Current through Register Vol. 54, No. 25, June 22, 2024
(a)General. A statute is regarded as constantly speaking. It speaks as of the time when it is read or applied. It must, therefore, be written in the present tense, except for stating a condition precedent to its operation, which should be phrased in the perfect tense if it is required to be completed before the statute applies. The use of the word "shall" in imposing a duty or prohibition does not indicate the future tense. Even where an action is required on a specified future date, the form of expression is not in the future tense. In speaking in the present, a circumstance which puts a provision of a statute in operation, if continuing to exist is in the present tense, if completed is in the perfect tense, but is never in the future or future perfect.(b)Statutory construction. The act (1 Pa.C.S. § 1902) provides that words used in the past or present tense shall include the future.