Guidance for Drafting Regulations in the Active Voice

Guidance for Drafting Regulations in the Active Voice By Chris Micheli

            In California, drafters of regulations and bills are instructed to use the active voice, rather than the passive voice. This is a change in the historical manner of drafting that previously included lots of passive voice language in state laws.

            As a result, many examples of the passive voice remain in California regulations and statutes. The following examples of passive versus active voice changes to state statutes are contained in bills recently enacted into law in this state: 

…provide comments to the department on all proposed projects funded from the Big Game Management Account to help ensure that the requirements of this section have been are met. 

             Nothing in this chapter shall This chapter does not restrict, limit, or prevent any a person licensed to provide health care services under the laws of this state, including, but not limited to, licensed physicians and surgeons and registered nurses, from practicing the profession or occupation

 

In no event shall the The admission of nonresident students shall not come at the expense of resident enrollment.

 

That fee is to shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.

 

The following definitions shall  apply:

 

This section shall not be construed to  does not  alter the scope of practice.

           

In establishing rates for recovery of the costs of used and useful water plant, the commission may utilize use  a capital structure and payback methodology that shall maintain  maintains  the reliability of water service, shall minimize  minimizes  the long-term cost to ratepayers, shall provide  provides  equity between present and future ratepayers, and shall afford  affords  the utility an opportunity to earn a reasonable return on its used and useful investment, to  attract capital for investment on reasonable terms terms,  and to  ensure the financial integrity of the utility.

            These examples of the passive voice being replaced by the active voice are important for those drafting regulations. This approach should be followed in the future.

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