Legal Definitions - reference statute

A reference statute is a law that incorporates the provisions of another existing law by simply referring to it, rather than reprinting the entire text of the referenced law. This method is used to avoid redundancy, save legislative time, and ensure consistency across different statutes. When a reference statute is enacted, the provisions of the referenced law become part of the new statute as if they were fully written out within it.

Here are some examples to illustrate this concept:

• Example 1: Environmental Regulations

  Imagine a state passes a new law, the "Clean Water Protection Act," which establishes a permitting process for industrial discharges into rivers. Instead of detailing all the procedural steps for appealing a permit decision, the new act might state: "Appeals of permit decisions under this Act shall be conducted in accordance with the procedures set forth in the State Administrative Procedure Act, [specific chapter and section number]."

  How it illustrates the term: The Clean Water Protection Act is the reference statute. It doesn't rewrite the appeal procedures; instead, it refers to the existing State Administrative Procedure Act. This means anyone seeking to appeal a permit decision under the new environmental law must follow the rules detailed in the older, referenced administrative procedure law.

• Example 2: Local Zoning Ordinances

  A city council is updating its zoning ordinances to regulate the construction of new commercial buildings. For fire safety standards, the new ordinance might include a provision stating: "All new commercial construction within city limits must comply with the fire safety and building code standards as defined in the State Uniform Building Code, [specific article or section]."

  How it illustrates the term: The city's new zoning ordinance acts as the reference statute. It incorporates the detailed fire safety and building code requirements by pointing to the State Uniform Building Code, rather than listing every specific regulation within the city's own ordinance. This ensures consistency with state-level standards and avoids the need for the city to maintain a separate, extensive set of building codes.

• Example 3: Business Licensing

  A state legislature passes a new law offering tax incentives for "small businesses" that invest in renewable energy. The law might define eligibility by stating: "For the purposes of this Act, 'small business' shall have the meaning ascribed to it in the State Business Corporations Act, [specific section defining small business]."

  How it illustrates the term: The new tax incentive law is the reference statute. It doesn't create a new definition for "small business" but instead refers to an existing definition found in the State Business Corporations Act. This ensures that the term "small business" is interpreted consistently across different state laws and avoids potential confusion or conflicting definitions.