WASHINGTON STATE LEGISLATURE BILL DRAFTING AND BILL REPORT

WASHINGTON STATE LEGISLATURE BILL DRAFTING AND BILL REPORT WRITING October 29, 2004

I. DRAFTING BILLS GETTING STARTED: the problem § What is the problem to be addressed? § What are the specific goals to be achieved?

I. DRAFTING BILLS GETTING STARTED: Research § § What is current law in this policy area? What sections of law might be affected by the proposal? Does the proposal raise constitutional issues? Have there been legal challenges on similar proposals? Have other bills been introduced on this topic in the past? What has happened to them? What agency is affected? Are there administrative rules that address the proposal? What interest groups are affected? Are some language choices more contentious than other choices? What provisions will attract supporters or generate opposition?

I. DRAFTING BILLS GETTING STARTED: Solutions § How should the goals be accomplished? < < How will you know if the goals are accomplished? § < < § Change the direction of an existing statute/program Add to an existing program Establish a new statute/agency/program Create incentives or penalties to change behavior Establish performance measures Require an evaluation Who should be responsible for results?

I. DRAFTING BILLS WRITING THE DRAFT: Constitutional Requirements (also see Code Reviser’s bill drafting guide at http: //slc. leg. wa. gov/Bill. Drafting. Guide/RCWBDG. htm) § § § One subject Express the subject in the title No amendments of law by reference

I. DRAFTING BILLS WRITING THE DRAFT: Clear and concise § Who is required to act? § What action is required? § Use “shall” to create a duty to act (a person or agency is identified as the actor). § § Use “may” to grant authority or discretion (when action is not required). When is the action to occur? § Use present tense unless a future occurrence is desired. § Refer to specific dates or date references such as "after July 1, 2005" or “beginning on the effective date of this act. “

I. DRAFTING BILLS WRITING THE DRAFT: Conventions § Types of bill sections < New sections (permanent or temporary) < Amendatory (changes language already in current law < Repealers (permanently removes entire sections of current law) § Section numbering conventions Sec. 3 (1) (a) (b) (2)

I. DRAFTING BILLS WRITING THE DRAFT: Organization § § List the bill's main elements Organize the bill’s sections: < Bill title (narrow or broad? ) SENATE BILL 5533 - Title AN ACT Relating to the hiring of school district employees; …

I. DRAFTING BILLS WRITING THE DRAFT: Organization § Intent section? SENATE BILL 5533 - Section 1. The legislature recognizes that state law requires criminal background checks of applicants for school district employment. However, the legislature finds that, because they generally are limited to criminal conviction histories, results of background checks are more complete when supplemented by an applicant's history of past misconduct. Therefore, the legislature finds that additional safeguards are necessary in the hiring of school district employees to ensure the safety of Washington's school children. In order to provide the safest educational environment for children, school districts must provide known information regarding employees' misconduct when those employees attempt to transfer to different school districts.

I. DRAFTING BILLS WRITING THE DRAFT: organization § Definitions (if needed) SENATE BILL 5533 - Section 2(1) & (11) (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Applicant" means an applicant for employment in a certificated or classified position who is currently or was previously employed by a school district. (b) "Employer" means a school district employer. . . (11) By September 1, 2003, the state board of education shall adopt rules defining "misconduct" as used in this section.

I. DRAFTING BILLS WRITING THE DRAFT: Organization § Provisions making substantive changes to the law – who must do what when (amending current sections and/or adding new sections) SENATE BILL 5533 - Section 2(2)-(5)] (2) Before hiring an applicant, a school district shall request the applicant to sign a statement: (a) Authorizing the applicant's current employer… to disclose to the hiring school district misconduct, if any, by the applicant and making available to the hiring school district copies of all documents in the applicant's personnel record maintained by that employer relating to that misconduct; and

I. DRAFTING BILLS WRITING THE DRAFT: Organization (b) Releasing the applicant's current employer …from any liability for providing information described in (a) of this subsection, as provided in subsection (4) of this section. (3) Before hiring an applicant, a school district shall request in writing, electronic or otherwise, at least the applicant's current employer…to provide the information described in subsection (2)(a) of this section, if any. The request shall include a copy of the statement signed by the applicant under subsection (2) of this section. (6) A school district shall not hire an applicant who does not sign the statement described in subsection (2) of this section.

I. DRAFTING BILLS WRITING THE DRAFT: Organization § Exceptions, exemptions, and limitations SENATE BILL 5533 - Section 2(6)-(9) (7) School districts may employ applicants on a conditional basis pending the district's review of information obtained under this section. (8) Information received under this section shall be used by a school district only for the purpose of evaluating an applicant's qualifications for employment. . . Except as otherwise provided by law, a board member or employee of a school district shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant's qualifications for employment. A person who violates this subsection is guilty of a misdemeanor. (9) Beginning September 1, 2003, the board or an official of a school district shall not enter into a collective bargaining agreement, individual employment contract… or any other contract or agreement that has the effect of suppressing information about misconduct of a present or former employee or of expunging information about that misconduct from personnel records. Any provision of a contract or agreement that is contrary to this subsection is void and unenforceable…

I. DRAFTING BILLS WRITING THE DRAFT: Organization § Performance measures (to determine whether the goals)? § Expiration or review and report? § Funding issues? (Appropriations clause) § Effective dates or special application clauses? legislation met its

II. WRITING BILL REPORTS PURPOSE OF BILL REPORT § Objective, neutral, verifiable < Present a balanced view of the proposal § < Reference the source of material (the statute, rule, or report) < Use opinions only if a credible expert can be cited Inform members and public < < < Allow legislators to know what they are voting on Allow the public to know what issues are being debated and the probable impact of the bill if adopted Preserve legislative history

II. WRITING BILL REPORTS WRITING THE BACKGROUND § Summarize current law or program relevant to each change described in the bill summary § Provide other relevant facts that give context

II. WRITING BILL REPORTS WRITING THE BILL SUMMARY § Summarize how the bill changes current law § Describe by themes, not section-by-section

Strategies for Effective Bill Drafting

Ask Why? n A bill may be drafted for a number of reasons – know the reasons for your bill before you start. n Know what the problem is and how the sponsor wants to solve it.

Remember: It is much easier to kill a bill than to pass one.

Know the Opposition n Almost all bills have opposition. Understand the pros and cons of the issue. n Draft to minimize opposition and to cultivate support.

Avoid Confusion n Avoid unnecessary and confusing complexity in the bill’s structure and language. n Every word matters - be as precise as possible.

Consider the Consequences n A bill can have intended and unintended consequences – think about both.

Protect from Attacks n Anticipate potential legal and policy challenges – draft the bill to insulate it from both. n If possible address possible challenges explicitly.

What’s in a Title? n Senate Bill 5533 (first session) n AN ACT Relating to the hiring of school district employees… n Senate Bill 5533 (second session) n AN ACT Relating to providing increased access to information on disciplinary actions taken against school employees…

Amendments n NEW SECTION. Sec. 3 A new section is added to chapter 28 A. 320 RCW to read as follows: School districts must, at the first opportunity but in all cases within forty-eight hours of receiving a report alleging sexual misconduct by a school employee, notify the parents of a student alleged to be the victim, target, or recipient of the misconduct. School districts shall provide parents with information regarding their rights under the Washington public disclosure act, chapter 42. 17 RCW, to request the public records regarding school employee discipline. This information shall be provided to all parents on an annual basis.