| Office of the Code Reviser > Bill Drafting Guide
Bill Drafting Guide 2007
PREFACE
This pamphlet has been prepared by the office of the code reviser as a guide for the preparation of bills for the Washington legislature. The guide consists of four parts:
Part I - Working Procedures provides a short, nontechnical explanation for submitting bill drafting requests to the code reviser's office.
Part II - Formal and Technical Requisites describes the technical drafting rules followed by the code reviser's staff (attorneys, editors, typists, and proofreaders) in the preparation of legislation. Many of these requirements are derived from constitutional provisions, statutes, legislative rules, or case law. Sources are cited if appropriate.
Part III - Avoiding Unintended Liability provides guidelines to follow when drafting legislation to avoid creating unintended tort liability for the state.
Part IV - Instructions on Style is a style manual used by the code reviser's office. Included are sections on punctuation, numbers, capitalization, spelling, subsection numbering, and citations.
The code reviser's office maintains an audit file that documents the history and codification of all session law sections. We will furnish historical and cross-reference information as required and assist the drafter with questions of form or style that arise in the preparation of legislation.
| | | | K. KYLE THIESSEN | | | Code Reviser | | | LEW LEWIS | | | Deputy Code Reviser | | | SUE COHEN GOLDSTEIN | | | RAYE JEAN SAAR | | | MARK L. LALLY | | | Senior Assistant Code Revisers | | | ALICE S. IM | | | BRANDON POPOVAC | | | JENNIFER ARNOLD | | | BRYAN L. PAGE | | | Assistant Code Revisers | | | ROBERTA MORELLO | | | Indexer | | | | | | |
TABLE OF CONTENTS PART I WORKING PROCEDURES PART II FORMAL AND TECHNICAL REQUISITES (1) SAMPLE BILL
(2) AMENDATORY SECTIONS -- BASIC LANGUAGE
(3) AMENDATORY SECTIONS -- INDICATING DELETIONS AND ADDITIONS
(4) NEW SECTIONS
(5) CODIFICATION DIRECTIONS
(6) ADDING CHAPTERS TO RCW
(7) BILL TITLES
(8) ENACTING CLAUSE
(9) REPEALERS
(10) SUGGESTIONS FOR COMMONLY USED CLAUSES
(a) Advisory committees
(b) Age
(c) Alternative initiative clauses
(d) Appropriations
(e) Captions, part headings not law clause
(f) Civil service
(g) Consumer protection clause
(h) Definitions -- Introducing
(i) Double amendments -- Correcting
(j) Effective date clauses
(k) Emergency clause
(l) Expiration date clauses
(m) Funds
(n) Gifts or grants to an agency
(o) Joint select committees or legislative task forces
(p) Null and void clauses
(q) Penalty clauses -- Sentencing
(r) Prospective or retroactive effect clauses
(s) Public disclosure
(t) Recodification clause
(u) Referendum clauses
(v) Savings clauses
(w) Severability clauses
(x) Short title
(y) Staggered terms
(z) Sunset and termination clauses
(aa) Travel expenses -- Reimbursement
(11) GENERAL DRAFTING PRINCIPLES
(a) Length of sections
(b) Internal references in a bill
(c) Reference to "this act"
(d) References to other bills
(e) Reference to Washington statutes
(f) Incorporation by reference
(g) Gender
(h) Delegation of legislative authority
(i) Provisos
(j) The "one subject" rule
(k) Enrolled bill doctrine
(l) Amending without setting forth in full -- Amendments to sections by reference
(m) Articles
(n) Grammatical changes
(o) Style
(p) Captions
(q) Bond bills
(r) Reference materials
(s) Limitations, exceptions, and conditions
(t) Special legislation
(u) Time
(v) Last antecedent rule
(w) Respectful language
(12) RESOLUTIONS AND MEMORIALS
(a) Types enumerated
(b) Uses summarized
(c) Sample forms
(i) Concurrent Resolution
(ii) Floor Resolution
(iii) Joint Memorial
(iv) Joint Resolution (Constitutional Amendment)
(13) COMMITTEE AND FLOOR AMENDMENTS TO BILLS
(a) Heading
(b) Form and style of amendments
(c) Title amendments
(d) Amendments to engrossed bills
(e) Striking amendments
(f) Conference reports
(g) Effect statements
PART III AVOIDING UNINTENDED LIABILITY
(1) OVERVIEW
(2) GUIDELINES
(3) INTENT SECTIONS
PART IV INSTRUCTIONS ON STYLE
(1) PUNCTUATION AND GRAMMAR
(a) Commas
(b) Semicolons
(c) Tabulation
(d) Provisos
(e) Colons
(f) Quotation marks
(g) "Shall," "may," and "must"
(h) Tense, mood, and voice
(i) Fewer, less
(j) Words and phrases to avoid
(k) Italics
(2) NUMBERS
(3) CAPITALIZATION
(4) SPELLING
(5) SUBSECTIONS
(6) CITATIONS
PART I
WORKING PROCEDURES
The bill drafting process includes preliminary work by legislative staff or other requesters and final preparation by the code reviser's office. The process typically begins by a requester bringing a written request, or by e-mailing the request, to the code reviser's office. The Revised Code of Washington is in computer-accessible form. Bills introduced in the current legislative sessions, as well as recent past sessions, are also stored in the computer and may be used for drafting purposes. It is not necessary to retype a previously computerized bill or an RCW section.
If a few short RCW sections are being affected, a photocopy of those sections from the current RCW volume is all you need to bring us. Make your proposed changes in the margin of the photocopied sheet or on another sheet taped to the photocopy, using lines and arrows to show the changes. Legibility is very important, so use separate sets and indicate their placement with arrows rather than trying to scribble all material between the lines. If you have computer access to the Revised Code of Washington and want to do your work electronically or on a computer disk, clearly show us the deletions and additions on the computer version of your bill draft.
If you are changing more than three or four RCW sections, request a computer printout, also known as a "pull," of those sections and do your drafting on the printout. Printouts are usually available within a few hours. You may order a "wide pull," which is done on continuous-feed 11 x 17-inch paper and has a large space beside the text that can be used for drafting.
Some other tips to move your request through our office as fast as possible:
(1) Get your bill request in as soon as you can, identifying for whom the request is being made, such as a legislator, committee, or agency, who may be contacted to answer questions about the request, and who is authorized to pick up the draft.
(2) Make sure your bill request is clear and complete. Have something written down, even if in outline or memo form. It is not necessary to give us retyped or perfected copy. If you are using a bill or law from another state, have a copy of it. Also have an idea how the request will fit into current state law on the subject. Most important: Try to have the policy decisions worked out before bringing the request to us. We do not do substantive research and we will rely on your expertise.
(3) Keep a copy of the request for telephone discussion with the bill drafting attorney and to keep for your own records as we keep the original for archive purposes.
(4) To revise existing drafts, make your changes on a copy of our latest draft. Using the marked-up copy and the computer version, our typists go directly in at the points of change to make revisions. This can save an enormous amount of time and substantially improves accuracy.
If you expect extensive revision or restructuring of a bill or statute, request a wide computer printout for your use in redrafting. Showing changes on this type of printout reduces the working time needed by our office to produce a revised draft.
Following these suggestions will reduce turnaround time, eliminate unnecessary typing, and provide a greater degree of accuracy in the drafting process.
The bill drafting guide is also available on the internet. It is located on the Code Reviser's Office home page - /codereviser. Contact the Code Reviser's Office at (360) 786-6777 for further assistance in finding this site.
PART II
FORMAL AND TECHNICAL REQUISITES
(1) SAMPLE BILL
AN ACT Relating to counties; amending RCW 36.82.040; adding a new section to chapter 36.82 RCW; and repealing RCW 36.33.220.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.82.040 and 2001 c 212 s 27 are each amended to read as follows:
For the purpose of raising revenue for establishing, laying out, constructing, altering, repairing, improving, and maintaining county roads, bridges, and wharves necessary for vehicle ferriage and for other proper county road purposes, the board shall annually at the time of making the levy for general purposes make a uniform tax levy throughout the county, or any road district ((thereof)) of the county, of not to exceed two dollars and twenty-five cents per thousand dollars of assessed value of the last assessed valuation of the taxable property in the county, or road district ((thereof)) of the county, unless other law of the state requires a lower maximum levy, in which event such lower maximum levy shall control. All funds accruing from such levy shall be credited to and deposited in the county road fund ((except that revenue diverted under RCW 36.33.220 shall be placed in a separate and identifiable account within the county current expense fund)).
NEW SECTION.Sec. 2. A new section is added to chapter 36.82 RCW to read as follows:
A board of county commissioners may spend up to one percent of the county road fund tax levy, and may rent county road equipment from the county road equipment rental and revolving fund, for the maintenance and operation of garbage disposal sites within the county.
NEW SECTION.Sec. 3. RCW 36.33.220 (County road property tax revenues, expenditure for services authorized) and 2001 c 212 s 25, 1973 1st ex.s. c 195 s 142, 1973 1st ex.s. c 195 s 32, & 1971 ex.s. c 25 s 1 are each repealed.
Check session laws for examples of the many combinations of the various parts of a bill.
(2) AMENDATORY SECTIONS--BASIC LANGUAGE
(a) RCW as base for amendments. Amendments of existing sections affect both the existing RCW section and the session laws that preceded the codified version. The amendatory heading, called the "jingle," must recite both the most recent session law and RCW citation. The base language in the body of the section being amended is that of the RCW, not the session law. As restored and reenacted, the only variances between code text and session law text are those that are authorized by chapter 1.08 RCW. See *Joint Rule 13 and RCW 1.08.050.
*Note: Joint rules have not been adopted as of the time of publication.
(b) Code base must be current. The use of outdated versions of the Revised Code of Washington as a basis for preparing amendatory or repealing legislation results in the inadvertent deletion of current language, the reenactment of obsolete language, and other serious consequences. The drafter must be certain that the code that is being used is current.
To determine if a section has been amended or repealed since the latest publication of the code, check the current RCW-to-session law table in the back of the session laws or the RCW-to-bill table in the Legislative Digest, as appropriate. If the section was amended after the latest code publication, obtain a copy of the session law, the enrolled bill, or, if available, the latest computer version of the code, and indicate changes on that copy.
(c) Headings on amendatory sections.
(i) Codified. The amendatory "jingle" is the heading in a bill draft that precedes the text of the section being amended. The jingle recites the RCW section and the most recent session law being amended. Example:
Sec. 1. RCW 15.13.480 and 2000 c 144 s 30 are each amended to read as follows:
(ii) Uncodified. If the section being amended is uncodified and therefore does not have an RCW section number, the amendatory jingle would read:
Sec. 1. 2001 1st sp.s. c 2 s 12 (uncodified) is amended to read as follows:
(iii) History notes. The jingle is constructed from the history note that appears at the end of each RCW section. The word "Prior" in a history note indicates a break in the statutory chain, usually as the result of a repeal, a reenactment, or a reenactment and amendment. In those cases, the citation immediately preceding the word "Prior" is treated as the original law. Similarly, amendatory jingles should not reflect history note citations to "RRS," which is Remington's Revised Statutes or "Rem. Supp.," which is Remington's Revised Statutes Supplement.
(iv) Special sessions. If the history note refers to a special session of the current year and it is still possible to convene another special session in that year, the use of "1st sp.s." instead of the phrase "sp.s." is proper. "Ex.s." refers to "extraordinary session," the phrase that was used until replaced with "special session."
(v) Initiative or referendum. Amendment of a statute originally adopted by initiative or referendum requires a two-thirds vote of each house of the legislature during the two years following its enactment. See Article II, section 41 of the state Constitution. Notation of the initiative or referendum number must be included in the amendatory jingle during this two-year period. Example:
Sec. 1. RCW 70.105E.020 and 2005 c 1 s 2 (Initiative Measure No. 297) are each amended to read as follows:
(vi) Double amendments. For a section amended more than once during a legislative session, each without reference to the other, see subsection (10)(i) of this part.
(d) Reenactments and reenactments and amendments. The jingle for reenactments and for reenactments and amendments includes the RCW section being amended and the session laws being reenacted. Example:
Sec. 1. RCW 19.28.161 and 2006 c 224 s 2 and 2006 c 185 s 6 are each reenacted and amended to read as follows:
(3) AMENDATORY SECTIONS -- INDICATING DELETIONS AND ADDITIONS
Article II, section 37 of the state Constitution declares "No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length." See discussion in subsection (11)(l) of this part. Senate Rules 26 and 57 and *Joint Rule 13 specify the manner of compliance with this requirement. The following procedures are used in sections that amend existing law:
(a) Language and punctuation intended to be deleted is set forth in full and enclosed by double parentheses, and the language is struck through with a solid line ((
(b)(i) New material added to an amendatory section must be underlined.
(ii) The new material should follow the deletions: "in the sum of ((fifty)) one hundred dollars."
(iii) To correct an error that is indicated in the RCW by bracketed material following the erroneous material, delete both the erroneous material and the bracketed material and insert the correct language as underlined new material: "((of [or])) or."
(iv) A change in legislative purpose will be presumed from a material change in the wording of a statute. In re Childers v. Childers, 89 Wn.2d 592, 596 (1978); In re Bale, 63 Wn.2d 83, 89 (1963); Phillips' Estate, 193 Wash. 194 (1938). The general rules are to minimize the changes to the current code, and that words not affected by the proposed amendment are usually not deleted. However, following these rules sometimes result in difficult reading, and in these cases it is permissible to delete an entire phrase and show the revised phrase as entirely new material even though this entails the simultaneous deletion and addition of words not strictly necessary to the proposed amendment. A similar situation involves a string of provisos that have become cumbersome to interpret. Provisos are ambiguous and antiquated and it might be necessary to restructure a paragraph of provisos into short sentences for clarity of meaning. See related discussions on grammatical changes in subsection (11)(n) of this part and provisos in subsection (11)(i) of this part.
*Note: Joint rules have not been adopted as of the time of publication.
(4) NEW SECTIONS
A new section, whether set forth in a bill containing all new sections or in a bill that is partly amendatory, should be preceded by the caption "NEW SECTION." typed in capital letters and underlined, including the period. The caption "NEW SECTION." should be indented and should precede the section number. The text of these sections is not underlined. See Senate Rule 57 and *Joint Rule 13. All sections except amendatory sections are preceded by the caption "NEW SECTION."
*Note: Joint rules have not been adopted as of the time of publication.
(5) CODIFICATION DIRECTIONS
New material intended to be codified should contain a legislative direction for placement as a new or in an existing chapter of the RCW. Each section to be added to the RCW is introduced with a heading in the following style:
NEW SECTION.Sec. 1. A new section is added to chapter 18.22 RCW to read as follows:
Chiropodists may issue prescriptions in the practice of chiropody.
If several sections are being added to the same RCW chapter or session law chapter, the codification direction need not be repeated in introducing each section but may be placed near the end of the bill as follows:
NEW SECTION.Sec. 50. Sections 1 through 13 of this act are each added to chapter 18.22 RCW.
Do not assign RCW numbers to new sections. Code numbers and section captions are added in the codification process.
RCW 1.04.010 declares that the Revised Code of Washington is intended to contain "all the laws of the state of a general and permanent nature." Codification directions are generally not given for the following types of sections:
(a) Intent sections;
(b) Codification direction sections;
(c) Appropriations;
(d) Repealers;
(e) Effective date sections;
(f) Severability clauses;
(g) Emergency clauses;
(h) Savings clauses;
(i) Referendum clauses; and
(j) All other sections of a limited or temporary nature, including short-term studies and reports.
In general, see RCW 1.08.017.
Subchapter headings
If an RCW chapter is divided by subchapter headings, it is advisable to give the codifier directions as to which subchapter the new sections are to be added. See chapter 42.17 or 46.61 RCW for examples of subchapters. Example:
NEW SECTION.Sec. 1. A new section is added to chapter 46.61 RCW under the subchapter heading "stopping, standing, and parking" to read as follows:
To create a new subchapter heading, the following language may be used:
NEW SECTION.Sec. 11. Sections 1 through 10 of this act are each added to chapter 46.61 RCW and codified with the subchapter heading of "."
(6) ADDING CHAPTERS TO RCW
If a bill totally consists of new material, the decision on whether to add it to a specific title of the RCW largely depends upon its relevance to statutes already in existence. Wholly new acts may be drafted and enacted without a direction as to codification, and the placement decision will be made by the code reviser after enactment. If the drafter desires the act to be added as a new chapter in a certain title of the RCW, this direction should be given in a section near the end of the bill, directing the creation of a new chapter in the selected title to encompass the new sections:
NEW SECTION.Sec. 13. Sections 1 through 12 of this act constitute a new chapter in Title 4 RCW.
(7) BILL TITLES
(a) Title Rule
The subject of the bill must be stated in the title of the bill. The title is the part of the bill that begins with "AN ACT Relating to. . ." and ends before the phrase "BE IT ENACTED. . ."
(i) Article II, section 19 of the state Constitution declares, "No bill shall embrace more than one subject, and that shall be expressed in the title." While this requirement is liberally construed, "the purposes of the constitutional provision are to: (A) Protect and enlighten members of the legislature; (B) apprise the people generally concerning the subjects of legislation being considered; and (C) prevent hodge-podge or log-rolling legislation." Rourke v. Dept. of Labor & Ind., 41 Wn.2d 310, 312 (1952). The first two purposes relate to the title rule, the third to the one subject rule.
(ii) Generally a title should be broad and comprehensive; restrictive titles are generally avoided, unless a sponsor's strategy is to avoid amendments. The state supreme court on several occasions has declared that a broad title will be liberally construed, while a restrictive title will cause the bill to be carefully scrutinized, and "provisions that are not fairly within such restricted title will not be given force." State ex rel. Toll Bridge Authority v. Yelle, 32 Wn.2d 13 (1948). Words in the title must be given their common and ordinary meaning. DeCano v. State, 7 Wn.2d 613, 627 (1941).
If an act violates the title rule, the court may sever the portion of the act that is not covered by the title. Distilled Spirits Institute, Inc. v. Kinnear, 80 Wn.2d 175 (1972).
In connection with titles of acts, see: Maxwell v. Lancaster, 81 Wash. 602 (1914); Gruen v. State Tax Commission, 35 Wn.2d 1 (1949); State ex rel. Martin v. Bugge, 38 Wn.2d 834 (1951); Power, Inc. v. Huntley, 39 Wn.2d 191 (1951); Naccarato v. Sullivan, 46 Wn.2d 67 (1955); Price v. Evergreen Cemetery Co., 57 Wn.2d 352 (1960); Stuart v. East Valley Cons. School Dist., 61 Wn.2d 571 (1963); State v. Lounsbery, 74 Wn.2d 659 (1968); Flanders v. Morris, 88 Wn.2d 183 (1977); and Amalgamated Transit Union v. State, 142 Wn.2d 183 (2000).
(iii) RCW numbers of sections to be amended, reenacted and amended, recodified, decodified, or repealed are listed individually in the title.
As a general rule, the material that appears after the semicolon in most bills is based solely on custom, not constitutional requirements. Items that are not constitutionally required include: Amendatory sections, penalties, emergency clauses, and repealed sections. See Sorenson v. Kittitas Reclamation Dist., 70 Wash. 528 (1912), State ex rel. Matson v. Superior Court, 42 Wash. 491 (1906); State v. Montgomery, 57 Wash. 192 (1910), State ex rel. Henry v. MacDonald, 25 Wash. 122 (1901); State ex rel. Anderson V. Howell, 106 Wash. 542 (1919); State v. Winters, 67 Wn.2d 465 (1965).
(iv) The parts of a bill title and their order of appearance in the title are as follows:
(A) A statement of subject matter, with capitalization as shown:
"AN ACT Relating to motor vehicles; . . ."
(B) The recitation of the RCW numbers of the sections amended, if any, in the order they appear in the bill:
"amending RCW 46.08.150, 46.08.170, and 46.08.172; . . ."
You do not need to write out the citations of sections amended when you bring us your request. This will be done by the code reviser's office.
If a codified section is being amended, only the RCW number is recited in the title, not the session law. If an uncodified section is amended, it is recited in the title in the same form as in the jingle.
(C) The recitation of the RCW numbers of sections reenacted and amended:
"reenacting and amending RCW 43.99.110; . . ."
(D) The recitation of the RCW numbers of sections reenacted:
"reenacting RCW 70.05.010; . . ."
(E) The recitation of sections or chapters added, in the order they appear in the bill:
"adding a new section (or "adding new sections") to chapter 46.08 RCW; adding a new chapter to Title 50 RCW; . . ."
(F) The creation of new sections that are not expressly added to the RCW, with the exception of the severability clause and codification directions, which are not reflected in the title:
"creating new sections; . . ."
(G) The recitation of the RCW numbers of sections being recodified:
"recodifying RCW 11.98.010; . . ."
(H) The recitation of the RCW numbers of sections being decodified:
"decodifying RCW 3.20.115; . . ."
(I) The recitation of the RCW numbers of sections repealed, according to the order that they appear in the bill:
"repealing RCW 46.08.070; . . ."
(J) The recitation of uncodified sections being repealed:
"repealing (list all session laws); . . ."
(K) If the act prescribes or modifies civil or criminal penalties, the phrase:
"prescribing penalties; . . ."
(L) If the act appropriates money, the phrase:
"making an appropriation; . . ."
(M) If the act provides an effective date, the phrase:
"providing an effective date; . . ."
"providing a contingent effective date; . . ."
(N) If the act provides an expiration date, the phrase:
"providing an expiration date; . . ."
(O) If the act provides for a referendum, the phrase:
"providing for submission of this act to a vote of the people; . . ."
(P) If the act carries an emergency clause, the phrase:
"and declaring an emergency."
(v) If all of the components in (a)(iv) of this subsection of this part were used, the title would look like this:
AN ACT Relating to motor vehicles; amending RCW 46.08.150, 46.08.170, and 46.08.172; reenacting and amending RCW 43.99.110; reenacting RCW 70.05.010; adding a new section to chapter 46.08 RCW; adding a new chapter to Title 50 RCW; creating new sections; recodifying RCW 11.98.010; decodifying RCW 3.20.115; repealing RCW 46.08.070; prescribing penalties; making an appropriation; providing an effective date; providing an expiration date; *providing for submission of this act to a vote of the people; and declaring an emergency.
*Note: In an actual bill a referendum clause is incompatible with an emergency clause. See Article II, section 1(b) of the state Constitution.
(b) One Subject Rule
"No bill shall embrace more than one subject . . ."
A bill may contain a general subject and incidental subdivisions without violating the one subject rule. There must be some "rational unity" between the general subject and the incidental subdivisions. The subdivisions must be naturally and reasonably connected with the general subject. Water District No. 5, King County v. State, 79 Wn.2d 337 (1971).
If an act violates the one subject rule but not the title rule, the entire bill fails. The court will not select one portion of the bill over another. Power, Inc. v. Huntley, 39 Wn.2d 191 (1951).
(8) ENACTING CLAUSE
The enacting clause is found immediately following the title of the bill and before the first section. Article II, section 18 of the state Constitution declares:
The style of the laws of the state shall be: "BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:" And no laws shall be enacted except by bill.
In a bill, the enacting clause appears in capital letters, followed by a colon. See the sample bill in subsection (1) of this part.
Initiatives to the legislature and initiatives to the people both begin with "BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:"
(9) REPEALERS
(a) Use of history notes. The repealer is constructed from the history note that appears at the end of each RCW section. The word "Prior" in a history note denotes a break in the statutory chain, usually as the result of a repeal, a reenactment, or a reenactment and amendment. In these cases the citation immediately preceding the word "Prior" is treated as the original law. Similarly, repealers should not reflect history note citations to "RRS" or "Rem. Supp."
Example of a history note for RCW 43.88.120:
[2000 2nd sp.s. c 4 s 13; 1991 c 358 s 3; 1987 c 502 s 6; 1984 c 138 s 10; 1981 c 270 s 8; 1973 1st ex.s. c 100 s 7; 1965 c 8 s 43.88.120. Prior: 1959 c 328 s 12.]
A repealer must cite the entire series of session law amendments, while an amendatory jingle must cite only the most recent session law.
(b) Repealing sections of RCW. Cite the RCW section to be repealed, the section caption, and its session law history, from most current to original (see RCW 1.08.050). For example:
NEW SECTION.Sec. 1. RCW 43.88.120 (Revenue estimates) and 2000 2nd sp.s. c 4 s 13, 1991 c 358 s 3, 1987 c 502 s 6, 1984 c 138 s 10, 1981 c 270 s 8, 1973 1st ex.s. c 100 s 7, & 1965 c 8 s 43.88.120 are each repealed.
(c) Repealing more than one section of the RCW. Use subsection groupings, cite each RCW section to be repealed, the section caption, and its session law history, from most current to original. For example:
NEW SECTION.Sec. 1. The following acts or parts of acts are each repealed:
(1) RCW 70.95A.035 (Actions by municipalities validated) and 1975 c 6 s 4;
(2) RCW 70.95A.040 (Municipalities -- Revenue bonds for pollution control facilities -- Authorized -- Construction -- Sale, conditions -- Form, terms) and 1983 c 167 s 174, 1975 c 6 s 3, & 1973 c 132 s 5;
(3) RCW 70.95A.045 (Proceeds of bonds are separate trust funds--Municipal treasurer, compensation) and 1975 c 6 s 2; and
(4) 2002 c 301 s 1 (uncodified).
(d) Repealing an entire RCW chapter. If an entire RCW chapter is to be repealed, it should be repealed section by section and not by chapter. Repealing by chapter precludes further use of the chapter number. Use the same form as in subsection (9)(c) of this part, unless the original enactment of the chapter is unchanged and does not contain sections that have subsequently been amended. In that case only, this form may be used:
NEW SECTION.Sec. 1. RCW 19.18.010 through 19.18.150 and 1955 c 282 ss 1 through 15 are each repealed.
This repeals all of the RCW sections in the chapter and the session law sources from which they were derived, yet permits appropriate memorials for sections repealed to be placed in the Table of Disposition of Former RCW Sections and preserves the remainder of chapter 19.18 RCW for future codification of new sections relating to this subject. One hazard of this shortcut method is that it is difficult to make changes during the legislative session in the repealer, such as deleting one of the sections or modifying the repealer to reflect amendments made to the chapter by other bills passed earlier in the same session.
(e) Repeal of a repealer. The repeal of a repealer does not revive the underlying act. In re Williamson, 116 Wash. 560, 565 (1921). If a repealer has a delayed effective date, the session law section that contains the repealer may be repealed, but only if the repeal of the delayed repealer takes effect before the effective date of the delayed repealer. Likewise, if an amendment to an RCW section is not yet in effect due to a delayed effective date, the session law section that makes the amendatory change may be repealed. This has limited application. For an example, see section 6, chapter 12, Laws of 1991.
(f) Delayed repealer. If delaying a repeal, provide for possible subsequent amendments in a form such as this:
NEW SECTION.Sec. 1. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2020:
(1) . . .
(g) Table of disposition of former RCW sections. The captions and legislative histories of RCW sections that have been repealed or decodified are found in the Table of Disposition of Former RCW Sections. This table appears in Volume 0 of the RCW and is updated in the current supplement. If a subsequent enactment on the same subject is evident, it is usually noted in the table. If a statute is repealed simultaneously with the enactment of a substantially similar statute, the operation of the statute is not interrupted, that is, the original statute is considered only to have been amended as of the effective date of the repeal and reenactment. In re Frederiksen, 25 Wn. App. 726 (1980). See also RCW 1.12.020. If you are repealing certain sections and replacing them with entirely new material that operates as a later enactment, please let the code reviser's office know so that we may make note of it.
(h) Internal references. If repealing or extensively amending a section, the drafter may also need to amend those sections of law that contain references to the repealed or amended section. To aid the drafter in locating these sections, the code reviser's office has available an inverse cross-reference table of RCW sections.
(i) Savings clauses. See subsection (10)(v) of this part.
(j) Decodification. The code reviser's office has the authority to remove, or decodify, from the code a section that has been repealed without reference to an amendment to the section. RCW 1.12.025 reads in part: "The code reviser, in consultation with the statute law committee, may decodify a section of the official code which was repealed without reference to an amendment to the section. The decodification of the section shall occur only if the statute law committee determines that the decodification does not conflict with the purpose of the amendment." The code reviser's office also decodifies sections that no longer need to be published, such as severability clauses, effective dates, cross-reference sections, and other similar provisions.
(10) SUGGESTIONS FOR COMMONLY USED CLAUSES
The following examples of clauses are offered as the starting point for drafting various provisions. The drafter is cautioned to consider in each case how the suggested clause should be adjusted to fit the exact needs of the measure being drafted.
Many of these provisions are taken from existing statutory or constitutional language and have known judicial interpretations. Where possible, these sources and interpretations are cited.
(a) Advisory committees. Avoid placing advisory committees in statutes permanently. Use temporary sections or authorize the agency involved to have a committee or solicit input.
(b) Age. Be as concise and precise as possible. Examples:
Ten years old.
At least ten years old.
(c) Alternative initiative clauses. Under Article II, section 1(a) of the state Constitution, the legislature may reject a measure proposed by initiative petition and propose a different act dealing with the same subject. See also RCW 29A.72.050, 29A.72.270, and 29A.72.280. In this case, both measures are submitted to a vote of the people, and the following language is suggested:
This act constitutes an alternative to Initiative . The secretary of state shall place this act on the ballot in conjunction with Initiative at the next regular general election.
Effective dates
This clause may be used in conjunction with an emergency or other effective date clause causing the act to go into effect before the election date, in which case the following language may be added to the alternative initiative clause:
This act continues in effect until the secretary of state certifies the election results on this act. If affirmatively approved at the next regular general election, the act continues in effect thereafter.
Both of these clauses are modeled after RCW 90.58.930 (decodified September 1996).
Enacting clause
Initiatives to the legislature and initiatives to the people both begin with
"BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:"
See Article II, section 1(d) of the state Constitution.
(d) Appropriations. Article VIII, section 4 of the state Constitution declares:
No moneys shall ever be paid out of the treasury of this state, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within one calendar month after the end of the next ensuing fiscal biennium, and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied, and it shall not be sufficient for such law to refer to any other law to fix such sum. (Emphasis added.)
"While an appropriation need not be in particular form or words, the legislative intent must be clear and certain; it cannot be inferred by a construction of doubtful acts or ambiguous language." Mason-Walsh-Atkinson-Kier Co. v. Dept. of Labor & Industries, 5 Wn.2d 508, 514 (1940).
The following is a suggested appropriation clause for an appropriation from a fund other than the general fund:
The sum of dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2009, from the fund to the department of for the purposes of .
(The state fiscal biennium ends on June 30th of the odd-numbered year.)
The following is a suggested appropriation clause for an appropriation from the general fund:
The sum of dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2008, from the general fund to the department of for the purposes of this act.
(Expenditures from the general fund are limited on a fiscal year basis under Initiative 601 (RCW 43.135.025). Annual appropriations enable better compliance and analysis.)
Lending of credit. Article VIII, section 5 of the state Constitution prohibits the lending of the state's credit. Article VIII, section 7 of the state Constitution prohibits counties, cities, towns, or other municipal corporation from giving money, property, or loaning money, or credit except for the necessary support of the poor and infirm. For exceptions, see Article VIII of the state Constitution.
(e) Captions, part headings not law clause. Use the following suggested clause to ensure that captions or part headings in a bill are not misconstrued:
(Captions/Part headings) used in (this act/this chapter/sections through of this act) are not any part of the law.
See subsection (11)(p) of this part.
(f) Civil service. To exempt an employee or an agency from the state civil service law, chapter 41.06 RCW:
(i) A new section may be added to chapter 41.06 RCW exempting the particular position or entity;
(ii) The extensive list in RCW 41.06.070 describing various exempt positions may be amended; or
(iii) A new section may be included in the material being drafted or the exemption may be added to the material being amended.
Example for new section in chapter 41.06 RCW:
NEW SECTION.Sec. . A new section is added to chapter 41.06 RCW to read as follows:
In addition to the exemptions provided under RCW 41.06.070, this chapter does not apply in the department of (fill in appropriate agency) to the (fill in appropriate positions).
Example for new section outside of chapter 41.06 RCW:
NEW SECTION.Sec. . A new section is added to chapter RCW to read as follows:
The (fill in appropriate position) is exempt from the state civil service law, chapter 41.06 RCW.
To add new material to an existing RCW section the language in the previous example may be added to an appropriate RCW section, with the underlining of new material as required.
To add additional positions beyond those already provided by statute, the following sentence may be added as a new section or may be inserted as amendatory material:
In addition to the exemptions in (cite RCW number that gives initial exemption) the (fill in appropriate position) is exempt from the application of the state civil service law, chapter 41.06 RCW.
(g) Consumer protection clause. To apply the consumer protection act, chapter 19.86 RCW, to conduct not specifically prohibited in chapter 19.86 RCW, a new section is added to the chapter regulating the conduct or activity, using the following language to make the conduct a per se violation of chapter 19.86 RCW:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
The use of this language in statute enables the attorney general or private parties to bring an action under chapter 19.86 RCW without having to establish the five statutorily required elements under the consumer protection act. See Hangman Ridge v. Safeco Title, 105 Wn.2d 778 (1986); Travis v. Washington Horse Breeders Association, 111 Wn.2d 396 (1988).
(h) Definitions -- Introducing. The following is suggested as a method of introducing a section containing only definitions:
The definitions in this section apply throughout (this chapter/sections through of this act) unless the context clearly requires otherwise.
Each definition is then given a subsection number and is ended by a period. Alphabetize the terms if possible, as it is easier to find a particular term in a lengthy definition section if the terms are in alphabetical order.
If the definition is restrictive, use "means." If the definition is inclusive, use "includes." Examples:
(1) "Department" means the department of transportation.
(2) "Vehicle" includes automobiles, trucks, buses, and motorcycles.
Terms that appear throughout an act should be defined, if at all, at the beginning of the act. If a term has been defined, there is no need to recite the definition each time the term is used. The defined term should be used consistently. If a term is used in only one place in an act, it should probably be defined at that place. For example:
For the purposes of this section, "noneconomic damages" means . . .
Definition sections should not contain substantive provisions of law such as fees, penalties, or prohibited conduct. Do not use definitions to specify requirements that must be met for receiving a license or conducting a business. These and similar matters should be treated in separate sections of the act.
See State v. Chester, 82 Wn. App. 422 (1996) for use of dictionary definitions.
Avoid citing to the subsection number if referring to a definition by RCW number. Unnecessary over-citing requires amending the reference every time the definition section's subsection numbers change.
(i) Double amendments -- Correcting. The following style is used to enact a corrected version of an RCW section that was amended two or more times during a legislative session, each amendment without reference to the other:
Sec. 1. RCW 79.17.010 and 2003 1st sp.s. c 25 s 939 and 2003 c 334 s 452 are each reenacted to read as follows:
This style is also used for double amendments that have been merged for publication purposes under RCW 1.12.025(2). Merged sections are followed by a reviser's note in the code.
If the double amendment is being amended as well as being corrected, the last phrase of the amendatory jingle should read "are each reenacted and amended to read as follows:"
For statutory construction of double amendments, see RCW 1.12.025(1).
(j) Effective date clauses.
(i) Ordinary. If no effective date is specified in a bill, it will take effect ninety days after final adjournment of the legislative session in which it is enacted. See Article II, section 41 of the state Constitution. To specify a later effective date, the following effective date clause is appropriate:
This act takes effect (date).
(ii) Date Specific -- Emergency Clauses. If the date chosen would put the act in effect earlier than ninety days after final adjournment of the legislative session, the effective date clause should be combined with an emergency clause. See Article II, sections 1(b) and 41 of the state Constitution. In odd-numbered years, the one hundred five-day length of the regular session puts the normal effective date in July, so an emergency clause is necessary for a July 1st effective date. In even-numbered years, bills passed during the sixty-day regular session take effect in early June, but bills passed in a thirty-day special session after the regular session will require an emergency clause for a July 1st effective date. See discussion of emergency clauses in (k) of this subsection.
(iii) Contingent. If the effective date of an act is contingent on the adoption of a constitutional amendment, the following language should be used:
This act takes effect (date) if the proposed amendment to Article , section of the state Constitution (briefly describe substance of amendment and indicate the joint resolution number, if known) is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety. (Based on chapter 141, Laws of 1973 1st ex. sess.)
The secretary of state has thirty days after the election to certify the results of the election. If a specific effective date is desired, the effective date should be on or after the completion of the thirty days. See RCW 29A.60.260.
(iv) Initiatives. "Such measure shall be in operation on and after the thirtieth day after the election at which it is approved." Article II, section (1)(d) of the state Constitution.
(v) If the drafter wishes to ensure that the appropriate agency has the authority to prepare for the implementation of an act before its effective date, the following language, derived from RCW 90.58.920, may be used:
NEW SECTION.Sec. 28. Sections 1 through 27 of this act take effect (date).
NEW SECTION.Sec. 29. The director of may take the necessary steps to ensure that this act is implemented on its effective date.
(vi) The phrase "the effective date of this section" or "the effective date of this act" is often used throughout a bill to refer to its effective date without having to repeat the date. Changes in the bill's effective date need only be made in the effective date clause and not throughout the bill. In the codification process, the phrase "the effective date of this section" or "the effective date of this act" is translated to the actual date. If there is a possibility of multiple effective dates in an act, use "the effective date of this section" to avoid ambiguity. See subsection (11)(c) of this part for the use of "this act" in amendatory sections.
(vii) Use caution if a bill includes an effective date that could take effect before the governor signs the bill. If, in that case, a retroactive effect is desired, a clear intent for retroactivity should be expressed in the bill.
(viii) For more on computation of time, see subsection (11)(u) of this part.
(k) Emergency clause. The following standard emergency clause is based on the language of Article II, section 1(b) of the state Constitution:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect (immediately or a specific date).
An emergency clause may be used to prevent a bill from being subject to a referendum under Article II, section 1(b) of the state Constitution. This exempts it from the rule of Article II, section 41 of the state Constitution that "No act, law, or bill subject to referendum shall take effect until ninety days after the adjournment of the session at which it was enacted."
Article II, section 1(b) of the state Constitution states that an act may be subject to referendum "except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions . . ."
Therefore, the recitation of the emergency clause should be used if it is desired that the act take effect sooner than ninety days after adjournment sine die, though the declaration may not be strictly necessary if the nature of the bill clearly falls within the language of Article II, section 1(b) of the state Constitution. State ex rel. Pennock v. Reeves, 27 Wn.2d 739, 743 (1947).
The legislative declaration contained in the emergency clause is considered conclusive and is to be given effect unless the declaration is obviously false on its face. CLEAN v. State, 130 Wn.2d 782 (1997), State ex rel. Pennock v. Coe, 42 Wn.2d 569 (1953). But see Andrews v. Munro, 102 Wn.2d 761 (1984).
It has also been held that the language of Article II, section 1(b) of the state Constitution describes two separate and distinct categories of acts not subject to referendum, one that relates to the immediate preservation of the public peace, health, or safety, and the other for the support of the state government and its existing public institutions. The latter category need not have any immediate nature. State ex rel. Helm v. Kramer, 82 Wn.2d 307, 312 (1973). "The word 'or' was apparently inadvertently omitted before the word 'support,' and this court has always construed the section as though that word had not been omitted." State ex rel. Hoppe v. Meyers, 58 Wn.2d 320, 326 (1961); Farris v. Munro, 99 Wn.2d 326, 335 (1983).
An emergency clause is not necessarily required for immunity of a bill from referendum. See Andrews v. Munro, 102 Wn.2d 761 (1984).
For bills that might have effective dates that precede the governor's approval, see (j)(vii) of this subsection.
For more on computation of time, see subsection (11)(u) of this part.
(l) Expiration date clauses. To expire a specific section in a bill, the following sentence should be inserted at the end of the section:
This section expires (date).
The RCW section will expire on the date specified, whether the section in the bill is new or is an amendatory section, and the RCW section will be removed from the code on the specified date regardless of subsequent amendments to the RCW section, unless the expiration language is amended. See RCW 4.22.080 or 70.94.996.
If the expiration of amendatory material in a bill is desired, it is possible to draft the expiration as part of the amendatory material. For example, if an additional subsection is being added to an RCW section and the subsection is to have a limited duration it should be drafted as follows:
(5) Until July 1, 2007, an applicant may not . . .
If the amendment consists of changes throughout the section, the expiration of the RCW section should be directed by adding an expiration sentence at the end of the section and a new section that reads as desired should be enacted to take effect on the expiration date. One problem this method causes is that other RCW sections may refer to the expired section. Therefore, you must either change the references, with delayed effective dates, or rely on RCW 1.12.020 and 1.12.028.
A separate expiration section should not be used unless the sections to expire are all new sections. In this case, the expiration section should be added to the code so that the section references will be translated to RCW numbers and the RCW sections can be removed from the code, regardless of subsequent amendments to the RCW section.
If a separate expiration section is applied to an amendatory section, presumably only the amendments expire and the section will return to its previous state, but subsequent amendments to the section may make it difficult to return the section to its previous state.
For the sunset of agencies and programs, see (z) of this subsection. A "sunset" is not the same as an "expiration." Those terms should not be used synonymously.
(m) Funds.
(i) Public funds. The moneys of the state are divided among various funds such as the general fund, the motor vehicle fund, and the wildlife fund. These funds, in turn, are divided into various accounts. If a fund or account is located in the state treasury, in accordance with Article VIII, section 4 of the state Constitution, it is subject to appropriation by the legislature. Being "subject to appropriation" means that money may not be used from the fund or account without legislative directive.
A fund or account that is not in the treasury may be referred to as a custodial or nontreasury fund or account. Within this classification, a fund or account may be in the custody of the state treasurer without actually being in the state treasury. See RCW 77.95.090.
Regardless of whether a fund or account is appropriated or nonappropriated, expenditures may be limited by statute to a specific purpose. These funds and accounts are called dedicated. Normally a fund or account that does not require an appropriation is restricted to a particular purpose. In addition, it is possible to restrict statutorily the use of certain moneys within a fund or account. See RCW 82.45.180.
In statute, many nonappropriated funds are loosely referred to as "revolving funds," which is in variance with the definition of revolving fund found in the budget and accounting act. See RCW 43.88.020. In addition, several "revolving" funds are actually appropriated funds. See RCW 43.19.500 or 80.01.080. Technically speaking, a revolving fund is a particular type of dedicated fund in which other public funds, not citizens, are the revenue source.
(A) The following is an example of an account in the state treasury. All treasury accounts are subject to appropriation.
The account is created in the state treasury. All receipts from (fill in source) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for .
(B) The following is suggested language for creating a nonappropriated account in the state treasurer's custody:
The account is created in the custody of the state treasurer. All receipts from (fill in source) must be deposited into the account. Expenditures from the account may be used only for . Only the director of or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(ii) Effective dates. If changing a treasury account to a nontreasury account or vice versa, or combining several accounts into one, a July 1 effective date on the section is preferred. An account change at the beginning of the fiscal year rather than during the fiscal year assists in the accounting process.
If creating a new program and corresponding fund or account, a July 1 effective date is not critical. The fund or account should be created with an effective date to serve the needs of the program.
(iii) Interest accrual. See RCW 43.84.092 and 43.79A.040.
(n) Gifts or grants to an agency. Example:
The (commission, board, etc.) may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the (commission, board, etc.) and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710. See RCW 74.29.020. Also consider RCW 42.52.150 and 42.52.010(10).
(o) Joint select committees or legislative task forces. The following is suggested language to use when creating a joint select committee or legislative task force1:
NEW SECTION.Sec. . (1)(a) A joint select committee/legislative task force on is established, with members as provided in this subsection.
(i) The president of the senate shall appoint member[s] from each of the two largest caucuses of the senate.2
(ii) The speaker of the house of representatives shall appoint member[s] from each of the two largest caucuses of the house of representatives.2
(iii) The president of the senate and the speaker of the house of representatives jointly shall appoint members representing [local government or private sector interests].
(iv) The [governor or other named elected official] shall appoint members representing [state agencies].3
(b) The committee/task force shall choose its chair/cochairs from among its [legislative] membership. [legislator/official] shall convene the initial meeting of the committee/task force.
(2) The committee/task force shall review the following issues:
(a) ...
(b) ...
(c) ...
(3) Staff support for the committee/task force must be provided by the senate committee services and the house of representatives office of program research.4
(4) Legislative members of the committee/task force must be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(5) The expenses of the committee/task force must be paid jointly by the senate and the house of representatives.4 Committee/task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.
(6) The committee/task force shall report its findings and recommendations to the [governor, named elected official, and the] appropriate committees of the legislature by [date].
(7) This section expires [date].
Comment
1Use joint select committee when only legislators are to be appointed; use legislative task force when both legislators and nonlegislative members are to be appointed. If the members are appointed exclusively by the president of the senate and the speaker of the house of representatives, the preferred format is a concurrent resolution rather than a bill. The preferred format is a bill when the study requires participation of the executive branch.
2Optional additional language might include: At least one member from each caucus must be a member of the senate/house of representatives committee, or successor committee.
3Executive branch members may be included as voting or nonvoting members. For nonvoting members, the following language is suggested:
"( ) The department of shall cooperate with the committee/task force and maintain a liaison representative, who shall be a nonvoting member."
Alternatively, agencies may be required to assist the committee/task force. If so, the following language is suggested:
"( ) The department of shall cooperate with the committee/task force and provide information as the chair/cochairs may reasonably request."
4If the task force includes executive branch members, the legislation may direct staffing by the executive branch instead, and subsection (3) will be replaced and the first sentence of subsection (5) deleted.
If the scope of the study may require outside expert resources, an identified funding source should be included. The following additional language is suggested:
"( ) The committee/task force may contract with additional persons who have specific technical expertise if the expertise is necessary to carry out the mandates of the study. The committee/task force may enter into such a contract only if an appropriation is specifically provided for this purpose."
It may be useful to specify that the committee/task force may form an advisory group or groups by adding a subsection using the suggested language below. If a mandatory advisory committee is desired, member representation, appointment authority, and travel reimbursement should be specified.
"( ) The committee/task force, where appropriate, may consult with individuals from the public and private sector or ask the individuals to establish an advisory committee. Members of such an advisory committee are not entitled to expense reimbursement."
(p) Null and void clauses. The code reviser's office does not add this clause without specific direction.
Example of a null and void clause for an entire act:
If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.
If specific funding for the purposes of section ... of this act, referencing section ... of this act by bill or chapter number and section number, is not provided by June 30, 2007, in the omnibus appropriations act, section ... of this act is null and void.
(q) Penalty clauses -- Sentencing. For the punishment of misdemeanors, gross misdemeanors, and felonies if not fixed by statute, see RCW 9.92.010 through 9.92.030. For the classification and punishment of misdemeanors, gross misdemeanors, and felonies defined in Title 9A RCW, see RCW 9A.20.010 and 9A.20.021. Note that the performance of an act prohibited by statute for which there is no specified penalty is a misdemeanor. RCW 9A.20.010(2). For the classification of crimes based on punishment, see RCW 9A.04.040.
Examples:
A person violating this (section/chapter) is guilty of a misdemeanor and is subject to the penalties in RCW .
A violation of or a failure to comply with this (section/chapter) is a misdemeanor. Each day upon which a violation occurs constitutes a separate violation. A person violating this (section/chapter) may be enjoined from continuing the violation.
A person violating this (section/chapter) is guilty of a misdemeanor.
A person convicted of negligent homicide by means of a motor vehicle shall be punished by imprisonment in the state penitentiary for not more than twenty years, or by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars, or by both fine and imprisonment. (Based on original from 57 Wn.2d 295, 300 (1960) (citing then - RCW 46.56.040).)
The following form should be used only within sections codified in Title 9A RCW:
(Name of crime) is a class (A/B/C) felony.
If the penalties of a classified felony are to be applied to a criminal act that is defined outside Title 9A RCW, the following form should be used because it incorporates the specific sentences authorized for the various classified felonies under Title 9A RCW.
A violation of this (section/chapter) is punishable as a class C felony according to chapter 9A.20 RCW.
Other alternative penalties apparently approved In re Olsen v. Delmore, 48 Wn.2d 545 (1956):
Alternative penitentiary or county jail imprisonment: RCW 9.02.010.
Alternative penitentiary imprisonment or fine: RCW 9.02.020 and 9.05.020.
The penalties under In re Olsen v. Delmore seem to have been sanctioned on the ground that the crimes described are felonies prescribing alternative punishments.
Held unconstitutional (5 to 4 decision) was the following:
A violation of any preceding provision of this chapter is punishable by a fine of not more than five hundred dollars or imprisonment in the county jail for not more than one year or both, or by imprisonment in the penitentiary for not less than one year nor more than ten years.
The court said that the section violates the equal protection clause of the Constitution in that it "purports to authorize prosecuting officials to charge violations of the uniform firearms act either as a gross misdemeanor or as a felony." In re Olsen v. Delmore, 48 Wn.2d 545 (1956).
See also State v. Reid, 66 Wn.2d 243 (1965); State v. Saylors, 70 Wn.2d 7 (1966); State v. Blanchey, 75 Wn.2d 926 (1969); and State v. Ensminger, 77 Wn.2d 535 (1970).
Motor vehicle criminal penalties
To impose a misdemeanor or greater criminal penalty, rather than an infraction, on a motor vehicle offense within Title 46 RCW, it is necessary to amend RCW 46.63.020. That section specifies those offenses that are subject to processing as crimes instead of as noncriminal traffic offenses. State v. Taylor, 97 Wn.2d 724 (1982).
Sentencing
An act that alters a sentencing scheme should include a clause that indicates at what point in time a person is subject to the new scheme. Examples:
(i) This act applies to crimes committed on or after July 1, 2007.
(ii) Sections 601 through 605 of this act, for purposes of sentencing adult or juvenile offenders, take effect July 1, 2007, and apply to crimes or offenses committed on or after July 1, 2007.
(r) Prospective or retroactive effect clauses. A statute is given prospective effect only, unless the statute indicates that it is to be applied retroactively. If it is intended that a bill should be applied retroactively, a section of the bill should clearly express that intent. The court is reluctant to imply retroactive application. Everett v. State of Washington, 99 Wn.2d 264 (1983).
Occasionally a court will apply a statute retroactively even though it contains no provision directing such an application. This is most often true with statutes relating to practice, procedure, and remedies. See Godfrey v. State, 84 Wn.2d 959 (1975). In that case, the newly enacted comparative negligence statute was applied to law suits that were commenced after the statute's effective date but whose operative facts occurred earlier; that is, the accident or other cause of the dispute happened before the statute took effect.
Litigation to determine the retroactive effect of the statute might not have been necessary had clear direction as to its application been included in the bill. The drafter could have indicated a retroactive effect by including another section as follows:
NEW SECTION.Sec. 4. This act applies to all causes of action commenced on or after the effective date of this section, regardless of when the cause of action arose. To this extent, this act applies retroactively, but in all other respects it applies prospectively.
A prospective application may be indicated as follows:
NEW SECTION.Sec. 4. This act applies prospectively only and not retroactively. It applies only to causes of action that arise (if change is substantive) or that are commenced (if change is procedural) on or after the effective date of this section.
Clarification of intent can avoid a lawsuit. If there is doubt on the question of prospective or retroactive application, the drafter should spell out what is intended.
(s) Public disclosure. For exemptions from public disclosure of certain personal and other records, see chapter 42.56 RCW, generally.
(t) Recodification clause. In some situations it may be desirable to move an RCW section from one chapter to another. Because of the various problems that can arise, the requester should consult with someone familiar with the codification process. Example:
RCW 41.33.010, 41.33.020, and 41.33.030 are each recodified as sections in chapter 41.32 RCW.
If an RCW section is recodified in an act and also referenced in amendatory or new sections within the act, internal reference cites must be followed by "(as recodified by this act)."
If a section is both amended and recodified in an act, it will be noted in the title as being amended and recodified and as adding a new section to the chapter into which it is recodified.
(u) Referendum clauses.
(i) Referral under initiative and referendum provisions (Article II of the state Constitution):
The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation.
(ii) Referral required because of constitutional debt limitation (Article VIII of the state Constitution):
The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article VIII, section 3 of the state Constitution and the laws adopted to facilitate its operation.
(iii) Referral under RCW 43.135.035 for exceeding the expenditure limit under Initiative 601 (see chapter 43.135 RCW):
The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with RCW 43.135.035.
(iv) Article II, section 1(b) of the state Constitution provides that a referendum "may be ordered on any act, bill, law, or any part thereof passed by the legislature, except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing institutions, either by petition signed by the required percentage of legal voters, or by the legislature as other bills are enacted." (Emphasis added.) For a discussion of a referendum on less than an entire act, see State ex rel. Pennock v. Coe, 42 Wn.2d 569 (1953). An example may be found in Referendum Measure No. 39, 1977 Official Voters Pamphlet. For a discussion of emergency clauses, see (j) and (k) of this subsection.
A bill referred to the people by petition is designated a "referendum measure." A bill referred to the people by the legislature is designated a "referendum bill." In the latter case, the legislature may prescribe the ballot title. See RCW 29A.72.040 and 29A.72.050.
(v) Savings clauses. The general rule is that repealing acts terminate all rights dependent upon the repealed statute and all proceedings based upon it. Lau v. Nelson, 89 Wn.2d 772 (1978). An amendatory act constitutes a repeal of the amended act to the extent the two acts are inconsistent. To preserve existing rights and obligations, a savings clause should be used, especially if the statute could be applied retroactively. Seattle-King County Council of Camp Fire v. Dept. of Revenue, 105 Wn.2d 55 (1985). Note that RCW 10.01.040 presumes a savings clause in the case of the express or implied repeal of a criminal offense, penalty, or forfeiture. Examples:
(i) This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.
(ii) (Sections through of this act/this chapter) do/does not terminate or modify any civil or criminal liability that exists on the effective date of this section/act.
(iii) (Sections through of this act/this chapter/this section) are/is cumulative and nonexclusive and do/does not affect any other remedy.
(iv) This act does not repeal, amend, or modify any law providing for water supply for any city or town but is an additional and concurrent method providing for this purpose.
(v) NEW SECTION.Sec. 99. The following acts or parts of acts are each repealed:
(1) RCW 3.20.130 (Venue, criminal actions--Justice of the peace districts) and 1951 c 156 s 16; and
(2) RCW 3.20.131 (Venue in criminal actions) and 1953 c 206 s 4.
NEW SECTION.Sec. 100. The repeals in section 99 of this act do not affect any existing right acquired or liability or obligation incurred under the statutes repealed or under any rule or order adopted under those statutes nor do they affect any proceeding instituted under them.
(w) Severability clauses.
(i) State version.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
"An act of the legislature is not unconstitutional in its entirety because one or more of its provisions are unconstitutional unless the invalid provisions are unseverable and it cannot reasonably be believed that the legislature would have passed the one without the other, or unless the elimination of the invalid part would render the remainder of the act incapable of accomplishing the legislative purpose." State v. Anderson, 81 Wn.2d 234, 236 (1972). A severability clause is viewed by the court as a persuasive indication of legislative intent offering ". . . to the courts the necessary assurance that the remaining provisions would have been enacted without the portions which are contrary to the Constitution." Id. at 236.
(ii) Federal version.
(A) If the drafter anticipates the receipt of federal funds under the act, the use of a "federal severability" clause may be desirable:
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
Other examples are RCW 43.88.220, 74.29.055, and 74.42.630.
Substantially similar language was held valid against a challenge that it unlawfully delegates legislative power to the federal government. The court held that the delegation was proper and that there was no attempt to adopt or incorporate future changes in federal statutes or regulations. Yelle v. Bishop, 55 Wn.2d 286, 303 (1959). See discussions of incorporation and delegation in subsection (11)(f) and (h) of this part.
(B) If federal unemployment tax credits are involved, the drafter may want to consider the following clause:
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and such finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
(iii) The invalidity of one portion of a legislative act has the effect of invalidating the remaining portions, despite the legislature's inclusion of a severability clause, if the purpose of the entire act would be overcome by severing the invalid portion. See Dep't of Fisheries v. DeWatto Fish Co., 34 Wn. App. 135 (1983).
(x) Short title.
This (act/chapter) may be known and cited as the dental appliances act.
Avoid including a year in the name of the act.
(y) Staggered terms. In creating new boards, committees, or other entities, staggered terms are often used for the initial appointments to create a changing membering throughout the life of the entity. Example:
The members shall serve five-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for five-year terms. Thereafter, members must be appointed for five-year terms.
(z) Sunset and termination clauses. The sunset process involves a review by the joint legislative audit and review committee and is intended to terminate an agency or program in a given year and repeal the underlying statutes in the next year.
If the drafter wishes the sunset review procedures under chapter 43.131 RCW to be used, the drafter should add two sections to chapter 43.131 RCW, one terminating the authority and one repealing all underlying statutes. The sunset act, chapter 43.131 RCW, is scheduled to expire June 30, 2015. See RCW 43.131.900.
The sunset process is not the same as a termination or an expiration. Do not use those terms synonymously.
The following is a suggested termination clause:
The (board, commission, etc.) terminates (date).
For a discussion of methods of expiring sections generally, see (l) of this subsection.
For more information on the sunset review process, go to the joint legislative audit and review committee's web site at /JLARC/study process/ and select the link entitled "What is a Sunset Review?"
(aa) Travel expenses -- Reimbursement. Elective and appointive state officials and state employees are entitled to a subsistence and lodging expense allowance under RCW 43.03.050 and a mileage allowance under RCW 43.03.060 while engaged in official business away from their designated posts of duty, but persons appointed to serve without compensation may receive the subsistence and lodging expense allowance under RCW 43.03.050 only if they are "entitled to payment of travel expenses." See RCW 41.04.300, 42.24.090, 43.03.050, 43.03.060, 43.03.220 through 43.03.265, and 44.04.120.
The following provision authorizing payment of these expenses is technically necessary only for uncompensated persons, but it is often used for both compensated and uncompensated persons:
Members of the (board, commission, etc.) shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
For travel allowances for officers and employees of political subdivisions, see RCW 42.24.090. The compensation for members of different types of part-time boards and commissions is set forth in RCW 43.03.220 through 43.03.265.
If an additional amount of money is intended as compensation per day as compensation, it should be stated separately as a rate per day or otherwise.
If the bill provides for legislators to be members of the entity being created, the bill should distinguish the legislators from the nonlegislators. Legislators on official business are entitled to reimbursement for travel expenses under RCW 44.04.120. Note that Article II, section 13 of the state Constitution provides:
No member of the legislature, during the term for which he is elected, shall be appointed or elected to any civil office in the state, which shall have been created during the term for which he was elected. Any member of the legislature who is appointed or elected to any civil office in the state, the emoluments of which have been increased during his legislative term of office, shall be compensated for the initial term of the civil office at the level designated prior to the increase in emoluments.
For a discussion of the term "civil office" and the extent of the ineligibility, see Oceanographic Commission v. O'Brien, 74 Wn.2d 904 (1968). Generally, a legislator is ineligible to serve as a voting member of a policy-making board, as opposed to an advisory board, during the legislator's term of office if the position on the board was created during that term. The ineligibility may be avoided by postponing the legislator's appointment, or the member's authority to vote, until after the expiration of the legislator's term of office.
(11) GENERAL DRAFTING PRINCIPLES
(a) Length of sections. In creating new legislation, divide the material into short, concise sections. Short sections facilitate future amendment. As a rule of thumb, if the content of a section cannot be described in a one-line caption, the section should be divided into two or more sections. Short sentences are likewise preferable. Designation of sections has implications for vetoes. See Washington State Legislature v. Lowry, 131 Wn.2d 309 (1997).
(b) Internal references in a bill. In referring to other parts of a bill, the drafter should refer to specific sections. Avoid references such as "herein," "hereinbefore," "hereinafter," "preceding," "above," and "following," since these references are ambiguous, and the relative position of the material referred to may be changed by legislative amendment of the bill or may subsequently be changed in codification.
Avoid through references. New sections might be placed within the beginning and ending references that may be contrary to the intent of the through reference citation.
Keep the reference as concise as possible, as in "under section 21(2)(b) of this act," not "subparagraph (b) of subsection (2) of section 21 of this act." See Part IV (5)(b) of this gui |