1 GENERAL ASSEMBLY SECTION 3 The moral equivalent of war The war defined both the generation who experienced it and their children, much in the way that the Great Depression and World War II did 80 years later. For many veterans, finding an equivalent purpose was difficult. Those who had been too young to fight or were born later tried to live up to the example set by their fathers generation. For some, service in the Spanish-American War or in expanding America s colonial empire filled the need. Another manifestation may have been the late 19th century growth in college athletics. The war boosted the growth of new sports like football and baseball as colleges sought to give young men a defining, non-combat experience that stressed struggle, camaraderie, and teamwork, or the moral equivalent of war, as William James called it. A popular camp game, baseball was introduced to new areas by returning soldiers. To some extent, then, the experience of a Penn State or Pittsburgh football game or even the Steelers, Eagles, Pirates, or Phillies is a reminder of the Civil War.
2 3 2 THE PENNSYLVANIA MANUAL SECTION 3 GENERAL ASSEMBLY Page LEGISLATIVE PRACTICE AND PROCEDURE SALARIES OF THE GENERAL ASSEMBLY PENNSYLVANIA SENATE Senate Officers Alphabetical List of Senators Biographies of the Officers of the Senate President Pro Tempore Secretary-Parliamentarian of the Senate Chief Clerk of the Senate Biographies of Members of the Senate Senatorial District Maps Senate Legislative Districts Standing Committees of the Senate Senate Standing Committee Assignments Rules of the Senate Index to Rules of the Senate Ethical Conduct Rules of the Senate Decisions of the Senate on Points of Order Index to Decisions of the Senate PENNSYLVANIA HOUSE OF REPRESENTATIVES Officers and Executive Staff Alphabetical List of Representatives Biographies of the Officers of the House of Representatives Speaker of the House Chief Clerk of the House Comptroller Parliamentarian Biographies of Members of the House of Representatives House of Representatives District Maps House of Representatives Legislative Districts Legislative Districts by County Standing Committees of the House of Representatives House Standing Committee Assignments Rules of the House of Representatives Ethical Conduct Rules of the House of Representatives Index to Rules of the House of Representatives Decisions of the House of Representatives on Points of Order Index to Decisions of the House of Representatives STATISTICS OF BILLS PRESENTED BY THE LEGISLATURE LEGISLATIVE SERVICE AGENCIES LEGISLATIVE REFERENCE BUREAU PENNSYLVANIA LEGISLATIVE CORRESPONDENTS ASSOCIATION PAST AND PRESENT Members of the Senate Since Members of the House of Representatives Since Presidents Pro Tempore of the Senate Since Senate Floor Leaders Since Secretaries of the Senate Since Chief Clerks of the Senate Since Speakers of the Provincial Assembly Speakers of the House of Representatives Since House Floor Leaders Since Parliamentarians of the House of Representatives Since Secretaries of the House of Representatives Chief Clerks of the House of Representatives Since Comptrollers of the House of Representatives Since Political Division of the General Assembly Since Special Sessions of the General Assembly Since Length of Legislative Sessions Since
3 GENERAL ASSEMBLY 3 3 LEGISLATIVE PRACTICE AND PROCEDURE Time of Meeting The General Assembly convenes annually on the first Tuesday of January at 12 o clock Noon.* Officers of the Preceding Session Who Are Authorized to Be Present at the Organization of the Legislature. The Lieutenant Governor, who by the Constitution is made President of the Senate, presides at the opening of the Senate. Organization of the Senate Convening in Odd-Numbered Years. At twelve o clock noon on the first Tuesday in January in each odd-numbered year, the twenty-five Senators whose terms of office have not expired and the twenty-five Senatorselect, together with the returning officers of the Senate, assemble in the Senate Chamber and are called to order by the President of the Senate (the Lieutenant Governor), in the following form: This being the day fixed by the Constitution for the meeting of the General Assembly, the Senate will come to order. After prayer by the Chaplain, the Secretary of the Commonwealth, or his/her designee, being introduced by the Sergeant-at-Arms, presents to the Senate the returns of the election for Senators held at the previous November election. The Clerk proceeds to open and read the returns as presented, after which the newly elected Senators present themselves in front of the Clerk s desk for the administration of the oath of office. The oath is administered by a Justice of the Supreme Court or a judge of another court learned in the law. The next proceeding is the election of the President pro tempore. Nominations are made and the President announces the nominations for said office. The Clerk proceeds with the election by calling the roll. The President announces the result of the vote and declares who has been elected; a committee of three Senators is appointed to escort the President pro tempore-elect to the Rostrum for the administration of the oath of office. The Senate then proceeds with the election and administration of the oath of office to the Secretary/ Parliamentarian and Chief Clerk of the Senate. The next order of business is the appointment of committees on the part of the Senate to notify the House of Representatives and the Governor that the Senate is organized in Regular Session and ready to proceed with the business of the session. Organization of the House The members elected and returned together with the returning officers of the House of Representatives, meet in the Hall of the House of Representatives, at twelve noon on the first Tuesday of January in each odd-numbered year. When that time arrives the Chief Clerk arises and says, This being the day appointed by the Constitution for the meeting of the General Assembly, and there appearing to be present a sufficient number of elected members to constitute a quorum, the House will come to order. Following the Invocation, the Secretary of the Commonwealth, or his/her designee, presents himself at the bar of the House, and says, Mr. Chief Clerk, I have the honor to * See Article II, Section 4 of the Pennsylvania Constitution. present the returns of the election of members of the House of Representatives for the several cities and counties of this Commonwealth, agreeable to the provisions of the Constitution and laws relating to the elections of this Commonwealth. When the returns are all read, the roll of the members is taken to establish the presence of a quorum. The oath of office is then administered by a Justice of the Supreme Court or a judge of another court learned in the law. A resolution is then presented by a member, that the members present do now, in conformity with the ninth section of the second article of the Constitution, proceed to the election of a Speaker. If any one candidate receives a majority of all the votes cast, he is declared elected Speaker. Committees on the part of the House are then appointed to notify the Senate and the Governor that the House is organized and ready to proceed with the business of the session. The General Powers and Duties of the President of the Senate and the Speaker of the House There are certain duties pertaining to the offices of President and Speaker which are not necessary to be specified by rule, being so obviously proper and right as to be indisputable. 1. Calls the legislative body to order at the time fixed for the meeting, and ascertains the presence of a quorum. 2. Announces the business and lays it before the body, in the order in which it is to be acted upon. 3. States and puts to a vote all questions which are regularly moved and announces the result. 4. Recognizes members entitled to the floor. 5. Receives any propositions made by members and puts them to the legislative body and declares the determination of the body. 6. Decides all questions of order, subject to an appeal to the legislative body. 7. Preserves order and decorum in debate and at all other times. 8. Restrains members when engaged in debate within the rules of order. 9. Is representative of the body itself, in its powers, its proceedings and its dignity. 10. Under the rules, has the general direction of the Chamber. 11. Receives and announces to the legislative body all messages from other branches of the government, and also any other appropriate communications. 12. Gives notices and signs in the presence of the body all bills and joint resolutions. 13. When a legislative body is engaged in its judicial function, it is the duty of the presiding officers to conduct the proceedings, to put questions to parties and witnesses, and to pronounce the sentence or judgment. 14. When the legislative body is engaged in any of its high administrative functions, or in matters of state or ceremony, as for example, when a member or other person is to be reprimanded or thanked, the
4 3 4 THE PENNSYLVANIA MANUAL presiding officer is the mouthpiece and organ of the body. 15. Has general charge and supervision of the legislative chamber, galleries, committee, caucus, and conference rooms. 16. The President pro tempore of the Senate and the Speaker of the House are always members, and may present petitions, memorials, and remonstrances sent to them. They possess the right to vote as other members, on all questions before the body, and may leave the chair and address the body on any question. The Lieutenant Governor is the President of the Senate and votes only when there is a tie on any question except in those instances where the Constitution requires the vote of a majority of the members elected to decide a question. Bill Introduced All bills introduced in the Senate and House of Representatives must be presented in quadruplicate. Before presenting a bill, it is the duty of the member to sign his/her name to each copy. FORM OF INDORSEMENT ON BILL COVER: (Senate or H.R. No.) Title of the Bill. Name of the member. Date. Senators may introduce bills, joint resolutions, and resolutions by filing the same with the Secretary-Parliamentarian of the Senate, who shall number the bills, joint resolutions, and resolutions, and notify the President Pro Tempore of the fact of such filing. Every bill, joint resolution, and resolution introduced by a Senator shall be referred by the President Pro Tempore to the appropriate committee within 14 calendar days. Upon referral, the Secretary-Parliamentarian shall deliver the bills, joint resolutions, and resolutions to the committees to which they have been referred. To expedite the business of the House of Representatives, a member who desires to introduce a bill, first endorses the same as described above and then deposits the original copy together with the three copies properly endorsed, with the Chief Clerk. At the close of each day the Chief Clerk presents all the bills that have been left in his custody during the day to the Speaker for reference by him to appropriate committees. Resolutions In general, the parliamentary meaning of resolution is the written expression of the will of the Senate or House in regard to any subject before it, either public or private; as, for example, that the use of the hall be granted for a particular purpose; that the Senate or House will adjourn at a particular time; that certain departments of the government be required to furnish statements, et cetera. If information is desired from any of the departments, or from the Executive, the resolution assumes the form of a request, as for example: Resolved, That the Auditor General be requested to furnish the Senate or House with a statement, et cetera. This however, is but an expression of will; the Senate or House, by the resolution doing nothing more than declaring it to be its will that the Auditor General furnish the statement. When a member is desirous of bringing before the Senate or House any proposition for its determination, the member presents it in the form of a written resolution, and as soon as the President announces that original resolutions are now in order in the Senate, the member rises and says, Mr. President, I offer the following resolution. The President then says, The Senator from County offers the following resolution. The resolution will be read by the Clerk. As soon as it has been read by the Clerk, if it be a resolution that can be considered without reference to committee, it is voted on immediately. In the Senate, resolutions on the following subjects, after being read, are referred to an appropriate committee without debate (unless by unanimous consent the Senate shall otherwise direct), and, if favorably reported by the committee, shall lie over for one day for consideration, after which they may be called up under their appropriate order of business, viz: All Senate and House concurrent resolutions (excepting resolutions in reference to adjournments and those recalling bills from Governor, which are regarded as privileged); resolutions containing calls for information from the heads of departments, or to alter the rules; and resolutions giving rise to debate (except such as relate to the disposition of matters immediately before the Senate, to the business of the day on which offered, and to adjournment or taking a recess). In the House, all resolutions (except those privileged under the Rules) are introduced by members filing them with the Chief Clerk. They are then referred to appropriate committees by the Speaker. When a resolution is reported from committee and placed on the Calendar, it may be called up for consideration under the regular order of business for resolutions. The only resolutions which are considered privileged and receive the immediate consideration of the House are those: Recalling from or returning bills to the Governor. Recalling from or returning bills to the Senate. Originated by the Committee on Rules. Providing for a joint Session of the Senate and House and its procedure. Placing bills negatived by committees on the calendar. Adjournment or recess. Noncontroversial Resolutions. (Rule 35) Concurrent resolutions are those on which the consideration of both Senate and House is required. Joint resolutions, which amend the Constitution, being in the nature of bills, cannot be submitted to the House under the head of original resolutions. They are deposited with the Chief Clerk, who presents them to the Speaker for reference to committees, after which they follow the same procedure as bills under the Rules of the House, except they are not presented to the Governor. Action on Bills by Standing Committees When a bill has been referred to a standing committee, the committee as soon as it has completed its consideration makes a report of the result of its deliberations to the House and this report varies according to the circumstances. Suppose, for example, a bill has been, in the usual course of business, referred to the appropriate committee. Should the committee agree to report the bill affirmatively, it would assign it to the Chairman to be reported, endorsing thereon his name, the name of the committee and the words as committed. In case the committee made amendments, he would then endorse on the bill the words as amended.
5 GENERAL ASSEMBLY 3 5 Amending Bills in Committee Whenever a committee to whom a bill has been referred for their consideration makes amendments to it, they are prepared by the Legislative Reference Bureau. Action on Bills in the Senate and House When a bill is reported from committee in the Senate or House it is reprinted if it is amended. Bills are read for the first time in the Senate and House on the day they are reported from committee. When the order of business Bills on Second Consideration is reached in the Senate, bills are called up for consideration by the President, and are subject to amendment and debate. The next step is the transcribing of the bill, and the President says, This bill has now been considered a second time, and agreed to. The bill being thus agreed to is placed on the calendar of bills on third consideration. Bills on second consideration in the House must be called up by a sponsor. When a bill is reached on third consideration, the President or Speaker says, This bill has now been considered a third time; the question is on agreeing to the bill a third time. If agreed to, the next question is on its final passage, when the President or Speaker says, This bill has been considered on three different days, and agreed to, the question is now on its final passage. Agreeable to the provisions of the Constitution the yeas and nays will be taken on the final passage of the bill. If the bill passes, an order follows, of course, which should always be stated by the Speaker in the case of House bills, The Clerk will present the same to the Senate for concurrence ; in the case of Senate bills without amendment, The Clerk will return the same to the Senate with information that the House of Representatives has passed the same without amendment ; in case of Senate bills with amendments, The Clerk will return the same to the Senate with information that the House of Representatives has passed the same with amendments, in which the concurrence of the Senate is requested. When a bill is on third consideration, it is subject to amendment in the same manner as on second consideration. However, in the House only technical amendments are permitted on third. Forms of Messages from One Body to the Other When the Clerk has but one bill to take from the House to the Senate for concurrence the form is: The Clerk of the House of Representatives (being introduced) presented for concurrence, Bill No. 1, entitled An act for the protection of laborers. If there be two or more bills, the form is: The Clerk of the House of Representatives (being introduced) presented for concurrence, bills numbered and entitled as follows: No. 1. An act for the protection of laborers. No. 2. An act relative to insurance companies. If there be in connection with bills for concurrence, Senate bills, without amendment, the form is: The Clerk of the House of Representatives (being introduced) presented for concurrence bills numbered and entitled as follows: No. 1. An act for the protection of laborers. No. 2. An act relative to insurance companies. He also returned bills from the Senate, numbered and entitled as follows: No. 20. An act relative to brokers. No. 21. An act relative to banks. With information that the House of Representatives has passed the same without amendments. If the Senate bills have amendments, the form is: The Clerk of the House of Representatives (being introduced) presented for concurrence, bills numbered and entitled as follows: No. 1. An act for the protection of laborers. No. 2. An act relative to insurance companies. He also returned bills from the Senate, numbered and entitled as follows: No. 20. An act relative to brokers. No. 21. An act relative to banks. With information that the House of Representatives has passed the same with an amendment (or amendments) in which the concurrence of the Senate is requested. But suppose the Senate has passed a bill from the House, No. 1, for example, with amendments, and the House has concurred in them, the following would be added to the above message: He also informed the Senate that the House of Representatives has concurred in the amendments made by the Senate to the bill from the House of Representatives, entitled: No. 1. An act for the protection of laborers. Should the House non-concur in the amendments made by the Senate to the bill then the information is the same, except that the word non-concurred is used instead of concurred. If the House, however, concurs in the Senate amendments with an amendment, the information in the message is: He also informed the Senate that the House of Representatives has concurred in the amendments made by the Senate to the bill from the House of Representatives, entitled: No. 1. An act for the protection of laborers. With an amendment (or amendments) in which the concurrence of the Senate is requested. Suppose again, that the House of Representatives concur in the amendments made by the Senate to amendments made by the House of Representatives to said bill, the information would be: He also informed the Senate that the House of Representatives has concurred in the amendment made by the Senate to the amendments made by the House of Representatives to bill from the House, entitled: No. 1. An act for the protection of laborers. And if the House should non-concur, then the message varies accordingly. If, in these cases, the House or Senate should recede, insist, or adhere to any amendments made by them, respectively, to a bill then the form used is precisely the same as those already given, except the words recede, insist, or adhere, are used, as the case may be. If the House insists, then follows the appointment of the Committee of Conference and the information to be given is: He informed the Senate that the House of Representatives insists upon its amendments, non-concurred in by the Senate, to bill No. 1, entitled (here, state the title) and has appointed Messrs. A., B., and C., a Committee of Conference, to confer with a similar committee of the Senate, if the Senate should appoint such committee, on the subject of the differ-
6 3 6 THE PENNSYLVANIA MANUAL ences existing between the two houses on said bill. If the Senate should have already appointed a committee then the words used, instead of if the Senate should appoint a committee, change the form to suit the circumstances. If the House should pass a resolution, which requires the concurrence of the Senate, the form of the message is: The Clerk of the House of Representatives (being introduced) presented the following extract from the Journal of the House of Representatives : (Here follows the resolution, with the date of its passage.) The same form is used by the Clerk of the Senate using the word Senate, instead of House of Representatives, et cetera. Certificates Attached to Bills Passed Over Veto, and to Bills Held Ten Days The following forms are used when a bill becomes law, in any of the modes prescribed by the Constitution, other than by the approval of the Governor. When a bill has not been returned by the Governor within ten days after it has been presented to him for his approval, the following certificate is attached, which the clerks of the Senate and House of Representatives both sign, the clerk of the body in which the bill originated signing first, and they send the bill to the Office of the Secretary of the Commonwealth. We do certify that the bill (here insert title) was presented to the Governor on the day of, two thousand and, and was not returned within ten days after it has been presented to him; wherefore it has, agreeable to the Constitution of this Commonwealth, become a law in like manner as if he had signed it. We do certify that the bill, entitled (here insert title), which has been disapproved by the Governor, and returned with his objections to the House of Representatives (or Senate), in which it originated, was passed by two-thirds of all the members elected to the House of Representatives on the day of, two thousand and, and the foregoing is the act so passed by the House. Speaker of the House of Representatives. Chief Clerk of the House. Harrisburg (date). We do certify that the bill (here insert title), which has been disapproved by the Governor, and returned with his objections to the House of Representatives (or Senate), in which it originated, was passed by two-thirds of all the members elected to the Senate on the day of, two thousand and, and the foregoing is the act so passed by the Senate. President of the Senate. Secretary/Parliamentarian of the Senate. Harrisburg (date). The Speaker and Chief Clerk of the House, the body in which the bill originated, sign the first certificate; the President and the Secretary/Parliamentarian of the Senate sign the second. Oath of Public Officers Senators, Representatives, and all judicial, State, and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation before a person authorized to administer oaths. I do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity. The oath or affirmation shall be administered to a member of the Senate or to a member of the House of Representatives in the hall of the house to which he/she shall have been elected. Any person refusing to take the oath or affirmation shall forfeit his/her office. Counting the Vote for State Elective Officers When the General Assembly meets after an election for Governor and Lieutenant Governor or Auditor General, State Treasurer, and Attorney General, the two bodies, by a resolution, fix the time and place for opening and publishing the returns of the election. The time is usually the day the General Assembly convenes; the Senate and House of Representatives meet in Joint Session in the Hall of the House of Representatives. Each body appoints a Teller to compute the votes. A committee from the House of Representatives escorts the President and members of the Senate to the Hall of the House of Representatives, and the President of the Senate, or in his absence, the President Pro Tempore, takes the chair of the Speaker of the House, and after order is restored, says, This being the day and hour agreed upon for opening and publishing the returns of the election for Governor (held on Tuesday next following the first Monday in November last), the clerk will read the returns from the several counties of this Commonwealth. The clerk reads the returns and the Tellers take note of the number of votes until the returns from all the counties are read. A computation is made and the results are announced by the President of the Senate. The Certificate of Election is signed by the President of the Senate, the Speaker of the House of Representatives and attested by the Tellers as follows: FORM OF CERTIFICATE OF ELECTION OF STATE OFFICERS: We, the President of the Senate and Speaker of the House of Representatives of the Commonwealth of Pennsylvania, do certify that the President of the Senate, did on the day of, A.D., two thousand, in the Hall of the House of Representatives at the State Capitol, open the returns of the election for Governor of this Commonwealth, and publish the same in the presence of both houses of the General Assembly, conformably to the provisions of the Constitution and law of said Commonwealth, and upon counting the votes by a Teller appointed on the part of each house it appeared that had the highest number of votes; whereupon was declared to have been duly elected Governor of the Commonwealth. In testimony whereof, we have hereunto set our hands and affixed our seals the day and year above written. (Seal) (Seal) (Seal) (Seal) Disposition of Certificate This certificate is to be deposited in the Office of the Secretary of the Commonwealth and a duplicate, signed by the
7 GENERAL ASSEMBLY 3 7 President of the Senate, the Speaker of the House of Representatives, and attested by the Tellers, transmitted to the Governor-elect. Inauguration of Governor and Lieutenant Governor The oath of office is administered to the Governor in the presence of the General Assembly and officers of the Commonwealth by a person authorized to administer oaths (usually the Chief Justice of the Supreme Court) on the third Tuesday of January following his election. The Lieutenant Governor takes the oath of office on the same day in the presence of the Senate in the Senate Chamber prior to the inauguration of the Governor. SALARIES OF THE GENERAL ASSEMBLY SENATE Salaries Members of the Senate receive a salary in the amount of $ per annum. In addition to the above, each Senator shall receive mileage at the rate of 56.5 cents per mile circular between the Senator s home and the State Capitol for each week a Senator was in actual attendance at the Session. No other compensation shall be allowed. Officers The Senate shall at the beginning and close of each Regular Session elect one of its members President Pro Tempore. Those members elected or appointed to leadership positions receive additional compensation as provided for in the Public Official Compensation Law, Act No. 39 of 1983, as amended. The Senate shall at the beginning of each regular biennial session elect the following officers, who shall serve for two years or until their successors are elected and qualified unless sooner removed by a majority vote of all the members of the Senate: one Secretary and one Chief Clerk. In addition, the President of the Senate (Lieutenant Governor), President Pro Tempore, Secretary, Chief Clerk, Majority Leader, and Minority Leader each appoint their office personnel as provided by act of the General Assembly. HOUSE OF REPRESENTATIVES Salaries Members of the House of Representatives receive a salary in the amount of $83, per annum. In addition to the above, each Member shall receive mileage at the rate of.20 cents per mile circular between the Member s home and the State Capitol for each week a Member was in actual attendance at the Session. Officers At the beginning of each Regular Session in odd-numbered years, the House of Representatives elects one of its members Speaker as provided by the Constitution. The Speaker appoints a Parliamentarian and determines the salary. Those members elected or appointed to leadership positions receive additional compensation as provided for in the Public Official Compensation Law, Act No. 39 of 1983, as amended. The Bipartisan Management Committee is responsible for the overall administration of the House. It consists of the Speaker as Chairman, the Majority Leader, the Minority Leader, the Majority Whip, and the Minority Whip. The Committee appoints necessary staff. A Chief Clerk and a Comptroller are selected by the Bipartisan Management Committee subject to confirmation and removal solely on the affirmative vote of two-thirds of the Members of the House of Representatives in office at the time of any such vote. All the foregoing officers are compensated in the amounts determined by the Committee. Other employees necessary to perform the work of the House are selected by appropriate appointing authorities and compensated in amounts determined by such authorities.