Pennsylvania Code
Title 101 - GENERAL ASSEMBLY
Part I - LEGISLATIVE REFERENCE BUREAU
Subpart D - PENNSYLVANIA CONSOLIDATED STATUTES STYLE MANUAL
Chapter 21 - GENERAL PROVISIONS
Subchapter C - ELIMINATION OF UNNECESSARY MATTER
Section 21.36 - Use of history of amendment and citation

Universal Citation: 101 PA Code ยง 21.36
Current through Register Vol. 54, No. 44, November 2, 2024

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the failure to cite the statutory provision results from the fact that the provision has been supplied, and thus repealed, by another later statute on the same subject; or that the provision is obsolete.

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