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Pennsylvania Code



Subchapter C. TABLES AND SOURCE NOTES


SOURCE NOTES

Sec.


25.51.    Preparation of source notes.
25.52.    Content and form of source notes.
25.53.    Interpretation of source notes.
25.54.    Location and status of source notes.
25.55.    Updating and printing of source notes.

PARALLEL TABLES


25.61.    Parallel tables to text.
25.62.    Parallel tables to repealers.

Cross References

   This subchapter cited in 101 Pa. Code §  23.111 (relating to cross references to supplying or superseding statutes).

SOURCE NOTES


§ 25.51. Preparation of source notes.

 (a)  Background.—The General Assembly, in considering a revision bill, ordinarily desires to concentrate its attention on those features of the bill which may effect a change in the law as in effect prior to the enactment of the revision bill. For this reason it is important that each section of a revision bill be accompanied by an appropriate source note.

 (b)  General rule.—In preparing a revision bill, adequate working papers should be maintained to enable the preparation of accurate source notes with respect to each section of the revision bill.

§ 25.52. Content and form of source notes.

 (a)  Content.—The source notes shall consist of the following elements in the order specified:

   (1)  The Pa.C.S. citation of the new section, followed by a colon, all of which shall be underscored.

   (2)  If the provision is based upon a prior statute, one of the following phrases followed by the citation of the source statute:

   Reenactment of .....

   Substantially a reenactment of .....

   Derived from .....

   (3)  If the provision is entirely new, the word ‘‘New’’ and, if appropriate, the phrase ‘‘Patterned after.....’’ followed by the citation of statute which formed the model for the new provision.

   (4)  If any of the statutes cited pursuant to paragraphs (2) and (3) are published in Purdon’s Statutes or a similar code, the parallel citation to the statutes in that code.

 (b)  Form.—Source notes shall be in the following form:

 2 Pa.C.S. §  303: Substantially a reenactment of act of July 31, 1968 (P. L. 695, No. 230), §  203 (45 P. S. §  1203).

 (c)  Manner of listing.—Source notes are listed sequentially by title and section, beginning with the lowest numbered title and section.

 (d)  Order of citing statutes.—Where two or more statutes are referred to in a source note relating to a particular section or subdivision thereof, the statutes shall appear in chronological order of final enactment.

§ 25.53. Interpretation of source notes.

 (a)  Reenactment.—The term ‘‘Reenactment of . . . . .’’ when used in a source note implies that the text of the provision in the revision bill is identical with the text of the prior statute, except for purely formal changes such as the substitution of the term ‘‘subchapter’’ for the term ‘‘act,’’ substitution of cross reference language to reflect renumbering, addition of section and subsection headings and the like.

 (b)  Substantially a reenactment.—The term ‘‘Substantially a reenactment of . . . . .’’ when used in a source note implies that, although the text of the provision in the revision bill has been rewritten, the effect of the provision is substantially the same as that of the prior statute.

 (c)  Derived.—The term ‘‘Derived from . . . . .’’ when used in a source note implies that the provision in the revision bill constitutes a revision of the prior statutes on the same subject, and may effect significant changes in the content of the prior law.

 (d)  Patterned.—The term ‘‘Patterned after . . . . .’’ when used in a source note implies that the provision in the revision bill is new, and has been based, in whole or in part, upon the cited source.

§ 25.54. Location and status of source notes.

 (a)  Location.—The source notes appear at the end of the bill under the heading ‘‘SOURCE NOTES’’ accompanied by a reference to the printer’s number of the bill through which the source notes were updated together with a reference to the particular agency, if any, which prepared the source notes.

SOURCE NOTES
Prepared by Pennsylvania Bar Association
(Based on Original Printer’s No.)
or
(Updated Through Printer’s No. 1770)

 (b)  Status.—Source notes are unofficial in the sense that they do not constitute part of the law. However, following enactment of the bill, the courts will certainly consult the source notes in construing pertinent provisions of the Statutes.

§ 25.55. Updating and printing of source notes.

 (a)  Updating.—Source notes will usually only be printed in the original print of the bill. However, if they are amended to conform to amendments to provisions of the bill, either the entire source notes as amended or the particular source notes as amended will be included in the new print of the bill.

 (b)  Printing.—When the bill is enacted, the source notes will be omitted from the statute when printed but will be provided to the publisher of Purdon’s Statutes and will be retained by the Bureau and the Legislative Data Processing Center in its compilations of the titles of the Statutes.

PARALLEL TABLES


§ 25.61. Parallel tables to text.

 Two sets of parallel tables should be prepared from the revision bill and the accompanying source notes:

   (1)  New text to old text.—A table arranged according to Pa.C.S. section numbers, setting forth the Purdon’s Statutes or other citations of the statutes upon which the respective Pa.C.S. sections are based. The source notes may constitute this table.

   (2)  Old text to new text.—A table arranged according to the Purdon’s Statutes or other citations of the statutes upon which the text of the revision bill is based, setting forth the respective Pa.C.S. section numbers of the resulting text.

§ 25.62. Parallel tables to repealers.

 Statutes are ordinarily set forth chronologically in the repealer provisions of a revision bill. Therefore, a table, arranged according to the statutory provisions cited for repeal in the repealer provisions should be prepared setting forth the following in three columns, usually running from left to right:

   (1)  The citation to the paragraph of the repealer provision which cites the prior law for repeal.

   (2)  The Purdon’s Statutes citation of the prior law to be repealed.

   (3)  The Pa.C.S. citation of the corresponding provision of the revision bill which results from the provision of the prior law to be repealed, or, if the prior law has been omitted from the revision bill, the word ‘‘obsolete’’ or other indication of the basis for the omission.



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