§ 21.32. Provisions supplied and impliedly repealed by later statute.
(a) Background.—Specific repeals of prior statutory provisions did not come into general use until after about 1900. Prior to that time primary reliance was placed on the rule of construction now embodied in 1 Pa.C.S. § 1971 (relating to implied repeal by later statute) to the effect that whenever a later statute purports to be a revision of all statutes upon a particular subject, or sets up a general or exclusive system covering the entire subject matter of a former statute and is intended as a substitute for such former statute, such later statute shall be construed to supply and therefore to repeal all former statutes on the same subject. Sometimes a modern code will not contain exhaustive specific repealers, instead relying in whole or in part on the rule of 1 Pa.C.S. § 1971. The following is exemplary:
(1) Eminent Domain Code.—The Eminent Domain Code (26 P. S. § 1-101 et seq.) provides a complete procedural system for the condemnation of property, but specifically repealed only a few statutes on the subject. A revision of a general statute, such as the Borough Code, may now omit all references to procedures for condemnation of property.
(2) Public Works Contractors’ Bond Law of 1967.—The Public Works Contractors’ Bond Law of 1967 (8 P. S. § 191 et seq.) provides a complete system governing the requirements of bonds to be furnished by contractors in the prosecution of any public building or other public work or improvement, including road work, but did not specifically repeal absolutely any statutes on the subject. A revision may now omit all reference to contractor bonding procedures.
(3) Commonwealth Documents Law.—The Commonwealth Documents Law (45 P. S. § 1101 et seq.) and 45 Pa.C.S. § 501 et seq. provides a complete system governing the adoption, publication and effectiveness of Commonwealth administrative and other regulations and statements of policy, but specifically repealed only a few statutes on the subject. A revision may now omit all reference to procedures relating to the adoption, publication and effectiveness of such documents.
(b) General Rule.—When drafting a revision which encompasses prior statutory provisions which have been supplied and hence repealed by a subsequent general statute, the superseded language is omitted. Reference should also be made to § 23.111 (relating to cross references to supplying or superseding statutes) for rules governing cross references to the subsequent general statute.
(c) Effect of subsequent reenactment of supplied provisions.—The implied repeal of a prior statutory provision by a subsequent general statute ordinarily will not result in the deletion of the repealed provision from the prior statute as printed in Purdon’s Statutes. Thus, when the prior statute as a whole is expressly repealed and reenacted by a third statute at a date subsequent to the enactment of the general statute, the provisions impliedly repealed by the general statute are sometimes inadvertently reenacted in full in the third statute. However, under the rule of construction now embodied in 1 Pa.C.S. § 1963 (relating to effect of reenactment on intervening statutes) the reenactment of the prior statute as a whole does not effect the general statute, and the repeal effected by the general statute is construed as a repeal of the corresponding provisions of the third statute, notwithstanding the fact that the third statute is latest in time. The same conclusion follows also from the rules of construction now embodied in 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes) and 1 Pa.C.S. § 1962 (relating to repeal and reenactment). Therefore, when drafting a revision which encompasses the third statute, the statutory provisions of the third statute covered by the subject matter of the general statute are omitted as having been previously repealed by the general statute.
Cross References This section cited in 101 Pa. Code § 21.33 (relating to provisions superseded by general statute); 101 Pa. Code § 21.34 (relating to provision contained in Administrative Code); and 101 Pa. Code § 23.111 (relating to cross references to supplying or superseding statutes).
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