Revision history for WritingLegislation
Additions:
~1) How these secondary statutes must be amended to accommodate the new statute or amendments to the principle existing statute, if applicable; and
Some legislatures will also include a section detailing the findings or the intent of the legislature, but this doesn't carry any legal weight, and we don't cover this due to its partisan nature.
After determining the purpose of the legislation, a legislator must locate the principle statute that needs to be amended, unless they are adding a new statute to achieve this goal. If the legislator intends to add a section to the law they will introduce it as such. For example, Section 1 of HB 503 from Idaho during the 2008 session intends to supplement material to the state code, and is introduced in this manner:
If an existing statute does exist, then a legislator can either repeal the existing statute outright or issue amendments to the statute. If a legislator repeals a statute, the section of the statute will be listed, followed by a brief explanation that the statute will be repealed. For example, the entire text (not including the effective date) of S 8638 in New York during the 2008 session reads:
If a legislator intends to amend a statute, the legislation will identify the statute's section number and note that it will be amended as follows. For example, Section 1 of LB 1 in Nebraska during a special session in 2008 amends the law in this manner, and is introduced as follows:
When you're reading a bill text, it's best to check the introductions of each section to see how existing law will be amended.
The text of the legislation will indicate what is existing law and what is new law. States differ in how they identify new law contained within the legislation, but it's typically rather conspicuous. CAPITAL LETTERS and __underlining__ usually indicate new law, and ++striking text++ and using [brackets] indicate existing law that will be deleted. For example, LB 1 from Nebraska is a bill that is targeting the "safe haven law," which received significant media attention. In an attempt to establish an age-limit for this law, which protects adults who abandon children at hospitals from prosecution, the statute was amended by the final version of the bill as follows:
The bill does not require existing law be deleted, since there was not an age-limit to begin with. Instead, the bill inserts the phrase "thirty days old or younger" in the appropriate place to establish an age limit.
Let's review an example of existing law being deleted. HB 2769 from Arizona during the 2008 session sought to amend the law covering late-term abortion. The bill increased the penalty for performing such an abortion and revises the definition of "partial-birth abortion." With respect to increasing the penalty, the bill text reads:
A strike-through indicates matter deleted from the law, whereas text that is in CAPITAL LETTERS indicates new law. The principle change that we're concerned with is elevating the classification of the crime from a Class 6 felony to a Class 5 felony, which carries with it an increase in penalties for physicians who perform this procedure. The bill also includes the following change in the definition of "partial birth abortion":
Existing law relied upon a very limited definition of "partial-birth abortion." The intent of this legislation, in addition to increasing penalties for performing one, is to erase the old definition and provide one that is consistent with the federal definition.
S 249-A from New York during the 2009 session is revising eligibility requirements for the Shock Incarceration Program, which allows specific inmates to serve 6 months in a shock incarceration facility in exchange for conditional early release. However, the principle statute here is not the one that outlines the specifics of the program, but rather the definition of "eligible inmate." Keep in mind that this bill uses [brackets] to indicate existing law that will be deleted:
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, the bill also relaxes restrictions on drug offenders entering the program. Existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony.
Occasionally existing law is not provided in the bill, so you must find the existing statute using the citation number provided in the bill text. Here is an example: S 8638 from New York during the 2008 session. The only two sections of the bill read:
The text of the existing law is not provided to tell us what "Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law" is. You will have to locate that section of the code on their website, where you'll find that this subsection of the law reads:
This language may seem convoluted, especially without the context of the complete statute. If you were to look at the full statute, you'd notice that this lists transactions that are subject to the sales tax, and this particular subsection of the bill extends the sales tax to out-of-state merchants that sell items purchased by and shipped to New York residents. The intent of the legislation is to repeal such a tax.
"Secondary statutes" may also be addressed by legislation. This refers to sections of the code that are affected by the principle statute being addressed by the legislation. If legislation intends to amend, delete, or supplement laws, there's a good chance that another provision of the code references that statute. Therefore, that provision will further amending so that the two are consistent. For example, AB 2220 from Arizona during the 2008 session was a proposal to repeal the State Equalization Property Tax. Section 1 of the bill reads:
**Other Provisions not to Overlook**
In the above example the repealed statute enforces the tax. Because the repeal of this tax is the sole purpose of this bill, you might assume that all the bill needs is an effective date for completion. However, this is a 19 page bill. Several other statutes on the books govern things related to this tax and must now be amended. For example, the bill makes an amendatory change to Section 15-971 as follows:
If you glance at the text that is being deleted, you'll find that it was a statute defining how the county aid for equalization assistance for education is to be calculated. If the legislature repeals the tax, then the legislature must repeal the section of the law specifying how the revenue is to be distributed. This is a good example of how you'll frequently encounter bills in which the information that we need is in only one section, while the remaining provisions of the bill are simply amendatory changes. You will also encounter legislation where multiple sections require summarization, particularly bills that have multiple purposes. Just remember that bill texts vary greatly in length and clarity, but our primary concern is identifying the underlying purpose of the legislation and the principle statute(s) that fulfill the underlying purpose.
Some legislatures will also include a section detailing the findings or the intent of the legislature, but this doesn't carry any legal weight, and we don't cover this due to its partisan nature.
After determining the purpose of the legislation, a legislator must locate the principle statute that needs to be amended, unless they are adding a new statute to achieve this goal. If the legislator intends to add a section to the law they will introduce it as such. For example, Section 1 of HB 503 from Idaho during the 2008 session intends to supplement material to the state code, and is introduced in this manner:
If an existing statute does exist, then a legislator can either repeal the existing statute outright or issue amendments to the statute. If a legislator repeals a statute, the section of the statute will be listed, followed by a brief explanation that the statute will be repealed. For example, the entire text (not including the effective date) of S 8638 in New York during the 2008 session reads:
If a legislator intends to amend a statute, the legislation will identify the statute's section number and note that it will be amended as follows. For example, Section 1 of LB 1 in Nebraska during a special session in 2008 amends the law in this manner, and is introduced as follows:
When you're reading a bill text, it's best to check the introductions of each section to see how existing law will be amended.
The text of the legislation will indicate what is existing law and what is new law. States differ in how they identify new law contained within the legislation, but it's typically rather conspicuous. CAPITAL LETTERS and __underlining__ usually indicate new law, and ++striking text++ and using [brackets] indicate existing law that will be deleted. For example, LB 1 from Nebraska is a bill that is targeting the "safe haven law," which received significant media attention. In an attempt to establish an age-limit for this law, which protects adults who abandon children at hospitals from prosecution, the statute was amended by the final version of the bill as follows:
The bill does not require existing law be deleted, since there was not an age-limit to begin with. Instead, the bill inserts the phrase "thirty days old or younger" in the appropriate place to establish an age limit.
Let's review an example of existing law being deleted. HB 2769 from Arizona during the 2008 session sought to amend the law covering late-term abortion. The bill increased the penalty for performing such an abortion and revises the definition of "partial-birth abortion." With respect to increasing the penalty, the bill text reads:
A strike-through indicates matter deleted from the law, whereas text that is in CAPITAL LETTERS indicates new law. The principle change that we're concerned with is elevating the classification of the crime from a Class 6 felony to a Class 5 felony, which carries with it an increase in penalties for physicians who perform this procedure. The bill also includes the following change in the definition of "partial birth abortion":
Existing law relied upon a very limited definition of "partial-birth abortion." The intent of this legislation, in addition to increasing penalties for performing one, is to erase the old definition and provide one that is consistent with the federal definition.
S 249-A from New York during the 2009 session is revising eligibility requirements for the Shock Incarceration Program, which allows specific inmates to serve 6 months in a shock incarceration facility in exchange for conditional early release. However, the principle statute here is not the one that outlines the specifics of the program, but rather the definition of "eligible inmate." Keep in mind that this bill uses [brackets] to indicate existing law that will be deleted:
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, the bill also relaxes restrictions on drug offenders entering the program. Existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony.
Occasionally existing law is not provided in the bill, so you must find the existing statute using the citation number provided in the bill text. Here is an example: S 8638 from New York during the 2008 session. The only two sections of the bill read:
The text of the existing law is not provided to tell us what "Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law" is. You will have to locate that section of the code on their website, where you'll find that this subsection of the law reads:
This language may seem convoluted, especially without the context of the complete statute. If you were to look at the full statute, you'd notice that this lists transactions that are subject to the sales tax, and this particular subsection of the bill extends the sales tax to out-of-state merchants that sell items purchased by and shipped to New York residents. The intent of the legislation is to repeal such a tax.
"Secondary statutes" may also be addressed by legislation. This refers to sections of the code that are affected by the principle statute being addressed by the legislation. If legislation intends to amend, delete, or supplement laws, there's a good chance that another provision of the code references that statute. Therefore, that provision will further amending so that the two are consistent. For example, AB 2220 from Arizona during the 2008 session was a proposal to repeal the State Equalization Property Tax. Section 1 of the bill reads:
**Other Provisions not to Overlook**
In the above example the repealed statute enforces the tax. Because the repeal of this tax is the sole purpose of this bill, you might assume that all the bill needs is an effective date for completion. However, this is a 19 page bill. Several other statutes on the books govern things related to this tax and must now be amended. For example, the bill makes an amendatory change to Section 15-971 as follows:
If you glance at the text that is being deleted, you'll find that it was a statute defining how the county aid for equalization assistance for education is to be calculated. If the legislature repeals the tax, then the legislature must repeal the section of the law specifying how the revenue is to be distributed. This is a good example of how you'll frequently encounter bills in which the information that we need is in only one section, while the remaining provisions of the bill are simply amendatory changes. You will also encounter legislation where multiple sections require summarization, particularly bills that have multiple purposes. Just remember that bill texts vary greatly in length and clarity, but our primary concern is identifying the underlying purpose of the legislation and the principle statute(s) that fulfill the underlying purpose.
Deletions:
~1) How these secondary statutes can be amended in order to accommodate the new statute or amendments to the principle existing statute, if applicable; and
Some legislatures will also include a section detailing the findings or the intent of the legislature, but this is either not encoded in state law or doesn't carry any legal weight, and we typically don't cover this due to the partisan nature it typically assumes.
After settling on precisely what the purpose of the legislation is, a legislator must locate the principle statute that needs to be amended unless, of course, he or she is adding a completely new statute to achieve this goal because there is not one that currently addresses the issue at hand. If the legislator intends to add a section to the law, he or she will introduce it as such, and attach a statute citation number to indicate where in the state code it will be located. For example, Section 1 of HB 503 from Idaho during the 2008 session intends to supplement material to the state code, and is introduced in this manner:
If, however, an existing statute does exist, then a legislator can either repeal the existing statute outright (which rarely happens) or issue amendments to the statute. If a legislator repeals a statute, the section of the statute will be listed, followed by a brief explanation that the statute will be repealed. For example, the entire text (not including the effective date) of S 8638 in New York during the 2008 session reads:
If a legislator intends to amend a statute, the legislation will introduce this by identifying the statute's section number and note that it will be amended as follows. For example, Section 1 of LB 1 in Nebraska during a special session in 2008 amends the law in this manner, and is introduced as follows:
When you're reading a bill text, it's best to check the introductions of each section to see how existing law will be amended. From there, proceed to read the body of the text.
Under most circumstances, the text of the legislation will indicate what is existing law and what is new law. Meaning, it will show how the statute appears after the legislation is enacted. States differ in how they identify new law contained within the legislation, but it's typically rather conspicuous. CAPITAL LETTERS and __underlining__ usually indicate new law, and ++striking text++ and using [brackets] indicate existing law that will be deleted. For example, LB 1 from Nebraska, which we dealt with earlier, is a bill that is targeting the infamous "safe haven law," which received significant media attention. In an attempt to establish an age-limit for this law, which protects adults who abandon children at hospitals from prosecution, the statute was amended by the final version of the bill as follows:
The bill does not require existing law be deleted, since there was not an age-limit to begin with. Instead, the bill inserts the phrase "thirty days old or younger" in the appropriate place to establish an age limit.
Let's review another example, this time with existing law being deleted. HB 2769 from Arizona during the 2008 session sought to amend the law covering the always controversial subject of partial-birth/late-term abortion (PVS terminology for the purpose of non-partisanship). The bill increased the penalty for performing such an abortion and revises the definition of "partial-birth abortion." With respect to increasing the penalty, the bill text reads:
As you can see, a strike-through indicates matter deleted from the law, whereas text that is in CAPITAL LETTERS indicates new law. The principle change that we're concerned with is elevating the classification of the crime from a Class 6 felony to a Class 5 felony, which carries with it an increase in penalties for physicians who perform this procedure. If you continue reading the bill, you'll encounter the following change in the definition of "partial birth abortion":
As the text that is being deleted indicates, existing law relied upon a very limited definition of "partial-birth abortion." The intent of this legislation, in addition to increasing penalties for performing one, is to erase the old definitio and provide one that is consistent with the federal definition.
Here is another example of a bill that issues amendments to an existing statute. S 249-A from New York during the 2009 session is revising eligibility requirements for the Shock Incarceration Program, which allows specific inmates to serve 6 months in a shock incarceration facility in exchange for conditional early release. However, the principle statute here is not the one that outlines the specifics of the program, but rather the definition of "eligible inmate." Take a look, and keep in mind that this bill uses [brackets] to indicate existing law that will be deleted:
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, the bill also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony.
Once in a while, existing law is not provided in the bill, so it will be up to you to find the existing statute using the citation number provided in the bill text. Here is an example: S 8638 from New York during the 2008 session. The only two sections of the bill read:
The text of the existing law is not provided to tell us what "Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law" is dealing with. Therefore, you will have to locate that section of the code on their website, where you'll find that this subsection of the law reads:
This language may seem rather convoluted, especially without the rest of the section to provide context. However, over time, such legalese language will become easier to decipher. If you were to look at the full statute, you'll notice that this specifies transactions that are subject to the sales tax, and this particular subsection of the bill extends the sales tax to out-of-state merchants that sell items purchased by and shipped to New York residents, including internet companies. Thus, the intent of the legislation is to repeal such a tax.
"Secondary statutes" also must be addressed by legislation, if applicable. This refers to sections of the code that are affected by the principle statute being addressed by the legislation. If legislation intends to amend, delete, or supplement laws, there's a good chance that another provision of the code references that statute. Therefore, that provision will require further amending so that the two are consistent. For example, AB 2220 from Arizona during the 2008 session was a proposal to repeal the State Equalization Property Tax. Section 1 of the bill reads:
**Other Provisions to not Overlook**
The section they are repealing is the statute that enforces the tax. Therefore, because the repeal of this tax is the sole purpose of this bill, you might assume that all the bill needs is an effective date for completion. However, you might be surprised to find out that this is a 19 page bill. That's because several other statutes on the books govern things related to this tax, like how the funds generated by the tax are distributed. For example, the bill makes an amendatory change to Section 15-971 as follows:
If you glance at the text that is being deleted, you'll find that it was a statute defining how the county aid for equalization assistance for education is to be calculated. Thus, if the legislature repeals the tax, then the legislature must repeal the section of the law specifying how the revenue is to be distributed. This is a good example of how you'll frequently encounter bills in which the information that we need is only contained in one section, while the remaining provisions of the bill are simply amendatory changes. However, you will also encounter legislation that contains multiple sections that require summarization, particularly when confronted with bills that have multiple purposes ("omnibus bill"). Just remember that bill texts vary greatly in length and lucidity, but our primary concern is identifying the underlying purpose of the legislation and the principle statute(s) that allows the underlying purpose to be fulfilled.
Additions:
If you glance at the text that is being deleted, you'll find that it was a statute defining how the county aid for equalization assistance for education is to be calculated. Thus, if the legislature repeals the tax, then the legislature must repeal the section of the law specifying how the revenue is to be distributed. This is a good example of how you'll frequently encounter bills in which the information that we need is only contained in one section, while the remaining provisions of the bill are simply amendatory changes. However, you will also encounter legislation that contains multiple sections that require summarization, particularly when confronted with bills that have multiple purposes ("omnibus bill"). Just remember that bill texts vary greatly in length and lucidity, but our primary concern is identifying the underlying purpose of the legislation and the principle statute(s) that allows the underlying purpose to be fulfilled.
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Deletions:
Additions:
======Legislative Process Guide======----
====Writing Legislation====
====Writing Legislation====
Deletions:
Additions:
**The Purpose of the Bill**
**Identifying Amendments**
**References to Existing Law**
**Secondary Purpose of the Bill**
**Other Provisions to not Overlook**
**Identifying Amendments**
**References to Existing Law**
**Secondary Purpose of the Bill**
**Other Provisions to not Overlook**
Deletions:
Additions:
**The Purpose of the Legislation**
**Repeals Existing Statute**
**Amends Existing Law**
**Identifying New Laws and Laws Being Deleted**
**Repeals Existing Statute**
**Amends Existing Law**
**Identifying New Laws and Laws Being Deleted**
Additions:
**Findings or Intent**
Some legislatures will also include a section detailing the findings or the intent of the legislature, but this is either not encoded in state law or doesn't carry any legal weight, and we typically don't cover this due to the partisan nature it typically assumes.
Some legislatures will also include a section detailing the findings or the intent of the legislature, but this is either not encoded in state law or doesn't carry any legal weight, and we typically don't cover this due to the partisan nature it typically assumes.
Deletions:
Deletions:
& 2. The amount that would be produced by levying the applicable qualifying tax rate determined pursuant to section 41-1276 for a unified school district, a common school district not within a high school district or a common school district within a high school district which offers instruction in high school subjects as provided in section 15-447. The qualifying tax rate shall be applied in the following manner:
& (a) For the purposes of the amount determined in subsection A, paragraph 1 of this section:
& (i) Determine separately the percentage that the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and the weighted student count in grades nine through twelve is to the weighted student count determined in subtotal A as provided in section 15-943, paragraph 2, subdivision (a).
& (ii) Apply the percentages determined in item (i) to the amount determined in subsection A, paragraph 1 of this section.
& (b) For the purposes of the amounts determined in subsection A, paragraphs 2 and 3 of this section, determine separately the amount of the capital outlay revenue limit and the amount of the soft capital allocation attributable to the student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and grades nine through twelve.
& (c) From the amounts determined in subdivisions (a) and (b) subtract the levy which would be produced by the current qualifying tax rate for a high school district or a common school district within a high school district that does not offer instruction in high school subjects as provided in section 15-447. If the qualifying tax rate generates a levy which is in excess of the total determined in subsection A of this section, the school district shall not be eligible for equalization assistance. In this subsection, "assessed valuation" includes the values used to determine voluntary contributions collected pursuant to title 9, chapter 4, article 3 and title 48, chapter 1, article 8.
& 3. The amount that would be produced by levying a qualifying tax rate in a joint vocational and technological education district, which shall be five cents per one hundred dollars assessed valuation unless the legislature sets a lower rate by law.
& 4. The amount of government property lease excise tax monies that were WAS distributed to the district pursuant to section 42-6205 during the preceding fiscal year.
& 1. Determine the total equalization assistance for all school districts in the county as provided in subsections A and B of this section.
& 2. Determine the total amount of state equalization assistance collected for all school districts in the county as provided in section 15-994.
& 3. Divide the amount determined in paragraph 2 of this subsection by the amount determined in paragraph 1 of this subsection.
& 4. Multiply the amount determined in subsections A and B of this section by the quotient determined in paragraph 3 of this subsection for each school district.
& 5. The amount determined in paragraph 4 of this subsection shall be the county aid for equalization assistance for education for a school district.
& 1. Determine the equalization assistance for education for a school district as provided in subsections A and B of this section.
& 2. For each county, determine the levy that would be produced by the state equalization assistance property tax rate prescribed in section 15-994, subsection A.
& 3. Prorate the amount determined in paragraph 2 of this subsection to each school district in the county as prescribed by subsection C of this section.
& 4. Subtract the amount determined in paragraph 3 of this subsection from the amount determined in paragraph 1 of this subsection.
Deletions:
& 2. The capital outlay revenue limit of a school district as determined in section 15-951 or 15-961.
& 3. The soft capital allocation of a school district as determined in section 15-951 or 15-962.
Additions:
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, the bill also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony.
Deletions:
Additions:
& //1. "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within three years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within three years, who has not reached the age of [forty] FIFTY years, who has not previously been convicted of a felony upon which an indeterminate or determinate term of imprisonment was imposed and who was between the ages of sixteen and [forty] FIFTY years at the time of commission of the crime upon which his or her present sentence was based except, however, an eligible inmate shall not include a person sentenced [to a determinate sentence of three and one-half years or more] as a second felony drug offender pursuant to subdivision [three] FOUR of section 70.70 of the penal law for a conviction of a class B felony offense defined in article two hundred twenty of the penal law...//
Deletions:
Additions:
& A. ++A person++ ANY PHYSICIAN who knowingly performs a partial-birth abortion and ++who++ THEREBY kills a human fetus is guilty of a Class ++6++ 5 felony....//
As you can see, a strike-through indicates matter deleted from the law, whereas text that is in CAPITAL LETTERS indicates new law. The principle change that we're concerned with is elevating the classification of the crime from a Class 6 felony to a Class 5 felony, which carries with it an increase in penalties for physicians who perform this procedure. If you continue reading the bill, you'll encounter the following change in the definition of "partial birth abortion":
As you can see, a strike-through indicates matter deleted from the law, whereas text that is in CAPITAL LETTERS indicates new law. The principle change that we're concerned with is elevating the classification of the crime from a Class 6 felony to a Class 5 felony, which carries with it an increase in penalties for physicians who perform this procedure. If you continue reading the bill, you'll encounter the following change in the definition of "partial birth abortion":
Deletions:
As you can see, a strike-through indicates matter deleted from the law, whereas text that is in CAPITAL LETTERS indicates new law. The principle change that we're concerned with is elevating the classification of the crime from a class 6 felony to a class 5 felony, which carries with it an increase in penalties for physicians who perform this procedure. If you continue reading the bill, you'll encounter the following change in the definition of "partial birth abortion":
Additions:
After settling on precisely what the purpose of the legislation is, a legislator must locate the principle statute that needs to be amended unless, of course, he or she is adding a completely new statute to achieve this goal because there is not one that currently addresses the issue at hand. If the legislator intends to add a section to the law, he or she will introduce it as such, and attach a statute citation number to indicate where in the state code it will be located. For example, Section 1 of HB 503 from Idaho during the 2008 session intends to supplement material to the state code, and is introduced in this manner:
Deletions:
citation number to indicate where in the state code it will be located. For example, Section 1 of HB 503 from Idaho during the 2008 session intends to supplement material to the state code, and is introduced in this manner:
Additions:
After settling on precisely what the purpose of the legislation is, a legislator must locate the principle statute that needs to be amended unless, of course, he or she is adding a completely new statute to achieve this goal because there is not one that currently addresses the issue at hand. If the legislator intends to add a section to the law, he or she will introduce it as such, and attach a statute
citation number to indicate where in the state code it will be located. For example, Section 1 of HB 503 from Idaho during the 2008 session intends to supplement material to the state code, and is introduced in this manner:
If, however, an existing statute does exist, then a legislator can either repeal the existing statute outright (which rarely happens) or issue amendments to the statute. If a legislator repeals a statute, the section of the statute will be listed, followed by a brief explanation that the statute will be repealed. For example, the entire text (not including the effective date) of S 8638 in New York during the 2008 session reads:
Let's review another example, this time with existing law being deleted. HB 2769 from Arizona during the 2008 session sought to amend the law covering the always controversial subject of partial-birth/late-term abortion (PVS terminology for the purpose of non-partisanship). The bill increased the penalty for performing such an abortion and revises the definition of "partial-birth abortion." With respect to increasing the penalty, the bill text reads:
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, the bill also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of //any// homicide offense or //any// sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.
This language may seem rather convoluted, especially without the rest of the section to provide context. However, over time, such legalese language will become easier to decipher. If you were to look at the full statute, you'll notice that this specifies transactions that are subject to the sales tax, and this particular subsection of the bill extends the sales tax to out-of-state merchants that sell items purchased by and shipped to New York residents, including internet companies. Thus, the intent of the legislation is to repeal such a tax.
"Secondary statutes" also must be addressed by legislation, if applicable. This refers to sections of the code that are affected by the principle statute being addressed by the legislation. If legislation intends to amend, delete, or supplement laws, there's a good chance that another provision of the code references that statute. Therefore, that provision will require further amending so that the two are consistent. For example, AB 2220 from Arizona during the 2008 session was a proposal to repeal the State Equalization Property Tax. Section 1 of the bill reads:
If you glance at the text that is being deleted, you'll find that it was a statute defining how the county aid for equalization assistance for education is to be calculated. Thus, if the legislature repeals the tax, then the legislature must repeal the section of the law specifying how the revenue is to be distributed. This is a good example of how you'll frequently encounter bills in which the information that we need is only contained in one section, while the remaining provisions of the bill are simply amendatory changes. However, you will also encounter legislation that contains multiple sections that require summarization, particularly when confronted with bills that have multiple purposes ("omnibus bill"). Just remember that bill texts vary greatly in length and lucidity, but our primary concern is identifying the underlying purpose of the legislation and the principle statute(s) that allows the underlying purpose to be fulfilled.
citation number to indicate where in the state code it will be located. For example, Section 1 of HB 503 from Idaho during the 2008 session intends to supplement material to the state code, and is introduced in this manner:
If, however, an existing statute does exist, then a legislator can either repeal the existing statute outright (which rarely happens) or issue amendments to the statute. If a legislator repeals a statute, the section of the statute will be listed, followed by a brief explanation that the statute will be repealed. For example, the entire text (not including the effective date) of S 8638 in New York during the 2008 session reads:
Let's review another example, this time with existing law being deleted. HB 2769 from Arizona during the 2008 session sought to amend the law covering the always controversial subject of partial-birth/late-term abortion (PVS terminology for the purpose of non-partisanship). The bill increased the penalty for performing such an abortion and revises the definition of "partial-birth abortion." With respect to increasing the penalty, the bill text reads:
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, the bill also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of //any// homicide offense or //any// sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.
This language may seem rather convoluted, especially without the rest of the section to provide context. However, over time, such legalese language will become easier to decipher. If you were to look at the full statute, you'll notice that this specifies transactions that are subject to the sales tax, and this particular subsection of the bill extends the sales tax to out-of-state merchants that sell items purchased by and shipped to New York residents, including internet companies. Thus, the intent of the legislation is to repeal such a tax.
"Secondary statutes" also must be addressed by legislation, if applicable. This refers to sections of the code that are affected by the principle statute being addressed by the legislation. If legislation intends to amend, delete, or supplement laws, there's a good chance that another provision of the code references that statute. Therefore, that provision will require further amending so that the two are consistent. For example, AB 2220 from Arizona during the 2008 session was a proposal to repeal the State Equalization Property Tax. Section 1 of the bill reads:
If you glance at the text that is being deleted, you'll find that it was a statute defining how the county aid for equalization assistance for education is to be calculated. Thus, if the legislature repeals the tax, then the legislature must repeal the section of the law specifying how the revenue is to be distributed. This is a good example of how you'll frequently encounter bills in which the information that we need is only contained in one section, while the remaining provisions of the bill are simply amendatory changes. However, you will also encounter legislation that contains multiple sections that require summarization, particularly when confronted with bills that have multiple purposes ("omnibus bill"). Just remember that bill texts vary greatly in length and lucidity, but our primary concern is identifying the underlying purpose of the legislation and the principle statute(s) that allows the underlying purpose to be fulfilled.
Deletions:
If, however, an existing statute does exist, then they can either repeal the existing statute outright (rarely happens) or issue amendments to the statute. If a legislator repeals a statute, the section of the statute will be listed, followed by a brief explanation that the statute will be repealed. For example, the entire text (not including the effective date) of S 8638 in New York during the 2008 session reads:
Let's review another example, this time with existing law being deleted. HB 2769 from Arizona during the 2008 session sought to amend the law covering the always controversial subject of partial-birth/late-term abortion (PVS terminology for the purpose of nonpartisanship). The bill increased the penalty for performing such an abortion and revises the definition of "partial-birth abortion." With respect to increasing the penalty, the bill text reads:
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, it also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of //any// homicide offense or //any// sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.
This language may seem rather convoluted, especially without the rest of the section to provide context. But, over time, such legalese language will become easier to decipher. If you were to look at the full statute, you'll notice that this specifies transactions that are subject to the sales tax, and this particular subsection of the bill extends the sales tax to out-of-state merchants that sell items purchased by and shipped to New York residents, including internet companies. Thus, the intent of the legislation is to repeal such a tax.
"Secondary statutes" also must be addressed by legislation, if applicable. This referrs to sections of the code that are affected by the principle statute being addressed by the legislation. If legislation intends to amend, delete, or supplement laws, there's a good chance that another provision of the code that references that statute. Therefore, that provision will require further amending so that the two are consistent. For example, AB 2220 from Arizona during the 2008 session was a proposal to repeal the State Equalization Property Tax. Section 1 of the bill reads:
If you glance at the text that is being deleted, you'll find that it was a statute defining how the county aid for equalization assistance for education is to be calculated. So, if the state repeals the tax, then they must repeal this section of the law specifying how the revenue is to be distributed. This is a good example of how you'll frequently encounter bills in which the information that we need is only contained in one section, while the rest are simply amendatory changes. However, you will also encounter legislation that contains multiple sections that require summarization, particularly when confronted with bills that have multiple purposes ("omnibus bill"). Just remember that bill texts vary greatly in length and lucidity, but our primary concern is identifying the underlying purpose of the legislation and the principle statute(s) that allows the underlying purpose to be fulfilled.
Additions:
Before writing legislation, a legislator must identify five things:
~1) The underlying purpose(s) of the legislation and the principle statute(s) that the legislator must supplement, delete, or amend in order to achieve that purpose;
~1) How the statute will appear once it becomes law;
~1) Secondary statutes that affect the principle statute being addressed by the legislation, if applicable;
~1) How these secondary statutes can be amended in order to accommodate the new statute or amendments to the principle existing statute, if applicable; and
~1) The effective date of the legislation.
Some legislatures will also include a section detailing the intent of the legislature, but this is either not encoded in state law or doesn't carry any legal weight, and we typically don't cover this due to the partisan nature it typically assumes.
& //SECTION 1. That Chapter 43, Title 33, Idaho Code, be, and the same is hereby amended by the addition hereto of a NEW SECTION, to be known and designated as Section 334316, Idaho Code, and to read as follows://
& //Section 1. Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law is REPEALED.//
& //Section 1. Section 29-121, Reissue Revised Statutes of Nebraska, is amended to read://
& //Section 1. Section 29-121, Reissue Revised Statutes of Nebraska, is amended to read:
&
& 29-121 No person shall be prosecuted for any crime based solely upon the act of leaving a child __thirty days old or younger__ in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.//
& //Section 1. Section 13-3603.01, Arizona Revised Statutes, is amended to read:
& 13-3603.01. Partial-birth abortions; classification; civil action; definitions
& A. ++A person++ ANY PHYSICIAN who knowingly performs a partial-birth abortion and ++who++ THEREBY kills a human fetus is guilty of a class ++6++ 5 felony....//
& //.... E. For the purposes of this section:
&
& 1. "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery DOES BOTH OF THE FOLLOWING:
&
& (a) DELIBERATELY AND INTENTIONALLY VAGINALLY DELIVERS A LIVING FETUS UNTIL, IN THE CASE OF A HEADFIRST PRESENTATION, THE ENTIRE FETAL HEAD IS OUTSIDE THE BODY OF THE MOTHER OR, IN THE CASE OF BREECH PRESENTATION, ANY PART OF THE FETAL TRUNK PAST THE NAVAL IS OUTSIDE THE BODY OF THE MOTHER FOR THE PURPOSE OF PERFORMING AN OVERT ACT THAT THE PERSON KNOWS WILL KILL THE PARTIALLY DELIVERED LIVING FETUS.
&
& (b) PERFORMS THE OVERT ACT, OTHER THAN COMPLETION OF DELIVERY, THAT KILLS THE PARTIALLY DELIVERED LIVING FETUS....//
& //1. "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within three years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within three years, who has not reached the age of [forty] FIFTY years, who has not previously been convicted of a felony upon which an indeterminate or determinate term of imprisonment was imposed and who was between the ages of sixteen and [forty] FIFTY years at the time of commission of the crime upon which his or her present sentence was based except, however, an eligible inmate shall not include a person sentenced [to a determinate sentence of three and one-half years or more] as a second felony drug offender pursuant to subdivision [three] FOUR of section 70.70 of the penal law for a conviction of a class B felony offense defined in article two hundred twenty of the penal law. Notwithstanding the foregoing, no person who is convicted of any of the following crimes shall be deemed eligible to participate in this program: (a) a violent felony offense as defined in article seventy of the penal law, (b) an A-I felony offense, (c) [manslaughter in the second degree, vehicular manslaughter in the second degree, vehicular manslaughter in the first degree, and criminally negligent] ANY homicide OFFENSE as defined in article one hundred twenty-five of the penal law, (d) [rape in the second degree, rape in the third degree, criminal sexual act in the second degree, criminal sexual act in the third degree, attempted sexual abuse in the first degree, attempted rape in the second degree and attempted criminal sexual act in the second degree] ANY FELONY SEX OFFENSE as defined in [articles one hundred ten and] ARTICLE one hundred thirty of the penal law and (e) any escape or absconding offense as defined in article two hundred five of the penal law.//
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, it also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of //any// homicide offense or //any// sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.
& //Section 1. Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law is REPEALED.
& § 2. This act shall take effect immediately. //
The text of the existing law is not provided to tell us what "Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law" is dealing with. Therefore, you will have to locate that section of the code on their website, where you'll find that this subsection of the law reads:
& //.... (vi) For purposes of subclause (I) of clause (C) of subparagraph (i) of this paragraph, a person making sales of tangible personal property or services taxable under this article ("seller") shall be presumed to be soliciting business through an independent contractor or other representative if the seller enters into an agreement with a resident of this state under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link on an Internet website or otherwise, to the seller, if the cumulative gross receipts from sales by the seller to customers in the state who are referred to the seller by all residents with this type of an agreement with the seller is in excess of ten thousand dollars during the preceding four quarterly periods ending on the last day of February, May, August, and November. This presumption may be rebutted by proof that the resident with whom the seller has an agreement did not engage in any solicitation in the state on behalf of the seller that would satisfy the nexus requirement of the United States constitution during the four quarterly periods in question. Nothing in this subparagraph shall be construed to narrow the scope of the terms independent contractor or other representative for purposes of subclause (I) of clause (C) of subparagraph (i) of this paragraph.//
& //Section 1. Repeal
& Section 15-994, Arizona Revised Statutes, is repealed.//
& //Sec. 3. Section 15-971, Arizona Revised Statutes, is amended to read:
& 15-971. Determination of equalization assistance payments for school districts
& A. Equalization assistance for education is computed by determining the total of the following:
& 1. The lesser of a school district's revenue control limit or district support level as determined in section 15-947 or 15-951.
& 2. The capital outlay revenue limit of a school district as determined in section 15-951 or 15-961.
& 3. The soft capital allocation of a school district as determined in section 15-951 or 15-962.
& B. From the total of the amounts determined in subsection A of this section subtract:
& 1. The amount that would be produced by levying the applicable qualifying tax rate determined pursuant to section 41-1276 for a high school district or a common school district within a high school district which does not offer instruction in high school subjects as provided in section 15-447.
& 2. The amount that would be produced by levying the applicable qualifying tax rate determined pursuant to section 41-1276 for a unified school district, a common school district not within a high school district or a common school district within a high school district which offers instruction in high school subjects as provided in section 15-447. The qualifying tax rate shall be applied in the following manner:
& (a) For the purposes of the amount determined in subsection A, paragraph 1 of this section:
& (i) Determine separately the percentage that the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and the weighted student count in grades nine through twelve is to the weighted student count determined in subtotal A as provided in section 15-943, paragraph 2, subdivision (a).
& (ii) Apply the percentages determined in item (i) to the amount determined in subsection A, paragraph 1 of this section.
& (b) For the purposes of the amounts determined in subsection A, paragraphs 2 and 3 of this section, determine separately the amount of the capital outlay revenue limit and the amount of the soft capital allocation attributable to the student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and grades nine through twelve.
& (c) From the amounts determined in subdivisions (a) and (b) subtract the levy which would be produced by the current qualifying tax rate for a high school district or a common school district within a high school district that does not offer instruction in high school subjects as provided in section 15-447. If the qualifying tax rate generates a levy which is in excess of the total determined in subsection A of this section, the school district shall not be eligible for equalization assistance. In this subsection, "assessed valuation" includes the values used to determine voluntary contributions collected pursuant to title 9, chapter 4, article 3 and title 48, chapter 1, article 8.
& 3. The amount that would be produced by levying a qualifying tax rate in a joint vocational and technological education district, which shall be five cents per one hundred dollars assessed valuation unless the legislature sets a lower rate by law.
& 4. The amount of government property lease excise tax monies that were WAS distributed to the district pursuant to section 42-6205 during the preceding fiscal year.
& ++C. County aid for equalization assistance for education shall be computed as follows:
& 1. Determine the total equalization assistance for all school districts in the county as provided in subsections A and B of this section.
& 2. Determine the total amount of state equalization assistance collected for all school districts in the county as provided in section 15-994.
& 3. Divide the amount determined in paragraph 2 of this subsection by the amount determined in paragraph 1 of this subsection.
& 4. Multiply the amount determined in subsections A and B of this section by the quotient determined in paragraph 3 of this subsection for each school district.
& 5. The amount determined in paragraph 4 of this subsection shall be the county aid for equalization assistance for education for a school district.
& D. State aid for equalization assistance for education for a school district shall be computed as follows:
& 1. Determine the equalization assistance for education for a school district as provided in subsections A and B of this section.
& 2. For each county, determine the levy that would be produced by the state equalization assistance property tax rate prescribed in section 15-994, subsection A.
& 3. Prorate the amount determined in paragraph 2 of this subsection to each school district in the county as prescribed by subsection C of this section.
& 4. Subtract the amount determined in paragraph 3 of this subsection from the amount determined in paragraph 1 of this subsection.
& E.++ C. Equalization assistance for education shall be paid from appropriations for that purpose to the school districts as provided in section 15-973.
& ++F.++ D. A school district shall report expenditures on approved career and technical education and vocational education programs in the annual financial report according to uniform guidelines prescribed by the uniform system of financial records and in order to facilitate compliance with sections 15-255 and 15-904.
& ++G.++ E. The additional weight for state aid purposes given to special education as provided in section 15-943 shall be given to school districts only if special education programs comply with ++the provisions of++ chapter 7, article 4 of this title and the conditions and standards prescribed by the superintendent of public instruction pursuant to rules of the state board of education for pupil identification and placement pursuant to sections 15-766 and 15-767.
& ++H.++ F. In addition to general fund appropriations, all amounts received pursuant to section 37-521, subsection B, paragraph 3 and section 42-5029, subsection E, paragraph 5 and from any other source for the purposes of this section are appropriated for state aid to schools as provided in this section.
& ++I.++ G. The total amount of state monies that may be spent in any fiscal year for state equalization assistance shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.//
~1) The underlying purpose(s) of the legislation and the principle statute(s) that the legislator must supplement, delete, or amend in order to achieve that purpose;
~1) How the statute will appear once it becomes law;
~1) Secondary statutes that affect the principle statute being addressed by the legislation, if applicable;
~1) How these secondary statutes can be amended in order to accommodate the new statute or amendments to the principle existing statute, if applicable; and
~1) The effective date of the legislation.
Some legislatures will also include a section detailing the intent of the legislature, but this is either not encoded in state law or doesn't carry any legal weight, and we typically don't cover this due to the partisan nature it typically assumes.
& //SECTION 1. That Chapter 43, Title 33, Idaho Code, be, and the same is hereby amended by the addition hereto of a NEW SECTION, to be known and designated as Section 334316, Idaho Code, and to read as follows://
& //Section 1. Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law is REPEALED.//
& //Section 1. Section 29-121, Reissue Revised Statutes of Nebraska, is amended to read://
& //Section 1. Section 29-121, Reissue Revised Statutes of Nebraska, is amended to read:
&
& 29-121 No person shall be prosecuted for any crime based solely upon the act of leaving a child __thirty days old or younger__ in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.//
& //Section 1. Section 13-3603.01, Arizona Revised Statutes, is amended to read:
& 13-3603.01. Partial-birth abortions; classification; civil action; definitions
& A. ++A person++ ANY PHYSICIAN who knowingly performs a partial-birth abortion and ++who++ THEREBY kills a human fetus is guilty of a class ++6++ 5 felony....//
& //.... E. For the purposes of this section:
&
& 1. "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery DOES BOTH OF THE FOLLOWING:
&
& (a) DELIBERATELY AND INTENTIONALLY VAGINALLY DELIVERS A LIVING FETUS UNTIL, IN THE CASE OF A HEADFIRST PRESENTATION, THE ENTIRE FETAL HEAD IS OUTSIDE THE BODY OF THE MOTHER OR, IN THE CASE OF BREECH PRESENTATION, ANY PART OF THE FETAL TRUNK PAST THE NAVAL IS OUTSIDE THE BODY OF THE MOTHER FOR THE PURPOSE OF PERFORMING AN OVERT ACT THAT THE PERSON KNOWS WILL KILL THE PARTIALLY DELIVERED LIVING FETUS.
&
& (b) PERFORMS THE OVERT ACT, OTHER THAN COMPLETION OF DELIVERY, THAT KILLS THE PARTIALLY DELIVERED LIVING FETUS....//
& //1. "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within three years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within three years, who has not reached the age of [forty] FIFTY years, who has not previously been convicted of a felony upon which an indeterminate or determinate term of imprisonment was imposed and who was between the ages of sixteen and [forty] FIFTY years at the time of commission of the crime upon which his or her present sentence was based except, however, an eligible inmate shall not include a person sentenced [to a determinate sentence of three and one-half years or more] as a second felony drug offender pursuant to subdivision [three] FOUR of section 70.70 of the penal law for a conviction of a class B felony offense defined in article two hundred twenty of the penal law. Notwithstanding the foregoing, no person who is convicted of any of the following crimes shall be deemed eligible to participate in this program: (a) a violent felony offense as defined in article seventy of the penal law, (b) an A-I felony offense, (c) [manslaughter in the second degree, vehicular manslaughter in the second degree, vehicular manslaughter in the first degree, and criminally negligent] ANY homicide OFFENSE as defined in article one hundred twenty-five of the penal law, (d) [rape in the second degree, rape in the third degree, criminal sexual act in the second degree, criminal sexual act in the third degree, attempted sexual abuse in the first degree, attempted rape in the second degree and attempted criminal sexual act in the second degree] ANY FELONY SEX OFFENSE as defined in [articles one hundred ten and] ARTICLE one hundred thirty of the penal law and (e) any escape or absconding offense as defined in article two hundred five of the penal law.//
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, it also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers //all// felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of //any// homicide offense or //any// sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.
& //Section 1. Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law is REPEALED.
& § 2. This act shall take effect immediately. //
The text of the existing law is not provided to tell us what "Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law" is dealing with. Therefore, you will have to locate that section of the code on their website, where you'll find that this subsection of the law reads:
& //.... (vi) For purposes of subclause (I) of clause (C) of subparagraph (i) of this paragraph, a person making sales of tangible personal property or services taxable under this article ("seller") shall be presumed to be soliciting business through an independent contractor or other representative if the seller enters into an agreement with a resident of this state under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link on an Internet website or otherwise, to the seller, if the cumulative gross receipts from sales by the seller to customers in the state who are referred to the seller by all residents with this type of an agreement with the seller is in excess of ten thousand dollars during the preceding four quarterly periods ending on the last day of February, May, August, and November. This presumption may be rebutted by proof that the resident with whom the seller has an agreement did not engage in any solicitation in the state on behalf of the seller that would satisfy the nexus requirement of the United States constitution during the four quarterly periods in question. Nothing in this subparagraph shall be construed to narrow the scope of the terms independent contractor or other representative for purposes of subclause (I) of clause (C) of subparagraph (i) of this paragraph.//
& //Section 1. Repeal
& Section 15-994, Arizona Revised Statutes, is repealed.//
& //Sec. 3. Section 15-971, Arizona Revised Statutes, is amended to read:
& 15-971. Determination of equalization assistance payments for school districts
& A. Equalization assistance for education is computed by determining the total of the following:
& 1. The lesser of a school district's revenue control limit or district support level as determined in section 15-947 or 15-951.
& 2. The capital outlay revenue limit of a school district as determined in section 15-951 or 15-961.
& 3. The soft capital allocation of a school district as determined in section 15-951 or 15-962.
& B. From the total of the amounts determined in subsection A of this section subtract:
& 1. The amount that would be produced by levying the applicable qualifying tax rate determined pursuant to section 41-1276 for a high school district or a common school district within a high school district which does not offer instruction in high school subjects as provided in section 15-447.
& 2. The amount that would be produced by levying the applicable qualifying tax rate determined pursuant to section 41-1276 for a unified school district, a common school district not within a high school district or a common school district within a high school district which offers instruction in high school subjects as provided in section 15-447. The qualifying tax rate shall be applied in the following manner:
& (a) For the purposes of the amount determined in subsection A, paragraph 1 of this section:
& (i) Determine separately the percentage that the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and the weighted student count in grades nine through twelve is to the weighted student count determined in subtotal A as provided in section 15-943, paragraph 2, subdivision (a).
& (ii) Apply the percentages determined in item (i) to the amount determined in subsection A, paragraph 1 of this section.
& (b) For the purposes of the amounts determined in subsection A, paragraphs 2 and 3 of this section, determine separately the amount of the capital outlay revenue limit and the amount of the soft capital allocation attributable to the student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and grades nine through twelve.
& (c) From the amounts determined in subdivisions (a) and (b) subtract the levy which would be produced by the current qualifying tax rate for a high school district or a common school district within a high school district that does not offer instruction in high school subjects as provided in section 15-447. If the qualifying tax rate generates a levy which is in excess of the total determined in subsection A of this section, the school district shall not be eligible for equalization assistance. In this subsection, "assessed valuation" includes the values used to determine voluntary contributions collected pursuant to title 9, chapter 4, article 3 and title 48, chapter 1, article 8.
& 3. The amount that would be produced by levying a qualifying tax rate in a joint vocational and technological education district, which shall be five cents per one hundred dollars assessed valuation unless the legislature sets a lower rate by law.
& 4. The amount of government property lease excise tax monies that were WAS distributed to the district pursuant to section 42-6205 during the preceding fiscal year.
& ++C. County aid for equalization assistance for education shall be computed as follows:
& 1. Determine the total equalization assistance for all school districts in the county as provided in subsections A and B of this section.
& 2. Determine the total amount of state equalization assistance collected for all school districts in the county as provided in section 15-994.
& 3. Divide the amount determined in paragraph 2 of this subsection by the amount determined in paragraph 1 of this subsection.
& 4. Multiply the amount determined in subsections A and B of this section by the quotient determined in paragraph 3 of this subsection for each school district.
& 5. The amount determined in paragraph 4 of this subsection shall be the county aid for equalization assistance for education for a school district.
& D. State aid for equalization assistance for education for a school district shall be computed as follows:
& 1. Determine the equalization assistance for education for a school district as provided in subsections A and B of this section.
& 2. For each county, determine the levy that would be produced by the state equalization assistance property tax rate prescribed in section 15-994, subsection A.
& 3. Prorate the amount determined in paragraph 2 of this subsection to each school district in the county as prescribed by subsection C of this section.
& 4. Subtract the amount determined in paragraph 3 of this subsection from the amount determined in paragraph 1 of this subsection.
& E.++ C. Equalization assistance for education shall be paid from appropriations for that purpose to the school districts as provided in section 15-973.
& ++F.++ D. A school district shall report expenditures on approved career and technical education and vocational education programs in the annual financial report according to uniform guidelines prescribed by the uniform system of financial records and in order to facilitate compliance with sections 15-255 and 15-904.
& ++G.++ E. The additional weight for state aid purposes given to special education as provided in section 15-943 shall be given to school districts only if special education programs comply with ++the provisions of++ chapter 7, article 4 of this title and the conditions and standards prescribed by the superintendent of public instruction pursuant to rules of the state board of education for pupil identification and placement pursuant to sections 15-766 and 15-767.
& ++H.++ F. In addition to general fund appropriations, all amounts received pursuant to section 37-521, subsection B, paragraph 3 and section 42-5029, subsection E, paragraph 5 and from any other source for the purposes of this section are appropriated for state aid to schools as provided in this section.
& ++I.++ G. The total amount of state monies that may be spent in any fiscal year for state equalization assistance shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.//
Deletions:
//SECTION 1. That Chapter 43, Title 33, Idaho Code, be, and the same is hereby amended by the addition hereto of a NEW SECTION, to be known and designated as Section 334316, Idaho Code, and to read as follows://
//Section 1. Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law is REPEALED.//
//Section 1. Section 29-121, Reissue Revised Statutes of Nebraska, is amended to read://
//Section 1. Section 29-121, Reissue Revised Statutes of Nebraska, is amended to read:
29-121 No person shall be prosecuted for any crime based solely upon the act of leaving a child __thirty days old or younger__ in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.//
//Section 1. Section 13-3603.01, Arizona Revised Statutes, is amended to read:
13-3603.01. Partial-birth abortions; classification; civil action; definitions
A. ++A person++ ANY PHYSICIAN who knowingly performs a partial-birth abortion and ++who++ THEREBY kills a human fetus is guilty of a class ++6 ++ 5 felony....//
//.... E. For the purposes of this section:
1. "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery DOES BOTH OF THE FOLLOWING:
(a) DELIBERATELY AND INTENTIONALLY VAGINALLY DELIVERS A LIVING FETUS UNTIL, IN THE CASE OF A HEADFIRST PRESENTATION, THE ENTIRE FETAL HEAD IS OUTSIDE THE BODY OF THE MOTHER OR, IN THE CASE OF BREECH PRESENTATION, ANY PART OF THE FETAL TRUNK PAST THE NAVAL IS OUTSIDE THE BODY OF THE MOTHER FOR THE PURPOSE OF PERFORMING AN OVERT ACT THAT THE PERSON KNOWS WILL KILL THE PARTIALLY DELIVERED LIVING FETUS.
(b) PERFORMS THE OVERT ACT, OTHER THAN COMPLETION OF DELIVERY, THAT KILLS THE PARTIALLY DELIVERED LIVING FETUS....//
//1. "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within three years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within three years, who has not reached the age of [forty] FIFTY years, who has not previously been convicted of a felony upon which an indeterminate or determinate term of imprisonment was imposed and who was between the ages of sixteen and [forty] FIFTY years at the time of commission of the crime upon which his or her present sentence was based except, however, an eligible inmate shall not include a person sentenced [to a determinate sentence of three and one-half years or more] as a second felony drug offender pursuant to subdivision [three] FOUR of section 70.70 of the penal law for a conviction of a class B felony offense defined in article two hundred twenty of the penal law. Notwithstanding the foregoing, no person who is convicted of any of the following crimes shall be deemed eligible to participate in this program: (a) a violent felony offense as defined in article seventy of the penal law, (b) an A-I felony offense, (c) [manslaughter in the second degree, vehicular manslaughter in the second degree, vehicular manslaughter in the first degree, and criminally negligent] ANY homicide OFFENSE as defined in article one hundred twenty-five of the penal law, (d) [rape in the second degree, rape in the third degree, criminal sexual act in the second degree, criminal sexual act in the third degree, attempted sexual abuse in the first degree, attempted rape in the second degree and attempted criminal sexual act in the second degree] ANY FELONY SEX OFFENSE as defined in [articles one hundred ten and] ARTICLE one hundred thirty of the penal law and (e) any escape or absconding offense as defined in article two hundred five of the penal law.
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, it also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers ALL felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of ANY homicide offense or ANY sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.//
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, it also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers ALL felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of ANY homicide offense or ANY sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.
//Section 1. Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law is REPEALED.
§ 2. This act shall take effect immediately. //
The text of the existing law is not provided to tell us what "Subparagraph (vi) of paragraph 8 of subdivision (b) of section 1101 of the tax law" is dealing with. Therefore, you will have to locate that section of the code on their website (we will provide you with the appropriate links) you'll find that this subsection of the law reads:
//.... (vi) For purposes of subclause (I) of clause (C) of subparagraph (i) of this paragraph, a person making sales of tangible personal property or services taxable under this article ("seller") shall be presumed to be soliciting business through an independent contractor or other representative if the seller enters into an agreement with a resident of this state under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link on an Internet website or otherwise, to the seller, if the cumulative gross receipts from sales by the seller to customers in the state who are referred to the seller by all residents with this type of an agreement with the seller is in excess of ten thousand dollars during the preceding four quarterly periods ending on the last day of February, May, August, and November. This presumption may be rebutted by proof that the resident with whom the seller has an agreement did not engage in any solicitation in the state on behalf of the seller that would satisfy the nexus requirement of the United States constitution during the four quarterly periods in question. Nothing in this subparagraph shall be construed to narrow the scope of the terms independent contractor or other representative for purposes of subclause (I) of clause (C) of subparagraph (i) of this paragraph.//
//Section 1. Repeal
Section 15-994, Arizona Revised Statutes, is repealed.//
//Sec. 3. Section 15-971, Arizona Revised Statutes, is amended to read:
15-971. Determination of equalization assistance payments for school districts
A. Equalization assistance for education is computed by determining the total of the following:
1. The lesser of a school district's revenue control limit or district support level as determined in section 15-947 or 15-951.
2. The capital outlay revenue limit of a school district as determined in section 15-951 or 15-961.
3. The soft capital allocation of a school district as determined in section 15-951 or 15-962.
B. From the total of the amounts determined in subsection A of this section subtract:
1. The amount that would be produced by levying the applicable qualifying tax rate determined pursuant to section 41-1276 for a high school district or a common school district within a high school district which does not offer instruction in high school subjects as provided in section 15-447.
2. The amount that would be produced by levying the applicable qualifying tax rate determined pursuant to section 41-1276 for a unified school district, a common school district not within a high school district or a common school district within a high school district which offers instruction in high school subjects as provided in section 15-447. The qualifying tax rate shall be applied in the following manner:
(a) For the purposes of the amount determined in subsection A, paragraph 1 of this section:
(i) Determine separately the percentage that the weighted student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and the weighted student count in grades nine through twelve is to the weighted student count determined in subtotal A as provided in section 15-943, paragraph 2, subdivision (a).
(ii) Apply the percentages determined in item (i) to the amount determined in subsection A, paragraph 1 of this section.
(b) For the purposes of the amounts determined in subsection A, paragraphs 2 and 3 of this section, determine separately the amount of the capital outlay revenue limit and the amount of the soft capital allocation attributable to the student count in preschool programs for children with disabilities, kindergarten programs and grades one through eight and grades nine through twelve.
(c) From the amounts determined in subdivisions (a) and (b) subtract the levy which would be produced by the current qualifying tax rate for a high school district or a common school district within a high school district that does not offer instruction in high school subjects as provided in section 15-447. If the qualifying tax rate generates a levy which is in excess of the total determined in subsection A of this section, the school district shall not be eligible for equalization assistance. In this subsection, "assessed valuation" includes the values used to determine voluntary contributions collected pursuant to title 9, chapter 4, article 3 and title 48, chapter 1, article 8.
3. The amount that would be produced by levying a qualifying tax rate in a joint vocational and technological education district, which shall be five cents per one hundred dollars assessed valuation unless the legislature sets a lower rate by law.
4. The amount of government property lease excise tax monies that were WAS distributed to the district pursuant to section 42-6205 during the preceding fiscal year.
++C. County aid for equalization assistance for education shall be computed as follows:
1. Determine the total equalization assistance for all school districts in the county as provided in subsections A and B of this section.
2. Determine the total amount of state equalization assistance collected for all school districts in the county as provided in section 15-994.
3. Divide the amount determined in paragraph 2 of this subsection by the amount determined in paragraph 1 of this subsection.
4. Multiply the amount determined in subsections A and B of this section by the quotient determined in paragraph 3 of this subsection for each school district.
5. The amount determined in paragraph 4 of this subsection shall be the county aid for equalization assistance for education for a school district.
D. State aid for equalization assistance for education for a school district shall be computed as follows:
1. Determine the equalization assistance for education for a school district as provided in subsections A and B of this section.
2. For each county, determine the levy that would be produced by the state equalization assistance property tax rate prescribed in section 15-994, subsection A.
3. Prorate the amount determined in paragraph 2 of this subsection to each school district in the county as prescribed by subsection C of this section.
4. Subtract the amount determined in paragraph 3 of this subsection from the amount determined in paragraph 1 of this subsection.
E.++ C. Equalization assistance for education shall be paid from appropriations for that purpose to the school districts as provided in section 15-973.
++F.++ D. A school district shall report expenditures on approved career and technical education and vocational education programs in the annual financial report according to uniform guidelines prescribed by the uniform system of financial records and in order to facilitate compliance with sections 15-255 and 15-904.
++G.++ E. The additional weight for state aid purposes given to special education as provided in section 15-943 shall be given to school districts only if special education programs comply with ++the provisions of++ chapter 7, article 4 of this title and the conditions and standards prescribed by the superintendent of public instruction pursuant to rules of the state board of education for pupil identification and placement pursuant to sections 15-766 and 15-767.
++H.++ F. In addition to general fund appropriations, all amounts received pursuant to section 37-521, subsection B, paragraph 3 and section 42-5029, subsection E, paragraph 5 and from any other source for the purposes of this section are appropriated for state aid to schools as provided in this section.
++I.++ G. The total amount of state monies that may be spent in any fiscal year for state equalization assistance shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.//
Additions:
//Section 1. Section 29-121, Reissue Revised Statutes of Nebraska, is amended to read:
29-121 No person shall be prosecuted for any crime based solely upon the act of leaving a child __thirty days old or younger__ in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.//
//Section 1. Section 13-3603.01, Arizona Revised Statutes, is amended to read:
13-3603.01. Partial-birth abortions; classification; civil action; definitions
A. ++A person++ ANY PHYSICIAN who knowingly performs a partial-birth abortion and ++who++ THEREBY kills a human fetus is guilty of a class ++6 ++ 5 felony....//
//.... E. For the purposes of this section:
1. "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery DOES BOTH OF THE FOLLOWING:
(a) DELIBERATELY AND INTENTIONALLY VAGINALLY DELIVERS A LIVING FETUS UNTIL, IN THE CASE OF A HEADFIRST PRESENTATION, THE ENTIRE FETAL HEAD IS OUTSIDE THE BODY OF THE MOTHER OR, IN THE CASE OF BREECH PRESENTATION, ANY PART OF THE FETAL TRUNK PAST THE NAVAL IS OUTSIDE THE BODY OF THE MOTHER FOR THE PURPOSE OF PERFORMING AN OVERT ACT THAT THE PERSON KNOWS WILL KILL THE PARTIALLY DELIVERED LIVING FETUS.
(b) PERFORMS THE OVERT ACT, OTHER THAN COMPLETION OF DELIVERY, THAT KILLS THE PARTIALLY DELIVERED LIVING FETUS....//
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, it also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers ALL felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of ANY homicide offense or ANY sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.//
29-121 No person shall be prosecuted for any crime based solely upon the act of leaving a child __thirty days old or younger__ in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.//
//Section 1. Section 13-3603.01, Arizona Revised Statutes, is amended to read:
13-3603.01. Partial-birth abortions; classification; civil action; definitions
A. ++A person++ ANY PHYSICIAN who knowingly performs a partial-birth abortion and ++who++ THEREBY kills a human fetus is guilty of a class ++6 ++ 5 felony....//
//.... E. For the purposes of this section:
1. "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery DOES BOTH OF THE FOLLOWING:
(a) DELIBERATELY AND INTENTIONALLY VAGINALLY DELIVERS A LIVING FETUS UNTIL, IN THE CASE OF A HEADFIRST PRESENTATION, THE ENTIRE FETAL HEAD IS OUTSIDE THE BODY OF THE MOTHER OR, IN THE CASE OF BREECH PRESENTATION, ANY PART OF THE FETAL TRUNK PAST THE NAVAL IS OUTSIDE THE BODY OF THE MOTHER FOR THE PURPOSE OF PERFORMING AN OVERT ACT THAT THE PERSON KNOWS WILL KILL THE PARTIALLY DELIVERED LIVING FETUS.
(b) PERFORMS THE OVERT ACT, OTHER THAN COMPLETION OF DELIVERY, THAT KILLS THE PARTIALLY DELIVERED LIVING FETUS....//
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, it also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers ALL felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of ANY homicide offense or ANY sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program.//
Deletions:
29-121 No person shall be prosecuted for any crime based solely upon the act of leaving a child __thirty days old or younger__ in the custody of an employee on duty at a hospital licensed by the State of Nebraska. The hospital shall promptly contact appropriate authorities to take custody of the child.//
//Section 1. Section 13-3603.01, Arizona Revised Statutes, is amended to read:
13-3603.01. Partial-birth abortions; classification; civil action; definitions
A. ++A person++ ANY PHYSICIAN who knowingly performs a partial-birth abortion and ++who++ THEREBY kills a human fetus is guilty of a class ++6 ++ 5 felony....//
.... E. For the purposes of this section:
1. "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery DOES BOTH OF THE FOLLOWING:
(a) DELIBERATELY AND INTENTIONALLY VAGINALLY DELIVERS A LIVING FETUS UNTIL, IN THE CASE OF A HEADFIRST PRESENTATION, THE ENTIRE FETAL HEAD IS OUTSIDE THE BODY OF THE MOTHER OR, IN THE CASE OF BREECH PRESENTATION, ANY PART OF THE FETAL TRUNK PAST THE NAVAL IS OUTSIDE THE BODY OF THE MOTHER FOR THE PURPOSE OF PERFORMING AN OVERT ACT THAT THE PERSON KNOWS WILL KILL THE PARTIALLY DELIVERED LIVING FETUS.
(b) PERFORMS THE OVERT ACT, OTHER THAN COMPLETION OF DELIVERY, THAT KILLS THE PARTIALLY DELIVERED LIVING FETUS....
As you can see, the age of an eligible inmate has been increased from 40 to 50 years. In addition, it also relaxes restrictions on drug offenders entering the program: existing law prohibited anyone who was sentenced to 3.5 years or more under subsection 3 of section 70.70 of the penal code, which covers ALL felony drug offenses. The bill amends this section to prohibit only those sentenced under subsection 4 of section 70.70 of the Penal Code, which covers inmates convicted of a second felony drug offense that were previously convicted of a violent felony. However, the relaxing of these restrictions is followed by increased restrictions on other inmates from entering this program. This bill would prohibit inmates convicted of ANY homicide offense or ANY sex offense from entering the program, whereas existing law specified specific crimes under those categories that would eliminate possible candidates for this program. //
