General Assembly 101events.blr.com/audio/materials/YH4041.pdf · • Outline / PowerPoint presentation • Office of Legal Services Legislative Drafting Guide • Office of Legal

100 Winners Circle North, Suite 300 Brentwood, TN 37027-5094 www.mleesmith.com For CD and other purchasing information, contact customer service at: or E-mail: [email protected]

General Assembly 101: An In-Depth Introduction to the Inner Workings of the Tennessee

General Assembly

Tuesday, December 16, 2014 10:00 – 11:30 a.m., CST 11:00 – 12:30 p.m., EST

Presented by:

Brad Forrister

M. Lee Smith Publishers

This program has been approved for 1.0 hours toward Continuing Legal Education (CLE) credit. Please complete and return the included Certificate of Attendance in order to receive CLE credit for this course.

General Assembly 101: An In-Depth Introduction to the Inner

Workings of the Tennessee Legislature

Presented by:

Brad ForristerM. Lee Smith Publishers

December 16, 2014

General Assembly Basics

• House: 99 members– 73 Republicans, 26 Democrats– House Speaker

• Senate: “Up to” 33 members– 28 Republicans, 5 Democrats– Lt. Governor

Sessions

• Constitution: 90 days per two-year term– “Legislative days”

• Days in floor sessions during regular session• 3 floor sessions per week• Approximately 15 weeks/year

Sessions

• Constitution: 90 days per two-year term– “Legislative days”

• Days in floor sessions during regular session• 3 floor sessions per week• Approximately 15 weeks/year

– Days for which legislators can be paid• No longer affects validity of legislation

Organizational Session

• Second Tuesday• Organizing:

– Elect speakers, leaders– Elect constitutional officers– Appoint committees, officers– Office changes

• LP, WMB

Regular Session

• Old pattern: 55/35– First year: stretch into summer– Second year: adjourn early for campaigns

• New pattern: shorter sessions, equal length

Legislative Adjournment Dates

How a Bill Becomes Law

How a Bill Becomes Law

Never happens this way in TN

How a Bill Really Becomes Law

• Real-world: every bill must have companion– Identical caption– In practice: identical, same drafting code

• Parallel paths

Three Readings

• First reading: introduction• Second reading

– committee assignment follows– “held on desk”

• Third reading: passage• Note: Rarely read

Committees

• Standing committees• Select committees• Joint committees

Standing CommitteesSENATE

• Commerce & Labor• Education• Energy, Agriculture & Natural

Resources• Finance, Ways & Means• Government Operations• Health and Welfare• Judiciary• State & Local Government• Transportation & Safety

HOUSE• Agriculture & Natural Resources• Business & Utilities• Civil Justice• Consumer & Human Resources• Criminal Justice• Education• Finance, Ways & Means• Government Operations• Health• Insurance & Banking• Local Government• State Government• Transportation & Safety

Select CommitteesSENATE

• Calendar• Delayed Bills• Ethics• Rules

HOUSE• Calendar & Rules• Delayed Bills• Ethics

Calendar Committees

• Senate Calendar: Formality• House Calendar & Rules: Substantive

– Makeup (by rule):• House majority & minority leaders• House majority & minority caucus chairs• Chairman and vice chairman• House standing committee chairs

Subcommittees

• House– Great deal of power– Can kill a bill, amend, defer– Tool for management of issues

• Senate– Cannot kill a bill– Often used to consolidate/study multiple bills

on same subject

Committee Actions

• Recommend for passage– with amendment

• Fail• Defer to later calendar• Defer to date certain

– If after adjournment, = kill• “Taken off notice”• Place in summer study

Bills with Fiscal Effect

• Fiscal Review Committee staff• Fiscal Notes on bills

– After introduction, before committee consideration

• Fiscal Memos on amendments• If any fiscal effect beyond “minimal,” bill

that is recommended by standing committee must go to Finance committee

Opportunities to Stop BillsSENATE

• Standing Committee• Finance Committee• Floor

HOUSE• Standing Committee

– Subcommittee

• Finance Committee– Subcommittee

• Calendar & Rules• Floor

• Governor’s Office

Joint Committees

• Fiscal Review• Council on Pensions & Insurance• Joint Government Operations• Workers’ Comp Advisory Council

Flow of Sessions

• First year:– Organizational (first year only)– Introductions– Productive Middle– Organized Chaos

• Second year:– Introductions (bills carry over)– Productive Middle– Organized Chaos

Weekly Schedule• Monday pm

– floor sessions• Tuesday

– Committee meetings (not a legislative day)• Wednesday

– Morning: committee meetings– Afternoon: floor sessions

• Thursday– Morning: floor sessions– Afternoon: calendars for following week

Committee Hearings

• Calendar– Set prior Thursday– Sponsor request/no request

• Sponsor presentation– “Recess” to hear proponents/opponents– “In session” to vote

• Senate: roll call votes• House: voice vote/roll call on request

Bill Introductions

• Senate– Unlimited prefiles, files until 3rd legislative day– Nine bill limit– 10th legislative day: cutoff for new bills

• House– 15 bills and substantive resolutions per member– Exceptions: local bills, administration bills, sunset

bills, appropriation bills, memorializing or confirmation / authorizing charitable events

• Lesson: ask early

Strategies to Watch for Bills

• Read every bill• Read at least summaries

– TN bill text may be obscure• Watch bills by category• Watch/search bills by TCA reference• Watch/search bills by keywords

Caption Bills

• TN Constitution: one subject, expressed in caption– Intention: caption = summary

• Not so much– Bill cannot be broader than caption

• Constitutional defect• No riders

Caption Bills

• End run around filing deadlines– Original: If text not ready, put in bill with broad

caption and innocuous placeholder text• Caption bills as insurance

– Late-developing needs– Broad captions sitting in place ready to move

quickly• Effort to control

– Caption bills held on clerk’s desk until amendment submitted

Finding Caption Bills

• Usable caption bills are in circulation• TLS summary: “broadly captioned”• Look for bills affecting TCA chapter/

section you need

Defending Against Caption Bills

• Watch anything from Late Bills Committees

• Track broad captions that could hurt you; pay attention if they start to move

• Search keywords in new amendatory language – Too late?

Parts of a Bill

• Caption• Preamble (sometimes)• Enacting clause

– “Be it enacted…” constitutional requirement• Substantive body

– Directory language– Substantive language

• Effective date

Effective Dates

• Optional• Upon passage “the public welfare

requiring it”– Constitutional requirement

• Date certain• No effective date = 40 calendar days after

passage

Effective Dates

• “Passage” – Date signed by governor– If not signed, 10 days after RECEIPT by

governor (not counting Sundays)• Date certain

– July 1– January 1– October 1

Types of Bills

• General bills– Exceptions for counties by population bracket– Exceptions by type of local government

• Local bills– Requested by action of local government’s

legislative body (2/3 vote)– Requires approval of delegation

Getting Together

• Bill passed in first chamber• Sent to second chamber, held on desk

– Second chamber’s bill arrives from committee, placed on floor calendar

– Sponsor moves to “substitute and conform”• Now operating on first chamber’s bill as amended

Getting Together: Example

• HB 1 has companion SB 2• HB 1 passed in House with amendments• HB 1 is sent to Senate, held on desk• SB 2 works its way through committees,

arrives on floor– Sponsor moves to “substitute and conform”– Now operating on HB 1 as amended– Apply Senate committee amendments, etc.

Final Steps

• Engrossing• Signed by speakers• Sent to governor

– 10 calendar days from day he gets it– Governor can sign, veto, let become law

without signature• Vetoes: rare

– Returned to legislature, simple majority overrides

Final Weeks

• Late March, early April– Committees begin to shut down– Some committees schedule extra meetings– Budget comes to a head

• Final week or two– Notice rules suspended– Pace of session becomes frenetic– Deals are made

Special Sessions

• Called by governor– Can limit subject matter

• Called by speakers with approval of 2/3 of members

• Up to 30 days

Codification

• TN Code Commission– Publishes the TN code– Permitted to alter public acts by rearranging

the code and correcting “manifest misspelling and typographical errors,” but cannot “alter the sense, meaning or effect of any act of the general assembly”

– Six months after adjournment• Codification bills

– Cure errors

Attorney General Opinions

• Can be requested by any government official

• Opinions on constitutionality of proposed legislation– By sponsor– Not by sponsor

Other Players

• Clerks’ offices• Committee staff

– Secretary, research analyst

Other Players

• Office of Legal Services– 17 attorneys, assigned by committee– Draft bills & amendments, approve items

drafted by others– Advise during committee meetings– Members are their clients – so confidentiality

applies

Bill Drafting

• Drafting rules– Typed in Microsoft Word with Arial 11 font– Double spaced except for the caption– Italic font only for subdivision designation– No bold font– Only “left alignment” should be used– No headers, footers or similar formats

• Office of Legal Services Legislative Drafting Manual: additional drafting rules, samples, drafting checklist.

Amendments

• In committee, may be oral– Later written amendment developed by Legal

Services• On floor, must be written

– Filed by 2pm of prior day (or noon for Monday)– 2/3 vote suspends rule

• No amendments beyond 2nd degree– Amendment to amendment allowed

Legislative Research

• Legislative history research– Bills:

• Text online 1995-present (state site)• Text online 1987-present (TLS)

– Public chapters• Text online 1997-present (SOS)• Text online 1987-present (TLS)

– Testimony• Video online 2004-present (state site)• Audio available at Library & Archives 1955-present

Legislative Research

• Finding similar bills– Past years

• State site, TLS– Other states

• NCSL• StateNet, Capitol Watch, StateTrack (CQ),

BillTrack50– Model bills

• Special interest organizations– ALEC

Tracking

• State site – 3 tracks• TLS – unlimited tracks

Tracking

• What you can do with tracks– Separate tracks for separate clients, subjects,

lobbyists– Reports

• By bill pairs• By category

– Calendars• Tracked/untracked

– Include information on other chamber, fiscal impact, amendments

Tracking

• Positions• Priorities• Tasks• Comments

Questions

Materials

• Outline / PowerPoint presentation• Office of Legal Services Legislative

Drafting Guide• Office of Legal Services User Guide• Page of important websites and sources

Disclaimers

*This webinar is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. *This webinar provides general information only and does not constitute legal advice. No attorney-client relationship has been created. If legal advice or other expert assistance is required, the services of a competent professional should be sought. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action.

Brad Forrister is a long-time professional writer, reporter and follower of the Tennessee

General Assembly. He is the founder of Tennessee Legislation Service and has been actively involved in its development over the past 34 years. Mr. Forrister currently serves as Vice President of the Legal and Training Divisions of Business and Legal Resources (BLR). His knowledge of the legislature is extensive, and his easy-going style lends itself to the education of new employees and interns at the hill. Mr. Forrister joined M. Lee Smith Publishers (now a division of BLR) in the days of typewriters and index cards, and he has guided the company’s transition to online information products. He is a former editor of The Tennessee Journal, and has been involved in the publication in multiple capacities for more than three decades. He is a graduate of Lipscomb University and Vanderbilt University Law School.

Brad Forrister

Please return the completed form to obtain CLE credit for this conference:

Julie Bloebaum

FAX: (615) 373-5183 or email to: [email protected]

Provider: M. Lee Smith Publishers LLC

100 Winners Circle N., Ste. 300 Brentwood, TN 37027

Title: General Assembly 101: An In-Depth Introduction to the Inner Workings of the Tennessee General Assembly

Date: December 16, 2014

This program has been approved for: 1.5 Hours

TO BE COMPLETED BY ATTORNEY By signing below, I certify that I attended the activity described above and am entitled to claim

____ CLE credit hours.

____________________________________________ _____________________________________ Attorney Name (Print) Signature ____________________________________________ _____________________________________ Bar Membership Number Date

Participants desiring CLE credit must attend as a paid registrant, and listen to the LIVE conference.

(CD purchase ONLY does not apply.) If you have any questions regarding CLE, please contact your provider representative.

Certificate of Attendance Continuing LEGAL Education

______________________________________________________________________________

Important Information

• General Assembly (also contains the Office of Legal Resources Materials):

http://www.legislature.state.tn.us/

• Tennessee Legislation Service:

o More information: http://www.mleesmith.com/tls

o Landing page: http://tls.mleesmith.com/landing.php

• Tennessee Code Commission: http://www.tsc.state.tn.us/boards-commissions/boards-

commissions/tennessee-code-commission

• Lobbying Rules from the Bureau of Campaign Finance, Tennessee Ethics Commission:

http://www.tn.gov/sos/tec/lobbyists.htm

• Tennessee Lobbyists Association: www.tnlobby.com

• Office of the Governor, Julie Hafner ([email protected]), Director for Legislation:

615-253-6894

• General Assembly’s Rules of Order and Other Publications:

o House of Representatives: http://www.capitol.tn.gov/house/publications/

o Senate: http://www.legislature.state.tn.us/senate/publications/

User Guide

November 12, 2014

Our Mission:

To provide to the members of the General

Assembly legal analysis and advice; as well as

research, drafting, library, and codification

services; all in a professional, confidential,

and non-partisan manner.

PLEDGES TO THE GENERAL ASSEMBLY MEMBERSPLEDGES TO THE GENERAL ASSEMBLY MEMBERSPLEDGES TO THE GENERAL ASSEMBLY MEMBERS

CONFIDENTIALITY. OLS STAFF STRICTLY OBSERVE AND ENFORCE THE ATTORNEY-

CLIENT RELATIONSHIP. CONFIDENTIAL COMMUNICATIONS AND MATERIALS ARE ZEALOUSLY

PROTECTED.

MISSION. OLS STAFF HONOR AND RESPECT THE MEMBERS’ CONSTITUTIONAL ROLE AS

LAWMAKERS AND DO NOT INTERFERE WITH OR USURP THAT ROLE.

PROFESSIONALISM. OLS STAFF NEVER OFFER ANYTHING LESS THAN AN HONEST,

FAIR, IMPARTIAL, AND DILIGENT EFFORT WITHIN THE CONSTRAINTS OF TIME THAT ARE BEYOND

OUR CONTROL.

IMPROVEMENT. OLS STAFF DILIGENTLY AND CONTINUALLY STRIVE TO IMPROVE

COMPETENCY AND PROFESSIONALISM AND STRIVE TO EARN, MAINTAIN, AND DESERVE THE

MEMBERS’ FULL TRUST AND CONFIDENCE.

ATTITUDE. OLS STAFF PROMOTE A WARM, COURTEOUS, AND RESPECTFUL

DEMEANOR AT ALL TIMES.

Main Office: G-10 War Memorial Building Phone: 615-741-3056 Internal Extension: 13056

Email Requests to: [email protected]

DIRECTOR OF LEGAL SERVICES

JOSEPH BARNES 45065 [email protected] WMB, G-10

CHIEF DEPUTY

TOM TIGUE 45056 [email protected] WMB, G-7

ATTORNEYS

CLAYTON BYRD 45034 [email protected] WMB, G-11

ANASTASIA CAMPBELL 45072 [email protected] WMB, G-16

DOUG GARRETT 45036 [email protected] WMB, G-11

KAREN GARRETT 45057 [email protected] WMB, G-7

MICHELLE GASKIN 45055 [email protected] WMB, G-11

JESS HALE 45076 [email protected] WMB, G-18

JOEL HAYES 45040 [email protected] WMB, G-10

DOUG HIMES 45066 [email protected] WMB, G-10

ELIZABETH INSOGNA 45062 [email protected] WMB, G-7

HELEN JAMES 45071 [email protected] WMB, G-11

SEAN MCMINN 45063 [email protected] WMB, G-16

RACHEL MILITANA 45030 [email protected] WMB, G-11

MEGAN MOORE 45054 [email protected] WMB, G-10

PETER MULLER 45074 [email protected] WMB, G-16

PAIGE SEALS 45059 [email protected] WMB, G-9

JAMIE SHANKS 45058 [email protected] WMB, G-10

RESEARCHERS

WADE DYE 45038 [email protected] WMB, G-8

HEIDI GLICK 45035 [email protected] WMB, G-13

JACKIE NASH 45070 [email protected] WMB, G-8

LAURA PENDLETON–MILLER 45064 [email protected] WMB, G-17

CINDY PERRY 45075 [email protected] WMB, G-6

LEGISLATIVE LIBRARIAN

EDDIE WEEKS 45069 [email protected] WMB, G-12

ADMINISTRATIVE STAFF

LINDA COLLIER 45033 [email protected] WMB, G-16

VALERIE HAINES 45068 [email protected] WMB, G-10

BRIAN HEATH 45051 [email protected] WMB, G-20

DORSEY LUTHER 45052 [email protected] WMB, G-11

JULIE SMITH 45061 [email protected] WMB, G-7

SANDRA WHITMORE 45053 [email protected] WMB, G-10

mailto:[email protected]

OLS STAFF ASSIGNMENTS LISTED BY COMMITTEE

HOUSE AGRICULTURE AND DOUG GARRETT

NATURAL RESOURCES

HOUSE BUSINESS AND UTILITIES JAMIE SHANKS

HOUSE CIVIL JUSTICE ELIZABETH INSOGNA

HOUSE CONSUMER AND MICHELLE GASKIN

HUMAN RESOURCES

HOUSE CRIMINAL JUSTICE ELIZABETH INSOGNA

HOUSE EDUCATION HELEN JAMES

HOUSE FINANCE, WAYS AND MEANS DOUG HIMES

HOUSE GOVERNMENT OPERATIONS SEAN MCMINN

HOUSE HEALTH JESS HALE

HOUSE INSURANCE AND BANKING JAMIE SHANKS

HOUSE LOCAL GOVERNMENT CLAY BYRD

HOUSE STATE GOVERNMENT CLAY BYRD

HOUSE TRANSPORTATION MEGAN MOORE

SENATE COMMERCE AND LABOR ANASTASIA CAMPBELL

SENATE EDUCATION HELEN JAMES

SENATE ENERGY, AGRICULTURE SEAN MCMINN

AND NATURAL RESOURCES

SENATE FINANCE, WAYS AND MEANS MEGAN MOORE

SENATE GOVERNMENT OPERATIONS DOUG GARRETT

SENATE HEALTH AND WELFARE JESS HALE

SENATE JUDICIARY TOM TIGUE

SENATE STATE AND LOCAL KAREN GARRETT

GOVERNMENT

SENATE TRANSPORTATION RACHEL MILITANA

AND SAFETY

TABLE OF CONTENTS

OFFICE OF LEGAL SERVICES (“OLS”) ...................................................................................................... 1

WHAT SERVICES DOES OLS PROVIDE? ...................................................................................... 1

WHERE ARE OLS OFFICES LOCATED? ....................................................................................... 1

MAP OF OLS OFFICES IN THE WAR MEMORIAL BUILDING (“WMB”) ...................................... 2

OLS STAFF CONTACT INFORMATION .......................................................................................... 3

CONFIDENTIALITY ........................................................................................................................................ 4

WHAT IS THE OLS CONFIDENTIALITY POLICY? ......................................................................... 4

HOW DOES THE POLICY AFFECT A MEMBER’S STAFF MAKING A REQUEST? .................... 4

HOW DOES THE POLICY AFFECT A LOBBYIST MAKING A REQUEST? .................................. 4

CAN A MEMBER AUTHORIZE OLS TO SHARE INFORMATION WITH OTHER MEMBERS? .... 4

WHO CAN I CONTACT IF I HAVE QUESTIONS OR CONCERNS REGARDING

CONFIDENTIALITY? ........................................................................................................................ 4

LEGISLATIVE LIBRARY ............................................................................................................................... 5

WHAT IS THE LEGISLATIVE LIBRARY? ........................................................................................ 5

WHERE IS THE LEGISLATIVE LIBRARY? ..................................................................................... 5

WHAT SERVICES DOES THE LEGISLATIVE LIBRARY PROVIDE? ............................................ 5

WHAT ARE EXAMPLES OF AVAILABLE RESOURCES? ............................................................. 6

RESEARCH REQUESTS ............................................................................................................................... 7

HOW DO I MAKE A GENERAL RESEARCH REQUEST? .............................................................. 7

HOW DO I MAKE A LEGAL RESEARCH REQUEST? ................................................................... 7

WHY IS THERE A DELAY BETWEEN MAKING THE REQUEST AND COMPLETION? .............. 7

WHAT ARE QUESTIONS THAT OLS CANNOT ANSWER?........................................................... 8

BILL DRAFTING REQUESTS ........................................................................................................................ 9

HOW DO I MAKE A BILL DRAFTING REQUEST? ......................................................................... 9

WHEN DO I SUBMIT A BILL DRAFTING REQUEST? .................................................................... 9

WHY SHOULD I BE CONCERNED ABOUT FILING DEADLINES (“CUT-OFF”)? ........................ 9

WHAT IF I HAVE PRE-DRAFTED TEXT? ........................................................................................ 9

SAMPLE BILL (WITH LABELED PARTS) ....................................................................................... 10

WHAT IF I DO NOT HAVE PRE-DRAFTED TEXT? ......................................................................... 11

WHY IS THERE A DELAY BETWEEN MAKING THE REQUEST AND PICK UP? ........................ 11

BILL CHECKLIST.............................................................................................................................. 12

HOW DO I FILE A JACKETED BILL? .............................................................................................. 13

WHAT HAPPENS AFTER THE BILL IS FILED? ............................................................................. 13

HOW A BILL BECOMES A LAW FLOW CHART ............................................................................ 14

TABLE OF CONTENTS

RESOLUTION DRAFTING REQUESTS ........................................................................................................ 15

HOW DO I MAKE A RESOLUTION DRAFTING REQUEST? ......................................................... 15

WHEN DO I SUBMIT A RESOLUTION REQUEST? ........................................................................ 15

WHAT IS A SUBSTANTIVE AS OPPOSED TO A MEMORIALIZING RESOLUTION? .................. 15


RESOLUTION CHECKLIST ............................................................................................................. 17

HOW DO I FILE A JACKETED JOINT RESOLUTION? .................................................................. 18

HOW DO I FILE A JACKETED RESOLUTION? .............................................................................. 19

WHAT HAPPENS AFTER THE RESOLUTION IS FILED? .............................................................. 19

RESOLUTION REQUEST FORM ..................................................................................................... 20

COMMITTEE STAFF SERVICES ................................................................................................................... 21

WHAT COMMITTEE SERVICES DOES OLS PROVIDE? ............................................................... 21

WHICH COMMITTEE DOES EACH ATTORNEY STAFF? .............................................................. 21

HOW CAN I GET MORE INFORMATION ON OLS COMMITTEE SERVICES? ............................. 21

COMMITTEE ASSIGNMENTS LISTED BY ATTORNEY ................................................................. 22

AMENDMENT DRAFTING REQUESTS ........................................................................................................ 23

HOW DO I MAKE AN AMENDMENT DRAFTING REQUEST? ....................................................... 23

WHEN DO I MAKE AN AMENDMENT DRAFTING REQUEST? ..................................................... 23

WHAT IF I NEED AN AMENDMENT DRAFTED FOR A COMMITTEE MEETING? ....................... 23

CAN I SUBMIT AN AMENDMENT DRAFTING REQUEST IN THE AMENDMENT OFFICE?........ 23

WHAT IF I HAVE AN APPROPRIATIONS (“BUDGET”) AMENDMENT DRAFTING REQUEST? 23

AMENDMENT CHECKLIST .............................................................................................................. 24

APPROPRIATIONS AMENDMENT FLOW CHART ......................................................................... 25

APPROPRIATIONS AMENDMENT REQUEST FORM .................................................................... 26

ATTORNEY GENERAL OPINION REQUESTS ............................................................................................ 27

HOW DO I MAKE AN ATTORNEY GENERAL OPINION REQUEST? ........................................... 27

WHEN DO I MAKE AN ATTORNEY GENERAL OPINION REQUEST? ......................................... 27


WHAT IF I NEED THE ATTORNEY GENERAL OPINION REQUEST IMMEDIATELY? ................ 27

PROCLAMATION DRAFTING REQUESTS (MADE OUT OF SESSION) .................................................... 28

HOW DO I MAKE A PROCLAMATION REQUEST? ....................................................................... 28

HOW DOES A PROCLAMATION DIFFER FROM A RESOLUTION? ............................................. 28

WHEN DO I MAKE A PROCLAMATION REQUEST ....................................................................... 28

WHAT IF MEMBERS OF THE OTHER CHAMBER WANT TO BE ADDED? ................................. 28

WHY IS THERE A DELAY BETWEEN MAKING THE REQUEST AND PICK UP? ....................... 28

PROCLAMATION CHECKLIST ........................................................................................................ 29

HOW DO I FILE THE PROCLAMATION? ........................................................................................ 30

PROCLAMATION REQUEST FORM................................................................................................ 31

HOUSE PROCLAMATION APPROVAL FORM ............................................................................... 32

SENATE PROCLAMATION APPROVAL FORM ............................................................................. 33

TENNESSEE LEGISLATIVE GLOSSARY .................................................................................................... 34

1

OFFICE OF LEGAL SERVICES (“OLS”)

WHAT SERVICES DOES OLS PROVIDE?

WHERE ARE OLS OFFICES LOCATED? OLS occupies space in the War Memorial Building (“WMB”), the Rachel Jackson Building (“RJB”), and the House and Senate chambers. Listed below are the OLS areas most frequently visited by members and members’ staff. A map of the space occupied by OLS in the War Memorial Building is found on the following page and highlights areas where you may be asked to drop off drafting requests or pick up completed legislative documents.

(1) MAIN OLS OFFICE. The Main OLS Office is located in WMB G-10. Office hours out of session are Monday through Friday, 8:00 am until 4:30 pm. Office hours during session are Monday through Friday, 8:00 am until the last committee meeting ends or the last chamber adjourns for the day. The phone number for the Main OLS Office is (615) 741-3056 or internal extension 13056. You are also always welcome to contact the Main OLS Office by email at [email protected].

(2) HOUSE CHAMBER. The House Amendment Office is located in the first room immediately to your left upon entering the House chamber. The House Amendment Office (“AO”) opens approximately thirty minutes prior to the first chamber starting session for the day. The AO is open until both chambers have adjourned, except for periods when both chambers are in recess. (3) SENATE CHAMBER. OLS is present on the left side of the Senate Chamber, in the press box area. OLS staff occupies this space approximately thirty minutes prior to the start of the Senate’s session for the day and remains present until the Senate recesses or adjourns for the day.

Services Provided by OLS Services NOT Provided by OLS

Researching federal and state case law Providing legal services to constituents

Writing legal opinions Writing press releases

Drafting general and local bills Writing speeches

Drafting resolutions and proclamations Writing talking points

Drafting amendments Compiling voting records

Drafting Attorney General opinion requests Providing secretarial services for committees

Providing legal services for committees Transcribing committee meetings

2

G-11

OLS Archives

Clay

Byrd

Rachel Militana

Doug Garrett

Helen James

OLS Conference

Room

Michelle Gaskin

Jamie Shanks

Joseph Barnes

Doug Himes

Joel Hayes

Megan Moore

Main Office Intake

G-10

G-9 Paige Seals

OLS Session

Staff

Ele

va

tor

G-12 Legislative

Library

G-16

Library Materials

Library Materials

Library Materials

Eddie Weeks

Sean McMinn

OLS files

Anastasia Campbell

Peter Muller

G-18 Jess Hale

Stairway / Exit

Two Session Proofers

Brian Heath

G-19 Senate

Member’s Office

G-19A House

Member’s Office

G-19A House

Member’s Office

Exit

Me

zza

nin

e

Escalators & Stairs

Stairway

G-1 Facility Management

House Members’

Offices G-3

G-7

Karen Garrett

OLS files

Tom Tigue

Elizabeth Insogna

Stairway

Women’s Restroom

Men’s

Restroom Elevator

Intake

Resolutions & Proclamations

G-8 Jackie Nash

2 Session Wade Researchers Dye

G-6 Cindy Perry

G-5 Copy Room

Heidi Glick & Session Attorney

G-13

House Member’s

Office G-2

Permanent Proofer & Session Attorney

G-15 Library Annex

Ma

il Ro

om

Bre

ak R

oo

m

G-17 Laura

Pendleton-Miller

Electric

Room Elevators

MAP OF OLS OFFICES IN THE WAR MEMORIAL BUILDING (“WMB”)

Sandra

Whitmore

Valerie H

aines

HVAC & Elevator

Repair

Julie

Smith

G-20 OLS

Pick-up

Session Staff

Lind

a

Co

llier

Dorsey Luther

3

OLS STAFF CONTACT INFORMATION

DIRECTOR OF LEGAL SERVICES

JOSEPH BARNES 45065 [email protected] WMB, G-10

CHIEF DEPUTY


SPEAKER’S COUNSEL

KAREN GARRETT (SENATE) 45057 [email protected] WMB, G-7

DOUG HIMES (HOUSE) 45066 [email protected] WMB, G-10

ATTORNEYS

CLAYTON BYRD 45034 [email protected] WMB, G-11

ANASTASIA CAMPBELL 45072 [email protected] WMB, G-16

DOUG GARRETT 45036 [email protected] WMB, G-11

KAREN GARRETT 45057 [email protected] WMB, G-7

MICHELLE GASKIN 45055 [email protected] WMB, G-11

JESS HALE 45076 [email protected] WMB, G-18

JOEL HAYES 45040 [email protected] WMB, G-10

DOUG HIMES 45066 [email protected] WMB, G-10

ELIZABETH INSOGNA 45062 [email protected] WMB, G-7

HELEN JAMES 45071 [email protected] WMB, G-11

SEAN MCMINN 45063 [email protected] WMB, G-16

RACHEL MILITANA 45030 [email protected] WMB, G-11

MEGAN MOORE 45054 [email protected] WMB, G-10

PETER MULLER 45074 [email protected] WMB, G-10


JAMIE SHANKS 45058 [email protected] WMB, G-10


CODE COMMISSION


LEGISLATIVE LIBRARIAN

EDDIE WEEKS 45069 [email protected] WMB, G-12

RESEARCHERS

WADE DYE 45038 [email protected] WMB, G-8

HEIDI GLICK 45068 [email protected] WMB, G-13

JACKIE NASH 45070 [email protected] WMB, G-8

LAURA PENDLETON–MILLER 45064 [email protected] WMB, G-17

CINDY PERRY 45075 [email protected] WMB, G-6

ADMINISTRATIVE STAFF

LINDA COLLIER 45033 [email protected] WMB, G-16

VALERIE HAINES 45068 [email protected] WMB, G-10

BRIAN HEATH 45051 [email protected] WMB, G-20

DORSEY LUTHER 45052 [email protected] WMB, G-11

JULIE SMITH 45061 [email protected] WMB, G-7

SANDRA WHITMORE 45053 [email protected] WMB, G-10

4

CONFIDENTIALITY

WHAT IS THE OLS CONFIDENTIALITY POLICY?

All communications and requests between a member and OLS staff are statutorily and ethically confidential and privileged communications. The records and work product of OLS are not public records. However, OLS cannot absolutely guarantee confidentiality when a request or a communication is sent by email because the request will be sent through servers that OLS does not control. All requests are kept confidential, even if two duplicate requests are made by different members. A member may ask that a request not duplicate another bill, and such request will be honored if public records indicate a similar bill has been filed. Any legislation drafted as a result of a member’s request will be delivered to the member’s office. No copy will be released until the member has filed it for introduction or otherwise makes it public. If a member wants OLS to release a draft of legislation to any person prior to its introduction, then the member must supply OLS with written authorization (email is acceptable). CAUTION: When a request is made to Fiscal Review staff to provide a preliminary fiscal note to a bill or amendment draft prior to filing the bill or amendment, the draft becomes a public record because the draft is distributed by Fiscal Review staff for outside review and input. HOW DOES THE POLICY AFFECT A MEMBER’S STAFF MAKING A REQUEST? OLS assumes that staff assigned to a member are authorized to receive materials and make requests on the member's behalf. This assumption applies to permanent administrative staff, research analysts, interns, and any other staff employed by the member’s office.

HOW DOES THE POLICY AFFECT A LOBBYIST MAKING A REQUEST? A member may authorize a lobbyist or other person to make requests on behalf of the member by advising OLS of the arrangement in writing (email is acceptable). OLS will notify the member or the member's staff of any requests made in the member's name by anyone other than the member's staff. If the member has not authorized the request, please notify OLS as soon as possible. Completed requests will be delivered directly to the member's office. CAN A MEMBER AUTHORIZE OLS TO SHARE INFORMATION WITH OTHER MEMBERS? A member may authorize OLS to share information about a specific request with other members by filling out a confidentiality waiver form for the specific request. The form is available upon request in the Main OLS Office in WMB G-10. The member must request a waiver of confidentiality for each, individual request. Broad waivers of confidentiality are NOT available. WHO CAN I CONTACT IF I HAVE QUESTIONS OR CONCERNS REGARDING CONFIDENTIALITY? If a member or member’s staff ever has grounds to believe that confidentiality has been violated or if the member or member’s staff has questions regarding the confidentiality of services provided by OLS, then the member or the member’s staff is urged to contact the Director of OLS, Joseph Barnes, in person at WMB G-10, by phone at (615) 741-9504 or internal extension 45065, or by email at [email protected].

5

LEGISLATIVE LIBRARY

WHAT IS THE LEGISLATIVE LIBRARY? In January 1854, the 30th General Assembly of Tennessee adopted Joint Resolution Number IV, declaring “that the Secretary of State be and he is hereby instructed to collect all of the books belonging to the State, and have them in his office in the capitol as soon as possible for the use of the Legislature.” This collection of books would become the first Legislative Library, and would later form the beginning collection of the State Library and Archives. Today, the State Library and Archives serves the citizens of the state while the members and staff of the Legislature still have their own library, the Legislative Library. Although the Legislative Library no longer has “all of the books belonging to the State,” its collection of Journals, Acts, Tennessee history, and reference materials are available to assist the members and the members’ staff in their duties. WHERE IS THE LEGISLATIVE LIBRARY? The Legislative Library is located in WMB G-12. Office hours are Monday through Friday, 8:00 a.m. until 4:30 p.m. year-round. The Legislative Library is staffed by the Legislative Librarian, Eddie Weeks, who may be contacted in person at WMB G-12, by phone at (615) 741-5816 or internal extension 45069, or by email at [email protected]. WHAT SERVICES DOES THE LEGISLATIVE LIBRARY PROVIDE?

(1) GENERAL RESEARCH. The Legislative Library serves the members and staff of the General Assembly by providing reference and referral services as requested. The Legislative Library is the General Assembly’s source for copies of bills, resolutions, laws, and statutes from prior years, and can provide members’ offices with copies of other states' laws, bills, and reports. If you have a research request, you may submit the request in person at WMB G-13, by phone at (615) 741-5816 or internal extension 45069, or by email at [email protected]. (2) LIAISON TO OBTAIN INFORMATION ANONYMOUSLY. If you need to obtain information from a state or national agency but the member wishes to remain anonymous, then you may ask the Legislative Librarian to obtain this information on the member’s behalf.

(3) UPDATING TENNESSEE CODE ANNOTATED BOOKS. The Legislative Librarian emails instructions to members’ staff on the manner in which the members’ copies of the Tennessee Code Annotated should be updated after the publisher of the Tennessee Code Annotated finishes its annual post session update. However, the actual process of updating the copy of the Tennessee Code Annotated in each member’s office is the responsibility of each member’s staff. Additionally, updating the copies of the Tennessee Code Annotated located in committee rooms is the responsibility of the Office of Legislative Administration. If a member’s office or a committee room is missing any parts of the Tennessee Code Annotated, staff should contact the Office of Legislative Administration in person on the RJB 7th Floor, by phone at (615) 741-1919 or internal extension 11919, or by email at [email protected].

(4) GUIDED TOUR. The Legislative Library is here to serve the General Assembly. Members and their staff may contact the Legislative Librarian for a guided tour of the library’s materials.

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LEGISLATIVE LIBRARY

WHAT ARE EXAMPLES OF AVAILABLE RESOURCES?

Tennessee: Annual reports for state departments Attorney General opinions (dating back to 1971) Blue Books (dating back to 1927) Biographical entries for all previous members of the General Assembly House and Senate Journals (dating back to 1855) House and Senate Rules (dating back to 1933) Outdated versions of the Tennessee Code (dating back to the 1700's) Printed bills, amendments and fiscal notes (dating back to 1970) Public and Private Acts (dating back to 1827) Rules and Regulations of the State of Tennessee (as updated within the past two years) Telephone books for all Tennessee cities Unofficial Index to Legislation (dating back to 1969) OLS Legislative Drafting Guide (2013) United States and Legal Materials: Atlases and almanacs American Jurisprudence Corpus Juris Secundum Tennessee Jurisprudence Tennessee Digest United States Code Annotated Supreme Court Decisions (U.S. and Tennessee) Miscellaneous: The Tennessean (copies retained for two months) USA Today (copies retained for one month) Wall Street Journal (copies retained for one month) Newspaper clippings files

7

RESEARCH REQUESTS HOW DO I MAKE A GENERAL RESEARCH REQUEST?

If you have a general research request, then you may submit the request to the Legislative Library. Examples of general research requests include finding information on Tennessee government and details on Tennessee legislative matters such as when a bill passed, whether or not a bill on a certain topic has been introduced in the past, the number of votes a bill received, or when a member served. The Legislative Librarian can answer any non-legal question that does not need to be addressed with an attorney. Additionally, if a member is interested in obtaining a Uniform Law or Suggested State Legislation, these publications are available in the Legislative Library. The Legislative Library can also acquire copies of statutes from other states.

Step 1: Submit the request in person at WMB G-12, by phone at (615) 741-5816 or internal extension 45069, or by email at [email protected].

Step 2: Include in the request:

o Your name and contact information; o The name of the member for whom you are submitting the request; o The issue to be researched and any background information; and o The desired deadline for completion of the request.

Step 3: OLS will notify you when the request is complete. HOW DO I MAKE A LEGAL RESEARCH REQUEST? If you have a legal research request, then you may submit the request to the Main OLS Office. Examples of legal research requests include comparing laws in other states, analyzing federal and state case law, and researching current Tennessee law on a subject.


Step 2: Include in the request: o Your name and contact information; o The name of the member for whom you are submitting the request; o The issue to be researched and any background information; and o The desired deadline for completion of the request.

Step 3: OLS will notify you when the request is complete. WHY IS THERE A DELAY BETWEEN MAKING THE REQUEST AND COMPLETION? OLS strives to provide all services in a timely manner while ensuring quality of work product. We can respond to most questions on Tennessee statutory law fairly quickly over the phone. However, in the weeks preceding the general bill filing deadlines (“cut-off”), bill drafting takes priority. Additionally, please be aware that complicated issues and questions involving federal law or laws from other states may require more time.

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Chattanooga Legal Aid of East Tennessee (423) 756-4013

Gallatin Legal Aid Society of Middle Tennessee and the Cumberlands (615) 451-1880

Jackson West Tennessee Legal Services (731) 423-0616

Johnson City Legal Aid of East Tennessee (423) 928-8311

Knoxville Legal Aid of East Tennessee (865) 637-0484

Maryville Legal Aid Society of Middle Tennessee and the Cumberlands (865) 981-1818

Memphis Memphis Area Legal Services (901) 523-8822

Middle Tennessee Legal Aid Society of Middle TN and Cumberlands (800) 238-1443

Morristown Legal Aid Society of Middle Tennessee and the Cumberlands (423) 587-4850

Murfreesboro Legal Aid Society of Middle Tennessee and the Cumberlands (615) 890-0905

Nashville Legal Aid Society of Middle Tennessee and the Cumberlands (615) 244-6610

Tennessee Tennessee Bar Association's lawyer referral service (615) 383-7421

Tennessee aLEGALz (888) 253-4259

RESEARCH REQUESTS

WHAT ARE QUESTIONS THAT OLS CANNOT ANSWER?

(1) PERSONAL LEGAL ISSUES. By statute, OLS is only authorized to provide legal services that aid the members in their official duties. Therefore, OLS is unable to give legal advice or representation concerning personal legal issues of any member or member's staff.

(2) CONSTITUENT LEGAL ISSUES. The clients of OLS are the members of the General Assembly. Therefore, OLS is unable to give legal advice or representation concerning constituent legal issues. You may wish to direct constituent legal issues to the sources mentioned below.

(3) PROCEDURAL QUESTIONS. All questions pertaining to legislative procedure should be directed to the appropriate Chief Clerk or rules committee.

SENATE CHIEF CLERK HOUSE CHIEF CLERK State Capitol, 2nd Floor State Capitol, 2nd Floor (615) 741-2730 (615) 741-2901 Ext. 12730 Ext. 12901

9

BILL DRAFTING REQUESTS

HOW DO I MAKE A BILL DRAFTING REQUEST?



o Your name and contact information; o The name of the member for whom you are submitting the request; o The issue to be addressed in the bill and any background information; and o Any pre-drafted language.

Step 3: OLS will notify you when the bill has been jacketed and the location for pickup. WHEN DO I SUBMIT A BILL DRAFTING REQUEST? Bill drafting requests should be submitted as soon as possible so that OLS may give members the best and most expedient service possible. OLS is responsible for providing each member with the bills requested. During the 108th General Assembly, 4,232 bills, 5,944 amendments and 2,970 resolutions were drafted and processed by OLS. The weeks leading up to general bill filing deadlines (“cut-off”) are the busiest time for OLS, so members are encouraged to send bill requests in advance (one month if possible) of cut-off. WHY SHOULD I BE CONCERNED ABOUT FILING DEADLINES (“CUT-OFF”)? Sometimes, one or both chambers have a deadline for all general bills to be filed with the Chief Clerk in the annual session, after which date all other filed bills will be placed in a delayed bills committee. If the other chamber’s filing deadline has already occurred, it could prevent a member from being able to find a bill sponsor in the other chamber. Therefore, you should inquire with the Chief Clerks in both chambers about filing deadlines. WHAT IF I HAVE PRE-DRAFTED TEXT? Submitting pre-drafted text to OLS in an electronic format will assist OLS in entering the text into the legislative database and preparing the bill for introduction. Although there is no requirement that OLS draft all bills, OLS must enter all legislation into the legislative database and review the legislation for form and style. The sample bill on the next page is in the standard form for bills in the state of Tennessee.

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DRAFTING NUMBER DONE BY OLS

EFFECTIVE DATE

PENALTIES

BODY

DEFINITIONS

SHORT TITLE DIRECTORY LANGUAGE

CAPTION DONE BY OLS

ENACTING CLAUSE

SEVERABILITY CLAUSE

SAMPLE BILL (WITH LABELED PARTS)

AN ACT to amend Tennessee Code Annotated, Title 68, relative to healthcare.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 68, is amended by adding Sections 2

through 5 as a new chapter.

SECTION 2. This chapter shall be known and may be cited as the "Emergency Medical

Services Act."

SECTION 3. As used in this chapter:

(1) "Category 'B' hospital" means a hospital facility within the state of Tennessee

assigned to a category B by the board for licensing health care facilities of the department

of health; and

(2) "Health care professional" includes a person licensed under the provisions of

title 63.

SECTION 4.

(a) The department shall create and administer a statewide system of emergency

medical service area telecommunications through rules.

(b) It is a Class A misdemeanor for health care professionals and category B

hospitals to fail to report to the department pursuant to this section.

SECTION 5. If any provision of this act or the application of any provision of this act to any

person or circumstance is held invalid, the invalidity shall not affect other provisions or

applications of the act that can be given effect without the invalid provision or application, and to

that end, the provisions of this act are declared to be severable.

SECTION 6. For purposes of promulgating rules, this act shall take effect, upon becoming

a law, the public welfare requiring it. For all other purposes, this act shall take effect January 1,

2015, the public welfare requiring it.

*06165234* *001676* 0616523456 *001676*

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BILL DRAFTING REQUESTS WHAT IF I DO NOT HAVE PRE-DRAFTED TEXT? If a member wishes to discuss a request, OLS staff will be glad to come to the member's legislative office, if time permits, or the member is welcome to discuss the request with any of our staff. There will be fewer chances for errors and greater opportunities to clarify instructions if requests are submitted by a member in person. If a member is uncertain as to the specifics of a bill or is interested in finding out what information other states or national organizations may have on a subject, OLS staff will be glad to research or suggest alternative approaches. WHY IS THERE A DELAY BETWEEN MAKING THE REQUEST AND PICK UP? OLS endeavors to complete all bill drafting requests as soon as reasonably possible, while ensuring quality of work product. To ensure quality and accuracy, each bill must be reviewed according to the Bill Checklist on the following page. This process takes time. OLS policy is to complete requests in the order that they are received, although priority will be given to general bills over local bills closer to cut-off because local bills are not subject to cut-off. If you have a local bill that you need prepared quickly, we urge you to request it at a non-rush time (well in advance of cut-off). If this is not possible, it is important to advise OLS that the local bill is a priority matter. Otherwise, OLS will prepare general bill requests first.

NOTE: We encourage all pre-drafted text to be submitted to OLS in Microsoft Word format to expedite the drafting process.

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BILL CHECKLIST

Is the sponsor’s name; the time and date of the bill request’s submission; and contact information, in case of questions, recorded?

Is this a duplicate request (is the request in drafting already)?

Is the objective of the bill, as proposed by the sponsor, identified?

Is there a rational and orderly arrangement for the content?

Are there any tagging errors and is the bill properly tagged?

Is there a caption? Is it in the correct format and free of errors?

Is the caption complete? Are all provisions that the bill will amend included? Is there a single subject? Should Title 4 be added?

Is a preamble needed? If so, is it in correct form and location? Is there an enacting clause? Is it in the correct form and location?

Is the directory language complete, accurate, and "reader friendly"?

Is the proper code and section designation system used? Are there at least two subsection or subdivision designations for each?

Has the bill been reviewed for simplicity? Is short and familiar language used? Has unnecessary language been removed?

Has the bill been reviewed for clarity? Does every pronoun have a clear antecedent? Are conjunctions used properly? Are concepts expressed positively? Is parallel sentence structure used? Is active voice used?

Has the bill been reviewed for facial consistency? Is correct spacing used (two spaces after designations)?

Are all names for departments and commissioners correct?

Is correct capitalization used? Are numerals used correctly?

Have commonly misused words been used correctly? Has archaic and outdated language been updated?

Are citations to federal and state law in the correct form?

Is there a definitions section, and if so, is it in the correct form? Is there a criminal offense, and if so, is it in the correct form?

Is a severability or reverse severability clause needed? Is a rules provision needed?

Is there an effective date section? Is the selected date appropriate?

Does other legislation on the same subject conflict with the bill? Have the conflicts been addressed?

Are internal code and bill section references accurate?

Is spelling correct? Is grammar correct? Is punctuation correct?

Does the bill ultimately accomplish its objective?

Is the abstract free of errors? Are subject codes added?

Are the appropriate boxes on the status sheet checked?

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Senate sponsors sign here

House sponsors sign here

BILL DRAFTING REQUESTS HOW DO I FILE A JACKETED BILL?

Step 1: Deliver the appropriate bill jacket to the bill co-sponsor in the other chamber (the cream jacket is for the Senate sponsor and the white jacket is for the House sponsor).

Step 2: Ensure that the House and Senate sponsors SIGN the outside of the bill jackets. REMINDER: For local bills, remember that in the case of Davidson, Knox, and

Hamilton counties, the signature of all Senators from those counties is required. Step 3: File the copy of the bill attached to the jacket with the appropriate Clerk.

WHAT HAPPENS AFTER THE BILL IS FILED? The flow chart on the following page illustrates the legislative process after the filing of the bill with the Chief Clerk’s office.

Type of legislation

Type of legislation


Drafting number

Drafting number


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Chief Clerk examines

and numbers

HOUSE

Representative files the bill

First Reading First Reading

House: Passes without objection

Senate: Passes without objection

Second Reading

House: Passes without objection

Second Reading

Senate: Passes without objection

SENATE

Senator files the bill

Chief Clerk examines

and numbers

House Speaker refers to standing

committee

Senate Speaker refers to standing

committee

House and Senate Committees study and report (may hold hearings)

Bill passes

Senate Calendar Committee places on Floor Calendar

House Calendar Committee Studies and

Places on Floor Calendar

Identical Bills Must Pass in the

House and Senate

HOUSE SENATE

Members debate and possibly

amend or

make HB conform to SB

Members debate and possibly

amend or

make SB conform to HB

House majority (50)

passes on 3rd reading as is

or with amendment

Senate majority (17)

passes on 3rd reading as is

or with amendment

SB to House

HB to Senate

Clerk enrolls after passage in both chambers and, after both Speakers sign, forwards to Governor

Fiscal Note Generated

HOW A BILL BECOMES A LAW FLOW CHART

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RESOLUTION DRAFTING REQUESTS

HOW DO I MAKE A RESOLUTION DRAFTING REQUEST?

Step 1: Complete the Resolution Request Form in its entirety. It is available online on the OLS page of the Legislative Intranet, in WMB G-8, or on page 20 of this guide.

Step 2: Include in the request, along with the completed form:

o Your name and contact information; o The name of the member for whom you are submitting the request; o The subject of and reason for the resolution; o Any background and support information; and o The desired deadline for the resolution. CAUTION: Any materials submitted to OLS for resolutions, such as newspaper

clippings or event programs, are needed for our records. Please do not submit the original of a document if you will need it back.

Step 3: Submit the request in person at WMB G-8 or by email at [email protected]. Step 4: OLS will notify you when the resolution has been jacketed and the location for

pickup. WHEN DO I SUBMIT A RESOLUTION REQUEST? Resolutions are only adopted during the legislative session and can include constitutional amendments, legislative appointments, legislative statements, study committees, and directives to state agencies. Resolutions can also be congratulatory or memorializing documents. Since there are several different purposes for introducing a resolution, the process for passing each resolution is unique. The amount of time that the resolution will need in order to be passed should be considered in order to give OLS ample time to draft the request. WHAT IS A SUBSTANTIVE AS OPPOSED TO A MEMORIALIZING RESOLUTION?

Substantive resolutions pertain to constitutional amendments, legislative statements, study committees, and directives of state agencies and are normally included on each chamber’s regular calendars. These types of resolutions must be read three times in each chamber, pass both bodies, and be signed by the Governor.

Congratulatory or memorializing resolutions acknowledge a Tennessee citizen’s anniversary, death, birthday, professional achievement, retirement, sporting event, or other special life event. These types of resolutions are normally placed on the consent calendar of the sponsor’s chamber in the case of a resolution, or on both chambers’ consent calendars in the case of a joint resolution. Both Senate and House Joint Resolutions must pass both bodies and be signed by the Governor. CAUTION: Substantive resolutions count towards the fifteen-bill limit in the House. Substantive resolutions do NOT include administration resolutions, resolutions approving revisions to rules of procedure promulgated by the Supreme Court and the annual codification act, memorializing or congratulatory resolutions, resolutions confirming appointments, resolutions authorizing charitable events, or resolutions that are procedural and not referred to a standing committee. House Rule 44.

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RESOLUTION DRAFTING REQUESTS WHY IS THERE A DELAY BETWEEN MAKING THE REQUEST AND PICK UP? OLS endeavors to complete all resolution drafting requests as soon as reasonably possible, while ensuring quality of work product. To ensure quality and accuracy, each resolution must be reviewed according to the Resolution Checklist on the following page. This process takes time. OLS policy is to complete all requests of any type in the order that they are received, although priority will be given to general bills (over local bills and resolutions) closer to cut-off.

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RESOLUTION CHECKLIST

Are the sponsor’s name; the time and date of the request’s submission; and contact information, in case of questions, recorded?


Is the objective, as proposed by the sponsor, clearly identified?

Has the sponsor provided sufficient, accurate backup information?

Is a caption required? If so, is it in the correct format and free of errors?

Are the preamble clauses in the correct format and free of errors?

Does each preamble clause begin with the language “WHEREAS,”?

Does each preamble clause (except the final one) conclude with the language “; and”?

Does the final preamble clause conclude with the language “; now, therefore,”?

Is the correct resolving clause used? Is it accurate and free of errors? Is it in the correct location?


Has the resolution been reviewed for simplicity? Is short and familiar language used? Has unnecessary language been removed?

Has the resolution been reviewed for clarity? Does every pronoun have a clear antecedent? Are conjunc-tions used properly? Are concepts expressed positively? Is active voice used?

Has the resolution been reviewed for facial consistency? Is correct spacing used?



Have commonly misused words been used correctly?

Are pronouns used correctly and do they reflect the appropriate gender?

Are all proper nouns accurate and correct?

Does the resolution ultimately accomplish its objective?

Is an abstract required? If so, is it complete and free of errors?

Are the correct resolution jackets used?

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HOW DO I FILE A JACKETED JOINT RESOLUTION?

Step 1: Deliver the appropriate jacket to the resolution’s co-sponsor in the other chamber (the green jacket is for the Senate sponsor and the grey jacket is for the House sponsor).

Step 2: Ensure that the House and Senate sponsors SIGN the outside of the jackets.

Step 3: File the copy of the resolution attached to the jacket with the appropriate clerk.

Type of legislation

Drafting number

Drafting number



Type of legislation



19

RESOLUTION DRAFTING REQUESTS HOW DO I FILE A JACKETED RESOLUTION?

Step 1: Deliver the appropriate jacket to the resolution’s sponsor (a blue jacket is for the Senate sponsor and a green jacket is for the House sponsor).

Step 2: Ensure that the sponsor SIGNS the outside of the jacket.

Step 3: File the copy of the resolution attached to the jacket with the appropriate clerk.

WHAT HAPPENS AFTER THE RESOLUTION IS FILED?

Resolutions differ from bills in that they do not have the force and effect of law. The type of

resolution is determined and can be identified by its resolving clause language. Joint resolutions must pass in both chambers to be adopted, while House Resolutions and Senate Resolutions only need to pass in the respective chamber.

In the House, substantive resolutions are generally referred to standing committees while

congratulatory and memorializing resolutions are placed on a consent calendar. Joint resolutions calling for a joint convention of both chambers are referred to the House Committee on Delayed Bills (the Speaker, the majority leader, and the minority leader).

In the Senate, all congratulatory and memorializing resolutions are referred to the Senate

Calendar Committee. All other resolutions, except for joint resolutions proposing joint conventions which are referred to the Committee on Delayed Bills, are referred to standing committees. Senate Rule 21.

No resolution, except one proposing an amendment to the Constitution, is required to be

read three times. However, all joint resolutions, except those calling for adjournment of the General Assembly and those proposing specific amendments to the Constitution, must be submitted to the Governor for signature. The Governor may veto a joint resolution but the General Assembly may override the veto by a simple majority vote of those entitled to vote. Tenn. Const. Art. III, § 18.

Type of legislation

Drafting number

Type of legislation

Drafting number

Senate sponsor signs here


RESOLUTION REQUEST FORM

Resolutions are the vehicle document for a number of special items, including, constitutional amendments, joint conventions, legislative procedures such as extended recess and final adjournment, creation of study committees, confirmation of appointments to state boards and commissions, and statements of policy. Resolutions may also be memorializing and congratulatory. Resolutions do not have the force and effect of law, and can only be passed during session.

Please complete all sections of this form.

MEMBER: _______________________________________________________________

YOUR NAME: ____________________________________________________________

PHONE NUMBER: __________________________

TODAY’S DATE: ___________________________ TYPE OF REQUEST (please check appropriate box):

House Resolution Senate Resolution

House Joint Resolution Senate Joint Resolution

SUBJECT OF REQUEST (include name of person or entity to be honored): _________________________________________________________________________ _________________________________________________________________________ REASON FOR REQUEST (please check appropriate box):

Anniversary Special Event

Birthday Sporting Achievement

Death Valedictorian or Salutatorian

Professional Achievement Other: __________________________________

Retirement ________________________________________

Please complete a separate form with attachments for each requested resolution.

Please staple forms & attachments together (clips fall off).

Please do not use this form for bills or amendments.

Deliver form with attachments to WMB G-8 or

Email form with attachments to [email protected]


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COMMITTEE STAFF SERVICES

WHAT COMMITTEE SERVICES DOES OLS PROVIDE?

(1) SERVICES PROVIDED BY OLS. OLS provides, at the request of committee Chairs, at least one attorney to attend meetings of all the standing committees and subcommittees of the General Assembly. The attorney provides services that facilitate the committee in the performance of its duties, such as preparing written or verbal amendments adopted by the committee that have not been prepared in advance of the committee meeting. OLS also provides both legal and research services to special and study committees.

(2) SERVICES NOT PROVIDED BY OLS. OLS does not provide secretarial services for committees. Customarily, the administrative assistant or the intern of the Chair of the committee serves as the secretary for the committee. WHICH COMMITTEE DOES EACH ATTORNEY STAFF? Page 22 of this guide lists the committee assignments for each OLS attorney as of the printing of this User Guide. For the most up-to-date list of committee assignments, please check on the OLS page of the Legislative Intranet under OLS Staff for Standing Committees. HOW CAN I GET MORE INFORMATION ON OLS COMMITTEE SERVICES?

If a member is interested in learning more about the services that OLS provides for committees, the member should contact the Director of OLS, Joseph Barnes, in person at WMB G-10, by phone at (615) 741-9504, or internal extension 45065, or by email at [email protected].

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COMMITTEE ASSIGNMENTS LISTED BY ATTORNEY

Clay Byrd:

HOUSE LOCAL GOVERNMENT HOUSE STATE GOVERNMENT

Anastasia Campbell:

SENATE COMMERCE & LABOR

Doug Garrett:

HOUSE AGRICULTURE & NATURAL RESOURCES SENATE GOVERNMENT OPERATIONS

Karen Garrett:

SENATE STATE & LOCAL GOVERNMENT

Michelle Gaskin:

HOUSE CONSUMER & HUMAN RESOURCES

Jess Hale:

HOUSE HEALTH SENATE HEALTH & WELFARE

Doug Himes:

HOUSE FINANCE, WAYS & MEANS

Elizabeth Insogna:

HOUSE CIVIL JUSTICE HOUSE CRIMINAL JUSTICE

Helen James:

HOUSE EDUCATION SENATE EDUCATION

Sean McMinn:

HOUSE GOVERNMENT OPERATIONS SENATE ENERGY, AGRICULTURE & NATURAL RESOURCES

Rachel Militana:

SENATE TRANSPORTATION AND SAFETY

Megan Moore:

HOUSE TRANSPORTATION SENATE FINANCE, WAYS & MEANS

Jamie Shanks:

HOUSE BUSINESS & UTILITIES HOUSE INSURANCE & BANKING

Tom Tigue:

HOUSE CRIMINAL JUSTICE SENATE JUDICIARY

23

AMENDMENT DRAFTING REQUESTS HOW DO I MAKE AN AMENDMENT DRAFTING REQUEST?



o Your name and contact information; o The name of the member for whom you are submitting the request; o The bill or resolution number of the bill or resolution to be amended; o Details on the desired changes or pre-drafted language; o The appropriate contact person if questions arise; and o The day and time when the bill or resolution will be heard.

Step 3: OLS will notify you when the request is complete and the location for pickup.

WHEN DO I MAKE AN AMENDMENT DRAFTING REQUEST? Amendment requests should be submitted as soon as possible after deciding that an amendment is needed. The substance of an amendment determines the amount of time that is needed to prepare it. It is very difficult to prepare a comprehensive amendment to a bill or resolution if the request is submitted a short period of time before the bill or resolution is considered by a committee or on the House or Senate floor. The preparation of amendments requires the time necessary to draft the amendment and to physically produce the amendment in proper form for filing with committees or the Clerk. OLS endeavors to complete all amendment drafting requests as soon as reasonably possible, while ensuring quality of the work product. To ensure quality and accuracy, each amendment must be reviewed according to the Amendment Checklist on the next page. This process takes time. When requesting amendments to bills or resolutions, please provide OLS with the bill or resolution number and the exact nature of the change. If the changes are extensive, it may be preferable to simply delete all sections of the introduced bill or resolution and rewrite the bill or resolution in the amendment. Please advise OLS if this is the member’s preference. WHAT IF I NEED AN AMENDMENT DRAFTED FOR A COMMITTEE MEETING? Some committees have amendment filing deadlines. You should speak with the office of the Chair of the respective committee concerning such deadlines. CAN I SUBMIT AN AMENDMENT DRAFTING REQUEST IN THE AMENDMENT OFFICE? The amendment office is staffed during floor sessions so that members can have amendments drafted for the floor calendar and delivered on the floor. However, amendment requests can still be made to the Main OLS Office, by phone, or email. The Main OLS Office can arrange for delivery of amendments to the floor. WHAT IF I HAVE AN APPROPRIATIONS (“BUDGET”) AMENDMENT DRAFTING REQUEST? Amendments to the General Appropriations Bill have filing deadlines with the Finance, Ways and Means Committee of each chamber. Please refer to the Appropriations Amendment flow chart immediately following this page for steps on submitting an appropriations amendment drafting request. A copy of the Appropriations Amendment Request Form is available on the OLS page of the Legislative Intranet or on page 25 of this guide.

24

AMENDMENT CHECKLIST

Is the sponsor’s name; the time and date of the amendment request’s submission; and contact infor-mation, in case of questions, recorded?


Is the objective of the amendment, as proposed by the sponsor, identified?


Does the amendment fall within the caption of the bill?

Is a preamble needed? If so, is it in correct form and location? Is there an enacting clause? Is it in the cor-rect form and location?

Is the directory language complete, accurate, and "reader friendly"?

Is the proper code and section designation system used? Are there at least two subsection or subdivision designations for each?

Has the amendment been reviewed for simplicity? Is short and familiar language used? Has unnecessary language been removed?

Has the amendment been reviewed for clarity? Does every pronoun have a clear antecedent? Are con-junctions used properly? Are concepts expressed positively? Is parallel sentence structure & active voice used?

Has the amendment been reviewed for facial consistency? Is correct spacing used (two spaces after desig-nations)?



Have commonly misused words been used correctly? Has archaic and outdated language been updated?

Are citations to federal and state law in the correct form?

Is there a definitions section, and if so, is it in the correct form? Is there a criminal offense, and if so, is it in the correct form?

Is a severability or reverse severability clause needed? Is a rules provision needed?

Is there an effective date section? Is the selected date appropriate?

Does other legislation conflict with the amendment? Have the conflicts been addressed?

Are internal code and amendment section references accurate?


Does the amendment ultimately accomplish its objective?

Are the appropriate boxes on the status sheet checked?

25

START: Has the appropriations bill been filed?

Request OLS to draft an appropriations amendment.

You may request that OLS draft an appropriations amendment at any time. However, OLS cannot supply the amendment until the appropriations bill has been filed.

Is the request to fund a general bill?

Complete the Appropriations Amendment Request Form on the next page.

Attach the relevant fiscal note for the bill, or the bill as amended, as the case may be.

Email the drafting request with the completed form to:

[email protected]; [email protected] (House Finance Attorney); [email protected] (Senate Finance Attorney); or

Deliver the drafting request with the completed form to WMB G-10.

OLS will contact you: (a) If the attorney needs more information; (b) If the bill does not require an appropriations amendment; or (c) When the amendment is ready for pick up.

Questions: Doug Himes (615) 741-9506 (House) or Megan Moore (615) 741-4858 (Senate)

Yes

No

Yes No

FINISH: Pick up four copies of the amendment:

One copy, for the prime sponsor to sign and file with the office of the Finance Committee Chairman of the prime sponsor’s chamber;

One copy, for the prime sponsor to keep; and

Two copies, for the prime sponsor’s office to deliver to the co-prime sponsor in the other chamber; one to sign and file with the office of the Finance Committee Chairman of the co-sponsor’s chamber, and one to keep.

APPROPRIATIONS AMENDMENT FLOW CHART

APPROPRIATIONS AMENDMENT REQUEST FORM

DATE: ________________________

MEMBER: ________________________

YOUR NAME: ________________________

PHONE NUMBER: ________________________

AMOUNT: ________________________

RECIPIENT: ________________________

RECIPIENT’S LOCATION: ________________________

CITY: ________________________

COUNTY: ________________________

PURPOSE: __________________________________________________________

DISBURSING AGENCY (Finance and Administration unless specified as follows):

___________________________________________________________________

SPECIAL INSTRUCTIONS _____________________________________________

___________________________________________________________________

For an appropriation amendment to fund a bill, please staple the most current fiscal note and any material relevant to the request

to this form and deliver it to WMB G-10 or

email it to [email protected].


27

ATTORNEY GENERAL OPINION REQUESTS

HOW DO I MAKE AN ATTORNEY GENERAL OPINION REQUEST?



o Your name and contact information; o The name of the member you are submitting a request for; o Details on the issue that the member wants to ask the Attorney General about;

and o The appropriate contact person if questions arise.

Step 3: OLS will notify you when the request is complete and the location for pickup.

WHEN DO I MAKE AN ATTORNEY GENERAL OPINION REQUEST?

An Attorney General opinion request may be made at any time, during and out of session. Normally, a member seeks an Attorney General opinion request when a question arises pertaining to the application of Tennessee statutes or the constitutionality of a bill or resolution being heard in committee or on the floor.

WHY IS THERE A DELAY BETWEEN MAKING THE REQUEST AND PICK UP? Preparing an Attorney General opinion request letter is an art because careful drafting is required to ensure that the Attorney General will answer the entirety of the member’s concerns. Research into the law and the background behind the request will be necessary, as well as proofing.

28

PROCLAMATION DRAFTING REQUESTS (MADE OUT OF SESSION)

HOW DO I MAKE A PROCLAMATION REQUEST?

Step 1: Complete the Proclamation Request Form in its entirety. It is available online on the OLS page of the Legislative Intranet, in WMB G-8, or on the next page.

Step 2: Include in the request, along with the completed form:

o Your name and contact information; o The name of the member for whom you are submitting the request; o The subject of and reason for the proclamation with background information; o If adding the signature of a member in the other chamber, a completed House

or Senate Proclamation Approval Form; and o The desired deadline for the proclamation.

Step 3: Submit the request in person at WMB G-8 or by email at [email protected].

Step 4: OLS will notify you when the request is complete and the location of pickup.

HOW DOES A PROCLAMATION DIFFER FROM A RESOLUTION? Unlike a resolution, which might be substantive, a proclamation is purely a memorializing or congratulatory document. A proclamation CANNOT proclaim days, weeks, or months as special holidays or designations. These designations must be adopted by a joint resolution or a general bill. Additionally, proclamations are NOT published in the same manner as resolutions. WHEN DO I MAKE A PROCLAMATION REQUEST? A proclamation may be requested year round, including out of session. WHAT IF MEMBERS OF THE OTHER CHAMBER WANT TO BE ADDED? A proclamation bears the signature of the respective Speaker and requesting members. To include a member of the other chamber on a proclamation, you must submit the Proclamation Approval Form with the signature of the respective Speaker. The Senate Speaker must approve the inclusion of a House member in a Senate Proclamation, and the House Speaker must approve the inclusion of a Senate member in a House Proclamation. Approval forms are available on the OLS page of the Legislative Intranet, in WMB G-8, and on pages 33 and 34 of this guide. WHY IS THERE A DELAY BETWEEN MAKING THE REQUEST AND PICK UP? OLS endeavors to complete all proclamation drafting requests as soon as reasonably possible, while ensuring quality of work product. To ensure quality and accuracy, each proclamation must be reviewed according to the Proclamation Checklist on the following page. This process takes time. OLS policy is to complete all requests of any type in the order that they are received, although priority will be given to general bills (over local bills, resolutions, and proclamations) closer to cut-off.

29

PROCLAMATION CHECKLIST

Is the sponsor’s name; the time and date of the request’s submission; and contact information, in case of questions, recorded?


Is the objective, as proposed by the sponsor, clearly identified?

Has the sponsor provided sufficient, accurate backup information?

Are the preamble clauses in the correct format and free of errors?

Does each preamble clause begin with the language “WHEREAS,”?

Does each preamble clause (except the final one) conclude with the language “; and”?

Does the final preamble clause conclude with the language “; now, therefore,”?

Is the correct proclaiming clause used? Is it accurate and free of errors? Is it in the correct location?


Has the proclamation been reviewed for simplicity? Is short and familiar language used? Has unneces-sary language been removed?

Has the proclamation been reviewed for clarity? Does every pronoun have a clear antecedent? Are con-junctions used properly? Are concepts expressed positively? Is active voice used?

Has the proclamation been reviewed for facial consistency? Is correct spacing used?




Are pronouns used correctly and do they reflect the appropriate gender?

Are all proper nouns accurate and correct?

Does the proclamation ultimately accomplish its objective?

Are the proclamation signature lines accurate and correct?

Has the required Speaker approval been obtained for a joint proclamation?

30

PROCLAMATION DRAFTING REQUESTS (MADE OUT OF SESSION)

HOW DO I FILE THE PROCLAMATION? Step 1: Notify the appropriate Engrossing Clerk to prepare a presentation copy by giving the

Engrossing Clerk the drafting number located in the lower right-hand corner.

Step 2: Deliver the drafting number to the appropriate Chief Clerk to get the proclamation printed and then signed by the appropriate Speaker.

Step 3: Have all of the members cited in the proclaiming clause sign the proclamation.

PROCLAMATION REQUEST FORM

A "Proclamation" is a memorializing or congratulatory document that may be requested year round. There are two types of proclamations: House Proclamations and Senate Proclamations. Neither House nor Senate Proclamations can proclaim days, weeks, or months as special holidays or designations. These designations must be adopted by a joint resolution or a general bill during session. A proclamation bears the signature of the respective Speaker and requesting members. Proclamations are not published in the same manner as resolutions.

Please complete all sections of this form.

MEMBER (who will be signing): _____________________________________________

*ADDITIONAL MEMBER(s) signing: __________________________________________

*If Members of both chambers are signing, then a Speaker's Approval Form must be completed.

YOUR NAME: ____________________________________________________________

YOUR PHONE NUMBER: ___________________________________________________

TODAY’S DATE: __________________________________________________________

TYPE OF REQUEST (please check appropriate box):

House Proclamation Senate Proclamation SUBJECT OF REQUEST (include name of person or entity to be honored): ________________________________________________________________________ ________________________________________________________________________ REASON FOR REQUEST (please check appropriate box):

Anniversary Special Event

Birthday Sporting Achievement

Death Valedictorian or Salutatorian

Professional Achievement Other: _______________________________

Retirement _____________________________________

Please complete a separate form with attachments for each requested proclamation.

Please staple forms & attachments together (clips fall off). Please do not use this form for bills, resolutions or amendments.


Deliver form with attachments to WMB G-8 or

Email form with attachments to [email protected]

BETH HARWELL SPEAKER OF THE HOUSE

OF REPRESENTATIVES

19 LEGISLATIVE PLAZA NASHVILLE, TENNESSEE 37243-0181

TELEPHONE (615) 741-0709

108th GENERAL ASSEMBLY

109th General Assembly State of Tennessee

HOUSE PROCLAMATION APPROVAL FORM

To: Jacqueline Nash

From: Speaker of the House Beth Harwell

Subject: Senator(s) to be added to House Proclamation

Approval has been granted for the inclusion of the following Senate Member(s) to a

House Proclamation.

House sponsor: _________________________________________

Senate member(s) to be added: _________________________________________

_________________________________________

_________________________________________

Subject of proclamation: _________________________________________

_______________________________________________________________________

_______________________________________________________________________

______________________________

Beth Harwell

Speaker of the House

______________________________

Date

RON RAMSEY SPEAKER OF THE SENATE

ONE LEGISLATIVE PLAZA

NASHVILLE, TENNESSEE 37243-0026 TELEPHONE (615) 741-4524

Deliver this completed form to WMB G-8.

BETH HARWELL SPEAKER OF THE HOUSE

OF REPRESENTATIVES

19 LEGISLATIVE PLAZA NASHVILLE, TENNESSEE 37243-0181

TELEPHONE (615) 741-0709

108th GENERAL ASSEMBLY

109th General Assembly State of Tennessee

SENATE PROCLAMATION APPROVAL FORM

To: Jacqueline Nash

From: Lieutenant Governor Ron Ramsey

Subject: Representative(s) to be added to Senate Proclamation

Approval has been granted for the inclusion of the following House Member(s) to a

Senate Proclamation.

Senate sponsor: _________________________________________

House member(s) to be added: _________________________________________

_________________________________________

_________________________________________

Subject of proclamation: _________________________________________

_______________________________________________________________________

_______________________________________________________________________

______________________________

Ron Ramsey

Speaker of the Senate

______________________________

Date

RON RAMSEY SPEAKER OF THE SENATE

ONE LEGISLATIVE PLAZA

NASHVILLE, TENNESSEE 37243-0026 TELEPHONE (615) 741-4524

Deliver this completed form to WMB G-8.

34

TENNESSEE LEGISLATIVE GLOSSARY

ABSTRACT (contrast with CAPTION) An abstract is a brief summary of an introduced bill or resolution (not part of the bill or resolution) that is prepared

by OLS. Abstracts are made public in the Bill Tracking Program but do not reflect adopted amendments until final passage.

ACT An act is a law enacted by the legislature, and either signed by the Governor or allowed to become law after ten days without the Governor's signature.

ADJOURNMENT An adjournment is the termination of session for that day after setting the hour and the day of the next meeting.

AMENDMENT An amendment is the modification of a bill or resolution by adding or deleting language.

APPROPRIATIONS ACT An appropriations act is an act that appropriates money from the state treasury for a fiscal year to implement the state operating budget. Money may be provided for other items of expenditure, for example local projects.

APPROPRIATIONS BILL An appropriations bill is a bill that appropriates money from the state treasury for a fiscal year. Money may be provided for other items of expenditure through amendments to this bill but must be in the form specified in Tenn. Code Ann. § 9-4-5106.

BILL A bill is proposed legislation introduced to enact a new law or to change or to repeal an existing law.

BILL TRACKING PROGRAM (“BILL TRACKING”) The Bill Tracking Program is the program operated by LIS that is only made available to the members and staff of the General Assembly and provides information on filed legislative documents including bill summaries, abstracts, legislative history, and fiscal memos and notes.

BUDGET The budget is the financial plan of the state for the next fiscal year. The budget document has three parts:

1. A budget message by the Governor and a schedule on tax exemptions; 2. Detailed budget estimates both of expenditures and revenues; performance measures and standards; a statement of the bonded indebtedness of the state government; and 3. Complete drafts of the budget bills, that is, the legislative measures required to give legal sanction to the

financial plan when adopted by the General Assembly. Tenn. Code Ann. § 9-4-5106.

BUDGET BILLS The budget bills include an appropriation bill that authorizes, by spending agencies and by funds, all expenditures

of the state government for the next fiscal year. Other bills may be required to provide the revenues necessary to finance the budget. Other bills include a bond bill, and, when necessary, an indexing bill and a budget implementation bill that makes substantive changes to statutes that are needed to implement the appropriations act. Tenn. Const. Art. II § 24.

PRIVATE ACT A private act applies to a limited area or subdivision of government.

PUBLIC ACT A public act applies to the entire state or is of a general nature with local application.

INTRODUCED The original bill is the bill as introduced and used throughout the legislative process until engrossed.

ENGROSSED An engrossed bill is a bill as passed by a chamber with corrections or adjustments made through amendments.

ENROLLED An enrolled bill is a bill as finally passed by both chambers and prepared for signature of the presiding officers of both chambers and transmittal to the Governor for signature or veto.

PREFILED A bill filed between legislative sessions with the Chief Clerk of either chamber. Prefiled bills are numbered and printed in preparation for the session.

35


CALENDAR The calendar is the list of bills and resolutions to be considered by a chamber or committee.

CAPTION (contrast with ABSTRACT) The caption is the part of the bill that appears above the enacting clause. The caption details the subject matter and scope of the bill, either by language or by code cites, or by both. A bill's content cannot be any broader than its caption. Tenn. Const. Art. II, §§ 17 and 20.

CATCHLINE The catchline is the boldface language between the section number and the section material in the Code, providing a brief description of the material in the section. It is prepared by the publisher of the Code and is not part of the statute. Therefore, it can not be amended or deleted in a bill.

CHAMBER AUTOMATION Chamber Automation is a computer program operated by LIS that tracks actions taken on bills and resolutions during committee meetings and floor sessions. This program is not made available to the public.

CHIEF CLERK The Chief Clerk is a non-member selected by the Speaker of each chamber to serve as its administrative officer.

COMMITTEE A committee is a group of legislators of one or both chambers (if both chambers, then it is called a joint committee) that conducts studies or makes recommendations.

COMPANION BILL

Tennessee is a "companion bill state," meaning that to become law, identical bills must be introduced, and, if amended, the bills must be passed in the same form in both chambers. After introduction, the two bills go through the committee system in both chambers. After the first chamber passes the bill, it goes to the other chamber where it is held on the desk in the second chamber. When the bill is called up on the second chamber’s calendar, the bill in the second chamber is conformed to the bill which passed the first chamber and that bill is substituted for the bill in the second chamber. For example, if the House passes the bill first, then the bill is sent to the Senate. Once the Senate bill arrives for floor action, the bill, as passed by the House, is substituted for the Senate bill. The Senate then acts on the bill as passed by the House.

CONFERENCE COMMITTEE REPORT When the Senate and House are unable to agree on the final version of a bill, a conference committee consisting of members from each chamber may be appointed. The report that the committee creates will detail the amendments that will be kept, those that will be deleted, and new amendments to be included. OLS drafts the final report and any minority reports.

CONSENT CALENDAR The consent calendar is the bill calendar used to allow rapid floor consideration for final passage of noncontroversial bills and resolutions.

REGULAR CALENDAR The regular calendar is the written calendar (list of bills to be considered for third reading) required to be posted in the Senate at least twenty-four hours prior to consideration by the Senate or in the House at least forty-eight hours prior to consideration by the House. Senate rules limit the Senate calendar to fourteen general bills, plus holdovers, while House rules place the maximum at twenty-five, including any bills held over from previous calendars or any bills set by special order and excluding only those bills "bumped" or objected to on a consent calendar.

CONFERENCE COMMITTEE A conference committee is a committee composed of members of both chambers created to resolve differences in a bill when one chamber does not concur in amendments made by the opposite chamber which refuses to recede from its action. Members are appointed by the Speaker of each chamber. Most conference committees are appointed at the end of session. A conference committee may not be appointed or may not meet even if appointed.

SELECT (AD HOC OR STUDY) COMMITTEE

A select committee is a committee established temporarily by the Speaker of a chamber composed of members of that chamber for a designated purpose.

STANDING COMMITTEE Senate and House standing committees function during session and may function between legislative sessions. Depending on a committee’s subject matter jurisdiction, as defined by rule, the committee conducts public hearings on proposed legislation, conducts studies, makes reports and recommendations, reviews proposed legislation, and reviews proposed administrative rules.

36


CONSTITUTIONAL AMENDMENTS Constitutional amendments are proposed amendments to the Tennessee Constitution. Tenn. Const. Art. XI, § 3.

CUT-OFF Following the tenth legislative day of an annual session, general bills may not be introduced in either chamber without permission of the Delayed Bills Committee.

DELAYED BILLS COMMITTEE The Committee on Delayed Bills is a select committee established in both the Senate and the House of Representatives. The committee is composed of the Speaker, the majority floor leader and the minority floor leader, and meets at the call of the Speaker. The committee determines if legislation introduced after the filing deadline will be considered. Senate Rule 76(3) and House Rule 77.

DRAFTING NUMBER The drafting number is a unique number and barcode that is assigned to each bill that is drafted through OLS. This information appears at the bottom right hand corner of each page of a drafted bill.

EFFECTIVE DATE The effective date is the exact date that the legislation would go into effect as law with the passage of the bill.

ENACTING CLAUSE Tenn. Const. Art. II, § 20 requires that the laws of this state include the language: “BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE.”

EXECUTIVE ORDER An executive order is a written document issued by the Governor to effectuate a purpose over which the Governor has authority.

FISCAL MEMO A fiscal memo is a document prepared by Fiscal Review that details the fiscal impact of an amendment. The draft code of the affected amendment will be listed on the memo.

FISCAL NOTE A fiscal note is a document prepared by Fiscal Review that details the fiscal impact of a particular piece of legislation. A fiscal note is issued for each general bill and substantive resolution.

FISCAL REVIEW COMMITTEE ("FISCAL REVIEW") The Fiscal Review Committee is a statutorily created special continuing oversight committee of the General Assembly. The committee is composed of six senators and nine representatives, elected by members of each chamber respectively. In addition, the Speaker of each chamber and the Chair of the Finance, Ways and Means Committee of each chamber serve as ex officio members. Fiscal Review employs staff that perform various responsibilities, one of which is to prepare fiscal notes and memos for all general bills or resolutions that have a fiscal effect on state or local government. Tenn. Code Ann. Title 3, Chapter 7.

FISCAL YEAR A fiscal year is the twelve-month period for which appropriations, budgets, and financial reports are generally made. The state's fiscal year commences on July 1 and ends the following June 30.

FLOOR SESSION A floor session is when members of the House of Representatives and the Senate meet on the floor of the members’ respective chambers.

GENERAL BILL OF LOCAL APPLICATION A general bill of local application is a regular bill that applies to a limited area or subdivision of government but does not require approval at the local level.

JACKET A jacket is the cover for a bill or resolution, which differs based on the chamber of introduction and type of document.

JOURNAL The journal is a daily published record of the proceedings of each chamber.

LEGISLATIVE DAY A legislative day is any day that the House or Senate has a floor session. Legislative days for the Senate and House are counted independently from those of the other chamber.

37


LINE ITEM VETO A line item veto is the power exercised by the Governor to veto specified items (single amounts of money) of an appropriation bill, while signing the remainder of the bill into law.

LOCAL BILL A local bill is a bill that applies to a limited area or subdivision of government and requires approval at the local level.

MAJORITY A constitutional majority is seventeen votes in the Senate and fifty votes in the House.

PROCLAMATION A proclamation is a memorializing or congratulatory document that may be requested year round. There are two types of proclamations: Senate Proclamations and House Proclamations. Neither a House nor a Senate Proclamation can proclaim days, weeks, or months as special holidays or designations. These designations can only be adopted by joint resolution. A proclamation bears the signature of the respective Speaker and requesting member.

RESOLUTION Although most often memorializing or congratulatory, resolutions are also the vehicle document for a number of special items, including, for example, constitutional amendments, joint conventions, legislative procedures including extended recess and final adjournment, creation of study committees, confirmation of appointments to state boards and commissions, and statements of policy. Resolutions differ from bills in that they do not have the force and effect of law. There are four types of resolutions: House, Senate, House Joint, and Senate Joint. The type of resolution is determined and can be identified by its resolving clause language; joint resolutions must pass both chambers to be adopted, House Resolutions and Senate Resolutions do not.

ROLL TO THE HEEL Roll to the heel is a phrase commonly used in committee or on the floor by a member to ask that the bill or resolution currently being considered be moved to the end of the calendar.

SESSION Depending on its usage, “session” may refer to the entire annual meeting of the General Assembly or to the daily meeting of one or both chambers, (i.e. the House is in session). A General Assembly is held over a two-year period with members receiving pay for only ninety legislative days combined. The first year of a General Assembly is officially referred to as the First Regular Session of the (—-)th General Assembly and the second as the Second Regular Session of the (—-)th General Assembly. Tenn. Const. Art. II, § 23.

SINE DIE ADJOURNMENT Sine die adjournment is the final adjournment at the completion of a two-year General Assembly.

SUSPENSION OF THE RULES Suspension of the rules is parliamentary procedure whereby actions can be taken that would otherwise be out of order. A two-thirds vote of each body present and voting is required to adopt a motion to suspend the rules.

YIELD A yield is the relinquishing of the floor to another member to speak or ask a question.

ORGANIZATIONAL SESSION Tenn. Const. Art. II, § 8 requires the General Assembly to convene on the second Tuesday of January in an odd-numbered year in organizational session. An organizational session cannot exceed fifteen days. Although bills may be introduced, no legislation can be passed on third and final reading during organizational session. Organizational activities include election of respective House/Senate presiding officials, election of constitutional officers, and usually committee Chair appointments and committee membership assignments. Every four years, inauguration of the Governor occurs during organizational session. Immediately upon adjournment of the organizational session, the General Assembly convenes the regular session and traditionally takes a recess of one or two weeks. There is no organizational session in even-numbered years, which marks the beginning of the second regular session of a General Assembly.

SPECIAL SESSION A special session may be called by the Governor, Tenn. Const. Art. III, § 9, or by the Speakers, upon petition of two-thirds of the members in each chamber, Tenn. Const. Art II, § 8. It is restricted to matters specifically enumerated in the call. A special session can be called during a regular session, whereby the regular session is recessed until completion of the special session. Members may be paid for only thirty legislative days of a special session. Special sessions are officially referred to as Extraordinary Sessions.

2015

LEGISLATIVE

DRAFTING GUIDE

Our Mission:

To provide to the members of the general assembly legal

analysis and advice; as well as research, drafting,

library, and codification services; all in a professional,

confidential, and non-partisan manner.

OFFICE of

LEGAL

SERVICES

© 2014 by Office of Legal Services, Tennessee General Assembly. All rights reserved

November 1, 2014.

Upon request, OLS will provide an outside drafter with an

electronic template to use when drafting.

Requests for electronic templates or any questions regarding formatting

legislation should be sent to:

Brian Heath, [email protected]

Sandra Whitmore, [email protected]

If you have questions regarding the Tennessee Code Commission,

please contact:

Paige Seals, [email protected]

If you have other questions regarding this guide, please contact one of

the following:

Joseph Barnes, [email protected]

Anastasia Campbell, [email protected]

Megan Moore, [email protected]

Jamie Shanks, [email protected]

mailto:[email protected]?subject=Formatting%20Inquiry

mailto:[email protected]?subject=Formatting%20Inquiry

mailto:[email protected]?subject=Tennessee%20Code%20Commission%20Question

mailto:[email protected]?subject=Drafting%20Guide




TABLE OF CONTENTS

INTRODUCTION

DRAFTING GUIDE .......................................................................................................................................... 1

DRAFTER’S CHECKLIST............................................................................................................................... 1

OFFICE OF LEGAL SERVICES ..................................................................................................................... 1

TENNESSEE CODE COMMISSION ............................................................................................................... 1

DRAFTING BILLS

PREPARATION .............................................................................................................................................. 2

(a) FILING DEADLINES………….………… ..................................................................................... 2

(b) PURPOSE ................................................................................................................................... 2

(c) RESEARCH ................................................................................................................................ 2

(d) ORGANIZATION ........................................................................................................................ 3

DRAFTING ..................................................................................................................................................... 4

(a) ELECTRONIC FORMAT ............................................................................................................ 4

(b) CORRECT VERSION ................................................................................................................. 5

(c) CAPTION .................................................................................................................................... 5

(d) PREAMBLE ................................................................................................................................ 8

(e) ENACTING CLAUSE .................................................................................................................. 8

(f) DIRECTORY AND AMENDATORY LANGUAGE ..................................................................... 9

(g) DESIGNATION SYSTEMS ......................................................................................................... 13

(h) PLAIN LANGUAGE .................................................................................................................... 16

(1) Simplicity ............................................................................................................................. 16

(2) Clarity ................................................................................................................................... 17

(3) Consistency ........................................................................................................................ 18

(i) FORM AND STYLE GUIDELINES .............................................................................................. 19

(1) Names of Departments....................................................................................................... 19

(2) Capitalization ...................................................................................................................... 20

(3) Numerals ............................................................................................................................. 21

(4) Punctuation ......................................................................................................................... 23

(5) Other Guidelines ................................................................................................................. 26

(j) COMMONLY MISUSED WORDS .............................................................................................. 28

(k) ARCHAIC AND OUTDATED LANGUAGE ................................................................................ 29

(l) REFERENCING .......................................................................................................................... 29

(m) DEFINITIONS ............................................................................................................................. 32

(n) CRIMINAL OFFENSES .............................................................................................................. 33

(o) SEVERABILITY .......................................................................................................................... 34

(p) RULES ........................................................................................................................................ 34

(q) EFFECTIVE DATE ...................................................................................................................... 35

TABLE OF CONTENTS

DRAFTING BILLS (continued)

REVIEW………. ........................................................................................................................................ 37

(a) EDITING……………………………………………………………………………… ...................... 37

(b) DRAFTER’S CHECKLIST……………………………………………………………..……… ....... 37

(c) OTHER LEGISLATION………………………………………………………………………………37

DRAFTING AMENDMENTS

PREPARATION ........................................................................................................................................ 38

(a) FILING DEADLINES ................................................................................................................ 38

(b) ALTERATIONS TO THE BILL ................................................................................................ 38

DRAFTING ............................................................................................................................................... 39

(a) FORMAT .................................................................................................................................. 39

(b) DIRECTORY LANGUAGE ...................................................................................................... 39

(c) CAPTION ................................................................................................................................. 40

(d) OTHER AMENDMENTS .......................................................................................................... 40

REVIEW .................................................................................................................................................... 41

(a) EDITING ................................................................................................................................... 41

(b) DRAFTER’S CHECKLIST ....................................................................................................... 41

OTHER INFORMATION

SAMPLE BILL .......................................................................................................................................... .42

BILL FORMATTING INSTRUCTIONS ..................................................................................................... .43

SAMPLE AMENDMENT ........................................................................................................................... .44

RULES OF STATUTORY CONSTRUCTION ........................................................................................... .45

(a) LEGISLATIVE INTENT…………………………………………………………….…………………45

(b) AMBIGUITY………………………………………………………………………….………………...45

(c) JUDICIAL PRESUMPTIONS…………………………………………………….…………………..45

(d) CONSTRUCTION IN FAVOR OF CONSTITUTIONALITY……………….………………………46

(e) SPECIFIC/GENERAL………………………………………………………………………………...46

(f) IN PARI MATERIA…………………………………………………………………………………….46

(g) DILLON’S RULE………………………………………………………………………………………46

(h) “INCLUSIONARY” RULE OF CONSTRUCTION…………………………………………………47

DRAFTER’S CHECKLIST.. ...................................................................................................................... .48

1

INTRODUCTION

DRAFTING GUIDE

This guide is intended to assist drafters in preparing bills and amendments for consideration by the Tennessee General Assembly. It is not intended to be a comprehensive treatise on the subject of legislative drafting. Examples are provided throughout this guide to aid drafters. However, because of margin constraints, not all examples are in 11 font or double spaced as would be required in a draft. There are also times when emphasis is added to examples by underlining. Near the end of this guide are guidelines on proper font and word processing features applicable to legislation. The information contained in this guide reflects the current practice of the Office of Legal Services as of November 1, 2014, and replaces all previous drafting guides. OLS's practices and procedures, including preferred form and style guidelines, are updated annually.

DRAFTER'S CHECKLIST

There is a Drafter's Checklist at the end of this guide. Each item on the checklist is linked to the location in the guide where a more detailed discussion of the subject may be found. The checklist is intended to encourage thoroughness in drafting and reviewing legislation.

OFFICE OF LEGAL SERVICES

The Office of Legal Services (OLS) is created by Tenn. Code Ann. § 3-12-101. OLS attorneys draft legislation on a nonpartisan basis for members of the general assembly. Additionally, OLS attorneys review proposed legislation as to form and style prior to its filing. While performing these duties, OLS attorneys maintain an attorney-client relationship with respect to communications between a member of the general assembly and the OLS attorney.

TENNESSEE CODE COMMISSION

The Tennessee Code Commission (the commission) is responsible for the publication of the Tennessee Code Annotated (the code). The commission's role is limited by Tenn. Code Ann. § 1-1-108, which prohibits the commission from altering the sense, meaning, or effect of any act of the general assembly, and requires the commission to copy the exact text of the public chapters. Although the commission is authorized to "correct manifest misspelling and typographical errors," the commission narrowly interprets this power. Every effort is made by OLS attorneys in their capacities as drafters, reviewers, and committee staff to correct any deficiencies.

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DRAFTING BILLS

PREPARATION

(a) FILING DEADLINES

(1) Drafters should be aware of the various filing deadlines for each house of the general assembly. In preparation for filing, each bill is entered into the general assembly's electronic database by OLS and assigned a barcode for proper identification by each clerk's office. OLS is required by Tenn. Code Ann. § 3-12-101(5) to “review all proposed legislation as to form and style, prior to its introduction.” The weeks leading up to the bill filing deadlines are extremely busy. As filing deadlines approach, the time available for OLS review is limited. Drafters are strongly encouraged to work with OLS well in advance of the bill filing deadlines to allow adequate time to ensure a quality bill and to reduce the need for amendments after a bill is filed.

(2) Drafters may find, due to unavoidable circumstances, that the final draft of a bill is not ready by a filing deadline, and the drafter may need to use a bill that will require an amendment to incorporate the final draft. A bill that requires an amendment should include substantive content that is relevant to the anticipated amendment. If the drafter makes only cosmetic changes of no substance to the code in the body of a filed bill, then the question may arise as to whether the body provides notice of a bill's content sufficient to comply with the Constitution of Tennessee, Article II, § 17.

(b) PURPOSE

The first and most important step in preparing a bill is to gain a thorough understanding of what the legislation is intended to accomplish. Generally, the purpose of legislation is to direct behavior. The legislation will either prohibit, authorize, or require some form of behavior. In addition to these three directives, the legislation may set forth conditions under which a directive applies and consequences for failure to follow a directive. A drafter should strive to be as specific as possible when setting forth these directives, conditions, and consequences, as generality may lead to ambiguity and confusion.

(c) RESEARCH

(1) The second step is to conduct the research necessary to ensure a sound bill. This research should include a thorough review of relevant state and federal constitutional provisions to determine the constitutionality of the proposed bill. Additionally, research should include a review of relevant state and federal statutes, regulations, and case law. Tennessee courts presume that when the general assembly enacts laws, it: (1) knows the "state of the law," including common law affecting the subject matter; (2) is aware of and has considered its own previous enactments; and (3) is aware of how the courts have interpreted enacted statutes. Therefore, a complete understanding of the legal context of any proposed bill is required before drafting.

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(2) If a drafter prepares a bill prior to the annual update of the code, then the

drafter will need to review the research and drafting after the annual update. The code commission updates the code every year to include changes that were made in the prior legislative session. During codification, not only will new law be integrated into the code, but changes may be made that alter designations. Tenn. Code Ann. § 1-1-108(a) authorizes the code commission to “rearrange, regroup and renumber the titles, chapters, sections and part sof sections of the statutes, codes and code supplements.” Updating any research and legislation drafted prior to the code commission's annual update is required to verify that the language in the bill accurately amends the current code.

(d) ORGANIZATION

The third step in preparing to draft a bill is to develop a plan for logically and sys-tematically organizing and arranging the proposed content, such as an outline, time-line, chart, or other organizational aid. For legislation that is more complex, working

with a thoughtfully conceived plan will promote clarity, consistency, and accuracy.

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DRAFTING

(a) ELECTRONIC FORMAT

(1) If possible outside drafters should, submit an electronic version of a bill to OLS in Microsoft Word. When electronic drafts are submitted in Microsoft Word, the process of entering the bill into the general assembly's electronic database is expedited, and the potential for error when retyping or scanning a bill is eliminated.

(2) Upon request, OLS will provide an outside drafter with an electronic template to use when drafting. Requests for electronic templates should be sent to Sandra Whitmore, [email protected], or Brian Heath, [email protected].

(3) If the OLS template is not used, the following guidelines should be followed:

(A) The bill should only be in Arial 11 font;

(B) The bill should be double spaced, except for the caption of the bill, which should be single spaced;

(C) Italic font should only be used if required for a subdivision designation;

(D) Bold font should not be used, except as otherwise provided in this guide;

(E) The "indent" and "tab" format in the example below should be followed;

(F) "Left justification" should be used;

(G) There should be no headers, footers, footnotes, margin changes, or other similar word processing features; and

(H) Two spaces should be placed between the section and the beginning of text, and between a subsection or subdivision designation and the beginning of text.

(4) For additional help, please review the SAMPLE BILL and the BILL FORMATTING INSTRUCTIONS located near the end of this guide.

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(b) CORRECT VERSION

(1) When an OLS attorney and an outside drafter are both working on editing a bill, it is important to ensure that the most recent version is being edited; otherwise, edits and corrections previously made by OLS may be lost and not reflected in subsequent drafts, causing OLS to perform duplicate formatting and review. Any drafts of bills should be saved with an updated name reflecting the most recent version of the draft before transmittal.

(2) The OLS attorney may be able to provide an outside drafter with a final PDF version of the bill. However, PDF versions that contain barcodes are treated as jacketed bills or amendments ready to be filed with the applicable chief clerk. Therefore, PDF versions containing barcodes are only provided to outside drafters if the legislator or the legislator's staff give express permission.

(c) CAPTION

(1) The Constitution of Tennessee, Article II, § 17, requires that all bills contain a caption. Drafting a caption is one of the most important parts of the initial drafting process because the caption cannot be amended after the bill is filed. The following is an example of a caption:

(2) The first portion of a caption contains the code provisions, or the public or private chapters, that a bill amends, or that may be amended in order to carry out the purpose of the bill. The code provisions should be set out as title, chapter, and part. However, if amending a section and only that specific section should be in the caption, then the section number should be used in the caption and not "title, chapter, part."

(A) When drafting a caption, the drafter should conduct an electronic code search to find any cross-references in the code to the provision or provisions that are amended by the bill. If the text in the cross-referenced code provisions needs to be amended in order to be consistent with the bill's text, then the drafter must include the cross-referenced code provisions in the caption.

AN ACT to amend Tennessee Code Annotated, Title 45, relative to banks and financial institutions.

CORRECT: AN ACT to amend Tennessee Code Annotated, Title 10,

Chapter 4, Part 5, relative to public records. CORRECT: AN ACT to amend Tennessee Code Annotated, Section 10-7-503, relative to public records. CORRECT: AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 2, relative to taxation of income received from stock dividends and interest on bonds. INCORRECT: AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5, Section 301, relative to public records.

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(B) If the bill removes a code provision, then cross-references to the code provision must also be removed. A drafter should perform an electronic text search in the code for the citation. Because an electronic search of a citation may not catch references to the subject of a deleted section, the drafter should also conduct a search of any subject references in the code and include any applicable code provision containing the subject reference in the caption.

(C) Title 4 should be included in the caption of a bill if the bill pertains to an entity that is subject to sunset review or creates a new entity that may be subject to sunset review.

(3) The Constitution of Tennessee, Article II, § 17, requires that a bill contain only one subject. Although there are various acceptable phrases that may be used to introduce the subject, the most common phrase is “relative to."

EXAMPLE

Amendatory Language of the Bill:

Tenn. Code Ann. § 3-15-201, is amended by deleting the section in its entirety.

Search of Citation Would Catch:

The select committee on children and youth created by § 3-15-201…..

Search of Citation Would Not Catch:

The select committee on children and youth shall be responsible for….

This Additional Subject Search Required:

“select committee on children and youth”

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(A) When drafting the subject, a drafter may find that words describing what the bill is about, rather than what the bill does, most helpful. Because bills are often amended, a statement of what a bill is about is more likely to remain accurate than a statement of what the bill does.

(B) Conjunctions, such as "and" or "or," should be avoided in describing the subject of the bill because conjunctions suggest a violation of the one subject requirement. However, a conjunction may be used when the phrase that includes the conjunction describes only one subject.

(4) A drafter should give consideration to whether the caption should be broad or narrow in context of the subject matter that the bill addresses and the legislative environment. Specifically, a drafter may need to address the potential of unwanted amendments by limiting the scope of the code provisions set out in the caption or by narrowly tailoring the subject.

NARROW SUBJECT

(bill does):

relative to requiring state agencies to

sell surplus motor vehicles at public

MULTIPLE SUBJECTS:

insurance and criminal offenses

food safety and automobiles

SINGLE SUBJECT:

dependent and neglected children

sales and use taxes

BROAD SUBJECT

(bill is about):

relative to the disposition of surplus

motor vehicles owned by state agencies

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(d) PREAMBLE

(1) A preamble is not a required part of the bill. Generally, a preamble is used to demonstrate the legislature's intent. If a preamble is used, it does not become part of the enacted law and is not codified. The preamble is placed between the caption and the enacting clause. When drafting a preamble, each clause should begin with "WHEREAS," and end with “; and”, except the final clause, which ends with “; now, therefore,”. The following is an example of the format of a preamble:

(2) There are times when a drafter seeks to include a legislative intent statement. A legislative intent statement may be included in a preamble. The drafter should exercise extreme care when including a legislative intent statement in a bill because the statement may be used by the courts to interpret the statute or may include representations that could generate litigation.

(e) ENACTING CLAUSE

The enacting clause is required by the Constitution of Tennessee, Article II, § 20, and must be written as follows:

WHEREAS, throughout the years, the intrepid and valiant members of the United

States Armed Forces have continued to inspire our confidence, loyalty, and support; and

WHEREAS, from Valley Forge to Iraq, Afghanistan, and the war-torn nations of Africa,

Eastern Europe, and the Middle East, our armed forces have unselfishly paid the price of

freedom for their friends and families and for all of us; and

WHEREAS, it is most appropriate that we should honor those courageous men and

women who have made many sacrifices to preserve the blessed freedoms we enjoy today

and that our progeny will hopefully continue to cherish for generations to come; and

WHEREAS, this General Assembly wishes to name the remaining portion of U.S.

Highway 27 in the City of Dayton and Rhea County that is not otherwise designated in

memory of those brave sons and daughters who sacrificed personal concerns and their

safety, with many of them giving their lives, so that we may enjoy the many bounties of

democracy and the American way of life; now, therefore,


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(f) DIRECTORY AND AMENDATORY LANGUAGE

(1) The body of legislation is composed of directory language and amendatory language. The directory language of a bill directs the reader to the applicable code provision that is being amended and describes how the code provision is to be amended.

(A) There are various ways to draft directory language. The following are examples:

(B) The purpose of a bill and the directory language may be to direct that a code provision be removed. There are various ways to remove a code provision.

(i) A code provision may be removed by stating "the provision is hereby repealed." This method of removing a code provision is sometimes referred to as "an express repeal." If expressly repealing a code provision, the Constitution of Tennessee, Article II, § 17, requires that "repeal" be set out in the caption. However, if "repeal" is set out in the caption, the bill may only be used: (1) to repeal; or (2) to repeal and amend cross-references to the repealed provision. The bill may not be used to amend other code provisions.

(ii) A code provision may be removed by altering it or amending it. If “deleting the code provision and substituting instead,” then the Constitution of Tennessee, Article II, § 17, requires that “to amend” be set out in the caption.

Tennessee Code Annotated, Section 50-6-623, is amended by deleting the section in

its entirety.

Tennessee Code Annotated, Section 3-6-306(a)(1)(A), is amended by deleting the

language “twenty-five dollars ($25.00)” and substituting instead the language “fifty dollars

($50.00)”.

Tennessee Code Annotated, Title 12, Chapter 4, Part 1, is amended by adding the

following language as a new, appropriately designated section:

Tennessee Code Annotated, Section 4-29-233(a), is amended by deleting subdivision

(2) in its entirety.

Tennessee Code Annotated, Section 4-29-235(a), is amended by adding the following

as a new, appropriately designated subdivision:

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(C) Directory language should always be "reader friendly"; that is, presented in a manner that facilitates an efficient and clear understanding. For example, only code provisions that contain changes should be re-written, so that readers are not required to scan through several pages when fewer pages would suffice. However, re-writing only the smallest subdivision of a section may not be "reader friendly" when related subdivisions or introductory text could show how changes to the law are being made. Using entire sections or subsections is preferred, except where the length of the section or subsection makes this impractical or inappropriate.

(iii) A code provision may also be removed by deleting the code provision in its entirety. The practice has been that if "deleting without substitution," then, "to amend" should be set out in the caption.

(iv) A general repealing clause, such as "all acts or parts of acts in conflict with this section are hereby repealed," is a greatly disfavored form of drafting, as the clause lacks express direction to the public or a court. A general repealing clause does not direct the commission to codify a repeal of, or to delete, any additional code provisions; therefore, the public and the courts are left to determine the exact provisions of law the general assembly intended to remove. If an existing law needs to be deleted, the drafter should expressly repeal the law, delete by substitution, or delete without substitution.

READER FRIENDLY

Tennessee Code Annotated, Section 39-15-208(a), is amended by deleting the

subsection and substituting the following:

(a) It is unlawful for any person, agency, corporation, partnership or

associations to engage in medical experiments, research, or the taking of

photographs upon an aborted fetus without the prior knowledge and consent of the

mother and father, if the father is known.

NOT READER FRIENDLY

Tennessee Code Annotated, Section 39-15-208(a), is amended by adding the

language "and father, if the father is known" to the end of the subsection.

11

NOT READER FRIENDLY

Tennessee Code Annotated, Section 39-15-208, is amended by deleting the section

and substituting the following:

(a) It is an offense for any person, agency, corporation, partnership or association to

engage in medical experiments, research, or the taking of photographs upon an aborted

fetus without the prior knowledge and consent of the mother and father, if the father is

known.

(b) No person, agency, corporation, partnership or association shall offer money or

anything of value for an aborted fetus; nor shall any person, agency, corporation,

partnership or association accept any money or anything of value for an aborted fetus.

(c) It is the express intent of the general assembly that nothing in the provisions of

this section shall be construed to grant to a fetus any legal right not possessed by a fetus

prior to July 1, 1979.

(d) A violation of this section is punishable as a Class E felony.

12

(2) In addition to directory language, the body of the bill also includes amendatory language. Amendatory language is the language of the code provision that is being modified. Amendatory language should always be “reader friendly” as well. For example, a lengthy provision that has multiple contingencies should be divided into subsections or subdivisions, so that the format facilitates a clear understanding of the text. Not only should the drafter divide subsections and subdivisions for readability, but this process often reveals missing words or inconsistencies. The following are examples of identical amendatory language, one in a “reader friendly” version and the other in a “not ready friendly” version:

READER FRIENDLY

(a) Any action to recover damages for injury,

as defined by § 50-6-102, by a construction services

provider shall proceed as at common law, and the

defendant in the suit may make use of all common

law defenses if, at the time of the injury, the

construction services provider was:

(1) Listed on the registry as having a

workers' compensation exemption and working in

the service of a business entity through which the

construction services provider obtained an

exemption;

(2) Not covered under a policy of workers'

compensation insurance maintained by the person

or entity for whom the provider was providing

services at the time of the injury; and

(3) Eligible for an exemption pursuant to §

50-6-914(b)(2), if the eligibility requirements apply,

at the time of the injury.

(b) Any construction services provider

proceeding as at common law pursuant to

subsection (a) shall forego the right to sue to

establish or reestablish coverage.

NOT READER FRIENDLY

Any action to recover damages for injury,

as defined by § 50-6-102, by a construction

services provider shall proceed as at common

law, and the defendant in the suit may make

use of all common law defenses if, at the time

of the injury, the construction services provider

was: listed on the registry as having a workers'

compensation exemption and working in the

service of a business entity through which the

construction services provider obtained an

exemption; not covered under a policy of

workers' compensation insurance maintained

by the person or entity for whom the provider

was providing services at the time of the injury;

and eligible for an exemption pursuant to § 50-

6-914(b)(2), if the eligibility requirements apply,

at the time of the injury. Any construction

services provider proceeding as at common

law pursuant to this section shall forego the

right to sue to establish or reestablish workers'

compensation coverage.

13

(g) DESIGNATION SYSTEMS

(1) The basic code designation system consists of three-tier numbering.

(2) The substance within a sub-designation always relates to the higher designation. For example, the offense of "aggravated assault" is in a section located within the part labeled "assaultive offenses," which is located within the chapter labeled "offenses against persons," which is located within the "criminal offenses" title of the code. (3) Sections contain the provisions of law. A section is often divided into subsections and subdivisions. Sections are always grammatically complete without any aid from a prior or subsequent section. Within each section, there is a designation system of subsections and subdivisions. The following uniform designation system is the proper order for subsection and subdivision designations:

The first level "(a)" is referred to as a subsection; all subsequent levels are referred to as subdivisions. There are no subchapters, subparts, paragraphs, subparagraphs, items, or subitems in the code. (4) There should be at least two subsections or subdivisions in order to use the designated subsection or subdivision. For example, if there is an "(a)", there must be a "(b)"; there should never be an "(a)" without a "(b)." If there is only one subsection in a section but several subdivisions, such as in a definition section, then the first subsection does not need to be written out, and the first designation is subdivision (1). The following is an example:

(5) When referring to a subsection or subdivision, do not use the language “of this section" or “of this subsection.”

§ 3-12-112 = 3 - 12 - 1 12 Title Chapter Part Section

(a)(1)(A)(i)(a)(1)(A)(i)

1-3-105. As used in this code:

(1) "Age of majority" means eighteen (18) years of age or older;

(2) "Code" includes the Tennessee Code and all amendments and revisions to the

code and all additions and supplements to the code;

(3) "Collector" includes any person entrusted with the collection of public revenue; . . .

CORRECT: this subdivision (a)(2)

CORRECT: this subsection (b)

INCORRECT: subdivision (2) of this subsection (a)

INCORRECT: subsection (b) of this section

14

(6) Omit the phrase "the provisions of" when the phrase is superfluous. However, use "the provisions of" when it adds meaning to the sentence.

(7) If subsections and subdivisions are used, avoid undesignated language. All language should be attached to the appropriate designation. Failure to attach text to a designation makes referring to the text or citing to it difficult.

CORRECT: this subsection (a)

CORRECT: the provisions of § 1-5-301, relative to statutory construction

INCORRECT: the provisions of this subsection (a)

CORRECT:

(a) The claims commission may make

an emergency award to the claimant pending a

final decision in the case if it appears to the

claims commission, prior to any hearing on a

claim, that:

(1) The claim is one with

respect to which an award will probably

be made; and

(2) Undue hardship will result

to the claimant if immediate payment is

not made.

(b) The amount of the emergency

award shall not exceed five hundred dollars

($500).

(c) The amount of such emergency

award shall be deducted from any final award

made to the claimant.

INCORRECT:

(a) The claims commission may make

an emergency award to the claimant pending

a final decision in the case if it appears to the

claims commission, prior to any hearing on a

claim, that:

(1) The claim is one with re-

spect to which an award will probably

be made; and

(2) Undue hardship will result

to the claimant if immediate payment

is not made.

The amount of the emergency award shall not

exceed five hundred dollars ($500).

(b) The amount of such emergency

award shall be deducted from any final award

made to the claimant.

15

(8) Legislation should not be drafted to amend the language of section headings, as the headings are not considered law. Instead, if a drafter would like to request in the legislation that the commission insert certain headings, then the drafter should use the language found in the “correct example” box.

CODIFIED VERSION OF THE STATUTE:

3-2-101. Engrossment and enrollment.

All bills and resolutions of the general assembly shall be engrossed or enrolled in type,

or on a typewriter, by the engrossing clerks, and a copy made at the time and furnished

the secretary of state.

INCORRECT:

SECTION __. Tennessee Code

Annotated, Section 3-2-101, is

amended by deleting the language

“Engrossment and enrollment” and

substituting instead the language

“Engrossment or enrollment”.

CORRECT:

SECTION __. The headings to

sections, chapters, and parts in this act

are for reference purposes only and do

not constitute a part of the law enacted by

this act. However, the Tennessee Code

Commission is requested to include the

headings in any compilation or

publication containing this act.

16

(h) PLAIN LANGUAGE

(1) Simplicity

(A) Select short and familiar words and phrases to best express an intended meaning according to common and approved usage. Use ordinary English and avoid “legalese.” Also, avoid using a complicated word when a simple word would convey the same concept.

(B) Do not include material that has no legal effect in a bill. For example, avoid "aforesaid," "whatsoever," or similar words that only provide unnecessary emphasis.

(C) Avoid superfluous and verbose expressions. The following is a list of terms to avoid and the preferred substitutes for each:

Superfluous or Verbose Preferred absolutely null and void and of no effect void adequate number of sufficient by means of by by virtue of by, under during such time as while during the course of during each and every each for a period of for for the purpose of to give consideration to consider give recognition to recognize in accordance with under is applicable applies is directed to shall is empowered to may is entitled to may is required to shall it is the duty shall make application apply make payment pay make provision for provide shall be construed to mean means state of Tennessee this state under the provisions of under until such time as

17

(2) Clarity

(A) Avoid wide gaps between the subject, the verb, and the object.

(B) Do not use "and/or," as the conjunctions have very different meanings and may cause confusion when used together. Instead, use “or” when one or more is sufficient, and use “and” when all are required.

(C) If a concept can be expressed either positively or negatively, then the drafter should express it positively.

(D) Use grammatically parallel sentence structure when elements in a series are joined by coordinating conjunctions.

CORRECT:

Any injured party may file a claim with the

claims commission. A claim shall not

exceed five hundred dollars ($500) for

negligent misconduct, nor one thousand

dollars ($1,000) for intentional misconduct.

INCORRECT:

A claim, which in the case of negligent

misconduct shall not exceed five hundred

dollars ($500), and in the case of intentional

misconduct shall not exceed one thousand

dollars ($1,000), may be filed with the claims

commission by any injured party.

POSITIVE:

The commission shall approve a

renewal application if the appliction

is complete.

NEGATIVE:

The commission shall not reject

a renewal application if the

application is complete.

CORRECT: A person may obtain a copy

by mail or by appearing

personally.

INCORRECT: A copy may be obtained by

mail or if a person appears

personally.

18

(E) Although the phrase "notwithstanding any law to the contrary" has frequently been used in the past, avoid using it. The term "law" in the phrase lacks clarity, and the reader will likely be unable to determine the specific code provision referenced. If "notwithstanding" is used, then it should be followed by a specific code provision, such as "notwithstanding § 56-5-401."

(F) Whenever possible, be specific when cross-referencing. Avoid the use of "herein," "hereinafter," "above," "below," or similar words. For example, if “herein” is used, it is unclear if the reference is to the subdivision, subsection, or section. These words fail to precisely identify where the cross-referenced provision is located. Instead, use the exact citation to cross-reference a separate provision.

(G) Use the active voice. Active voice typically requires fewer words to express an idea, and when used, it is easier for a reader to discern the subject and verb of the sentence.

(H) If possible, use finite verbs rather than their corresponding participles, infinitives, gerunds, or other noun or adjective forms.

(I) Do not use "etc.," "i.e.," "e.g.," or "viz.," as the abbreviations are considered shorthand and lack a clear and distinct meaning.

(3) Consistency

(A) Terms should be used consistently throughout the bill. Do not use the same word or phrase to convey different meanings, and do not use a word and its synonym.

CORRECT: as used in this section INCORRECT: as used herein

ACTIVE:

The department of commerce and

insurance shall promulgate rules

consistent with this section.

PASSIVE:

Rules shall be promulgated consistent with

this section.

CORRECT: consider INCORRECT: given consideration by

CORRECT: applies INCORRECT: is applicable to

CORRECT:

The defendant shall be given time to

consider the allegations and an opportunity

to be heard by the court.

INCORRECT:

The defendant shall be given time to

consider the allegations, and the

accused shall be given an opportunity to

be heard in court.

19

(B) If a section begins using a singular subject or noun, then the singular should be used throughout the section. If a section begins using a plural subject or noun, then the plural should be used throughout the section. (C) Verbs and their subjects must agree in number. (D) A pronoun must have a clear antecedent and must agree with its antecedent in number.

(i) FORM AND STYLE GUIDELINES (1) Names of Departments

(A) If a department is defined in a definition section for a particular title, chapter, or part, then all subsequent references in the title, chapter, or part should be to "the department." The department's full name need not be written out, except when confusion would result from references to other departments. This rule should also be followed for "commissioner."

(B) If a department is not defined in a definition section for a particular title, chapter,

or part, then write out the name of the department the first time it appears in each section and use "the department" each subsequent time when in the same section. This rule should also be followed for "commissioner."

(C) Do not use "of the department" in a reference to a commissioner.

IF: "Department" means the department of financial institutions;

THEN: The department shall promulgate rules.

EXCEPTION: The department of financial institutions, in consultation with the

department of safety, shall prepare a report on this topic. The

department of financial institutions shall submit the report by August

15.

CORRECT: the commissioner of financial institutions

INCORRECT: the commissioner of the department of financial institutions

20

(2) Capitalization

(A) Use lower case for federal, state, and local public entities, but capitalize private entities.

(B) Use lower case for titles of public officials.

(C) Capitalize the names of schools and proper names used in connection with places or programs more than one country, state, county, or city.

(D) Capitalize short titles of acts.

(E) Capitalize the names of countries, states, counties, and cities. However, do not capitalize the words "countries," "states," "counties," or "cities," when used to identify more than one country, state, county, or city.

(F) Capitalize "Internet," but do not capitalize "e-mail," "electronic mail," or "web site."

the environmental protection agency

the Audubon Society

the American Psychiatric Association

the governor

the commissioner of revenue

the speaker of the house

the John S. Wilder development center

the University of Memphis

Pell grants

Comprehensive Alcohol and Drug Treatment Act

CORRECT: Hamilton County INCORRECT: Hamilton county CORRECT: Shelby and Davidson INCORRECT: Shelby and Davidson

counties Counties

21

(G) Capitalize criminal penalty classifications.

(3) Numerals

(A) Express numbers in text with words followed by numerals in parentheses. However, express numbers in dates and tables with numerals only.

(B) The word "one," when used as a number and when used as an indefinite pronoun, are treated differently. The parenthetical numeral is never inserted after the pronoun.

(C) Hyphenate numbers from twenty-one to ninety-nine.

(D) Do not insert a parenthetical numeral in hyphenated adjectives, unless the adjective is a fraction.

Class A misdemeanor

Group III violation

CORRECT: a period of one hundred forty-two (142) days

CORRECT: two-thirds (2/3) of the members

CORRECT: NOT MORE THAN NOR LESS THAN

25,500 26,000

37,590 38,500

one may obtain the information

one (1) member from each house

CORRECT: a two-thirds (2/3) majority

CORRECT: a nine-member commission

INCORRECT: a nine (9)-member commission

22

(E) Write dates in the form of "month" then "day." When a month, day, and year are used as a date in a sentence, use a comma after the day and the year.

(F) Write out time expressions and include a parenthetical translation at the end.

(G) Use "first," "second," or "third," instead of "1st," "2nd," or "3rd."

(H) If a fraction can easily be expressed as a decimal, use a decimal.

(I) When identifying amounts of money, use decimals for numbers less than one

hundred dollars or if cents are indicated, but do not use decimals for numbers equal to one

hundred dollars or more.

CORRECT: July 1

CORRECT: On March 1, 2008, the procedures become effective.

five o'clock p.m. (5:00 p.m.)

twelve o'clock (12:00) noon

USE DECIMAL: one-tenth of one percent (0.1%)

USE FRACTION: three-eighths of one percent (3/8 of 1%)

CORRECT:

ninety-nine dollars ($99.00)

one dollar and fifty cents ($1.50)

one hundred and fifty dollars ($150)

INCORRECT: July 1st

INCORRECT: July First INCORRECT: first of July

INCORRECT:

ninety-nine dollars ($99)

one hundred and fifty dollars ($150.00)

23

(J) Use "years of age" when stating a person's age.

(4) Punctuation

(A) Do not use a hyphen when use of a hyphen is optional.

(B) Hyphenate "full-time" and "part-time" when the terms are used as an adjective or an adverb. Do not hyphenate "full time" or "part time" when the terms are used as a noun.

(C) Never hyphenate "vice president," "vice chair," or "attorney general."

(D) Hyphenate adjectives that incorporate numbers.

(E) Always hyphenate fractions.

CORRECT: twelve (12) years of age

INCORRECT: twelve (12) years old

INCORRECT: the age of twelve (12)

CORRECT: firefighter INCORRECT: fire-fighter

CORRECT: service member INCORRECT: service-member

CORRECT: any three-way intersection

CORRECT: all full-time candidates

CORRECT: a candidate who works part-time

CORRECT: This section does not apply to any candidate for office for which

the service is part time.

CORRECT: two-thirds (2/3) of the members

CORRECT: one-fourth (1/4) of the time

CORRECT: five-eighths (5/8) of the membership

CORRECT: a two-thirds (2/3) majority

24

(F) Generally, do not hyphenate words beginning with "pre," "non," or "re."

(G) Always use commas for clarity, especially to set off an introductory phrase or clause, or to separate independent clauses that are connected with a conjunction.

(H) Use "that," not preceded by a comma, to introduce a restrictive clause. Use "which," preceded by a comma, to introduce a nonrestrictive clause. A restrictive clause or phrase limits or identifies which of several possible things or ideas the clause or phrase refers; therefore, the restrictive clause is essential to the meaning of the sentence. A nonrestrictive clause or phrase provides additional or parenthetical information about the thing or idea to which the clause or phrase refers. (I) The phrase "provided, however" should be preceded with a semi-colon and followed by a comma:

(J) Use a colon to introduce a list of items, and use semicolons to separate items within a list if commas are used within an item. When designating a list by subdivision, always separate subdivisions by a semicolon, not a comma.

CORRECT: predetermined, nonmalignant, reelected

The committee shall have several responsibilities, including

analyzing cases and recommending possible reforms.

CORRECT: ; provided, however, that

CORRECT: ; provided further, however,

CORRECT: ; provided, that

(a) A person commits the offense of involuntary labor servitude who knowingly

subjects, or attempts to subject, another person to forced labor or services by:

(1) Causing or threatening to cause serious bodily harm to the person;

(2) Abusing or threatening to abuse the law or legal process;

(3) Using blackmail or using or threatening to cause financial harm for the

purpose of exercising financial control over the person;

(4) Facilitating or controlling the person's access to an addictive controlled

substance; or

(5) Controlling the person's movements through threats or violence.

25

(K) Avoid using parentheses, except when designating subsections or subdivisions.

(L) Do not use brackets. (M) When setting out language in a directory sentence, use quotations to identify the language; however, when setting out language below a directory clause, do not use quotations.

(N) Use quotation marks when defining a word or phrase.

(O) Place periods and commas inside quotation marks and place colons and semicolons outside quotation marks, unless the language is amendatory language that is being repeated for purposes of identifying language to be deleted. In such a case, the only punctuation that would be placed inside the quotation marks would be punctuation in the language of the code provision being amended.

SETTING OUT LANGUAGE IN A

DIRECTORY SENTENCE

Tennessee Code Annotated, Sections

12-4-405(5) and 12-4-406(a), are amended

by deleting the language "contractors"

wherever it appears and substituting instead

"highway contractors".

SETTING OUT LANGUAGE BELOW A

DIRECTORY CLAUSE

Tennessee Code Annotated, Section

12-4-401, is amended by deleting the section

and substituting instead the following:

This part shall be known and may be

cited as the "Prevailing Wage Act for State

Highway Construction Projects."

NO PUNCTUATION WITHIN THE TEXT

BEING DELETED


71-5-110(c)(1), is amended by deleting the

language "thirty (30)" and substituting the

language "fifteen (15)".

PUNCTUATION WITHIN THE TEXT

BEING DELETED


55-4-236(a), is amended by deleting the

language "the Congressional Medal of

Honor," and "the Air Medal,".

“Department” means the department of education.

http://www.lexis.com/research/buttonTFLink?_m=8c4adc4a124048e7e4e2dd8a320bb865&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2013%20Bill%20Text%20TN%20H.B.%2011%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=TNCODE%2071-5-

http://www.lexis.com/research/buttonTFLink?_m=8c4adc4a124048e7e4e2dd8a320bb865&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2013%20Bill%20Text%20TN%20H.B.%2011%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=TNCODE%2071-5-

http://www.lexis.com/research/buttonTFLink?_m=9e416dd586df3cda0895870852d3e331&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2013%20Bill%20Text%20TN%20H.B.%2032%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=TNCODE%2055-4-

http://www.lexis.com/research/buttonTFLink?_m=9e416dd586df3cda0895870852d3e331&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b2013%20Bill%20Text%20TN%20H.B.%2032%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=TNCODE%2055-4-

26

(5) Other Guidelines

(A) Delete “of Tennessee” or “of the state of Tennessee” from the end of official or

department titles.

However, if there is a federal department with the same name as a state department,

then the federal or state department designations may be used to avoid ambiguity.

(B) Do not include the words “Tennessee” or “of this state” when referencing a county within Tennessee, as the general assembly does not enact legislation affecting any other state.

(C) Use “United States” rather than “United States of America.”

(D) Use “general assembly” rather than “legislature” and “house of representatives” rather than “house.” Use the complete name of any standing committee. For example, use “senate commerce and labor committee” rather than “senate commerce committee.”

(E) Use "shall" when expressing a duty, mandate, obligation, requirement or condition precedent. Do not use "must" to substitute for "shall." Use "may" to confer a power, privilege, or right. Use "shall not" to express a prohibition. Do not use qualifiers, such as "will,” "should," or "ought," as the words are ambiguous.

CORRECT: department of financial institutions

INCORRECT: department of financial institutions of Tennessee

CORRECT: secretary of state

INCORRECT: secretary of state of Tennessee

The state department of transportation shall deliver the documentation to the federal

department of transportation within five (5) days.

CORRECT: Hamilton County INCORRECT: Hamilton County, Tennessee

CORRECT: Nashville INCORRECT: Nashville, Tennessee

27

(F) Do not use "said" or “such”. The use of "the" or "that" is generally preferred over “said” or "such" when appropriate.

(G) Do not use "any," "each," "all," or "some" if "a," "an," or "the" can be used with the same result.

(H) Do not use "sunset" as a verb. Appropriate alternatives include "terminate," "expire," or "is repealed."

(I) Generally, singular and plural designations are unnecessary, as Tenn. Code Ann. § 1-3-104(c) states: "singular includes the plural and the plural the singular, except when the contrary intention is manifest." However, if a drafter needs to indicate both singular and plural, the drafter should not place the "s" in parentheses. Instead, the drafter should write out the term in singular and plural.

(J) The plural of “district attorney general” is “district attorneys general”.

(K) Use gender-neutral language. The terms “he” or “she” or “him” or “her” should not be used, except in those rare instances when the topic is gender-specific. An example may be a bill dealing with ovarian cancer. Otherwise, whenever reasonable, nouns rather than pronouns should be used to refer to persons in order to be gender-neutral. Replace gender-specific terms with gender-neutral terms.

(L) "Web site" should be two words, and "e-mail" should be hyphenated.

CORRECT: This section is repealed on June 30, 2009.

INCORRECT: This section shall sunset June 30, 2009.

CHANGE:

"councilman" should be "council member"

"fireman" should be "firefighter"

"chairman" should be "chair"

"policeman" should be "police officer"

DO NOT CHANGE:

alderman, aldermanic, councilmanic,

materialman, warehouseman, airman,

journeyman, ombudsman, workmanlike

CORRECT: the subcommittee or subcommittees

INCORRECT: the subcommittee(s)

28

(j) COMMONLY MISUSED WORDS

Affect

As a verb, affect means to influence or to have an effect on. As a noun, affect has no modern meaning other than as a psychological term. As an adjective, affected means artificially or

falsely assumed.

Effect

As a verb, effect means to cause to come into

being, or to bring about a result.

As a noun, effect means a result.

Among

used for more than two

Between

used for two

Ensure

to make certain or to guarantee

Biennial

once every two years

Capital

a capital city, money or assets, or related to

physical improvements

Capitol

the statehouse

Biannual

twice a year

Insure

to procure insurance for someone or for some-

thing

Farther

applies to actual distance

Further

additional or more advanced

Less denotes amount or quantity among things that are

measured

Fewer

denotes number among things that are counted

Means

indicates that the following is identical or synony-

mous

Includes

indicates that the following is part of the first, but

the following is not exhaustive

Principal

As a noun, principal means a leader, chief, or

head; a capital sum placed at interest, due as a

debt, or used as a fund; or the main body of a

decedent's estate.

As an adjective, principal means chief or main.

Principle

As a noun, principle means a fundamental truth or

a governing law of conduct.

Principle should never be used as an adjective

29

(k) ARCHAIC AND OUTDATED LANGUAGE

(1) The form and style guidelines contained in this guide should always be followed when drafting new code provisions, including avoiding the use of outdated language. However, when amending current law, updating outdated terms may not be the best approach due to the structure or judicial construction of specific code provisions.

(2) There are terms that were once used by drafters that may now be considered outdated and possibly offensive. The following is a list of terms that should give a drafter pause prior to usage:

(l) REFERENCING

(1) A citation to the Constitution of Tennessee:

(2) A citation to the United States Constitution:

(3) If citing to the code within language that will be codified, "Tennessee Code Annotated," or a similar phrase, should not be used. However, if citing to the code within language that will not be codified, such as in a preamble, severability clause, or effective date section, "Tennessee Code Annotated," or a similar phrase identifying the code should be used.

(4) A citation to a Tennessee statute or statutes that appears at the beginning of a sentence within text that will be codified should be as follows:

insane defective person retarded

crippled feeble-minded retardation

idiot handicapped person handicap

senile mental defect physical defect

Constitution of Tennessee, Article XI, § 5

United States Constitution, Article I, § 8

CODIFIED TEXT: § 8-36-102

UNCODIFIED TEXT: as provided in Tennessee Code Annotated, Section 8-36-102

Section 8-36-108

Sections 8-36-108, 8-36-109, and 8-36-114

Section 8-36-109, § 8-36-109, or § 8-36-114

30

(5) A citation to a Tennessee statute or statutes that does not appear at the beginning of a sentence within text that will be codified should be as follows:

(6) If there is a need to reference a specific title, chapter, part, section, subsection, or subdivision within the title, chapter, part, section, subsection, or subdivision, the drafter should not use "title x" or "part x"; instead, the drafter should use "this title" or "this part."

(7) The drafter should not use the phrase "of this section" when referencing a subsection or subdivision; however, the drafter should use "of this title" and "of this chapter," as appropriate.

(8) When a drafter references a short title in a provision that will be codified, the drafter should use the following format:

However, when a drafter references a short title in a provision that will not be codified, the drafter should use the following format:

(9) The drafter should use pinpoint citations to subsections and subdivisions when cross referencing:

§ 8-36-108

§§ 8-36-108, 8-36-109, and 8-36-114

§ 8-36-108, § 8-36-109, or § 8-36-114

CORRECT: Reimbursements paid from the fund pursuant to subdivision (b)(3)

shall be deemed to be benefits for the purpose of this chapter.

CORRECT: Reimbursements paid from the fund pursuant to part 5 of this chapter.

INCORRECT: Reimbursements paid from the fund pursuant to subdivision (b)(3) of this

section.

Uniform Administrative Procedures Act, compiled in title 4, chapter 5

Uniform Administrative Procedures Act, compiled in

Tennessee Code Annotated, Title 4, Chapter 5

as described in § 32-4-101(a)

31

However, definitions are kept in alphabetical order. When a definition section is amended, the subdivision designation may change. Therefore, a drafter should not use a pinpoint citation when cross-referencing a definition.

An exception to the "no pinpoint citation rule for definitions" occurs when a term has multiple definitions within a subdivision.

(10) References to federal code provisions should include, if available, citations to the United States Code.

(11) If the federal code provision has not yet been codified, a citation to the public law may be used.

(12) When a federal code provision has a short title or popular name, the drafter may use the title or name in the citation. A citation following a short title or popular name should be placed in a parenthetical following the title or name.

(13) A short title or popular name may also be used, even if the reference is to specific portions of the act. If citing to only specific sections of a short title or popular name, the sections should be indicated prior to the short title or popular name.

(14) Citations to the Code of Federal Regulations should be as follows:

CORRECT: person, as defined in § 32-1-101

INCORRECT: person, as defined in § 32-1-101(1)

the definition of 'business' in § 67-6-102(8)(B)

"Business" has several definitions in § 67-6-102(8).

26 U.S.C. § 501(c)(4)

Pub. L. No. 92-75, § 2

Fair Credit Reporting Act (15 U.S.C. §§ 1681-1697)

Clean Water Act of 1977 (Pub. L. 97-300)

Sections 203(b) and (k), National Housing Act (12 U.S.C. §§ 1709(b) and (k))

14 CFR Part 121

14 CFR Part 121, Subpart J

14 CFR 121.221(a)

32

(m) DEFINITIONS

(1) Definitions are commonly used to avoid repetition of a phrase or to give a standard meaning to a word or phrase. Definitions should be in alphabetical order. Once a defined term is placed in a definition section, use the defined term throughout the applicable code provision. Do not use synonyms or derivatives. Do not define a word that is not subsequently used in the applicable code provisions.

(2) The introductory language of a definition provision should be "As used in this _____:". The blank should be the applicable code provision, such as a section, chapter, part, or title. The drafter may substitute "act," if the drafter has not designated the location in the code. Where the act will be placed. When drafting a definition section, remember the difference between the words "means" and "includes." "Means" indicates that the following is identical or synonymous, while "includes" indicates that the following is part of the first. Use "means" instead of "shall mean," and use "includes" instead of "shall include."

(3) Definitions should not be used to prescribe substantive law. Placing substantive law in a definition section may be easily missed by a reader and may call into question the substantive law's application. The following is an example of a definition section:

39-16-701. As used in this part:

(1) "Material" means the statement, irrespective of its admissibility under the rules of

evidence, could have affected the course or outcome of the official proceeding;

(2) "Official proceeding" means any type of administrative, executive, judicial, or

legislative proceeding that is conducted before a public servant authorized by law to take

statements under oath in that proceeding; and

(3) "Statement" means any representation of fact.

33

(n) CRIMINAL OFFENSES

(1) Pursuant to Tenn. Code Ann. § 39-11-102, conduct does not constitute an offense unless it is defined as an offense. Therefore, when drafting a provision that contains a criminal offense, a drafter should use the phrase "it is an offense" instead of language such as "it is unlawful" or "shall not." Each criminal offense should contain the elements of the crime. Examples of elements of a crime are an overt act and a mental state. There may be other provisions included within a criminal offense, such as definitions, exceptions to the offense, defenses to the offense, and aggravating factors. The following are examples of language a drafter may use to make conduct criminal:

(2) When drafting criminal offenses, the drafter should designate the offense classification. A criminal offense is either a felony or a misdemeanor. Tenn. Code Ann. § 40-35-111 sets out the authorized terms of imprisonment and fines for felonies and misdemeanors. There are three classifications for misdemeanor offenses: Class A, Class B, and Class C. If an offense is punishable as a misdemeanor, but the drafter does not specify a classification, then, by operation of Tenn. Code Ann. § 39-11-114, the offense is considered a Class A misdemeanor. There are five classifications for felony offenses: Class A, Class B, Class C, Class D, and Class E. If an offense is punishable as a felony, but the drafter does not specify a classification, then, by operation of Tenn. Code Ann. § 39-11-113, the offense is considered a Class E felony. If conduct is made criminal, but the drafter does not specify whether the offense is a misdemeanor or a felony, then, pursuant to Tenn. Code Ann. § 39-11-111, the offense is considered a misdemeanor. The following are examples of language that may be used to draft a penalty for a criminal offense:

(3) The Constitution of Tennessee, Article VI, § 14, provides that fines exceeding fifty dollars are to be assessed by a jury. The drafter should note that municipal and general sessions courts do not have the authority to impanel juries. Therefore, any offense punishable by a fine greater than fifty dollars must be tried by a court of record, unless the defendant waives the right to a jury trial.

It is an offense to…

A person commits…if…

CORRECT: A violation of this section is a Class B misdemeanor.

CORRECT: An offense under this section is a Class A felony.

CORRECT: Bigamy is a Class A misdemeanor.

CORRECT: A first violation of this section is a Class B misdemeanor. A

second or subsequent violation of this section is a Class A

misdemeanor.

34

(4) The Constitution of Tennessee, Article I, § 11, provides that no ex post facto law shall be made. Generally, an ex post facto law retroactively changes the legal consequences of actions that were engaged in before the enactment of the law. The drafter should be mindful that ex post facto may apply not only when conduct is made criminal, but also when a penalty is increased, or certain sentencing credits are reduced. (5) The Constitution of Tennessee, Article I, § 8, provides that no person shall be taken,

imprisoned, or in any other way deprived of life, liberty, or property but by judgment of the person's peers or "the law of the land." The "law of the land" has been interpreted to mean a general and public law operating equally upon every citizen of the state. The general assembly is generally considered to be prohibited from making conduct criminal only in specific geographical areas within the state or allowing a specific geographical area within the state to declare conduct to be criminal.

(o) SEVERABILITY

(1) A drafter may want to include a severability clause in the legislation. If a severability clause is included, it is not codified. The following is an example of a severability clause:

(2) Instead of a severability clause, a drafter may want to include a reverse severability clause in the legislation. If a reverse severability clause is included, it is not codified. The following is an example of a reverse severability clause:

(p) RULES

There are times when a drafter authorizes a department to promulgate rules to effectuate the purposes of an act. The following is sample language to use when drafting a rules provision:

SECTION ___. If any provision of this act or the application of any provision of this act

to any person or circumstance is held invalid, the invalidity shall not affect other provisions

or applications of the act that can be given effect without the invalid provision or application,

and to that end, the provisions of this act are declared to be severable.

SECTION ___. If any provision of this act or the application of any provision of this

act to any person or circumstance is held invalid, then all provisions and applications of this

act are declared to be invalid and void.

SECTION ___. The department (or commissioner) of ________ is authorized to

promulgate rules to effectuate the purposes of this ______. All rules shall be promulgated

in accordance with the Uniform Administrative Procedures Act, compiled in Tennessee

Code Annotated, Title 4, Chapter 5.

35

(q) EFFECTIVE DATE

(1) Typically, the effective date section is the last section of a bill. The Constitution of Tennessee, Article II, § 20, states that, "no law of a general nature shall take effect until forty days after its passage unless the same or the caption thereof shall state that the public welfare requires that it should take effect sooner." Therefore, if the intent is for a bill to take effect sooner, then the drafter must include the language "the public welfare requiring it." Although the phrase is not constitutionally required, if the bill will become effective forty days or more after the signing of the bill, many drafters will always include the phrase as a matter of practice.

(2) There are certain instances in which a specific date should be used as the effective date rather than “upon becoming a law.” For example, bills that include a criminal offense should have an effective date that specifies the act will take effect on a certain date so that the public has adequate notice of changes in the law that make certain behavior criminal.

SECTION ___. This act shall take effect upon becoming a law, the public welfare

requiring it.

SECTION ___. This act shall take effect July 1, 2015, the public welfare

requiring it.

SECTION ___. Sections 1 and 3 of this act shall take effect upon becoming

a law, the public welfare requiring it. All other sections of this act shall take

effect July 1, 2015, the public welfare requiring it.

36

(3) A variation of the effective date is the applicability clause, which specifies that the new statutory provision, although effective on the effective date of the act, will only apply to certain events or transactions. Applicability clauses are also frequently used in bills that contain criminal and education laws, or that affect contractual relationships.

(4) Some applicability clauses are placed within the effective date of the legislation, which means the applicability clause may not be codified, and some are placed within the statutory text. The drafter should give thought to where the applicability clause should be placed.

SECTION __. This act shall take effect July 1, 2015, the public welfare requiring it,

and shall apply to the 2015-2016 academic year and academic years thereafter.


and shall apply to offenses committed on or after that date.


and shall apply to contracts entered into or renewed on or after that date.

37

REVIEW

(a) EDITING

(1) A bill draft should undergo various edits by the drafter. Allowing the draft to lie over before editing further may give a drafter a "fresh pair of eyes" for editing. During the editing process, the drafter's review should have the following focus:

(A) There are no substantive errors in the bill; (B) Bill sections are numbered correctly; (C) Internal code and bill section references are accurate; (D) There are no spelling or grammar errors; and (E) The bill ultimately accomplishes the intended objectives.

(2) A review by a second or third drafter is also an invaluable tool in helping to produce quality legislation. A good reviewer may raise questions about apparent “loopholes” or other unintended consequences in the bill and suggest ways to enhance clarity and consistency. The drafter should carefully consider the reviewer’s comments in polishing the final draft. The ability to accept and utilize constructive criticism to improve the draft of a bill is a prized quality in a drafter.

(b) DRAFTER'S CHECKLIST

As a last step, before finalizing a bill, the drafter should review each item on the Drafter's Checklist to verify that each item has been properly addressed.

(c) OTHER LEGISLATION

There are times when one bill amends the same section as another bill or adds new material, identically numbered, as another bill. Accordingly, the drafter should monitor all legislation on the same subject matter as the drafter’s legislation. If two acts amending the same section are enacted in the same legislative session, the code commission will attempt to codify the language of both acts, to the extent possible. If the differences in the acts are irreconcilable, then, generally, the act with the later effective date will prevail, or neither act will be codified, depending on the nature of the conflict. To avoid an act failing to take effect due to an irreconcilable conflict, the drafter should closely monitor legislation for potential conflicts as part of the initial bill drafting review and throughout the legislation process.

38

DRAFTING AMENDMENTS

PREPARATION

(a) FILING DEADLINES

Typically, each standing committee has filing deadlines for amendments. Additionally, there are filing deadlines for amendments to be properly considered on the floor of each house. Amendments, just as bills, must be entered into the general assembly's electronic database by OLS, assigned a barcode for proper identification by the clerk's office of either house, and reviewed by OLS for deficiencies. Drafters should allow time for a proper review of the amendment prior to the amendment being filed.

(b) ALTERATIONS TO THE BILL

Just as with a bill, the first and most important step in preparing an amendment is to comprehend the objectives and gain a thorough understanding of what the amendment is intending to accomplish. Not only does this include understanding the substance of the amendment but also how the amendment amends the bill and any other proposed amendments.

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DRAFTING

(a) FORMAT

(1) A bill may be amended by deleting language, adding language, deleting and substituting language, or rewriting a bill in its entirety. Currently, the rules of both houses of the general assembly prohibit amendments greater than the second degree, which means that amendments to amendments are permissible, but amendments to amendments to amendments are not permitted. As with bills, OLS is required by Tenn. Code Ann. § 3-12-101(5) to review all amendments prior to their introduction. A sample amendment is located at the end of this guide.

(2) The top of an amendment includes the following:

(3) The drafter should use the word "by" to begin the directory language of the amendment. The directory language of the amendment directs where and how the engrossing clerk will insert substantive language of the amendment into the bill. The directory language of the amendment is not codified. The following is an example of directory language at the beginning of an amendment:

(4) Each additional clause containing directory language of an amendment should begin with the following phrase in bold:

(b) DIRECTORY LANGUAGE

(1) Depending on how the drafter wishes to amend the filed bill or prior adopted amendments, there are multiple ways to draft the directory language of an amendment. The following are examples:

Amend House Bill No. ____ Senate Bill No. ____

by deleting Section 1 of the bill.

AND FURTHER AMEND

by adding the following new section to the bill:

by adding the following language at the end of Section 1:

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(2) There may be separate sections within the amendment that contain directory language that directs where and how the actual substance of the bill should be placed in the code. Again, this directory language is not codified. Moreover, an amendment may amend the directory or the amendatory language of a bill.

(c) CAPTION

An amendment to a bill must fall within the subject set forth within the caption, which means the amendment should amend only code provisions that are set out in the caption and relevant to the caption's subject. An amendment may not amend the caption of a bill.

(d) OTHER AMENDMENTS

(1) Before preparing an amendment, the drafter should be aware of any previously adopted amendments to determine whether the amendment to be drafted will work with or without prior amendments. Depending on whether a prior amendment was adopted by a committee or by one house, the drafter may need to remove the prior amendment. The language "by deleting all language after the enacting clause and by substituting instead the following:" will not only delete the body of a bill but also all prior amendments on the bill, whether in committee or on a house floor.

(2) However, if there is a previously adopted amendment and the drafter would like the drafter's amendment to work with the previously adopted amendment, the drafter should not only reconcile conflicts in the substance of the two amendments, but should also draft the drafter’s amendment's directory language to be consistent with the previously adopted amendment, so that both amendments can be accurately engrossed.

AND FURTHER AMEND by deleting the language "_______" in the amendatory

language of Section 1 and by substituting instead the language "_______".

AND FURTHER AMEND by deleting the language "______" in the directory language of

Section 1 and by substituting instead the language "_______".

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REVIEW

(a) EDITING

When amendments are being drafted, time available for editing is typically limited. However, to the extent that time permits, a drafter should edit and also have another drafter edit prior to finalizing an amendment.

(b) DRAFTER'S CHECKLIST

As a last step, the drafter should review each item on the Drafter's Checklist, located at the end of this guide, to verify that each item has been properly addressed.

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OTHER INFORMATION

SAMPLE BILL

AN ACT to amend Tennessee Code Annotated, Title 68, relative to emergency medical

telecommunications.

WHEREAS, it is the intention of the General Assembly to employ a statewide system of emergency medical service

area telecommunications to provide effective and rapid emergency medical service to the general population; now,

therefore,


SECTION 1. Tennessee Code Annotated, Title 68, is amended by adding Sections 2 through 5 as a new

chapter.

SECTION 2. This chapter shall be known and may be cited as the "Emergency Medical Services Act."

SECTION 3. As used in this chapter:

(1) "Category 'B' hospital" means a hospital facility within the state of Tennessee assigned to a category B

by the board for licensing health care facilities of the department of health; and

(2) "Health care professional" includes a person licensed under the provisions of title 63.

SECTION 4.

(a) The department of health shall create and administer a statewide system of emergency medical

service area telecommunications through rules.

(b) Health care professionals and category B hospitals shall report to the department regarding

implementation of a statewide system of emergency medical service, pursuant to rules promulgated by the

department.

(c) It is an offense for health care professionals and category B hospitals to fail to report to the

department pursuant to this Section.

SECTION 5. A violation of Section 4(c) is a Class A misdemeanor.

SECTION 6. If any provision of this act or the application of any provision of this act to any person or

circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act that can be given

effect without the invalid provision or application, and to that end, the provisions of this act are declared to be

severable.

SECTION 7. For purposes of promulgating rules, this act shall take effect, upon becoming a law, the public welfare

requiring it. For all other purposes, this act shall take effect January 1, 2016, the public welfare requiring it.

*06165234* *001676 0616523456 *001676*

CAPTION

ENACTING CLAUSE

BODY

PENALTIES

EFFECTIVE DATE DRAFTING NUMBER

PREAMBLE

DEFINITIONS

SHORT TITLE

SEVERABILITY CLAUSE

43

BILL FORMATTING INSTRUCTIONS

AN ACT to amend Tennessee Code Annotated…, relative to…


SECTION 1.

SECTION 2.

(a)

(b)

(1)

(2)

(A)

(B)

(i)

(ii)

(a)

(b)

(1)

(2)

(A)

(B)

(i)

(ii)

SECTION 3.

All font is Arial 11

Do not bold text

Align text to the left The caption is the only provision that is single-spaced.

Enacting Clause (do not change)

TAB 2 SPACES between each new section, subsection, or subdivision designation and the text that follows.

INDENT + TAB

If there is only 1 subsection in a section but many subdivisions, as in a definition

section then the first designation is subdivision (1).

2 INDENTS + TAB

3 INDENTS + TAB

4 INDENTS + TAB

5 INDENTS + TAB

Begin to italicize subdivision designations

but NOT bill text.

6 INDENTS + TAB

7 INDENTS + TAB

8 INDENTS + TAB

The effective date is typically the final section of the bill.

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SAMPLE AMENDMENT

Amendment No. _________

_________________________

Signature of Sponsor

AMEND Senate Bill No. 139 House Bill No. 107*

by deleting the amendatory language of Section 28 and by substituting instead the

following:

On or before July 1, 2015, and annually thereafter, the division shall review the effect

of the Workers' Compensation Reform Act of 2013 on the workers’ compensation system

and deliver a report of its findings to the general assembly.

AND FURTHER AMEND by deleting the language "five (5) business period" from the first

sentence in subdivision (d)(2)(B) of Section 76, and substituting the language "five-day period".

AND FURTHER AMEND by deleting the language "seven (7) days" from the second sentence in

subdivision (a)(1)(A) of Section 83, and substituting the language "seven (7) business days".

AND FURTHER AMEND by deleting Sections 5, 10, 57, 58 and 93 and renumbering the

remaining sections accordingly.

AND FURTHER AMEND by adding the following new section immediately preceding the last

section and by renumbering the subsequent section accordingly:

SECTION ___. The division of workers' compensation created pursuant to this act

shall terminate pursuant to title 4, chapter 29 on June 30, 2018.

HEADER

BILL NUMBER BILL NUMBER

DIRECTORY

LANGUAGE

AMENDATORY LANGUAGE

DRAFTING NUMBER

*06165234* *001676* 0616523456 *001676*

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RULES OF STATUTORY CONSTRUCTION

(a) Legislative Intent

The cardinal rule of statutory construction is to effectuate legislative intent, with all rules of construction being aides to that end. Therefore, it is presumed that every word in a statute has meaning and purpose and should be given full effect if the legislature’s intent is not violated by doing so. A court’s obligation is simply to enforce the written language.

Tennessee v. Layman, 214 S.W. 3d 442 (Tenn. 2007); In re C.K.G., 173 S.W.3d 714 (Tenn. 2005); Abels ex rel. Hunt v. Genie Indus., Inc., 202 S.W.3d 99 (Tenn. 2006).

(b) Ambiguity

Only when a statute is ambiguous should a court look to the entire statutory framework, the history of the legislation, or other sources to ascertain legislative intent and purpose. Courts must presume that the legislature was aware of and considered its prior enactments and the state of the law at the time the legislature passed the legislation. If a phrase is found to be ambiguous, then the entire statutory framework, the legislative history, and any other sources from which the legislative intent and purpose can be derived may be considered. In resolving a statutory ambiguity, courts may consider "matters beyond the text of the statute being construed," public policy, earlier versions of the statute, the caption of the act, and "historical facts preceding or contemporaneous with the enactment being construed"; provided, however, no matter how illuminating non-codified external sources may be, a court cannot provide a basis from departing from clear statutory provisions.

Eastman Chem. Co. v. Johnson, 151 S.W.3d 507 (Tenn. 2004); Tenn. v. Edmondson, 231 S.W. 3d 925, (Tenn. 2007).

(c) Judicial Presumptions

The rules of statutory construction allow the courts to make numerous presumptions about the legislative process. In interpreting statutes, the courts presume the general assembly:

(a) Used every word deliberately and that every word and phrase has a specific meaning and purpose;

(b) Did not intend to enact a useless statute; (c) Did not intend to create an absurdity; (d) Knew the "state of the law," including common law affecting the subject matter; (e) Was aware of and considered its own previous enactments; (f) Was aware of how the courts have interpreted enacted statutes; and (g) Enacted laws that are constitutional.

Lee Med., Inc. v. Beecher, 312 S.W.3d 515 (Tenn. 2010); State v. White, 362 S.W.3d 559 (Tenn. 2012).

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(d) Construction in Favor of Constitutionality

A court has an obligation to interpret a statute in a way that preserves the statute's constitutionality.

Jordan v. Knox Cnty, 213 S.W.3d 751 (Tenn. 2007).

(e) Specific/General

A special statute or a special provision of a particular statute will prevail over a general provision in another statute or a general provision in the same statute.

Keough v. State, 356 S.W. 3d 366 (Tenn. 2011); Five Star Exp., v. Davis, 866 S.W. 2d 944 (Tenn. 1993).

(f) In Pari Materia

Tennessee courts use the "well-settled rule" of statutory construction referred to as in pari materia. Statutes that are in pari materia are those that relate to the same subject or have a common purpose and that are to be construed together. With this rule, an ambiguous construction of one statute may be aided by considering the words and legislative intent indicated by another statute. Where the legislature includes particular language in one section of the statute but omits it in another section of the same act, courts presume that the legislature acted purposefully in including or excluding that particular subject.

Graham v. Caples, 325 S.W.3d 578 (Tenn. 2010); Wilson v. Johnson Cnty., 879 S.W.2d 807 (Tenn. 1994); State v. Edmondson, 231 S.W.3d 925 (Tenn. 2007); State v. Hawk, 170 S.W.3d 547 (Tenn. 2005).

(g) Dillon's Rule

Dillon's Rule is a canon of statutory construction that calls for the strict and narrow construction of local governmental authority. Dillon's Rule has been applied in Tennessee for over one hundred years. A municipal government may exercise a particular power only when one of the following three conditions is satisfied: (1) the power is granted in the "express words" of the statute, private act, or charter creating the municipal corporation; (2) the power is necessarily or fairly implied in, or incident to, the powers expressly granted; or (3) the power is one that is neither expressly granted nor fairly implied from the express grants of power, but is otherwise implied as "essential to the declared objects and purposes of the corporation."

S. Constructors, Inc. v. Loudon County Bd. of Educ., 58 S.W.3d 706 (Tenn. 2001); Mayor & City Council v. Linck, 80 Tenn. 499 (1883).

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(h) “Inclusionary” Rule of Construction

Within definition sections and substantive lists, the words "includes," "including," "including, but not limited to," or "includes, but is not limited to" are used to give examples of a word that has been broadly defined in the same section. The general rule of construction for interpreting inclusionary words is that when a broad or general statutory definition is followed by language stating that the definition "includes" specific items, the language means that other includable items have not been specifically mentioned.

Cohen v. Cohen, 937 S.W.2d 823 (Tenn. 1996).

BILL AMENDMENT DRAFTER'S CHECKLIST

What is the bill filing deadline? What is the amendment filing deadline?

What is the purpose?

Has the necessary research been conducted?

Is there an organized arrangement for the proposed content?

Is the proper electronic format being used? If multiple versions, is the most recent version sent from OLS being used?

N/A

Is there a caption? Are all code provisions that the bill amends or may amend in the caption? Is there a single subject? If the bill is removing a code provision, have other code provisions referring to the removed provision been included in the caption? Is there a need to include Title 4 in the caption?

N/A Does the amendment fall within the caption of the bill?

Is a preamble needed?

Is there an enacting clause?

N/A Is all directory language complete and accurate? Is the directory language "reader friendly"?

N/A Does the amendment's directory language adequately inform the engross-ing clerk? Is all directory language complete and accurate? Is the directory language "reader friendly"?

N/A Are there other amendments traveling with the bill, and if so, have the amendments been considered or addressed?

Is the proper code and section designation system used? Are there at least two subsection or subdivision designations for each type of designation being used?

Has the legislation been reviewed for simplicity? Is short and familiar lan-guage used? Are simplified words used? Has unnecessary language been removed?

Has the legislation been reviewed for clarity? Does every pronoun have a clear antecedent? Are conjunctions used properly? Are concepts expressed positively when possible? Is parallel sentence structure used? Are cross-references precise? Is active voice used?

Has the legislation been reviewed for consistency?


Is correct capitalization used?

Are numerals used correctly?

Is correct punctuation used?


Has archaic and outdated language been updated?

Are citations to federal and state law in the correct format?

Is there a definitions section, and if so, is it in the correct format?

Is there a criminal offense, and if so, is it in the correct format?

Is a severability or reverse severability clause needed?

Is a rules provision needed?

Is there an effective date section, and is an applicability clause needed?

Has other legislation on the same subject been tracked? Does the other legislation conflict with the bill? Have the conflicts been addressed?

Has the legislation been edited by the drafter and by a second drafter? Are internal code and legislation section references accurate? Is spelling correct? Is grammar correct?

Does the legislation ultimately accomplish its purpose?

Documents

General Assembly 101events.blr.com/audio/materials/YH4041.pdf · • Outline / PowerPoint presentation • Office of Legal Services Legislative Drafting Guide • Office of Legal