PRINTER'S NO. 716
No. 108 Session of 2007
INTRODUCED BY SHAPIRO, STEIL, ARGALL, BENNINGHOFF, COHEN, COX,
DALLY, FREEMAN, GRELL, MAHONEY, MANDERINO, MUNDY, NAILOR,
ROAE, ROHRER, RUBLEY, SAINATO, SCHRODER, TANGRETTI, THOMAS,
VEREB, VITALI, WALKO AND WILLIAMS, MARCH 7, 2007
REFERRED TO COMMITTEE ON RULES, MARCH 7, 2007
A RESOLUTION
1 Adopting as permanent rules for the House of Representatives the
2 Temporary Rules of the House of Representatives (2007-2008),
3 further providing for order and decorum, for smoking, for
4 members' and employees' expenses; providing for employee
5 payroll information and for electronic availability of
6 reports; further providing for time of meeting, for
7 introduction and printing of bills, for fiscal notes, for
8 bills confined to one subject, for consideration of bills,
9 for first consideration bills, for second consideration
10 bills, for third consideration and final passage bills, for
11 amendments, for bills amended by the Senate, for sine die and
12 final introduction of bills, for powers and duties of
13 standing committees and subcommittees and for Committee on
14 Rules; providing for status of members indicted or convicted
15 of a crime and for status of officers or employees indicted
16 or convicted of a crime; further providing for committee
17 action, for public hearings, for adjourn, for lay on the
18 table, for motion to take from table, for electronic roll
19 call, for suspending and changing rules and for parliamentary
20 authority; and making editorial changes.
21 RESOLVED, That the Temporary Rules of the House of
22 Representatives (2007-2008) be adopted as the Rules of the House
23 of Representatives for the 2007-2008 session of the House of
24 Representatives with the following amendments:
25 (2007-2008)
26 [TEMPORARY] RULES OF THE HOUSE OF REPRESENTATIVES
1 Definitions:
2 "Day" shall mean any calendar day.
3 "Floor of the House" shall be that area within the Hall of
4 the House between the Speaker's rostrum and the brass rail
5 behind the Members' seats.
6 "Formal Action" shall mean any vote or motion of a member of
7 a standing committee, standing subcommittee, select committee or
8 rules committee of the House of Representatives to report or not
9 report, amend, consider or table a bill or resolution and the
10 discussion and debate thereof.
11 "Hall of the House" shall be the floor space within its four
12 walls and does not include the adjoining conference rooms, the
13 lobbies or the upper gallery of the House.
14 "Legislative Day" shall mean any day that the House shall be
15 in session.
16 "Press Gallery" shall be within that area known as the Hall
17 of the House as designated by the Speaker.
18 "Roll Call Vote" shall be a vote taken and displayed by and
19 on the electric roll call board or in the event of a malfunction
20 of the electric roll call board, by such method as shall be
21 determined by the Speaker.
22 RULE 1
23 Speaker Presiding
24 The Speaker shall preside over the sessions of the House.
25 [He] The Speaker may name a member to preside, but the
26 substitution shall not extend beyond an adjournment. [He] The
27 Speaker may appoint a member as Speaker pro tempore to act in
28 [his] the Speaker's absence for a period not exceeding ten
29 consecutive legislative days.
30 As presiding officer and in accordance with Article II § 2 of
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1 the Constitution of Pennsylvania and the act of June 3, 1937
2 (P.L.1333, No.320), known as the Pennsylvania Election Code,
3 within ten days after the occurrence of a vacancy the Speaker
4 shall issue a writ for a special election to be held on a date
5 which shall occur on or before the date of the first primary,
6 municipal or general election which occurs not less than 60 days
7 after the issuance of the writ. The Speaker shall not be
8 required to issue a writ of election if the election cannot be
9 scheduled until after the general election.
10 In case of failure to make an appointment, the House shall
11 elect a Speaker pro tempore to act during the absence of the
12 Speaker.
13 The Speaker pro tempore shall perform all the duties of the
14 Chair during the absence of the Speaker.
15 RULE 2
16 Taking the Chair
17 The Speaker shall take the Chair and call the members to
18 order on every legislative day at the hour to which the House
19 adjourned at the last sitting. On the appearance of a quorum,
20 the Speaker shall proceed to the regular order of business as
21 prescribed by the rules of the House.
22 RULE 3
23 Order and Decorum
24 The Speaker or Presiding Officer shall preserve order and
25 decorum. In case of any disturbance or disorderly conduct in the
26 galleries or lobbies, [he] the Speaker shall have the power to
27 order the same to be cleared.
28 The Speaker or Presiding Officer shall have the right to
29 summon [State Police to assist] Legislative Security Officers to
30 enforce in the preservation of order and decorum, and if needed,
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1 to summon the State Police to assist.
2 The Sergeant-at-Arms and Legislative Security Officers under
3 the direction of the Speaker or the Presiding Officer shall,
4 while the House is in session, maintain order on the floor and
5 its adjoining rooms[. He] and shall enforce the rule with
6 respect to the conduct of members, staff and visitors.
7 RULE 4
8 Questions of Order
9 The Speaker shall decide all questions of order subject to an
10 appeal by two members. The Speaker may, in the first instance,
11 submit the question to the House. Questions involving the
12 constitutionality of any matters shall be decided by the House.
13 On questions of order there shall be no debate except on an
14 appeal from the decision of the Speaker or on reference of a
15 question [by him] to the House. In either case, no member shall
16 speak more than once except by leave of the House.
17 Unless germane to the appeal, a second point of order is not
18 in order while an appeal is pending; but, when the appeal is
19 disposed of, a second point of order is in order and is subject
20 to appeal.
21 RULE 5
22 Conference and Select Committee Appointments
23 All Committees of Conference shall be appointed by the
24 Speaker and shall be composed of three members, two of whom
25 shall be selected from the majority party and one from the
26 minority party.
27 The Speaker shall appoint the members of select committees,
28 unless otherwise ordered by the House.
29 RULE 6
30 Signature of the Speaker
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1 The Speaker shall, in the presence of the House, sign all
2 bills and joint resolutions passed by the General Assembly after
3 their titles have been publicly read immediately before signing,
4 and the fact of signing shall be entered on the Journal.
5 Resolutions, addresses, orders, writs, warrants and subpoenas
6 issued by order of the House shall be signed by the Speaker and
7 attested by the Chief Clerk.
8 RULE 7
9 Oath to Employees
10 The Chief Clerk shall administer an oath or affirmation to
11 the employees of the House that they will severally support,
12 obey and defend the Constitution of the United States and the
13 Constitution of Pennsylvania, and that they will discharge the
14 duties of their offices with fidelity.
15 Each employee of the House, after taking the oath of office,
16 shall sign [his name in] the Oath Book in the presence of the
17 Chief Clerk.
18 RULE 8
19 Supervision of Hall of the House
20 and Committee Rooms
21 Subject to the direction of the Speaker, the Chief Clerk
22 shall have supervision and control over the Hall of the House,
23 the caucus and committee rooms and all other rooms assigned to
24 the House.
25 During the sessions of the Legislature the Hall of the House
26 shall not be used for public or private business other than
27 legislative matters except by consent of the House. During
28 periods of recess of the House such use may be authorized by the
29 Speaker without the consent of the House.
30 RULE 9
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1 Decorum
2 While the Speaker is putting a question or addressing the
3 House and during debate or voting, no member shall disturb
4 another by talking or walking up and down or crossing the floor
5 of the House.
6 RULE 9 (a)
7 Smoking
8 No smoking of cigarettes, cigars, pipes and other tobacco
9 products shall be allowed in the Hall of the House nor in any
10 interior area of the Capitol Complex under the control of the
11 House of Representatives.
12 RULE 10
13 Debate
14 When a member desires to address the House, [he] the member
15 shall rise and respectfully address [himself to "Mr. Speaker."]
16 the Speaker. Upon being recognized, [he may speak, confining
17 himself] the member may speak, and shall be confined to the
18 question under consideration and avoiding personal reflections.
19 When two or more members rise at the same time and ask for
20 recognition, the Speaker shall designate the member who is
21 entitled to the floor.
22 No member, except the Majority and Minority Leaders, may
23 speak more than twice on any question, without the consent of
24 the House.
25 With the unanimous consent of the House a member may make a
26 statement not exceeding ten minutes in length concerning a
27 subject or matter not pending before the House for
28 consideration, providing the Majority and Minority Leaders have
29 agreed on a time the member is to ask for recognition.
30 RULE 11
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1 Interruption of a Member who Has the Floor
2 A member who has the floor may not be interrupted, except for
3 questions of order or by a motion for the previous question.
4 [With his consent, a] A member may yield the floor for
5 questions related to the subject before the House.
6 RULE 12
7 Personal Privilege
8 Any member may by leave of the Speaker rise and explain a
9 matter personal to [himself, but he] the member, but the member
10 shall not discuss a pending question in [his] the explanation.
11 Questions of personal privilege shall be limited to questions
12 affecting the rights, reputation and conduct of members of the
13 House in their respective capacity.
14 RULE 13
15 Transgression of House Rules
16 If any member in speaking or otherwise transgresses the Rules
17 of the House, the Speaker or any member through the Speaker
18 shall call [him] the member to order, in which case [he] the
19 member shall immediately sit down unless permitted by the House
20 to explain.
21 The House upon appeal shall decide the case without debate.
22 If the decision is in favor of the member, [he] the member may
23 proceed. If the case requires it, [he] the member shall be
24 liable to censure or other punishment as the House deems proper.
25 RULE 14
26 Members' and Employees' Expenses
27 A member who attends a duly called meeting of a standing or
28 special committee of which he or she is a member when the House
29 is not in session or who is summoned to the State Capitol or
30 elsewhere by the Speaker, or the Majority or Minority Leader of
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1 the House, to perform legislative services when the House is not
2 in session shall be reimbursed per day for each day of service,
3 plus mileage to and from [his] the member's residence, at such
4 rates as are established from time to time by the Committee on
5 Rules but not in excess of the applicable maximum mileage rate
6 authorized by the Federal Government. For travel to any location
7 for committee meetings or for travel to the State Capitol for
8 any reason, members cannot receive reimbursement in excess of
9 the applicable maximum per diem rate authorized by the Federal
10 Government. These expenses shall be paid by the Chief Clerk from
11 appropriation accounts under [his] the Chief Clerk's exclusive
12 control and jurisdiction, upon a written request approved by the
13 Speaker of the House, or the Majority or the Minority Leader of
14 the House.
15 An employee of the House summoned by the Speaker or the
16 Majority or Minority Leader of the House to perform legislative
17 services outside of Harrisburg shall be reimbursed for actual
18 expenses and mileage to and from [his] the employee's residence.
19 Such expenses may be paid by the Speaker, Majority or Minority
20 Leader, if they agree to do so, or shall be paid by the Chief
21 Clerk from appropriation accounts under [his] the Chief Clerk's
22 exclusive control and jurisdiction, upon a written request
23 approved by the Speaker, or the Majority or the Minority Leader.
24 District office employees are only permitted to be reimbursed
25 from an account under the control of the Chief Clerk when
26 traveling to Harrisburg for a training program sponsored by
27 either caucus or for travel to a legislative conference approved
28 by the Speaker, the Majority Leader or the Minority Leader. All
29 other travel by district office employees may be reimbursed from
30 the member's accountable expenses or an account under the
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1 control of the Speaker, the Majority Leader or the Minority
2 Leader.
3 No member, nonmember officer or employee may receive any per
4 diem or other reimbursement for allowable expenses, actual
5 expenses, mileage or any other similar expenditures unless,
6 within 90 days of the travel, service or allowable expenditure,
7 a written request, voucher or other documentation is submitted,
8 in compliance with all House rules, to the Speaker, Majority
9 Leader, Minority Leader or Chief Clerk. In the case of a
10 catastrophic occurrence which occurs within the 90-day period, a
11 member, nonmember officer or employee shall have 90 days after
12 the conclusion of the occurrence to submit a written request,
13 voucher or other documentation.
14 Members and employees traveling outside the Commonwealth of
15 Pennsylvania who receive any reimbursement for expenses or
16 travel which reimbursement is from public funds shall file with
17 the Chief Clerk a statement containing his or her name and the
18 name, place, date and the purpose of the function.
19 Money appropriated specifically to and allocated under a
20 specific symbol number for allowable expenses of members of the
21 House of Representatives shall be reimbursed to each member upon
22 submission of vouchers and any required documentation by each
23 member on forms prepared by the Chief Clerk of the House. No
24 reimbursement shall be made from this account where a member is
25 directly reimbursed for the same purpose from any other
26 appropriation account.
27 Such allowable expenses of members may be used for any
28 legislative purpose or function, including but not limited to
29 the following:
30 (1) Travel expense on legislative business.
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1 (a) Mileage on session or nonsession days at a rate as
2 may be approved from time to time by the Committee on Rules,
3 but not in excess of the maximum mileage rate authorized by
4 the Federal Government for travel; voucher only.
5 (b) Miscellaneous transportation on legislative business
6 (taxi, airport limousine parking, tolls), and expenses of a
7 similar nature; voucher only for any single expense not in
8 excess of $10.
9 (c) Travel on legislative business by common carrier
10 other than taxi and airport limousine; voucher and receipt
11 from common carrier.
12 (d) Car rental; voucher and receipt from rental agency
13 but reimbursement not to exceed in any month an amount as may
14 be approved from time to time by the Committee on Rules. Any
15 amount in excess of the said amount shall be paid by the
16 person renting the car. In no event shall other than American
17 manufactured cars be rented.
18 (e) Lodging, restaurant charges and other miscellaneous
19 and incidental expenses while away from home. Vouchers only
20 for per diem allowance approved from time to time by the
21 Committee on Rules, but not in excess of the applicable
22 maximum per diem rate authorized by the Federal Government or
23 for actual expenses not in excess of such per diem rate.
24 (2) Administrative, clerical and professional services for
25 legislative business, except for employment of spouses or any
26 relatives, by blood or marriage.
27 (a) Administrative and clerical services; voucher and
28 receipt from person employed.
29 (b) Professional services; voucher and receipt and copy
30 of agreement or contract of employment.
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1 (3) Rent for legislative office space; purchase of office
2 supplies; postage; telephone and answering services; printing
3 services and rental only of office equipment; voucher and
4 vendor's receipt, except for postage expense. No reimbursement
5 or expenditure shall be made out of any appropriation account
6 for any mass mailing including a bulk rate mailing made at the
7 direction or on behalf of any member which is mailed or
8 delivered to a postal facility within 60 days immediately
9 preceding any primary or election at which said member is a
10 candidate for public office.
11 Mass mailing shall mean a newsletter or similar mailing of
12 more than 50 pieces in which the content of the matter is
13 substantially identical. Nothing in this rule shall apply to any
14 mailing which is in direct response to inquiries or requests
15 from persons to whom matter is mailed, which is addressed to
16 colleagues in the General Assembly or other government officials
17 or which consists entirely of news releases to the
18 communications media.
19 (4) Official entertainment--restaurant and beverage charges;
20 voucher only for expenses. Receipts for entertainment expenses,
21 together with a statement of the reason for the expense, shall
22 be submitted with the request for reimbursement.
23 (5) Purchase of flags, plaques, publications, photographic
24 services, books, and other similar items in connection with
25 legislative activities; voucher and vendor's receipt.
26 (6) Communications and donations in extending
27 congratulations or sympathy of illness or death; voucher only on
28 expenses not in excess of $35.
29 No money appropriated for members' and employees' expenses
30 shall be used for contributions to political parties or their
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1 affiliated organizations or to charitable organizations or for
2 charitable advertisements.
3 A member shall not create, maintain or cause to be created or
4 maintained a legislative nonprofit organization. A "legislative
5 nonprofit organization" means a nonprofit corporation or other
6 entity whose primary purpose is to receive funds under the
7 General Appropriation Act or another appropriations act at the
8 discretion or by reason of the influence of a member for the use
9 at the direction or discretion of the member.
10 No money may be expended within 60 days before a primary
11 election or within 60 days before a general election in even-
12 numbered years for:
13 (i) purchase of or the reimbursement for the purchase of any
14 radio or television broadcast time for public service
15 announcements that depict the name, voice or image of a member;
16 or
17 (ii) payment for telemarketing activities on behalf of a
18 member. This prohibition shall not apply to limited surveys to
19 determine public opinion on various issues.
20 Members and employees shall not request reimbursement for the
21 private lease of vehicles leased on a long-term basis. No
22 payments will be made with respect to private, long-term lease
23 vehicle expenses incurred by members or employees except with
24 respect to private, long-term lease arrangements entered into by
25 a member prior to the effective date of this rule, payments for
26 which will be made in accord with the rules in place on the day
27 before the effective date of this rule. The Chief Clerk is
28 authorized to enter into a master lease agreement with the
29 Department of General Services for the long-term lease of
30 automobiles.
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1 All disbursements made, debts incurred or advancements paid
2 from any appropriation account made to the House or to a member
3 or nonmember officer under a General Appropriation Act or any
4 other appropriation act shall be recorded in a monthly report
5 and filed with the Chief Clerk by the person authorized to make
6 such disbursement, incur any debt or receive any advancement on
7 a form prescribed by the Chief Clerk.
8 The Chief Clerk shall prescribe the form of all such reports
9 and make such forms available to those persons required to file
10 such reports. Such report form shall include:
11 (1) As to personnel:
12 (a) The name, home address, job title, brief description
13 of duties and where they are performed, department or member
14 or members to whom assigned, the name of immediate supervisor
15 and minimum hours of employment per week of each employee.
16 (b) The appropriation account from which such employee
17 is compensated, the amount of compensation and whether such
18 person is on salary, per diem or contract.
19 (2) As to all other expenditures:
20 (a) To whom it was paid, the amount thereof, and the
21 nature of the goods, services or other purpose for which the
22 expenditure was made.
23 (b) The appropriation account from which the expenditure
24 was made and the name or names of the person or persons
25 requesting and/or authorizing the same.
26 A copy of each such report shall also be filed with the
27 Special Committee on Internal Affairs and House Administration
28 for use in the performance of its duties under Rule 47(a).
29 The reporting requirements as to personnel may be fulfilled
30 by the maintenance in the Office of the Chief Clerk of the House
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1 of an alphabetized file containing the current information for
2 each employee as set forth above.
3 All monthly reports filed on disbursements made or debts
4 incurred by any officer or member or employee from
5 appropriations made to the House or to a member or nonmember
6 officer under any General Appropriation Act, and the
7 documentation for each disbursement, shall be public information
8 and shall be available for public inspection during regular
9 business hours in the office of the Chief Clerk. The Chief Clerk
10 shall prescribe reasonable rules and regulations for inspection
11 of such reports but in no case shall inspection be denied to any
12 person for a period exceeding 48 hours (excluding Saturdays and
13 Sundays) from the time a written request has been submitted to
14 the Chief Clerk. Photocopies of such reports shall be made
15 available upon request to a member at no charge or to the public
16 for a duplication fee as may be fixed by the Chief Clerk. Such
17 reports shall be made available to a member or to the public on
18 or before the last day of the month next succeeding the month in
19 which the report was filed.
20 All vouchers and requisitions relating to all expenditures,
21 expenses, disbursements and other obligations out of all
22 appropriated funds of the House, and the documentation
23 evidencing payment of the vouchers and requisitions, shall be
24 available for public inspection during regular business hours in
25 the office of the Chief Clerk or at such other location within
26 the Capitol as the Chief Clerk shall prescribe. Nothing in this
27 rule shall require release of any information deemed
28 confidential, including, but not limited to, a telephone number,
29 a credit card number and a Social Security number.
30 All requests to review payroll and independent contractor
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1 records of the House or any other vouchers or requisitions for
2 funds appropriated to the House shall be made to the Chief
3 Clerk, in writing, at least three working days prior to the date
4 on which the review is requested. The request shall be signed by
5 the party who will be making the review and it shall indicate
6 the name of the organization or entity employing such
7 individual. The Chief Clerk shall establish a time during normal
8 business hours for the review to occur and he shall provide that
9 the review shall not interfere with the necessary functioning of
10 the Chief Clerk's office.
11 All requests for reimbursement out of any appropriation shall
12 be accompanied by a voucher, or other documents where required,
13 evidencing payment or approval. The voucher form shall be
14 approved and supplied by the Chief Clerk. Receipts or
15 documentation of every expenditure or disbursement which is in
16 excess of the maximum amount as set forth herein shall be
17 attached to the voucher. Where a request for payment is made in
18 advance of an expense actually incurred, the Chief Clerk, before
19 making such advance payment shall require a description
20 satisfactory to the Chief Clerk of the item or service to be
21 purchased or the expense to be incurred, and a receipt or other
22 documentation shall be given to the Chief Clerk after the item
23 or service has been purchased or expense incurred as evidence
24 that such advancement was in fact expended for such purpose.
25 All reports, vouchers and receipts from which reports are
26 prepared and filed shall be retained by the Chief Clerk, officer
27 or member, as the case may be, for such period of time as may be
28 necessary to enable the Legislative Audit Advisory Commission
29 created pursuant to the act of June 30, 1970 (P.L.442, No.151),
30 entitled "An act implementing the provisions of Article VIII,
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1 section 10 of the Constitution of Pennsylvania, by designating
2 the Commonwealth officers who shall be charged with the function
3 of auditing the financial transactions after the occurrence
4 thereof of the Legislative and Judicial branches of the
5 government of the Commonwealth, establishing a Legislative Audit
6 Advisory Commission, and imposing certain powers and duties on
7 such commission," to conduct, through certified public
8 accountants appointed by it, annual audits to assure that such
9 disbursements made or debts incurred were in accordance with
10 Legislative Audit Advisory Commission guidelines and standards
11 as approved by the Committee on Rules, or for a minimum of three
12 years, whichever is longer. All annual audit reports shall be
13 available for public inspection. Photocopies of such reports
14 shall be available for a fee established by the Chief Clerk not
15 to exceed the cost of duplication.
16 [All] Except as specifically prohibited by law or limited by
17 this rule, all expenditures of funds appropriated to the House
18 or to a member or nonmember officer shall be subject to the
19 expenditure guidelines established by the Rules Committee. The
20 Rules Committee shall establish standards regarding
21 documentation evidencing payment out of any appropriations
22 account made to the House or to a member or nonmember officer.
23 RULE 14 (a)
24 Employee Payroll Information
25 In accordance with the act of January 10, 1968 (1967 P.L.925,
26 No.417), referred to as the Legislative Officers and Employes
27 Law, the Chief Clerk shall compile, annually, on or prior to the
28 first day of February of each year, a complete list of employees
29 of the House of Representatives. The list shall include the full
30 name, job title, work address and name of immediate supervisor
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1 of every employee of the House of Representatives and shall
2 include such information for every person employed for any
3 period of time during the preceding 12 months. In addition to
4 the information required under the Legislative Officers and
5 Employes Law, the list shall include the payroll wage
6 information for those House employees paid during the preceding
7 calendar year. The list shall be available for public inspection
8 in the Office of the Chief Clerk during regular business hours.
9 RULE 14 (b)
10 Electronic Availability of Reports
11 In addition to the other methods of availability under Rule
12 14, all expense reports shall be provided electronically by the
13 Chief Clerk upon request.
14 RULE 15
15 Time of Meeting
16 The House shall convene on the first legislative day of the
17 week at 1:00 P.M. prevailing time, unless otherwise ordered by a
18 roll call vote of the majority of those elected to the House.
19 On other days the House shall convene at the discretion of
20 the House. No session of the House may begin before 8:00 A.M.
21 nor end after 11:00 P.M. unless exigent circumstances exist, as
22 determined by an affirmative vote of three-fourths of the
23 members elected to the House, by a roll call vote.
24 RULE 16
25 Quorum
26 A majority of the members shall constitute a quorum, but a
27 smaller number may adjourn from day to day and compel the
28 attendance of absent members. (Constitution, Article II, Section
29 10).
30 When less than a quorum vote on any question, the Speaker
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1 shall forthwith order the doors of the House closed and the
2 names of the members present shall be recorded. If it is
3 ascertained a quorum is present, either by answering to their
4 names or by their presence in the House, the Speaker shall again
5 order the yeas and nays. If any member present refuses to vote,
6 [his] refusal shall be deemed a contempt. Unless purged, the
7 House may order the Sergeant-at-Arms to remove the member or
8 members without the bar of the House. All privileges of
9 membership shall be refused the member or members so offending
10 until the contempt is purged.
11 RULE 17
12 Order of Business
13 The daily order of business shall be:
14 (1) Prayer by the Chaplain.
15 (2) Pledge of Allegiance.
16 (3) Correction and approval of the Journal.
17 (4) Leaves of absence.
18 (5) Master Roll Call.
19 (6) Reports of Committee.
20 (7) First consideration bills.
21 (8) Second consideration bills.
22 (9) Third consideration bills, final passage bills
23 (including both third consideration and final passage
24 postponed bills) and resolutions.
25 (10) Final passage bills recalled from the Governor.
26 (11) Messages from the Senate and communications from the
27 Governor.
28 (12) Reference to appropriate committees of bills,
29 resolutions, petitions, memorials, remonstrances and
30 other papers.
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1 (13) Unfinished business on the Speaker's table.
2 (14) Announcements.
3 (15) Adjournment.
4 Any question may, by a majority vote of the members elected,
5 be made a special order of business. When the time arrives for
6 its consideration, the Speaker shall lay the special order of
7 business before the House.
8 In lieu of offering House Resolutions on topics of importance
9 to members, any member, without unanimous consent, may address
10 the House on such issue and have his or her remarks entered into
11 the record during a special period of time established each week
12 by the Speaker at the conclusion of House business on a specific
13 day.
14 RULE 18
15 Introduction and Printing of Bills
16 Bills shall be introduced in quadruplicate, signed and dated
17 by each member who is a sponsor of the bill, and filed with the
18 Chief Clerk on any day that the offices of the House of
19 Representatives are open for business. A sponsor may be added or
20 withdrawn upon written notice to the Speaker, Majority Leader,
21 Minority Leader and the prime sponsor. In the case of
22 withdrawals, the names shall be withdrawn if and when the bill
23 is reprinted. Additional sponsors may be added only by the prime
24 sponsor by providing written notice to the Speaker, Majority
25 Leader and Minority Leader.
26 Bills introduced when received at the Chief Clerk's desk
27 shall be numbered consecutively and delivered to the Speaker,
28 who shall refer each bill to an appropriate committee on any day
29 whether or not the House is in session. If the resolution
30 creating a select committee authorizes the referral of bills to
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1 that committee, the Speaker[, in his discretion,] may refer
2 bills, within the scope of the resolution, to such select
3 committee. Insofar as applicable, the select committee shall
4 consider and report bills in accordance with the rules governing
5 the consideration and reporting of bills by standing committees.
6 The Speaker shall report to the House the committees to which
7 bills have been referred, either on the day introduced or
8 received or on the next two legislative days the House is in
9 session, unless the House is in recess for more than four
10 consecutive days in which case the Speaker shall provide a list
11 to the Majority Leader and the Minority Leader, within two
12 calendar days, of all bills which were referred during such
13 period when the House was not in session.
14 If the Speaker neglects or refuses to refer to committee any
15 bill or bills (whether House or Senate) as above after
16 introduction or presentation by the Senate for concurrence, any
17 member may move for the reference of the bill to an appropriate
18 committee. If the motion is carried, said bill or bills shall be
19 immediately surrendered by the Speaker to the committee
20 designated in said motion.
21 The first copy of each bill introduced shall be for the
22 committee, the second copy shall be for the printer, the third
23 copy shall be for the news media and the fourth copy shall be
24 for the Legislative Reference Bureau.
25 Every bill, after introduction and reference to committee,
26 shall be printed and shall also be posted on the Internet with
27 the hyperlink to the web page for the members of the House of
28 Representatives.
29 Bills may not be withdrawn after reference to committee.
30 RULE 19
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1 Bills Referred to Committees
2 No bill shall be considered unless referred to a committee,
3 printed for the use of the members and returned therefrom.
4 (Constitution, Article III, Section 2).
5 RULE 19 (a)
6 Fiscal Notes
7 (1) No bill, except a General Appropriation bill or any
8 amendments thereto, which may require an expenditure of
9 Commonwealth funds or funds of any political subdivision or
10 which may entail a loss of revenues overall, or to any
11 separately established fund shall be given [second] third
12 consideration reading on the calendar until it has first been
13 referred to the Appropriations Committee for a fiscal note,
14 provided however that the Rules Committee may by an affirmative
15 vote of three-quarters of the entire membership to which such
16 committee is entitled:
17 (a) Waive the recommittal to the Appropriations
18 Committee and provide that the fiscal note be attached to the
19 bill while on the active calendar. The providing of such note
20 shall be a priority item for the Appropriations Committee; or
21 (b) Waive the necessity of a fiscal note on any bill
22 which it deems to have a de minimis fiscal impact or which
23 merely authorizes, rather than mandates, an increase in
24 expenditures or an action that would result in a loss of
25 revenue.
26 (2) Nothing herein shall preclude any member from moving, at
27 the proper time, the recommittal of any bill to the
28 Appropriations Committee for a fiscal note.
29 (3) The Appropriations Committee shall be limited in its
30 consideration of any such bill to the fiscal aspects of the bill
20070H0108R0716 - 21 -
1 and shall not consider the substantive merits of the bill nor
2 refuse to report any such bill from committee for reasons other
3 than fiscal aspects. The fiscal note shall accompany the bill
4 and provide the following information in connection with the
5 Commonwealth and its political subdivisions:
6 (a) The designation of the fund out of which the
7 appropriation providing for expenditures under the bill shall
8 be made;
9 (b) The probable cost of the bill for the fiscal year of
10 its enactment;
11 (c) A projected cost estimate of the program for each of
12 the five succeeding fiscal years;
13 (d) The fiscal history of the program for which
14 expenditures are to be made;
15 (e) The probable loss of revenue from the bill for the
16 fiscal year of its enactment;
17 (f) A projected loss of revenue estimate from the bill
18 for each of the five succeeding fiscal years;
19 (g) The line item, if any, of the General [Appropriation
20 Bill] Fund, special fund or other account out of which
21 expenditures or losses of Commonwealth funds shall occur as a
22 result of the bill;
23 (h) The recommendation, if any, of the Appropriations
24 Committee and the reasons therefor relative to the passage or
25 defeat of the bill; and
26 (i) A reference to the source of the data from which the
27 foregoing fiscal information was obtained, and an explanation
28 of the basis upon which it is computed.
29 (4) No bill which may result in an increase in the
30 expenditure of Commonwealth funds shall be given [second] third
20070H0108R0716 - 22 -
1 consideration reading on the calendar until the Appropriations
2 Committee has certified that provision has been made to
3 appropriate funds equal to such increased expenditure. Whenever
4 the Appropriations Committee cannot so certify, the bill shall
5 be returned to the committee from which it was last reported for
6 further consideration and/or amendment.
7 (5) No amendment to a bill, concurrences in Senate
8 amendments, or adoption of a conference report which may result
9 in an increase in the expenditure of Commonwealth funds or those
10 of a political subdivision or which may entail a loss of
11 revenues in addition to that originally provided for in the bill
12 prior to the proposed changes nor any bill requiring a fiscal
13 note for which re-referral to the Appropriations Committee has
14 been waived by the Rules Committee shall be voted upon until a
15 fiscal note is available for distribution to the members with
16 respect to such changes or to such bill showing the fiscal
17 effect of the changes with respect to the bill, and containing
18 the information set forth by subsection (3) of this rule.
19 [(5.1) All requests for fiscal notes on amendments must be
20 submitted to the Appropriations Committee by 2:00 P.M. of the
21 last legislative day preceding the scheduled vote. The amendment
22 must accompany the request for a fiscal note. If the fiscal note
23 request cannot be submitted in accordance with this subsection
24 because the amendment is still being prepared by the Legislative
25 Reference Bureau, the member must, by the deadline set forth in
26 this subsection, provide the Appropriations Committee with a
27 statement prepared by the member which contains the factual
28 content of the amendment and which meets the requirements of
29 Rule 21. A fiscal note on an amendment shall not be issued
30 unless the printed amendment has been submitted by the member to
20070H0108R0716 - 23 -
1 the Appropriations Committee for its review.]
2 (6) When an amendment or certificate is timely filed with
3 the amendment clerk under Rule 21, the amendment or certificate
4 shall be forwarded to the Appropriations Committee. Upon receipt
5 of an amendment, the Appropriations Committee shall
6 automatically prepare a fiscal note.
7 [(6)] (7) In obtaining the information required by these
8 rules, the Appropriations Committee may utilize the services of
9 the Office of the Budget and any other State agency as may be
10 necessary.
11 [(7)] (8) Any bill proposing any change relative to the
12 retirement system of the Commonwealth or any political
13 subdivision thereof, funded in whole or in part out of the
14 public funds of the Commonwealth or any political subdivision,
15 shall have attached to it an actuarial note. Except for the
16 provisions pertaining to the content of fiscal notes as set
17 forth in paragraphs (a) through (i) of subsection (3), all the
18 provisions pertaining to and procedures required of bills
19 containing fiscal notes, shall, where applicable, also be
20 required for bills containing actuarial note. The actuarial note
21 shall contain a brief explanatory statement or note which shall
22 include a reliable estimate of the financial and actuarial
23 effect of the proposed change in any such retirement system.
24 RULE 19 (b)
25 General Appropriation Bill and Non-Preferred Bills
26 This rule shall apply to all amendments offered to the
27 General Appropriation Bill for each proposed fiscal year
28 including any amendments offered to or for supplemental
29 appropriations to prior fiscal years contained within the
30 General Appropriation Bill, and shall also apply to all
20070H0108R0716 - 24 -
1 amendments offered to any non-preferred appropriation bill for
2 the same fiscal year.
3 Any amendment offered on the floor of the House to the
4 General Appropriation Bill that proposes to increase spending of
5 State dollars for the Commonwealth's proposed fiscal year or
6 prior fiscal years above the levels contained in the General
7 Appropriation Bill as reported from the Appropriations Committee
8 plus any aggregate if certified each year by the Appropriations
9 Committee shall not be in order and may not be considered unless
10 the same amendment contains sufficient reductions in line items
11 of that General Appropriation Bill so that the amendment offered
12 does not result in a net increase in the total proposed spending
13 contained within the General Appropriation Bill plus any
14 aggregate if certified by the Appropriations Committee.
15 Any amendment offered on the floor of the House to any non-
16 preferred appropriation bill that proposes to increase spending
17 of State dollars for the current fiscal year above the levels
18 contained in that non-preferred appropriation bill as reported
19 from the Appropriations Committee shall not be in order and may
20 not be considered unless the same amendment contains sufficient
21 reductions in that non-preferred appropriation bill so that the
22 amendment offered does not result in a net increase in the total
23 proposed spending contained within that non-preferred
24 appropriation bill.
25 In order to be considered, amendments to the General
26 Appropriation Bill must be submitted to the Office of the Chief
27 Clerk by 2:00 P.M. of the Monday of the week prior to the
28 scheduled vote of the General Appropriation Bill. The
29 Appropriations Committee for special and proper reason and by
30 majority vote, may waive this deadline. Members shall be
20070H0108R0716 - 25 -
1 notified of the scheduled vote on the General Appropriation Bill
2 no later than 4:30 P.M. of the Wednesday preceding the above
3 noted Monday on which the amendments must be filed to the Bill.
4 Rule 21 of the Rules of the House, insofar as it applies to the
5 filing deadline for amendments and notice requirements for the
6 voting schedule for the General Appropriation Bill, shall not
7 apply to this rule. Rule 21 shall, however, apply to the non-
8 preferred appropriation bills.
9 If the amendment cannot be submitted in accordance with the
10 provision of the previous paragraph because it is still being
11 prepared by the Legislative Reference Bureau, the member must,
12 by 2:00 P.M. on the Monday of the week prior to the scheduled
13 vote, provide the Office of the Chief Clerk with a statement,
14 prepared by the member containing the factual content and exact
15 amounts of increases and decreases in line items which would be
16 proposed in the amendment, along with certification from the
17 Legislative Reference Bureau that the amendment was submitted to
18 the Legislative Reference Bureau prior to 2:00 P.M. on the
19 aforementioned Monday. This filing deadline does not apply to
20 amendments to any non-preferred appropriation bill.
21 Debate on any debatable question related to the General
22 Appropriation Bill or a nonpreferred appropriation bill shall be
23 limited to five minutes each time a member is recognized. On the
24 bill a sponsor of an amendment shall be entitled to be
25 recognized twice, a maker of a debatable motion shall be
26 entitled to be recognized twice, any other members shall be
27 entitled to be recognized once.
28 This rule may be temporarily suspended only by two-thirds
29 vote of the members elected to the House by a roll call vote.
30 RULE 20
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1 Bills Confined to One Subject
2 No bill shall be passed containing more than one subject,
3 which shall be clearly expressed in its title, except a general
4 appropriation bill or a bill codifying or compiling the law or a
5 part thereof. (Constitution, Article III, Section 3).
6 RULE 21
7 Consideration of Bills
8 (a) Every bill and every joint resolution shall be
9 considered on three different days. All amendments made thereto
10 shall be printed for the use of the members before the final
11 vote is taken thereon, and before the final vote is taken, upon
12 written request addressed to the presiding officer by at least
13 25% of the members elected to the House, any bill shall be read
14 at length. No bill shall become law and no joint resolution
15 adopted unless, on its final passage, the vote is taken by yeas
16 and nays, the names of the persons voting for and against it are
17 entered on the Journal, and a majority of the members elected to
18 the House is recorded thereon as voting in its favor.
19 (Constitution, Article III, Section 4).
20 (b) Members shall be notified of bills and resolutions
21 scheduled to be voted no later than prior to the close of
22 business at 4:30 P.M. of the second legislative day prior to the
23 [scheduled vote on final passage] date of second consideration
24 and prior to the date of third consideration for legislation
25 that has no legal deadline. (The General Appropriation Act and
26 non-preferred bills are included within the definition of
27 legislation that has no legal deadline.) [All] Except as
28 provided in subsection (d), all amendments shall be submitted to
29 the Office of the Chief Clerk by 2:00 P.M. of the last
30 legislative day preceding the scheduled [vote.] date of
20070H0108R0716 - 27 -
1 consideration. A change in the printer's number as a result of
2 third consideration shall not require an additional notice of
3 final passage. No vote on final passage can occur before the
4 date of the scheduled vote.
5 (c) If the amendment cannot be submitted in accordance with
6 the above paragraph because it is still being prepared by the
7 Legislative Reference Bureau, the member must provide the Office
8 of the Chief Clerk with a statement, by the above-noted 2:00
9 P.M. deadline, prepared by the member containing the factual
10 content of said amendment along with certification from the
11 Legislative Reference Bureau that the amendment was submitted to
12 the Legislative Reference Bureau for drafting prior to the
13 above-noted 2:00 P.M. deadline.
14 (d) In cases where an amendment alters a bill so as to
15 effectively rule out of order an amendment which was timely
16 filed pursuant to the provisions of this rule, a replacement
17 amendment may be submitted to the Office of the Chief Clerk
18 provided that the subject matter of the replacement amendment is
19 not substantially different from the intent of the original
20 amendment. The replacement amendment shall be deemed to have met
21 the timely filed conditions provided for in this rule. The
22 member shall notify the Speaker of the member's intent to file a
23 replacement amendment and shall file a certificate with the
24 Office of the Chief Clerk. The bill in question shall not
25 receive consideration until the replacement amendment is
26 available.
27 (e) Members shall be notified no later than [one hour] 24
28 hours prior to the consideration of all bills on concurrence[,
29 unless the concurrence is the General Appropriation Bill, in
30 which case at least 24 hours' notice shall be provided]. A brief
20070H0108R0716 - 28 -
1 description of every bill on concurrence shall be given prior to
2 a vote. Additionally, members shall be notified and conference
3 committee reports shall be available to members at least 24
4 hours prior to the adoption of all conference committee reports.
5 When these reports are considered on the first legislative day
6 of the week, said notice shall be provided no later than the
7 close of business on the last business day preceding the vote.
8 RULE 22
9 First Consideration Bills
10 Bills reported from committees shall be considered for the
11 first time when reported and shall then be automatically removed
12 from the calendar and laid on the table, except House bills
13 reported from committees after the first Monday in June until
14 the first Monday in September which shall then be automatically
15 recommitted to the Committee on Rules. The Rules Committee shall
16 not in any instance have the power to amend a bill which has
17 been reported by another committee.
18 After the first Monday in September, any bill which was
19 automatically recommitted to the Committee on Rules pursuant to
20 this Rule 22 shall automatically be re-reported to the floor of
21 the House and laid on the table.
22 [The Rules Committee shall not in any instance have the power
23 to amend a bill that has already gone through another
24 committee.]
25 Any bill which was automatically laid on the table pursuant
26 to this Rule 22 and has remained on the table for 15 legislative
27 days shall automatically be removed from the table and returned
28 to the calendar for second consideration the next legislative
29 day.
30 Any bill which was automatically laid on the table pursuant
20070H0108R0716 - 29 -
1 to this Rule 22 may be removed from the table by motion of the
2 Majority Leader, or [his] a designee, acting on a report of the
3 Committee on Rules. Such report shall be in writing and a copy
4 thereof distributed to each member. Any bill so removed from the
5 table shall be placed on the second consideration calendar on
6 the legislative day following such removal. Nothing herein shall
7 affect the right of any member to make a motion to remove a bill
8 from the table.
9 Amendments shall not be proposed, nor is any other motion in
10 order on first consideration.
11 Bills shall not be considered beyond first consideration
12 until the latest print thereof is on the desks of the members.
13 Any noncontroversial bill, which is defined as any bill,
14 other than an appropriations bill, approved by a committee with
15 no negative votes or abstentions, and with the approval of the
16 Majority Leader and the Minority Leader, shall be placed on an
17 uncontested calendar. Bills on the uncontested calendar shall be
18 voted upon by a single roll-call vote. Each bill listed on the
19 uncontested calendar will be printed separately in the journal
20 with the vote recorded on the approval of the uncontested
21 calendar as the vote on final passage of each bill contained
22 therein.
23 If any member should object to the placement of a bill on the
24 uncontested calendar, the bill shall be automatically removed
25 from the uncontested calendar and placed on the regular calendar
26 the next legislative day.
27 RULE 23
28 Second Consideration Bills
29 Bills on second consideration shall be considered in their
30 calendar order and shall be subject to amendment.
20070H0108R0716 - 30 -
1 No House bill on second consideration shall be considered
2 until called up by a member.
3 RULE 24
4 Third Consideration and Final Passage Bills
5 Bills on third consideration [and final passage] shall be
6 considered in their calendar order and shall be subject to
7 amendment.
8 [A bill on third consideration may be amended.
9 After a bill is agreed to on third consideration, prior to
10 voting, if the bill has not been caucused upon by both caucuses
11 or if the bill is not available on the Legislative Data
12 Processing floor system, the title or a brief analysis of the
13 bill shall be read.
14 The] A bill having received consideration by the House on
15 three different days and having been agreed to may be called by
16 the Speaker to receive action on final passage; however, a bill
17 amended on third consideration may not receive action on final
18 passage until at least 24 hours have elapsed from the time the
19 bill was amended. Upon being called to receive action on final
20 passage, the title and a brief description of a bill shall be
21 read. A bill on final passage shall not be subject to amendment,
22 but shall be subject to debate. At the conclusion of debate, the
23 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
28 yeas and nays will now be taken."
29 When more than one bill shall be [considered] called for
30 action on final passage at the same time, prior to voting, [if
20070H0108R0716 - 31 -
1 the bill has not been caucused upon by both caucuses or if the
2 bill is not available on the Legislative Data Processing floor
3 system,] the title or a brief analysis of [the] each bill shall
4 be read.
5 The Speaker shall then state the question as follows:
6 "These bills have been considered on three different days
7 and agreed to and are now on final passage.["
8 "]The question is, shall the bills on the uncontested
9 calendar pass finally?["
10 "]Agreeable to the provision of the Constitution, the
11 yeas and nays will now be taken."
12 RULE 25
13 Defeated Bills
14 When a bill or resolution has been defeated by the House, it
15 shall not be reintroduced, or, except as provided in Rule 26, be
16 reconsidered, nor shall it be in order to consider a similar
17 one, or to act on a Senate bill or resolution of like import,
18 during the same session.
19 RULE 26
20 Reconsideration
21 A motion to reconsider the vote by which a bill, resolution
22 or other matter was passed or defeated shall be made in writing
23 by two members. The motion shall be in order only under the
24 order of business in which the vote proposed to be reconsidered
25 occurred and shall be decided on a roll-call vote by a majority
26 vote. No motion to reconsider shall be in order when the bill,
27 resolution or other matter is no longer in the possession of or
28 is not properly before the House.
29 A motion to reconsider any such vote must be made on the same
30 day on which the initial vote was taken or within the succeeding
20070H0108R0716 - 32 -
1 five days in which the House is in session, provided such bill,
2 resolution or other matter is still in the possession of or is
3 properly before the House.
4 When a motion to reconsider any such vote is made within the
5 aforesaid time limits and is decided by the affirmative vote
6 prescribed herein, the question immediately recurs on the bill,
7 resolution or other matter reconsidered.
8 Where a bill, resolution or other matter has been initially
9 defeated and a motion to reconsider is not timely made, then
10 such bill, resolution or other matter shall carry the status of
11 "defeated finally" and not properly before the House. Therefore,
12 it shall not be in order to entertain a motion to reconsider any
13 such vote.
14 Where a timely made motion to reconsider is lost, it shall
15 not be in order to again entertain a motion to reconsider any
16 such vote, even though such second motion to reconsider is
17 timely made.
18 Where a bill, resolution, or other matter has been initially
19 defeated, and a timely made motion to reconsider the vote is
20 lost, or if no motion to reconsider the vote was timely made,
21 then it shall not be in order for the House thereafter to
22 receive or consider a new bill, resolution or other matter
23 embracing therein a subject or purpose basically identical to or
24 of similar import to the subject matter or purpose of the bill,
25 resolution or matter initially defeated.
26 The vote on a bill or resolution recalled from the Governor
27 may be reconsidered at any time after the bill or resolution has
28 been returned to the House.
29 No bill, resolution or other matter may be reconsidered more
30 than twice on the same legislative day.
20070H0108R0716 - 33 -
1 RULE 27
2 Amendments
3 No bill shall be amended so as to change its original
4 purpose. (Constitution, Article III, Section 1).
5 No motion or proposition on a subject different from that
6 under consideration shall be admitted under color of amendment.
7 Any member may move to amend a bill or resolution, provided
8 the proposed amendment is germane to the subject. Questions
9 involving whether an amendment is germane to the subject shall
10 be decided by the House.
11 No amendment to an amendment shall be admitted nor
12 considered.
13 [If an amendment is not filed in a timely manner pursuant to
14 the provisions of House Rule 21, then the sponsor of the] The
15 sponsor of an amendment shall explain the amendment prior to
16 consideration by the House.
17 Before consideration, nine typewritten copies of a proposed
18 amendment signed by its sponsor shall be presented to the
19 Speaker, one copy of which shall be delivered to the news media
20 and a printed copy in typewritten form prepared by the
21 Legislative Reference Bureau shall be placed on the desk of each
22 member if the amendment is not available on the Legislative Data
23 Processing floor system.
24 Amendments adopted or defeated may not be considered again
25 without first reconsidering the vote.
26 RULE 28
27 Bills Amending Existing Law
28 Bills amending existing law shall indicate present language
29 to be omitted by placing it within brackets and new language to
30 be inserted by underscoring. (Constitution, Article III, Section
20070H0108R0716 - 34 -
1 6).
2 RULE 29
3 Form for Printing Amendments
4 In printing amendments to bills and resolutions, all new
5 matter added shall be in CAPITAL LETTERS, and matter to be
6 eliminated shall be indicated by strike-out type.
7 In reprinting House bills previously amended by the House and
8 in reprinting Senate bills previously amended by the Senate, but
9 not in Senate bills previously amended by the House, all matters
10 appearing in strike-out type shall be dropped from the new print
11 and all matter appearing in CAPITAL LETTERS shall be reset in
12 lower case Roman type.
13 RULE 30
14 Bills Amended by the Senate
15 When a bill or joint resolution has been amended by the
16 Senate and returned to the House for concurrence, it shall be
17 referred automatically to the Committee on Rules immediately
18 upon the reading of the message from the Senate by the Clerk.
19 The Committee on Rules [may] shall not have the power to amend
20 any bill or joint resolution containing Senate amendments[.],
21 except that the Committee on Rules, by a majority vote of the
22 members appointed to the committee, may revert to the printer's
23 number of the bill or joint resolution which last passed the
24 House.
25 When said bill or resolution has been favorably reported by
26 the Committee on Rules, either as committed or as [amended] last
27 passed the House, said bill or joint resolution shall be placed
28 on the calendar [and copies thereof shall be placed on the desks
29 of the members]. When acting on bills or joint resolutions
30 amended by the Senate, the bill and the amendments, if any shall
20070H0108R0716 - 35 -
1 be read and the question put on the concurrence in the
2 amendments.
3 Any two members may object to the report of any bill or joint
4 resolution included in a report of the Committee on Rules on the
5 basis that the adoption of an amendment to the bill or joint
6 resolution exceeded the limitation upon the power of the
7 Committee on Rules to amend bills and joint resolutions amended
8 by the Senate. The objection must be raised prior to the bill or
9 joint resolution being put to a roll call vote. The question
10 shall be decided by a majority vote of the members elected to
11 the House. If the House rejects the report of any such bill or
12 joint resolution, the bill or joint resolution shall be deemed
13 reported from the Committee on Rules as committed and shall be
14 placed on the calendar.
15 The House shall not consider any proposed amendment to any
16 amendment made by the Senate to a bill or joint resolution, nor
17 consider any amendment to any amendment made by the Committee on
18 Rules.
19 A majority vote of the members elected to the House taken by
20 yeas and nays shall be required to concur in amendments made by
21 the Senate, except for appropriations to charitable and
22 educational institutions not under the absolute control of the
23 Commonwealth, where a vote of two-thirds of all the members
24 elected to the House shall be required to concur. (Constitution,
25 Article III, Sections 5 and 30).
26 RULE 31
27 Bills Vetoed by the Governor
28 When the Governor has returned a bill to the House with [his]
29 objections, the veto message shall be read and the House shall
30 proceed to reconsider it. (Constitution, Article IV, Section
20070H0108R0716 - 36 -
1 15).
2 RULE 32
3 Hospital and Home Appropriations or
4 Acquiring Lands of the Commonwealth
5 No bills appropriating moneys to State-aided hospitals or
6 State-aided homes shall be introduced in the House, except such
7 as appropriate in single bills the total sum to be appropriated
8 to all of the institutions within the same class or group.
9 Requests for appropriations for particular State-aided hospitals
10 or State-aided homes shall be filed with the [Chairman] Chair of
11 the Committee on Appropriations on forms to be furnished by the
12 said Committee on Appropriations, and shall be signed by the
13 member requesting the appropriation.
14 No bill granting or conveying Commonwealth lands or taking
15 title thereto shall be reported by any committee to the House
16 unless there has been filed with the Chief Clerk and the
17 [chairman] chair of the reporting committee a memorandum from
18 the Department of General Services indicating the use to which
19 the property is presently employed, the full consideration for
20 the transfer, if any, a departmental appraisal of the property,
21 including its valuation and a list of recorded liens and
22 encumbrances, if any, the use to which the property will be
23 employed upon its transfer, the date by which the land is needed
24 for its new use, and the legislative district or districts in
25 which the land is located. The memorandum shall contain a
26 statement by a responsible person in the Department of General
27 Services indicating whether or not the administration favors the
28 transfer which is the subject of the bill under consideration.
29 RULE 33
30 Special Legislation
20070H0108R0716 - 37 -
1 No local or special bill shall be passed by the House unless
2 notice of the intention to apply therefor has been published in
3 the locality where the matter or the thing to be affected may be
4 situated, which notice shall be at least 30 days prior to the
5 introduction into the General Assembly of such bill and in the
6 manner provided by law; the evidence of such notice having been
7 published shall be exhibited in the General Assembly before the
8 act shall be passed. (Constitution, Article III, Section 7).
9 No local or special bill shall be considered in violation of
10 Article III, Section 32, of the Constitution.
11 RULE 34
12 Nonpreferred Appropriations
13 No bill shall be passed appropriating money to any charitable
14 or educational institution not under absolute control of the
15 Commonwealth, except by a vote of two-thirds of all members
16 elected. (Constitution, Article III, Section 17).
17 RULE 35
18 House and Concurrent Resolutions
19 Members introducing resolutions other than concurrent
20 resolutions shall file five copies thereof; seven copies of
21 concurrent resolutions shall be filed. All resolutions shall be
22 signed by their sponsors, dated and filed with the Chief Clerk.
23 After being numbered, one copy of all resolutions shall be given
24 to the news media and all other copies delivered to the Speaker.
25 A sponsor may not be added or withdrawn after a resolution has
26 been printed. Resolutions may not be withdrawn after reference
27 to a committee.
28 Unless privileged under Rule 36 for immediate consideration
29 or deemed noncontroversial by the Speaker in consultation with
30 the Majority Leader and the Minority Leader, the Speaker shall
20070H0108R0716 - 38 -
1 refer House resolutions (except discharge resolutions) and
2 Senate resolutions presented to the House for concurrence to
3 appropriate committees.
4 House resolutions deemed noncontroversial by the Speaker,
5 including, but not limited to, condolence and congratulatory
6 resolutions, shall be considered under the proper order of
7 business on the same day as introduced or within two legislative
8 days thereafter without being referred to committee.
9 The Speaker shall report to the House the committees to which
10 resolutions have been referred, either on the day introduced or
11 received or the next two legislative days the House is in
12 session.
13 A resolution introduced in the House and referred to
14 committee shall be printed and placed in the House files.
15 When a resolution (House or Senate) is reported from
16 committee, it shall be placed on the calendar and may be called
17 up by a member for consideration by the House under the order of
18 business of resolutions. A House resolution other than a
19 concurrent or joint resolution shall be adopted by a majority of
20 the members voting.
21 RULE 36
22 Privileged Resolutions
23 Resolutions privileged for the immediate consideration of the
24 House are those:
25 (1) Recalling from or returning bills to the Governor.
26 (2) Recalling from or returning bills to the Senate.
27 (3) Originated by the Committee on Rules.
28 (4) Providing for a Joint Session of the Senate and House
29 and its procedure.
30 (5) Placing bills negatived by committees on the calendar.
20070H0108R0716 - 39 -
1 (6) Adjournment or recess.
2 RULE 37
3 Legislative Citation
4 A member making a request that a Legislative Citation be
5 issued to a particular person or on a specified occasion shall
6 provide the Legislative Reference Bureau with the facts
7 necessary for the preparation of the citation on a suitable
8 form.
9 The citation request shall be filed with the Chief Clerk and
10 automatically referred to the Speaker who may approve and sign
11 such citation on behalf of the House of Representatives.
12 One original citation shall be issued by the Chief Clerk.
13 RULE 38
14 Sine Die and Final Introduction of Bills
15 Resolutions fixing the time for adjournment of the General
16 Assembly sine die and the last day for introduction of bills in
17 the House shall be referred to the Committee on Rules before
18 consideration by the House.
19 During the period of time between a general election and the
20 adjournment of the House of Representatives sine die, Rule 77
21 may not be invoked to suspend Rule 21 or any part of this rule.
22 RULE 39
23 Petitions, Remonstrances and Memorials
24 Petitions, remonstrances, memorials and other papers
25 presented by a member shall be signed, dated and filed with the
26 Chief Clerk to be [by him] handed to the Speaker for reference
27 to appropriate committees.
28 The Speaker shall report to the House the committees to which
29 petitions, remonstrances, memorials and other papers have been
30 referred, not later than the next day the House is in session
20070H0108R0716 - 40 -
1 following the day of filing.
2 RULE 40
3 Messages
4 Messages from the Senate and communications from the Governor
5 shall be received and read in the House within one legislative
6 day thereafter.
7 All House and Senate bills shall be delivered to the Senate
8 with appropriate messages no later than the close of the next
9 legislative day of the Senate which follows the fifth
10 legislative day after which the House acted on such bill.
11 All House bills returned by the Senate after final passage
12 therein without amendment, and all conference committee reports
13 on House bills received from the Senate and adopted by the
14 House, shall be signed by the Speaker within one legislative day
15 after receipt or adoption, respectively, and shall be delivered
16 to the Senate before the close of the next legislative day of
17 the Senate.
18 All House bills and all conference committee reports on House
19 bills signed by the Speaker shall be delivered to the Governor
20 within 24 hours after return from the Senate with the signature
21 of the appropriate Senate officer.
22 RULE 41
23 Kind and Rank of Committee
24 The Committees of the House shall be of four kinds and rank
25 in the order named:
26 (1) Committee of the Whole House.
27 (2) Standing Committees.
28 (3) Select Committees.
29 (4) Conference Committees.
30 RULE 42
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1 Committee of the Whole
2 The House may resolve itself into a Committee of the Whole at
3 any time on the motion of a member adopted by a majority vote of
4 the House.
5 In forming the Committee of the Whole, the Speaker shall
6 leave the chair, after appointing a [Chairman] Chair to preside.
7 The rules of the House shall be observed in the Committee of
8 the Whole as far as applicable, except that a member may speak
9 more than once on the same question.
10 A motion to adjourn, to lay on the table, or for the previous
11 question cannot be put in the Committee of the Whole; but a
12 motion to limit or close debate is permissible.
13 A motion that the Committee of the Whole "do now rise and
14 report back to the House," shall always be in order, and shall
15 be decided without debate.
16 Amendments made in the Committee of the Whole shall not be
17 read when the Speaker resumes the Chair, unless so ordered by
18 the House.
19 RULE 43
20 Standing Committees and Subcommittees
21 The Committee on Committees shall consist of the Speaker and
22 15 members of the House, ten of whom shall be members of the
23 majority party and five of whom shall be members of the minority
24 party, whose duty shall be to recommend to the House the names
25 of members who are to serve on the standing committees of the
26 House. Except for the Speaker, the Majority and Minority
27 Leaders, Whips, Caucus [Chairmen] Chairs, Caucus Secretaries,
28 Caucus Administrators, Policy [Chairmen] Chairs and the
29 [chairmen] chairs and minority [chairmen] chairs of standing
30 committees, each member shall be entitled to serve on not less
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1 than two standing committees.
2 The Speaker shall appoint the [chairman] chair and [vice-
3 chairman] vice-chair of each standing committee when such
4 standing committee has no standing subcommittees as prescribed
5 herein, except the Committee on Appropriations which shall also
6 have a [vice-chairman] vice-chair appointed by the Speaker; when
7 the standing committee has standing subcommittees, the Speaker
8 shall appoint a subcommittee [chairman] chair for each standing
9 subcommittee. The Speaker shall appoint a secretary for each
10 standing committee. The Minority Leader shall appoint the
11 minority [chairman] chair, minority [vice-chairman] vice-chair
12 and minority secretary of each standing committee and the
13 minority subcommittee [chairman] chair for each standing
14 subcommittee.
15 Except for members who decline [a chairmanship] chair status
16 or minority [chairmanship] chair status in writing or who are
17 barred from serving as a [chairman] chair or minority [chairman]
18 chair under this rule, the [chairmanship] chair and minority
19 [chairmanship] chair of each standing committee except the
20 Appropriations Committee shall be limited only to the members of
21 the applicable caucus with the most seniority as members of
22 their respective caucus. Whenever there are more caucus members
23 with equal seniority than available [chairmanships] chairs or
24 minority [chairmanships] chairs for that caucus, the selection
25 of a [chairman] chair or minority [chairman] chair from among
26 such caucus members shall be in the discretion of the appointing
27 authority. The appointing authority may designate the standing
28 committee to which [he] the appointing authority shall appoint a
29 member as [chairman] chair or minority [chairman] chair without
30 regard to seniority. The Speaker and the Floor Leader, Whip,
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1 Caucus [Chairman] Chair, Caucus Secretary, Caucus Administrator
2 and Policy [Chairman] Chair of the majority party and minority
3 party shall not be eligible to serve as [chairman] chair or
4 minority [chairman] chair of any standing committee and no
5 member may serve as [chairman] chair or minority [chairman]
6 chair of more than one standing committee.
7 Any [chairmanship] chair or minority [chairmanship] chair
8 held by a member who fails to meet the requirements of this rule
9 shall become vacant by automatic operation of this rule. If the
10 appointing authority fails to make an appointment of a
11 [chairman] chair or minority [chairman] chair prior to the
12 organizational meeting of a standing committee or fails to fill
13 a vacancy within seven calendar days after it occurs, such
14 position shall be deemed to remain vacant in violation of this
15 rule. Whenever a [chairmanship] chair or minority [chairmanship]
16 chair becomes vacant or remains vacant in violation of this
17 rule, the member of the applicable caucus who meets the
18 requirements of this rule shall automatically fill the vacancy
19 and, if there are two or more such eligible caucus members for
20 any such vacancy or vacancies, they shall be filled from among
21 such eligible members through a lottery to be conducted under
22 the supervision of the Chief Clerk after giving notice of the
23 time and place thereof to all eligible members, to the Speaker,
24 to the Majority Leader and to the Minority Leader.
25 Nothing in this rule shall prohibit the appointing authority
26 from transferring a member from the [chairmanship] chair or
27 minority [chairmanship] chair of a standing committee to the
28 [chairmanship] chair or minority [chairmanship] chair of another
29 standing committee.
30 Whenever the appointment of a [chairman] chair or minority
20070H0108R0716 - 44 -
1 [chairman] chair will cause the applicable caucus to exceed its
2 permissible allocation of members on a standing committee, the
3 appointing authority shall make a temporary transfer of an
4 eligible committee member to the standing committee vacated by
5 the member appointed as [chairman] chair or minority [chairman]
6 chair until a regular committee appointment can be made in
7 accordance with the rules of the House. If the Speaker or
8 Minority Leader fails to make a temporary transfer within seven
9 calendar days after such appointment, the committee member with
10 the least seniority, who is eligible for transfer, shall be
11 automatically transferred to the committee vacated by the newly
12 appointed [chairman] chair or minority [chairman] chair and, if
13 more than one committee member is eligible for such transfer,
14 the transfer shall be implemented through a lottery conducted
15 under the supervision of the Chief Clerk.
16 The Speaker of the House, Floor Leader of the majority party
17 and the Floor Leader of the minority party shall be ex-officio
18 members of all standing committees, without the right to vote
19 and they shall be excluded from any limitation as to the number
20 of members on the committees or in counting a quorum.
21 Twenty-four standing committees of the House, each to consist
22 of 29 members except the Committee on Appropriations, which
23 shall consist of 35 members, are hereby created. In addition,
24 there are hereby created 43 standing subcommittees.
25 All standing committees shall consist of 16 members of the
26 majority party and 13 members of the minority party, except the
27 Committee on Appropriations which shall consist of 21 members of
28 the majority party and 14 members of the minority party. The
29 quorum for each of the standing committees and subcommittees
30 shall be no less than the majority of said committees. The
20070H0108R0716 - 45 -
1 following are the standing committees and subcommittees thereof:
2 (1) Aging and Older Adult Services
3 (a) Subcommittee on Care and Services
4 (b) Subcommittee on Programs and Benefits
5 (2) Agriculture and Rural Affairs
6 (3) Appropriations
7 (a) Subcommittee on Health and Welfare
8 (b) Subcommittee on Education
9 (c) Subcommittee on Economic Impact and Infrastructure
10 (d) Subcommittee on Fiscal Policy
11 (4) Children and Youth
12 (5) Commerce
13 (a) Subcommittee on Financial Services and Banking
14 (b) Subcommittee on Housing
15 (c) Subcommittee on Economic Development
16 (6) Consumer Affairs
17 (a) Subcommittee on Public Utilities
18 (b) Subcommittee on Telecommunications
19 (7) Education
20 (a) Subcommittee on Basic Education
21 (b) Subcommittee on Higher Education
22 (c) Subcommittee on Special Education
23 (8) Environmental Resources and Energy
24 (a) Subcommittee on Energy
25 (b) Subcommittee on Mining
26 (c) Subcommittee on Parks and Forests
27 (9) Finance
28 (10) Game and Fisheries
29 [(10.1)] (11) Gaming Oversight
30 [(11)] (12) Health and Human Services
20070H0108R0716 - 46 -
1 (a) Subcommittee on Health
2 (b) Subcommittee on Human Services
3 (c) Subcommittee on Drugs and Alcohol
4 [(12)] (13) Insurance
5 [(13)] (14) Judiciary
6 (a) Subcommittee on Crime and Corrections
7 (b) Subcommittee on Courts
8 (c) Subcommittee on Family Law
9 [(14)] (15) Intergovernmental Affairs
10 (a) Subcommittee on Information Technology
11 (b) Subcommittee on Federal-State Relations
12 [(15)] (16) Labor Relations
13 [(16)] (17) Liquor Control
14 (a) Subcommittee on Licensing
15 (b) Subcommittee on Marketing
16 [(17)] (18) Local Government
17 (a) Subcommittee on Boroughs
18 (b) Subcommittee on Counties
19 (c) Subcommittee on Townships
20 [(18)] (19) Professional Licensure
21 [(19)] (20) State Government
22 [(20)] (21) Tourism and Recreational Development
23 (a) Subcommittee on Arts and Entertainment
24 (b) Subcommittee on Recreation
25 (c) Subcommittee on Travel Promotion
26 [(21)] (22) Transportation
27 (a) Subcommittee on Highways
28 (b) Subcommittee on Public Transportation
29 (c) Subcommittee on Transportation Safety
30 (d) Subcommittee on Aviation
20070H0108R0716 - 47 -
1 (e) Subcommittee on Railroads
2 [(22)] (23) Urban Affairs
3 (a) Subcommittee on Cities, Counties - First Class
4 (b) Subcommittee on Cities, Counties - Second Class
5 (c) Subcommittee on Cities, Third Class
6 [(23)] (24) Veterans Affairs and Emergency Preparedness
7 (a) Subcommittee on Military and Veterans Facilities
8 (b) Subcommittee on Security and Emergency Response
9 Readiness
10 RULE 44
11 Organization of Standing Committees
12 and Subcommittees
13 The membership of each standing committee shall first meet
14 upon the call of its [chairman] chair and perfect its
15 organization. A majority of the members to which each standing
16 committee is entitled shall constitute a quorum for it to
17 proceed to business. Each standing committee shall have the
18 power to promulgate rules not inconsistent with these rules
19 which may be necessary for the orderly conduct of its business.
20 Where a standing committee has standing subcommittees as
21 prescribed by Rule 43, the membership on such standing
22 subcommittees shall be appointed by the Committee on Committees
23 after consultation with each [chairman] chair of a standing
24 committee of which the standing subcommittee is a part. Each
25 standing subcommittee shall consist of the [chairman] chair of
26 its parent standing committee, as an ex-officio member, the
27 [chairman] chair of the standing subcommittee, and five other
28 members from the parent standing committee to be appointed by
29 the Committee on Committees, three from among the majority party
30 after consultation with the Majority Leader and two from among
20070H0108R0716 - 48 -
1 the minority party after consultation with the Minority Leader.
2 Where it is deemed advisable that the membership of any standing
3 subcommittee be of greater number than that prescribed herein,
4 the Committee on Committees may appoint additional members of
5 the standing committee from the majority or minority party to
6 serve on such standing subcommittee. The number of additional
7 members selected should be such as to maintain, as far as is
8 practicable, a ratio in majority and minority party membership
9 which affords a fair and reasonable representation to the
10 minority party on the standing subcommittee.
11 The [chairman] chair and the minority [chairman] chair of
12 each standing committee shall be ex-officio members of each
13 standing subcommittee which is part of the parent standing
14 committee, with the right to attend standing subcommittee
15 meetings and vote on any matter before such standing
16 subcommittee.
17 A majority of the members of each standing subcommittee shall
18 constitute a quorum for the proper conduct of its business. Each
19 standing subcommittee may promulgate such rules necessary for
20 the conduct of its business which are not inconsistent with the
21 rules of its parent standing committee or the Rules of the
22 House.
23 When the [chairman] chair of a standing committee has
24 referred a bill, resolution or other matter to a standing
25 subcommittee, the power and control over such bill, resolution
26 or other matter shall then reside in such subcommittee for a
27 reasonable period of time thereafter in order that such
28 subcommittee may consider the bill, resolution or other matter
29 and return the same to its standing committee with its
30 recommendations as to the action which ought to be taken on such
20070H0108R0716 - 49 -
1 bill, resolution or other matter.
2 Each standing subcommittee, within a reasonable time after it
3 has received a bill, resolution or other matter, shall meet as a
4 committee for the purpose of considering the same and returning
5 the bill, resolution or other matter back to its parent standing
6 committee with a subcommittee report as to what action it
7 recommends. The report of the subcommittee on a bill, resolution
8 or other matter being returned to the standing committee shall
9 contain one of the following recommendations:
10 (1) that the bill, resolution or other matter in its present
11 form be reported to the House,
12 (2) that the bill, resolution, or other matter not be
13 reported to the House,
14 (3) that the bill, resolution or other matter be reported to
15 the House, with recommendations for amendments,
16 (4) that the bill, resolution or other matter is returned
17 without recommendations.
18 When a standing committee receives reports from its
19 subcommittees, it shall consider the same and by majority vote
20 of the members of the standing committee either approve or
21 disapprove such report. If disapproved, the standing committee
22 may then determine by a majority vote of its members what
23 further action, if any, should be taken on such bill, resolution
24 or other matter.
25 Where no action has been taken by a standing subcommittee on
26 a bill, resolution or other matter referred to it, and the
27 [chairman] chair of the standing committee considers that such
28 subcommittee has had reasonable time to consider the bill,
29 resolution or other matter and return the same to its parent
30 standing committee, the subcommittee [chairman] chair shall then
20070H0108R0716 - 50 -
1 forthwith surrender and forward the same, together with all
2 documents or papers pertaining thereto, to the standing
3 committee.
4 In the event that a [chairman] chair of a standing committee
5 is absent, the following rules shall apply:
6 (1) If such standing committee has no subcommittee
7 prescribed by Rule 44, the [vice-chairman] vice-chair of the
8 standing committee shall act as [chairman] chair of the
9 committee meetings.
10 (2) If such standing committee has only one subcommittee,
11 the subcommittee [chairman] chair shall act as [chairman] chair
12 of the standing committee.
13 (3) If the standing committee has more than one
14 subcommittee, the subcommittee [chairman] chair with the longest
15 consecutive legislative service shall act as [chairman] chair of
16 the standing committee, except where the subcommittee [chairmen]
17 chairs have equal legislative service, in which case the Speaker
18 of the House shall designate one of the subcommittee [chairmen]
19 chairs to act as [chairman] chair of the standing committee.
20 In case of absence of a subcommittee [chairman] chair, the
21 [chairman] chair of the appropriate standing committee shall
22 designate one member from either the standing committee or
23 subcommittee to act as [chairman] chair of the subcommittee.
24 RULE 45
25 Powers and Duties of Standing Committees
26 and Subcommittees
27 The [chairman] chair of each standing committee and
28 subcommittee shall fix regular weekly, biweekly or monthly
29 meeting days for the transaction of business before the
30 committee or subcommittee. The [chairman] chair of the committee
20070H0108R0716 - 51 -
1 or subcommittee shall notify all members, at least 24 hours in
2 advance of the date, time and place of regular meetings, and,
3 insofar as possible, the subjects on the agenda. In addition to
4 regular meetings, special meetings may be called from time to
5 time by the [chairman] chair of the committee or subcommittee as
6 they deem necessary. No recess or combination of recesses shall
7 exceed 48 hours for any committee meeting or subcommittee
8 meeting. No committee shall meet during any session of the House
9 without first obtaining permission of the Speaker. During any
10 such meeting, no vote shall be taken on the Floor of the House
11 on any amendment, recommittal motion, final passage of any bill,
12 or any other matter requiring a roll call vote. Any committee
13 meeting called off the Floor of the House shall meet in a
14 committee room. In addition to the specific provisions of this
15 Rule 45, all provisions of 65 Pa.C.S. Ch. 7 (relating to open
16 meetings) relative to notice of meetings shall be complied with.
17 At regularly scheduled meetings, or upon the call of the
18 [chairman] chair, or subcommittee [chairman] chair, for special
19 meetings, the membership of such committees shall meet to
20 consider any bill, resolution, or other matter on the agenda.
21 The secretary of each standing committee, or in case of
22 subcommittees a secretary designated by the subcommittee
23 [chairman] chair, shall record:
24 (1) the minutes of the meeting,
25 (2) all votes taken,
26 (3) a roll or attendance of members at standing committee or
27 subcommittee meetings showing the names of those present, absent
28 or excused from attendance, and the majority and minority
29 [chairmen] chairs or their designees shall verify by their
30 signatures all votes taken and the roll or attendance of those
20070H0108R0716 - 52 -
1 members present, absent or excused before said records are
2 submitted to the Chief Clerk, and
3 (4) dispatch of bills and resolutions before the committee.
4 Such records shall be open to public inspection. On the first
5 legislative day of each week the House is in session, the
6 [chairman] chair of each standing committee shall submit to the
7 Chief Clerk for inclusion in the House Journal only, the roll or
8 record of attendance of members at standing committee or
9 subcommittee meetings held prior thereto and not yet reported,
10 along with the record of all votes taken at such meetings. All
11 reports from standing committees shall be prepared in writing by
12 the secretary of the committee. Members of a standing committee
13 may prepare in writing and file a minority report, setting forth
14 the reasons for their dissent. Such committee reports shall be
15 filed with the Chief Clerk within five days of the meeting. All
16 meetings at which formal action is taken by a standing committee
17 or subcommittee shall be open to the public, making such reports
18 as are required under Rule 44. When any member, except for an
19 excused absence, fails to attend five consecutive regular
20 meetings of his or her committee, the [chairman] chair of that
21 committee or subcommittee shall notify [him] the member of that
22 fact and, if the member in question fails to reasonably justify
23 [his] absences to the satisfaction of a majority of the
24 membership of the standing committee of which he or she is a
25 member, [his] membership on the committee or subcommittee shall
26 be deemed vacant and the [chairman] chair of the standing
27 committee shall notify the Speaker of the House to that effect.
28 Such vacancy shall then be filled in the manner prescribed by
29 these rules.
30 Whenever the [chairman] chair of any standing committee shall
20070H0108R0716 - 53 -
1 refuse to call a regular meeting, then a majority of the members
2 of the standing committee may vote to call a meeting by giving
3 two days written notice to the Speaker of the House, setting the
4 time and place for such meeting. Such notice shall be read in
5 the House and the same posted by the Chief Clerk in the House
6 Chamber. Thereafter, the meeting shall be held at the time and
7 place 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 15 members, and provided further a quorum is present. No
19 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 18 members, and
24 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] chair and other
28 members of a conflicting committee meeting or other legislative
29 meeting which he or she must attend on the same day, the member
30 is authorized to give the [chairman] chair or minority
20070H0108R0716 - 54 -
1 [chairman] chair his or her proxy in writing which shall be
2 valid only for that day and which shall include written
3 instructions for the exercise of such proxy by the [chairman]
4 chair or minority [chairman] chair during the meeting. The
5 member should also advise the [chairman] chair where he or she
6 can be reached. In the event the conflicting committee meeting
7 or other legislative meeting is scheduled to convene at the same
8 time or prior to the meeting at which a member desires to vote
9 by proxy, such proxy shall be delivered by the member in person
10 to the offices of both the [chairman] chair and minority
11 [chairman] chair prior to, but on the same day as, the
12 conflicting meetings.
13 When the majority of the members of a standing committee
14 believe that a certain bill or resolution in the possession of
15 the standing committee should be considered and acted upon by
16 such committee, they may request the [chairman] chair to include
17 the same as part of the business of a committee meeting. Upon
18 failure of the [chairman] chair to comply with such request, the
19 membership may require that such bill be considered by written
20 motion made and approved by a majority vote of the entire
21 membership to which such committee is entitled.
22 Whenever the phrase "majority of members of a standing
23 committee or subcommittee" is used in these rules, it shall mean
24 majority of the entire membership to which a standing committee
25 or subcommittee is entitled, unless the context thereof
26 indicates a different intent.
27 To assist the House in appraising the administration of the
28 laws and in developing such amendments or related legislation as
29 it may deem necessary, each standing committee or subcommittee
30 of the House shall exercise continuous watchfulness of the
20070H0108R0716 - 55 -
1 execution by the administrative agencies concerned of any laws,
2 the subject matter of which is within the jurisdiction of such
3 committee or subcommittee; and, for that purpose, shall study
4 all pertinent reports and data submitted to the House by the
5 agencies in the executive branch of the Government.
6 The Committee on Appropriations shall not have the power to
7 amend a bill which has been reported by another committee with
8 the exception of amendments concerning appropriations.
9 The Committee on Appropriations shall have the power to issue
10 subpoenas under the hand and seal of its [chairman] chair
11 commanding any person to appear before it and answer questions
12 touching matters properly being inquired into by the committee,
13 which matters shall include data from any fund administered by
14 the Commonwealth, and to produce such books, papers, records,
15 documents and data and information produced and stored by any
16 electronic data processing system as the committee deems
17 necessary. Such subpoenas may be served upon any person and
18 shall have the force and effect of subpoenas issued out of the
19 courts of this Commonwealth. Any person who willfully neglects
20 or refuses to testify before the committee or to produce any
21 books, papers, records, documents or data and information
22 produced and stored by any electronic data processing system
23 shall be subject to the penalties provided by the laws of the
24 Commonwealth in such case. Each member of the committee shall
25 have power to administer oaths and affirmations to witnesses
26 appearing before the committee. The committee may also cause the
27 deposition of witnesses either residing within or without the
28 State to be taken in the manner prescribed by law for taking
29 depositions in civil actions.
30 RULE 46
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1 Committee on Rules
2 The Committee on Rules shall consist of the Speaker, the
3 Majority Leader, the Majority Whip, the Minority Leader, the
4 Minority Whip, the Majority Appropriations [Chairman] Chair, the
5 Minority Appropriations [Chairman] Chair, 12 members of the
6 majority party appointed by the Speaker, and ten members of the
7 minority party appointed by the Minority Leader. The Majority
8 Leader shall be [chairman] chair.
9 The committee shall make recommendations designed to improve
10 and expedite the business and procedure of the House and its
11 committees, and to propose to the House any amendments to the
12 Rules deemed necessary. The committee shall also do all things
13 necessary to fulfill any assignment or duty given to the
14 committee by any resolution, or other rule of the House of
15 Representatives.
16 The committee shall be privileged to report at any time.
17 The committee shall, until or unless superseded by law, adopt
18 guidelines for the expenditure of all funds appropriated to the
19 House or to any member or nonmember officer by any appropriation
20 act.
21 Such guidelines shall include a detailed statement of the
22 general and specific purposes for which the funds from that
23 appropriation account may be used, as well as uniform standards
24 of required documentation, accounting systems and record keeping
25 procedures.
26 Except as expressly provided in Rule 30 or this rule, the
27 committee shall not have the power to amend any bill or joint
28 resolution.
29 RULE 47
30 Ethics Committee
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1 As used in the context of this rule, the word "committee"
2 shall mean the Committee on Ethics of the House of
3 Representatives, and the phrase "majority of the committee"
4 shall mean a majority of the members to which the committee is
5 entitled.
6 The committee shall consist of eight members: four of whom
7 shall be members of the majority party appointed by the Speaker,
8 and four of whom shall be members of the minority party
9 appointed by the Minority Leader. The Speaker shall appoint from
10 the members a [chairman] chair, vice [chairman] chair and
11 secretary for the committee. The [chairman] chair shall be a
12 member of the majority party and the vice [chairman] chair shall
13 be a member of the minority party.
14 The [chairman] chair shall notify all members of the
15 committee at least 24 hours in advance of the date, time and
16 place of a regular meeting. Whenever the [chairman] chair shall
17 refuse to call a regular meeting, a majority of the committee
18 may vote to call a meeting by giving two days' written notice to
19 the Speaker of the House setting forth the time and place for
20 such meeting. Such notice shall be read in the House and posted
21 in the House Chamber by the Chief Clerk, or [his] a designee.
22 Thereafter, the meeting shall be held at the time and place
23 specified in such notice.
24 The committee shall conduct its investigations, hearings and
25 meetings relating to a specific investigation or a specific
26 member, officer or employee of the House in closed session and
27 the fact that such investigation is being conducted or to be
28 conducted or that hearings or such meetings are being held or
29 are to be held shall be confidential information unless the
30 person subject to investigation advises the committee in writing
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1 that he or she elects that such hearings shall be held publicly.
2 In the event of such an election, the committee shall furnish
3 such person a public hearing. All other meetings of the
4 committee shall be open to the public.
5 The committee shall receive complaints against members,
6 officers and employees of the House, and persons registered or
7 carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating
8 to lobbying disclosure), alleging illegal or unethical conduct.
9 Any such complaint must be in writing verified by the person
10 filing the complaint and must set forth in detail the conduct in
11 question and the section of the "Legislative Code of Ethics,"
12 the provision of 65 Pa.C.S Ch. 13A or the House rule violated.
13 The committee shall make a preliminary investigation of the
14 complaint, and if it is determined by a majority of the
15 committee that a violation of the rule or law may have occurred,
16 the person against whom the complaint has been brought shall be
17 notified in writing and given a copy of the complaint. Within 15
18 days after receipt of the complaint, such person may file a
19 written answer thereto with the committee. Upon receipt of the
20 answer, by vote of a majority of the committee, the committee
21 shall either dismiss the complaint within ten days or proceed
22 with a formal investigation, to include hearings, not less than
23 ten days nor more than 30 days after notice in writing to the
24 persons so charged. Failure of the person charged to file an
25 answer shall not be deemed to be an admission or create an
26 inference or presumption that the complaint is true, and such
27 failure to file an answer shall not prohibit a majority of the
28 committee from either proceeding with a formal investigation or
29 dismissing the complaint.
30 A majority of the committee may initiate a preliminary
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1 investigation of the suspected violation of a Legislative Code
2 of Ethics or House rule by a member, officer or employee of the
3 House or lobbyist. If it is determined by a majority of the
4 committee that a violation of a rule or law may have occurred,
5 the person in question shall be notified in writing of the
6 conduct in question and the section of the "Legislative Code of
7 Ethics," the provision of 65 Pa.C.S. Ch. 13A or the House rule
8 violated. Within 15 days, such person may file a written answer
9 thereto. Upon receipt of the answer, by vote of a majority of
10 the committee, the committee shall either dismiss the charges
11 within ten days or proceed with a formal investigation, to
12 include hearings, not less than ten days nor more than 30 days
13 after notice in writing to the person so charged. Failure of the
14 person charged to file an answer shall not be deemed to be an
15 admission or create an inference or presumption that the charge
16 is true, and such failure to file an answer shall not prohibit a
17 majority of the committee from either proceeding with a formal
18 investigation or dismissing the charge.
19 In the event that the committee shall elect to proceed with a
20 formal investigation of the conduct of any member, officer or
21 employee of the House, the committee shall employ independent
22 counsel who shall not be employed by the House for any other
23 purpose or in any other capacity during such investigation.
24 All constitutional rights of any person under investigation
25 shall be preserved, and such person shall be entitled to present
26 evidence, cross-examine witnesses, face his or her accuser, and
27 be represented by counsel.
28 The [chairman] chair may continue any hearing for reasonable
29 cause, and upon the vote of a majority of the committee or upon
30 the request of the person subject to investigation, the
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1 [chairman] chair shall issue subpoenas for the attendance and
2 testimony of witnesses and the production of documentary
3 evidence relating to any matter under formal investigation by
4 the committee. The committee may administer oaths or
5 affirmations and examine and receive evidence.
6 All testimony, documents, records, data, statements or
7 information received by the committee in the course of any
8 investigation shall be private and confidential except in the
9 case of public hearings or in a report to the House. No report
10 shall be made to the House unless a majority of the committee
11 has made a finding of unethical or illegal conduct on the part
12 of the person under investigation. No finding of unethical or
13 illegal conduct shall be valid unless signed by at least a
14 majority of the committee. Any such report may include a
15 minority report. No action shall be taken on any finding of
16 illegal or unethical conduct nor shall such finding or report
17 containing such finding be made public sooner than seven days
18 after a copy of the finding is sent by certified mail to the
19 member, officer or employee under investigation.
20 The committee may meet with a committee of the Senate to hold
21 investigations or hearings involving employees of the two houses
22 jointly or officers or employees of the Legislative Reference
23 Bureau, the Joint State Government Commission, the Local
24 Government Commission, the Legislative Budget and Finance
25 Committee and the Legislative Data Processing Committee;
26 provided, however, that no action may be taken at a joint
27 meeting unless it is approved by a majority of the committee.
28 In the event that a member of the committee shall be under
29 investigation, such member shall be temporarily replaced on the
30 committee in a like manner as said member's original
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1 appointment.
2 The committee, whether or not at the request of a member,
3 officer or employee concerned about an ethical problem relating
4 to [himself] the member, officer or employee alone or in
5 conjunction with others, may render advisory opinions with
6 regard to questions pertaining to legislative ethics or decorum.
7 Such advisory opinions, with such deletions and changes as shall
8 be necessary to protect the identity of the persons involved or
9 seeking them, may be published and shall be distributed to all
10 the members of the House.
11 Any member of the committee breaching the confidentiality of
12 materials and events as set forth in this rule shall be removed
13 immediately from the committee and replaced by another member of
14 the House in a like manner as said member's original
15 appointment.
16 The committee may adopt rules of procedure for the orderly
17 conduct of its affairs, investigations, hearings and meetings,
18 which rules are not inconsistent with this rule.
19 The committee shall continue to exist and have authority and
20 power to function after the sine die adjournment of the General
21 Assembly and shall so continue until the expiration of the then
22 current term of office of the members of the committee.
23 RULE 47 (a)
24 Status of Members Indicted or Convicted of a Crime
25 When an indictment is returned against a member of the House,
26 and the gravamen of the indictment is directly related to the
27 member's conduct as a committee chair or ranking minority
28 committee member or in a position of leadership or is one which
29 would render the member ineligible to the General Assembly under
30 section 7 of Article II of the Constitution of Pennsylvania, the
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1 member shall be relieved of committee chair status, ranking
2 minority committee member status or leadership position until
3 the indictment is disposed of, but the member shall otherwise
4 continue to function as a Representative, including voting, and
5 shall continue to be paid.
6 If, during the same legislative session, the indictment is
7 quashed, or the court finds that the member is not guilty of the
8 offense alleged, the member shall immediately be restored to
9 committee chair status, ranking minority committee member status
10 or the leadership position retroactively from which he or she
11 was suspended.
12 Upon a finding or verdict of guilt by a judge or jury, plea
13 or admission of guilt or plea of nolo contendere of a member of
14 the House of a crime, the gravamen of which relates to the
15 member's conduct as a Representative or which would render the
16 member ineligible to the General Assembly under section 7 of
17 Article II of the Constitution of Pennsylvania, and upon
18 imposition of sentence, the Parliamentarian of the House shall
19 prepare a resolution of expulsion under the sponsorship of the
20 Chair and Vice-Chair of the House Ethics Committee. The
21 resolution shall be printed and placed on the calendar for the
22 next day of House session.
23 RULE 47 (b)
24 Status of Officers or Employees Indicted or Convicted
25 of a Crime
26 Whenever any officer or employee of the House is indicted or
27 otherwise charged before a court of record with the commission
28 of a felony or a misdemeanor the gravamen of which relates to
29 the officer's or employee's conduct or status as an officer or
30 employee of the Commonwealth or the disposition of public funds,
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1 such employee shall immediately be suspended without pay and
2 benefits by the Chief Clerk. After a finding or a verdict of
3 guilt by a judge or a jury, plea or admission of guilt, or plea
4 of nolo contendere, and upon imposition of sentence, the
5 employment shall be terminated.
6 If the indictment is quashed, or the court finds that the
7 officer or employee is not guilty of the offense alleged, the
8 suspension without pay shall be terminated, and the officer or
9 employee shall receive compensation for the period of time
10 during which the officer or employee was suspended, which
11 compensation shall be reduced by the amount of any compensation
12 the officer or employee earned from other employment during the
13 period of suspension.
14 If the officer or employee or the supervising member of the
15 employee disagrees with the decision of the Chief Clerk as to
16 whether an indictment for particular conduct shall be a crime
17 requiring suspension or dismissal, the officer or employee in
18 question or the supervising member may appeal the suspension to
19 the House Ethics Committee, which shall determine whether the
20 conduct charged is an offense requiring suspension. Whenever an
21 appeal of a suspension shall be taken to the committee, the
22 suspension shall remain effective pending a decision by the
23 committee.
24 RULE 48
25 Conference Committee
26 All Committees of Conference shall be appointed by the
27 Speaker and shall be composed of three members, two of whom
28 shall be selected from the majority party and one from the
29 minority party.
30 The conferees shall confine themselves to the differences
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1 which exist between the House and Senate.
2 The presentation of reports of Committees of Conference shall
3 be in order after having been signed by a majority of members of
4 the committee of each House.
5 Consideration of a report of a Committee of Conference by the
6 House shall be in order when it has been printed, placed on the
7 desks of the members and listed on the calendar.
8 RULE 49
9 Committee Action
10 Whenever a bill, resolution or other matter has been referred
11 by the Speaker of the House to a standing committee, and such
12 committee has one or more standing subcommittees, the [chairman]
13 chair of the standing committee may either refer it to an
14 appropriate subcommittee or retain it for consideration by the
15 entire standing committee. If it is retained, such standing
16 committee shall have full power and control over such bill,
17 resolution or other matter, except that such committee shall not
18 change the subject nor any amendments adopted by the House.
19 Where the [chairman] chair of the standing committee refers such
20 bill, resolution, or matter to a subcommittee, such
21 subcommittee, except as hereinafter provided, shall have full
22 power over the same.
23 The recommendations by a committee that a bill or resolution
24 be reported negatively shall not affect its consideration by the
25 House. The words "negative recommendation" shall be printed
26 conspicuously on a line above the title of this bill.
27 All standing subcommittees shall be subject to the will of
28 the majority of their parent standing committee and shall not
29 promulgate any rules or take any action inconsistent with the
30 rules of their parent standing committee or the Rules of the
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1 House.
2 After a bill is reported out of committee, all committee
3 votes taken with respect to the bill shall be posted on the
4 Internet as soon as practicable.
5 RULE 50
6 Public Hearings
7 Each standing committee, subcommittee or select committee to
8 which a proposed bill, resolution or any matter is referred
9 shall have full power and authority to study said bill,
10 resolution or other matter before it, as such committee, shall
11 determine is necessary to enable it to report properly to the
12 House thereon. To this end, a standing committee, subcommittee,
13 or select committee, may as hereinafter provided, conduct public
14 hearings. No standing committee, subcommittee or select
15 committee shall hold any public hearings without prior approval
16 by a majority vote of the members of the standing committee and
17 the Speaker or the Majority Leader of the House. The Speaker or
18 the Majority Leader of the House shall withhold approval of
19 public hearings based only on budgetary consideration.
20 When a public hearing has been authorized as aforesaid, the
21 [chairman] chair of the standing committee, subcommittee
22 [chairman] chair, or select committee [chairman] chair as the
23 case may be, shall instruct the Chief Clerk to give written
24 notice thereof to each House Member not less than five calendar
25 days before the proposed hearings and post the same in or
26 immediately adjacent to the House Chambers. Such notice, which
27 shall contain the day, hour and place of the hearing and the
28 number or numbers of bills or other subject matter to be
29 considered at such hearing, shall also be given the supervisor
30 of the news room, and to the news media. In addition, all
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1 provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings),
2 relative to notice of meetings shall be complied with.
3 Public hearings held by a standing committee shall be chaired
4 by the [chairman] chair of such committee, unless absent, in
5 which case an acting [chairman] chair shall be selected in the
6 manner prescribed by these rules to serve [in his stead]. Public
7 hearings held by standing subcommittees shall be chaired by the
8 subcommittee [chairman] chair thereof, but the [chairman] chair
9 of the parent standing committee, as an ex-officio member of the
10 subcommittee, shall have the right to attend and participate in
11 the hearing proceedings. In the absence of the subcommittee
12 [chairman] chair, an acting [chairman] chair shall be appointed
13 in the manner prescribed by these rules.
14 All public hearings shall be open to the public and
15 reasonable opportunity to be heard shall be afforded to all
16 interested parties who have requested an appearance before the
17 committee. In addition, it shall be the responsibility of the
18 committee in conducting its hearing to request the presentation
19 of testimony by any person who, in the opinion of the committee,
20 is qualified to present pertinent and important testimony.
21 Such committee shall, so far as practicable, request all
22 witnesses appearing before it to file written statements of
23 their proposed testimony. The [chairman] chair shall have the
24 right to fix the order of appearance and the time to be allotted
25 to witnesses. Witnesses may submit brief pertinent statements in
26 writing for inclusion in the record. The committee is the sole
27 judge of the pertinency of testimony and evidence adduced at its
28 hearings.
29 The [chairman] chair, in presiding at such public hearings,
30 shall preserve order and decorum, in and adjacent to his
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1 committee room while the hearing is being conducted and [he]
2 shall have the authority to direct the removal from the
3 committee room of any person who fails to comply with order and
4 decorum of the committee.
5 Proceedings of all public hearings shall be either
6 stenographically or electronically recorded. The committee shall
7 determine which parts of such recorded proceedings, if any,
8 shall be transcribed and the distribution thereof. Except as
9 hereinafter provided, no more than four copies of any transcript
10 shall be made. Such stenographic or electronic records and at
11 least one copy of any transcription shall be preserved by the
12 Chief Clerk until [he is] authorized to dispose of same by an
13 affirmative vote of three-quarters of the entire membership of
14 the Rules Committee and shall be made available to any member
15 upon written request for the purpose of copying or transcription
16 at that member's expense. Any transcribed records and any
17 reports of the committee shall be filed with the Chief Clerk or
18 his designee and shall be made available to any person in
19 accordance with reasonable rules and regulations prescribed by
20 the Chief Clerk. Upon payment of a reasonable cost to be
21 determined by the Chief Clerk, a person may obtain a copy of
22 such transcribed records or reports.
23 All written testimony and all transcribed testimony at
24 committee hearings shall be posted on the Internet as soon
25 thereafter as practicable.
26 The Chief Clerk shall not make payment of any expenses
27 incurred as a result of a public hearing without the prior
28 written approval of the Speaker or the Majority Leader of the
29 House.
30 RULE 51
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1 Investigations
2 Any standing committee, subcommittee or select committee,
3 upon resolution introduced and approved by majority vote of the
4 House, may be authorized and empowered to conduct hearings at
5 any place in the Commonwealth to investigate any matter provided
6 for in such resolution. When authorized by such a resolution,
7 such committee shall be empowered to issue subpoenas under the
8 hand and seal of the [chairman] chair thereof commanding any
9 person to appear before it and answer questions touching matters
10 properly being inquired into by the committee and produce such
11 books, papers, records, accounts, reports, and documents as the
12 committee deems necessary. Such subpoenas may be served upon any
13 person and shall have the force and effect of subpoenas issued
14 out of the courts of this Commonwealth. Where any person
15 willfully neglects or refuses to comply with any subpoena issued
16 by the committee or refuses to testify before the committee on
17 any matter regarding which [he] the person may be lawfully
18 interrogated, it shall be the duty of the committee to report
19 such disobedience or refusal to the House of Representatives,
20 and such person shall be subject to the penalties provided by
21 the laws of the Commonwealth in such cases. All such subpoenaed
22 books, papers, records, accounts, reports, and documents shall
23 be returned to the person from whom such material was subpoenaed
24 when the committee has completed its examination of such
25 material, but in no event later than the date on which the
26 committee completes its investigation. Such material, or any
27 information derived therefrom not a part of public sessions of
28 the committee, shall not be turned over to any person or
29 authority without the consent of the person from whom such
30 material was subpoenaed. Each member of the committee shall have
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1 power to administer oaths and affirmations to witnesses
2 appearing before the committee. The Sergeant-at-Arms of the
3 Legislature or other person designated by the committee shall
4 serve any subpoenas issued by the committee, when directed to do
5 so by the committee. The subpoena shall be addressed to the
6 witness, state that such proceeding is before a committee of the
7 House at which the witness is required to attend and testify at
8 a time and place certain and be signed by the [chairman] chair
9 of the committee commanding attendance of such witness. Mileage
10 and witness fees shall be paid to such witness in an amount
11 prescribed by law.
12 The [chairman] chair of the investigative hearing shall call
13 the committee to order and announce in an opening statement the
14 subject or purposes of the investigation.
15 A copy of this rule shall be made available to the witnesses
16 at least three calendar days prior to his or her scheduled
17 testimony. Witnesses at investigative hearings, may be
18 accompanied by their own counsel for the purpose of advising
19 them concerning their constitutional rights. The [chairman]
20 chair, for breaches of order or decorum or of professional
21 ethics on the part of counsel, may exclude [him] counsel from
22 the hearing. Counsel may interpose legal objection to any and
23 all questions which in the opinion of counsel may violate the
24 civil or constitutional rights of his or her clients.
25 If the committee determines that evidence or testimony at an
26 investigative hearing may tend to defame, degrade or incriminate
27 any person, it shall:
28 (1) receive such evidence or testimony in executive session;
29 (2) afford such person an opportunity voluntarily to appear
30 as a witness; and
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1 (3) receive and dispose of requests from such person to
2 subpoena additional witnesses.
3 No evidence or testimony taken in executive session may be
4 released to any person or authority or used in public sessions
5 without the consent of the committee.
6 Proceedings of all public hearings shall be either
7 stenographically or electronically recorded. The committee shall
8 determine which parts of such recorded proceedings, if any,
9 shall be transcribed and four copies thereof shall be
10 distributed and additional copies made available as provided in
11 Rule 50. Such stenographic or electronic records shall be
12 preserved by the Chief Clerk until [he is] directed to dispose
13 of same by an affirmative vote of three-quarters of the entire
14 membership of the Rules Committee and shall be made available to
15 any member upon written request for the purpose of transcription
16 at that member's expense. Any transcribed records and any
17 reports of the committee shall be filed with the Chief Clerk or
18 [his] a designee and shall be made available to any person in
19 accordance with reasonable rules and regulations prescribed by
20 the Chief Clerk.
21 Upon payment of a reasonable cost to be determined by the
22 Chief Clerk, a person may obtain a copy of the transcript of any
23 testimony given at a public session or, if given at an executive
24 session when authorized by the committee. All standing
25 committees, subcommittees, special committees or commissions
26 which are authorized to hold public hearings and investigations
27 shall file a final report before being discharged of delegated
28 responsibilities.
29 RULE 52
30 Possession of Bills by Committee
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1 When a committee has ordered that a bill, resolution or other
2 matter be reported to the House, the member to whom it is
3 assigned shall make the report thereof to the House either on
4 the same day or at the next meeting of the House.
5 Failure of a member to comply with this rule shall be
6 reported to the House by the committee, provided the official
7 copy of the bill, resolution or other matter has not been
8 obtained. Upon a motion agreed to by the House, a duplicate
9 certified copy of a House bill, House resolution or other House
10 matter shall be furnished to the committee by the Chief Clerk.
11 A committee or subcommittee shall not consider a bill,
12 resolution or other matter which is not in its possession.
13 When a committee reports to the House that a House bill,
14 House resolution or other House matter referred to it is lost,
15 upon a motion agreed to by the House, a duplicate certified copy
16 thereof shall be furnished by the Chief Clerk.
17 If the Senate bill, Senate resolution or other Senate matter
18 received from the Senate is lost, upon a motion agreed to by the
19 House, a request shall be made to the Senate to furnish the
20 House with a duplicate certified copy thereof.
21 If a bill, resolution or other matter is lost before it has
22 been referred to a committee, the fact shall be reported to the
23 House and the procedure provided by this rule shall be followed.
24 RULE 53
25 Discharge of Committees
26 A member may present to the Chief Clerk a resolution in
27 writing to discharge a committee from the consideration of a
28 bill or resolution which has been referred to it 15 legislative
29 days prior thereto (but only one motion may be presented for
30 each bill or resolution). The discharge resolution shall be
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1 placed in the custody of the Chief Clerk, who shall arrange some
2 convenient place for the signature of the members. A signature
3 may be withdrawn by a member in writing at any time before the
4 discharge resolution is entered in the Journal. When 25 members
5 of the House shall have signed the resolution, it shall be
6 entered in the Journal and the title of the bill or resolution
7 and the name of the committee to be discharged shall be printed
8 on the calendar.
9 Any member who has signed a discharge resolution which has
10 been on the calendar at least one legislative day prior thereto
11 and seeks recognition, shall be recognized for the purpose of
12 calling up the discharge resolution and the House shall proceed
13 to its consideration without intervening motion except one
14 motion to adjourn; however, no discharge resolution shall be
15 considered during the last six legislative days of any session
16 of the House. A majority vote of all the members elected to the
17 House shall be required to agree to a resolution to discharge a
18 committee. When any perfected discharge resolution has been
19 acted upon by the House and defeated it shall not be in order to
20 entertain during the same session of the House any other
21 discharge resolution from that committee of said measure, or
22 from any other committee of any other bill or resolution
23 substantially the same, relating in substance to or dealing with
24 the same subject matter.
25 RULE 54
26 Presentation and Withdrawal of Motions
27 When a motion which is in order has been made, the Speaker
28 shall state it or (if it is in writing) cause it to be read by
29 the Clerk. It shall then be in the possession of the House, but
30 it may be withdrawn by the maker at any time before decision or
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1 amendment.
2 The Speaker shall put the question in the following form,
3 viz: "those in favor of the motion will say 'aye'." After the
4 affirmative is expressed, "those who are opposed will say 'no'."
5 All motions, except for the previous question and a motion
6 for reconsideration, may be made without a second.
7 No dilatory motion shall be entertained by the Speaker.
8 RULE 55
9 Privileged Motions
10 When a question is under debate or before the House, no
11 motion shall be received but the following, which shall take
12 precedence in the order named:
13 (1) To adjourn, or recess.
14 (2) A call of the House.
15 (3) To lay on the table.
16 (4) For the previous question.
17 (5) To postpone.
18 (6) To commit or recommit.
19 (7) To amend.
20 Debate on the motion to postpone shall be confined to the
21 question of the postponement and shall not include discussion of
22 the main question.
23 The motion to commit or recommit is open to debate only as to
24 the reasons for or against reference to committee and shall not
25 include a discussion of the merits of the main question.
26 Debate on the motion to amend shall be limited to the
27 amendment and shall not include the general merits of the main
28 question.
29 RULE 56
30 Adjourn
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1 A motion to adjourn or recess is [not] debatable, cannot be
2 amended and is always in order, except:
3 (1) when another member has the floor; or
4 (2) when the House is voting.
5 [When a motion to adjourn is made, it shall be in order for
6 the Speaker, before putting the question, to permit the Majority
7 and Minority Leaders and/or one member designated by each of
8 them to state to the House any fact relating to the condition of
9 the business of the House which would seem to render it
10 inadvisable to adjourn. These statements shall be limited to two
11 minutes and shall not be debatable.]
12 RULE 57
13 Call of the House
14 If a question of the absence of a quorum is raised by a
15 member, the Speaker shall order the Sergeant-at-Arms to close
16 the doors of the House. No member shall be permitted to leave
17 the House, except by permission of the House. The names of the
18 members present shall be recorded and absentees noted. Those for
19 whom no leave of absence has been granted or no sufficient
20 excuse is made may, by order of a majority of the members
21 present, be sent for and taken into custody by the Sergeant-at-
22 Arms and [his] assistants appointed for that purpose, and
23 brought before the bar of the House where, unless excused by a
24 majority of the members present, they shall be censured or
25 punished for neglect of duty as the House may direct.
26 Further proceedings under a call of the House may be
27 dispensed with at any time after the completion of the roll call
28 and the announcement of the result.
29 These proceedings shall be without debate, and no motion,
30 except to adjourn, shall be in order.
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1 RULE 58
2 Persons Admitted Under a Call of the House
3 Members who voluntarily appear during a call of the House
4 shall be admitted to the House. Upon recognition by the Speaker
5 they shall announce their presence and their names shall be
6 recorded on the roll.
7 Officers of the House, accredited correspondents and
8 employees designated by the Chief Clerk shall be admitted to the
9 House during a call.
10 Visitors shall not be admitted to the House after the doors
11 are closed and until the proceedings under the call are
12 terminated, but they shall be permitted to leave.
13 RULE 59
14 Lay on the Table
15 A motion to lay on the table is [not] debatable, is not
16 subject to amendment and carries with it the main question and
17 all other pending questions which adhere to it, except when an
18 appeal is laid on the table. The passage of a motion to lay an
19 amendment on the table shall cause the subject bill or
20 resolution and all other amendments to be laid on the table.
21 RULE 60
22 Motion to Take from the Table
23 A motion to take from the table a bill or other subject is in
24 order under the same order of business in which the matter was
25 laid on the table. It shall be decided without [debate or]
26 amendment and is debatable.
27 RULE 61
28 Previous Question
29 A motion for the previous question, seconded by 20 members
30 and sustained by a majority of the members present, shall put an
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1 end to all debate and bring the House to an immediate vote on
2 the question then pending, or the questions on which it has been
3 ordered.
4 A motion for the previous question may be made to embrace any
5 or all pending amendments or motions and to include the passage
6 or rejection of a bill or resolution.
7 RULE 62
8 Call for Yeas and Nays--Reasons for Vote
9 The yeas and nays of the members on any question shall, at
10 the desire of any two of them, be entered on the Journal.
11 (Constitution, Article II, Section 12).
12 When the Speaker or any member is not satisfied with a voice
13 vote on a pending question, the Speaker may order a roll call
14 vote; or, upon request of two members, before the result of the
15 vote is announced, [he] the Speaker shall order a roll call
16 vote.
17 A member may submit a written explanation of his or her vote
18 immediately following the announcement of the result of the vote
19 and have it printed in the Journal.
20 RULE 63
21 Division of a Question
22 Any member may call for a division of a question by the
23 House, if it comprehends propositions so distinct and separate
24 that one being taken away, the other will stand as a complete
25 proposition for the decision of the House.
26 A motion to strike out and insert is indivisible, but a
27 motion to strike out being lost shall neither preclude amendment
28 nor a motion to strike out and insert.
29 RULE 64
30 Members Required to be Present and Vote
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1 Every member shall be present within the Hall of the House
2 during its sittings, unless excused by the House or unavoidably
3 prevented, and shall vote for or against each question put,
4 unless he or she has a direct personal or pecuniary interest in
5 the determination of the question or unless [he is] excused [or
6 not present in accordance with an authorized leave of absence].
7 No member shall be permitted to vote and have his or her vote
8 recorded on the roll unless [he is] present in the Hall of the
9 House during the roll call vote.
10 The Legislative Journal shall show the result of each roll
11 call by yeas and nays and those absent and those not voting.
12 RULE 64 (a)
13 Chronic Absenteeism
14 For purposes of this rule the term "chronic absenteeism"
15 shall mean the unexcused absence of a representative for a
16 period of five consecutive legislative days from official
17 sessions of the House of Representatives or the absence of a
18 committee member for a period of five consecutive days from
19 [their] an assigned committee [meetings which meetings qualify
20 as] meeting which meeting qualifies as a regular committee
21 [meetings] meeting under the rules of the House of
22 Representatives and the Sunshine Law of the Commonwealth.
23 Any representative who is absent without excuse from regular
24 House sessions for a period of five consecutive legislative days
25 or is absent for a period of five consecutive committee meetings
26 shall be deemed a chronic absentee and may, on a vote of the
27 full House, be held in contempt of this House upon motion of
28 five members of the House for chronic absence from regular House
29 sessions and by motion of three members of the standing
30 committee of the House to which such representative is assigned
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1 for chronic absence from regularly scheduled committee meetings.
2 The term "chronic absenteeism" shall not include:
3 (1) Absence due to the personal illness or bodily injury of
4 a representative.
5 (2) Absence due to personal illness or bodily injury of a
6 member of the immediate family of the representative.
7 (3) Death to a member of the immediate family of a
8 representative.
9 (4) Any excused absence approved by the House pursuant to
10 its rules.
11 RULE 65
12 Member Having Private Interest
13 (1) A member who has a personal or private interest in any
14 measure or bill proposed or pending before the House shall
15 disclose the fact to the House and shall not vote thereon.
16 (Constitution, Article III, Section 13).
17 (2) A member who, for remuneration, represents any
18 organization required to register under 65 Pa.C.S. Ch. 13A
19 (relating to lobbying disclosure) shall file a statement of that
20 fact with the Chief Clerk.
21 RULE 65 (a)
22 Professionals-Legislators
23 (1) Except as hereinafter provided, any member or employee
24 of the House or its agencies shall not be retained for
25 compensation to appear in his or her professional capacity to
26 represent the interest of any client in any proceeding before
27 any Commonwealth department, board, agency, bureau or
28 commission, except that such member or employee is authorized to
29 represent the interest of a client at any stage of a proceeding
30 before the Commonwealth or its agencies where such proceeding
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1 was initially taken or brought as a ministerial action, as
2 defined by this rule, and as originally taken was not initially
3 adverse in nature to the interest of the Commonwealth or its
4 agencies.
5 (2) The provisions of this rule shall not be applicable to
6 professionals-legislators:
7 (a) Representing clients on criminal matters before the
8 courts of the Commonwealth.
9 (b) Representing clients on civil matters before the
10 courts of the Commonwealth.
11 (c) Representing clients in all stages of a proceeding
12 before the Commonwealth or its agencies which was initially
13 commenced as a ministerial action. The term "ministerial
14 action" means and includes any proceeding or action before
15 the Commonwealth or its agencies where the proceeding, as
16 initially commenced involved solely:
17 (i) The uncontested or routine action by the
18 Commonwealth's administrative officers or employees in
19 issuing or renewing licenses, charters, certificates or
20 any other documents of a similar nature; or
21 (ii) The preparation, filing and review of tax
22 returns and supporting documents required by law; or
23 (iii) The preparation, filing and review of
24 engineering and architectural plans, drawings,
25 specifications and reports; or
26 (iv) Any other initially routine or uncontested
27 preparation, filing, review or other action not
28 enumerated above and considered and normally handled by
29 the Commonwealth or its agencies as a ministerial action.
30 (d) Representing clients in workmen's compensation
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1 proceedings before the bureau, its referees or the Workmen's
2 Compensation Appeals Board.
3 (3) This rule shall not apply to the other members of the
4 firm of such member and/or employee.
5 RULE 65 (b)
6 Financial Interests in Gaming Entities
7 (1) Except as hereinafter provided, no member, his or her
8 spouse, or any minor or unemancipated children shall hold or
9 acquire during his or her tenure in office any ownership or
10 other financial interest, including both equity and
11 indebtedness, in any entity required to be licensed under 4
12 Pa.C.S. Pt. II (relating to gaming), or in the subsidiaries or
13 affiliates, as defined in 4 Pa.C.S. § 1103 (relating to
14 definitions), of any such licensed entity.
15 (2) The provisions of this Rule shall not be applicable to
16 the following:
17 (a) an interest held through a defined benefit pension
18 plan;
19 (b) an interest held through a deferred compensation
20 plan organized and operated pursuant to section 457 of the
21 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
22 457);
23 (c) an interest held through a tuition account plan
24 organized and operated pursuant to section 529 of the
25 Internal Revenue Code;
26 (d) an interest held through a plan described in section
27 401(k) of the Internal Revenue Code;
28 (e) an interest held in an employer profit-sharing plan
29 qualified under the Internal Revenue Code;
30 (f) an interest held in a mutual fund where the interest
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1 owned by the individual fund in the licensed entity as
2 described herein does not amount to control of the entity as
3 defined by the Federal Investment Company Act of 1940 and
4 provided that such mutual fund is not a nondiversified fund
5 invested primarily in entities operating in, or connected
6 with, the gaming industry;
7 (g) an interest held in a blind trust over which the
8 holder may not exercise any managerial control or receive
9 income during the time period the member holds office;
10 (h) an interest held in a licensed entity otherwise
11 prohibited by this Rule if such interest was acquired prior
12 to January 7, 2003;
13 (i) an interest in indebtedness arising out of a
14 commercial transaction which takes place in the ordinary
15 course of business;
16 (j) an interest held in a subsidiary or affiliate of a
17 licensed entity if the identity thereof is not disclosed to
18 the Chief Clerk by the Pennsylvania Gaming Control Board. The
19 Chief Clerk, on a quarterly basis, shall request an updated
20 list from the Pennsylvania Gaming Control Board of all
21 subsidiaries and affiliates of licensed entities and shall
22 provide a copy of the list to all members of the House;
23 (k) an interest held by a spouse if an action seeking a
24 divorce and dissolution of marital status has been initiated
25 in any jurisdiction by either party to the marriage.
26 (3) Exceptions provided for in paragraph (2)(a) through (f)
27 above shall be inapplicable if the member, his or her spouse, or
28 any minor or unemancipated children have any discretion in
29 choosing individual investments within the portfolio in which
30 the interest is held.
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1 (4) Annually, on or before April 30th of each calendar year,
2 members shall file an affidavit with the Chief Clerk, on a form
3 provided by the Chief Clerk, either disclosing holdings
4 prohibited by this rule or affirming that he or she holds no
5 such interests.
6 (5) Any member, including a spouse and any minor or
7 unemancipated children, holding an ownership or other financial
8 interest prohibited by this Rule, shall have three months from
9 the date the entity is approved for a license under 4 Pa.C.S.
10 Pt. II to completely divest his or her interest and to file an
11 affidavit affirming the divestiture with the Chief Clerk.
12 (6) Members, including a spouse and any minor or
13 unemancipated children, elected to the House of Representatives
14 for the first time or upon returning after a hiatus in House
15 service subsequent to the adoption of this Rule shall have three
16 months from the date they are sworn into office to divest such
17 interests and file the affidavit referred to in paragraph (4).
18 RULE 66
19 Electric Roll Call
20 The names of the members shall be listed on the electric roll
21 call boards by party affiliation in alphabetical order, except
22 the name of the Speaker shall be last.
23 On any question requiring the "yeas" and "nays", the electric
24 roll call system shall be used. On all other questions to be
25 voted upon, the Speaker may[, in his discretion,] order the yeas
26 and nays taken by the electric roll call system or voice vote
27 or, upon demand of two members before the result of a vote has
28 been declared, the yeas and nays shall be taken by the electric
29 roll call system.
30 In the event the electric roll call system is not in
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1 operating order, the Speaker shall order all yea and nay votes
2 be taken by calling the roll, as provided in the Rules of the
3 House.
4 The vote of any member which has not been recorded because of
5 mechanical malfunction of the electric roll call system shall be
6 entered on the Journal, if said member was in the Hall of the
7 House at the time of the vote and did cast his or her vote at
8 the appropriate time, and the fact of such malfunction is
9 reported to the Speaker of the House prior to the announcement
10 of the result of the vote.
11 When the House is ready to vote upon any question requiring
12 the yeas and nays and the vote is to be taken by the electric
13 roll call system, the Speaker shall state: "The question
14 .............. (Designating the matter to be voted upon.)" The
15 Speaker shall then unlock the voting machine and announce, "The
16 members shall now proceed to vote." Once the voting has begun,
17 it shall not be interrupted, except for the purpose of
18 questioning the validity of a member's vote or, if the voting
19 switch of a member present in the Hall of the House is locked or
20 otherwise inoperative, a request that such switch be rendered
21 operative or such members vote be officially recorded, before
22 the result is announced.
23 When, in the judgment of the Speaker, reasonable time has
24 been allowed all members present in the House to vote (in no
25 event shall such time exceed ten minutes) [he] the Speaker shall
26 ask the question: "Have all members present voted?" After a
27 pause, the Speaker shall lock the machine and instruct the Clerk
28 to record the vote, and the Speaker shall announce the result of
29 the vote.
30 No member or other person shall be allowed at the Clerk's
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1 desk while the yeas and nays are being recorded, or the vote
2 counted.
3 After the voting machine is locked, no member may change
4 [his] a vote and the votes of tardy members will not be
5 recorded.
6 The vote as electrically recorded on the roll of members
7 shall not in any manner be altered or changed by any person.
8 Except as provided in [Rule 64] this rule, no member shall
9 vote for another member, nor shall any person not a member vote
10 for a member.
11 Any member or other person who willfully tampers with or
12 attempts to disarrange, deface, impair or destroy in any manner
13 whatsoever the electrical voting equipment used by the House, or
14 who instigates, aids or abets with the intent to destroy or
15 change the record of votes thereon shall be punished in such
16 manner as the House determines.
17 A member who has been appointed by the Speaker to preside as
18 Speaker pro tempore may designate either the Majority or
19 Minority Whip to cast his or her vote on any question while [he
20 is] presiding in accordance with [his] instructions from the
21 Chair.
22 The Chief Clerk shall post all votes by the electric roll
23 call system on the Internet no later than the close of business
24 on the day they are made.
25 A prime sponsor of a bill, the Minority Leader or Majority
26 Leader or a member designated to act on their behalf may request
27 that the roll call remain open for the maximum time allowed in
28 accordance with this rule. During such roll call, no vote shall
29 be recorded unless the member is at his or her regularly
30 assigned seat.
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1 RULE 67
2 Verification and Challenge
3 Upon completion of a roll call and before the result is
4 announced, if there appears to be need for verification, the
5 Speaker may direct the Clerk to verify it, or three members may
6 demand a verification.
7 Any member may challenge in writing the yea or nay or
8 electrically recorded vote of other members. The allegations
9 made shall be investigated by a committee composed of the
10 Speaker, a majority member and a minority member appointed by
11 the Speaker, who shall submit a report to the House not later
12 than its next session. The House shall then decide whether the
13 challenged vote shall be recorded or not.
14 If the challenged vote would change the result, the
15 announcement of the vote shall be postponed until the House
16 decides the case.
17 RULE 68
18 Changing Vote
19 No member may change [his] a vote, or have [his] a vote
20 recorded after the result of a roll call vote has been
21 announced, nor after an affirmative or negative roll has been
22 declared verified.
23 RULE 69
24 Journal
25 The Chief Clerk shall keep a Journal of the proceedings of
26 the House, which shall be printed and shall be made available to
27 the members.
28 The Journal of the proceedings of the last day's session
29 shall not be read unless so ordered by a majority vote of the
30 House.
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1 RULE 70
2 History of House Bills
3 and House Resolutions
4 A weekly History, showing the title and action on House bills
5 and the text and action on non-privileged resolutions, shall be
6 compiled and indexed under the direction of the Chief Clerk and
7 shall be printed and placed on each member's desk.
8 The House History shall include a cumulative index of laws
9 enacted during the session and the text of vetoes by the
10 Governor.
11 RULE 71
12 House Calendar
13 Bills and non-privileged resolutions reported from committees
14 to the House with an affirmative recommendation shall be listed
15 on the calendar in such manner as prescribed by the Rules
16 Committee and any other rule of the House. House bills and House
17 resolutions shall precede Senate bills and Senate resolutions.
18 Bills and non-privileged resolutions shall be listed on the
19 House Calendar for no more than 15 consecutive legislative days.
20 At the end of the 15th consecutive legislative day the said bill
21 or non-privileged resolution shall be automatically recommitted
22 to the committee from which it was reported to the floor of the
23 House.
24 Any bill or non-privileged resolution on the calendar which
25 cannot, by its status, be recommitted shall be removed from the
26 calendar and laid on the table, unless the House shall otherwise
27 direct.
28 A marked calendar compiled by the Majority Leader shall be
29 provided to all members on each legislative day on which votes
30 are scheduled on the calendar.
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1 RULE 72
2 Journal, Transcribing and
3 Documents Rooms
4 No person, except members and employees of the House having
5 official business, shall be permitted in the Transcribing, the
6 Legislative Journal, and the Bills and Documents Rooms of the
7 House without the consent of the Chief Clerk.
8 RULE 73
9 Correspondents
10 Admission to and administration of the Press Galleries of the
11 Senate and House of Representatives shall be vested in a
12 Committee on Correspondents consisting of the President pro
13 tempore of the Senate, or [his] a designee; the Speaker of the
14 House of Representatives, or [his] a designee; the Supervisor of
15 the Capitol Newsroom; the President of the Pennsylvania
16 Legislative Correspondents' Association, or [his] a designee and
17 the Executive Director of the Pennsylvania Association of
18 Broadcasters, or [his] a designee.
19 Persons desiring admission to the press sections of the
20 Senate and House of Representatives shall make application to
21 the [Chairman] Chair of the Committee on Correspondents. Such
22 application shall state the newspaper, press association or
23 licensed radio or television station, its location, times of
24 publication or hours of broadcasting, and be signed by the
25 applicant.
26 The Committee on Correspondents shall verify the statements
27 made in such application, and, if the application is approved by
28 the committee, shall issue a correspondent's card signed by the
29 members of the committee.
30 The gallery assigned to newspaper correspondents or
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1 recognized press association correspondents or representatives
2 of licensed radio and television stations, systems or
3 newsgathering agencies shall be for their exclusive use and
4 persons not holding correspondents cards shall not be entitled
5 to admission thereto. Employees of the General Assembly,
6 representatives and employees of state departments, boards,
7 commissions and agencies, visitors and members of the families
8 of correspondents entitled to admission to the press gallery
9 shall, at no time, be permitted to occupy the seats or be
10 entitled to the privileges of the press gallery.
11 Accredited representatives of newspapers, wire, newsreel
12 services and licensed radio or television stations, systems or
13 newsgathering agencies, may be authorized by the Speaker of the
14 House to take photographs, make audio or video recordings or
15 tapes, and to broadcast or televise in the House of
16 Representatives. Applications to take photographs, make audio or
17 video recordings or tapes, or to broadcast or televise at public
18 hearings of committees shall be approved by the committee
19 [chairman] chair or [co-chairmen] co-chairs conducting such
20 hearing. However, the committee [chairman] chair conducting the
21 hearing may make such orders to such representatives as may be
22 necessary to preserve order and decorum.
23 No photographs shall be taken nor any recordings or tapes
24 made, nor any broadcasting or televising done in the House of
25 Representatives during sessions, being at ease or recessed,
26 without prior notice to the Representatives. When possible, such
27 notice shall be given at the beginning of the session, at ease
28 or recess, during which the photographs, recordings or taping,
29 broadcasting or televising are scheduled to be taken or made.
30 No more than one representative of each newspaper, press
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1 association or licensed radio or television station, system or
2 newsgathering agency shall be admitted to the press gallery at
3 one time. Members of the Pennsylvania Legislative
4 Correspondents' Association and representatives of licensed
5 radio and television stations, systems or newsgathering
6 agencies, assigned to the House of Representatives on a daily
7 basis shall have permanent assigned seating in the press gallery
8 with identification plates. Visiting representatives of daily
9 newspapers, press associations, Sunday newspapers as well as
10 radio and television stations, systems or newsgathering agencies
11 shall coordinate seating accommodations with the supervisor of
12 the Capitol Newsroom.
13 Persons assigned to the press gallery on a permanent or
14 temporary basis, shall at all times, refrain from loud talking
15 or causing any disturbance which tends to interrupt the
16 proceedings of the House of Representatives.
17 Persons assigned to the press gallery on a permanent or
18 temporary basis shall not walk onto the floor of the House of
19 Representatives nor approach the rostrum or the clerks' desks
20 during session or while being at ease.
21 Persons assigned to the press gallery on a permanent or
22 temporary basis wishing to confer with a Representative shall
23 disclose this fact by having a message delivered by a page to
24 the Representative. Such conversation shall be conducted off the
25 floor of the House of Representatives.
26 Representatives of the Pennsylvania Public Broadcasting
27 System may, subject to regulations of the Speaker, televise or
28 make video tapes of proceedings of sessions of the House of
29 Representatives and meetings of all committees of the House of
30 Representatives.
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1 RULE 74
2 Visitors
3 Visitors shall be admitted to the Hall of the House only when
4 sponsored by a member. The Chief Clerk shall issue an
5 appropriate pass to any visitor so sponsored.
6 Persons admitted to the Hall of the House other than members
7 and attaches, shall not be permitted to stand while the House is
8 in session but shall be seated in chairs provided for them. At
9 no time shall visitors be permitted on the Floor of the House
10 while the House is in session unless so permitted by the
11 Speaker.
12 RULE 75
13 Lobbyists
14 No registered lobbyist shall be admitted to the Hall of the
15 House.
16 RULE 76
17 Soliciting Prohibited
18 No officer or employee of the House shall solicit any member,
19 other officer or employee of the House for any purpose.
20 RULE 77
21 Suspending and Changing Rules
22 [Any] Unless otherwise specified in another rule, any rule of
23 the House, which is not required by the Constitution, may be
24 temporarily suspended at any time for a specific purpose only by
25 a vote of two-thirds of the members elected to the House by a
26 roll call vote.
27 A motion to suspend the rules may not be laid on the table,
28 postponed, committed or amended[.] and may be debated by the
29 majority leader, the minority leader, the maker of the motion,
30 the maker of the amendment under consideration and the prime
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1 sponsor of the bill under consideration.
2 A brief description of the underlying bill or amendment shall
3 be given whenever a member moves to suspend the rules of the
4 House in order to consider such bill or amendment.
5 The existing rules of the House shall not be changed, added
6 to, modified or deleted except by written resolution and the
7 same approved by a majority vote of the members elected to the
8 House by a roll call vote.
9 Except where such resolution originates with the Committee on
10 Rules, no resolution proposing any change, addition,
11 modification or deletion to existing House rules shall be
12 considered until such resolution has been referred to the
13 Committee on Rules, reported therefrom, printed, filed on the
14 desk of each member and placed on the calendar.
15 Any proposed change, addition, modification or deletion
16 offered by a member on the floor of the House to such resolution
17 shall be considered, in effect, a change, addition, modification
18 or deletion to existing House rules and shall require for
19 approval a majority vote of the members by a roll call vote.
20 RULE 78
21 Parliamentary Authority
22 [Jefferson's] Mason's Manual supplemented by [Mason's]
23 Jefferson's Manual of Legislative Procedure shall be the
24 parliamentary authority of the House, if applicable and not
25 inconsistent with the Constitution of Pennsylvania, the laws of
26 Pennsylvania applicable to the General Assembly, the Rules of
27 the House, the established precedents of the House and the
28 established customs and usages of the House.
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