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Legislative Drafting Manual 2015

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Legislative Drafting Manual 2015 Legislative Drafting Manual DEPARTMENT OF LEGISLATIVE SERVICES 2015 Legislative Drafting Manual 2015 Department of Legislative Services Office of Policy Analysis Annapolis, Maryland September 2014 For further information concerning this document contact: Library and Information Services Office of Policy Analysis Department of Legislative Services 90 State Circle Annapolis, Maryland 21401 Baltimore Area: (410-946-5400) Washington Area: (301-970-5400) Other Areas: (1-800-492-7122) TTY: (410-946-5401) (301-970-5401) TTY users may also call the Maryland Relay Serice to contact the General Assembly. E-mail: [email protected] Home Page: http://mgaleg.maryland.gov The Department of Legislative Services does not discriminate on the basis of age, ancestry, color, creed, marital status, national origin, race, religion, gender, sexual orientation, or disability in the admission or access to its programs, services, or activities. The Department's Information Officer has been designated to coordinate compliance with the nondiscrimination requirements contained in Section 35.107 of the Department of Justice Regulations. Requests for assistance should be directed to the Information Officer at the telephone numbers shown above. ii Introduction The Legislative Drafting Manual is published each year by the Department of Legislative Services to assist those involved in the drafting of bills and amendments for the Maryland General Assembly. It also is available online on the department’s website (http://dls.state.md.us/). The manual is intended to serve as a teaching text for those new to legislative drafting, a ready reference guide for veteran legislative staff, and a source of useful information on legislative drafting and process for the general public. The fundamental goal of the manual is to ensure accuracy, clarity, and uniformity in the drafting of legislation in Maryland by promoting compliance with constitutional principles, rules of law and statutory interpretation, and accepted practices regarding style, form, and process. In an effort to enhance its utility, the 2015 Legislative Drafting Manual has been edited to delete obsolete references, clarify explanations, and provide more useful examples. In addition, the appendix of the manual incorporates examples and sample forms and the sources section lists additional sources of information on Maryland government and history, the legislative process, and legislative drafting. Readers are encouraged to use this manual in conjunction with the Maryland Style Manual for Statutory Law, available from the Department of Legislative Services. Comments and suggestions directed at improving future editions of the Legislative Drafting Manual are welcome. iii iv I will venture to affirm, that what is commonly called the technical part of legislation, is incomparably more difficult than what may be styled the ethical. In other words, it is far easier to conceive justly what would be useful law, than so to construct that same law that it may accomplish the design of the lawgiver. – John Austin, Jurisprudence v vi Contents Introduction .............................................................................................................. iii Chapter 1. The Law and the Power of the General Assembly ......................... 1 The Law and Where It Is Found .............................................................................. 1 Power of the General Assembly to Legislate ........................................................... 2 Statewide ............................................................................................................. 2 Local Governments ............................................................................................. 2 Commission (Nonhome Rule) Counties .............................................................. 2 Charter (Home Rule) Counties ........................................................................... 2 City of Baltimore ................................................................................................. 3 Code (Home Rule) Counties ................................................................................ 3 Bicounty and Multicounty Entities .................................................................... 3 Municipal Corporations ...................................................................................... 4 Conflict between Statewide and Local Law ....................................................... 4 Chapter 2. The Legislative Process (How a Bill Becomes Law) ..................... 5 In General ................................................................................................................. 5 House of Origin ......................................................................................................... 5 First Reading ....................................................................................................... 5 Second Reading ................................................................................................... 5 Committee Reprints ............................................................................................ 6 vii viii Legislative Drafting Manual – 2015 Third Reading ..................................................................................................... 6 Bill As Printed for Third Reading ...................................................................... 7 Opposite House ......................................................................................................... 7 First Reading ....................................................................................................... 7 Second Reading ................................................................................................... 7 Third Reading ..................................................................................................... 8 Concurrence Votes and Conference Committees ............................................... 8 Enrollment and Recall ........................................................................................ 8 Special Sessions ........................................................................................................ 9 Chapter 3. Overview of the Bill Drafting Process ........................................... 11 Bill Requests ........................................................................................................... 11 The Bill Drafting Process ....................................................................................... 12 In General.......................................................................................................... 12 Determining the Sponsor’s Intent .................................................................... 13 Researching the Existing Law .......................................................................... 14 Developing an Outline ...................................................................................... 14 Preparing a First Draft ..................................................................................... 14 Revising (And Revising Again!) ........................................................................ 15 Submitting the Draft Bill for Review ............................................................... 15 Bill Preparation ...................................................................................................... 16 Online Drafting ................................................................................................. 16 Cut and Paste: Drafting the “Old-fashioned Way” ......................................... 16 Contents ix Review of Draft.................................................................................................. 17 Computer Processing of Draft Bills ....................................................................... 18 Delivery of Draft Bills for Introduction ................................................................. 19 Computerized Bill Status Information .................................................................. 20 Chapter 4. General Considerations for Drafting ............................................. 21 Source Materials for Bills ...................................................................................... 21 General Resource Materials ............................................................................. 22 Online Database Research Capability ............................................................. 23 Uniform and Model Laws ................................................................................. 23 Other Resources ................................................................................................ 24 Style ........................................................................................................................ 24 General Considerations .................................................................................... 24 Code Revision Committee ................................................................................. 25 Drafting Defects Resulting in Vetoes .................................................................... 25 In General.......................................................................................................... 25 Defective Titles .................................................................................................. 26 Incorrect Description of Subject Matter or Effect .....................................
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