Subchapter C. ELIMINATION OF UNNECESSARY MATTER
Sec.
21.31. General considerations.
21.32. Provisions supplied and impliedly repealed by later statute.
21.33. Provisions superseded by general statute.
21.34. Provision contained in Administrative Code.
21.35. Obsolete statutes.
21.36. Use of history of amendment and citation.§ 21.31. General considerations.
The size and complexity of a revision bill frequently may be minimized by omitting statutory provisions which are no longer required. This subchapter sets forth examples of the more common instances where the reenactment of a statutory provision is unnecessary, but it is not intended as an exclusive enumeration of such cases.
§ 21.32. Provisions supplied and impliedly repealed by later statute.
(a) Background.—Specific repeals of prior statutory provisions did not come into general use until after about 1900. Prior to that time primary reliance was placed on the rule of construction now embodied in 1 Pa.C.S. § 1971 (relating to implied repeal by later statute) to the effect that whenever a later 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 later statute shall be construed to supply and therefore to repeal all former statutes on the same subject. Sometimes a modern code will not contain exhaustive specific repealers, instead relying in whole or in part on the rule of 1 Pa.C.S. § 1971. The following is exemplary:
(1) Eminent Domain Code.—The Eminent Domain Code (26 P. S. § 1-101 et seq.) provides a complete procedural system for the condemnation of property, but specifically repealed only a few statutes on the subject. A revision of a general statute, such as the Borough Code, may now omit all references to procedures for condemnation of property.
(2) Public Works Contractors’ Bond Law of 1967.—The Public Works Contractors’ Bond Law of 1967 (8 P. S. § 191 et seq.) provides a complete system governing the requirements of bonds to be furnished by contractors in the prosecution of any public building or other public work or improvement, including road work, but did not specifically repeal absolutely any statutes on the subject. A revision may now omit all reference to contractor bonding procedures.
(3) Commonwealth Documents Law.—The Commonwealth Documents Law (45 P. S. § 1101 et seq.) and 45 Pa.C.S. § 501 et seq. provides a complete system governing the adoption, publication and effectiveness of Commonwealth administrative and other regulations and statements of policy, but specifically repealed only a few statutes on the subject. A revision may now omit all reference to procedures relating to the adoption, publication and effectiveness of such documents.
(b) General Rule.—When drafting a revision which encompasses prior statutory provisions which have been supplied and hence repealed by a subsequent general statute, the superseded language is omitted. Reference should also be made to § 23.111 (relating to cross references to supplying or superseding statutes) for rules governing cross references to the subsequent general statute.
(c) Effect of subsequent reenactment of supplied provisions.—The implied repeal of a prior statutory provision by a subsequent general statute ordinarily will not result in the deletion of the repealed provision from the prior statute as printed in Purdon’s Statutes. Thus, when the prior statute as a whole is expressly repealed and reenacted by a third statute at a date subsequent to the enactment of the general statute, the provisions impliedly repealed by the general statute are sometimes inadvertently reenacted in full in the third statute. However, under the rule of construction now embodied in 1 Pa.C.S. § 1963 (relating to effect of reenactment on intervening statutes) the reenactment of the prior statute as a whole does not effect the general statute, and the repeal effected by the general statute is construed as a repeal of the corresponding provisions of the third statute, notwithstanding the fact that the third statute is latest in time. The same conclusion follows also from the rules of construction now embodied in 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes) and 1 Pa.C.S. § 1962 (relating to repeal and reenactment). Therefore, when drafting a revision which encompasses the third statute, the statutory provisions of the third statute covered by the subject matter of the general statute are omitted as having been previously repealed by the general statute.
Cross References This section cited in 101 Pa. Code § 21.33 (relating to provisions superseded by general statute); 101 Pa. Code § 21.34 (relating to provision contained in Administrative Code); and 101 Pa. Code § 23.111 (relating to cross references to supplying or superseding statutes).
§ 21.33. Provisions superseded by general statute.
(a) Background.—When the same issue of policy or procedure recurs with sufficient frequency a statute is sometimes enacted which, while not a general statute in the same sense that it is intended to supply and repeal prior statutes on the same subject, as discussed in § 21.32 (relating to provisions supplied and impliedly repealed by later statutes), is intended to establish a general rule which may be relied upon to simplify the drafting of future statues. The following is exemplary:
(1) Administrative Agency Law.—The Administrative Agency Law, 2 Pa.C.S. § 701 et seq., provides a complete procedural system for the taking of appeals to the Commonwealth Court from the action of Commonwealth agencies which are not appealable under a specific statute. See also 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).
(2) Local Agency Law.—The Local Agency Law, 2 Pa.C.S. § 751 et seq., provides a complete procedural system for the taking of appeals to the local court of common pleas from the actions of agencies of political subdivisions which are not appealable under a specific statute. See also 42 Pa.C.S. § 933 (relating to appeals from government agencies).
(b) General rule.—When drafting a revision which encompasses statutory provisions which deal with the same subject matter as a nonexclusive, but nevertheless complete, general statute, the duplicating provisions are omitted from the revision. Reference should also be made to § 23.111 (relating to cross references to supplying or superseding statutes) for rules governing cross references to the general statute.
Cross References This section cited in 101 Pa. Code § 23.111 (relating to cross references to supplying or superseding statutes).
§ 21.34. Provision contained in Administrative Code.
(a) Background.—Prior to The Administrative Code of 1923 no general statute on the organization of the Commonwealth government existed. The Administrative Code of 1923 was drafted and held constitutional (see Commonwealth ex rel. Attorney General v. Snyder, 279 Pa. 234 (1924)) on the theory that the statute did not vest any substantive governmental authority in the executive branch, but merely specified which department, board or commission was thereafter to exercise authority vested in the executive branch by other statutes, which other statutes continued in operation except as to the specification of the identity of the administering agency. This result was required by section 3 of Article III of the Constitution of Pennsylvania as in effect prior to the Constitutional Amendment of May 16, 1967. Thus, the absolute repeal of a pre-1923 statutory provision terminates the function notwithstanding the continuation of the same statutory language in the Administrative Code. For example, a statute is enacted in 1907 conferring jurisdiction on the Water Supply Commission of Pennsylvania to approve charters for water companies. The Administrative Codes of 1923 and 1929 recite that the Water and Power Resources Board shall, inter alia, exercise the powers vested in the Water Supply Commission of Pennsylvania with respect to approval of water company charters. A statute is enacted in 1939 repealing absolutely the 1907 act and substituting a scheme of water rights regulation wholly independent of corporate charters. The functions of the Water and Power Resources Board with respect to approval of charters for water companies are terminated, notwithstanding the continued existence of the Administrative Code language. A statute is enacted in 1970 transferring the functions, inter alia, of the Water and Power Resources Board with respect to approval of charters for water companies to the Department of Environmental Resources. The purported transfer does not revive the power over water company charters. Reference should also be made to § 21.32(c) (relating to effect of subsequent reenactment of supplied provisions).
(b) General rule.—When drafting a revision which encompasses pre-1927 statutory provisions which have been expressly repealed, or supplied and hence impliedly repealed, the repealed or supplied language is omitted notwithstanding the fact that similar or identical language is contained in the Administrative Code. Such similar or identical Administrative Code language is cited for absolute repeal as obsolete in the revision bill repealer.
(c) 1927 and later amendments to the Administrative Code.—The rule set forth in subsection (b) is not necessarily applicable to a power vested in the executive branch by any of the 1927 amendments to The Administrative Code of 1923 or any amendment to The Administrative Code of 1929.
§ 21.35. Obsolete statutes.
(a) Background.—Statutory provisions are sometimes enacted to require or encourage a social change, which thereafter becomes an accepted and unquestioned part of the foundation of our governmental or social system. When that point has been reached it is no longer necessary to continue the statute in force. Thus, 1 Pa.C.S. § 1978 (relating to repeal as obsolete does not affect substantive rights) 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 does not revive the prior inconsistent common law rule, but the repeal is to 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, that is, nonstatutory law of this Commonwealth. For example, a statute is enacted in 1919 providing that women, married and single, shall have the same rights as men to be incorporators, stockholders, officers and directors of corporations for profit. The provision is incorporated into the Business Corporation Law and the Banking Code of 1933, and the 1919 statute is repealed as to such corporations. The provision is omitted as obsolete from the Banking Code of 1965 and is repealed as obsolete from the Business Corporation Law in 1968. The equal rights of women in business and banking corporations are a part of the common law of this Commonwealth.
(b) General rule.—When drafting a revision which encompasses prior statutory civil provisions which merely state obvious principles of law which would be incontestable in modern society even in the absence of the statutory provision, the unnecessary language is omitted as obsolete.
§ 21.36. Use of history of amendment and citation.
Where a statutory provision is performing an active function there is an increased likelihood that it will be either cited in a judicial decision or amended by the General Assembly. Thus the failure of a statute to be either cited or amended during the 30-40 year period prior to the drafting of the revision should alert the drafting attorney to the possibility that the provision may be omitted. Under 1 Pa.C.S. § 1973 (relating to no implied repeal by nonuser) the mere failure to use a statutory provision does not affect its validity. The question is whether the failure to cite the statutory provision results from the fact that the provision has been supplied, and thus repealed, by another later statute on the same subject; or that the provision is obsolete.
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