Subchapter B. SELECTION OF APPROPRIATE SUBJECT MATTER
21.11. General considerations.
21.12. Selection of basic subject classification.
21.13. Pa.C.S. classification.
21.14. Purdons Statutes classification.
21.15. Full text computer search.
21.16. Communication with responsible Commonwealth agency.
21.17. Communication with interested professional, occupational or trade associations.
§ 21.11. General considerations.
Prior to the commencement of the program for the development of the Pennsylvania Consolidated Statutes, as authorized by the Constitutional Amendment of May 16, 1967, to section 3 of Article III of the Constitution of Pennsylvania, the statutes of this Commonwealth had never been codified. Thus, the initial, and in most cases the most difficult, step in preparing a bill adding new provisions to the Statutes is the identification of the prior statutory provisions to be included in and specifically repealed by the revision. This Subchapter sets forth a number of the more obvious steps to be taken in identifying the appropriate subject matter for a revision bill. However, the steps set forth are not intended to be exhaustive, and merely illustrate the general nature of the inquiry to be made.
§ 21.12. Selection of basic subject classification.
(a) General rule.The basic subject classification, that is, nonprofit corporations, judiciary and judicial procedure, crimes and offenses and the like, will control the nature and extent of the examination of existing statutory law. The initial careful delineation of the classification will simplify the examination of existing law by ruling out obviously unprofitable areas.
(b) Broad classifications.Care should be taken to avoid selecting a classification which is so broad that it will produce a revision bill which is too large for legislative consideration, or which may raise unnecessary jurisdictional questions as between several legislative committees.
(c) Narrow classifications.The classification should not be so narrow that a substantial part of the statutory law relating to the general subject to which the bill relates will continue on an unconsolidated basis. Such a result creates an undesirable trap for the user, who ordinarily assumes that a codification has exhausted the statutory material on the subject. Frequent cross reference in a revision bill to unconsolidated statutory provisions may be an indication that too narrow a subject classification has been adopted.
§ 21.13. Pa.S. classification.
(a) Use of classification system.The Statutes themselves set forth a basic subject classification system, which may be used as a starting point. However, although one particular Pa.S. title may be selected as the focus of the revision effort, it will frequently be necessary to transfer provisions of prior statutory law from the principal title to one which more appropriately covers the transferred provisions. For example, the former provisions of the Nonprofit Corporation Law of 1933, relating to cemeteries, private police and hospitalization plans, were incorporated into Title 9 (Burial Grounds), Title 22 (Detectives and Private Police) and Title 40 (Insurance), respectively, by the act of November 15, 1972 (P. L. 1063, No. 271).
(b) Contents of classification system.The classification system of the Statutes is as follows:
1 General Provisions
2 Administrative Law and Procedure
6 Bailees and Factors
7 Banks and Banking
8 Boroughs and Incorporated Towns
9 Burial Grounds
12 Commerce and Trade
13 Commercial Code
14 Community Affairs
15 Corporations and Unincorporated Associations
18 Crimes and Offenses
20 Decedents, Estates and Fiduciaries
22 Detectives and Private Police
23 Domestic Relations
26 Eminent Domain
27 Environmental Resources
29 Federal Relations
32 Forests, Waters and State Parks
33 Frauds, Statute of
35 Health and Safety
36 Highways and Bridges
37 Historical and Museums
38 Holidays and Observances
39 Insolvency and Assignments
42 Judiciary and Judicial Procedure
44 Law and Justice
45 Legal Notices
48 Lodging and Housing
49 Mechanics Liens
50 Mental Health
51 Military Affairs
52 Mines and Mining
53 Municipalities Generally
57 Notaries Public
58 Oil and Gas
61 Penal and Correctional Institutions
63 Professions and Occupations (State licensed)
64 Public Authorities and Quasi-Public Corporations
65 Public Officers
66 Public Utilities
67 Public Welfare
68 Real and Personal Property
69 Savings and Validating Provisions
71 State Government
72 Taxation and Fiscal Affairs
76 Weights, Measures and Standards
77 Workmens Compensation
78 Zoning and Planning
79 Supplementary Provisions
(c) Change in classification.Pursuant to 1 Pa.C.S. § 306 (relating to bills to amend the Consolidated Statutes), the Bureau shall determine whether the number or name of a title established under the Statutes shall be changed and whether titles shall be added or deleted. Where a change in the classification set forth in subsection (b) is indicated as a result of preliminary work on a revision bill, the matter should be brought to the attention of the Director of the Bureau for consideration. Except for Title 1 (General Provisions) and Title 79 (Supplementary Provisions), the concept of the classification system is to maintain the headings of the titles in alphabetical order.
This section cited in 101 Pa. Code § 21.14 (relating to Purdons Statutes classification); and 101 Pa. Code § 23.1 (relating to titles).
§ 21.14. Purdons Statutes classification.
(a) Transition to Pa.C.S. classification.Purdons Statutes represents a privately published unofficial codification of the general and permanent statutory law of this Commonwealth. The publishers of Purdons Statutes have announced an intention gradually to rearrange the contents of Purdons Statutes to conform to the Pa.C.S. classification set forth in § 21.13(b) (relating to Pa.C.S. classification).
(b) Multiple classification in Purdons.In general, statutory provisions on the same subject may be found in two or more distinct Purdons Statutes titles. The following is exemplary:
(1) Function-Performer of function (governmental).Provisions on decorating veterans graves by governmental agencies in Title 9 (Burial Grounds) and provisions on authorized county expenditures for the decoration of veterans graves in Title 16 (Counties).
(2) Function-Performer of function (private).Provisions on nonprofit hospital plan corporations in Title 40 (Insurance) and provisions on nonprofit corporations organized for the furnishing of hospital plan services in Title 15 (Corporations and Unincorporated Associations).
(3) Specific functionGeneral function.Private police appointed by certain agencies for the prevention of cruelty to children in Title 11 (Children) and private police appointed by charities in Title 10 (Charities and Welfare). Provisions on the appointment of private police also were classified to Title 15 (Corporations and Unincorporated Associations) and in Title 38 (Industrial Police). Compare Title 22 (Detectives).
(4) Regulatory lawStructural law.Provisions on nuisances detrimental to the public health in Title 35 (Health and Safety) and similar provisions in the Administrative Code of 1929 in Title 71 (State Government).
(c) Reference aids.The multiple classifications illustrated in subsection (b) frequently may be disclosed by reference to one of the following sources:
(1) The cross reference notes contained in Purdons Statutes.
(2) A statute which expressly saves or partially repeals the subject statute. Statutes dealing with the same or related subject matter are sometimes grouped together for purposes of an express savings clause or a partial repealer.
(3) Court decisions which cite the subject statute. A court decision will sometimes discuss a number of related statutes on the same subject.
(4) The Table of Authorities Cited, contained in the Pennsylvania Code preceding Title 1 (General Provisions). Frequently regulations issued under the subject statute will be classified in the Pennsylvania Code in the same Code Title with regulations issued under related statutory authority.
§ 21.15. Full text computer search.
The entire text of Pennsylvania statutes is presently available in computer-searchable form through the facilities of the Legislative Data Processing Center, Room 47, Main Capitol Building, Harrisburg, Pennsylvania. By framing an appropriate search question it is possible to locate all sections of Pennsylvania statutes which contain a specified word, term or phrase. The statutory provisions thus identified may then be examined to determine their relevance to the basic subject classification of the revision bill.
§ 21.16. Communication with responsible Commonwealth agency.
If the basic subject matter of the revision bill falls within the jurisdiction of a Commonwealth agency, inquiry should be made to the staff of the agency for the purpose of securing a list of all statutory provisions known to the staff which relate to the subject matter of the bill.
§ 21.17. Communication with interested professional, occupational or trade associations.
If the basic subject matter of the revision bill falls within an area of primary interest to a professional, occupational or trade association, inquiry should be made to a responsible official of the association for the purpose of securing a list of all statutory provisions known to the association which relate to the subject matter of the bill.
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