Form and Style Manual for Legislative Measures, Which Has Been Adopted by Reference in the Rules of Both Chambers
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BILLS ENACTING EASURES CITAT O R E G O N L E G I S L A T I V E A S S E M B L Y AMENDForm and ORDER Style Manual for Legislative REPEALMeasures EXPEN PROVISIONS RE 2019-2020 Edition REFERENDUM J MEMORIALS RE PREFACE The Oregon Legislative Assembly follows a uniform system of form and style for legislative measures. This system is not set forth in full in the rules of either chamber; rather, it is set forth in this Form and Style Manual for Legislative Measures, which has been adopted by reference in the rules of both chambers. Because this manual is incorporated into the chamber rules, it is sometimes subject to rule interpretation by the chamber parliamentarians.* The Oregon Rules of Civil Procedure, as promulgated by the Council on Court Procedures, and adopted by the Legislative Assembly in 1979 and 1981 and subsequently amended, do not conform to this uniform system of form and style. This Form and Style Manual for Legislative Measures obviously cannot cover every situation. For form and style questions not covered by this manual, contact the Office of the Legislative Counsel at (503) 986-1243. *SENATE RULE 13.01. (3) Immediately after presentation to the Secretary of the Senate, the measure shall be sent to Legislative Counsel for examination and compliance with the “Form and Style Manual for Legislative Measures” and preparation of a copy for the State Printer. No corrections that might affect the substance of the measure shall be made without the consent of the sponsor of the measure. SENATE RULE 8.50. (3) All committee reports shall be filed in a manner prescribed by the Secretary of the Senate. Reports which are not in the proper form and style may be returned to the committee or corrected by the Secretary of the Senate and the President or their designees. Any substantive changes must be approved by the committee. HOUSE RULE 12.20. (2) Immediately after presentation to the Desk, the measure shall be assigned a measure number and sent by the Chief Clerk to the Publication Services unit of the Legislative Counsel for examination and any corrections as to accuracy of form and style to conform substantially to the Form and Style Manual for Legislative Measures and preparation of a copy for the State Printer. No corrections that might affect the substance of the measure shall be made without the consent of the sponsor of the measure. HOUSE RULE 9.05. After it is submitted to the Desk, every committee report recommending amendments to a measure shall be sent by the Chief Clerk to the Publication Services unit of the Legislative Counsel for examination in the same manner as bills are examined by the unit. The shaded text in this 2019-2020 edition of the Form and Style Manual for Legislative Measures is explanatory material that is of particular interest to the staff of the Office of the Legislative Counsel. It is technical in nature and includes specific guidelines for legislative drafting and copyediting. Form and Style Manual for Legislative Measures i 2019-2020 Edition Form and Style Manual for Legislative Measures Published by the Legislative Administration Committee 2018, 2016, 2014, 2012, 2010, 2008, 2006, 2004, 2001, 1999, 1997, 1994, 1992, 1990, 1986, 1982, 1980, 1978, 1976 and 1973 Published by the Joint Committee on Legislative Administration 1971 Published by the Oregon Legislative Assembly 1963, 1965 and 1969 (Special Session Appendix, November 1963) Formerly SCR 1 (1927, 1929, 1933 and 1935 special session) SCR 2 (1933 special session and second special session, 1935, 1937, 1941, 1945, 1947, 1949, 1951, 1953, 1955, 1957, 1959 and 1961) SCR 3 (1931, 1939) HCR 2 (1943) Form and Style Manual for Legislative Measures ii 2019-2020 Edition CONTENTS Page Chapter 1 LEGISLATIVE STYLE 1 Chapter 2 TYPES AND PURPOSES OF LEGISLATIVE MEASURES 19 Chapter 3 BILLS 21 Chapter 4 RESOLUTIONS AND MEMORIALS 57 Chapter 5 AMENDING THE OREGON CONSTITUTION 65 Chapter 6 AMENDMENTS TO MEASURES 73 Chapter 7 INTRODUCTION OF LEGISLATIVE MEASURES 87 Chapter 8 MEASURE SUMMARIES 91 Appendix A CONFLICTS 97 Appendix B SPECIAL SESSION ADJUSTMENTS 99 Appendix C INITIATIVE MEASURES 103 Appendix D PROPOSING AND RATIFYING AMENDMENTS 105 TO THE UNITED STATES CONSTITUTION Appendix E SETTING FORTH AND AMENDING UNCODIFIED 107 SECTIONS OF SESSION LAW Appendix F SETTING FORTH AND AMENDING SECTIONS OF 109 CURRENT SESSION BILLS Appendix G SERIES AND ADDING 111 Appendix H APPROPRIATION (BUDGET) BILLS 115 Appendix I PROPOSED CONSTITUTIONAL REVISIONS 117 Appendix J SENATE COMMEMORATIONS 121 Appendix K OREGON RULES OF CIVIL PROCEDURE (ORCP) 123 Appendix L OREGON ADMINISTRATIVE RULES (OARS) 127 Appendix M EXPLANATORY STATEMENTS 129 Appendix N BALLOT TITLES, ESTIMATES OF FINANCIAL IMPACT 133 AND EXPLANATORY STATEMENTS Appendix O INTERIM COMMITTEES AND TASK FORCES 137 Glossary 151 Index 157 Form and Style Manual for Legislative Measures iii 2019-2020 Edition Form and Style Manual for Legislative Measures iv 2019-2020 Edition CHAPTER 1: LEGISLATIVE STYLE PART I: SPELLING, PUNCTUATION, Spelling in Cyberspace. Use these spellings for computing and tele- FIGURES AND OTHER FORM AND communications terms in Oregon statutes: STYLE CONVENTIONS bandwidth facsimile TYPOGRAPHY cellular telephone (not fax or FAX) Lightfaced, roman type in the body of a bill (not cell phone) file name or joint resolution indicates existing database home page statutory or constitutional law. Sections of disc (for compact Internet new law are in boldfaced type. In a section discs, etc.) online (adj, adv) of existing law that is being amended, disk (for hard drives) voice mail electronic commerce webpage [brackets and italic] type indicate material (not e-commerce) website being deleted and boldfaced type indicates electronic mail World Wide Web material being inserted. Do not italicize (not e-mail) foreign or Latin words; reserve italics for deletions from existing law. Plurals. For nouns with both English and foreign endings, the English ending is GRAMMAR AND SENTENCE preferred. However, the following nouns STRUCTURE use Latin endings in Oregon statutes: Follow the recognized rules of English Singular Latin Plural grammar and sentence structure. Article IV, biennium biennia section 21, of the Oregon Constitution, curriculum curricula requires that legislative measures be memorandum memoranda “plainly worded, avoiding as far as referendum referenda practicable the use of technical terms.” Short, simple sentences are most effective. Words With Similar Spellings. The meanings of certain words with similar SPELLING spellings are frequently confused: Refer questions about spelling, usage and the compounding or dividing of words to • Affect and effect are each used as nouns Merriam-Webster’s Collegiate Dictionary and verbs. Affect is commonly used as a (10th Edition) and Webster’s Third New verb that means to act upon, to change or International Dictionary, Unabridged. Use to influence a person or thing. the first spelling listed unless this manual • Effect is commonly used as a noun that prescribes a required spelling or another means a consequence, outcome or result. exception results from statutory usage. The noun affect is rarely used outside the Required Spellings. Extensive usage in field of psychology. The verb effect Oregon’s statutes requires these spellings: means to accomplish or to bring about. attorney fees right of way • Appellant means the party who is boldfaced (adj) rights of way appealing a decision by a lower court, driver license rulemaking while appellate describes the court having ground water (n, adj) up to date (adv) jurisdiction to review decisions of a lower hotline up-to-date (adj) court. insanitary X-ray (n, v, adj) • Biennially means once every two years, rescission while biannually means twice a year. Chapter 1: Legislative Style 1 2019-2020 Edition • Capitol means the statehouse, while • Prescribe means to establish authoritative capital means the city that serves as the rules, while proscribe means to prohibit seat of government. or forbid. • Compose means to form; comprise • Stationery means paper and envelopes means to consist of. The parts compose used for letter writing, while stationary the whole; the whole comprises the parts. means immobile. • Continually connotes frequent recur- • Therefore indicates a conclusion, while rence during a period; continuously therefor indicates in place of, in return for means without interruption. or because of. • Disburse means to pay out, while SPECIAL CONNOTATIONS disperse means to cause to break up or “To” means “to and including” when used spread out. in a series of statutory sections or subunits, • Endorse, in Oregon’s statutory law, such as “ORS 431.705 to 431.760,” means to approve, to add a notation to a “sections 5 to 7 of this 2019 Act” or document or to publicly express support, “subsections (1) to (8) of this section.” while indorse means to sign or to place a “Person” includes individuals, corporations, signature on a negotiable instrument or to associations, firms, partnerships, limited amend an insurance policy by adding or liability companies and joint stock subtracting a type of coverage. companies. • Ensure means to guarantee, while assure See ORS 174.100 for definitions generally means to offer a guarantee to a person. applicable to Oregon statutes. Use insure only when referring to insurance. HYPHENATION Use of Hyphens. Do not use hyphens after • Farther indicates distance; further the prefixes co, de, inter, intra, multi, non, indicates time, quantity or degree. pre, pro, re, semi, sub or un (copayment, • Forego means to precede, while forgo decentralize, interagency, intrastate, means to do without. multistate, nonzoned, preempt, proactive, reclassification, semiannual, subparagraph, • Moneys means sums of money, while undocumented), unless the prefix precedes money means currency. a capitalized word or a number (inter- • Payer and payor mean the individual or American, pre-2015) or creates a double entity that pays a bill or note. The voiced vowel (co-owner).