Title 1
PROVISIONS OF GENERAL
APPLICABILITY TO CODE
 
 
Chapter 1.  Principles of Interpretation

Section 1.101.  General principles.
Section 1.102.  Ambiguity.
Section 1.103.  Legislature intent.

       Section 1.101.  General principles.
       Unless another meaning or use clearly appears in the Code:

(1)  Code.

     (a)  A stated section is a section of the Code.

     (b)  A reference to a subsection or paragraph is to the section in which the reference appears.

     (c)  A reference to a chapter or part is to the title in which the reference appears.

          (2)  Usage.

     (a)  The singular includes the plural, and conversely.

     (b)  A pronoun refers to every person.

     (c)  The present tense includes the future.

     (d)  The present indicative tense indicates a duty or requirement, and a power, or a prohibition.

     (e)  The use of "may" indicates permissive or discretionary action.

     (f)  The use of "including" or similar language is illustrative and does not limit the application of the illustrated term to the illustrative terms.

     (g)  The meaning of a word or phrase is according to its common usage.

     (h)  The interpretation of a word with a technical or special meaning is in accordance with that meaning.

     (3)  State and Government.

     (a)  A location, or the performance of an action, refers to a place, or to performance, within the State's territorial or jurisdictional limits.

     (b)  A governmental activity institution, component, body, office, or position of employment is the corresponding State entity.

     (c)  If a responsibility for Government action appears, and there is no specific assignment of the responsibility, the Governor has the responsibility and the corresponding power.

     (d)  Implementation of a State power is to the maximum extent of law.

     (e)  Reference to an officer or employee includes a person acting lawfully as surrogate.

     (4)  Time.

     (a)  Application of a period of time is by exclusion of the day from which the period runs and inclusion of the last day.

     (b)  Calculation of a period of time includes a Saturday, Sunday or holiday. If in the calculation of a period of time the last day is a Saturday, Sunday or legal holiday, the period ends on the next consecutive day which is not a Saturday, Sunday or legal holiday.

     (c)  If expression of a period of time is in months, calculation of the period runs to the same day in the last month as the day in the month from which calculation begins.  If the last month has fewer days than the month from which calculation begins, the period ends on the last day of the last month.

     (d)  The period of time for a performance or occurrence required in the Code is a reasonable time.

     (5)  General.

     (a)  A provision is not retroactive.

       Section 1.102.  Ambiguity.
       In resolving an ambiguous Code provision one may consider:

     (1)  the object of the provision;

     (2)  the circumstances in which enactment of the provision occurred;

     (3)  a prior State statutory or Code provision on the same or a similar subject;

     (4)  the consequence of an interpretation of the provision;

     (5)  a Government interpretation; and

     (6)  theConstitution's preamble.

       Section 1.103.  Legislature intent.
 
     (1)  In an enactment the Legislature intends:

     (a)  that the enactment complies with higher law;

     (b)  that the entire enactment is effective;

     (c)  a just and reasonable result;

     (d)  that enforcement of the enactment is feasible; and

     (e)  a favoring of the public interest over a private interest.

     (2)  Unless a contrary result is obvious or necessary, one presumes that in enacting a Code provision or statute the Legislature:

     (a)  took into account higher law and other Code provisions and statutes;

     (b)  intended that a specific provision is an exception to a more general provision.