COMMITTEE OF CONFERENCE. Report of, is subject to Amendment. A concurrent resolution was offered to amend the Report of the Committee on Conference. The point of order was raised, That there is no parlimentary procedure to allow a conference report to be amended The conferees of the two Houses represent the bodies and the way it should be done is to refer it back to the Conference Committee. The Speaker decided the point of order not well taken. The Conference Committee is the creature of the Assembly, composed of members of the House and Senate and representing them. The report is returned by the Committee to the Assembly and the duties of the committee thereupon are completed. The report then belongs to the Assembly and that report amended before being passed upon by way of adoption. (Legislative Journal, June 26, 1913, p. 5230; Journal, H. R., p. 5677.) Motion to Discharge and Recede, not in Order. can be The Speaker submitted to the House for decision: "Is the motion to discharge the committee of conference and recede from its non-concurrence in order?" The House decided in the negative. (Journal H. R., 1840, p. 360.) Discharge of, must be by concurrent Resolution. On a motion to discharge the Committee of Conference from further consideration of a House Bill, The point of order was raised, That this motion is out of order, this is a conference committee and a motion to discharge it must be done by a concurrent resolution. The Speaker decided the point of order well taken. pp. 5419 and 5420; Journal H. R., p. 5849.) Minority of, Cannot Report Reasons for Dissent. (Legislative Journal, June 27, 1913, The House sus The Speaker decided that it is not in order for the minority of a committee of conference to make a report, giving the reasons for dissent from the report of a majority. tained the decision. (Journal H. R., 1850, pp. 1216, 1218.) Members of, May give Reasons for arriving at Report. On the question of adopting a report of the Committee of Conference on a House Bill, a member of the Committee was explaining the report. The point of order was raised. That anything transpiring in Committee is not to be made public before the House. The Speaker ruled that a member of a Conference Committee has a right to explain to the House reasons for arriving at and making the report. A Conference Report is different from a report of a Committee of the House, therefore the point of order is not well taken. (Legislative Journal, June 28, 1917, p. 4731.) Report of, Must be Printed Before Action. The Speaker decided that a report of a committee of conference must be printed before action can be taken by the House. (Journal H. R., 1874, p. 436.) Cannot be Appointed until Senate has been Notified of the Non-Concurrence of the House in Senate Amendments. The point of order was raised that a committee of conference could not be appointed until after the Senate had been notified that the House had not concurred in the Senate amendments The Speaker decided the point of order well taken. (Journal H. R., 1891, p. 876.) Motion to Appoint, Cannot Include Instructions not to Agree to Matters in Dispute. The Speaker decided that it was not in order to couple with a motion to appoint a committee of conference, instructions for the said committee not to agree to certain matters in dispute. (Journal H. R., 1871, p. 1294.) House can Instruct its own Conferees. On a motion to instruct a Conference Committee to make certain amendments to a House Bill. The point of order was raised. That this motion is out of order because the House cannot instruct the conferees. This is a joint conference committee of the House and Senate and this body has no power to instruct such conferees. It can reject their report and the House has the power to name new conferees or the present conferees can be requested to reconsider the matter but this House cannot instruct joint conferees. The Speaker ruled that the question is not whether this House can instruct the joint conferees, but whether this House can instruct its own conferees to express its wishes, therefore the point of order is not well taken. (Legislative Journal, June 28, 1917, p. 4734.) Not in Order for a Standing Committee to Act as a Committee of Conference. The conference committee having failed to agree and the House committee having been discharged, a motion was made that the bill be referred for any further conference to the Committee on Labor and Industry. The point of order was raised that the motion was out of order, as it changed the joint rule, and the rule must first be suspended. The Speaker decided the point of order well taken. (Journal H. R., 1903, p. 2337.) Failure of, to Agree, does not Defeat Bill. A motion was offered to commit a House Bill to a committee after a Committee of Conference had been discharged from further consideration of said bill. The point of order was raised, That the Committee of Conference having failed to agree and having been discharged, the bill falls. (Journal, H. R., April 15, 1903, p. The Speaker decided the point of order not well taken. COMMITTEE OF THE WHOLE. Report of, Embracing Subjects not Appertaining to Bill, out of Order. The Speaker decided that a report of the committee of the whole embracing subjects not appertaining to the original bill, is out of order. (Journal H. R., 1850, p. 1120.) Reconsideration of Vote Refusing Leave to Sit Again not in Order. The House having refused the committee of the whole House leave to sit again upon a bill, the bill being again before the House, pending the question "Will the House agree to the first section?" a motion was made to reconsider the vote refusing the committee of the whole leave to sit again. The Speaker ruled the motion out of order. (Journal H. R., 1855, p. 1015.) Cannot Sit at Time Fixed for Another Special Order. The Speaker decided that a bill pending in committee of the whole, having been made the special order of the day for this day, and having been proceeded with during the morning session, the committee having risen and leave to sit again granted, a majority of the House calinot give the committee leave to sit at a time which the House has fixed for the consideration of another special order subsequently made by a two-thirds vote. (Journal H. R., 1873, p. 713.) Amendments made in, Fall when Committee Reports Progress and Leave to Sit Again is Refused. Amendments made in committee of the whole are not parts of bills when the committee reports progress, and leave to sit again is not granted by the House. (Journal H. R., 1820-21, p. 913.) Special Amendment, offered in, can be Amended. That when a motion is made that the House go into committee of the whole for special amendment is indicated, and is not subject to amendment. The Speaker decided the point of order to be not well taken. (Journal H. R., 1881, p. 984.) Motion to go into, is debatable. On the question of agreeing to a motion to go into the Committee of the Whole House for the purpose of special amendment to a Senate Bill. The point of order was raised, That this motion is not debatable. The Speaker decided the point of order not well taken. (Legislative Record, May 13, 1907, p. 5228.) Motion to go into, immediately following defeat of like motion, not in order. A motion that the House resolve itself into a Committee of the Whole for the purpose of special amendment to a House Bill, was offered immediately following the defeat of a similar motion. The point of order was raised. That the House having refused to go into the Committee of the Whole we cannot entertain the same motion a second time. The Speaker decided the point of order well taken. (Legislative Record, March 6, 1907, p. 1044; Journal H. R., p. 835.) Motion to go into, is a privileged motion. On the question of agreeing to a motion to go into the Committee of the Whole for the Purpose of Special Amendment to a Senate Bill. The point of order was raised. That this being a Senate Bill it cannot be considered for the reason that the orders for the day have been fixed by the House. The Speaker decided the point of order not well taken as this is a privileged motion. (Legislative Record, May 8, 1901, p. 2288.) Motion to go into, not in order after bill has been agreed to on third reading. A House Bill was being considered on final passage, when a motion was made that the House resolve itself into Committee of the Whole for special amendment. The point of order was raised, That this bill having been agreed to on third reading and now being under consideration on final passage, the House cannot go into the Committee of the Whole. The Speaker decided the point of order well taken. (Legislative Journal, April 12, 1915, p. 1492.) Dispensed with on second reading, motion to go into, not in order. A motion was offered that the House resolve itself into Committee of the Whole for the purpose of general amendment. The point of order was raised, That the bill being on second reading, the House has already dispensed with going into the Committee of the Whole. The Speaker decided the point of order well taken. (Legislative Record, April 7, 1909, p. 2968.) COMMITTEE ON COMMITTEES. Resolution naming, not in order until House is organized. On the question of the adoption of a resolution naming a Committee on Committees, That the resolution is out of order at this time as the House is not fully organized until the Speaker is elected and we are proceeding to do business without the election of a Speaker. The Chief Clerk decided the point of order well taken and stated that unanimous consent is required for the consideration of the resolution. (Legislative Journal, January 7, 1913, p. 24; Journal H. R., p. 23.) COMMITMENT AND RECOMMITMENT. Motion for, not in Order when Reports from Committees are being Made. Reports of committees being in order, the Speaker decided that it would require a suspension of the orders to make a motion to recommit a bill. (Journal H. R., 1870, p. 343.) Motion for, with instructions to change character of bill, not in order. A point of order was raised that a motion to recommit a bill, with instructions to amend so as to change the object of the bill, was not in order. The Speaker decided the point to be well taken. The House sustained the decision. (Journal H. R., 1875, pp. 314, 315.) To another Committee, when Motion for, in Order. On the question whether a motion to recommit a bill to a different committee from the one which reported it is in order, the Speaker decided that the rule permits a motion to be made to recommit a bill, which means that it be returned to the committee which reported it; and a motion to commit to another committee should be made as an independent motion, when original resolutions are in order, or when the bill is properly before the House. (Journal H. R., 1878, p. 295.) Motion for, not in order until bill is before the House. A bill being on the postponed calendar and a motion to recommit to committee having been made, the point of order was raised that the motion was not in order as the bill was not before the House. The Speaker decided the point of order well taken. (Journal H. R., 1901, p. 843.) (See also, Legislative Record, February 13, 1905, p. 458; Journal H. R., p. 464.) Motion for, is in order when bill is before the House. On a motion to recommit a House Bill to Committee. The point of order was raised, That a motion to recommit can only be made on Mondays or Fridays therefore this motion is out of order. The Speaker decided the point of order not well taken, stating the practice of the House is to entertain a motion to recommit at the time the bill is before the House. (Legislative Record, February 7, 1907, p. 464; Journal H. R., p. 456.) Motion for, not in order until vote on third reading is reconsidered. On a motion to recommit a House Bill to committee, The point of order was raised, That the bill could not be recommitted until the vote by which the bill passed third reading be reconsidered. The Speaker decided the point of order well taken. p. 2528; Journal, H. R., p. 3183.) Motion for, not in Order when bill is not on File. (Legislative Journal, May 1, 1913, The point of order was raised that the bill is not on file, and therefore under the rules it cannot be recommitted. Decided well taken. islative Record, 1901, p. 855.) (Journal H. R., 1901, p. 669; see also Leg Motion for, not in order until bill has been read for the first time. On the question of agreeing to a motion to recommit Senate Bill to committee, The point of order was raised, That a bill cannot be recommitted until it has been read before the House for the first time, this bill has not been read before the House at all. The Speaker decided the point of order well taken. p. 2862; Journal H. R., p. 1976.) (Legislative Record, June 3, 1901, An appeal was taken from the decision of the Chair. (Legislative Record, June 3, 1901, p. 2862.) Motion for, precludes amendment. A motion was made to recommit a House Bill while an amendment to the bill was under consideration. The point of order was raised. That a motion to recommit precludes action on the question before the House. The Speaker decided the point of order well taken. (Legislative Journal, February 15, 1915, p. 207.) AND CONSTITUTION. Advertisement of Notice of Local or Special Bills Must be Published in Two Papers in each of the Counties Affected, as required by. The point of order was raised that advertisements of local or special bills shall be in at least two newspapers, published in each of the counties to be affected. The Speaker submitted the question to the House for its decision. The House decided the point of order well taken. (Journal, H. R., 1876, p. 790.) of On third reading of a House Bill the point of order was raised that the bill affects the counties of Allegheny, Westmoreland, Fayette, Greene and Washington; that the notice this bill was only advertised in Allegheny, in one paper, and in two papers in Washington, and not published in Westmoreland, Fayette or Greene, and therefore, not properly advertised, the principal office of the corporation being situated in the city of Pittsburgh. The Speaker decided the point of order well taken. The House sustained the decision of the Chair. (Journal H. R., 1876, pp. 825, 826, 827.) The Speaker ruled that a bill is not properly before the House, it affecting two counties. when notice for the proposed application has not been advertised in the two counties (the locality affected thereby), as required by section eight of the third article of the Constitution. (Journal H. R., 1878, p. 837.) (See also Legislative Record, April 16, 1901, p. 1504; Legislative Record, March 16, 1905, p. 1183; Legislative Record, April 13, 1909, p. 3491; Legislative Record, April 13, 1909, p. 3504; Legislative Journal, May 22, 1911, p. 3256; Legislative Journal, May 27, 1913, p. 3518; Journal H. R., p. 1247. Journal H. R., p. 4160.) Proof of Publication of Advertisement, must be Exhibited before Final Vote is taken on Local Bill. A local bill being under consideration on second reading. the point of order was raised that the bill could not be considered as it had never been advertised. The Speaker decided that before the bill passed finally proof of advertisement must be shown, but that he could not rule it off the calendar on second reading. (Journal H. R., 1887, p. 1256.) (See also, Legislative Journal, March 29, 1915, p. 978; Journal H. R., p. 1234.) Seal of the Court not Necessary to Verify Signature of Justice to Affidavit of Publication of advertisement. The Speaker decided that the signature of the justice, or other person before whom affidavit of the publisher of the notice required in case of local or special bills is made, is not necessary to be verified by the seal of the court. (Journal H. R., 1879, p. 490.) Bill Amending Local Laws, Unconstitutional. The point of order was submitted that this Act is in conflict with article three, section seven of the Constitution, in that it is a supplement, to a local law regulating the opening and repairing of roads and bridges. A local law, the enactment of which is prohibited, cannot be amended. Decided well taken by the House. (Journal H. R., 1885, p. 972.) Amendments to, Proposed by one Legislature, not Subject to Amendment by Succeeding. The Speaker decided that the proposed amendments to the Constitution agreed to by one Legislature, were not subject to amendment in the Legislature next afterwards chosen. H. R., 1857, p. 891.) Proposing Amendments to. (Journal Joint resolution of the Senate proposing amendments to the Constitution of the Commonwealth, being before the House, a question of order was raised, as follows, viz: The second part, or section nine, of the amendment now under consideration, having been before this House on the 2d day of March, and on the call of the yeas and nays, a majority of the members elected not having agreed to the same, it was negatived, is it in order for this House again to consider and again to determine the question, whether it will agree to or negative the same section or part of said amendment. The Speaker decided that it was in order, and assigned for the decision the following reasons, viz: "The manner of agreeing to or negativing amendments to the Constitution is prescribed by that instrument itself. It directs that any proposed amendment or amendments, to be operative, shall be agreed to by a majority of the members elected to each House. When the proposed amendments to the Constitution were before this House, on the 2d day of March, the gentleman from Philadelphia (Mr Smith), being temporarily in the chair, directed that the yeas and nays should be called, not only on the second amendment, but upon its separate parts severally. This the House had no power to do under the Constitution. It could take no constitutional action, only in obedience to the specific requirements of that instrument. The action of the House in thus voting separately on two parts of one amendment, being without authority, was void and of no effect and could not affect the right of this House to do that which was its duty to do-to vote on the amendments. The amendment now before this House has not been negatived. The vote now demanded of this House, is on the whole amendment, and not on a part of it, and is not the same proposition as that which was negatived on the second day of March by this House. It is, therefore, in order for the House to proceed to consider and vote upon the proposed amendment now before the House." The House sustained the decision. (Journal H. R., 1864, p. 371.) Requires that Bill Must Recite Acts Proposed to Revise or Amend. The point of order was raised that a House Bill is in violation of section six. article three. of the Constitution, as it attempts to revise or amend a law without reciting the bill amended. The Speaker decided the point of order to be well taken. (Journal H. R., 1881, p. 1080.) CONSTITUTION-Continued. To Repeal a Law by its Title in a Constitutional Act. The point of order was raised that section two of a House Bill is not Constitutional, it being in violation of section six, article three of the Constitution, as follows, viz: "No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended or conferred, shall be re-enacted and published at length." The Speaker decided the point of order not well taken, as the second section merely repealed an act, but did not revive, amend, or extend the provisions of any law. (Journal H. R., 1881, p. 291.) Special or local legislation violates Article III Section 7. On the final passage of a House Bill. The point of order was raised, That this bill is unconstitutional being special and local legislation prohibited by Article III, section 7 of the Constitution of Pennsylvania. The Speaker submitted the point of order to the House. The House sustained the point of order, (Legislative Journal, March 31, 1913, pp. 1301, 1302, 1303 and 1304; Journal H. R., p. 2009.) (See also, Legislative Record May 5, 1907. p. 963, Journal H. R., p. 782; Legislative Journal May 5, 1915, p. 2845; Journal H. R., p. 3098.) Bill Repealing Local, and Enacting General Laws, Constitutional. The point of order was raised that the amendment was out of order, because an act to repeal an Act could not be amended. The Speaker pro tempore decided the point not well taken, as the bill not only repealed an act, but enacted a new law. (Journal H. R.. 1885, p. 940.) Bill Regulating Trade, Labor, et cetera, Unconstitutional. The point of order was raised that the amendment to a house bill is not in order, being in violation of the seventh section of the third article of the Constitution, which says: "No law shall be passed regulating labor, trade, mining or manufacturing." The Speaker decided the point of order to be well taken. (Journal H. R., 1881, p. 533.) Bill To regulate Railroad Rates, Constitutional. The House decided that a bill to provide for equality in rates of transportation, et cetera, of property carried by railroads in Pennsylvania, prohibiting rebates and drawbacks and contracts therefor, et cetera, is not in conflict with Constitution. (Journal H. R., 1879, p. 730.) Right of Eminent Domain Under provisions of, can only be to Public or Quasi Public Corporation. A Senate Bill was under consideration on second reading, That this bill is unconstitutional because it is against the provisions of the Constitution of Pennsylvania to grant the right of eminent domain to any one but public or quasi public corporations. The Speaker submitted the point of order to the House. The House sustained the point of order. (Legislative Journal, May 18, 1915, p. 3703.) Bill Exempting Private Property from Taxation, Unconstitutional. The point of order was raised that this bill is unconstitutional, in that it exempts from taxation real estate, in conflict with article nine, sections one and two of the Constitution. Decided well taken by House. (Journal H. R., 1885, p. 918.) Bill Unconstitutional, House Competent to Amend, Making Constitutional. " A point of order was raised that a bill "to increase the revenue and impose a tax on all crude petroleum shipped outside the Commonwealth,' was unconstitutional, could not be amended. and should be stricken from the calendar. The Speaker decided that while the bill might be unconstitutional it was certainly competent for the House to amend it so as to make it constitutional. (Journal H. R., 1883, p. 1085.) Bills Providing for Settlement of Private Claims, Unconstitutional. The point of order was raised that a bill which confers the right upon certain persons of presenting a claim against the Commonwealth in the courts of Dauphin county, which right is now possessed by other citizens of the State, confers a special privilege upon said persons, and is, therefore, contrary to section seven, article three of the Constitution. The Speaker decided the point of order to be not well taken, as the bill confers simply the right to test the validity of an individual claim against the Commonwealth, which is not provided for by law. The House reversed the decision. (Journal H. R., 1881, p. 833.) Bill to Prevent Grade Crossings in Cities of First and Second Class, Constitutional. The point of order was raised that a bill to prevent railroad crossings at grade in cities of the first and second class was in conflict with section seven, article three, of the Constitution. The Speaker decided the point of order not well taken, as the bill was intended to be a general act. (Journal H. R., 1889, p. 357.) Bill Prescribing New Duties for Public Officers, of a Single County Unconstitutional. The point of order was raised that the bill was unconstitutional in that it prescribed new duties for public officers of a single county. Speaker pro tempore decided point well taken. (Journal H. R., 1885, p. 917; Legislative Record, 1885, p. 1654.) |