3.
NUMBERING OF SECTIONS
3.01 SYSTEM OF NUMBERING. Statutory
chapters are divided into subchapters, sections, subsections, paragraphs, and subdivisions.
(1) Sections. The decimal system is used to number sections of the statutes: 6.015 means “ch. 6, s. 015.” Note that the decimal 0.015 is greater than 0.01 and less than 0.02, so 0.015 is inserted be-tween 0.01 and 0.02. See s. 35.18 (3), stats.
(2) Subsections. Designate subsections by
numerals enclosed in parentheses: (1), (2). If you insert a new subsection between two subsections of the statutes, add a letter of the alphabet within the parentheses to the right of the numeral: (2m), to be inserted between subs. (2) and (3).
(3) Paragraphs. Designate paragraphs by let-ters of the alphabet enclosed in parentheses: (a), (b). If you insert a new paragraph between existing paragraphs, add another letter of the alphabet with-in the parentheses to the right of the first letter: (am), to be inserted between pars. (a) and (b).
(4) Subdivisions. Designate subdivisions of paragraphs by plain numbers: 1., 2. To insert a new subdivision between existing subdivisions, add a letter of the alphabet to the right of the numeral: 1m., to be inserted between subds. 1. and 2.
(5) Further Division. Unless absolutely nec-essary, do not create units that are smaller than sub-divisions. However, if it is necessary, do it with small letters: a., b. These units are always untitled and may not be further divided. Although the term
has been deleted from the statutes, the units are in-formally called subdivision paragraphs.
(6) Number or Letter Subunits. Number or
letter each statutory subunit and indent the begin-ning of the subunit.
(7) Allowance for Future Insertions. Always try to select numbering with a view to future addi-tions. Much renumbering is caused by a lack of foresight in assigning original numbers to provi-sions. When numbering newly inserted sections, subsections, or paragraphs, allow for future inser-tions by, for example, using 33.015 rather than 33.011; (2m) rather than (2a); and (am) rather than (aa).
NOTE: To leave the most space for fu-ture insertions under alphabetic number-ing use the follownumber-ing letters:
One insertion : M Two insertions: G R Three insertions: E M S Four insertions: D H P T Five insertions: C G N R W Six insertions: C G L P T X Seven insertions: B F K P S W Y Eight insertions: B E H L P R U Y For example, if you insert two new sub-sections between subs. (3) and (4), num-ber them subs. (3g) and (3r), except that, if the two new subsections are related and the future insertion of an unrelated
3.01 (7) Wisconsin Bill Drafting Manual 2011−2012 − 66 −
section between them would cause con-fusion, number them closer together, for example, subs. (3m) and (3p).
(8) The LRB’s Authority to Renumber
Sec-tions. Section 13.92 (1) (bm) 2., stats., authorizes the LRB to renumber any chapter or section of the statutes for revision. That provision also authorizes the LRB to correct a statutory reference to a renum-bered chapter or section and to substitute the cor-rect reference for a term such as “the preceding sec-tion.”
3.02 RENUMBERING SECTIONS.
(1) Check Cross−References. Before deciding
to renumber sections of the statutes, check for cross−references because there may be sections af-fected by the renumbering. See sec. 9.02 (1m), Drafting Manual.
(2) Limit Renumbering. Renumbering may
obscure a measure, make amending more difficult, or impair the tracing of legislative history. Renum-bering may result in ambiguity or error. It is also expensive because cross−references, index entries, annotations, administrative rules, and such explan-atory material as bulletins published by state agen-cies all must be changed. However, renumbering is useful: a) to provide space for a large quantity of new material; b) to locate old material near new material on the same subject; c) to relocate poorly located material that may be easily overlooked or the application of which may be questioned; d) to insert an initial item in a series to maintain a time sequence or alphabetical order; or e) to maintain outline format when you repeal or renumber all but one subunit of a statutory unit. Limit your re-numbering. For example, if a section contains sub-sections (1) to (5) and you wish to repeal subsection (1) and create a subsection between subsections (4) and (5), do not renumber the subsections. The al-phanumeric subsection (4m) and the missing sub-section (1) alert readers that the sub-section has been af-fected since its creation.
(3) Renumbering Renumbers Lower
Statu-tory Units. Renumbering a statutory unit to a lower order (for example, from section to tion) or to a higher order (for example, from subsec-tion to secsubsec-tion) automatically renumbers any
sub-units contained within the renumbered unit. For example, if a section containing subsections (1) to (5) becomes a subsection, subsections (1) to (5) au-tomatically become paragraphs (a) to (e) of the sub-section. Do not draft a provision to reflect this re-numbering. Do, however, change cross−references to the renumbered provisions. Also, change any in-ternal references to the units being renumbered. For example, if subsection (1) becomes paragraph (a), change any reference to “this subsection” to “this paragraph.” Renumbering an introduction [(intro.)] alone does not renumber the following subunits because the introduction does not contain the subunits. If you want, for example, to renumber an entire subsection that consists of paragraphs fol-lowing an introduction, use an action phrase that renumbers the subsection, without mentioning the introduction. See sec. 3.03 (4), Drafting Manual, on renumbering a statutory unit while amending only parts of the unit.
(4) Avoid Renumbering Certain
Provi-sions. If possible, avoid renumbering a provision that has been widely cited in administrative or court cases or in legal periodicals.
(5) Reusing Numbers. Do not reuse a
statu-tory number that was assigned to a repealed or re-numbered statute in the current edition of the stat-utes unless you recreate a repealed statute in substantially the same form that it takes in the cur-rent edition of the statutes; unless by repealing or renumbering you would leave only one subunit of a statutory unit; unless you renumber the first in a series of definitions to maintain alphabetical order; or unless you are consolidating, renumbering, and amending the provision.
3.03 RENUMBERING AND AMENDING
SECTIONS. (1) General Rules. (a) It is
usually better to renumber and amend a statute than to repeal it and create another similar statute in a different location. Renumbering and amending makes the extent of the change clearer to readers and causes less difficulty in tracing the provision’s history after enactment. When you renumber and amend a statute, you must check cross−references, as provided in sec. 3.02 (1), Drafting Manual.
(b) Sometimes you will need to renumber a se-quence of statutory units that are part of the same section but amend only some of those units. For the budget bill, do this in separate bill sections instead of one bill section that renumbers the entire sequence but amends only part of the sequence. In other bills, you have the option of doing this in one or several bill sections.
(c) Do not amend a statutory unit by dividing it to insert an entire new subsection, paragraph, or sub-division as underscored material in the amended unit. Amend the current unit by adding statutory numbers to make room for the new material, and then create the new material in a separate bill sec-tion.
INCORRECT:
SECTION 1. 115.76 (12) of the statutes is
renumbered 115.76 (12) (a) (intro.) and amended to read:
115.76 (12) (a) (intro.) “Parent” means a any of the following:
1. A biological parent; a . 2. A foster parent.
CORRECT:
SECTION 1. 115.76 (12) of the statutes is
renumbered 115.76 (12) (a) (intro.) and amended to read:
115.76 (12) (a) (intro.) “Parent” means a any of the following:
1. A biological parent; a .
SECTION 2. 115.76 (12) (a) 2. of the statutes
is created to read:
115.76 (12) (a) 2. A foster parent.
(1m) Renumber and Amend. Here is an
example of part of a bill to renumber and amend four subsections and in the process divide them into five paragraphs:
SECTION 1. 27.14 (1) to (4) of the statutes
are renumbered 27.14 (1) (a), (b), (d), and (e) and amended to read:
27.14 (1) (a) Every city may shall ....
(b) The board of park ... by the public; and the.
(c) The common council ....
(d) The city attorney, upon petition, .... (e) Each member, other than a city employee serving in his or her official capacity, ....
(3) Renumber by Amending. Here is an
example of part of a bill to amend a subdivision by dividing it into several subdivisions (note under-scoring of new subdivision numbers):
SECTION 1. 71.02 (3) (c) 1. of the statutes is
amended to read:
71.02 (3) (c) 1. For the purposes of taxa-tion ....
2. Income derived from rentals ....
3. Income derived from personal services, professions ....
4. All other income, including royalties ....
(4) Renumber but Amend Only Parts. Here
is an example of part of a bill to renumber several sections of the statutes but to amend only parts of some of the sections:
SECTION 1. 71.15 of the statutes is
bered 71.40, and 71.40 (1) (c) and (d), as renum-bered, are amended to read:
71.40 (1) (c) .... (d) ....
SECTION 2. 71.16 of the statutes is
renum-bered 71.41.
SECTION 3. 71.20 of the statutes is
renum-bered 71.42, and 71.42 (2), as renumrenum-bered, is amended to read:
71.42 (2) ....
NOTE: Also see example 3.03 (3), SECTIONS 9, 14, and 17.
(5) Consolidate, Renumber, and Amend.
Here is an example of part of a bill to consolidate two subsections of a statute and renumber and amend the consolidated subsections:
SECTION 1. 270.21 (1) and (2) of the statutes
are consolidated, renumbered 270.22 (3) and amended to read:
270.22 (3) If a jury shall return returns to court and has reached a verdict, it shall announce its verdict. (2) If the jury returns to court and has not reached a verdict ....
NOTE: Also see example 3.03 (3), SEC -TION 21.
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E X A M P L E 3.03 (3)
2011−2012 LEGISLATURE
AN ACT to repeal 15.283 (2), 20.370 (4) (a), 20.923 (3) (x), 22.30 and 22.32 (2); to renumber 20.545 (1) (h) and (x), 22.32 (1), 22.76 and 23.092 (title); to renumber and amend 15.287 (1) and (5), 20.370 (4) (c), (d) and (z), 22.31, 22.33, 23.09 (2) (L) and 93.07 (3); to
consoli-date, renumber and amend 23.092 (1) and (2); to amend 20.370
(4) (title) and (u) and 93.07 (17) (b); and to create 15.15, 15.157 (title), 20.135, 20.923 (2) (b) 1m. and chapter 560 [precedes 560.001] of the statutes; relating to: the creation of a Department of Business Development through the transfer of business−related activities from the Departments of Agriculture, Trade and Consumer Protec-tion; of Local Affairs and Development; and of Natural Resources, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates a Department of Business Development headed by a secretary who is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The bill transfers various economic development, tourism, advertis-ing, and promotional functions to the new department from the Depart-ments of Agriculture, Trade and Consumer Protection; Local Affairs and Development; and Natural Resources. The bill also transfers personnel and appropriations allocated to these functions to the new department. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
LRB−9999/1 BF:skg:aj 1 2 3 4 5 6 7 8 9 10 11 12 B BILL TITLE [SEESEC.4.02] ANALYSIS [SEESEC.4.03] RELATING CLAUSE [SEESEC.4.02(2)]
A bill creating the orga-nization and appropri-ation structure of a new department and estab-lishing the salary range of the secretary.
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The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.15 of the statutes is created to read:
15.15 Department of business development; creation. There is created a department of business development under the direction and su-pervision of the secretary of business development.
SECTION 2. 15.157 (title) of the statutes is created to read: 15.157 (title) Same; councils.
SECTION 3. 15.283 (2) of the statutes is repealed.
SECTION 4. 15.287 (1) of the statutes is renumbered 15.157 (1) and amended to read:
15.157 (1) COUNCILFORECONOMICDEVELOPMENT. There is created in the department of local affairs and business development a council for eco-nomic development consisting of such number of members as the governor determines, appointed for 3−year terms.
SECTION 5.(0)20.005 (3) (schedule) of the statutes: at the appropri-ate place, insert the following amounts for the purposes indicappropri-ated:
BF:skg:aj 2011−2012 Legislature − 2 − LRB−9999/1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ENACTING CLAUSE
[SEESEC.4.04(4)] B[SEEODYSEC.OF B4.05]ILL
E X A M P L E 3.03 (3)
2011−12 2012−13 20.135 Business development, department
of
(1) PROMOTIONOFECONOMICDEVELOPMENTAND TOURISM
(a) General program operations GPR A 4,500,000 4,500,000 SECTION 6. 20.135 of the statutes is created to read:
20.135 Business development, department of. There is appriated to the department of business development for the following pro-gram:
(1) PROMOTIONOFECONOMICDEVELOPMENTANDTOURISM. (a) General
program operations. The amounts in the schedule for the promotion of
economic development and tourism under ch. 560.
(m) Federal aid. All moneys received from the federal government for business development as authorized by the governor under s. 16.54, to be expended for the purposes for which received.
SECTION 7. 20.370 (4) (title) and (u) of the statutes, as affected by 2011 Wisconsin Act .... (Assembly Bill 414), are amended to read:
20.370 (4) (title) LOCALSUPPORT EDUCATION.
(u) General program operations; education and information. The amounts in the schedule for general program operations under s. 23.09 (2) (L), relating to education and information.
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SECTION 8. 20.370 (4) (a) of the statutes, as affected by 2011
Wiscon-sin Act .... (Assembly Bill 414), is repealed.
SECTION 9. 20.370 (4) (c), (d) and (z) of the statutes, as affected by 2011 Wisconsin Act .... (Assembly Bill 414), are renumbered 20.135 (1) (c), (d) and (z), and 20.135 (1) (d), as renumbered, is amended to read:
20.135 (1) (d) Tourist information centers. Biennially from moneys al-located under sub. s. 20.370 (7) (a), the amounts in the schedule for the op-eration of tourist information centers.
SECTION 10. 20.545 (1) (h) and (x) of the statutes, as affected by 2011 Wisconsin Act .... (Assembly Bill 414), are renumbered 20.135 (1) (g) and (x).
SECTION 11. 20.923 (2) (b) 1m. of the statutes is created to read: 20.923 (2) (b) 1m. Business development, department of: secretary. SECTION 12. 20.923 (3) (x) of the statutes is repealed.
SECTION 13. 22.30 of the statutes is repealed.
SECTION 14. 22.31 of the statutes is renumbered 560.03, and 560.03 (intro.) and (3), as renumbered, are amended to read
560.03 Business and industrial development. (intro.) The divi-sion of economic development will be responsible for carrying out the func-tions of this subchapter and the secretary shall act basically to coordinate these activities with the other functions of the department. The division BF:skg:aj 2011−2012 Legislature − 4 − LRB−9999/1 SECTION 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 E X A M P L E 3.03 (3)
department shall foster and encourage economic development programs designed to broaden and strengthen the economy of the state, and it shall provide specific leadership in the following instances, among others, and shall:
(3) The administrator of the division of economic development shall identify Identify for the governor’s attention those significant business and industrial problems which may be relieved by state action.
SECTION 15. 22.32 (1) of the statutes is renumbered 560.04. SECTION 16. 22.32 (2) of the statutes is repealed.
SECTION 17. 22.33 of the statutes is renumbered 560.05, and 560.05
(2), as renumbered, is amended to read:
560.05 (2) The division department shall use and coordinate with re-search programs of other state agencies and shall make such agreements as may be necessary to effectuate its own research program. It may shall initiate research and economic planning but where possible it and shall seek to make full use of and strengthen the research resources of state agencies, including the university or such other institutions of higher education as will enhance the work of the division department.
SECTION 18. 22.76 of the statutes is renumbered 560.06.
SECTION 19. 23.09 (2) (L) of the statutes is renumbered 560.07 and amended to read: BF:skg:aj 2011−2012 Legislature − 5 − LRB−9999/1 SECTION 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
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560.07 Promotions Promotion. Collect The department shall col-lect, compile and distribute information and literature as to the facilities, advantages and attractions of the state, the historic and scenic points and places of interest within the state and the transportation and highway fa-cilities of the state; and plan and conduct a program of information and publicity designed to attract tourists, visitors and other interested per-sons to this state; also encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the state for the same purposes. The department may maintain an office in the city of Chicago, Illinois, and a staff of employes within the classified service, except that residence in Wisconsin shall not be required. Any contracts engaging a private agency or agencies to con-duct any publicity program under this chapter shall reserve to the ment the right to terminate the contract if in the discretion of the depart-ment the service is unsatisfactory. The departdepart-ment shall provide advice and assistance to persons or groups engaged in the recreation industry, conduct surveys of the facilities and needs of the recreation industry and work closely with other state agencies providing services to the recre-ational industry.
SECTION 20. 23.092 (title) of the statutes is renumbered 560.08 (title). BF:skg:aj 2011−2012 Legislature − 6 − LRB−9999/1 SECTION 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 E X A M P L E 3.03 (3)
SECTION 21. 23.092 (1) and (2) of the statutes are consolidated, re-numbered 560.08 and amended to read:
560.08 The department of natural resources may establish informa-tion centers, permanent or mobile, in such manner as it directs. (2) The department of natural resources shall, and may acquire and operate a tourist information center in the downtown area of the city of Milwaukee. For this purpose, the commission department may accept gifts from mu-nicipal or private sources.
SECTION 22. 93.07 (3) of the statutes is renumbered 560.09 and amended to read:
560.09 Promotion of Wisconsin products. To The department shall promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food and, agricultural, mining, manufactured and processed products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall may include the distribution of educational and advertising material concerning Wis-consin and its plant, animal, food and, dairy, mining, manufactured and processed products. The promotion shall be undertaken with the coopera-tion of the department of agriculture.
SECTION 23. 93.07 (17) (b) of the statutes is amended to read: BF:skg:aj 2011−2012 Legislature − 7 − LRB−9999/1 SECTION 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
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93.07 (17) (b) To study the possibilities for increasing the markets for Wisconsin dairy and farm products, and through publications, adver-tising the department shall cooperate with the department of business development in the use of advertising and other appropriate methods to endeavor to extend and improve these markets.
SECTION 24. Chapter 560 of the statutes is created to read: CHAPTER 560
DEPARTMENT OF BUSINESS DEVELOPMENT
560.001 Definition. In this chapter, “department” means the de-partment of business development.
560.01 Duties of department. The department shall promote and provide assistance to commercial, industrial, and recreational develop-ment and expansion; facilitate the establishdevelop-ment of small and minority business enterprises; encourage creation of jobs in urban and rural de-pressed areas in the state; coordinate state public and private economic development plans; coordinate public and private advertising expendi-tures to maximize the effectiveness of promotion and marketing efforts of the state; encourage cooperation between financial institutions and busi-nesses to encourage commercial, industrial, and recreational business ex-pansion in the state; and develop a state economic development policy.
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560.02 Secretary. The secretary of business development shall ad-vise the governor and legislature on matters regarding economic growth and development in the state.
SECTION 25.(0)Fiscal changes.
(1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of agriculture, trade and consumer protection under section 20.115 (3) (a) of the statutes, as affected by the acts of 2011, the dollar amount is decreased by $190,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to decrease funding for the purpose for which the appropriation is made. In the schedule under section 20.005 (3) of the statutes for the appropri-ation to the department of agriculture, trade and consumer protection under section 20.115 (3) (a) of the statutes, as affected by the acts of 2009, the dollar amount is decreased by $302,200 for the second fiscal year of the fiscal biennium in which this subsection takes effect to decrease fund-ing for the purpose for which the appropriation is made.
SECTION 26.(0)Effective date.
(1) This act takes effect on the first day of the first month beginning after publication. (END) BF:skg:aj 2011−2012 Legislature − 9 − LRB−9999/1 SECTION 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
3.04 NUMBERING PROCEDURE. (1) Introductions. (a) An introduction, (intro.), must end with a colon and be followed by a list. Try to phrase the introduction so that each item in the list that follows can end with a period. Try to use “all of the following,” “any of the following,” or similar language that does not require amending the introduction each time a new item is added to the list. (For example, “either of the following” and “both of the following” require amendment of the introduction if another item is added.)
(b) Each statutory unit that follows an introduc-tion should form a complete sentence when read with the introduction. Section 46.03 (29), 2005 stats., shows an improper use of a subsection fol-lowing an introduction:
46.03 Department, powers and duties.
(intro.) The department shall:
(29) MEDIA PHOTO. The department may
use in the media ....
(c) In the preceding example, the language grant-ing permission should have been inserted as a new section, such as s. 46.019, stats. Insertions into s. 46.03, stats., must be limited to additional duties because of “shall” in the introduction.
(d) If it makes the meaning of a provision clearer, you may break the provision into tabular form by using an introduction followed by a list composed of statutory subunits. You are not required to place
statutory lists in tabular form. In particular, it may be inappropriate if the provision you are treating parallels an existing provision that is not in tabular form.
NOTE: See secs. 4.05 (2) (am) and 4.06 (4), Drafting Manual, for guidance on when “(intro.)” appears in the section heading and statutory text.
(2) Titles. When renumbering material into or out of a section, remember to amend the title, if nec-essary, to reflect the changed content.
(3) Number in Standard Outline
For-mat. Numbering follows standard outline for-mat. Except when creating a state governmental unit in ch. 14 or 15, stats., or when creating an appropriation in ch. 20, stats., do not create a sub-section in the statutes unless there is at least one other subsection. This same rule applies when creating a paragraph, subdivision, or subdivision paragraph. Except in ch. 14, 15, or 20, stats., as mentioned, if you repeal or renumber a statutory unit, leaving only one similar statutory unit, renum-ber the remaining statutory unit to the next highest statutory unit. For example:
SECTION 1. 13.67 (1) (a) of the statutes is
repealed.
SECTION 2. 13.67 (1) (b) of the statutes is
