PRIOR PRINTER'S NO. 729 PRINTER'S NO. 806
No. 53 Session of 1977
INTRODUCED BY IRVIS, MARCH 16, 1977
AS AMENDED, HOUSE OF REPRESENTATIVES, MARCH 23, 1977
In the House of Representatives, March 16, 1977
1 RESOLVED, That the House of Representatives hereby adopts the
2 following rules as the rules of this House for the session
3 beginning January 4, 1977, superseding any other rules
4 heretofore adopted:
5 RULES OF THE HOUSE OF REPRESENTATIVES
6 Definitions
7 A. "Day" shall mean any Calendar day.
8 B. "Legislative Day" shall mean any day that the
9 House shall be in session.
10 C. "Hall of the House" shall be the floor space
11 within its four walls and does not include the
12 adjoining conference rooms, the lobbies or the
13 upper gallery of the House.
14 D. "Floor of the House" shall be that area within the
15 Hall of the House between the Speaker's rostrum
16 and the brass rail behind the Members' seats.
17 E. "Press Gallery" shall be within that area known
18 as the Hall of the House as designated by
1 the Speaker.
2 F. "Roll Call Vote" shall be a vote taken and
3 displayed by and on the electric roll call
4 board or in the event of a malfunction of the electric
5 roll call board, by such method as shall be determined by
6 the Speaker.
7 G. "Formal Action" shall mean any vote or motion
8 of a member of a standing committee, standing
9 sub-committee, select committee or rules
10 committee of the House of Representatives to
11 report or not report, amend, consider or table
12 a bill or resolution and the discussion and
13 debate thereof.
14 H. "Code" shall mean the Pennsylvania Consolidated Statutes or <--
15 any other act of the Legislature which purports to be a
16 revision of all laws upon a particular subject or which
17 purports to establish a uniform and mandatory system
18 covering a class of subjects.
19 RULE 1
20 Speaker Presiding
21 The Speaker shall preside over the sessions of the House. He
22 may name a member to preside, but the substitution shall not
23 extend beyond an adjournment. He may appoint a member as Speaker
24 Pro Tempore to act in his absence for a period not exceeding ten
25 consecutive legislative days.
26 In case of failure to make an appointment, the House shall
27 elect a Speaker Pro Tempore to act during the absence of the
28 Speaker.
29 The Speaker Pro Tempore shall perform all the duties of the
30 Chair during the absence of the Speaker.
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1 RULE 2
2 Taking the Chair
3 The Speaker shall take the Chair and call the members to
4 order on every legislative day at the hour to which the House
5 adjourned at the last sitting. On the appearance of a quorum,
6 the Speaker shall proceed to the regular order of business as
7 prescribed by the rules of the House.
8 RULE 3
9 Order and Decorum
10 The Speaker shall preserve order and decorum. In case of any
11 disturbance or disorderly conduct in the galleries or lobbies,
12 he shall have the power to order the same to be cleared.
13 The Speaker shall have the right to summon State Police to
14 assist in the preservation of order and decorum.
15 The Sergeant-at-Arms under the direction of the Speaker
16 shall, while the House is in session, maintain order on the
17 floor and its adjoining rooms. He shall enforce the rule with
18 respect to the conduct of visitors.
19 RULE 4
20 Questions of Order
21 The Speaker shall decide all questions of order subject to an
22 appeal by two members. The Speaker may, in the first instance,
23 submit the question to the House. Questions involving the
24 constitutionality of any matters shall be decided by the House.
25 On questions of order there shall be no debate except on an
26 appeal from the decision of the Speaker or on reference of a
27 question by him to the House. In either case, no member shall
28 speak more than once except by leave of the House.
29 Unless germane to the appeal, a second point of order is not
30 in order while an appeal is pending; but, when the appeal is
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1 disposed of, a second point of order is in order and is subject
2 to appeal.
3 RULE 5
4 Conference and Select Committee Appointments
5 All Committees of Conference shall be appointed by the
6 Speaker and shall be composed of three members, two of whom
7 shall be selected from the majority party and one from the
8 minority party.
9 The Speaker shall appoint the members of Select Committees,
10 unless otherwise ordered by the House.
11 RULE 6
12 Signature of the Speaker
13 The Speaker shall, in the presence of the House, sign all
14 bills and joint resolutions passed by the General Assembly after
15 their titles have been publicly read immediately before signing,
16 and the fact of signing shall be entered on the Journal.
17 Resolutions, addresses, orders, writs, warrants and subpoenas
18 issued by order of the House, shall be signed by the Speaker and
19 attested by the Chief Clerk.
20 RULE 7
21 Oath to Employees
22 The Chief Clerk shall administer an oath or affirmation to
23 the employees of the House that they will severally support,
24 obey and defend the Constitution of the United States and the
25 Constitution of Pennsylvania, and that they will discharge the
26 duties of their offices with fidelity.
27 Each employee of the House, after taking the oath of office,
28 shall sign his name in the Oath Book in the presence of the
29 Chief Clerk.
30 RULE 8
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1 Supervision of Hall of the House
2 and Committee Rooms
3 Subject to the direction of the Speaker, the Chief Clerk
4 shall have supervision and control over the Hall of the House,
5 the caucus and committee rooms and all other rooms assigned to
6 the House.
7 During the sessions of the Legislature the Hall of the House
8 shall not be used for public or private business other than
9 legislative matters except by consent of the House. During
10 periods of recess of the House such use may be authorized by the
11 Speaker without the consent of the House.
12 RULE 9
13 Decorum
14 While the Speaker is putting a question or addressing the
15 House and during debate or voting, no member shall disturb
16 another by talking or walking up and down or crossing the floor
17 of the House.
18 RULE 10
19 Debate
20 When a member desires to address the House, he shall rise and
21 respectfully address himself to "Mr. Speaker." Upon being
22 recognized, he may speak, confining himself to the question
23 under consideration and avoiding personal reflections.
24 When two or more members rise at the same time and ask for
25 recognition, the Speaker shall designate the member who is
26 entitled to the floor.
27 No member, except the Majority and Minority Leaders, may
28 speak more than twice on any question, without the consent of
29 the House.
30 With the unanimous consent of the House a member may make a
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1 statement not exceeding ten minutes in length concerning a
2 subject or matter not pending before the House for
3 consideration, providing the Majority and Minority Leaders have
4 agreed on a time the member is to ask for recognition.
5 RULE 11
6 Interruption of a Member who Has the Floor
7 A member who has the floor may not be interrupted, except for
8 questions of order or by a motion for the previous question.
9 With his consent, a member may yield the floor for questions
10 related to the subject before the House.
11 RULE 12
12 Personal Privilege
13 Any member may by leave of the Speaker rise and explain a
14 matter personal to himself, but he shall not discuss a pending
15 question in his explanation. Questions of personal privilege
16 shall be limited to questions affecting the rights, reputation
17 and conducts of members of the House in their respective
18 capacity.
19 RULE 13
20 Transgression of House Rules
21 If any member in speaking or otherwise transgresses the Rules
22 of the House, the Speaker or any member through the Speaker
23 shall call him to order, in which case he shall immediately sit
24 down unless permitted by the House to explain.
25 The House upon appeal shall decide the case without debate.
26 If the decision is in favor of the member, he may proceed. If
27 the case requires it, he shall be liable to censure or other
28 punishment as the House deems proper.
29 RULE 14
30 Members' and Employees' Expenses
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1 A member who attends a duly called meeting of a standing or
2 special committee of which he is a member when the House is not
3 in session or who is summoned to the State Capitol or elsewhere
4 by the Speaker, or the Majority or Minority Leader of the House,
5 to perform legislative services when the House is not in session
6 shall be reimbursed per day for each day of service, plus
7 mileage to and from his residence, at such rates as shall be <--
8 determined by the Rules Committee ARE PROVIDED HEREIN. These <--
9 expenses shall be paid by the Chief Clerk from appropriation
10 accounts under his exclusive control and jurisdiction, upon a
11 written request approved by the Speaker of the House, or the
12 Majority or the Minority Leader of the House.
13 An employee of the House summoned by the Speaker or the
14 Majority or Minority Leader of the House to perform legislative
15 services outside of Harrisburg shall be reimbursed for actual
16 expenses and mileage to and from his residence. Such expenses
17 may be paid by the Speaker, Majority or Minority Leader, if they
18 agree to do so, or shall be paid by the Chief Clerk from
19 appropriation accounts under his exclusive control and
20 jurisdiction, upon a written request approved by the Speaker of
21 the House, or the Majority or the Minority Leader of the House.
22 Members and employees traveling outside the Commonwealth of
23 Pennsylvania who receive any reimbursement for expenses or
24 travel which reimbursement is from public funds shall file with
25 the Chief Clerk a statement containing his name and the name,
26 place and date PLACE, DATE AND THE PURPOSE of the function. <--
27 Money appropriated specifically to and allocated under a
28 specific symbol number for allowable expenses of members of the
29 House of Representatives shall be reimbursed to each member upon
30 submission of vouchers and any required documentation by each
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1 member on forms prepared by the Chief Clerk of the House. No
2 reimbursement shall be made from this account where a member
3 receives reimbursement for the same purpose from any other
4 appropriation account.
5 Except where otherwise prohibited by this rule, such <--
6 reimbursement allowance SUCH ALLOWABLE EXPENSES OF MEMBERS may <--
7 be used for any legislative purpose or function, including but
8 not limited to the following:
9 (1) Travel expense on legislative business.
10 (a) Mileage on SESSION OR nonsession days at a rate to <--
11 be determined by the Rules Committee OF FIFTEEN CENTS A MILE <--
12 for travel by private transportation on legislative business;
13 voucher only.
14 (b) Miscellaneous transportation (taxi, ON LEGISLATIVE <--
15 BUSINESS, TAXI, AIRPORT LIMOUSINE parking, tolls), and other <--
16 miscellaneous transportation AND expenses of a similar <--
17 nature; voucher only for any single expense NOT IN EXCESS OF <--
18 TEN DOLLARS ($10). No receipt shall be necessary unless such <--
19 expense is in excess of an amount to be determined by the
20 Rules Committee.
21 (c) Travel ON LEGISLATIVE BUSINESS by common carrier <--
22 other than taxi AND AIRPORT LIMOUSINE; voucher and receipt <--
23 from common carrier.
24 (d) Car rental; voucher and receipt from rental agency
25 but reimbursement shall not exceed an amount to be determined <--
26 by the Rules Committee NOT TO EXCEED TWO HUNDRED DOLLARS <--
27 ($200) in any month. Any amount in excess of the said amount
28 shall be paid by the person renting the car.
29 (e) Lodging, restaurant charges and other miscellaneous
30 and incidental expenses while away from home. Vouchers only
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1 for expenses NOT IN EXCESS OF FORTY-FOUR DOLLARS ($44) PER <--
2 DAY. No receipt shall be necessary unless such expenses are <--
3 in excess of an amount per day to be determined by the Rules
4 Committee.
5 (2) Administrative, clerical and professional services for
6 legislative business, except for employment of spouses or
7 dependent children.
8 (a) Administrative and clerical services; voucher and
9 receipt from person employed.
10 (b) Professional services; voucher and receipt and copy
11 of agreement or contract of employment.
12 (3) Rent for legislative office space; purchase of office
13 supplies; postage; telephone and answering services; printing
14 services and rental only of office equipment; voucher and
15 vendor's receipt, except for postage expense.
16 (4) Official entertainment--restaurant and beverage charges;
17 voucher only for expenses. No receipt shall be necessary unless <--
18 such expenses are in excess of an amount to be determined by the
19 Rules Committee. RECEIPTS FOR ENTERTAINMENT EXPENSES, TOGETHER <--
20 WITH A STATEMENT OF THE REASON FOR THE EXPENSE, SHALL BE
21 SUBMITTED WITH THE REQUEST FOR REIMBURSEMENT.
22 (5) Purchase of flags, plaques, publications, photographic
23 services, books, and other similar items in connection with
24 legislative activities; voucher and vendor's receipt.
25 (6) Communications and donations in extending
26 congratulations or sympathy of illness or death; voucher only on
27 expenses NOT IN EXCESS OF THIRTY-FIVE DOLLARS ($35). No receipt <--
28 shall be necessary unless such expenses are in excess of an
29 amount to be determined by the Rules Committee.
30 No money appropriated for members' and employees' expenses
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1 shall be used for contributions to political parties or their
2 affiliated organizations or to charitable organizations or for
3 charitable advertisements.
4 The amount of the per diem, mileage or other maximum expense <--
5 allowance shall be determined by the Committee on Rules in the
6 form of a resolution adopted by said Committee and thereafter
7 such resolution shall be entered in the Journal of the House as
8 part of the public record.
9 The Chief Clerk, the Secretary and the Minority Administrator
10 solely on their own behalf, shall be entitled to reimbursement
11 for food, lodging or travel in an amount not in excess of seven
12 thousand five hundred dollars ($7,500) per year; provided that
13 such expenditures are in furtherance of legislative business
14 regardless of where, in the Commonwealth, such business is
15 transacted.
16 The Chief Clerk, Secretary of the House and the Minority <--
17 Administrator shall on a prescribed form, file a monthly report
18 with the Speaker, Majority Leader and the Minority Leader as to
19 the expenses reimbursed them for each month. In addition, all
20 other disbursements and debts incurred by the Chief Clerk,
21 Secretary of the House or Minority Administrator from
22 appropriation accounts under their control and jurisdiction
23 shall be recorded monthly on a prescribed form and retained by
24 the Chief Clerk. A copy of such report shall be sent monthly to
25 the Speaker, Majority Leader and the Minority Leader.
26 All disbursements made or debts incurred by any member-
27 officer from a contingent expense account to which he is
28 entitled and all disbursements made or debts incurred by any
29 member who is authorized to requisition advance moneys from or
30 to disburse moneys or incur debts from such advancement or from
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1 any appropriation account made to the House under a General
2 Appropriation Act shall be recorded monthly by such officer or
3 member on a prescribed form and the same filed monthly with the
4 Chief Clerk.
5 ALL DISBURSEMENTS MADE, DEBTS INCURRED OR ADVANCEMENTS PAID <--
6 FROM ANY APPROPRIATION ACCOUNT MADE TO THE HOUSE OR TO A MEMBER
7 OR NON MEMBER OFFICER UNDER A GENERAL APPROPRIATION ACT OR ANY
8 OTHER APPROPRIATION ACT SHALL BE RECORDED IN A MONTHLY REPORT
9 AND FILED WITH THE CHIEF CLERK BY THE PERSON AUTHORIZED TO MAKE
10 SUCH DISBURSEMENT, INCUR ANY DEBT OR RECEIVE ANY ADVANCEMENT ON
11 A FORM PRESCRIBED BY THE CHIEF CLERK.
12 The Chief Clerk shall prescribe the form of all such reports
13 and make such forms available to those officers or members <--
14 PERSONS required to file such reports. Such report form shall <--
15 include:
16 (1) The name and address of the person or entity to whom the <--
17 THE NAME, ADDRESS, JOB TITLE AND SHORT JOB DESCRIPTION OF THE <--
18 PERSON OR ENTITY TO WHOM THE money was paid and the amount
19 thereof. but in the case of payment of compensation or other <--
20 reimbursement to an employee of the House, the address will be
21 the place where the employee works and the county of residence
22 of the employee.
23 (2) A brief description or purpose for which the money was
24 paid and the amount thereof.
25 (3) The name of the officer or member PERSON who requested <--
26 or authorized that the money be paid.
27 (4) The appropriation account under which such disbursement
28 or debt was incurred.
29 (5) THE MEMBER, COMMITTEE OR ORGANIZATION TO WHOM THE PERSON <--
30 IS ASSIGNED.
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1 All monthly reports filed on disbursements made or debts
2 incurred by any officer or member OR EMPLOYEE from <--
3 appropriations made to the House under any General Appropriation
4 Act shall be public information and shall be available for
5 public inspection during regular business hours in the office of
6 the Chief Clerk. The Chief Clerk shall prescribe reasonable
7 rules and regulations for inspection of such reports BUT IN NO <--
8 CASE SHALL INSPECTION BE DENIED TO ANY PERSON FOR A PERIOD
9 EXCEEDING FORTY-EIGHT HOURS (EXCLUDING SATURDAYS AND SUNDAYS)
10 FROM THE TIME A WRITTEN REQUEST HAS BEEN SUBMITTED TO THE CHIEF
11 CLERK. Photocopies of such reports may SHALL be made available <--
12 upon request TO A MEMBER AT NO CHARGE OR to the public for a <--
13 duplication fee as may be fixed by the Chief Clerk. Such reports
14 shall be made available TO A MEMBER OR to the public on or <--
15 before the last day of the month next succeeding the month in
16 which the report was filed.
17 The Chief Clerk shall require that requests for <--
18 reimbursements out of appropriations under his control and
19 supervision shall be accompanied by a voucher, or other
20 documents where required, evidencing payment or approval. The
21 voucher form shall be approved and supplied by the Chief Clerk
22 and receipts or documentation of every expenditure or
23 disbursement which is in excess of the maximum amount to be
24 determined by the Rules Committee shall be attached to the
25 voucher.
26 ALL REQUESTS FOR REIMBURSEMENT OUT OF ANY APPROPRIATION SHALL <--
27 BE ACCOMPANIED BY A VOUCHER, OR OTHER DOCUMENTS WHERE REQUIRED,
28 EVIDENCING PAYMENT OR APPROVAL. THE VOUCHER FORM SHALL BE
29 APPROVED AND SUPPLIED BY THE CHIEF CLERK. RECEIPTS OR
30 DOCUMENTATION OF EVERY EXPENDITURE OR DISBURSEMENT WHICH IS IN
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1 EXCESS OF THE MAXIMUM AMOUNT AS SET FORTH HEREIN SHALL BE
2 ATTACHED TO THE VOUCHER. Where a request for payment is made in
3 advance of an expense actually incurred, the Chief Clerk, before
4 making such advance payment shall require a description
5 satisfactory to the Chief Clerk of the item or service to be
6 purchased or the expense to be incurred, and a receipt or other
7 documentation shall be given to the Chief Clerk after the item
8 or service has been purchased or expense incurred as evidence
9 that such advancement was in fact expended for such purpose.
10 All reports, vouchers and receipts from which reports are
11 prepared and filed shall be retained by the Chief Clerk, officer
12 or member, as the case may be, for such period of time as may be
13 necessary to enable the Legislative Audit Advisory Commission
14 created pursuant to the act of June 30, 1970 (P.L.442, No.151),
15 to conduct, through certified public accountants appointed by
16 it, annual audits to assure that such disbursements made or
17 debts incurred were in accordance with Legislative Audit
18 Advisory Commission guidelines and standards, OR FOR A MINIMUM <--
19 OF THREE YEARS WHICHEVER IS LONGER. ALL ANNUAL AUDIT REPORTS
20 SHALL BE AVAILABLE FOR PUBLIC INSPECTION. PHOTO COPIES OF SUCH
21 REPORTS SHALL BE AVAILABLE FOR A FEE ESTABLISHED BY THE CHIEF
22 CLERK NOT TO EXCEED THE COST OF DUPLICATION.
23 RULE 15
24 Time of Meeting
25 The House shall convene on the first legislative day of the
26 week at 1:00 P.M. prevailing time, and adjourn not later than
27 11:00 P.M. prevailing time, unless otherwise ordered by a roll
28 call vote of the majority of those elected to the House.
29 On other days the House shall convene at the discretion of
30 the House and adjourn not later than 11:00 P.M. prevailing time
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1 unless otherwise ordered by a roll call vote of the majority of
2 those elected to the House.
3 RULE 16
4 Quorum
5 A majority of the members shall constitute a quorum, but a
6 smaller number may adjourn from day to day and compel the
7 attendance of absent members. (Constitution, Article II, Section
8 10).
9 When less than a quorum vote on any question, the Speaker
10 shall forthwith order the doors of the House closed and the
11 names of the members present shall be recorded. If it is
12 ascertained a quorum is present, either by answering to their
13 names or by their presence in the House, the Speaker shall again
14 order the yeas and nays. If any member present refuses to vote,
15 his refusal shall be deemed a contempt. Unless purged, the House
16 may order the Sergeant-at-Arms to remove the member or members
17 without the bar of the House. All privileges of membership shall
18 be refused the member or members so offending until the contempt
19 is purged.
20 RULE 17
21 Order of Business
22 The daily order of business shall be:
23 1. Prayer by the Chaplain.
24 2. Correction and approval of the Journal.
25 3. Leaves of Absence.
26 4. Master Roll Call.
27 5. Reports of Committee.
28 6. First consideration bills.
29 7. Second consideration bills.
30 8. Final passage bills recalled from the Governor.
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1 9. Final passage bills (bills on final passage postponed
2 calendar may be called up under this order of business).
3 10. Third consideration bills (bills on third consideration
4 postponed calendar may be called up under this order of
5 business).
6 11. Resolutions (House and concurrent).
7 12. Messages from the Senate and communications from the
8 Governor.
9 13. Reference to appropriate committees of bills,
10 resolutions, petitions, memorials, remonstrances and
11 other papers.
12 14. Unfinished business on the Speaker's table.
13 15. Announcements.
14 16. Adjournment.
15 Any question may, by a majority vote of the House, be made a
16 special order of business. When the time arrives for its
17 consideration, the Speaker shall lay the special order of
18 business before the House.
19 RULE 18
20 Introduction and Printing of Bills
21 Bills shall be introduced in quadruplicate, signed and dated
22 by each member who is a sponsor of the bill, and filed with the
23 Chief Clerk. A sponsor may not be added or withdrawn after a
24 bill has been printed.
25 Bills introduced when received at the Chief Clerk's desk
26 shall be numbered consecutively and delivered to the Speaker,
27 who shall refer each bill to an appropriate committee. The
28 Speaker shall report to the House the committees to which bills
29 have been referred, either on the day introduced or received or
30 on the next two legislative days the House is in session.
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1 If the Speaker neglects or refuses to refer to committee any
2 bill or bills (whether House or Senate) as above after
3 introduction or presentation by the Senate for concurrence, any
4 member may move for the reference of the bill to an appropriate
5 committee. If the motion is carried, said bill or bills shall be
6 immediately surrendered by the Speaker to the committee
7 designated in said motion.
8 The first copy of each bill introduced shall be for the
9 committee, the second copy shall be for the printer, the third
10 copy shall be for the news media and the fourth copy shall be
11 for the Legislative Reference Bureau.
12 Every bill, after introduction and reference to committee,
13 shall be printed.
14 Bills may not be withdrawn after reference to committee.
15 RULE 19
16 Bills Referred to Committees
17 No bill shall be considered unless referred to a committee,
18 printed for the use of the members and returned therefrom.
19 (Constitution, Article III, Section 2).
20 RULE 19 (a)
21 Fiscal Notes
22 (1) No bill, except a General Appropriation bill or any
23 amendments thereto, which may require an expenditure of
24 Commonwealth funds or funds of any political subdivision or
25 which may entail a loss of revenues SHALL BE REPORTED FROM <--
26 COMMITTEE UNTIL THE COMMITTEE CHAIRMAN OR PRIME SPONSOR HAS
27 REQUESTED A FISCAL NOTE FROM THE APPROPRIATIONS COMMITTEE, AND
28 THE FISCAL NOTE HAS BEEN ATTACHED THERETO WHICH SHALL BE
29 PROVIDED BY THE APPROPRIATIONS COMMITTEE AND NO BILL SO REPORTED
30 shall be given second consideration reading on the calendar
19770H0053R0806 - 16 -
1 until it has first been referred to the Appropriations
2 Committee. The Appropriations Committee shall be limited in its
3 consideration of any such bill to the fiscal aspects of the bill
4 and shall not consider the substantive merits of the bill nor
5 refuse to report any such bill from committee for reasons other
6 than fiscal aspects. The fiscal note shall accompany the bill
7 and provide the following information IN CONNECTION WITH THE <--
8 COMMONWEALTH AND ITS POLITICAL SUBDIVISIONS:
9 (a) The designation of the fund out of which the
10 appropriation providing for expenditures under the bill shall be
11 made;
12 (b) The probable cost of the bill for the fiscal year of its
13 enactment;
14 (c) A projected cost estimate of the program for each of the
15 five succeeding fiscal years;
16 (d) The fiscal history of the program for which expenditures
17 are to be made;
18 (e) The probable loss of revenue from the bill for the
19 fiscal year of its enactment;
20 (f) A projected loss of revenue estimate from the bill for
21 each of the five succeeding fiscal years; and
22 (g) The line item, if any, of the General Appropriation Bill
23 out of which expenditures or losses of Commonwealth funds shall
24 occur as a result of the bill;
25 (h) The recommendation, if any, of the Appropriations
26 Committee and the reasons therefor relative to the passage or
27 defeat of the bill;
28 (i) A reference to the source of the data from which the
29 foregoing fiscal information was obtained, and an explanation of
30 the basis upon which it is computed.
19770H0053R0806 - 17 -
1 (2) NO BILL WHICH MAY RESULT IN AN INCREASE IN THE <--
2 EXPENDITURE OF COMMONWEALTH FUNDS SHALL BE GIVEN SECOND
3 CONSIDERATION READING ON THE CALENDAR UNTIL THE APPROPRIATIONS
4 COMMITTEE HAS CERTIFIED THAT PROVISION HAS BEEN MADE TO
5 APPROPRIATE FUNDS EQUAL TO SUCH INCREASED EXPENDITURE. WHENEVER
6 THE APPROPRIATIONS COMMITTEE CANNOT SO CERTIFY, THE BILL SHALL
7 BE RETURNED TO THE COMMITTEE FROM WHICH IT WAS LAST REPORTED FOR
8 FURTHER CONSIDERATION AND/OR AMENDMENT.
9 (2) (3) No amendment to a bill, CONCURRENCES IN SENATE <--
10 AMENDMENTS, OR ADOPTION OF A CONFERENCE REPORT which may result
11 in an increase in the expenditure of Commonwealth funds OR THOSE <--
12 OF A POLITICAL SUBDIVISION or which may entail a loss of
13 revenues in addition to that originally provided for in the bill
14 prior to the proposed amendment CHANGES shall be voted upon <--
15 until the day following the distribution of a fiscal note to the
16 members with respect to such amendment CHANGES showing the <--
17 fiscal effect of the amendment CHANGES with respect to the bill, <--
18 and containing the information set forth by clause (1) of this
19 rule.
20 (3) (4) In obtaining the information required by these <--
21 rules, the Appropriations Committee may utilize the services of
22 the Budget Bureau and any other State agency as may be
23 necessary.
24 (5) ANY BILL PROPOSING ANY CHANGE RELATIVE TO THE RETIREMENT <--
25 SYSTEM OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION THEREOF,
26 FUNDED IN WHOLE OR IN PART OUT OF THE PUBLIC FUNDS OF THE
27 COMMONWEALTH OR ANY POLITICAL SUBDIVISION, SHALL HAVE ATTACHED
28 TO IT AN ACTUARIAL NOTE. EXCEPT FOR THE PROVISIONS PERTAINING TO
29 THE CONTENT OF FISCAL NOTES AS SET FORTH IN PARAGRAPHS (A)
30 THROUGH (I) OF SUBSECTION (1), ALL THE PROVISIONS PERTAINING TO
19770H0053R0806 - 18 -
1 AND PROCEDURES REQUIRED OF BILLS CONTAINING FISCAL NOTES, SHALL,
2 WHERE APPLICABLE, ALSO BE REQUIRED FOR BILLS CONTAINING
3 ACTUARIAL NOTE. THE ACTUARIAL NOTE SHALL CONTAIN A BRIEF
4 EXPLANATORY STATEMENT OR NOTE WHICH SHALL INCLUDE A RELIABLE
5 ESTIMATE OF THE FINANCIAL AND ACTUARIAL EFFECT OF THE PROPOSED
6 CHANGE IN ANY SUCH RETIREMENT SYSTEM.
7 RULE 20
8 Bills Confined to One Subject
9 No bill shall be passed containing more than one subject,
10 which shall be clearly expressed in its title, except a general
11 appropriation bill or a bill codifying or compiling the law or a
12 part thereof. (Constitution, Article III, Section 3).
13 RULE 21
14 Consideration of Bills
15 Every bill and every joint resolution shall be considered on
16 three different days. All amendments made thereto shall be
17 printed for the use of the members before the final vote is
18 taken thereon, and before the final vote is taken, upon written
19 request addressed to the presiding officer by at least twenty-
20 five per cent of the members elected to the House, any bill
21 shall be read at length. No bill shall become law and no joint
22 resolution adopted unless, on its final passage, the vote is
23 taken by yeas and nays, the names of the persons voting for and
24 against it are entered on the Journal, and a majority of the
25 members elected to the House is recorded thereon as voting in
26 its favor. (Constitution, Article III, Section 4).
27 RULE 22
28 First Consideration Bills
29 Bills reported from committees shall be considered for the
30 first time when reported and shall then be automatically removed
19770H0053R0806 - 19 -
1 from the calendar and laid on the table, except House bills
2 reported from committees after the first Monday in June until
3 the first Monday in September which shall then be automatically
4 recommitted to the Committee on Rules.
5 After the first Monday in September, any bill which was
6 automatically recommitted to the Committee on Rules pursuant to
7 this Rule 22 shall automatically be re-reported to the floor of
8 the House and laid on the table.
9 The Rules Committee shall not in any instance have the power
10 to amend a bill that has already gone through another committee.
11 Any bill which was automatically laid on the table pursuant
12 to this Rule 22 and has remained on the table for fifteen
13 legislative days shall automatically be removed from the table
14 and returned to the calendar for second consideration the next
15 legislative day.
16 Any bill which was automatically laid on the table pursuant
17 to this Rule 22 may be removed from the table by motion of the
18 Majority Leader, or his designee, acting on a report of the
19 Committee on Rules. Such report shall be in writing and a copy
20 thereof distributed to each member. Any bill so removed from the
21 table shall be placed on the second consideration calendar on
22 the legislative day following such removal. Nothing herein shall
23 affect the right of any member to make a motion to remove a bill
24 from the table.
25 Amendments shall not be proposed, nor is any other motion in
26 order on first consideration.
27 Bills shall not be considered beyond first consideration
28 until the latest print thereof is on the desks of the members.
29 RULE 23
30 Second Consideration Bills
19770H0053R0806 - 20 -
1 Bills on second consideration shall be considered in their
2 calendar order and be subject to amendment.
3 No House bill on second consideration shall be considered
4 until called up by a member.
5 RULE 24
6 Third Consideration and Final Passage Bills
7 Bills on third consideration and final passage shall be
8 considered in their calendar order.
9 A bill on third consideration may be amended.
10 After a bill is agreed to on third consideration, the Speaker
11 shall state the question as follows:
12 "This bill has been considered on three
13 different days and agreed to and is now on final
14 passage."
15 "The question is, shall the bill pass finally?"
16 "Agreeable to the provision of the Constitution, the yeas
17 the yeas and nays will now be taken."
18 RULE 25
19 Defeated Bills
20 When a bill or resolution has been defeated by the House, it
21 shall not be reintroduced, or, except as provided in Rule 26, be
22 reconsidered, nor shall it be in order to consider a similar
23 one, or to act on a Senate bill or resolution of like import,
24 during the same session.
25 RULE 26
26 Reconsideration
27 A motion to reconsider the vote by which a bill, resolution
28 or other matter was passed or defeated shall be made in writing
29 by two members. The motion shall be in order only under the
30 order of business in which the vote proposed to be reconsidered
19770H0053R0806 - 21 -
1 occurred and shall be decided on a roll call vote by a majority
2 vote of the members elected to the House. No motion to <--
3 reconsider shall be in order when the bill, resolution or other
4 matter is no longer in the possession of or is not properly
5 before the House.
6 A motion to reconsider any such vote must be made on the same
7 day on which the initial vote was taken or within the succeeding
8 five days in which the House is in session, provided such bill,
9 resolution or other matter is still in the possession of or is
10 properly before the House.
11 When a motion to reconsider any such vote is made within the
12 aforesaid time limits and is decided by the affirmative vote
13 prescribed herein, the question immediately recurs on the bill,
14 resolution or other matter reconsidered.
15 Where a bill, resolution or other matter has been initially
16 defeated and a motion to reconsider is not timely made, then
17 such bill, resolution or other matter shall carry the status of
18 "defeated finally" and not properly before the House. Therefore,
19 it shall not be in order to entertain a motion to reconsider any
20 such vote.
21 Where a timely made motion to reconsider is lost, it shall
22 not be in order to again entertain a motion to reconsider any
23 such vote, even though such second motion to reconsider is
24 timely made.
25 Where a bill, resolution, or other matter has been initially
26 defeated, and a timely made motion to reconsider the vote is
27 lost, or if no motion to reconsider the vote was timely made,
28 then it shall not be in order for the House thereafter to
29 receive or consider a new bill, resolution or other matter
30 embracing therein a subject or purpose basically identical to or
19770H0053R0806 - 22 -
1 of similar import to the subject matter or purpose of the bill,
2 resolution or matter initially defeated.
3 The vote on a bill or resolution recalled from the Governor
4 may be reconsidered at any time after the bill or resolution has
5 been returned to the House.
6 RULE 27
7 Amendments
8 No bill shall be amended so as to change its original
9 purpose. (Constitution, Article III, Section 1).
10 No motion or proposition on a subject different from that
11 under consideration shall be admitted under color of amendment.
12 Any member may move to amend a bill or resolution, provided
13 the proposed amendment is germane to the subject. QUESTIONS <--
14 INVOLVING WHETHER AN AMENDMENT IS GERMANE TO THE SUBJECT SHALL
15 BE DECIDED BY THE HOUSE.
16 No amendment made on the floor of the House to a bill which <--
17 amends a code shall be considered germane nor be admitted unless
18 such amendment specifically relates to the exact subject of the
19 bill. The general subject matter of the existing code shall not
20 be construed to be such exact subject of the proposed bill.
21 No amendment to an amendment shall be admitted nor
22 considered.
23 The sponsor of the amendment shall explain the amendment
24 prior to consideration by the House.
25 Before consideration, eight typewritten copies of a proposed
26 amendment signed by its sponsor shall be presented to the
27 Speaker, one copy of which shall be delivered to the news media
28 and a printed copy in typewritten form prepared by the
29 Legislative Reference Bureau shall be placed on the desk of each
30 member.
19770H0053R0806 - 23 -
1 Amendments adopted or defeated may not be considered again
2 without first reconsidering the vote.
3 RULE 28
4 Bills Amending Existing Law
5 Bills amending existing law shall indicate present language
6 to be omitted by placing it within brackets and new language to
7 be inserted by underscoring. (Constitution, Article III, Section
8 6).
9 RULE 29
10 Form for Printing Amendments
11 In printing amendments to bills and resolutions, all new
12 matter added shall be in CAPITAL LETTERS, and matter to be
13 eliminated shall be indicated by strike-out type.
14 In reprinting House bills previously amended by the House and
15 in reprinting Senate bills previously amended by the Senate, but
16 not in Senate bills previously amended by the House, all matters
17 appearing in strike-out type shall be dropped from the new print
18 and all matter appearing in CAPITAL LETTERS shall be reset in
19 lower case Roman type.
20 RULE 30
21 House Bills Amended by the Senate
22 When a House bill or joint resolution has been amended by the
23 Senate and returned to the House for concurrence, it shall not
24 be considered until placed on the calendar and copies thereof
25 are on the desks of the members.
26 When acting on bills or joint resolutions amended by the
27 Senate, the amendments shall be read and the question put on the
28 concurrence in the amendments.
29 The House shall not consider any proposed amendment to any
30 amendment made by the Senate to a House bill or joint
19770H0053R0806 - 24 -
1 resolution.
2 A majority vote of the members elected to the House taken by
3 yeas and nays shall be required to concur in amendments made by
4 the Senate, except for appropriations to charitable and
5 educational institutions not under the absolute control of the
6 Commonwealth, where a vote of two-thirds of all the members
7 elected to the House shall be required to concur. (Constitution,
8 Article III, Sections 5 and 30).
9 RULE 31
10 Bills Vetoed by the Governor
11 When the Governor has returned a bill to the House with his
12 objections, the veto message shall be read and the House shall
13 proceed to reconsider it. (Constitution, Article IV, Section
14 15).
15 RULE 32
16 Hospital and Home Appropriations or
17 Acquiring Lands of the Commonwealth
18 No bills appropriating moneys to State-aided hospitals or
19 State-aided homes shall be introduced in the House, except such
20 as appropriate in single bills the total sum to be appropriated
21 to all of the institutions within the same class or group.
22 Requests for appropriations for particular State-aided hospitals
23 or State-aided homes shall be filed with the Chairman of the
24 Committee on Appropriations on forms to be furnished by the said
25 Committee on Appropriations, and shall be signed by the member
26 requesting the appropriation.
27 No bill granting or conveying Commonwealth lands or taking
28 title thereto shall be reported by any Committee to the House
29 unless there has been filed with the Chief Clerk and the
30 Chairman of the reporting committee a memorandum from the
19770H0053R0806 - 25 -
1 Department of General Services indicating the use to which the
2 property is presently employed, the full consideration for the
3 transfer, if any, a departmental appraisal of the property,
4 including its valuation and a list of recorded liens and
5 encumbrances, if any, the use to which the property will be
6 employed upon its transfer, the date by which the land is needed
7 for its new use, and the legislative district or districts in
8 which the land is located. The memorandum shall contain a
9 statement by a responsible person in the Department of General
10 Services indicating whether or not the administration favors the
11 transfer which is the subject of the bill under consideration.
12 RULE 33
13 Special Legislation
14 No local or special bill shall be passed by the House unless
15 notice of the intention to apply therefor has been published in
16 the locality where the matter or the thing to be affected may be
17 situated, which notice shall be at least thirty days prior to
18 the introduction into the General Assembly of such bill and in
19 the manner provided by law; the evidence of such notice having
20 been published shall be exhibited in the General Assembly before
21 the act shall be passed. (Constitution, Article III, Section 7).
22 No local or special bill shall be considered in violation of
23 Article III, Section 32, of the Constitution.
24 RULE 34
25 Non-Preferred Appropriations
26 No bill shall be passed appropriating money to any charitable
27 or educational institution not under absolute control of the
28 Commonwealth, except by a vote of two-thirds of all members
29 elected. (Constitution, Article III, Section 17).
30 RULE 35
19770H0053R0806 - 26 -
1 House and Concurrent Resolutions
2 Members introducing resolutions other than concurrent
3 resolutions shall file five copies thereof; seven copies of
4 concurrent resolutions shall be filed. All resolutions shall be
5 signed by their sponsors, dated and filed with the Chief Clerk.
6 After being numbered, one copy of all resolutions shall be given
7 to the news media and all other copies delivered to the Speaker.
8 A sponsor may not be added or withdrawn after a resolution has
9 been printed. Resolutions may not be withdrawn after reference
10 to a committee.
11 Unless privileged under Rule 36 for immediate consideration,
12 the Speaker shall refer House resolutions (except Discharge
13 Resolutions) and Senate resolutions presented to the House for
14 concurrence to appropriate committees.
15 The Speaker shall report to the House the committees to which
16 resolutions have been referred, either on the day introduced or
17 received or the next two legislative days the House is in
18 session.
19 A resolution introduced in the House and referred to
20 committee shall be printed and placed in the House files.
21 When a resolution (House or Senate) is reported from
22 committee, it shall be placed on the calendar and may be called
23 up by a member for consideration by the House under the order of
24 business of resolutions.
25 RULE 36
26 Privileged Resolutions
27 Resolutions privileged for the immediate consideration of the
28 House are those:
29 a. Recalling from or returning bills to the Governor
30 b. Recalling from or returning bills to the Senate
19770H0053R0806 - 27 -
1 c. Originated by the Committee on Rules
2 d. Providing for a Joint Session of the Senate and House and
3 its procedure
4 e. Placing bills negatived by committees on the calendar
5 f. Adjournment or recess
6 RULE 37
7 Legislative Citation
8 A member making a request that a Legislative Citation be
9 issued to a particular person or on a specified occasion shall
10 provide the Legislative Reference Bureau with the facts
11 necessary for the preparation of the Citation on a suitable
12 form.
13 The Citation request shall be filed with the Chief Clerk and
14 automatically referred to the Speaker who may approve and sign
15 such citation on behalf of the House of Representatives.
16 One original Citation shall be issued by the Chief Clerk.
17 RULE 38
18 Sine Die and Final Introduction of Bills
19 Resolutions fixing the time for adjournment of the General
20 Assembly sine die and the last day for introduction of bills in
21 the House shall be referred to the Committee on Rules before
22 consideration by the House.
23 RULE 39
24 Petitions, Remonstrances and Memorials
25 Petitions, remonstrances, memorials and other papers
26 presented by a member shall be signed, dated and filed with the
27 Chief Clerk to be by him handed to the Speaker for reference to
28 appropriate committees.
29 The Speaker shall report to the House the committees to which
30 petitions, remonstrances, memorials and other papers have been
19770H0053R0806 - 28 -
1 referred, not later than the next day the House is in session
2 following the day of filing.
3 RULE 40
4 Messages
5 Messages from the Senate and communications from the Governor
6 shall be received and read in the House within one legislative
7 day thereafter.
8 All House and Senate bills shall be delivered to the Senate
9 with appropriate messages no later than the close of the next
10 legislative day of the Senate which follows the fifth
11 legislative day after which the House acted on such bill.
12 All House bills returned by the Senate after final passage
13 therein without amendment, and all conference committee reports
14 on House bills received from the Senate and adopted by the
15 House, shall be signed by the Speaker within one legislative day
16 after receipt or adoption, respectively, and shall be delivered
17 to the Senate before the close of the next legislative day of
18 the Senate.
19 All House bills and all conference committee reports on House
20 bills signed by the Speaker shall be delivered to the Governor
21 within twenty-four hours after return from the Senate with the
22 signature of the appropriate Senate officer.
23 RULE 41
24 Kind and Rank of Committee
25 The Committees of the House shall be of four kinds and rank
26 in the order named:
27 Committee of the Whole House
28 Standing Committees
29 Select Committees
30 Conference Committees
19770H0053R0806 - 29 -
1 RULE 42
2 Committee of the Whole
3 The House may resolve itself into a Committee of the Whole at
4 any time on the motion of a member adopted by a majority vote of
5 the House.
6 In forming the Committee of the Whole, the Speaker shall
7 leave the chair, after appointing a Chairman to preside.
8 The rules of the House shall be observed in the Committee of
9 the Whole as far as applicable, except that a member may speak
10 more than once on the same question.
11 A motion to adjourn, to lay on the table, or for the previous
12 question cannot be put in the Committee of the Whole; but a
13 motion to limit or close debate is permissible.
14 A motion that the Committee of the Whole "do now rise and
15 report back to the House," shall always be in order, and shall
16 be decided without debate.
17 Amendments made in the Committee of the Whole shall not be
18 read when the Speaker resumes the Chair, unless so ordered by
19 the House.
20 RULE 43
21 Standing Committees and Sub-Committees
22 The Committee on Committees shall consist of the Speaker and
23 fifteen members of the House, ten of whom shall be members of
24 the Majority Party and five of whom shall be members of the
25 Minority Party, whose duty shall be to recommend to the House
26 the names of members who are to serve on the Standing Committees
27 of the House.
28 The Speaker shall appoint the Chairman and Vice-Chairman of
29 each Standing Committee when such Standing Committee has no
30 Standing Sub-committees as prescribed herein; when the Standing
19770H0053R0806 - 30 -
1 Committee has Standing Sub-Committees, the Speaker shall appoint
2 a Sub-committee Chairman for each Standing Sub-committee. The
3 Speaker shall appoint a secretary for each Standing Committee.
4 The Minority Leader shall appoint the Minority Chairman and
5 Minority Vice-Chairman of each Standing Committee and the
6 Minority Sub-Committee Chairman for each Standing Sub-Committee.
7 The Speaker of the House, Floor Leader of the Majority Party
8 and the Floor Leader of the Minority Party shall be ex-officio
9 members of all Standing Committees, without the right to vote
10 and they shall be excluded from any limitation as to the number
11 of members on the Committees or in counting a quorum.
12 Twenty-one Standing Committees of the House, each to consist
13 of twenty-three members except the Committee on Appropriations,
14 which shall consist of twenty-nine THIRTY-ONE members, are <--
15 hereby created. In addition, there is hereby created twenty- <--
16 eight TWENTY-TWO Standing Sub-Committees. <--
17 All Standing Committees shall consist of fourteen members of
18 the Majority Party and nine members of the Minority Party,
19 except the Committee on Appropriations which shall consist of
20 nineteen TWENTY members of the Majority Party and ten ELEVEN <--
21 members of the Minority Party. The quorum for each of the
22 Standing Committees and Sub-committees shall be no less than the
23 majority of said Committees. The following are the Standing
24 Committees and Sub-committees thereof:
25 1. Agriculture AND RURAL AFFAIRS <--
26 2. Appropriations
27 a. Sub-committee on Health and Welfare
28 b. Sub-committee on Education
29 c. Sub-committee on Capital Budget
30 3. Business and Commerce
19770H0053R0806 - 31 -
1 a. Sub-committee on Banking and Savings and Loan
2 Associations
3 b. Sub-committee on Housing
4 c. Sub-committee on Industrial Development, Recreation
5 and Tourism
6 4. Conservation
7 5. Consumer Affairs
8 a. Sub-committee on Public Utilities
9 6. Education
10 a. Sub-committee on Basic Education
11 b. Sub-committee on Higher Education
12 7. Federal-State Relations
13 8. Finance
14 9. Game and Fisheries
15 10. Health and Welfare
16 a. Sub-committee on Health
17 b. Sub-committee on Welfare
18 c. Sub-committee on Youth and Aging
19 11. Insurance
20 12. Judiciary
21 a. Sub-committee on Crime and Corrections
22 b. Sub-committee on Courts
23 13. Labor Relations
24 14. Liquor Control
25 15. Local Government
26 a. Sub-committee on Boroughs
27 b. Sub-committee on Counties
28 c. Sub-committee on Townships
29 16. Mines and Energy Management
30 17. Professional Licensure
19770H0053R0806 - 32 -
1 18. State Government
2 19. Transportation
3 a. Sub-committee on Highways
4 b. Sub-committee on Public Transportation
5 c. Sub-committee on Transportation Safety
6 20. Urban Affairs
7 a. Sub-committee on Cities, Counties - First Class
8 b. Sub-committee on Cities, Counties - Second Class
9 21. MILITARY AND Veterans Affairs <--
10 RULE 44
11 Organization of Standing Committees and Sub-Committees
12 The membership of each Standing Committee shall first meet
13 upon the call of its Chairman and perfect its organization. A
14 majority of the members to which each Standing Committee is
15 entitled shall constitute a quorum for it to proceed to
16 business. Each Standing Committee shall have the power to
17 promulgate rules not inconsistent with these rules which may be
18 necessary for the orderly conduct of its business.
19 Where a Standing Committee has Standing Sub-Committees as
20 prescribed by Rule 43, the membership on such Standing Sub-
21 Committees shall be appointed by the Committee on Committees
22 after consultation with each Chairman of a Standing Committee of
23 which the Standing Sub-Committee is a part. Each Standing Sub-
24 Committee shall consist of the Chairman of its parent Standing
25 Committee, as an ex-officio member, the Chairman of the Standing
26 Sub-Committee, and five other members from the parent Standing
27 Committee to be appointed by the Committee on Committees three
28 from among the majority party after consultation with the
29 Majority Leader, and two from among the minority party after
30 consultation with the Minority Leader. Where it is deemed
19770H0053R0806 - 33 -
1 advisable that the membership of any Standing Sub-Committee be
2 of greater number than that prescribed herein, the Committee on
3 Committees may appoint additional members of the Standing
4 Committee from the majority or minority party to serve on such
5 Standing Sub-Committee. The number of additional members
6 selected should be such as to maintain, as far as is
7 practicable, a ratio in majority and minority party membership
8 which affords a fair and reasonable representation to the
9 minority party on the Standing Sub-committee.
10 The Chairman and the Minority Chairman of each Standing
11 Committee shall be ex-officio members of each Standing Sub-
12 committee which is part of the parent Standing Committee, with
13 the right to attend Standing Sub-committee meetings and vote on
14 any matter before such Standing Sub-committee.
15 A majority of the members of each Standing Sub-committee
16 shall constitute a quorum for the proper conduct of its
17 business. Each Standing Sub-committee may promulgate such rules
18 necessary for the conduct of its business which are not
19 inconsistent with the rules of its parent Standing Committee or
20 the Rules of the House.
21 When the chairman of a Standing Committee has referred a
22 bill, resolution or other matter to a Standing Sub-committee,
23 the power and control over such bill, resolution or other matter
24 shall then reside in such Sub-committee for a reasonable period
25 of time thereafter in order that such Sub-committee may consider
26 the bill, resolution or other matter and return the same to its
27 Standing Committee with its recommendations as to the action
28 which ought to be taken on such bill, resolution or other
29 matter.
30 Each Standing Sub-committee, within a reasonable time after
19770H0053R0806 - 34 -
1 it has received a bill, resolution or other matter, shall meet
2 as a committee for the purpose of considering the same and
3 returning the bill, resolution or other matter back to its
4 parent Standing Committee with a Sub-committee report as to what
5 action it recommends. The report of the Sub-committee on a bill,
6 resolution or other matter being returned to the Standing
7 Committee shall contain one of the following recommendations:
8 a. That the bill, resolution or other matter in its
9 present form be reported to the House,
10 b. that the bill, resolution, or other matter not be
11 reported to the House,
12 c. that the bill, resolution or other matter be reported
13 to the House, with recommendations for amendments,
14 d. that the bill, resolution or other matter is returned
15 without recommendations.
16 When a Standing Committee receives reports from its Sub-
17 committees, it shall consider the same and by majority vote of
18 the members of the Standing Committee either approve or
19 disapprove such report. If disapproved, the Standing Committee
20 may then determine by a majority vote of its members what
21 further action, if any, should be taken on such bill, resolution
22 or other matter.
23 Where no action has been taken by a Standing Sub-committee on
24 a bill, resolution or other matter referred to it, and the
25 chairman of the Standing Committee considers that such Sub-
26 committee has had reasonable time to consider the bill,
27 resolution or other matter and return the same to its parent
28 Standing Committee. The Sub-committee Chairman shall then
29 forthwith surrender and forward the same, together with all
30 documents or papers pertaining thereto, to the Standing
19770H0053R0806 - 35 -
1 Committee.
2 In the event that a Chairman of a Standing Committee is
3 absent, the following rules shall apply:
4 1. If such Standing Committee has no Sub-committee
5 prescribed by Rule 44, the Vice-Chairman of the Standing
6 Committee shall act as Chairman of the Committee meetings;
7 2. If such Standing Committee has only one Sub-Committee,
8 the Sub-committee Chairman shall act as Chairman of the Standing
9 Committee; and
10 3. If the Standing Committee has more than one Sub-
11 committee, the Sub-committee Chairman with the longest
12 consecutive legislative service shall act as Chairman of the
13 Standing Committee, except where the Sub-committee Chairmen have
14 equal legislative service, in which case the Speaker of the
15 House shall designate one of the Sub-committee Chairmen to act
16 as Chairman of the Standing Committee.
17 In case of absence of a Sub-committee Chairman, the Chairman
18 of the appropriate standing Committee shall designate one member
19 from either the Standing Committee or Sub-committee to act as
20 Chairman of the Sub-committee.
21 RULE 45
22 Powers and Duties of Standing Committees
23 and Sub-Committees
24 The Chairman of each Standing Committee and Sub-committee
25 shall fix regular weekly, biweekly or monthly meeting days for
26 the transaction of business before the Committee or Sub-
27 committee. The Chairman of the Committee or Sub-committee shall
28 notify all members, at least twenty-four hours in advance of the
29 date, time and place of regular meetings, and, insofar as
30 possible, the subjects on the agenda. In addition to regular
19770H0053R0806 - 36 -
1 meetings, special meetings may be called from time to time by
2 the Chairman of the Committee or Sub-committee as they deem
3 necessary. No committee shall meet during any session of the
4 House without first obtaining permission of the Speaker. During
5 any such meeting, no vote shall be taken on the Floor of the
6 House on any amendment, recommittal motion, final passage of any
7 bill, or any other matter requiring a roll call vote. Any
8 Committee meeting called off the Floor of the House shall meet
9 in a committee room. In addition to the specific provisions of
10 this Rule 45, all provisions of the act of July 19, 1974
11 (P.L.486, No.175) relative to notice of meetings shall be
12 complied with.
13 At regularly scheduled meetings, or upon the call of the
14 Chairman, or Sub-Committee Chairman, for special meetings, the
15 membership of such Committees shall meet to consider any bill,
16 resolution, or other matter on the agenda. The Secretary of each
17 Standing Committee, or in case of Sub-Committees a secretary
18 designated by the Sub-Committee Chairman, shall record: (1) the
19 minutes of the meeting, (2) all votes taken, and (3) a roll or
20 attendance of members at Standing Committee or Sub-Committee
21 meetings showing the names of those present, absent or excused
22 from attendance; such records shall be open to public
23 inspection. On the first legislative day of each week the House
24 is in session, the Chairman of each Standing Committee shall
25 submit to the Chief Clerk for inclusion in the House Journal the
26 roll or record of attendance of members at Standing Committee or
27 Sub-committee meetings held prior thereto and not yet reported,
28 along with the record of all votes taken at such meetings. All
29 meetings at which formal action is taken by a Standing Committee
30 or Sub-Committee shall be open to the public, making such
19770H0053R0806 - 37 -
1 reports as are required under Rule 44. When any member, except
2 for an excused absence, fails to attend five consecutive regular
3 meetings of his committee, the Chairman of that Committee or
4 Sub-Committee shall notify him of that fact and, if the member
5 in question fails to reasonably justify his absences to the
6 satisfaction of a majority of the membership of the Standing
7 Committee of which he is a member, his membership on the
8 Committee or Sub-Committee shall be deemed vacant and the
9 Chairman of the Standing Committee shall notify the Speaker of
10 the House to that effect. Such vacancy shall then be filled in
11 the manner prescribed by these rules.
12 Whenever the Chairman of any Standing Committee shall refuse
13 to call a regular meeting, then a majority of the members of the
14 Standing Committee may vote to call a meeting by giving two days
15 written notice to the Speaker of the House, setting the time and
16 place for such meeting. Such notice shall be read in the House
17 and the same posted by the Chief Clerk in the House Chamber.
18 Thereafter, the meeting shall be held at the time and place
19 specified in the notice. In addition, all provisions of the act
20 of July 19, 1974 (P.L.486, No.175), relative to notice of
21 meetings shall be complied with.
22 Each Secretary of a Standing Committee and each Secretary of
23 a Standing Sub-Committee shall keep a record of the dispatch of
24 the bills, resolutions, committee reports and other matters
25 before it in an appropriate journal which shall be open to
26 public inspection.
27 Records, bills and other papers in the possession of
28 committees and sub-committees, upon final adjournment of the
29 House shall be filed with the Chief Clerk, to be kept by him for
30 a period of two years.
19770H0053R0806 - 38 -
1 No Committee report, except a report of the Appropriations
2 Committee, shall be recognized by the House, unless the same has
3 been acted upon by a majority vote of the members of a Standing
4 Committee present at a Committee session actually assembled and
5 meeting as a Committee, provided such majority vote numbers at
6 least ten members, and provided further a quorum is present. No
7 committee report of the Appropriations Committee shall be
8 recognized by the House, unless the same has been acted upon by
9 a majority vote of the members of such committee present at a
10 committee session actually assembled and meeting as a committee,
11 provided such majority vote numbers at least fourteen members,
12 and provided further a quorum is present. All reports of
13 Standing Committees shall be prepared in writing by the
14 Secretary of the Committee. Members of a Standing Committee may
15 prepare in writing and file a minority report, setting forth the
16 reasons for their dissent.
17 When the majority of the members of a Standing Committee
18 believe that a certain bill or resolution in the possession of
19 the Standing Committee should be considered and acted upon by
20 such Committee, they may request the Chairman to include the
21 same as part of the business of a committee meeting. Upon
22 failure of the Chairman to comply with such request, the
23 membership may require that such bill be considered by written
24 motion made and approved by a majority vote of the entire
25 membership to which such Committee is entitled.
26 Whenever the phrase "majority of members of a Standing
27 Committee or Sub-committee" is used in these rules, it shall
28 mean majority of the entire membership to which a Standing
29 Committee or Sub-committee is entitled, unless the context
30 thereof indicates a different intent.
19770H0053R0806 - 39 -
1 To assist the House in appraising the administration of the
2 laws and in developing such amendments or related legislation as
3 it may deem necessary, each Standing Committee or Sub-committee
4 of the House shall exercise continuous watchfulness of the
5 execution by the administrative agencies concerned of any laws,
6 the subject matter of which is within the jurisdiction of such
7 committee or sub-committee; and, for that purpose, shall study
8 all pertinent reports and data submitted to the House by the
9 agencies in the executive branch of the Government.
10 RULE 46
11 Committee on Rules
12 The Committee on Rules shall consist of the Speaker, the
13 Majority Leader, the Majority Whip, the Minority Leader, the
14 Minority Whip, six members of the majority party appointed by
15 the Speaker, and three members of the minority party appointed
16 by the Minority Leader. The Majority Leader shall be Chairman.
17 The Committee shall make recommendations designed to improve
18 and expedite the business and procedure of the House and its
19 committees, and to propose to the House any amendments to the
20 Rules deemed necessary. The Committee shall also do all things
21 necessary to fulfill any assignment or duty given to the
22 Committee by any resolution, or other rule of the House of
23 Representatives.
24 The Committee shall be privileged to report at any time.
25 RULE 47
26 Ethics Committee
27 As used in the context of this rule, the word "Committee"
28 shall mean the Committee on Ethics of the House of
29 Representatives, and the phrase "majority of the Committee:
30 shall mean a majority of the members to which the Committee is
19770H0053R0806 - 40 -
1 entitled:
2 The Committee shall consist of eight members: four of whom
3 shall be members of the Majority Party appointed by the Speaker,
4 and four of whom shall be members of the Minority Party
5 appointed by the Minority Leader. The Speaker shall appoint from
6 the members a Chairman, Vice Chairman and Secretary for the
7 Committee. The Chairman shall be a member of the majority party
8 and the Vice Chairman shall be a member of the minority party.
9 The Chairman shall notify all members of the Committee at
10 least twenty-four hours in advance of the date, time and place
11 of a regular meeting. Whenever the Chairman shall refuse to call
12 a regular meeting, a majority of the Committee may vote to call
13 a meeting by giving two days' written notice to the Speaker of
14 the House setting forth the time and place for such meeting.
15 Such notice shall be read in the House and posted in the House
16 Chamber by the Chief Clerk, or his designee. Thereafter, the
17 meeting shall be held at the time and place specified in such
18 notice.
19 The Committee shall conduct its investigations, hearings and
20 meetings relating to a specific investigation or a specific
21 member, officer or employee of the House in closed session and
22 the fact that such investigation is being conducted or to be
23 conducted or that hearings or such meetings are being held or
24 are to be held shall be confidential information unless the
25 person subject to investigation advises the Committee in writing
26 that he elects that such hearings shall be held publicly. In the
27 event of such an election, the Committee shall furnish such
28 person a public hearing. All other meetings of the Committee
29 shall be open to the public.
30 The Committee shall receive complaints against members,
19770H0053R0806 - 41 -
1 officers and employees of the House alleging illegal or
2 unethical conduct. Any such complaint must be in writing
3 verified by the person filing the complaint and must set forth
4 in detail the conduct in question and the section of the
5 "Legislative Code of Ethics" or House rule violated. The
6 Committee shall make a preliminary investigation of the
7 complaint, and if it is determined by a majority of the
8 Committee that a violation of the rule or law may have occurred,
9 the person against whom the complaint has been brought shall be
10 notified in writing and given a copy of the complaint. Within
11 fifteen days after receipt of the complaint, such person may
12 file a written answer thereto with the Committee. Upon receipt
13 of the answer, by vote of a majority of the Committee, the
14 Committee shall either dismiss the complaint within ten days or
15 proceed with a formal investigation, to include hearings, not
16 less than ten days nor more than thirty days after notice in
17 writing to the persons so charged. Failure of the person charged
18 to file an answer shall not be deemed to be an admission or
19 create an inference or presumption that the complaint is true,
20 and such failure to file an answer shall not prohibit a majority
21 of the Committee from either proceeding with a formal
22 investigation or dismissing the complaint.
23 A majority of the Committee may initiate a preliminary
24 investigation of the suspected violation of a Legislative Code
25 of Ethics or House rule by a member, officer or employee of the
26 House. If it is determined by a majority of the Committee that a
27 violation of a rule or law may have occurred, the person in
28 question shall be notified in writing of the conduct in question
29 and the section of the "Legislative Code of Ethics" or House
30 rule violated. Within fifteen days, such person may file a
19770H0053R0806 - 42 -
1 written answer thereto. Upon receipt of the answer, by vote of a
2 majority of the Committee, the Committee shall either dismiss
3 the charges within ten days or proceed with a formal
4 investigation, to include hearings, not less than ten days nor
5 more than thirty days after notice in writing to the person so
6 charged. Failure of the person charged to file an answer shall
7 not be deemed to be an admission or create an inference or
8 presumption that the charge is true, and such failure to file an
9 answer shall not prohibit a majority of the Committee from
10 either proceeding with a formal investigation or dismissing the
11 charge.
12 In the event that the Committee shall elect to proceed with a
13 formal investigation of the conduct of any member, officer or
14 employee of the House, the Committee shall employ independent
15 counsel who shall not be employed by the House for any other
16 purpose or in any other capacity during such investigation.
17 All constitutional rights of any person under investigation
18 shall be preserved, and such person shall be entitled to present
19 evidence, cross-examine witnesses, face his accuser, and be
20 represented by counsel.
21 The Chairman may continue any hearing for reasonable cause,
22 and upon the vote of a majority of the Committee or upon the
23 request of the person subject to investigation, the Chairman
24 shall issue subpoenas for the attendance and testimony of
25 witnesses and the production of documentary evidence relating to
26 any matter under formal investigation by the Committee. The
27 Committee may administer oaths or affirmations and examine and
28 receive evidence.
29 All testimony, documents, records, data, statements or
30 information received by the Committee in the course of any
19770H0053R0806 - 43 -
1 investigation shall be private and confidential except in the
2 case of public hearings or in a report to the House. No report
3 shall be made to the House unless a majority of the Committee
4 has made a finding of unethical or illegal conduct on the part
5 of the person under investigation. No finding of unethical or
6 illegal conduct shall be valid unless signed by at least a
7 majority of the Committee. Any such report may include a
8 minority report. No action shall be taken on any finding of
9 illegal or unethical conduct nor shall such finding or report
10 containing such finding be made public sooner than seven days
11 after a copy of the finding is sent by certified mail to the
12 member, officer or employee under investigation.
13 The Committee may meet with a Committee of the Senate to hold
14 investigations or hearings involving employees of the two houses
15 jointly or officers or employees of the Legislative Reference
16 Bureau, the Joint State Government Commission, Local Government
17 Commission, Legislative Budget and Finance Committee and the
18 Legislative Data Processing Committee; provided, however, that
19 no action may be taken at a joint meeting unless it is approved
20 by a majority of the Committee.
21 In the event that a member of the Committee shall be under
22 investigation, such member shall be temporarily replaced on the
23 Committee in a like manner as said member's original
24 appointment.
25 The Committee, whether or not at the request of a member,
26 officer or employee concerned about an ethical problem relating
27 to himself alone or in conjunction with others, may render
28 advisory opinions with regard to questions pertaining to
29 legislative ethics or decorum. Such advisory opinions, with such
30 deletions and changes as shall be necessary to protect the
19770H0053R0806 - 44 -
1 identity of the persons involved or seeking them, may be
2 published and shall be distributed to all the members of the
3 House.
4 Any member of the Committee breaching the confidentiality of
5 materials and events as set forth in this rule shall be removed
6 immediately from the Committee and replaced by another member of
7 the House in a like manner as said member's original
8 appointment.
9 The Committee may adopt rules of procedure for the orderly
10 conduct of its affairs, investigations, hearings and meetings,
11 which rules are not inconsistent with this rule.
12 The Committee shall continue to exist and have authority and
13 power to function after the sine die Adjournment of the General
14 Assembly and shall so continue until the expiration of the then
15 current term of office of the members of the Committee.
16 RULE 48
17 Conference Committee
18 All Committees of Conference shall be appointed by the
19 Speaker and shall be composed of three members, two of whom
20 shall be selected from the Majority Party and one from the
21 Minority Party.
22 The conferees shall confine themselves to the differences
23 which exist between the House and Senate.
24 The presentation of reports of Committees of Conference shall
25 be in order after having been signed by a majority of members of
26 the Committee of each House.
27 Consideration of a report of a Committee of Conference by the
28 House shall be in order when it has been printed, placed on the
29 desks of the members and listed on the calendar.
30 RULE 49
19770H0053R0806 - 45 -
1 Committee Action
2 Whenever a bill, resolution or other matter has been referred
3 by the Speaker of the House to a Standing Committee, and such
4 Committee has one or more Standing Sub-committees, the Chairman
5 of the Standing Committee may either refer it to an appropriate
6 Sub-committee or retain it for consideration by the entire
7 Standing Committee. If it is retained, such Standing Committee
8 shall have full power and control over such bill, resolution or
9 other matter, except that such Committee shall not change the
10 subject nor any amendments adopted by the House. Where the
11 Chairman of the Standing Committee refers such bill, resolution,
12 or matter to a Sub-committee, such Sub-committee, except as
13 hereinafter provided, shall have full power over the same.
14 The recommendations by a committee that a bill or resolution
15 be reported negatively shall not affect its consideration by the
16 House. The words "negative recommendation" shall be printed
17 conspicuously on a line above the title of this bill.
18 All Standing Sub-committees shall be subject to the will of
19 the majority of their parent Standing Committee and shall not
20 promulgate any rules or take any action inconsistent with the
21 rules of their parent Standing Committee or the Rules of the
22 House.
23 RULE 50
24 Public Hearings
25 Each Standing Committee, Sub-committee or select committee to
26 which a proposed bill, resolution or any matter is referred
27 shall have full power and authority to study said bill,
28 resolution or other matter before it, as such Committee, shall
29 determine is necessary to enable it to report properly to the
30 House thereon. To this end, a Standing Committee, Sub-committee,
19770H0053R0806 - 46 -
1 or select committee, may as hereinafter provided, conduct public
2 hearings. No Standing Committee, Sub-committee or select
3 committee shall hold any public hearings without prior approval
4 by a majority vote of the members of the Standing Committee and
5 the Speaker or the Majority Leader of the House. The Speaker or
6 the Majority Leader of the House shall withhold approval of
7 public hearings based only on budgetary consideration.
8 When a public hearing has been authorized as aforesaid, the
9 Chairman of the Standing Committee, Sub-committee Chairman, or
10 Select Committee Chairman as the case may be, shall instruct the
11 Chief Clerk to give written notice thereof to each House Member
12 not less than five calendar days before the proposed hearings
13 and post the same in or immediately adjacent to the House
14 Chambers. Such notice, which shall contain the day, hour and
15 place of the hearing and the number or numbers of bills or other
16 subject matter to be considered at such hearing, shall also be
17 given the supervisor of the news room, and to the news media. In
18 addition, all provisions of the act of July 19, 1974 (No.175),
19 relative to notice of meetings shall be complied with.
20 Public hearings held by a Standing Committee shall be chaired
21 by the Chairman of such Committee, unless absent, in which case
22 an acting Chairman shall be selected in the manner prescribed by
23 these rules to serve in his stead. Public hearings held by
24 Standing Sub-committees shall be chaired by the Sub-committee
25 Chairman thereof, but the Chairman of the parent Standing
26 Committee, as an ex-officio member of the Sub-committee, shall
27 have the right to attend and participate in the hearing
28 proceedings. In the absence of the Sub-committee Chairman, an
29 acting Chairman shall be appointed in the manner prescribed by
30 these rules.
19770H0053R0806 - 47 -
1 All public hearings shall be open to the public and
2 reasonable opportunity to be heard shall be afforded to all
3 interested parties who have requested an appearance before the
4 Committee. In addition, it shall be the responsibility of the
5 Committee in conducting its hearing to request the presentation
6 of testimony by any person who, in the opinion of the Committee,
7 is qualified to present pertinent and important testimony.
8 Such Committee shall, so far as practicable, request all
9 witnesses appearing before it to file written statements of
10 their proposed testimony. The Chairman shall have the right to
11 fix the order of appearance and the time to be allotted to
12 witnesses. Witnesses may submit brief pertinent statements in
13 writing for inclusion in the record. The Committee is the sole
14 judge of the pertinency of testimony and evidence adduced at its
15 hearings.
16 The Chairman, in presiding at such public hearings, shall
17 preserve order and decorum, in and adjacent to his committee
18 room while the hearing is being conducted and he shall have the
19 authority to direct the removal from the Committee room of any
20 person who fails to comply with order and decorum of the
21 Committee.
22 Proceedings of all public hearings shall be either
23 stenographically or electronically recorded. The Committee shall
24 determine which parts of such recorded proceedings, if any,
25 shall be transcribed. SUCH STENOGRAPHIC OR ELECTRONIC RECORDS <--
26 SHALL BE PRESERVED BY THE CHIEF CLERK DURING THE TERM FOR WHICH
27 THE MEMBERS WERE ELECTED AND THREE MONTHS THEREAFTER AND SHALL
28 BE MADE AVAILABLE TO ANY MEMBER UPON WRITTEN REQUEST FOR THE
29 PURPOSE OF TRANSCRIPTION AT THAT MEMBER'S EXPENSE. Any
30 transcribed records and any reports of the Committee shall be
19770H0053R0806 - 48 -
1 filed with the Chief Clerk or his designee and shall be made
2 available to any person in accordance with reasonable rules and
3 regulations prescribed by the Chief Clerk. Upon payment of a
4 reasonable cost to be determined by the Chief Clerk, a person
5 may obtain a copy of such transcribed records or reports.
6 The Chief Clerk shall not make payment of any expenses
7 incurred as a result of a public hearing without the prior
8 written approval of the Speaker or the Majority Leader of the
9 House.
10 RULE 51
11 Investigations
12 Any Standing Committee, Sub-committee or Select Committee,
13 upon resolution introduced and approved by majority vote of the
14 House, may be authorized and empowered to conduct hearings at
15 any place in the Commonwealth to investigate any matter provided
16 for in such resolution. When authorized by such a resolution,
17 such Committee shall be empowered to issue subpoenas under the
18 hand and seal of the Chairman thereof commanding any person to
19 appear before it and answer questions touching matters properly
20 being inquired into by the Committee and produce such books,
21 papers, records, accounts, reports, and documents as the
22 Committee deems necessary. Such subpoenas may be served upon any
23 person and shall have the force and effect of subpoenas issued
24 out of the courts of this Commonwealth. Where any person
25 willfully neglects or refuses to comply with any subpoena issued
26 by the Committee or refuses to testify before the Committee on
27 any matter regarding which he may be lawfully interrogated, it
28 shall be the duty of the Committee to report such disobedience
29 or refusal to the House of Representatives, and such person
30 shall be subject to the penalties provided by the laws of the
19770H0053R0806 - 49 -
1 Commonwealth in such cases. All such subpoenaed books, papers,
2 records, accounts, reports, and documents shall be returned to
3 the person from whom such material was subpoenaed when the
4 Committee has completed its examination of such material, but in
5 no event later than the date on which the Committee completes
6 its investigation. Such material, or any information derived
7 therefrom not a part of public sessions of the Committee, shall
8 not be turned over to any person or authority without the
9 consent of the person from whom such material was subpoenaed.
10 Each member of the Committee shall have power to administer
11 oaths and affirmations to witnesses appearing before the
12 Committee. The Sergeant-at-Arms of the Legislature or other
13 person designated by the Committee shall serve any subpoenas
14 issued by the Committee, when directed to do so by the
15 Committee. The subpoena shall be addressed to the witness, state
16 that such proceeding is before a Committee of the House at which
17 the witness is required to attend and testify at a time and
18 place certain and be signed by the Chairman of the Committee
19 commanding attendance of such witness. Mileage and witness fees
20 shall be paid to such witness in an amount prescribed by law.
21 The Chairman of the investigative hearing shall call the
22 Committee to order and announce in an opening statement the
23 subject or purposes of the investigation.
24 A copy of this rule shall be made available to the witnesses
25 at least three calendar days prior to his or her scheduled
26 testimony. Witnesses at investigative hearings, may be
27 accompanied by their own counsel for the purpose of advising
28 them concerning their constitutional rights. The Chairman, for
29 breaches of order or decorum or of professional ethics on the
30 part of counsel, may exclude him from the hearing. Counsel may
19770H0053R0806 - 50 -
1 interpose legal objection to any and all questions which in the
2 opinion of counsel may violate the civil or constitutional
3 rights of his clients.
4 If the Committee determines that evidence or testimony at an
5 investigative hearing may tend to defame, degrade or incriminate
6 any person, it shall:
7 a. receive such evidence or testimony in executive session;
8 b. afford such person an opportunity voluntarily to appear
9 as a witness; and
10 c. receive and dispose of requests from such person to
11 subpoena additional witnesses.
12 No evidence or testimony taken in executive session may be
13 released to any person or authority or used in public sessions
14 without the consent of the Committee.
15 Proceedings of all public hearing shall be either
16 stenographically or electronically recorded. The Committee shall
17 determine which parts of such recorded proceedings, if any,
18 shall be transcribed. SUCH STENOGRAPHIC OR ELECTRONIC RECORDS <--
19 SHALL BE PRESERVED BY THE CHIEF CLERK DURING THE TERM FOR WHICH
20 THE MEMBERS WERE ELECTED AND THREE MONTHS THEREAFTER AND SHALL
21 BE MADE AVAILABLE TO ANY MEMBER UPON WRITTEN REQUEST FOR THE
22 PURPOSE OF TRANSCRIPTION AT THAT MEMBER'S EXPENSE. Any
23 transcribed records and any reports of the Committee shall be
24 filed with the Chief Clerk or his designee and shall be made
25 available to any person in accordance with reasonable rules and
26 regulations prescribed by the Chief Clerk.
27 Upon payment of a reasonable cost to be determined by the
28 Chief Clerk, a person may obtain a copy of the transcript of any
29 testimony given at a public session or, if given at an executive
30 session when authorized by the Committee.
19770H0053R0806 - 51 -
1 RULE 52
2 Possession of Bills by Committee
3 When a committee has ordered that a bill, resolution or other
4 matter be reported to the House, the member to whom it is
5 assigned shall make the report thereof to the House either on
6 the same day or at the next meeting of the House.
7 Failure of a member to comply with this rule shall be
8 reported to the House by the committee, provided the official
9 copy of the bill, resolution or other matter has not been
10 obtained. Upon a motion agreed to by the House, a duplicate
11 certified copy of a House bill, House resolution or other House
12 matter shall be furnished to the committee by the Chief Clerk.
13 A committee or Sub-committee shall not consider a bill,
14 resolution or other matter which is not in its possession.
15 When a committee reports to the House that a House bill,
16 House Resolution or other House matter referred to it is lost,
17 upon a motion agreed to by the House, a duplicate certified copy
18 thereof shall be furnished by the Chief Clerk.
19 If the Senate bill, Senate resolution or other Senate matter
20 received from the Senate is lost, upon a motion agreed to by the
21 House, a request shall be made to the Senate to furnish the
22 House with a duplicate certified copy thereof.
23 If a bill, resolution or other matter is lost before it has
24 been referred to a committee, the fact shall be reported to the
25 House and the procedure provided by this rule shall be followed.
26 RULE 53
27 Discharge of Committees
28 A member may present to the Chief Clerk a resolution in
29 writing to discharge a committee from the consideration of a
30 bill or resolution which has been referred to it fifteen
19770H0053R0806 - 52 -
1 legislative days prior thereto (but only one motion may be
2 presented for each bill or resolution). The discharge resolution
3 shall be placed in the custody of the Chief Clerk, who shall
4 arrange some convenient place for the signature of the members.
5 A signature may be withdrawn by a member in writing at any time
6 before the discharge resolution is entered in the Journal. When
7 twenty-five members of the House shall have signed the
8 resolution, it shall be entered in the Journal and the title of
9 the bill or resolution and the name of the committee to be
10 discharged shall be printed on the calendar.
11 Any member who has signed a discharge resolution which has
12 been on the calendar at least one legislative day prior thereto
13 and seeks recognition, shall be recognized for the purpose of
14 calling up the discharge resolution and the House shall proceed
15 to its consideration without intervening motion except one
16 motion to adjourn; however, no discharge resolution shall be
17 considered during the last six legislative days of any session
18 of the House. A majority vote of all the members elected to the
19 House shall be required to agree to a resolution to discharge a
20 committee. When any perfected discharge resolution has been
21 acted upon by the House and defeated it shall not be in order to
22 entertain during the same session of the House any other
23 discharge resolution from that committee of said measure, or
24 from any other committee of any other bill or resolution
25 substantially the same, relating in substance to or dealing with
26 the same subject matter.
27 RULE 54
28 Presentation and Withdrawal of Motions
29 When a motion which is in order has been made, the Speaker
30 shall state it or (if it is in writing) cause it to be read by
19770H0053R0806 - 53 -
1 the Clerk. It shall then be in the possession of the House, but
2 it may be withdrawn by the maker at any time before decision or
3 amendment.
4 The Speaker shall put the question in the following form,
5 viz: "those in favor of the motion will say 'aye'." After the
6 affirmative is expressed, "those who are opposed will say 'no'."
7 All motions, except for the previous question and a motion
8 for reconsideration, may be made without a second.
9 No dilatory motion shall be entertained by the Speaker.
10 RULE 55
11 Privileged Motions
12 When a question is under debate or before the House, no
13 motion shall be received but the following, which shall take
14 precedence in the order named:
15 1. To adjourn, or recess
16 2. A call of the House
17 3. To lay on the table
18 4. For the previous question
19 5. To postpone
20 6. To commit or recommit
21 7. To amend
22 Debate on the motion to postpone shall be confined to the
23 question of the postponement and shall not include discussion of
24 the main question.
25 The motion to commit or recommit is open to debate only as to
26 the reasons for or against reference to committee and shall not
27 include a discussion of the merits of the main question.
28 Debate on the motion to amend shall be limited to the
29 amendment and shall not include the general merits of the main
30 question.
19770H0053R0806 - 54 -
1 RULE 56
2 Adjourn
3 A motion to adjourn or recess is not debatable, cannot be
4 amended and is always in order, except: (a) when another member
5 has the floor; (b) when the House is voting.
6 When a motion to adjourn is made, it shall be in order for
7 the Speaker, before putting the question, to permit the Majority
8 and Minority Leaders and/or one member designated by each of
9 them to state to the House any fact relating to the condition of
10 the business of the House which would seem to render it
11 inadvisable to adjourn. These statements shall be limited to two
12 minutes and shall not be debatable.
13 RULE 57
14 Call of the House
15 If a question of the absence of a quorum is raised by a
16 member, the Speaker shall order the Sergeant-at-Arms to close
17 the doors of the House. No member shall be permitted to leave
18 the House, except by permission of the House. The names of the
19 members present shall be recorded and absentees noted. Those for
20 whom no leave of absence has been granted or no sufficient
21 excuse is made may, by order of a majority of the members
22 present, be sent for and taken into custody by the Sergeant-at-
23 Arms and his assistants appointed for that purpose, and brought
24 before the bar of the House where, unless excused by a majority
25 of the members present, they shall be censured or punished for
26 neglect of duty as the House may direct.
27 Further proceedings under a call of the House may be
28 dispensed with at any time after the completion of the roll call
29 and the announcement of the result.
30 These proceedings shall be without debate, and no motion,
19770H0053R0806 - 55 -
1 except to adjourn, shall be in order.
2 RULE 58
3 Persons Admitted Under a Call of the House
4 Members who voluntarily appear during a call of the House
5 shall be admitted to the House. Upon recognition by the Speaker
6 they shall announce their presence and their names shall be
7 recorded on the roll.
8 Officers of the House, accredited correspondents and
9 employees designated by the Chief Clerk shall be admitted to the
10 House during a call.
11 Visitors shall not be admitted to the House after the doors
12 are closed and until the proceedings under the call are
13 terminated, but they shall be permitted to leave.
14 RULE 59
15 Lay on the Table
16 A motion to lay on the table is not debatable, is not subject
17 to amendment and carries with it the main question and all other
18 pending questions which adhere to it, except when an appeal is
19 laid on the table.
20 RULE 60
21 Motion to Take from the Table
22 A motion to take from the table a bill or other subject is in
23 order under the same order of business in which the matter was
24 laid on the table. It shall be decided without debate or
25 amendment.
26 RULE 61
27 Previous Question
28 A motion for the previous question, seconded by twenty
29 members and sustained by a majority of the members present,
30 shall put an end to all debate and bring the House to an
19770H0053R0806 - 56 -
1 immediate vote on the question then pending, or the questions on
2 which it has been ordered.
3 A motion for the previous question may be made to embrace any
4 or all pending amendments or motions and to include the passage
5 or rejection of a bill or resolution.
6 RULE 62
7 Call for Yeas and Nays--Reasons for Vote
8 The yeas and nays of the members on any question shall, at
9 the desire of any two of them, be entered on the Journal.
10 (Constitution, Article II, Section 12).
11 When the Speaker or any member is not satisfied with a voice
12 vote on a pending question, the Speaker may order a roll call
13 vote; or, upon request of two members, before the result of the
14 vote is announced, he shall order a roll call vote.
15 A member may submit a written explanation of his vote
16 immediately following the announcement of the result of the vote
17 and have it printed in the Journal.
18 RULE 63
19 Division of a Question
20 Any member may call for a division of a question by the
21 House, if it comprehends propositions so distinct and separate
22 that one being taken away, the other will stand as a complete
23 proposition for the decision of the House.
24 A motion to strike out and insert is indivisible, but a
25 motion to strike out being lost shall neither preclude amendment
26 nor a motion to strike out and insert.
27 RULE 64
28 Members Required to be Present and Vote
29 Every member shall be present within the Hall of the House
30 during its sittings, unless excused by the House or unavoidably
19770H0053R0806 - 57 -
1 prevented, and shall vote for or against each question put,
2 unless he has a direct personal or pecuniary interest in the
3 determination of the question, or unless he is excused by the
4 House.
5 No member shall be permitted to vote and have his vote
6 recorded on the roll unless he is present in the Hall of the
7 House during the roll call vote.
8 The Legislative Journal shall show the result of each roll
9 call by yeas and nays and those absent and not voting.
10 RULE 65
11 Member Having Private Interest
12 A member who has a personal or private interest in any
13 measure or bill proposed or pending before the House shall
14 disclose the fact to the House and shall not vote thereon.
15 (Constitution, Article III, Section 13).
16 RULE 66
17 Electric Roll Call
18 The names of the members shall be listed on the electric roll
19 call boards by party affiliation in alphabetical order, except
20 the name of the Speaker shall be last.
21 On any question requiring the "yeas" and "nays", the electric
22 roll call system shall be used. On all other questions to be
23 voted upon, the Speaker may, in his discretion, order the yeas
24 and nays taken by the electric roll call system or voice vote
25 or, upon demand of two members before the result of a vote has
26 been declared, the yeas and nays shall be taken by the electric
27 roll call system.
28 In the event the electric roll system is not in operating
29 order, the Speaker shall order all yea and nay votes be taken by
30 calling the roll, as provided in the Rules of the House.
19770H0053R0806 - 58 -
1 The vote of any member which has not been recorded because of
2 mechanical malfunction of the electric roll call system shall be
3 entered on the Journal, if said member was in the Hall of the
4 House at the time of the vote and did cast his vote at the
5 appropriate time, and the fact of such malfunction is reported
6 to the Speaker of the House prior to the announcement of the
7 result of the vote.
8 When the House is ready to vote upon any question requiring
9 the yeas and nays and the vote is to be taken by the electric
10 roll call system, the Speaker shall state: "The question
11 .............. .............. .............. (Designating the
12 matter to be voted upon.)" The Speaker shall then unlock the
13 voting machine and announce, "The members shall now proceed to
14 vote." Once the voting has begun, it shall not be interrupted,
15 except for the purpose of questioning the validity of a member's
16 vote before the result is announced.
17 When, in the judgment of the Speaker, reasonable time has
18 been allowed all members present in the House to vote (in no
19 event shall such time exceed ten minutes) he shall ask the
20 question: "Have all members present voted"? After a pause, the
21 Speaker shall lock the machine and instruct the Clerk to record
22 the vote, and the Speaker shall announce the result of the vote.
23 No member or other person shall be allowed at the Clerk's
24 desk while the yeas and nays are being recorded, or the vote
25 counted.
26 After the voting machine is locked, no member may change his
27 vote and the votes of tardy members will not be recorded.
28 The vote as electrically recorded on the roll of members
29 shall not in any manner be altered or changed by any person.
30 No member shall vote for another member, nor shall any person
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1 not a member vote for a member. Any member who shall vote or
2 attempt to vote for another member, or a person not a member who
3 shall vote or attempt to vote for a member, may be punished in
4 such manner as the House determines.
5 Any member or other person who willfully tampers with or
6 attempts to disarrange, deface, impair or destroy in any manner
7 whatsoever the electrical voting equipment used by the House, or
8 who instigates, aids or abets with the intent to destroy or
9 change the record of votes thereon shall be punished in such
10 manner as the House determines.
11 A member who has been appointed by the Speaker to preside as
12 Speaker Pro Tempore may designate either the Majority or
13 Minority Whip to cast his vote on any question while he is
14 presiding in accordance with his instructions from the Chair.
15 RULE 67
16 Verification and Challenge
17 Upon completion of a roll call and before the result is
18 announced, if there appears to be need for verification, the
19 Speaker may direct the Clerk to verify it, or three members may
20 demand a verification.
21 Any member may challenge in writing the yea or nay or
22 electrically recorded vote of other members. The allegations
23 made shall be investigated by a committee composed of the
24 Speaker, a majority member and a minority member appointed by
25 the Speaker, who shall submit a report to the House not later
26 than its next session. The House shall then decide whether the
27 challenged vote shall be recorded or not.
28 If the challenged vote would change the result, the
29 announcement of the vote shall be postponed until the House
30 decides the case.
19770H0053R0806 - 60 -
1 RULE 68
2 Changing Vote
3 No member may change his vote, or have his vote recorded
4 after the result of a roll call vote has been announced, nor
5 after an affirmative or negative roll has been declared
6 verified.
7 RULE 69
8 Journal
9 The Chief Clerk shall keep a Journal of the proceedings of
10 the House, which shall be printed and shall be made available to
11 the members.
12 The Journal of the proceedings of the last day's session
13 shall not be read unless so ordered by a majority vote of the
14 House.
15 RULE 70
16 History of House Bills
17 and House Resolutions
18 A weekly History, showing the title and action on House bills
19 and the text and action on non-privileged resolutions, shall be
20 compiled and indexed under the direction of the Chief Clerk and
21 shall be printed and placed on each member's desk.
22 The House History shall include a cumulative index of laws
23 enacted during the session and the text of vetoes by the
24 Governor.
25 RULE 71
26 House Calendar
27 Bills and non-privileged resolutions reported from committees
28 to the House with an affirmative recommendation shall be listed
29 on the calendar in such manner as prescribed by the Rules
30 Committee and any other rule of the House. House bills and House
19770H0053R0806 - 61 -
1 resolutions shall precede Senate bills and Senate resolutions.
2 Bills and non-privileged resolutions shall be listed on the
3 House Calendar for no more than fifteen consecutive legislative
4 days. At the end of the fifteenth consecutive legislative day
5 the said bill or non-privileged resolution shall be
6 automatically recommitted to the committee from which it was
7 reported to the floor of the House.
8 Any bill or non-privileged resolution on the calendar which
9 cannot, by its status, be recommitted shall be removed from the
10 calendar and laid on the table, unless the House shall otherwise
11 direct.
12 RULE 72
13 Journal, Transcribing and
14 Documents Rooms
15 No person, except members and employees of the House having
16 official business, shall be permitted in the Transcribing, the
17 Legislative Journal, and the Bills and Documents Rooms of the
18 House without the consent of the Chief Clerk.
19 RULE 73
20 Correspondents
21 Admission to and administration of the Press Galleries of the
22 Senate and House of Representatives shall be vested in a
23 Committee on Correspondents consisting of the President Pro
24 Tempore of the Senate, or his designee; the Speaker of the House
25 of Representatives, or his designee; the Supervisor of the
26 Capitol Newsroom; the President of the Pennsylvania Legislative
27 Correspondents' Association, or his designee and the Executive
28 Director of the Pennsylvania Association of Broadcasters, or his
29 designee.
30 Persons desiring admission to the press sections of the
19770H0053R0806 - 62 -
1 Senate and House of Representatives shall make application to
2 the Chairman of the Committee on Correspondents. Such
3 application shall state the newspaper, press association or
4 licensed radio or television station, its location, times of
5 publication or hours of broadcasting, and be signed by the
6 applicant.
7 The Committee on Correspondents shall verify the statements
8 made in such application, and, if the application is approved by
9 the Committee, shall issue a correspondent's card signed by the
10 members of the Committee.
11 The gallery assigned to newspaper correspondents or
12 recognized press association correspondents or representatives
13 of licensed radio and television stations, systems or
14 newsgathering agencies shall be for their exclusive use and
15 persons not holding correspondents cards shall not be entitled
16 to admission thereto. Employees of the General Assembly,
17 representatives and employees of state departments, boards,
18 commissions and agencies, visitors and members of the families
19 of correspondents entitled to admission to the press gallery
20 shall, at no time, be permitted to occupy the seats or be
21 entitled to the privileges of the press gallery.
22 Accredited representatives of newspapers, wire, newsreel
23 services and licensed radio or television stations, systems or
24 newsgathering agencies, may be authorized by the Speaker of the
25 House to take photographs, make audio or video recordings or
26 tapes, and to broadcast or televise in the House of
27 Representatives. Applications to take photographs, make audio or
28 video recordings or tapes, or to broadcast or televise at public
29 hearings of committees shall be approved by the Committee
30 Chairman or Co-chairmen conducting such hearing. However, the
19770H0053R0806 - 63 -
1 Committee Chairman conducting the hearing may make such orders
2 to such representatives as may be necessary to preserve order
3 and decorum.
4 No photographs shall be taken nor any recordings or tapes
5 made, nor any broadcasting or televising done in the House of
6 Representatives during sessions, being at ease or recessed,
7 without prior notice to the Representatives. When possible, such
8 notice shall be given at the beginning of the session, at ease
9 or recess, during which the photographs, recordings or taping,
10 broadcasting or televising are scheduled to be taken or made.
11 No more than one representative of each newspaper, press
12 association or licensed radio or television station, system or
13 newsgathering agency shall be admitted to the press gallery at
14 one time. Members of the Pennsylvania Legislative
15 Correspondents' Association and representatives of licensed
16 radio and television stations, systems or newsgathering
17 agencies, assigned to the House of Representatives on a daily
18 basis shall have permanent assigned seating in the press gallery
19 with identification plates. Visiting representatives of daily
20 newspapers, press associations, Sunday newspapers as well as
21 radio and television stations, systems or newsgathering agencies
22 shall coordinate seating accommodations with the supervisor of
23 the Capitol Newsroom.
24 Persons assigned to the press gallery on a permanent or
25 temporary basis, shall at all times, refrain from loud talking
26 or causing any disturbance which tends to interrupt the
27 proceedings of the House of Representatives.
28 Persons assigned to the press gallery on a permanent or
29 temporary basis shall not walk onto the floor of the House of
30 Representatives nor approach the rostrum or the clerks' desks
19770H0053R0806 - 64 -
1 during session or while being at ease.
2 Persons assigned to the press gallery on a permanent or
3 temporary basis wishing to confer with a Representative shall
4 disclose this fact by having a message delivered by a page to
5 the Representative. Such conversation shall be conducted off the
6 floor of the House of Representatives.
7 Representatives of the Pennsylvania Public Broadcasting
8 System may, subject to regulations of the Speaker, televise or
9 make video tapes of proceedings of sessions of the House of
10 Representatives and meetings of all committees of the House of
11 Representatives.
12 RULE 74
13 Visitors
14 Visitors shall be admitted to the Hall of the House only when
15 sponsored by a member. The chief clerk shall issue an
16 appropriate pass to any visitor so sponsored.
17 Persons admitted to the Hall of the House other than members
18 and attaches, shall not be permitted to stand while the House is
19 in session but shall be seated in chairs provided for them. At
20 no time shall visitors be permitted on the Floor of the House
21 while the House is in Session unless so permitted by the
22 speaker.
23 RULE 75
24 Lobbyists
25 No registered lobbyist shall be admitted to the Hall of the
26 House.
27 RULE 76
28 Soliciting Prohibited
29 No officer or employee of the House shall solicit any member,
30 other officer or employee of the House for any purpose.
19770H0053R0806 - 65 -
1 RULE 77
2 Suspending and Changing Rules
3 Any rule of the House, which is not required by the
4 Constitution, may be temporarily suspended at any time for a
5 specific purpose only by a majority vote of the members elected
6 to the House by a roll call vote.
7 A motion to suspend the rules may not be laid on the table,
8 postponed, committed or amended.
9 The existing rules of the House shall not be changed, added
10 to, modified or deleted except by written resolution and the
11 same approved by a majority vote of the members elected to the
12 House by a roll call vote.
13 Except where such resolution originates with the Committee on
14 Rules, no resolution proposing any change, addition,
15 modification or deletion to existing House rules shall be
16 considered until such resolution has been referred to the
17 Committee on Rules, reported therefrom, printed, filed on the
18 desk of each member and placed on the calendar.
19 Any proposed change, addition, modification or deletion
20 offered by a member on the floor of the House to such resolution
21 shall be considered, in effect, a change, addition, modification
22 or deletion to existing House rules and shall require for
23 approval a majority vote of the members elected to the House by <--
24 a roll call vote.
25 RULE 78
26 Parliamentary Authority
27 Jefferson's Manual supplemented by Mason's Manual of
28 Legislative Procedure shall be the parliamentary authority of
29 the House, if applicable and not inconsistent with the
30 Constitution of Pennsylvania, the laws of Pennsylvania
19770H0053R0806 - 66 -
1 applicable to the General Assembly, the Rules of the House, the
2 established precedents of the House and the established customs
3 and usages of the House.
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