Part I

You have just been sworn into office as a newly-elected representative to the Minnesota House of Representatives. After the ceremony you received a large packet of materials that is provided to every new legislator and asked to review them before tomorrow's orientation session conducted for all newly-elected representatives.

READ EACH OF THESE:

• Chapter 2 of the Minnesota Statutory Drafting Guide
  
• Chapter 10 of the Minnesota Statutory Drafting Guide
  
• Minn. Stat. Ch. 645.

As you read through ALL of these materials, pay careful attention to how the Minnesota legislature handles many of the small drafting "details" and common drafting errors that may be anticipated in the enactment of any legislation.

After you have carefully reviewed these statutory drafting materials, try a few "Questions" to test your understanding of what you have read.
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Question No. 1.

"Ambiguous" words are those that can be interpreted in more than one way. By contrast, a word is "vague" when there is doubt as to the precise boundaries of its meaning. Words are "over-general" when they simply cover too broad a scope of meaning.

Consider the following statutory language and indicate which of the these statements is LEAST accurate regarding the use of the word "range" as contained within the definition of an "endangered species."

Section 3(6) of the U.S. Endangered Species Act states that the "term 'endangered species' means any species which is in danger of extinction throughout all or a significant portion of its range...."

The term "range" as used in this statute is ambiguous.
The term "range" as used in this statute is vague.
The term "range" as used in this statute is over-general.
The term "range" is perfectly clear as used in this context.

 

Question No. 2.

Section 9(a)(D) of the Endangered Species Act makes it unlawful, in relevant part,

"for any person subject to the jurisdiction of the United States to—
* * *
(D) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in violation of subparagraphs (B) and (C)....

As written in the statutory language, supra, to what specifically does the phrase "by any means whatsoever" refer?

Select the statement that is MOST appropriate from the following choices:

This phrase represents a nonrestrictive dependent clause, so the comma can simply be eliminated altogether without changing the meaning of this sentence.

Since this phrase is preceded by a comma, it refers only to the last item in the listing that precedes it (i.e., "ship").

Since this phrase is preceded by a comma, it refers to each and every item in the listing that precedes it (i.e., "possess, sell, deliver, carry, transport, or ship").

This phrase represents unnecessary surplusage which should be eliminated altogether.

 

Problem No. 1.

By statute in your state, the Department of Natural Resources is presently required to promulgate rules to regulate the recreational and supplemental feeding of wild animals for purposes other than hunting. Specifically, the current statute reads:

"Feeding wild animals for nonhunting purposes. The Department shall promulgate rules to regulate the recreational and supplemental feeding of wild animals for purposes other than hunting"

The Wildlife Federation, a local lobbying group, has come to you asking that you sponsor their proposed new bill to re-write this statute. Concerned by the recent appointment of an anti-environmental director as the new head of the Department, the Wildlife Federation fears that the new Director will use the existing statutory mandate under the current statute, supra, to create rules that will be harmful to their goals of encouraging private landowners to feed (and thereby attract) wild animals on their property. They want to remove the current statutory directive requiring the Director to promulgate rules to regulate the recreational and supplemental feeding of wild animals for nonhunting purposes. Instead of the current statutory mandate, they want to eliminate the Director's authority to issue any such rules at all. You were elected to the legisature in part due to active support for your campign that you received from the Wildlife Federation, and you personally believe in and support their cause, so you agreed to help them re-write the current statute. They have proposed the following bill to incorporte the changes that they desire.

"Feeding wild animals for nonhunting purposes. The department
may not promulgate rules to regulate the recreational and supplemental feeding of wild animals for purposes other than hunting. Any rules promulgated by the department before October 30, 2005, the effective date of this section which are prohibited by this section are void." (Changes marked in red).

What, if any, word usage or grammar problems does the Wildlife Federation's proposed bill present?

Explain your answer thoroughly in an e-mail response designated as "Sample Lesson Problem No. 1" and submitted to Professor Martin at ecmartin@samford.edu.

Continue with Part I