ING STYLE MANUAL Bill
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DRAFTING STYLE MANUAL
• Drafting Style Manual Introduction
• Drafting Rules
o Rule 1. Sentence Structure
o Rule 2. Subject of Sentence
o Rule 3. Tense, Mood, Number, and Voice
o Rule 4. Gender
o Rule 5. Consistency
o Rule 6. Brevity
o Rule 7. Choice of Words and Phrases
o Rule 8. Use of “Shall,” “May,” and “Must”
o Rule 9. Use of “Which” and “That”
o Rule 10. Use of “Such”
o Rule 11. Punctuation
o Rule 12. Definitions
o Rule 13. Capitalization
o Rule 14. Limitations, Exceptions, and Conditions
o Rule 15. Lists and Tabulations
o Rule 16. Sections
o Rule 17. References to Other Provisions of Act
o Rule 18. Procedural Provisions
o Rule 19. Creation of Agency or Office
o Rule 20. Savings and Repeal Clauses and Transitional Provisions
o Rule 21. Purpose Clauses
o Rule 22. Severability Clause
o Rule 23. Order of Arrangement of Provisions in Bill
o Rule 24. Revision
o Appendix A
Avoid the use of the following redundant couplets
Avoid the following indefinite words
Improper phrase replacement
o Appendix B - Sample Form for Bills
This tool is the standard used by LRS staff in their daily activities.
Drafting Style Manual Introduction
The most important principle in drafting a bill is that the finished product
accurately accomplish the intent of the author. The failure to accomplish the
intent of the author is often the result of failing to follow the essentials of good bill
drafting. Those principles are: Accuracy, brevity, clarity, and simplicity. The
purpose and effect of a bill should be evident from its language. A bill should not
be written in legalese, but should be drafted in terms a person without any
special education or qualifications should be able to comprehend. Thus, a drafter
should use words that are plain and commonly understood and convey the
intended meaning to every reader.
The principal functions of a bill are (i) to create or establish, (ii) to impose a duty
or obligation, (iii) to confer a power, create a right, or grant a privilege, and (iv) to
prohibit. A bill is often subject to conditions, qualifications, limitations, or
exceptions. The clarity and precision of the bill are enhanced by a plain and
orderly expression of those functions.
The following drafting rules are intended as a guide to good bill drafting. Use of
these rules will almost always result in a product that:
• Facilitates the intent of the author, rather than hides it.
• Makes statutory construction easier, rather than more difficult.
• Most importantly, makes the law understandable to the persons whose
lives are governed by it.
Drafting Rules
Rule 1. Sentence Structure
Use short, simple sentences. Avoid excessive use of dependent clauses, parallel
clauses, compound sentences, or other complex sentence structures.
Comment
Second only to the principle that a bill should reflect the intent of its author is the
principle that a bill should be understandable. Complex sentence structure often
makes a statute ambiguous or its meaning obscure. A sentence that expresses a
single thought is easier for the reader to understand.
Rule 2. Subject of Sentence
Unless it is clear from the context, use as the subject of each sentence the
person or entity to whom a power, right, or privilege is granted or upon whom a
duty, obligation, or prohibition is imposed.
Rule 3. Tense, Mood, Number, and Voice
(a) Use the present tense and the indicative mood. Prefer the singular to the
plural. Avoid use of the passive voice.
(b) State a condition precedent in the perfect tense if its happening is required to
be completed.
Comment
A statute is regarded as speaking in the present and constantly. The use of
“shall” in imposing a duty does not indicate the future tense. Even if an action is
required on a specified future date, the form of expression is in the present tense.
In speaking in the present, a circumstance putting a provision of a bill in
operation, if continuing to exist, is in the present tense.
Example: “The applicant, if married, may bring an action.” If the triggering
circumstance is completed, it is expressed in the perfect tense, but is never in the
future or future perfect.
Example: “If the issue has been litigated, the claimant may not recover.”
The singular is simpler and clearer than the plural. For example: “A possibility of
reverter is subject to limitations in the document that creates it” is preferable to,
“Possibilities of reverter are subject to limitations in the documents that create
them.” However, the plural may be used to comply with Rule 4 if its use is the
least awkward solution.
The passive voice may be used to comply with Rule 4.
Rule 4. Gender
Avoid using gender-based personal pronouns whenever possible.
Comment
Attempt to draft the sentence so as to minimize the need for gender-based
pronouns. Repeat the noun, use the plural form, or use the phrase “he [or she],”
“his [or her],” or “himself [or herself],” selecting the least awkward solution.
Passive voice may be used if the actor remains clear.
Rule 5. Consistency
(a) Be consistent in the use of language throughout the bill. Do not use the same
word or phrase to convey different meanings. Do not use different language to
convey the same meaning.
(b) Be consistent in the arrangement of comparable provisions. Arrange sections
containing similar material in the same way.
Comment
Consistency helps prevent different interpretations of similar provisions.
Rule 6. Brevity
(a) Omit needless language.
(b) If a word has the same meaning as a phrase, use the word.
(c) Use the shortest sentence that conveys the intended meaning.
Comment
In construing legislative acts, courts consider each word and endeavor to give it
meaning. Unnecessary language is more likely to mislead than to help.
Rule 7. Choice of Words and Phrases
(a) Select short familiar words and phrases that best express the intended
meaning according to common and approved usage. Avoid “legalese.”
Examples: Use “after” instead of “subsequent to”; use “before” instead of “prior
to.”
(b) Do not use both a word and its synonym.
(c) Use a pronoun only if its antecedent is unmistakable and its use is gender
neutral. Repeat the noun rather than use a pronoun unless the antecedent is a
series of nouns. If the sentence structure is so complex that a possessive
pronoun seems necessary, consider redrafting the sentence rather than using a
possessive pronoun.
(d) Make free but careful use of possessive nouns.
(e) Do not use “said,” “aforesaid,” “hereinabove,” “beforementioned,”
“whatsoever,” or similar words of reference or emphasis.
(f) Do not use “any,” “each,” “every,” “all,” or “some” if “a,” “an,” or “the” can be
used with the same result.
(g) Do not use “and/or.”
(h) Do not use “deem” for “consider.” Use “deem” only to state that something is
to be treated as true even if contrary to fact.
Comment
For list of examples, see Appendix A.
Rule 8. Use of “Shall,” “May,” and “Must”
(a) A duty, obligation, requirement, or condition precedent is best expressed by
“shall” rather than “must.” In no event should “shall” and “must” be used
interchangeably in the same bill.
(b) Use “may” to confer a power, privilege, or right.
Examples: “The applicant ‘may demand’ (power) an extension of time.” “The
applicant ‘may renew’ (privilege) the application.” “The applicant ‘may appeal’
(right) the decision.” Do not use substitute phrases for “may” such as “is
authorized and empowered to.”
(c) Use “may not” to express a prohibition.
(d) Avoid using hortatory qualifiers, such as “will,” “should,” and “ought” in the text
of a bill.
Rule 9. Use of “Which” and “That”
(a) Use “which” to introduce a nonrestrictive clause.
Example: “The application, ‘which’ need not be verified, shall be signed by the
applicant.”
(b) Use “that” to introduce a restrictive clause modifying the nearest antecedent.
Example: “An application to renew a license ‘that’ has been revoked. . .”
(c) Use “which” to modify a remote antecedent in a restrictive clause.
Example: “An ‘application’ to renew a license ‘which’ has been rejected. . .”
Consider rewording the sentence to avoid the use of “which” to modify a remote
antecedent in a restrictive clause if the reference is not clear: “If an application to
renew a license has been rejected, the application. . .”
Rule 10. Use of “Such”
Do not use “such” as a substitute for “the,” “that,” “it,” “those,” “them,” or other
similar words.
Example: “The (not ‘such’) application shall be in the form the court prescribes.”
Use “such” to express “for example” or “of that kind.”
Rule 11. Punctuation
(a) Punctuate carefully. Consider recasting a sentence if a change in punctuation
might change its meaning.
(b) Use a comma before “and” to separate the last of a conjunctive series of
three or more words, phrases, or clauses in a sentence.
Example: “men, women, and children”; not “men, women and children.”
(c) Use a comma before “or” to separate the last of a disjunctive series of three
or more words, phrases, or clauses in a sentence.
(d) Use a colon to introduce a list of items. See Rule 15.
(e) Do not use brackets or parentheses as punctuation.
Comment
Some uniform laws use parentheses.
Rule 12. Definitions
(a) Use a definition only in one or more of the following circumstances:
(1) If a word has several different common usages.
(2) If a word is used in a sense broader or narrower than its common usage.
(3) To avoid repetition of a phrase.
(b) Use “means” to express a comprehensive meaning of a word. Use “includes,
but is not limited to,” to express a meaning in addition to common usage.
(c) Avoid using the defined word in its definition.
(d) Do not write substantive provisions or artificial concepts into definitions.
Example: Do not impose the substantive requirement that an agreement be “in
writing” by defining “agreement” to mean “a written agreement.”
(e) Place general definitions at the beginning of the bill. Arrange them in
alphabetical order.
(f) Use the defined word, not the definition.
(g) If a defined term is used only in a single section, chapter, or part, locate the
definition at the beginning of that section, chapter, or part.
Comment
Definitions that are carefully written and properly located help to avoid
unnecessary repetition and improve the clarity of a bill.
Rule 13. Capitalization
Generally, follow the Harvard Blue Book.
• All proper names are capitalized.
• The first word of an indented paragraph is capitalized.
• The first word following a colon is capitalized.
• In title, chapter, article, and other headings, capitalize the initial word, the
word immediately following a colon (if any), and all other words except
articles, conjunctions, and prepositions of four or fewer letters.
• Capitalize nouns referring to people or groups only when they identify
specific persons, officials, groups, government offices, or government
bodies.
Examples:
• The “Social Security Administrator,” but not “the administrator”
• The “NLRB,” but not “the board”
• The “FDA,” but not “the agency”
• The “Secretary of State,” but not “the secretary”
• The “Congress” and the “President,” when referring to the Congress of the
United States and the President of the United States, are always
capitalized
The following table indicates capitalization for words commonly used in
legal writing.
Act - only when referring to a specific act:
The National Labor Relations Act
Act 473 of the Regular Session of the Legislature Alabama of 1949
Acts 1965
Alabama Alcoholic Beverage Control Board
A.M. (no spaces)
Amendment 84
Article V of the United States Constitution
Article 7, Chapter 19, Title 52
associations - lower case unless referring to proper names:
Y.M.C.A
Attorney General
Auburn University
Battleship Fund
Bill of Rights
bonds
Bureau of Credit Unions
Capitol (building)
Chapter 19
Circuit - only when used with a circuit number:
the Fifth Circuit
circuit court
City of Montgomery
Class A and B
Code - only when referring to a specific code:
Code of Alabama 1975
Code of Alabama
Commonwealth - only if it is part of the full title of a state, if the word it modifies
is capitalized, or when referring to a state as a governmental actor or party to
litigation:
the Commonwealth of Massachusetts
the Commonwealth Commissioner
the Commonwealth relitigated the issue
Congress
consortium -unless as a proper name (Marine Environmental Sciences
Consortium)
Constitution - only when naming any constitution in full or when referring to the
U.S. Constitution:
Fifth Amendment
Preamble
Supremacy Clause
Bill of Rights
Article I, Section 8, Clause 17 of the Constitution
see U.S. Const., Art. I, § 8, Cl. 17
Constitution of Alabama
County - only with a specific county: Monroe County
Court - only when naming any court in full or when referring to the United States
Supreme Court:
the Alabama Supreme Court
the supreme court (referring to a state supreme court)
the Court (referring to the U.S. Supreme Court)
the court of appeals
the Court of Appeals for the Fifth Circuit
Department of Conservation
Director of Conservation
Federal - only when the word it modifies is capitalized:
the Federal Reserve
federal spending
Federal Reserve Act
Federal Social Security Act
Fourteenth Amendment
funds (when not a proper name of fund)
General Fund (when a proper name)
Governor
Great Seal (proper name)
House
Judge, Justice - only when giving the name of a specific judge or justice or
when referring to a Justice
of the United States Supreme Court:
Judge Cedarbaum
Justice Holmes
the Justice (referring to a Justice of the United States Supreme Court)
left hand
Legislature
Montgomery County
National College of State Trial Judges
National Formulary
1957 Docks Act
Office of State Planning
Partlow State School and Hospital
P.M. (no spaces)
President of the United States
Recompiled 1958
Rule 12
Section 9-7-15
Secretary of State
Senate
State - only if it is part of the full title of a state, if the word it modifies is
capitalized, or when referring to a state as a governmental actor or party to
litigation:
the State of Alabama
the state commissioner
the State relitigated the issue
state Merit System Act (name of an act)
Supreme Court of Alabama
Supreme Court of the United States
Supreme Court Rule 12
Term - only when referring to a Term of the United States Supreme Court:
1978 Term
this Term
But: Michalemas term
this rule
this title
Title 7
Tombigbee River
United States government
U.S. Code
U.S. Const., Art. I, § 2
U.S. Highway
university - unless as a proper name: Harvard University, University of West
Alabama
Rule 14. Limitations, Exceptions, and Conditions
(a) Limitations or exceptions to the coverage of the bill or conditions placed on its
application should be described in the first part of the bill. If they are numerous,
notice of their existence should be given in the first part of the bill and they
should be stated separately later in the bill.
(b) If a provision is limited in its application or is subject to an exception or
condition, it generally promotes clarity to begin the provision with a statement of
the limitation, exception, or condition or with a notice of its existence.
Example: “(a) Except as provided in subsection (b). . .” Avoid using
“notwithstanding” to express a limitation of a general provision of the same act.
Example: “(b) Notwithstanding subsection (a). . .”
(c) If the application of a provision of the bill is limited by the occurrence of a
condition that may never occur, use “if” to introduce the condition, not “when” or
“where.” Use “when” to indicate a particular time. Use “where” to indicate a
particular place or set of circumstances.
(d) Do not use “provided that” or “provided however that,” or similar proviso
language. Use “but” instead of “except that.”
Comment
Limitations or exceptions to a bill should be placed where they are noticed.
Consistent placement in the first part of a bill or provision serves to avoid
surprises.
Rule 15. Lists and Tabulations
(a) Break a sentence into its parts and present them in tabular form only if this
makes the meaning substantially clearer.
(b) It is the preferred style to use “any of the following,” “one or more of the
following,” or “all of the following” in the introductory clause followed by
separately stated complete sentences rather than set the series off by
semicolons and an “or” or “and” after the next to last item in the series.
Example: “No person may be licensed as an attorney under this chapter unless
the person meets all of the following requirements:
(1) The person is a resident of the state.
(2) The person has not been convicted of a crime involving moral turpitude.
(3) The person is a graduate of a law school accredited by the American
Association of Law Schools.
(4) The person passes a proficiency examination administered by the State Bar
Association.”
(c) Do not include in the last item of a tabulation language that qualifies all of the
items.
(d) Do not place a sentence or paragraph after a tabulation. If the sentence or
paragraph is not a part of the tabulated series, draft it as a separate subsection,
subdivision, or paragraph.
Comment
Use tabulation especially if the subject matter makes the use of short sentences
impossible. Consider using tabular form where a number of rights, powers,
privileges, duties, or liabilities are granted to or imposed upon a person and in
other situations if the use of tabular form makes the provision substantially easier
to understand. See Rule 16 concerning manner of designating items in a
tabulation.
Rule 16. Sections
(a) Number sections by Arabic numerals consecutively or progressively
throughout the bill.
(b) Normally, sections are not captioned in the drafting stage. Adding headings is
something normally done in the codification stage.
(c) Use short sections. Use a separate section for each separate topic.
(d) Divide a section that covers a number of contingencies, alternatives,
requirements, or conditions into subsections, subdivisions, and paragraphs, as
necessary. A paragraph may be divided into subparagraphs, but avoid their use.
Divide a section into several sections as an alternative to subparagraphs.
(e) Designate each subsection, subdivision, paragraph, or subparagraph by a
letter or number:
(1) Designate subsections by lower case letters in parentheses.
(2) Designate subdivisions by Arabic numerals in parentheses.
(3) Designate paragraphs by lower case letters.
(4) Designate subparagraphs by Arabic numerals.
(5) Designate items by lower case Roman numerals in parentheses.
(a) subsection
(1) subdivision
a. paragraph
1. subparagraph
(i) item
(f) Use lower case Roman numerals for internally numbered clauses (where each
clause is run in and not a separate paragraph or subparagraph) only if this
makes the meaning substantially clearer
Comment
Portions of a section that are not identified by a letter or number often cause
confusion.
Rule 17. References to Other Provisions of Act
Use an initial capital letter in referring to a specific article, chapter, part, or
section number; use lower case in referring to a specific subsection, paragraph,
or subparagraph.
Examples: “The application required by Section 27. . .”; “Except as provided in
subsection (b),. . .”
Comment
Where reference to only one or a few sections is intended, a specific reference is
useful because it avoids the need to search the entire act to determine the
provisions to which reference is intended. Overuse of specific references to other
provisions of a bill can make the bill difficult to read and understand. Moreover,
section numbers and subsections are sometimes changed without changing
references to them. Computer technology has reduced the difficulty of finding
these references.
Rule 18. Procedural Provisions
Do not include procedural provisions to administrative procedure or review, court
procedure, or appellate procedure in a substantive bill unless essential to change
those procedures in order to effectuate its purposes.
Rule 19. Creation of Agency or Office
Use simple language in the present tense to create or establish an agency,
commission, or office.
Example: “The Office of _________ is [created] [established] in the Department
of ____.”
Rule 20. Savings and Repeal Clauses and Transitional Provisions
Savings and repeal clauses or transitional provisions should not be included
automatically in every draft. Savings and repeal clauses and transitional
provisions should be specific and only used when necessary.
Comment
An essential step in the preparation of a bill is to determine the effect the
enactment of the bill will have on existing rights, liabilities, and proceedings.
Thus, savings clauses or repeal clauses should be specific and the result of
thorough consideration of the issue. It is not desirable to put in boilerplate
savings or repeal clauses since the effect of those clauses is the same as the
effect without those clauses. The need for transitional provisions should also be
carefully considered since it is presumed that a bill will operate prospectively. If a
prospective application is not desired, or if from the context it is not clear that a
prospective application is intended, it may be appropriate to place a transitional
provision in the bill.
Rule 21. Purpose Clauses
Language stating the purpose of a bill or recital of facts upon which a bill is
predicated should not be included as a matter of course. In some circumstances,
purpose language may be useful in upholding a bill against constitutional attack
after enactment or to give meaning to a provision for liberal construction. In those
circumstances, appropriate language may be included.
Comment
A well-drafted bill should require no extraneous statement within itself of what it
seeks to accomplish or the reasons prompting its enactment.
Rule 22. Severability Clause
Use a severability clause only when there is a possibility of partial invalidity and it
is not clear that the intention of the Legislature is that the bill be severed. If used,
it should be in a section as follows:
“Section. The provisions of this act are severable. If any part of this act is
declared invalid or unconstitutional, that declaration shall not affect the part which
remains.”
Rule 23. Order of Arrangement of Provisions in Bill
(a) Organize the bill in the most useful and logical format for the reader. Avoid an
organization that requires an understanding of a later section in order to
understand an earlier section. Group all sections dealing with a common subject.
(b) Normally, the division of a bill into chapters and articles is something that is
done in the codification process after enactment. That does not mean that a bill
cannot be divided into chapters and subdivided into articles and parts if
appropriate.
(c) The following is suggested as the order of arrangement of provisions in a bill:
(1) Synopsis
(2) Title
(3) Enacting Clause
(4) Short title (if any)
(5) Statement of findings and intent (if necessary)
(6) Definitions
(7) Main legal principle or proposition
(8) Procedural and administrative provisions
(9) Penalties
(10) Severability clause (if necessary)
(11) Repeal clause (if necessary)
(12) Effective date
Comment
The suggested order of arrangement of provisions is subject to the general
requirement that a bill be organized in the format most useful to the reader. For a
discussion of each section, see Appendix B.
Rule 24. Revision
If time is available, after the draft of a bill has been completed, revise it carefully
and critically. Lay the revision aside for a time. Then revise the revision. Review
each use of a defined term to make sure it is used consistently in its defined
sense.
Comment
There is no substitute for time and thoroughness.
