Subchapter C. RULES OF STYLE
STYLE GENERALLY Sec.
23.101. Punctuation, capitalization and orthography.
23.102. Geographic names.
23.103. Use of words or figures to express numbers.
23.104. Enumeration in running text.
23.105. References to Commonwealth.
23.106. References to Constitution of Pennsylvania.
23.107. References to Legislature.
23.108. References to pamphlet laws.
23.109. References to United States Government.
23.110. Conferring powers and imposing duties.
23.111. Cross references to supplying or superseding statutes.
23.112. Introduction of definitions.
23.113. References to repealed statutes.
23.114. Defining offenses.
23.115. Preambles.
USE OF GOVERNMENTAL DEFINITIONS
23.221. Governmental definitions.
23.222. Commonwealth government.
23.223. Executive department.
23.224. Executive establishment.
23.225. Government agency.
23.226. Political subdivision.
23.227. Municipality.
23.228. Municipal corporation.
23.229. All government units.
STYLE GENERALLY
§ 23.101. Punctuation, capitalization and orthography.
(a) General rule.—Punctuation, capitalization, orthography and other matters of style shall conform in general to the most recent edition of the United States Government Printing Office Style Manual. Note that although the terms ‘‘part,’’ ‘‘article,’’ ‘‘chapter’’ and other major subdivisions are capitalized in the Pennsylvania Code, they are not capitalized in the Statutes unless forming a part of a heading or a cross reference to a specific heading.
(b) Prepositional phrase preferred.—Whenever possible without undue awkwardness, a prepositional phrase rather than a possessive noun is used. For example, ‘‘The rights of each employee shall be protected,’’ not ‘‘Each employee’s rights shall be protected.’’
(c) Spelling of employee.—The word ‘‘employee’’ is spelled as such and not ‘‘employe.’’
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.102. Geographic names.
(a) Topographic features in Commonwealth.—Section 2804-A of the Administrative Code (71 P. S. § 718-1) provides that every department, board or commission shall, in preparing or publishing maps, reports or other documents showing or referring to any mountain, river, creek or other topographic feature in this Commonwealth, designate such feature by and only by such name as has been adopted therefor by the Pennsylvania Historical and Museum Commission.
(b) Topographic features outside Commonwealth.—The spelling and usage of topographic features outside this Commonwealth shall conform to the most recent official decisions of the United States Board on Geographic Names established pursuant to the act of July 25, 1947 (61 Stat. 456, 43 U.S.C. § 364a).
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.103. Use of words or figures to express numbers.
(a) General rule.—The numbers ten and under, when not used in a citation, date, reference to age, 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, references to age, 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 at least one of which is 11 or larger.
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.104. Enumeration in running text.
(a) General rule.—The style and punctuation of enumerations in running text shall conform to the following rules:
(1) All items in the tabulated enumeration shall belong to the same class, that is, the enumeration must have a common theme or thread.
(2) Each item in the tabulated enumeration shall be responsive, in substance and in form, to the introductory language of the enumeration (the material immediately preceding the colon).
(3) If the sentence of which the tabulated enumeration is a part continues beyond the end of the enumeration, the part of the sentence that follows the enumeration must be appropriate to each item.
(4) All of each item in the enumeration shall be indented.
(5) Material immediately preceding or following the enumeration shall not be indented unless it marks the beginning of a paragraph.
(6) If the tabulated material takes the form of a sentence in which the enumeration is an integral part, each item shall begin with a small letter and end with a semicolon, except that:
(i) The penultimate item should end with a semicolon followed by an ‘‘and’’ or an ‘‘or’’.
(ii) If the last item ends the sentence, it should end with a period.
(7) If the tabulated material takes the form of a simple list following a sentence that is otherwise complete, each item shall begin with a capital letter and end with a period. No ‘‘and’’ or ‘‘or’’ follows the penultimate item.
(b) Preferred form.—Unless the meaning would be unclear, the preferred form for enumerations is to begin each enumeration with a capital letter and end it with a period. For clarity, the introductory phrase should contain a statement in one of the following forms:
any of the following
all of the following
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.105. References to Commonwealth.
(a) Commonwealth government.—The government of the Commonwealth of Pennsylvania at the Statewide level shall be referred to as ‘‘the Commonwealth’’ or ‘‘Commonwealth government’’ or ‘‘State government’’ except when used in connection with a reference to the Federal Government, when the term ‘‘State’’ is used, as follows:
The agency shall consider mutual problems concerning Federal and State programs, activities and services which affect local government.
The agency shall promote cooperation among Commonwealth and local agencies in order to maximize the interchange of available information.
(b) Commonwealth territory.—The territory under the jurisdiction of the government of the Commonwealth of Pennsylvania shall be referred to as ‘‘this Commonwealth’’ except that a reference to ‘‘this State’’ or ‘‘Pennsylvania’’ shall be used when required to avoid ambiguity, as follows:
The notice shall be deemed to have been given to all persons residing in this Commonwealth.
The heads of departments and agencies of the Commonwealth shall minimize health hazards caused by the facilities and activities of the Commonwealth in this State.
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.106. References to Constitution of Pennsylvania.
The Constitution of this Commonwealth shall be referred to as the ‘‘Constitution of Pennsylvania.’’
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.107. References to Legislature.
The Legislature of this Commonwealth shall be referred to as the ‘‘General Assembly.’’
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.108. References to pamphlet laws.
The acts of the General Assembly as officially published in bound form (sometimes referred to as the ‘‘pamphlet laws’’) shall be referred to as the ‘‘Laws of Pennsylvania.’’
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.109. References to United States Government.
The government of the United States of America shall be referred to as the ‘‘Federal Government.’’
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.110. Conferring powers and imposing duties.
(a) Background.—Under the structure established by the Administrative Code, powers and duties are vested in and imposed upon administrative departments, as such. Section 206 of the Administrative Code (71 P. S. § 66) provides that the head of each administrative department, either personally, by deputy or by duly authorized agent or employee of the department, shall exercise the powers and perform the duties imposed by law upon the department. In this manner adequate provision is made for vacancies in office, the absence or disability of the department head and for functions which by their nature require delegation to a lower administrative level.
(b) General rule.—Except as otherwise provided in subsection (d), powers and duties shall be expressly conferred and imposed by statute upon departments, boards, commissions and other offices in their institutional capacities, rather than upon the secretary or chief executive officer of the agency or upon any individual administering or serving within the agency or unit thereof, regardless of the title of such officer or individual or the language of the prior statutory provision.
(c) Limitation on agency authority.—In cases where the constitutional or other authority which authorizes the statute purports to confer the relevant power or to impose the relevant duty upon an officer or individual rather than upon the agency or unit thereof, a definition of the agency or unit should be utilized indicating that the agency or unit acts through the appropriate officer or individual, as follows:
Department.—The Department of Education of the Commonwealth. Where any provision of this part confers powers or imposes duties upon the department which under any Federal statute may be exercised by or imposed on only the Secretary of Education, the reference to the department shall be construed to mean the department acting by and through the Secretary of Education, or the person for the time being acting as the Secretary of Education, personally.
(d) Conferring power upon officer.—The power of appointment may be conferred upon an officer, as such, where it is intended that only that officer, or the person for the time being acting as that officer, may exercise the power.
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.111. Cross references to supplying or superseding statutes.
(a) Alternative drafting techniques.—If a statutory provision has been omitted from a revision pursuant to the rules set forth in § 21.32 (relating to provisions supplied and impliedly repealed by later statute) and § 21.33 (relating to provisions superseded by general statute), the following three drafting techniques are available with respect to possible cross references between the revision and the supplying or superseding general statute:
(1) No mention.—The revision may be wholly silent on the subject covered by the general statute and on the existence of such statute. This technique is preferred, since it eliminates later problems concerning the continued maintenance of the accuracy of the language of the cross reference following revision or reenactment of the general statute.
(2) Reference to subject matter.—The revision may make a reference to the subject covered by the general statute, as follows:
The final order of the department upon the application for a certificate of authority under this section shall be subject to judicial review in the manner and within the time provided by law.
(3) Reference to statute.—The revision may make specific reference to the general statute, as follows:
The final order of the department upon the application for a certificate of authority under this section shall be subject to judicial review in the manner and within the time provided by Title 2 (relating to administrative law and procedure).
(b) Preferred practice.—The preferred practice, however, when it is desired to call the statute specifically to the attention of the reader, is to mention the citation of the statute in the source notes accompanying the new section, where they will ordinarily be used by Purdon’s Statutes as the basis of an unofficial cross reference. Reference should be made to Subchapter C of Chapter 25 (relating to tables and source notes).
Cross References This section cited in 101 Pa. Code § 21.32 (relating to provisions supplied and impliedly repealed by later statute); 101 Pa. Code § 21.33 (relating to provisions superseded by general statute); and 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.112. Introduction of definitions.
(a) Major subdivisions.—Definitions set out at the beginning of a part, subpart, article, division or subdivision shall be introduced by text in the following form, modified to refer to the major subdivision involved:
Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
The foregoing language shall be immediately followed by the several definitions in alphabetical order and without paragraph numbers.
(b) Chapter or subchapter definitions.—Definitions set out at the beginning of a chapter or subchapter shall be introduced by text in the following form, modified to refer to the major subdivision involved:
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
(c) Sectional definitions.—The form used for sectional definitions shall comply with the following:
(1) Multiple definitions set out in the last subsection of a section shall be introduced by text in the following form:
(c) Definitions.—As used in this section the following words and phrases shall have the meanings given to them in this subsection:
Approval. Includes recommendation, failure to disapprove or any other manifestation of favor or acquiescence.
Special influence. Power to influence through kinship, friendship or other relationship, apart from the merits of the transaction.
(2) A single definition shall be set out in the last subsection of a section in the following form:
(c) Definition.—As used in this section the term ‘‘noncancellable health insurance’’ means benefits against disability under a certificate under which the society does not have the option to cancel or otherwise terminate the certificate at or after the expiration of one year from its effective date.
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.113. References to repealed statutes.
When reference is made to a repealed statute, the citation shall be introduced by the phrase: ‘‘the former provisions of .....,’’ for example:
This section does not apply to any institution incorporated with the approval of the department under the former provisions of section 412 of the act of May 15, 1933 (P. L. 624, No. 112), known as the Banking Code.
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.114. Defining offenses.
(a) Background.—Normally, an offense is classified as a felony, misdemeanor or summary offense and is accompanied by a sentence consisting of imprisonment, payment of a fine or both. However, 18 Pa.C.S. § 106(e) (relating to classes of offenses) provides that an offense defined by any statute, including any other titles of the Statutes, shall be classified as provided in 18 Pa.C.S. § 106. Furthermore, 18 Pa.C.S. § 107 (relating to application of preliminary provisions) provides that the provisions of Part I of Title 18 of the Statutes (relating to preliminary provisions) are applicable to offenses defined in Title 18 or other statutes, including any other title of the Statutes. This means that when an offense is classified as a summary offense or a particular grade of a felony or misdemeanor, the fines and sentences of imprisonment provided in Chapter 11 of Title 18 of the Statutes (relating to authorized disposition of offenders) automatically apply unless a different fine or sentence of imprisonment is prescribed in the statute defining the offense.
(b) General rule.—When defining an offense in any title of the Statutes, it is sufficient merely to classify it (e.g., felony of the first degree, etc.) according to the provisions of 18 Pa.C.S. § 106 (relating to classes of offenses) without setting forth the fine or sentence of imprisonment except when a minimum or different fine or term of imprisonment is intended for the particular offense. Bills drafted by the Bureau will always so classify an offense unless a nonstandard penalty is insisted upon by a member.
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
§ 23.115. Preambles.
A preamble placed before the enacting clause or contained in a non-amendatory section in a bill amending the Statutes will not be incorporated into the Statutes and will eventually lose its identity. Therefore, to insure the incorporation of the provisions of a proposed preamble into the body of the Statutes and thus preserve its identity and usefulness, it will be necessary to make it a section or part of a section contained in or to be added to the Statutes in the form of a declaration of policy, legislative finding or otherwise. However, the use of preambles, in any form, is to be discouraged and should only be used when insisted upon by a member.
Cross References This section cited in 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).
USE OF GOVERNMENTAL DEFINITIONS
§ 23.221. Governmental definitions.
The following governmental definitions are suggested for use in drafting amendments to the Statutes:
Commonwealth agency—An executive agency or independent agency.
Commonwealth government—The government of the Commonwealth, including the courts and other officers or agencies of the unified judicial system, the General Assembly and its officers and agencies, the Governor and the departments, boards, commissions, authorities and officers and agencies of the Commonwealth. The term does not include political subdivision or municipal or other local authority or an officer or agency of the political subdivision or local authority.
Executive agency—The Governor and the departments, boards, commissions, authorities and other officers and agencies of the Commonwealth government. The term does not include a court or other officer or agency of the unified judicial system, the General Assembly and its officers and agencies or an independent agency.
Executive department—An executive agency or independent department.
Executive establishment—An executive agency or independent establishment.
Government agency—A Commonwealth agency, political subdivision or municipal or other local authority or an officer or agency of the political subdivision or local authority.
Government unit—The General Assembly and its officers and agencies, a government agency or a court or other officer or agency of the unified judicial system.
Independent agency—A board, commission, authority or other agency or officer of the Commonwealth government which or who is not subject to the policy supervision and control of the Governor. The term does not include a court or other officer or agency of the unified judicial system or the General Assembly and its officers and agencies.
Independent department—The Department of the Auditor General, the Treasury Department and the Office of Attorney General and the departmental boards, commissions and officers of any of them.
Independent establishment—A board, commission, authority or other agency or officer of the Commonwealth government which or who is not subject to the policy supervision and control of the Governor. The term does not include a court, the General Assembly or an independent department.
Local authority—A municipal authority or any other body corporate and politic created by a political subdivision pursuant to statute.
Municipal corporation—A city, borough, incorporated town or township.
Municipality—A county, city, borough, incorporated town or township.
Municipality authority or municipal authority—A body corporate and politic created pursuant to the act of June 28, 1935, (P. L. 463, No. 191), known as the Municipality Authorities Act of 1935, or to the act of May 2, 1945 (P. L. 382, No. 164), known as the Municipality Authorities Act of 1945.
Political subdivision—A county, city, borough, incorporated town, township, school district or county institution district.§ 23.222. Commonwealth government.
When drafting a statute which requires reference to the executive, legislative and judicial branches of government at the Statewide level, the term ‘‘Commonwealth government’’ may be used:
Commonwealth government
Unified judicial system
General Assembly
Commonwealth agency
Executive agency
Independent agency
Independent establishment
Independent department
Department of the Auditor General
Treasury Department
Office of Attorney General
Cross References This section cited in 101 Pa. Code § 25.14 (relating to analysis and insertion of definitions).
§ 23.223. Executive department.
When drafting a statute which requires reference to the executive branch of government at the Statewide level, but it is desired to exclude independent establishments such as the Pennsylvania Public Utility Commission and to include independent departments, the term ‘‘executive department’’ may be used:
Executive department
Executive agency
§ 23.224. Executive establishment.
When drafting a statute which requires reference to the executive branch of government at the Statewide level, but it is desired to exclude the Department of the Auditor General, the Treasury Department and the Office of Attorney General and to include independent establishments such as the Pennsylvania Public Utility Commission, the term ‘‘executive establishment’’ may be used:
Executive establishment
Executive agency
§ 23.225. Government agency.
When drafting a statute which requires reference to all Commonwealth and lower level governmental agencies, except the judicial branch and the General Assembly, the term ‘‘government agency’’ may be used:
Government agency
Commonwealth agency
Political subdivision
Municipal (or local) authority
§ 23.226. Political subdivision.
When drafting a statute which requires reference to lower level governmental agencies, except municipal and other local authorities, the term ‘‘political subdivision’’ may be used:
Political subdivision
School district
County institution district
Municipality
County
City
Borough
Incorporated town
§ 23.227. Municipality.
When drafting a statute which requires reference to general local governmental agencies, the term ‘‘municipality’’ may be used:
Municipality
County
Municipal corporation
City
Borough
Incorporated town
§ 23.228. Municipal corporation.
When drafting a statute which requires reference to general local governmental agencies below the county level, the term ‘‘municipal corporation’’ may be used:
Municipal corporation
City
Borough
Incorporated town
§ 23.229. All government units.
When drafting a statute which requires reference to all governmental agencies of the Commonwealth, both Statewide and local, the term ‘‘government unit’’ may be used:
Government unit
Government agency
Unified judicial system
General Assembly
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