PRIOR PRINTER'S NO. 3 PRINTER'S NO. 15
No. 22 Session of 2007
INTRODUCED BY DeWEESE, S. H. SMITH AND McCALL, JANUARY 23, 2007
AS AMENDED, HOUSE OF REPRESENTATIVES, JANUARY 29, 2007
A RESOLUTION
1 Adopting as temporary rules for the House of Representatives the
2 Rules of the House of Representatives (2005-2006), further
3 providing FOR FISCAL NOTES, for standing committees and <--
4 subcommittees and, FOR FUNCTIONS OF STANDING COMMITTEES, for <--
5 voting AND FOR FINANCIAL INTERESTS IN GAMING ENTITIES; and <--
6 making editorial changes.
7 RESOLVED, That the temporary rules of the House of
8 Representatives (2007-2008) be rescinded.
9 RESOLVED, That the Rules of the House of Representatives
10 (2005-2006) be adopted as temporary rules for the 2007-2008
11 session of the House of Representatives with the following
12 amendments:
13 [(2005-2006)]
14 (2007-2008)
15 TEMPORARY RULES OF THE HOUSE OF REPRESENTATIVES
16 Definitions:
17 "Day" shall mean any calendar day.
18 "Floor of the House" shall be that area within the Hall of
19 the House between the Speaker's rostrum and the brass rail
20 behind the Members' seats.
1 "Formal Action" shall mean any vote or motion of a member of
2 a standing committee, standing subcommittee, select committee or
3 rules committee of the House of Representatives to report or not
4 report, amend, consider or table a bill or resolution and the
5 discussion and debate thereof.
6 "Hall of the House" shall be the floor space within its four
7 walls and does not include the adjoining conference rooms, the
8 lobbies or the upper gallery of the House.
9 "Legislative Day" shall mean any day that the House shall be
10 in session.
11 "Press Gallery" shall be within that area known as the Hall
12 of the House as designated by the Speaker.
13 "Roll Call Vote" shall be a vote taken and displayed by and
14 on the electric roll call board or in the event of a malfunction
15 of the electric roll call board, by such method as shall be
16 determined by the Speaker.
17 RULE 1
18 Speaker Presiding
19 The Speaker shall preside over the sessions of the House. He
20 may name a member to preside, but the substitution shall not
21 extend beyond an adjournment. He may appoint a member as Speaker
22 pro tempore to act in his absence for a period not exceeding ten
23 consecutive legislative days.
24 As presiding officer and in accordance with Article II § 2 of
25 the Constitution of Pennsylvania and the act of June 3, 1937
26 (P.L.1333, No.320), known as the Pennsylvania Election Code,
27 within ten days after the occurrence of a vacancy the Speaker
28 shall issue a writ for a special election to be held on a date
29 which shall occur on or before the date of the first primary,
30 municipal or general election which occurs not less than 60 days
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1 after the issuance of the writ. The Speaker shall not be
2 required to issue a writ of election if the election cannot be
3 scheduled until after the general election.
4 In case of failure to make an appointment, the House shall
5 elect a Speaker pro tempore to act during the absence of the
6 Speaker.
7 The Speaker pro tempore shall perform all the duties of the
8 Chair during the absence of the Speaker.
9 RULE 2
10 Taking the Chair
11 The Speaker shall take the Chair and call the members to
12 order on every legislative day at the hour to which the House
13 adjourned at the last sitting. On the appearance of a quorum,
14 the Speaker shall proceed to the regular order of business as
15 prescribed by the rules of the House.
16 RULE 3
17 Order and Decorum
18 The Speaker shall preserve order and decorum. In case of any
19 disturbance or disorderly conduct in the galleries or lobbies,
20 he shall have the power to order the same to be cleared.
21 The Speaker shall have the right to summon State Police to
22 assist in the preservation of order and decorum.
23 The Sergeant-at-Arms under the direction of the Speaker
24 shall, while the House is in session, maintain order on the
25 floor and its adjoining rooms. He shall enforce the rule with
26 respect to the conduct of visitors.
27 RULE 4
28 Questions of Order
29 The Speaker shall decide all questions of order subject to an
30 appeal by two members. The Speaker may, in the first instance,
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1 submit the question to the House. Questions involving the
2 constitutionality of any matters shall be decided by the House.
3 On questions of order there shall be no debate except on an
4 appeal from the decision of the Speaker or on reference of a
5 question by him to the House. In either case, no member shall
6 speak more than once except by leave of the House.
7 Unless germane to the appeal, a second point of order is not
8 in order while an appeal is pending; but, when the appeal is
9 disposed of, a second point of order is in order and is subject
10 to appeal.
11 RULE 5
12 Conference and Select Committee Appointments
13 All Committees of Conference shall be appointed by the
14 Speaker and shall be composed of three members, two of whom
15 shall be selected from the majority party and one from the
16 minority party.
17 The Speaker shall appoint the members of select committees,
18 unless otherwise ordered by the House.
19 RULE 6
20 Signature of the Speaker
21 The Speaker shall, in the presence of the House, sign all
22 bills and joint resolutions passed by the General Assembly after
23 their titles have been publicly read immediately before signing,
24 and the fact of signing shall be entered on the Journal.
25 Resolutions, addresses, orders, writs, warrants and subpoenas
26 issued by order of the House shall be signed by the Speaker and
27 attested by the Chief Clerk.
28 RULE 7
29 Oath to Employees
30 The Chief Clerk shall administer an oath or affirmation to
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1 the employees of the House that they will severally support,
2 obey and defend the Constitution of the United States and the
3 Constitution of Pennsylvania, and that they will discharge the
4 duties of their offices with fidelity.
5 Each employee of the House, after taking the oath of office,
6 shall sign his name in the Oath Book in the presence of the
7 Chief Clerk.
8 RULE 8
9 Supervision of Hall of the House
10 and Committee Rooms
11 Subject to the direction of the Speaker, the Chief Clerk
12 shall have supervision and control over the Hall of the House,
13 the caucus and committee rooms and all other rooms assigned to
14 the House.
15 During the sessions of the Legislature the Hall of the House
16 shall not be used for public or private business other than
17 legislative matters except by consent of the House. During
18 periods of recess of the House such use may be authorized by the
19 Speaker without the consent of the House.
20 RULE 9
21 Decorum
22 While the Speaker is putting a question or addressing the
23 House and during debate or voting, no member shall disturb
24 another by talking or walking up and down or crossing the floor
25 of the House.
26 RULE 9 (a)
27 Smoking
28 No smoking of cigarettes, cigars, pipes and other tobacco
29 products shall be allowed in the Hall of the House.
30 RULE 10
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1 Debate
2 When a member desires to address the House, he shall rise and
3 respectfully address himself to "Mr. Speaker." Upon being
4 recognized, he may speak, confining himself to the question
5 under consideration and avoiding personal reflections.
6 When two or more members rise at the same time and ask for
7 recognition, the Speaker shall designate the member who is
8 entitled to the floor.
9 No member, except the Majority and Minority Leaders, may
10 speak more than twice on any question, without the consent of
11 the House.
12 With the unanimous consent of the House a member may make a
13 statement not exceeding ten minutes in length concerning a
14 subject or matter not pending before the House for
15 consideration, providing the Majority and Minority Leaders have
16 agreed on a time the member is to ask for recognition.
17 RULE 11
18 Interruption of a Member who Has the Floor
19 A member who has the floor may not be interrupted, except for
20 questions of order or by a motion for the previous question.
21 With his consent, a member may yield the floor for questions
22 related to the subject before the House.
23 RULE 12
24 Personal Privilege
25 Any member may by leave of the Speaker rise and explain a
26 matter personal to himself, but he shall not discuss a pending
27 question in his explanation. Questions of personal privilege
28 shall be limited to questions affecting the rights, reputation
29 and conduct of members of the House in their respective
30 capacity.
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1 RULE 13
2 Transgression of House Rules
3 If any member in speaking or otherwise transgresses the Rules
4 of the House, the Speaker or any member through the Speaker
5 shall call him to order, in which case he shall immediately sit
6 down unless permitted by the House to explain.
7 The House upon appeal shall decide the case without debate.
8 If the decision is in favor of the member, he may proceed. If
9 the case requires it, he shall be liable to censure or other
10 punishment as the House deems proper.
11 RULE 14
12 Members' and Employees' Expenses
13 A member who attends a duly called meeting of a standing or
14 special committee of which he is a member when the House is not
15 in session or who is summoned to the State Capitol or elsewhere
16 by the Speaker, or the Majority or Minority Leader of the House,
17 to perform legislative services when the House is not in session
18 shall be reimbursed per day for each day of service, plus
19 mileage to and from his residence, at such rates as are
20 established from time to time by the Committee on Rules but not
21 in excess of the applicable maximum mileage rate authorized by
22 the Federal Government. For travel to any location for committee
23 meetings or for travel to the State Capitol for any reason,
24 members cannot receive reimbursement in excess of the applicable
25 maximum per diem rate authorized by the Federal Government.
26 These expenses shall be paid by the Chief Clerk from
27 appropriation accounts under his exclusive control and
28 jurisdiction, upon a written request approved by the Speaker of
29 the House, or the Majority or the Minority Leader of the House.
30 An employee of the House summoned by the Speaker or the
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1 Majority or Minority Leader of the House to perform legislative
2 services outside of Harrisburg shall be reimbursed for actual
3 expenses and mileage to and from his residence. Such expenses
4 may be paid by the Speaker, Majority or Minority Leader, if they
5 agree to do so, or shall be paid by the Chief Clerk from
6 appropriation accounts under his exclusive control and
7 jurisdiction, upon a written request approved by the Speaker, or
8 the Majority or the Minority Leader. District office employees
9 are only permitted to be reimbursed from an account under the
10 control of the Chief Clerk when traveling to Harrisburg for a
11 training program sponsored by either caucus or for travel to a
12 legislative conference approved by the Speaker, the Majority
13 Leader or the Minority Leader. All other travel by district
14 office employees may be reimbursed from the member's accountable
15 expenses or an account under the control of the Speaker, the
16 Majority Leader or the Minority Leader.
17 Members and employees traveling outside the Commonwealth of
18 Pennsylvania who receive any reimbursement for expenses or
19 travel which reimbursement is from public funds shall file with
20 the Chief Clerk a statement containing his name and the name,
21 place, date and the purpose of the function.
22 Money appropriated specifically to and allocated under a
23 specific symbol number for allowable expenses of members of the
24 House of Representatives shall be reimbursed to each member upon
25 submission of vouchers and any required documentation by each
26 member on forms prepared by the Chief Clerk of the House. No
27 reimbursement shall be made from this account where a member is
28 directly reimbursed for the same purpose from any other
29 appropriation account.
30 Such allowable expenses of members may be used for any
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1 legislative purpose or function, including but not limited to
2 the following:
3 (1) Travel expense on legislative business.
4 (a) Mileage on session or nonsession days at a rate as
5 may be approved from time to time by the Committee on Rules,
6 but not in excess of the maximum mileage rate authorized by
7 the Federal Government for travel; voucher only.
8 (b) Miscellaneous transportation on legislative business
9 (taxi, airport limousine parking, tolls), and expenses of a
10 similar nature; voucher only for any single expense not in
11 excess of $10.
12 (c) Travel on legislative business by common carrier
13 other than taxi and airport limousine; voucher and receipt
14 from common carrier.
15 (d) Car rental; voucher and receipt from rental agency
16 but reimbursement not to exceed in any month an amount as may
17 be approved from time to time by the Committee on Rules. Any
18 amount in excess of the said amount shall be paid by the
19 person renting the car. In no event shall other than American
20 manufactured cars be rented.
21 (e) Lodging, restaurant charges and other miscellaneous
22 and incidental expenses while away from home. Vouchers only
23 for per diem allowance approved from time to time by the
24 Committee on Rules, but not in excess of the applicable
25 maximum per diem rate authorized by the Federal Government or
26 for actual expenses not in excess of such per diem rate.
27 (2) Administrative, clerical and professional services for
28 legislative business, except for employment of spouses or any
29 relatives, by blood or marriage.
30 (a) Administrative and clerical services; voucher and
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1 receipt from person employed.
2 (b) Professional services; voucher and receipt and copy
3 of agreement or contract of employment.
4 (3) Rent for legislative office space; purchase of office
5 supplies; postage; telephone and answering services; printing
6 services and rental only of office equipment; voucher and
7 vendor's receipt, except for postage expense. No reimbursement
8 or expenditure shall be made out of any appropriation account
9 for any mass mailing including a bulk rate mailing made at the
10 direction or on behalf of any member which is mailed or
11 delivered to a postal facility within 60 days immediately
12 preceding any primary or election at which said member is a
13 candidate for public office.
14 Mass mailing shall mean a newsletter or similar mailing of
15 more than 50 pieces in which the content of the matter is
16 substantially identical. Nothing in this rule shall apply to any
17 mailing which is in direct response to inquiries or requests
18 from persons to whom matter is mailed, which is addressed to
19 colleagues in the General Assembly or other government officials
20 or which consists entirely of news releases to the
21 communications media.
22 (4) Official entertainment--restaurant and beverage charges;
23 voucher only for expenses. Receipts for entertainment expenses,
24 together with a statement of the reason for the expense, shall
25 be submitted with the request for reimbursement.
26 (5) Purchase of flags, plaques, publications, photographic
27 services, books, and other similar items in connection with
28 legislative activities; voucher and vendor's receipt.
29 (6) Communications and donations in extending
30 congratulations or sympathy of illness or death; voucher only on
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1 expenses not in excess of $35.
2 No money appropriated for members' and employees' expenses
3 shall be used for contributions to political parties or their
4 affiliated organizations or to charitable organizations or for
5 charitable advertisements.
6 All disbursements made, debts incurred or advancements paid
7 from any appropriation account made to the House or to a member
8 or nonmember officer under a General Appropriation Act or any
9 other appropriation act shall be recorded in a monthly report
10 and filed with the Chief Clerk by the person authorized to make
11 such disbursement, incur any debt or receive any advancement on
12 a form prescribed by the Chief Clerk.
13 The Chief Clerk shall prescribe the form of all such reports
14 and make such forms available to those persons required to file
15 such reports. Such report form shall include:
16 (1) As to personnel:
17 (a) The name, home address, job title, brief description
18 of duties and where they are performed, department or member
19 or members to whom assigned, the name of immediate supervisor
20 and minimum hours of employment per week of each employee.
21 (b) The appropriation account from which such employee
22 is compensated, the amount of compensation and whether such
23 person is on salary, per diem or contract.
24 (2) As to all other expenditures:
25 (a) To whom it was paid, the amount thereof, and the
26 nature of the goods, services or other purpose for which the
27 expenditure was made.
28 (b) The appropriation account from which the expenditure
29 was made and the name or names of the person or persons
30 requesting and/or authorizing the same.
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1 A copy of each such report shall also be filed with the
2 Special Committee on Internal Affairs and House Administration
3 for use in the performance of its duties under Rule 47(a).
4 The reporting requirements as to personnel may be fulfilled
5 by the maintenance in the Office of the Chief Clerk of the House
6 of an alphabetized file containing the current information for
7 each employee as set forth above.
8 All monthly reports filed on disbursements made or debts
9 incurred by any officer or member or employee from
10 appropriations made to the House or to a member or nonmember
11 officer under any General Appropriation Act, and the
12 documentation for each disbursement, shall be public information
13 and shall be available for public inspection during regular
14 business hours in the office of the Chief Clerk. The Chief Clerk
15 shall prescribe reasonable rules and regulations for inspection
16 of such reports but in no case shall inspection be denied to any
17 person for a period exceeding 48 hours (excluding Saturdays and
18 Sundays) from the time a written request has been submitted to
19 the Chief Clerk. Photocopies of such reports shall be made
20 available upon request to a member at no charge or to the public
21 for a duplication fee as may be fixed by the Chief Clerk. Such
22 reports shall be made available to a member or to the public on
23 or before the last day of the month next succeeding the month in
24 which the report was filed.
25 All vouchers and requisitions relating to all expenditures,
26 expenses, disbursements and other obligations out of all
27 appropriated funds of the House, and the documentation
28 evidencing payment of the vouchers and requisitions, shall be
29 available for public inspection during regular business hours in
30 the office of the Chief Clerk or at such other location within
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1 the Capitol as the Chief Clerk shall prescribe. Nothing in this
2 rule shall require release of any information deemed
3 confidential, including, but not limited to, a telephone number,
4 a credit card number and a Social Security number.
5 All requests to review payroll and independent contractor
6 records of the House or any other vouchers or requisitions for
7 funds appropriated to the House shall be made to the Chief
8 Clerk, in writing, at least three working days prior to the date
9 on which the review is requested. The request shall be signed by
10 the party who will be making the review and it shall indicate
11 the name of the organization or entity employing such
12 individual. The Chief Clerk shall establish a time during normal
13 business hours for the review to occur and he shall provide that
14 the review shall not interfere with the necessary functioning of
15 the Chief Clerk's office.
16 All requests for reimbursement out of any appropriation shall
17 be accompanied by a voucher, or other documents where required,
18 evidencing payment or approval. The voucher form shall be
19 approved and supplied by the Chief Clerk. Receipts or
20 documentation of every expenditure or disbursement which is in
21 excess of the maximum amount as set forth herein shall be
22 attached to the voucher. Where a request for payment is made in
23 advance of an expense actually incurred, the Chief Clerk, before
24 making such advance payment shall require a description
25 satisfactory to the Chief Clerk of the item or service to be
26 purchased or the expense to be incurred, and a receipt or other
27 documentation shall be given to the Chief Clerk after the item
28 or service has been purchased or expense incurred as evidence
29 that such advancement was in fact expended for such purpose.
30 All reports, vouchers and receipts from which reports are
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1 prepared and filed shall be retained by the Chief Clerk, officer
2 or member, as the case may be, for such period of time as may be
3 necessary to enable the Legislative Audit Advisory Commission
4 created pursuant to the act of June 30, 1970 (P.L.442, No.151),
5 entitled "An act implementing the provisions of Article VIII,
6 section 10 of the Constitution of Pennsylvania, by designating
7 the Commonwealth officers who shall be charged with the function
8 of auditing the financial transactions after the occurrence
9 thereof of the Legislative and Judicial branches of the
10 government of the Commonwealth, establishing a Legislative Audit
11 Advisory Commission, and imposing certain powers and duties on
12 such commission," to conduct, through certified public
13 accountants appointed by it, annual audits to assure that such
14 disbursements made or debts incurred were in accordance with
15 Legislative Audit Advisory Commission guidelines and standards
16 as approved by the Committee on Rules, or for a minimum of three
17 years, whichever is longer. All annual audit reports shall be
18 available for public inspection. Photocopies of such reports
19 shall be available for a fee established by the Chief Clerk not
20 to exceed the cost of duplication.
21 All expenditures of funds appropriated to the House or to a
22 member or nonmember officer shall be subject to the expenditure
23 guidelines established by the Rules Committee. The Rules
24 Committee shall establish standards regarding documentation
25 evidencing payment out of any appropriations account made to the
26 House or to a member or nonmember officer.
27 RULE 15
28 Time of Meeting
29 The House shall convene on the first legislative day of the
30 week at 1:00 P.M. prevailing time, unless otherwise ordered by a
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1 roll call vote of the majority of those elected to the House.
2 On other days the House shall convene at the discretion of
3 the House.
4 RULE 16
5 Quorum
6 A majority of the members shall constitute a quorum, but a
7 smaller number may adjourn from day to day and compel the
8 attendance of absent members. (Constitution, Article II, Section
9 10).
10 When less than a quorum vote on any question, the Speaker
11 shall forthwith order the doors of the House closed and the
12 names of the members present shall be recorded. If it is
13 ascertained a quorum is present, either by answering to their
14 names or by their presence in the House, the Speaker shall again
15 order the yeas and nays. If any member present refuses to vote,
16 his refusal shall be deemed a contempt. Unless purged, the House
17 may order the Sergeant-at-Arms to remove the member or members
18 without the bar of the House. All privileges of membership shall
19 be refused the member or members so offending until the contempt
20 is purged.
21 RULE 17
22 Order of Business
23 The daily order of business shall be:
24 (1) Prayer by the Chaplain.
25 (2) Pledge of Allegiance.
26 (3) Correction and approval of the Journal.
27 (4) Leaves of absence.
28 (5) Master Roll Call.
29 (6) Reports of Committee.
30 (7) First consideration bills.
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1 (8) Second consideration bills.
2 (9) Third consideration bills, final passage bills
3 (including both third consideration and final passage
4 postponed bills) and resolutions.
5 (10) Final passage bills recalled from the Governor.
6 (11) Messages from the Senate and communications from the
7 Governor.
8 (12) Reference to appropriate committees of bills,
9 resolutions, petitions, memorials, remonstrances and
10 other papers.
11 (13) Unfinished business on the Speaker's table.
12 (14) Announcements.
13 (15) Adjournment.
14 Any question may, by a majority vote of the members elected,
15 be made a special order of business. When the time arrives for
16 its consideration, the Speaker shall lay the special order of
17 business before the House.
18 In lieu of offering House Resolutions on topics of importance
19 to members, any member, without unanimous consent, may address
20 the House on such issue and have his or her remarks entered into
21 the record during a special period of time established each week
22 by the Speaker at the conclusion of House business on a specific
23 day.
24 RULE 18
25 Introduction and Printing of Bills
26 Bills shall be introduced in quadruplicate, signed and dated
27 by each member who is a sponsor of the bill, and filed with the
28 Chief Clerk on any day that the offices of the House of
29 Representatives are open for business. A sponsor may be added or
30 withdrawn upon written notice to the Speaker, Majority Leader,
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1 Minority Leader and the prime sponsor. In the case of
2 withdrawals, the names shall be withdrawn if and when the bill
3 is reprinted. Additional sponsors may be added only by the prime
4 sponsor by providing written notice to the Speaker, Majority
5 Leader and Minority Leader.
6 Bills introduced when received at the Chief Clerk's desk
7 shall be numbered consecutively and delivered to the Speaker,
8 who shall refer each bill to an appropriate committee on any day
9 whether or not the House is in session. If the resolution
10 creating a select committee authorizes the referral of bills to
11 that committee, the Speaker, in his discretion, may refer bills,
12 within the scope of the resolution, to such select committee.
13 Insofar as applicable, the select committee shall consider and
14 report bills in accordance with the rules governing the
15 consideration and reporting of bills by standing committees. The
16 Speaker shall report to the House the committees to which bills
17 have been referred, either on the day introduced or received or
18 on the next two legislative days the House is in session, unless
19 the House is in recess for more than four consecutive days in
20 which case the Speaker shall provide a list to the Majority
21 Leader and the Minority Leader, within two calendar days, of all
22 bills which were referred during such period when the House was
23 not in session.
24 If the Speaker neglects or refuses to refer to committee any
25 bill or bills (whether House or Senate) as above after
26 introduction or presentation by the Senate for concurrence, any
27 member may move for the reference of the bill to an appropriate
28 committee. If the motion is carried, said bill or bills shall be
29 immediately surrendered by the Speaker to the committee
30 designated in said motion.
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1 The first copy of each bill introduced shall be for the
2 committee, the second copy shall be for the printer, the third
3 copy shall be for the news media and the fourth copy shall be
4 for the Legislative Reference Bureau.
5 Every bill, after introduction and reference to committee,
6 shall be printed.
7 Bills may not be withdrawn after reference to committee.
8 RULE 19
9 Bills Referred to Committees
10 No bill shall be considered unless referred to a committee,
11 printed for the use of the members and returned therefrom.
12 (Constitution, Article III, Section 2).
13 RULE 19 (a)
14 Fiscal Notes
15 (1) No bill, except a General Appropriation bill or any
16 amendments thereto, which may require an expenditure of
17 Commonwealth funds or funds of any political subdivision or
18 which may entail a loss of revenues overall, or to any
19 separately established fund shall be given second consideration
20 reading on the calendar until it has first been referred to the
21 Appropriations Committee for a fiscal note, provided however
22 that the Rules Committee may by an affirmative vote of three-
23 quarters of the entire membership to which such committee is
24 entitled:
25 (a) Waive the recommittal to the Appropriations
26 Committee and provide that the fiscal note be attached to the
27 bill while on the active calendar. The providing of such note
28 shall be a priority item for the Appropriations Committee; or
29 (b) Waive the necessity of a fiscal note on any bill
30 which it deems to have a de minimis fiscal impact or which
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1 merely authorizes, rather than mandates, an increase in
2 expenditures or an action that would result in a loss of
3 revenue.
4 (2) Nothing herein shall preclude any member from moving, at
5 the proper time, the recommittal of any bill to the
6 Appropriations Committee for a fiscal note.
7 (3) The Appropriations Committee shall be limited in its
8 consideration of any such bill to the fiscal aspects of the bill
9 and shall not consider the substantive merits of the bill nor
10 refuse to report any such bill from committee for reasons other
11 than fiscal aspects. The fiscal note shall accompany the bill
12 and provide the following information in connection with the
13 Commonwealth and its political subdivisions:
14 (a) The designation of the fund out of which the
15 appropriation providing for expenditures under the bill shall
16 be made;
17 (b) The probable cost of the bill for the fiscal year of
18 its enactment;
19 (c) A projected cost estimate of the program for each of
20 the five succeeding fiscal years;
21 (d) The fiscal history of the program for which
22 expenditures are to be made;
23 (e) The probable loss of revenue from the bill for the
24 fiscal year of its enactment;
25 (f) A projected loss of revenue estimate from the bill
26 for each of the five succeeding fiscal years;
27 (g) The line item, if any, of the General Appropriation
28 Bill out of which expenditures or losses of Commonwealth
29 funds shall occur as a result of the bill;
30 (h) The recommendation, if any, of the Appropriations
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1 Committee and the reasons therefor relative to the passage or
2 defeat of the bill; and
3 (i) A reference to the source of the data from which the
4 foregoing fiscal information was obtained, and an explanation
5 of the basis upon which it is computed.
6 (4) No bill which may result in an increase in the
7 expenditure of Commonwealth funds shall be given second
8 consideration reading on the calendar until the Appropriations
9 Committee has certified that provision has been made to
10 appropriate funds equal to such increased expenditure. Whenever
11 the Appropriations Committee cannot so certify, the bill shall
12 be returned to the committee from which it was last reported for
13 further consideration and/or amendment.
14 (5) No amendment to a bill, concurrences in Senate
15 amendments, or adoption of a conference report which may result
16 in an increase in the expenditure of Commonwealth funds or those
17 of a political subdivision or which may entail a loss of
18 revenues in addition to that originally provided for in the bill
19 prior to the proposed changes nor any bill requiring a fiscal
20 note for which re-referral to the Appropriations Committee has
21 been waived by the Rules Committee shall be voted upon until a
22 fiscal note is available for distribution to the members with
23 respect to such changes or to such bill showing the fiscal
24 effect of the changes with respect to the bill, and containing
25 the information set forth by subsection (3) of this rule.
26 (5.1) All requests for fiscal notes on amendments must be
27 submitted to the Appropriations Committee by 2:00 P.M. of the
28 last legislative day preceding the scheduled vote. The amendment
29 must accompany the request for a fiscal note. If the fiscal note
30 request cannot be submitted in accordance with this subsection
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1 because the amendment is still being prepared by the Legislative
2 Reference Bureau, the member must, by the deadline set forth in
3 this subsection, provide the Appropriations Committee with a
4 statement prepared by the member which contains the factual
5 content of the amendment and which meets the requirements of
6 Rule 21. A fiscal note on an amendment shall not be issued
7 unless the printed amendment has been submitted by the member to
8 the Appropriations Committee for its review.
9 (6) In obtaining the information required by these rules,
10 the Appropriations Committee may utilize the services of the
11 [Budget Bureau] OFFICE OF THE BUDGET and any other State agency <--
12 as may be necessary.
13 (7) Any bill proposing any change relative to the retirement
14 system of the Commonwealth or any political subdivision thereof,
15 funded in whole or in part out of the public funds of the
16 Commonwealth or any political subdivision, shall have attached
17 to it an actuarial note. Except for the provisions pertaining to
18 the content of fiscal notes as set forth in paragraphs (a)
19 through (i) of subsection (3), all the provisions pertaining to
20 and procedures required of bills containing fiscal notes, shall,
21 where applicable, also be required for bills containing
22 actuarial note. The actuarial note shall contain a brief
23 explanatory statement or note which shall include a reliable
24 estimate of the financial and actuarial effect of the proposed
25 change in any such retirement system.
26 RULE 19 (b)
27 General Appropriation Bill and Non-Preferred Bills
28 This rule shall apply to all amendments offered to the
29 General Appropriation Bill for each proposed fiscal year
30 including any amendments offered to or for supplemental
20070H0022R0015 - 21 -
1 appropriations to prior fiscal years contained within the
2 General Appropriation Bill, and shall also apply to all
3 amendments offered to any non-preferred appropriation bill for
4 the same fiscal year.
5 Any amendment offered on the floor of the House to the
6 General Appropriation Bill that proposes to increase spending of
7 State dollars for the Commonwealth's proposed fiscal year or
8 prior fiscal years above the levels contained in the General
9 Appropriation Bill as reported from the Appropriations Committee
10 plus any aggregate if certified each year by the Appropriations
11 Committee shall not be in order and may not be considered unless
12 the same amendment contains sufficient reductions in line items
13 of that General Appropriation Bill so that the amendment offered
14 does not result in a net increase in the total proposed spending
15 contained within the General Appropriation Bill plus any
16 aggregate if certified by the Appropriations Committee.
17 Any amendment offered on the floor of the House to any non-
18 preferred appropriation bill that proposes to increase spending
19 of State dollars for the current fiscal year above the levels
20 contained in that non-preferred appropriation bill as reported
21 from the Appropriations Committee shall not be in order and may
22 not be considered unless the same amendment contains sufficient
23 reductions in that non-preferred appropriation bill so that the
24 amendment offered does not result in a net increase in the total
25 proposed spending contained within that non-preferred
26 appropriation bill.
27 In order to be considered, amendments to the General
28 Appropriation Bill must be submitted to the Office of the Chief
29 Clerk by 2:00 P.M. of the Monday of the week prior to the
30 scheduled vote of the General Appropriation Bill. The
20070H0022R0015 - 22 -
1 Appropriations Committee for special and proper reason and by
2 majority vote, may waive this deadline. Members shall be
3 notified of the scheduled vote on the General Appropriation Bill
4 no later than 4:30 P.M. of the Wednesday preceding the above
5 noted Monday on which the amendments must be filed to the Bill.
6 Rule 21 of the Rules of the House, insofar as it applies to the
7 filing deadline for amendments and notice requirements for the
8 voting schedule for the General Appropriation Bill, shall not
9 apply to this rule. Rule 21 shall, however, apply to the non-
10 preferred appropriation bills.
11 If the amendment cannot be submitted in accordance with the
12 provision of the previous paragraph because it is still being
13 prepared by the Legislative Reference Bureau, the member must,
14 by 2:00 P.M. on the Monday of the week prior to the scheduled
15 vote, provide the Office of the Chief Clerk with a statement,
16 prepared by the member containing the factual content and exact
17 amounts of increases and decreases in line items which would be
18 proposed in the amendment, along with certification from the
19 Legislative Reference Bureau that the amendment was submitted to
20 the Legislative Reference Bureau prior to 2:00 P.M. on the
21 aforementioned Monday. This filing deadline does not apply to
22 amendments to any non-preferred appropriation bill.
23 Debate on any debatable question related to the General
24 Appropriation Bill or a nonpreferred appropriation bill shall be
25 limited to five minutes each time a member is recognized. On the
26 bill a sponsor of an amendment shall be entitled to be
27 recognized twice, a maker of a debatable motion shall be
28 entitled to be recognized twice, any other members shall be
29 entitled to be recognized once.
30 This rule may be temporarily suspended only by two-thirds
20070H0022R0015 - 23 -
1 vote of the members elected to the House by a roll call vote.
2 RULE 20
3 Bills Confined to One Subject
4 No bill shall be passed containing more than one subject,
5 which shall be clearly expressed in its title, except a general
6 appropriation bill or a bill codifying or compiling the law or a
7 part thereof. (Constitution, Article III, Section 3).
8 RULE 21
9 Consideration of Bills
10 Every bill and every joint resolution shall be considered on
11 three different days. All amendments made thereto shall be
12 printed for the use of the members before the final vote is
13 taken thereon, and before the final vote is taken, upon written
14 request addressed to the presiding officer by at least 25% of
15 the members elected to the House, any bill shall be read at
16 length. No bill shall become law and no joint resolution adopted
17 unless, on its final passage, the vote is taken by yeas and
18 nays, the names of the persons voting for and against it are
19 entered on the Journal, and a majority of the members elected to
20 the House is recorded thereon as voting in its favor.
21 (Constitution, Article III, Section 4).
22 Members shall be notified of bills and resolutions scheduled
23 to be voted no later than prior to the close of business at 4:30
24 P.M. of the second legislative day prior to the scheduled vote
25 on final passage for legislation that has no legal deadline.
26 (The General Appropriation Act and non-preferred bills are
27 included within the definition of legislation that has no legal
28 deadline.) All amendments shall be submitted to the Office of
29 the Chief Clerk by 2:00 P.M. of the last legislative day
30 preceding the scheduled vote. No vote on final passage can occur
20070H0022R0015 - 24 -
1 before the date of the scheduled vote.
2 If the amendment cannot be submitted in accordance with the
3 above paragraph because it is still being prepared by the
4 Legislative Reference Bureau, the member must provide the Office
5 of the Chief Clerk with a statement, by the above-noted 2:00
6 P.M. deadline, prepared by the member containing the factual
7 content of said amendment along with certification from the
8 Legislative Reference Bureau that the amendment was submitted to
9 the Legislative Reference Bureau for drafting prior to the
10 above-noted 2:00 P.M. deadline.
11 Members shall be notified no later than one hour prior to the
12 consideration of all bills on concurrence, unless the
13 concurrence is the General Appropriation Bill, in which case at
14 least 24 hours' notice shall be provided. Additionally, members
15 shall be notified and conference committee reports shall be
16 available to members at least 24 hours prior to the adoption of
17 all conference committee reports. When these reports are
18 considered on the first legislative day of the week, said notice
19 shall be provided no later than the close of business on the
20 last business day preceding the vote.
21 RULE 22
22 First Consideration Bills
23 Bills reported from committees shall be considered for the
24 first time when reported and shall then be automatically removed
25 from the calendar and laid on the table, except House bills
26 reported from committees after the first Monday in June until
27 the first Monday in September which shall then be automatically
28 recommitted to the Committee on Rules.
29 After the first Monday in September, any bill which was
30 automatically recommitted to the Committee on Rules pursuant to
20070H0022R0015 - 25 -
1 this Rule 22 shall automatically be re-reported to the floor of
2 the House and laid on the table.
3 The Rules Committee shall not in any instance have the power
4 to amend a bill that has already gone through another committee.
5 Any bill which was automatically laid on the table pursuant
6 to this Rule 22 and has remained on the table for 15 legislative
7 days shall automatically be removed from the table and returned
8 to the calendar for second consideration the next legislative
9 day.
10 Any bill which was automatically laid on the table pursuant
11 to this Rule 22 may be removed from the table by motion of the
12 Majority Leader, or his designee, acting on a report of the
13 Committee on Rules. Such report shall be in writing and a copy
14 thereof distributed to each member. Any bill so removed from the
15 table shall be placed on the second consideration calendar on
16 the legislative day following such removal. Nothing herein shall
17 affect the right of any member to make a motion to remove a bill
18 from the table.
19 Amendments shall not be proposed, nor is any other motion in
20 order on first consideration.
21 Bills shall not be considered beyond first consideration
22 until the latest print thereof is on the desks of the members.
23 Any noncontroversial bill, which is defined as any bill,
24 other than an appropriations bill, approved by a committee with
25 no negative votes or abstentions, and with the approval of the
26 Majority Leader and the Minority Leader, shall be placed on an
27 uncontested calendar. Bills on the uncontested calendar shall be
28 voted upon by a single roll-call vote. Each bill listed on the
29 uncontested calendar will be printed separately in the journal
30 with the vote recorded on the approval of the uncontested
20070H0022R0015 - 26 -
1 calendar as the vote on final passage of each bill contained
2 therein.
3 If any member should object to the placement of a bill on the
4 uncontested calendar, the bill shall be automatically removed
5 from the uncontested calendar and placed on the regular calendar
6 the next legislative day.
7 RULE 23
8 Second Consideration Bills
9 Bills on second consideration shall be considered in their
10 calendar order and be subject to amendment.
11 No House bill on second consideration shall be considered
12 until called up by a member.
13 RULE 24
14 Third Consideration and Final Passage Bills
15 Bills on third consideration and final passage shall be
16 considered in their calendar order.
17 A bill on third consideration may be amended.
18 After a bill is agreed to on third consideration, prior to
19 voting, if the bill has not been caucused upon by both caucuses
20 or if the bill is not available on the Legislative Data
21 Processing floor system, the title or a brief analysis of the
22 bill shall be read.
23 The Speaker shall then state the question as follows:
24 "This bill has been considered on three different days
25 and agreed to and is now on final passage."
26 "The question is, shall the bill pass finally?"
27 "Agreeable to the provision of the Constitution, the yeas
28 and nays will now be taken."
29 When more than one bill shall be considered at the same time,
30 prior to voting, if the bill has not been caucused upon by both
20070H0022R0015 - 27 -
1 caucuses or if the bill is not available on the Legislative Data
2 Processing floor system, the title or a brief analysis of the
3 bill shall be read.
4 The Speaker shall then state the question as follows:
5 "These bills have been considered on three different days
6 and agreed to and are now on final passage."
7 "The question is, shall the bills on the uncontested
8 calendar pass finally?"
9 "Agreeable to the provision of the Constitution, the yeas
10 and nays will now be taken."
11 RULE 25
12 Defeated Bills
13 When a bill or resolution has been defeated by the House, it
14 shall not be reintroduced, or, except as provided in Rule 26, be
15 reconsidered, nor shall it be in order to consider a similar
16 one, or to act on a Senate bill or resolution of like import,
17 during the same session.
18 RULE 26
19 Reconsideration
20 A motion to reconsider the vote by which a bill, resolution
21 or other matter was passed or defeated shall be made in writing
22 by two members. The motion shall be in order only under the
23 order of business in which the vote proposed to be reconsidered
24 occurred and shall be decided on a roll-call vote by a majority
25 vote. No motion to reconsider shall be in order when the bill,
26 resolution or other matter is no longer in the possession of or
27 is not properly before the House.
28 A motion to reconsider any such vote must be made on the same
29 day on which the initial vote was taken or within the succeeding
30 five days in which the House is in session, provided such bill,
20070H0022R0015 - 28 -
1 resolution or other matter is still in the possession of or is
2 properly before the House.
3 When a motion to reconsider any such vote is made within the
4 aforesaid time limits and is decided by the affirmative vote
5 prescribed herein, the question immediately recurs on the bill,
6 resolution or other matter reconsidered.
7 Where a bill, resolution or other matter has been initially
8 defeated and a motion to reconsider is not timely made, then
9 such bill, resolution or other matter shall carry the status of
10 "defeated finally" and not properly before the House. Therefore,
11 it shall not be in order to entertain a motion to reconsider any
12 such vote.
13 Where a timely made motion to reconsider is lost, it shall
14 not be in order to again entertain a motion to reconsider any
15 such vote, even though such second motion to reconsider is
16 timely made.
17 Where a bill, resolution, or other matter has been initially
18 defeated, and a timely made motion to reconsider the vote is
19 lost, or if no motion to reconsider the vote was timely made,
20 then it shall not be in order for the House thereafter to
21 receive or consider a new bill, resolution or other matter
22 embracing therein a subject or purpose basically identical to or
23 of similar import to the subject matter or purpose of the bill,
24 resolution or matter initially defeated.
25 The vote on a bill or resolution recalled from the Governor
26 may be reconsidered at any time after the bill or resolution has
27 been returned to the House.
28 No bill, resolution or other matter may be reconsidered more
29 than twice on the same legislative day.
30 RULE 27
20070H0022R0015 - 29 -
1 Amendments
2 No bill shall be amended so as to change its original
3 purpose. (Constitution, Article III, Section 1).
4 No motion or proposition on a subject different from that
5 under consideration shall be admitted under color of amendment.
6 Any member may move to amend a bill or resolution, provided
7 the proposed amendment is germane to the subject. Questions
8 involving whether an amendment is germane to the subject shall
9 be decided by the House.
10 No amendment to an amendment shall be admitted nor
11 considered.
12 If an amendment is not filed in a timely manner pursuant to
13 the provisions of House Rule 21, then the sponsor of the
14 amendment shall explain the amendment prior to consideration by
15 the House.
16 Before consideration, nine typewritten copies of a proposed
17 amendment signed by its sponsor shall be presented to the
18 Speaker, one copy of which shall be delivered to the news media
19 and a printed copy in typewritten form prepared by the
20 Legislative Reference Bureau shall be placed on the desk of each
21 member if the amendment is not available on the Legislative Data
22 Processing floor system.
23 Amendments adopted or defeated may not be considered again
24 without first reconsidering the vote.
25 RULE 28
26 Bills Amending Existing Law
27 Bills amending existing law shall indicate present language
28 to be omitted by placing it within brackets and new language to
29 be inserted by underscoring. (Constitution, Article III, Section
30 6).
20070H0022R0015 - 30 -
1 RULE 29
2 Form for Printing Amendments
3 In printing amendments to bills and resolutions, all new
4 matter added shall be in CAPITAL LETTERS, and matter to be
5 eliminated shall be indicated by strike-out type.
6 In reprinting House bills previously amended by the House and
7 in reprinting Senate bills previously amended by the Senate, but
8 not in Senate bills previously amended by the House, all matters
9 appearing in strike-out type shall be dropped from the new print
10 and all matter appearing in CAPITAL LETTERS shall be reset in
11 lower case Roman type.
12 RULE 30
13 Bills Amended by the Senate
14 When a bill or joint resolution has been amended by the
15 Senate and returned to the House for concurrence, it shall be
16 referred automatically to the Committee on Rules immediately
17 upon the reading of the message from the Senate by the Clerk.
18 The Committee on Rules may amend any bill or resolution
19 containing Senate amendments.
20 When said bill or resolution has been favorably reported by
21 the Committee on Rules, either as committed or as amended, said
22 bill or resolution shall be placed on the calendar and copies
23 thereof shall be placed on the desks of the members. When acting
24 on bills or joint resolutions amended by the Senate, the
25 amendments shall be read and the question put on the concurrence
26 in the amendments.
27 The House shall not consider any proposed amendment to any
28 amendment made by the Senate to a bill or joint resolution, nor
29 consider any amendment to any amendment made by the Committee on
30 Rules.
20070H0022R0015 - 31 -
1 A majority vote of the members elected to the House taken by
2 yeas and nays shall be required to concur in amendments made by
3 the Senate, except for appropriations to charitable and
4 educational institutions not under the absolute control of the
5 Commonwealth, where a vote of two-thirds of all the members
6 elected to the House shall be required to concur. (Constitution,
7 Article III, Sections 5 and 30).
8 RULE 31
9 Bills Vetoed by the Governor
10 When the Governor has returned a bill to the House with his
11 objections, the veto message shall be read and the House shall
12 proceed to reconsider it. (Constitution, Article IV, Section
13 15).
14 RULE 32
15 Hospital and Home Appropriations or
16 Acquiring Lands of the Commonwealth
17 No bills appropriating moneys to State-aided hospitals or
18 State-aided homes shall be introduced in the House, except such
19 as appropriate in single bills the total sum to be appropriated
20 to all of the institutions within the same class or group.
21 Requests for appropriations for particular State-aided hospitals
22 or State-aided homes shall be filed with the Chairman of the
23 Committee on Appropriations on forms to be furnished by the said
24 Committee on Appropriations, and shall be signed by the member
25 requesting the appropriation.
26 No bill granting or conveying Commonwealth lands or taking
27 title thereto shall be reported by any committee to the House
28 unless there has been filed with the Chief Clerk and the
29 chairman of the reporting committee a memorandum from the
30 Department of General Services indicating the use to which the
20070H0022R0015 - 32 -
1 property is presently employed, the full consideration for the
2 transfer, if any, a departmental appraisal of the property,
3 including its valuation and a list of recorded liens and
4 encumbrances, if any, the use to which the property will be
5 employed upon its transfer, the date by which the land is needed
6 for its new use, and the legislative district or districts in
7 which the land is located. The memorandum shall contain a
8 statement by a responsible person in the Department of General
9 Services indicating whether or not the administration favors the
10 transfer which is the subject of the bill under consideration.
11 RULE 33
12 Special Legislation
13 No local or special bill shall be passed by the House unless
14 notice of the intention to apply therefor has been published in
15 the locality where the matter or the thing to be affected may be
16 situated, which notice shall be at least 30 days prior to the
17 introduction into the General Assembly of such bill and in the
18 manner provided by law; the evidence of such notice having been
19 published shall be exhibited in the General Assembly before the
20 act shall be passed. (Constitution, Article III, Section 7).
21 No local or special bill shall be considered in violation of
22 Article III, Section 32, of the Constitution.
23 RULE 34
24 Nonpreferred Appropriations
25 No bill shall be passed appropriating money to any charitable
26 or educational institution not under absolute control of the
27 Commonwealth, except by a vote of two-thirds of all members
28 elected. (Constitution, Article III, Section 17).
29 RULE 35
30 House and Concurrent Resolutions
20070H0022R0015 - 33 -
1 Members introducing resolutions other than concurrent
2 resolutions shall file five copies thereof; seven copies of
3 concurrent resolutions shall be filed. All resolutions shall be
4 signed by their sponsors, dated and filed with the Chief Clerk.
5 After being numbered, one copy of all resolutions shall be given
6 to the news media and all other copies delivered to the Speaker.
7 A sponsor may not be added or withdrawn after a resolution has
8 been printed. Resolutions may not be withdrawn after reference
9 to a committee.
10 Unless privileged under Rule 36 for immediate consideration
11 or deemed noncontroversial by the Speaker in consultation with
12 the Majority Leader and the Minority Leader, the Speaker shall
13 refer House resolutions (except discharge resolutions) and
14 Senate resolutions presented to the House for concurrence to
15 appropriate committees.
16 House resolutions deemed noncontroversial by the Speaker,
17 including, but not limited to, condolence and congratulatory
18 resolutions, shall be considered under the proper order of
19 business on the same day as introduced or within two legislative
20 days thereafter without being referred to committee.
21 The Speaker shall report to the House the committees to which
22 resolutions have been referred, either on the day introduced or
23 received or the next two legislative days the House is in
24 session.
25 A resolution introduced in the House and referred to
26 committee shall be printed and placed in the House files.
27 When a resolution (House or Senate) is reported from
28 committee, it shall be placed on the calendar and may be called
29 up by a member for consideration by the House under the order of
30 business of resolutions. A House resolution other than a
20070H0022R0015 - 34 -
1 concurrent or joint resolution shall be adopted by a majority of
2 the members voting.
3 RULE 36
4 Privileged Resolutions
5 Resolutions privileged for the immediate consideration of the
6 House are those:
7 (1) Recalling from or returning bills to the Governor.
8 (2) Recalling from or returning bills to the Senate.
9 (3) Originated by the Committee on Rules.
10 (4) Providing for a Joint Session of the Senate and House
11 and its procedure.
12 (5) Placing bills negatived by committees on the calendar.
13 (6) Adjournment or recess.
14 RULE 37
15 Legislative Citation
16 A member making a request that a Legislative Citation be
17 issued to a particular person or on a specified occasion shall
18 provide the Legislative Reference Bureau with the facts
19 necessary for the preparation of the citation on a suitable
20 form.
21 The citation request shall be filed with the Chief Clerk and
22 automatically referred to the Speaker who may approve and sign
23 such citation on behalf of the House of Representatives.
24 One original citation shall be issued by the Chief Clerk.
25 RULE 38
26 Sine Die and Final Introduction of Bills
27 Resolutions fixing the time for adjournment of the General
28 Assembly sine die and the last day for introduction of bills in
29 the House shall be referred to the Committee on Rules before
30 consideration by the House.
20070H0022R0015 - 35 -
1 RULE 39
2 Petitions, Remonstrances and Memorials
3 Petitions, remonstrances, memorials and other papers
4 presented by a member shall be signed, dated and filed with the
5 Chief Clerk to be by him handed to the Speaker for reference to
6 appropriate committees.
7 The Speaker shall report to the House the committees to which
8 petitions, remonstrances, memorials and other papers have been
9 referred, not later than the next day the House is in session
10 following the day of filing.
11 RULE 40
12 Messages
13 Messages from the Senate and communications from the Governor
14 shall be received and read in the House within one legislative
15 day thereafter.
16 All House and Senate bills shall be delivered to the Senate
17 with appropriate messages no later than the close of the next
18 legislative day of the Senate which follows the fifth
19 legislative day after which the House acted on such bill.
20 All House bills returned by the Senate after final passage
21 therein without amendment, and all conference committee reports
22 on House bills received from the Senate and adopted by the
23 House, shall be signed by the Speaker within one legislative day
24 after receipt or adoption, respectively, and shall be delivered
25 to the Senate before the close of the next legislative day of
26 the Senate.
27 All House bills and all conference committee reports on House
28 bills signed by the Speaker shall be delivered to the Governor
29 within 24 hours after return from the Senate with the signature
30 of the appropriate Senate officer.
20070H0022R0015 - 36 -
1 RULE 41
2 Kind and Rank of Committee
3 The Committees of the House shall be of four kinds and rank
4 in the order named:
5 (1) Committee of the Whole House.
6 (2) Standing Committees.
7 (3) Select Committees.
8 (4) Conference Committees.
9 RULE 42
10 Committee of the Whole
11 The House may resolve itself into a Committee of the Whole at
12 any time on the motion of a member adopted by a majority vote of
13 the House.
14 In forming the Committee of the Whole, the Speaker shall
15 leave the chair, after appointing a Chairman to preside.
16 The rules of the House shall be observed in the Committee of
17 the Whole as far as applicable, except that a member may speak
18 more than once on the same question.
19 A motion to adjourn, to lay on the table, or for the previous
20 question cannot be put in the Committee of the Whole; but a
21 motion to limit or close debate is permissible.
22 A motion that the Committee of the Whole "do now rise and
23 report back to the House," shall always be in order, and shall
24 be decided without debate.
25 Amendments made in the Committee of the Whole shall not be
26 read when the Speaker resumes the Chair, unless so ordered by
27 the House.
28 RULE 43
29 Standing Committees and Subcommittees
30 The Committee on Committees shall consist of the Speaker and
20070H0022R0015 - 37 -
1 15 members of the House, ten of whom shall be members of the
2 majority party and five of whom shall be members of the minority
3 party, whose duty shall be to recommend to the House the names
4 of members who are to serve on the standing committees of the
5 House. Except for the Speaker, the Majority and Minority
6 Leaders, Whips, Caucus Chairmen, Caucus Secretaries, Caucus
7 Administrators, Policy Chairmen and the chairmen and minority
8 chairmen of standing committees, each member shall be entitled
9 to serve on not less than two standing committees.
10 The Speaker shall appoint the chairman and vice-chairman of
11 each standing committee when such standing committee has no
12 standing subcommittees as prescribed herein, except the
13 Committee on Appropriations which shall also have a vice-
14 chairman appointed by the Speaker; when the standing committee
15 has standing subcommittees, the Speaker shall appoint a
16 subcommittee chairman for each standing subcommittee. The
17 Speaker shall appoint a secretary for each standing committee.
18 The Minority Leader shall appoint the minority chairman,
19 minority vice-chairman and minority secretary of each standing
20 committee and the minority subcommittee chairman for each
21 standing subcommittee.
22 Except for members who decline a chairmanship or minority
23 chairmanship in writing or who are barred from serving as a
24 chairman or minority chairman under this rule, the chairmanship
25 and minority chairmanship of each standing committee except the
26 Appropriations Committee shall be limited only to the members of
27 the applicable caucus with the most seniority as members of
28 their respective caucus. Whenever there are more caucus members
29 with equal seniority than available chairmanships or minority
30 chairmanships for that caucus, the selection of a chairman or
20070H0022R0015 - 38 -
1 minority chairman from among such caucus members shall be in the
2 discretion of the appointing authority. The appointing authority
3 may designate the standing committee to which he shall appoint a
4 member as chairman or minority chairman without regard to
5 seniority. The Speaker and the Floor Leader, Whip, Caucus
6 Chairman, Caucus Secretary, Caucus Administrator and Policy
7 Chairman of the majority party and minority party shall not be
8 eligible to serve as chairman or minority chairman of any
9 standing committee and no member may serve as chairman or
10 minority chairman of more than one standing committee.
11 Any chairmanship or minority chairmanship held by a member
12 who fails to meet the requirements of this rule shall become
13 vacant by automatic operation of this rule. If the appointing
14 authority fails to make an appointment of a chairman or minority
15 chairman prior to the organizational meeting of a standing
16 committee or fails to fill a vacancy within seven calendar days
17 after it occurs, such position shall be deemed to remain vacant
18 in violation of this rule. Whenever a chairmanship or minority
19 chairmanship becomes vacant or remains vacant in violation of
20 this rule, the member of the applicable caucus who meets the
21 requirements of this rule shall automatically fill the vacancy
22 and, if there are two or more such eligible caucus members for
23 any such vacancy or vacancies, they shall be filled from among
24 such eligible members through a lottery to be conducted under
25 the supervision of the Chief Clerk after giving notice of the
26 time and place thereof to all eligible members, to the Speaker,
27 to the Majority Leader and to the Minority Leader.
28 Nothing in this rule shall prohibit the appointing authority
29 from transferring a member from the chairmanship or minority
30 chairmanship of a standing committee to the chairmanship or
20070H0022R0015 - 39 -
1 minority chairmanship of another standing committee.
2 Whenever the appointment of a chairman or minority chairman
3 will cause the applicable caucus to exceed its permissible
4 allocation of members on a standing committee, the appointing
5 authority shall make a temporary transfer of an eligible
6 committee member to the standing committee vacated by the member
7 appointed as chairman or minority chairman until a regular
8 committee appointment can be made in accordance with the rules
9 of the House. If the Speaker or Minority Leader fails to make a
10 temporary transfer within seven calendar days after such
11 appointment, the committee member with the least seniority, who
12 is eligible for transfer, shall be automatically transferred to
13 the committee vacated by the newly appointed chairman or
14 minority chairman and, if more than one committee member is
15 eligible for such transfer, the transfer shall be implemented
16 through a lottery conducted under the supervision of the Chief
17 Clerk.
18 The Speaker of the House, Floor Leader of the majority party
19 and the Floor Leader of the minority party shall be ex-officio
20 members of all standing committees, without the right to vote
21 and they shall be excluded from any limitation as to the number
22 of members on the committees or in counting a quorum.
23 [Twenty-three] Twenty-four standing committees of the House,
24 each to consist of [28] 29 members except the Committee on
25 Appropriations, which shall consist of [34] 35 members, are <--
26 hereby created. In addition, there are hereby created [42] 43
27 standing subcommittees.
28 All standing committees shall consist of 16 members of the
29 majority party and [12] 13 members of the minority party, except
30 the Committee on Appropriations which shall consist of 21
20070H0022R0015 - 40 -
1 members of the majority party and [13] 14 members of the <--
2 minority party. The quorum for each of the standing committees
3 and subcommittees shall be no less than the majority of said
4 committees. The following are the standing committees and
5 subcommittees thereof:
6 (1) Aging and Older Adult Services
7 (a) Subcommittee on Care and Services
8 (b) Subcommittee on Programs and Benefits
9 (2) Agriculture and Rural Affairs
10 (3) Appropriations
11 (a) Subcommittee on Health and Welfare
12 (b) Subcommittee on Education
13 (c) Subcommittee on Economic Impact and Infrastructure
14 (d) Subcommittee on Fiscal Policy
15 (4) Children and Youth
16 (5) Commerce
17 (a) Subcommittee on Financial Services and Banking
18 (b) Subcommittee on Housing
19 (c) Subcommittee on Economic Development
20 (6) Consumer Affairs
21 (a) Subcommittee on Public Utilities
22 (b) Subcommittee on Telecommunications
23 (7) Education
24 (a) Subcommittee on Basic Education
25 (b) Subcommittee on Higher Education
26 (c) Subcommittee on Special Education
27 (8) Environmental Resources and Energy
28 (a) Subcommittee on Energy
29 (b) Subcommittee on Mining
30 (c) Subcommittee on Parks and Forests
20070H0022R0015 - 41 -
1 (9) Finance
2 (10) Game and Fisheries
3 (10.1) Gaming Oversight
4 (11) Health and Human Services
5 (a) Subcommittee on Health
6 (b) Subcommittee on Human Services
7 (c) Subcommittee on Drugs and Alcohol
8 (12) Insurance
9 (13) Judiciary
10 (a) Subcommittee on Crime and Corrections
11 (b) Subcommittee on Courts
12 (c) Subcommittee on Family Law
13 (14) Intergovernmental Affairs
14 (a) Subcommittee on Information Technology
15 (b) Subcommittee on Federal-State Relations
16 (15) Labor Relations
17 (16) Liquor Control
18 (a) Subcommittee on Licensing
19 (b) Subcommittee on Marketing
20 (17) Local Government
21 (a) Subcommittee on Boroughs
22 (b) Subcommittee on Counties
23 (c) Subcommittee on Townships
24 (18) Professional Licensure
25 (19) State Government
26 (20) Tourism and Recreational Development
27 (a) Subcommittee on Arts and Entertainment
28 (b) Subcommittee on Recreation
29 (c) Subcommittee on Travel Promotion
30 (21) Transportation
20070H0022R0015 - 42 -
1 (a) Subcommittee on Highways
2 (b) Subcommittee on Public Transportation
3 (c) Subcommittee on Transportation Safety
4 (d) Subcommittee on Aviation
5 (e) Subcommittee on Railroads
6 (22) Urban Affairs
7 (a) Subcommittee on Cities, Counties - First Class
8 (b) Subcommittee on Cities, Counties - Second Class
9 (c) Subcommittee on Cities, Third Class
10 (23) Veterans Affairs and Emergency Preparedness
11 (a) Subcommittee on Military and Veterans Facilities
12 (b) Subcommittee on Security and Emergency Response
13 Readiness
14 RULE 44
15 Organization of Standing Committees
16 and Subcommittees
17 The membership of each standing committee shall first meet
18 upon the call of its chairman and perfect its organization. A
19 majority of the members to which each standing committee is
20 entitled shall constitute a quorum for it to proceed to
21 business. Each standing committee shall have the power to
22 promulgate rules not inconsistent with these rules which may be
23 necessary for the orderly conduct of its business.
24 Where a standing committee has standing subcommittees as
25 prescribed by Rule 43, the membership on such standing
26 subcommittees shall be appointed by the Committee on Committees
27 after consultation with each chairman of a standing committee of
28 which the standing subcommittee is a part. Each standing
29 subcommittee shall consist of the chairman of its parent
30 standing committee, as an ex-officio member, the chairman of the
20070H0022R0015 - 43 -
1 standing subcommittee, and five other members from the parent
2 standing committee to be appointed by the Committee on
3 Committees, three from among the majority party after
4 consultation with the Majority Leader and two from among the
5 minority party after consultation with the Minority Leader.
6 Where it is deemed advisable that the membership of any standing
7 subcommittee be of greater number than that prescribed herein,
8 the Committee on Committees may appoint additional members of
9 the standing committee from the majority or minority party to
10 serve on such standing subcommittee. The number of additional
11 members selected should be such as to maintain, as far as is
12 practicable, a ratio in majority and minority party membership
13 which affords a fair and reasonable representation to the
14 minority party on the standing subcommittee.
15 The chairman and the minority chairman of each standing
16 committee shall be ex-officio members of each standing
17 subcommittee which is part of the parent standing committee,
18 with the right to attend standing subcommittee meetings and vote
19 on any matter before such standing subcommittee.
20 A majority of the members of each standing subcommittee shall
21 constitute a quorum for the proper conduct of its business. Each
22 standing subcommittee may promulgate such rules necessary for
23 the conduct of its business which are not inconsistent with the
24 rules of its parent standing committee or the Rules of the
25 House.
26 When the chairman of a standing committee has referred a
27 bill, resolution or other matter to a standing subcommittee, the
28 power and control over such bill, resolution or other matter
29 shall then reside in such subcommittee for a reasonable period
30 of time thereafter in order that such subcommittee may consider
20070H0022R0015 - 44 -
1 the bill, resolution or other matter and return the same to its
2 standing committee with its recommendations as to the action
3 which ought to be taken on such bill, resolution or other
4 matter.
5 Each standing subcommittee, within a reasonable time after it
6 has received a bill, resolution or other matter, shall meet as a
7 committee for the purpose of considering the same and returning
8 the bill, resolution or other matter back to its parent standing
9 committee with a subcommittee report as to what action it
10 recommends. The report of the subcommittee on a bill, resolution
11 or other matter being returned to the standing committee shall
12 contain one of the following recommendations:
13 (1) that the bill, resolution or other matter in its present
14 form be reported to the House,
15 (2) that the bill, resolution, or other matter not be
16 reported to the House,
17 (3) that the bill, resolution or other matter be reported to
18 the House, with recommendations for amendments,
19 (4) that the bill, resolution or other matter is returned
20 without recommendations.
21 When a standing committee receives reports from its
22 subcommittees, it shall consider the same and by majority vote
23 of the members of the standing committee either approve or
24 disapprove such report. If disapproved, the standing committee
25 may then determine by a majority vote of its members what
26 further action, if any, should be taken on such bill, resolution
27 or other matter.
28 Where no action has been taken by a standing subcommittee on
29 a bill, resolution or other matter referred to it, and the
30 chairman of the standing committee considers that such
20070H0022R0015 - 45 -
1 subcommittee has had reasonable time to consider the bill,
2 resolution or other matter and return the same to its parent
3 standing committee, the subcommittee chairman shall then
4 forthwith surrender and forward the same, together with all
5 documents or papers pertaining thereto, to the standing
6 committee.
7 In the event that a chairman of a standing committee is
8 absent, the following rules shall apply:
9 (1) If such standing committee has no subcommittee
10 prescribed by Rule 44, the vice-chairman of the standing
11 committee shall act as chairman of the committee meetings.
12 (2) If such standing committee has only one subcommittee,
13 the subcommittee chairman shall act as chairman of the standing
14 committee.
15 (3) If the standing committee has more than one
16 subcommittee, the subcommittee chairman with the longest
17 consecutive legislative service shall act as chairman of the
18 standing committee, except where the subcommittee chairmen have
19 equal legislative service, in which case the Speaker of the
20 House shall designate one of the subcommittee chairmen to act as
21 chairman of the standing committee.
22 In case of absence of a subcommittee chairman, the chairman
23 of the appropriate standing committee shall designate one member
24 from either the standing committee or subcommittee to act as
25 chairman of the subcommittee.
26 RULE 45
27 Powers and Duties of Standing Committees
28 and Subcommittees
29 The chairman of each standing committee and subcommittee
30 shall fix regular weekly, biweekly or monthly meeting days for
20070H0022R0015 - 46 -
1 the transaction of business before the committee or
2 subcommittee. The chairman of the committee or subcommittee
3 shall notify all members, at least 24 hours in advance of the
4 date, time and place of regular meetings, and, insofar as
5 possible, the subjects on the agenda. In addition to regular
6 meetings, special meetings may be called from time to time by
7 the chairman of the committee or subcommittee as they deem
8 necessary. No recess or combination of recesses shall exceed 48
9 hours for any committee meeting or subcommittee meeting. No
10 committee shall meet during any session of the House without
11 first obtaining permission of the Speaker. During any such
12 meeting, no vote shall be taken on the Floor of the House on any
13 amendment, recommittal motion, final passage of any bill, or any
14 other matter requiring a roll call vote. Any committee meeting
15 called off the Floor of the House shall meet in a committee
16 room. In addition to the specific provisions of this Rule 45,
17 all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings)
18 relative to notice of meetings shall be complied with.
19 At regularly scheduled meetings, or upon the call of the
20 chairman, or subcommittee chairman, for special meetings, the
21 membership of such committees shall meet to consider any bill,
22 resolution, or other matter on the agenda. The secretary of each
23 standing committee, or in case of subcommittees a secretary
24 designated by the subcommittee chairman, shall record:
25 (1) the minutes of the meeting,
26 (2) all votes taken,
27 (3) a roll or attendance of members at standing committee or
28 subcommittee meetings showing the names of those present, absent
29 or excused from attendance, and the majority and minority
30 chairmen or their designees shall verify by their signatures all
20070H0022R0015 - 47 -
1 votes taken and the roll or attendance of those members present,
2 absent or excused before said records are submitted to the Chief
3 Clerk, and
4 (4) dispatch of bills and resolutions before the committee.
5 Such records shall be open to public inspection. On the first
6 legislative day of each week the House is in session, the
7 chairman of each standing committee shall submit to the Chief
8 Clerk for inclusion in the House Journal only, the roll or
9 record of attendance of members at standing committee or
10 subcommittee meetings held prior thereto and not yet reported,
11 along with the record of all votes taken at such meetings. All
12 reports from standing committees shall be prepared in writing by
13 the secretary of the committee. Members of a standing committee
14 may prepare in writing and file a minority report, setting forth
15 the reasons for their dissent. Such committee reports shall be
16 filed with the Chief Clerk within five days of the meeting. All
17 meetings at which formal action is taken by a standing committee
18 or subcommittee shall be open to the public, making such reports
19 as are required under Rule 44. When any member, except for an
20 excused absence, fails to attend five consecutive regular
21 meetings of his committee, the chairman of that committee or
22 subcommittee shall notify him of that fact and, if the member in
23 question fails to reasonably justify his absences to the
24 satisfaction of a majority of the membership of the standing
25 committee of which he is a member, his membership on the
26 committee or subcommittee shall be deemed vacant and the
27 chairman of the standing committee shall notify the Speaker of
28 the House to that effect. Such vacancy shall then be filled in
29 the manner prescribed by these rules.
30 Whenever the chairman of any standing committee shall refuse
20070H0022R0015 - 48 -
1 to call a regular meeting, then a majority of the members of the
2 standing committee may vote to call a meeting by giving two days
3 written notice to the Speaker of the House, setting the time and
4 place for such meeting. Such notice shall be read in the House
5 and the same posted by the Chief Clerk in the House Chamber.
6 Thereafter, the meeting shall be held at the time and place
7 specified in the notice. In addition, all provisions of 65
8 Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of
9 meetings shall be complied with.
10 Records, bills and other papers in the possession of
11 committees and subcommittees, upon final adjournment of the
12 House shall be filed with the Chief Clerk.
13 No committee report, except a report of the Appropriations
14 Committee, shall be recognized by the House, unless the same has
15 been acted upon by a majority vote of the members of a standing
16 committee present at a committee session actually assembled and
17 meeting as a committee, provided such majority vote numbers at
18 least [13] 15 members, and provided further a quorum is present. <--
19 No committee report of the Appropriations Committee shall be
20 recognized by the House, unless the same has been acted upon by
21 a majority vote of the members of such committee present at a
22 committee session actually assembled and meeting as a committee,
23 provided such majority vote numbers at least [14] 18 members, <--
24 and provided further a quorum is present.
25 No proxy voting shall be permitted in committee, except as
26 provided for herein. If a member reports to a scheduled
27 committee meeting and advises the chairman and other members of
28 a conflicting committee meeting or other legislative meeting
29 which he or she must attend on the same day, the member is
30 authorized to give the chairman or minority chairman his or her
20070H0022R0015 - 49 -
1 proxy in writing which shall be valid only for that day and
2 which shall include written instructions for the exercise of
3 such proxy by the chairman or minority chairman during the
4 meeting. The member should also advise the chairman where he or
5 she can be reached. In the event the conflicting committee
6 meeting or other legislative meeting is scheduled to convene at
7 the same time or prior to the meeting at which a member desires
8 to vote by proxy, such proxy shall be delivered by the member in
9 person to the offices of both the chairman and minority chairman
10 prior to, but on the same day as, the conflicting meetings.
11 When the majority of the members of a standing committee
12 believe that a certain bill or resolution in the possession of
13 the standing committee should be considered and acted upon by
14 such committee, they may request the chairman to include the
15 same as part of the business of a committee meeting. Upon
16 failure of the chairman to comply with such request, the
17 membership may require that such bill be considered by written
18 motion made and approved by a majority vote of the entire
19 membership to which such committee is entitled.
20 Whenever the phrase "majority of members of a standing
21 committee or subcommittee" is used in these rules, it shall mean
22 majority of the entire membership to which a standing committee
23 or subcommittee is entitled, unless the context thereof
24 indicates a different intent.
25 To assist the House in appraising the administration of the
26 laws and in developing such amendments or related legislation as
27 it may deem necessary, each standing committee or subcommittee
28 of the House shall exercise continuous watchfulness of the
29 execution by the administrative agencies concerned of any laws,
30 the subject matter of which is within the jurisdiction of such
20070H0022R0015 - 50 -
1 committee or subcommittee; and, for that purpose, shall study
2 all pertinent reports and data submitted to the House by the
3 agencies in the executive branch of the Government.
4 The Committee on Appropriations shall have the power to issue
5 subpoenas under the hand and seal of its chairman commanding any
6 person to appear before it and answer questions touching matters
7 properly being inquired into by the committee, which matters
8 shall include data from any fund administered by the
9 Commonwealth, and to produce such books, papers, records,
10 documents and data and information produced and stored by any
11 electronic data processing system as the committee deems
12 necessary. Such subpoenas may be served upon any person and
13 shall have the force and effect of subpoenas issued out of the
14 courts of this Commonwealth. Any person who willfully neglects
15 or refuses to testify before the committee or to produce any
16 books, papers, records, documents or data and information
17 produced and stored by any electronic data processing system
18 shall be subject to the penalties provided by the laws of the
19 Commonwealth in such case. Each member of the committee shall
20 have power to administer oaths and affirmations to witnesses
21 appearing before the committee. The committee may also cause the
22 deposition of witnesses either residing within or without the
23 State to be taken in the manner prescribed by law for taking
24 depositions in civil actions.
25 RULE 46
26 Committee on Rules
27 The Committee on Rules shall consist of the Speaker, the
28 Majority Leader, the Majority Whip, the Minority Leader, the
29 Minority Whip, the Majority Appropriations Chairman, the
30 Minority Appropriations Chairman, 12 members of the majority
20070H0022R0015 - 51 -
1 party appointed by the Speaker, and ten members of the minority
2 party appointed by the Minority Leader. The Majority Leader
3 shall be chairman.
4 The committee shall make recommendations designed to improve
5 and expedite the business and procedure of the House and its
6 committees, and to propose to the House any amendments to the
7 Rules deemed necessary. The committee shall also do all things
8 necessary to fulfill any assignment or duty given to the
9 committee by any resolution, or other rule of the House of
10 Representatives.
11 The committee shall be privileged to report at any time.
12 The committee shall, until or unless superseded by law, adopt
13 guidelines for the expenditure of all funds appropriated to the
14 House or to any member or nonmember officer by any appropriation
15 act.
16 Such guidelines shall include a detailed statement of the
17 general and specific purposes for which the funds from that
18 appropriation account may be used, as well as uniform standards
19 of required documentation, accounting systems and record keeping
20 procedures.
21 RULE 47
22 Ethics Committee
23 As used in the context of this rule, the word "committee"
24 shall mean the Committee on Ethics of the House of
25 Representatives, and the phrase "majority of the committee"
26 shall mean a majority of the members to which the committee is
27 entitled.
28 The committee shall consist of eight members: four of whom
29 shall be members of the majority party appointed by the Speaker,
30 and four of whom shall be members of the minority party
20070H0022R0015 - 52 -
1 appointed by the Minority Leader. The Speaker shall appoint from
2 the members a chairman, vice chairman and secretary for the
3 committee. The chairman shall be a member of the majority party
4 and the vice chairman shall be a member of the minority party.
5 The chairman shall notify all members of the committee at
6 least 24 hours in advance of the date, time and place of a
7 regular meeting. Whenever the chairman shall refuse to call a
8 regular meeting, a majority of the committee may vote to call a
9 meeting by giving two days' written notice to the Speaker of the
10 House setting forth the time and place for such meeting. Such
11 notice shall be read in the House and posted in the House
12 Chamber by the Chief Clerk, or his designee. Thereafter, the
13 meeting shall be held at the time and place specified in such
14 notice.
15 The committee shall conduct its investigations, hearings and
16 meetings relating to a specific investigation or a specific
17 member, officer or employee of the House in closed session and
18 the fact that such investigation is being conducted or to be
19 conducted or that hearings or such meetings are being held or
20 are to be held shall be confidential information unless the
21 person subject to investigation advises the committee in writing
22 that he elects that such hearings shall be held publicly. In the
23 event of such an election, the committee shall furnish such
24 person a public hearing. All other meetings of the committee
25 shall be open to the public.
26 The committee shall receive complaints against members,
27 officers and employees of the House, and persons registered or
28 carrying on activities regulated by [the act of September 30,
29 1961 (P.L.1778, No.712), known as the "Lobbying Registration and
30 Regulation Act,"] 65 Pa.C.S. Ch. 13A (relating to lobbying
20070H0022R0015 - 53 -
1 disclosure), alleging illegal or unethical conduct. Any such
2 complaint must be in writing verified by the person filing the
3 complaint and must set forth in detail the conduct in question
4 and the section of the "Legislative Code of Ethics," the
5 ["Lobbying Registration and Regulation Act," or] provision of 65
6 Pa.C.S Ch. 13A or the House rule violated. The committee shall
7 make a preliminary investigation of the complaint, and if it is
8 determined by a majority of the committee that a violation of
9 the rule or law may have occurred, the person against whom the
10 complaint has been brought shall be notified in writing and
11 given a copy of the complaint. Within 15 days after receipt of
12 the complaint, such person may file a written answer thereto
13 with the committee. Upon receipt of the answer, by vote of a
14 majority of the committee, the committee shall either dismiss
15 the complaint within ten days or proceed with a formal
16 investigation, to include hearings, not less than ten days nor
17 more than 30 days after notice in writing to the persons so
18 charged. Failure of the person charged to file an answer shall
19 not be deemed to be an admission or create an inference or
20 presumption that the complaint is true, and such failure to file
21 an answer shall not prohibit a majority of the committee from
22 either proceeding with a formal investigation or dismissing the
23 complaint.
24 A majority of the committee may initiate a preliminary
25 investigation of the suspected violation of a Legislative Code
26 of Ethics or House rule by a member, officer or employee of the
27 House or lobbyist. If it is determined by a majority of the
28 committee that a violation of a rule or law may have occurred,
29 the person in question shall be notified in writing of the
30 conduct in question and the section of the "Legislative Code of
20070H0022R0015 - 54 -
1 Ethics," the ["Lobbying Registration and Regulation Act" or]
2 provision of 65 Pa.C.S. Ch. 13A or the House rule violated.
3 Within 15 days, such person may file a written answer thereto.
4 Upon receipt of the answer, by vote of a majority of the
5 committee, the committee shall either dismiss the charges within
6 ten days or proceed with a formal investigation, to include
7 hearings, not less than ten days nor more than 30 days after
8 notice in writing to the person so charged. Failure of the
9 person charged to file an answer shall not be deemed to be an
10 admission or create an inference or presumption that the charge
11 is true, and such failure to file an answer shall not prohibit a
12 majority of the committee from either proceeding with a formal
13 investigation or dismissing the charge.
14 In the event that the committee shall elect to proceed with a
15 formal investigation of the conduct of any member, officer or
16 employee of the House, the committee shall employ independent
17 counsel who shall not be employed by the House for any other
18 purpose or in any other capacity during such investigation.
19 All constitutional rights of any person under investigation
20 shall be preserved, and such person shall be entitled to present
21 evidence, cross-examine witnesses, face his accuser, and be
22 represented by counsel.
23 The chairman may continue any hearing for reasonable cause,
24 and upon the vote of a majority of the committee or upon the
25 request of the person subject to investigation, the chairman
26 shall issue subpoenas for the attendance and testimony of
27 witnesses and the production of documentary evidence relating to
28 any matter under formal investigation by the committee. The
29 committee may administer oaths or affirmations and examine and
30 receive evidence.
20070H0022R0015 - 55 -
1 All testimony, documents, records, data, statements or
2 information received by the committee in the course of any
3 investigation shall be private and confidential except in the
4 case of public hearings or in a report to the House. No report
5 shall be made to the House unless a majority of the committee
6 has made a finding of unethical or illegal conduct on the part
7 of the person under investigation. No finding of unethical or
8 illegal conduct shall be valid unless signed by at least a
9 majority of the committee. Any such report may include a
10 minority report. No action shall be taken on any finding of
11 illegal or unethical conduct nor shall such finding or report
12 containing such finding be made public sooner than seven days
13 after a copy of the finding is sent by certified mail to the
14 member, officer or employee under investigation.
15 The committee may meet with a committee of the Senate to hold
16 investigations or hearings involving employees of the two houses
17 jointly or officers or employees of the Legislative Reference
18 Bureau, the Joint State Government Commission, the Local
19 Government Commission, the Legislative Budget and Finance
20 Committee and the Legislative Data Processing Committee;
21 provided, however, that no action may be taken at a joint
22 meeting unless it is approved by a majority of the committee.
23 In the event that a member of the committee shall be under
24 investigation, such member shall be temporarily replaced on the
25 committee in a like manner as said member's original
26 appointment.
27 The committee, whether or not at the request of a member,
28 officer or employee concerned about an ethical problem relating
29 to himself alone or in conjunction with others, may render
30 advisory opinions with regard to questions pertaining to
20070H0022R0015 - 56 -
1 legislative ethics or decorum. Such advisory opinions, with such
2 deletions and changes as shall be necessary to protect the
3 identity of the persons involved or seeking them, may be
4 published and shall be distributed to all the members of the
5 House.
6 Any member of the committee breaching the confidentiality of
7 materials and events as set forth in this rule shall be removed
8 immediately from the committee and replaced by another member of
9 the House in a like manner as said member's original
10 appointment.
11 The committee may adopt rules of procedure for the orderly
12 conduct of its affairs, investigations, hearings and meetings,
13 which rules are not inconsistent with this rule.
14 The committee shall continue to exist and have authority and
15 power to function after the sine die adjournment of the General
16 Assembly and shall so continue until the expiration of the then
17 current term of office of the members of the committee.
18 RULE 48
19 Conference Committee
20 All Committees of Conference shall be appointed by the
21 Speaker and shall be composed of three members, two of whom
22 shall be selected from the majority party and one from the
23 minority party.
24 The conferees shall confine themselves to the differences
25 which exist between the House and Senate.
26 The presentation of reports of Committees of Conference shall
27 be in order after having been signed by a majority of members of
28 the committee of each House.
29 Consideration of a report of a Committee of Conference by the
30 House shall be in order when it has been printed, placed on the
20070H0022R0015 - 57 -
1 desks of the members and listed on the calendar.
2 RULE 49
3 Committee Action
4 Whenever a bill, resolution or other matter has been referred
5 by the Speaker of the House to a standing committee, and such
6 committee has one or more standing subcommittees, the chairman
7 of the standing committee may either refer it to an appropriate
8 subcommittee or retain it for consideration by the entire
9 standing committee. If it is retained, such standing committee
10 shall have full power and control over such bill, resolution or
11 other matter, except that such committee shall not change the
12 subject nor any amendments adopted by the House. Where the
13 chairman of the standing committee refers such bill, resolution,
14 or matter to a subcommittee, such subcommittee, except as
15 hereinafter provided, shall have full power over the same.
16 The recommendations by a committee that a bill or resolution
17 be reported negatively shall not affect its consideration by the
18 House. The words "negative recommendation" shall be printed
19 conspicuously on a line above the title of this bill.
20 All standing subcommittees shall be subject to the will of
21 the majority of their parent standing committee and shall not
22 promulgate any rules or take any action inconsistent with the
23 rules of their parent standing committee or the Rules of the
24 House.
25 RULE 50
26 Public Hearings
27 Each standing committee, subcommittee or select committee to
28 which a proposed bill, resolution or any matter is referred
29 shall have full power and authority to study said bill,
30 resolution or other matter before it, as such committee, shall
20070H0022R0015 - 58 -
1 determine is necessary to enable it to report properly to the
2 House thereon. To this end, a standing committee, subcommittee,
3 or select committee, may as hereinafter provided, conduct public
4 hearings. No standing committee, subcommittee or select
5 committee shall hold any public hearings without prior approval
6 by a majority vote of the members of the standing committee and
7 the Speaker or the Majority Leader of the House. The Speaker or
8 the Majority Leader of the House shall withhold approval of
9 public hearings based only on budgetary consideration.
10 When a public hearing has been authorized as aforesaid, the
11 chairman of the standing committee, subcommittee chairman, or
12 select committee chairman as the case may be, shall instruct the
13 Chief Clerk to give written notice thereof to each House Member
14 not less than five calendar days before the proposed hearings
15 and post the same in or immediately adjacent to the House
16 Chambers. Such notice, which shall contain the day, hour and
17 place of the hearing and the number or numbers of bills or other
18 subject matter to be considered at such hearing, shall also be
19 given the supervisor of the news room, and to the news media. In
20 addition, all provisions of [the act of July 19, 1974 (P.L.486,
21 No.175)] 65 Pa.C.S. Ch. 7 (relating to open meetings), relative
22 to notice of meetings shall be complied with.
23 Public hearings held by a standing committee shall be chaired
24 by the chairman of such committee, unless absent, in which case
25 an acting chairman shall be selected in the manner prescribed by
26 these rules to serve in his stead. Public hearings held by
27 standing subcommittees shall be chaired by the subcommittee
28 chairman thereof, but the chairman of the parent standing
29 committee, as an ex-officio member of the subcommittee, shall
30 have the right to attend and participate in the hearing
20070H0022R0015 - 59 -
1 proceedings. In the absence of the subcommittee chairman, an
2 acting chairman shall be appointed in the manner prescribed by
3 these rules.
4 All public hearings shall be open to the public and
5 reasonable opportunity to be heard shall be afforded to all
6 interested parties who have requested an appearance before the
7 committee. In addition, it shall be the responsibility of the
8 committee in conducting its hearing to request the presentation
9 of testimony by any person who, in the opinion of the committee,
10 is qualified to present pertinent and important testimony.
11 Such committee shall, so far as practicable, request all
12 witnesses appearing before it to file written statements of
13 their proposed testimony. The chairman shall have the right to
14 fix the order of appearance and the time to be allotted to
15 witnesses. Witnesses may submit brief pertinent statements in
16 writing for inclusion in the record. The committee is the sole
17 judge of the pertinency of testimony and evidence adduced at its
18 hearings.
19 The chairman, in presiding at such public hearings, shall
20 preserve order and decorum, in and adjacent to his committee
21 room while the hearing is being conducted and he shall have the
22 authority to direct the removal from the committee room of any
23 person who fails to comply with order and decorum of the
24 committee.
25 Proceedings of all public hearings shall be either
26 stenographically or electronically recorded. The committee shall
27 determine which parts of such recorded proceedings, if any,
28 shall be transcribed and the distribution thereof. Except as
29 hereinafter provided, no more than four copies of any transcript
30 shall be made. Such stenographic or electronic records and at
20070H0022R0015 - 60 -
1 least one copy of any transcription shall be preserved by the
2 Chief Clerk until he is authorized to dispose of same by an
3 affirmative vote of three-quarters of the entire membership of
4 the Rules Committee and shall be made available to any member
5 upon written request for the purpose of copying or transcription
6 at that member's expense. Any transcribed records and any
7 reports of the committee shall be filed with the Chief Clerk or
8 his designee and shall be made available to any person in
9 accordance with reasonable rules and regulations prescribed by
10 the Chief Clerk. Upon payment of a reasonable cost to be
11 determined by the Chief Clerk, a person may obtain a copy of
12 such transcribed records or reports.
13 The Chief Clerk shall not make payment of any expenses
14 incurred as a result of a public hearing without the prior
15 written approval of the Speaker or the Majority Leader of the
16 House.
17 RULE 51
18 Investigations
19 Any standing committee, subcommittee or select committee,
20 upon resolution introduced and approved by majority vote of the
21 House, may be authorized and empowered to conduct hearings at
22 any place in the Commonwealth to investigate any matter provided
23 for in such resolution. When authorized by such a resolution,
24 such committee shall be empowered to issue subpoenas under the
25 hand and seal of the chairman thereof commanding any person to
26 appear before it and answer questions touching matters properly
27 being inquired into by the committee and produce such books,
28 papers, records, accounts, reports, and documents as the
29 committee deems necessary. Such subpoenas may be served upon any
30 person and shall have the force and effect of subpoenas issued
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1 out of the courts of this Commonwealth. Where any person
2 willfully neglects or refuses to comply with any subpoena issued
3 by the committee or refuses to testify before the committee on
4 any matter regarding which he may be lawfully interrogated, it
5 shall be the duty of the committee to report such disobedience
6 or refusal to the House of Representatives, and such person
7 shall be subject to the penalties provided by the laws of the
8 Commonwealth in such cases. All such subpoenaed books, papers,
9 records, accounts, reports, and documents shall be returned to
10 the person from whom such material was subpoenaed when the
11 committee has completed its examination of such material, but in
12 no event later than the date on which the committee completes
13 its investigation. Such material, or any information derived
14 therefrom not a part of public sessions of the committee, shall
15 not be turned over to any person or authority without the
16 consent of the person from whom such material was subpoenaed.
17 Each member of the committee shall have power to administer
18 oaths and affirmations to witnesses appearing before the
19 committee. The Sergeant-at-Arms of the Legislature or other
20 person designated by the committee shall serve any subpoenas
21 issued by the committee, when directed to do so by the
22 committee. The subpoena shall be addressed to the witness, state
23 that such proceeding is before a committee of the House at which
24 the witness is required to attend and testify at a time and
25 place certain and be signed by the chairman of the committee
26 commanding attendance of such witness. Mileage and witness fees
27 shall be paid to such witness in an amount prescribed by law.
28 The chairman of the investigative hearing shall call the
29 committee to order and announce in an opening statement the
30 subject or purposes of the investigation.
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1 A copy of this rule shall be made available to the witnesses
2 at least three calendar days prior to his or her scheduled
3 testimony. Witnesses at investigative hearings, may be
4 accompanied by their own counsel for the purpose of advising
5 them concerning their constitutional rights. The chairman, for
6 breaches of order or decorum or of professional ethics on the
7 part of counsel, may exclude him from the hearing. Counsel may
8 interpose legal objection to any and all questions which in the
9 opinion of counsel may violate the civil or constitutional
10 rights of his clients.
11 If the committee determines that evidence or testimony at an
12 investigative hearing may tend to defame, degrade or incriminate
13 any person, it shall:
14 (1) receive such evidence or testimony in executive session;
15 (2) afford such person an opportunity voluntarily to appear
16 as a witness; and
17 (3) receive and dispose of requests from such person to
18 subpoena additional witnesses.
19 No evidence or testimony taken in executive session may be
20 released to any person or authority or used in public sessions
21 without the consent of the committee.
22 Proceedings of all public hearings shall be either
23 stenographically or electronically recorded. The committee shall
24 determine which parts of such recorded proceedings, if any,
25 shall be transcribed and four copies thereof shall be
26 distributed and additional copies made available as provided in
27 Rule 50. Such stenographic or electronic records shall be
28 preserved by the Chief Clerk until he is directed to dispose of
29 same by an affirmative vote of three-quarters of the entire
30 membership of the Rules Committee and shall be made available to
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1 any member upon written request for the purpose of transcription
2 at that member's expense. Any transcribed records and any
3 reports of the committee shall be filed with the Chief Clerk or
4 his designee and shall be made available to any person in
5 accordance with reasonable rules and regulations prescribed by
6 the Chief Clerk.
7 Upon payment of a reasonable cost to be determined by the
8 Chief Clerk, a person may obtain a copy of the transcript of any
9 testimony given at a public session or, if given at an executive
10 session when authorized by the committee. All standing
11 committees, subcommittees, special committees or commissions
12 which are authorized to hold public hearings and investigations
13 shall file a final report before being discharged of delegated
14 responsibilities.
15 RULE 52
16 Possession of Bills by Committee
17 When a committee has ordered that a bill, resolution or other
18 matter be reported to the House, the member to whom it is
19 assigned shall make the report thereof to the House either on
20 the same day or at the next meeting of the House.
21 Failure of a member to comply with this rule shall be
22 reported to the House by the committee, provided the official
23 copy of the bill, resolution or other matter has not been
24 obtained. Upon a motion agreed to by the House, a duplicate
25 certified copy of a House bill, House resolution or other House
26 matter shall be furnished to the committee by the Chief Clerk.
27 A committee or subcommittee shall not consider a bill,
28 resolution or other matter which is not in its possession.
29 When a committee reports to the House that a House bill,
30 House resolution or other House matter referred to it is lost,
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1 upon a motion agreed to by the House, a duplicate certified copy
2 thereof shall be furnished by the Chief Clerk.
3 If the Senate bill, Senate resolution or other Senate matter
4 received from the Senate is lost, upon a motion agreed to by the
5 House, a request shall be made to the Senate to furnish the
6 House with a duplicate certified copy thereof.
7 If a bill, resolution or other matter is lost before it has
8 been referred to a committee, the fact shall be reported to the
9 House and the procedure provided by this rule shall be followed.
10 RULE 53
11 Discharge of Committees
12 A member may present to the Chief Clerk a resolution in
13 writing to discharge a committee from the consideration of a
14 bill or resolution which has been referred to it 15 legislative
15 days prior thereto (but only one motion may be presented for
16 each bill or resolution). The discharge resolution shall be
17 placed in the custody of the Chief Clerk, who shall arrange some
18 convenient place for the signature of the members. A signature
19 may be withdrawn by a member in writing at any time before the
20 discharge resolution is entered in the Journal. When 25 members
21 of the House shall have signed the resolution, it shall be
22 entered in the Journal and the title of the bill or resolution
23 and the name of the committee to be discharged shall be printed
24 on the calendar.
25 Any member who has signed a discharge resolution which has
26 been on the calendar at least one legislative day prior thereto
27 and seeks recognition, shall be recognized for the purpose of
28 calling up the discharge resolution and the House shall proceed
29 to its consideration without intervening motion except one
30 motion to adjourn; however, no discharge resolution shall be
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1 considered during the last six legislative days of any session
2 of the House. A majority vote of all the members elected to the
3 House shall be required to agree to a resolution to discharge a
4 committee. When any perfected discharge resolution has been
5 acted upon by the House and defeated it shall not be in order to
6 entertain during the same session of the House any other
7 discharge resolution from that committee of said measure, or
8 from any other committee of any other bill or resolution
9 substantially the same, relating in substance to or dealing with
10 the same subject matter.
11 RULE 54
12 Presentation and Withdrawal of Motions
13 When a motion which is in order has been made, the Speaker
14 shall state it or (if it is in writing) cause it to be read by
15 the Clerk. It shall then be in the possession of the House, but
16 it may be withdrawn by the maker at any time before decision or
17 amendment.
18 The Speaker shall put the question in the following form,
19 viz: "those in favor of the motion will say 'aye'." After the
20 affirmative is expressed, "those who are opposed will say 'no'."
21 All motions, except for the previous question and a motion
22 for reconsideration, may be made without a second.
23 No dilatory motion shall be entertained by the Speaker.
24 RULE 55
25 Privileged Motions
26 When a question is under debate or before the House, no
27 motion shall be received but the following, which shall take
28 precedence in the order named:
29 (1) To adjourn, or recess.
30 (2) A call of the House.
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1 (3) To lay on the table.
2 (4) For the previous question.
3 (5) To postpone.
4 (6) To commit or recommit.
5 (7) To amend.
6 Debate on the motion to postpone shall be confined to the
7 question of the postponement and shall not include discussion of
8 the main question.
9 The motion to commit or recommit is open to debate only as to
10 the reasons for or against reference to committee and shall not
11 include a discussion of the merits of the main question.
12 Debate on the motion to amend shall be limited to the
13 amendment and shall not include the general merits of the main
14 question.
15 RULE 56
16 Adjourn
17 A motion to adjourn or recess is not debatable, cannot be
18 amended and is always in order, except:
19 (1) when another member has the floor; or
20 (2) when the House is voting.
21 When a motion to adjourn is made, it shall be in order for
22 the Speaker, before putting the question, to permit the Majority
23 and Minority Leaders and/or one member designated by each of
24 them to state to the House any fact relating to the condition of
25 the business of the House which would seem to render it
26 inadvisable to adjourn. These statements shall be limited to two
27 minutes and shall not be debatable.
28 RULE 57
29 Call of the House
30 If a question of the absence of a quorum is raised by a
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1 member, the Speaker shall order the Sergeant-at-Arms to close
2 the doors of the House. No member shall be permitted to leave
3 the House, except by permission of the House. The names of the
4 members present shall be recorded and absentees noted. Those for
5 whom no leave of absence has been granted or no sufficient
6 excuse is made may, by order of a majority of the members
7 present, be sent for and taken into custody by the Sergeant-at-
8 Arms and his assistants appointed for that purpose, and brought
9 before the bar of the House where, unless excused by a majority
10 of the members present, they shall be censured or punished for
11 neglect of duty as the House may direct.
12 Further proceedings under a call of the House may be
13 dispensed with at any time after the completion of the roll call
14 and the announcement of the result.
15 These proceedings shall be without debate, and no motion,
16 except to adjourn, shall be in order.
17 RULE 58
18 Persons Admitted Under a Call of the House
19 Members who voluntarily appear during a call of the House
20 shall be admitted to the House. Upon recognition by the Speaker
21 they shall announce their presence and their names shall be
22 recorded on the roll.
23 Officers of the House, accredited correspondents and
24 employees designated by the Chief Clerk shall be admitted to the
25 House during a call.
26 Visitors shall not be admitted to the House after the doors
27 are closed and until the proceedings under the call are
28 terminated, but they shall be permitted to leave.
29 RULE 59
30 Lay on the Table
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1 A motion to lay on the table is not debatable, is not subject
2 to amendment and carries with it the main question and all other
3 pending questions which adhere to it, except when an appeal is
4 laid on the table.
5 RULE 60
6 Motion to Take from the Table
7 A motion to take from the table a bill or other subject is in
8 order under the same order of business in which the matter was
9 laid on the table. It shall be decided without debate or
10 amendment.
11 RULE 61
12 Previous Question
13 A motion for the previous question, seconded by 20 members
14 and sustained by a majority of the members present, shall put an
15 end to all debate and bring the House to an immediate vote on
16 the question then pending, or the questions on which it has been
17 ordered.
18 A motion for the previous question may be made to embrace any
19 or all pending amendments or motions and to include the passage
20 or rejection of a bill or resolution.
21 RULE 62
22 Call for Yeas and Nays--Reasons for Vote
23 The yeas and nays of the members on any question shall, at
24 the desire of any two of them, be entered on the Journal.
25 (Constitution, Article II, Section 12).
26 When the Speaker or any member is not satisfied with a voice
27 vote on a pending question, the Speaker may order a roll call
28 vote; or, upon request of two members, before the result of the
29 vote is announced, he shall order a roll call vote.
30 A member may submit a written explanation of his vote
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1 immediately following the announcement of the result of the vote
2 and have it printed in the Journal.
3 RULE 63
4 Division of a Question
5 Any member may call for a division of a question by the
6 House, if it comprehends propositions so distinct and separate
7 that one being taken away, the other will stand as a complete
8 proposition for the decision of the House.
9 A motion to strike out and insert is indivisible, but a
10 motion to strike out being lost shall neither preclude amendment
11 nor a motion to strike out and insert.
12 RULE 64
13 Members Required to be Present and Vote
14 [Except as otherwise provided by this rule, every] Every
15 member shall be present within the Hall of the House during its
16 sittings, unless excused by the House or unavoidably prevented,
17 and shall vote for or against each question put, unless he has a
18 direct personal or pecuniary interest in the determination of
19 the question or unless he is excused or not present in
20 accordance with an authorized leave of absence.
21 No member shall be permitted to vote and have his vote
22 recorded on the roll unless he is present in the Hall of the
23 House during the roll call vote.
24 The Legislative Journal shall show the result of each roll
25 call by yeas and nays and those absent and those not voting.
26 [A member who is either performing a legislative assignment
27 in the Harrisburg area in furtherance of duties of his office or
28 on behalf of the body of the House and to which the member was
29 appointed by the House or the appropriate officer of the House
30 may, upon request to and approval by the member's floor leader,
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1 be granted Harrisburg Legislative Leave and be voted by or at
2 the direction of the member's floor leader. A specific reason
3 must be given by the member to the respective floor leader and
4 that floor leader must announce the granting of the Harrisburg
5 Legislative Leave. Harrisburg Legislative Leave shall last no
6 longer than the single legislative session day for which it was
7 requested and shall immediately expire with the return of the
8 member to the Hall of the House. No member will be granted
9 Harrisburg Legislative Leave for a session day, or a portion of
10 a session day, who does not personally vote on the day's initial
11 Master Roll Call. A member is not permitted to request
12 Harrisburg Legislative Leave if the member is the prime sponsor
13 of a bill scheduled to run during the time for which Leave is
14 requested or if the member has filed and intends to offer an
15 amendment during that time.]
16 RULE 64 (a)
17 Chronic Absenteeism
18 For purposes of this rule the term "chronic absenteeism"
19 shall mean the unexcused absence of a representative for a
20 period of five consecutive legislative days from official
21 sessions of the House of Representatives or the absence of a
22 committee member for a period of five consecutive days from
23 their assigned committee meetings which meetings qualify as
24 regular committee meetings under the rules of the House of
25 Representatives and the Sunshine Law of the Commonwealth.
26 Any representative who is absent without excuse from regular
27 House sessions for a period of five consecutive legislative days
28 or is absent for a period of five consecutive committee meetings
29 shall be deemed a chronic absentee and may, on a vote of the
30 full House, be held in contempt of this House upon motion of
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1 five members of the House for chronic absence from regular House
2 sessions and by motion of three members of the standing
3 committee of the House to which such representative is assigned
4 for chronic absence from regularly scheduled committee meetings.
5 The term "chronic absenteeism" shall not include:
6 (1) Absence due to the personal illness or bodily injury of
7 a representative.
8 (2) Absence due to personal illness or bodily injury of a
9 member of the immediate family of the representative.
10 (3) Death to a member of the immediate family of a
11 representative.
12 (4) Any excused absence approved by the House pursuant to
13 its rules.
14 RULE 65
15 Member Having Private Interest
16 (1) A member who has a personal or private interest in any
17 measure or bill proposed or pending before the House shall
18 disclose the fact to the House and shall not vote thereon.
19 (Constitution, Article III, Section 13).
20 (2) A member who, for remuneration, represents any
21 organization required to register under [the Lobbying
22 Registration and Regulation Act] 65 Pa.C.S. Ch. 13A (relating to
23 lobbying disclosure) shall file a statement of that fact with
24 the Chief Clerk.
25 RULE 65 (a)
26 Professionals-Legislators
27 (1) Except as hereinafter provided, any member or employee
28 of the House or its agencies shall not be retained for
29 compensation to appear in his or her professional capacity to
30 represent the interest of any client in any proceeding before
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1 any Commonwealth department, board, agency, bureau or
2 commission, except that such member or employee is authorized to
3 represent the interest of a client at any stage of a proceeding
4 before the Commonwealth or its agencies where such proceeding
5 was initially taken or brought as a ministerial action, as
6 defined by this rule, and as originally taken was not initially
7 adverse in nature to the interest of the Commonwealth or its
8 agencies.
9 (2) The provisions of this rule shall not be applicable to
10 professionals-legislators:
11 (a) Representing clients on criminal matters before the
12 courts of the Commonwealth.
13 (b) Representing clients on civil matters before the
14 courts of the Commonwealth.
15 (c) Representing clients in all stages of a proceeding
16 before the Commonwealth or its agencies which was initially
17 commenced as a ministerial action. The term "ministerial
18 action" means and includes any proceeding or action before
19 the Commonwealth or its agencies where the proceeding, as
20 initially commenced involved solely:
21 (i) The uncontested or routine action by the
22 Commonwealth's administrative officers or employees in
23 issuing or renewing licenses, charters, certificates or
24 any other documents of a similar nature; or
25 (ii) The preparation, filing and review of tax
26 returns and supporting documents required by law; or
27 (iii) The preparation, filing and review of
28 engineering and architectural plans, drawings,
29 specifications and reports; or
30 (iv) Any other initially routine or uncontested
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1 preparation, filing, review or other action not
2 enumerated above and considered and normally handled by
3 the Commonwealth or its agencies as a ministerial action.
4 (d) Representing clients in workmen's compensation
5 proceedings before the bureau, its referees or the Workmen's
6 Compensation Appeals Board.
7 (3) This rule shall not apply to the other members of the
8 firm of such member and/or employee.
9 RULE 65 (b)
10 Financial Interests in Gaming Entities
11 (1) Except as hereinafter provided, no member, his or her
12 spouse, or any minor or unemancipated children shall hold or
13 acquire during his or her tenure in office any ownership or
14 other financial interest, including both equity and
15 indebtedness, in any entity required to be licensed [by the act
16 of July 5, 2004 (P.L.572, No.71), known as the Pennsylvania Race
17 Horse Development and Gaming Act] under 4 Pa.C.S. Pt. II
18 (relating to gaming), or in the subsidiaries or affiliates, as
19 defined in [that act] 4 Pa.C.S. § 1103 (relating to
20 definitions), of any such licensed entity.
21 (2) The provisions of this Rule shall not be applicable to
22 the following:
23 (a) an interest held through a defined benefit pension
24 plan;
25 (b) an interest held through a deferred compensation
26 plan organized and operated pursuant to section 457 of the
27 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
28 [1 et seq] 457);
29 (c) an interest held through a tuition account plan
30 organized and operated pursuant to section 529 of the
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1 Internal Revenue Code;
2 (d) an interest held through a plan described in section
3 401(k) of the Internal Revenue Code;
4 (e) an interest held in an employer profit-sharing plan
5 qualified under the Internal Revenue Code;
6 (f) an interest held in a mutual fund where the interest
7 owned by the individual fund in the licensed entity as
8 described herein does not amount to control of the entity as
9 defined by the Federal Investment Company Act of 1940 and
10 provided that such mutual fund is not a nondiversified fund
11 invested primarily in entities operating in, or connected
12 with, the gaming industry;
13 (g) an interest held in a blind trust over which the
14 holder may not exercise any managerial control or receive
15 income during the time period the member holds office;
16 (h) an interest held in a licensed entity otherwise
17 prohibited by this Rule if such interest was acquired prior
18 to January 7, 2003;
19 (i) an interest in indebtedness arising out of a
20 commercial transaction which takes place in the ordinary
21 course of business;
22 (j) an interest held in a subsidiary or affiliate of a
23 licensed entity if the identity thereof is not disclosed to
24 the Chief Clerk by the Pennsylvania Gaming Control Board. The
25 Chief Clerk, on a quarterly basis, shall request an updated
26 list from the Pennsylvania Gaming Control Board of all
27 subsidiaries and affiliates of licensed entities and shall
28 provide a copy of the list to all members of the House;
29 (k) an interest held by a spouse if an action seeking a
30 divorce and dissolution of marital status has been initiated
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1 in any jurisdiction by either party to the marriage.
2 (3) Exceptions provided for in paragraph (2)(a) through (f)
3 above shall be inapplicable if the member, his or her spouse, or
4 any minor or unemancipated children have any discretion in
5 choosing individual investments within the portfolio in which
6 the interest is held.
7 (4) Annually, on or before [January 31st] APRIL 30TH of each <--
8 calendar year, members shall file an affidavit with the Chief
9 Clerk, on a form provided by the Chief Clerk, either disclosing
10 holdings prohibited by this rule or affirming that he or she
11 holds no such interests.
12 (5) Any member, including a spouse and any minor or
13 unemancipated children, holding an ownership or other financial
14 interest prohibited by this Rule, shall have three months from
15 the date the entity is approved for a license under [the act of
16 July 5, 2004 (P.L.572, No.71), known as the Pennsylvania Race
17 Horse Development and Gaming Act] 4 Pa.C.S. Pt. II to completely
18 divest his or her interest and to file an affidavit affirming
19 the divestiture with the Chief Clerk.
20 (6) Members, including a spouse and any minor or
21 unemancipated children, elected to the House of Representatives
22 for the first time or upon returning after a hiatus in House
23 service subsequent to the adoption of this Rule shall have three
24 months from the date they are sworn into office to divest such
25 interests and file the affidavit referred to in paragraph (4).
26 RULE 66
27 Electric Roll Call
28 The names of the members shall be listed on the electric roll
29 call boards by party affiliation in alphabetical order, except
30 the name of the Speaker shall be last.
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1 On any question requiring the "yeas" and "nays", the electric
2 roll call system shall be used. On all other questions to be
3 voted upon, the Speaker may, in his discretion, order the yeas
4 and nays taken by the electric roll call system or voice vote
5 or, upon demand of two members before the result of a vote has
6 been declared, the yeas and nays shall be taken by the electric
7 roll call system.
8 In the event the electric roll call system is not in
9 operating order, the Speaker shall order all yea and nay votes
10 be taken by calling the roll, as provided in the Rules of the
11 House.
12 The vote of any member which has not been recorded because of
13 mechanical malfunction of the electric roll call system shall be
14 entered on the Journal, if said member was in the Hall of the
15 House at the time of the vote and did cast his vote at the
16 appropriate time, and the fact of such malfunction is reported
17 to the Speaker of the House prior to the announcement of the
18 result of the vote.
19 When the House is ready to vote upon any question requiring
20 the yeas and nays and the vote is to be taken by the electric
21 roll call system, the Speaker shall state: "The question
22 .............. (Designating the matter to be voted upon.)" The
23 Speaker shall then unlock the voting machine and announce, "The
24 members shall now proceed to vote." Once the voting has begun,
25 it shall not be interrupted, except for the purpose of
26 questioning the validity of a member's vote or, if the voting
27 switch of a member present in the Hall of the House is locked or
28 otherwise inoperative, a request that such switch be rendered
29 operative or such members vote be officially recorded, before
30 the result is announced.
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1 When, in the judgment of the Speaker, reasonable time has
2 been allowed all members present in the House to vote (in no
3 event shall such time exceed ten minutes) he shall ask the
4 question: "Have all members present [voted"?] VOTED?" After a <--
5 pause, the Speaker shall lock the machine and instruct the Clerk
6 to record the vote, and the Speaker shall announce the result of
7 the vote.
8 No member or other person shall be allowed at the Clerk's
9 desk while the yeas and nays are being recorded, or the vote
10 counted.
11 After the voting machine is locked, no member may change his
12 vote and the votes of tardy members will not be recorded.
13 The vote as electrically recorded on the roll of members
14 shall not in any manner be altered or changed by any person.
15 Except as provided in Rule 64, no member shall vote for
16 another member, nor shall any person not a member vote for a
17 member.
18 Any member or other person who willfully tampers with or
19 attempts to disarrange, deface, impair or destroy in any manner
20 whatsoever the electrical voting equipment used by the House, or
21 who instigates, aids or abets with the intent to destroy or
22 change the record of votes thereon shall be punished in such
23 manner as the House determines.
24 A member who has been appointed by the Speaker to preside as
25 Speaker pro tempore may designate either the Majority or
26 Minority Whip to cast his vote on any question while he is
27 presiding in accordance with his instructions from the Chair.
28 RULE 67
29 Verification and Challenge
30 Upon completion of a roll call and before the result is
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1 announced, if there appears to be need for verification, the
2 Speaker may direct the Clerk to verify it, or three members may
3 demand a verification.
4 Any member may challenge in writing the yea or nay or
5 electrically recorded vote of other members. The allegations
6 made shall be investigated by a committee composed of the
7 Speaker, a majority member and a minority member appointed by
8 the Speaker, who shall submit a report to the House not later
9 than its next session. The House shall then decide whether the
10 challenged vote shall be recorded or not.
11 If the challenged vote would change the result, the
12 announcement of the vote shall be postponed until the House
13 decides the case.
14 RULE 68
15 Changing Vote
16 No member may change his vote, or have his vote recorded
17 after the result of a roll call vote has been announced, nor
18 after an affirmative or negative roll has been declared
19 verified.
20 RULE 69
21 Journal
22 The Chief Clerk shall keep a Journal of the proceedings of
23 the House, which shall be printed and shall be made available to
24 the members.
25 The Journal of the proceedings of the last day's session
26 shall not be read unless so ordered by a majority vote of the
27 House.
28 RULE 70
29 History of House Bills
30 and House Resolutions
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1 A weekly History, showing the title and action on House bills
2 and the text and action on non-privileged resolutions, shall be
3 compiled and indexed under the direction of the Chief Clerk and
4 shall be printed and placed on each member's desk.
5 The House History shall include a cumulative index of laws
6 enacted during the session and the text of vetoes by the
7 Governor.
8 RULE 71
9 House Calendar
10 Bills and non-privileged resolutions reported from committees
11 to the House with an affirmative recommendation shall be listed
12 on the calendar in such manner as prescribed by the Rules
13 Committee and any other rule of the House. House bills and House
14 resolutions shall precede Senate bills and Senate resolutions.
15 Bills and non-privileged resolutions shall be listed on the
16 House Calendar for no more than 15 consecutive legislative days.
17 At the end of the 15th consecutive legislative day the said bill
18 or non-privileged resolution shall be automatically recommitted
19 to the committee from which it was reported to the floor of the
20 House.
21 Any bill or non-privileged resolution on the calendar which
22 cannot, by its status, be recommitted shall be removed from the
23 calendar and laid on the table, unless the House shall otherwise
24 direct.
25 A marked calendar compiled by the Majority Leader shall be
26 provided to all members on each legislative day on which votes
27 are scheduled on the calendar.
28 RULE 72
29 Journal, Transcribing and
30 Documents Rooms
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1 No person, except members and employees of the House having
2 official business, shall be permitted in the Transcribing, the
3 Legislative Journal, and the Bills and Documents Rooms of the
4 House without the consent of the Chief Clerk.
5 RULE 73
6 Correspondents
7 Admission to and administration of the Press Galleries of the
8 Senate and House of Representatives shall be vested in a
9 Committee on Correspondents consisting of the President pro
10 tempore of the Senate, or his designee; the Speaker of the House
11 of Representatives, or his designee; the Supervisor of the
12 Capitol Newsroom; the President of the Pennsylvania Legislative
13 Correspondents' Association, or his designee and the Executive
14 Director of the Pennsylvania Association of Broadcasters, or his
15 designee.
16 Persons desiring admission to the press sections of the
17 Senate and House of Representatives shall make application to
18 the Chairman of the Committee on Correspondents. Such
19 application shall state the newspaper, press association or
20 licensed radio or television station, its location, times of
21 publication or hours of broadcasting, and be signed by the
22 applicant.
23 The Committee on Correspondents shall verify the statements
24 made in such application, and, if the application is approved by
25 the committee, shall issue a correspondent's card signed by the
26 members of the committee.
27 The gallery assigned to newspaper correspondents or
28 recognized press association correspondents or representatives
29 of licensed radio and television stations, systems or
30 newsgathering agencies shall be for their exclusive use and
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1 persons not holding correspondents cards shall not be entitled
2 to admission thereto. Employees of the General Assembly,
3 representatives and employees of state departments, boards,
4 commissions and agencies, visitors and members of the families
5 of correspondents entitled to admission to the press gallery
6 shall, at no time, be permitted to occupy the seats or be
7 entitled to the privileges of the press gallery.
8 Accredited representatives of newspapers, wire, newsreel
9 services and licensed radio or television stations, systems or
10 newsgathering agencies, may be authorized by the Speaker of the
11 House to take photographs, make audio or video recordings or
12 tapes, and to broadcast or televise in the House of
13 Representatives. Applications to take photographs, make audio or
14 video recordings or tapes, or to broadcast or televise at public
15 hearings of committees shall be approved by the committee
16 chairman or co-chairmen conducting such hearing. However, the
17 committee chairman conducting the hearing may make such orders
18 to such representatives as may be necessary to preserve order
19 and decorum.
20 No photographs shall be taken nor any recordings or tapes
21 made, nor any broadcasting or televising done in the House of
22 Representatives during sessions, being at ease or recessed,
23 without prior notice to the Representatives. When possible, such
24 notice shall be given at the beginning of the session, at ease
25 or recess, during which the photographs, recordings or taping,
26 broadcasting or televising are scheduled to be taken or made.
27 No more than one representative of each newspaper, press
28 association or licensed radio or television station, system or
29 newsgathering agency shall be admitted to the press gallery at
30 one time. Members of the Pennsylvania Legislative
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1 Correspondents' Association and representatives of licensed
2 radio and television stations, systems or newsgathering
3 agencies, assigned to the House of Representatives on a daily
4 basis shall have permanent assigned seating in the press gallery
5 with identification plates. Visiting representatives of daily
6 newspapers, press associations, Sunday newspapers as well as
7 radio and television stations, systems or newsgathering agencies
8 shall coordinate seating accommodations with the supervisor of
9 the Capitol Newsroom.
10 Persons assigned to the press gallery on a permanent or
11 temporary basis, shall at all times, refrain from loud talking
12 or causing any disturbance which tends to interrupt the
13 proceedings of the House of Representatives.
14 Persons assigned to the press gallery on a permanent or
15 temporary basis shall not walk onto the floor of the House of
16 Representatives nor approach the rostrum or the clerks' desks
17 during session or while being at ease.
18 Persons assigned to the press gallery on a permanent or
19 temporary basis wishing to confer with a Representative shall
20 disclose this fact by having a message delivered by a page to
21 the Representative. Such conversation shall be conducted off the
22 floor of the House of Representatives.
23 Representatives of the Pennsylvania Public Broadcasting
24 System may, subject to regulations of the Speaker, televise or
25 make video tapes of proceedings of sessions of the House of
26 Representatives and meetings of all committees of the House of
27 Representatives.
28 RULE 74
29 Visitors
30 Visitors shall be admitted to the Hall of the House only when
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1 sponsored by a member. The Chief Clerk shall issue an
2 appropriate pass to any visitor so sponsored.
3 Persons admitted to the Hall of the House other than members
4 and attaches, shall not be permitted to stand while the House is
5 in session but shall be seated in chairs provided for them. At
6 no time shall visitors be permitted on the Floor of the House
7 while the House is in session unless so permitted by the
8 Speaker.
9 RULE 75
10 Lobbyists
11 No registered lobbyist shall be admitted to the Hall of the
12 House.
13 RULE 76
14 Soliciting Prohibited
15 No officer or employee of the House shall solicit any member,
16 other officer or employee of the House for any purpose.
17 RULE 77
18 Suspending and Changing Rules
19 Any rule of the House, which is not required by the
20 Constitution, may be temporarily suspended at any time for a
21 specific purpose only by a vote of two-thirds of the members
22 elected to the House by a roll call vote.
23 A motion to suspend the rules may not be laid on the table,
24 postponed, committed or amended.
25 The existing rules of the House shall not be changed, added
26 to, modified or deleted except by written resolution and the
27 same approved by a majority vote of the members elected to the
28 House by a roll call vote.
29 Except where such resolution originates with the Committee on
30 Rules, no resolution proposing any change, addition,
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1 modification or deletion to existing House rules shall be
2 considered until such resolution has been referred to the
3 Committee on Rules, reported therefrom, printed, filed on the
4 desk of each member and placed on the calendar.
5 Any proposed change, addition, modification or deletion
6 offered by a member on the floor of the House to such resolution
7 shall be considered, in effect, a change, addition, modification
8 or deletion to existing House rules and shall require for
9 approval a majority vote of the members by a roll call vote.
10 RULE 78
11 Parliamentary Authority
12 Jefferson's Manual supplemented by Mason's Manual of
13 Legislative Procedure shall be the parliamentary authority of
14 the House, if applicable and not inconsistent with the
15 Constitution of Pennsylvania, the laws of Pennsylvania
16 applicable to the General Assembly, the Rules of the House, the
17 established precedents of the House and the established customs
18 and usages of the House.
19 RESOLVED, That this resolution expire March 14, 2007.
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