3. NUMBERING OF SECTIONS

Transcription

1 Wisconsin Bill Drafting Manual NUMBERING OF SECTIONS.0 SYSTEM OF NUMBERING. Statutory chapters are divided into subchapters, sections, subsections, paragraphs, and subdivisions. () Sections. The decimal system is used to number sections of the statutes:.0 means ch., s. 0. Note that the decimal 0.0 is greater than 0.0 and less than 0.0, so 0.0 is inserted between 0.0 and 0.0. See s.. (), stats. () Subsections. Designate subsections by numerals enclosed in parentheses: (), (). If you insert a new subsection between two subsections of the statutes, add a letter of the alphabet within the parentheses to the right of the numeral: (m), to be inserted between subs. () and (). () Paragraphs. Designate paragraphs by letters of the alphabet enclosed in parentheses: (a), (b). If you insert a new paragraph between existing paragraphs, add another letter of the alphabet within the parentheses to the right of the first letter: (am), to be inserted between pars. (a) and (b). () Subdivisions. Designate subdivisions of paragraphs by plain numbers:.,. To insert a new subdivision between existing subdivisions, add a letter of the alphabet to the right of the numeral: m., to be inserted between subds.. and. () Further Division. Unless absolutely necessary, do not create units that are smaller than subdivisions. However, if it is necessary, do it with small letters: a., b. These units are always untitled and may not be further divided. Although the term has been deleted from the statutes, the units are informally called subdivision paragraphs. () Number or Letter Subunits. Number or letter each statutory subunit and indent the beginning of the subunit. () Allowance for Future Insertions. Always try to select numbering with a view to future additions. Much renumbering is caused by a lack of foresight in assigning original numbers to provisions. When numbering newly inserted sections, subsections, or paragraphs, allow for future insertions by, for example, using.0 rather than.0; (m) rather than (a); and (am) rather than (aa). NOTE: To leave the most space for future insertions under alphabetic numbering use the following letters: One insertion : M Two insertions: G R Three insertions: E M S Four insertions: D H P T Five insertions: C G N R W Six insertions: C G L P T X Seven insertions: B F K P S W Y Eight insertions: B E H L P R U Y For example, if you insert two new subsections between subs. () and (), number them subs. (g) and (r), except that, if the two new subsections are related and the future insertion of an unrelated sub-

2 .0 () Wisconsin Bill Drafting Manual 0 0 section between them would cause confusion, number them closer together, for example, subs. (m) and (p). () The LRB s Authority to Renumber Sections. Section. () (bm)., stats., authorizes the LRB to renumber any chapter or section of the statutes for revision. That provision also authorizes the LRB to correct a statutory reference to a renumbered chapter or section and to substitute the correct reference for a term such as the preceding section..0 RENUMBERING SECTIONS. () Check Cross References. Before deciding to renumber sections of the statutes, check for cross references because there may be sections affected by the renumbering. See sec..0 (m), Drafting Manual. () Limit Renumbering. Renumbering may obscure a measure, make amending more difficult, or impair the tracing of legislative history. Renumbering may result in ambiguity or error. It is also expensive because cross references, index entries, annotations, administrative rules, and such explanatory material as bulletins published by state agencies all must be changed. However, renumbering is useful: a) to provide space for a large quantity of new material; b) to locate old material near new material on the same subject; c) to relocate poorly located material that may be easily overlooked or the application of which may be questioned; d) to insert an initial item in a series to maintain a time sequence or alphabetical order; or e) to maintain outline format when you repeal or renumber all but one subunit of a statutory unit. Limit your renumbering. For example, if a section contains subsections () to () and you wish to repeal subsection () and create a subsection between subsections () and (), do not renumber the subsections. The alphanumeric subsection (m) and the missing subsection () alert readers that the section has been affected since its creation. () Renumbering Renumbers Lower Statutory Units. Renumbering a statutory unit to a lower order (for example, from section to subsection) or to a higher order (for example, from subsection to section) automatically renumbers any subunits contained within the renumbered unit. For example, if a section containing subsections () to () becomes a subsection, subsections () to () automatically become paragraphs (a) to (e) of the subsection. Do not draft a provision to reflect this renumbering. Do, however, change cross references to the renumbered provisions. Also, change any internal references to the units being renumbered. For example, if subsection () becomes paragraph (a), change any reference to this subsection to this paragraph. Renumbering an introduction [(intro.)] alone does not renumber the following subunits because the introduction does not contain the subunits. If you want, for example, to renumber an entire subsection that consists of paragraphs following an introduction, use an action phrase that renumbers the subsection, without mentioning the introduction. See sec..0 (), Drafting Manual, on renumbering a statutory unit while amending only parts of the unit. () Avoid Renumbering Certain Provisions. If possible, avoid renumbering a provision that has been widely cited in administrative or court cases or in legal periodicals. () Reusing Numbers. Do not reuse a statutory number that was assigned to a repealed or renumbered statute in the current edition of the statutes unless you recreate a repealed statute in substantially the same form that it takes in the current edition of the statutes; unless by repealing or renumbering you would leave only one subunit of a statutory unit; unless you renumber the first in a series of definitions to maintain alphabetical order; or unless you are consolidating, renumbering, and amending the provision..0 RENUMBERING AND AMENDING SECTIONS. () General Rules. (a) It is usually better to renumber and amend a statute than to repeal it and create another similar statute in a different location. Renumbering and amending makes the extent of the change clearer to readers and causes less difficulty in tracing the provision s history after enactment. When you renumber and amend a statute, you must check cross references, as provided in sec..0 (), Drafting Manual.

3 Wisconsin Bill Drafting Manual () (b) Sometimes you will need to renumber a sequence of statutory units that are part of the same section but amend only some of those units. For the budget bill, do this in separate bill sections instead of one bill section that renumbers the entire sequence but amends only part of the sequence. In other bills, you have the option of doing this in one or several bill sections. (c) Do not amend a statutory unit by dividing it to insert an entire new subsection, paragraph, or subdivision as underscored material in the amended unit. Amend the current unit by adding statutory numbers to make room for the new material, and then create the new material in a separate bill section. INCORRECT: SECTION.. () of the statutes is renumbered. () (a) (intro.) and. () (a) (intro.) Parent means a any of the following:. A biological parent; a.. A foster parent. CORRECT: SECTION.. () of the statutes is renumbered. () (a) (intro.) and. () (a) (intro.) Parent means a any of the following:. A biological parent; a. SECTION.. () (a). of the statutes is created to read:. () (a). A foster parent. (m) Renumber and Amend. Here is an example of part of a bill to renumber and amend four subsections and in the process divide them into five paragraphs: SECTION.. () to () of the statutes are renumbered. () (a), (b), (d), and (e) and. () (a) Every city may shall... (b) The board of park... by the public; and the. (c) The common council... (d) The city attorney, upon petition,... (e) Each member, other than a city employee serving in his or her official capacity,... () Renumber by Amending. Here is an example of part of a bill to amend a subdivision by dividing it into several subdivisions (note underscoring of new subdivision numbers): SECTION..0 () (c). of the statutes is.0 () (c). For the purposes of taxation.... Income derived from rentals.... Income derived from personal services, professions.... All other income, including royalties... () Renumber but Amend Only Parts. Here is an example of part of a bill to renumber several sections of the statutes but to amend only parts of some of the sections: SECTION.. of the statutes is renumbered.0, and.0 () (c) and (d), as renumbered, are.0 () (c)... (d)... SECTION.. of the statutes is renumbered.. SECTION..0 of the statutes is renumbered., and. (), as renumbered, is. ()... NOTE: Also see example.0 (), SECTIONS,, and. () Consolidate, Renumber, and Amend. Here is an example of part of a bill to consolidate two subsections of a statute and renumber and amend the consolidated subsections: SECTION. 0. () and () of the statutes are consolidated, renumbered 0. () and 0. () If a jury shall return returns to court and has reached a verdict, it shall announce its verdict. () If the jury returns to court and has not reached a verdict... NOTE: Also see example.0 (), SEC- TION.

4 .0 () Wisconsin Bill Drafting Manual 0 0 B E X A M P L E.0 () 0 0 LEGISLATURE LRB / BILL TITLE [SEE SEC..0] RELATING CLAUSE [SEE SEC..0 ()] AN ACT to repeal. (), 0.0 () (a), 0. () (x),.0 and. (); to renumber 0. () (h) and (x),. (),. and.0 (title); to renumber and amend. () and (), 0.0 () (c), (d) and (z),.,.,.0 () (L) and.0 (); to consolidate, renumber and amend.0 () and (); to amend 0.0 () (title) and (u) and.0 () (b); and to create.,. (title), 0., 0. () (b) m. and chapter 0 [precedes 0.00] of the A bill creating the organization and appropriation structure of a new department and establishing the salary range of the secretary. statutes; relating to: the creation of a Department of Business Development through the transfer of business related activities from the Departments of Agriculture, Trade and Consumer Protection; of Local Affairs and Development; and of Natural Resources, and making an appropriation. Analysis by the Legislative Reference Bureau This bill creates a Department of Business Development headed by a secretary who is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The bill transfers various economic development, tourism, advertising, and promotional functions to the new department from the Departments of Agriculture, Trade and Consumer Protection; Local Affairs and Development; and Natural Resources. The bill also transfers personnel and appropriations allocated to these functions to the new department. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. ANALYSIS [SEE SEC..0]

5 E X A M P L E.0 () 0 0 Legislature LRB / The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION.. of the statutes is created to read:. Department of business development; creation. There is created a department of business development under the direction and supervision of the secretary of business development. SECTION.. (title) of the statutes is created to read:. (title) Same; councils. SECTION.. () of the statutes is repealed. SECTION.. () of the statutes is renumbered. () and ENACTING CLAUSE [SEE SEC..0 ()]. () COUNCIL FOR ECONOMIC DEVELOPMENT. There is created in the department of local affairs and business development a council for economic development consisting of such number of members as the governor determines, appointed for year terms. BODY OF BILL [SEE SEC..0] SECTION.(0)0.00 () (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: E X A M P L E.0 () 0 0 Legislature LRB / SECTION Business development, department of () PROMOTION OF ECONOMIC DEVELOPMENT AND TOURISM (a) General program operations GPR A,00,000,00,000 SECTION. 0. of the statutes is created to read: 0. Business development, department of. There is appropriated to the department of business development for the following program: () PROMOTION OF ECONOMIC DEVELOPMENT AND TOURISM. (a) General program operations. The amounts in the schedule for the promotion of economic development and tourism under ch. 0. (m) Federal aid. All moneys received from the federal government for business development as authorized by the governor under s.., to be expended for the purposes for which received. SECTION. 0.0 () (title) and (u) of the statutes, as affected by 0 Wisconsin Act... (Assembly Bill ), are Wisconsin Bill Drafting Manual () (title) LOCAL SUPPORT EDUCATION. 0 (u) General program operations; education and information. The amounts in the schedule for general program operations under s..0 () (L), relating to education and information.

6 E X A M P L E.0 () 0 0 Legislature LRB / SECTION E X A M P L E.0 () 0 0 Legislature LRB / SECTION SECTION. 0.0 () (a) of the statutes, as affected by 0 Wiscon- department shall foster and encourage economic development programs sin Act... (Assembly Bill ), is repealed. designed to broaden and strengthen the economy of the state, and it shall SECTION. 0.0 () (c), (d) and (z) of the statutes, as affected by provide specific leadership in the following instances, among others, and 0 Wisconsin Act... (Assembly Bill ), are renumbered 0. () (c), (d) and (z), and 0. () (d), as renumbered, is 0. () (d) Tourist information centers. Biennially from moneys allocated under sub. s. 0.0 () (a), the amounts in the schedule for the operation of tourist information centers. SECTION. 0. () (h) and (x) of the statutes, as affected by 0 Wisconsin Act... (Assembly Bill ), are renumbered 0. () (g) and (x). SECTION. 0. () (b) m. of the statutes is created to read: 0. () (b) m. Business development, department of: secretary. SECTION. 0. () (x) of the statutes is repealed. SECTION..0 of the statutes is repealed. SECTION.. of the statutes is renumbered 0.0, and 0.0 shall: () The administrator of the division of economic development shall identify Identify for the governor s attention those significant business and industrial problems which may be relieved by state action. SECTION.. () of the statutes is renumbered 0.0. SECTION.. () of the statutes is repealed. SECTION.. of the statutes is renumbered 0.0, and 0.0 (), as renumbered, is 0.0 () The division department shall use and coordinate with research programs of other state agencies and shall make such agreements as may be necessary to effectuate its own research program. It may shall initiate research and economic planning but where possible it and shall seek to make full use of and strengthen the research resources of state Wisconsin Bill Drafting Manual 0 0 (intro.) and (), as renumbered, are amended to read agencies, including the university or such other institutions of higher 0.0 Business and industrial development. (intro.) The divi- education as will enhance the work of the division department. sion of economic development will be responsible for carrying out the func- SECTION.. of the statutes is renumbered tions of this subchapter and the secretary shall act basically to coordinate 0 SECTION..0 () (L) of the statutes is renumbered 0.0 and these activities with the other functions of the department. The division 0

7 E X A M P L E.0 () 0 0 Legislature LRB / SECTION 0.0 Promotions Promotion. Collect The department shall collect, compile and distribute information and literature as to the facilities, advantages and attractions of the state, the historic and scenic points and places of interest within the state and the transportation and highway facilities of the state; and plan and conduct a program of information and publicity designed to attract tourists, visitors and other interested persons to this state; also encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the state for the same purposes. The department may maintain an office in the city of Chicago, Illinois, and a staff of employes within the classified service, except that residence in Wisconsin shall not be required. Any contracts engaging a private agency or agencies to conduct any publicity program under this chapter shall reserve to the department the right to terminate the contract if in the discretion of the department the service is unsatisfactory. The department shall provide advice and assistance to persons or groups engaged in the recreation industry, E X A M P L E.0 () 0 0 Legislature LRB / SECTION SECTION..0 () and () of the statutes are consolidated, renumbered 0.0 and 0.0 The department of natural resources may establish information centers, permanent or mobile, in such manner as it directs. () The department of natural resources shall, and may acquire and operate a tourist information center in the downtown area of the city of Milwaukee. For this purpose, the commission department may accept gifts from municipal or private sources. SECTION..0 () of the statutes is renumbered 0.0 and 0.0 Promotion of Wisconsin products. To The department shall promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food and, agricultural, mining, manufactured and processed products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall may include Wisconsin Bill Drafting Manual 0 0 conduct surveys of the facilities and needs of the recreation industry and the distribution of educational and advertising material concerning Wis- work closely with other state agencies providing services to the recre- consin and its plant, animal, food and, dairy, mining, manufactured and ational industry. processed products. The promotion shall be undertaken with the coopera- 0 SECTION 0..0 (title) of the statutes is renumbered tion of the department of agriculture. (title). SECTION..0 () (b) of the statutes is

8 E X A M P L E.0 () 0 0 Legislature LRB / SECTION E X A M P L E.0 () 0 0 Legislature LRB / SECTION.0 () (b) To study the possibilities for increasing the markets 0.0 Secretary. The secretary of business development shall ad- for Wisconsin dairy and farm products, and through publications, adver- vise the governor and legislature on matters regarding economic growth tising the department shall cooperate with the department of business and development in the state. development in the use of advertising and other appropriate methods to endeavor to extend and improve these markets. SECTION. Chapter 0 of the statutes is created to read: CHAPTER 0 DEPARTMENT OF BUSINESS DEVELOPMENT 0.00 Definition. In this chapter, department means the department of business development. 0.0 Duties of department. The department shall promote and provide assistance to commercial, industrial, and recreational development and expansion; facilitate the establishment of small and minority business enterprises; encourage creation of jobs in urban and rural depressed areas in the state; coordinate state public and private economic development plans; coordinate public and private advertising expendi- SECTION.(0)Fiscal changes. () In the schedule under section 0.00 () of the statutes for the appropriation to the department of agriculture, trade and consumer protection under section 0. () (a) of the statutes, as affected by the acts of 0, the dollar amount is decreased by $0,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to decrease funding for the purpose for which the appropriation is made. In the schedule under section 0.00 () of the statutes for the appropriation to the department of agriculture, trade and consumer protection under section 0. () (a) of the statutes, as affected by the acts of 00, the dollar amount is decreased by $0,00 for the second fiscal year of the fiscal biennium in which this subsection takes effect to decrease funding for the purpose for which the appropriation is made. Wisconsin Bill Drafting Manual 0 0 tures to maximize the effectiveness of promotion and marketing efforts of SECTION.(0)Effective date. the state; encourage cooperation between financial institutions and busi- () This act takes effect on the first day of the first month beginning nesses to encourage commercial, industrial, and recreational business ex- after publication. 0 pansion in the state; and develop a state economic development policy. 0 (END)

9 .0 Wisconsin Bill Drafting Manual NUMBERING PROCEDURE. () Introductions. (a) An introduction, (intro.), must end with a colon and be followed by a list. Try to phrase the introduction so that each item in the list that follows can end with a period. Try to use all of the following, any of the following, or similar language that does not require amending the introduction each time a new item is added to the list. (For example, either of the following and both of the following require amendment of the introduction if another item is added.) (b) Each statutory unit that follows an introduction should form a complete sentence when read with the introduction. Section.0 (), 00 stats., shows an improper use of a subsection following an introduction:.0 Department, powers and duties. (intro.) The department shall: () MEDIA PHOTO. The department may use in the media... (c) In the preceding example, the language granting permission should have been inserted as a new section, such as s..0, stats. Insertions into s..0, stats., must be limited to additional duties because of shall in the introduction. (d) If it makes the meaning of a provision clearer, you may break the provision into tabular form by using an introduction followed by a list composed of statutory subunits. You are not required to place statutory lists in tabular form. In particular, it may be inappropriate if the provision you are treating parallels an existing provision that is not in tabular form. NOTE: See secs..0 () (am) and.0 (), Drafting Manual, for guidance on when (intro.) appears in the section heading and statutory text. () Titles. When renumbering material into or out of a section, remember to amend the title, if necessary, to reflect the changed content. () Number in Standard Outline Format. Numbering follows standard outline format. Except when creating a state governmental unit in ch. or, stats., or when creating an appropriation in ch. 0, stats., do not create a subsection in the statutes unless there is at least one other subsection. This same rule applies when creating a paragraph, subdivision, or subdivision paragraph. Except in ch.,, or 0, stats., as mentioned, if you repeal or renumber a statutory unit, leaving only one similar statutory unit, renumber the remaining statutory unit to the next highest statutory unit. For example: SECTION. repealed.. () (a) of the statutes is SECTION.. () (b) of the statutes is renumbered. ().