Summary Writing - Press File Information
Locating Primary and Secondary Information in the Press
After reading the press file and getting a general understanding of the legislation, locate provisions of the legislation that are included in the press. It is important that you differentiate between two types of information contained in the press:- Primary Information: anything in the press that explains the explicit provisions or specific intent(s) of the legislation. Don't assume information in the press is not a provision of the legislation because the wording of it is vague. It could be as vague as "increasing taxes" or as specific as "increasing the income tax rate for those earning more than $1 million."
- Secondary Information: any additional information that is related to the legislation, but is not explicitly stated in the text of the legislation. It could be potential impacts of the legislation, explanations of what is contained within existing law, or commentary for or against the legislation.
The best way to differentiate is to determine if a given statement made by the press must be explicitly stated in the legislation in order for the press to make such a statement. After reading something in the press that might be considered primary information, ask yourself: "If that is true, would the legislation also be required to specify this information?" Here is an example: HB 383 from New Hampshire during the 2009 legislative session. The press file contains the following paragraph:
- "...The bill would create a primary law, meaning police can stop a car and issue a summons solely for the failure to wear a seat belt. A secondary seat belt law authorizes the police to issue a summons for non-seat belt use only if the motorist has been stopped for another violation. The New Hampshire law would impose a $50 fine for a first offense and $100 fine for each subsequent violation...."
- "...The bill would create a primary law, meaning police can stop a car and issue a summons solely for the failure to wear a seat belt...."
- "...The New Hampshire law would impose a $50 fine for a first offense and $100 fine for each subsequent violation."
These statements clearly identify the underlying purpose of the bill: to implement a seat belt law, and establish a fine. Assuming what the press said is true, the legislation would be required to explicitly state that it is a primary law and that the fine is $50 for the first offense and $100 for a second or subsequent offense. It would be impossible for the press to gather that information if it was not in the text of the legislation itself.
This statement, however, would be considered secondary information:
- "A secondary seat belt law authorizes the police to issue a summons for non-seat belt use only if the motorist has been stopped for another violation."
This statement is merely an explanation of a secondary seat belt law in order to provide context for the reader to better understand what a primary law is by comparison. This would be secondary press information because the legislation would not be required to explicitly state that the law is not a secondary seat belt law.
Although it was noted earlier that commentary on the legislation is usually secondary information, it will sometimes take on the form of primary information. Here is an example: SB 241 from Colorado during the 2009 session. The underlying purpose of this bill is to require anyone who is arrested for a felony to submit a DNA sample, as opposed to collecting a sample after they are convicted. The press file contains the following paragraph:
- "...'This bill sets out a very clear process for accused persons to expunge their record if they are found not guilty,' Penry told Face the State. But other Republicans allege that once the cat is out of the bag, meaning that when the government has acquired this personal information, it can't ever be effectively returned to individuals...."
The first sentence of this paragraph is quoting a member of the legislature defending the bill. At first glance, it might appear to be secondary information, but actually the legislator is defending the bill by discussing specific provisions. Like the first sentence, the second one is also commentary on the bill, even though it is not a direct quote. Unlike the first sentence, the second sentence is considered secondary information because it is not a provision of the bill and is instead a possible unintended consequence of the legislation. There is no reason why the bill would actually say that once a DNA sample is collected, there is no way to "effectively" return it.
It is also important not to erroneously identify a statement in the press as primary information about the bill. Sometimes the wording of a sentence will suggest that it is relaying provisions of a bill when it is really providing context or commentary. Pay very close attention to the language used by the press. Here is an example: SB 141 from New Mexico during the 2009 legislative session. The press file contains the following:
- "...For years, a measure that would enhance penalties for public officials who are convicted felons couldn't even get a hearing in the Capitol. And when it was heard, it never cleared a single committee."
After reading this statement, you might assume the bill increases penalties for public officials convicted of a felony. However, the statement regarding bills that "enhance penalties for public officials who are convicted felons" is referring to past attempts by the legislature to pass such legislation. It is not explicitly referring to SB 141. Therefore, this would be considered secondary information. If you continue to read the press file, you will encounter the following statements:
- "...Wednesday morning, however, Senate Bill 141 got a nod from the Senate Rules Committee and was sent to the Judiciary Committee for consideration....It would allow a court to ratchet up the sentence of a convicted felon officials and impose a fine equal to as much as the official's salary and benefits."
Clearly this statement would be considered primary information. The key word that separates it from the first sentence of the article is the word "allow." While the first sentence may suggest the bill is actually encoding stronger penalties into law, the above sentence actually identifies the court as the arbiter of whether to enhance such penalties. It is a subtle change in language, but an important one to recognize in order to provide a complete and entirely accurate summary of the bill.
Many articles will cover the same provisions of a bill. However, you will often come across some articles that are more detailed than others. Here is an example: A 6468 from New York during the 2009 legislative session. One of the articles in the press file states the following:
- "...All new guns would be required to have a firing pin that leaves the gun's code on each bullet casing fired...."
The next article in the press file states the following:
- "The bill requires microstamping for semi-automatic pistols manufactured on or after January 1, 2011, and delivered to firearms dealers in New York State."
As you can see, each statement covers the underlying intent of the bill, but they each contain details that the other does not. The first article provides a more detailed description of what "microstamping" is, and the second statement specifies that this rule applies to pistols manufactured on or after January 1, 2011, as opposed to the more generic phrase "all new guns."
Incorporating Primary Information Into Your Summary
You may wish to take notes on primary information in the press so that you can confirm it while reading the bill text. When you have completed your summary, refer back to the press file to ensure that you have included any major provisions mentioned in the press.Incorporating Secondary Information Into Your Summary
Secondary information can assist you with including information beyond the primary information mentioned by the press. Secondary information is something that you may want to keep in mind while writing the summary to provide context to a reader. Here is an example: SB 241 from Colorado during the 2009 session, which was dealt with earlier. The following is a list of statements in the press that would be considered secondary information:- "...But other Republicans allege that once the cat is out of the bag, meaning that when the government has acquired this personal information, it can't ever be effectively returned to individuals...."
- "...Cadman told Face the State. 'It will probably be some bureaucracy where you request it, provide more personal information to CBI, and then frankly you will have virtually no proof that it is done. Plus, there is no provision requiring the federal government to remove it.'"
- "'Anybody can be accused of anything by anybody at any time,' Williams told Face the State. 'Accusation is not proof. Think of how many times there have been false accusations. The government can't protect financial data on laptops, how are we supposed to expect them to protect our identities?'"
Notice that the above statements are all questions and concerns raised about the ability of the state to effectively expunge the DNA record of an individual after it has been collected following a felony arrest. Obviously the bill text wouldn't say something to that effect, but it does provide the specifics of the process for attempting to have one's DNA record expunged. If your summary provides an adequate explanation of this process, it will allow a reader to raise the objections that were raised in the press file or decide that enough protections are included in the bill. This is a group of highlights from the summary of this bill that detail that very process, as well as additional protections:
- -Authorizes individuals to submit a written request to have their DNA sample be expunged from the database if the felony charge has been dismissed, resulted in an acquittal, resulted in a conviction for an offense other than a felony offense, or if a felony charge is not filed within 90 days of the arrest (Sec. 1).
- -Requires a law enforcement agency that receives a signed statement from a qualified individual to have his or her DNA sample expunged from the database to notify the Colorado Bureau of Investigation within 90 days that the sample must be destroyed (Sec. 1).
- -Requires the Colorado Bureau of Investigation to destroy the DNA sample within 90 days of receiving a request from a law enforcement agency and to send a notification by first-class mail to the individual that was arrested stating that the sample has been destroyed (Sec. 1).
- -Prohibits a database match of DNA samples from being admitted as evidence against an individual in a criminal prosecution if it was provided by a sample that was required to be destroyed or obtained after the required date of destruction (Sec. 1).
Notice that the above highlights detail the specifics of the process by which one can have their DNA sample expunged, as well as an additional prohibition against admitting a match of DNA samples as evidence at trial if the DNA sample was suppose to have been destroyed. The press file didn't include all of the provisions mentioned in this group of highlights, but the inclusion of these provisions helps to address the questions and concerns that were brought up in the secondary information of the press.
Incorporating Other Information Into Your Summary
Finally, you are free to include information that was not mentioned in the press, even if it's not related to secondary information. Don't hesitate to include information that you think would be relevant to a legislator or voter when casting a vote or if you simply think it's necessary for a thorough and complete summary of the legislation. Here is an example: HB 1171 from North Dakota during the 2009 session. The press file contained the following information:- Primary Information:
- "...to allow parents who earned high school diplomas to teach their children at home without supervision...."
- "...a bill that says a parent who has a high school diploma or a general equivalence degree may provide unsupervised instruction...."
- "...to allow parents who have only a high school education to home-school their children without supervision of public school authorities...."
- Secondary Information:
- "Right now, state law says a parent may teach without local school oversight if he or she has a bachelor's degree...."
- "She says that public school teachers have to meet higher standards, and it's not a good idea to lower them for home schoolers...."
- "Current law prohibits parents who don't have a college degree from teaching their own children without supervision or monitoring from their local public school district officials."
The following is the complete summary for this legislation:
- Project Vote Smart's Synopsis:
- Vote to pass a bill that authorizes parents who received a high school diploma to home school their children without oversight from a licensed teacher, whereas existing law requires parents to have received at least a bachelors degree to do so.
- Highlights:
- -Authorizes parents without a high school diploma to home school their children, provided they adhere to the requirements previously established by existing law for parents who received a high school diploma, including the oversight of a licensed teacher (Sec. 3).
- -Increases the minimum number of credits of high school coursework necessary for a home schooled student to receive a high school diploma from 21 credits to 22 credits beginning with the 2009-2010 school year and to 24 credits beginning with the 2011-2012 school year (Sec. 5).
- -Repeals the provisions of this bill on July 31, 2011 (Sec. 6).
Notice that the PVS synopsis contains both the primary and secondary information contained in the press. However, after reading the bill text, there were provisions of the bill that may be considered important or relevant to a North Dakota legislator or voter. This includes changing graduation standards for home schooled students, regulations of parents without a high school diploma that are home schooling their children, and a sunset provision. This summary is a good example of why you are not limited to the issues discussed by the press.
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