PRINTER'S NO. 77

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

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 A sponsor may not be added or withdrawn after a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    13     Bills may not be withdrawn after reference to committee.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.
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     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
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     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.

















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