GENERAL ASSEMBLY

"In all forms of government the people is
the true legislator."

The heart of Pennsylvania government is the General Assembly. These are the men and women elected by the people of the Commonwealth to serve as our state Senators and Representatives. As voters, we give them the right and responsibility to act on our behalf, expect them to be knowledgeable of the issues facing our citizens, and to do their best to lead us into the future.

The Pennsylvania Constitution, the laws of the state, and the customs of our government form an often stormy ocean across which our 253 legislators must navigate the ship of state.

This section provides an overview of the history of our state legislature, its structure, when and how it meets, who its officers are, and the mechanisms used to run our General Assembly.

The General Assembly is the branch of Pennsylvania government closest to the people. Each elected legislator represents, serves, and is responsible to a specific portion of the Commonwealth. It is up to the voters to determine how well they reflect the wants and needs of their constituencies and, through the election electoral process, whether or not they will be allowed to continue to serve.

STATE LEGISLATURES

Pennsylvania's General Assembly is the legislative branch of government. Commonly called the state Legislature, it consists of two bodies-the Senate and the House of Representatives. The General Assembly's existence, authority, and limitations are provided by Article II of the Constitution.

25. WHAT IS A UNICAMERAL LEGISLATURE?

The word "cameral" comes from the Latin camera and the Greek kameral, both meaning "chamber." Therefore, a unicameral legislature consists of only one chamber or legislative house.

26. WHAT IS A BICAMERAL LEGISLATURE?

A bicameral legislature has two chambers or legislative houses.

Pennsylvania has had a bicameral legislature, consisting of the Senate and House of Representatives, since 1790. Prior to that date, Pennsylvania had a unicameral legislature with only the House of Representatives.

27. HOW MANY STATES NOW HAVE A UNICAMERAL LEGISLATURE?

One. Nebraska.

28. WHAT STATE HAS THE LARGEST STATE LEGISLATURE?

The New Hampshire Legislature includes 24 Senators and 400 state Representatives, for a total of 424.

29. WHAT STATE HAS THE SMALLEST STATE LEGISLATURE?

Alaska has the smallest bicameral legislature with 20 Senators and 40 state Representatives. Nebraska, however, has a smaller total representation (49) since there is only one chamber.

30. HOW MANY MEMBERS ARE THERE IN THE PENNSYLVANIA LEGISLATURE?

There are 253-50 Senators and 203 members of the House of Representatives.

31. HAS IT ALWAYS HAD THIS NUMBER OF MEMBERS?

No. In 1967, the Pennsylvania Constitution was amended to set the number of House members at 203.

When the House of Representatives first met in 1682, there were 42 members. By the early 1700s, that number dropped to 24 and then steadily increased to 76 by 1776.

In creating the Senate, the Pennsylvania Constitution of 1790 stipulated that this body should be no smaller than one-fourth of the House of Representatives and no larger than one-third, but it set no maximum for the House. When the House reached 100 members in 1855, a constitutional amendment in 1857 set that as the limit.

The Constitution of 1873 increased the Senate (then at 33 members) to 50 and set the House at a minimum of 200. Every county was guaranteed at least one member, regardless of its population.

The House peaked at 210 members for five sessions from 1955 until 1963. In order to adhere to the U.S. Supreme Court ruling of "one person, one vote," the Pennsylvania Constitution was amended to provide for 203 House members from districts "nearly equal in population." The first House to meet that standard convened in 1967.

LEGISLATIVE SESSIONS

A session of the General Assembly means that both the Senate and the House of Representatives are convened for the transaction of business.

33. HOW OFTEN DOES THE GENERAL ASSEMBLY MEET?

The General Assembly is a continuing body during the term for which its representatives are elected. It meets at noon on the first Tuesday of January and then regularly throughout the year.

34. IS THERE A LIMIT TO THE LENGTH OF A SESSION?

Yes, in a way. When the Constitution stipulates that the General Assembly must meet in regular session annually, that means the session of one year must adjourn by noon of the first Tuesday of the following year. Two regular sessions cannot meet at the same time.

The General Assembly must also adjourn by midnight, November 30, in even-numbered years due to the expiration of the terms of office of all House members and half the Senate.

Before 1960, the General Assembly met in regular session each odd-numbered year. The longest one was the 1955 session, which convened January 2, 1955, and adjourned May 22, 1956. During this 17-month period, the Assembly met in actual session on 168 days.

35. HOW MANY REGULAR SESSIONS HAVE THERE BEEN SINCE 1776?

The 178th regular session was convened on January 4, 1994. In the year 2000, the General Assembly will hold its 184th session.

36. WHEN CAN THE GOVERNOR ADJOURN THE GENERAL ASSEMBLY?

The Constitution allows the Governor to adjourn the General Assembly at "such times as he shall think proper, not exceeding four months," when the House and Senate disagree with respect to adjournment (see Article IV, Section 12).

No Governor has ever exercised this power, and many constitutional experts believe the provision only applies to special sessions.

37. CAN THE GOVERNOR CALL A SPECIAL SESSION OF THE GENERAL ASSEMBLY?

Under the Constitution, the Governor can convene the General Assembly "on extraordinary occasions" by proclamation (see Article IV, Section 12).

The Governor can also call special sessions on petition of a majority of the members of both the House and Senate. The Senate can be convened by the Governor for the transaction of executive business.

38. IS A SPECIAL SESSION OF THE GENERAL ASSEMBLY LIMITED IN ITS SUBJECT MATTER?

Yes. When the General Assembly is convened in a special session, its members can only consider legislation on those subjects designated in the Governor's proclamation (see Article III, Section 12).

39. HOW MANY SPECIAL SESSIONS OF THE GENERAL ASSEMBLY HAVE BEEN CALLED?

There have been 34 special sessions.

At one point during the 1966 regular session, three special sessions ran concurrently. At that time, the regular session was limited only to fiscal matters, so in order to consider other legislation deemed to be of a general emergency nature, special sessions had to be called.

40. CAN SESSIONS BE HELD ANYWHERE OTHER THAN THE SENATE AND HOUSE CHAMBERS?

Yes, but the Constitution places two restrictions on this action (see Article II, Section 14). Sessions must be held in the City of Harrisburg, and if either body contemplates a move, it must have the consent of the other.

In case of enemy attack or other emergency, the Governor can declare an emergency temporary location.

41. UNDER THE PRESENT CONSTITUTION, HAS THE LEGISLATURE EVER HELD SESSIONS ANYWHERE OTHER THAN THE CAPITOL?

Yes. After the Main Capitol building burned on February 2, 1897, the Legislature met in the Grace Methodist Episcopal Church on State Street in Harrisburg for two years. In 1899, the Legislature temporarily moved to the Cobb Building, a large, square, brick warehouse built on the foundation of the destroyed Capitol. Because the Legislature felt that building was not adequate, $4 million was appropriated in 1899 for the construction of a new Capitol.

That Capitol, built around the Cobb Building, was completed in 1906 and dedicated by President Theodore Roosevelt on Oct. 4 of that year.

In 1987, a joint session was held in Philadelphia in honor of the bicentennial of the U.S. Constitution.

42. CAN EITHER HOUSE ADJOURN FOR ANY OF TIME WITHOUT THE CONSENT OF THE OTHER?

The Constitution prohibits either body from adjourning for more than three days (Sundays excepted) without the consent of the other (see Article 11, Section 14).

DISTRICT APPORTIONMENT

The Constitution provides for the state to be divided into 50 senatorial districts and 203 representative districts. Each is to be composed of compact and contiguous territory as nearly equal in population as is practical. One Senator and one Representative are elected from each of the respective districts. No county, city, town, borough, township, or ward is to be divided in forming these districts unless absolutely necessary (see Article II, Section 16).

44. HOW OFTEN ARE THESE DISTRICTS REAPPORTIONED?

Every 10 years. A Legislative Reapportionment Commission, headed by a nonpartisan commissioner, conducts reapportionments in the year following each federal decennial census (see Article II, Section 17a). This provision was added to the Constitution by the limited Constitutional Convention of 1967-68. Prior to this, the General Assembly was required to do the reapportioning.

Reapportionment guidelines are established in the U.S. Constitution. Additionally, federal and state statutes govern reapportionment.

45. HOW DOES THE LEGISLATIVE REAPPORTION COMMISSION WORK?

The commission consists of five members, four of whom are the Majority and Minority leaders of both the Senate and the House of Representatives (or deputies appointed by each of them). Within 60 days after the official reporting of the federal decennial census, these four members must be certified by the President Pro Tempore of the Senate and the Speaker of the House of Representatives to the Secretary of the Commonwealth, who is the state's elections officer.

Within 45 days, these four members must select the fifth member, who serves as Chairman of the Commission. This person must be a citizen of the Commonwealth but cannot be a local, state, or federal official holding a paid office. If the four members fail to choose a chairman within that time, the state Supreme Court appoints the fifth member.

The commission has 90 days to file a preliminary reapportionment plan with the elections officer, and 30 days after the filing to make corrections to it.

Any person aggrieved by the preliminary plan has the same 30-day period to file exceptions with the commission. Then the commission has 30 days after the exception was filed to prepare a revised reapportionment plan. If no exceptions are filed, or if they are filed and acted upon, the commission's final plan becomes law.

Any aggrieved person can appeal the final plan directly to the state Supreme Court within 30 days. If it is established that the final plan is contrary to law, the court remands it to the commission for revision.

When the Supreme Court has finally decided an appeal, or when the last day for filing an appeal has passed with no appeal taken, the reapportionment plan has the force of law. The districts as outlined in the plan are then used in all elections to the General Assembly until the next reapportionment.

If the commission cannot meet the prescribed deadlines for filing its preliminary, revised, or final plan, the Supreme Court can extend the time periods if cause is shown. If no proper cause is shown, the court can immediately proceed to reapportion the Commonwealth on its own.

LEGISLATORS

Qualifications and Terms of Office

A legislator is a member of the General Assembly. However, a member of the Senate is usually referred to as a Senator, and a member of the House of Representatives is referred to as a Representative.

47. HOW ARE SENATORS AND REPRESENTATIVES ELECTED?

They are chosen by popular vote of the people on the first Tuesday after the first Monday in November in every even-numbered year.

48. HOW LONG ARE THEIR TERMS?

Senators are elected for a term of four years and Representatives for a term of two years. All 203 members of the House and half of the Senate (25 members) are elected every two years (see Article II, Section 3).

49. WHAT ARE THE QUALIFICATIONS NECESSARY TO BE ELECTED TO THE GENERAL ASSEMBLY?

Senators must be at least 25 years old and Representatives at least 21 years old. They must be citizens and inhabitants of the state for four years, living in their respective districts for one year. They must reside within their district during their term of office (see Article II, Section 5).

50. HOW IS A VACANCY FILLED IN THE EVENT OF THE DEATH OR RESIGNATION OF A MEMBER OF THE GENERAL ASSEMBLY?

Whenever a vacancy occurs in the General Assembly, the presiding officer of the appropriate house issues a writ of election, setting a date for a special election within that district to fill the vacancy for the remainder of the term (see Article II, Section 2).

51. CAN A MEMBER OF THE GENERAL ASSEMBLY BE EXPELLED?

Yes. Either body can expel a member with a two-thirds vote. Anyone expelled for corruption can never run again for election to either house (see Article II, Section 11).

RESTRICTIONS

No. During the term for which he or she is elected, no Senator or Representative can be appointed to any civil office under the Commonwealth, such as judge of the Court of Common Pleas, justice of the peace, member of the Turnpike Commission, or Public Utility Commission.

53. CAN A MEMBER OF THE GENERAL ASSEMBLY RESIGN THAT OFFICE IN ORDER TO BE APPOINTED TO A CIVIL OFFICE?

No. The Constitution prohibits such appointments for members of the General Assembly "during the time for which he is elected." Resignation cannot nullify constitutional intent and shorten the time during which a member is not eligible for appointment to civil office.

A Senator or Representative can, however, resign his or her office in order to be elected by the people to another office.

54. CAN A MEMBER OF CONGRESS SERVE AT THE SAME TIME IN THE GENERAL ASSEMBLY?

No. This is specifically prohibited by the Constitution (see Article II, Section 6).

55. WHAT CRIMES DISQUALIFY A PERSON FROM BEING ELECTED TO THE GENERAL ASSEMBLY?

No person can be elected to the General Assembly who has been convicted of:

• embezzlement of public monies (intentional and fraudulent taking of money or property entrusted to one's care for private or personal use);
• bribery (giving or receiving money, anything of value, or any valuable service intended to influence a person's discharge of a legal duty);
• perjury (making a false statement, verbally or in writing, while under oath); or
• other infamous crimes (one that would render a person incompetent as a witness or juror) (see Article II, Section 7).

These crimes would also disqualify a person from holding any office of trust or profit in the Commonwealth.

In addition, any member expelled from the General Assembly is prohibited from future election to either house.

56. WHEN IS A MEMBER EXCUSED OR BARRED FROM VOTING IN THE GENERAL ASSEMBLY?

According to the Constitution, a legislator may not vote on any bill or measure in which he or she has a private or personal interest (see Article III, Section 13).

While the Constitution does not spell out what a private or personal interest might be, this section was added to the document at a time when members were representing corporations seeking special legislation and special favors.

Over the years, presiding officers have held that the right to represent one's constituency is of major importance, and a legislator should not be barred or excused from voting on matters of direct personal interest except in clear cases. It must be a situation that affects the legislator individually and not as a member of a certain class or profession.

SENIORITY

Yes. Seats in the Senate are assigned by the President Pro Tempore, usually according to seniority. Democrats sit on the west side of the chamber, to the President's right; Republicans sit on the left or east side of the chamber. In the House, seating is also by seniority, with Democrats to the right of the Speaker and Republicans to the left.

58. WHAT IS MEANT BY "SENIORITY RULE?"

It is customary that the member who has served longest on the majority side of a committee becomes chairman of that committee and also acquires additional influence.

OFFICERS AND KEY EMPLOYEES

The principal officers are the President Pro Tempore, the Secretary, and the Chief Clerk, and all are elected by the Senate. As a constitutional officer, the President Pro Tempore is the only one who is also a Senator. The Secretary and Chief Clerk are statutory officers.

60. WHO PRESIDES OVER THE SENATE?

The Lieutenant Governor is President of the Senate by authority of the Constitution (see Article IV, Section 4).

The Senate elects from its members a President Pro Tempore to preside in the absence of the President. If both the President and the President Pro Tempore are absent, then the Majority Leader, or someone designated by the Majority Leader, presides. When this happens, the Majority Leader is vested with all the powers of the President (except as specifically prohibited by the Constitution or laws). This authority, however, does not extend beyond the day's adjournment.

61. WHAT ARE THE DUTIES OF THE LIEUTENANT GOVERNOR WHILE PRESIDING OVER THE SENATE?

The President of the Senate takes the chair each day and calls the Senate to order. The President's duties include referring bills to committees, preserving order, preventing personal reflections, confining members in debate to the question at hand, and stating all questions. The President signs all bills and joint resolutions passed by both houses as well as all orders, addresses, writs, warrants, and subpoenas.

62. CAN THE LIEUTENANT GOVERNOR VOTE IN THE SENATE?

The Lieutenant Governor, as President of the Senate, can cast a tie-breaking vote on any question except the final passage of a bill or joint resolution, the adoption of a conference report, or the concurrence in amendments made by the House of Representatives (see Article IV, Section 4).

63. HAS A PRESIDENT OF THE SENATE EVER RESIGNED?

Yes. John C. Bell resigned on January 2, 1947, 20 days before the expiration of his term, in order to become Governor. He replaced Governor Edward Martin, who was elected to the United States Senate.

64. WHAT ARE THE DUTIES OF THE PRESIDENT PRO TEMPORE?

The Constitution provides for the President Pro Tempore to perform the duties of the President of the Senate (Lieutenant Governor) in case of the President's absence or disability. Senate rules allow the President Pro Tempore to exercise all powers and duties of the President.

In addition, he appoints the chairmen, vice chairmen, and members of the committees, both standing and special.

65. DOES THE PRESIDENT PRO TEMPORE OF THE SENATE VOTE?

Yes. As a member of the Senate, the President Pro Tempore participates in debates and votes.

66. WHO ARE THE PRINCIPAL OFFICERS OF THE HOUSE OF REPRESENTATIVES?

The principal officers in the House are the Speaker, the Chief Clerk, the Parliamentarian, and the Comptroller. Except for the Parliamentarian, all are elected by the House, but the Speaker is the only officer who is a member of that body.

67. WHO PRESIDES OVER THE HOUSE OF REPRESENTATIVES?

The presiding officer is the Speaker of the House, who is nominated at a party caucus and chosen by a majority vote of the members of the House of Representatives. The Speaker may appoint a Speaker Pro Tempore.

68. WHAT ARE THE DUTIES OF THE SPEAKER?

• Presiding over the House of Representatives;

• Preserving order and decorum; deciding all questions of order;

• Signing all bills and joint resolutions passed by both houses;

• Referring all bills and resolutions to committees;

• Appointing the chairmen and vice chairmen of the standing committees;

• Appointing all special or select committees; and

• Voting on all questions.

No. The Constitution requires that the House select one of its members as Speaker (see Article II, Section 9).

70. WHAT IS A PARTY LEADER?

In debate, members do not refer to Democrats and Republicans but to the "Majority" and the "Minority" each of which has a leader. The party leaders head the debate and bring forward their respective party's programs or policies. The leader's advocacy of or opposition to proposed legislation indicates the party's stand.

The Majority Leader has enormous control over which legislative programs are discussed and when.

71. DOES THE GENERAL ASSEMBLY ELECT THE MAJORITY AND MINORITY LEADERS?

No. The Majority and Minority leaders of the Senate and House are not officers, and are therefore not elected by the membership. The leaders are chosen by party caucuses.

72. WHAT ARE THE DUTIES OF THE SENATE AND HOUSE "WHIPS"?

Like most of our parliamentary procedures, party "Whips" originated in the British Parliament. For important debates, kings and ministers made a great effort to bring their followers together; this was referred to as "whipping them in." An individual heading such an effort was known as a "whipper in," eventually shortened to "whip."

Today, Whips are the eyes and ears of their respective party's floor leaders, and it is their job to discern the direction in which opinions are moving and to appease any mutterings or discontent. Through the Whips, the party system is used to conduct the business of the Senate and House.

A Whip's most important task is to gather and hold together the members of a party for united action when important votes are to be taken.

73. HOW ARE ADMINISTRATIVE AND FINANCIAL POLICIES SET IN THE GENERAL ASSEMBLY?

In the House of Representatives, financial rules are established by a majority vote of the members. Specific policies are dictated by the Committee on Rules and the Bipartisan Management Committee (BMC).

The BMC is responsible for implementation of these policies as well as the administrative functions of the House. This includes oversight of the Office of the Chief Clerk (responsible for day-to-day operations of the House) and the Office of the Comptroller (responsible for the fiscal affairs of the House). Facilities, resources, and services provided by the Chief Clerk and the Comptroller are provided to all members and staff on an impartial basis.

The BMC consists of five members: the Speaker, the Majority Leader and Whip, and the Minority Leader and Whip. All actions of the BMC require the vote of at least four of the five members.

Like the House, the financial rules of the Senate are established by a majority vote of its members. Specific policies are established by the Committee on Management Operations, which is responsible for the Senate's administrative and financial functions.

The Committee on Management Operations oversees the Office of the Secretary (responsible for day-to-day operations of the Senate) and the Office of the Chief Clerk (responsible for the Senate's financial affairs).

The seven-member committee includes the President Pro Tempore and the Majority and Minority Leaders, Whips, and Appropriations Committee chairmen.

74. WHAT ARE THE DUTIES OF THE PARLIAMENTARIAN?

The Parliamentarian assists in rendering correct parliamentary decisions and in ensuring that the practices and precedents of the House are conducted according to law. This officer must be well-versed in the rules and precedents of the House in order to render sound decisions at a moment's notice.

COMMITTEES

75. WHY ARE STANDING COMMITTEES NECESSARY?

Standing committees, as permanent units of the General Assembly, serve as the workshops of the Legislature. It is their duty to carefully study all bills referred to them and to prepare bills to be reported with a favorable recommendation to each house.

The Constitution requires that "no bill shall be considered unless referred to a committee" (see Article III, Section 2).

During an average session, more than 4,000 bills, representing a wide range of subjects, are introduced in both houses. Many of these bills are controversial and require long debate and consideration of many amendments. Without an effective committee system, it would be impossible for the General Assembly to attend to its business of enacting new laws, amending present ones, appropriating money, investigating governmental operations, and seeing to other duties.

76. HOW ARE THE MEMBERS OF THE STANDING COMMITTEES SELECTED?

In the Senate, the chairmen, vice chairmen and committee members are chosen by the President Pro Tempore. Each Senator completes a form to indicate committee preferences, and that information is taken into consideration by that official when making committee assignments.

In the House, a Committee on Committees (consisting of the Speaker, 10 Majority members, and five Minority members) recommends to the House the names of the members of the committees. Chairmen and vice chairmen are appointed by the Speaker.

These procedures are provided for in Senate and House rules.

77. DO STANDING COMMITTEES HOLD PUBLIC HEARINGS ON ALL BILLS?

No. Each committee decides whether or not to hold hearings on any particular legislation.

78. ARE COMMITTEE MEETINGS OPEN TO THE PUBLIC?

Yes. The "Sunshine Act" (Act 84 of 1986) makes all committee meetings in which bills are considered or testimony taken open to the public. This does not apply to party caucuses or any Senate or House Ethics Committee.

79. DOES A STANDING COMMITTEE CONTROL THE DISPOSITION OF THE BILLS THAT ARE REFERRED TO IT?

Yes. Ordinarily, a committee's failure to act on a measure spells its defeat.

80. CAN A COMMITTEE BE DISCHARGED FROM CONSIDERATION OF A BILL?

Yes. There are provisions in the rules of both the Senate and the House to discharge a committee.

In the Senate, a measure can be discharged from consideration within 10 legislative days of its referral only with unanimous consent of the full Senate. After 10 legislative days, it can be discharged by a majority vote of the members.

In the House, a bill cannot be discharged until 15 legislative days after its referral. A resolution to discharge a measure must be passed by a majority vote of the House members.

81. ARE COMMITTEE RECORDS AND FILES OPEN TO THE PUBLIC?

Yes. The proceedings of all committee meetings and records of votes taken on any measure are open to the public.

Other Committees

82. WHAT IS A SELECT COMMITTEE?

A select committee is established by the Senate or the House for a special purpose and for a limited time. When the select committee's function has been carried out and a report made, it is automatically dissolved.

83. WHAT IS A CONFERENCE COMMITTEE?

Differences of opinion over legislation between the two houses of the General Assembly are committed to conference committees for settlement. This usually happens when a bill passes one house with amendments that are unacceptable to the other house.

The house that disagrees with the amendments will ask for a conference, and the presiding officer then appoints the conference members, or "managers." Three members of the House and three from the Senate are named to the committee-two from the majority party and one from the minority. After deliberation, an identical report is signed by at least two of the committee members from each house and must be accepted or rejected as a whole by both chambers.

If accepted by both houses, the bill is signed by the presiding officers and sent to the Governor. Sometimes, however, the conference committee fails to reach an agreement. Unless all differences are finally adjusted, the bill fails.

84. WHAT IS A COMMITTEE OF THE WHOLE?

A committee of the whole is the entire membership of the Senate or House sitting as a committee. Its purpose is to permit more informal debate than could be held under ordinary restricted rules of procedure. The presiding officer appoints some other member to preside over a committee of the whole.

This procedure has been very rarely used in the Pennsylvania General Assembly.

LEGISLATIVE PROCESS

Rules of Procedure

The Constitution provides that "each house shall have power to determine the rules of its proceedings" (see Article II, Section 11).

The parliamentary practices of the Senate and House come from six sources:

• the Pennsylvania Constitution,

• statutory law,

• rules adopted by the Senate and House,

• precedents established by the presiding officers of each house,

• Jefferson's Manual, which lists the rules and precedents of the U.S. House of Representatives, and

• Mason's Manual, containing the rules of procedure for legislative bodies.

86. WHAT IS A CAUCUS?

The word "caucus" is a political term denoting a special form of party meeting. It originated in Boston in the early 18th century. At that time, it meant a political club where public matters were discussed, arrangements were made for local elections, and candidates for office were chosen.

Today, a caucus is a meeting of the members of a political party in the U.S. Congress or a state legislature in which party policy on proposed legislation is discussed and refined.

87. WHAT IS A QUORUM?

A quorum is a majority of those members elected, sworn, and living, whose membership has not been terminated by resignation or action of the body.

88. HOW DOES A MEMBER OF THE GENERAL ASSEMBLY OBTAIN PERMISSION TO SPEAK?

When a Senator wishes to speak, he or she rises, addresses the presiding officer, and may not proceed until recognized.

When a Representative wishes to speak, he or she addresses the Speaker and may continue when recognized.

89. ARE THERE ANY RESTRICTIONS ON DEBATE?

Debate must be confined to the question under consideration. Statements on other subjects can only be made by unanimous consent of the body. Members may not speak more than twice on any question without the consent of the chamber. There is no time constraint unless there has been an agreement to limit debate. Debate can be terminated by a motion for the previous question.

90. WHAT IS THE "PREVIOUS QUESTION"?

A motion for the previous question, if agreed to by a majority of the members present, cuts off all debate and brings the body to direct vote on the immediate question.

In the Senate, the motion must be made by not less than four members. In the House, the motion must be made and seconded by 20 members.

91. WHAT IS A FILIBUSTER?

The word "filibuster" originally meant a buccaneer (such as those who plundered the Spanish colonies in America) and later, military adventurers who led private armed expeditions into foreign countries.

From this general idea, the term has come to be used to refer to organized obstructive tactics in legislative bodies. It is the practice of deliberately taking advantage of the freedom of debate in order to delay or prevent action on a measure.

The call for the previous question virtually eliminates the chance of a filibuster in the Pennsylvania General Assembly.

92. WHAT BUSINESS CAN BE TRANSACTED BY UNANIMOUS CONSENT?

Practically anything can be done in either the Senate or the House by unanimous consent, except when the Constitution specifically prohibits it. For example, the Constitution requires a roll call vote for the final passage of a bill, so the presiding officer cannot consider a unanimous consent request to waive this requirement.

Objection by one member defeats a request for unanimous consent.

93. ARE VISITORS ALLOWED TO OBSERVE THE PROCEEDINGS IN THE GENERAL ASSEMBLY?

Yes. Both houses have visitors' galleries. Visitors are subject to control by the presiding officers, and the galleries can be cleared if there is disorder. The Constitution provides for closing sessions to the public if the business is such as should be kept secret (see Article II, Section 13).

94. WHAT PROVISIONS ARE MADE FOR MEMBERS OF THE MEDIA COVERING THE PROCEEDINGS OF THE GENERAL ASSEMBLY?

Special spaces are set aside in each house for accredited representatives of the print and broadcast media. There is also a newsroom in the Capitol for use by members of the media.

95. WHAT IS THE SIGNIFICANCE OF THE MACE?

The history of the mace goes back to early Roman times. It consisted of a bundle of birch or elm rods bound together by a red thong with an ax blade protruding from the top of the bundle. Officers carried it in advance of magistrates and emperors to show authority. Occasionally the mace was used to flog or to execute condemned Roman citizens.

In medieval times, the mace became an offensive weapon made of iron or steel. It could break through the strongest armor and was carried in battle by bishops to adhere to the church canon forbidding priests to shed blood.

Purely ceremonial maces were first used in the 12th century during the reigns of Philip II of France and Richard I of England. They were carried by a royal bodyguard called a sergeant at arms. Today's ceremonial maces are used by legislative assemblies as a symbol of authority, reminding the members of the power of the assembly to preserve order and dignity.

The maces used by the Pennsylvania Senate and House of Representatives are almost identical, with a slight variation in size. Both are of solid mahogany topped by a brass sphere engraved with the coat of arms of the Commonwealth on each side.

In the Senate, the mace is placed on the rostrum behind the President and to his right on the opening day of the session and remains there until final adjournment. The mace is only removed during session to escort the President and members of the Senate to the House of Representatives for a joint session or to lead a delegation of members to funeral services for a fellow Senator or former Senator. The sergeant at arms has full custody of and responsibility for the mace.

In the House of Representatives, the mace is carried by the sergeant at arms escorting the Speaker into the chamber to open each session day. It then remains in a pedestal to the right of the Speaker's desk until recess or adjournment.

Aside from preserving peace and order, the mace demonstrates the Legislature's respect for its own heritage and law. It symbolizes the guarantee that those who govern are also governed.

Bills, Acts, and Resolutions

A "bill" is the constitutional designation of a proposed law introduced into either house (see Article III, Section 1).

The term "act" refers to a bill that has been passed by both houses and becomes law, whether by approval of the Governor, lack of action by the Governor in the time allotted by the Constitution, or by passage over the Governor's veto by a two-thirds vote of both houses (see question #111).

97. WHAT IS A CALENDAR OF BILLS?

A calendar of bills, or legislative calendar, is a daily work sheet of those measures reported from committees and ready for consideration by the Senate and the House.

98. WHAT IS MEANT BY "CONSIDERING" A BILL?

The Pennsylvania Constitution requires that each bill be considered on three different days in both the Senate and the House (see Article III, Section 4). When a bill is reported from committee to the full House or Senate, it is given a first consideration, and if amended, is reprinted to show any changes made by the committee.

After agreeing to the bill on first consideration, it is advanced without debate to the calendar of bills on second consideration, where it may be amended further.

99. WHY MUST TAX BILLS ORIGINATE IN THE HOUSE OF REPRESENTATIVES?

The constitutional provision stating that "all bills for raising revenue shall originate in the House of Representatives" is an adaptation of the English practice (see Article III, Section 10). The principle is to make the purse strings controlled by the body closest to the people.

This section of the Pennsylvania Constitution was taken from an almost identical provision in the U.S. Constitution written when U.S. Senators were chosen by the state legislatures.

100. CAN THE SENATE AMEND TAX BILLS?

Yes. The Constitution says that "the Senate may propose amendments as in other bills" (see Article III, Section 10).

101. WHAT RESTRICTIONS ARE PLACED ON ITEMS CONTAINED IN THE GENERAL APPROPRIATION BILL?

The Constitution says that the general appropriation bill can only authorize funds for the ordinary expenses of the executive, legislative, and judicial departments; for interest on the public debt; and for public schools (see Article III, Section 11). All other appropriations, which are the legislative authorizations necessary to allow an expenditure of state government funds, must be made by separate bill, each covering only one subject.

This section was added to the Constitution to end the practice of putting an unpopular measure into the general appropriation bill in order to compel members to vote for it rather than defeat the general bill.

102. WHAT VOTE IS REQUIRED TO PASS BILLS APPROPRIATING MONEY TO CHARITABLE AND EDUCATIONAL INSTITUTIONS?

A vote of two-thirds of the members in each house is necessary for an appropriation to be made to any charitable or educational institution not under the absolute control of the Commonwealth (see Article III, Section 30).

This is known as a "non-preferred" appropriation.

103. WHAT APPROPRIATIONS ARE FORBIDDEN?

The Constitution forbids appropriations to any person or community for charitable, educational, or benevolent purposes or to any denominational or sectarian institution, corporation, or association (see Article III, Section 29).

A deficiency bill authorizes funds to supplement insufficient appropriations. Appropriations are normally made in advance of a fiscal year on the basis of estimates for that year. However, conditions may arise that exhaust the appropriation before the end of that time.

105. WHAT IS A RESOLUTION?

A resolution is a form of written proposal used to make declarations, state policies, or announce decisions when some other form of legislative action is not required. For example, a statute, or law, cannot be enacted by resolution.

Resolutions can be recognized by the use of the word "resolved" in its acting or declaratory clause.

106. HOW MANY KINDS OF RESOLUTIONS ARE THERE?

There are three kinds of resolutions that can be acted upon by the General Assembly. A simple resolution is passed by one house only. A concurrent resolution must pass both houses, and if it commits the state to action, it must be sent to the Governor for consideration. A joint resolution, which usually proposes an amendment to the Constitution, requires action by both houses but is not sent to the Governor.

107. HOW ARE VOTES TAKEN IN THE GENERAL ASSEMBLY?

Votes are taken two ways-voice and roll call. On a voice vote, the presiding officer of either house asks all those in favor to say "aye" and those opposed to say "no."

On a roll call vote in the Senate, the name of each member is called in alphabetical order. Each member responds either "aye" or "no," and the clerks record the vote accordingly.

In the House of Representatives, the roll call vote is taken electronically. The speaker unlocks the voting system and each member votes by moving a switch on his or her desk. The vote is recorded beside the members' names on a large, lighted board-a green light for "aye" and red for "no." A running total is kept of the votes being cast, and then the board displays the final vote. When the speaker determines that all members present have voted, the results are recorded on a special roll call sheet.

108. WHAT IS A CONSTITUTIONAL MAJORITY?

A constitutional majority is the number of affirmative votes required by the Constitution for a body to take a particular action. For example, to pass legislation in the General Assembly, a majority of the members elected is required.

In the Senate, with 50 members, 26 votes are a constitutional majority. When a two-thirds vote is required, 34 votes are needed.

In the House of Representatives, with 203 members, 102 votes make up a constitutional majority, and 136 are needed for a two-thirds vote.

109. WHAT IS A SIMPLE MAJORITY?

A simple majority requires a quorum to be present and is a majority of that group (see question #87). A simple majority is enough to carry any proposition unless otherwise specified by Constitution, statute, or rule. Therefore, the smallest legal vote in the Senate could be 14 to 12; while the smallest vote in the House could be 52 to 50.

Voting

The General Assembly does have the inherent right to reconsider its vote on an action, with certain exceptions.

An action cannot be reconsidered when it is not possible to cancel, nullify, or void its effects. In general, an action cannot be cancelled when vested rights have been acquired as a result of it (as in a contract); when rights cannot be legally or constitutionally taken away; or when the subject is beyond the control or out of reach of the body.

A motion to reconsider an action must be made on the same day it was originally taken or within the next five session days.

Actions Open to the Governor

When a bill is sent to the Governor, one of four things can happen:

a) The Governor can sign it, whereupon it becomes a law.

b) The Governor can veto the bill. In this case, the General Assembly can choose to vote on it again. A two-thirds vote of all members in both houses will override the veto.

c) The Governor can hold it for a time without taking action-either signature or veto-(10 days while the General Assembly is in session or 30 days after final adjournment), after which it will automatically become law. The Governor's refusal to sign a bill may indicate disapproval of the measure but with an acknowledgement that a veto is either useless or politically unwise. It may also indicate that the Governor is undecided about the bill's constitutionality.

d) The Governor can employ a line-item veto. This means that any portion of a bill that appropriates money for a particular use can be disapproved while allowing for remaining parts of the bill to become law. Those items vetoed by the Governor can still be restored by a legislative override.

112. WHAT IS A VETO?

The word "veto" is a Latin verb that means "I forbid."

The Governor has the constitutional right to refuse to approve any measure passed by the General Assembly, and in such cases, returns it to the house of origin with a statement of objections. A veto applies to an entire measure, except for line-item vetoes of appropriations bills (see question #111).

113. CAN THE GOVERNOR VETO A RESOLUTION PROPOSING A CONSTITUTIONAL AMENDMENT?

No. The Governor does not have the chance to either approve or veto such a resolution. Since it is not a bill enacting a law, it is not presented to the Governor for consideration.

A resolution proposing a constitutional amendment, after passage in both houses, is filed with the Secretary of the Commonwealth for submission to a vote of the people at the proper time (see question #15).

114. IS THERE EVER A CEREMONY WHEN THE GOVERNOR SIGNS A BILL INTO LAW?

Usually the Governor signs bills without any particular fanfare. On occasion, when a bill is of special public significance, a ceremony for the signing will be held. Sometimes more than one pen will be used by the Governor to sign a bill, and these are given to the individuals most interested in the legislation.

The signed bill is sent to the Secretary of the Commonwealth where it is given an act number and becomes known as a statute. The Secretary notifies the director of the Legislative Reference Bureau, who has all statutes printed and indexed in a bound volume called Laws of Pennsylvania.

IMPEACHMENT

A proceeding brought against a public official by the General Assembly seeking that official's removal from public office due to misbehavior in office.

117. WHO HAS THE POWER OF IMPEACHMENT?

The Constitution gives sole power to initiate the impeachment process to the House of Representatives (see Article VI, Section 4).

118. WHO CONDUCTS IMPEACHMENT TRIALS?

The Constitution requires all impeachments to be tried by the Senate (see Article VI, Section 5).

119. WHAT VOTE IS NEEDED FOR IMPEACHMENT?

No one can be convicted in an impeachment trial without a two-thirds vote of the Senate members present.

120. WHO CAN BE IMPEACHED?

According to the Constitution, the Governor and all other civil officers are liable for impeachment for any misbehavior in office (see Article VI, Section 6).

121. WHAT IS THE HISTORY OF IMPEACHMENT IN THE PENNSYLVANIA GENERAL ASSEMBLY?

Pennsylvania has not often used the impeachment process, probably because citizens are wary of political trials. The House of Representatives demands very clear and serious evidence before it will begin the impeachment process.

The first impeachment was in 1685, barely three years after the founding of the unicameral Colonial House. Nicholas More, a physician and the second Speaker of the House, was expelled from the body and removed by the Governor as judge of the Provincial Court.

In 1803, the House impeached three Pennsylvania Supreme Court judges, but the Senate acquitted them.

On three different occasions in 1816, the House voted to impeach Judge Walter Franklin. But his attorney, James Buchanan, (only 25 and just completing two years as a Representative) argued brilliantly to convince the General Assembly that it should undertake impeachment only in the most dire circumstances. Buchanan later became the 15th President of the United States.

Efforts were made to impeach Governor George H. Earle during the Great Depression of the 1930s for failing to send the state police to arrest unemployed bootleg coal miners in northeastern Pennsylvania. The House, however, did not consider the charge serious enough.

On May 24, 1994, Rolf Larsen, Justice of the Supreme Court of Pennsylvania, was impeached by the House. As of the printing of this book, he was awaiting trial in the Senate.

LOBBYING

Lobbying is a long-standing practice in all legislative bodies whereby both private and public groups attempt to influence government policy.

123. WHAT IS A LOBBYIST?

A lobbyist is someone who tries to influence the voting of legislators, often on behalf of a group of like-minded individuals or organizations. Since much of this work is done by personal contact, and since legislators may not be approached on the floor of either chamber while in session, the contact is often made in the offices and lobbies of the Senate and House.

Lobbyists who are compensated for their services must register with the Secretary of the Senate and Chief Clerk of the House of Representatives.

124. HOW DOES LOBBYING BENEFIT THE LEGISLATURE?

Lobbying plays a vital role in our form of government. The complexities of modern life are evidenced by the large number of bills brought before the Legislature each session. It is impossible for legislators to know the problems confronting all the various groups representing the citizens of the state.

Members often confer with lobbyists for information and technical details concerning the potential effects of pending legislation. It is of great value to get the point of view of a farmers' or bankers' association, a labor union, senior citizens, or any other group concerned with relevant legislation.