reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › STATUTES GENERALLY › Section 13.125 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preservation of civil remedies.
The act (1 Pa.C.S. §
													1929) provides that the provision in any
						statute for a penalty or forfeiture for its violation shall not be construed to
						deprive an injured person of the right to recover from the offender damages
						sustained by reason of the violation of such statute.
(b)
Application to each
						offense.
The act (1 Pa.C.S. §
													1930) provides that whenever a penalty or
						forfeiture is provided for the violation of a statute, such penalty or
						forfeiture shall be construed to be for each such violation.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › STATUTES GENERALLY › Section 13.126 - Reference to statute or regulation

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1937) provides that a reference in a statute
						  finally enacted on or after July 1, 1971 to a statute or to a regulation issued
						  by a public body or public officer includes the statute or regulation with all
						  amendments and supplements thereto and any new statute or regulation
						  substituted for such statute or regulation, as in force at the time of
						  application of the provision of the statute in which such reference is made,
						  unless the specific language or the context of the reference in the provision
						  clearly includes only the statute or regulation as in force on the effective
						  date of the statue in which such reference is made.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › STATUTES GENERALLY › Section 13.127 - Reference to public body or officer

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1938) provides that a reference in a statute
						  to a governmental agency, department, board, commission or other public body or
						  to a public officer includes an entity or officer which or who succeeds to
						  substantially the same functions as those performed by such public body or
						  officer on the effective date of the statute, unless the specific language or
						  the context of the reference in the statute clearly includes only the public
						  body or officer on the effective date of the statute.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › CONFLICTING STATUTORY PROVISIONS › Section 13.131 - General and special provisions

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1933) provides that whenever a general
						  provision in a statute shall be in conflict with a special provision in the
						  same or another statute:
(1) The two
						shall be construed, if possible, so that effect may be given to both.
(2) If the conflict between the two
						provisions is irreconcilable, the special provisions shall prevail and shall be
						construed as an exception to the general provision, unless the general
						provision shall be enacted later and it shall be the manifest intention of the
						General Assembly that such general provision shall prevail.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › CONFLICTING STATUTORY PROVISIONS › Section 13.132 - Clauses in same statute

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1934) provides that except as provided in
						  §
												13.131 (relating to general and
						  special provisions), whenever, in the same statute, several clauses are
						  irreconcilable, the clause last in order of date or position shall
						  prevail.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › CONFLICTING STATUTORY PROVISIONS › Section 13.133 - Statutes passed by same General Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1935) provides that except as otherwise
						  provided in the case of separate amendments or repeals on code provisions,
						  whenever the provisions of two or more statutes enacted finally during the same
						  General Assembly are irreconcilable, the statute latest in date of final
						  enactment, and where two or more irreconcilable statutes are enacted finally on
						  the same date, the statute bearing the highest number, in either case
						  irrespective of its effective date, shall prevail from the time it becomes
						  effective.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › CONFLICTING STATUTORY PROVISIONS › Section 13.134 - Statutes passed by different General Assemblies

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1936) provides that whenever the provisions
						  of two or more statutes enacted finally by different General Assemblies are
						  irreconcilable, the statute latest in date of final enactment shall
						  prevail.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › AMENDMENTS AND REENACTMENTS › Section 13.141 - Merger of statute and amendment

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1953) provides that whenever a section or
						  part of a statute is amended:
(1) The
						amendment shall be construed as merging into the original statute, become a
						part thereof, and replace the part amended, and the remainder of the original
						statute and the amendment shall be read together and viewed as one statute
						passed at one time.
(2) The
						portions of the statute which were not altered by the amendment shall be
						construed as effective from the time of their original enactment.
(3) The new provisions shall be construed as
						effective only from the date when the amendment became effective.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › AMENDMENTS AND REENACTMENTS › Section 13.142 - Merger of multiple amendments

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1954) provides that whenever a statute has
						  been more than once amended:
(1) The
						latest amendment shall be read into the original statute as previously amended
						and not into such statute as originally enacted, whether or not the previous
						amendment is referred to and whether or not its language is incorporated in the
						latest amendment.
(2) If the
						insertions in and the deletions from the statute made by the previous amendment
						are not incorporated in the later, they shall nevertheless be read into the
						later amendment as though they had in fact been incorporated therein.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › AMENDMENTS AND REENACTMENTS › Section 13.143 - Amendment overlooking another amendment

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1955) provides that whenever two or more
						  amendments to the same provision of a statute are enacted at the same or
						  different sessions, one amendment overlooking and making no reference to the
						  other or others, the changes in the statute made by each shall be given effect
						  and all the amendments shall be read into each other.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › AMENDMENTS AND REENACTMENTS › Section 13.144 - Conflicting amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The act (1 Pa.C.S. §
													1955) provides that if changes made in a
						statute by two or more amendments which overlook each other are to any extent
						in direct conflict with each other, the rules relating to irreconcilable
						statutes shall govern.
(b)
When amendments are in conflict.
The fact that a later
						amendment restates language of the original statute which was deleted by an
						earlier amendment, or fails to restate language inserted by an earlier
						amendment, does not of itself create a conflict between the two amendments.
						Amendments are in conflict with each other only if the changes in the statute
						made by each without considering the inserts and strike-outs of the other
						cannot be put into operation simultaneously.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › AMENDMENTS AND REENACTMENTS › Section 13.145 - Reenacting deleted language

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Amendatory statute.
The act (1 Pa.C.S. §
													1956) provides that the provisions of a
						statute no longer effective because of having been deleted by an earlier
						amendment or otherwise shall not be construed as being revived by reenactment
						in an amendatory statute, unless it shall clearly appear by notice thereof in
						the title of the amendatory statute that the General Assembly intended to
						revive such provisions.
(b)
Repealing statute.
The act (1 Pa.C.S. §
													1962) provides that whenever a statute is
						repealed and its provisions are at the same time reenacted in the same or
						substantially the same terms by the repealing statute, the earlier statute
						shall be construed as continued in active operation. All rights and liabilities
						incurred under such earlier statute are preserved and may be
						enforced.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › AMENDMENTS AND REENACTMENTS › Section 13.146 - Effect of reenactment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Original statute.
The act (1 Pa.C.S. §
													1961) provides that whenever a statute
						reenacts a former statute, the provisions common to both statutes shall date
						from their first adoption. Such provisions only of the former statute as are
						omitted from the reenactment shall be deemed abrogated, and only the new or
						changed provisions shall be deemed to be the law from the effective date of the
						reenactment.
(b)
Intermediate statutes.
The act (1 Pa.C.S. §
													1963) provides that a statute which reenacts
						the provisions of an earlier statute shall not be construed to repeal an
						intermediate statute which modified but did not effect an amendment to such
						earlier statute. Such intermediate statute shall be construed to remain in
						force and to modify the reenactment in the same manner as it modified the
						earlier statute.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › REPEALS › Section 13.151 - Repealed provisions incorporated into code

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Repeal by other statue.
The act (1 Pa.C.S. §
													1974)
						provides that whenever a statute repeals any provision of another statute
						incorporated into a code adopted by the same General Assembly, the statute
						repealing the provision so incorporated into the code shall be construed to
						effect a repeal of the corresponding provision of the code.
(b)
Amendment of repealed
						provision.
The act (1 Pa.C.S. §
													1952) provides that whenever any existing
						statute, incorporated into and repealed by a code, is also amended by other
						legislation enacted by the same General Assembly, such separate amendment shall
						be construed to be in force, notwithstanding the repeal by the code of the
						statute such other legislation amends, and such amendment shall be construed to
						prevail over the corresponding provisions of the code.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › REPEALS › Section 13.152 - Repeal by implication

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The act (1 Pa.C.S. §
													1971) provides that except as otherwise
						provided in subsections (b) and (c) of this section, a later statute shall not
						be construed to supply or repeal an earlier statute unless the two statutes are
						irreconcilable.
(b)
Revision of statutes.
Whenever a statute purports to be a
						revision of all statutes upon a particular subject, or sets up a general or
						exclusive system covering the entire subject matter of a former statute and is
						intended as a substitute for such former statute, such statute shall be
						construed to supply and therefore to repeal all former statutes upon the same
						subject.
(c)
Existing local
						or special statute.
Whenever a general statute purports to establish a
						uniform and mandatory system covering a class of subjects, such statute shall
						be construed to supply and therefore to repeal pre-existing local or special
						statutes on the same class of subjects.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › REPEALS › Section 13.153 - Nonexistence of reason for statute and nonuser

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §§
													1972 and
						  1973) provides that a
						  statute shall not be deemed repealed because the reason for its passage no
						  longer exists or by failure to use such statute.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › REPEALS › Section 13.154 - Effect of repeal on statutory provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Original statute.
The
						act (1 Pa.C.S. §
													1956)
						provides that, except as otherwise provided in §
												13.151(b) of
						this Title (relating to amendment of repealed provision incorporated into
						code), the repeal of an original statute, or section or provision of an
						original statute, repeals all subsequent amendments to the original statute, or
						to the original section or provision, as the case may be.
(b)
Amendatory statute.
The
						act (1 Pa.C.S. §
													1956)
						provides that the repeal of an amendatory statute does not revive the
						corresponding provision or section of the original statute or of any prior
						amendment.
(c)
Repealing
						statute.
The act (1 Pa.C.S. §
													1977) provides that the repeal of a repealing
						statute shall not be construed to revive the statute originally
						repealed.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 13 - GENERAL PROVISIONS › Subchapter C - STATUTORY CONSTRUCTION › REPEALS › Section 13.155 - Effect of repeal on rights and remedies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Limitation of actions.
The act (1 Pa.C.S. §
													1975)
						provides that whenever a limitation or period of time, prescribed in any
						statute for acquiring a right or barring a remedy, or for any other purpose,
						has begun to run before a statute repealing such statute takes effect, and the
						same or any other limitation is prescribed in any other statute passed by the
						same General Assembly, the time which has already run shall be deemed part of
						the time prescribed as such limitation in such statute passed by the same
						General Assembly.
(b)
Civil
						actions.
The act (1 Pa.C.S. §
													1976) provides that the repeal of any civil
						provisions of a statute shall not affect or impair any act done, or right
						existing or accrued, or affect any civil action pending to enforce any right
						under the authority of the statute repealed. Such action may be proceeded with
						and concluded under the statutes in existence when such action was instituted,
						notwithstanding the repeal of such statutes, or such action may be proceeded
						with and concluded under the provisions of the new statute, if any,
						enacted.
(c)
Common law
						rights.
The act (1 Pa.C.S. §
													1978) provides that whenever a statute which
						created a personal or property right in derogation of the common law is
						repealed as obsolete or by a code which does not contain an express provision
						with respect to such personal or property right, the repeal shall not be
						construed to revive the prior inconsistent common law rule, but such repeal
						shall be construed as a recognition by the General Assembly that such personal
						or property right has been received into and has become a part of the common
						law of this Commonwealth.
(d)
Private corporation existence.
The act (1 Pa.C.S. §
													1976) provides that the repeal of any statute
						shall not affect the corporate existence of any private corporation created by
						or incorporated under such statute.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter A - GENERAL PROVISIONS › Section 15.1 - Passage of law by bill

Current through Register Vol. 54, No. 28, July 13, 2024
The Constitution (art. III, sec. 1) provides that no law
						shall be passed except by bill.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter A - GENERAL PROVISIONS › Section 15.2 - Form and use of bills

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form.
A bill is the first step in the enactment of a statute
					 and takes the same form as a statute that has been enacted. It consists of a
					 title, an enacting clause and a number of sections depending on what is
					 necessary to state the thing to be accomplished.
(b)
Use.
Bills are used for:
(1) Original enactments.
(2) Amendments to existing law.
(3) Reenactments of existing law.
(4) Supplements to existing law.
(5) Codifications.
(6) Joint resolutions for constitutional
					 amendments.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter A - GENERAL PROVISIONS › Section 15.3 - Original enactments

Current through Register Vol. 54, No. 28, July 13, 2024
As original enactment is the simplest form of a bill and
						does not contain underscoring or brackets to indicate language added or deleted
						or reference to any statute cited for amendment.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter A - GENERAL PROVISIONS › Section 15.4 - Amendments to existing law

Current through Register Vol. 54, No. 28, July 13, 2024
A bill containing an amendment or amendments to an
						existing statute is used most frequently and, unlike an original enactment, it
						contains underscoring and brackets and a reference to the statute
						amended.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter A - GENERAL PROVISIONS › Section 15.5 - Reenactments of existing law

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Reenactments of existing statutes are used to:
(1) Continue in effect a statute that is
					 about to expire.
(2) Extend the
					 statute to a new agency or set of circumstances.
(3) Cure a defect in an existing statute,
					 such as a failure to give notice in the title of a provision of the
					 statute.
(4) Harmonize the language
					 of amendments of the same provision of a statute so as to make it less
					 confusing.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter A - GENERAL PROVISIONS › Section 15.6 - Supplements to existing law

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
At one time supplements to statutes were very extensively
					 used. In modern practice, however, supplements have fallen into disuse. The
					 present practice is to add a section or sections by way of amendment to
					 existing law. In this way they find their place in the logical sequence of
					 existing law.
(b)
Form.
Supplements are, generally speaking, in the form of a
					 simple new enactment, except that the title of the supplement cites the statute
					 to which it is supplementary. In this respect, the same rules apply as in the
					 case of titles to amendatory bills.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter A - GENERAL PROVISIONS › Section 15.7 - Codifications generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Codification is the gathering together into one
					 comprehensive statute of all of the law on a given subject, with or without
					 change, and the repeal of the existing statutes so incorporated. A codification
					 is a form of reenactment and is governed by the rules of statutory construction
					 covering reenactments.
(b)
Scope.
As the number of codifications increase it becomes
					 obvious that many provisions belong equally well in one code as in another. The
					 tendency in the past has been to incorporate in the code first prepared, all
					 provisions that could possibly fit into it. This has resulted in considerable
					 repetition of the same provisions in different codes, and frequently in changes
					 in one code that are not incorporated in other codes where the same provision
					 appears. It is therefore preferable to refrain from incorporating more than
					 provisions relating only to the subject of the code and not to take provisions
					 from one code and insert them in a new one just being prepared.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter A - GENERAL PROVISIONS › Section 15.8 - Form of codifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Codifications are in the form of original
					 enactments.
(b)
Table of
					 contents.
A codification as a general rule carries a table of contents
					 which varies in degree of completeness. It appears immediately following the
					 title and preceding the enacting clause.
(c)
Major subdivisions.
Codifications are usually divided into one or more major subdivisions which
					 include chapters and subchapters. Formerly, the major subdivisions commonly
					 used were articles and subdivisions.
(d)
Repeals.
The last major
					 subdivision of a codification usually covers the citation of a number of
					 statutes for repeal.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › GENERAL › Section 15.21 - Description of original enactment

Current through Register Vol. 54, No. 28, July 13, 2024
An original enactment is a specific statement in direct
						  language imposing duties, conferring powers, granting privileges, decreeing
						  prohibitions, prescribing penalties, making appropriations, etc., as is
						  necessary to accomplish the desired purpose.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › GENERAL › Section 15.22 - Use of existing statutes and bills

Current through Register Vol. 54, No. 28, July 13, 2024
It is helpful to pattern a bill on an existing statute
						  or on a bill prepared for the same or earlier session of the General Assembly
						  even if it is not on the same subject. However, bills and statutes are seldom
						  perfect in form or style and should not be blindly followed.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › GENERAL › Section 15.23 - Importance of arrangement of material

Current through Register Vol. 54, No. 28, July 13, 2024
The arrangement of a bill is particularly important.
						  The longer the bill the more important this becomes. An analytical arrangement
						  is necessary to make the bill readily understandable and facilitates finding
						  provisions without each time going over the whole bill. The arrangement should
						  always be orderly and logical. Provisions are written down as they come to
						  one's mind. This is usually neither logical nor orderly. They must invariably
						  be rearranged so as to bring related provisions together and to follow an
						  orderly plan based on sequence of events and having dependent provisions follow
						  those on which they depend.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › GENERAL › Section 15.24 - Prescribed arrangement of material

Current through Register Vol. 54, No. 28, July 13, 2024
In lengthy statutes the following technical arrangement
						  is prescribed:
(1) Title.
(2) Preamble.
(3) Table of contents.
(4) Enacting clause.
(5) Short title.
(6) Declaration of purpose.
(7) Definitions.
(8) Construction and application, what the
						statute covers, what is excluded, and all limitations, exceptions and
						conditions applicable to the statute as a whole.
(9) Substantive provisions.
(10) Administrative provisions.
(11) Penalties.
(12) Saving Clause.
(13) Appropriation.
(14) Severability Clause.
(15) Repeals.
(16) Temporary provisions.
(17) Effective date.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › GENERAL › Section 15.25 - Enacting clause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form.
The act (1 Pa.C.S. §
													1101) provides that all statutes shall begin
						in the following style: "The General Assembly of the Commonwealth of
						Pennsylvania hereby enacts as follows:"
(b)
Location.
The enacting
						clause is placed immediately after the preamble or the table of contents of the
						statute, or if there is no preamble or table of contents, then immediately
						after the title.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › TITLE › Section 15.31 - Constitutional requirement

Current through Register Vol. 54, No. 28, July 13, 2024
The Constitution (art. III, sec. 3), provides that no
						  bill shall be passed containing more than one subject, which shall be clearly
						  expressed in its title, except a general appropriation bill or a bill codifying
						  or compiling the law or a part thereof.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › TITLE › Section 15.32 - Use in statutory construction

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1924) provides that the title of a statute
						  may be considered in the construction thereof.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › TITLE › Section 15.33 - Location and structure

Current through Register Vol. 54, No. 28, July 13, 2024
Titles appear first in a statute. All bills begin with
						  the words "AN ACT," or "A SUPPLEMENT" which appear in capital letters and
						  centered below the top of the page. The balance of the title begins two spaces
						  below and is written in single space. The first line is brought out to the
						  margin and the rest of the title is indented three spaces.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › TITLE › Section 15.34 - Expression of subject

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Long and involved titles should be avoided. Every
						title of an original statute should begin with an expression of a general
						subject, which should give a clear indication of what the statute is about. In
						selecting an expression for a general subject, care must be taken not to make
						it appear as though the bill contains more than one subject. For instance, do
						not say "An act relating to divorces and the annulment of marriages," but say
						"An act affecting marital relations." The title should not state merely the
						purpose of the bill.
(b)
Codifications.
In codifications a very general title will
						suffice. It is usually the broad subject followed by "and amending, revising,
						consolidating and changing the law relating thereto."
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › TITLE › Section 15.35 - Inclusion of details

Current through Register Vol. 54, No. 28, July 13, 2024
Details, if necessary in order to satisfy the
						  requirements laid down by the courts, follow the statement of the general
						  subject. In all cases care should be exercised not to make a title an index of
						  the contents of the bill. To do so is likely to invalidate the statute or parts
						  of it. Unless the index is complete the courts may hold that the provisions not
						  indexed are not clearly expressed.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › TITLE › Section 15.36 - Time of preparation

Current through Register Vol. 54, No. 28, July 13, 2024
Although titles appear first on the bill they should
						  always be written last. The reason for this is that the subject of the bill
						  must be clearly expressed in its title and the title must give notice to all
						  persons affected by the proposed statute. It is therefore necessary that the
						  bill be completed in order to insure that these requirements are observed. When
						  a title has been drawn, each section of the bill should be reread to ascertain
						  whether it comes within the title.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.41 - Use of headings in statutory construction

Current through Register Vol. 54, No. 28, July 13, 2024
The act (1 Pa.C.S. §
													1924) provides that headings prefixed to
						  parts, articles, chapters, sections and other divisions of a statute shall not
						  be considered to control but may be used to aid in the construction
						  thereof.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.42 - System of division of statute

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Except as provided in subsections (b) and (c), the
						normal divisions of a statute are chapters, subchapters, sections, subsections,
						paragraphs, subparagraphs, clauses and subclauses.
(b)
Amendatory statutes.
In
						cases of amendments to statutes, the system of division of the statute being
						amended shall be followed. Many existing statutes are divided into articles,
						subdivisions, sections, subsections and clauses.
(c)
Uniform laws.
The system
						of division for enacting a uniform law may be varied to conform to the system
						used for the particular uniform law being enacted to assist in comparing the
						statute with similar laws and court decisions in other states and thereby
						achieve uniformity of interpretation.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.43 - System of numbering divisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Major subdivisions.
Whenever major subdivisions are necessary,
						chapters are identified by Arabic numerals throughout the statute and
						subchapters are identified by capital letters beginning with each chapter as
						follows:
Chapter
1
Subchapter
A
(b)
Sections and minor
						subdivisions.
Sections are numbered sequentially in Arabic throughout
						the statute with such variation prescribed in this Subchapter. Whenever minor
						subdivisions are necessary, subsections are identified by lower case letters,
						paragraphs by Arabic numerals, subparagraphs by lower case Roman numerals,
						clauses by capital letters, and subclauses by capital Roman numerals, all
						contained within parentheses, as follows:
Section
1
Subsection
(a)
Paragraph
(1)
Subparagraph
(i)
Clause
(A)
Subclause
(I)
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.44 - Chapters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Lengthy statutes may be subdivided into chapters to
						effect a division of the subject matter of the statute.
(b)
Heading.
All chapters
						have headings consisting of one or more words in capital letters describing in
						general terms what the chapter covers as follows:
CHAPTER 5
REMEDIES AND PENALTIES
(c)
Addition of new chapter.
If it becomes necessary to introduce a new chapter between existing chapters,
						the new chapter is designated by the addition of a letter suffix to the
						preceding chapter number. Thus, a chapter introduced between Chapters 3 and 4
						would be numbered Chapter 3A, and the first section would be numbered
						3A01.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.45 - Subchapters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Lengthy chapters of statutes may be subdivided into
						subchapters to effect a division of the subject matter of the
						chapter.
(b)
Heading.
All subchapters have headings consisting of one or
						more words in capital letters describing in general terms what the subchapter
						covers as follows:
SUBCHAPTER A
GENERAL PROVISIONS
(c)
Addition of new
						subchapter.
If it becomes necessary to introduce a new subchapter
						between existing subchapters, the new subchapter is designated by the addition
						of a number suffix to the preceding subchapter letter. Thus, a subchapter
						introduced between Subchapters A and B would be lettered Subchapter
						A-1.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.46 - Sections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Every statute is subdivided into sections beginning with
						the word "Section" followed by the section number. In some cases, a statute may
						contain only one section.
(b)
Heading.
Sections may, and in lengthy statutes should, contain
						headings following the section number and concluded by a period, followed by a
						dash. Section headings must be kept as brief as possible consistent with the
						contents of the section. The value of a section heading is lost if it is
						lengthened by unnecessary verbiage. It is better not to use it if it is
						inaccurate and thereby misleading. For these reasons, general and comprehensive
						terms should be selected for section headings. They should indicate what the
						section deals with, not what the section does.
(c)
Numbering.
In statutes
						containing no major subdivisions, sections are numbered sequentially throughout
						the statute ( i.e. 1, 2, 3, etc.). In statutes containing chapters, sections
						are numbered sequentially throughout each chapter with the last two digits
						indicating the sequence of the sections within a chapter and the digit or
						digits preceding such digits indicating the number of the chapter. Thus, in
						Chapter 3, sections are numbered 301, 302, 303, etc. Section numbers should be
						skipped between subchapters in chapters to facilitate later amendment and the
						first section in each subchapter should end with the number 1 (e.g. 301, 311,
						321, etc.).
(d)
Addition of
						new section.
If it becomes necessary to introduce a new section
						between existing sections, the new section is designated by the addition of a
						period and number suffix to the preceding section number. Thus, a section
						introduced between sections 5 and 6 would be numbered Section
						5.1.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.47 - Subsections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Sections may be subdivided into subsections to effectuate
						a division of the subject matter of the section. Subsections are statements or
						groups of statements, complete in themselves, that might well constitute
						separate sections. Unless there is a compelling reason to group a number of
						separate propositions as subsections into one section it is preferable to make
						them separate sections. Except where the style of the Consolidated Pennsylvania
						Statutes is followed, the first line of subsection (a) begins on the same line
						and immediately following the section number and heading, if any. The first
						lines of subsequent subsections begin on a separate line.
(b)
Heading.
Subsections
						may, but do not usually, contain headings following the subsection letter and
						concluded by a period, followed by a dash.
(c)
Addition of new
						subsection.
If it becomes necessary to introduce a new subsection
						between existing subsections, the new subsection is designated by the addition
						of a period and number suffix to the preceding subsection letter. Thus, a
						subsection introduced between subsections (a) and (b) would be lettered
						subsection (a.1).
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.48 - Paragraphs and subparagraphs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Subsections may be subdivided into paragraphs and
						paragraphs into subparagraphs. Paragraphs and subparagraphs may consist of
						statements or groups of statements complete in themselves or may consist of
						enumerations of circumstances, conditions, powers, etc., each depending on
						preliminary language applicable to all for a complete grammatical sentence. The
						latter form of expression is very desirable to indicate the coordination of the
						various provisions, as well as to simplify and shorten the statute. The first
						line of a paragraph and subparagraph begins on a separate line.
(b)
Addition of new units.
If it becomes necessary to introduce a paragraph between existing paragraphs or
						a subparagraph between existing paragraphs, the entire subsection or paragraph,
						as the case may be, should be revised. Otherwise, the system of numbering
						prescribed for the addition of subsections should be followed.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › SUBDIVISIONS, NUMBERING AND HEADINGS › Section 15.49 - Clauses and subclauses

Current through Register Vol. 54, No. 28, July 13, 2024
In unusual cases, where further subdivision of a
						  section is unavoidable, subparagraphs may be subdivided into clauses and
						  clauses may be subdivided into subclauses. In such case, the rules relating to
						  paragraphs and subparagraphs apply.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › PARTICULAR PROVISIONS › Section 15.61 - Preamble

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Some statutes have preambles which is a preliminary
						statement of the reasons for the enactment of the statute. The use of preambles
						is not recommended.
(b)
Location and form.
The preamble follows the title and precedes
						the table of contents, if any, and the enacting clause. Preambles are usually
						divided into paragraphs each of which begins with the word "WHEREAS."
(c)
Use in statutory
						construction.
The act (1 Pa.C.S. §
													1924) provides that the preamble of a statute
						may be considered in the construction thereof.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › PARTICULAR PROVISIONS › Section 15.62 - Table of contents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
A table of contents may, and in lengthy statutes should,
						be included to simplify reviewing and finding the contents of the
						statute.
(b)
Location and
						form.
The table of contents follows the title and preamble, if any,
						and precedes the enacting clause. The table of contents usually includes a
						listing of the designation, number or letter and heading of all major
						subsections and sections. In lengthy statutes containing major subdivisions, it
						may be sufficient to include only the major subdivisions and the first and last
						number of sections within each major subdivision.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › PARTICULAR PROVISIONS › Section 15.63 - Short title

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
The official short title is not suitable for all
						statutes. However, when a statute creates new law in a definable area, the
						short title will enable quick future identification. Short titles are often
						used to identify uniform state laws.
(b)
Location and form.
The
						short title is always the first section of a statute except where it is a
						uniform law in which case it may appear near the end of the statute to conform
						to its location in the proposed uniform law. In establishing a short title, it
						is desirable to eliminate as part of the title terms such as "The," "of 1974,"
						"Pennsylvania" and "State" but it is desirable to identify uniform laws by the
						inclusion of the word "Uniform." The short title is in the following form:
"This act shall be known and may be cited as the
						  'Adoption Act'."
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › PARTICULAR PROVISIONS › Section 15.64 - Declaration of purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Language stating the purpose of a statute or a recital of
						facts upon which the statute is predicated should not be included in a statute.
						A well drafted statute requires no extraneous statement within itself of what
						it seeks to accomplish nor the reasons prompting its enactment. The practice of
						resorting to purpose clauses is but a revival of the tried and convicted
						preamble. However, if it is desirable to express the policy or purpose of a
						statute, the "declaration of purpose" is preferred to the preamble in a bill
						since it is a section of the statute and becomes part of the statute.
(b)
Form.
The declaration of
						purpose may be a variation of the following form:
"It is the purpose of this act to protect the health
						  and safety of the people of Pennsylvania from the menace of drug addiction. The
						  General Assembly intends that the criminal laws shall be enforced against drug
						  users as well as other persons. This act shall not be construed as intending to
						  substitute treatment for punishment where crimes are committed by drug
						  users."