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Pennsylvania Code



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.



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