Department of Legislative Services

Drafting Manual




INTRODUCTION

	I. The Law and the Power of the General Assembly
		1. The Law and Where It Is Found
		2. Power of the General Assembly to Legislate

	II. The Legislative Process (How a Bill Becomes Law)
		1. In General
		2. House of Origin
		3. Opposite House

	III. Overview of the Bill Drafting Process
		1. Bill Requests
		2. The Bill Drafting Process - In General
		3. Bill Preparation
			(A) Online Drafting
			(B) Cut and Paste: Drafting the "Old-Fashioned Way"
			(C) Review of Draft
		4. Computer Processing of Drafted Bills
		5. Delivery of Introductory Bills
		6. Computerized Bill Status Information

	IV. General Considerations for Drafting
		1. Source Materials for Bills
			(A) General Resource Materials
			(B) Online Database Research Capability
			(C) Uniform and Model Laws
			(D) Other Resources
		2. Style
			(A) General Considerations
			(B) Code Revision Committee
		3. Drafting Defects Resulting in Vetoes
			(A) Defective Titles
				1. Incorrect Description of Subject Matter or Effect
				2. Title Too Narrow
			(B) Unconstitutional Subject Matter
				1. Vagueness
				2. Equal Protection Guarantee
				3. Nonuniformity of Taxation
				4. Improper Delegation of Authority
				5. Extra Compensation for Past Services
				6. Holding Two Offices of Profit
				7. Separation of Powers
				8. Improper Enactment of Local Legislation
				9. "One Subject" Rule
				10. Miscellaneous Constitutional Violations

	V. The Title of a Bill
		1. Legal Requirements
		2. Forms of Titles
		3. The Short Title
		4. The Purpose Paragraph
		5. The Function Paragraph
			(A) The Function Line
			(B) The Article Line
			(C) The Section Line
			(D) The Volume and Supplement Citation Line
		6. Forms of Function Paragraphs - In General
			(A) Repeal and Reenact, With Amendments
			(B) Total Repeal of a Section or Other Portion of the Code
			(C) Adding Material to the Code
			(D) Repeal of a Section and Enactment of a New Section to Replace It
			(E) Renumbering
			(F) Transferring
			(G) Repeal and Reenact, Without Amendments
			(H) Renaming
			(I) Repeal and Reenact, With Amendments, a Section Previously Amended
			(J) Amending Code Section Incorrectly Codified by the Publisher
			(K) Amending Code Section With a Delayed Effective Date
			(L) Amending Code Section That is Subject to a Contingency or is Reversionary Text
		7. Special Title Requirements
			(A) Bills Drafted to Proposed Revised Articles
			(B) Constitutional Amendments
				(1) In General
				(2) Adding a New Section to the Constitution
				(3) Altering or Adding to the Declaration of Rights
				(4) Withdrawing, Recalling, and Repealing a Constitutional Amendment
			(C) Public Local Laws
				(1) Repeal and Reenact, With Amendments
				(2) Adding a New Section or Subsection or Repealing a Section or Subsection
			(D) Bills Amending Municipal Charters
				(1) Amending Municipal Charter to Grant Urban Renewal Power
				(2) Amending Municipal Charter to Fix Tax Rates for Municipalities
				(3) Amending Municipal Charter to Regulate Maximum Debt Created by Municipalities
				(4) Baltimore City Charter Amendment
			(E) Uncodified Acts - In General
				(1) Uncodified Acts of Short-Term Duration - Examples
				(2) State Budget and State Debt
				(3) County Bond Issues
				(4) Baltimore City Bond Issues
			(F) Amending an Uncodified Act or Provision
			(G) Interstate Compacts
		8. Model Titles - Examples

	VI. The Body of a Bill
		1. Enacting Clauses
			(A) Renumbering
			(B) Transferring
			(C) Renaming Article
			(D) Short Repealer
		2. Bill Text
		3. Special Sections

	VII. The Codification of Bills
		1. Annotated Code Numbering - In General
		2. Black Volumes - Unrevised Code
		3. Black Volumes - Decimal and Hyphenated Numbering
		4. Red Volumes - Revised Articles
		5. Subdivision of Sections
		6. Edition of Code
			(A) Annotated Code
			(B) Local Codes

	VIII. Uncodified Acts
		1. Drafting Uncodified Acts
		2. Amending Previously Enacted Uncodified Provisions

	IX. Resolutions
		1. In General
		2. Joint Resolutions
			(A) Title
			(B) "Whereas" Clauses
			(C) "Resolved" Clauses
			(D) Standard Form for Requesting Establishment of a Committee, Commission, or Task Force
		3. Simple Resolutions
		4. Resolutions

	X. Special Sections
		1. Severability Clause and Nonseverability Clause
		2. Repeal of Inconsistent Laws
		3. Applicability
			(A) Prospective Effect
			(B) Retroactive Effect
			(C) Grandfather Clause
		4. Salary Increase Not to Affect Incumbent
		5. Supplemental Powers
		6. Impairment of Rights or Contracts
		7. Constitutional Amendments and Referendum
		8. Constitutional Contingency Clauses
		9. Local Referendum Provision
		10. Local Referendum Contingency
		11. Contingent Bills
		12. Hold Harmless Clause
		13. "More Stringent" Provisions
		14. Staggered Terms of Office
		15. Statement of Legislative Intent
		16. Miscellaneous Special Sections
			(A) Legislative Mandate
			(B) Reporting Requirements
			(C) Government Reorganization
		17. Effective Dates
			(A) In General
			(B) Standard Effective Dates
			(C) June 1 Effective Date
			(D) Delayed Effective Date
			(E) Emergency Effective Date
			(F) Effective Date for Use With Referendum Clause
			(G) Effective Date Subject to a Contingency
			(H) Effective Date With Termination Proviso (Sunset)
			(I) Adding New Material to Provisions of Limited Duration
			(J) Effective Date Subject to Concurrence (Interstate Compacts)
			(K) Multiple Effective Dates
			(L) Double Drafting

	XI. Miscellaneous
		1. File Codes
		2. Prior Introductions
		3. Cross-Filed Bills
		4. Straw Ballots
		5. Preambles in Bills
		6. Administrative Law Considerations
			(A) Regulations
			(B) "Sunset Law"
			(C) Civil Penalties
		7. Bills Creating Special Funds
		8. Criminal Penalties and Sentencing
			(A) Mandatory Minimum Sentences
			(B) Eligibility for Parole
			(C) Concurrent and Consecutive Sentences
			(D) Place of Imprisonment
		9. Bill Synopses
		10. Mandatory Funding Provisions
		11. Establishing a Task Force

	XII. Code Revision

	XIII. Amendments to Bills and Other Documents
		1. Background
			(A) Floor Amendments
			(B) Standing Committee Amendments
			(C) County Delegation and Select Committee Amendments
		2. Preparation of Amendments
			(A) In General
			(B) Determination of the Sponsor of the Amendments
			(C) Determination of the Place and Time That the Amendments Will Be Offered
			(D) Determination of the Status of the Document to be Amended
				(1) Status of a Bill
				(2) Printings of a Bill
				(3) Second Printing of a Bill
				(4) Status of an Amendment
				(5) Amendment Headings
			(E) Amendment Drafting Forms and Online Drafting
		3. Amendments to Bills - Substantive Aspects
			(A) Checking the Title After Drafting a Change to Body of a Bill
			(B) Maintenance of the "One-Subject" Requirement of the Constitution
		4. Amendments to Bills - Technical Aspects
			(A) Application of the Rules of Bill Drafting
			(B) Line References
			(C) Flow of Bill
			(D) Initial Directional Language
			(E) Other Directional Language
			(F) Quotation Marks
			(G) "Strike" vs. Use of Brackets
			(H) "Strike" vs. "Delete"
			(I) Location of Insertions
			(J) Punctuation
			(K) Repetitive Words - Reference in Amendment
			(L) Single Amendments
			(M) One-Page Bills
		5. Types of Amendments
			(A) Amendment to Insert Material After a Line of Text
			(B) Amendment to Strike a Long Sentence
			(C) Amendment to Substantially Rewrite a Bill
			(D) Amendment to Add Uncodified Language to a Bill
			(E) Amendment to Insert Existing Section of Codified Law into a Bill
			(F) Amendment to Return to the Law Words in a Bill Proposed for Repeal
			(G) Amendment to Propose the Repeal of Existing Law in a Bill
			(H) Amendment to Make Multiple but Identical Changes
			(I) Amendment to Make Multiple but Different Changes
			(J) Amendment to Change Sponsorship of a Bill
			(K) Amendment to Make a Bill an Emergency Measure
		6. Amendments to Amendments
			(A) Order of Amendments to Amendments
			(B) Striking Language in an Adopted Amendment
			(C) Directional Language and Heading
			(D) Identifier Number
			(E) Counting Lines
			(F) Examples of Amendments to Amendments
		7. Amendments to a Joint Resolution
		8. Administrative Preparation of Amendments
			(A) Amendment Office Staff
			(B) Recording of Requests
			(C) Review
			(D) Proofreading; Stamps of Approval
			(E) Copying of Amendments
			(F) Delivery of Amendments
				(1) Floor Amendments in the Senate
				(2) Floor Amendments in the House of Delegates
				(3) Committee Amendments
			(G) File Copies of Bills and Amendments
			(H) Confidentiality of Files
		9. Miscellaneous
			(A) Change in Rules of Either House
			(B) Petition of Bill from Committee
			(C) New Position Added for Session
			(D) Conference Committee Reports
			(E) Amendments to the Annual Operating and Capital Budget Bills

	Appendix
		Sample Code Section HTML PDF
		Sample Request Form HTML PDF
		Sample Note Sheet HTML PDF
		Sample Review Copy (Online Drafting) HTML PDF
		Sample Bill Order HTML PDF
		Sample Bill Draft (Cut and Paste) HTML PDF
		Sample Daily Synopsis HTML PDF
		Code References in the Synopsis HTML PDF
		Sample Review Checklist HTML PDF
		Sample LR HTML PDF
		Sample First Reading File Bill HTML PDF
		Sample Amendment Order Form HTML PDF
		Sample Amendment HTML PDF
		File Codes HTML ©2009 Department of Legislative Services PDF

	Bibliography

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Department of Legislative Services
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Annapolis, Maryland 21401-1991

INTRODUCTION