Bill drafting guide

Part 4 . 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.

(i) Use active voice whenever possible. In passive voice, the subject of the clause does not perform the action of the verb. Instead, you back into the sentence.

Passive: The report shall be filed by the commission.

Active: The commission shall file the report.

And often in passive voice, the drafter omits the actor altogether – a major source of unclear writing.

Passive: The report shall be filed.

(ii) Passive voice has three problems: (A) It adds unnecessary words; (B) it fails to squarely say who does what; and (C) it subverts the normal word order, making it harder for the reader to process the information.

"In jargon nobody ever does anything, feels anything or causes anything; nobody has an opinion. Opinions are had; causes result in; factors affect. Everything is reduced to vague abstraction." Robert Waddell, "Formal Prose and Jargon" in Modern Essays on Writing and Style 84, 89 (1964).

(iii) Active voice saves words, says directly who does what, and meets the reader's expectation of actor-verb-object sentence order.

(iv) For more discussion on active voice v. passive voice, see Garner, Bryan A., Garner's Modern American Usage 612-13 (3rd ed. 2009).

(b) Buried verbs.

(i) Buried verbs, or derivative nouns, are verbs that have been changed into nouns – usually a noun ending in -tion, -sion, -ment, -ence, -ance, -ity.

(ii) "It is hardly an exaggeration (make that one hardly exaggerates) to say that when the verb will work in the context, the better choice is almost always to use it instead of a buried verb." Garner, Brian A., Garner's Modern American Usage 120 (3rd ed. 2009). "[B]uried verbs ought to be the sworn enemy of every serious writer." Id. at 121.

(iii) There are four reasons to uncover buried verbs: (A) You eliminate prepositions and unnecessary words (perform an analysis of becomes analyze); (B) you eliminate be-verbs (be in possession of becomes possess); (C) you say directly who does what (upon the enforcement of becomes when the court enforces); and (D) readers can more easily understand what you're talking about.

(c) "Shall," "may," and "must."

(i) A statute should be drafted in the present tense because it speaks at the time it is read. Thus, the word "shall" should not be used to state a proposition in the future tense. "Evidence is admissible . . ." is preferable to "Evidence shall be admissible . . ." See Sutherland § 21:10.

(ii) "Shall" should only be used to mean "has a duty to." That is, to require the performance of an act. For example, "the governor shall appoint a director . . ."

Avoid using a negative subject with an affirmative shall, "A person may not . . ." is preferable to "No person shall . . ." The latter means that no one is required to act. So read, it negates the obligation, but not the permission, to act. On the other hand, "A person may not . . ." negates also the permission and is, therefore, the stronger prohibition. To avoid confusion, the drafter should use the affirmative form, "A person may not . . . ," rather than negative forms such as "No person may . . ." or "No person shall . . ." "Shall not" should only be used to mean "has a duty not to."

"May" indicates discretion and is used to confer a right, privilege, or power. Faunce v. Carter, 26 Wn.2d 211, 215 (1946); but cf. Buell v. City of Toppenish, 174 Wash. 79, 81-82 (1933).

Do not confuse "may" and "might." "May" confers authority, as in "A person may file a petition." "Might" describes a possibility, as in "They might want coffee."

Do not confuse "may" and "can." "May" confers authority. "Can" expresses physical or mental ability.

For a discussion of "may," "shall," and "must," see Garner's Dictionary of Legal Usage.

(iii) To determine whether the use of "shall" or "may" is correct, a helpful test is to mentally substitute for the word "may" the words "has the authority to" and substitute for the word "shall" the words "has the duty to." This reading will make it readily apparent whether the usage is correct.

(iv) "Must" creates a condition precedent. Use "must" if the verb it qualifies is an inactive verb or an active verb in the passive voice. Examples: The applicant "must be" (inactive verb) an adult. Prior convictions "must be set forth" (active verb in passive voice) in the application.

Use "must not" if the verb it qualifies is an inactive verb or an active verb in the passive voice. Example: The applicant "must not be" (inactive verb) a convicted felon. The application "must not be filed" before the end of the reporting period.

If the word "must" seems appropriate because of passive voice, the drafter should improve the phrase to avoid ambiguity. See (a) of this subsection.

(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.

(i) Break a sentence into its parts and present them in tabular form only if this makes the meaning substantially clearer.

(ii) Use a single "or" to indicate the disjunctive and a single "and" to indicate the conjunctive at the end of the next to last item in a series. Use a semicolon at the end of each item in the series.

(iii) As an alternative to using "or" or "and" to indicate the disjunctive or conjunctive in a series, use a phrase in the introductory clause of the series that clearly expresses how many of the following items are to be included, such as, "any of the following," "one of the following," "all of the following," or "any one or more of the following."

(iv) Language that qualifies all of the items should not be included in the last item of the tabulation.

(v) Do not place a sentence or paragraph after a tabulation. If the sentence or paragraph is not part of the tabulated series, draft it as a separate subsection or paragraph.

(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).

(l) Fewer, less. "Fewer" refers to number, individual countable items. "Less" refers to degree or quantity, general amounts. Examples: "Nonfat milk has fewer calories than whole milk." "We have less milk than I thought."

(m) "Data" v. "datum." While "datum" is technically a singular form of the plural "data," common usage of the term "data" is evolving to include both singular and plural context. Use "data" in both contexts.

(n) Words and phrases to avoid. Ambiguity, wordiness, and legalese can be eliminated by using the suggested substitutes for the following words or phrases.

Avoid adjectives such as "real," "true," and "actual" and adverbs such as "duly" and "properly." Since these ideas are normally implied, expressing them in some instances creates doubt that they are implied elsewhere.

Avoid the use of "such." Instead, describe what you are referencing or substitute "the," "that," or another pronoun. Ordinarily, "such" requires the addition of "a" before a true singular noun; for example, "such a person."

(o) Italics. Italics are used in these instances:

(i) Case names. The case name is italicized, but the location information is not. For example: Citizens Council v. Bjork, 84 Wn.2d 891 (1975); and

(ii) Scientific names. For example, the state fossil is the Columbian mammoth of North America (Mammuthus columbi). The scientific name is always italicized, with the first word capitalized and the second and subsequent words, no matter what their derivation, not capitalized. If only the genus name is used (in this case, Mammuthus), it is still capitalized and italicized. The scientific name is placed in parentheses after the popular name, if used, but may also be referred to alone. Groups of higher ranks, such as phyla, classes, or orders, such as in "the phylum Brachiopoda," are not italicized.

2. NUMBERS

​(a) Quantities and amounts.

Cardinal and ordinal whole numbers from zero to nine should be written in words, not Arabic numerals. Numbers ten or greater, and any decimals or fractions, should be written in Arabic numerals. Categories of numbers should be written as words.

Examples:

zero, one, two, three

two percent

third Sunday

.0071

Population of 20,000

30 parts per million

When referring to dollar amounts, use Arabic numerals. When referring to "cents" or other categories, use the words for those categories.​

​​$3.02

$10,000.00

5 cent tax

Numbers that appear as the first word in a sentence should be written out as words, except for dates and dollar amounts, which should be written as numerals.

Any omnibus appropriations act, other appropriations, tax rates, and tables are exceptions to this rule​.

Do not repeat numbers in bracketed words or numerals.

(b) Dates.

April 1, year,

April 1st

first day of April

first of April

April 2nd

March 31st

September 30th

the 2023-24 academic year

the 2023-24 school year

the 2023-2025 fiscal biennium

January year (no commas)

January year through June 2023 (no commas)

January 1, year, through June 1, year​,

(commas on each side of year)

2020s

3. CAPITALIZATION

Observe the following capitalization in drafting bills. The list is not exhaustive.

Note that resolutions, memorials, and amendment headings require more liberal capitalization. See examples in Part II (13) of this guide.

If using the scientific name of a plant or animal, capitalize the genus but not the species. See RCW 77.08.030.

Typically, acronyms are not used when drafting unless the acronym is commonly used and universally understood. When used, acronyms are always capitalized.

4. SPELLING

(a) Write:

(b) The following are written as one word:

Note: All "multi" words, except those beginning with an "i," are written as one word.

(c) The following are written as two words (the list is not exhaustive):

Note: Some of these two-word phrases should be hyphenated if used as compound adjectives. For examples, see (e) of this subsection.

(d) The following are written as three words (the list is not exhaustive):

miles per hour (except mph if in a table)

reduction in force

(e) The following are written as hyphenated words (the list is not exhaustive):

Adjectives composed of two or more words are usually hyphenated when they precede a noun, even though the phrase would not be hyphenated if standing alone, such as "low income," "one year," "full time," and "part time." Example:

Low-income persons may serve three-year terms.

This is necessary to avoid ambiguity. Compare the following sentences:

A patron may purchase two dollar tickets.

A patron may purchase two-dollar tickets.

The ill educated man sold a little used car.

The ill-educated man sold a little-used car.

He came across a man eating tiger.

He came across a man-eating tiger.

Do not hyphenate between an adverb ending in "ly" and the adjective it modifies. For example, "substantially new construction" does not need a hyphen.

5. SUBSECTIONS

(a) Subsections and subparagraphs are enumerated as follows:

(1)

(2)

(a)

(b)

(i)

(ii)

(iii)

(A)

(B)

(I)

(II)

(b) Internal references to these subdivisions may be made as follows:

section 29(1)(a)(iii) of this act

subsection (1) of this section

subsection (2)(a)(i) of this section

subsections (1) and (2) of this section

subsection (1) or (2) of this section

subsection (1)(a) and (b) of this section

subsection (1)(a) or (b) of this section

(a) of this subsection

(a)(iii) of this subsection

6. CITATIONS

(a) To the Revised Code of Washington.

(i) RCW sections.

RCW (no periods between letters)

RCW 1.08.010

RCW 1.08.010(3) (not "subsection (3) of RCW 1.08.010")

RCW 1.08.010(3)(a)(ii)

RCW 1.08.010 (3) and (5)

RCW 1.08.010 and 1.08.015

RCW 1.08.010, 1.08.016, and 1.08.037

RCW 1.08.010 through 1.08.140 (for an inclusive string)

(ii) RCW chapters.

chapter 34.05 RCW

chapter 24.03 or 24.06 RCW

chapters 24.03 and 24.06 RCW

chapters 24.03, 24.06, and 34.05 RCW

(iii) RCW titles.

Title 43 RCW

Titles 43 and 44 RCW

Titles 34, 43, and 90 RCW

(iv) Session laws.

section 3, chapter 113, Laws of 1935

section 5, chapter 93, Laws of 1967 ex. sess.

section 9, chapter 176, Laws of 1975 1st ex. sess.

section 2, chapter 5, Laws of 1994 sp. sess.

section 45, chapter 2, Laws of 1995 1st sp. sess.

Sessions that are not regular sessions are referred to as "special" sessions. Before 1991, these sessions were referred to as "extraordinary" sessions.

See discussion in Part II (2)(c)(iv) of this guide as to which years require the special session to be designated 1st or 2nd.

(b) To the state Constitution.

Article VII, section 2 of the state Constitution

Article II, section 1(b) of the state Constitution

section 2 of this article

(c) To the Washington Administrative Code.

WAC 296-34-020

chapter 296-34 WAC

Title 296 WAC

(d) To federal law.

(i) Federal statutes. If possible, cite both the Statutes at Large and the United States Code:

Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue

code of 1986, as amended

the G.I. Bill of Rights (58 Stat. 284; 38 U.S.C. Sec. 693)

the federal comprehensive employment and training act (87

Stat. 839; 29 U.S.C. Sec. 801 et seq.)

Do not cite the unofficial U.S.C.A.

(ii) Public laws.

P.L. 94-115

(iii) The Code of Federal Regulations.

47 C.F.R. Sec.    (year)

(iv) Federal Register.

60 Fed. Reg. 50,379, 50,381 (Sept. 29, 1995)

(e) Other citations should conform to The Bluebook: A Uniform System of Citation (The Columbia Law Review Association, The Harvard Law Review Association, The University of Pennsylvania Law Review, The Yale Law Journal Company, Inc., 21st ed. 2020).

In case of doubt as to word or punctuation styles other than those listed in this guide, the U.S. Government Printing Office Style Manual (United States Government Printing Office, 31st ed. 2016) may be consulted.