CHAPTER 9. LEGISLATIVE DOCUMENTS
Subchap. Sec.
A. USE AND INTRODUCTION … 9.1
B. CONSIDERATION OF BILLS … 9.61
C. CONSIDERATION OF OTHER DOCUMENTS … 9.141
Subchapter A. USE AND INTRODUCTION
GENERAL Sec.
9.1. Classification and use.
9.2. Who may introduce a legislative document.
9.3. Original house for introduction.
9.4. Preparation and transmission.
LOCAL AND SPECIAL LEGISLATION
9.11. General requirements.
9.12. Contents of notice of intent.
9.13. Time of publication of notice.
9.14. Place of publication.
9.15. Filing proof of publication.
9.16. Reference in pamphlet laws to proof of publication.
BILLS AND JOINT RESOLUTIONS
9.21. General.
9.22. Brackets and underscoring.
9.23. Bill covers.
9.24. Sponsorship.
9.25. Introduction and numbering.
9.26. Reference to committee.
9.27. Prefiling bills.
9.28. Printing and printer’s numbers.
9.29. Form of reference to bills.
RESOLUTIONS, MOTIONS AND CITATIONS
9.41. General.
9.42. Single house resolutions.
9.43. Concurrent resolutions.
9.44. Motions.
9.45. Citations.
9.46. Introduction.
9.47. Reference to committee.
9.48. Printing.
MISCELLANEOUS
9.51. Amendments.
9.52. Conference committee reports.
9.53. Reorganization plans.
9.54. Supplemental assistance plans.
9.55. Administrative rules reports.
9.56. Court rules reports.
9.57. Regulatory review reports and resolutions.
9.58. Surplus property disposition plans.
9.59. Sunset review resolutions and statutes.
GENERAL
§ 9.1. Classification and use.
(a) Bills.—Bills are used to propose new statutes or amendments to existing statutes.
(b) Joint resolutions.—Joint resolutions are used to propose amendments to the Constitution of Pennsylvania and to ratify proposed amendments to the Constitution of the United States.
(c) Resolutions, motions and citations.—Resolutions, motions and citations are used for joint or separate actions of each house where bills and joint resolutions are not appropriate.
(d) Amendments.—Amendments are less formal documents and are generally limited to amendment of bills, joint resolutions and other resolutions.
(e) Conference reports.—Conference reports are either in the form of a bill or joint resolution preceded by a report of a conference committee proposing a revision of the bill or joint resolution for consideration by the General Assembly.
(f) Reorganization plans.—Reorganization plans are used for the reorganization of Commonwealth agencies under the Reorganization Act of 1955 (71 P. S. § 750-1 et seq.) and are submitted by the Governor to the General Assembly for its consideration and appropriate action including the adoption of a resolution by each house either approving or disapproving the plan.
(g) Supplemental assistance plans.—Supplemental assistance plans are used to establish the amount of Commonwealth supplemental assistance to aged, blind and disabled persons pursuant to section 432 of the Public Welfare Code (62 P. S. § 432) and are subject to the procedural requirements relating to reorganization plans.
(h) Administrative rules reports.—Administrative rules reports are used to consider administration matters for which legislative review is required but is not covered by another type of legislative document. They are generally subject to the procedural requirements relating to reorganization plans.
(i) Court rules reports.—Court rules reports are used to consider rules of the Supreme Court of Pennsylvania and other judicial matters for which legislative review is required under section 503 of the Judicial Code, 42 Pa.C.S. § 503 (relating to reassignment of matters). They are subject to procedural requirements similar to those relating to reorganization plans, as modified by the Judicial Code.
(j) Regulatory review reports and resolutions.—Regulatory review reports and resolutions are used to consider regulations of Commonwealth agencies for which legislative review is required under section 7 of the Regulatory Review Act (71 P. S. § 745.7). They are subject to procedural requirements similar to those relating to reorganization plans, as modified by the Regulatory Review Act.
(k) Surplus property disposition plans.—Surplus property disposition plans are used to consider plans for the disposition of surplus real property owned by the Commonwealth for which legislative review is required under section 2404-A of The Administrative Code of 1929 (71 P. S. § 651.4). They are subject to procedural requirements similar to those relating to reorganization plans, as modified by The Administrative Code 1929.
(l) Sunset review resolutions.—Sunset review resolutions are used to consider the continuation of Commonwealth agencies scheduled for termination under the Sunset Act (71 P. S. § 1795.1 et seq.). They are subject to procedural requirements similar to those relating to reorganization plans, as modified by the Sunset Act.
§ 9.2. Who may introduce a legislative document.
While a legislative document may be prepared for persons who are not members of the General Assembly, only a member of the General Assembly may introduce a legislative document.
§ 9.3. Original house for introduction.
(a) General.—Except as provided in subsection (b), bills, joint resolutions and other legislative documents may be introduced in either house.
(b) Revenue bills.—Bills for raising revenue must be introduced in the House but the Senate may propose amendments as in the case of other bills.
(c) Miscellaneous plans, reports, etc.—Reorganization plans, supplemental assistance plans, administrative rules reports, court rules reports, regulatory review reports, surplus property disposition plans and sunset review resolutions, together with accompanying resolutions, if any, normally are presented simultaneously in both houses.
§ 9.4. Preparation and transmission.
(a) Drafting agency.—The Bureau is required, upon request, to aid and assist members of the General Assembly, the Governor and the heads of Commonwealth agencies by drafting bills and resolutions into proper form. With few exceptions, all legislative documents are prepared in final form by the Bureau.
(b) Submission of request.—The first step in the legislative process is for a member or Commonwealth agency to submit ideas orally or in writing to the Bureau outlining what is desired in the proposed bill, joint resolution or other legislative document. Requests for citations are submitted on written forms provided by the Bureau.
(c) Transmitting final documents.—Senate and House documents are transmitted to the floor of the houses prior to the beginning of each session unless directed otherwise in which case the office of the member, staff member or other authorized person is notified to pick up the document.
LOCAL AND SPECIAL LEGISLATION
§ 9.11. General requirements.
(a) General.—The Constitution (art. III, sec. 7) and 1 Pa.C.S. § 1102 (relating to publication of notice of application for local and special legislation) provide that no local or special bill shall be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or the thing to be effected may be situated at least 30 days prior to the introduction into the General Assembly of such bill and until evidence of such notice having been published is exhibited in the General Assembly.
(b) Repeal bills.—The provisions of subsection (a) apply to bills repealing a local or special statute except by a general bill which codifies, compiles or revises the law or any part thereof.
§ 9.12. Contents of notice of intent.
The notice of intent to apply for a local or special bill must set forth the full title and the purposes of the bill, and must be signed by one of the parties applying therefor.
§ 9.13. Time of publication of notice.
Notice of intent to apply for a local or special bill must be published once a week for four successive weeks. The first publication must be at least 30 days prior to, and within three months immediately preceding, the introduction of the bill in the General Assembly.
§ 9.14. Place of publication.
The notice must be published in not less than two newspapers of general circulation, and also in the legal journal, if any, published in the county or in each of the several counties where the matter or thing affected may be. Where the matter or thing to be effected is in a municipality, publication must be made in two newspapers of general circulation published in such municipality, if any, and, if none, then in two newspapers published in the county, and, in either event, also in the legal journal, if any, published in the county. Where only one newspaper of general circulation is published in a county or in a municipality, publication in such one newspaper and in the legal journal, if any, is deemed sufficient.
§ 9.15. Filing proof of publication.
Proof of publication in each newspaper and legal journal, verified by affidavit, must be filed with the bill when it is introduced.
§ 9.16. Reference in pamphlet laws to proof of publication.
The pamphlet laws contain a reference to the publication of the notice of application for local or special legislation and is in substantially the following form:
Publication of Notice of Application for Local Legislation. Notice of the application for local legislation relating to Act 1982-231 was published in the Philadelphia Inquirer, the Philadelphia Daily News and the Legal Intelligencer. See the Appendix to the Legislative Journal of the House of Representatives for the 1982 legislative session for proofs of publication of the notice.
BILLS AND JOINT RESOLUTIONS
§ 9.21. General.
The procedure for preparing and introducing bills and joint resolutions is the same. Accordingly, a reference contained in § § 9.22 to 9.29 (relating to bills and joint resolutions) to a bill shall also be deemed a reference to a joint resolution unless the context clearly indicates otherwise.
§ 9.22. Brackets and underscoring.
(a) Bills.—Except as provided for the Pennsylvania Consolidated Statutes in § 23.245 (relating to brackets and underscoring), bills proposing new laws contain no brackets or underscoring and, pursuant to 1 Pa.C.S. § 1104 (relating to printing of amendatory statutes), bills amending existing law indicate language to be omitted by placing it within brackets and indicate language to be added by underscoring such language.
(b) Joint resolutions.—Pursuant to 1 Pa.C.S. § 901 (relating to legislation to show changes), joint resolutions proposing amendments to the Constitution of Pennsylvania indicate language to be omitted by placing it within brackets and indicate language to be added by underscoring such language.
Cross References This section cited in 101 Pa. Code § 9.21 (relating to general).
§ 9.23. Bill covers.
Each bill prepared by the Bureau for the Senate, House or other agency contain front covers. Five covers are required for the Senate and four for the House or other agency.
Cross References This section cited in 101 Pa. Code § 9.21 (relating to general).
§ 9.24. Sponsorship.
The member introducing the bill signs and dates it on the bill cover, thereby assuming its sponsorship. Any number of members may cosponsor the bill by signing it on the bill cover. Sponsors may be added or deleted from a bill after it is printed.
Cross References This section cited in 101 Pa. Code § 9.21 (relating to general).
§ 9.25. Introduction and numbering.
(a) Introduction in Senate.—A Senator introduces his bill by reading it in place at his desk in the Senate. Five copies with covers are given to the Secretary of the Senate who numbers the bill and delivers it to the President. The title of the bill is read by the reading clerk.
(b) Introduction in House.—A Representative files four copies with covers with the Chief Clerk who numbers the bill and, at the end of the day’s session, delivers it to the Speaker.
(c) Numbering.—Bills in the form in which they are introduced are numbered separately in each house consecutively starting with number 1. Senate and House bills differ from each other by the designation ‘‘Senate Bill No. 1’’ and ‘‘House Bill No. 1.’’ This bill number is carried by the bill throughout each stage of its passage in both houses. It never changes under any circumstance.
Cross References This section cited in 101 Pa. Code § 9.21 (relating to general).
§ 9.26. Reference to committee.
In the Senate, the President refers the bill to an appropriate standing committee either on the day introduced or the succeeding legislative day. In the House, at the end of the day’s session, the Speaker refers the bill to an appropriate standing committee and reports its reference of each bill on either of the next two legislative days. A copy of each bill is provided to the committee, news media, legislative printing clerk and the Bureau.
Cross References This section cited in 101 Pa. Code § 9.21 (relating to general).
§ 9.27. Prefiling bills.
Members may introduce bills when the Senate or House is not in session. The Secretary of the Senate or Chief Clerk of the House notifies the presiding officer who refers the bills to the appropriate standing committee. The bills are printed and the members and news media are notified of such filing.
Cross References This section cited in 101 Pa. Code § 9.21 (relating to general).
§ 9.28. Printing and printer’s numbers.
(a) Printing.—Every bill is printed after introduction and referred to a committee.
(b) Original printer’s number.—Bills, including conference reports, in addition to the original bill number, carry, in the upper right hand corner, an additional number, known as the printer’s number. The printer’s numbers run consecutively in each house separately starting with number 1 in the order that the bills are presented to the legislative printing clerk for printing. The numbering bears no relation to the bill number. Quite frequently Senate Bill No. 1 may be Printer’s No. 200 while Senate Bill No. 99 may be Printer’s No. 196.
(c) Subsequent printer’s number.—Each time a bill is reprinted after being amended it is assigned a new printer’s number bearing no relationship to its previous printer’s numbers. A single bill may have several different printer’s numbers. All previous numbers are shown in the upper left hand corner of each printed bill, including conference reports.
Cross References This section cited in 101 Pa. Code § 9.21 (relating to general).
§ 9.29. Form of reference to bills.
References to bills in all cases are by bill number, the last printer’s number of the bill, or to the active printer’s number if it has been restored to a prior print, and quotation of the title of the bill. (See also § 9.117 (relating to reverting to prior print)).
Cross References This section cited in 101 Pa. Code § 9.21 (relating to general).
RESOLUTIONS, MOTIONS AND CITATIONS
§ 9.41. General.
While joint resolutions take the form of a bill and go through the same procedure as a bill, other resolutions are more informal and do not require the three considerations and other formal procedure in each house. The procedure for preparing and introducing resolutions, motions and citations is generally the same. Accordingly, a reference contained in § § 9.42 to 9.48 (relating to resolutions, motions and citations) to a resolution shall also be deemed a reference to a motion and citation unless the context clearly indicates otherwise.
§ 9.42. Single house resolutions.
(a) General.—A single house resolution is a written resolution introduced in either house which does not require or contemplate concurrence by the other house.
(b) Use.—Common uses of such resolutions are for adopting rules, fixing the last day for introduction of bills, discharging a standing committee or conference committee from consideration of a bill and establishing a select or special committee to study or investigate a particular subject or matter or to arrange memorial services for deceased members.
Cross References This section cited in 101 Pa. Code § 9.41 (relating to general).
§ 9.43. Concurrent resolutions.
(a) General.—A concurrent resolution is a written resolution introduced in either house which requires or contemplates the concurrence of both houses.
(b) Use.—Common uses of such resolutions are for recalling a bill from the Governor or the other house, returning a bill to the Governor, adjournments sine die or in excess of three days, recesses in excess of a week and memorializing Congress.
Cross References This section cited in 101 Pa. Code § 9.41 (relating to general).
§ 9.44. Motions.
(a) General.—A motion is an oral or written motion made or introduced in either house which does not require or contemplate concurrence by the other house.
(b) Use.—Motions may be used to adjourn or recess (except where a concurrent resolution is required), concur or nonconcur in amendments by the house of reference, recede from amendments nonconcurred in by other house, insist on amendments nonconcurred in by other house, call for the previous question, raise a question of order or privilege, reconsider a vote or question, postpone action, commit or recommit to a committee, lay on or take from the table, amend a motion, limit or extend debate and to bring other matters before the house not otherwise provided for.
Cross References This section cited in 101 Pa. Code § 9.41 (relating to general).
§ 9.45. Citations.
A legislative citation is a written document used for the purpose of recognizing the achievements of a particular person or for a special occasion.
Cross References This section cited in 101 Pa. Code § 9.41 (relating to general).
§ 9.46. Introduction.
(a) Senate.—In the Senate, resolutions are introduced by presenting ten copies to the President; citations are presented to the Secretary of the Senate.
(b) House.—In the House, seven copies of concurrent resolutions and five copies of other resolutions are signed and dated by the sponsors and filed with the Chief Clerk who numbers them and distributes one copy to the news media and the remaining copies to the Speaker.
Cross References This section cited in 101 Pa. Code § 9.41 (relating to general).
§ 9.47. Reference to committee.
(a) General.—Except for privileged or other resolutions requiring immediate consideration and except as otherwise provided in this section, resolutions are referred to an appropriate committee.
(b) Citations.—In the Senate, citations are considered the same day without reference to a committee. In the House, citations are presented to the Chief Clerk and the Speaker for their signatures.
Cross References This section cited in 101 Pa. Code § 9.41 (relating to general).
§ 9.48. Printing.
(a) Senate.—Sine die and other resolutions (except procedural and adjournment resolutions and resolutions recalling bills from the Governor or the House) are printed in the same manner as bills.
(b) House.—Resolutions referred to a committee are printed and placed in the House files. An original citation is issued by the Chief Clerk along with such additional copies as the member may request.
Cross References This section cited in 101 Pa. Code § 9.41 (relating to general).
MISCELLANEOUS
§ 9.51. Amendments.
(a) Preparation and form.—Amendments to bills and joint resolutions are prepared by the Bureau in typewritten form and contain instructions, with reference to page and line numbers of the particular bill number and printer’s number, to add language (printed in the bill as amended in CAPITAL LETTERS) or strike language (printed in the bill as amended as lines through the deleted material) or both. Amendments to other legislative documents are prepared in the same way except that amendments to documents that were adopted are in the form of a resolution and brackets and underscoring are used in lieu of strike-outs and capital letters.
(b) Introduction in Senate.—Amendments are presented in ten copies, the original of which is signed by the sponsor. Upon request, any member must be furnished a copy and given a reasonable opportunity to review it prior to voting.
(c) Introduction in House.—Eight copies of a proposed amendment, signed by the sponsor, are presented to the Speaker, one of which is delivered to the news media. A copy is placed on the desk of each member.
§ 9.52. Conference committee reports.
(a) Preparation and introduction.—Reports of conference committees are prepared in quadruplicate by the Bureau. Three copies of the report are transmitted to the conference committee and are signed by the conferees who approve the report. The report is then introduced in both houses.
(b) Printing.—Reports of conference committees are printed together with the bill as agreed to by the committee. In printing the report, the bill is printed as though it had just been introduced without indicating any changes.
§ 9.53. Reorganization plans.
(a) Preparation and introduction.—Reorganization plans are prepared for the Governor’s office which transmits the plan, identified by a plan number, to both houses.
(b) Printing.—Upon receipt of the reorganization plan it is printed in the history and as a separate document for use of the members.
§ 9.54. Supplemental assistance plans.
The preparation, introduction and printing of supplemental assistance plans conform to the procedures that apply to reorganization plans.
§ 9.55. Administrative rules reports.
The preparation, introduction and printing of administrative rules reports conform generally to the procedures that apply to reorganization plans.
§ 9.56. Court rules reports.
The preparation, introduction and printing of court rules reports conform generally to the procedures that apply to reorganization plans.
§ 9.57. Regulatory review reports and resolutions.
(a) Reports.—The preparation, introduction and printing of regulatory review reports conform generally to the procedures that apply to reorganization plans.
(b) Resolutions.—The preparation, introduction and printing of regulatory review resolutions conform generally to the procedures that apply to concurrent resolutions.
§ 9.58. Surplus property disposition plans.
The preparation, introduction and printing of surplus property disposition plans conform generally to the procedures that apply to reorganization plans. However, additional resolutions may be prepared for individual members to approve the plan except for certain specified parcels.
§ 9.59. Sunset review resolutions and statutes.
(a) Resolutions.—Identical sunset review resolutions are prepared for the Secretary of the Senate and the Chief Clerk of the House of Representatives who arrange for their printing in the history and as a separate document for use of the members.
(b) Statutes.—An original or amendatory statute may be prepared for a member of the General Assembly to reestablish an agency. Only one agency may be the subject of a statute and must be referred to in its title.
Subchapter B. CONSIDERATION OF BILLS
GENERAL Sec.
9.61. Purpose of bill.
9.62. Scope of bill.
9.63. Requirements prior to consideration.
9.64. Fiscal notes.
9.65. Status of bills following first session.
CONSIDERATION BY COMMITTEE
9.71. Power of committee.
9.72. Studies and hearings.
9.73. Reporting bill from committee.
9.74. Discharge from consideration of bill.
CONSIDERATION BY GENERAL ASSEMBLY
9.81. General requirement and procedure.
9.82. First consideration.
9.83. Second consideration.
9.84. Third consideration.
9.85. Final passage.
9.86. Reconsideration of final action.
9.87. Later action on defeated bills.
9.88. Transmission to house of reference.
9.89. Concurrence in amendments by house of reference.
CONSIDERATION BY CONFERENCE COMMITTEE
9.101. Committee appointment and referral of bills.
9.102. Scope of deliberations.
9.103. Presentation of report.
9.104. Consideration of report.
9.105. Adoption of report.
AMENDMENTS
9.111. Right to submit amendments.
9.112. Scope of amendment.
9.113. Printing of amendments.
9.114. Adoption of amendments.
9.115. Reconsideration of amendments.
9.116. Printing of amended bills.
9.117. Reverting to prior print.
FINAL ENACTMENTS
9.121. Signing by presiding officers.
9.122. Presenting bill to Governor.
9.123. Recalling bill from Governor.
9.124. Failure of Governor to act.
9.125. Approval of bill by Governor.
9.126. Veto of bill by Governor.
9.127. Passage of vetoed bill.
9.128. Filing of final enactments.
9.129. Effective date of statutes.
GENERAL
§ 9.61. Purpose of bill.
A bill is used for, and limited to, the enactment of a new statute or the amendment of an existing statute.
§ 9.62. Scope of bill.
(a) General.—No bill may be passed containing more than one subject, which must be clearly expressed in its title, except a general appropriation bill or a bill codifying or compiling the law or a part thereof.
(b) Appropriations.—The general appropriation bill may embrace nothing but appropriations for the executive, legislative and judicial departments of the Commonwealth, for the public debt and for public schools. All other appropriations must be made by separate bills, each embracing but one subject.
§ 9.63. Requirements prior to consideration.
No bill may be considered by the General Assembly unless referred to a committee, printed for the use of the members and returned from the committee.
§ 9.64. Fiscal notes.
(a) Senate.—No bill requiring the expenditure of Commonwealth funds may be given third consideration unless it has been referred to the Appropriations Committee and a fiscal note has been attached thereto.
(b) House.—Each bill, except the general appropriation bill, requiring an expenditure of Commonwealth funds or entailing a loss of revenues must have a fiscal note prepared by the Appropriations Committee, and the bill must be referred to the Appropriations Committee for a fiscal note before it is given second consideration. An amendment to a bill having the same effect cannot be voted upon until the day following the distribution of a fiscal note.
§ 9.65. Status of bills following first session.
All bills and other matters pending before the General Assembly upon the expiration or adjournment sine die of a first regular session maintain their status and are pending before the second regular session.
CONSIDERATION BY COMMITTEE
§ 9.71. Power of committee.
The first step in the passage of a bill is its consideration by the standing committee to which it has been referred. Once a bill is in committee, the committee has full power over it.
§ 9.72. Studies and hearings.
Sometimes a bill is referred by the chairman to a subcommittee with instructions to study and make a report of its recommendations to the main committee. Persons or organizations interested in a proposed bill may request the main committee, through its chairman, for a public hearing or a personal audience.
§ 9.73. Reporting bill from committee.
(a) General.—If the committee decides that the bill is of sufficient merit to be considered by the house, the committee will direct that the bill be reported out for action. When a committee has ordered a bill to be reported to the house, the member to whom it is assigned must make the report thereof to the house either on the same day or at the next meeting of the house.
(b) Without amendment.—The committee may report the bill in exactly the same form as it was introduced. In that case, no amendments are necessary.
(c) With amendment.—The committee may feel that the form or substance of the bill can be improved, or the committee may discover errors which should be corrected before the bill comes before the house for action. This presents the first occasion for an amendment of the bill. The amendments are prepared by the Bureau. If the bill is reported as amended it is reprinted with the amendments indicated.
(d) Negative recommendation.—In rare instances, the committee may report out a bill with a negative recommendation.
§ 9.74. Discharge from consideration of bill.
(a) General.—Sometimes a committee may refuse to report a bill. In such cases, the committee may be discharged from further consideration of the bill. This is done by resolution adopted by a vote of the house having possession of the bill.
(b) Senate.—No committee may be discharged from consideration of any measure within 10 legislative days of its reference without unanimous consent of the Senate or after such 10-day period except by a majority vote of all members elected to the Senate.
(c) House.—No committee may be discharged from consideration of any measure within 15 days of its reference. After a discharge resolution has been on the calendar at least 1 legislative day, a member who signed it may call up the resolution and the House must proceed to its consideration. No discharge resolution may be considered during the last 6 legislative days of any session of the House. A discharge resolution must be passed by a majority vote of the members elected to the House.
CONSIDERATION BY GENERAL ASSEMBLY
§ 9.81. General requirement and procedure.
In order to become a law, every bill must come before the house of origin and the house of reference at least three times on 3 different legislative days. This is referred to as three considerations of the bill. As a matter of general practice the bill is not actually read. The reading clerk merely reads the first few words of the title.
§ 9.82. First consideration.
Should a committee favorably report a bill to the floor it is given a first consideration, unless there is an objection. On first consideration a bill is invariably agreed to and is never amended nor sent back to the committee from which it came, or to another committee for further consideration. Bills are not considered beyond first consideration until the latest print is on the desks of the members.
§ 9.83. Second consideration.
On second consideration the bill may be amended on the floor of the house. This can be done only by presenting amendments in writing. If the amendments are accepted by the house, the bill is again reprinted with the amendments indicated. On second consideration also, the bill may be sent back to the committee which originally considered it or to another committee. Otherwise, it may be agreed to, and then passes on automatically to third consideration.
§ 9.84. Third consideration.
The next step is considering and agreeing to the bill a third time and advancing it to final passage, at which time its merits may be debated. On third consideration, a bill may again be amended on the floor of the house, but only with the unanimous consent of all the members present, or the vote by which it passed second consideration may be reconsidered, in which case, it goes back to second consideration and may be amended without unanimous consent. In either case, if the bill is amended, it is once more reprinted with the new amendments included.
§ 9.85. Final passage.
(a) General.—If the bill is agreed to on third consideration without amendment, it usually immediately comes up for final passage which can be only in the form in which the bill then appears. If the bill is amended on third consideration, it lays over for vote on final passage until it is reprinted. Bills on final passage may not be amended except with the unanimous consent of all the members present. No bill may be declared passed unless a majority of all members elected to the house are recorded as voting for the same. Upon reversion to a prior print, a vote of final passage will not be taken until a copy of the bill containing the reverted printer’s number is placed on the desks of the members.
(b) Nonpreferred appropriation bills.—No bill appropriating moneys to charitable and educational institutions not under the absolute control of the Commonwealth may be declared passed unless two-thirds of all members elected to the house are recorded as voting for passage.
§ 9.86. Reconsideration of final action.
Provided the bill is in the possession of the house, a vote passing or defeating a bill may be reconsidered on the same day the vote was taken or within five succeeding legislative days or at any time after a bill is recalled from the Governor upon written motion of two members and an affirmative majority vote thereon and the question immediately recurs on the vote reconsidered. The bill may be sent back to committee for further action, or after appropriate procedure may be amended on the floor of the house, or it may again come up for final vote without change.
§ 9.87. Later action on defeated bills.
Unless the house has agreed to reconsider the vote, a defeated bill in the house of origin may not be reintroduced and a similar bill (including a bill from the other house of like import) may not be considered or acted upon during the same session.
§ 9.88. Transmission to house of reference.
Following final passage by the house of origin, the bill is delivered to the house of reference before the close of its next legislative day where it is referred to a standing committee by the presiding officer and follows the same course of passage as in the house of origin. Either house may defeat a bill of the other house or may pass the bill with or without amendment.
§ 9.89. Concurrence in amendments by house of reference.
(a) Concurrence.—If a bill that has passed the house of origin is amended in the house of reference, it is sent back to the house of origin for its concurrence in the amendments. If the house of origin agrees to the amendments, the bill is ready for action by the Governor.
(b) Nonconcurrence.—If the house of origin does not agree to the amendments, it so advises the house of reference, which may then either give up its amendments, which is known as ‘‘receding from its amendments,’’ and agree to the bill in the form in which it passed the house of origin, or it may insist on its amendments, in which case the house of origin may either agree to the amendments or again refuse to agree to them, which is known as ‘‘insisting on its nonconcurrence in the amendments’’ of the house of reference.
(c) Vote on concurrence.—Unless the house decides otherwise by unanimous consent, the vote on concurrence in amendments cannot be taken until the bills have been placed on the desks of the members and referred to on their calendars. The amendments must be concurred in by a majority vote of members elected to the house or, in the case of non-preferred appropriations, by a vote of two-thirds of the members elected to the house.
CONSIDERATION BY CONFERENCE COMMITTEE
§ 9.101. Committee appointment and referral of bills.
If the house of origin refuses to concur in amendments made by the house of reference, the bill is usually sent to a conference committee (formally referred to as a committee of conference) made up of three members from each house appointed by the presiding officers.
§ 9.102. Scope of deliberations.
The conference committee confines its deliberations to the differences which exist between the two houses unless both houses direct a free conference. In practice, frequently a conference committee enters upon a complete reconsideration of the bill before it. The conference committee makes such changes in the provisions of the bill as it believes will make the bill acceptable to both houses, or it may decide to send the bill back without change. In either case, the bill is reprinted following presentation of the committee report. This print, unlike other prints following amendments, does not indicate the changes made.
§ 9.103. Presentation of report.
The presentation of a report of a conference committee to each house is in order after having been signed by a majority of the members of the committee of each house.
§ 9.104. Consideration of report.
Consideration of a report of a conference committee by each house is in order after it has been printed (without indicating changes made), placed on the desks of the members and listed on the calendars.
§ 9.105. Adoption of report.
Reports of conference committees may be adopted in either house only by the vote of a majority of the members elected thereto or, in the case of nonpreferred appropriations, by a vote of two-thirds of the members elected thereto. It is not accepted practice to amend a conference report.
AMENDMENTS
§ 9.111. Right to submit amendments.
Any committee may amend a bill in its possession and thereafter any member may move to amend a bill provided the proposed amendment is germane to the subject to the bill. In either case, the amendment should be prepared by the Bureau.
§ 9.112. Scope of amendment.
No bill may be so altered or amended, on its passage through either house, as to change its original purpose.
§ 9.113. Printing of amendments.
All amendments to a bill are printed for the use of the members before the vote is taken on the amendments.
§ 9.114. Adoption of amendments.
Amendments to bills may be adopted in either house only by the vote of a majority of the members voting.
§ 9.115. Reconsideration of amendments.
Amendments adopted or defeated may not be considered again without reconsidering the vote unless the house, by a majority vote of the members present, decides to revert to a prior printer’s number.
§ 9.116. Printing of amended bills.
(a) General.—Bills reported or re-reported from committee with amendments and bills on the calendar amended by the house must be reprinted and a new printer’s number assigned before any action is taken thereon.
(b) Form.—In printing bills following amendments either in committee or on the floor, all language eliminated by the amendment appears in strike-out-type and all language inserted is in CAPITAL LETTERS. If the bill is again amended in the house of origin, everything appearing in strike-out-type in the former print is omitted from the new print, and the capital letters are changed to lower case. The same rule prevails in the case of the first amendment made by the house of reference. But if the house of reference amends the bill more than once, its former amendments are not eliminated from the print, because the house of origin uust have before it all amendments made by the house of reference in order to decide whether or not it will concur in the changes.
(c) Conflicting amendments.—Frequently, separate amendments which are in conflict with each other are adopted to the same printer’s number. In such case, in inserting the adopted amendments into the bill for reprinting, the Bureau attempts to resolve this conflict. When the conflict cannot be resolved, a reprinted bill may contain conflicting provisions. While the Bureau attempts to alert the leadership of the house in which the bill is under consideration as to the conflict, it is necessary for the house to carefully review the new print and correct the conflict by amendment or other appropriate action.
(d) Corrective reprints.—Occasionally, bills reprinted for the purpose of incorporating amendments adopted by either house or a committee contain errors which merit correction before consideration by the house having possession of the bill. In such case, the bill is reprinted without formal amendment with the caption ‘‘CORRECTIVE REPRINT’’ at the top of the first page of the bill. If the words ‘‘HOUSE AMENDED’’ or ‘‘SENATE AMENDED’’ also appear, they are immediately preceded on a separate line by ‘‘CORRECTIVE REPRINT’’. The form of the bill is not changed to show the error or the correction.
(e) Receding from amendments.—If a bill has been amended and reprinted and thereafter an amendment is reconsidered and defeated, the amendment is removed from the bill and the new print will be reproduced as if the amendment had not been adopted. The action line on the new print will carry the information that the amendment was reconsidered.
§ 9.117. Reverting to prior print.
If it is desired to restore a bill to its condition in an earlier print, it is not necessary to adopt a new amendment in the house of introduction but it may be accomplished by a motion to restore the bill to a former designated printer’s number. If the motion is carried the printer’s number designated will be placed on the calendar for further action, and all subsequent printer’s numbers of the same bill will become inactive, thus saving considerable time, effort and money in avoiding further reprinting.
Cross References This section cited in 101 Pa. Code § 9.29 (relating to form of reference to bills).
FINAL ENACTMENTS
§ 9.121. Signing by presiding officers.
The presiding officer of each house, in the presence of the house over which he presides, signs all bills passed by the General Assembly, after their titles have been publicly read immediately before signing, and the fact of signing is entered on the journal. The presiding officer of the house of origin signs the bill within one legislative day after receipt or passage and it is delivered to the house of reference before the close of its next legislative day for signature by its presiding officer.
§ 9.122. Presenting bill to Governor.
Every bill which passes both houses must be presented to the Governor for his approval or veto. They are delivered to the Governor within 24 hours after their receipt by the house of origin from the house of reference.
§ 9.123. Recalling bill from Governor.
Until the Governor has acted on a bill, the General Assembly may, by concurrent resolution presented in the house of origin, adopted by both houses and approved by the Governor, recall the bill for further consideration, in which case it may be again amended and passed by both houses in the amended form and again sent to the Governor; or it may be returned to the Governor without amendment. The latter is done by concurrent resolution, likewise originating in the house of origin.
§ 9.124. Failure of Governor to act.
If any bill is not returned by the Governor within ten days after it has been presented to him, the bill becomes law in like manner as if he had signed it, unless the General Assembly, by its adjournment, prevents its return, in which case it becomes law, unless he files the same, with his objections, in the office of the Secretary of the Commonwealth, and gives notice thereof by public proclamation within 30 days after such adjournment.
§ 9.125. Approval of bill by Governor.
If the Governor approves the bill, he signs it and it becomes a law.
§ 9.126. Veto of bill by Governor.
(a) General.—If the Governor disapproves the bill he returns it with his objections to the house of origin, which house enters the objections at large upon the journal, and proceeds to reconsider it.
(b) Partial disapproval of appropriation.—The Governor may disapprove any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved become law, and the item or items of appropriation disapproved are void, unless repassed by the General Assembly.
§ 9.127. Passage of vetoed bill.
(a) General.—If, after such reconsideration by the house of origin, two-thirds of all the members elected to that house agree to pass the bill, it is sent with the objections to the house of reference by which likewise it is re-considered and if approved by two-thirds of all the members elected to that house it becomes a law.
(b) Consideration during second session.—A bill vetoed in a first regular session and not finally acted upon may be brought up for consideration during the second regular session.
§ 9.128. Filing of final enactments.
The official certified copy of each bill which becomes a law is placed in the custody of the Secretary of the Commonwealth and filed in the Department of State. It then loses its identity as a bill and becomes an ‘‘Act of the General Assembly.’’ Each statute is assigned an act number in the chronological order in which they are finally enacted beginning with No. 1 for the first bill enacted by the General Assembly during each regular or special session. When published in the Laws of Pennsylvania, each statute is assigned a ‘‘P. L.’’ number conforming to the number of the page of the Laws of Pennsylvania where the statute begins.
§ 9.129. Effective date of statutes.
(a) General rule.—Statutes enacted at any regular or special session are effective 60 days after final enactment unless a different date is specified in the statute itself. If a statute is finally enacted after the date specified in the statute, the statute is effective 60 days after final enactment. Different rules apply to various statutes finally enacted prior to June 6, 1969.
(b) Statutes making appropriations.—Appropriation statutes, or statutes having appropriation items, are effective on the first day of July next following their final enactment, unless a different date is specified in the statute itself, or unless any such statute is enacted finally after the first day of July in any year, or after the date specified in the statute, in which case it is effective immediately upon final enactment.
(c) Statutes affecting political subdivision budget.—Statutes affecting the budget of any political subdivision are effective on the date specified in the statute, or if no date is specified, then at the beginning of the fiscal year of the political subdivision affected following the date of final enactment of the statute.
(d) Provisions changed by amendment.—Whenever a section or part of a statute is amended, the amendment is construed as merging into the original statute, becomes a part thereof, and replaces the part amended, and the remainder of the original statute and the amendment are read together and viewed as one statute passed at one time; but the portions of the statute which were not altered by the amendment are construed as effective from the time of their original enactment, and the new provisions are construed as effective only from the date when the amendment became effective.
(e) Provisions of reenacted statute.—Whenever a statute reenacts a former statute, the provisions common to both statutes date from their first adoption. Such provisions only of the former statute as are omitted from the reenactment are deemed abrogated, and only the new or changed provisions are deemed to be the law from the effective date of the reenactment.
Subchapter C. CONSIDERATION OF OTHER DOCUMENTS
JOINT RESOLUTIONS Sec.
9.141. Purpose of joint resolution.
9.142. Form of joint resolution.
9.143. Signing and filing.
9.144. First passage and publication.
9.145. Second passage and publication.
9.146. Submission to electorate and vote.
9.147. Proclamation of results.
9.148. Emergency amendments.
REORGANIZATION PLANS
9.151. Plan designation and resolutions.
9.152. Limitations on resolution.
9.153. Printing of plan and resolution.
9.154. Time for consideration by General Assembly.
9.155. Action by General Assembly.
9.156. Failure of General Assembly to approve or disapprove.
9.157. Effective date of plan.
SUPPLEMENTAL ASSISTANCE PLANS
9.161. Plan designation and resolutions.
9.162. Limitations on resolution.
9.163. Printing of plan and resolution.
9.164. Time for consideration by General Assembly.
9.165. Action by General Assembly.
9.166. Failure of General Assembly to approve or disapprove.
9.167. Effective date of plan.
SURPLUS PROPERTY DISPOSITION PLANS
9.171. Plan designation and resolutions.
9.172. Limitations on resolution.
9.173. Printing of plan and resolution.
9.174. Time for consideration by General Assembly.
9.175. Action by General Assembly.
9.176. Failure of General Assembly to approve or disapprove.
9.177. Effective date of plan.
ADMINISTRATIVE RULES REPORTS
9.181. Report designation and resolutions.
9.182. Limitations on resolution.
9.183. Printing of report and resolution.
9.184. Time for consideration by General Assembly.
9.185. Action by General Assembly.
9.186. Failure of General Assembly to approve or disapprove.
9.187. Effective date of report.
COURT RULES REPORTS
9.191. Report designation and resolutions.
9.192. Printing of report and resolution.
9.193. Time for consideration by General Assembly.
9.194. Action by General Assembly.
9.195. Failure of General Assembly to approve or disapprove.
9.196. Effective date of report.
REGULATORY REVIEW REPORTS
9.201. Report designation and resolutions.
9.202. Printing of report and resolution.
9.203. Time for consideration by General Assembly.
9.204. Action by General Assembly.
9.205. Failure of General Assembly to approve or disapprove.
9.206. Effective date of regulation.
REGULATORY REVIEW RESOLUTIONS
9.211. Action by commission and committee.
9.212. Printing of resolution.
9.213. Time for consideration by General Assembly.
9.214. Action by General Assembly.
9.215. Failure of General Assembly to disapprove.
9.216. Effective date of regulation.
SUNSET REVIEW RESOLUTIONS
9.221. Action by presiding officer.
9.222. Printing of resolution.
9.223. Time for consideration by General Assembly.
9.224. Action by General Assembly.
9.225. Failure of General Assembly to approve.
SUNSET REVIEW STATUTES
9.231. Reestablishment of agency by statute.
9.232. Type of statute.
9.233. Time for consideration by General Assembly.
9.234. Action by General Assembly.
9.235. Failure of General Assembly to enact statute.
RESOLUTIONS, MOTIONS AND CITATIONS
9.241. Resolutions not referred to committee.
9.242. Resolutions reported from committee.
9.243. Vote for adopting resolutions.
9.244. Signing of resolutions.
9.245. Approval by Governor.
9.246. Citations.
JOINT RESOLUTIONS
§ 9.141. Purpose of joint resolution.
Joint resolutions are used for amendments to the Constitution of Pennsylvania and for ratification of amendments to the Constitution of the United States.
§ 9.142. Form of joint resolution.
Joint resolutions are prepared in the form of a bill and contain brackets to indicate deletions and underscoring to indicate additions. Otherwise, the form (title, resolving clause, etc.) is peculiar to joint resolutions.
§ 9.143. Signing and filing.
(a) Signing.—The presiding officer of each house, in the presence of the house over which he presides, signs all joint resolutions passed by the General Assembly, after their titles have been publicly read immediately before signing and the fact of signing is entered on the journal.
(b) Filing.—When a joint resolution is passed by both houses, it is not transmitted to the Governor for approval or disapproval but is filed in the Office of the Secretary of the Commonwealth.
§ 9.144. First passage and publication.
If a joint resolution amending the Constitution of Pennsylvania is agreed to by a majority of the members elected to each house, such proposed amendment is entered on their journals with the yeas and nays taken thereon, and the Secretary of the Commonwealth must publish the same three months before the next general election in at least two newspapers in every county in which such newspapers are published.
§ 9.145. Second passage and publication.
If, in the General Assembly next afterwards chosen, such proposed amendment is agreed to by a majority of the members elected to each house, the Secretary of the Commonwealth must again publish the same three months before the next general election in at least two newspapers in every county in which such newspapers are published.
§ 9.146. Submission to electorate and vote.
(a) General.—When a proposed amendment is agreed to by two General Assemblies, it is submitted to the qualified electors of this Commonwealth in such manner, and at such time at least three months after being so agreed to by the two houses, as is provided in the Pennsylvania Election Code (25 P. S. § 2600 et seq.) or as the General Assembly shall otherwise prescribe. If such amendment is approved by a majority of those voting thereon, such amendment becomes a part of the Constitution.
(b) Limitations.—No amendment may be submitted more than once in five years. When two or more amendments are submitted they are voted upon separately.
§ 9.147. Proclamation of results.
The Secretary of the Commonwealth, whenever a proposed amendment to the Constitution has been on the ballot at any election, certifies the result of the election thereon to the Governor immediately upon receiving the official returns from all counties of this Commonwealth, and the Governor thereupon issues his proclamation indicating whether or not the proposed amendment has been adopted by a majority of the electors voting thereon. The proclamation is published in the next available volume of the Laws of Pennsylvania.
§ 9.148. Emergency amendments.
(a) General.—In the event a major emergency threatens or is about to threaten this Commonwealth and if the safety or welfare of this Commonwealth requires prompt amendment to the Constitution, such amendment may be proposed in the Senate or House at any regular or special session of the General Assembly.
(b) Passage and publication.—If an emergency amendment is agreed to by at least two-thirds of the members elected to each house, the proposed amendment is entered on the journal of each house with the yeas and nays taken thereon and the Secretary of the Commonwealth promptly publishes such proposed amendment in at least two newspapers in every county in which such newspapers are published.
(c) Submission to electorate and vote.—Following the passage and publication of the amendment it is then submitted to the qualified electors of this Commonwealth at least one month after being agreed to by both houses. If an emergency amendment is approved by a majority of the qualified electors voting thereon, it becomes part of the Constitution. When two or more emergency amendments are submitted they are voted on separately.
REORGANIZATION PLANS
§ 9.151. Plan designation and resolutions.
Reorganization plans transmitted by the Governor to the General Assembly under the Reorganization Act of 1955 (71 P. S. § 750-1 et seq.). are designated by year and number in the order in which transmitted and are accompanied by a resolution to approve the plan and a resolution to disapprove the plan.
§ 9.152. Limitations on resolution.
No resolution is effective:
(1) Unless it designates the number of the reorganization plan and the date on which it was transmitted to the General Assembly; or
(2) If it specifies more than one plan.
§ 9.153. Printing of plan and resolution.
The reorganization plan is printed as a separate document and is also printed in the history of bills. The resolutions of approval and disapproval are printed on the daily calendar of each house beginning the next legislative day following receipt of the plan and remain on the calendar for the required period for action or until approved or disapproved, whichever first occurs.
§ 9.154. Time for consideration by General Assembly.
A reorganization plan must be considered by each house within 30 calendar days of continuous session of the General Assembly. Continuity of session is considered broken only by an adjournment of the General Assembly sine die 3 and the 30 day period is computed so as to exclude days on which either house is not in session because of an adjournment of more than ten days to a day certain.
§ 9.155. Action by General Assembly.
A reorganization plan takes effect if it is approved by a majority vote of the duly elected membership of each house during such 30 day period, or may be effectively disapproved by action of either house during that period by a majority vote of the duly elected membership of such house. The approval or disapproval is accomplished by the adoption of the appropriate resolution.
§ 9.156. Failure of General Assembly to approve or disapprove.
Upon the failure of the General Assembly to approve or disapprove the reorganization plan, the plan becomes effective upon the expiration of the 30 day period after the delivery of the plan to both houses.
§ 9.157. Effective date of plan.
The reorganization plan may contain a provision making the plan operative at a time later than the date on which the plan would otherwise take effect. In the absence of such a provision, the effective date of the plan is:
(1) The date of approval of the last of the two houses to act, upon approval of the plan by the General Assembly; or
(2) The date of the expiration of the 30 day period after the delivery of the plan to both houses, upon failure of the General Assembly to approve or disapprove the plan prior thereto.
SUPPLEMENTAL ASSISTANCE PLANS
§ 9.161. Plan designation and resolutions.
Supplemental assistance plans transmitted by the Governor to the General Assembly under section 432 of the Public Welfare Code (62 P. S. § 432) are designated by year and number in the order in which transmitted and are accompanied by a resolution to approve the plan and a resolution to disapprove the plan.
§ 9.162. Limitations on resolution.
No resolution is effective:
(1) Unless it designates the number of the supplemental assistance plan and the date on which it was transmitted to the General Assembly; or
(2) If it specifies more than one plan.
§ 9.163. Printing of plan and resolution.
The supplemental assistance plan is printed as a separate document and is also printed in the history of bills. The resolutions of approval and disapproval are printed on the daily calendar of each house beginning the next legislative day following receipt of the plan and remain on the calendar for the required period for action or until approved or disapproved, whichever first occurs.
§ 9.164. Time for consideration by General Assembly.
A supplemental assistance plan must be considered by each house within 30 calendar days of continuous session of the General Assembly. Continuity of session is considered broken only by an adjournment of the General Assembly sine die and the 30-day period is computed so as to exclude days on which either house is not in session because of an adjournment of more than ten days to a day certain.
§ 9.165. Action by General Assembly.
A supplemental assistance plan takes effect if it is approved by a majority vote of the duly elected membership of each house during the 30-day period, or may be effectively disapproved by action of either house during that period by a majority vote of the duly elected membership of such house. The approval or disapproval is accomplished by the adoption of the appropriate resolution.
§ 9.166. Failure of General Assembly to approve or disapprove.
Upon the failure of the General Assembly to approve or disapprove the supplemental assistance plan, the plan becomes effective upon the expiration of the 30-day period after the delivery of the plan to both houses.
§ 9.167. Effective date of plan.
The supplemental assistance plan may contain a provision making the plan operative at a time later than the date on which the plan would otherwise take effect. In the absence of such a provision, the effective date of the plan is:
(1) The date of approval of the last of the two houses to act, upon approval of the plan by the General Assembly; or
(2) The date of the expiration of the 30-day period after the delivery of the plan to both houses, upon failure of the General Assembly to approve or disapprove the plan prior thereto.
SURPLUS PROPERTY DISPOSITION PLANS
§ 9.171. Plan designation and resolutions.
Surplus property disposition plans transmitted by the Governor to the General Assembly under the section 2404-A of The Administrative Code of 1929 (71 P. S. § 651.4) are designated by year and number in the order in which transmitted and are accompanied by a resolution to approve the plan and a resolution to disapprove the plan.
§ 9.172. Limitations on resolution.
No resolution is effective:
(1) Unless it designates the number of the surplus property disposition plan and the date on which it was transmitted to the General Assembly; or
(2) If it specifies more than one plan.
§ 9.173. Printing of plan and resolution.
The surplus property disposition plan is printed as a separate document and is also printed in the history of bills. The resolutions of approval and disapproval are printed on the daily calendar of each house beginning the next legislative day following receipt of the plan and remain on the calendar for the required period for action or until approved or disapproved, whichever first occurs.
§ 9.174. Time for consideration by General Assembly.
A surplus property disposition plan must be considered by each house within 30 calendar days of continuous session of the General Assembly. Continuity of session is considered broken only by an adjournment of the General Assembly sine die and the 30-day period is computed so as to exclude days on which either house is not in session because of an adjournment of more than ten days to a day certain.
§ 9.175. Action by General Assembly.
(a) General.—A surplus property disposition plan takes effect if it is approved by a majority vote of the duly elected membership of each house during the 30-day period, or may be effectively disapproved by action of either house during that period by a majority vote of the duly elected membership of such house. The approval or disapproval is accomplished by the adoption of the appropriate resolution.
(b) Partial disapproval.—A member may obtain an additional resolution for the disapproval of one or more parcels in the plan.
§ 9.176. Failure of General Assembly to approve or disapprove.
Upon the failure of the General Assembly to approve or disapprove the surplus property disposition plan, the plan becomes effective upon the expiration of the 30-day period after the delivery of the plan to both houses.
§ 9.177. Effective date of plan.
The surplus property disposition plan may contain a provision making the plan operative at a time later than the date on which the plan would otherwise take effect. In the absence of such a provision, the effective date of the plan is:
(1) The date of approval of the last of the two houses to act, upon approval of the plan by the General Assembly; or
(2) The date of the expiration of the 30-day period after the delivery of the plan to both houses, upon failure of the General Assembly to approve or disapprove the plan prior thereto.
ADMINISTRATIVE RULES REPORTS
§ 9.181. Report designation and resolutions.
Subject to any inconsistent provision contained in the statute under which the report is submitted, administrative rules reports transmitted by the Governor or other agency to the General Assembly are designated by year and number in the order in which transmitted and are accompanied by a resolution to approve the report and a resolution to disapprove the report.
§ 9.182. Limitations on resolution.
Subject to any inconsistent provision contained in the statute under which the report is submitted, no resolution is effective:
(1) Unless it designates the number of administrative rules report and the date on which it was transmitted to the General Assembly; or
(2) If it specifies more than one report.
§ 9.183. Printing of report and resolution.
Subject to any inconsistent provision contained in the statute under which the report is submitted, the administrative rules report is printed as a separate document and is also printed in the history of bills. The resolutions of approval and disapproval are printed on the daily calendar of each house beginning the next legislative day following receipt of the report and remain on the calendar for the required period for action or until approved or disapproved, whichever first occurs.
§ 9.184. Time for consideration by General Assembly.
Subject to any inconsistent provision contained in the statute under which the report is submitted, an administrative rules report must be considered by each house within 30 calendar days of continuous session of the General Assembly. Continuity of session is considered broken only by an adjournment of the General Assembly sine die and the 30-day period is computed so as to exclude days on which either house is not in session because of an adjournment of more than ten days to a day certain.
§ 9.185. Action by General Assembly.
Subject to any inconsistent provision contained in the statute under which the report is submitted, an administrative rules report takes effect if it is approved by a majority vote of the duly elected membership of each house during the 30-day period, or may be effectively disapproved by action of either house during that period by a majority vote of the duly elected membership of such house. The approval or disapproval is accomplished by the adoption of the appropriate resolution.
§ 9.186. Failure of General Assembly to approve or disapprove.
Subject to any inconsistent provision contained in the statute under which the report is submitted, upon the failure of the General Assembly to approve or disapprove the administrative rules report, the report becomes effective upon the expiration of the 30-day period after the delivery of the report to both houses.
§ 9.187. Effective date of report.
Subject to any inconsistent provision contained in the statute under which the report is submitted, the administrative rules report may contain a provision making the report operative at a time later than the date on which the report would otherwise take effect. In the absence of such a provision, the effective date of the report is:
(1) The date of approval of the last of the two houses to act, upon approval of the report by the General Assembly; or
(2) The date of the expiration of the 30-day period after the delivery of the report to both houses, upon failure of the General Assembly to approve or disapprove the report prior thereto.
COURT RULES REPORT
§ 9.191. Report designation and resolutions.
Court rules reports transmitted by the Supreme Court to the General Assembly under section 503 of the Judicial Code, 42 Pa.C.S. § 503 (relating to reassignment of matters) are designated by year and number in the order in which transmitted and are accompanied by a resolution to approve the report and a resolution to disapprove the report.
§ 9.192. Printing of report and resolution.
The court rules report is printed as a separate document and is also printed in the history of bills. The resolutions of approval and disapproval are printed on the daily calendar of each house beginning the next legislative day following receipt of the report and remain on the calendar for the required period for action or until approved or disapproved, whichever first occurs.
§ 9.193. Time for consideration by General Assembly.
A court rules report must be considered by each house within 120 calendar days of continuous session of the General Assembly. Continuity of session is considered broken only by an adjournment of the General Assembly sine die and the 120-day period is computed so as to exclude days on which either house is not in session because of an adjournment of more than 10 days to a day certain.
§ 9.194. Action by General Assembly.
A court rules report takes effect if it is approved by a majority vote of the duly elected membership of each house during the 120-day period, or may be effectively disapproved by action of either house during that period by a majority vote of the duly elected membership of such house. The approval or disapproval is accomplished by the adoption of the appropriate resolution.
§ 9.195. Failure of General Assembly to approve or disapprove.
Upon the failure of the General Assembly to approve or disapprove the court rules report, the report becomes effective upon the expiration of the 120-day period after the delivery of the report to both houses.
§ 9.196. Effective date of report.
The court rules report may contain a provision making the report operative at a time later than the date on which the report would otherwise take effect. In the absence of such a provision, the effective date of the report is:
(1) The date of approval of the last of the two houses to act, upon approval of the report by the General Assembly; or
(2) The date of the expiration of the 120-day period after the delivery of the report to both houses, upon failure of the General Assembly to approve or disapprove the report prior thereto.
REGULATORY REVIEW REPORTS
§ 9.201. Report designation and resolutions.
Regulatory review reports for proposed regulations transmitted by the Independent Regulatory Review Commission to the General Assembly under section 7(b) of the Regulatory Review Act (71 P. S. § 745.7(b)) are designated by year and number in the order in which transmitted and are accompanied by a resolution to approve the regulation, a resolution to disapprove the regulation and a resolution to disapprove the regulation but permit its adoption.
§ 9.202. Printing of report and resolution.
The regulatory review report is printed as a separate document and is also printed in the history of bills. The resolutions of approval and disapproval are printed on the daily calendar of each house beginning the next legislative day following receipt of the regulations and remain on the calendar for the required period for action or until approved or disapproved, whichever first occurs.
§ 9.203. Time for consideration by General Assembly.
A regulatory review report must be considered by each house within 30 calendar days of continuous session of the General Assembly. Continuity of session is considered broken only by an adjournment of the General Assembly sine die and the 30-day period is computed so as to exclude days on which either house is not in session because of an adjournment of more than ten days to a day certain.
§ 9.204. Action by General Assembly.
A proposed regulation referred to in a regulatory review report takes effect if it is approved by a majority vote of the duly elected membership of each house during the 30-day period, or may be effectively disapproved by action of either house during that period by a majority vote of the duly elected membership of such house. The approval or disapproval is accomplished by the adoption of the appropriate resolution.
§ 9.205. Failure of General Assembly to approve or disapprove.
Upon the failure of the General Assembly to approve or disapprove the proposed regulation referred to in a regulatory review report, the regulation becomes approved upon the expiration of the 30-day period after the delivery of the regulation to both houses.
§ 9.206. Effective date of regulation.
The proposed regulation referred to in a regulatory review report may contain a provision making the regulation operative at a time later than the date on which the regulation would otherwise take effect. In the absence of such a provision, the effective date of the approval of the regulation is:
(1) The date of approval of the last of the two houses to act, upon approval of the regulation by the General Assembly; or
(2) The date of the expiration of the 30-day period after the delivery of the regulation to both houses, upon failure of the General Assembly to approve or disapprove the regulation prior thereto.
REGULATORY REVIEW RESOLUTIONS
§ 9.211. Action by commission and committee.
When a designated committee of the Senate or House has notified the Independent Regulatory Review Commission of its disapproval of a proposed regulation but the commission approves the regulation and notifies the committee of this fact, within ten days of the receipt of this notice the committee under section 7(c) of the Regulatory Review Act (71 P. S. § 745.7(c)) may report to the Senate or House a concurrent resolution to disapprove the regulation or a concurrent resolution to disapprove the regulation but permit its adoption. The resolution is designated as a ‘‘SENATE CONCURRENT REGULATORY REVIEW RESOLUTION’’ or a ‘‘HOUSE CONCURRENT REGULATORY REVIEW RESOLUTION.’’
§ 9.212. Printing of resolution.
The regulatory review resolution is printed as a separate document and is also printed in the history of bills. The resolution is printed on the daily calendar of the appropriate house beginning the next legislative day following report from committee and remains on the calendar for the required period for action or until disapproved, whichever first occurs.
§ 9.213. Time for consideration by General Assembly.
A regulatory review resolution must be considered by the General Assembly within 30 calendar days or 10 legislative days, whichever is longer, from the date of reporting the resolution from committee.
§ 9.214. Action by General Assembly.
A proposed regulation referred to in a regulatory review resolution is disapproved if both the Senate and House agree to the resolution within the allotted time period. The regulation may be adopted if the resolution permits the adoption despite the disapproval.
§ 9.215. Failure of General Assembly to disapprove.
Failure of both the Senate and House to agree to the resolution within the allotted time period constitutes approval of the regulation.
§ 9.216. Effective date of regulation.
The proposed regulation referred to in a regulatory review resolution may contain a provision making the regulation operative at a time later than the date on which the regulation would otherwise take effect. In the absence of such a provision, the effective date of the approval of the regulation is the date of the expiration of the 30 calendar days or 10 calendar days, whichever is longer, after the resolution is reported by the committee, upon failure of the Senate and House to disapprove the regulation prior thereto.
SUNSET REVIEW RESOLUTIONS
§ 9.221. Action by presiding officer.
Unless legislation is enacted prior to November 1 reestablishing an agency scheduled for termination under section 6 of the Sunset Act (71 P. S. § 1795.6), the presiding officer of each house shall cause to be placed on their respective calendars for the first legislative day in November, the question, in the form of a resolution, of whether an agency scheduled for termination on December 31 of that year shall be continued. The resolution is designated as a ‘‘SUNSET REVIEW RESOLUTION.’’ The Sunset Leadership Committee may postpone the review or termination of any agency for a period not exceeding 1 year.
§ 9.222. Printing of resolution.
The sunset review resolution is printed as a separate document and is also printed in the history of bills. The title of the resolution is printed on the daily calendar of each house beginning the first legislative day in November (or the month preceding the month of termination in the case of a postponement) and remains on the calendar for the required period for action or until approved or disapproved, whichever first occurs.
§ 9.223. Time for consideration by General Assembly.
A sunset review resolution must be considered by the General Assembly prior to the agency termination date of December 31 (or other date to which termination has been postponed).
§ 9.224. Action by General Assembly.
A sunset review resolution is approved and the agency is continued if both the Senate and House agree to the resolution within the allotted time period.
§ 9.225. Failure of General Assembly to approve.
Failure of both the Senate and House to agree to the resolution within the allotted time period results in the termination of the agency unless a sunset review statute reestablishing the agency is enacted prior to that date.
SUNSET REVIEW STATUTES
§ 9.231. Reestablishment of agency by statute.
An agency scheduled for termination under section 6 of the Sunset Act (71 P. S. § 1795.6) may be reestablished by statute for a period of ten years (unless otherwise specified in the statute) and shall be in a separate bill, in which no more than one agency may be reestablished, and the agency shall be mentioned in the title of the bill.
§ 9.232. Type of statute.
The sunset review statute is in the form of any other statute and may be an original or amendatory statute provided, in either case, it conforms to the requirements and limitations of the Sunset Act.
§ 9.233. Time for consideration by General Assembly.
A sunset review statute should be enacted by the General Assembly prior to November 1 of the year of termination (or other date to which termination has been postponed) but may be enacted any time prior to the date on which the agency is scheduled to terminate.
§ 9.234. Action by General Assembly.
A sunset review statute is enacted by the General Assembly in the same manner as any other statute.
§ 9.235. Failure of General Assembly to enact statute.
Failure of the General Assembly to enact a statute reestablishing an agency within the allotted time period results in the termination of the agency unless a sunset review resolution continuing the agency is approved prior to that date.
RESOLUTIONS, MOTIONS AND CITATIONS
§ 9.241. Resolutions not referred to committee.
(a) Senate.—Resolutions in reference to adjournment or recess or recalling bills from the Governor or relating to the disposition of matters immediately before the Senate are considered without reference to a committee.
(b) House.—Resolutions privileged for the immediate consideration of the House include resolutions:
(1) Recalling from or returning bills to the Governor or Senate.
(2) Originated by the Committee on Rules.
(3) Providing for a joint session of the General Assembly and its procedure.
(4) Placing bills negatived by committees on the calendar.
(5) Adjourning or recessing the House.
§ 9.242. Resolutions reported from committee.
Resolutions favorably reported from committee lie over one day for consideration after which they may be called up as of course.
§ 9.243. Vote for adopting resolutions.
All resolutions are adopted by a majority vote of the members present unless a vote of the majority of the members elected to the house is required for a particular resolution.
§ 9.244. Signing of resolutions.
(a) Senate.—Resolutions are signed by the President and attested by the Secretary of the Senate or, in his absence, the Chief Clerk.
(b) House.—Resolutions are signed by the Speaker and attested by the Chief Clerk.
§ 9.245. Approval by Governor.
Every order, resolution or vote, to which the concurrence of both houses is necessary, except on the question of adjournment and except joint resolutions proposing or ratifying constitutional amendments, is presented to the Governor and before it takes effect is approved by him or, being disapproved, may be repassed by two-thirds of both houses according to the rules and limitations prescribed in case of a bill.
§ 9.246. Citations.
(a) Senate.—Citations are presented to the Secretary of the Senate and are considered the same day.
(b) House.—Citations are presented to the Chief Clerk of the House for referral to the Speaker for his approval and signature.
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