reglab/statecodes huggingface dataset:
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 15.65 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
To avoid repetition of words and to assure clarity, a
						well drafted statute often contains a section on definitions. They are of
						definite advantage in the following situations:
(1) To define a general term in order to
						avoid its frequent repetition.
(2)
						To avoid repeating the full title of an officer or agency.
(3) To give an exact meaning to a word that
						has several dictionary meanings.
(4) To define a technical word that has no
						popular meaning in commonly understood language.
(5) To limit the meaning of a term that, if
						not defined, would have a broader meaning than intended.
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 15.66 - Offenses and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Classification of offenses.
The act (18 Pa.C.S.
						§
													106(e)) provides that
						an offense defined by any statute shall be classified as provided in
						18 Pa.C.S. §
													106
						(relating to classes of offenses) which provides that:
(1) A crime is a murder of the first degree
						or of the second degree if it is so designated or if a person convicted of
						criminal homicide may be sentenced to death or life imprisonment.
(2) A crime is a felony of the first degree
						if it is murder of the third degree or if it is so designated or if a person
						convicted thereof may be sentenced to a term of imprisonment, the maximum of
						which is more than ten years.
(3) A
						crime is a felony of the second degree if it is so designated or if a person
						convicted thereof may be sentenced to a term of imprisonment, the maximum of
						which is not more than ten years.
(4) A crime is a felony of the third degree
						if it is so designated or if a person convicted thereof may be sentenced to a
						term of imprisonment, the maximum of which is not more than 7 years, or if it
						is a crime declared to be a felony without specification of degree.
(5) A crime is a misdemeanor of the first
						degree if it is so designated or if a person convicted thereof may be sentenced
						to a term of imprisonment, the maximum of which is not more than 5
						years.
(6) A crime is a misdemeanor
						of the second degree if it is so designated or if a person convicted thereof
						may be sentenced to a term of imprisonment, the maximum of which is not more
						than 2 years, or if it is an offense declared by law to constitute a crime,
						without specification of the class thereof, if the maximum sentence does not
						make it a felony.
(7) A crime is a
						misdemeanor of the third degree if it so designated or if a person convicted
						thereof may be sentenced to a term of imprisonment, the maximum of which is not
						more than 1 year, or if it is a crime declared to be a misdemeanor, without
						specification of degree.
(8) An
						offense is a summary offense if it is so designated or if a person convicted
						thereof may be sentenced to a term of imprisonment, the maximum of which is not
						more than 90 days.
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 15.67 - Saving clause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Newly enacted statutes could often disrupt transactions
						already in progress. The saving clause preserves rights and duties that have
						already matured or proceedings that have already been begun. The repeal of a
						penal statute terminates all prosecutions under it. If this is not the purpose,
						or if the penal provisions are substantially reenacted by the repealing
						statute, pending prosecutions should be specifically saved. This is not
						necessary with respect to civil rights and proceedings which are preserved by
						the act (1 Pa.C.S. §§
													1962,
						1975,
						1976 and
						1978).
(b)
Form.
The form of the
						saving clause for repealed penal statutes may be in the following language,
						together with additional provisions necessary in the individual case: "The
						provisions of this act shall not affect any act done, liability incurred or
						right accrued or vested, or affect any suit or prosecution pending or to be
						instituted to enforce any right or penalty or punish any offense under the
						authority of any act or part thereof repealed by this 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 15.68 - Appropriations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
If the administration of a statute requires a special sum
						of money that will not be provided in a general appropriation bill or
						otherwise, an appropriation should be included. If the appropriation is to
						lapse on a certain date or upon the expiration of a specified period of time, a
						provision should be included to accomplish this purpose.
(b)
Form.
The appropriation
						provision may be in substantially the following form:
"The sum of $1,000,000, or as much thereof as may be
						  necessary, is hereby specifically appropriated to the Department of Revenue for
						  the fiscal year July 1, 1971 to June 30, 1972 to carry out the provisions of
						  this 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 15.69 - Severability clause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
A severability clause is not necessary and should not be
						used. The act (1 Pa.C.S. §
													1925) provides that the provisions of every
						statute shall be severable and that the valid provisions should be given effect
						unless the court finds that the valid provisions of the statute are so
						essentially and inseparably connected with, and so depend upon, the void
						provision or application, that it cannot be presumed the General Assembly would
						have enacted the remaining valid provisions without the void one; or unless the
						court finds that the remaining valid provisions, standing alone, are incomplete
						and are incapable of being executed in accordance with the legislative
						intent.
(b)
Form.
If a severability clause is used, it may be in substantially the following
						form:
"If any provision of this act or the application
						  thereof to any person or circumstances is held invalid, such invalidity shall
						  not affect other provisions or applications of the act which can be given
						  effect without the invalid provision or application, and to this end the
						  provisions of this act are declared to be severable."
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 15.70 - Nonseverability clause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
The nonseverability clause, which is rarely used, is
						included in a statute if the sponsor wants the entire statute to be declared
						invalid if any part of it is held unconstitutional or invalid. In the absence
						of such a clause, the statute will be construed to be severable.
(b)
Form.
A nonseverability
						clause may be in substantially the following form:
"The provisions of this act are declared to be
						  nonseverable. If any provision of this act or the application thereof to any
						  person or circumstances is held invalid, the remaining provisions or
						  applications of this act shall be void."
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 15.71 - Retroactivity clause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
If a statute is to apply retroactively, it is necessary
						to include a provision to achieve this effect. The act (1 Pa.C.S. §
													1926) provides that no statute shall be
						construed to be retroactive unless clearly and manifestly so intended by the
						General Assembly.
(b)
Form.
A retroactive provision may be in substantially the
						following form:
"This act shall take effect immediately and shall be
						  retroactive to January 1, 1973."
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 15.72 - Applicability provision

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
In certain cases it may be desirable to clearly identify
						in a separate provision of a statute persons or circumstances to which the act
						shall apply or not apply in whole or in part. In such case, a specific
						applicability provision may be used.
(b)
Form.
An applicability
						provision may be in substantially the following form:
(a) Except incidentally, as in sections 108,
						201, 210 and 211 of this act, this act does not apply to counties of the first
						or second classes.
(b) Except where
						otherwise specifically limited, this act applies to all counties of the third,
						fourth, fifth, sixth, seventh and eighth classes."
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 15.73 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
A statute that is silent as to when it is to take effect
						becomes effective, with certain exceptions in cases of appropriations or
						statutes affecting the budget of a political subdivision, 60 days after final
						enactment. If it is desirable to have the statute become effective prior or
						subsequent to that time, an effective date provision must be
						included.
(b)
Statutes
						effective immediately.
No statute should be made effective immediately
						unless there is an actual need that it should. Statutes imposing penalties or
						creating liabilities must not be made effective immediately. A period of at
						least ten days should be allowed for persons affected to become aware of the
						existence of the statute.
(c)
Form.
Effective date provisions may include variations of the
						following forms:
"This act shall take effect immediately."
"This act shall take effect July 1, 1973."
"This act shall take effect in 30
						  days."
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › REPEALS › Section 15.81 - Use and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
It may be necessary to repeal one or more statutes
						that conflict with the new statute. Repeals may be absolute or partial. A
						repeal without a special designation is always an absolute repeal. An entire
						statute or one or more sections or other designated subdivisions of a statute
						may be repealed absolutely.
(b)
Form.
A provision repealing an entire statute absolutely is
						usually in the following form:
"The act of July 10, 1919 (P. L. 903, No. 359),
						  entitled 'An act regulating the fees of notaries public,' is
						  repealed."
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › REPEALS › Section 15.82 - General repeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
A general repeal provision serves no useful purpose
						except possibly at the end of a list of specific repeals, where it may serve to
						prevent the application of the rule of "expressio unius est exclusio alterius"
						to a provision inadvertently not specifically cited for repeal.
(b)
Form.
A general repeal
						provision is usually in the following form:
"All acts and parts of acts are repealed in so far as
						  they are inconsistent herewith."
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › REPEALS › Section 15.83 - Partial repeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
A partial repeal is a repeal "as to" a specified agency
						or activity. The form "as much as relates to" or "as much as requires" or other
						similar indefinite expressions seeming to describe specific parts of the
						statute for absolute repeal should not be used.
(b)
Form.
A partial repeal
						provision is usually in the following form:
"The act of May 4, 1864 (P. L. 776, No. 668), entitled
						  'A further supplement to an act to enable the Governor to appoint notaries
						  public, and for other purposes therein mentioned,' is repealed as to
						  notaries."
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter B - STRUCTURE AND CONTENTS › REPEALS › Section 15.84 - Multiple repeals

Current through Register Vol. 54, No. 28, July 13, 2024
Where there are a number of different provisions to be
						  repealed, the repeal section will read, "The following acts and parts of acts
						  are repealed to the extent specified:" Each statute affected, whether the whole
						  of it or parts only, is cited in a separate paragraph in chronological order.
						  At the end of each citation appears the extent to which the provision is
						  repealed, "absolutely," "as to ..........," "except as to .........." or other
						  designation that best expresses the extent or limitation of the
						  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 › REPEALS › Section 15.85 - Repeal of amendatory statute

Current through Register Vol. 54, No. 28, July 13, 2024
An amendatory statute must never be repealed. The
						  amendment becomes a part of the statute amended. The repeal of an amendment
						  therefore repeals the provision it amended as well. If this is the purpose, the
						  original statute or part amended must be cited for repeal. If the purpose is to
						  do away with the amendment and restore the law as it was before it was amended,
						  the provision must be re-amended by removing added language and adding language
						  previously removed.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GENERAL › Section 15.91 - Rules of grammar

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Generally, the ordinary rules of grammar apply to
						legislative drafting except that in a few instances a departure from common
						usage is desirable.
(b)
Statutory construction.
The act (1 Pa.C.S. §
													1923) provides that grammatical errors shall
						not vitiate a statute.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GENERAL › Section 15.92 - Consistency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The same arrangement and form of expression should be
						used throughout the statute unless the meaning requires variation. Consistency
						helps to avoid having a different construction placed on similar
						provisions.
(b)
Words and
						phrases.
Because different words and phrases are presumed to refer to
						different things, do not use different words or phrases to denote the same
						thing. Conversely, because the same word or phrase is presumed to refer to the
						same thing each time it is used, do not use it to denote different
						things.
(c)
Structure.
Be consistent in approach as well as in the use of
						particular words. If two sections or minor subdivisions are similar in
						substance, arrange them similarly.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GENERAL › Section 15.93 - Brevity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
No unnecessary word must be used. The courts seek to
						give effect to every word. An unnecessary word may defeat the true purpose of a
						statute. If a word has the same meaning as a phrase, the word should be used.
						The shortest sentences which bring out the meaning intended should be used.
						Compound sentences should be avoided.
(b)
Technical and complicated
						subjects.
Simplicity and brevity should not, of course, be carried to
						an extreme. A technical subject cannot be treated without the use of some
						technical language. Care must be taken not to treat inadequately a complicated
						subject. Preciseness must not be sacrificed to simplicity. Be sure you say what
						you want to say and that it is neither too comprehensive nor too
						restricted.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GENERAL › Section 15.94 - Directness

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Positive expression.
Where the same idea can be accurately
						expressed either positively or negatively, express it positively. Do not say
						"Indigents other than those without children may" but say "Indigents with
						children may......."
(b)
Negative expression.
The negative form ("No person may.....,
						unless....") is appropriate, however, where the provision is intended to be
						mandatory (i.e., compliance is a condition precedent to the validity of the
						transaction). Conversely, do not use it in provisions that are intended to be
						only directory (i.e., compliance is not such a condition).
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GENERAL › Section 15.95 - Provisos

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
The use of provisos should be avoided. See section
						15.145 of this Title (relating to
						preferred expressions). "Provided, That" and "Provided, however, That" are much
						abused phrases. They are meaningless when used to introduce an additional
						provision that should be expressed by a direct statement. There is no special
						case that cannot be expressed equally well by a direct statement. They are
						often improperly used to introduce a new idea or a separate statement not
						necessarily connected with the preceding clause. They should be used only for
						introducing exceptions and qualifications to the preceding clause.
(b)
Statutory construction.
The act (1 Pa.C.S. §
													1924)
						provides that provisos shall be construed to limit rather than to extend the
						operation of the clauses to which they refer.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GENERAL › Section 15.96 - Limitations, exceptions and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
If a provision
						is limited in its application or is subject to an exception or condition, it
						will frequently promote clarity to begin the sentence with the limitation,
						exception, or condition, or with an expression calling attention to any
						limitation that follows. If limitations, exceptions or conditions apply to the
						whole statute they should be in a section at the beginning of the statute; if
						to a section, at the beginning of the section.
(b)
Form.
If the
						circumstances under which the rule is to apply can be stated briefly and
						simply, they should precede the rule itself. If there is a simple exception to
						the rule, place the exception at the end of the rule as follows: "This act
						applies to all persons except persons 65 years of age or older." However, if
						the circumstances in which the rule is to apply involve numerous contingencies
						or conditions, the general rule should be stated first and the conditions
						listed in tabular form or placed in a separate subsection stating the
						exceptions as follows:
"This act applies to all persons except:
(1) Persons 65 years of age or
						older.
(2) "Persons who have
						resided in the State for less than one year."
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GENERAL › Section 15.97 - Enumerations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Enumerations are dangerous both alone and following
						or preceding a general term. In most cases it is impossible to make an
						enumeration complete. In such cases the courts apply the rule "expressio unius
						est exclusio alterius" and refuse to apply the statute to something that would
						have been included if someone had thought of it in time. The enumeration
						preceding or following a general term brings the "ejusdem generis" rule into
						play and restricts the application of the statute to things similar to those
						enumerated even though the general term is of wider application. General terms
						alone should therefore be used in all cases without specific
						enumeration.
(b)
Form.
In a series, list, or other enumeration, introductory
						language that applies to more than one item named must apply to all. In an
						enumeration of items that are to be taken together, connect the last two items
						by "and." In an enumeration of items that are to be taken in the alternative,
						use "or." Sometimes it is hard to tell which is appropriate. The problem is to
						determine what, specifically, you are enumerating. In an enumeration of items
						that are to be taken both together and in the alternative, say "A or B, or
						both," if two items are involved (not "and/or"); or "one or more of the
						following:" if more than two items are involved. Thus the problem of whether to
						use "and" or "or" can sometimes be by-passed by using the tabular form with
						appropriate introductory language.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GENERAL › Section 15.98 - Dangling paragraphs

Current through Register Vol. 54, No. 28, July 13, 2024
A paragraph without designation should not be added at
						  the end of a section consisting of several paragraphs. This is sometimes
						  referred to as a "dangling paragraph." If it affects the last paragraph only,
						  it should be a part of the paragraph containing it; otherwise the provision
						  including the paragraphs should be made one subsection, and the added paragraph
						  a separate subsection. There are even times when a dangling paragraph should be
						  a separate section.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GRAMMAR › Section 15.111 - Tense

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A statute is regarded as constantly speaking. It
						speaks as of the time when it is read or applied. It must, therefore, be
						written in the present tense, except for stating a condition precedent to its
						operation, which should be phrased in the perfect tense if it is required to be
						completed before the statute applies. The use of the word "shall" in imposing a
						duty or prohibition does not indicate the future tense. Even where an action is
						required on a specified future date, the form of expression is not in the
						future tense. In speaking in the present, a circumstance which puts a provision
						of a statute in operation, if continuing to exist is in the present tense, if
						completed is in the perfect tense, but is never in the future or future
						perfect.
(b)
Statutory
						construction.
The act (1 Pa.C.S. §
													1902) provides that words used in the past or
						present tense shall include the future.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GRAMMAR › Section 15.112 - Mood

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The indicative rather than the subjunctive mood
						should be used in statutes. The subjunctive mood has no place in a statute
						since a statute deals with facts and not with hypothetical cases.
(b)
Use of "shall."
The word
						"shall" should not be used in a statute to state a legal result (false
						imperative) but should be used in mandatory statutes requiring a certain legal
						act.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GRAMMAR › Section 15.113 - Voice

Current through Register Vol. 54, No. 28, July 13, 2024
The active voice (e.g. "The board shall appoint a
						  director") should be used in statutes instead of the passive voice (e.g. "A
						  director shall be appointed by the board").
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GRAMMAR › Section 15.114 - Person

Current through Register Vol. 54, No. 28, July 13, 2024
The third person should be used in statutes rather than
						  the first or second person.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GRAMMAR › Section 15.115 - Number

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The singular should be used in a statute whenever
						possible rather than the plural.
(b)
Statutory construction.
The act (1 Pa.C.S. §
													1902)
						provides that the singular shall include the plural and the plural the
						singular.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › GRAMMAR › Section 15.116 - Gender

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The phrases "he or she" and "his or hers" should be
						avoided in a statute when referring to a person affected by a statute. The word
						"he" or "his" is preferred.
(b)
Statutory construction.
The act (1 Pa.C.S. §
													1902) provides that the masculine gender
						shall include the feminine and neuter.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.121 - U. S. Printing Style Manual

Current through Register Vol. 54, No. 28, July 13, 2024
Capitalization and punctuation should conform in
						  general to the most recent edition of the United States Government Printing
						  Office Style Manual.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.122 - Capitalization in general

Current through Register Vol. 54, No. 28, July 13, 2024
A departure from the ordinary rules of capitalization
						  is suggested for legislative drafting. In general, capitalize as little as
						  possible. The lower case is easier to read and easier to
						  write.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.123 - When to use capitalization

Current through Register Vol. 54, No. 28, July 13, 2024
Capitalization should be used in the following
						  circumstances:
(1) The initial word in
						a sentence.
(2) The initial word in
						enumerations set out as separate paragraphs which end in a period.
(3) Months and days of the week.
(4) The word state, county, city, borough,
						town and township when used as part of a proper name (e.g. Dauphin
						County).
(5) The word or phrase
						Pennsylvania, Commonwealth, Federal Government and United States.
(6) Names of specific persons (Charles M.
						Smith), places (Blue Ridge Mountains), historic events (World War II) and
						holidays (Christmas Day).
(7) Short
						titles and popular names of statutes (Securities Act).
(8) The word part or other major subdivision
						designation when accompanied by the part or major subdivision number.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.124 - When not to use capitalization

Current through Register Vol. 54, No. 28, July 13, 2024
Capitalization should not be used in the following
						  circumstances:
(1) The initial word in
						enumerations set out as separate paragraphs which end in a semicolon.
(2) A word indicating a geographic location
						(northern Pennsylvania).
(3)
						References to official agencies (department) or officers (secretary) unless
						accompanied by the full title of such agency (Department of Revenue) or officer
						(Secretary of Revenue).
(4) The
						word act, statute, section or name of minor subdivision.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.125 - Punctuation in general

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A statute must be punctuated carefully since it may
						be relied upon by the courts in interpreting statutes. A sentence should be
						rearranged if a change in punctuation might change its meaning.
(b)
Statutory construction.
The act (1 Pa.C.S. §
													1923)
						provides that in no case shall the punctuation of a statute control or affect
						the intention of the General Assembly in the enactment thereof unless the
						statute was finally enacted after December 31, 1964.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.126 - Commas

Current through Register Vol. 54, No. 28, July 13, 2024
The following are guidelines for the use of
						  commas:
(1) If a sentence consists of
						two independent clauses, each with subject and predicate, use a comma before
						the conjunction.
(2) If the second
						part of a sentence has no subject, a comma is unnecessary unless required for
						clarity.
(3) Enclose a
						parenthetical phrase or clause with two commas.
(4) Words, phrases, or clauses in a series
						are separated by commas.
(5) The
						use of the comma before the conjunction connecting the last two members of a
						series is preferable, but the comma may be omitted unless required for
						clarity.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.127 - Semicolons

Current through Register Vol. 54, No. 28, July 13, 2024
The following are guidelines for the use of
						  semicolons:
(1) Use the semicolon
						between two main clauses not joined by one of the simple co-ordinating
						conjunctions (and, but, or, nor, for).
(2) Use the semicolon to separate two or more
						co-ordinate elements, one or both of which contain commas.
(3) Use the semicolon at the end of
						enumerations in separate paragraphs which take the form of a sentence and are
						either in the conjunctive or disjunctive.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.128 - Colons

Current through Register Vol. 54, No. 28, July 13, 2024
The following are guidelines for the use of
						  colons:
(1) Use the colon to introduce
						a series in tabular form or otherwise.
(2) Use the colon to introduce a long
						quotation.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.129 - Parentheses

Current through Register Vol. 54, No. 28, July 13, 2024
Parentheses are generally frowned upon, but they are
						  sometimes more reliable than commas in setting off a phrase where there is
						  possible uncertainty as to how the ideas that follow the phrase are linked to
						  the ideas that precede it.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › CAPITALIZATION AND PUNCTUATION › Section 15.130 - Quotation marks

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use.
Quotation marks should not be overused. In legislative
						drafting quotation marks are usually used only to enclose:
(1) Titles or texts of statutes referred to
						or incorporated by reference.
(2)
						Defined words or phrases.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › WORDS AND PHRASES › Section 15.141 - Choice of words and phrases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The objective in legislative drafting is to make the
						final product as precise and understandable as possible. There are hundreds of
						expressions, legal and otherwise, that can be simplified. The choice of words
						is important. They should be plain and well understood. Well turned phrases are
						effective in lawyers' briefs and in court opinions, but have no place in
						statutes. Language which is peculiarly limited to legal diction should be
						avoided in favor of ordinary and common phraseology, if the popular words
						convey the meaning equally well.
(b)
Guidelines.
In drafting
						statutes, the following general guidelines should be followed:
(1) Select short, familiar words and phrases
						that best express the intended meaning according to common and approved
						usage.
(2) Never use a long word
						where a short one will do.
(3) If
						it is possible omit a word and preserve the desired meaning, always omit the
						word.
(4) Never use a foreign
						phrase, a scientific word, or a jargon word if an everyday English equivalent
						can be used.
(5) Use the same word
						throughout if the same meaning is intended and do not use the same word to
						denote different meanings.
(6)
						Avoid the use of indefinite terms, such as "reasonable" that invite litigation
						but supply a definite standard or vest discretion in a designated official
						where it is appropriate.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › WORDS AND PHRASES › Section 15.142 - Articles and adjectives

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Articles.
Consistent use of the articles "a" or "an" will
						result in smoother writing and more precise expression. "A person who violates"
						is preferred to "any person who violates," "each person who violates," or "all
						persons who violate."
(b)
Demonstrative adjectives.
Although the word "such" is commonly
						used in legislation as a demonstrative adjective (i.e., as a word pointing at a
						particular person, object, or entity already referred to), this use is
						undesirable because it is improper under general writing standards, it is a
						stilted way of saying something better expressed by "that," "the," "those,"
						"it," "them," etc., and it is easily confused with the more appropriate uses of
						the word. Likewise, the words "said," "aforesaid," "hereinabove,"
						"beforementioned," "whatsoever," or similar words of reference or emphasis
						should be avoided.
(c)
Pronominal indefinite adjectives.
Use adjectives such as
						"each," "every," "any," "all," "no," and "some" (technically known as
						"pronominal indefinite adjectives") only where necessary. If the subject of the
						sentence is plural, it is almost never necessary to use such an adjective
						(e.g., "Qualified State officers shall ....."; "Qualified State officers may
						not....."). If the subject of the sentence is singular, use the pronominal
						indefinite only when the article "a" or "the" is inadequate, as when the use of
						"a" would allow the unintended interpretation that the obligation is to be
						discharged (or the privilege exhausted) by applying it to a single member of
						the class instead of to all of them. If it is necessary to use a pronominal
						indefinite, follow these conventions:
(1) If a
						right, privilege, or power is conferred, use "any" (e.g., "Any qualified State
						officer may......").
(2) If an
						obligation to act is imposed, use "each" (e.g., "Each qualified State officer
						shall.....").
(3) If a right,
						privilege, or power is abridged, or an obligation to abstain from acting is
						imposed, use "no" (e.g., "No qualified State officer may.....").
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › WORDS AND PHRASES › Section 15.143 - "Shall" and "may

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Function of statute.
The principal functions of a statute are
						to:
(1) Create.
(2) Impose a duty or obligation.
(3) Prohibit.
(4) Confer a right, power or
						privilege.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › WORDS AND PHRASES › Section 15.144 - Expressions to be avoided

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Forbidden words.
Avoid the following terms altogether:
above (as an adjective)
said (as a
									 substitute for "the," "that," or "those")
aforesaid
afore-mentioned
same (as a substitute
									 for "it," "he," "him," etc.)
and/or
before-mentioned
to wit
herein
whatsoever
hereinafter
whensoever
hereinbefore
wheresoever
provided that
(b)
Pairs of words having same
						effect.
Avoid the following pairs of words having the same effect:
authorize and empower
each and all
by and with
each and every
final and conclusive
order and
									 direct
from and after
over and above
full and complete
sole and exclusive
full force and effect
type and kind
made and entered into
unless and until
null and void
(c)
Pairs of words having different
						effect.
Avoid the following pairs of words one of which includes the
						other and use the broader or narrower terms as the substance requires:
any and all
desire and require
authorize and direct
means and includes
by and under
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › WORDS AND PHRASES › Section 15.145 - Preferred expressions

Current through Register Vol. 54, No. 28, July 13, 2024
Unless there are special reasons to the contrary, the
						  following expressions should be avoided or used as indicated:
Avoid
Use
it is directed
shall
it is the duty
shall
is authorized
may
is empowered
may
it shall be lawful
may
accorded
given
afforded
given
prior to
before
subsequent to
after
at the time
when
hereafter
after this act takes effect
heretofore
before this act takes effect
period of time
period, time
during such time as
while
during the course of
during
for the duration of
during
until such time as
until
forthwith
immediately
per annum, per day, per foot
a year, a
									 day, a foot
per centum
percent
pursuant to
under
under the provisions of
under
provision of law
law
effectuate
carry out
and/or
"either X or Y or both of them"
									 or "X and Y or either of them"
is able to
can
is unable to
cannot
feasible
possible
the Congress
Congress
law passed
law enacted
approximately
about
expend
spend
enter into a contract with
contract
									 with
is binding upon
binds
donate
give
modify
change
provided, further; provided, however; provided
									 that
"except," "but" or "however" or start a new sentence
provided (conjunction)
"if" or "but"
every person, all persons
a person
null and void
void
constitute and appoint
appoint
is applicable
applies
fail, refuse or neglect
fail
is able to
can
is unable to
cannot
effectuate
carry out
be and the same is hereby
is
is defined and shall be construed to
									 mean
means
means and includes
"means" or
									 "includes" as required
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › NUMBERS, DATES, TIME AND AGE › Section 15.151 - Numbers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The numbers ten and under, when not used in a
						citation, date, monetary amount, percentage, or similar quantity, are expressed
						in words only in running text. The number 11 and larger and numbers used in
						citations, dates, monetary amounts, percentages, and similar quantities are
						expressed in figures only.
(b)
Exceptions.
The numbers 11 and larger are expressed in words
						when used at the beginning of a sentence and the numbers ten and under are
						expressed in figures when set forth in tabular form or when used in combination
						with other numbers one of which is 11 or larger.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › NUMBERS, DATES, TIME AND AGE › Section 15.152 - Money, percentages and measurements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Money and percentages.
Monetary sums and percentages are expressed in figures only as follows:
12%
25 1/2%
30¢
$10
$2,500,000
$5.30
(b)
Measurements.
Measurements are expressed in figures as follows:
1 1/2 miles
6 acres
90 gallons
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › NUMBERS, DATES, TIME AND AGE › Section 15.153 - Time and age

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time.
Time is expressed in figures as follows:
9:30 a.m.
4:30 p.m.
10 p.m.
12 noon
12 midnight
(b)
Age.
Age is expressed in
						figures in accordance with the following guidelines:
(1) A person attains a given age on the day
						preceding his birthday.
(2) Where
						the age referred to is to be included, use "18 years of age or older" and not
						"over 18 years of age."
(3) Where
						both ages referred to are to be included, use "18 years of age or older and 50
						years of age or under" and not "between the ages of 18 and 50."
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part I - LEGISLATIVE REFERENCE BUREAU › Subpart C - LEGISLATIVE DRAFTING MANUAL › Chapter 15 - STATUTES › Subchapter C - STYLE AND LANGUAGE › NUMBERS, DATES, TIME AND AGE › Section 15.154 - Dates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Dates are expressed in figures as follows:
June 1956
June 1, 1956
June 1 (not "June first" or "first day of June")
(b)
Period of
						time.
When specifying a period of time, make clear what the first and
						last days are. For example, a period of time that begins July 1, 1961 and ends
						June 30, 1962 should be expressed "after June 30, 1961 and before July 1, 1962"
						and not "from July 1, 1961 to June 30, 1962" or "between July 1, 1961 and June
						30, 1962."
(c)
Terms of
						reference.
Since a statute is considered to be continuously speaking,
						do not use words like "now," "present," "already," "heretofore," or "hereafter"
						to relate events to the time when the law takes effect. Relate them expressly
						to that event ("when this act takes effect," "before this act takes effect,"
						etc.). When used to fix the beginning or end of a period, the word "time" is
						liable to be construed as referring to the exact time during the day or night
						when the event occurs. If you intend that the period is to be measured in whole
						days only, say "day" instead of "time."