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Pennsylvania Code



Subchapter B. RESOLUTIONS, MOTIONS AND CITATIONS


GENERAL

Sec.


17.41.    Use generally.
17.42.    Single house resolutions.
17.43.    Concurrent resolutions.
17.44.    Motions and citations.
17.45.    Form generally.
17.46.    Date line.
17.47.    Preamble.
17.48.    Body.
17.49.    Number and distribution of copies.
17.50.    Amendments.

JOINT RESOLUTIONS


17.61.    Use.
17.62.    Form.
17.63.    Title.
17.64.    Resolving clause.
17.65.    Body.
17.66.    Schedules.

GENERAL


§ 17.41. Use generally.

 Resolutions, motions and citations are used for separate actions of each house and concurrent resolutions are used for joint action of both houses where bills and joint resolutions are not appropriate. The procedure for preparing and introducing resolutions (except joint resolutions), motions and citations is generally the same. Accordingly, a reference contained in § §  17.42 to 17.50 (relating to resolutions, motions and citations) shall also be deemed a reference to a motion and citation unless the context clearly indicates otherwise.

§ 17.42. Single house resolutions.

 Common uses of Senate or House 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, establishing a select or special committee to study or investigate a particular subject or matter or to arrange memorial services for deceased members, and extending congratulations or condolences.

§ 17.43. Concurrent resolutions.

 Common uses of concurrent 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.

§ 17.44. Motions and citations.

 (a)  Motions. A motion may be oral or written. Motions may be used to adjourn or recess (except where a concurrent resolution is required), concur or nonconcur in amendments by 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.

 (b)  Citations. A legislative citation is a written document used only by the House for the purpose of extending congratulations to a particular person or for a special occasion. In the Senate, a resolution is used to accomplish the same purpose.

§ 17.45. Form generally.

 (a)  General. The form of Senate, House and concurrent resolutions is substantially the same except that resolutions to be presented in the Senate, whether a Senate resolution or a concurrent resolution, carry the Senate date line and any distinctive language contained in the resolution which indicates the fact that it originates in the Senate. Likewise, resolutions presented in the House are similarly identified.

 (b)  Titles. Resolutions, motions and citations do not contain titles expressing the subject of the contents as in the case of bills and joint resolutions.

§ 17.46. Date line.

 A Senate resolution or a concurrent resolution to be introduced in the Senate commences with the date line ‘‘In the Senate.’’ The date is left blank, to be filled in by the sponsor when he decides to use the resolution. If the resolution is a House resolution or a concurrent resolution to be used in the House, the date line will read ‘‘In the House of Representatives.’’

§ 17.47. Preamble.

 (a)  General. Some resolutions and citations begin with a preamble which is usually divided into several paragraphs, each of which may, but does not necessarily begin with the word ‘‘WHEREAS,’’ which, when used, is always written in capital letters. Each paragraph of the preamble concludes with a semicolon immediately followed by the word ‘‘and.’’ The last paragraph of the preamble concludes with a semicolon, even though it is the end of a complete sentence, and is immediately followed by the words, ‘‘therefore be it’’ with no punctuation.

 (b)  Citations. Citations and congratulatory or condolence resolutions vary from the form of other resolutions in that the preamble usually contains one ‘‘WHEREAS’’ at the beginning and the last paragraph concludes with a period.

§ 17.48. Body.

 (a)  General. The resolution itself may be in one or more paragraphs. Each paragraph begins with the word ‘‘RESOLVED,’’ which is always written in capital letters. If it is a concurrent resolution to be introduced in the Senate, the word ‘‘RESOLVED,’’ is immediately followed by ‘‘(the House of Representatives concurring),’’. In both cases, this is immediately followed by the word ‘‘That’’. In the case of a Senate resolution or a House resolution, the words in parentheses are omitted and the word ‘‘That’’ immediately follows the word ‘‘RESOLVED,’’. If there is more than one paragraph in the resolution, each paragraph, other than the last, ends with a semicolon, even though it may be at the end of a complete sentence, and the semicolon is followed by the words, ‘‘and be it further’’ without any punctuation. The following paragraph commences with the words ‘‘RESOLVED, That.’’

 (b)  Citations. Citations and congratulatory or condolence resolutions vary from the form of other resolutions in that the body usually consists of one paragraph beginning with ‘‘Now therefore, the Senate (or House of Representatives)’’ and ends with ‘‘and further directs that a copy of this citation be transmitted to’’ or ‘‘and further directs that a copy of this resolution, sponsored by Senator


, be transmitted to’’.

 (c)  Motions. A motion is usually in a form similar to the following:

 ‘‘Moved by the gentleman from


, Mr.
and seconded by the gentleman from
Mr.
that the vote by which House Bill No.
, Printer’s No.
entitled ‘
’ was defeated on final passage on Tuesday, May 12, 1955, be reconsidered.’’

§ 17.49. Number and distribution of copies.

 Eight copies are made of each resolution. None of the copies are backed. The eight copies are placed in a folder addressed to the member or other person for whom the resolution was drawn. The original and one carbon copy are placed in a folder for the Bureau files.

§ 17.50. Amendments.

 Some resolutions are printed in bill form. They are amended in the same way as bills. When a resolution is not printed amendments are made to the typewritten copy as introduced or to the resolution as printed in the history.

JOINT RESOLUTIONS


§ 17.61. Use.

 A joint resolution is used for the purpose of proposing amendments to the Constitution of Pennsylvania or ratifying proposed amendments to the Constitution of the United States.

§ 17.62. Form.

 While a joint resolution is not a bill in the usual sense, it is prepared in the form of a bill and amended in the same manner.

§ 17.63. Title.

 (a)  General. Joint resolutions do not require new matter in the title since the constitutional requirements relating to bills are not applicable. However, it is very helpful to have a title containing new matter which can usually be stated in a very few words.

 (b)  Form. The title of a joint resolution may be in substantially the following form:

‘‘A JOINT RESOLUTION

 Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, reducing the number of senatorial and representative districts.’’

§ 17.64. Resolving clause.

 Each joint resolution contains a resolving clause in the following form:

   ‘‘The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:’’

§ 17.65. Body.

 (a)  General. Each joint resolution includes a section or sections containing instructions in substantially the following form followed by the provision added or amended containing brackets to show deletions and underscoring to show additions:

 ‘‘Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eleventh article thereof:

 ‘‘That section sixteen, article two of the Constitution of the Commonwealth of Pennsylvania be amended to read:’’

 (b)  Submission to electorate. The last section of the joint resolution usually contains a provision relating to the submission of the proposed amendment to the electorate in substantially the following form:

 ‘‘Section 2. This proposed amendment shall be submitted by the Secretary of the Commonwealth to the qualified electors of this Commonwealth, at the primary election next held after the advertising requirements of article eleven, section one of the Constitution of the Commonwealth of Pennsylvania have been satisfied.’’

§ 17.66. Schedules.

 Occasionally, the provision amended is followed by a schedule containing temporary provisions such as the time the amendment is to be effective. The schedule, which is not officially a part of the Constitution, may be in substantially the following form:

‘‘SCHEDULE

 The foregoing amendment to article two of the Constitution of Pennsylvania shall become effective the year following that in which the next Federal decennial census is officially reported as required by Federal law.’’



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