PRINTER'S NO. 77
No. 10 Session of 1977
INTRODUCED BY IRVIS AND MANDERINO, JANUARY 17, 1977
ADOPTED, JANUARY 17, 1977
In the House of Representatives, January 17, 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 RULE 18 7 Introduction and Printing of Bills 8 Bills shall be introduced in quadruplicate, signed and dated 9 by each member who is a sponsor of the bill, and filed with the 10 Chief Clerk. A sponsor may not be added or withdrawn after a 11 bill has been printed. 12 Bills introduced when received at the Chief Clerk's desk 13 shall be numbered consecutively and delivered to the Speaker, 14 who shall refer each bill to an appropriate committee. The 15 Speaker shall report to the House the committees to which bills 16 have been referred, either on the day introduced or received or 17 on the next two legislative days the House is in session. 18 If the Speaker neglects or refuses to refer to committee any
1 bill or bills (whether House or Senate) as above after 2 introduction or presentation by the Senate for concurrence, any 3 member may move for the reference of the bill to an appropriate 4 committee. If the motion is carried, said bill or bills shall be 5 immediately surrendered by the Speaker to the committee 6 designated in said motion. 7 The first copy of each bill introduced shall be for the 8 committee, the second copy shall be for the printer, the third 9 copy shall be for the news media and the fourth copy shall be 10 for the Legislative Reference Bureau. 11 Every bill, after introduction and reference to committee, 12 shall be printed. 13 Bills may not be withdrawn after reference to committee. 14 RULE 22 15 First Consideration Bills 16 Bills reported from committees shall be considered for the 17 first time when reported and shall then be automatically removed 18 from the calendar and laid on the table, except House bills 19 reported from committees after the first Monday in June until 20 the first Monday in September which shall then be automatically 21 recommitted to the Committee on Rules. 22 After the first Monday in September, any bill which was 23 automatically recommitted to the Committee on Rules pursuant to 24 this Rule 22 shall automatically be re-reported to the floor of 25 the House and laid on the table. 26 The Rules Committee shall not in any instance have the power 27 to amend a bill that has already gone through another committee. 28 Any bill which was automatically laid on the table pursuant 29 to this Rule 22 and has remained on the table for fifteen 30 legislative days shall automatically be removed from the table 19770H0010R0077 - 2 -
1 and returned to the calendar for second consideration the next 2 legislative day. 3 Any bill which was automatically laid on the table pursuant 4 to this Rule 22 may be removed from the table by motion of the 5 Majority Leader, or his designee, acting on a report of the 6 Committee on Rules. Such report shall be in writing and a copy 7 thereof distributed to each member. Any bill so removed from the 8 table shall be placed on the second consideration calendar on 9 the legislative day following such removal. Nothing herein shall 10 affect the right of any member to make a motion to remove a bill 11 from the table. 12 Amendments shall not be proposed, nor is any other motion in 13 order on first consideration. 14 Bills shall not be considered beyond first consideration 15 until the latest print thereof is on the desks of the members. 16 RULE 35 17 House and Concurrent Resolutions 18 Members introducing resolutions other than concurrent 19 resolutions shall file five copies thereof; seven copies of 20 concurrent resolutions shall be filed. All resolutions shall be 21 signed by their sponsors, dated and filed with the Chief Clerk. 22 After being numbered, one copy of all resolutions shall be given 23 to the news media and all other copies delivered to the Speaker. 24 A sponsor may not be added or withdrawn after a resolution has 25 been printed. Resolutions may not be withdrawn after reference 26 to a committee. 27 Unless privileged under this rule for immediate 28 consideration, the Speaker shall refer House resolutions (except 29 Discharge Resolutions) and Senate resolutions presented to the 30 House for concurrence to appropriate committees. 19770H0010R0077 - 3 -
1 The Speaker shall report to the House the committees to which 2 resolutions have been referred, either on the day introduced or 3 received or the next two legislative days the House is in 4 session. 5 A resolution introduced in the House and referred to 6 committee shall be printed and placed in the House files. 7 When a resolution (House or Senate) is reported from 8 committee, it shall be placed on the calendar and may be called 9 up by a member for consideration by the House under the order of 10 business of resolutions. 11 RULE 39 12 Petitions, Remonstrances and Memorials 13 Petitions, remonstrances, memorials and other papers 14 presented by a member shall be signed, dated and filed with the 15 Chief Clerk to be by him handed to the Speaker for reference to 16 appropriate committees. 17 The Speaker shall report to the House the committees to which 18 petitions, remonstrances, memorials and other papers have been 19 referred, not later than the next day the House is in session 20 following the day of filing. 21 RULE 41 22 Kind and Rank of Committee 23 The Committees of the House shall be of four kinds and rank 24 in the order named: 25 Committee of the Whole House 26 Standing Committees 27 Select Committees 28 Conference Committees 29 RULE 43 30 Standing Committees and Sub-Committees 19770H0010R0077 - 4 -
1 The Committee on Committees shall consist of the Speaker and 2 fifteen members of the House, ten of whom shall be members of 3 the Majority Party and five of whom shall be members of the 4 Minority Party, whose duty shall be to recommend to the House 5 the names of members who are to serve on the Standing Committees 6 of the House. 7 The Speaker shall appoint the Chairman and Vice-Chairman of 8 each Standing Committee when such Standing Committee has no 9 Standing Sub-Committees as prescribed herein; when the Standing 10 Committee has Standing Sub-Committees, the Speaker shall appoint 11 a Sub-Committee Chairman for each Standing Sub-Committee. The 12 Speaker shall appoint a secretary for each Standing Committee. 13 The Minority Leader shall appoint the Minority Chairman and 14 Minority Vice-Chairman of each Standing Committee and the 15 Minority Sub-Committee Chairman for each Standing Sub-Committee. 16 The Speaker of the House, Floor Leader of the Majority Party 17 and the Floor Leader of the Minority Party shall be ex-officio 18 members of all Standing Committees, without the right to vote 19 and they shall be excluded from any limitation as to the number 20 of members on the Committees or in counting a quorum. 21 Twenty-one Standing Committees of the House, each to consist 22 of twenty-three members except the Committee on Appropriations, 23 which shall consist of twenty-nine members, are hereby created. 24 In addition, there is hereby created twenty-eight Standing Sub- 25 Committees. 26 All Standing Committees shall consist of fourteen members of 27 the Majority Party and nine members of the Minority Party, 28 except the Committee on Appropriations which shall consist of 29 nineteen members of the Majority Party and ten members of the 30 Minority Party. The quorum for each of the Standing Committees 19770H0010R0077 - 5 -
1 and Sub-Committees shall be no less than the majority of said 2 Committees. The following are the Standing Committees and Sub- 3 Committees thereof: 4 1. Agriculture 5 2. Appropriations 6 a. Sub-Committee on Health and Welfare 7 b. Sub-Committee on Education 8 c. Sub-Committee on Capital Budget 9 3. Business and Commerce 10 a. Sub-Committee on Banking and Savings and Loan 11 Associations 12 b. Sub-Committee on Housing 13 c. Sub-Committee on Industrial Development, Recreation 14 and Tourism 15 4. Conservation 16 5. Consumer Affairs 17 a. Sub-Committee on Public Utilities 18 6. Education 19 a. Sub-Committee on Basic Education 20 b. Sub-Committee on Higher Education 21 7. Federal-State Relations 22 8. Finance 23 9. Game and Fisheries 24 10. Health and Welfare 25 a. Sub-Committee on Health 26 b. Sub-Committee on Welfare 27 c. Sub-Committee on Youth and Aging 28 11. Insurance 29 12. Judiciary 30 a. Sub-Committee on Crime and Corrections 19770H0010R0077 - 6 -
1 b. Sub-Committee on Courts 2 13. Labor Relations 3 14. Liquor Control 4 15. Local Government 5 a. Sub-Committee on Boroughs 6 b. Sub-Committee on Counties 7 c. Sub-Committee on Townships 8 16. Mines and Energy Management 9 17. Professional Licensure 10 18. State Government 11 19. Transportation 12 a. Sub-Committee on Highways 13 b. Sub-Committee on PubliC Transportation 14 c. Sub-Committee on Transportation Safety 15 20. Urban Affairs 16 a. Sub-Committee on Cities, Counties - First Class 17 b. Sub-Committee on Cities, Counties - Second Class 18 21. Veterans Affairs 19 RULE 44 20 Organization of Standing Committees and Sub-Committees 21 The membership of each Standing Committee shall first meet 22 upon the call of its Chairman and perfect its organization. A 23 majority of the members to which each Standing Committee is 24 entitled shall constitute a quorum for it to proceed to 25 business. Each Standing Committee shall have the power to 26 promulgate rules not inconsistent with these rules which may be 27 necessary for the orderly conduct of its business. 28 Where a Standing Committee has Standing Sub-Committees as 29 prescribed by Rule 43, the membership on such Standing Sub- 30 Committees shall be appointed by the Committee on Committees 19770H0010R0077 - 7 -
1 after consultation with each Chairman of a Standing Committee of 2 which the Standing Sub-Committee is a part. Each Standing Sub- 3 Committee shall consist of the Chairman of its parent Standing 4 Committee, as an ex-officio member, the Chairman of the Standing 5 Sub-Committee, and five other members from the parent Standing 6 Committee to be appointed by the Committee on Committees three 7 from among the Majority party after consultation with the 8 Majority Leader, and two from among the Minority Party after 9 consultation with the Minority Leader. Where it is deemed 10 advisable that the membership of any Standing Sub-Committee be 11 of greater number than that prescribed herein, the Committee on 12 Committees may appoint additional members of the Standing 13 Committee from the Majority or Minority Party to serve on such 14 Standing Sub-Committee. The number of additional members 15 selected should be such as to maintain, as far as is 16 practicable, a ratio in Majority and Minority Party membership 17 which affords a fair and reasonable representation to the 18 Minority Party on the Standing Sub-Committee. 19 The Chairman and the Minority Chairman of each Standing 20 Committee shall be ex-officio members of each Standing Sub- 21 Committee which is part of the parent Standing Committee, with 22 the right to attend Standing Sub-Committee meetings and vote on 23 any matter before such Standing Sub-Committee. 24 A majority of the members of each Standing Sub-Committee 25 shall constitute a quorum for the proper conduct of its 26 business. Each Standing Sub-Committee may promulgate such rules 27 necessary for the conduct of its business which are not 28 inconsistent with the rules of its parent Standing Committee or 29 the Rules of the House. 30 When the chairman of a Standing Committee has referred a 19770H0010R0077 - 8 -
1 bill, resolution or other matter to a Standing Sub-Committee, 2 the power and control over such bill, resolution or other matter 3 shall then reside in such Sub-Committee for a reasonable period 4 of time thereafter in order that such Sub-Committee may consider 5 the bill, resolution or other matter and return the same to its 6 Standing Committee with its recommendations as to the action 7 which ought to be taken on such bill, resolution or other 8 matter. 9 Each Standing Sub-Committee, within a reasonable time after 10 it has received a bill, resolution or other matter, shall meet 11 as a committee for the purpose of considering the same and 12 returning the bill, resolution or other matter back to its 13 parent Standing Committee with a Sub-Committee report as to what 14 action it recommends. The report of the Sub-Committee on a bill, 15 resolution or other matter being returned to the Standing 16 Committee shall contain one of the following recommendations: 17 a. That the bill, resolution or other matter in its 18 present form be reported to the House, 19 b. that the bill, resolution, or other matter not be 20 reported to the House, 21 c. that the bill, resolution or other matter be reported 22 to the House, with recommendations for amendments, 23 d. that the bill, resolution or other matter is returned 24 without recommendations. 25 When a Standing Committee receives reports from its Sub- 26 Committees, it shall consider the same and by majority vote of 27 the members of the Standing Committee either approve or 28 disapprove such report. If disapproved, the Standing Committee 29 may then determine by a majority vote of its members what 30 further action, if any, should be taken on such bill, resolution 19770H0010R0077 - 9 -
1 or other matter. 2 Where no action has been taken by a Standing Sub-Committee on 3 a bill, resolution or other matter referred to it, and the 4 Chairman of the Standing Committee considers that such Sub- 5 Committee has had reasonable time to consider the bill, 6 resolution or other matter and return the same to its parent 7 Standing Committee. The Sub-Committee Chairman shall then 8 forthwith surrender and forward the same, together with all 9 documents or papers pertaining thereto, to the Standing 10 Committee. 11 In the event that a Chairman of a Standing Committee is 12 absent, the following rules shall apply: 13 1. If such Standing Committee has no Sub-Committee 14 prescribed by Rule 44, the Vice-Chairman of the Standing 15 Committee shall act as Chairman of the Committee meetings; 16 2. If such Standing Committee has only one Sub-Committee, 17 the Sub-Committee Chairman shall act as Chairman of the Standing 18 Committee; and 19 3. If the Standing Committee has more than one Sub- 20 Committee, the Sub-Committee Chairman with the longest 21 consecutive legislative service shall act as Chairman of the 22 Standing Committee, except where the Sub-Committee Chairmen have 23 equal legislative service, in which case the Speaker of the 24 House shall designate one of the Sub-Committee Chairmen to act 25 as Chairman of the Standing Committee. 26 In case of absence of a Sub-Committee Chairman, the Chairman 27 of the appropriate standing Committee shall designate one member 28 from either the Standing Committee or Sub-Committee to act as 29 Chairman of the Sub-Committee. 30 RULE 45 19770H0010R0077 - 10 -
1 Powers and Duties of Standing Committees 2 and Sub-Committees 3 The Chairman of each Standing Committee and Sub-Committee 4 shall fix regular weekly, biweekly or monthly meeting days for 5 the transaction of business before the Committee or Sub- 6 Committee. The Chairman of the Committee or Sub-Committee shall 7 notify all members, at least twenty-four hours in advance of the 8 date, time and place of regular meetings, and, insofar as 9 possible, the subjects on the agenda. In addition to regular 10 meetings, special meetings may be called from time to time by 11 the Chairman of the Committee or Sub-Committee as they deem 12 necessary. No committee shall meet during any session of the 13 House without first obtaining permission of the Speaker. During 14 any such meeting, no vote shall be taken on the Floor of the 15 House on any amendment, recommittal motion, final passage of any 16 bill, or any other matter requiring a roll call vote. Any 17 committee meeting called off the Floor of the House shall meet 18 in a committee room. In addition to the specific provisions of 19 this Rule 45, all provisions of the act of July 19, 1974 20 (No.175) relative to notice of meetings shall be complied with. 21 At regularly scheduled meetings, or upon the call of the 22 Chairman, or Sub-Committee Chairman, for special meetings, the 23 membership of such Committees shall meet to consider any bill, 24 resolution, or other matter on the agenda. The Secretary of each 25 Standing Committee, or in case of Sub-Committees a secretary 26 designated by the Sub-Committee Chairman, shall record: (1) the 27 minutes of the meeting, (2) all votes taken, and (3) a roll or 28 attendance of members at Standing Committee or Sub-Committee 29 meetings showing the names of those present, absent or excused 30 from attendance; such records shall be open to public 19770H0010R0077 - 11 -
1 inspection. On the first legislative day of each week the House 2 is in session, the Chairman of each Standing Committee shall 3 submit to the Chief Clerk for inclusion in the House Journal the 4 roll or record of attendance of members at Standing Committee or 5 Sub-Committee meetings held prior thereto and not yet reported, 6 along with the record of all votes taken at such meetings. All 7 meetings at which formal action is taken by a Standing Committee 8 or Sub-Committee shall be open to the public, making such 9 reports as are required under Rule 44. When any member, except 10 for an excused absence, fails to attend five consecutive regular 11 meetings of his committee, the Chairman of that Committee or 12 Sub-Committee shall notify him of that fact and, if the member 13 in question fails to reasonably justify his absences to the 14 satisfaction of a majority of the membership of the Standing 15 Committee of which he is a member, his membership on the 16 Committee or Sub-Committee shall be deemed vacant and the 17 Chairman of the Standing Committee shall notify the Speaker of 18 the House to that effect. Such vacancy shall then be filled in 19 the manner prescribed by these rules. 20 Whenever the Chairman of any Standing Committee shall refuse 21 to call a regular meeting, then a majority of the members of the 22 Standing Committee may vote to call a meeting by giving two days 23 written notice to the Speaker of the House, setting the time and 24 place for such meeting. Such notice shall be read in the House 25 and the same posted by the Chief Clerk in the House Chamber. 26 Thereafter, the meeting shall be held at the time and place 27 specified in the notice. In addition, all provisions of the act 28 of July 19, 1974 (No.175), relative to notice of meetings shall 29 be complied with. 30 Each Secretary of a Standing Committee and each Secretary of 19770H0010R0077 - 12 -
1 a Standing Sub-Committee shall keep a record of the dispatch of 2 the bills, resolutions, committee reports and other matters 3 before it in an appropriate journal which shall be open to 4 public inspection. 5 Records, bills and other papers in the possession of 6 Committees and Sub-Committees, upon final adjournment of the 7 House shall be filed with the Chief Clerk, to be kept by him for 8 a period of two years. 9 No committee report, except a report of the Appropriations 10 Committee, shall be recognized by the House, unless the same has 11 been acted upon by a majority vote of the members of a Standing 12 Committee present at a Committee session actually assembled and 13 meeting as a Committee, provided such majority vote numbers at 14 least ten members, and provided further a quorum is present. No 15 committee report of the Appropriations Committee shall be 16 recognized by the House, unless the same has been acted upon by 17 a majority vote of the members of such committee present at a 18 committee session actually assembled and meeting as a committee, 19 provided such majority vote numbers at least fourteen members, 20 and provided further a quorum is present. All reports of 21 Standing Committees shall be prepared in writing by the 22 Secretary of the Committee. Members of a Standing Committee may 23 prepare in writing and file a minority report, setting forth the 24 reasons for their dissent. 25 When the majority of the members of a Standing Committee 26 believe that a certain bill or resolution in the possession of 27 the Standing Committee should be considered and acted upon by 28 such Committee, they may request the Chairman to include the 29 same as part of the business of a committee meeting. Upon 30 failure of the Chairman to comply with such request, the 19770H0010R0077 - 13 -
1 membership may require that such bill be considered by written 2 motion made and approved by a majority vote of the entire 3 membership to which such Committee is entitled. 4 Whenever the phrase "majority of members of a Standing 5 Committee or Sub-Committee" is used in these rules, it shall 6 mean majority of the entire membership to which a Standing 7 Committee or Sub-Committee is entitled, unless the context 8 thereof indicates a different intent. 9 To assist the House in appraising the administration of the 10 laws and in developing such amendments or related legislation as 11 it may deem necessary, each Standing Committee or Sub-Committee 12 of the House shall exercise continuous watchfulness of the 13 execution by the administrative agencies concerned of any laws, 14 the subject matter of which is within the jurisdiction of such 15 Committee or Sub-Committee; and, for that purpose, shall study 16 all pertinent reports and data submitted to the House by the 17 agencies in the Executive Branch of the Government. 18 RULE 46 19 Committee on Rules 20 The Committee on Rules shall consist of the Speaker and 21 thirteen other members, one of whom shall be the Majority Leader 22 who shall be Chairman; seven shall be members of the Majority 23 Party appointed by the Speaker, and five shall be the Minority 24 Leader, the Minority Whip, and three members appointed by the 25 Minority Leader. 26 The Committee shall make recommendations designed to improve 27 and expedite the business and procedure of the House and its 28 committees, and to propose to the House any amendments to the 29 rules deemed necessary. 30 The Committee shall be privileged to report at any time. 19770H0010R0077 - 14 -
1 RULE 47 2 Ethics Committee 3 As used in the context of this rule, the word "Committee" 4 shall mean the Committee on Ethics of the House of 5 Representatives, and the phrase "majority of the Committee: 6 shall mean a majority of the members to which the Committee is 7 entitled: 8 The Committee shall consist of eight members: four of whom 9 shall be members of the Majority Party appointed by the Speaker, 10 and four of whom shall be members of the Minority Party 11 appointed by the Minority Leader. The Speaker shall appoint from 12 the members a Chairman, Vice Chairman and Secretary for the 13 Committee. The Chairman shall be a member of the Majority Party 14 and the Vice Chairman shall be a member of the Minority Party. 15 The Chairman shall notify all members of the Committee at 16 least twenty-four hours in advance of the date, time and place 17 of a regular meeting. Whenever the Chairman shall refuse to call 18 a regular meeting, a majority of the Committee may vote to call 19 a meeting by giving two days' written notice to the Speaker of 20 the House setting forth the time and place for such meeting. 21 Such notice shall be read in the House and posted in the House 22 Chamber by the Chief Clerk, or his designee. Thereafter, the 23 meeting shall be held at the time and place specified in such 24 notice. 25 The Committee shall conduct its investigations, hearings and 26 meetings relating to a specific investigation or a specific 27 member, officer or employee of the House in closed session and 28 the fact that such investigation is being conducted or to be 29 conducted or that hearings or such meetings are being held or 30 are to be held shall be confidential information unless the 19770H0010R0077 - 15 -
1 person subject to investigation advises the Committee in writing 2 that he elects that such hearings shall be held publicly. In the 3 event of such an election, the Committee shall furnish such 4 person a public hearing. All other meetings of the Committee 5 shall be open to the public. 6 The Committee shall receive complaints against members, 7 officers and employees of the House alleging illegal or 8 unethical conduct. Any such complaint must be in writing 9 verified by the person filing the complaint and must set forth 10 in detail the conduct in question and the section of the 11 "Legislative Code of Ethics" or House rule violated. The 12 Committee shall make a preliminary investigation of the 13 complaint, and if it is determined by a majority of the 14 Committee that a violation of the rule or law may have occurred, 15 the person against whom the complaint has been brought shall be 16 notified in writing and given a copy of the complaint. Within 17 fifteen days after receipt of the complaint, such person may 18 file a written answer thereto with the Committee. Upon receipt 19 of the answer, by vote of a majority of the Committee, the 20 Committee shall either dismiss the complaint within ten days or 21 proceed with a formal investigation, to include hearings, not 22 less than ten days nor more than thirty days after notice in 23 writing to the persons so charged. Failure of the person charged 24 to file an answer shall not be deemed to be an admission or 25 create an inference or presumption that the complaint is true, 26 and such failure to file an answer shall not prohibit a majority 27 of the Committee from either proceeding with a formal 28 investigation or dismissing the complaint. 29 A majority of the Committee may initiate a preliminary 30 investigation of the suspected violation of a "Legislative Code 19770H0010R0077 - 16 -
1 of Ethics" or House rule by a member, officer or employee of the 2 House. If it is determined by a majority of the Committee that a 3 violation of a rule or law may have occurred, the person in 4 question shall be notified in writing of the conduct in question 5 and the section of the "Legislative Code of Ethics" or House 6 rule violated. Within fifteen days, such person may file a 7 written answer thereto. Upon receipt of the answer, by vote of a 8 majority of the Committee, the Committee shall either dismiss 9 the charges within ten days or proceed with a formal 10 investigation, to include hearings, not less than ten days nor 11 more than thirty days after notice in writing to the person so 12 charged. Failure of the person charged to file an answer shall 13 not be deemed to be an admission or create an inference or 14 presumption that the charge is true, and such failure to file an 15 answer shall not prohibit a majority of the Committee from 16 either proceeding with a formal investigation or dismissing the 17 charge. 18 In the event that the Committee shall elect to proceed with a 19 formal investigation of the conduct of any member, officer or 20 employee of the House, the Committee shall employ independent 21 counsel who shall not be employed by the House for any other 22 purpose or in any other capacity during such investigation. 23 All constitutional rights of any person under investigation 24 shall be preserved, and such person shall be entitled to present 25 evidence, cross-examine witnesses, face his accuser, and be 26 represented by counsel. 27 The Chairman may continue any hearing for reasonable cause, 28 and upon the vote of a majority of the Committee or upon the 29 request of the person subject to investigation, the Chairman 30 shall issue subpoenas for the attendance and testimony of 19770H0010R0077 - 17 -
1 witnesses and the production of documentary evidence relating to 2 any matter under formal investigation by the Committee. The 3 Committee may administer oaths or affirmations and examine and 4 receive evidence. 5 All testimony, documents, records, data, statements or 6 information received by the Committee in the course of any 7 investigation shall be private and confidential except in the 8 case of public hearings or in a report to the House. No report 9 shall be made to the House unless a majority of the Committee 10 has made a finding of unethical or illegal conduct on the part 11 of the person under investigation. No finding of unethical or 12 illegal conduct shall be valid unless signed by at least a 13 majority of the Committee. Any such report may include a 14 minority report. No action shall be taken on any finding of 15 illegal or unethical conduct nor shall such finding or report 16 containing such finding be made public sooner than seven days 17 after a copy of the finding is sent by certified mail to the 18 member, officer or employee under investigation. 19 The Committee may meet with a Committee of the Senate to hold 20 investigations or hearings involving employees of the two Houses 21 jointly or officers or employees of the Legislative Reference 22 Bureau, the Joint State Government Commission, Local Government 23 Commission, Legislative Budget and Finance Committee and the 24 Legislative Data Processing Committee; provided, however, that 25 no action may be taken at a joint meeting unless it is approved 26 by a majority of the Committee. 27 In the event that a member of the Committee shall be under 28 investigation, such member shall be temporarily replaced on the 29 Committee in a like manner as said member's original 30 appointment. 19770H0010R0077 - 18 -
1 The Committee, whether or not at the request of a member, 2 officer or employee concerned about an ethical problem relating 3 to himself alone or in conjunction with others, may render 4 advisory opinions with regard to questions pertaining to 5 legislative ethics or decorum. Such advisory opinions, with such 6 deletions and changes as shall be necessary to protect the 7 identity of the persons involved or seeking them, may be 8 published and shall be distributed to all the members of the 9 House. 10 Any member of the Committee breaching the confidentiality of 11 materials and events as set forth in this rule shall be removed 12 immediately from the Committee and replaced by another member of 13 the House in a like manner as said member's original 14 appointment. 15 The Committee may adopt rules of procedure for the orderly 16 conduct of its affairs, investigations, hearings and meetings, 17 which rules are not inconsistent with this rule. 18 The Committee shall continue to exist and have authority and 19 power to function after the sine die adjournment of the General 20 Assembly and shall so continue until the expiration of the then 21 current term of office of the members of the Committee. 22 RULE 49 23 Committee Action 24 Whenever a bill, resolution or other matter has been referred 25 by the Speaker of the House to a Standing Committee, and such 26 Committee has one or more Standing Sub-Committees, the Chairman 27 of the Standing Committee may either refer it to an appropriate 28 Sub-Committee or retain it for consideration by the entire 29 Standing Committee. If it is retained, such Standing Committee 30 shall have full power and control over such bill, resolution or 19770H0010R0077 - 19 -
1 other matter, except that such Committee shall not change the 2 subject nor any amendments adopted by the House. Where the 3 Chairman of the Standing Committee refers such bill, resolution, 4 or matter to a Sub-Committee, such Sub-Committee, except as 5 hereinafter provided, shall have full power over the same. 6 The recommendations by a Committee that a bill or resolution 7 be reported negatively shall not affect its consideration by the 8 House. The words "negative recommendation" shall be printed 9 conspicuously on a line above the title of this bill. 10 All Standing Sub-Committees shall be subject to the will of 11 the majority of their parent Standing Committee and shall not 12 promulgate any rules or take any action inconsistent with the 13 rules of their parent Standing Committee or the Rules of the 14 House. 15 RULE 50 16 Public Hearings 17 Each Standing Committee, Sub-Committee or Select Committee to 18 which a proposed bill, resolution or any matter is referred 19 shall have full power and authority to study said bill, 20 resolution or other matter before it, as such Committee, shall 21 determine is necessary to enable it to report properly to the 22 House thereon. To this end, a Standing Committee, Sub-Committee, 23 or Select Committee, may as hereinafter provided, conduct public 24 hearings. No Standing Committee, Sub-Committee or Select 25 Committee shall hold any public hearings without prior approval 26 by a majority vote of the members of the Standing Committee and 27 the leadership of the Majority Party of the House. The 28 Leadership of the Majority Party of the House shall withhold 29 approval of public hearings based only on budgetary 30 consideration. 19770H0010R0077 - 20 -
1 When a public hearing has been authorized as aforesaid, the 2 Chairman of the Standing Committee, Sub-Committee Chairman, or 3 Select Committee Chairman as the case may be, shall instruct the 4 Chief Clerk to give written notice thereof to each House member 5 not less than five calendar days before the proposed hearings 6 and post the same in or immediately adjacent to the House 7 Chambers. Such notice, which shall contain the day, hour and 8 place of the hearing and the number or numbers of bills or other 9 subject matter to be considered at such hearing, shall also be 10 given the supervisor of the news room, and to the news media. In 11 addition, all provisions of the act of July 19, 1974 (No.175), 12 relative to notice of meetings shall be complied with. 13 Public hearings held by a Standing Committee shall be chaired 14 by the Chairman of such Committee, unless absent, in which case 15 an acting Chairman shall be selected in the manner prescribed by 16 these rules to serve in his stead. Public hearings held by 17 Standing Sub-Committees shall be chaired by the Sub-Committee 18 Chairman thereof, but the Chairman of the parent Standing 19 Committee, as an ex-officio member of the Sub-Committee, shall 20 have the right to attend and participate in the hearing 21 proceedings. In the absence of the Sub-Committee Chairman, an 22 acting Chairman shall be appointed in the manner prescribed by 23 these rules. 24 All public hearings shall be open to the public and 25 reasonable opportunity to be heard shall be afforded to all 26 interested parties who have requested an appearance before the 27 Committee. In addition, it shall be the responsibility of the 28 Committee in conducting its hearing to request the presentation 29 of testimony by any person who, in the opinion of the Committee, 30 is qualified to present pertinent and important testimony. 19770H0010R0077 - 21 -
1 Such Committee shall, so far as practicable, request all 2 witnesses appearing before it to file written statements of 3 their proposed testimony. The Chairman shall have the right to 4 fix the order of appearance and the time to be allotted to 5 witnesses. Witnesses may submit brief pertinent statements in 6 writing for inclusion in the record. The Committee is the sole 7 judge of the pertinency of testimony and evidence adduced at its 8 hearings. 9 The Chairman, in presiding at such public hearings, shall 10 preserve order and decorum, in and adjacent to his committee 11 room while the hearing is being conducted and he shall have the 12 authority to direct the removal from the committee room of any 13 person who fails to comply with order and decorum of the 14 Committee. 15 Proceedings of all public hearings shall be either 16 stenographically recorded and transcribed or electronically 17 recorded and said records shall be open for examination to any 18 member of the House. 19 The Chief Clerk shall not make payment of any expenses 20 incurred as a result of a public hearing without the prior 21 written approval of the Speaker and the Majority Leader of the 22 House. 23 RULE 51 24 Investigations 25 Any Standing Committee, Sub-Committee or Select Committee, 26 upon resolution introduced and approved by majority vote of the 27 House, may be authorized and empowered to conduct hearings at 28 any place in the Commonwealth to investigate any matter provided 29 for in such resolution. When so authorized, such Committee shall 30 be empowered to issue subpoenas under the hand and seal of the 19770H0010R0077 - 22 -
1 Chairman thereof commanding any person to appear before it and 2 answer questions touching matters properly being inquired into 3 by the Committee and produce such books, papers, records, 4 accounts, reports, and documents as the Committee deems 5 necessary. Such subpoenas may be served upon any person and 6 shall have the force and effect of subpoenas issued out of the 7 courts of this Commonwealth. Where any person willfully neglects 8 or refuses to comply with any subpoena issued by the Committee 9 or refuses to testify before the Committee on any matter 10 regarding which he may be lawfully interrogated, it shall be the 11 duty of the Committee to report such disobedience or refusal to 12 the House of Representatives, and such person shall be subject 13 to the penalties provided by the laws of the Commonwealth in 14 such cases. Each member of the Committee shall have power to 15 administer oaths and affirmations to witnesses appearing before 16 the Committee. The Sergeant-at-Arms of the Legislature or other 17 person designated by the Committee shall serve any subpoenas 18 issued by the Committee, when directed to do so by the 19 Committee. The subpoena shall be addressed to the witness, state 20 that such proceeding is before a Committee of the House at which 21 the witness is required to attend and testify at a time and 22 place certain and be signed by the Chairman of the Committee 23 commanding attendance of such witness. 24 The Chairman of the investigative hearing shall call the 25 Committee to order and announce in an opening statement the 26 subject or purposes of the investigation. 27 A copy of this rule shall be made available to the witnesses 28 at least three calendar days prior to his or her scheduled 29 testimony. Witnesses at investigative hearings, may be 30 accompanied by their own counsel for the purpose of advising 19770H0010R0077 - 23 -
1 them concerning their constitutional rights. The Chairman, for 2 breaches of order or decorum or of professional ethics on the 3 part of counsel, may exclude him from the hearing. Counsel may 4 interpose legal objection to any and all questions which in the 5 opinion of counsel may violate the civil or constitutional 6 rights of his clients. 7 If the Committee determines that evidence or testimony at an 8 investigative hearing may tend to defame, degrade or incriminate 9 any person, it shall: 10 a. receive such evidence or testimony in executive session; 11 b. afford such person an opportunity voluntarily to appear 12 as a witness; and 13 c. receive and dispose of requests from such person to 14 subpoena additional witnesses. 15 No evidence or testimony taken in executive session may be 16 released or used in public sessions without the consent of the 17 Committee. 18 Upon payment of the cost thereof, a person may obtain a copy 19 of the transcript of any testimony given at a public session or, 20 if given at an executive session when authorized by the 21 Committee. 22 RULE 52 23 Possession of Bills by Committee 24 When a Committee has ordered that a bill, resolution or other 25 matter be reported to the House, the member to whom it is 26 assigned shall make the report thereof to the House either on 27 the same day or at the next meeting of the House. 28 Failure of a member to comply with this rule shall be 29 reported to the House by the Committee, provided the official 30 copy of the bill, resolution or other matter has not been 19770H0010R0077 - 24 -
1 obtained. Upon a motion agreed to by the House, a duplicate 2 certified copy of a House bill, House resolution or other House 3 matter shall be furnished to the Committee by the Chief Clerk. 4 Except in the preparation of fiscal notes by the 5 Appropriations Committee a Committee or Sub-Committee shall not 6 consider a bill, resolution or other matter which is not in its 7 possession. 8 When a Committee reports to the House that a House bill, 9 House resolution or other House matter referred to it is lost, 10 upon a motion agreed to by the House, a duplicate certified copy 11 thereof shall be furnished by the Chief Clerk. 12 If the Senate bill, Senate resolution or other Senate matter 13 received from the Senate is lost, upon a motion agreed to by the 14 House, a request shall be made to the Senate to furnish the 15 House with a duplicate certified copy thereof. 16 If a bill, resolution or other matter is lost before it has 17 been referred to a Committee, the fact shall be reported to the 18 House and the procedure provided by this rule shall be followed. 19 RULE 64 20 Members Required to be Present and Vote 21 Every member shall be present within the Hall of the House 22 during its sittings, unless excused by the House or unavoidably 23 prevented, and shall vote for or against each question put, 24 unless he has a direct personal or pecuniary interest in the 25 determination of the question, or unless he is excused by the 26 House. 27 No member shall be permitted to vote and have his vote 28 recorded on the roll unless he is present in the Hall of the 29 House during the roll call vote. 30 The Legislative Journal shall show the result of each roll 19770H0010R0077 - 25 -
1 call by yeas and nays and those absent and not voting. 2 RULE 66 3 Electric Roll Call 4 The names of the members shall be listed on the electric roll 5 call boards by party affiliation in alphabetical order, except 6 the name of the Speaker shall be last. 7 On any question requiring the "yeas" and "nays", the electric 8 roll call system shall be used. On all other questions to be 9 voted upon, the Speaker may, in his discretion, order the yeas 10 and nays taken by the electric roll call system or voice vote 11 or, upon demand of two members before the result of a vote has 12 been declared, the yeas and nays shall be taken by the electric 13 roll call system. 14 In the event the electric roll system is not in operating 15 order, the Speaker shall order all yea and nay votes be taken by 16 calling the roll, as provided in the Rules of the House. 17 The vote of any member which has not been recorded because of 18 mechanical malfunction of the electric roll call system shall be 19 entered on the Journal, if said member was in the Hall of the 20 House at the time of the vote and did cast his vote at the 21 appropriate time, and the fact of such malfunction is reported 22 to the Speaker of the House prior to the announcement of the 23 result of the vote. 24 When the House is ready to vote upon any question requiring 25 the yeas and nays and the vote is to be taken by the electric 26 roll call system, the Speaker shall state: "The question 27 .............. .............. .............. (Designating the 28 matter to be voted upon.)" The Speaker shall then unlock the 29 voting machine and announce, "The members shall now proceed to 30 vote." Once the voting has begun, it shall not be interrupted, 19770H0010R0077 - 26 -
1 except for the purpose of questioning the validity of a member's 2 vote before the result is announced. 3 When, in the judgment of the Speaker, reasonable time has 4 been allowed all members present in the House to vote (in no 5 event shall such time exceed ten minutes) he shall ask the 6 question: "Have all members present voted"? After a pause, the 7 Speaker shall lock the machine and instruct the Clerk to record 8 the vote, and the Speaker shall announce the result of the vote. 9 No member or other person shall be allowed at the Clerk's 10 desk while the yeas and nays are being recorded, or the vote 11 counted. 12 After the voting machine is locked, no member may change his 13 vote and the votes of tardy members will not be recorded. 14 The vote as electrically recorded on the roll of members 15 shall not in any manner be altered or changed by any person. 16 No member shall vote for another member, nor shall any person 17 not a member vote for a member. Any member who shall vote or 18 attempt to vote for another member, or a person not a member who 19 shall vote or attempt to vote for a member, may be punished in 20 such manner as the House determines. 21 Any member or other person who willfully tampers with or 22 attempts to disarrange, deface, impair or destroy in any manner 23 whatsoever the electrical voting equipment used by the House, or 24 who instigates, aids or abets with the intent to destroy or 25 change the record of votes thereon shall be punished in such 26 manner as the House determines. 27 A member who has been appointed by the Speaker to preside as 28 Speaker pro tempore may designate either the Majority or 29 Minority Whip to cast his vote on any question while he is 30 presiding in accordance with his instructions from the Chair. 19770H0010R0077 - 27 -
1 RULE 70 2 History of House Bills 3 and House Resolutions 4 A weekly History, showing the title and action on House bills 5 and the text and action on non-privileged resolutions, shall be 6 compiled and indexed under the direction of the Chief Clerk and 7 shall be printed and placed on each member's desk. 8 The House History shall include a cumulative index of laws 9 enacted during the session and the text of vetoes by the 10 Governor. 11 RULE 71 12 House Calendar 13 Bills and non-privileged resolutions reported from Committees 14 to the House with an affirmative recommendation shall be listed 15 on the calendar by the title in numerical order. House bills and 16 House resolutions shall precede Senate bills and Senate 17 resolutions. 18 Bills and non-privileged resolutions shall be listed on the 19 House Calendar for no more than fifteen consecutive legislative 20 days. At the end of the fifteenth consecutive legislative day 21 the said bill or non-privileged resolution shall be 22 automatically recommitted to the Committee from which it was 23 reported to the floor of the House. 24 Any bill or non-privileged resolution on the calendar which 25 cannot, by its status, be recommitted shall be removed from the 26 calendar and laid on the table, unless the House shall otherwise 27 direct. 28 RULE 78 29 Parliamentary Authority 30 Jefferson's Manual supplemented by Mason's Manual of 19770H0010R0077 - 28 -
1 Legislative Procedure shall be the parliamentary authority of 2 the House, if applicable and not inconsistent with the 3 Constitution of Pennsylvania, the laws of Pennsylvania 4 applicable to the General Assembly, the Rules of the House and 5 the established precedents of the House. A14L68JLW/19770H0010R0077 - 29 -