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Pennsylvania Code



Subchapter A. STRUCTURE AND STYLE OF STATUTES


CONSTITUTIONAL TITLES

Sec.


19.1.    Original statute.
19.2.    Codification of laws.
19.3.    Supplement to statute.
19.4.    Amendment to statute.

STRUCTURE OF STATUTE


19.11.    Original statute without short title, etc.
19.12.    Original statute with short title, etc.
19.13.    Original statute with preamble.
19.14.    Supplement to statute.
19.15.    Amendment to statute.
19.16.    Section with minor subdivisions.

CITATIONS AND REFERENCES


19.21.    State statute with official short title.
19.22.    State statute with unofficial short title.
19.23.    Different years of passage and enactment.
19.24.    Statute passed during special session.
19.25.    Consolidated Pennsylvania Statutes.
19.26.    Official U. S. Code provisions.
19.27.    Other Federal statutes.
19.28.    Constitution of Pennsylvania.
19.29.    Major subdivisions.
19.30.    Sections.
19.31.    Minor subdivision in other section.
19.32.    Minor subdivision in same section.
19.33.    Minor subdivision in same subsection.
19.34.    Multiple references.
19.35.    Rules and regulations.

ENUMERATIONS


19.41.    Sentence with alternate requirements.
19.42.    Sentence with cumulative requirements.
19.43.    Simple list following sentence.
19.44.    Continuation of sentence beyond enumeration.

NUMBERS


19.51.    Money.
19.52.    Percentage.
19.53.    Age.
19.54.    Time.
19.55.    Measurements.
19.56.    Dates.

REPEAL PROVISIONS


19.61.    General repeal.
19.62.    Repeal of entire statute.
19.63.    Repeal of entire statute with exceptions.
19.64.    Repeal of section.
19.65.    Repeal of sentences.
19.66.    Repeal limited to certain matter.
19.67.    Repeal ineffective as to certain matters.
19.68.    Repeal of multiple statutes.

EFFECTIVE DATES


19.71.    Immediately.
19.72.    Specified date.
19.73.    Period of time.
19.74.    Different effective dates.
19.75.    Alternative effective date.
19.76.    Effective date with applicability provision.

MISCELLANEOUS PROVISIONS


19.81.    Table of contents without major subdivisions.
19.82.    Table of contents with major subdivisions.
19.83.    Short title section.
19.84.    Definition section.
19.85.    Applicability section.
19.86.    Appropriation section.
19.87.    Savings provision.
19.88.    Severability section.
19.89.    Nonseverability section.
19.90.    Retroactivity section.
19.91.    Expiration section (sunset).
19.92.    Expiration of term of abolished elective office.

CONSTITUTIONAL TITLES


§ 19.1. Original statute.



AN ACT

  Prohibiting the sale of articles made in whole or in part from the skin, hide, or other parts of wild birds or animals designated as rare or endangered species; and providing penalties.

§ 19.2. Codification of laws.


AN ACT

  Relating to mental health, including mental illness, mental defects, epilepsy and inebriety; and amending, revising, consolidating and changing the laws relating thereto.

§ 19.3. Supplement to statute.


A SUPPLEMENT

  To the act of March 1, 1984, entitled ‘‘An act providing for the capital budget for the fiscal year 1984-1985,’’ itemizing public improvement projects to be acquired or constructed by the Department of General Services, together with their estimated financial cost; authorizing the incurring of debt without the approval of the electors for the purpose of financing the projects; stating the estimated useful life of the projects; and making an appropriation.

§ 19.4. Amendment to statute.


AN ACT

  Amending the act of March 10, 1949 (P. L. 30, No. 14), entitled ‘‘An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto,’’ limiting residence requirements for school employes.

STRUCTURE OF STATUTE


§ 19.11. Original statute without short title, etc.



AN ACT

  Making a person 18 years of age or older an adult for the purpose of suing and being sued.

 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 Section 1. Age for purpose of suing and being sued.

 Except where otherwise provided by law, a person 18 years of age or older shall be deemed an adult for the purpose of suing and being sued.

 Section 2. Effective date.

 This act shall take effect in 60 days.

§ 19.12. Original statute with short title, etc.


AN ACT

  Authorizing entities vested with the power of eminent domain to acquire replacement housing, to exercise their power of eminent domain therefor and to encourage and facilitate construction or rehabilitation of replacement housing by making loans and grants for planning and obtaining mortgage financing.

 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 Section 1. Short Title.

 This act shall be known and may be cited as the Housing Replacement Authorization Act.

 Section 2. Definitions.

 The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

 ‘‘Acquiring agency.’’ An entity vested by statute with the power of eminent domain.

 ‘‘Displaced person.’’ A condemnee or other person not illegally in occupancy of real property who moves or moves his personal property as a result of the acquisition for a program or project of such real property, in whole or in part, or as the result of written notice from the acquiring agency of intent to acquire or order to vacate such real property.

 ‘‘Program or project.’’ A program or project undertaken by or for an acquiring agency as to which it has the authority to exercise the power of eminent domain.

 Section 3. Housing replacements by acquiring agency as last resort.

 (a)  General rule.—If comparable replacement sale or rental housing is not available in the neighborhood or community in which a program or project is located and the housing cannot otherwise be made available, as so certified by the county commissioners or, in cities of the first class, by the city council, the acquiring agency may purchase, construct, reconstruct or otherwise provide replacement housing by use of funds authorized for the program or project and for that purpose may exercise its power of eminent domain to acquire property in fee simple or any lesser estate as it deems advisable.

 (b)  Disposition.—Replacement housing provided under this act may be sold, leased, or otherwise disposed of by the acquiring agency, with or without consideration, to displaced persons or to nonprofit, limited dividend or cooperative organizations or public bodies, on such terms and conditions as the acquiring agency deems necessary and proper to effect the relocation of persons displaced by a program or project.

 (c)  Contracts.—The acquiring agency may contact with other public agencies, private individuals, partnerships, corporations and unincorporated associations for the financing, planning, acquisition, development, construction, management, sale, lease or other disposition of replacement housing provided under this act.

 Section 4. Planning and other preliminary expenses for replacement housing.

 In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of displaced persons, a governmental acquiring agency may make loans and grants to nonprofit, limited dividend or cooperative organizations or public bodies for necessary and reasonable expenses, prior to construction, for planning and obtaining mortgage financing for the rehabilitation or construction of housing for such displaced persons. The loans and grants shall be made prior to the availability of financing for preliminary surveys and analyses of market needs, preliminary site engineering, preliminary architectural fees, legal, appraisal and organizational fees, site acquisition, application and mortgage commitment fees, construction loan fees and discounts, and similar items. Loans to an organization established for profit shall bear interest at market rate determined by the acquiring agency. All other loans and grants shall be without interest. The acquiring agency shall require repayment of loans and grants made under this section, under any terms and conditions as it may require, upon completion of the project or sooner. Except in the case of a loan to an organization established for profit, the acquiring agency may cancel any part or all of a loan and may cancel the repayment provisions of a grant if it determines that a permanent loan to finance the rehabilitation or the construction of such housing cannot be obtained in an amount adequate for repayment of such loan.

 Section 5. Availability of funds.

 Funds, including motor license funds and other special funds, appropriated or otherwise available to any acquiring agency for a program or project, which results in the displacement of any person on or after January 2, 1983, shall be available also for obligation and expenditure to carry out the provisions of this act.

 Section 6. Effective date.

 This act shall take effect in 60 days.

§ 19.13. Original statute with preamble.


AN ACT

  Regulating blood banks and related activities; imposing certain duties upon the Department of Health; establishing a Blood Bank Advisory Committee; and providing penalties.

 Whereas, A small number of incompetent operations of blood banks and improper transfusion of blood or injection of blood products could endanger the health and lives of the citizens of this Commonwealth; and

 Whereas, Properly qualified persons of scientific background are required for adequate supervision of all phases of blood banking, transfusion, blood fractionization, and associated activities in order to protect the health and lives of the public; and

 Whereas, Adequate facilities, equipment, and procedures are vital to the safe operation of blood banks and related activities.

 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

§ 19.14. Supplement to statute.


A SUPPLEMENT

  To the act of May 28, 1915 (P. L. 596, No. 259), entitled ‘‘An act requiring cities of the second class to establish a pension fund for employes of said cities, and regulating the administration and the payment of such pensions,’’ providing for a period during which certain persons may join the pension fund.

 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 Section 1. Time within which persons may join pension fund.

 A city or authority employee otherwise eligible to join the pension fund created under the act to which this is a supplement but who is ineligible to join because of not having done so within the times provided by that act shall have the option of joining the pension fund within one year after the effective date of this act.

 Section 2. Effective date.

 This act shall take effect in 60 days.

§ 19.15. Amendment to statute.


AN ACT

  Amending the act of June 3, 1937 (P. L. 1225, No. 316), entitled ‘‘An act concerning game and other wild birds and wild animals; and amending, revising, consolidating, and changing the law relating thereto,’’ further providing for use of game lands.

 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 Section 1. Section 906(f) of the act of June 3, 1937 (P. L. 1225, No. 316), known as The Game Law, is amended by adding a clause to read:

 Section 906. Use of Lands.—***

 (f)  The commission may grant any or all of the following rights on lands acquired for its use, when such grants will not adversely affect game protection and propagation, and may charge for such licenses such rental and damages as the commission deems the conditions and circumstances warrant:

 ***

   (9) Rights for underground storage of natural gas.

 ***

 Section 2. This act shall take effect immediately.

§ 19.16. Section with minor subdivisions.


 Section 15. Use of force in self-protection.

 (a)  When force justifiable.—The use of force upon or toward another person is justifiable when the actor believes that the force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

 (b)  When force not justifiable.—The use of force is not justifiable under this section:

   (1)  to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful.

   (2)  to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation does not apply under any of the following circumstances:

     (i)   The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest.

     (ii)   The actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 14.

     (iii)   The actor believes that such force is necessary to protect himself against death or serious bodily injury.

CITATIONS AND REFERENCES


§ 19.21. State statute with short title.

 act of December 17, 1982 (P. L. 1401, No. 323), known as the Uniform Determination of Death Act

§ 19.22. State statute with popular name.

 act of May 13, 1909 (P. L. 520, No. 292), referred to as the Pure Food Law

§ 19.23. Different years of passage and enactment.

 act of January 10, 1972 (1971 P. L. 677, No. 182), relating to swearing in of veniremen

§ 19.24. Statute passed during special session.

 act of September 1, 1972 (1st. Sp.Sess., P. L. 2014, No. 1), relating to assistance for flood damage

§ 19.25. Consolidated Pennsylvania Statutes.

 1 Pa.S. §  1909 (relating to publication)

 Subchapter B of Chapter 73 of Title 18 of the Consolidated Pennsylvania Statutes (relating to Sunday trading), but 18 Pa.C.S. Ch. 73 Subch. B (relating to Sunday trading) preferred

 Title 18 of the Consolidated Pennsylvania Statutes (relating to crimes and offenses), but 18 Pa.C.S. §  101 et seq. (relating to crimes and offenses) allowed in unconsolidated statutes

§ 19.26. Official U. S. Code provisions.

 28 United States Code §  2254 (relating to state custody remedies in Federal Court)

§ 19.27. Other Federal statutes.

 Federal Corporate Takeover Act (Public Law 90-439, 15 U.S.C. §  78 et seq.)

 Social Security Act (49 Stat. 620, 42 U.S.C. §  301 et seq.)

 section 121 of Public Law 85-315 (71 Stat. 637, 43 U.S.C. §  4321)

 section 50(b) of the act of October 31, 1951 (65 Stat. 727, 36 U.S.C. §  150(b))

§ 19.28. Constitution of Pennsylvania.

 section 18 of Article V of the Constitution of Pennsylvania

 section 21 of the schedule to Article V of the Constitution of Pennsylvania

§ 19.29. Major subdivisions.

 Chapter 3

 Subchapter B of Chapter 3

 Subchapter B

 Subdivision (b) of Article IV of the act of


 Article III of the act of


 Subdivision (b)

 Article III

§ 19.30. Sections.

 section 411 of the act of


 section 411

§ 19.31. Minor subdivision in other section.

 section 411(a)(1)(i) of the act of


 section 411(a)(1)

§ 19.32. Minor subdivision in same section.

 subsection (a)

 subsection (a)(1)

 subsection (a)(1)(i)

 subsection (a)(1)(i)(A)

 subsection (a)(1)(i)(A)(I)

§ 19.33. Minor subdivision in same subsection.

 paragraph (1)

 paragraph (1)(i)

 paragraph (3)(ii)(A)

 paragraph (3)(ii)(A)(I)

 subparagraph (i)

 subparagraph (ii)(B)

 subparagraph (ii)(B)(I)

 clause (B)

 clause (B)(I)

 subclause (I)

§ 19.34. Multiple references.

 Articles I and III of the act of


 Articles I through III of the act of


 Chapter 3 or 5

 sections 102 and 103 of the act of


 sections 306(e) and 307(f)(1)

 subsections (a) and (b)

 subsection (a)(2), (3) or (4)

 paragraph (1) or (2)

§ 19.35. Rules and regulations.

 1 Pa. Code §  1.2 (relating to citation of Pennsylvania Code)

 1 CFR 8.9 (relating to form of citation)

ENUMERATIONS


§ 19.41. Sentence with alternate requirements.

 (b)  When use of force justifiable—The use of force is justifiable under this section only if the actor first requests the person against whom the force is used to desist from his interference with the property, unless the actor believes that:

   (1)  such request would be useless;

   (2)  it would be dangerous to himself or another person to make the request; or

   (3)  substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.

§ 19.42. Sentence with cumulative requirements.

 (e)  Use of device to protect property.—The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:

   (1)  the device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury;

   (2)  the use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and

   (3)  the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.

§ 19.43. Simple list following sentence.



 Section 4. Purposes.
 The general purposes of this act are as follows:

   (1)  Forbid and prevent conduct that unjustifiably inflicts or threatens substantial harm to individual or public interest.

   (2)  Safeguard conduct that is without fault from condemnation as criminal.

   (3)  Safeguard offenders against excessive, disproportionate or arbitrary punishment.

§ 19.44. Continuation of sentence beyond enumeration.

 (b)  Use of deadly force.—If the actor believes that:

   (1)  the person against whom force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or

   (2)  force is necessary to prevent the commission of a felony in the dwelling; the use of deadly force is justifiable under this section.

NUMBERS


§ 19.51. Money.

 1

 30

 $10 (not $10.00 unless in column with $11.50, etc.)

 $5.30

 $2,500,000

§ 19.52. Percentage.

 12%

 25.5%

 0.25%

§ 19.53. Age.

 six years old

 60 years of age

 16-year-old

§ 19.54. Time.

 9:30 a.m.

 4:30 p.m.

 10 p.m.

 12 noon

 12 midnight

§ 19.55. Measurements.

 one and three-quarter miles, 21 miles

 six acres, 11 acres

 ten gallons, 90 gallons

 nine inches, 12 inches

 five-day week

§ 19.56. Dates.

 June 1956

 June 1, 1956

 June 1 (not June 1st, June first or first day of June)

 May, June and July 1938

REPEAL PROVISIONS


§ 19.61. General repeal.



 Section 28. General repeal.

 All other acts and parts of acts are repealed insofar as they are inconsistent with this act.

 (Note: The underscored material is omitted when there are no other repeals).

§ 19.62. Repeal of entire statute.


 Section 28. Repeals

 The act of July 10, 1919 (P. L. 903, No. 359), entitled ‘‘An act regulating the fees of notaries public,’’ is repealed.

§ 19.63. Repeal of entire statute with exceptions.


 Section 28. Repeals.

 The act (except sections 718 and 719) of June 24, 1939 (P.L. 872, No. 375), known as The Penal Code, is repealed.

§ 19.64. Repeal of section.


 Section 28. Repeals.

 Section 16 of the act of March 28, 1834 (P. L. 352, No. 206), entitled ‘‘An act establishing a fee bill,’’ is repealed.

§ 19.65. Repeal of sentences.


 Section 28. Repeals.

 The first, antepenultimate, penultimate and last sentences of section 9 of the act of December 2, 1968 (P. L. 1133, No. 353), known as the Local Agency Law, are repealed.

§ 19.66. Repeal limited to certain matter.


 Section 28. Repeals.

 The act of May 4, 1864 (P. L. 776, No. 668), entitled ‘‘A further supplement to an act to enable the Governor to appoint notaries public, and for other purposes therein mentioned,’’ is repealed as to notaries.

§ 19.67. Repeal ineffective as to certain matters.


 Section 28. Repeals.

 Sections 1 and 2 of the act of April 22, 1863 (P. L. 548, No. 537), entitled ‘‘An act authorizing Notaries Public in this State, and in any State or Territory in the United States, to take acknowledgments of deeds, and letters of attorney, and to confirm acknowledgments heretofore made,’’ are repealed except as to deeds.

§ 19.68. Repeals of multiple statutes.


 Section 28. Repeals

 The following acts and parts of acts are repealed:

   Act of July 10, 1919 (P. L. 903, No. 359), entitled ‘‘An act regulating the fees of notaries public.’’

   Act (except sections 718 and 719) of June 24, 1939 (P. L. 872, No. 375), known as The Penal Code.

   First, antepenultimate, penultimate and last sentences of section 9 of the act of December 2, 1968 (P. L. 1133, No. 353), known as the Local Agency Law.

EFFECTIVE DATES


§ 19.71. Immediately.

 This act shall take effect immediately.

§ 19.72. Specified date.

 This act shall take effect July 1, 1973.

§ 19.73. Period of time.

 This act shall take effect in 60 days.

§ 19.74. Different effective dates.

 (a)  Section 1 shall take effect immediately.

 (b)  The remainder of this act shall take effect in 60 days.

§ 19.75. Alternative effective date.

 This act shall take effect January 1, 1985, or immediately, whichever is later.

§ 19.76. Effective date with applicability provision.



 Section 10. Applicability.

 This act applies to calendar years commencing January 1, 1973, and thereafter.
 Section 11. Effective date.

 This act shall take effect in 60 days.

MISCELLANEOUS PROVISIONS


§ 19.81. Table of contents without major subdivisions.


TABLE OF CONTENTS



 Section 1. Short title.
 Section 2. Declaration of policy.
 Section 3. Definitions.
 Section 4. Annulment of charters and change of corporate names.

 ***
 Section 11. Effective date.

§ 19.82. Table of contents with major subdivisions.


TABLE OF CONTENTS



 Chapter 1. Preliminary Provisions
 Section 101. Short title.
 Section 102. Definitions.
 Chapter 2. Responsibilities of State
 Section 201. Powers and duties of department.
 Section 202. State facilities.
 Section 203. Qualifications of directors of State facilities.
 Chapter 13. Responsibilities of counties
 Section 1301. General powers and duties of local authorities.
 Section 1302. Establishment of county mental health and mental retardation board.
 Section 1303. Duties of county mental health and mental retardation board.
 Section 1304. County mental health and mental retardation administrator.
 Section 1305. Duties of administrator.

§ 19.83. Short title section.


 Section 1. Short Title.

 This act shall be known and may be cited as the Adoption Act.

§ 19.84. Definition section.


 Section 2. Definitions.

 The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

 ‘‘Action.’’ Any action or proceeding in any court of this Commonwealth.

 ‘‘Administrator.’’ A fiduciary appointed under authority of law by a register of wills or court to administer the estate of a decedent.

§ 19.85. Applicability section.


 Section 3. Applicability.

 This act applies to decedents dying on or after the effective date of this act.

§ 19.86. Appropriation section.


 Section 10. Appropriation.

 The sum of $25,000, or as much thereof as may be necessary, is hereby appropriated to the Department of Revenue for the fiscal year July 1, 1984, to June 30, 1985, to carry out the provisions of this act.

 (Note: The underscored material is omitted for nonpreferred appropriations.)

§ 19.87. Savings provision.


 Section 9. Savings provision.

 This act does not affect any act done, liability incurred or right accrued or vested or affect any civil or criminal proceeding pending or to be commenced to enforce any right or penalty or punish any offense under any statute or part of a statute repealed by this act.

§ 19.88. Severability section.


 Section 8. Severability.

 The provisions of this act are severable. If any provision of this act or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.

§ 19.89.  Nonseverability section.


 Section 8. Nonseverability.

 The provisions of this act are nonseverable. If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void.

§ 19.90. Retroactivity section.


 Section 11. Retroactivity.

 This act shall be retroactive to January 1, 1984.

§ 19.91. Expiration section (sunset).


 Section 13. Expiration.

 This act expires December 31, 1985, unless extended by statute.

 (Note: The underscored material should be used only when insisted upon.)

§ 19.92. Expiration of term of abolished elective office.


 Section 13. Incumbent elective officers.

 A person holding elective office under any statute repealed by this act shall continue to hold that office until the expiration of the term thereof, subject to the conditions and salary attached to that office prior to the effective date of this act.



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