(iv​​) Subaccounts.​ Avoid using language referring to subaccounts when creating an account that draws from an existing fund. Instead, create a new account and identify the existing fund as the location for the new account. The newly created account will be established within the existing fund and will be properly accounted for within that fund.​​

For example, avoid the following:​

​The manufacturing cluster acceleration subaccount is established in the economic development strategic reserve account.

Instead, consider the following:

​​The manufacturing cluster acceleration account is created in the economic development strategic reserve fund.

If it is not feasible to rename the "account" a "fund," referring to the account by name is preferable to using language referring to creating a subaccount.

(n) Gifts or grants to an agency. Example:

​The (commission, board, etc.) may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the (commission, board, etc.) and spend gifts, grants, or endowments or income from the public or private sources according to their terms.

(o) Joint select committees or legislative task forces. Use joint select committee when only legislators are to be appointed; use legislative task force when both legislators and nonlegislative members are to be appointed. If the members are appointed exclusively by the president of the senate and the speaker of the house of representatives, the preferred format is a concurrent resolution rather than a bill. The preferred format is a bill when the study requires participation of the executive branch. The following is suggested language to use when creating a joint select committee or legislative task force:

NEW SECTION. Sec.       . (1)(a) A joint select committee/legislative task force on        is established, with members as provided in this subsection.

(i) The president of the senate shall appoint      member[s] from each of the two largest caucuses of the senate.1

(ii) The speaker of the house of representatives shall appoint      member[s] from each of the two largest caucuses of the house of representatives.1

(iii) The president of the senate and the speaker of the house of representatives jointly shall appoint      members representing [local government or private sector interests].

(iv) The [governor or other named elected official] shall appoint ____ members representing [state agencies].2

(b) The committee/task force shall choose its chair/cochairs from among its [legislative] membership. [legislator/official] shall convene the initial meeting of the committee/task force.

(2) The committee/task force shall review the following issues:

(a) ...

(b) ...

(c) ...

(3) Staff support for the committee/task force must be provided by the senate committee services and the house of representatives office of program research.3

(4) Legislative members of the committee/task force are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW.

(5) The expenses of the committee/task force must be paid jointly by the senate and the house of representatives.3 Committee/task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.

(6) The committee/task force shall report its findings and recommendations to the [governor, named elected official, and the] appropriate committees of the legislature by [date].

(7) This section expires [date].

Comment

1Optional additional language might include: At least one member from each caucus must be a member of the senate/house of representatives committee, or successor committee.

2Executive branch members may be included as voting or nonvoting members. For nonvoting members, the following language is suggested:

"( ) The department of                    shall cooperate with the committee/task force and maintain a liaison representative, who shall be a nonvoting member."

Alternatively, agencies may be required to assist the committee/task force. If so, the following language is suggested:

"( ) The department of                         shall cooperate with the committee/task force and provide information as the chair/cochairs may reasonably request."

3If the task force includes executive branch members, the legislation may direct staffing by the executive branch instead, and subsection (3) will be replaced and the first sentence of subsection (5) deleted.

If the scope of the study may require outside expert resources, an identified funding source should be included. The following additional language is suggested:

"( ) The committee/task force may contract with additional persons who have specific technical expertise if the expertise is necessary to carry out the mandates of the study. The committee/task force may enter into such a contract only if an appropriation is specifically provided for this purpose."

It may be useful to specify that the committee/task force may form an advisory group or groups by adding a subsection using the suggested language below. If a mandatory advisory committee is desired, member representation, appointment authority, and travel reimbursement should be specified.

"( ) The committee/task force, where appropriate, may consult with individuals from the public and private sector or ask the individuals to establish an advisory committee. Members of such an advisory committee are not entitled to expense reimbursement."

(p) Licensing scheme. In order to comply with federal temporary assistance for needy families (TANF) requirements, the following language should be included, and modified as necessary, when creating a licensing scheme.

(i) If you are creating a new section:

The secretary shall immediately suspend the license of any person subject to this chapter who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in RCW 74.20A.320.

(ii) If there is an existing section that has grounds for license denial, suspension, or revocation, the following language may be added rather than creating a new section:

The director may deny, suspend, revoke, or refuse to issue a license to any person who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in RCW 74.20A.320.

For a variety of examples, see RCW 18.04.430, 18.130.127, and 46.20.291(8).

(q) Null and void clauses. (i) Null and void clauses are used to prevent an act or a section of an act from becoming law if funds for the act or section of an act are not provided in the budget. The code reviser's office does not add this clause without specific direction.

(ii)(A) Example of a null and void clause for an entire act:

If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, year, in the omnibus appropriations act, this act is null and void.

(B) Example of a null and void clause for a specific section or sections of an act:

If specific funding for the purposes of section ... of this act, referencing section ... of this act by bill or chapter number and section number, is not provided by June 30, 2023, in the omnibus appropriations act, section ... of this act is null and void.

(iii) A null and void clause should not be used to terminate or expire the application of an act or section after it has already become law. If the act or section has already become law, an application section or contingent expiration section should be used to prevent the continued application of the act or section or to expire the act or section if a stated contingency occurs.

(r) Penalty clauses—Sentencing. For the punishment of misdemeanors, gross misdemeanors, and felonies if not fixed by statute, see RCW 9.92.010 through 9.92.030. For the classification and punishment of misdemeanors, gross misdemeanors, and felonies defined in Title 9A RCW, see RCW 9A.20.010 and 9A.20.021. Note that the performance of an act prohibited by statute for which there is no specified penalty is a misdemeanor. RCW 9A.20.010(2). For the classification of crimes based on punishment, see RCW 9A.04.040.

Examples:

A person violating this (section/chapter) is guilty of a misdemeanor and is subject to the penalties in RCW          .

A violation of or a failure to comply with this (section/chapter) is a misdemeanor. Each day upon which a violation occurs constitutes a separate violation. A person violating this (section/chapter) may be enjoined from continuing the violation.

A person violating this (section/chapter) is guilty of a misdemeanor.

A person convicted of negligent homicide by means of a motor vehicle shall be punished by imprisonment in the state penitentiary for not more than 20 years, or by imprisonment in the county jail for not more than one year, or by a fine of not more than $1,000, or by both fine and imprisonment. (Based on original from 57 Wn.2d 295, 300 (1960) (citing then - RCW 46.56.040).)

The following form should be used only within sections codified in Title 9A RCW:

(Name of crime) is a class (A/B/C) felony.

If the penalties of a classified felony are to be applied to a criminal act that is defined outside Title 9A RCW, the following form should be used because it incorporates the specific sentences authorized for the various classified felonies under Title 9A RCW:

A violation of this (section/chapter) is punishable as a class C felony according to chapter 9A.20 RCW.

Other alternative penalties apparently approved Olsen v. Delmore, 48 Wn.2d 545 (1956):

Alternative penitentiary or county jail imprisonment: RCW 9.02.010.

Alternative penitentiary imprisonment or fine: RCW 9.02.020 and 9.05.020.

The penalties in Olsen seem to have been sanctioned on the ground that the crimes described are felonies prescribing alternative punishments.

Held unconstitutional (5 to 4 decision) was the following:

A violation of any preceding provision of this chapter is punishable by a fine of not more than $500 dollars or imprisonment in the county jail for not more than one year or both, or by imprisonment in the penitentiary for not less than one year nor more than 10 years.

The court said that the section violates the equal protection clause of the Constitution in that it "purports to authorize prosecuting officials to charge violations of the uniform firearms act either as a gross misdemeanor or as a felony." Olsen, 48 Wn.2d at 550.

See also State v. Reid, 66 Wn.2d 243 (1965); State v. Saylors, 70 Wn.2d 7 (1966); State v. Blanchey, 75 Wn.2d 926 (1969); and State v. Ensminger, 77 Wn.2d 535 (1970).

Motor vehicle criminal penalties

To impose a misdemeanor or greater criminal penalty, rather than an infraction, on a motor vehicle offense within Title 46 RCW, it is necessary to amend RCW 46.63.020. That section specifies those offenses that are subject to processing as crimes instead of as noncriminal traffic offenses. See State v. Taylor, 97 Wn.2d 724 (1982).

Sentencing

An act that alters a sentencing scheme should include a clause that indicates at what point in time a person is subject to the new scheme. Examples:

(i) This act applies to crimes committed on or after July 1, year.

(ii) Sections 601 through 605 of this act, for purposes of sentencing adult or juvenile offenders, take effect July 1, year, and apply to crimes or offenses committed on or after July 1, year.

(s) Prospective or retroactive effect clauses. A statute is given prospective effect only, unless the statute indicates that it is to be applied retroactively. If it is intended that a bill should be a​pplied retroactively, a section of the bill should clearly express that intent. The court is reluctant to imply retroactive application. Everett v. State, 99 Wn.2d 264, 270 (1983).

Occasionally a court will apply a statute retroactively even though it contains no provision directing such an application. This is most often true with statutes relating to practice, procedure, and remedies. See Godfrey v. State, 84 Wn.2d 959 (1975). Godfrey held that a newly enacted comparative negligence statute applied retroactively to lawsuits commenced after the statute's effective date but whose operative facts occurred before the statute took effect.

Litigation to determine the retroactive effect of the statute might not have been necessary had clear direction as to its application been included in the bill. The drafter could have indicated a retroactive effect by including a section as follows:

NEW SECTION. Sec. 4. This act applies to all causes of action commenced on or after the effective date of this section, regardless of when the cause of action arose. To this extent, this act applies retroactively, but in all other respects it applies prospectively.

A prospective application may be indicated as follows:

NEW SECTION. Sec. 4. This act applies prospectively only and not retroactively. It applies only to causes of action that arise (if change is substantive) or that are commenced (if change is procedural) on or after the effective date of this section.

Clarification of intent can avoid a lawsuit. If there is doubt on the question of prospective or retroactive application, the drafter should spell out what is intended.

(t) Referendum clauses.

(i) Referral under initiative and referendum provisions (Article II of the state Constitution):

The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation.

(ii) Referral required because of constitutional debt limitation (Article VIII of the state Constitution):

The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article VIII, section 3 of the state Constitution and the laws adopted to facilitate its operation.

(iii) Referral under RCW 43.135.034 for exceeding the expenditure limit under chapter 43.135 RCW:

The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with RCW 43.135.034.

(iv) Article II, section 1(b) of the state Constitution provides that a referendum "may be ordered on any act, bill, law, or any part thereof passed by the legislature, except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing institutions, either by petition signed by the required percentage of legal voters, or by the legislature as other bills are enacted." (Emphasis added.) For a discussion of a referendum on less than an entire act, see State ex rel. Pennock v. Coe, 42 Wn.2d 569 (1953). An example may be found in Referendum Measure No. 39, 1977 Official Voters Pamphlet. For a discussion of emergency clauses, see (j) and (k) of this subsection.

A bill referred to the people by petition is designated a "referendum measure." A bill referred to the people by the legislature is designated a "referendum bill." In the latter case, the legislature may prescribe the ballot title. See RCW 29A.72.040 and 29A.72.050.

(u) Reports to the legislature/governor. 

(i) RCW 43.01.036 requires that all reports to the legislature, and all annual and biennial reports to the governor, be submitted in electronic format and provide for online access, among other requirements. When drafting language requiring submission of a report to the legislature or the governor, the drafter may consider including the following language: "By [list date report is due to be submitted], and in compliance with RCW 43.01.036, the department shall submit a report to the [legislature/governor] that details. . . . ."

(ii) RCW 40.07.030 requires a copy of any annual, biennial, or special report to the governor or the legislature to be filed with the state library as a public record.

(v) Savings clauses. The general rule is that repealing acts terminate all rights dependent upon the repealed statute and all proceedings based upon it. Lau v. Nelson, 89 Wn.2d 772 (1978), overruled on other grounds by Roberts v. Johnson, 91 Wn.2d 182, 188 (1978). An amendatory act constitutes a repeal of the amended act to the extent the two acts are inconsistent. To preserve existing rights and obligations, a savings clause should be used, especially if the statute could be applied retroactively. Seattle-King County Council of Camp Fire v. Dept. of Revenue, 105 Wn.2d 55, 63-64 (1985). Note that RCW 10.01.040 presumes a savings clause in the case of the express or implied repeal of a criminal offense, penalty, or forfeiture. Examples:

(i) This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.

(ii) (Sections     through     of this act/this chapter) do/does not terminate or modify any civil or criminal liability that exists on the effective date of this section.

(iii) (Sections     through     of this act/this chapter/this section) are/is cumulative and nonexclusive and do/does not affect any other remedy.

(iv) This act does not repeal, amend, or modify any law providing for water supply for any city or town but is an additional and concurrent method providing for this purpose.

(v) NEW SECTION. Sec. 99. The following acts or parts of acts are each repealed:

(1) RCW 3.20.130 (Venue, criminal actions—Justice of the peace districts) and 1951 c 156 s 16; and

(2) RCW 3.20.131 (Venue in criminal actions) and 1953 c 206 s 4.

 NEW SECTION. Sec. 100. The repeals in section 99 of this act do not affect any existing right acquired or liability or obligation incurred under the statutes repealed or under any rule or order adopted under those statutes nor do they affect any proceeding instituted under them.

(w) Severability clauses.

(i) State version.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

"An act of the legislature is not unconstitutional in its entirety because one or more of its provisions are unconstitutional unless the invalid provisions are unseverable and it cannot reasonably be believed that the legislature would have passed the one without the other, or unless the elimination of the invalid part would render the remainder of the act incapable of accomplishing the legislative purpose." State v. Anderson, 81 Wn.2d 234, 236 (1972). A severability clause is viewed by the court as a persuasive indication of legislative intent offering ". . . to the courts the necessary assurance that the remaining provisions would have been enacted without the portions which are contrary to the constitution." Anderson, 81 Wn.2d at 236.

(ii) Federal version.

(A) If the drafter anticipates the receipt of federal funds under the act, the drafter may want to use a federal severability clause:

If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

Other examples are RCW 43.88.220, 74.29.055, and 74.42.630.

In Yelle v. Bishop, 55 Wn.2d 286 (1959), the state supreme court found substantially similar language valid against a challenge that the language unlawfully delegated legislative power to the federal government. The court held that the delegation was proper and that there was no attempt to adopt or incorporate future changes in federal statutes or regulations. Yelle, 55 Wn.2d at 303. See discussions of incorporation and delegation in subsection (12)(f) and (h) of this part.

(B) If federal unemployment tax credits are involved, the drafter may want to use the following clause:

If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and this finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.

(iii) The invalidity of one portion of a legislative act has the effect of invalidating the remaining portions, despite the legislature's inclusion of a severability clause, if the purpose of the entire act would be overcome by severing the invalid portion. See Dep't of Fisheries v. DeWatto Fish Co., 34 Wn. App. 135, 151 (1983), reversed on other grounds by State v. De Watto Fish Co., 100 Wn.2d 568 (1983).

(x) Short title.

This (act/chapter) may be known and cited as the dental appliances act.

Avoid including a year in the name of the act.

(y) Staggered terms. In creating new boards, committees, or other entities, staggered terms are often used for the initial appointments to create a changing membership throughout the life of the entity. Example:

The members shall serve five-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for five-year terms. Thereafter, members must be appointed for five-year terms.

(z) Sunset and termination clauses. The sunset process involves a review by the joint legislative audit and review committee and is intended to terminate an agency or program in a given year and repeal the underlying statutes in the following year. RCW 43.131.010 through 43.131.150 are scheduled to expire June 30, year. See RCW 43.131.900.

If the drafter wishes the sunset review procedures under chapter 43.131 RCW to be used, the drafter should add two sections to chapter 43.131 RCW, one terminating the authority and one repealing all underlying statutes the following year.

The sunset process is not the same as a termination or an expiration. Do not use these terms synonymously.

The following is a suggested termination clause:

The (board, commission, etc.) terminates (date).

For a discussion of methods of expiring sections generally, see (l) of this subsection.

For more information on the sunset review process, go to the joint legislative audit and review committee's website at http://www.leg.wa.gov/jlarc/Documents/WhatisaSunsetReview.pdf."

(aa) Tax-exempt entities. When referring to charitable entities that are exempt from federal income tax, the drafter should use the following language: ". . . an entity that is exempt from taxation under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended, as of [insert desired date] . . . . ."

(bb) Tax preference legislation—Performance statements and expiration dates. RCW 82.32.808 requires the inclusion of performance statements in legislation that establishes, expands, or extends a tax preference, unless explicitly exempted. See also RCW 82.32.805 and the Joint Legislative Audit and Review Committee document "Legislative Auditor's Guidance for Drafting Tax Preference Performance Statements" (January 2014) available through the Joint Legislative Audit and Review Committee’s website at www.leg.wa.gov/JLARC.

Under RCW 82.32.805(1)(a), a new tax preference is subject to an automatic ten-year expiration date, unless provided otherwise. For clarity, any new tax preference, for which an expiration date is intended, should always expressly state the intended date, even if the intent is to expire the preference under the 10-year default. If the intent is for the tax preference to not expire, an express statement that the expiration date provisions of RCW 82.32.805(1)(a) do not apply to the tax preference must be included.

(cc) Travel expenses—Reimbursement. Elective and appointive state officials and state employees are entitled to a subsistence and lodging expense allowance under RCW 43.03.050 and a mileage allowance under RCW 43.03.060 while engaged in official business away from their designated posts of duty. But persons appointed to serve without compensation may receive the subsistence and lodging expense allowance under RCW 43.03.050 only if they are "entitled to payment of travel expenses." See RCW 41.04.300, 42.24.090, 43.03.050, 43.03.060, 43.03.220 through 43.03.265, and 44.04.120.

The following provision authorizing payment of these expenses is technically necessary only for uncompensated persons, but it is often used for both compensated and uncompensated persons:

Members of the (board, commission, etc.) must be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

For travel allowances for officers and employees of political subdivisions, see RCW 42.24.090. The compensation for members of different types of part-time boards and commissions is set forth in RCW 43.03.220 through 43.03.265.

If an additional amount of money is intended as compensation per day, it should be stated separately as a rate per day or otherwise.

If the bill provides for legislators to be members of the entity being created, the bill should distinguish the legislators from the nonlegislators. Legislators on official business are entitled to reimbursement for travel expenses under RCW 44.04.120. Note that Article II, section 13 of the state Constitution provides:

No member of the legislature, during the term for which he is elected, shall be appointed or elected to any civil office in the state, which shall have been created during the term for which he was elected. Any member of the legislature who is appointed or elected to any civil office in the state, the emoluments of which have been increased during his legislative term of office, shall be compensated for the initial term of the civil office at the level designated prior to the increase in emoluments.

For a discussion of the term "civil office" and the extent of the ineligibility, see Oceanographic Commission v. O'Brien, 74 Wn.2d 904 (1968). Generally, a legislator is ineligible to serve as a voting member of a policy-making board, as opposed to an advisory board, during the legislator's term of office if the position on the board was created during that term. The ineligibility may be avoided by postponing the legislator's appointment, or the member's authority to vote, until after the expiration of the legislator's term of office.

(dd) Waivers. If you are creating a new waiver of higher education operating fees that is subject to the limitations in RCW 28B.15.910, you should amend RCW 28B.15.910 and add a reference to the new waiver section in subsection (2). If the waiver you are creating is for services and activities fees, the reference to the new waiver section should be in subsection (3). The language "Subject to the limitations in RCW 28B.15.910, . . ." in the new waiver provision is the key to whether you should amend RCW 28B.15.910.

(12) GENERAL DRAFTING PRINCIPLES

(a) Length of sections. In creating new legislation, divide the material into short, concise sections. Short sections facilitate future amendment. As a rule of thumb, if the content of a section cannot be described in a one-line caption, the section should be divided into two or more sections. Short sentences are likewise preferable. Designation of sections has implications for vetoes. See Washington State Legislature v. Lowry, 131 Wn.2d 309 (1997).

(b) Internal references in a bill. In referring to other parts of a bill, the drafter should refer to specific sections. Avoid references such as "herein," "hereinbefore," "hereinafter," "preceding," "above," and "following," since these references are ambiguous, and the relative position of the material referred to may be changed by legislative amendment or in codification.

Avoid through references such as "RCW 13.34.030 through 13.34.161." New sections might be placed within the beginning and ending references that may be contrary to the intent of the through reference citation.

Keep the reference as concise as possible, as in "under section 21(2)(b) of this act," not "subparagraph (b) of subsection (2) of section 21 of this act." See Part IV (5)(b) of this guide for examples.

When referring to an amendatory section in the bill, use the RCW citation and not the section number.

If referring to a codified section, always refer to it by the RCW number and not to its session law or bill section number counterpart. A session law or bill number reference places an overly restrictive construction on the section. A reference to an amendatory section by its bill section number ("section 5 of this act"), and not its RCW number, may be construed as a reference to only the amendatory portions of the section and not the entire section.

(c) Reference to "this act." Avoid using a general reference to "this act." Reference to a specific section of the act is preferable to reduce ambiguity and so there are no translation problems in codification.

If the act or the part referred to will become a new chapter in the code, refer to "this chapter." If the act consists of amendments or the repeal of codified material, as well as new material either added to an existing chapter or material to be codified as a new chapter, consider carefully the use of "this act" or "this chapter." Use "this act" only if reference to every individual provision of the current act is intended. Use "this chapter" if reference to a particular chapter of the RCW is intended. Reference to certain sections of the act may also be appropriate, such as "under sections 10 through 15 of this act." If a portion of a bill constitutes a new chapter and reference is made to that chapter in other sections of the bill, the drafter should cite to the chapter in the form, "chapter 77.-- RCW (the new chapter created in section .  .  .  of this act)," leaving only the chapter number blank, to be filled in during codification. Within the chapter itself, reference should be made to "this chapter."

(d) References to other bills. If reference is made to a bill currently before the legislature, use the form "chapter     ([House] [Senate] Bill No.    ), Laws of    " filling in as many parts of the citation as are known at the time. A section may also be referred to in a similar manner.

If the drafter needs to identify a specific budget bill, the proper reference is to the "omnibus operating appropriations act" for the operating budget, "omnibus capital appropriations act" for the capital budget, and "omnibus transportation appropriations act" for the transportation budget.

(e) Reference to Washington statutes. Reference in a bill to an RCW section, chapter, or title incorporates future changes in that law, unless a contrary intent is clearly expressed. The phrase "as now or hereafter amended" should not be used. However, if it is intended that the referring statute should invoke the statute to which reference is made only as it exists at the time the referring statute is enacted, the citation should include the limiting phrase "as existing on the effective date of this section." For example:

The tax imposed in this section does not apply to motor vehicle fuel, as defined in RCW 82.38.020, as existing on the effective date of this section.

Before June 10, 1982, the presumption was that reference to a specific statute only incorporated the statute as it existed on the date the bill was enacted, unless a contrary intent was evidenced. City of Seattle v. Green, 51 Wn.2d 871, 874 (1958). In referring to other Washington statutes by reference, if it were intended that the referring statute should invoke the statute to which reference is made as it then existed and as it was subsequently amended, the citation usually included the phrase "as now or hereafter amended." The legislature reversed this presumption with RCW 1.12.028.

(f) Incorporation by reference. Incorporation by reference of statutes from other jurisdictions or of other materials, such as building or fire codes, should be drafted to refer to a specific statute or edition as it existed at a particular point in time. The state supreme court has indicated that an attempt to incorporate future changes in federal laws or regulations would be an invalid delegation of legislative power. See State v. Dougall, 89 Wn.2d 118, 122-23 (1977). Also see: State ex rel. Kirschner v. Urquhart, 50 Wn.2d 131, 137 (1957); State v. Reader's Digest Ass'n, 81 Wn.2d 259, 275 (1972). The same rationale would apply to other source material.

To incorporate later versions without making an invalid delegation of legislative power, the following is suggested:

Applicants must meet the requirements of the federal internal revenue code as it existed on the effective date of this section, or such subsequent date as may be provided by the board by rule, consistent with the purposes of this section.

Also see the discussion of delegation of legislative authority in (h) of this subsection.

(g) Gender. In 1983, the legislature required drafting with gender-neutral terms. RCW 44.04.210 states:

(1) All statutes, memorials, and resolutions enacted, adopted, or amended by the legislature after July 1, 1983, shall be written in gender-neutral terms unless a specification of gender is intended.

(2) No statute, memorial, or resolution is invalid because it does not comply with this section.

However, in construing statutes, terms in the code referring to the masculine gender, such as "he," "his," or "workmen," also extend to the feminine gender. See RCW 1.12.050. Instead of the cumbersome disjunctive "he or she" or "his or her," it is best to avoid all personal pronouns reflecting gender, as shown in the following example: "The director or the director's designee shall deposit in the workers' compensation fund such moneys as the director deems necessary."

(h) Delegation of legislative authority. The delegation of legislative power, such as rule-making authority, to a person or agency must satisfy certain standards, as outlined in Barry & Barry, Inc. v. Dept. of Motor Vehicles, 81 Wn.2d 155, 159 (1972):

. . . the delegation of legislative power is justified and constitutional, and the requirements of the standards doctrine are satisfied, when it can be shown (1) that the legislature has provided standards or guidelines which define in general terms what is to be done and the instrumentality or administrative body which is to accomplish it; and (2) that procedural safeguards exist to control arbitrary administrative action and any administrative abuse of discretionary power.

In adopting this test, the court overruled earlier decisions holding that legislative authority may not be delegated unless accompanied by specific or precise standards. In Barry, the court shifted its focus from statutory standards to the need for procedural safeguards, which the court held was satisfied by the procedural requirements of the administrative procedure act. See also In re Powell, 92 Wn.2d 882 (1979).

In United Chiropractors of Washington, Inc. v. State, 90 Wn.2d 1 (1978), the court held invalid statutes authorizing private professional associations to appoint members of the professional examining and disciplinary boards, even though in the case of one of the boards the governor was permitted to make the actual appointments from among nominations submitted by the private associations. The court used the second component of the Barry test to conclude, on due process grounds, that the "procedural safeguards which exist in this scheme are inadequate to control arbitrary administrative action and abuse of discretion in licensing and disciplining of chiropractors not belonging to the favored groups." United Chiropractors, 90 Wn.2d at 6. Also see State v. Dougall, 89 Wn.2d 118 (1977), and the discussion of incorporation by reference in (f) of this subsection.

(i) Provisos. A proviso is "a restraint or limitation upon, and not an addition to, that which precedes it." State v. Collins, 94 Wash. 310, 313 (1917). It generally begins with the word "provided." Provisos should not be used. It is often difficult to determine precisely what a proviso is attempting to modify, particularly where several provisos are used in a string. See limitations, exceptions, and conditions in (s) of this subsection and the last antecedent rule in (v) of this subsection.

A proviso should be avoided entirely by setting out the exception in an independent sentence following the general provisions. The meaning is the same and structure is simplified. See Sutherland §§ 20:22, 21:11; Dickerson § 7.11.

If a proviso must be used, its function should be to except something from the general clause immediately preceding it, or otherwise qualify or restrain it. See Part IV (1)(h) of this guide for examples. Usually, the use of "but . . ." "except . . ." or "however . . ." will accomplish the same purpose. A proviso is always strictly construed and any doubts will be resolved in favor of the general provisions rather than the proviso. See State v. Wright, 84 Wn.2d 645, 652 (1974). A proviso should only be used to introduce an exception and not merely as a conjunction between two unrelated clauses.

(j) The "one subject" rule. Article II, section 19 of the state Constitution requires that, "No bill shall embrace more than one subject, and that shall be expressed in the title." See also Senate Rule 25. A bill may violate the "one subject" rule even though the title of the bill is broad enough to cover all aspects of the bill. The state supreme court applies the "rational unity" test to determine whether a bill contains more than one subject:

. . . where the title embraces a general subject it is not violative of the constitution even though the general subject contains incidental subjects. All that is required is that there be some "rational unity" between the general subject and the incidental subdivisions.

Fritz v. Gorton, 83 Wn.2d 275, 290 (1974), quoting Water Dist. 105 v. State, 79 Wn.2d 337, 341 (1971). See also State v. Grisby, 97 Wn.2d 493, 498 (1982), Pierce County v. State, 150 Wn.2d 422, 429-31 (2003), and Garfield County Transportation Authority v. State, 196 Wn.2d 378 (2020).

For a discussion of the sufficiency of the title under Article II, section 19 of the state Constitution, see subsection (8) of this part. A similar, but separate, issue arises under the "scope and object" clause in Article II, section 38 of the state Constitution.

For initiatives, the "title" in question has been interpreted by the courts to mean the ballot title, not the title on the initiative itself. See Fed'n of Employees v. State, 127 Wn.2d 544 (1995), State v. Thorne, 129 Wn.2d 736 (1996), and State v. Manussier, 129 Wn.2d 652 (1996).

(k) Enrolled bill doctrine. "[T]he enrolled bill on file in the office of the Secretary of State, which is duly signed by the presiding officers of both houses (as required by Article II, section 32 and Article III, section 17 of the state Constitution) and otherwise appears fair upon its face, is conclusive evidence of the regularity of all proceedings necessary for its proper enactment in accordance with the constitutional provisions.  . . . The constitutional principle upon which this doctrine is based is that the three branches of state government are co-equal in dignity and that none of them is entitled to look behind the properly certified record of another to determine whether that branch has followed the procedures prescribed by the constitution, but rather each is responsible and answerable only to the people for its proper performance of the function for which it is constituted." Citizens Council v. Bjork, 84 Wn.2d 891, 897 n.1 (1975). See also Roehl v. P.U.D. No. 1, 43 Wn.2d 214 (1953); Sutherland § 15:3. In Roehl , the court held that the enrolled bill doctrine prevents the court from looking beyond the face of the enrolled bill to determine if an amendment to the bill was beyond the scope and object of the bill in violation of Article II, section 38 of the state Constitution. The court considered and rejected the "journal entry rule," which allows the constitutional validity of an enrolled bill to be rebutted by the legislative history of the bill as recorded in the official legislative journals. See Sutherland, § 15:5.

(l) Amending without setting forth in full—Amendments to sections by reference. (i) Article II, section 37 of the state Constitution provides, "No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length." See also Senate Rule 26 and House Rule 11(F) (permanent rules of the Senate and House of Representatives have not been adopted as of the time of the publication of this guide). The purpose of this constitutional provision is to inform the legislature and the public as to the nature and effect of proposed and enacted statutes. It is not intended to restrict or hamper the legislature, but to regulate the method of enactment.

(ii) This is an example of amending a section by mere reference:

NEW SECTION. Sec. 1. A new section is added to chapter 43.21A RCW to read as follows:

Notwithstanding the provisions of RCW 15.54.480, fertilizer inspection fees must be deposited into the water quality account.

Generally, this requirement does not apply to supplemental acts that do not modify or alter the original act in any way, to acts that merely add new sections to an existing act, or to acts complete in themselves, not purporting to be amendatory, but that by implication amend other legislation on the same subject. On the other hand, the courts are equally emphatic that if an act is not complete in itself and is clearly amendatory of a former statute, it falls within the constitutional inhibition whether it purports on its face to be amendatory or an independent act. State ex rel. Living Servs., Inc. v. Thompson, 95 Wn.2d 753, 757 (1981).

In the past, Article II, section 37 of the state Constitution was not strictly observed and the supreme court expressly allowed general statutes to be temporarily "suspended" by conflicting language in the appropriations act. State ex rel. Jones v. Clausen, 78 Wash. 103, 112 (1914). But the state supreme court overruled Jones and revitalized Article II, section 37. In Flanders v. Morris, 88 Wn.2d 183 (1977) and Washington Education Assoc. v. State, 93 Wn.2d 37 (1980), the court held invalid provisions of temporary budget acts that conflicted with codified statutes. Flanders, 88 Wn.2d at 191:

We realize that in certain instances the legislature must place conditions and limitations on the expenditures of monies, but to the extent that such conditions or limitations have the effect of modifying or amending the general law they are unconstitutional enactments. An appropriations bill may not constitutionally be used for the enactment of substantive law which is in conflict with the general law as codified.

In Weyerhaeuser v. King County, 91 Wn.2d 721 (1979), the court considered an amendment to the forest practices act, chapter 76.09 RCW, that limited the application of the shoreline management act (SMA), chapter 90.58 RCW. The court found the amendment invalid because it altered the scope and effect of the SMA, "but did not set out those provisions of the SMA which were affected. . . . The test to be applied, as stated above, is whether it changes a prior act in scope and effect." Weyerhaeuser, 91 Wn.2d at 730-31. In Washington Education Assoc. v. State 93 Wn.2d 37, 40-41 (1980), the court expressed the issue with two questions:

(A) Is the new enactment such a complete act that the scope of the rights or duties created or affected by the legislative action can be determined without referring to any other statute or enactment?

(B) Would a straight-forward determination of the scope of rights or duties under the existing statutes be rendered erroneous by the new enactment?

If an amendment is a "complete act" under the first question and will be codified within the same RCW chapter that is being modified by the new enactment, the supreme court may find the violation of Article II, section 37 of the state Constitution to be a mere technicality that does not invalidate the enactment. In Washington Education Assoc. v. State, 97 Wn.2d 899 (1982), the court dealt with a house bill that modified, without amending, chapter 28B.50 RCW. The court declared:

Undoubtedly, modification of existing laws by a complete statute renders the existing law by itself "erroneous" in a certain sense. Here SHB 782 "restricts the operation" of the existing provisions of RCW 28B.50. . .  Nonetheless, SHB 782 will be codified within RCW 28B.50 and its modification of the existing statute should be apparent. Article II, section 37 was designed to "protect the members of the legislature and the public against fraud and deception; not to trammel or hamper the legislature in the enactment of laws." . . .  The purpose of SHB 782 is not hidden and, to the extent it fails to articulate how it relates to the rest of RCW 28B.50, its infirmities are not of constitutional magnitude.

(iii) In Washington Citizens Action of Washington v. State, 162 Wn.2d 142 (2007), the court held that an initiative violated Article II, section 37 because the text of the statutory law that was set forth to be amended had been altered by a Washington supreme court ruling issued after the initiative qualified for the ballot but before the voters approved the initiative. Washington Citizens Action of Washington, 162 Wn.2d at 162. It is the code reviser's practice to use the most current version of law when amending existing law.

(m) Articles. Do not use "each," "any," "every," "all," and the like, if an article such as "a," "an," or "the" can be used with the same result.

(n) Grammatical changes. Correct grammar and clear expression should be used in all new sections and in new language added to existing sections. In bills amending existing code sections, the drafter should focus on the policy change desired by the requester. Other changes that are intended solely to achieve improved grammar, sentence structure, punctuation, or clear expression and that are not intended to achieve a change in meaning should be made only at the express direction of the bill requester. Avoid voluntary changes in existing code language even to correct grammatical deficiencies. These changes can divert attention from substantive policy changes and can create confusion and added burdens for the proponents of the bill.

Changing existing code language can have unintended substantive ramifications. Changes to achieve fine grammatical improvements to existing language may not be recognized as such and may even be debated by experts. Even to resolve an existing ambiguity, the drafter must choose between two plausible interpretations and, in the process of doing so, a meaning contrary to the requester's intent may be imparted. It is preferable to tolerate a degree of grammatical imperfection in existing code.

(o) Style. The Instructions on Style (Part IV of this guide) should be consulted as to voice, punctuation, word combinations, and subsection numbering.

(p) Captions. Section captions appearing in the code as published do not constitute any part of the law and are not included in a bill drafted for the legislature. Section captions, part headings, subheadings, tables of content, and indexes appearing in legislative bills are not considered any part of the law. See RCW 1.08.017.

(q) Bond bills. Chapter 39.42 RCW authorizes the state finance committee to set such things as terms and issue anticipation notes for all bonds, notes, and other evidences of indebtedness of the state. It is unnecessary to repeat this authorization in each bond bill. Similarly, as chapter 43.99M RCW creates general obligation bond retirement accounts for the various purpose general obligation bonds, it is unnecessary to create a new retirement fund in each bond bill. In addition, it is unnecessary to create new construction accounts in each bond bill; RCW 43.83.020 and 43.99Q.020 create the state building construction account and the state taxable building construction account, respectively.

For an example of a streamlined state various purpose general obligation bond bill, see chapter 43.99Z RCW.

(r) Reference materials. Generally, on the subject of bill drafting, statutory construction, and word usage, see:

(i) Chapter 1.12 RCW;

(ii) Dickerson, Reed. Legislative Drafting. Little, Brown and Co., 1954;

(iii) Garner, Bryan A. Garner's Dictionary of Legal Usage. 3rd ed. Oxford University Press, 2011; 

(iv) Garner, Bryan A. Garner's Modern American Usage. 3rd ed. Oxford University Press, 2009; and

(v) Sutherland Statutes and Statutory Construction. 7th ed. West Group, 2008-2016, 8 vols.

(s) Limitations, exceptions, and conditions. (i) If limitations or exceptions to the coverage of a statute are numerous, notice of their existence should be given in the first part of the statute and they should be stated separately later in the statute.

(ii) If a provision is limited in its application or is subject to an exception or condition, it 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 (b) of this subsection, . . ." Avoid using "notwithstanding" to express a limitation of a general provision of the same act.

(iii) "If," "when," "where." If the application of a provision 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 for an event that is assumed will occur. Example: "When the parties have completed their closing arguments, the judge shall instruct the jury." Use "where" to indicate a particular place.

(iv) Do not use "provided that" or "provided however that," or similar proviso language. Use "except" to create an exception, not to describe an entire category. Instead of stating "a person except one who is 60 years old or older," state "a person who is less than 60 years old." See (s)(ii) of this subsection.

(t) Special legislation. (i) Special legislation is that which relates to particular persons or things, as opposed to "general legislation," which applies to all persons or things within a class. Young Men's Christian Ass'n of Seattle v. Parish, 89 Wash. 495, 497-98 (1916). A law may be general even if the class to which it applies consists of only a single person or thing; but the law must be so framed that all persons or things constituting the class come within its provisions. Young Men's Christian Ass'n of Seattle, 89 Wash. at 498. However, the exclusion of persons or things from a class must be rationally related to the purpose of the law. Island Cty. v. State, 135 Wn.2d 141, 150 (1998).

(ii) The legislature has the power to enact special legislation, except when the state Constitution provides otherwise. Martin v. Tollefson, 24 Wn.2d 211, 214 (1945). The state Constitution contains four provisions related to special legislation:

(A) Article II, section 28 of the state Constitution lists specifically the circumstances in which the legislature is prohibited from enacting private or special laws. See CLEAN v. State, 130 Wn.2d 782 (1997), King County v. Taxpayers of King County, 133 Wn.2d 584 (1997).

(B) "Corporations for municipal purposes shall not be created by special laws." See Article XI, section 10 of the state Constitution. See Seattle v. State, 103 Wn.2d 663 (1985).

(C) Corporations may be formed under general laws, but shall not be created by special acts. See Article XII, section 1 of the state Constitution.

(D) Special privileges and immunities are prohibited. "No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporation." Article I, section 12 of the state Constitution.

(u) Time. If a date is mentioned, time is generally counted from the first moment of that day. For example, "this act takes effect July 1, year," means that the act has effect at the first moment of July 1, year (midnight June 30, year). It is possible that a contrary intent might be implied in a phrase such as "expires December 31, year." For clarity and consistency, the first moment should be used, as in "expires January 1, year." See subsection (11)(j) and (l) of this part for more information on effective dates and expiration dates. The time of day should be written in figures, not words, as: 8:00 a.m.; 12:00 p.m.

RCW 1.12.040 has been interpreted as being generally applicable in some cases for computing time, such as in time limits for filings.

(v) Last antecedent rule. The last antecedent rule provides that, unless contrary intention appears in statute, qualifying words and phrases refer to the last antecedent. However, the presence of a comma before a qualifying phrase is evidence that the qualifier is intended to apply to all antecedents instead of only the immediately preceding one. See Judson v. Associated Meats and Seafoods, 32 Wn. App. 794, 801 (1982) and In re Sehome Park Care Center, Inc., 127 Wn.2d 774, 781-82 (1995). Also see Part IV (1)(f)(v) of this guide.

This rule illustrates that long lists of modifiers, especially a string of provisos, can result in interpretation problems. Simple declarative sentences help to avoid these problems.

(w) Respectful language. RCW 44.04.280 requires drafting using respectful language in reference to individuals with disabilities. RCW 44.04.280 states:

(1) The legislature recognizes that language used in reference to individuals with disabilities shapes and reflects society's attitudes towards people with disabilities. Many of the terms currently used diminish the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members. The legislature finds it necessary to clarify preferred language for new and revised laws by requiring the use of terminology that puts the person before the disability.

(2)(a) The code reviser is directed to avoid all references to: Disabled, developmentally disabled, mentally disabled, mentally ill, mentally retarded, handicapped, cripple, and crippled, in any new statute, memorial, or resolution, and to change such references in any existing statute, memorial, or resolution as sections including these references are otherwise amended by law.

(b) The code reviser is directed to replace terms referenced in (a) of this subsection as appropriate with the following revised terminology: "Individuals with disabilities," "individuals with developmental disabilities," "individuals with mental illness," and "individuals with intellectual disabilities."

(3) No statute, memorial, or resolution is invalid because it does not comply with this section.

(4) The replacement of outmoded terminology with more appropriate references may not be construed as changing the application of any provision of this code to any person.

(13) RESOLUTIONS AND MEMORIALS

(a) Types enumerated.

While the bill is the most common form of legislative measure, formal expressions of the legislature are also stated by:

(i) Concurrent resolution;

(ii) Floor resolution (also known as a resolution or a simple resolution);

(iii) Joint memorial; and

(iv) Joint resolution.

Resolutions and memorials do not require the signature of the governor; they have special functions and should not be used for the general enactment of laws. Article II, section 18 of the state Constitution declares, "And no laws shall be enacted except by bill."

(b) Uses summarized.

(i) *Joint Rule 11 provides, in part:

All memorials and resolutions from the legislature addressed to the President of the United States, to the Congress or either house thereof, to any other branch of the federal government, to any other branch of state government, or to any unit of local government shall be in the form of joint memorials. Proposed amendments to the state Constitution shall be in the form of joint resolutions. Business between the two houses such as joint sessions, adopting or amending joint rules, creating or empowering joint committees, opening and closing business of the legislature and all such related matters shall be in the form of concurrent resolutions. Joint memorials, joint resolutions, and concurrent resolutions, up to and including the signing thereof by the presiding officer of each house, shall be subject to the rules governing the course of bills.

*Note: Joint rules have not been adopted as of the time of publication.

(ii) A floor resolution is a formalized motion of one house of the legislature and deals with its internal affairs or expressions of sentiment or opinion. Some common uses are:

(A) To regulate practice, procedure, and conduct;

(B) To create special committees, except joint committees;

(C) To express an opinion or desire to the other house;

(D) To express sorrow over the death of one of its members;

(E) To express recognition for meritorious service; and

(F) To commemorate an event.

(iii) Appropriations may not be made by resolution (see Article VIII, section 4 of the state Constitution), but a resolution may grant authority to spend money otherwise appropriated. See State ex rel. Todd v. Yelle, 7 Wn.2d 443 (1941). Joint interim committees are always created by bill or by concurrent resolution. Directions to an existing interim committee to make a particular study should be by concurrent resolution, but many interim committees and councils will follow a directive proclaimed by simple resolution.

(iv) Both joint resolutions and joint memorials have been used to ratify recent amendments to the United States Constitution (see 1971 HJM 15 and 1973 HJR 10), although both were drafted in the form and style of joint resolutions. Joint memorials have been used to petition congress to call a constitutional convention to consider amendments to the United States Constitution. See 1963 ex.s. HJM 1 and 1981 HJM 1.

(c) Sample forms.

(i) Concurrent Resolution.

WHEREAS, The State Building Code Advisory Council is statutorily assigned to the duties of monitoring the operation and administration of the State Building Code; and

WHEREAS, The State Building Code was established to provide uniform standards for the safe and efficient construction of buildings throughout the state; and

WHEREAS, There is apparently a lack of uniformity in the implementation of the Building Code resulting in duplication, overlap, and conflict in the building regulations and the various jurisdictions responsible for implementation of the Code;

NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That a joint select committee on the State Building Code be established to review the duties, responsibilities, funding, and the need for the continued existence of the State Building Code Advisory Council; and

BE IT FURTHER RESOLVED, That the committee consist of eight members, four members each selected by the President of the Senate and the Speaker of the House of Representatives; and

BE IT FURTHER RESOLVED, That the committee report its findings and recommendations to the legislature at the regular session held in 2023.

Note: In the resolve clause, the senate should be mentioned first if the concurrent resolution started in the senate and the house of representatives should be mentioned first if the measure was initiated by the house of representatives.

If a resolution directs that nonlegislative staff be hired for a joint select committee, the following language may be used to place a limitation on hiring:

All expenses and hiring of additional staff shall be subject to the approval of the House of Representatives Executive Rules Committee and the Senate Facilities and Operations Committee.

(ii) Floor Resolution.

WHEREAS, Women of character, intelligence, courage, initiative, and compassion have made significant contributions to the growth and development of the State of Washington; and

WHEREAS, Emma Smith De Voe, Nettie Asbury, Catherine May Bedell, Julia Butler Hansen, and Pearl A. Wanamaker are representative of these qualities and contributions; and

WHEREAS, Emma Smith De Voe, of Seattle, was a State President of the National American Women Suffrage Association and led the successful 1910 suffrage campaign; and

WHEREAS, Nettie Asbury helped establish the National Association for the Advancement of Colored People and was a distinguished President of the State Federation of Colored Women of Washington; and

WHEREAS, Catherine May Bedell and Julia Butler Hansen served the State of Washington in an exemplary manner as members of the State House of Representatives and the United States Congress; and

WHEREAS, Pearl A. Wanamaker superbly served the citizens of the State of Washington as State Superintendent of Public Instruction and as a member of the State House of Representatives and the Senate; and

WHEREAS, Women's History Week in Washington is an appropriate time to recognize the contributions of all women in Washington;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor women's contributions in government, in industry, and in the home; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Governor's Interagency Committee on the Status of Women.

Note: These are not ordered printed but are read into and recorded in the House and Senate Journals. They are indexed under the heading "Floor resolutions."

(iii) Joint Memorial.

TO THE HONORABLE JOSEPH R. BIDEN, JR., PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED[, AND TO ANY OTHER APPROPRIATE OFFICIAL OR AGENCY]:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, The eruption of Mount St. Helens on May 18, 1980, was a spectacular and cataclysmic demonstration of the forces of nature; and

WHEREAS, This event should be publicly commemorated;

NOW, THEREFORE, Your Memorialists respectfully pray that the United States Postal Service issue a postage stamp in commemoration of the May 18, 1980, eruption, depicting Mount St. Helens before, during, and after the eruption.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Joseph R. Biden, Jr., President of the United States, [add official or agency named in first paragraph], the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

Note: The senate is always mentioned first in the petition clause whether it is a Senate Joint Memorial or a House Joint Memorial.

(iv) Joint Resolution (Constitutional Amendment).

(A) The proper form for amending a section of the Constitution is as follows:

BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article XV, section 2 of the Constitution of the state of Washington to read as follows:

Article XV, section 2. The legislature shall provide general laws for the leasing of the right to build and maintain wharves, docks, and other structures, upon the areas mentioned in section one of this article, but no lease shall be made for any term longer than ((thirty)) fifty years, or the legislature may provide by general laws for the building and maintaining upon such area wharves, docks, and other structures.

BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.

(B) The proper form for adding a new section to the Constitution is as follows:

BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV of the Constitution of the state of Washington by adding a new section to read as follows:

Article IV, section . . .. The supreme court may . . ..

BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.

The section number is usually left blank to allow greater flexibility in integrating the newly enacted section with the existing sections.

It is not necessary to use the "NEW SECTION." introduction required for new RCW sections.

(C) The proper form for repealing a section of the Constitution is as follows:

BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV of the Constitution of the state of Washington by repealing section 29 thereof in its entirety.

BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.

Notes:

(i) In the resolve clause, whether of a Senate Joint Resolution or a House Joint Resolution, the senate is always mentioned first:

"BE IT RESOLVED, BY THE SENATE AND THE HOUSE OF REPRESENTATIVES . . ."

(ii) Article XXIII, section 1 of the state Constitution provides that "if more than one amendment be submitted [to the people], they shall be submitted in such a manner that the people may vote for or against such amendments separately." See Gottstein v. Lister, 88 Wash. 462 (1915). Thus, in joint resolutions that amend or enact more than one section of the Constitution, the following language is sometimes inserted following the text of the amendment and before the publication clause:

BE IT FURTHER RESOLVED, That this amendment is a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.

The legislature finds that the changes contained in this amendment constitute a single integrated plan for [purpose of amendment]. If this amendment is held to be separate amendments, this joint resolution is void in its entirety and is of no further force and effect.

Conversely, the joint resolution could direct the secretary of state to place each section of the joint resolution on the ballot as a separate amendment. See, for example, SJR 22, 1965 ex.s.

(iii) On the issue of whether the Constitution may be amended by initiative, see Ford v. Logan, 79 Wn.2d 147 (1971) and Gerberding v. Munro, 134 Wn.2d 188 (1998).

(14) COMMITTEE AND FLOOR AMENDMENTS TO BILLS

It is important when writing an amendment to have an accurate version of the document being amended. Be especially conscious of which printer was used to print the document, since there are official printers that accurately reproduce the documents line-for-line and other printers that do not. Legislative staff members should contact their computer system facilitator to ensure that the correct printer is being used.

Note: Amendment to an amendment to the amendment.

Reed's parliamentary rules:

In case the amendment offered, while satisfactory in its design does not in the opinion of a member exactly meet the case, he is at liberty to propose an amendment to the amendment. Here, however, the process must end, for there must somewhere be a limit or confusion would ensue. The general judgment of assemblies has settled upon the limitation of amendments to the second degree. If the amendment to the amendment is not satisfactory to the assembly it can be voted down, and then a new amendment to the amendment will be in order, which in its turn can be rejected, and so on until the assembly is satisfied.

(a) Heading.

All amendments to a bill before the legislature should have a heading that discloses the following information:

(i) The bill being amended;

(ii) Whether the amendment is a floor amendment or a committee amendment;

(iii) The legislator, if desired, or committee, including a conference committee, proposing the amendment; and

(iv) If an amendment is being amended, identification of that amendment.

Examples:

HB 2541 - H COMM AMD

By Committee on Ecology & Parks

EHB 2541 - S COMM AMD

By Committee on Ways & Means

SHB 2121 - S AMD

By Senator          

2SHB 2284 - CONF REPT

By Conference Committee​

In addition, if the amendment proposes to amend a previous amendment to the bill, the proposed amendment must accurately and adequately identify and be addressed to the previous amendment. If the previous amendment is from a committee, use the committee's abbreviated name as found on the first page of the daily bill status pamphlet. The specific identification of the previous amendment, placed in parentheses at the end of the first line of the heading, is either the code reviser draft number, found in the bottom right corner of the previous amendment, or, if there is no code reviser draft number, the staff identification number found at the top left corner of the previous amendment.

Examples:

Amending a code reviser draft:

ESSB 6334 - H AMD TO TR COMM AMD (S-0000.2/17)

By Representative          

Amending drafts from online reports (that are not code reviser drafts):

2SHB 2935 - H AMD TO H AMD (H5231.1)

By Representative          

HB 2821 - H AMD TO H AMD (AMH SPRI DURB 231)

By Representative          

SSB 5451 - H AMD TO LG COMM AMD (5451-S AMH LG MOET 543)

By Representative          

Usually, only a single heading is sufficient for an amendment. A new heading is not necessary every time the amendment refers to a new page on the document being amended. As a general rule, if the amendments under a heading could all be voted on at the same time and effect a cohesive purpose, a single heading is adequate.

(b) Form and style of amendments.

(i) There are no absolute rules to follow in drafting amendments. A correctly drafted amendment allows a person to integrate it into the bill or amendment being amended with the least amount of difficulty. After composing an amendment that adds to or deletes parts of a sentence or paragraph, check to make certain that the sentence or paragraph reads correctly with the additions or deletions.

The drafter should be aware that Article II, section 38 of the state Constitution declares, "No amendment to any bill shall be allowed which shall change the scope and object of the bill." See also Senate Rule 66 and House Rule 11(E) (permanent rules of the Senate and House of Representatives have not been adopted as of the time of publication of this guide).

Remember that all bill drafting rules must be followed in composing amendments. Here are some general rules:

(ii) If amending an RCW section in a bill, all material that the drafter intends to delete from the code section must be replaced with the material shown inside double parentheses and lined out. All new material to be added to the code section must be underlined.

Examples:

On page 1, line 20, after "surgery" strike ", or nursing," and insert "((, or nursing,))"

or

On page 3, line 19, after "surgery" insert "or nursing"

or

On page 4, beginning on line 30, after "(3)" strike all material through "(4)" on line 31, and insert "(("Department" means the department of licensing.

(4)))"

In this last example, subsection (3) is deleted from the law, and the former subsection (4) will become subsection (3). If there were additional subsections remaining in the section, add the following phrase:

Renumber the remaining subsections consecutively and correct any internal references accordingly.

(iii) If amending a new section in a bill, the drafter should delete and add desired material without showing the material deleted as stricken and without underlining the new material being inserted. Additional subsections may be renumbered by directive.

Examples:

On page 5, line 15, after "telephone," insert "radio,"

or

On page 3, line 19, after "telephone" strike "or radio"

or

On page 3, beginning on line 30, strike all of subsection (3)

Renumber the remaining subsections consecutively and correct any internal references accordingly.

(iv) If adding or deleting entire sections in a bill, remember that the remaining sections might need to be renumbered and internal references might need to be changed. These changes may be made individually or they may be made by directive. Individual changes leave less room for error in the engrossing process, but might not be feasible if the bill is long or contains numerous internal references or because additional sections might be added or deleted by other amendments. Also, each amendment, whether new or amendatory, must be enclosed in quotation marks.

Examples:

On page 3, after line 10, insert the following:

"NEW SECTION. Sec. 5. A person may not anchor or moor a vessel within three hundred feet of a public bathing beach."

Renumber the remaining sections consecutively and correct any internal references accordingly.

or

On page 3, line 15, strike "5" and insert "6"

(v) Bring amendments to the code reviser's office. This will increase accuracy and ease of later revision and engrossing, especially for amendments that are lengthy or add a section that amends an existing RCW section. If an amendment is adopted at the committee level and was not submitted to the code reviser's office before adoption, forward an electronic copy of the amendment in Microsoft Word to the code reviser front desk or assistant code reviser, if known, to expedite the engrossing process.

(vi) Only those punctuation marks that are intended to become part of the bill, or to be deleted from the bill, should be included within the quotation marks used to designate the language to be inserted or deleted. Each separate section does not need to be enclosed in quotation marks.

(c) Title amendments. This subsection refers to the part of a bill title after the first semicolon. Changing the legal title of a bill (the material before the first semicolon) is rarely done in the senate and is forbidden in the house of representatives. If a change in the legal title is desired, the requester should consult with senate or house of representatives leadership for approval.

(i) In the senate. A title amendment is usually necessary if an amendment to a bill adds or deletes a section. It is always necessary if the amendment adds or deletes a section that amends or repeals an RCW section. A title amendment is preferred on a striking amendment regardless of whether it is technically required. If there is no title amendment, an amendment to the striking amendment might require an amendment to the bill title. Appropriate punctuation should be inserted in all title amendments. See subsection (8) of this part on bill titles for sections, such as emergency clauses, that need to be reflected in the title.

Examples:

On page 1, line 5 of the title, after "84.36.020;" insert "repealing RCW 84.36.030;"

On page 1, line 2 of the title, after "82.08.020," insert "82.08.050,"

If adding a clause that provides an effective date that is likely to be earlier than 90 days after final adjournment, the effective date should be combined with an emergency clause. The title will need a corresponding amendment.

Example:

On page 1, line 7 of the title, after "84.36.020;" strike "and" and on line 8, after "appropriation" insert "; providing an effective date; and declaring an emergency"

It is ordinarily not advisable to combine amendments to different lines, but it is acceptable in the title merely to make a grammatical correction of this kind.

(ii) In the house of representatives. Generally, title amendments are not used. A directive to correct the title is usually included if necessary.

(d) Amendments to engrossed bills.

If amending engrossed senate or house bills, resolutions, or memorials, it is important that the amendment be written to the engrossed version. An engrossed bill is one in which the amendments of the house of origin have been physically incorporated into the bill. Bills are engrossed by the house of origin before they are transmitted to the other house. But on occasion they may be transmitted before engrossing. See *Joint Rule 22.

Example:

ESB 5082 - H AMD

By          

If the bill were reprinted in the engrossed form, the amendment should refer to the page and line numbers of the engrossed bill only. If a reprinted version is not available, print an engrossed version from the computer system.

*Note: Joint rules have not been adopted as of the time of publication.

(e) Striking amendments.

(i) If drafting numerous or extensive amendments to a bill, consider "striking" the bill by using the following form:

Strike everything after the enacting clause and insert the following:

(ii) Striking the technical portion of a title:

On page 1, line 1 of the title, after "government;" strike the remainder of the title and insert ". . ."

(iii) In the senate, a title amendment must always accompany a striking amendment, whether or not the amendment actually changes elements reflected in the title.

(iv) Amending the legal title in an amendment to a striking amendment applies to Senate amendments since the House of Representatives does not (A) include title amendments on striking amendments, or (B) permit amendments to legal titles. Strike the entire title amendment and insert a new striking amendment:

Beginning on page 16, line 1, strike all of the title amendment and insert the following:

"On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "......"

(v) Since a striking amendment obscures the changes being made in a bill, it should be done only after explaining to the requester how the desired changes could be made in a series of small amendments. Sometimes this is not possible, for example if the entire bill is being substituted with different text. If the requester wants the changes to be apparent, it is better not to use a striking amendment. Frequently, the requester wants a clean copy of the text or does not want the changes to be apparent, in which case the requester will want a striking amendment.

(f) Conference reports. (i) An amendment by a conference committee is referred to as a conference report. It has a heading in the following form:

ESHB 2154 - CONF REPT

By Conference Committee

(ii) All conference reports must contain a title amendment. See (c) of this subsection for a discussion of title amendments.

(g) Effect statements. Effect statements on amendments are the requestor's responsibility. The code reviser's office will add an effect statement, written by the requester, but will not edit the statement except to correct spelling. The code reviser's office does not confirm the statement's accuracy. The format for an effect statement is:

EFFECT: This is the effect of the amendment.

PART III

AVOIDING UNINTENDED LIABILITY

(1) OVERVIEW

Some legislation unintentionally creates new liability for the state. This happens especially when the law establishes new programs or imposes new duties on state agencies but is unclear about who is to do what or which members of the public will benefit. In drafting, it is helpful to consider whether or not you intend to allow the state to be sued for damages for failing to perform some obligation. By following a few guidelines you can make it less likely that liability issues will be left to the courts to sort out.

The best way to avoid creating new liability is to expressly deny it.

Example: "This act does not create a private right of action."

Example: "The department and its employees and agents are not liable for X."

The best way to create new liability is to state so expressly. If you do this, you should be clear about its limits. State exactly: Who bears which new duty; what standard of care applies (negligence, gross negligence, recklessness, or intent); and what kind of relief is available to the aggrieved person (compensatory or other damages, injunctive relief, declaratory relief, some administrative remedy, or a combination of these) and in what forum.

Circumstances may compel you to be less direct. Even then, following the guidelines below will help you avoid creating unintended liability.

(2) GUIDELINES

(a) DO

(i) Be clear.

(ii) State precisely who is covered by a program, whether the program is an entitlement, who is excluded, and how the program is to operate.

(iii) Identify which state agency or official is responsible for carrying out which duties.

(iv) Explain what process, if any, is available to an aggrieved applicant or beneficiary. Do not make residents turn to the courts to find out what their rights are. If legislation provides instruction to an agency, state clearly (A) whether it mandates a particular action or merely authorizes it and (B) who is to exercise any new authority.

(v) When mandates are imposed on public agencies, identify the consequences if the agency does not fulfill those mandates.

Bad: "The department shall record the deed within three days" (with no reference to what happens if it does not).

Good: "The department shall record the deed within three days. However, its failure to do so within this period does not invalidate the transfer."

(b) DO NOT

(i) Do not refer to "rights" unless you intend the courts to provide a remedy. By discussing "rights" while creating a social welfare or licensing program, you might unintentionally make the state legally obligated to an individual who believes he or she should benefit, rather than simply creating the program to improve the lot of state residents generally. If you do list some rights, but do not intend to create a cause of action, state that no cause of action is created.

(ii) Do not state "ensure" unless you mean "guarantee." If you intend to guarantee something, state what will happen if the guarantee fails. If you do not, the courts may fill that vacuum by ruling that a cause of action for damages was implied.

(iii) Do not state "subject to available funds..." or "within available funds...". These phrases leave it unclear whether the legislature intends to: (A) Limit a function to amounts that are explicitly appropriated for that purpose, (B) require that a function be performed within the agency's overall appropriation whether or not funds are explicitly appropriated for that purpose, or (C) provide the agency with discretion to determine whether it has sufficient funding to perform the function.

To limit a program to funds appropriated for it, state "Subject to the availability of amounts appropriated for this specific purpose." See RCW 28A.235.180. Another approach is to direct that "The department shall operate the program within the appropriations provided for the program." See RCW 13.36.090(2).

To require an agency to perform a function whether or not appropriations are explicitly provided for that purpose, use mandatory language to direct the agency to perform the function without placing further conditions on the duty. Adding a reference to "available" appropriations may appear to make the duty conditional or otherwise subject to discretion. If a reference to funding is necessary, state "The department shall operate the program within the department's appropriations."

(iv) Do not use ambiguous or "springing" null and void clauses. A null and void clause allows a bill to continue through the legislative process even when it is unclear whether that year's budget bill will provide funding. The clause makes the bill "null and void" unless it is specifically funded or otherwise referenced in the budget bill by a certain date. "Springing" null and void clauses purport to render the bill null and void at some future date if funding is not provided in later biennia, thus creating a troublesome scenario in which some laws would "spring" in and out of effect. If you want the bill to take effect, but you want to limit the required or authorized actions to fiscal periods in which the program is funded, then use the "subject to the availability of amounts appropriated" language in subsection (2)(b)(iii) of this part.

Bad: "Section 7 of this act is null and void into the future if no funds are appropriated."

Good: "If specific funding for the purposes of this act [or section ... of this act], referencing this act [or section ... of this act] by bill or chapter number [or section number], is not provided by June 30, year, in the omnibus appropriations act, this act [or section ... of this act] is null and void."

(v) Do not use definitions that include the term you are defining. These circular definitions create uncertainty about who is covered or exempted, or what obligations are owed by the state.

Bad: "'Manager' means any manager regardless of status."

Good: "'Manager' means a state employee who directly supervises at least one other state employee."

(vi) Do not codify unnecessarily. In describing agency actions:

(A) Ask whether the activity needs to be codified at all. Codifying agency activities carries a risk: Someone aggrieved by a failure to follow procedures may claim a cause of action against the agency.

Bad: "The deputy director's duties include answering mail from constituents."

Better: "The deputy director should answer mail from constituents but no remedy is available if he or she fails to do so."

Best: Do not put this into statute at all.

(B) If the activity does need to be codified, avoid describing existing practice in a way that sounds prescriptive: "The department will respond to petitions within five days." It is better to simply authorize actions that are likely to be needed: "The department may respond to petitions." If a time limit must be imposed, state what consequences, if any, will occur if the agency does not meet the statutory deadline.

(vii) Do not use passive voice. Do not omit the actor. Say directly who does what. See Part IV (1)(a) of this guide for more on voice.

Bad: "Penalties shall be imposed by the director."

Good: "The director shall impose penalties."

(viii) Do not tie an agency's exercise of discretion to long lists of criteria the agency must apply. These can be read as providing opportunities for challenging the exercise of discretion. Instead, list factors to consider, or, better yet, grant the agency discretion.

(3) INTENT SECTIONS

Intent sections are important. They influence how an act will be interpreted. If you are considering an intent section, follow these guidelines.

(a) Ask whether you really need an intent section. An intent section may be used, for example, to direct the courts to "construe this act liberally so as to effectuate its broad remedial purposes" or, just the opposite, to tell them that "this act should be construed narrowly to protect the civil liberties of those affected by it." It may guide courts or administrative agencies by explaining the bill's core purposes. But when an intent section is used to clarify an ambiguity that could be solved by editing, or worse, just to explain why the bill is good, you run the risk of creating ambiguities that in turn may be interpreted as granting causes of action that the drafter never intended.

(b) Do not describe the law's goal in terms that make it sound like a guarantee. Stating that "the legislature intends that members of the public have a right to prompt police response in an emergency" is appropriate only if you intend that people can sue the police if they do not respond on time.

(c) Do not use terms of art that carry legal baggage ("unfunded mandate," "basic education") unless the baggage is intended.

(d)(i) In a regulatory or social welfare bill, use "public duty" language:

"The legislature declares that this act to [insert statement describing legislation, e.g., improve training for home health care workers] constitutes an exercise of the state's police power to protect and promote the health, safety, and welfare of the residents of the state in general. Accordingly, while this act is intended to protect the public generally, it does not create a duty owed to any individual or entity on the part of the state [or its instrumentalities]."

(ii) This indicates the intent is to authorize the state to exercise its police power, not to create a private right of action.

(iii) If circumstances permit, you may strengthen this by adding an express disclaimer. Examples include:

(A) "This act does not create an entitlement to services."

(B) "This act does not create a private right of action."

(C) "Nothing in this act may be construed to create:

(1) An entitlement to services; or

(2) A private right of action or claim on the part of any individual, entity, or agency against the [department of social and health services] or any contractor of the [department]." (Based on section 2, chapter 266, Laws of 2006.)

(e) If the act is intended to override a judicial interpretation of a statute, say so clearly. Identify the case, the ruling, and exactly what result the act is intended to achieve in relation to that ruling.

Bad: "This act is intended to reaffirm and protect the rights of sea urchin farmers and their families."

Good: "This act is intended to reverse the result of Snerd v. Department by mandating that the department has 60 days to respond to a request to transfer a sea urchin harvesting license to a family member."

(4) CREATING IMMUNITY OR IMPOSING A HIGHER STANDARD OF CULPABILITY

(a) The following is suggested language for creating immunity and eliminating liability for the state and its officers and employees:

"This [act or section] does not create any civil liability on the part of the state or any state agency, officer, employee, or agent."

(b) Liability is typically established by proving negligence. To require a higher standard of culpability before liability may be imposed upon the state, the following is suggested language:

"No civil liability may be imposed by any court on the state or its officers and employees [or instrumentalities] under this [section or act or chapter] except upon proof of [bad faith or willful misconduct or wanton misconduct or willful or wanton misconduct or gross negligence]."

(5) PRESERVING THE LEGISLATURE’S ABILITY TO RESERVE THE RIGHT TO CANCEL OR CHANGE CERTAIN BENEFIT ENHANCEMENTS

In some instances, a drafter may seek to preserve the legislature’s ability to reserve the right to cancel or change certain benefit enhancements at the time of enactment. In Washington Education Association v. Washington Department of Retirement Systems, 181 Wn.2d 212, 227-28 (2014), the Washington state supreme court upheld the legislature's repeal of a pension benefit known as "gain sharing." In this case, the legislature expressly reserved its right to amend or repeal gain sharing with the following language:

"The legislature reserves the right to amend or repeal this chapter in the future and no member or beneficiary has a contractual right to receive this postretirement adjustment not granted prior to that amendment or repeal." Former RCW 41.31.030(2006).

Similarly, in Washington Education Association v. Washington Department of Retirement Systems, 181 Wn.2d 233, 251 (2014), the court followed the same reasoning when the legislature repealed legislation granting future uniform cost of living adjustments (UCOLA) for certain members of a pension plan based on the legislature’s reservation of its right to modify or repeal the UCOLA scheme in the future and specified that it was not creating any contract rights:

"The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to receive this postretirement adjustment not granted prior to that time." RCW 41.32.489(6).

Presumably, other nonpension benefits are subject to modification or repeal as long as the legislature expressly reserves the right to do so at the time of enactment.

PART IV

INSTRUCTIONS ON STYLE

"When style suffers, so does the content. Upgrading the style inevitably upgrades the content." Bryan Garner, How Attention to Style Improves Substance ABA Journal (2013).

"When clarity and readabilities of statutes and rules increase, the need for litigation over meaning decreases and voluntary compliance increases." George C. Pratt, Retired Judge of the U.S. Court of Appeals for the Second Circuit and Former Chair of the Style Subcommittee for the Federal Rules of Practice and Procedure. 

(1) GRAMMAR AND PUNCTUATION

(a) Voice.

(d) Tense and mood.

(i) Use the present tense instead of the future tense. "A person who violates this section . . ." is preferable to "A person who shall violate this section . . ." Similarly, use the present perfect tense instead of the future perfect tense. "After apprehending a person who has violated this section . . ." is preferable to "After apprehending a person who shall have violated this section . . ."

(ii) Proper drafting uses both the indicative mood and the imperative mood, but the uses of the two moods are distinct. The proper role of the imperative mood is to create a legal duty or prescribe a rule of conduct, as in, "The department shall adopt rules." The imperative mood should not be used merely to state a legal result. "This chapter shall not apply to . . ." and "'Vehicle' shall mean . . ." are both "false imperatives" because the purpose of the provision is achieved by the very act of declaring the legal result. As self-executing provisions, the indicative mood is proper. Thus, "This chapter applies to . . ." and "'Vehicle' means . . ." In neither situation is the subjunctive mood appropriate, as in "If the director shall decide that . . ." See Dickerson § 6.6.

(e) Tabulation.

(f) Commas. The use or misuse of a comma can have significant implications. "It is urged that the comma is the lowest and least significant of all punctuation marks. . .  We must confess, however, to a very high regard for the lowly comma." Peters v. Watson Co., 40 Wn.2d 121, 122-23 (1952). The comma is to be used only if required. The most important uses of the comma are described in the following:

(i) In a series of three or more words or phrases, a comma is used after each item except the last, as in "officers, deputies, and employees." This rule applies to both conjunctive, "and," and disjunctive, "or," series.

(ii) A nonrestrictive clause is set off by commas, but a restrictive clause, which is essential to the meaning of the word being modified, should not be set off by commas. Compare the following two sentences, which illustrate a restrictive clause and a nonrestrictive clause, respectively:

Students who hate football should stay home.

Students, who hate football, should stay home.

(iii) A comma is used to separate the independent clauses of a compound sentence, but it should not be used to separate the noun from the verb in a simple sentence. The following examples illustrate the proper use and omission of commas in a simple sentence and a compound sentence, respectively:

The board may adopt rules to implement this chapter and shall report annually to the governor.

The board may adopt rules to implement this chapter, and the board shall report annually to the governor.

(iv) Always place commas around the year when used in a date, thus: For the period from December 1, year, through December 1, year, the rate must . . .

(v) If a qualifying phrase applies to all antecedents instead of only to the immediately preceding one, separate the qualifying phrase from the antecedents with a comma. See Judson v. Associated Meats and Seafoods, 32 Wn. App. 794, 801 (1982) and In re Sehome Park Center, Inc., 127 Wn.2d 774, 781-82 (1995). See Part II (12)(v) of this guide about the last antecedent rule.

(g) Semicolons. A semicolon is not used where a comma will suffice, but is to be used to separate phrases already containing commas. A semicolon, not a period, is used following each item in a tabulated series listing that is introduced by a colon, thus:

The board has the following powers and duties:

(1) Inspection of all dental appliances for safety, durability, and ease of operation;

(2) Licensing of all dental appliance manufacturers; and

(3) Regulation of dental appliance retailers.

(h) Provisos. Provisos should not be used. See discussion in Part II (12)(i) of this guide. If used, the proviso should be preceded by a colon. The words "PROVIDED," or "PROVIDED FURTHER," are written in capitals followed by the word "That," thus: "PROVIDED, That . . ."

(i) Colons. A colon is used to introduce a list or a proviso, as shown in (1)(g) and (h) of this subsection.

(j) Quotation marks. Quotation marks are used to set off a particular word or phrase under discussion, as in a definition of a term.

If the end of a quotation coincides with another punctuation mark, several rules should be observed. Periods and commas are always placed inside the quotation marks. All other punctuation marks, such as colons, semicolons, question marks, and exclamation points are placed inside the quotation marks only if they are part of the material being quoted.

(k) "Which" v. "that."

(i) Use "that" (without a comma) when the clause is restrictive (if you cannot omit the clause without changing the basic meaning). Use "which" (with a comma) when the clause is nonrestrictive (if you can omit the clause without changing the basic meaning). If you ever find yourself using a "which" that does not follow a comma (or a preposition), it probably needs to be a "that."

(ii) Consider the following sentences:

All the cars that were purchased before 2008 need to have their airbags replaced.

All the cars, which were purchased before 2008, need to have their airbags replaced.

(iii) For more discussion on "which" v. "that" see Garner, Bryan A., Garner's Modern American Usage 806 (3rd ed. 2009).

Avoid	Use
and/or	"either A or B, or both"
any and all	(either word)
at such time as	when
at the time of	when
commence	begin
deal with	"address" or "conduct"
deemed to be	is
dispersal (when referring to the distribution of moneys)	disbursement
during such time as	while
during the course of	during
each and all	(either word)
either directly or indirectly	(delete)
employ (meaning "to use")	use
etc.	(delete)
every person, all persons	a person
except when otherwise provided	(delete)
expend	spend
following section	section (fill in number) of this act
for the duration of	during
forthwith	immediately
from and after	after
from July 1st	after June 30th
full and complete	full
give consideration to	consider
greater than	more than
has the duty to	shall
hereafter	after the effective date of this section
hereby	(delete)
herein, hereinafter, hereinbefore, hereinabove, above, below, following, preceding	(These are objectionable if referring to the position of a section or other position; if reference is necessary, specify the title, chapter, section, or subsection by number.)
heretofore	before the effective date of this section
in case	if
in order to	to
institute (verb)	"begin" or "start"
in the event that	if
in the interests of	for
is able to	can
is applicable	applies
is authorized to	may
is binding upon	binds
is directed to	shall or must
is empowered to	may
is entitled to	may
is required to	"shall" (if action) or "must" (if condition)
is unable to	cannot
it is lawful to	may
make application	apply
make payment	pay
make provision for	provide for
means and includes	"means" or "includes" as required
necessitate	require
not later than	by
null and void	void
occasion (verb)	cause
on and after July 1st	after June 30th
on or before July 1st	by July 1st
operable	operative
or, in the alternative	or
per (meaning "according to")	under
per annum	per year
per centum	percent
period of time	"period" or "time" as required
prior to	before
promulgate	adopt
provided (conjunction)	"if" or "but"
provided, however that	"except," "but," or "however," or start a new sentence
regulations	use the term "rules" when referring to state administrative rules; use "regulations" for federal regulations
render (meaning "to give")	give
rules and regulations	rules, unless you are referring to both state rules and federal regulations
said	"the," "that," or "those"
same	(appropriate pronoun)
shall be	is
shall be construed to mean	means
shall constitute	is
shall have the power to	may
shall mean	means
subject to the provisions of	under
subsequent to	after
the provisions of section 5	section 5 of this act
under the provisions of	under
unless and until	"unless" or "until" as required
until such time as	until
utilize	use

Do not capitalize chapter chapter 19.86 RCW city civil rule 60 congress county federal house of representatives internet	Capitalize Cascade mountains Columbia river First word after a colon Geographical names MB (megabyte) Names of colleges and universities Names of nations, states, cities, towns, and counties

legislature line medicaid names of boards, bureaus, departments, or officers thereof names of state funds page section senate state superior court supreme court title	Northwest power planning council Pacific Northwest Puget Sound Revised Code of Washington Thurston county Title 67 RCW Washington Administrative Code Washington State Register X ray

a.m. attorneys' fees attorneys general benefited benefiting canceled canceling cancellation capital (meaning city or money) capitol (meaning buildings) commitment fulfill kidnapped	kidnapping master's degree moneys p.m. publicly rescission therefor (for) therefore (only if meaning consequently) totaling traveled traveling veterans' administration willful

aircraft, airspace, air... antifreeze birthdate biweekly boldface bylaw cleanup (noun) cochair coextensive collocate (place in proximity, esp. referring to words) colocate (share common facilities) councilmember counterclaim countywide coursework courthouse crosswalk cutoff (noun or adjective) database dropout email firefighter floodplain forestland groundwater	handbill inpatient insofar landowner layoff (noun) letterhead marketplace motorboat nationwide nighttime nonjudicial (most words containing "non") ongoing online parimutuel payoff (noun) percent policyholder policymaker posttrial (most words containing "post") presession (most words containing "pre") punchboard ​quitclaim ratepayer​	rearview recordkeeping runoff safekeeping secondhand (adjective) semiannual setoff (noun) shellfish shorelands statewide streamflow subcommittee supersede streetcar systemwide textbooks tidelands timeline timetable trademark wastewater watercourse watercraft waterworks website workforce workload workplace worksite worldwide

at large bona fide child care cut off (verb) day care decision making (noun) ex officio fact finder first aid first class (noun) food fish full time (adverb) hang gliding health care horse racing instream flow lay off (verb) park owner part time (adverb)	pay off (verb) per annum per capita post office pro rata (but prorated) punch card ride sharing rule making (noun) set off (verb) time frame to wit traffic control vice chair vice presidency vice president work group

attorney-at-law attorney-in-fact before-and-after-school by-product clean-up (adjective) co-owner cost-effective	in-state limited-access (highway) long-range non-Indian odd-numbered one-half (though fractions should generally be written out numerically) on-site

court-martial cross-examined cross-pollination cross-reference decision-making (adjective) (Except for "email," words when the "e-" prefix is an abbreviation for "electronic") even-numbered fact-finding fact-finding first-class (adjective) full-time (adjective) fund-raiser fund-raising in-service	out-of-state pull-tabs quasi-judicial quasi-municipal ride-sharing (adjective) right-of-way rule-making (adjective) self-esteem self-incrimination so-called trade-off Tri-Cities up-to-date well-being X-ray (adjective)