Bill Drafting and Assignments Flashcards

1
Q

How did laws come to be in NJ?

A
  • In 1776 they all started as PLs in chronological order.
  • In 1937 they we revised and categorized topically, and re-named the Revised Statutes.
  • Laws after that continued to be in PL format, arranged both chronologically and topically.
  • NJS come in as PLs but are labeled as NJS.
  • NJS are usually when there is a new title.
  • Legislative council allocates new laws.
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2
Q

What is the amendatory title?

A

It says what the bill is doing and refers to the NJS or PL being amended.

“An Act concerning.. and amending PL.1967, c234”

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3
Q

What is an amendatory clause?

A

It is the first thing that you read. Will say the source of law that is being amended.

It will say: “Section 12 of PL 1967, c. 234 (C.52:17B-89) is amended to read as follows:”

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4
Q

What is the amendatory section?

A
  • It is a section of a bill that adds or deletes language to an existing section of law
  • Each section proposing to amend existing law must contain the complete official text of the section to be amended. Compilation # is at the beginning (in the amendatory clause) and the cf (compared from) is noted at the end of the amendatory section. If the law has never been amended then Compilation # and cf are the same. If not, then cf will be different d. Compilation #: refers to the initial enactment. Cf refers to the amended version of the law
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5
Q

What is a Substantive Review?

A

It is done to assess that the work represents an appropriate, thorough, clear, effective, and accurate response to the request. It is done for all work products, except for pre files and re-introductions.

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6
Q

What is a Technical Review?

A
  • Bills/Resolutions/amendments should follow technical and stylistic standards as specified by the Constitution, OLS, statutes or rules of the Houses.
  • Ensures that the substantive objectives are clear, checks for errors, oversight and deviations from standard form. Checks accuracy of statutory references, bill drafts title and synopsis.
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7
Q

When do pre-filed bills undergo technical review (TR)?

A

Pre-filed bills are reviewed when it’s reported out of committee

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8
Q

Where are bill drafting #’s placed?

A

On the upper right-hand corner in the following order

Bill drafter’s #: ER 354

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9
Q

What does DR stand for?

A

Drafters Recommendation - for certifications for fiscal note, Pension & Health Benefits Review Commission; or Sales and Tax Use Commission

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10
Q

What does CR stand for?

A

Committee Recommendation - which committee the drafter recommends the bill be referred to

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11
Q

What is the purpose of legislative findings and declarations after the enacting clause?

A
  • It is the section of the bill that offers a narrative of the facts, rationale, or goals underlying the legislation
  • Are designed to introduce the bill and to establish context
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12
Q

What is the purpose of Whereas Clauses before the Enacting Clause?

A

These are Preamble “whereas” clauses, which are similar to findings and declarations section of a bill, however they are not enacted as a section of the law.

These are for resolutions (senate, assembly, joint or concurrent, except for concurrent resolution proposing an amendment to NJ constitution or legislative regulatory oversight)

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13
Q

What is the synopsis and where is it?

A
  • It is to allow ready identification of the bill and inform the reader of the overall purpose of the bill
  • no longer than 35 words
  • Should include key words or phrases having to do with the subject matter
  • Below bill title on fronter and on last page of bill (after sponsor’s statement)
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14
Q

How can you differentiate between amendatory and supplementary sections in a bill?

A

Amendatory sections are labeled in amendatory clause
Supplementary sections labeled (New Section)

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15
Q

What do you do when a Legislator gives you an assignment?

A

Get Due date, Name of Requester, What the assignment is, Get any attachments, and get an alternative contact person, if they have one.

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16
Q

A Legislator on the floor insists that they gave OLS a specific assignment and what to know where it is. What do you do?

A

Go to ATS and find what section it is in then go to the section Secretary or Section Chief to find out who the drafter is and then call drafter and say that member wants to speak with him/her.

17
Q

What are the first 2 things a researcher does when given an assignment?

A

First, Read it and second, read the attachments

18
Q

What do you do if a Legislator asks for a 200 page amendment of a bill in 3 days?

A

Say yes, it will be done. However, the quality of the draft in 3 days will be different if given one week or 2 weeks.

19
Q

Name 3 ways the title of bill could begin

A
  1. AN ACT…
  2. A JOINT RESOLUTION…
  3. A CONCURRENT RESOLUTION…
20
Q

What is the function of the line in a bill that starts with “BE IT ENACTED by the Senate…”?

A

Everything above it (the preamble) is not codified

21
Q

If a bill only supplements a Pamphlet Law, does the title need to contain the compilation number of the P.L. being supplemented? Why?

A

Yes

Because otherwise this info will not appear anywhere else on the bill

22
Q

If a bill supplements and amends a Pamphlet Law, does the title need to contain the compilation number of the the P.L.? Why?

A

No

Because this info will appear in the amendatory clause(s)

23
Q

Are cross-references to other bills in the text of bill meant to be to the source or to the latest version?

A

The source

24
Q

What is your bill drafting number?

A

ER-354