If changes are made in a particular section that substantially alter the former wording, it is often desirable to repeal the old section in its entirety and to set out the new wording as an unbroken whole. This requires the use of two function paragraphs. The first function paragraph is a “BY repealing” paragraph, and the second function paragraph is a “BY adding to” paragraph.
Example
BY repealing
Article − Tax – Property Section 14–513
Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement) BY adding to
Article – Tax – Property Section 14–513
Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement)
Note that a change made to a subdivision of a section also may require the use of both a “BY repealing” and a “BY adding to” function paragraph. For example, if an item in a subsection is being replaced in its entirety by new
language, and the entire subsection is not being shown in the bill, this change should be accomplished as follows:
Example
Article – Criminal Law 3–101.
(b) “Licensed health care professional” means a duly licensed or certified:
[(12) pharmacist; or]
(12) PHARMACY ASSISTANT OR ANY OTHER DESIGNATED PERSON LISTED IN ITEMS (1) THROUGH (11) OF THIS SUBSECTION; OR
In this situation, both a “repealing” and an “adding to” function paragraph are necessary, as shown below:
Example
BY repealing
Article – Criminal Law Section 3–101(b)(12)
Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement) BY adding to
Article – Criminal Law Section 3–101(b)(12)
Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement)
Alternatively, the drafter could show all of subsection (b) and use a “BY repealing and reenacting, with amendments,” function paragraph.
Renumbering
This is a technical form of function paragraph used for the purpose of renumbering sections (or subsections, paragraphs, etc., within a section) of an article of the Annotated Code, a proposed revised article, or a public local law without making any change in the text of the sections. Note that the text of the material being renumbered is not shown in the body of the bill; the renumbering is accomplished simply by the use of the renumbering function paragraph in conjunction with the proper enacting clause. (See p. 91, “Renumbering.”) If the text of the material being renumbered is shown in the body of the bill, the “BY repealing and reenacting, with amendments,” function paragraph should be used.
Example
BY renumbering
Article – Tax – Property Section 13–305
to be Section 13–306
Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement)
This function paragraph may be used to renumber several sections or subdivisions of a section sequentially by using the word “respectively.”
Example
BY renumbering
Article – Tax – Property
Section 13–305(d), (e), and (f), respectively to be Section 13–305(f), (g), and (h), respectively Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement)
If a section or a subdivision of a section is being renumbered to “make a space” for new material being added, the “renumbering” function paragraph should be placed before the “adding to” function paragraph.
For a discussion of an alternative to renumbering the subsections of a section when adding a new subsection, see p. 100, “Subdivision of Sections.”
If a title, subtitle, subheading, or part designation also needs to be renumbered, the following form, modified as necessary, may be used:
Example
BY renumbering
Article – Insurance
Section 15–1301 through 15–1307, respectively, and the subtitle “Subtitle 13.
Interdepartmental Committee on Mandated Health Insurance Benefits”
to be Section 15–1501 through 15–1507, respectively, and the subtitle
“Subtitle 15. Interdepartmental Committee on Mandated Health Insurance Benefits”
Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement)
Note that whenever renumbering occurs, the drafter must ensure that no internal cross-references are rendered incorrect by the renumbering.
If the material being renumbered through the use of a nonstandard renumbering enacting clause also is being amended, it is necessary to use a fifth line in the “repealing and reenacting, with amendments,” function paragraph to indicate that the section being amended is the section that was renumbered in Section 1 of the bill. The following example is from H.B. 1093 of 2015:
Example
BY renumbering
Article – Insurance Section 19–509.1 to be Section 19–509.2
Annotated Code of Maryland
(2011 Replacement Volume and 2014 Supplement)
BY repealing and reenacting, with amendments, Article – Insurance
Section 19-509.2
Annotated Code of Maryland
(2011 Replacement Volume and 2014 Supplement) (As enacted by Section 1 of this Act)
Transferring
The “transferring” function is used to move sections of one article to another article. It is not necessary to show the sections being transferred in the body of the bill; however, a “transferring” enacting clause must be used. (See p. 92,
“Transferring.”)
Example
BY transferring
Article – Tax – General
Section 7–228 and 7–231(e), respectively Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement) to be
Article – Estates and Trusts
Section 2–213 and 2–214, respectively Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement)
If a title, subtitle, subheading, or part designation also is being transferred, the following form, modified as necessary, may be used:
Example BY transferring
Article – Environment
Section 6–301 through 6–304, respectively, and the subtitle “Subtitle 3.
Lead–Based Paint”
Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement) to be
Article – Health − General
Section 17–601 through 17–604, respectively, and the subtitle “Subtitle 6.
Lead–Based Paint”
Annotated Code of Maryland
((year) Replacement Volume and (year) Supplement)
If the material being transferred also is being amended, it generally is appropriate to first transfer the material and then make any necessary changes.
This will necessitate the use of two function paragraphs, as shown in the following example from H.B. 419 of 2003:
Example
BY transferring
Article – Business Occupations and Professions
Section 5.5–101 through 5.5–702, respectively, and the title “Title 5.5.
Docking Masters”; and 11–101 through 11–802, respectively, and the title “Title 11. Pilots”
Annotated Code of Maryland
(2000 Replacement Volume and 2002 Supplement) to be
Article – Transportation
Section 5.5–101 through 5.5–702, respectively, and the title “Title 5.5.
Docking Masters”; and 5.7–101 through 5.7–802, respectively, and the title “Title 5.7. Pilots”
Annotated Code of Maryland
(2001 Replacement Volume and 2002 Supplement) BY repealing and reenacting, with amendments,
Article – Transportation Section 5.5–201 and 5.7–201 Annotated Code of Maryland
(2001 Replacement Volume and 2002 Supplement) (As enacted by Section 1 of this Act)
Use of the form shown above allows the drafter to use a nonstandard transferring enacting clause (see p. 92, “Transferring”) instead of showing all the transferred sections in the bill, and to show only the transferred sections that are being revised. Note that a fifth line is necessary in the “repealing and reenacting, with amendments,” function paragraph to indicate that the sections being amended are those that were transferred in Section 1 of the bill.
While the form shown in the example above is preferred, the following function paragraph form, from H.B. 90 of 2001, may be appropriate when most or all of the transferred sections also are being substantively amended:
Example
BY repealing and reenacting, with amendments, and transferring Article – Tax – General
Section 7–228 and 7–231(e) Annotated Code of Maryland
(1997 Replacement Volume and 2000 Supplement) to be
Article – Estates and Trusts Section 2–213
Annotated Code of Maryland
(1991 Replacement Volume and 2000 Supplement)
Note that the function paragraph form shown above is most commonly used in Code revision bills.
For an example of an enacting clause to use with the function paragraph shown above, see H.B. 90 of 2001, Section 4 (p. 17).