Making Law Pennsylvania

LEGISLATION IN THE PA HOUSE OF REPRESENTATIVES

COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES AMENDMENTS Imagine studying A Balance of Power thousands of Changes to subjects and developing an informed The Pennsylvania Constitution placed specific portions opinion about each one. That a fundamental check on legislative of a proposed is exactly what legislators in the power by creating two bodies which law. Amendments Pennsylvania General Assembly do must cooperate to make law – the may be offered in every term as they consider and vote House of Representatives and the committees or on the House Floor. on proposals that may become law Senate. Together, they form the for all Pennsylvania citizens. State General Assembly, with 50 legislators representatives and senators perform in the Senate and 203 Representatives other services for those who elect in the House. Who’s the Boss? them to office, but none are more Each body must approve the You are. Along with every important than lawmaking. lawmaking actions of the other – or Pennsylvanian represented by a There are many steps in the else work out compromises through making law legislator. According legislative process, and it can look amendments to proposed laws. to the Constitution, complex on the surface. Actually, Even then, the General Assembly can HaveHave youyou ever wished that government wouldwo just step in the people of the sequence of turning a good idea enact law only with the participation Pennsylvania aandnd pass a law to correct some situation yoyou find totally into law is quite straightforward, of the Governor, who heads the select moving in deliberate steps, but at a Executive Branch. The Governor unacceptable?t bl ? Fortunately F t t l for f all ll of f us, it’s it’ not that simple. representatives and cautious pace. The founders of our can reject a proposed law by using senators to act on Making law in Pennsylvania is a meticulous process – and for state planned it that way. As former a veto; however, the General our behalf with the subjects of a king, they knew that Assembly can override the veto if it “There oughta good reason. State laws influence our environment, economy, condition that they answer a fair society is impossible when a has enough votes. In this way, power directly to the citizens single group or individual can act is evenly distributed, or balanced, be a law!” education, our families, our health, and virtually every aspect who elected them. That without restraint to make law for between the House and the Senate happens in the voting booth. of our daily lives, now and for generations to come. To make everyone else. They were determined and between the General Assembly Exercising control through our that no one would have the power and the Executive Branch. These new laws or change those already on the books, lawmakers votes is another check on runaway to create law alone or on impulse constitutional safeguards are some power. Legislators must earn our follow time-honored constitutional procedures. On the and they filled the Pennsylvania of the famous “checks and balances” approval while in office – two-year Constitution with safeguards to you probably first learned about in following pages, you’ll see how a legislative system developed terms for representatives, four year prevent it. Thanks to the vision of school. for state senators. During that period, our first legislators, making law centuries ago still works today, both for lawmakers and the we expect them to represent our best in Pennsylvania today requires EXECUTIVE BRANCH interests every time they consider a Pennsylvanians who send them to Harrisburg. Then, the next responsible collaboration by many proposed law. How well legislators individuals – elected to represent the time you wish your legislators would just “lay down the law,” GENERAL meet our expectations determines interests of thousands more. ASSEMBLY you’ll have a good idea of what it takes to make that happen. whether they remain in office at the HOUSE OF end of their terms or are replaced by REPRESENTATIVES SENATE candidates who voters believe will do a better job. a formi dable responsibility 3 The Life Cycle of Fictional House Bill 652

Rites of Passage 3 House Bill 652 is The unit of examined by the Standing Committee on lawmaking is Environmental Resources and Energy, which votes to accept it as written the “bill.” and reports it to the House Floor. But Legal experts at the Birth of a Bill Development first, the topic takes A bill is the written version Legislative Reference The Chief Clerk names The idea for Bill The Speaker assigns a brief detour 1 Bureau write the the new proposal by 2 652 came from a the bill to a Standing into the caucus of an idea which legisla- proposal in the proper assigning it a number. group of Pennsylvania Committee. At the same room for a second legislators committed form for a bill. tors consider as a new law time, the new bill is copied round of review. to environmental and distributed to House issues. or a change to an existing members and made available to the public. law. From its first appear- Entering a Wider World ance in print, every House 5 Like all bills, 652 is considered by members on the House Floor on or Senate bill travels the three separate days.

same precarious course to The Second Day of The First Day of Consideration Consideration Majority Minority the moment it becomes law The number and title of Bill 652 debuts on the House Caucus Caucus The Third Day of Floor with an announcement by Consideration Bill 652 are again read Peer Review – or goes down to the agony to the members, who the clerk from the podium that Members actively Majority and minority party continue to prepare for the bill has been reported from 4 debate House Bill 652. members meet in separate caucus of defeat. On the next few discussion of the bill. committee. Members begin to Ultimately, they vote rooms. There, they review the content Amendments may be inform themselves about the bill. for its passage. The Final Interview of House Bill 652 and decide whether pages, we’ll examine that offered at this time. The bill arrives on the to support or oppose it, as well as The Speaker of the House 7 course and it’s optional Governor’s desk where the other bills scheduled for discussion on signs House Bill 652 on Governor signs it into law. the House Floor. Leaving the Nest the House Floor and the twists and turns as we fol- 6 House Bill 652 President Pro Tempore of Joining the Team moves to the Senate the Senate signs House Bill 652 officially low the life cycle of fictional where it is examined in 8 it in the becomes law and is given committee, in caucus, Senate. an Act number. House Bill 652. and by members on the Senate Floor. The Senate passes the bill without amendments.

of a bill 4 bio graphy 5 birth development 1 The Idea Emerges 2 Fitting the Mold

Anatomy of a Bill Current Printer’s Number The idea for Bill 652 could have The legislators sponsoring the idea During this stage, bluebacks come from almost anywhere – send their proposal to the Legislative mature into bills and multiply. The Bill Printer’s No. 111 individual legislators, private citizens Reference Bureau, where it is written Speaker of the House initials a number THE GENERAL ASSEMBLY OF PENNSYLVANIA or organizations, the Governor, or in the proper format by legal experts, blueback copy of House Bill 652 and for life of from bills considered in the past. copied, and placed in the blue assigns it to a committee for review. bill Ideas for laws can be sparked by folders known as “bluebacks.” The The Speaker reports that assignment HOUSE BILL sponsors sign the folders and send on the Floor of the House at the next Session of federal government regulations NO. 652 2003 them to the Chief Clerk, who names or some ruling of the courts. day’s session. Before the blueback Sponsors’ the proposal by giving it a number Introduced by: Our sample House Bill 652 was goes to committee, however, it names – in this case, House Bill 652. House proposed, or sponsored, by a group returns to the Legislative Reference Committee Referred to Committee on: of representatives who share an bills are numbered in the sequence Legislative Reference Bureau to be made into an official Assignment in which they are presented to the interest in environmental issues. Bureau bill. There it receives a Printer’s Chief Clerk over a two-year term. Number from the Legislative History Before the Legislative 1. Room and is duplicated as needed. 2. Reference Bureau (LRB) Now authentic, House Bill 652 is 3. Title was formed in 1909, bill- 4. filed in the House Document Room, Bill Line writing was far less efficient. 5. along with thousands of others that Numbers Lawmakers asked House 6. are stored there by the end of a two- 7. or Senate clerks to write year session. Copies of the bill are 8. up their bills, hired private distributed to members of the House 9. attorneys to do it for them, or and made available to the public. The wrote their own. As House bill is also entered into the Legislative Underline indicates amendments added Clerk for 15 years, Benjamin Data Processing computer network. to original law Franklin quietly wrote many bills for members, submitting Public Access to Bills a few ideas of his own under During an average two-year their names. term, about 5,000 bills are in- Today, the non-partisan BLUEBACKS CHIEF CLERK SPEAKER OF THE HOUSE PARLIAMENTARY troduced and filed in the House LRB is the sole bill-drafter The name and color The Chief Clerk is This term originated in the PROCEDURE Document Room by Printer’s of the cover for a responsible for day- and publisher of laws for British House of Commons in As a decision-making group, Number. Public access to any legislator’s proposal. to-day operations the House and the Senate. 1258. It refers to the elected the House must operate by a bill is available online at www. After a blueback is of the House. The It is also one of the busiest leader in the House who set of rules that makes sure its legis.state.pa.us. For a free copy duplicated for distribution Chief Clerk also legal offices in Pennsylvania. speaks for the people and to procedures are fair and open of a bill, contact your Represen- to all members, it is convenes the House In any two-year session, the Sovereign, which today to all of its members. These tative. The office and telephone known as a bill. to elect the Speaker the bureau prepares about refers to the Governor. The rules are called “parliamentary and supervises the number are listed with the Chief 70 million pages of bills, Speaker selects committees, procedure” because they were printing of all bills and Clerk’s office, 717-787-2372. If amendments, resolutions, interprets and enforces House first modeled after the conduct journals. rules (known as Parliamentary you know the Printer’s Number and citations, along with of England’s Parliament. Procedure), and signs all bills shown in the top right corner of weekly bill summaries. and joint resolutions passed by the bill, you may stop in person both the House and Senate. at the Document Room and ask for a copy. 6 7 rites of passage peer review 3 Scrutiny by Committee 4 The Caucus Confers

CAUCUS This term is taken from the The Speaker referred Bill 652 to the Resources and Energy Committee, Bill When it is ready to vote, a Standing House Bill 652 has been reported lines. If the caucus holds, however, it Algonquin Indian language, 652 is critically examined by others Committee can: Environmental Resources and Energy to the Floor of the House. But first, can make or break a bill. meaning “elder” or “counselor.” Committee, which will decide if it for the first time. Before deciding the Table, or set aside, the bill to the topic takes a brief but traditional The discussions normally occur at Since 1788, the Pennsylvania merits further consideration. Standing fate of a bill, Standing Committees do make it inactive. detour into the Caucus Room for a the beginning of each week in Major- House of Representatives has Committees are like guards at a one or more of the following: Change, or amend, the bill. second round of review. By House ity or Minority Caucus Rooms in the used caucus in three ways: 1. A policy and strategy Convene committee meetings, Defeat the bill. crucial checkpoint. Thousands of bills practice, votes generally are not taken Main Capitol Building. But a caucus meeting of party members. are sent their way for initial screening which are open to the public, to Accept the bill. on the Floor until each political party can still be called once a bill is on the 2. The Democratic or but many are stopped in Committee. discuss the matter. Fictional House Bill 652 survives its has had the opportunity to privately Floor if new developments or contro- Republican party In fact, roughly 75% of the bills Hold a public hearing anywhere discuss, or caucus, the bill with its versial amendments are introduced. organizations, e.g. “As a trial in Committee and is reported to Democrat, I recommend to in Pennsylvania, inviting comment received in Standing Committee are the Floor without change. members. On major or controversial In fact, Majority and Minority Floor the other caucus...”. never considered because they are from members of the general bills, the caucus attempts to muster Leaders can request a recess to dis- 3. An informal coalition of identified as irrelevant, too similar to public who want the legislators to full party support or opposition. On cuss these events with their members members with similar interests, other bills, poor policy, too narrow in pass or defeat the bill. issues of conscience, or where the at any point after a bill reaches the for example, the Steel or Coal Caucus. focus, or a distraction from more vital Refer the bill to a Subcommittee needs of a member’s constituents Floor until a final vote is taken. issues. for further study. differ from caucus policy, individual The family of co-sponsors who legislators may vote against party “My constituents brought House Bill 652 to life believe are really in it strongly. In the Environmental depending “Any comments on this.” “This bill won’t help on this bill?” the people in my district.”

“How will this affect “Why don’t we the state budget?” table that one?” A Catalog of Committees Select Committee Up to 5,000 bills and amended bills An investigative team BIPARTISAN This term A Spirited Caucus can be proposed in a single term – Temporary, special-purpose com- refers to Caucus sessions provide some of the most exciting mo- far too many to be considered by all Standing Committee Subcommittee mittee created to study a particular participation by ments in the legislative process. In effect, the caucus 203 members of the House. Instead, A bill’s first round of review Workshop for in-depth study problem or issue related to a bill. both political One of 24 permanent committees Fifteen of the Standing Committees Select Committees may hold public serves as a second look at a bill before it is discussed on a variety of committees were formed parties. For organized by topics such as Ap- have permanent Subcommittees hearings. the Floor. But the broader purpose of a caucus is to set to manage the workload related to example, a which specialize in knowing about term objectives for each political party and line up sup- screening, studying, debating, and propriations, Judiciary, Insurance, bill which has Conference Committee port or opposition to bills that advance or block those resolving differences over bills. Some- Agriculture, Education, Finance, and large state programs such as wel- “bipartisan A committee of compromise goals. This is no easy task with legislators who represent times this request holding Committee so on. Standing Committees typically fare or education. In all, there are 46 support” is A joint, bipartisan House-Senate a large diversity of interests across the state. Discussions meetings and public hearings where are composed of 15 House members Subcommittees which can be asked backed by both committee of six which attempts to are more like negotiations. Sparks fly as members tug experts and the public at large can of the political party which holds the to study bills and report and recom- Democrats and settle differences over bills which and pull their various positions into place and persuasive present their viewpoints. In a two- current majority in the House and 11 mend action to the parent committee. Republicans. both chambers wish to support. Their Caucus Leaders try to gather enough votes to defeat or year session, the House averages 700 House members of the minority party. For example, the Subcommittee on compromise report, called a “confer- pass a bill. If Leaders succeed in “holding the majority” committee meetings and hearings Higher Education may study a bill for ence report,” must be voted “yeah” of 102 votes, they must then “hold their caucus” or keep which are open to the public. its parent, the Education Committee. or “nay” by the House and Senate their members from deserting the party position once 8 with no further amendments. everyone returns to the Floor. 9 leaving the final joining entering a wider world the nest interview the team 5 The House Floor 678Appraisal by The Governor’s A Bill Becomes the Senate Desk Law

ELECTRONIC ROLL CALL The House of Like all bills, Second Day of Consideration Although the House 652 must eventu- Members vote at their seats using passed Bill Now that both the House and the Hypothetical Representatives ally leave the caucus room to test During the Second Consideration, an electronic roll call system. 652, its endurance testing is far from Senate approve, House Bill 652 must House Bill 652 has originated its popularity on the Floor of the House Bill 652’s number and title Each desk is equipped with voting over. Next, it goes to the Senate, be evaluated by the Governor – the is now repack- 63 percent of the House. The Constitution requires the are again read. The entire House buttons, green for “yea,” red for where it faces the same series of state’s chief executive officer. The aged as a law. bills which have full House to consider each bill three screens the bill and determines if it “nay.” At a signal from the Speaker, careful checkpoints: the committee, Governor does not pass bills or make First, it is given become law. members times, on three separate days before has enough information to discuss it. the caucus, and the three separate law, but will do one of the following: a new number On average, the record their taking a vote on final passage. The Amendments may be offered. considerations on the Senate Floor. House introduces votes. Instantly, Sign a bill into law just as it is. and new title, 62 percent of the authors of our Constitution included Bills that require an expenditure of the votes are The process lengthens if the Senate Permit a bill to become law with- i.e., “An Act of bills proposed this requirement to slow down the funds or involve loss of revenue to displayed on wants amendments to the bill, which out signing it. the General As- in the General legislative process, making sure that the state are sent to the Appropria- electronic voting boards means sending it back to the House. Reject a bill with a veto, which the sembly.” Then, Assembly. the public would have sufficient tions Committee, which reports them posted on either side of the There, members decide if they agree General Assembly can override the Legislative time to contact their representatives back to the Floor with a “fiscal note,” House and tallied electronically at or disagree with the proposed chang- with a two-thirds majority in each Reference Bu- the podium so the Speaker can and voice their objections or support or price tag, telling the members how es. If they do not agree, the bill goes body. reau documents the Act by publishing announce the final vote. of bills under consideration. “Con- much it will cost to enact the bill. to Conference Committee to work Veto specific items in an appro- it in book form in Pamphlet Laws, sideration” of a bill takes a different out a compromise (see “A Catalog of priations bill, i.e., use a “line item which is available for distribution to form on each of the three days. Third Day of Consideration their positions with eloquence and Committees,” p. 8). Fortunately, the veto”; the General Assembly can the public. The Third Consideration is the true emotion. popularity of imaginary House Bill also override a line item veto if it This fictional Act is now the official First Day of Consideration day or reckoning for Bill 652 – a full At the close of the debate, members 652 holds, and the final Senate vote has a two-thirds majority in each law of the land in Pennsylvania – but The First Day of Consideration is a debate, and vote on passage, up or vote from their desks by electronic approves it unchanged. body. not necessarily forever. Laws stay on simple debut for Bill 652. Essentially, down, by all members. The system roll call. Legislators cannot abstain – The Speaker of the House and the Shortly after it has arrived on his the books if they serve the public well it is used to announce that the bill has allowed enough time for all inter- each bill requires a “yeah” or “nay” vote President Pro Tempore of the Senate desk, the Governor signs into law and comply with the Constitution. If has been reported from Committee. ested parties to offer their opinions from every member present. To pass, each sign the bill in the presence of House Bill 652. not, the General Assembly can repeal The clerk reads the number and title and for all members to prepare for the bill must receive a constitutional their respective bodies (House the law or the courts can declare it of the bill. There is no debate, no debate. majority. Certain appropriations bills or Senate), and House Bill 652 unconstitutional. amendments are offered, and no vote Debate over a controversial bill can require a two-thirds majority. enters the home stretch. ACT is taken. Then House Bill 652 is auto- take many hours, filling the chamber Hypothetical House Bill 652 passes matically tabled, making it inactive for with high drama as legislators state overwhelmingly on the Floor of the no more than 15 legislative days. House and graduates to the next plateau. Faster action can be taken on the bill Hypothetical House Bill 652 was That’s why we can’t turn if the Rule Committee recommends uncontroversial and uncompli- sound ideas into law with a snap that it come off the table sooner or if cated and, as a result, breezed of our fingers–even though we a representative moves to take it off LEGISLATIVE DAY CONSTITUTIONAL MAJORITY PRESIDENT PRO TEMPORE through the legislative process. sometimes wish we could. It takes In reality, progress often is more time. And that’s good, because a the table and a majority of members A legislative day refers to a calendar A constitutional majority is composed The Senator elected by the members plodding, as bills are examined bill that survives intense review agree. day during which the House or Senate of more than half of those elected to to serve as the presiding officer of is in session. Legislative days are not the House or the Senate, regardless of the Senate. The words “pro tempore,” by subcommittees, discussed at by all interested parties is more necessarily consecutive because the how many members are present when meaning “for a time,” refer to his or her public hearings, amended, re- likely to represent the will of the House or Senate recesses for the a vote is taken. Thus, a constitutional “temporary” role as President in the considered, assigned a price tag, people. That kind of responsible weekends, holidays, and on days when majority in the House is 102 or more absence of the Lieutenant Governor – and so on. Whether a popular lawmaking is what our ancestors members perform legislative business votes, and in the Senate, 26 or more the ceremonial President of the Senate bill moves effortlessly through had in mind when they wrote the away from the House or Senate floor. votes. A “simple majority” is equal who votes only in the case of a tie. The the system or makes several stops state Constitution; and it guides to more than half of those who are President cannot, however, vote on final along the way, no bill can be- our legislators today as they present when a vote is taken. passage of a bill or joint resolution. come law without fair consider- make law in Pennsylvania. 10 ations from many points of view. 11 There is much to be proud of in Pennsylvania. Magnificent land, steadfast citizens, lasting traditions, resilient spirit – and a system of government that has sustained Pennsylvania and the nation for over 300 years. Making Law Pennsylvania is one of a series of booklets we at the House of Representatives have prepared to make our state and the everyday workings of our government more understandable to its citizens. As your representatives, this is both our responsibility and our pleasure.

Copies of this booklet may be obtained from your State Representative or from:

The Office of the Chief Clerk House of Representatives Room 129, Main Capitol Building Harrisburg, PA 17120-2220

Pennsylvania House of Representatives