Bills Affected by Pending Code Revision Article
A bill the subject area of which is encompassed in a pending revised article is usually drafted to the revised article text and not the current statutory text. Since revised articles generally take effect October 1, this requires an October 1 effective date for the substantive bill being drafted. However, if a sponsor requests that the bill take effect earlier than October 1, it is necessary to “double draft,” with multiple enacting clauses and multiple effective date clauses. This means that the changes made by the bill to the current law are set out in “SECTION 1.,” while the changes to the law as it will be revised in the proposed revised article are set out in
“SECTION 2.” The effective dates for “SECTION 1.” and “SECTION 2.” also are set out separately as shown below. Note that “SECTION 1.” remains in effect only until the revised article becomes effective.
Example
...; providing for the effective date of certain provisions of this Act; providing for the termination of certain provisions of this Act; ...
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article 73B – Pensions 4–101.
[Show changes to current (unrevised) law.]
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows:
Article – State Personnel and Pensions 23–201.
[Show changes to revised § 23–201 of the State Personnel and Pensions Article (former § 4–101 of Art. 73B).]
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take effect on the taking effect of Chapter ___ (S.B. 1) of the Acts of the General Assembly of 1994. If Section 2 of this Act takes effect, Section 1 of this Act shall be abrogated and of no further force and effect.
SECTION 4. AND BE IT FURTHER ENACTED, That, subject to the provisions of Section 3 of this Act, this Act shall take effect July 1, 1994.
For an example of a bill with an emergency effective date that is drafted to a pending Code revision article, see Chapter 218 of the Acts of 2002 (H.B. 340).
Drafting to Code Section Subject to Termination
The following example is meant to address problems related to drafting a bill that amends a statute that is subject to termination. Typically, the problems arise when the Annotated Code section to which the bill is being drafted was amended at a previous session and that amendment was to terminate, for example, in three years. The changes made by the bill currently being drafted are intended to remain in effect regardless of whether the termination occurs, and are not intended to affect the termination one way or the other. (Note that LexisNexis, publisher of Michie’s Annotated Code, “flags” these situations and sets out the reversionary text in italics to show how the law will read after the termination proviso takes effect.)
When drafting in these circumstances, it may be necessary to double draft the text, with “SECTION 1.” being the law now in effect and “SECTION 2.” being the posttermination reversion. In addition, uncodified sections substantially similar to the following should be included:
Example
...; providing for the effective date of certain provisions of this Act; providing for the termination of certain provisions of this Act; ...
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take effect on the taking effect of the termination provision specified in Section _____ of Chapter _____ of the Acts of the General Assembly of (year). If that termination provision takes effect, Section 1 of this Act shall be abrogated and of no further force and effect. This Act may not be interpreted to have any effect on that termination provision.
SECTION 4. AND BE IT FURTHER ENACTED, That, subject to the provisions of Section 3 of this Act, this Act shall take effect ____, (year).
Note that separate function paragraphs are required for the Code section shown in “SECTION 1.” and in “SECTION 2.” of the bill, and the function paragraph for the Code section shown in “SECTION 2.” of the bill will need an additional fifth line that refers to the Chapter law that enacted the Code section.
See discussion at p. 65, “Amending Code Section with a Delayed Effective Date.”
Drafting to Provision with a Delayed Effective Date
Occasionally, a bill must be drafted to a law that, on a particular date in the future, will be repealed and replaced by another law. If the change being made in the bill is intended to both affect current law and be carried over into the new law when it becomes effective, it is necessary to double draft the text, with “SECTION 1.” being the law now in effect and “SECTION 2.” being the law as it will appear in the future. Since it is possible that the effective date of the provision with a delayed effective date might be amended before the provision takes effect, the following uncodified “SECTION 3.,” “SECTION 4.,” and “SECTION 5.” should be included to address potential problems that would arise in that event:
Example
...; providing for the effective date of certain provisions of this Act; providing for the termination of certain provisions of this Act; ...
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take effect _______, (year). It shall remain effective until the taking effect of Section 2 of this Act. If Section 2 of this Act takes effect, Section 1 of this Act shall be abrogated and of no further force and effect.
SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take effect _______, (year), the effective date of Chapter ____ of the Acts of the General Assembly of (year). If the effective date of Chapter ____ is amended, Section 2 of this Act shall take effect on the taking effect of Chapter ____.
SECTION 5. AND BE IT FURTHER ENACTED, That, subject to the provisions of Sections 3 and 4 of this Act, this Act shall take effect _______, (year).
Note that separate function paragraphs are required for the Code section shown in “SECTION 1.” and in “SECTION 2.” of the bill, and the function paragraph for the Code section shown in “SECTION 2.” of the bill will need an additional fifth line that refers to the Chapter law that enacted the Code section.
See discussion at p. 65, “Amending Code Section with a Delayed Effective Date.”
See also p. 147, “Delayed Effective Date.”
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