Subchapter B. STRUCTURE AND CONTENTS
GENERAL Sec.
15.21. Description of original enactment.
15.22. Use of existing statutes and bills.
15.23. Importance of arrangement of material.
15.24. Prescribed arrangement of material.
15.25. Enacting clause.
TITLE
15.31. Constitutional requirement.
15.32. Use in statutory construction.
15.33. Location and structure.
15.34. Expression of subject.
15.35. Inclusion of details.
15.36. Time of preparation.
SUBDIVISIONS, NUMBERING AND HEADINGS
15.41. Use of headings in statutory construction.
15.42. System of division of statute.
15.43. System of numbering divisions.
15.44. Chapters.
15.45. Subchapters.
15.46. Sections.
15.47. Subsections.
15.48. Paragraphs and subparagraphs.
15.49. Clauses and subclauses.
PARTICULAR PROVISIONS
15.61. Preamble.
15.62. Table of contents.
15.63. Short title.
15.64. Declaration of purpose.
15.65. Definitions.
15.66. Offenses and penalties.
15.67. Saving clause.
15.68. Appropriations.
15.69. Severability clause.
15.70. Nonseverability clause.
15.71. Retroactivity clause.
15.72. Applicability provision.
15.73. Effective date.
REPEALS
15.81. Use and scope.
15.82. General repeal.
15.83. Partial repeal.
15.84. Multiple repeals.
15.85. Repeal of amendatory statute.
GENERAL
§ 15.21. Description of original enactment.
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.
§ 15.22. Use of existing statutes and bills.
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.
§ 15.23. Importance of arrangement of material.
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.
§ 15.24. Prescribed arrangement of material.
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.
§ 15.25. Enacting clause.
(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.
TITLE
§ 15.31. Constitutional requirement.
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.
§ 15.32. Use in statutory construction.
The act (1 Pa.C.S. § 1924) provides that the title of a statute may be considered in the construction thereof.
§ 15.33. Location and structure.
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.
§ 15.34. Expression of subject.
(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.’’
§ 15.35. Inclusion of details.
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.
§ 15.36. Time of preparation.
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.
SUBDIVISIONS, NUMBERING AND HEADINGS
§ 15.41. Use of headings in statutory construction.
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.
§ 15.42. System of division of statute.
(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.
§ 15.43. System of numbering divisions.
(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)
§ 15.44. Chapters.
(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.
§ 15.45. Subchapters.
(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.
§ 15.46. Sections.
(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.
§ 15.47. Subsections.
(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).
§ 15.48. Paragraphs and subparagraphs.
(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.
§ 15.49. Clauses and subclauses.
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.
PARTICULAR PROVISIONS
§ 15.61. Preamble.
(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.
§ 15.62. Table of contents.
(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.
§ 15.63. Short title.
(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’.’’
§ 15.64. Declaration of purpose.
(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.’’
§ 15.65. Definitions.
(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.
(b) Precautions. A word should not be defined to mean something wholly foreign to its dictionary meaning or to include substantive provisions. In referring to defined words, the defined word and not the definition should be used.
(c) Statutory construction and definitions. The act (1 Pa.C.S. § § 1901—1910) contains various rules for construing words and phrases and (1 Pa.C.S. § 1991) defines words and phrases used in statutes enacted finally on or after September 1, 1937 which apply unless the context of the statute under consideration clearly indicates otherwise.
(d) Form. Definition provisions are usually in the following form:
‘‘The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
‘‘Action.’’ Any suit or proceeding in any court of this Commonwealth.
‘‘Administrator.’’ ‘‘A fiduciary appointed under authority of law by a register of wills or court to administer the estate of a decedent.’’
§ 15.66. Offenses and penalties.
(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.
(b) Penalties for offenses. The act (18 Pa.C.S. § § 1101—1105) provides that persons convicted of offenses may be sentenced to imprisonment and to pay a fine not exceeding the following maximum time or amounts (unless a higher or lower time or amount is specifically prescribed by statute):
(1) Murder of the first degree Mandatory death or life imprisonment (2) Murder of the second degree. Mandatory life imprisonment (3) Felony of the first degree 20 years — $25,000 (4) Felony of the second degree. 10 years — $25,000 (5) Felony of the third degree. 7 years — $15,000 (6) Misdemeanor of the first degree. 5 years — $10,000 (7) Misdemeanor of the second degree. 2 years — $5,000 (8) Misdemeanor of the third degree. 1 year — $2,000 (9) Summary Offense 90 days — $300 (c) Use. If a violation of a statute is to constitute an offense or result in a penalty, a section or other provision should be devoted to setting forth the classification of the offense and, if necessary, the penalty.
(d) Form. Except when a minimum or different term of imprisonment or fine is intended for the particular offense, when defining an offense it is sufficient merely to classify it without setting forth the sentence of imprisonment or payment of a fine in the following form:
‘‘A person violating this act is guilty of a misdemeanor of the third degree.’’
§ 15.67. Saving clause.
(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.’’
§ 15.68. Appropriations.
(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.’’
§ 15.69. Severability clause.
(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.’’
§ 15.70. Nonseverability clause.
(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.’’
§ 15.71. Retroactivity clause.
(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.’’
§ 15.72. Applicability provision.
(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.’’
§ 15.73. Effective date.
(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.’’
REPEALS
§ 15.81. Use and scope.
(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.’’
§ 15.82. General repeal.
(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.’’
§ 15.83. Partial repeal.
(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.’’
§ 15.84. Multiple repeals.
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.
§ 15.85. Repeal of amendatory statute.
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.
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