PRINTER'S NO. 113
No. 1 Session of 2005
INTRODUCED BY S. H. SMITH, JANUARY 27, 2005
Presented, January 27, 2005
A RESOLUTION
1 Adopting Rules of the House.
2 RESOLVED, That the following be adopted as the permanent
3 rules for the 2005-2006 session of the House of Representatives.
4 (2005-2006)
5 RULES OF THE HOUSE OF REPRESENTATIVES
6 Definitions:
7 "Day" shall mean any calendar day.
8 "Floor of the House" shall be that area within the Hall of
9 the House between the Speaker's rostrum and the brass rail
10 behind the Members' seats.
11 "Formal Action" shall mean any vote or motion of a member of
12 a standing committee, standing subcommittee, select committee or
13 rules committee of the House of Representatives to report or not
14 report, amend, consider or table a bill or resolution and the
15 discussion and debate thereof.
16 "Hall of the House" shall be the floor space within its four
17 walls and does not include the adjoining conference rooms, the
1 lobbies or the upper gallery of the House.
2 "Legislative Day" shall mean any day that the House shall be
3 in session.
4 "Press Gallery" shall be within that area known as the Hall
5 of the House as designated by the Speaker.
6 "Roll Call Vote" shall be a vote taken and displayed by and
7 on the electric roll call board or in the event of a malfunction
8 of the electric roll call board, by such method as shall be
9 determined by the Speaker.
10 RULE 1
11 Speaker Presiding
12 The Speaker shall preside over the sessions of the House. He
13 may name a member to preside, but the substitution shall not
14 extend beyond an adjournment. He may appoint a member as Speaker
15 pro tempore to act in his absence for a period not exceeding ten
16 consecutive legislative days.
17 As presiding officer and in accordance with Article II § 2 of
18 the Constitution of Pennsylvania and the act of June 3, 1937
19 (P.L.1333, No.320), known as the Pennsylvania Election Code,
20 within ten days after the occurrence of a vacancy the Speaker
21 shall issue a writ for a special election to be held on a date
22 which shall occur on or before the date of the first primary,
23 municipal or general election which occurs not less than 60 days
24 after the issuance of the writ. The Speaker shall not be
25 required to issue a writ of election if the election cannot be
26 scheduled until after the general election.
27 In case of failure to make an appointment, the House shall
28 elect a Speaker pro tempore to act during the absence of the
29 Speaker.
30 The Speaker pro tempore shall perform all the duties of the
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1 Chair during the absence of the Speaker.
2 RULE 2
3 Taking the Chair
4 The Speaker shall take the Chair and call the members to
5 order on every legislative day at the hour to which the House
6 adjourned at the last sitting. On the appearance of a quorum,
7 the Speaker shall proceed to the regular order of business as
8 prescribed by the rules of the House.
9 RULE 3
10 Order and Decorum
11 The Speaker shall preserve order and decorum. In case of any
12 disturbance or disorderly conduct in the galleries or lobbies,
13 he shall have the power to order the same to be cleared.
14 The Speaker shall have the right to summon State Police to
15 assist in the preservation of order and decorum.
16 The Sergeant-at-Arms under the direction of the Speaker
17 shall, while the House is in session, maintain order on the
18 floor and its adjoining rooms. He shall enforce the rule with
19 respect to the conduct of visitors.
20 RULE 4
21 Questions of Order
22 The Speaker shall decide all questions of order subject to an
23 appeal by two members. The Speaker may, in the first instance,
24 submit the question to the House. Questions involving the
25 constitutionality of any matters shall be decided by the House.
26 On questions of order there shall be no debate except on an
27 appeal from the decision of the Speaker or on reference of a
28 question by him to the House. In either case, no member shall
29 speak more than once except by leave of the House.
30 Unless germane to the appeal, a second point of order is not
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1 in order while an appeal is pending; but, when the appeal is
2 disposed of, a second point of order is in order and is subject
3 to appeal.
4 RULE 5
5 Conference and Select Committee Appointments
6 All Committees of Conference shall be appointed by the
7 Speaker and shall be composed of three members, two of whom
8 shall be selected from the majority party and one from the
9 minority party.
10 The Speaker shall appoint the members of select committees,
11 unless otherwise ordered by the House.
12 RULE 6
13 Signature of the Speaker
14 The Speaker shall, in the presence of the House, sign all
15 bills and joint resolutions passed by the General Assembly after
16 their titles have been publicly read immediately before signing,
17 and the fact of signing shall be entered on the Journal.
18 Resolutions, addresses, orders, writs, warrants and subpoenas
19 issued by order of the House shall be signed by the Speaker and
20 attested by the Chief Clerk.
21 RULE 7
22 Oath to Employees
23 The Chief Clerk shall administer an oath or affirmation to
24 the employees of the House that they will severally support,
25 obey and defend the Constitution of the United States and the
26 Constitution of Pennsylvania, and that they will discharge the
27 duties of their offices with fidelity.
28 Each employee of the House, after taking the oath of office,
29 shall sign his name in the Oath Book in the presence of the
30 Chief Clerk.
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1 RULE 8
2 Supervision of Hall of the House
3 and Committee Rooms
4 Subject to the direction of the Speaker, the Chief Clerk
5 shall have supervision and control over the Hall of the House,
6 the caucus and committee rooms and all other rooms assigned to
7 the House.
8 During the sessions of the Legislature the Hall of the House
9 shall not be used for public or private business other than
10 legislative matters except by consent of the House. During
11 periods of recess of the House such use may be authorized by the
12 Speaker without the consent of the House.
13 RULE 9
14 Decorum
15 While the Speaker is putting a question or addressing the
16 House and during debate or voting, no member shall disturb
17 another by talking or walking up and down or crossing the floor
18 of the House.
19 RULE 9 (a)
20 Smoking
21 No smoking of cigarettes, cigars, pipes and other tobacco
22 products shall be allowed in the Hall of the House.
23 RULE 10
24 Debate
25 When a member desires to address the House, he shall rise and
26 respectfully address himself to "Mr. Speaker." Upon being
27 recognized, he may speak, confining himself to the question
28 under consideration and avoiding personal reflections.
29 When two or more members rise at the same time and ask for
30 recognition, the Speaker shall designate the member who is
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1 entitled to the floor.
2 No member, except the Majority and Minority Leaders, may
3 speak more than twice on any question, without the consent of
4 the House.
5 With the unanimous consent of the House a member may make a
6 statement not exceeding ten minutes in length concerning a
7 subject or matter not pending before the House for
8 consideration, providing the Majority and Minority Leaders have
9 agreed on a time the member is to ask for recognition.
10 RULE 11
11 Interruption of a Member who Has the Floor
12 A member who has the floor may not be interrupted, except for
13 questions of order or by a motion for the previous question.
14 With his consent, a member may yield the floor for questions
15 related to the subject before the House.
16 RULE 12
17 Personal Privilege
18 Any member may by leave of the Speaker rise and explain a
19 matter personal to himself, but he shall not discuss a pending
20 question in his explanation. Questions of personal privilege
21 shall be limited to questions affecting the rights, reputation
22 and conduct of members of the House in their respective
23 capacity.
24 RULE 13
25 Transgression of House Rules
26 If any member in speaking or otherwise transgresses the Rules
27 of the House, the Speaker or any member through the Speaker
28 shall call him to order, in which case he shall immediately sit
29 down unless permitted by the House to explain.
30 The House upon appeal shall decide the case without debate.
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1 If the decision is in favor of the member, he may proceed. If
2 the case requires it, he shall be liable to censure or other
3 punishment as the House deems proper.
4 RULE 14
5 Members' and Employees' Expenses
6 A member who attends a duly called meeting of a standing or
7 special committee of which he is a member when the House is not
8 in session or who is summoned to the State Capitol or elsewhere
9 by the Speaker, or the Majority or Minority Leader of the House,
10 to perform legislative services when the House is not in session
11 shall be reimbursed per day for each day of service, plus
12 mileage to and from his residence, at such rates as are
13 established from time to time by the Committee on Rules but not
14 in excess of the applicable maximum mileage rate authorized by
15 the Federal Government. For travel to any location for committee
16 meetings or for travel to the State Capitol for any reason,
17 members cannot receive reimbursement in excess of the applicable
18 maximum per diem rate authorized by the Federal Government.
19 These expenses shall be paid by the Chief Clerk from
20 appropriation accounts under his exclusive control and
21 jurisdiction, upon a written request approved by the Speaker of
22 the House, or the Majority or the Minority Leader of the House.
23 An employee of the House summoned by the Speaker or the
24 Majority or Minority Leader of the House to perform legislative
25 services outside of Harrisburg shall be reimbursed for actual
26 expenses and mileage to and from his residence. Such expenses
27 may be paid by the Speaker, Majority or Minority Leader, if they
28 agree to do so, or shall be paid by the Chief Clerk from
29 appropriation accounts under his exclusive control and
30 jurisdiction, upon a written request approved by the Speaker, or
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1 the Majority or the Minority Leader. District office employees
2 are only permitted to be reimbursed from an account under the
3 control of the Chief Clerk when traveling to Harrisburg for a
4 training program sponsored by either caucus or for travel to a
5 legislative conference approved by the Speaker, the Majority
6 Leader or the Minority Leader. All other travel by district
7 office employees may be reimbursed from the member's accountable
8 expenses or an account under the control of the Speaker, the
9 Majority Leader or the Minority Leader.
10 Members and employees traveling outside the Commonwealth of
11 Pennsylvania who receive any reimbursement for expenses or
12 travel which reimbursement is from public funds shall file with
13 the Chief Clerk a statement containing his name and the name,
14 place, date and the purpose of the function.
15 Money appropriated specifically to and allocated under a
16 specific symbol number for allowable expenses of members of the
17 House of Representatives shall be reimbursed to each member upon
18 submission of vouchers and any required documentation by each
19 member on forms prepared by the Chief Clerk of the House. No
20 reimbursement shall be made from this account where a member is
21 directly reimbursed for the same purpose from any other
22 appropriation account.
23 Such allowable expenses of members may be used for any
24 legislative purpose or function, including but not limited to
25 the following:
26 (1) Travel expense on legislative business.
27 (a) Mileage on session or nonsession days at a rate as
28 may be approved from time to time by the Committee on Rules,
29 but not in excess of the maximum mileage rate authorized by
30 the Federal Government for travel; voucher only.
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1 (b) Miscellaneous transportation on legislative business
2 (taxi, airport limousine parking, tolls), and expenses of a
3 similar nature; voucher only for any single expense not in
4 excess of $10.
5 (c) Travel on legislative business by common carrier
6 other than taxi and airport limousine; voucher and receipt
7 from common carrier.
8 (d) Car rental; voucher and receipt from rental agency
9 but reimbursement not to exceed in any month an amount as may
10 be approved from time to time by the Committee on Rules. Any
11 amount in excess of the said amount shall be paid by the
12 person renting the car. In no event shall other than American
13 manufactured cars be rented.
14 (e) Lodging, restaurant charges and other miscellaneous
15 and incidental expenses while away from home. Vouchers only
16 for per diem allowance approved from time to time by the
17 Committee on Rules, but not in excess of the applicable
18 maximum per diem rate authorized by the Federal Government or
19 for actual expenses not in excess of such per diem rate.
20 (2) Administrative, clerical and professional services for
21 legislative business, except for employment of spouses or any
22 relatives, by blood or marriage.
23 (a) Administrative and clerical services; voucher and
24 receipt from person employed.
25 (b) Professional services; voucher and receipt and copy
26 of agreement or contract of employment.
27 (3) Rent for legislative office space; purchase of office
28 supplies; postage; telephone and answering services; printing
29 services and rental only of office equipment; voucher and
30 vendor's receipt, except for postage expense. No reimbursement
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1 or expenditure shall be made out of any appropriation account
2 for any mass mailing including a bulk rate mailing made at the
3 direction or on behalf of any member which is mailed or
4 delivered to a postal facility within 60 days immediately
5 preceding any primary or election at which said member is a
6 candidate for public office.
7 Mass mailing shall mean a newsletter or similar mailing of
8 more than 50 pieces in which the content of the matter is
9 substantially identical. Nothing in this rule shall apply to any
10 mailing which is in direct response to inquiries or requests
11 from persons to whom matter is mailed, which is addressed to
12 colleagues in the General Assembly or other government officials
13 or which consists entirely of news releases to the
14 communications media.
15 (4) Official entertainment--restaurant and beverage charges;
16 voucher only for expenses. Receipts for entertainment expenses,
17 together with a statement of the reason for the expense, shall
18 be submitted with the request for reimbursement.
19 (5) Purchase of flags, plaques, publications, photographic
20 services, books, and other similar items in connection with
21 legislative activities; voucher and vendor's receipt.
22 (6) Communications and donations in extending
23 congratulations or sympathy of illness or death; voucher only on
24 expenses not in excess of $35.
25 No money appropriated for members' and employees' expenses
26 shall be used for contributions to political parties or their
27 affiliated organizations or to charitable organizations or for
28 charitable advertisements.
29 All disbursements made, debts incurred or advancements paid
30 from any appropriation account made to the House or to a member
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1 or nonmember officer under a General Appropriation Act or any
2 other appropriation act shall be recorded in a monthly report
3 and filed with the Chief Clerk by the person authorized to make
4 such disbursement, incur any debt or receive any advancement on
5 a form prescribed by the Chief Clerk.
6 The Chief Clerk shall prescribe the form of all such reports
7 and make such forms available to those persons required to file
8 such reports. Such report form shall include:
9 (1) As to personnel:
10 (a) The name, home address, job title, brief description
11 of duties and where they are performed, department or member
12 or members to whom assigned, the name of immediate supervisor
13 and minimum hours of employment per week of each employee.
14 (b) The appropriation account from which such employee
15 is compensated, the amount of compensation and whether such
16 person is on salary, per diem or contract.
17 (2) As to all other expenditures:
18 (a) To whom it was paid, the amount thereof, and the
19 nature of the goods, services or other purpose for which the
20 expenditure was made.
21 (b) The appropriation account from which the expenditure
22 was made and the name or names of the person or persons
23 requesting and/or authorizing the same.
24 A copy of each such report shall also be filed with the
25 Special Committee on Internal Affairs and House Administration
26 for use in the performance of its duties under Rule 47(a).
27 The reporting requirements as to personnel may be fulfilled
28 by the maintenance in the Office of the Chief Clerk of the House
29 of an alphabetized file containing the current information for
30 each employee as set forth above.
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1 All monthly reports filed on disbursements made or debts
2 incurred by any officer or member or employee from
3 appropriations made to the House or to a member or nonmember
4 officer under any General Appropriation Act, and the
5 documentation for each disbursement, shall be public information
6 and shall be available for public inspection during regular
7 business hours in the office of the Chief Clerk. The Chief Clerk
8 shall prescribe reasonable rules and regulations for inspection
9 of such reports but in no case shall inspection be denied to any
10 person for a period exceeding 48 hours (excluding Saturdays and
11 Sundays) from the time a written request has been submitted to
12 the Chief Clerk. Photocopies of such reports shall be made
13 available upon request to a member at no charge or to the public
14 for a duplication fee as may be fixed by the Chief Clerk. Such
15 reports shall be made available to a member or to the public on
16 or before the last day of the month next succeeding the month in
17 which the report was filed.
18 All vouchers and requisitions relating to all expenditures,
19 expenses, disbursements and other obligations out of all
20 appropriated funds of the House, and the documentation
21 evidencing payment of the vouchers and requisitions, shall be
22 available for public inspection during regular business hours in
23 the office of the Chief Clerk or at such other location within
24 the Capitol as the Chief Clerk shall prescribe. Nothing in this
25 rule shall require release of any information deemed
26 confidential, including, but not limited to, a telephone number,
27 a credit card number and a Social Security number.
28 All requests to review payroll and independent contractor
29 records of the House or any other vouchers or requisitions for
30 funds appropriated to the House shall be made to the Chief
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1 Clerk, in writing, at least three working days prior to the date
2 on which the review is requested. The request shall be signed by
3 the party who will be making the review and it shall indicate
4 the name of the organization or entity employing such
5 individual. The Chief Clerk shall establish a time during normal
6 business hours for the review to occur and he shall provide that
7 the review shall not interfere with the necessary functioning of
8 the Chief Clerk's office.
9 All requests for reimbursement out of any appropriation shall
10 be accompanied by a voucher, or other documents where required,
11 evidencing payment or approval. The voucher form shall be
12 approved and supplied by the Chief Clerk. Receipts or
13 documentation of every expenditure or disbursement which is in
14 excess of the maximum amount as set forth herein shall be
15 attached to the voucher. Where a request for payment is made in
16 advance of an expense actually incurred, the Chief Clerk, before
17 making such advance payment shall require a description
18 satisfactory to the Chief Clerk of the item or service to be
19 purchased or the expense to be incurred, and a receipt or other
20 documentation shall be given to the Chief Clerk after the item
21 or service has been purchased or expense incurred as evidence
22 that such advancement was in fact expended for such purpose.
23 All reports, vouchers and receipts from which reports are
24 prepared and filed shall be retained by the Chief Clerk, officer
25 or member, as the case may be, for such period of time as may be
26 necessary to enable the Legislative Audit Advisory Commission
27 created pursuant to the act of June 30, 1970 (P.L.442, No.151)
28 to conduct, through certified public accountants appointed by
29 it, annual audits to assure that such disbursements made or
30 debts incurred were in accordance with Legislative Audit
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1 Advisory Commission guidelines and standards as approved by the
2 Committee on Rules, or for a minimum of three years, whichever
3 is longer. All annual audit reports shall be available for
4 public inspection. Photocopies of such reports shall be
5 available for a fee established by the Chief Clerk not to exceed
6 the cost of duplication.
7 All expenditures of funds appropriated to the House or to a
8 member or nonmember officer shall be subject to the expenditure
9 guidelines established by the Rules Committee. The Rules
10 Committee shall establish standards regarding documentation
11 evidencing payment out of any appropriations account made to the
12 House or to a member or nonmember officer.
13 RULE 15
14 Time of Meeting
15 The House shall convene on the first legislative day of the
16 week at 1:00 P.M. prevailing time, unless otherwise ordered by a
17 roll call vote of the majority of those elected to the House.
18 On other days the House shall convene at the discretion of
19 the House.
20 RULE 16
21 Quorum
22 A majority of the members shall constitute a quorum, but a
23 smaller number may adjourn from day to day and compel the
24 attendance of absent members. (Constitution, Article II, Section
25 10).
26 When less than a quorum vote on any question, the Speaker
27 shall forthwith order the doors of the House closed and the
28 names of the members present shall be recorded. If it is
29 ascertained a quorum is present, either by answering to their
30 names or by their presence in the House, the Speaker shall again
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1 order the yeas and nays. If any member present refuses to vote,
2 his refusal shall be deemed a contempt. Unless purged, the House
3 may order the Sergeant-at-Arms to remove the member or members
4 without the bar of the House. All privileges of membership shall
5 be refused the member or members so offending until the contempt
6 is purged.
7 RULE 17
8 Order of Business
9 The daily order of business shall be:
10 (1) Prayer by the Chaplain.
11 (2) Pledge of Allegiance.
12 (3) Correction and approval of the Journal.
13 (4) Leaves of absence.
14 (5) Master Roll Call.
15 (6) Reports of Committee.
16 (7) First consideration bills.
17 (8) Second consideration bills.
18 (9) Third consideration bills, final passage bills
19 (including both third consideration and final passage
20 postponed bills) and resolutions.
21 (10) Final passage bills recalled from the Governor.
22 (11) Messages from the Senate and communications from the
23 Governor.
24 (12) Reference to appropriate committees of bills,
25 resolutions, petitions, memorials, remonstrances and
26 other papers.
27 (13) Unfinished business on the Speaker's table.
28 (14) Announcements.
29 (15) Adjournment.
30 Any question may, by a majority vote of the members elected,
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1 be made a special order of business. When the time arrives for
2 its consideration, the Speaker shall lay the special order of
3 business before the House.
4 In lieu of offering House Resolutions on topics of importance
5 to members, any member, without unanimous consent, may address
6 the House on such issue and have his or her remarks entered into
7 the record during a special period of time established each week
8 by the Speaker at the conclusion of House business on a specific
9 day.
10 RULE 18
11 Introduction and Printing of Bills
12 Bills shall be introduced in quadruplicate, signed and dated
13 by each member who is a sponsor of the bill, and filed with the
14 Chief Clerk on any day that the offices of the House of
15 Representatives are open for business. A sponsor may be added or
16 withdrawn upon written notice to the Speaker, Majority Leader,
17 Minority Leader and the prime sponsor. In the case of
18 withdrawals, the names shall be withdrawn if and when the bill
19 is reprinted. Additional sponsors may be added only by the prime
20 sponsor by providing written notice to the Speaker, Majority
21 Leader and Minority Leader.
22 Bills introduced when received at the Chief Clerk's desk
23 shall be numbered consecutively and delivered to the Speaker,
24 who shall refer each bill to an appropriate committee on any day
25 whether or not the House is in session. If the resolution
26 creating a select committee authorizes the referral of bills to
27 that committee, the Speaker, in his discretion, may refer bills,
28 within the scope of the resolution, to such select committee.
29 Insofar as applicable, the select committee shall consider and
30 report bills in accordance with the rules governing the
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1 consideration and reporting of bills by standing committees. The
2 Speaker shall report to the House the committees to which bills
3 have been referred, either on the day introduced or received or
4 on the next two legislative days the House is in session, unless
5 the House is in recess for more than four consecutive days in
6 which case the Speaker shall provide a list to the Majority
7 Leader and the Minority Leader, within two calendar days, of all
8 bills which were referred during such period when the House was
9 not in session.
10 If the Speaker neglects or refuses to refer to committee any
11 bill or bills (whether House or Senate) as above after
12 introduction or presentation by the Senate for concurrence, any
13 member may move for the reference of the bill to an appropriate
14 committee. If the motion is carried, said bill or bills shall be
15 immediately surrendered by the Speaker to the committee
16 designated in said motion.
17 The first copy of each bill introduced shall be for the
18 committee, the second copy shall be for the printer, the third
19 copy shall be for the news media and the fourth copy shall be
20 for the Legislative Reference Bureau.
21 Every bill, after introduction and reference to committee,
22 shall be printed.
23 Bills may not be withdrawn after reference to committee.
24 RULE 19
25 Bills Referred to Committees
26 No bill shall be considered unless referred to a committee,
27 printed for the use of the members and returned therefrom.
28 (Constitution, Article III, Section 2).
29 RULE 19 (a)
30 Fiscal Notes
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1 (1) No bill, except a General Appropriation bill or any
2 amendments thereto, which may require an expenditure of
3 Commonwealth funds or funds of any political subdivision or
4 which may entail a loss of revenues overall, or to any
5 separately established fund shall be given second consideration
6 reading on the calendar until it has first been referred to the
7 Appropriations Committee for a fiscal note, provided however
8 that the Rules Committee may by an affirmative vote of three-
9 quarters of the entire membership to which such committee is
10 entitled:
11 (a) Waive the recommittal to the Appropriations
12 Committee and provide that the fiscal note be attached to the
13 bill while on the active calendar. The providing of such note
14 shall be a priority item for the Appropriations Committee; or
15 (b) Waive the necessity of a fiscal note on any bill
16 which it deems to have a de minimis fiscal impact or which
17 merely authorizes, rather than mandates, an increase in
18 expenditures or an action that would result in a loss of
19 revenue.
20 (2) Nothing herein shall preclude any member from moving, at
21 the proper time, the recommittal of any bill to the
22 Appropriations Committee for a fiscal note.
23 (3) The Appropriations Committee shall be limited in its
24 consideration of any such bill to the fiscal aspects of the bill
25 and shall not consider the substantive merits of the bill nor
26 refuse to report any such bill from committee for reasons other
27 than fiscal aspects. The fiscal note shall accompany the bill
28 and provide the following information in connection with the
29 Commonwealth and its political subdivisions:
30 (a) The designation of the fund out of which the
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1 appropriation providing for expenditures under the bill shall
2 be made;
3 (b) The probable cost of the bill for the fiscal year of
4 its enactment;
5 (c) A projected cost estimate of the program for each of
6 the five succeeding fiscal years;
7 (d) The fiscal history of the program for which
8 expenditures are to be made;
9 (e) The probable loss of revenue from the bill for the
10 fiscal year of its enactment;
11 (f) A projected loss of revenue estimate from the bill
12 for each of the five succeeding fiscal years;
13 (g) The line item, if any, of the General Appropriation
14 Bill out of which expenditures or losses of Commonwealth
15 funds shall occur as a result of the bill;
16 (h) The recommendation, if any, of the Appropriations
17 Committee and the reasons therefor relative to the passage or
18 defeat of the bill; and
19 (i) A reference to the source of the data from which the
20 foregoing fiscal information was obtained, and an explanation
21 of the basis upon which it is computed.
22 (4) No bill which may result in an increase in the
23 expenditure of Commonwealth funds shall be given second
24 consideration reading on the calendar until the Appropriations
25 Committee has certified that provision has been made to
26 appropriate funds equal to such increased expenditure. Whenever
27 the Appropriations Committee cannot so certify, the bill shall
28 be returned to the committee from which it was last reported for
29 further consideration and/or amendment.
30 (5) No amendment to a bill, concurrences in Senate
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1 amendments, or adoption of a conference report which may result
2 in an increase in the expenditure of Commonwealth funds or those
3 of a political subdivision or which may entail a loss of
4 revenues in addition to that originally provided for in the bill
5 prior to the proposed changes nor any bill requiring a fiscal
6 note for which re-referral to the Appropriations Committee has
7 been waived by the Rules Committee shall be voted upon until a
8 fiscal note is available for distribution to the members with
9 respect to such changes or to such bill showing the fiscal
10 effect of the changes with respect to the bill, and containing
11 the information set forth by subsection (3) of this rule.
12 (5.1) All requests for fiscal notes on amendments must be
13 submitted to the Appropriations Committee by 2:00 P.M. of the
14 last legislative day preceding the scheduled vote. The amendment
15 must accompany the request for a fiscal note. If the fiscal note
16 request cannot be submitted in accordance with this subsection
17 because the amendment is still being prepared by the Legislative
18 Reference Bureau, the member must, by the deadline set forth in
19 this subsection, provide the Appropriations Committee with a
20 statement prepared by the member which contains the factual
21 content of the amendment and which meets the requirements of
22 Rule 21. A fiscal note on an amendment shall not be issued
23 unless the printed amendment has been submitted by the member to
24 the Appropriations Committee for its review.
25 (6) In obtaining the information required by these rules,
26 the Appropriations Committee may utilize the services of the
27 Budget Bureau and any other State agency as may be necessary.
28 (7) Any bill proposing any change relative to the retirement
29 system of the Commonwealth or any political subdivision thereof,
30 funded in whole or in part out of the public funds of the
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1 Commonwealth or any political subdivision, shall have attached
2 to it an actuarial note. Except for the provisions pertaining to
3 the content of fiscal notes as set forth in paragraphs (a)
4 through (i) of subsection (3), all the provisions pertaining to
5 and procedures required of bills containing fiscal notes, shall,
6 where applicable, also be required for bills containing
7 actuarial note. The actuarial note shall contain a brief
8 explanatory statement or note which shall include a reliable
9 estimate of the financial and actuarial effect of the proposed
10 change in any such retirement system.
11 RULE 19 (b)
12 General Appropriation Bill and Non-Preferred Bills
13 This rule shall apply to all amendments offered to the
14 General Appropriation Bill for each proposed fiscal year
15 including any amendments offered to or for supplemental
16 appropriations to prior fiscal years contained within the
17 General Appropriation Bill, and shall also apply to all
18 amendments offered to any non-preferred appropriation bill for
19 the same fiscal year.
20 Any amendment offered on the floor of the House to the
21 General Appropriation Bill that proposes to increase spending of
22 State dollars for the Commonwealth's proposed fiscal year or
23 prior fiscal years above the levels contained in the General
24 Appropriation Bill as reported from the Appropriations Committee
25 plus any aggregate if certified each year by the Appropriations
26 Committee shall not be in order and may not be considered unless
27 the same amendment contains sufficient reductions in line items
28 of that General Appropriation Bill so that the amendment offered
29 does not result in a net increase in the total proposed spending
30 contained within the General Appropriation Bill plus any
20050H0001R0113 - 21 -
1 aggregate if certified by the Appropriations Committee.
2 Any amendment offered on the floor of the House to any non-
3 preferred appropriation bill that proposes to increase spending
4 of State dollars for the current fiscal year above the levels
5 contained in that non-preferred appropriation bill as reported
6 from the Appropriations Committee shall not be in order and may
7 not be considered unless the same amendment contains sufficient
8 reductions in that non-preferred appropriation bill so that the
9 amendment offered does not result in a net increase in the total
10 proposed spending contained within that non-preferred
11 appropriation bill.
12 In order to be considered, amendments to the General
13 Appropriation Bill must be submitted to the Office of the Chief
14 Clerk by 2:00 P.M. of the Monday of the week prior to the
15 scheduled vote of the General Appropriation Bill. The
16 Appropriations Committee for special and proper reason and by
17 majority vote, may waive this deadline. Members shall be
18 notified of the scheduled vote on the General Appropriation Bill
19 no later than 4:30 P.M. of the Wednesday preceding the above
20 noted Monday on which the amendments must be filed to the Bill.
21 Rule 21 of the Rules of the House, insofar as it applies to the
22 filing deadline for amendments and notice requirements for the
23 voting schedule for the General Appropriation Bill, shall not
24 apply to this rule. Rule 21 shall, however, apply to the non-
25 preferred appropriation bills.
26 If the amendment cannot be submitted in accordance with the
27 provision of the previous paragraph because it is still being
28 prepared by the Legislative Reference Bureau, the member must,
29 by 2:00 P.M. on the Monday of the week prior to the scheduled
30 vote, provide the Office of the Chief Clerk with a statement,
20050H0001R0113 - 22 -
1 prepared by the member containing the factual content and exact
2 amounts of increases and decreases in line items which would be
3 proposed in the amendment, along with certification from the
4 Legislative Reference Bureau that the amendment was submitted to
5 the Legislative Reference Bureau prior to 2:00 P.M. on the
6 aforementioned Monday. This filing deadline does not apply to
7 amendments to any non-preferred appropriation bill.
8 Debate on any debatable question related to the General
9 Appropriation Bill or a nonpreferred appropriation bill shall be
10 limited to five minutes each time a member is recognized. On the
11 bill a sponsor of an amendment shall be entitled to be
12 recognized twice, a maker of a debatable motion shall be
13 entitled to be recognized twice, any other members shall be
14 entitled to be recognized once.
15 This rule may be temporarily suspended only by two-thirds
16 vote of the members elected to the House by a roll call vote.
17 RULE 20
18 Bills Confined to One Subject
19 No bill shall be passed containing more than one subject,
20 which shall be clearly expressed in its title, except a general
21 appropriation bill or a bill codifying or compiling the law or a
22 part thereof. (Constitution, Article III, Section 3).
23 RULE 21
24 Consideration of Bills
25 Every bill and every joint resolution shall be considered on
26 three different days. All amendments made thereto shall be
27 printed for the use of the members before the final vote is
28 taken thereon, and before the final vote is taken, upon written
29 request addressed to the presiding officer by at least 25% of
30 the members elected to the House, any bill shall be read at
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1 length. No bill shall become law and no joint resolution adopted
2 unless, on its final passage, the vote is taken by yeas and
3 nays, the names of the persons voting for and against it are
4 entered on the Journal, and a majority of the members elected to
5 the House is recorded thereon as voting in its favor.
6 (Constitution, Article III, Section 4).
7 Members shall be notified of bills and resolutions scheduled
8 to be voted no later than prior to the close of business at 4:30
9 P.M. of the second legislative day prior to the scheduled vote
10 on final passage for legislation that has no legal deadline.
11 (The General Appropriation Act and non-preferred bills are
12 included within the definition of legislation that has no legal
13 deadline.) All amendments shall be submitted to the Office of
14 the Chief Clerk by 2:00 P.M. of the last legislative day
15 preceding the scheduled vote. No vote on final passage can occur
16 before the date of the scheduled vote.
17 If the amendment cannot be submitted in accordance with the
18 above paragraph because it is still being prepared by the
19 Legislative Reference Bureau, the member must provide the Office
20 of the Chief Clerk with a statement, by the above-noted 2:00
21 P.M. deadline, prepared by the member containing the factual
22 content of said amendment along with certification from the
23 Legislative Reference Bureau that the amendment was submitted to
24 the Legislative Reference Bureau for drafting prior to the
25 above-noted 2:00 P.M. deadline.
26 Members shall be notified no later than one hour prior to the
27 consideration of all bills on concurrence, unless the
28 concurrence is the General Appropriation Bill, in which case at
29 least 24 hours' notice shall be provided. Additionally, members
30 shall be notified and conference committee reports shall be
20050H0001R0113 - 24 -
1 available to members at least 24 hours prior to the adoption of
2 all conference committee reports. When these reports are
3 considered on the first legislative day of the week, said notice
4 shall be provided no later than the close of business on the
5 last business day preceding the vote.
6 RULE 22
7 First Consideration Bills
8 Bills reported from committees shall be considered for the
9 first time when reported and shall then be automatically removed
10 from the calendar and laid on the table, except House bills
11 reported from committees after the first Monday in June until
12 the first Monday in September which shall then be automatically
13 recommitted to the Committee on Rules.
14 After the first Monday in September, any bill which was
15 automatically recommitted to the Committee on Rules pursuant to
16 this Rule 22 shall automatically be re-reported to the floor of
17 the House and laid on the table.
18 The Rules Committee shall not in any instance have the power
19 to amend a bill that has already gone through another committee.
20 Any bill which was automatically laid on the table pursuant
21 to this Rule 22 and has remained on the table for 15 legislative
22 days shall automatically be removed from the table and returned
23 to the calendar for second consideration the next legislative
24 day.
25 Any bill which was automatically laid on the table pursuant
26 to this Rule 22 may be removed from the table by motion of the
27 Majority Leader, or his designee, acting on a report of the
28 Committee on Rules. Such report shall be in writing and a copy
29 thereof distributed to each member. Any bill so removed from the
30 table shall be placed on the second consideration calendar on
20050H0001R0113 - 25 -
1 the legislative day following such removal. Nothing herein shall
2 affect the right of any member to make a motion to remove a bill
3 from the table.
4 Amendments shall not be proposed, nor is any other motion in
5 order on first consideration.
6 Bills shall not be considered beyond first consideration
7 until the latest print thereof is on the desks of the members.
8 Any noncontroversial bill, which is defined as any bill,
9 other than an appropriations bill, approved by a committee with
10 no negative votes or abstentions, and with the approval of the
11 Majority Leader and the Minority Leader, shall be placed on an
12 uncontested calendar. Bills on the uncontested calendar shall be
13 voted upon by a single roll-call vote. Each bill listed on the
14 uncontested calendar will be printed separately in the journal
15 with the vote recorded on the approval of the uncontested
16 calendar as the vote on final passage of each bill contained
17 therein.
18 If any member should object to the placement of a bill on the
19 uncontested calendar, the bill shall be automatically removed
20 from the uncontested calendar and placed on the regular calendar
21 the next legislative day.
22 RULE 23
23 Second Consideration Bills
24 Bills on second consideration shall be considered in their
25 calendar order and be subject to amendment.
26 No House bill on second consideration shall be considered
27 until called up by a member.
28 RULE 24
29 Third Consideration and Final Passage Bills
30 Bills on third consideration and final passage shall be
20050H0001R0113 - 26 -
1 considered in their calendar order.
2 A bill on third consideration may be amended.
3 After a bill is agreed to on third consideration, prior to
4 voting, if the bill has not been caucused upon by both caucuses
5 or if the bill is not available on the Legislative Data
6 Processing floor system, the title or a brief analysis of the
7 bill shall be read.
8 The Speaker shall then state the question as follows:
9 "This bill has been considered on three different days
10 and agreed to and is now on final passage."
11 "The question is, shall the bill pass finally?"
12 "Agreeable to the provision of the Constitution, the yeas
13 and nays will now be taken."
14 When more than one bill shall be considered at the same time,
15 prior to voting, if the bill has not been caucused upon by both
16 caucuses or if the bill is not available on the Legislative Data
17 Processing floor system, the title or a brief analysis of the
18 bill shall be read.
19 The Speaker shall then state the question as follows:
20 "These bills have been considered on three different days
21 and agreed to and are now on final passage."
22 "The question is, shall the bills on the uncontested
23 calendar pass finally?"
24 "Agreeable to the provision of the Constitution, the yeas
25 and nays will now be taken."
26 RULE 25
27 Defeated Bills
28 When a bill or resolution has been defeated by the House, it
29 shall not be reintroduced, or, except as provided in Rule 26, be
30 reconsidered, nor shall it be in order to consider a similar
20050H0001R0113 - 27 -
1 one, or to act on a Senate bill or resolution of like import,
2 during the same session.
3 RULE 26
4 Reconsideration
5 A motion to reconsider the vote by which a bill, resolution
6 or other matter was passed or defeated shall be made in writing
7 by two members. The motion shall be in order only under the
8 order of business in which the vote proposed to be reconsidered
9 occurred and shall be decided on a roll-call vote by a majority
10 vote. No motion to reconsider shall be in order when the bill,
11 resolution or other matter is no longer in the possession of or
12 is not properly before the House.
13 A motion to reconsider any such vote must be made on the same
14 day on which the initial vote was taken or within the succeeding
15 five days in which the House is in session, provided such bill,
16 resolution or other matter is still in the possession of or is
17 properly before the House.
18 When a motion to reconsider any such vote is made within the
19 aforesaid time limits and is decided by the affirmative vote
20 prescribed herein, the question immediately recurs on the bill,
21 resolution or other matter reconsidered.
22 Where a bill, resolution or other matter has been initially
23 defeated and a motion to reconsider is not timely made, then
24 such bill, resolution or other matter shall carry the status of
25 "defeated finally" and not properly before the House. Therefore,
26 it shall not be in order to entertain a motion to reconsider any
27 such vote.
28 Where a timely made motion to reconsider is lost, it shall
29 not be in order to again entertain a motion to reconsider any
30 such vote, even though such second motion to reconsider is
20050H0001R0113 - 28 -
1 timely made.
2 Where a bill, resolution, or other matter has been initially
3 defeated, and a timely made motion to reconsider the vote is
4 lost, or if no motion to reconsider the vote was timely made,
5 then it shall not be in order for the House thereafter to
6 receive or consider a new bill, resolution or other matter
7 embracing therein a subject or purpose basically identical to or
8 of similar import to the subject matter or purpose of the bill,
9 resolution or matter initially defeated.
10 The vote on a bill or resolution recalled from the Governor
11 may be reconsidered at any time after the bill or resolution has
12 been returned to the House.
13 No bill, resolution or other matter may be reconsidered more
14 than twice on the same legislative day.
15 RULE 27
16 Amendments
17 No bill shall be amended so as to change its original
18 purpose. (Constitution, Article III, Section 1).
19 No motion or proposition on a subject different from that
20 under consideration shall be admitted under color of amendment.
21 Any member may move to amend a bill or resolution, provided
22 the proposed amendment is germane to the subject. Questions
23 involving whether an amendment is germane to the subject shall
24 be decided by the House.
25 No amendment to an amendment shall be admitted nor
26 considered.
27 If an amendment is not filed in a timely manner pursuant to
28 the provisions of House Rule 21, then the sponsor of the
29 amendment shall explain the amendment prior to consideration by
30 the House.
20050H0001R0113 - 29 -
1 Before consideration, nine typewritten copies of a proposed
2 amendment signed by its sponsor shall be presented to the
3 Speaker, one copy of which shall be delivered to the news media
4 and a printed copy in typewritten form prepared by the
5 Legislative Reference Bureau shall be placed on the desk of each
6 member if the amendment is not available on the Legislative Data
7 Processing floor system.
8 Amendments adopted or defeated may not be considered again
9 without first reconsidering the vote.
10 RULE 28
11 Bills Amending Existing Law
12 Bills amending existing law shall indicate present language
13 to be omitted by placing it within brackets and new language to
14 be inserted by underscoring. (Constitution, Article III, Section
15 6).
16 RULE 29
17 Form for Printing Amendments
18 In printing amendments to bills and resolutions, all new
19 matter added shall be in CAPITAL LETTERS, and matter to be
20 eliminated shall be indicated by strike-out type.
21 In reprinting House bills previously amended by the House and
22 in reprinting Senate bills previously amended by the Senate, but
23 not in Senate bills previously amended by the House, all matters
24 appearing in strike-out type shall be dropped from the new print
25 and all matter appearing in CAPITAL LETTERS shall be reset in
26 lower case Roman type.
27 RULE 30
28 Bills Amended by the Senate
29 When a bill or joint resolution has been amended by the
30 Senate and returned to the House for concurrence, it shall be
20050H0001R0113 - 30 -
1 referred automatically to the Committee on Rules immediately
2 upon the reading of the message from the Senate by the Clerk.
3 The Committee on Rules may amend any bill or resolution
4 containing Senate amendments.
5 When said bill or resolution has been favorably reported by
6 the Committee on Rules, either as committed or as amended, said
7 bill or resolution shall be placed on the calendar and copies
8 thereof shall be placed on the desks of the members. When acting
9 on bills or joint resolutions amended by the Senate, the
10 amendments shall be read and the question put on the concurrence
11 in the amendments.
12 The House shall not consider any proposed amendment to any
13 amendment made by the Senate to a bill or joint resolution, nor
14 consider any amendment to any amendment made by the Committee on
15 Rules.
16 A majority vote of the members elected to the House taken by
17 yeas and nays shall be required to concur in amendments made by
18 the Senate, except for appropriations to charitable and
19 educational institutions not under the absolute control of the
20 Commonwealth, where a vote of two-thirds of all the members
21 elected to the House shall be required to concur. (Constitution,
22 Article III, Sections 5 and 30).
23 RULE 31
24 Bills Vetoed by the Governor
25 When the Governor has returned a bill to the House with his
26 objections, the veto message shall be read and the House shall
27 proceed to reconsider it. (Constitution, Article IV, Section
28 15).
29 RULE 32
30 Hospital and Home Appropriations or
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1 Acquiring Lands of the Commonwealth
2 No bills appropriating moneys to State-aided hospitals or
3 State-aided homes shall be introduced in the House, except such
4 as appropriate in single bills the total sum to be appropriated
5 to all of the institutions within the same class or group.
6 Requests for appropriations for particular State-aided hospitals
7 or State-aided homes shall be filed with the Chairman of the
8 Committee on Appropriations on forms to be furnished by the said
9 Committee on Appropriations, and shall be signed by the member
10 requesting the appropriation.
11 No bill granting or conveying Commonwealth lands or taking
12 title thereto shall be reported by any committee to the House
13 unless there has been filed with the Chief Clerk and the
14 chairman of the reporting committee a memorandum from the
15 Department of General Services indicating the use to which the
16 property is presently employed, the full consideration for the
17 transfer, if any, a departmental appraisal of the property,
18 including its valuation and a list of recorded liens and
19 encumbrances, if any, the use to which the property will be
20 employed upon its transfer, the date by which the land is needed
21 for its new use, and the legislative district or districts in
22 which the land is located. The memorandum shall contain a
23 statement by a responsible person in the Department of General
24 Services indicating whether or not the administration favors the
25 transfer which is the subject of the bill under consideration.
26 RULE 33
27 Special Legislation
28 No local or special bill shall be passed by the House unless
29 notice of the intention to apply therefor has been published in
30 the locality where the matter or the thing to be affected may be
20050H0001R0113 - 32 -
1 situated, which notice shall be at least 30 days prior to the
2 introduction into the General Assembly of such bill and in the
3 manner provided by law; the evidence of such notice having been
4 published shall be exhibited in the General Assembly before the
5 act shall be passed. (Constitution, Article III, Section 7).
6 No local or special bill shall be considered in violation of
7 Article III, Section 32, of the Constitution.
8 RULE 34
9 Nonpreferred Appropriations
10 No bill shall be passed appropriating money to any charitable
11 or educational institution not under absolute control of the
12 Commonwealth, except by a vote of two-thirds of all members
13 elected. (Constitution, Article III, Section 17).
14 RULE 35
15 House and Concurrent Resolutions
16 Members introducing resolutions other than concurrent
17 resolutions shall file five copies thereof; seven copies of
18 concurrent resolutions shall be filed. All resolutions shall be
19 signed by their sponsors, dated and filed with the Chief Clerk.
20 After being numbered, one copy of all resolutions shall be given
21 to the news media and all other copies delivered to the Speaker.
22 A sponsor may not be added or withdrawn after a resolution has
23 been printed. Resolutions may not be withdrawn after reference
24 to a committee.
25 Unless privileged under Rule 36 for immediate consideration
26 or deemed noncontroversial by the Speaker in consultation with
27 the Majority Leader and the Minority Leader, the Speaker shall
28 refer House resolutions (except discharge resolutions) and
29 Senate resolutions presented to the House for concurrence to
30 appropriate committees.
20050H0001R0113 - 33 -
1 House resolutions deemed noncontroversial by the Speaker,
2 including, but not limited to, condolence and congratulatory
3 resolutions, shall be considered under the proper order of
4 business on the same day as introduced or within two legislative
5 days thereafter without being referred to committee.
6 The Speaker shall report to the House the committees to which
7 resolutions have been referred, either on the day introduced or
8 received or the next two legislative days the House is in
9 session.
10 A resolution introduced in the House and referred to
11 committee shall be printed and placed in the House files.
12 When a resolution (House or Senate) is reported from
13 committee, it shall be placed on the calendar and may be called
14 up by a member for consideration by the House under the order of
15 business of resolutions. A House resolution other than a
16 concurrent or joint resolution shall be adopted by a majority of
17 the members voting.
18 RULE 36
19 Privileged Resolutions
20 Resolutions privileged for the immediate consideration of the
21 House are those:
22 (1) Recalling from or returning bills to the Governor.
23 (2) Recalling from or returning bills to the Senate.
24 (3) Originated by the Committee on Rules.
25 (4) Providing for a Joint Session of the Senate and House
26 and its procedure.
27 (5) Placing bills negatived by committees on the calendar.
28 (6) Adjournment or recess.
29 RULE 37
30 Legislative Citation
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1 A member making a request that a Legislative Citation be
2 issued to a particular person or on a specified occasion shall
3 provide the Legislative Reference Bureau with the facts
4 necessary for the preparation of the citation on a suitable
5 form.
6 The citation request shall be filed with the Chief Clerk and
7 automatically referred to the Speaker who may approve and sign
8 such citation on behalf of the House of Representatives.
9 One original citation shall be issued by the Chief Clerk.
10 RULE 38
11 Sine Die and Final Introduction of Bills
12 Resolutions fixing the time for adjournment of the General
13 Assembly sine die and the last day for introduction of bills in
14 the House shall be referred to the Committee on Rules before
15 consideration by the House.
16 RULE 39
17 Petitions, Remonstrances and Memorials
18 Petitions, remonstrances, memorials and other papers
19 presented by a member shall be signed, dated and filed with the
20 Chief Clerk to be by him handed to the Speaker for reference to
21 appropriate committees.
22 The Speaker shall report to the House the committees to which
23 petitions, remonstrances, memorials and other papers have been
24 referred, not later than the next day the House is in session
25 following the day of filing.
26 RULE 40
27 Messages
28 Messages from the Senate and communications from the Governor
29 shall be received and read in the House within one legislative
30 day thereafter.
20050H0001R0113 - 35 -
1 All House and Senate bills shall be delivered to the Senate
2 with appropriate messages no later than the close of the next
3 legislative day of the Senate which follows the fifth
4 legislative day after which the House acted on such bill.
5 All House bills returned by the Senate after final passage
6 therein without amendment, and all conference committee reports
7 on House bills received from the Senate and adopted by the
8 House, shall be signed by the Speaker within one legislative day
9 after receipt or adoption, respectively, and shall be delivered
10 to the Senate before the close of the next legislative day of
11 the Senate.
12 All House bills and all conference committee reports on House
13 bills signed by the Speaker shall be delivered to the Governor
14 within 24 hours after return from the Senate with the signature
15 of the appropriate Senate officer.
16 RULE 41
17 Kind and Rank of Committee
18 The Committees of the House shall be of four kinds and rank
19 in the order named:
20 (1) Committee of the Whole House.
21 (2) Standing Committees.
22 (3) Select Committees.
23 (4) Conference Committees.
24 RULE 42
25 Committee of the Whole
26 The House may resolve itself into a Committee of the Whole at
27 any time on the motion of a member adopted by a majority vote of
28 the House.
29 In forming the Committee of the Whole, the Speaker shall
30 leave the chair, after appointing a Chairman to preside.
20050H0001R0113 - 36 -
1 The rules of the House shall be observed in the Committee of
2 the Whole as far as applicable, except that a member may speak
3 more than once on the same question.
4 A motion to adjourn, to lay on the table, or for the previous
5 question cannot be put in the Committee of the Whole; but a
6 motion to limit or close debate is permissible.
7 A motion that the Committee of the Whole "do now rise and
8 report back to the House," shall always be in order, and shall
9 be decided without debate.
10 Amendments made in the Committee of the Whole shall not be
11 read when the Speaker resumes the Chair, unless so ordered by
12 the House.
13 RULE 43
14 Standing Committees and Subcommittees
15 The Committee on Committees shall consist of the Speaker and
16 15 members of the House, ten of whom shall be members of the
17 majority party and five of whom shall be members of the minority
18 party, whose duty shall be to recommend to the House the names
19 of members who are to serve on the standing committees of the
20 House. Except for the Speaker, the Majority and Minority
21 Leaders, Whips, Caucus Chairmen, Caucus Secretaries, Caucus
22 Administrators, Policy Chairmen and the chairmen and minority
23 chairmen of standing committees, each member shall be entitled
24 to serve on not less than two standing committees.
25 The Speaker shall appoint the chairman and vice-chairman of
26 each standing committee when such standing committee has no
27 standing subcommittees as prescribed herein, except the
28 Committee on Appropriations which shall also have a vice-
29 chairman appointed by the Speaker; when the standing committee
30 has standing subcommittees, the Speaker shall appoint a
20050H0001R0113 - 37 -
1 subcommittee chairman for each standing subcommittee. The
2 Speaker shall appoint a secretary for each standing committee.
3 The Minority Leader shall appoint the minority chairman,
4 minority vice-chairman and minority secretary of each standing
5 committee and the minority subcommittee chairman for each
6 standing subcommittee.
7 Except for members who decline a chairmanship or minority
8 chairmanship in writing or who are barred from serving as a
9 chairman or minority chairman under this rule, the chairmanship
10 and minority chairmanship of each standing committee except the
11 Appropriations Committee shall be limited only to the members of
12 the applicable caucus with the most seniority as members of
13 their respective caucus. Whenever there are more caucus members
14 with equal seniority than available chairmanships or minority
15 chairmanships for that caucus, the selection of a chairman or
16 minority chairman from among such caucus members shall be in the
17 discretion of the appointing authority. The appointing authority
18 may designate the standing committee to which he shall appoint a
19 member as chairman or minority chairman without regard to
20 seniority. The Speaker and the Floor Leader, Whip, Caucus
21 Chairman, Caucus Secretary, Caucus Administrator and Policy
22 Chairman of the majority party and minority party shall not be
23 eligible to serve as chairman or minority chairman of any
24 standing committee and no member may serve as chairman or
25 minority chairman of more than one standing committee.
26 Any chairmanship or minority chairmanship held by a member
27 who fails to meet the requirements of this rule shall become
28 vacant by automatic operation of this rule. If the appointing
29 authority fails to make an appointment of a chairman or minority
30 chairman prior to the organizational meeting of a standing
20050H0001R0113 - 38 -
1 committee or fails to fill a vacancy within seven calendar days
2 after it occurs, such position shall be deemed to remain vacant
3 in violation of this rule. Whenever a chairmanship or minority
4 chairmanship becomes vacant or remains vacant in violation of
5 this rule, the member of the applicable caucus who meets the
6 requirements of this rule shall automatically fill the vacancy
7 and, if there are two or more such eligible caucus members for
8 any such vacancy or vacancies, they shall be filled from among
9 such eligible members through a lottery to be conducted under
10 the supervision of the Chief Clerk after giving notice of the
11 time and place thereof to all eligible members, to the Speaker,
12 to the Majority Leader and to the Minority Leader.
13 Nothing in this rule shall prohibit the appointing authority
14 from transferring a member from the chairmanship or minority
15 chairmanship of a standing committee to the chairmanship or
16 minority chairmanship of another standing committee.
17 Whenever the appointment of a chairman or minority chairman
18 will cause the applicable caucus to exceed its permissible
19 allocation of members on a standing committee, the appointing
20 authority shall make a temporary transfer of an eligible
21 committee member to the standing committee vacated by the member
22 appointed as chairman or minority chairman until a regular
23 committee appointment can be made in accordance with the rules
24 of the House. If the Speaker or Minority Leader fails to make a
25 temporary transfer within seven calendar days after such
26 appointment, the committee member with the least seniority, who
27 is eligible for transfer, shall be automatically transferred to
28 the committee vacated by the newly appointed chairman or
29 minority chairman and, if more than one committee member is
30 eligible for such transfer, the transfer shall be implemented
20050H0001R0113 - 39 -
1 through a lottery conducted under the supervision of the Chief
2 Clerk.
3 The Speaker of the House, Floor Leader of the majority party
4 and the Floor Leader of the minority party shall be ex-officio
5 members of all standing committees, without the right to vote
6 and they shall be excluded from any limitation as to the number
7 of members on the committees or in counting a quorum.
8 Twenty-three standing committees of the House, each to
9 consist of 28 members except the Committee on Appropriations,
10 which shall consist of 34 members, are hereby created. In
11 addition, there are hereby created 42 standing subcommittees.
12 All standing committees shall consist of 16 members of the
13 majority party and 12 members of the minority party, except the
14 Committee on Appropriations which shall consist of 21 members of
15 the majority party and 13 members of the minority party. The
16 quorum for each of the standing committees and subcommittees
17 shall be no less than the majority of said committees. The
18 following are the standing committees and subcommittees thereof:
19 (1) Aging and Older Adult Services
20 (a) Subcommittee on Care and Services
21 (b) Subcommittee on Programs and Benefits
22 (2) Agriculture and Rural Affairs
23 (3) Appropriations
24 (a) Subcommittee on Health and Welfare
25 (b) Subcommittee on Education
26 (c) Subcommittee on Economic Impact and Infrastructure
27 (d) Subcommittee on Fiscal Policy
28 (4) Children and Youth
29 (5) Commerce
30 (a) Subcommittee on Financial Services and Banking
20050H0001R0113 - 40 -
1 (b) Subcommittee on Housing
2 (c) Subcommittee on Economic Development
3 (6) Consumer Affairs
4 (a) Subcommittee on Public Utilities
5 (b) Subcommittee on Telecommunications
6 (7) Education
7 (a) Subcommittee on Basic Education
8 (b) Subcommittee on Higher Education
9 (8) Environmental Resources and Energy
10 (a) Subcommittee on Energy
11 (b) Subcommittee on Mining
12 (c) Subcommittee on Parks and Forests
13 (9) Finance
14 (10) Game and Fisheries
15 (11) Health and Human Services
16 (a) Subcommittee on Health
17 (b) Subcommittee on Human Services
18 (c) Subcommittee on Drugs and Alcohol
19 (12) Insurance
20 (13) Judiciary
21 (a) Subcommittee on Crime and Corrections
22 (b) Subcommittee on Courts
23 (c) Subcommittee on Family Law
24 (14) Intergovernmental Affairs
25 (a) Subcommittee on Information Technology
26 (b) Subcommittee on Federal-State Relations
27 (15) Labor Relations
28 (16) Liquor Control
29 (a) Subcommittee on Licensing
30 (b) Subcommittee on Marketing
20050H0001R0113 - 41 -
1 (17) Local Government
2 (a) Subcommittee on Boroughs
3 (b) Subcommittee on Counties
4 (c) Subcommittee on Townships
5 (18) Professional Licensure
6 (19) State Government
7 (20) Tourism and Recreational Development
8 (a) Subcommittee on Arts and Entertainment
9 (b) Subcommittee on Recreation
10 (c) Subcommittee on Travel Promotion
11 (21) Transportation
12 (a) Subcommittee on Highways
13 (b) Subcommittee on Public Transportation
14 (c) Subcommittee on Transportation Safety
15 (d) Subcommittee on Aviation
16 (e) Subcommittee on Railroads
17 (22) Urban Affairs
18 (a) Subcommittee on Cities, Counties - First Class
19 (b) Subcommittee on Cities, Counties - Second Class
20 (c) Subcommittee on Cities, Third Class
21 (23) Veterans Affairs and Emergency Preparedness
22 (a) Subcommittee on Military and Veterans Facilities
23 (b) Subcommittee on Security and Emergency Response
24 Readiness
25 RULE 44
26 Organization of Standing Committees
27 and Subcommittees
28 The membership of each standing committee shall first meet
29 upon the call of its chairman and perfect its organization. A
30 majority of the members to which each standing committee is
20050H0001R0113 - 42 -
1 entitled shall constitute a quorum for it to proceed to
2 business. Each standing committee shall have the power to
3 promulgate rules not inconsistent with these rules which may be
4 necessary for the orderly conduct of its business.
5 Where a standing committee has standing subcommittees as
6 prescribed by Rule 43, the membership on such standing
7 subcommittees shall be appointed by the Committee on Committees
8 after consultation with each chairman of a standing committee of
9 which the standing subcommittee is a part. Each standing
10 subcommittee shall consist of the chairman of its parent
11 standing committee, as an ex-officio member, the chairman of the
12 standing subcommittee, and five other members from the parent
13 standing committee to be appointed by the Committee on
14 Committees, three from among the majority party after
15 consultation with the Majority Leader and two from among the
16 minority party after consultation with the Minority Leader.
17 Where it is deemed advisable that the membership of any standing
18 subcommittee be of greater number than that prescribed herein,
19 the Committee on Committees may appoint additional members of
20 the standing committee from the majority or minority party to
21 serve on such standing subcommittee. The number of additional
22 members selected should be such as to maintain, as far as is
23 practicable, a ratio in majority and minority party membership
24 which affords a fair and reasonable representation to the
25 minority party on the standing subcommittee.
26 The chairman and the minority chairman of each standing
27 committee shall be ex-officio members of each standing
28 subcommittee which is part of the parent standing committee,
29 with the right to attend standing subcommittee meetings and vote
30 on any matter before such standing subcommittee.
20050H0001R0113 - 43 -
1 A majority of the members of each standing subcommittee shall
2 constitute a quorum for the proper conduct of its business. Each
3 standing subcommittee may promulgate such rules necessary for
4 the conduct of its business which are not inconsistent with the
5 rules of its parent standing committee or the Rules of the
6 House.
7 When the chairman of a standing committee has referred a
8 bill, resolution or other matter to a standing subcommittee, the
9 power and control over such bill, resolution or other matter
10 shall then reside in such subcommittee for a reasonable period
11 of time thereafter in order that such subcommittee may consider
12 the bill, resolution or other matter and return the same to its
13 standing committee with its recommendations as to the action
14 which ought to be taken on such bill, resolution or other
15 matter.
16 Each standing subcommittee, within a reasonable time after it
17 has received a bill, resolution or other matter, shall meet as a
18 committee for the purpose of considering the same and returning
19 the bill, resolution or other matter back to its parent standing
20 committee with a subcommittee report as to what action it
21 recommends. The report of the subcommittee on a bill, resolution
22 or other matter being returned to the standing committee shall
23 contain one of the following recommendations:
24 (1) that the bill, resolution or other matter in its present
25 form be reported to the House,
26 (2) that the bill, resolution, or other matter not be
27 reported to the House,
28 (3) that the bill, resolution or other matter be reported to
29 the House, with recommendations for amendments,
30 (4) that the bill, resolution or other matter is returned
20050H0001R0113 - 44 -
1 without recommendations.
2 When a standing committee receives reports from its
3 subcommittees, it shall consider the same and by majority vote
4 of the members of the standing committee either approve or
5 disapprove such report. If disapproved, the standing committee
6 may then determine by a majority vote of its members what
7 further action, if any, should be taken on such bill, resolution
8 or other matter.
9 Where no action has been taken by a standing subcommittee on
10 a bill, resolution or other matter referred to it, and the
11 chairman of the standing committee considers that such
12 subcommittee has had reasonable time to consider the bill,
13 resolution or other matter and return the same to its parent
14 standing committee, the subcommittee chairman shall then
15 forthwith surrender and forward the same, together with all
16 documents or papers pertaining thereto, to the standing
17 committee.
18 In the event that a chairman of a standing committee is
19 absent, the following rules shall apply:
20 (1) If such standing committee has no subcommittee
21 prescribed by Rule 44, the vice-chairman of the standing
22 committee shall act as chairman of the committee meetings.
23 (2) If such standing committee has only one subcommittee,
24 the subcommittee chairman shall act as chairman of the standing
25 committee.
26 (3) If the standing committee has more than one
27 subcommittee, the subcommittee chairman with the longest
28 consecutive legislative service shall act as chairman of the
29 standing committee, except where the subcommittee chairmen have
30 equal legislative service, in which case the Speaker of the
20050H0001R0113 - 45 -
1 House shall designate one of the subcommittee chairmen to act as
2 chairman of the standing committee.
3 In case of absence of a subcommittee chairman, the chairman
4 of the appropriate standing committee shall designate one member
5 from either the standing committee or subcommittee to act as
6 chairman of the subcommittee.
7 RULE 45
8 Powers and Duties of Standing Committees
9 and Subcommittees
10 The chairman of each standing committee and subcommittee
11 shall fix regular weekly, biweekly or monthly meeting days for
12 the transaction of business before the committee or
13 subcommittee. The chairman of the committee or subcommittee
14 shall notify all members, at least 24 hours in advance of the
15 date, time and place of regular meetings, and, insofar as
16 possible, the subjects on the agenda. In addition to regular
17 meetings, special meetings may be called from time to time by
18 the chairman of the committee or subcommittee as they deem
19 necessary. No recess or combination of recesses shall exceed 48
20 hours for any committee meeting or subcommittee meeting. No
21 committee shall meet during any session of the House without
22 first obtaining permission of the Speaker. During any such
23 meeting, no vote shall be taken on the Floor of the House on any
24 amendment, recommittal motion, final passage of any bill, or any
25 other matter requiring a roll call vote. Any committee meeting
26 called off the Floor of the House shall meet in a committee
27 room. In addition to the specific provisions of this Rule 45,
28 all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings)
29 relative to notice of meetings shall be complied with.
30 At regularly scheduled meetings, or upon the call of the
20050H0001R0113 - 46 -
1 chairman, or subcommittee chairman, for special meetings, the
2 membership of such committees shall meet to consider any bill,
3 resolution, or other matter on the agenda. The secretary of each
4 standing committee, or in case of subcommittees a secretary
5 designated by the subcommittee chairman, shall record:
6 (1) the minutes of the meeting,
7 (2) all votes taken,
8 (3) a roll or attendance of members at standing committee or
9 subcommittee meetings showing the names of those present, absent
10 or excused from attendance, and the majority and minority
11 chairmen or their designees shall verify by their signatures all
12 votes taken and the roll or attendance of those members present,
13 absent or excused before said records are submitted to the Chief
14 Clerk, and
15 (4) dispatch of bills and resolutions before the committee.
16 Such records shall be open to public inspection. On the first
17 legislative day of each week the House is in session, the
18 chairman of each standing committee shall submit to the Chief
19 Clerk for inclusion in the House Journal only, the roll or
20 record of attendance of members at standing committee or
21 subcommittee meetings held prior thereto and not yet reported,
22 along with the record of all votes taken at such meetings. All
23 reports from standing committees shall be prepared in writing by
24 the secretary of the committee. Members of a standing committee
25 may prepare in writing and file a minority report, setting forth
26 the reasons for their dissent. Such committee reports shall be
27 filed with the Chief Clerk within five days of the meeting. All
28 meetings at which formal action is taken by a standing committee
29 or subcommittee shall be open to the public, making such reports
30 as are required under Rule 44. When any member, except for an
20050H0001R0113 - 47 -
1 excused absence, fails to attend five consecutive regular
2 meetings of his committee, the chairman of that committee or
3 subcommittee shall notify him of that fact and, if the member in
4 question fails to reasonably justify his absences to the
5 satisfaction of a majority of the membership of the standing
6 committee of which he is a member, his membership on the
7 committee or subcommittee shall be deemed vacant and the
8 chairman of the standing committee shall notify the Speaker of
9 the House to that effect. Such vacancy shall then be filled in
10 the manner prescribed by these rules.
11 Whenever the chairman of any standing committee shall refuse
12 to call a regular meeting, then a majority of the members of the
13 standing committee may vote to call a meeting by giving two days
14 written notice to the Speaker of the House, setting the time and
15 place for such meeting. Such notice shall be read in the House
16 and the same posted by the Chief Clerk in the House Chamber.
17 Thereafter, the meeting shall be held at the time and place
18 specified in the notice. In addition, all provisions of 65
19 Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of
20 meetings shall be complied with.
21 Records, bills and other papers in the possession of
22 committees and subcommittees, upon final adjournment of the
23 House shall be filed with the Chief Clerk.
24 No committee report, except a report of the Appropriations
25 Committee, shall be recognized by the House, unless the same has
26 been acted upon by a majority vote of the members of a standing
27 committee present at a committee session actually assembled and
28 meeting as a committee, provided such majority vote numbers at
29 least 13 members, and provided further a quorum is present. No
30 committee report of the Appropriations Committee shall be
20050H0001R0113 - 48 -
1 recognized by the House, unless the same has been acted upon by
2 a majority vote of the members of such committee present at a
3 committee session actually assembled and meeting as a committee,
4 provided such majority vote numbers at least 14 members, and
5 provided further a quorum is present.
6 No proxy voting shall be permitted in committee, except as
7 provided for herein. If a member reports to a scheduled
8 committee meeting and advises the chairman and other members of
9 a conflicting committee meeting or other legislative meeting
10 which he or she must attend on the same day, the member is
11 authorized to give the chairman or minority chairman his or her
12 proxy in writing which shall be valid only for that day and
13 which shall include written instructions for the exercise of
14 such proxy by the chairman or minority chairman during the
15 meeting. The member should also advise the chairman where he or
16 she can be reached. In the event the conflicting committee
17 meeting or other legislative meeting is scheduled to convene at
18 the same time or prior to the meeting at which a member desires
19 to vote by proxy, such proxy shall be delivered by the member in
20 person to the offices of both the chairman and minority chairman
21 prior to, but on the same day as, the conflicting meetings.
22 When the majority of the members of a standing committee
23 believe that a certain bill or resolution in the possession of
24 the standing committee should be considered and acted upon by
25 such committee, they may request the chairman to include the
26 same as part of the business of a committee meeting. Upon
27 failure of the chairman to comply with such request, the
28 membership may require that such bill be considered by written
29 motion made and approved by a majority vote of the entire
30 membership to which such committee is entitled.
20050H0001R0113 - 49 -
1 Whenever the phrase "majority of members of a standing
2 committee or subcommittee" is used in these rules, it shall mean
3 majority of the entire membership to which a standing committee
4 or subcommittee is entitled, unless the context thereof
5 indicates a different intent.
6 To assist the House in appraising the administration of the
7 laws and in developing such amendments or related legislation as
8 it may deem necessary, each standing committee or subcommittee
9 of the House shall exercise continuous watchfulness of the
10 execution by the administrative agencies concerned of any laws,
11 the subject matter of which is within the jurisdiction of such
12 committee or subcommittee; and, for that purpose, shall study
13 all pertinent reports and data submitted to the House by the
14 agencies in the executive branch of the Government.
15 The Committee on Appropriations shall have the power to issue
16 subpoenas under the hand and seal of its chairman commanding any
17 person to appear before it and answer questions touching matters
18 properly being inquired into by the committee, which matters
19 shall include data from any fund administered by the
20 Commonwealth, and to produce such books, papers, records,
21 documents and data and information produced and stored by any
22 electronic data processing system as the committee deems
23 necessary. Such subpoenas may be served upon any person and
24 shall have the force and effect of subpoenas issued out of the
25 courts of this Commonwealth. Any person who willfully neglects
26 or refuses to testify before the committee or to produce any
27 books, papers, records, documents or data and information
28 produced and stored by any electronic data processing system
29 shall be subject to the penalties provided by the laws of the
30 Commonwealth in such case. Each member of the committee shall
20050H0001R0113 - 50 -
1 have power to administer oaths and affirmations to witnesses
2 appearing before the committee. The committee may also cause the
3 deposition of witnesses either residing within or without the
4 State to be taken in the manner prescribed by law for taking
5 depositions in civil actions.
6 RULE 46
7 Committee on Rules
8 The Committee on Rules shall consist of the Speaker, the
9 Majority Leader, the Majority Whip, the Minority Leader, the
10 Minority Whip, the Majority Appropriations Chairman, the
11 Minority Appropriations Chairman, 12 members of the majority
12 party appointed by the Speaker, and ten members of the minority
13 party appointed by the Minority Leader. The Majority Leader
14 shall be chairman.
15 The committee shall make recommendations designed to improve
16 and expedite the business and procedure of the House and its
17 committees, and to propose to the House any amendments to the
18 Rules deemed necessary. The committee shall also do all things
19 necessary to fulfill any assignment or duty given to the
20 committee by any resolution, or other rule of the House of
21 Representatives.
22 The committee shall be privileged to report at any time.
23 The committee shall, until or unless superseded by law, adopt
24 guidelines for the expenditure of all funds appropriated to the
25 House or to any member or nonmember officer by any appropriation
26 act.
27 Such guidelines shall include a detailed statement of the
28 general and specific purposes for which the funds from that
29 appropriation account may be used, as well as uniform standards
30 of required documentation, accounting systems and record keeping
20050H0001R0113 - 51 -
1 procedures.
2 RULE 47
3 Ethics Committee
4 As used in the context of this rule, the word "committee"
5 shall mean the Committee on Ethics of the House of
6 Representatives, and the phrase "majority of the committee"
7 shall mean a majority of the members to which the committee is
8 entitled.
9 The committee shall consist of eight members: four of whom
10 shall be members of the majority party appointed by the Speaker,
11 and four of whom shall be members of the minority party
12 appointed by the Minority Leader. The Speaker shall appoint from
13 the members a chairman, vice chairman and secretary for the
14 committee. The chairman shall be a member of the majority party
15 and the vice chairman shall be a member of the minority party.
16 The chairman shall notify all members of the committee at
17 least 24 hours in advance of the date, time and place of a
18 regular meeting. Whenever the chairman shall refuse to call a
19 regular meeting, a majority of the committee may vote to call a
20 meeting by giving two days' written notice to the Speaker of the
21 House setting forth the time and place for such meeting. Such
22 notice shall be read in the House and posted in the House
23 Chamber by the Chief Clerk, or his designee. Thereafter, the
24 meeting shall be held at the time and place specified in such
25 notice.
26 The committee shall conduct its investigations, hearings and
27 meetings relating to a specific investigation or a specific
28 member, officer or employee of the House in closed session and
29 the fact that such investigation is being conducted or to be
30 conducted or that hearings or such meetings are being held or
20050H0001R0113 - 52 -
1 are to be held shall be confidential information unless the
2 person subject to investigation advises the committee in writing
3 that he elects that such hearings shall be held publicly. In the
4 event of such an election, the committee shall furnish such
5 person a public hearing. All other meetings of the committee
6 shall be open to the public.
7 The committee shall receive complaints against members,
8 officers and employees of the House, and persons registered or
9 carrying on activities regulated by the act of September 30,
10 1961 (P.L.1778, No.712), known as the "Lobbying Registration and
11 Regulation Act," alleging illegal or unethical conduct. Any such
12 complaint must be in writing verified by the person filing the
13 complaint and must set forth in detail the conduct in question
14 and the section of the "Legislative Code of Ethics," the
15 "Lobbying Registration and Regulation Act," or House rule
16 violated. The committee shall make a preliminary investigation
17 of the complaint, and if it is determined by a majority of the
18 committee that a violation of the rule or law may have occurred,
19 the person against whom the complaint has been brought shall be
20 notified in writing and given a copy of the complaint. Within 15
21 days after receipt of the complaint, such person may file a
22 written answer thereto with the committee. Upon receipt of the
23 answer, by vote of a majority of the committee, the committee
24 shall either dismiss the complaint within ten days or proceed
25 with a formal investigation, to include hearings, not less than
26 ten days nor more than 30 days after notice in writing to the
27 persons so charged. Failure of the person charged to file an
28 answer shall not be deemed to be an admission or create an
29 inference or presumption that the complaint is true, and such
30 failure to file an answer shall not prohibit a majority of the
20050H0001R0113 - 53 -
1 committee from either proceeding with a formal investigation or
2 dismissing the complaint.
3 A majority of the committee may initiate a preliminary
4 investigation of the suspected violation of a Legislative Code
5 of Ethics or House rule by a member, officer or employee of the
6 House or lobbyist. If it is determined by a majority of the
7 committee that a violation of a rule or law may have occurred,
8 the person in question shall be notified in writing of the
9 conduct in question and the section of the "Legislative Code of
10 Ethics," the "Lobbying Registration and Regulation Act" or House
11 rule violated. Within 15 days, such person may file a written
12 answer thereto. Upon receipt of the answer, by vote of a
13 majority of the committee, the committee shall either dismiss
14 the charges within ten days or proceed with a formal
15 investigation, to include hearings, not less than ten days nor
16 more than 30 days after notice in writing to the person so
17 charged. Failure of the person charged to file an answer shall
18 not be deemed to be an admission or create an inference or
19 presumption that the charge is true, and such failure to file an
20 answer shall not prohibit a majority of the committee from
21 either proceeding with a formal investigation or dismissing the
22 charge.
23 In the event that the committee shall elect to proceed with a
24 formal investigation of the conduct of any member, officer or
25 employee of the House, the committee shall employ independent
26 counsel who shall not be employed by the House for any other
27 purpose or in any other capacity during such investigation.
28 All constitutional rights of any person under investigation
29 shall be preserved, and such person shall be entitled to present
30 evidence, cross-examine witnesses, face his accuser, and be
20050H0001R0113 - 54 -
1 represented by counsel.
2 The chairman may continue any hearing for reasonable cause,
3 and upon the vote of a majority of the committee or upon the
4 request of the person subject to investigation, the chairman
5 shall issue subpoenas for the attendance and testimony of
6 witnesses and the production of documentary evidence relating to
7 any matter under formal investigation by the committee. The
8 committee may administer oaths or affirmations and examine and
9 receive evidence.
10 All testimony, documents, records, data, statements or
11 information received by the committee in the course of any
12 investigation shall be private and confidential except in the
13 case of public hearings or in a report to the House. No report
14 shall be made to the House unless a majority of the committee
15 has made a finding of unethical or illegal conduct on the part
16 of the person under investigation. No finding of unethical or
17 illegal conduct shall be valid unless signed by at least a
18 majority of the committee. Any such report may include a
19 minority report. No action shall be taken on any finding of
20 illegal or unethical conduct nor shall such finding or report
21 containing such finding be made public sooner than seven days
22 after a copy of the finding is sent by certified mail to the
23 member, officer or employee under investigation.
24 The committee may meet with a committee of the Senate to hold
25 investigations or hearings involving employees of the two houses
26 jointly or officers or employees of the Legislative Reference
27 Bureau, the Joint State Government Commission, the Local
28 Government Commission, the Legislative Budget and Finance
29 Committee and the Legislative Data Processing Committee;
30 provided, however, that no action may be taken at a joint
20050H0001R0113 - 55 -
1 meeting unless it is approved by a majority of the committee.
2 In the event that a member of the committee shall be under
3 investigation, such member shall be temporarily replaced on the
4 committee in a like manner as said member's original
5 appointment.
6 The committee, whether or not at the request of a member,
7 officer or employee concerned about an ethical problem relating
8 to himself alone or in conjunction with others, may render
9 advisory opinions with regard to questions pertaining to
10 legislative ethics or decorum. Such advisory opinions, with such
11 deletions and changes as shall be necessary to protect the
12 identity of the persons involved or seeking them, may be
13 published and shall be distributed to all the members of the
14 House.
15 Any member of the committee breaching the confidentiality of
16 materials and events as set forth in this rule shall be removed
17 immediately from the committee and replaced by another member of
18 the House in a like manner as said member's original
19 appointment.
20 The committee may adopt rules of procedure for the orderly
21 conduct of its affairs, investigations, hearings and meetings,
22 which rules are not inconsistent with this rule.
23 The committee shall continue to exist and have authority and
24 power to function after the sine die adjournment of the General
25 Assembly and shall so continue until the expiration of the then
26 current term of office of the members of the committee.
27 RULE 48
28 Conference Committee
29 All Committees of Conference shall be appointed by the
30 Speaker and shall be composed of three members, two of whom
20050H0001R0113 - 56 -
1 shall be selected from the majority party and one from the
2 minority party.
3 The conferees shall confine themselves to the differences
4 which exist between the House and Senate.
5 The presentation of reports of Committees of Conference shall
6 be in order after having been signed by a majority of members of
7 the committee of each House.
8 Consideration of a report of a Committee of Conference by the
9 House shall be in order when it has been printed, placed on the
10 desks of the members and listed on the calendar.
11 RULE 49
12 Committee Action
13 Whenever a bill, resolution or other matter has been referred
14 by the Speaker of the House to a standing committee, and such
15 committee has one or more standing subcommittees, the chairman
16 of the standing committee may either refer it to an appropriate
17 subcommittee or retain it for consideration by the entire
18 standing committee. If it is retained, such standing committee
19 shall have full power and control over such bill, resolution or
20 other matter, except that such committee shall not change the
21 subject nor any amendments adopted by the House. Where the
22 chairman of the standing committee refers such bill, resolution,
23 or matter to a subcommittee, such subcommittee, except as
24 hereinafter provided, shall have full power over the same.
25 The recommendations by a committee that a bill or resolution
26 be reported negatively shall not affect its consideration by the
27 House. The words "negative recommendation" shall be printed
28 conspicuously on a line above the title of this bill.
29 All standing subcommittees shall be subject to the will of
30 the majority of their parent standing committee and shall not
20050H0001R0113 - 57 -
1 promulgate any rules or take any action inconsistent with the
2 rules of their parent standing committee or the Rules of the
3 House.
4 RULE 50
5 Public Hearings
6 Each standing committee, subcommittee or select committee to
7 which a proposed bill, resolution or any matter is referred
8 shall have full power and authority to study said bill,
9 resolution or other matter before it, as such committee, shall
10 determine is necessary to enable it to report properly to the
11 House thereon. To this end, a standing committee, subcommittee,
12 or select committee, may as hereinafter provided, conduct public
13 hearings. No standing committee, subcommittee or select
14 committee shall hold any public hearings without prior approval
15 by a majority vote of the members of the standing committee and
16 the Speaker or the Majority Leader of the House. The Speaker or
17 the Majority Leader of the House shall withhold approval of
18 public hearings based only on budgetary consideration.
19 When a public hearing has been authorized as aforesaid, the
20 chairman of the standing committee, subcommittee chairman, or
21 select committee chairman as the case may be, shall instruct the
22 Chief Clerk to give written notice thereof to each House Member
23 not less than five calendar days before the proposed hearings
24 and post the same in or immediately adjacent to the House
25 Chambers. Such notice, which shall contain the day, hour and
26 place of the hearing and the number or numbers of bills or other
27 subject matter to be considered at such hearing, shall also be
28 given the supervisor of the news room, and to the news media. In
29 addition, all provisions of the act of July 19, 1974 (P.L.486,
30 No.175), relative to notice of meetings shall be complied with.
20050H0001R0113 - 58 -
1 Public hearings held by a standing committee shall be chaired
2 by the chairman of such committee, unless absent, in which case
3 an acting chairman shall be selected in the manner prescribed by
4 these rules to serve in his stead. Public hearings held by
5 standing subcommittees shall be chaired by the subcommittee
6 chairman thereof, but the chairman of the parent standing
7 committee, as an ex-officio member of the subcommittee, shall
8 have the right to attend and participate in the hearing
9 proceedings. In the absence of the subcommittee chairman, an
10 acting chairman shall be appointed in the manner prescribed by
11 these rules.
12 All public hearings shall be open to the public and
13 reasonable opportunity to be heard shall be afforded to all
14 interested parties who have requested an appearance before the
15 committee. In addition, it shall be the responsibility of the
16 committee in conducting its hearing to request the presentation
17 of testimony by any person who, in the opinion of the committee,
18 is qualified to present pertinent and important testimony.
19 Such committee shall, so far as practicable, request all
20 witnesses appearing before it to file written statements of
21 their proposed testimony. The chairman shall have the right to
22 fix the order of appearance and the time to be allotted to
23 witnesses. Witnesses may submit brief pertinent statements in
24 writing for inclusion in the record. The committee is the sole
25 judge of the pertinency of testimony and evidence adduced at its
26 hearings.
27 The chairman, in presiding at such public hearings, shall
28 preserve order and decorum, in and adjacent to his committee
29 room while the hearing is being conducted and he shall have the
30 authority to direct the removal from the committee room of any
20050H0001R0113 - 59 -
1 person who fails to comply with order and decorum of the
2 committee.
3 Proceedings of all public hearings shall be either
4 stenographically or electronically recorded. The committee shall
5 determine which parts of such recorded proceedings, if any,
6 shall be transcribed and the distribution thereof. Except as
7 hereinafter provided, no more than four copies of any transcript
8 shall be made. Such stenographic or electronic records and at
9 least one copy of any transcription shall be preserved by the
10 Chief Clerk until he is authorized to dispose of same by an
11 affirmative vote of three-quarters of the entire membership of
12 the Rules Committee and shall be made available to any member
13 upon written request for the purpose of copying or transcription
14 at that member's expense. Any transcribed records and any
15 reports of the committee shall be filed with the Chief Clerk or
16 his designee and shall be made available to any person in
17 accordance with reasonable rules and regulations prescribed by
18 the Chief Clerk. Upon payment of a reasonable cost to be
19 determined by the Chief Clerk, a person may obtain a copy of
20 such transcribed records or reports.
21 The Chief Clerk shall not make payment of any expenses
22 incurred as a result of a public hearing without the prior
23 written approval of the Speaker or the Majority Leader of the
24 House.
25 RULE 51
26 Investigations
27 Any standing committee, subcommittee or select committee,
28 upon resolution introduced and approved by majority vote of the
29 House, may be authorized and empowered to conduct hearings at
30 any place in the Commonwealth to investigate any matter provided
20050H0001R0113 - 60 -
1 for in such resolution. When authorized by such a resolution,
2 such committee shall be empowered to issue subpoenas under the
3 hand and seal of the chairman thereof commanding any person to
4 appear before it and answer questions touching matters properly
5 being inquired into by the committee and produce such books,
6 papers, records, accounts, reports, and documents as the
7 committee deems necessary. Such subpoenas may be served upon any
8 person and shall have the force and effect of subpoenas issued
9 out of the courts of this Commonwealth. Where any person
10 willfully neglects or refuses to comply with any subpoena issued
11 by the committee or refuses to testify before the committee on
12 any matter regarding which he may be lawfully interrogated, it
13 shall be the duty of the committee to report such disobedience
14 or refusal to the House of Representatives, and such person
15 shall be subject to the penalties provided by the laws of the
16 Commonwealth in such cases. All such subpoenaed books, papers,
17 records, accounts, reports, and documents shall be returned to
18 the person from whom such material was subpoenaed when the
19 committee has completed its examination of such material, but in
20 no event later than the date on which the committee completes
21 its investigation. Such material, or any information derived
22 therefrom not a part of public sessions of the committee, shall
23 not be turned over to any person or authority without the
24 consent of the person from whom such material was subpoenaed.
25 Each member of the committee shall have power to administer
26 oaths and affirmations to witnesses appearing before the
27 committee. The Sergeant-at-Arms of the Legislature or other
28 person designated by the committee shall serve any subpoenas
29 issued by the committee, when directed to do so by the
30 committee. The subpoena shall be addressed to the witness, state
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1 that such proceeding is before a committee of the House at which
2 the witness is required to attend and testify at a time and
3 place certain and be signed by the chairman of the committee
4 commanding attendance of such witness. Mileage and witness fees
5 shall be paid to such witness in an amount prescribed by law.
6 The chairman of the investigative hearing shall call the
7 committee to order and announce in an opening statement the
8 subject or purposes of the investigation.
9 A copy of this rule shall be made available to the witnesses
10 at least three calendar days prior to his or her scheduled
11 testimony. Witnesses at investigative hearings, may be
12 accompanied by their own counsel for the purpose of advising
13 them concerning their constitutional rights. The chairman, for
14 breaches of order or decorum or of professional ethics on the
15 part of counsel, may exclude him from the hearing. Counsel may
16 interpose legal objection to any and all questions which in the
17 opinion of counsel may violate the civil or constitutional
18 rights of his clients.
19 If the committee determines that evidence or testimony at an
20 investigative hearing may tend to defame, degrade or incriminate
21 any person, it shall:
22 (1) receive such evidence or testimony in executive session;
23 (2) afford such person an opportunity voluntarily to appear
24 as a witness; and
25 (3) receive and dispose of requests from such person to
26 subpoena additional witnesses.
27 No evidence or testimony taken in executive session may be
28 released to any person or authority or used in public sessions
29 without the consent of the committee.
30 Proceedings of all public hearings shall be either
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1 stenographically or electronically recorded. The committee shall
2 determine which parts of such recorded proceedings, if any,
3 shall be transcribed and four copies thereof shall be
4 distributed and additional copies made available as provided in
5 Rule 50. Such stenographic or electronic records shall be
6 preserved by the Chief Clerk until he is directed to dispose of
7 same by an affirmative vote of three-quarters of the entire
8 membership of the Rules Committee and shall be made available to
9 any member upon written request for the purpose of transcription
10 at that member's expense. Any transcribed records and any
11 reports of the committee shall be filed with the Chief Clerk or
12 his designee and shall be made available to any person in
13 accordance with reasonable rules and regulations prescribed by
14 the Chief Clerk.
15 Upon payment of a reasonable cost to be determined by the
16 Chief Clerk, a person may obtain a copy of the transcript of any
17 testimony given at a public session or, if given at an executive
18 session when authorized by the committee. All standing
19 committees, subcommittees, special committees or commissions
20 which are authorized to hold public hearings and investigations
21 shall file a final report before being discharged of delegated
22 responsibilities.
23 RULE 52
24 Possession of Bills by Committee
25 When a committee has ordered that a bill, resolution or other
26 matter be reported to the House, the member to whom it is
27 assigned shall make the report thereof to the House either on
28 the same day or at the next meeting of the House.
29 Failure of a member to comply with this rule shall be
30 reported to the House by the committee, provided the official
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1 copy of the bill, resolution or other matter has not been
2 obtained. Upon a motion agreed to by the House, a duplicate
3 certified copy of a House bill, House resolution or other House
4 matter shall be furnished to the committee by the Chief Clerk.
5 A committee or subcommittee shall not consider a bill,
6 resolution or other matter which is not in its possession.
7 When a committee reports to the House that a House bill,
8 House resolution or other House matter referred to it is lost,
9 upon a motion agreed to by the House, a duplicate certified copy
10 thereof shall be furnished by the Chief Clerk.
11 If the Senate bill, Senate resolution or other Senate matter
12 received from the Senate is lost, upon a motion agreed to by the
13 House, a request shall be made to the Senate to furnish the
14 House with a duplicate certified copy thereof.
15 If a bill, resolution or other matter is lost before it has
16 been referred to a committee, the fact shall be reported to the
17 House and the procedure provided by this rule shall be followed.
18 RULE 53
19 Discharge of Committees
20 A member may present to the Chief Clerk a resolution in
21 writing to discharge a committee from the consideration of a
22 bill or resolution which has been referred to it 15 legislative
23 days prior thereto (but only one motion may be presented for
24 each bill or resolution). The discharge resolution shall be
25 placed in the custody of the Chief Clerk, who shall arrange some
26 convenient place for the signature of the members. A signature
27 may be withdrawn by a member in writing at any time before the
28 discharge resolution is entered in the Journal. When 25 members
29 of the House shall have signed the resolution, it shall be
30 entered in the Journal and the title of the bill or resolution
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1 and the name of the committee to be discharged shall be printed
2 on the calendar.
3 Any member who has signed a discharge resolution which has
4 been on the calendar at least one legislative day prior thereto
5 and seeks recognition, shall be recognized for the purpose of
6 calling up the discharge resolution and the House shall proceed
7 to its consideration without intervening motion except one
8 motion to adjourn; however, no discharge resolution shall be
9 considered during the last six legislative days of any session
10 of the House. A majority vote of all the members elected to the
11 House shall be required to agree to a resolution to discharge a
12 committee. When any perfected discharge resolution has been
13 acted upon by the House and defeated it shall not be in order to
14 entertain during the same session of the House any other
15 discharge resolution from that committee of said measure, or
16 from any other committee of any other bill or resolution
17 substantially the same, relating in substance to or dealing with
18 the same subject matter.
19 RULE 54
20 Presentation and Withdrawal of Motions
21 When a motion which is in order has been made, the Speaker
22 shall state it or (if it is in writing) cause it to be read by
23 the Clerk. It shall then be in the possession of the House, but
24 it may be withdrawn by the maker at any time before decision or
25 amendment.
26 The Speaker shall put the question in the following form,
27 viz: "those in favor of the motion will say 'aye'." After the
28 affirmative is expressed, "those who are opposed will say 'no'."
29 All motions, except for the previous question and a motion
30 for reconsideration, may be made without a second.
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1 No dilatory motion shall be entertained by the Speaker.
2 RULE 55
3 Privileged Motions
4 When a question is under debate or before the House, no
5 motion shall be received but the following, which shall take
6 precedence in the order named:
7 (1) To adjourn, or recess.
8 (2) A call of the House.
9 (3) To lay on the table.
10 (4) For the previous question.
11 (5) To postpone.
12 (6) To commit or recommit.
13 (7) To amend.
14 Debate on the motion to postpone shall be confined to the
15 question of the postponement and shall not include discussion of
16 the main question.
17 The motion to commit or recommit is open to debate only as to
18 the reasons for or against reference to committee and shall not
19 include a discussion of the merits of the main question.
20 Debate on the motion to amend shall be limited to the
21 amendment and shall not include the general merits of the main
22 question.
23 RULE 56
24 Adjourn
25 A motion to adjourn or recess is not debatable, cannot be
26 amended and is always in order, except:
27 (1) when another member has the floor; or
28 (2) when the House is voting.
29 When a motion to adjourn is made, it shall be in order for
30 the Speaker, before putting the question, to permit the Majority
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1 and Minority Leaders and/or one member designated by each of
2 them to state to the House any fact relating to the condition of
3 the business of the House which would seem to render it
4 inadvisable to adjourn. These statements shall be limited to two
5 minutes and shall not be debatable.
6 RULE 57
7 Call of the House
8 If a question of the absence of a quorum is raised by a
9 member, the Speaker shall order the Sergeant-at-Arms to close
10 the doors of the House. No member shall be permitted to leave
11 the House, except by permission of the House. The names of the
12 members present shall be recorded and absentees noted. Those for
13 whom no leave of absence has been granted or no sufficient
14 excuse is made may, by order of a majority of the members
15 present, be sent for and taken into custody by the Sergeant-at-
16 Arms and his assistants appointed for that purpose, and brought
17 before the bar of the House where, unless excused by a majority
18 of the members present, they shall be censured or punished for
19 neglect of duty as the House may direct.
20 Further proceedings under a call of the House may be
21 dispensed with at any time after the completion of the roll call
22 and the announcement of the result.
23 These proceedings shall be without debate, and no motion,
24 except to adjourn, shall be in order.
25 RULE 58
26 Persons Admitted Under a Call of the House
27 Members who voluntarily appear during a call of the House
28 shall be admitted to the House. Upon recognition by the Speaker
29 they shall announce their presence and their names shall be
30 recorded on the roll.
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1 Officers of the House, accredited correspondents and
2 employees designated by the Chief Clerk shall be admitted to the
3 House during a call.
4 Visitors shall not be admitted to the House after the doors
5 are closed and until the proceedings under the call are
6 terminated, but they shall be permitted to leave.
7 RULE 59
8 Lay on the Table
9 A motion to lay on the table is not debatable, is not subject
10 to amendment and carries with it the main question and all other
11 pending questions which adhere to it, except when an appeal is
12 laid on the table.
13 RULE 60
14 Motion to Take from the Table
15 A motion to take from the table a bill or other subject is in
16 order under the same order of business in which the matter was
17 laid on the table. It shall be decided without debate or
18 amendment.
19 RULE 61
20 Previous Question
21 A motion for the previous question, seconded by 20 members
22 and sustained by a majority of the members present, shall put an
23 end to all debate and bring the House to an immediate vote on
24 the question then pending, or the questions on which it has been
25 ordered.
26 A motion for the previous question may be made to embrace any
27 or all pending amendments or motions and to include the passage
28 or rejection of a bill or resolution.
29 RULE 62
30 Call for Yeas and Nays--Reasons for Vote
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1 The yeas and nays of the members on any question shall, at
2 the desire of any two of them, be entered on the Journal.
3 (Constitution, Article II, Section 12).
4 When the Speaker or any member is not satisfied with a voice
5 vote on a pending question, the Speaker may order a roll call
6 vote; or, upon request of two members, before the result of the
7 vote is announced, he shall order a roll call vote.
8 A member may submit a written explanation of his vote
9 immediately following the announcement of the result of the vote
10 and have it printed in the Journal.
11 RULE 63
12 Division of a Question
13 Any member may call for a division of a question by the
14 House, if it comprehends propositions so distinct and separate
15 that one being taken away, the other will stand as a complete
16 proposition for the decision of the House.
17 A motion to strike out and insert is indivisible, but a
18 motion to strike out being lost shall neither preclude amendment
19 nor a motion to strike out and insert.
20 RULE 64
21 Members Required to be Present and Vote
22 Except as otherwise provided by this rule, every member shall
23 be present within the Hall of the House during its sittings,
24 unless excused by the House or unavoidably prevented, and shall
25 vote for or against each question put, unless he has a direct
26 personal or pecuniary interest in the determination of the
27 question or unless he is excused or not present in accordance
28 with an authorized leave of absence.
29 The Legislative Journal shall show the result of each roll
30 call by yeas and nays and those absent and those not voting.
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1 A member who is either performing a legislative assignment in
2 the Harrisburg area in furtherance of duties of his office or on
3 behalf of the body of the House and to which the member was
4 appointed by the House or the appropriate officer of the House
5 may, upon request to and approval by the member's floor leader,
6 be granted Harrisburg Legislative Leave and be voted by or at
7 the direction of the member's floor leader. A specific reason
8 must be given by the member to the respective floor leader and
9 that floor leader must announce the granting of the Harrisburg
10 Legislative Leave. Harrisburg Legislative Leave shall last no
11 longer than the single legislative session day for which it was
12 requested and shall immediately expire with the return of the
13 member to the Hall of the House. No member will be granted
14 Harrisburg Legislative Leave for a session day, or a portion of
15 a session day, who does not personally vote on the day's initial
16 Master Roll Call. A member is not permitted to request
17 Harrisburg Legislative Leave if the member is the prime sponsor
18 of a bill scheduled to run during the time for which Leave is
19 requested or if the member has filed and intends to offer an
20 amendment during that time.
21 RULE 64 (a)
22 Chronic Absenteeism
23 For purposes of this rule the term "chronic absenteeism"
24 shall mean the unexcused absence of a representative for a
25 period of five consecutive legislative days from official
26 sessions of the House of Representatives or the absence of a
27 committee member for a period of five consecutive days from
28 their assigned committee meetings which meetings qualify as
29 regular committee meetings under the rules of the House of
30 Representatives and the Sunshine Law of the Commonwealth.
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1 Any representative who is absent without excuse from regular
2 House sessions for a period of five consecutive legislative days
3 or is absent for a period of five consecutive committee meetings
4 shall be deemed a chronic absentee and may, on a vote of the
5 full House, be held in contempt of this House upon motion of
6 five members of the House for chronic absence from regular House
7 sessions and by motion of three members of the standing
8 committee of the House to which such representative is assigned
9 for chronic absence from regularly scheduled committee meetings.
10 The term "chronic absenteeism" shall not include:
11 (1) Absence due to the personal illness or bodily injury of
12 a representative.
13 (2) Absence due to personal illness or bodily injury of a
14 member of the immediate family of the representative.
15 (3) Death to a member of the immediate family of a
16 representative.
17 (4) Any excused absence approved by the House pursuant to
18 its rules.
19 RULE 65
20 Member Having Private Interest
21 (1) A member who has a personal or private interest in any
22 measure or bill proposed or pending before the House shall
23 disclose the fact to the House and shall not vote thereon.
24 (Constitution, Article III, Section 13).
25 (2) A member who, for remuneration, represents any
26 organization required to register under the Lobbying
27 Registration and Regulation Act shall file a statement of that
28 fact with the Chief Clerk.
29 RULE 65 (a)
30 Professionals-Legislators
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1 (1) Except as hereinafter provided, any member or employee
2 of the House or its agencies shall not be retained for
3 compensation to appear in his or her professional capacity to
4 represent the interest of any client in any proceeding before
5 any Commonwealth department, board, agency, bureau or
6 commission, except that such member or employee is authorized to
7 represent the interest of a client at any stage of a proceeding
8 before the Commonwealth or its agencies where such proceeding
9 was initially taken or brought as a ministerial action, as
10 defined by this rule, and as originally taken was not initially
11 adverse in nature to the interest of the Commonwealth or its
12 agencies.
13 (2) The provisions of this rule shall not be applicable to
14 professionals-legislators:
15 (a) Representing clients on criminal matters before the
16 courts of the Commonwealth.
17 (b) Representing clients on civil matters before the
18 courts of the Commonwealth.
19 (c) Representing clients in all stages of a proceeding
20 before the Commonwealth or its agencies which was initially
21 commenced as a ministerial action. The term "ministerial
22 action" means and includes any proceeding or action before
23 the Commonwealth or its agencies where the proceeding, as
24 initially commenced involved solely:
25 (i) The uncontested or routine action by the
26 Commonwealth's administrative officers or employees in
27 issuing or renewing licenses, charters, certificates or
28 any other documents of a similar nature; or
29 (ii) The preparation, filing and review of tax
30 returns and supporting documents required by law; or
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1 (iii) The preparation, filing and review of
2 engineering and architectural plans, drawings,
3 specifications and reports; or
4 (iv) Any other initially routine or uncontested
5 preparation, filing, review or other action not
6 enumerated above and considered and normally handled by
7 the Commonwealth or its agencies as a ministerial action.
8 (d) Representing clients in workmen's compensation
9 proceedings before the bureau, its referees or the Workmen's
10 Compensation Appeals Board.
11 (3) This rule shall not apply to the other members of the
12 firm of such member and/or employee.
13 RULE 65 (b)
14 Financial Interests in Gaming Entities
15 (1) Except as hereinafter provided, no member, his or her
16 spouse, or any minor or unemancipated children shall hold or
17 acquire during his or her tenure in office any ownership or
18 other financial interest, including both equity and
19 indebtedness, in any entity required to be licensed by the act
20 of July 5, 2004 (P.L.572, No.71), known as the Pennsylvania Race
21 Horse Development and Gaming Act, or in the subsidiaries or
22 affiliates, as defined in that act, of any such licensed entity.
23 (2) The provisions of this Rule shall not be applicable to
24 the following:
25 (a) an interest held through a defined benefit pension
26 plan;
27 (b) an interest held through a deferred compensation
28 plan organized and operated pursuant to section 457 of the
29 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
30 1 et seq);
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1 (c) an interest held through a tuition account plan
2 organized and operated pursuant to section 529 of the
3 Internal Revenue Code;
4 (d) an interest held through a plan described in section
5 401(k) of the Internal Revenue Code;
6 (e) an interest held in an employer profit-sharing plan
7 qualified under the Internal Revenue Code;
8 (f) an interest held in a mutual fund where the interest
9 owned by the individual fund in the licensed entity as
10 described herein does not amount to control of the entity as
11 defined by the Federal Investment Company Act of 1940 and
12 provided that such mutual fund is not a nondiversified fund
13 invested primarily in entities operating in, or connected
14 with, the gaming industry;
15 (g) an interest held in a blind trust over which the
16 holder may not exercise any managerial control or receive
17 income during the time period the member holds office;
18 (h) an interest held in a licensed entity otherwise
19 prohibited by this Rule if such interest was acquired prior
20 to January 7, 2003;
21 (i) an interest in indebtedness arising out of a
22 commercial transaction which takes place in the ordinary
23 course of business;
24 (j) an interest held in a subsidiary or affiliate of a
25 licensed entity if the identity thereof is not disclosed to
26 the Chief Clerk by the Pennsylvania Gaming Control Board. The
27 Chief Clerk, on a quarterly basis, shall request an updated
28 list from the Pennsylvania Gaming Control Board of all
29 subsidiaries and affiliates of licensed entities and shall
30 provide a copy of the list to all members of the House;
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1 (k) an interest held by a spouse if an action seeking a
2 divorce and dissolution of marital status has been initiated
3 in any jurisdiction by either party to the marriage.
4 (3) Exceptions provided for in paragraph (2)(a) through (f)
5 above shall be inapplicable if the member, his or her spouse, or
6 any minor or unemancipated children have any discretion in
7 choosing individual investments within the portfolio in which
8 the interest is held.
9 (4) Annually, on or before January 31st of each calendar
10 year, members shall file an affidavit with the Chief Clerk, on a
11 form provided by the Chief Clerk, either disclosing holdings
12 prohibited by this rule or affirming that he or she holds no
13 such interests.
14 (5) Any member, including a spouse and any minor or
15 unemancipated children, holding an ownership or other financial
16 interest prohibited by this Rule, shall have three months from
17 the date the entity is approved for a license under the act of
18 July 5, 2004 (P.L.572, No.71), known as the Pennsylvania Race
19 Horse Development and Gaming Act to completely divest his or her
20 interest and to file an affidavit affirming the divestiture with
21 the Chief Clerk.
22 (6) Members, including a spouse and any minor or
23 unemancipated children, elected to the House of Representatives
24 for the first time or upon returning after a hiatus in House
25 service subsequent to the adoption of this Rule shall have three
26 months from the date they are sworn into office to divest such
27 interests and file the affidavit referred to in paragraph (4).
28 RULE 66
29 Electric Roll Call
30 The names of the members shall be listed on the electric roll
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1 call boards by party affiliation in alphabetical order, except
2 the name of the Speaker shall be last.
3 On any question requiring the "yeas" and "nays", the electric
4 roll call system shall be used. On all other questions to be
5 voted upon, the Speaker may, in his discretion, order the yeas
6 and nays taken by the electric roll call system or voice vote
7 or, upon demand of two members before the result of a vote has
8 been declared, the yeas and nays shall be taken by the electric
9 roll call system.
10 In the event the electric roll call system is not in
11 operating order, the Speaker shall order all yea and nay votes
12 be taken by calling the roll, as provided in the Rules of the
13 House.
14 The vote of any member which has not been recorded because of
15 mechanical malfunction of the electric roll call system shall be
16 entered on the Journal, if said member was in the Hall of the
17 House at the time of the vote and did cast his vote at the
18 appropriate time, and the fact of such malfunction is reported
19 to the Speaker of the House prior to the announcement of the
20 result of the vote.
21 When the House is ready to vote upon any question requiring
22 the yeas and nays and the vote is to be taken by the electric
23 roll call system, the Speaker shall state: "The question
24 .............. (Designating the matter to be voted upon.)" The
25 Speaker shall then unlock the voting machine and announce, "The
26 members shall now proceed to vote." Once the voting has begun,
27 it shall not be interrupted, except for the purpose of
28 questioning the validity of a member's vote or, if the voting
29 switch of a member present in the Hall of the House is locked or
30 otherwise inoperative, a request that such switch be rendered
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1 operative or such members vote be officially recorded, before
2 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 Except as provided in Rule 64, no member shall vote for
17 another member, nor shall any person not a member vote for a
18 member.
19 Any member or other person who willfully tampers with or
20 attempts to disarrange, deface, impair or destroy in any manner
21 whatsoever the electrical voting equipment used by the House, or
22 who instigates, aids or abets with the intent to destroy or
23 change the record of votes thereon shall be punished in such
24 manner as the House determines.
25 A member who has been appointed by the Speaker to preside as
26 Speaker pro tempore may designate either the Majority or
27 Minority Whip to cast his vote on any question while he is
28 presiding in accordance with his instructions from the Chair.
29 RULE 67
30 Verification and Challenge
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1 Upon completion of a roll call and before the result is
2 announced, if there appears to be need for verification, the
3 Speaker may direct the Clerk to verify it, or three members may
4 demand a verification.
5 Any member may challenge in writing the yea or nay or
6 electrically recorded vote of other members. The allegations
7 made shall be investigated by a committee composed of the
8 Speaker, a majority member and a minority member appointed by
9 the Speaker, who shall submit a report to the House not later
10 than its next session. The House shall then decide whether the
11 challenged vote shall be recorded or not.
12 If the challenged vote would change the result, the
13 announcement of the vote shall be postponed until the House
14 decides the case.
15 RULE 68
16 Changing Vote
17 No member may change his vote, or have his vote recorded
18 after the result of a roll call vote has been announced, nor
19 after an affirmative or negative roll has been declared
20 verified.
21 RULE 69
22 Journal
23 The Chief Clerk shall keep a Journal of the proceedings of
24 the House, which shall be printed and shall be made available to
25 the members.
26 The Journal of the proceedings of the last day's session
27 shall not be read unless so ordered by a majority vote of the
28 House.
29 RULE 70
30 History of House Bills
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1 and House Resolutions
2 A weekly History, showing the title and action on House bills
3 and the text and action on non-privileged resolutions, shall be
4 compiled and indexed under the direction of the Chief Clerk and
5 shall be printed and placed on each member's desk.
6 The House History shall include a cumulative index of laws
7 enacted during the session and the text of vetoes by the
8 Governor.
9 RULE 71
10 House Calendar
11 Bills and non-privileged resolutions reported from committees
12 to the House with an affirmative recommendation shall be listed
13 on the calendar in such manner as prescribed by the Rules
14 Committee and any other rule of the House. House bills and House
15 resolutions shall precede Senate bills and Senate resolutions.
16 Bills and non-privileged resolutions shall be listed on the
17 House Calendar for no more than 15 consecutive legislative days.
18 At the end of the 15th consecutive legislative day the said bill
19 or non-privileged resolution shall be automatically recommitted
20 to the committee from which it was reported to the floor of the
21 House.
22 Any bill or non-privileged resolution on the calendar which
23 cannot, by its status, be recommitted shall be removed from the
24 calendar and laid on the table, unless the House shall otherwise
25 direct.
26 A marked calendar compiled by the Majority Leader shall be
27 provided to all members on each legislative day on which votes
28 are scheduled on the calendar.
29 RULE 72
30 Journal, Transcribing and
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1 Documents Rooms
2 No person, except members and employees of the House having
3 official business, shall be permitted in the Transcribing, the
4 Legislative Journal, and the Bills and Documents Rooms of the
5 House without the consent of the Chief Clerk.
6 RULE 73
7 Correspondents
8 Admission to and administration of the Press Galleries of the
9 Senate and House of Representatives shall be vested in a
10 Committee on Correspondents consisting of the President pro
11 tempore of the Senate, or his designee; the Speaker of the House
12 of Representatives, or his designee; the Supervisor of the
13 Capitol Newsroom; the President of the Pennsylvania Legislative
14 Correspondents' Association, or his designee and the Executive
15 Director of the Pennsylvania Association of Broadcasters, or his
16 designee.
17 Persons desiring admission to the press sections of the
18 Senate and House of Representatives shall make application to
19 the Chairman of the Committee on Correspondents. Such
20 application shall state the newspaper, press association or
21 licensed radio or television station, its location, times of
22 publication or hours of broadcasting, and be signed by the
23 applicant.
24 The Committee on Correspondents shall verify the statements
25 made in such application, and, if the application is approved by
26 the committee, shall issue a correspondent's card signed by the
27 members of the committee.
28 The gallery assigned to newspaper correspondents or
29 recognized press association correspondents or representatives
30 of licensed radio and television stations, systems or
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1 newsgathering agencies shall be for their exclusive use and
2 persons not holding correspondents cards shall not be entitled
3 to admission thereto. Employees of the General Assembly,
4 representatives and employees of state departments, boards,
5 commissions and agencies, visitors and members of the families
6 of correspondents entitled to admission to the press gallery
7 shall, at no time, be permitted to occupy the seats or be
8 entitled to the privileges of the press gallery.
9 Accredited representatives of newspapers, wire, newsreel
10 services and licensed radio or television stations, systems or
11 newsgathering agencies, may be authorized by the Speaker of the
12 House to take photographs, make audio or video recordings or
13 tapes, and to broadcast or televise in the House of
14 Representatives. Applications to take photographs, make audio or
15 video recordings or tapes, or to broadcast or televise at public
16 hearings of committees shall be approved by the committee
17 chairman or co-chairmen conducting such hearing. However, the
18 committee chairman conducting the hearing may make such orders
19 to such representatives as may be necessary to preserve order
20 and decorum.
21 No photographs shall be taken nor any recordings or tapes
22 made, nor any broadcasting or televising done in the House of
23 Representatives during sessions, being at ease or recessed,
24 without prior notice to the Representatives. When possible, such
25 notice shall be given at the beginning of the session, at ease
26 or recess, during which the photographs, recordings or taping,
27 broadcasting or televising are scheduled to be taken or made.
28 No more than one representative of each newspaper, press
29 association or licensed radio or television station, system or
30 newsgathering agency shall be admitted to the press gallery at
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1 one time. Members of the Pennsylvania Legislative
2 Correspondents' Association and representatives of licensed
3 radio and television stations, systems or newsgathering
4 agencies, assigned to the House of Representatives on a daily
5 basis shall have permanent assigned seating in the press gallery
6 with identification plates. Visiting representatives of daily
7 newspapers, press associations, Sunday newspapers as well as
8 radio and television stations, systems or newsgathering agencies
9 shall coordinate seating accommodations with the supervisor of
10 the Capitol Newsroom.
11 Persons assigned to the press gallery on a permanent or
12 temporary basis, shall at all times, refrain from loud talking
13 or causing any disturbance which tends to interrupt the
14 proceedings of the House of Representatives.
15 Persons assigned to the press gallery on a permanent or
16 temporary basis shall not walk onto the floor of the House of
17 Representatives nor approach the rostrum or the clerks' desks
18 during session or while being at ease.
19 Persons assigned to the press gallery on a permanent or
20 temporary basis wishing to confer with a Representative shall
21 disclose this fact by having a message delivered by a page to
22 the Representative. Such conversation shall be conducted off the
23 floor of the House of Representatives.
24 Representatives of the Pennsylvania Public Broadcasting
25 System may, subject to regulations of the Speaker, televise or
26 make video tapes of proceedings of sessions of the House of
27 Representatives and meetings of all committees of the House of
28 Representatives.
29 RULE 74
30 Visitors
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1 Visitors shall be admitted to the Hall of the House only when
2 sponsored by a member. The Chief Clerk shall issue an
3 appropriate pass to any visitor so sponsored.
4 Persons admitted to the Hall of the House other than members
5 and attaches, shall not be permitted to stand while the House is
6 in session but shall be seated in chairs provided for them. At
7 no time shall visitors be permitted on the Floor of the House
8 while the House is in session unless so permitted by the
9 Speaker.
10 RULE 75
11 Lobbyists
12 No registered lobbyist shall be admitted to the Hall of the
13 House.
14 RULE 76
15 Soliciting Prohibited
16 No officer or employee of the House shall solicit any member,
17 other officer or employee of the House for any purpose.
18 RULE 77
19 Suspending and Changing Rules
20 Any rule of the House, which is not required by the
21 Constitution, may be temporarily suspended at any time for a
22 specific purpose only by a vote of two-thirds of the members
23 elected to the House by a roll call vote.
24 A motion to suspend the rules may not be laid on the table,
25 postponed, committed or amended.
26 The existing rules of the House shall not be changed, added
27 to, modified or deleted except by written resolution and the
28 same approved by a majority vote of the members elected to the
29 House by a roll call vote.
30 Except where such resolution originates with the Committee on
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1 Rules, no resolution proposing any change, addition,
2 modification or deletion to existing House rules shall be
3 considered until such resolution has been referred to the
4 Committee on Rules, reported therefrom, printed, filed on the
5 desk of each member and placed on the calendar.
6 Any proposed change, addition, modification or deletion
7 offered by a member on the floor of the House to such resolution
8 shall be considered, in effect, a change, addition, modification
9 or deletion to existing House rules and shall require for
10 approval a majority vote of the members by a roll call vote.
11 RULE 78
12 Parliamentary Authority
13 Jefferson's Manual supplemented by Mason's Manual of
14 Legislative Procedure shall be the parliamentary authority of
15 the House, if applicable and not inconsistent with the
16 Constitution of Pennsylvania, the laws of Pennsylvania
17 applicable to the General Assembly, the Rules of the House, the
18 established precedents of the House and the established customs
19 and usages of the House.
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