Bill Drafting Manual
The following are excerpts from the New York City Council Bill Drafting Manual, Third Edition (2022), reproduced here because they are the rules this editor applies when it formats, numbers, and lints bill text. This is not the complete manual — only the portions the editor implements. The New York City Council is the source and the sole authority for these rules; where anything here differs from the Council’s manual, the Council’s manual controls. The full document, along with the Council’s legislation, is available from the Council’s legislation page.
Rule 2 The Formal Parts of a Bill
A bill consists of a title, an enacting clause, and a body. The body receives special consideration because it is the most complex.
Rule 2.1 The Title
Every bill and resolution has a title. The title of a bill must “briefly refer to the subject matter,” and both the title and the bill must cover only a single subject. A good title is short and general and need not summarize each incidental provision. It should, however, capture the general purpose of the bill and key mechanisms that will help fulfill the purpose. If the bill repeals any provisions of law, the title must refer to and describe those provisions.
Wait to draft the title until after finishing the rest of the bill, or check the title carefully after completing the bill to make sure that it is complete and not misleading. Double space between “A LOCAL LAW” and the rest of the title, and single space the rest of the title. Do not place a period at the end.
A LOCAL LAW
To amend the New York city charter, in relation to door alarms in school buildings
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to creating an animal abuse registry
A LOCAL LAW
In relation to establishing a temporary task force on post-incarceration reentry for adolescents
When drafting a new, wholly unconsolidated law, do not refer to the Charter or the Administrative Code in the bill title. Also do not underline text beyond the words “Be it enacted by the Council as follows:” except as otherwise specifically provided in the manual.
Rule 2.1.1 Referring to Repeals in a Bill Title
The title of a bill that repeals a provision of law must identify and describe the provision being repealed.
A LOCAL LAW
To amend the New York city charter, in relation to the creation of the department of early childhood development, and to repeal paragraph 4 of subdivision a of section 617 of such charter in relation thereto
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to prohibiting smoking in pedestrian plazas and public parks except for smoking areas within public parks, and to repeal subdivision b of section 17-513 of such code, relating to requiring a study regarding the prevention of second-hand smoke circulation in restaurants
This rule also applies where a bill includes a sunset clause or expiration date for one of its own provisions.
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to the establishment of a task force to study the impact of COVID-19 on small businesses, and to repeal such amendments upon the expiration thereof
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to the open streets program, and to repeal subdivision b of section 19-9901 of such code relating to a report on the open streets program upon the expiration thereof
Rule 2.2 The Enacting Clause
All bills must begin with the statement “Be it enacted by the Council as follows,” which must be underlined and followed by a colon (also underlined) and a paragraph break. This provision distinguishes bills from resolutions and other forms of legislative expression. The enacting clause should immediately follow the bill title. It should not be included in line numbering. Material immediately following the enacting clause is not underlined.
Be it enacted by the Council as follows:
Section 1. Subdivision (e) of section 2203 of the New York city charter, as added by local law number 46 for the year 2013, is amended to read as follows:
Rule 2.3 The Body
The “body” of a bill refers to all of the bill text other than the title and the enacting clause. It also excludes the sponsorship byline, as well as version information at the end of some drafts (i.e., the drafter’s initials, LS request number, and version date). This means the body includes bill sections, bill text, and the effective date.
Rule 3 Bill Sections
The body of every bill consists of one or more “bill sections,” which are a type of unconsolidated law. The phrase “bill section” is a term of art: it refers to the unconsolidated portions of a bill — usually the introductory portions that explain which parts of the Charter or Administrative Code are to be amended or supplemented with new provisions. The phrase does not refer to the consolidated text being added or amended by the bill.
Number bill sections consecutively using the section symbol (§), followed by a space, followed by a numeral (1, 2, 3, etc.), followed by a period. Spell out the word “Section” for the first bill section only. The unconsolidated text in bill sections should not be underlined.
Section 1. ___
§ 2. ___
§ 3. ___
Following the bill section number, any proposal to amend, repeal, or redesignate any part of the Charter or Administrative Code must cite the full title of the body of law being amended, repealed, or redesignated, using the capitalization conventions discussed in Rule 11.2.
Section 1. Section 5 of the New York city charter is amended to read as follows:
Section 1. Section 1-102 of the administrative code of the city of New York is amended to read as follows:
If a bill seeks to amend or repeal an unconsolidated law, it should refer to the law by its local law number and year of adoption, using the phrasing “local law number __ for the year ____.”
Section 1. Sections 3, 4, 5, 6, 7, 8 and 9 of local law number 141 for the year 2013 are REPEALED.
§ 2. Section 3 of local law number 41 for the year 2012 is amended to read as follows:
Note the difference in phrasing when the bill would amend existing provisions as opposed to when it would add new provisions without amending existing text.
Section 1. Paragraph 2 of subdivision m of section 27-2115 of the administrative code of the city of New York, as amended by local law number 47 for the year 2014, is amended to read as follows:
Section 1. Chapter 2 of title 4 of the administrative code of the city of New York is amended by adding a new section 4-207.2 to read as follows:
Rule 3.1 Legislative History in Bill Sections
Whenever a bill section amends an existing provision of law, it should include a reference to the last law that amended that provision. This reference is known as the recital of legislative history, or simply the legislative history. As used in this manual, the phrase refers to the amendment history of a specified provision of law — not to committee reports, hearing transcripts, or other documents.
The legislative history set forth in bill sections serves important institutional functions and should not be ignored. It helps lawyers, courts, legislatures, and researchers trace the history of a particular provision, and it helps publishers make sure that any new amendments are correctly applied to the most recent version of a provision.
Rule 3.1.1 General Guidance for Legislative History
The Administrative Code was recodified by the State Legislature in chapter 907 of the Laws of 1985. When citing legislative history in a bill section amending the Administrative Code, it is unnecessary to cite to chapter 907 or any history that precedes chapter 907. Similarly, when citing legislative history in a bill section amending the Charter, it is unnecessary to cite to any history that precedes the 1963 Charter.
In general, if a provision of consolidated law to be amended has been added to the Charter or Administrative Code or has been redesignated or amended, the bill section should state the local law number and year of the last local law adding, redesignating, or amending it, as the case may be.
Carefully trace the legislative history of each provision being amended. In some cases the State Legislature might have added, redesignated, or amended the text directly. In those situations, first conduct legal research to make sure the City has authority to amend, redesignate, or repeal the law, and make sure to specify the chapter and year of the state law in the recital of legislative history.
Section 27-2018.1 of the administrative code of the city of New York, as added by chapter 477 of the laws of 2010, is amended to read as follows:
Section 13-351 of the administrative code of the city of New York, as amended by chapter 712 of the laws of 2006, is amended to read as follows:
Rule 3.1.2 Provision to Be Amended Was in 1963 Charter or in 1985 Administrative Code
If the provision to be amended is part of the Charter of 1963 or the Administrative Code of 1985 and has not subsequently been redesignated or amended, state only the identifying number or letter of that provision without including a recital of legislative history.
Section 1-103 of the administrative code of the city of New York is amended to read as follows:
The administrative code of the city of New York is amended by adding a new title 30 to read as follows:
Rule 3.1.3 Provision to Be Amended Was Added
If the provision to be amended was added after the Charter of 1963 or the Administrative Code of 1985 and has not been amended or redesignated since its addition, state the number and year of the local law or the chapter and year of the state law by which it was added.
Section 24-908 of the administrative code of the city of New York, as added by local law number 27 for the year 2009, is amended to read as follows:
Paragraph 7 of subdivision b of section 556 of the New York city charter, as added by a vote of the electors on November 6, 2001, is amended to read as follows:
Rule 3.1.4 Provision to Be Amended Was Added Then Amended
If the provision to be amended has been amended already, include only the number and year of the local law or the chapter and year of the state law that last amended that portion, but do not include the law that added that provision.
Paragraph 4 of subdivision a of section 27-2004 of the administrative code of the city of New York, as amended by local law number 8 for the year 2008, is amended to read as follows:
Rule 3.1.5 Provision to Be Amended Was Added Then Redesignated
If the provision to be amended was added after the Charter of 1963 or the Administrative Code of 1985, and it subsequently was redesignated without amendment, state not only the number and year of the local law or the chapter and year of the state law that added the provision, but also the number and year of the local law or the chapter and year of the state law that redesignated the provision. This scenario is atypical because two different laws must be listed in the legislative history.
Section 10-168 of the administrative code of the city of New York, as added by local law number 20 for the year 2007 and redesignated by local law number 30 for the year 2013, is amended to read as follows:
Subparagraph (b) of paragraph 1 of subdivision d of section 1049-a of the New York city charter, as added by chapter 944 of the laws of 1984 and redesignated by local law number 35 for the year 2008, is amended to read as follows:
Rule 3.1.6 Provision to Be Amended Was Amended Then Redesignated
If the provision to be amended was previously amended and then later redesignated without substantive amendment, state not only the number and year of the local law or the chapter and year of the state law that last amended the portion, but also the number and year of the local law or the chapter and year of the state law that redesignated the provision. As with the previous scenario, this scenario is atypical because two different laws must be listed in the legislative history.
Section 21-310 of the administrative code of the city of New York, as amended by local law number 75 for the year 1995 and redesignated by local law number 19 for the year 1999, is amended to read as follows:
Rule 3.1.7 Provision to Be Amended Was Redesignated Then Amended
If the provision to be amended was redesignated and subsequently amended, state only the number and year of the local law or the chapter and year of the state law that amended the relevant portion. Do not refer to the earlier law that redesignated it.
Subdivision e of section 21-312 of the administrative code of the city of New York, as amended by local law number 22 for the year 2002, is amended to read as follows:
Rule 3.1.8 Provision Is to Be Added Only
If new provisions are to be added to existing law without further amending the existing law, do not include legislative history. This rule is frequently applicable, as many bills simply involve adding a new provision to a section, chapter, etc.
Subdivision c of section 16-119 of the administrative code of the city of New York is amended by adding a new paragraph 4 to read as follows:
Rule 3.1.9 Provision Is to Be Redesignated Only
If a provision of existing law is to be redesignated without amendment and without setting forth the text of the provision to be redesignated, do not include legislative history.
Section 10-165 of the administrative code of the city of New York is redesignated section 10-169.
If a provision is redesignated and also amended at the same time, treat the change as an amendment rather than a redesignation and apply the applicable rules for amendments above.
Exception: If a provision to be redesignated has the same section number as another provision (i.e., the two are duplicative), it may be necessary to include a recital of legislative history in order to distinguish between them. The same principle applies in cases of duplicative subdivision letters, chapter numbers, etc.
§ 2. Section 45-1032, as added by local law number 342 for the year 2021, is redesignated section 45-1033.
Rule 3.1.10 Provision Is to Be Repealed
If a provision of existing law is being repealed, do not include legislative history.
§ 3. Section 35-2101 of the administrative code of the city of New York is REPEALED.
Rule 3.1.11 Referring to Unamended Provisions in Previously Amended Text
Treat a provision as having been amended if it was printed in a law as part of a larger amendment, even if no change was made to the specific provision itself. For example, if Local Law 1 includes the text of an entire section, which has three subdivisions, but the law amends only subdivisions a and c and not subdivision b, and Local Law 2 later amends subdivision b, then Local Law 2 should state in its legislative history that subdivision b was amended by Local Law 1 even though Local Law 1 did not change the text of subdivision b.
Similarly, provide the legislative history for each provision printed in the bill text that has a unique legislative history. In other words, note when the legislative history for a provision differs from the legislative history for other provisions. Doing so will provide an unbroken chain of amendments over time.
In the first example below, the bill amends paragraph 2 of subdivision a and the drafter has also printed paragraph 1 for context, even though paragraph 1 is not being modified. Each paragraph has a unique legislative history, so the legislative history for each is included.
§ 2. Subdivision a of section 57-198 of the administrative code of the city of New York, subdivision a and paragraph 1 of such subdivision as amended by local law number 82 for the year 2004 and paragraph 2 of such subdivision as amended by local law number 14 for the year 2012, is amended to read as follows:
a. It is unlawful for any person to:
1. Park a motor vehicle in a crosswalk; or
2. Park a motor vehicle within five 10 feet of a crosswalk.
In the second example, only subdivision b has a legislative history distinct from the rest of the section. As such, the legislative history for the section is provided, and subdivision-specific legislative history is provided only for subdivision b.
§ 2. Section 41-114 of the administrative code of the city of New York, as amended by local law number 21 for the year 2009 and subdivision b of such section as amended by local law number 69 for the year 2015, is amended to read as follows:
To give yet another example, if amending paragraphs 6 and 8 of a subdivision and including paragraph 7 in the bill for context, include paragraph 7’s legislative history in the bill section as well.
Rule 3.4 Distributing Amendments Among Bill Sections
A drafter has significant discretion when deciding whether to amend non-consecutive provisions of the Charter or Administrative Code within the same bill section or in separate bill sections. The following rules lay out available options.
Rule 3.4.1 Amending Non-Consecutive Provisions in a Single Bill Section by Including Intervening Material
A drafter may amend non-consecutive provisions in a single bill section by also including the text of intervening provisions that are not being amended. This option might be appropriate when the intervening material is brief and provides valuable context. In the example that follows, subdivision b is included for clarity, even though the only changes are to subdivisions a and c.
§ 2. Section 44-232 of the administrative code of the city of New York, as amended by local law number 733 for the year 1992, is amended to read as follows:
§ 44-232 Construction. a. This subchapter article does not affect the rights, powers or duties of the commissioner pursuant to any other provision of law.
b. This article does not require payment of salary to an employee who has been terminated, suspended or otherwise separated from service by reason of death, retirement or any other cause.
c. A decision as to eligibility for benefits pursuant to this section shall not be is not binding on the medical board or the board of trustees of any pension fund in the determination of eligibility for an accident disability or accidental death benefit.
Rule 3.4.2 Amending Non-Consecutive Provisions in Separate Bill Sections
A drafter may amend non-consecutive provisions by putting them in separate bill sections. This method may be more appropriate than the method in Rule 3.4.1 when the provisions being amended are unrelated or when intervening material is lengthy or irrelevant. The following example amends section 44-1234 by setting forth amendments to subdivisions a and c in separate bill sections, omitting subdivision b, which will not be amended.
§ 2. Subdivision a of section 44-1234 of the administrative code of the city of New York, as added by local law number 519 for the year 2013, is amended to read as follows:
a. Vehicle use is prohibited in parks on Wednesdays.
§ 3. Subdivision c of section 44-1234 of the administrative code of the city of New York, as added by local law number 519 for the year 2013, is amended to read as follows:
c. The department commissioner shall submit an annual report to the council and to the mayor that it the commissioner shall also post on its the department’s website. . . .
Rule 4.2 Sections
The section is the basic organizational unit of both the Charter and the Administrative Code. Sections should conform to the rules set forth below.
Rule 4.2.1 Section Heading
In both the Charter and the Administrative Code, provide a heading for each section. The heading should follow the section number and should be succinct but descriptive of the section’s function.
Write this
§ 6-116.2 Data control. a. The comptroller and the mayor shall jointly maintain, at the financial information services industry, a computerized database.
Not this
§ 6-116.2 a. The comptroller and the mayor shall jointly maintain, at the financial information services industry, a computerized database.
Rule 4.2.2 Period After Section Number
Due to style differences in the original Charter and Administrative Code, the rule concerning periods after section numbers differs depending on which is being amended.
In the Charter, put a period after both the section number and the section heading.
§ 5. Annual statement to council.
§ 102. Expense budget borough allocations.
In the Administrative Code, put a period only after the section heading. Do not put a period between the section number and the section heading.
§ 20-291 Definition.
§ 9-104 Transfer of incarcerated persons by commissioner of correction.
Rule 4.2.3 Section Number
The Administrative Code uses a compound section numbering system. The digits to the left of the hyphen indicate the number of the title in which the section appears (e.g., title 24), and the digits to the right indicate the section number within that title (e.g., 105). When referring to a section number of the Administrative Code, use the entire designation, including the title number (e.g., § 24-105). The Charter does not contain multiple titles and does not use a compound section numbering system. Include the section number but not the chapter number (e.g., § 28).
When adding sections between existing consecutively numbered sections in the Administrative Code, use decimals to avoid having to redesignate the sections that follow.
§ 25-105 (existing section)
§ 25-105.1 (new section)
§ 25-105.2 (new section)
. . .
§ 25-105.11 (new section)
§ 25-106 (existing section)
In contrast, when adding sections between existing consecutively numbered sections in the Charter, use a hyphenated letter to avoid having to redesignate the sections that follow.
§ 28. (existing section)
§ 28-a. (new section)
§ 28-b. (new section)
§ 29. (existing section)
Particularly in the Administrative Code, when beginning a new chapter, subchapter, article, or other major division, the general rule is to make the first section in the division end in a one (1) rather than a zero (0). For example, the first section in a new chapter 5 of title 77 ideally would be section 77-5001 rather than section 77-5000. Another consideration is to leave some space at the end of the previous division so that more sections can be added there at a future date if necessary — ideally by starting at the next “01” or “51.”
Rule 4.3 Subdivisions of Sections (and Below)
Over time, the use of numbers and letters, as well as periods and parentheses, has been inconsistent when designating divisions within sections in both the Charter and the Administrative Code. In most cases, when amending existing sections, conform the bill to the original designations used in the section to avoid confusion, even if they differ from the approach laid out in this rule.
When adding new sections, however, or recodifying sections, use the following subunit designators:
Section
a. Subdivision (lowercase letter followed by a period)
1. Paragraph (numeral followed by a period)
(a) Subparagraph (lowercase letter in parentheses)
(1) Clause (numeral in parentheses)
(A) Item (capital letter in parentheses)
Avoid drafting below the item level. If adding a new section to a chapter, subchapter, or article that has an internally consistent designation system different from the outline above, consider adhering to that preexisting structure for the new section to maintain internal consistency.
Headings may also be appropriate below the section level. Headings help readers make sense of longer sections, particularly those with many subdivisions. When employed, headings should be used consistently for all subdivisions in the same section. Do not divide a unit into subunits unless there are at least two subunits: to have a subdivision a, there also must be a subdivision b.
§ 39-504 Vehicles in parks prohibited. a. Definition. For purposes of this section, the term “vehicle” does not include a personal mobility device when operated by a person with a disability.
b. Prohibition. No person shall operate a vehicle in a park.
c. Violation. A violation of this section is a misdemeanor.
Rule 4.3.2 Special Rule for Lists
When enumerating a list that follows lead-in language, a drafter has two primary options for designating the list items. In the first option, if the lead-in language does not have its own designation (for example, if there will not be multiple subdivisions in the section), skip a level in designating the list items in order to allow for amendment later without requiring renumbering.
Write this
§ 36-1984 Prohibited plants. The following species of plant are prohibited for any purpose set forth in section 36-1983:
1. Acer pseudoplatanus;
2. Cirsium arvense;
3. Cynanchum louiseae . . . .
Not this
§ 36-1984 Prohibited plants. The following species of plant are prohibited for any purpose set forth in section 36-1983:
a. Acer pseudoplatanus;
b. Cirsium arvense;
c. Cynanchum louiseae . . . .
In the second option, the drafter can ensure that there are two or more subdivisions at the same level as the lead-in language. Simply having a subdivision a without a subdivision b should be avoided, as it can cause confusion about whether additional provisions are missing.
Write this
§ 36-1984 Prohibited plants. a. The following species of plant are prohibited:
1. Acer pseudoplatanus;
2. Cirsium arvense;
3. Cynanchum louiseae . . . .
b. A species of plant set forth in subdivision a of this section is prohibited for any purpose set forth in section 36-1983.
Not this
§ 36-1984 Prohibited plants. a. The following species of plant are prohibited:
1. Acer pseudoplatanus;
2. Cirsium arvense;
3. Cynanchum louiseae . . . .
Rule 4.3.4 Referring to Subunits in Bill Sections and Bill Text
When referring to subunits in bill sections and bill text, use parentheses if the subunit designator itself is in parentheses in the text being referred to. However, if the designator is followed by a period (e.g., “3.”), do not include the period in the reference.
subparagraph (b) of paragraph 3 of subdivision a of this section
item (A) of clause (1) of subparagraph (a) of paragraph 1 of subdivision a of section 21-2430
Rule 5 Referring to Other Laws
The following are rules for cross-referencing provisions outside the portion of law being amended.
Rule 5.1.1 Referring to a Section in the Same Body of Consolidated Law
When referring to a different section of the same body of law, refer to the section number without further elaboration. It is usually unnecessary to include references to higher-level divisions, such as “of this chapter” or “of this code,” because each section number is unique.
A complaint filed pursuant to section 8-109 may be withdrawn . . .
Rule 5.1.2 Referring to a Section in a Different Body of Consolidated Law
When a provision to be added to the Administrative Code refers to a provision of the Charter, include the Charter section number and the words “of the charter.” Do not use the full title (“New York city charter”) in such a cross-reference, as “charter” is a defined term that applies throughout the Administrative Code. Likewise, when a provision to be added to the Charter refers to a provision in the Administrative Code, include the entire hyphenated section number and the words “of the administrative code.”
. . . subject to section 197-c of the charter.
. . . as provided in section 20-291 of the administrative code.
Rule 5.1.3 Referring to Provisions below the Section Level
When referring to a provision on a lower hierarchical level than a section (i.e., a subdivision, paragraph, subparagraph, clause, or item), include enough information to establish the location of that provision in relation to the referencing provision. Do so either by including references up the hierarchical chain to the section number (e.g., “subparagraph (b) of paragraph 1 of subdivision b of this section”) or by establishing a common location for the referencing unit (e.g., “subparagraph (b) of this paragraph”). When referring to a subunit of a different section, the chain of references ends with the section number.
1. An owner who complies with the requirements of this paragraph is not subject to the penalty set forth in paragraph 2 of this subdivision.
b. Any such person shall pay into an annuity savings fund in the manner provided in clause (2) of subparagraph (a) of paragraph 2 of subdivision a of this section.
Write this
It is unlawful for any person to fail to make a good faith effort to comply with subdivision c of section 17-507.
Not this
It is unlawful for any person to fail to make a good faith effort to comply with section 17-507(c).
It is unlawful for any person to fail to make a good faith effort to comply with subdivision c of section 17-507 of this chapter.
Rule 5.1.4 Referring to Charter or Administrative Code in Unconsolidated Law
When drafting an unconsolidated law that refers to a provision of the Charter or the Administrative Code, include the entire title of the body of law. This rule is in contrast to Rule 5.1.2 because the terms “charter” and “administrative code” are not specially defined as standalone terms for unconsolidated law.
. . . as defined in section 17-101 of the administrative code of the city of New York.
. . . subject to the requirements of section 1049-a of the New York city charter.
Rule 5.1.5 Referring to a Defined Term
Referring to an undesignated definition is usually a matter of referring to the section or other designated provision that contains the definition.
The definition of “customer satisfaction survey” in subdivision a of section 23-306 of the administrative code of the city of New York, as added by local law number 26 for the year 2021, is amended to read as follows:
Rule 5.2 Referring to New York City Rules
If referring to the Rules of the City of New York, bear in mind that agencies may redesignate rules, rendering references in the Charter or Administrative Code obsolete and potentially misleading. To mitigate this effect, briefly describe the topic of the rules and expressly include successor rules.
section 5-04 of title 24 of the rules of the city of New York, regarding dog licenses, or a successor provision
chapter 12 of title 15 of the rules of the city of New York, regarding dry cleaning facilities, or a successor provision
Rule 5.3 Referring to State Statutes
When referring to state statutes, follow the general rules described in Rule 5.1.2 and include the title of the body of state law in which the section number being referred to appears. Note the rules on capitalization in Rule 11.2.
section 33-1005 of the environmental conservation law
paragraph (g) of subdivision 18 of section 2575 of the education law
subdivision 3 of section 235.00 of the penal law
When referring to a state bill in a local law — a rare occurrence and perhaps only likely to occur in an effective date section — write it as follows: A.9182/S.7337 (note the period and the absence of spaces around the slash). Insert a hyphen after the bill number and before the letter to indicate an amended version (e.g., A.1215-A).
Rule 5.4 Referring to State Rules and Regulations
As with local rules, mitigate the effects of amendments to state regulations by referencing the subject of the regulation being cited and including successor language.
section 10.1 of title 8 of the New York codes, rules and regulations, regarding the state library and state museum, or a successor provision
chapter I of title 8 of the New York codes, rules and regulations, regarding the board of regents, or a successor provision
Rule 5.5 Referring to Federal Statutes
When referring to federal statutes, provide the U.S. Code citation if one is available. References to subunits of federal law are slightly different from those used for New York state and local laws (section, (a) subsection, (1) paragraph, (A) subparagraph, (i) clause, (I) subclause). If a provision has not been codified in the U.S. Code, refer to the short title if the law has a short title, or if not, to the public law number.
subsection (b) of section 505 of title 10 of the United States code
paragraph (1) of subsection (a) of section 1028 of title 18 of the United States code
Rule 5.6 Referring to Federal Regulations
The following examples demonstrate how to cite to the Code of Federal Regulations (“CFR”).
section 417.109 of title 14 of the code of federal regulations, regarding ground safety for aircraft, or a successor provision
subtitle B of title 29 of the code of federal regulations, regarding regulation of labor, or a successor provision
Rule 6 The Effective Date
Local laws include a provision explicitly stating when they will take effect. The effective date provision is part of the body of the bill: it is the last bill section and is unconsolidated. Choose the effective date carefully. In some instances, state law requires a certain delay. In other cases, delay should be built in even if it is not mandatory — for example, if a bill would impose new duties on a city agency, the effective date should give the agency time to prepare to administer the new law or to perform the new duties.
Rule 6.1 How to Phrase an Effective Date
When drafting an effective date, use the standard phrasing in the example below. Use “takes effect” rather than “shall take effect,” and use “after it becomes law” instead of “after its enactment” or “after its enactment into law.”
Write this
This local law takes effect 120 days after it becomes law.
Not this
This local law shall take effect in 120 days.
This local law shall take effect 120 days after its enactment.
This local law shall take effect 120 days after its enactment into law.
Rule 6.2 Effective ___ Days after It Becomes Law
A common way of phrasing an effective date is to make the bill take effect a specified number of days after it becomes law.
§ 2. This local law takes effect 30 days after it becomes law.
Where rulemaking is required (6.2.1): if a bill will require or benefit from agency rulemaking, allow at least 120 days before the bill takes effect. This timeframe generally allows sufficient time for the agency to satisfy the requirements of the City Administrative Procedure Act (CAPA), although additional time may be needed if the bill has complex requirements. Pursuant to Charter section 1043(a)(2), agencies have authorization to begin the rulemaking process for a law that has been adopted even before its effective date, so it is unnecessary to include language authorizing such pre-effective date actions. If the intent is to require pre-effective date rulemaking or to prohibit it, special language should be included to that effect along with the effective date.
§ 2. This local law takes effect 180 days after it becomes law, except that the administering agency, as defined in section 3-115 of the administrative code of the city of New York as added by section one of this local law, shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.
Where rulemaking is not required (6.2.2): choose an effective date that makes sense for the particular bill — for example, 30 days, 60 days, 90 days, 180 days, 1 year, 2 years, etc., from the date the bill becomes law.
§ 2. This local law takes effect 1 year after it becomes law.
Rule 6.3 Effective On a Date Certain
Making a local law effective on a specified date certain provides clarity, but it can be hard to choose an appropriate date early in the drafting process. Consequently, it is usually better to use a relative date (e.g., “30 days after it becomes law”) for initial drafts instead, converting to a date certain when making final amendments to a bill for passage. If using a date certain, monitor the likely date the bill will be adopted and update the effective date if necessary.
§ 3. This local law takes effect March 1, 2016.
§ 2. This local law takes effect on the first of November next succeeding the date on which it becomes law.
Rule 6.4 Effective Immediately
A bill may be made effective immediately if none of the above considerations applies and there are no rulemaking requirements, due process considerations, or other actions required to implement the new law.
§ 7. This local law takes effect immediately.
Note that even if a local law states that it takes effect immediately, per state law it cannot become effective until it has become law and has been filed with the Secretary of State. When this disparity may cause confusion — for example, if the effective date affects when arrests may be made or penalties may be imposed — it may be better to have the bill take effect after some minimal amount of time that is clear on its face (for example, “30 days after it becomes law”).
Rule 8 Numbers
Notwithstanding the rules in this chapter, amendments generally should follow the style and form already in use in the section to be amended.
Rule 8.1 Summary: Using Numerals or Spelling Out Numbers
Use numerals (1, 2, etc.) by default in all consolidated and unconsolidated law, unless an exception applies.
Spell out numbers (one, two, etc.):
- At the beginning of a sentence
- Used as ordinals (first, second, etc.)
- In fractions and mixed numbers, except in technical tables
- When enumerating in a bill section how many provisions a bill is adding
- When cross-referencing unconsolidated bill sections in the same bill
- Optional: the number zero and very large numbers (1 million, etc.)
Rule 8.2 Use Numerals by Default
Unless an exception applies, use numerals by default to express numbers in all consolidated law, unconsolidated law, and bill titles. Use numerals for all dates, including dates certain in effective dates, and for cross-references to other provisions (except cross-references to bill sections within the same bill).
3 little kittens
9 lives
10 feet long
101 Dalmatians
1,000 feet
section 344-c of the education law
chapter 1 of title 17 of the administrative code of the city of New York
paragraph 1 of subdivision a of section 43 of the New York city charter
Write this
This local law takes effect on October 1, 2024.
Not this
This local law takes effect on October first, two thousand twenty-four.
This local law takes effect on October first, 2024.
This local law takes effect on October 1st, 2024.
Rule 8.3.2 Spell Out Ordinals
Spell out ordinals (e.g., first, second, third). Remember, pursuant to Rule 8.2.1, not to use ordinals in dates.
Write this
The fourth council district is defined as follows:
The second unnumbered paragraph . . .
Not this
The 4th council district is defined as follows:
The 2nd unnumbered paragraph . . .
Rule 8.3.4 Spell Out References to Bill Sections in the Same Bill
Spell out numbers in cross-references to unconsolidated bill sections in the same bill. Do not spell out numbers in cross-references to unconsolidated bill sections in a different bill or law.
Write this
This local law takes effect 90 days after it becomes law, except that section 99-1234 of the administrative code of the city of New York, as amended by section four of this local law, takes effect immediately.
Not this
This local law takes effect 90 days after it becomes law, except that section 99-1234 of the administrative code of the city of New York, as amended by section 4 of this local law, takes effect immediately.
Rule 11.1 Indicating Deletions and Additions
When amending existing law, place brackets around the language to be deleted and underline the language to be added. Do not omit text that is deleted; keep it in, but surround it with brackets. Similarly, do not add new language without underlining it. When a deletion and an addition appear next to each other, the deleted material always precedes the added material (i.e., the deleted material appears to the left of the added material).
Apples, giraffes, oranges, and polar bears are included
Apples, oranges, and polar bears, and giraffes are included
The same rule applies to amending unconsolidated laws. When amending an existing unconsolidated law, bracket material to be deleted, and underline new material (as you would with a consolidated law). However, do not underline text in a completely “new” unconsolidated law.
§ 3. Section 9 of local law number 50 for the year 2015 is amended to read as follows:
§ 9. This local law takes effect immediately, and expires and is deemed repealed two years after its effective date June 2, 2019.
§ 4. This local law takes effect immediately.
Rule 11.1.1 Deleting Part of a Word
When only a part of a word or hyphenated word is being amended, enclose the entire existing word or hyphenated word in brackets, and underline the new word or hyphenated word.
Write this
Any workman worker who fails to comply . . .
Not this
Any workmaner who fails to comply . . .
Rule 11.1.2 Spacing around Additions and Deletions
When amending existing law using brackets and underlining, place a space between the brackets of a deletion and any adjacent underlined addition. Deletion of punctuation is the major exception to this rule, as explained in Rule 11.1.3.
1. Any Except as otherwise provided in this subdivision, any place, which is used for the purpose of washing, drying, starching or ironing, for the general public, wearing apparel, household linens, or other washable fabrics laundering fabrics for a fee, or a place used or maintained for the storage, temporary holding, collection, or delivery of such articles fabrics for such service, or.
Do not underline spaces preceding or following an addition, but do underline spaces that occur between words that are being added.
A place used or maintained for the storage, temporary holding, collection or delivery
Rule 11.1.3 Deleting Punctuation
Treat punctuation as a special case. If deleting punctuation that follows a word but not deleting the word itself, insert a bracket between the word and the punctuation, but no space.
Any place, which is used for the purpose of washing
If deleting punctuation and nothing else, place brackets around the punctuation mark only, even if there is no space between the mark and the preceding or succeeding word.
Write this
The commissioner of consumer and worker protection, shall promulgate rules . . .
Not this
The commissioner of consumer and worker protection, protection shall promulgate rules . . .
However, if deleting punctuation that occurs in the middle of a word or between two words without spaces, bracket out the entire word or phrase and replace it using underlined text without the middle punctuation. Do not merely bracket the punctuation mark in this case.
Write this
comparably-worded comparably worded
inter-group intergroup
Not this
comparably-worded
inter-group
Rule 11.1.4 “REPEALED” in All Capital Letters
When an existing law or part thereof is to be repealed by referring to the provision and stating its repeal without setting forth the actual text (as opposed to deleting it by strikethrough and enclosure in brackets), the word “REPEALED” should appear in capital letters in a bill section.
§ 2. Sections 27-2038 and 27-2039 of the administrative code of the city of New York are REPEALED and a new section 27-2038 is added to read as follows:
§ 27-2038 Electric lighting fixtures required in certain public parts of dwellings. a. Subject to any stricter minimum lighting requirement that may be applicable pursuant to the multiple dwelling law, . . .
Rule 11.2 Capitalization
The Council generally follows the State Legislative Bill Drafting Commission’s guidelines on capitalization of words in bills, which reflect a strong preference for avoiding capitalization in many instances. These guidelines often differ from capitalization standards used in other contexts. For example, write “New York city charter” in a local law, not “New York City Charter.”
The general rule is to limit capitalization to proper nouns unless consistency with the form and style of the provision being amended requires otherwise. Capitalization conventions apply to bill titles as well as bill text.
Proper names, places, or designations: Central Park; Great Lakes; Lake George; Long Island; Mohawk river; state of New York; city of New York; Pacific ocean; Schenectady county; World War II
City and state departments, institutions and offices: department of state; city university of New York; public service commission; department of housing preservation and development; council
Federal departments and agencies: federal department of health and human services; federal housing administration; national park service
Nations, nationalities or ethnic groups: English language; Native American; pro-British; Spanish-American war; African-American
Political parties: Conservative party; Democratic party; Republican party; Green party
Banks and funds: federal reserve bank; postwar rehabilitation trust fund
Acts, laws and codes: internal revenue code; New York city charter; administrative code of the city of New York; New York city building code; United States code
Legal holidays: Christmas day; Good Friday; Independence day; Memorial day
Newspapers: The New York Times; The Wall Street Journal; the City Record
Titles in provisions: mayor; members of the council; council member; speaker of the council; attorney general; congress; constitution; speaker of the assembly; governor; president of the United States; state comptroller
The word “Council” is capitalized in a bill’s enacting clause only. Use “council member” (lowercase) in bill text, but “Council Member” (initial capitals) when naming bill sponsors in legislative items and in resolutions. Likewise use “the speaker” (lowercase) in bill text, but “the Speaker” (initial capital) when naming the Speaker as a sponsor in the byline.
Rule 11.3 Single Space after Periods
Insert only a single space after a period at the end of a sentence.
Rule 11.4 Space after Section Symbol
Place a space after a section symbol (e.g., § 2, not §2).
Rule 11.6 The Present Tense
Laws operate in a continuing present and should be written as if they are operative now, as that is how they will appear to readers. This usually means drafting in the present tense.
Write this
A violation of any provision of this section is a misdemeanor.
Not this
A violation of any provision of this section shall be a misdemeanor.
Occasionally it might be necessary to refer to events that, relative to the central event described in a bill provision, occurred in the past or will occur in the future. But the main event should still be thought of as occurring in the present.
Rule 11.12 Outdated or Offensive Terminology
Most outdated or offensive terms have been removed from the Charter and Administrative Code, but some still remain. The lists of terms to avoid will never be complete; in general, follow norms of respectful and inclusive professional communication.
Prohibited terms (11.12.1). Do not use these terms or their variants, even though they might still be encountered in statutory text: alien, almshouse, asylum, beggar, crippled, deformity, drug abuse, feeble-minded, handicapped, idiot, illegal immigrant, illegal migrant, inmate, insane, mendicant, mental retardation, mentally deficient, senile.
Physical or mental condition (11.12.2). Avoid using any terminology that equates a person with a physical or mental condition or that has a negative connotation. For example, use phrases such as “individuals with disabilities,” “persons experiencing homelessness,” and “a person with mental illness,” rather than “the disabled,” “the homeless,” “the mentally ill,” or “person suffering from autism.”
Gender (11.12.3). The preferred standard is gender-silent drafting, in which gendered terms — even in balanced usage — are avoided altogether.
Use the, a, an, such, that, or any in place of a personal pronoun: An applicant shall submit with his an application any fee required by the commissioner.
Use a possessive noun in place of a possessive pronoun: The commissioner or his the commissioner’s designee shall provide . . . .
Repeat the antecedent: No person may provide commercial laundry services unless he the person first obtains a license.
Rule 11.16 “Shall” Versus “May”
Use “shall” to express a duty, mandate, obligation, prohibition, requirement, or condition precedent. Use “shall not” or a variation such as “no person shall” to express a prohibition. Use “may” to confer a power, privilege, right, or discretion.
Avoid using “shall” to state a legal fact or result where nothing is being required or prohibited. This usage is known as a “false imperative.” Do not use the word “shall” in definitions sections to state the meaning of a term, and avoid using “shall” to confer a legal right without stating an obligation.
Write this
This section does not apply to offenses committed . . .
A person is liable if . . .
Commission. The term “commission” means . . .
A licensee is eligible . . .
A person may appeal by filing a written notice with the director.
The board may promulgate rules in furtherance of the purposes of this chapter.
Not this
This section shall not apply to offenses committed . . .
A person shall be liable if . . .
Commission. The term “commission” shall mean . . .
A licensee shall be eligible . . .
A person shall have the right to appeal by filing a written notice with the director.
The board shall be authorized to promulgate rules in furtherance of the purposes of this chapter.
While some legislative bodies use “may not” to indicate that something is prohibited, the Council generally uses “shall not,” which is understood as prohibiting a behavior.
Rule 11.19.1 Serial Comma
Include a serial comma before and or or in a series. Where a list is punctuated using semicolons, include a serial semicolon before and or or. If using the serial comma or semicolon would introduce an ambiguity, rephrase the sentence to avoid the ambiguity.
Notwithstanding any law, rule, or regulation to the contrary, . . .
Rule 11.21.1 “Which” Versus “That”
Use “that” to introduce a restrictive clause, i.e., a clause that limits the possible meaning of the subject. Use “which” to introduce a nonrestrictive clause, i.e., a clause that gives information about the subject but does not limit its meaning. In general, a comma separates “which” from the clause that precedes it, while no comma separates “that” from the preceding clause.
The commissioner must honor those applications that are less than 60 days old.
The commissioner must honor those applications, which are less than 60 days old.
In the first example, the clause limits “those applications,” such that the commissioner only must honor applications if they are less than 60 days old. In the second example, the clause merely gives incidental information about the applications — the commissioner must honor all of them.
Rule 11.22 Contractions
Do not use contractions in legislative text.
Write this
The commissioner may provide for additional time, not to exceed 30 days, in which to file a renewal application.
Not this
The commissioner may provide for additional time in which to file a renewal application, provided that the additional time doesn’t exceed 30 days.
Appendix F Repeal Checklist
Special rules apply where a bill would expressly repeal an existing law. Although those rules are described throughout the manual, this appendix collects them in one place to assist a drafter in preparing a repeal bill.
- Identify and describe the provision being repealed in the bill title. See Rule 2.1.1.
- If the bill includes a sunset clause, note the expiration and repeal in the bill title. See Rules 2.1.1 and 7.4.
- Omit the recital of legislative history for the provision being repealed. See Rule 3.1.10.
- In the bill section text, state specifically the provision of law to be repealed and write REPEALED in all capital letters. See Rule 11.1.4.
- Search the Charter and Administrative Code for cross-references to the repealed provision. Any such cross-references will also need to be repealed or amended.
- Remember that to revive a previously repealed provision, it is not sufficient simply to repeal the prior repeal. The provision to be revived must be added as new text.