| PRINTER'S NO. 3 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No. | 3 | Session of 2013 |
INTRODUCED BY PILEGGI AND COSTA, JANUARY 1, 2013
INTRODUCED AND ADOPTED, JANUARY 1, 2013
A RESOLUTION
1Adopting the Rules of the Senate for the 197th and 198th Regular
2Session.
3RESOLVED, That the following be adopted as the Rules of the
4Senate for the governing of the 197th and 198th Regular Session.
5(2013-2014)
6RULES OF THE SENATE OF PENNSYLVANIA
7Rule 1. Sessions.
8(a) Regular and special.--The General Assembly shall be a
9continuing body during the term for which its Representatives
10are elected. It shall meet at twelve o'clock noon on the first
11Tuesday of January each year. Special sessions shall be called
12by the Governor on petition of a majority of the Members elected
13to each House or may be called by the Governor whenever in his
14opinion the public interest requires. (Const. Art. 2, Sec. 4)
15(b) Weekly.--The Senate shall convene its weekly sessions on
16Monday, unless the Senate shall otherwise direct.
17Rule 2. President.
18The Lieutenant Governor shall be President of the Senate.
1(Const. Art. 4, Sec. 4)
2Rule 3. Duties of the President.
3The President shall:
4(1) Take the chair on every legislative day at the hour
5to which the Senate stands recessed, immediately call the
6Senators to order, and proceed with the Order of Business of
7the Senate.
8(2) While in session have general direction of the
9Senate Chamber. It shall be the President's duty to preserve
10order and decorum, and, in case of disturbance or disorderly
11conduct in the Chamber or galleries, may cause the same to be
12cleared. When in the President's opinion there arises a case
13of extreme disturbance or emergency the President shall, with
14the concurrence of the President Pro Tempore, the Majority
15and Minority Leaders, recess the Senate. Such recess shall
16not extend beyond the limitation imposed by Article 2,
17Section 14 of the Constitution.
18(3) During debate, prevent personal references or
19questions as to motive, and confine Senators, in debate, to
20the question.
21(4) Decide, when two or more Senators arise, who shall
22be first to speak.
23(5) In the presence of the Senate, within one
24legislative day after receipt or adoption, sign all bills and
25joint resolutions which have passed both Houses after their
26titles have been read.
27(6) Sign resolutions, orders, writs, warrants and
28subpoenas issued by order of the Senate. The signature shall
29be attested by the Secretary-Parliamentarian of the Senate,
30or, if absent, by the Chief Clerk; and the fact of signing
1shall be entered in the Journal.
2(7) Decide all points of order, subject to appeal,
3giving, however, any Member called to order the right to
4extenuate or justify. Debate shall not be permitted unless
5there be an appeal from a decision of the President in which
6event the President shall submit the question to the whole
7Senate for decision. The President shall submit points of
8order involving the constitutionality of any matter to the
9Senate for decision. Questions of order submitted to the
10Senate may be debated.
11Rule 4. President Pro Tempore.
12(a) Election.--The Senate shall, at the beginning and close
13of each regular session and at such other times as may be
14necessary, elect one of its Members President Pro Tempore, who
15shall perform the duties of the Lieutenant Governor in any case
16of absence or disability of that officer, and whenever the
17office of Lieutenant Governor shall be vacant. (Const. Art. 2,
18Sec. 9)
19(b) Voting.--The vote of a majority of the Members voting
20shall be required to elect a President Pro Tempore. Except at
21the beginning and close of each regular session, the Senate
22shall only elect a President Pro Tempore when the office has
23become vacant and the vote of the majority of the Members
24elected shall be required to vacate the office of a seated
25President Pro Tempore.
26Rule 5. Duties of President Pro Tempore.
27(a) Mandatory.--The President Pro Tempore shall:
28(1) Appoint the Chair, Vice-Chair and members of the
29Standing Committees of the Senate as soon after the election
30of the President Pro Tempore as possible.
1(2) Appoint members to special committees whenever
2authorized.
3(3) Fill all vacancies occurring in standing and special
4committees.
5(4) Refer to the appropriate standing committee, every
6bill and joint resolution which may be introduced in the
7Senate or received from the House of Representatives.
8(5) Appoint and have under the President Pro Tempore's
9direction such Senate employees as are authorized by law.
10(6) Vote last on all questions when occupying the Chair.
11(b) Discretionary.--The President Pro Tempore may name any
12Senator to preside in the absence of the President, or if both
13the President and President Pro Tempore are absent the Majority
14Leader, or the Majority Leader's designee, shall preside. The
15Majority Leader, during such time, shall be vested with all
16powers of the President. This authority shall not extend beyond
17a day's recess.
18Rule 6. Duties of the Secretary-Parliamentarian.
19(a) Election.--At the beginning of each regular session
20convening in an odd-numbered year and at other times as may be
21necessary, the Senate shall elect a Secretary-Parliamentarian of
22the Senate.
23(b) General duties.--The Secretary-Parliamentarian of the
24Senate shall:
25(1) Assist the presiding officer in conducting the
26business of the session.
27(2) Act in the capacity of Parliamentarian.
28(c) Specific duties.--The Secretary-Parliamentarian of the
29Senate shall, subject to the direction of the President Pro
30Tempore:
1(1) Direct the following functions:
2(i) Amending bills in the Senate.
3(ii) Preparing and publishing the Senate Calendar.
4(iii) Publication of the Senate History.
5(iv) Numbering Senate bills as they are introduced
6and causing them to be distributed to the chair of the
7committee to which they are referred and receiving a
8receipt for same.
9(v) Printing of bills.
10(2) Keep a record of the Senate action on a bill on a
11special record sheet attached to the bill after it has been
12reported from committee.
13(3) Keep a record of all leaves granted by the Senate by
14compiling the leave requests submitted by a member and
15transmitted to the Secretary-Parliamentarian by the
16respective floor leaders. These records shall be retained
17only for the duration of the two-year legislative session.
18Further, these records shall be available for public
19inspection upon request.
20(4) Transmit all bills, joint resolutions, concurrent
21resolutions and other communications to the House of
22Representatives within one legislative day of final passage
23or adoption, and each shall be accompanied by a message
24stating the title to the measure being transmitted and
25requesting concurrence of the House, as required.
26(5) Attest all writs, warrants and subpoenas issued by
27order of the Senate; certify as to the passage of Senate
28Bills and the approval of executive nominations.
29(6) Supervise the Senate Library, assist Senators by
30making reference material available to them and perform any
1duties assigned to the Senate Librarian by any statute.
2(7) Supervise the Chief Sergeant-at-Arms, the Senate
3Bill Room, the Senate Print Shop, the Official Reporter's
4Office and the Senate Page Service.
5(8) The Secretary-Parliamentarian of the Senate shall
6post each roll call vote taken in the Senate on the Internet
7website maintained by the Senate immediately, but in no case
8later than 24 hours after the vote. Each roll call vote shall
9be posted in a manner which clearly identifies the bill,
10resolution or other subject of the vote.
11(9) The Secretary-Parliamentarian of the Senate shall
12post the Legislative Journal of the Senate on the Internet
13website maintained by the Senate upon approval of the Journal
14or within 45 calendar days of each session day, whichever is
15earlier. If the Secretary-Parliamentarian posts the
16Legislative Journal on the Internet website prior to Senate
17approval, the copy shall be marked "Official Reporter's
18Document."
19Rule 7. Duties of the Chief Clerk.
20(a) Election.--At the beginning of each regular session
21convening in an odd-numbered year and whenever necessary, the
22Senate shall elect a Chief Clerk of the Senate.
23(b) Duties.--The Chief Clerk shall be the chief fiscal
24officer of the Senate and shall perform those duties prescribed
25in section 2.4 of the act of January 10, 1968 (1967 P.L.925,
26No.417), referred to as the Legislative Officers and Employes
27Law. In addition, the Chief Clerk, subject to the direction of
28the President Pro Tempore, shall perform those powers and duties
29prescribed in the Financial Operating Rules of the Senate. In
30the absence of the Secretary-Parliamentarian, the Chief Clerk
1shall, subject to the direction of the President Pro Tempore,
2attest all writs, warrants and subpoenas issued by order of the
3Senate and shall certify as to the passage of Senate Bills and
4the approval of executive nominations.
5Rule 8. Duties of the Sergeant-at-Arms.
6The Chief Sergeant-at-Arms shall:
7(1) Be constantly in attendance during the sessions of
8the Senate except when absent in discharging other duties.
9(2) Have charge of and direct the work of the Assistant
10Sergeants-at-Arms.
11(3) Serve all subpoenas and warrants issued by the
12Senate or any duly authorized officer or committee.
13(4) Maintain order, at the direction of the presiding
14officer, in the Senate Chamber and adjoining rooms.
15(5) See that no person, except those authorized to do
16so, disturbs or interferes with the desk or its contents of
17any Senator or officer.
18(6) Exclude from the floor all persons not entitled to
19the privilege of the same.
20(7) Have charge of all entrances to the Chamber during
21the sessions of the Senate and shall see that the doors are
22properly attended.
23(8) Announce, upon recognition by the presiding officer,
24all important communications and committees.
25(9) Escort the Senate to all Joint meetings with the
26mace.
27(10) Escort the Senate to attend funeral services of
28members, former members of the Senate or other dignitaries
29with the mace.
30Rule 9. Order of Business.
1(a) General rule.--The Order of Business to be observed in
2taking up business shall be as follows:
3First | Call to Order. |
4Second | Prayer by the Chaplain and |
6Third | Reading of Communications. |
7Fourth | Receiving reports of committees. |
8Fifth | Asking of leaves of absence. No |
14Sixth | Approval of Journals of |
16Seventh | Offering of original |
18Eighth | Introduction of Guests. |
19Ninth | Consideration of the Calendar. |
27Tenth | Consideration of Executive |
29Eleventh
|
Unfinished Business. Reports of |
resolutions. Congratulatory and | |
3Twelfth | First consideration of bills |
8Thirteenth | Announcements by the Secretary- |
10Fourteenth | Introduction of Petitions and |
12Fifteenth | Recess. |
13(b) Special order of business.--Any subject may, by a vote
14of a majority of the Members present, be made a special order;
15and when the time so fixed for its consideration arrives, the
16presiding officer shall lay it before the Senate.
17Rule 10. Order and decorum.
18(a) Recognition.--Any Senator who desires to speak or
19deliver any matter to the Senate shall rise and respectfully
20address the presiding officer as "Mr. President" or "Madam
21President," and on being recognized, may address the Senate at a
22microphone located on the floor of the chamber.
23(b) Avoiding personal references.--Any Senator addressing
24the Senate shall confine remarks to the question under debate,
25avoiding personal references or questions as to motive.
26(c) Speaking out of order.--If any Senator transgresses the
27Rules of the Senate, in speaking or otherwise, the presiding
28officer may, or any Senator may through the presiding officer,
29call that Senator to order.
30(d) Speaking more than twice.--No Senator shall speak more
1than twice on one question without leave of the Senate.
2(e) Decorum.--When a Senator is speaking, no other person
3shall pass between the Senator and the presiding officer.
4(f) Order and privilege.--No Senator speaking shall be
5interrupted except by a call to order, a question of privilege,
6or a call for the previous question, without the consent of the
7Senator speaking, and no Senator shall speak on a question after
8it is put to a vote.
9(g) Questions of order.--The presiding officer shall decide
10all questions of order, subject to appeal by any member. No
11debate shall be allowed on questions of order, unless there is
12an appeal. A second point of order on the same general subject,
13but not the same point, is not in order while an appeal is
14pending, but when the first appeal is decided, laid on the table
15or otherwise disposed of, the second point of order is in order
16and is subject to appeal. While an appeal is pending, no other
17business is in order. It is within the discretion of the
18presiding officer as to whether to vacate the chair on an
19appeal.
20(h) Question when interrupted.--A question regularly before
21the Senate can be interrupted only by a call for the previous
22question, for amendment, postponement, to lay on the table,
23commitment, recess or adjournment sine die.
24(i) Use of tobacco products.--No tobacco products, including
25cigarettes, cigars, pipes and chewing tobacco shall be used in
26the Senate Chamber or in Senate Committee Rooms.
27(j) Cell phones.--In the Senate Chamber, cell phones and
28similar portable communication devices shall be set to silent
29mode.
30Rule 11. Motions.
1(a) Putting a motion.--When a motion is made, it shall,
2before debate, be stated by the presiding officer. Every motion
3made to the Senate and entertained by the presiding officer
4shall be entered in the Journal with the name of the Senator
5making it. A motion may be withdrawn by the Senator making it
6before amendment, postponement, an order to lay on the table, or
7decision.
8(b) Precedence of motions.--Motions shall take precedence in
9the following order:
10(1) Adjourn sine die.
11(2) Recess.
12(3) Previous question.
13(4) Recess temporarily within the same session day.
14(5) Questions of privilege of the Senate.
15(6) Orders of the day.
16(7) Lay on the table.
17(8) Limit, close or extend limit on debate.
18(9) Postpone.
19(10) Commit or recommit.
20(11) Amend.
21(12) Main motion.
22(c) Non-debatable motions.--Non-debatable motions are:
23(1) Adjourn sine die.
24(2) Recess.
25(3) Recess temporarily within the same session day.
26(4) Previous question.
27(5) Lay on table.
28(6) Orders of the day.
29(7) Limit, close or extend limit on debate.
30(d) Motions which permit limited debate.--
1(1) On the motion to postpone, the question of
2postponement is open to debate, but the main question is not.
3(2) The motion to commit or recommit to committee is
4debatable as to the propriety of the reference, but the main
5question is not open to debate.
6(3) The motion to amend is debatable on the amendments
7only and does not open the main question to debate.
8(e) Seconding motions.--All motions except for the previous
9question, which shall be seconded by not less than four
10Senators, may be made without a second.
11(f) Recessing and convening.--
12(1) A motion to recess shall always be in order, except
13when on the call for the previous question, the main question
14shall have been ordered to be now put, or when a Member has
15the floor and shall be decided without debate.
16(2) A motion to recess, adopted and not having a
17reconvening time, the Senate will meet the following day at
1810:00 a.m.
19(3) The Senate shall not convene earlier than 8:00 a.m.
20unless the Senate adopts a motion that sets forth the need to
21convene earlier than 8:00 a.m.
22(4) The Senate shall not recess later than 11:00 p.m.
23each session day unless the Senate adopts a motion that sets
24forth the need to recess later than 11:00 p.m.
25(g) Motion for previous question.--Pending the consideration
26of any question before the Senate, a Senator may call for the
27previous question, and if seconded by four Senators, the
28President shall submit the question: "Shall the main question
29now be put?" If a majority vote is in favor of it, the main
30question shall be ordered, the effect of which shall cut off all
1further amendments and debate, and bring the Senate to a direct
2vote first upon the pending amendments and motions, if there be
3any, then upon the main proposition. The previous question may
4be ordered on any pending amendment or motion before the Senate.
5(h) Motion to lay on table.--The motion to lay on the table
6is not debatable and the effect of the adoption of this motion
7is to place on the table the pending question and everything
8adhering to it. Questions laid on the table remain there for the
9entire session unless taken up before the session closes.
10(i) Motion to take from table.--A motion to take from the
11table, a bill or other subject, is in order under the same order
12of business in which the matter was tabled. It shall be decided
13without debate or amendment.
14(j) Reconsideration.--
15(1) When a question has once been made and carried in
16the affirmative or negative, it shall be in order to move the
17reconsideration thereof. When the Senate has been equally
18divided on a question, or a bill shall have failed to pass,
19by reason of not having received the number of votes required
20by the Constitution, it shall be in order to move the
21reconsideration thereof.
22(2) Provided, however, that no motion for the
23reconsideration of any vote shall be in order after a bill,
24resolution, report, amendment or motion upon which the vote
25was taken shall have gone out of the possession of the
26Senate.
27(3) Provided, further, that no motion for
28reconsideration shall be in order unless made on the same day
29on which the vote was taken, or within the next five days of
30voting session of the Senate thereafter.
1(4) A motion to reconsider the same question a third
2time is not in order.
3(5) When a bill, resolution, report, amendment, order,
4or communication, upon which a vote has been taken, shall
5have gone out of the possession of the Senate and been sent
6to the House of Representatives or to the Governor, the
7motion to reconsider shall not be in order until a resolution
8has been passed to request the House or Governor to return
9the same and the same shall have been returned to the
10possession of the Senate.
11Rule 12. Bills.
12(a) Passage of bills.--
13(1) No law shall be passed except by bill, and no bill
14shall be so altered or amended, on its passage through either
15House, as to change its original purpose. (Const. Art. 3,
16Sec. 1)
17(2) No alteration or amendment shall be considered which
18is not appropriate and closely allied to the original purpose
19of the bill. If a bill has been amended after being reported
20by the Appropriations Committee and if the amendment may
21require the expenditure of Commonwealth funds or funds of a
22political subdivision or cause a loss of revenue to the
23Commonwealth or a political subdivision, the Appropriations
24Committee shall make a fiscal note reflecting the impact of
25the amendment available to the Senators.
26(b) Reference and printing.--No bill shall be considered
27unless referred to a committee, printed for the use of the
28members and returned therefrom. (Const. Art. 3, Sec. 2)
29(c) Form of bills.--No bill shall be passed containing more
30than one subject, which shall be clearly expressed in its title,
1except a general appropriation bill or a bill codifying or
2compiling the law or a part thereof. (Const. Art. 3, Sec. 3)
3(d) Consideration of bills.--Every bill shall be considered
4on three different days in each House. All amendments made
5thereto shall be printed for the use of the members before the
6final vote is taken on the bill and before the final vote is
7taken, upon written request addressed to the presiding officer
8of either House by at least twenty-five per cent of the Members
9elected to that House, any bill shall be read at length in that
10House. No bill shall become a law, unless on its final passage
11the vote is taken by yeas and nays, the names of the persons
12voting for and against it are entered on the Journal, and a
13majority of the Members elected to each House is recorded
14thereon as voting in its favor. (Const. Art. 3, Sec. 4)
15(e) Local and special bills.--No local or special bill shall
16be passed unless notice of the intention to apply therefor shall
17have been published in the locality where the matter or the
18thing to be effected may be situated, which notice shall be at
19least thirty days prior to the introduction into the General
20Assembly of such bill and in the manner to be provided by law;
21the evidence of such notice having been published, shall be
22exhibited in the General Assembly, before such act shall be
23passed. (Const. Art. 3, Sec. 7)
24(f) Revenue bills.--All bills for raising revenue shall
25originate in the House of Representatives, but the Senate may
26propose amendments as in other bills. (Const. Art. 3, Sec. 10)
27(g) Appropriation bills.--
28(1) The general appropriation bill shall embrace nothing
29but appropriations for the executive, legislative and
30judicial departments of the Commonwealth, for the public debt
1and for public schools. All other appropriations shall be
2made by separate bills, each embracing but one subject.
3(Const. Art. 3, Sec. 11)
4(2) No appropriation shall be made for charitable,
5educational or benevolent purposes to any person or community
6nor to any denomination and sectarian institution,
7corporation or association: Provided, That appropriations may
8be made for pensions or gratuities for military service and
9to blind persons twenty-one years of age and upwards and for
10assistance to mothers having dependent children and to aged
11persons without adequate means of support and in the form of
12scholarship grants or loans for higher educational purposes
13to residents of the Commonwealth enrolled in institutions of
14higher learning except that no scholarship, grants or loans
15for higher educational purposes shall be given to persons
16enrolled in a theological seminary or school of theology.
17(Const. Art. 3, Sec. 29)
18(h) Charitable and educational appropriations.--No
19appropriation shall be made to any charitable or educational
20institution not under the absolute control of the Commonwealth,
21other than normal schools established by law for the
22professional training of teachers for the public schools of the
23State, except by a vote of two-thirds of all the members elected
24to each House. (Const. Art. 3, Sec. 30)
25(i) Land transfer legislation.--
26(1) No bills granting or conveying Commonwealth land or
27taking title thereto shall be reported by any committee of
28the Senate unless there has been filed with the Secretary-
29Parliamentarian and the Chair of the Reporting Committee, a
30memorandum from the Department of General Services indicating
1the use to which the property is presently employed, the full
2consideration for the transfer, if any, a departmental
3appraisal of the property, including its valuation and a list
4of recorded liens and encumbrances, if any, the use to which
5the property will be employed upon its transfer, the date by
6which the land is needed for its new use, and the senatorial
7district or districts in which the land is located. The
8memorandum shall be filed within 60 days after a request is
9made for same and contain a statement by a responsible person
10in the Department of General Services indicating whether or
11not the departments involved favor the transfer which is the
12subject of the bill under consideration.
13(2) No amendment granting or conveying Commonwealth land
14or taking title thereto shall be considered by the Senate
15unless there has been filed with the Secretary-
16Parliamentarian and the Chair of the committee reporting the
17bill, a memorandum from the Department of General Services
18indicating the use to which the property is presently
19employed, the full consideration for the transfer, if any, a
20departmental appraisal of the property, including its
21valuation and a list of recorded liens and encumbrances, if
22any, the use to which the property will be employed upon its
23transfer, the date by which the land is needed for its new
24use, the senatorial district or districts in which the land
25is located and a statement by a responsible person in the
26Department of General Services indicating whether or not the
27departments involved favor the transfer which is the subject
28of the amendment under consideration. The sponsor of the
29amendment may request the memorandum from the Department of
30General Services.
1(j) Consideration - second regular session.--All bills,
2joint resolutions, resolutions, concurrent resolutions, or other
3matters pending before the Senate upon the recess of a first
4regular session convening in an odd-numbered year shall maintain
5their status and be pending before a second regular session
6convening in an even-numbered year but not beyond adjournment
7sine die or November 30th of such year, whichever first occurs.
8(k) Introduction.--All bills shall be introduced in
9quadruplicate. A sponsor may be added after a bill has been
10printed but the addition of sponsors shall not require that the
11bill be reprinted. All bills shall be examined by the
12Legislative Reference Bureau for correctness as to form and
13shall be imprinted with the stamp of the Bureau before being
14filed with the Secretary-Parliamentarian for introduction.
15(l) Character of bills to be introduced.--No Member shall
16introduce, nor shall any committee report any bill for the
17action of the Senate, proposing to legislate upon any of the
18subjects prohibited by Article III, section 32 of the
19Constitution.
20(m) Printing of amended bills.--
21(1) All bills reported or re-reported from committee, if
22amended by the committee, and all bills on the Calendar, if
23amended by the Senate, shall be reprinted and a new printer's
24number assigned thereto before any action is taken thereon.
25(2) No bill or joint resolution re-reported from
26committee as amended shall be voted on final passage until at
27least six hours have elapsed from the time of the committee
28report.
29(n) First consideration.--Bills on first consideration shall
30not be subject to amendment, debate or a vote thereon.
1(o) Second consideration.--Bills on second consideration may
2be subject to amendment, debate and a vote thereon.
3(p) Third consideration and final passage.--
4(1) The following apply:
5(i) Bills on third consideration may be amended and
6are subject to debate. Bills on final passage may not be
7amended but are open to debate. The vote on final passage
8shall be taken by a roll call. The names of the Senators
9voting for and against shall be recorded, entered in the
10Journal and posted on the Internet website maintained by
11the Senate. No bill shall be declared passed unless a
12majority of all Senators elected to the Senate shall be
13recorded as voting for the same.
14(ii) No bill which may require an expenditure of
15Commonwealth funds or funds of any political subdivision
16or cause a loss of revenue to the Commonwealth or any
17political subdivision shall be given third consideration
18on the Calendar until it has been referred to the
19Appropriations Committee and a fiscal note attached
20thereto.
21(iii) In obtaining the information required by these
22Rules, the Appropriations Committee may utilize the
23services of the Budget Office and any other State agency
24as may be necessary.
25(iv) No bills appropriating money for charitable or
26benevolent purposes shall be considered finally until
27after the general appropriation bill shall have been
28reported from committee.
29(2) The following apply:
30(i) It shall not be in order, by suspension of this
1Rule or otherwise, to consider a bill on final passage
2unless it is printed, together with amendments, if any,
3and made available to the Senators.
4(ii) No bill or joint resolution amended on third
5consideration shall be voted on final passage until at
6least six hours have elapsed from the time of adoption of
7the amendment.
8(q) Pre-filing of bills, joint resolutions and
9resolutions.--Any Senator or Senator-elect may file bills, joint
10resolutions and resolutions with the Secretary-Parliamentarian
11of the Senate commencing on December 15 of each even-numbered
12year. The Secretary-Parliamentarian of the Senate shall number
13the bills, joint resolutions and resolutions and shall have them
14available for distribution. Upon the naming of the committees of
15the Senate at the convening of a First Regular Session, the
16President Pro Tempore shall refer all prefiled measures to the
17proper committee within 14 calendar days.
18(r) Normal filing of bills, joint resolutions and
19resolutions.--Senators may introduce bills, joint resolutions
20and resolutions by filing the same with the Secretary-
21Parliamentarian of the Senate. The Secretary-Parliamentarian of
22the Senate shall number the bills, joint resolutions and
23resolutions and shall notify the President Pro Tempore of the
24fact of such filing.
25(s) Referral to committee by President Pro Tempore.--Every
26bill, joint resolution and resolution introduced by a Senator or
27received from the House of Representatives shall be referred by
28the President Pro Tempore to the appropriate committee within 14
29calendar days. Upon referral, the Secretary-Parliamentarian of
30the Senate shall deliver the bills, joint resolutions and
1resolutions to the committees to which they have been referred.
2The Secretary-Parliamentarian of the Senate shall have the
3bills, joint resolutions and resolutions available for
4distribution.
5Rule 13. Amendments.
6(a) When in order.--
7(1) Amendments shall be in order when a bill is reported
8or re-reported from committee, on second consideration and on
9third consideration. No amendments shall be received by the
10presiding officer or considered by the Senate which destroys
11the general sense of the original bill, or is not appropriate
12and closely allied to the original purpose of the bill. Any
13Member, upon request, must be furnished a copy of a proposed
14amendment and be given a reasonable opportunity to consider
15same before being required to vote thereon.
16(2) Amendments offered on the floor shall be read by the
17clerk and stated by the presiding officer to the Senate
18before being acted upon. Amendments shall be presented with
19at least four typewritten copies obtained through the
20Legislative Reference Bureau, which shall have the Sponsor
21identified. No amendment may be considered by the Senate
22until the Secretary-Parliamentarian of the Senate has posted
23the amendment on the Internet website maintained by the
24Senate.
25(3) Amendments to bills or other main motions or
26questions before the Senate may be tabled. When an amendment
27proposed to any bill or other main motion or question before
28the Senate is laid on the table, it shall not carry with it
29or prejudice the bill, main motion or question. A motion to
30take an amendment from the table shall only be in order if
1the bill or other main motion or question remains before the
2Senate for decision. The motion to take an amendment from the
3table is not debatable and shall have the same precedence as
4the motion to amend.
5(b) Amendments reconsidering-revert to prior print.--
6Amendments adopted or defeated may not be again considered
7without reconsidering the vote by which said amendments were
8adopted or defeated, unless a majority vote of the Senators
9present shall decide to revert to a prior printer's number. If
10such a motion is made to a bill on third consideration and
11carried it shall not be in order to vote on the final passage of
12said bill until a copy of the reverted printer's number is made
13available to the Senators.
14(c) Concurrence in House amendments.--
15(1) The following apply:
16(i) No amendments to bills by the House shall be
17concurred in by the Senate, except by the vote of a
18majority of the Members elected to the Senate, taken by
19yeas and nays. (Const. Art. 3, Sec. 5)
20(ii) If a bill on concurrence contains an amendment
21which may require the expenditure of Commonwealth funds
22or funds of a political subdivision or cause a loss of
23revenue to the Commonwealth or a political subdivision,
24the bill may not be voted finally until a fiscal note
25reflecting the impact of the amendment is made available
26to the Senators.
27(2) The following apply:
28(i) Any bill or resolution containing House
29amendments which is returned to the Senate shall be
30referred to the Committee on Rules and Executive
1Nominations immediately upon the reading of the
2communication by the clerk. The consideration of any bill
3or resolution containing House amendments may include the
4amendment of House amendments only by the Committee on
5Rules and Executive Nominations. The vote on concurring
6in amendments by the House to bills or resolutions
7amended by the House shall not be taken until said bills
8or resolutions have been favorably reported, as committed
9or as amended, by the Committee on Rules and Executive
10Nominations and have been placed on the desks of the
11Senators and particularly referred to on their calendars.
12(ii) Unless the Majority Leader and the Minority
13Leader shall agree otherwise, the offering of an
14amendment to House amendments in the Committee on Rules
15and Executive Nominations shall not be in order until at
16least one hour after the filing of a copy of the
17amendment as prepared by the Legislative Reference Bureau
18with the office of the Secretary-Parliamentarian. Upon
19the filing of such an amendment, the Secretary-
20Parliamentarian shall immediately time stamp the
21amendment and forward a time-stamped copy of the
22amendment to the offices of the Majority Leader and the
23Minority Leader. Except as provided in this subsection,
24it shall not be in order to suspend or otherwise waive
25the requirements of this subsection.
26Rule 14. Committees.
27(a) Standing committees.--
28(1) There shall be the following permanent Standing
29Committees, the Chair, the Vice-Chair and members thereof to
30be appointed by the President Pro Tempore as soon as possible
1after the election of the President Pro Tempore in sessions
2convening in odd-numbered years or such other times as may be
3necessary. The composition of each Standing Committee shall
4reasonably reflect the caucus composition of the Senate
5membership.
6Aging and Youth -- 10 members
7Agriculture and Rural Affairs -- 10 members
8Appropriations -- 23 members
9Banking and Insurance -- 13 members
10Communications and Technology -- 10 members
11Community, Economic and Recreational Development --
1213 members
13Consumer Protection and Professional Licensure -- 13
14members
15Education -- 10 members
16Environmental Resources and Energy -- 10 members
17Finance -- 10 members
18Game and Fisheries -- 10 members
19Intergovernmental Operations -- 10 members
20Judiciary -- 13 members
21Labor and Industry -- 10 members
22Law and Justice -- 10 members
23Local Government -- 10 members
24Public Health and Welfare -- 10 members
25Rules and Executive Nominations -- 16 members
26State Government -- 10 members
27Transportation -- 13 members
28Urban Affairs and Housing -- 10 members
29Veterans' Affairs and Emergency Preparedness -- 10
30members
1Subcommittees
2(2) Each standing committee or the chair thereof may
3appoint, from time to time, a subcommittee to study or
4investigate a matter falling within the jurisdiction of the
5standing committee or to consider a bill or resolution
6referred to it. A Subcommittee may hold public hearings only
7with the prior permission of its standing committee.
8Subcommittees shall be regulated by the Senate Rules of
9Procedure and shall be in existence for only that time
10necessary to complete their assignments and report to their
11standing committees.
12(b) Members-ex-officio.--
13(1) The President Pro Tempore shall be an ex-officio
14voting Member of all standing committees and any
15subcommittees that may be established and shall not be
16included in the number of committee members herein provided.
17However, the President Pro Tempore shall not be an ex-officio
18Member of the Committee on Ethics and Official Conduct.
19(2) The Majority Leader and the Minority Leader shall
20each be an ex-officio member of the Committee on
21Appropriations and shall not be included in the number of
22members of the committee provided herein.
23(3) The Majority Leader shall serve as Chair of the
24Committee on Rules and Executive Nominations and the Minority
25Leader shall serve as the Minority Chair.
26(c) Committees' function between sessions.--Standing
27committees shall exist and function both during and between
28sessions. Such power shall not extend beyond November 30th of
29any even-numbered year.
30(d) Powers and responsibilities.--Standing committees are
1authorized:
2(1) To maintain a continuous review of the work of the
3Commonwealth agencies concerned with their subject areas and
4the performance of the functions of government within each
5such subject area, and for this purpose to request reports
6from time to time, in such form as the standing committee
7shall designate, concerning the operation of any Commonwealth
8agency and presenting any proposal or recommendation such
9agency may have with regard to existing laws or proposed
10legislation in its subject area. The standing committee is
11authorized to require public officials and employees and
12private individuals to appear before the standing committee
13for the purpose of submitting information to it.
14(2) In order to carry out its duties, each standing
15committee is empowered with the right and authority to
16inspect and investigate the books, records, papers,
17documents, data, operation, and physical plant of any public
18agency in this Commonwealth.
19(3) In order to carry out its duties, each standing
20committee may issue subpoenas, subpoenas duces tecum and
21other necessary process to compel the attendance of witnesses
22and the production of any books, letters or other documentary
23evidence desired by the committee. The chair may administer
24oaths and affirmations in the manner prescribed by law to
25witnesses who shall appear before the committee to testify.
26(e) Notice of meetings.--
27(1) The following apply:
28(i) The chair of a committee, or, in the absence of
29the chair, the vice-chair, with the approval of the
30chair, shall provide each member of the committee with
1written notice of committee meetings, which shall include
2the date, time and location of the meeting and the number
3of each bill, resolution or other matter which may be
4considered. During session, notice of meetings of
5standing committees shall be published daily. Notice
6shall be delivered by the chair to the Secretary-
7Parliamentarian's office in writing by the end of the
8session on the day preceding its intended publication.
9(ii) Whenever the chair of any standing committee
10shall refuse to call a regular meeting, then a majority
11plus one of the members of the standing committee may
12vote to call a meeting by giving two days' written notice
13to the Secretary-Parliamentarian of the Senate, setting
14the time and place for such meeting. Such notice shall be
15read in the Senate and the same posted by the Secretary-
16Parliamentarian in the Senate. Thereafter, the meeting
17shall be held at the time and place specified in the
18notice. In addition, any such meeting shall comply with
19all provisions of 65 Pa.C.S. Ch. 7 (relating to open
20meetings) relative to notice of meetings.
21(iii) When the majority plus one of the members of a
22standing committee believe that a certain bill or
23resolution in the possession of the standing committee
24should be considered and acted upon by such committee,
25they may request the chair to include the same as part of
26the business of a committee meeting. Should the chair
27refuse such request, the membership may require that such
28bill be considered by written motion made and approved by
29a majority plus one vote of the entire membership to
30which the committee is entitled.
1(2) A committee meeting, or hearing for which notice has
2not been published as provided in section 6(a), may be held
3during a session only if approval is granted by the Majority
4and Minority Leaders and if notice of the bills to be
5considered is given during session.
6(f) Bills recommitted.--Any bill or resolution reported by
7any standing committee without prior notice having been given as
8required by these Rules shall be recommitted to the committee
9reporting the same.
10(g) Public meetings or hearings.--
11(1) The following apply:
12(i) The chair of a standing committee may hold
13hearings open to the public and in doing so shall make a
14public announcement in writing prior to the date of the
15hearing of the date and time, the location and the
16subject matter of the hearing.
17(ii) The chair of a standing committee shall have
18the power to designate whether or not a meeting of the
19committee for the purpose of transacting committee
20business shall be open to the public or shall be held in
21executive session and therefore closed to the public, but
22no matters may be considered in executive session for
23which an open meeting is required under 65 Pa.C.S. Ch. 7
24(relating to open meetings).
25(2) All standing committees may have their hearings
26reported and transcribed if payment for such service is being
27made from committee funds. If payment is expected to be made
28from a source other than committee funds, approval must be
29first obtained from the President Pro Tempore.
30(h) Quorum of committee.--A committee is actually assembled
1only when a quorum constituting a majority of the members of
2that committee is present in person. A majority of the quorum of
3the whole committee shall be required to report any bill,
4resolution or other matter to the floor for action by the whole
5Senate.
6(i) Quorum of subcommittee.--A subcommittee is actually
7assembled only when a quorum constituting a majority of the
8members of that subcommittee is present in person. A majority of
9the quorum of the whole subcommittee shall be required to report
10any bill, resolution or other matter to the committee.
11(j) Discharging committees.--
12(1) No standing committee shall be discharged from
13consideration of any bill, resolution or other matter within
14ten legislative days of its reference to committee without
15the unanimous consent of the Senate or after such ten-day
16period except by majority vote of all members elected to the
17Senate.
18(2) Such discharge shall be by resolution which shall
19lie over one day for consideration upon introduction and
20which may be considered under the Order of Business of
21Resolutions on the Calendar.
22Rule 15. Committee officers.
23(a) Chair-ex-officio.--The Chair of each standing committee
24shall be ex-officio a member of each subcommittee that may be
25established as part of the standing committee, with the right to
26attend meetings of the subcommittee and vote on any matter
27before the subcommittee.
28(b) Calling committee to order.--The Chair, or, if
29authorized by the Chair, the Vice-Chair shall call the committee
30to order at the hour provided by these Rules. Upon the
1appearance of a quorum, the committee shall proceed with the
2order of business. Any member of the committee may question the
3existence of a quorum.
4(c) Chair control of the committee room.--The Chair, or, if
5authorized by the Chair, the Vice-Chair shall preserve order and
6decorum and shall have general control of the committee room. In
7case of a disturbance or disorderly conduct in the committee
8room, the Chair, or, if authorized by the Chair, the Vice-Chair
9may cause the same to be cleared. The use of cell phones and
10similar portable communication devices within any Senate
11committee room by other than members of the Senate or their
12staffs is strictly prohibited.
13(d) Chair's authority to sign documents and decide questions
14of order.--The Chair shall sign all notices, vouchers, subpoenas
15or reports required or permitted by these Rules. The Chair shall
16decide all questions of order relative to parliamentary
17procedure, subject to an appeal by any member of the committee.
18(e) Vote of Chair, Vice-Chair.--The Chair and Vice-Chair
19shall vote on all matters before such committee provided that
20the name of the Chair shall be called last.
21(f) Performance of duties by Vice-Chair.--Upon the death of
22the Chair, the Vice-Chair shall perform the duties of the office
23until and unless the President Pro Tempore shall appoint a
24successor. Upon and during disability, or incapacity of the
25Chair, the Vice-Chair shall perform the Chair's duties.
26(g) Chair's duty to report.--The Chair shall report any bill
27to the floor of the Senate not later than the second legislative
28day after the committee's vote to report it.
29Rule 16. Committee members.
30Members, attendance and voting shall be as follows:
1(1) Every member of a committee shall be in attendance
2during each of its meetings, unless excused or necessarily
3prevented, and shall vote on each question, except that no
4member of a committee shall be required or permitted to vote
5on any questions immediately concerning that member's direct
6personal, private or pecuniary interest.
7(2) The Chair may excuse any Senator for just cause from
8attendance during the meetings of the committee for any
9stated period.
10(3) Any member of a committee who is otherwise engaged
11in legislative duties may have the member's vote recorded on
12bills, resolutions or other matters pending before the
13committee by communicating in writing to the Chair the
14inability to attend and the manner in which the member
15desires to be voted on bills, resolutions or other matters
16pending before the committee.
17Rule 17. Committee voting.
18Taking the vote shall be as follows:
19(1) The Chair shall announce the results of all votes to
20report a bill or resolution or a vote regarding an executive
21nomination. All votes shall be open to the public and shall
22be posted on the Internet website maintained by the Senate
23within 24 hours.
24(2) In all cases where the committee vote shall be
25equally divided, the question falls.
26Rule 18. Motions in committees.
27All motions made in committee shall be governed and take the
28same precedence as those set forth in these Rules.
29Rule 19. Conference Committees.
30(a) Composition.--The President Pro Tempore shall appoint
1three Senators to comprise a Committee of Conference. Two shall
2be from the majority party and one from the minority party.
3(b) Deliberations.--The deliberations of the committee shall
4be confined to the subject of difference between the two Houses,
5unless both Houses shall direct a free conference.
6(c) Report of Conference Committee.--
7(1) The report of a Committee of Conference shall be
8prepared in triplicate by the Legislative Reference Bureau
9and shall be signed by the members or a majority of the
10members of each committee comprising the Committee of
11Conference. Every report of a Committee of Conference shall
12be printed together with the bill as amended by the
13committee, made available to the Senators and shall be
14particularly referred to on their calendars before action
15shall be taken on such report. No report of a Committee of
16Conference may be adopted by the Senate until at least six
17hours have elapsed from the time of adoption of the report by
18the Committee of Conference.
19(2) A report of a Committee of Conference which requires
20the expenditure of Commonwealth funds or funds of a political
21subdivision or causes a loss of revenue to the Commonwealth
22or a political subdivision shall have a fiscal note attached
23before the report is finally adopted by the Senate.
24(d) Adoption of Conference Committee report.--Reports of
25committees of conference shall be adopted only by the vote of a
26majority of the members elected to the Senate, taken by yeas and
27nays. (Const. Art. 3, Sec. 5)
28Rule 20. Voting.
29(a) Senators must be present.--Every Senator shall be
30present within the Senate Chamber during the sessions of the
1Senate, and shall be recorded as voting on each question stated
2from the Chair which requires a roll call vote unless the
3Senator is on leave, is duly excused or is unavoidably prevented
4from attending session. The refusal of any Senator to vote as
5provided by this Rule shall be deemed a contempt of the Senate.
6(b) Voting required.--Except as may be otherwise provided by
7this Rule, no Senator shall be permitted to vote on any question
8unless the Senator is present in the Senate Chamber at the time
9the roll is being called, or prior to the announcement of the
10vote, unless the following applies:
11(1) Capitol leave.--A Senator who is performing a
12legislative duty in the Harrisburg area, which is defined in
13the Financial Operating Rules of the Senate as within Dauphin
14County or otherwise within a 10-mile radius of the Capitol,
15may, upon request during session, be granted a Capitol Leave
16by the Senate and may be voted by the Senator's respective
17floor leader. A specific reason for the Capitol Leave must be
18given in writing by the Senator. The Capital Leave request
19shall be communicated to the Senator's respective floor whip
20for transmission to the respective floor leader prior to the
21beginning of a roll call vote. All written Capitol Leave
22requests shall be transmitted by the respective floor leaders
23to the Secretary-Parliamentarian of the Senate for retention
24in accordance with Rule 6(c)(3) within 24 hours of the
25conclusion of the legislative day in which leave was
26requested.
27(2) Legislative leave.--A Senator who is performing a
28legislative duty outside of the Harrisburg area may, upon
29request during session, be granted a Legislative Leave by the
30Senate and may be voted by the Senator's respective floor
1leader. A specific reason for the Legislative Leave must be
2given in writing by the Senator. The Legislative Leave
3request shall be communicated to the Senator's respective
4floor whip for transmission to the respective floor leader
5prior to the beginning of a roll call vote. All written
6Legislative Leave requests shall be transmitted by the
7respective floor leaders to the Secretary-Parliamentarian of
8the Senate for retention in accordance with Rule 6(c)(3)
9within 24 hours of the conclusion of the legislative day in
10which leave was requested.
11(3) Military leave.--A Senator who is on active duty or
12in training with a reserve component of the armed forces of
13the United States or the Pennsylvania National Guard or Air
14National Guard may be granted a military leave. A Senator
15requesting military leave shall submit a leave request to the
16Senator's respective floor leader who shall transmit the
17request to the Secretary-Parliamentarian of the Senate on
18behalf of the Senator requesting leave within 24 hours of the
19conclusion of the legislative day in which leave was
20requested.
21(4) Personal leave.--A Senator who is absent for any
22purpose other than those set forth in these Rules may be
23granted a personal leave. A Senator on personal leave shall
24not be voted on any question before the Senate or on any
25question before any committee of the Senate. A Senator
26requesting personal leave shall submit a leave request to the
27Senator's respective floor leader who shall transmit the
28request to the Secretary-Parliamentarian of the Senate on
29behalf of the Senator requesting leave within 24 hours of the
30conclusion of the legislative day in which leave was
1requested.
2(c) Excused from voting.--
3(1) A Senator desiring to be excused from voting due to
4a direct, personal, private or pecuniary interest in any
5question or bill proposed or pending before the Senate, shall
6seek a ruling from the presiding officer.
7(2) Senators who seek a ruling on whether they have a
8direct, personal, private or pecuniary interest in any
9question or bill proposed or pending before the Senate shall,
10after the Senator is recognized by the presiding officer,
11make a brief statement of the reasons for making the request
12and ask the presiding officer to decide whether or not the
13Senator must vote. The question shall be decided by the
14presiding officer without debate.
15(d) Changing vote.--No Senator may vote or change a vote
16after the result is announced by the Chair. Before the
17announcement of the final result, however, a Senator may change
18a vote, or may vote, if previously absent from the Chamber.
19Should a Senator be erroneously recorded on any vote, the
20Senator may at any time, with the permission of the Senate, make
21a statement to that effect which shall be entered in the
22Journal. Similarly, should the Senator be absent when a vote is
23taken on any question, the Senator may later, with the
24permission of the Senate, make a statement for entry upon the
25Journal, indicating how the Senator would have voted had the
26Senator been present when the roll was taken and the reasons
27therefor shall be submitted in writing or delivered orally not
28to exceed five minutes.
29(e) Persons allowed at desk during roll call.--No Senator or
30other person, except the Majority or Minority Leader or other
1persons designated by them, shall be permitted at the Reading
2Clerk's desk during the recording, counting or verification of a
3roll call vote.
4(f) Two-thirds vote.--When bills or other matters which
5require a two-thirds vote are under consideration, the
6concurrence of two-thirds of all the Senators elected shall not
7be requisite to decide any question or amendment short of the
8final question and on any question short of the final one, a
9majority of Senators voting shall be sufficient to pass the
10same.
11(g) Majority vote defined.--A majority of the Senators
12elected shall mean a majority of the Senators elected, living,
13sworn and seated.
14(h) Majority vote.--When bills or other matters which
15require a vote of the majority of Senators elected are under
16consideration, the concurrence of a majority of all the Senators
17elected shall not be requisite to decide any question or
18amendment short of the final question; and, on any question
19short of a final one, a majority of Senators voting shall be
20sufficient to pass the same.
21(i) Announcement of vote.--Upon completion of a roll call
22vote or a voice vote the result shall be announced immediately
23unless the Majority or Minority Leader requests a delay.
24(j) Explanation of vote.--Any Senator may, with the consent
25of the Senate, make an explanation of a vote on any question and
26have the explanation printed in the Journal.
27(k) Tie vote.--In the case of a tie vote, the President of
28the Senate may cast a vote to break the tie so long as by doing
29so it does not violate any provisions of the Constitution of
30Pennsylvania. In the event there is a tie vote on a question
1requiring a constitutional majority, the question falls.
2(l) Verifying vote.--Any Senator may demand a verification
3of a vote immediately upon the completion of a roll call or
4after the announcement of the vote by the presiding officer. In
5verifying a vote, the Clerk shall first read the affirmative
6roll at which time any additions or corrections shall be made.
7Upon the completion and verification of the affirmative roll
8call, the Clerk shall proceed with the reading of the negative
9roll at which time any additions or corrections shall be made.
10Upon the completion and verification of the negative roll call,
11the roll call shall be declared verified. It shall not be in
12order for a Senator to change a vote after the verified roll
13call is announced. A demand for a verification shall not be in
14order when all Senators vote one way. The demand for a
15verification of a vote is not debatable.
16(m) Voice vote.--Unless otherwise ordered or demanded, a
17voice vote may be taken. Any Senator who doubts the accuracy of
18a voice vote may demand a roll call vote. Such request must be
19made immediately upon the announcement of the vote by the
20presiding officer and shall not be in order after other business
21has intervened. The demand for a verification of a voice vote
22shall not be in order.
23Rule 21. Correspondents.
24(a) Admission to Senate Press Gallery.--Admission to the
25Senate Press Gallery shall be limited to members in good
26standing of the Pennsylvania Legislative Correspondents'
27Association and to other members of the press as determined by
28the President Pro Tempore. Seating shall be available on a
29first-come-first-served basis.
30(b) Photographs in Senate Chamber.--
1(1) Photographers may be authorized by the President Pro
2Tempore to take still photographs in the Senate.
3(2) No still photographs shall be taken in the Senate
4during sessions without prior notice to the Senators. When
5possible, such notice shall be given at the beginning of the
6session during which the still photographs are scheduled to
7be taken.
8(c) Order and decorum of press.--
9(1) Persons seated in the Senate Press Gallery shall be
10dressed appropriately and shall, at all times, refrain from
11loud talking or causing any disturbance which tends to
12interrupt the proceedings of the Senate.
13(2) Persons seated in the Senate Press Gallery shall not
14walk onto the floor of the Senate nor approach the rostrum or
15the clerk's desk during session or while being at ease.
16Rule 22. Radio and television.
17(a) Filming, videotaping, televising and broadcasting.--
18Filming, videotaping, televising or broadcasting of Senate
19sessions shall be permitted as provided in these Rules.
20(b) Broadcasting session.--Nothing in this Rule shall be
21construed to prohibit any licensed radio station or television
22station from broadcasting a session from the Senate or any part
23thereof provided that the signal originates from the Senate-
24operated audio-visual system which transmits Senate session
25activity to the offices in the Main Capitol and environs.
26Rule 23. Video feed and audio feed.
27(a) Responsibilities of the Chief Clerk.--
28(1) The Chief Clerk of the Senate, in consultation with
29the Secretary-Parliamentarian of the Senate, shall provide a
30video feed and an audio feed of Senate floor activity.
1(2) The Chief Clerk of the Senate shall be responsible
2for the acquisition, installation and maintenance of
3equipment required to provide the video feed and the audio
4feed, and for the continued development and operation of the
5feeds, including the hiring of the necessary personnel.
6(3) All equipment required to produce the video feed and
7audio feed shall be operated by Senate personnel. Nothing in
8any contract entered into by the Office of the Chief Clerk
9regarding installation or maintenance of equipment shall
10permit any control over the video cameras and microphones in
11the Senate Chamber to be exercised by anyone but the
12appropriate Senate officers and employees.
13(b) Sessions provided free of charge.--
14(1) Continuous broadcast of Senate sessions shall be
15provided free of charge to any licensed television station,
16radio station or cable television outlet and shall further be
17available through the Senate's website.
18(2) The Senate Committee on Management Operations may
19authorize providing the video feed and audio feed free of
20charge to other entities.
21(c) Funding.--Funding for the implementation and operation
22of the broadcasting system shall be provided through Senate
23appropriations as designated by the President Pro Tempore.
24(d) Scope of video and audio feeds.--
25(1) The video feed and audio feed shall provide a
26complete, unedited record of what is said on the floor of the
27Senate and shall be free from commentary.
28(2) To the extent possible, only the presiding officer
29and the persons actually speaking shall be covered by the
30video cameras and microphones.
1(3) During roll call votes and other votes, the video
2cameras shall be focused on the presiding officer or the
3appropriate clerks until the announcement of the vote
4tabulation by the presiding officer.
5(4) During recesses of the Senate or when the Senate is
6at ease, the video feed and audio feed shall be turned off.
7(e) Restrictions on video and audio feeds.--
8(1) The video feed and audio feed, and any television or
9radio coverage thereof, shall not be made available or used
10for political or campaign purposes, whether in paid political
11advertisements or otherwise. Use of the video feed and audio
12feed shall be subject to all Federal and State laws relating
13to elections and campaign practices.
14(2) The video feed and audio feed, and any television or
15radio coverage thereof, shall not be used in any commercial
16advertisement.
17(3) Any live coverage of the Senate shall be without and
18presented without any commercial sponsorship, except when it
19is part of a bona fide news program or public affairs
20program.
21(4) The President Pro Tempore or any other presiding
22officer shall be prohibited from ordering, without consent of
23the Senate, that any segment of a floor session not be
24broadcast or recorded.
25(5) Except as provided in this paragraph, the President
26Pro Tempore, any other presiding officer and any Senator,
27officer or employee of the Senate shall be prohibited from
28editing any portion of the video feed and audio feed
29described in this Rule. A Senator may post a video clip or
30audio clip of Senate session on an Internet website or
1provide a video clip or audio clip of Senate session for any
2television broadcast as long as the clip exclusively features
3the Senator who is posting or providing the clip.
4(f) Other recording prohibited.--
5(1) Except as provided in this Rule, any recording,
6filming, videotaping, broadcasting or distribution of any
7session of the Senate, or any part thereof, in any form
8whatsoever is prohibited.
9(2) Nothing in this Rule shall be construed to prohibit
10any licensed radio station from broadcasting a session from
11the Senate or any part thereof provided that the signal
12originates from the Senate-operated sound system which
13transmits Senate session activity to the offices in the Main
14Capitol and environs.
15(g) Violations.--Any violation of this Rule shall be dealt
16with as directed by the Committee on Rules and Executive
17Nominations.
18(h) Official record.--The video feed and audio feed provided
19by the Senate shall not constitute an official record of Senate
20actions. The official record of Senate actions shall be
21contained in the Journals prepared by the Secretary-
22Parliamentarian of the Senate and approved by the Senate.
23Rule 24. Who privileged to the floor of the Senate.
24(a) Admission during session.--With the exception of the
25Senate Gallery and the Senate Press Gallery, no person shall be
26admitted within the Senate Chamber during Senate sessions,
27unless invited by the President Pro Tempore or the Majority or
28Minority Leaders. During session, authorized staff with access
29to the Senate Chamber shall be limited and shall be restricted
30to the area immediately adjacent to the Majority and Minority
1Leaders' desks. Advice to Senators during debate shall be
2allowed only when the Senator is using the microphones at the
3leaders' desks.
4(b) Rear entrance closed during session.--No person or
5persons shall, during a session, be permitted to enter through
6the front or rear door of the Senate Chamber nor be present in
7the rooms immediately to the rear of the Senate Chamber except
8for Senators, officers and employees expressly authorized.
9(c) Telephone facilities.--No person or persons other than
10Senators or their staff shall, at any time, be permitted to use
11the telephone facilities in or adjacent to the Senate Chamber.
12Rule 25. Rules.
13(a) Force and effect.--These Rules shall be in full force
14and effect until altered, changed, amended or repealed as
15provided herein.
16(b) Dispensing with Rules.--The consent of a majority of the
17Senators elected shall be necessary to suspend any Rule.
18(c) Voting for altering, changing or amending rules.--The
19consent of a majority of the Senators elected shall be necessary
20to alter, change or amend these Rules.
21(d) Alteration, change or amendment of rules by
22resolution.--All alterations, changes or amendments to Senate
23Rules shall be by resolution which shall not be considered
24unless first referred to and reported from the Rules Committee.
25Rule 26. Mason's Manual of Legislative Procedure to govern
26Senate.
27The Rules of Parliamentary Practice comprised in Mason's
28Manual of Legislative Procedure shall govern the Senate in all
29cases to which they are applicable, and in which they are not
30inconsistent with the Standing Rules, Prior Decisions and Orders
1of the Senate.
2Rule 27. Quorum.
3(a) Majority constitutes a quorum.--A majority of Senators
4elected shall constitute a quorum, but a smaller number may
5adjourn from day to day, and compel the attendance of absent
6members. (Const. Art. 2, Sec. 10)
7(b) When less than a quorum is present.--When, upon a call,
8which may be demanded by not less than four Senators, it is
9found that less than a quorum is present, it shall be the duty
10of the presiding officer to order the doors of the Senate to be
11closed, and to direct the clerk to call the roll of the Senate
12and note the absentees after which the names of the absentees
13shall be again called. A Senator whose absence is not excused,
14or an insufficient excuse is made, may by order of a majority of
15the Senators present be sent for and taken into custody by the
16Sergeant-at-Arms, or assistant sergeants-at-arms appointed for
17the purpose. Any unexcused Senator shall be brought before the
18bar of the Senate, where the Senator, unless excused by a
19majority of the Senators present, shall be publicly reprimanded
20by the presiding officer for neglect of duty.
21(c) When less than a quorum vote but present.--When less
22than a quorum vote upon any subject under the consideration of
23the Senate, not less than four Senators may demand a call of the
24Senate, when it shall be the duty of the presiding officer to
25order the doors of the Senate to be closed and the roll of the
26Senators to be called. If it is ascertained that a quorum is
27present, either by answering to their names, or by their
28presence in the Senate, the presiding officer shall again order
29the yeas and nays; and, if any Senator present refuses to vote,
30the name or names of such Senator shall be entered on the
1Journal as "Present but not voting." Such refusal to vote shall
2be deemed a contempt; and, unless purged, the presiding officer
3shall direct the Sergeant-at-Arms to bring the Senator before
4the bar of the Senate, where the Senator shall be publicly
5reprimanded by the presiding officer.
6Rule 28. Executive nominations.
7(a) Presentation and reference.--
8(1) All nominations by the Governor or the Attorney
9General shall be submitted to the Secretary-Parliamentarian
10of the Senate. All nominees shall file the financial
11statements required pursuant to 65 Pa.C.S. Ch. 11 (relating
12to ethics standards and financial disclosure) with the
13Secretary-Parliamentarian of the Senate. Copies of the
14nominations and financial statements shall be furnished by
15the Secretary-Parliamentarian of the Senate to the Majority
16and Minority Caucus Secretaries or their designees.
17(2) Nominations shall, after being read, without a
18motion, be referred by the presiding officer to the Committee
19on Rules and Executive Nominations. After having been
20reported by the committee, the final question on every
21nomination shall be: "Will the Senate advise and consent to
22this nomination?"
23(3) The Chair of the Committee on Rules and Executive
24Nominations shall designate an appropriate standing committee
25of the Senate to conduct a public hearing for nominees that
26have Statewide jurisdiction and to which salaries are
27attached. The Committee on Rules and Executive Nominations
28shall refer those nominees to the designated committee for
29the purpose of holding a public hearing to scrutinize the
30qualifications of nominees and to report back its
1recommendations. Public hearings may be held for nominees for
2any other office.
3(b) Information concerning nominations.--All information,
4communication or remarks made by a Senator when acting upon
5nominations in committee, concerning the character or
6qualifications of the person nominated, may be kept
7confidential. If, however, charges shall be made against a
8person nominated, the committee may, in its discretion, notify
9the nominee, but the name of the person making such charges
10shall not be disclosed.
11(c) Consideration.--When the consideration of executive
12nominations is reached in the order of business, a Senator may
13make a motion to go into executive session for the purpose of
14confirming the nominations which have been reported from
15committee; and on the motion being agreed to, the nomination or
16nominations shall be considered until finally disposed of,
17unless the same shall be postponed by a majority of the Senate.
18(d) Executive session.--When in executive session, no
19communication shall be received from the Governor, unless it be
20relative to the nomination under consideration, nor from the
21House of Representatives, nor shall any other business.
22(e) Reconsideration.--When a nomination is confirmed or
23rejected by the Senate, any Senator may move for a
24reconsideration on the same day on which the vote was taken, or
25on either of the next two days of voting session of the Senate;
26but if a notification of the confirmation or rejection of a
27nomination shall have been sent to the Governor before the
28expiration of the time within which a motion to reconsider may
29be made, the motion to reconsider shall be accompanied by a
30motion to request the Governor to return such notification to
1the Senate. A motion to reconsider the vote on a nomination may
2be laid on the table without prejudice to the nomination.
3Rule 29. Resolutions.
4(a) Introduction.--All resolutions, Senate and concurrent,
5shall be introduced by presenting four copies of the Resolution,
6with the sponsor identified, to the presiding officer.
7(b) Consideration.--The following resolutions, after being
8read, shall be referred to an appropriate committee without
9debate unless by unanimous consent the Senate shall otherwise
10direct and, if favorably reported by the committee, shall lie
11over one day for consideration, after which they may be called
12up as, of course, under their appropriate order of business:
13(1) All Senate and House concurrent resolutions,
14excepting resolutions in reference to adjournment sine die,
15recesses and those recalling bills from the Governor, which
16shall be regarded as privileged.
17(2) Resolutions containing calls for information from
18the heads of departments, or to alter the Rules.
19(3) Resolutions giving rise to debate, except those that
20relate to the disposition of matters immediately before the
21Senate, those that relate to the business of the day on which
22they were offered, and those that relate to adjournment sine
23die or a recess.
24(c) Printing in Senate History.--
25(1) Congratulatory and condolence resolutions shall be
26given to the Secretary-Parliamentarian and shall be
27considered under the order of unfinished business in the
28daily order of business.
29(2) All resolutions shall be adopted by a majority vote
30of the Senators present except as specifically provided for
1in these Rules.
2(d) Joint Resolutions.--
3(1) Joint Resolutions shall be limited to constitutional
4amendments and shall be adopted by a vote of a majority of
5the Senators elected to the Senate.
6(2) A Joint Resolution when passed by both Houses shall
7not be transmitted to the Governor for approval or
8disapproval but shall be filed in the Office of the Secretary
9of the Commonwealth in accordance with Article XI, Section 1
10of the Constitution of Pennsylvania.
11Rule 30. General access to the Senate Floor prohibited.
12The Secretary-Parliamentarian of the Senate shall cause the
13doors to the Senate Floor to be closed to all persons except
14those who are entitled to access under the Rules of the Senate.
15On days when the Senate is not in session, access to the Senate
16Floor by any person not connected with the Senate is prohibited.
17Other than the Senator, no person shall be permitted to occupy
18the seat of a Senator at any time.
19Rule 31. Veto.
20(a) Passing over veto.--When any bill is not approved by the
21Governor, he shall return it with his objection to the House in
22which such bill originated. Thereupon such House shall enter the
23objections upon their Journal and proceed to reconsider it. If
24after such reconsideration, two-thirds of all the Members
25elected to that House shall agree to pass the bill, it shall be
26sent with the objections to the other House by which likewise it
27shall be reconsidered, and, if approved by two-thirds of all the
28members elected to that House, it shall become a law. (Const.
29Art. 4, Sec. 15)
30(b) Consideration during second regular session.--A bill
1vetoed in a first regular session and not finally acted upon may
2be brought up for consideration in a second regular session.
3Rule 32. Division of a question.
4Any Senator may call for a division of a question by the
5Senate if the question includes points so distinct and separate
6that, one of them being taken away, the other will stand as a
7complete proposition. The motion to strike out and insert is
8indivisible.
9Rule 33. Coordination with other Senate Rules.
10Any use of Senate resources or time shall be governed by the
11Financial Operating Rules and the Ethical Conduct Rules of the
12Senate.
13Rule 34. Committee on Ethics.
14(a) Composition.--In addition to the committees created by
15Rule 14, there shall be a Senate Committee on Ethics which shall
16be composed of six members appointed by the President Pro
17Tempore. Three members shall be of the Majority Party and three
18members shall be of the Minority Party. The Minority Party
19members will be appointed on the recommendation of the Minority
20Leader.
21(b) Organization.--The Senate Committee on Ethics shall be
22organized as follows:
23(1) The President Pro Tempore shall appoint one of the
24Majority Party members as Chair and, on the recommendation of
25the Minority Leader, one of the Minority Party members as
26Vice-Chair. A quorum for this committee shall be four members
27and the committee shall have such duties, powers, procedure
28and jurisdiction as are prescribed and authorized in this
29Rule.
30(2) The chair shall notify all members of the committee
1at least 24 hours in advance of the date, time and place of a
2meeting. Whenever the chair shall refuse to call a meeting, a
3majority of the committee may call a meeting by giving two
4days' written notice to the Majority Leader and the Minority
5Leader of the Senate setting forth the time and place for
6such meeting. A meeting commenced in this manner shall be
7held at the time and place specified in the notice.
8(3) Except as provided in subsection (j), all meetings
9of the committee shall be open to the public and notice of
10such meetings shall be given as generally provided in these
11rules for the convening of committees.
12(4) The committee may adopt rules of procedure for the
13orderly conduct of its affairs, investigations, hearings and
14meetings, which rules are not inconsistent with this Rule.
15(c) Receipt of complaint.--The committee shall receive
16complaints against any Senator alleging unethical conduct in
17violation of a Senate Rule, statute or constitutional provision
18governing the ethical conduct of a Senator. Any complaint filed
19with the committee shall:
20(1) be submitted in writing;
21(2) be sworn or affirmed by the person filing the
22complaint; and
23(3) detail the alleged unethical conduct in question and
24specify the Rule, statute or constitutional provision
25allegedly violated.
26(d) Review of complaint.--Upon receipt of a complaint that
27conforms with all the requirements of this Rule, the Senate
28Committee on Ethics shall review the complaint and determine
29whether or not a preliminary investigation is warranted within
3030 days of receiving the complaint. For good cause, a majority
1of the members of the committee may vote to grant an additional
230 days to complete the committee's review. A frivolous or de
3minimis complaint may be dismissed by a majority of the members
4of the committee, with prejudice. The chair shall notify the
5complainant and the subject Senator of the disposition of a
6dismissed complaint.
7(e) Disposition of complaints.--If it is determined by a
8majority of the members of the Senate Committee on Ethics that
9an ethical conduct violation may have occurred, the Senator
10against whom the complaint has been brought shall be notified in
11writing and given a copy of the complaint. Within 15 days after
12receipt of the complaint, the Senator may file a written answer
13to the complaint with the committee. If no answer is filed, the
14complaint shall be deemed denied by the subject Senator. The
15lack of an answer shall not be deemed to be an admission or
16create an inference or presumption that the complaint is true.
17The lack of an answer shall not prohibit a majority of the
18members of the committee from either proceeding with a formal
19investigation or dismissing the complaint.
20(f) Preliminary investigation.--The committee shall have 30
21days from the date that receipt of the answer to the complaint
22is to be provided to complete its preliminary investigation. For
23good cause, a majority of the members of the committee may vote
24to grant an additional 30 days to complete the committee's
25review. The committee may employ an independent counsel to
26conduct a preliminary investigation. Upon conclusion of the
27preliminary investigation, by vote of a majority of the members
28of the committee, the committee shall determine whether to
29proceed with a formal investigation, which may include hearings.
30In the event that the committee vote is equally divided, the
1question falls. If the committee does not decide to proceed to a
2formal investigation, the Chair shall notify the complainant and
3the subject Senator of the disposition of the complaint and
4shall summarize the committee's rationale for its conclusion.
5(g) Confidentiality.--Prior to the commencement of a formal
6investigation, the fact that a preliminary investigation is
7being conducted or is to be conducted shall be confidential
8information. If, however, the filing of a complaint or a
9preliminary investigation is made public by the complainant, the
10committee may publicly confirm the receipt of a complaint.
11(h) Indictment.--When an indictment is returned against a
12member of the Senate, and the gravamen of the indictment is
13directly related to the ethical conduct of a Senator in
14violation of a Senate Rule, statute or constitutional provision
15governing the ethical conduct of a Senator, the Senate Ethics
16Committee shall not initiate any new investigation, and shall
17suspend any ongoing investigation, initiated pursuant to this
18Rule until the subject matter of the indictment that relates to
19the Senator's alleged unethical conduct is resolved.
20(i) Alternative procedure.--In addition to action on formal
21complaints as provided in subsection (c), a majority of the
22members of the Senate Committee on Ethics may initiate a
23preliminary investigation of suspected unethical conduct in
24violation of a Senate Rule, statute or constitutional provision
25governing the ethical conduct of a Senator. If it is determined
26by a majority of the members of the committee that a violation
27may have occurred, the Senator in question shall be notified in
28writing of the alleged unethical conduct in question and the
29Rule, statute or constitutional provision allegedly violated.
30Within 15 days of the receipt of this information, the Senator
1may file a written answer with the committee. The lack of an
2answer shall not be deemed to be an admission or create an
3inference or presumption that the complaint is true. The lack of
4an answer shall not prohibit a majority of the members of the
5committee from either proceeding with a formal investigation or
6dismissing the complaint. The committee shall have 30 days from
7the date that receipt of the answer to the complaint is to be
8provided to complete its preliminary investigation. For good
9cause, a majority of the members of the committee may vote to
10grant an additional 30 days to complete the committee's review.
11Upon conclusion of the preliminary investigation, by vote of a
12majority of the members of the committee, the committee shall
13determine whether to proceed with a formal investigation, which
14may include hearings. In the event that the committee vote is
15equally divided, the question falls.
16(j) Closed session.--The committee shall conduct its
17preliminary investigations, hearings and meetings related to a
18specific investigation or a specific Senator in closed session
19unless the Senator subject to investigation advises the
20committee in writing that he or she wants such meetings or
21hearings to be held publicly. In the event that the Senator in
22question makes such a request, the committee shall furnish the
23Senator with a public meeting or hearing.
24(k) Formal investigation.--In the event that the Senate
25Committee on Ethics shall elect to proceed with a formal
26investigation of alleged unethical conduct by a Senator, the
27committee may employ an independent counsel to conduct a formal
28investigation. The committee and any independent counsel
29employed by the committee shall comply with the following
30procedural requirements at all stages of the investigation:
1(1) The Chair of the Senate Committee on Ethics may
2continue any hearing for reasonable cause. Upon the vote of a
3majority of the members of the committee, or upon the request
4of the Senator subject to investigation, the Chair shall
5issue subpoenas for the attendance and testimony of witnesses
6and the production of documentary evidence relating to any
7matter under formal investigation by the committee. The Chair
8of the committee may administer oaths or affirmations,
9examine and receive evidence, or rule on any objections
10raised during the course of a hearing.
11(2) All testimony, documents, records, data, statements
12or information received by the committee in the course of any
13preliminary or formal investigation shall be private and
14confidential except in the case of public meetings or
15hearings or in a report to the Senate.
16(3) All constitutional rights of any Senator under
17investigation shall be preserved, and the Senator shall be
18entitled to present evidence, cross-examine witnesses, face
19the accuser and be represented by counsel.
20(4) An oath or affirmation shall be executed in writing
21before any member of the committee, any independent counsel
22employed by the committee to conduct a preliminary or formal
23investigation, or any employee of the Senate related to the
24investigation may have access to information that is
25confidential under the rules of the committee as follows:
26"I do solemnly swear or affirm that I will not disclose,
27to any person or entity outside of the Senate Ethics
28Committee, any information received in the course of my
29service with the committee, except as authorized by the
30committee or in accordance with the Rules of the Senate."
1Copies of the executed oath or affirmation shall be provided
2to the Secretary-Parliamentarian of the Senate as part of the
3records of the Senate. Any Senator or other person who
4violates the confidentiality requirements of this subsection
5shall be removed immediately from the committee and replaced
6by another Senator, counsel or employee of the Senate
7appointed in like manner as the person's original appointment
8or selection.
9(l) Report.--No report regarding unethical conduct by a
10Senator shall be made to the Senate unless a majority of the
11members of the Senate Ethics Committee determine that a finding
12of unethical conduct in violation of a Senate Rule, statute or
13constitutional provision governing the ethical conduct of a
14Senator has occurred. No finding of unethical conduct by a
15Senator in violation of a Senate Rule, statute or constitutional
16provision governing the ethical conduct of a Senator adopted by
17the Senate Committee on Ethics shall be valid unless signed by
18at least a majority of the members of the committee. Any such
19report may include a minority report. A report adopted by the
20committee that contains findings of unethical conduct by a
21Senator in violation of a Senate Rule, statute or constitutional
22provision governing the ethical conduct of a Senator shall not
23be filed with the Secretary-Parliamentarian of the Senate or
24released to the public until at least seven days after a copy of
25the report is sent by certified mail to the Senator under
26investigation.
27(m) Distribution of report.--After the expiration of the
28seven-day notice requirement contained in subsection (l), the
29Senate Ethics Committee shall file its report with the
30Secretary-Parliamentarian of the Senate, who shall cause a copy
1of the report of the committee to be distributed to the members
2of the Senate. The report of the Senate Ethics Committee shall
3be placed on the Senate Calendar and shall be acted on by the
4Senate within ten legislative days of the adoption of a
5temporary rule setting forth rules of procedure for the orderly
6disposition of the report by the full Senate. A vote by a
7majority of the members elected to the Senate shall be necessary
8to adopt each finding set forth in the Ethics Committee Report.
9(n) Sanction.--Should the full Senate vote to adopt an
10unethical conduct finding against a Senator as set forth in the
11Ethics Committee Report, that Senator may be subject to sanction
12by the full Senate. A sanction may include any of the following
13depending on the circumstances of the violation:
14(1) a warning;
15(2) a written reprimand;
16(3) restitution for damages; or
17(4) any other sanction provided for under the Rules of
18the Senate of Pennsylvania or the Constitution of
19Pennsylvania.
20(o) Advisory opinion.--The Senate Committee on Ethics, at
21the request of a Senator or officer who has an ethical question
22or concern regarding the Senate Rules individually or in
23conjunction with others, may issue an advisory opinion seeking
24to clarify the ethical requirements of the Senate Rules. These
25advisory opinions, with such deletions and changes as shall be
26necessary to protect the identity of the persons involved or
27seeking them, may be published and shall be distributed to all
28members, officers and employees of the Senate. No action
29regarding unethical conduct may be taken against a Senator,
30officer or employee, who has relied on a written advisory
1opinion, whether directly addressed to that person or not, which
2is reasonably construed as being applicable to the conduct in
3question.
4(p) Committee member under investigation.--In the event that
5a member of the Senate Ethics Committee shall be under
6investigation, that Senator shall be temporarily replaced on the
7committee in a like manner as the Senator's original
8appointment.
9(q) Costs and expenses.--Whenever the committee shall employ
10independent counsel to conduct a preliminary or formal
11investigation or shall incur other expenses pursuant to its
12duties under this rule, payment of costs of such independent
13counsel or other expenses incurred by the committee pursuant to
14this Rule shall be paid by the Chief Clerk upon submission of
15vouchers and necessary documentation. The vouchers shall be
16signed by both the chair and vice-chair of the committee.
17Included in such allowable expense items shall be travel and per
18diem for the members of the committee. The Chief Clerk shall pay
19such expenses out of funds appropriated to the Chief Clerk for
20incidental expenses.
21Rule 35. Status of members indicted or convicted of a crime.
22(a) Status generally.--When an indictment is returned
23against a member of the Senate, and the gravamen of the
24indictment is directly related to the Senator's conduct as a
25committee chair, ranking minority committee member or in a
26position of leadership, the Senator shall be relieved of such
27committee chairmanship, ranking minority committee member
28status, or leadership position until the indictment is disposed
29of, but the member shall otherwise continue to function as a
30Senator, including voting, and shall continue to be paid.
1(b) Restoration.--If, during the same legislative session,
2the indictment is quashed, or the court finds that the Senator
3is not guilty of the offense alleged, the Senator shall
4immediately be restored to the committee chairmanship, ranking
5minority committee member status, or leadership position
6retroactively from which that Senator was suspended.
7(c) Resolution of expulsion.--Upon a finding or verdict of
8guilt by a judge or jury, a plea or admission of guilt or plea
9of nolo contendere of a crime by a member of the Senate, the
10gravamen of which relates to the member's conduct as a Senator,
11and upon imposition of sentence, the Secretary-Parliamentarian
12of the Senate shall prepare a resolution of expulsion under
13session, which shall appear on the Calendar on the next
14legislative session day following an imposition of sentence
15based upon a determination of guilt or a plea of nolo
16contendere.
17Rule 36. Status of officers or employees indicted or convicted
18of a crime.
19(a) Suspension.--Whenever any officer or employee of the
20Senate is indicted or otherwise charged before a court of record
21with the commission of a felony or a misdemeanor, the gravamen
22of which relates to the officer's or employee's conduct or
23status as an officer or employee of the Commonwealth or the
24disposition of public funds, such employee shall immediately be
25suspended without pay and benefits by the Chief Clerk. After a
26finding or a verdict of guilt by a judge or a jury, plea or
27admission of guilt, or plea of nolo contendere, and upon
28imposition of sentence, the employment shall be terminated.
29(b) Termination of suspension.--If the indictment is
30quashed, or the court finds that the officer or employee is not
1guilty of the offense alleged, the suspension without pay shall
2be terminated, and the officer or employee shall receive
3compensation for the period of time during which the officer or
4employee was suspended which compensation shall be reduced by
5the amount of any compensation said officer or employee earned
6from other employment during the period of suspension.
7(c) Appeal.--If the officer or employee or the supervising
8Senator of such employee disagrees with the decision of the
9Chief Clerk as to whether an indictment for particular conduct
10shall be a crime requiring suspension or dismissal, the officer
11or employee in question or the supervising Senator may appeal
12the suspension to the Committee on Ethics, which shall determine
13whether the conduct charged is an offense requiring suspension.
14Whenever an appeal of a suspension shall be taken to the
15committee, the suspension shall remain effective pending a
16decision by the committee.
17Rule 37. Affiliation with nonprofit entities.
18(a) Requirements.--In order for a Senator or a Senate
19employee, including a family member of that Senator or Senate
20employee, to be affiliated with a nonprofit entity, that
21nonprofit entity must meet all of the following:
22(1) Have a formally established board of directors with
23at least four members that is fully accountable for the
24nonprofit entity's overall operation.
25(2) Have a written set of bylaws or rules, approved by
26its board of directors, which establishes its composition and
27governance process.
28(3) Require official action of the board of directors to
29be approved and executed in a manner consistent with its
30bylaws or rules.
1(4) Not receive grant funding directly from the
2Commonwealth that comprises its sole source of operational
3funding.
4(b) Prohibitions.--A Senator or Senate employee, including a
5family member of that Senator or Senate employee, who is
6affiliated with a nonprofit entity, may not do any of the
7following with regard to a nonprofit entity with which that
8Senator or Senate employee, including a family member of that
9Senator or Senate employee, is affiliated:
10(1) Exercise sole and unilateral control of a final
11action of the nonprofit entity regarding allocation or
12disbursement of grant funding that the nonprofit entity
13receives directly from the Commonwealth.
14(2) Direct a Senate employee to staff or provide
15services to the nonprofit entity as a condition of
16employment.
17(3) Direct the personnel or other resources of the
18nonprofit entity for the benefit of a Senator's campaign.
19(4) Commingle funds from a Senate district office
20allowance or any other Senate expense account with the funds
21of the nonprofit entity with the knowledge and intent that
22those funds are to be used for the direct reimbursement of
23expenses incurred by that nonprofit entity.
24(5) Maintain a Senate district office within or
25contiguous to the same office as the nonprofit entity.
26(c) Applicability.--A Senator or a Senate employee,
27including a family member of that Senator or Senate employee,
28shall not be subject to the requirements of this Rule if the
29affiliated nonprofit entity receives no grant funding directly
30from the Commonwealth.
1(d) Training.--To assure compliance with this Rule by
2Senators and Senate employees, appropriate training measures
3shall be implemented by the Senate. Training shall be provided
4annually for all Senators and Senate employees.
5(e) Definitions.--As used in this Rule, the following words
6and phrases shall have the meanings given to them in this
7section unless the context clearly indicates otherwise:
8"Affiliated." Serving:
9(1) as an officer of a nonprofit entity;
10(2) on the board of directors of a nonprofit entity;
11(3) as a paid employee of a nonprofit entity; or
12(4) as a contractor of a nonprofit entity.
13"Family member." A spouse or child.
14"Nonprofit entity." An entity that is qualified by the
15Internal Revenue Service as meeting the requirements of section
16501(c) of the Internal Revenue Code of 1986 (Public Law 99-514,
1726 U.S.C. § 501(c)).
18APPENDIX
19TRANSITIONAL PROVISIONS
20OLD RULE | NEW RULE | |
21I | Rule 1 | |
22Regular and special | (a) | |
23Weekly | (b) | |
24II | Rule 2 | |
25III | Rule 3 | |
261. |
| |
27(a) | (1) | |
28(b) | (2) | |
29(c) | (3) | |
30(d) | (4) | |
31(e) | (5) | |
32(f) | (6) | |
33(g) | (7) | |
34IV | Rule 4 | |
351. |
| |
36(a) | (a) | |
37(b) | (b) | |
38V | Rule 5 | |
391. | (a) | |
1(a) | (1) | |
2(b) | (2) | |
3(c) | (3) | |
4(d) | (4) | |
5(e) | (5) | |
6(f) | (6) | |
72. | (b) | |
8(a) |
| |
9VI | Rule 6 | |
101. | (a) | |
112. | (b) | |
12(a) | (1) | |
13(b) | (2) | |
143. | (c) | |
15(a) | (1) | |
16(1) | (i) | |
17(2) | (ii) | |
18(3) | (iii) | |
19(4) | (iv) | |
20(5) | (v) | |
21(b) | (2) | |
22(c) | (3) | |
23(d) | (4) | |
24(e) | (5) | |
25(f) | (6) | |
26(g) | (7) | |
274. | (8) | |
285. | (9) | |
29VII | Rule 7 | |
301. | (a) | |
312. | (b) | |
32VIII | Rule 8 | |
331. |
| |
34(a) | (1) | |
35(b) | (2) | |
36(c) | (3) | |
37(d) | (4) | |
38(e) | (5) | |
39(f) | (6) | |
40(g) | (7) | |
41(h) | (8) | |
42(i) | (9) | |
43(j) | (10) | |
44IX | Rule 9 | |
451. | (a) | |
46Sp. order/business |
| |
472. | (b) | |
48X | Rule 10 | |
49Recognition | (a) | |
50Avoiding personal references | (b) | |
51Speaking out of order | (c) | |
1Speaking more than twice | (d) | |
2Decorum | (e) | |
3Order and privilege | (f) | |
4Questions of order | (g) | |
5Questions when interrupted | (h) | |
6Use of tobacco products | (i) | |
7Cell phones | (j) | |
8XI | Rule 11 | |
9Putting a motion | (a) | |
10Precedence of motions | (b) | |
111. | (1) | |
122. | (2) | |
133. | (3) | |
144. | (4) | |
155. | (5) | |
166. | (6) | |
177. | (7) | |
188. | (8) | |
199. | (9) | |
2010. | (10) | |
2111. | (11) | |
2212. | (12) | |
23Nondebatable motions | (c) | |
241. | (1) | |
252. | (2) | |
263. | (3) | |
274. | (4) | |
285. | (5) | |
296. | (6) | |
307. | (7) | |
31Motions/limited debate | (d) | |
324. | (1) | |
335. | (2) | |
346. | (3) | |
35Seconding motions | (e) | |
36Recessing and convening | (f) | |
37(a) | (1) | |
38(b) | (2) | |
39(c) | (3) | |
40(d) | (4) | |
41Motion for previous question | (g) | |
42Motion to lay on table | (h) | |
43Motion to take from table | (i) | |
44Reconsideration | (j) | |
(1) | ||
(2) | ||
(3) | ||
(4) | ||
(5) | ||
50XII | Rule 12 | |
51Passage of bills | (a) | |
11. |
| |
2(a) | (1) | |
3(b) | (2) | |
4Reference and printing | (b) | |
52. |
| |
6Form of bills | (c) | |
73. |
| |
8Consideration of bills | (d) | |
94. |
| |
10Local and special bills | (e) | |
115. |
| |
12Revenue bills | (f) | |
136. |
| |
14Appropriation bills | (g) | |
157. |
| |
16(a) | (1) | |
17(b) | (2) | |
18Charitable and educational approps. | (h) | |
198. |
| |
20Land transfer legislation | (i) | |
218.1. | (1) | |
228.2. | (2) | |
23Consideration - Second reg. Sess. | (j) | |
249. |
| |
25Introduction | (k) | |
2610. |
| |
27Character of bills to be introduced | (l) | |
2811. |
| |
29Printing of amended bills | (m) | |
3012. | (1) | |
(2) | ||
32First consideration | (n) | |
3313. |
| |
34Second consideration | (o) | |
3514. |
| |
36Third consideration and final passage | (p) | |
3715. | (1) | |
38(a) | (i) | |
39(b) | (ii) | |
40(b.1) | (iii) | |
41(b.2) | (iv) | |
4216. | (2) | |
43(a) | (i) | |
44(b) | (ii) | |
45Prefiling of bills and resolutions | (q) | |
4617. |
| |
47Normal filing of bills and resolutions | (r) | |
4818. |
| |
49Referral to committee by Pres. pro temp | (s) | |
5019. |
| |
51XIII | Rule 13 | |
1When in order | (a) | |
21. | (1) | |
32. | (2) | |
43. | (3) | |
5Amendments/reconsider-revert | (b) | |
64. |
| |
7Concurrence in House amendments | (c) | |
85. | (1) | |
9(a) | (i) | |
10(b) | (ii) | |
116. | (2) | |
12(a) | (i) | |
13(b) | (ii) | |
14XIV | Rule 14 | |
15Standing committees | (a) | |
161. | (1) | |
17Subcommittees |
| |
182. | (2) | |
19Members--ex-officio | (b) | |
203. |
| |
21(a) | (1) | |
22(b) | (2) | |
23(c) | (3) | |
24Committee function between sess. | (c) | |
254. |
| |
26Powers and responsibilities | (d) | |
275. |
| |
28(a) | (1) | |
29(b) | (2) | |
30(c) | (3) | |
31Notice of meetings | (e) | |
326. | (1) | |
33(a) | (i) | |
34(b) | (ii) | |
35(c) | (iii) | |
367. | (2) | |
37Bills recommitted | (f) | |
388. |
| |
39Public meetings or hearings | (g) | |
409. | (1) | |
41(a) | (i) | |
42(b) | (ii) | |
4310. | (2) | |
44Quorum of committee | (h) | |
4511. |
| |
46Quorum of subcommittee | (i) | |
4712. |
| |
48Discharging committees | (j) | |
4913. |
| |
50(a) | (1) | |
51(b) | (2) | |
1XV | Rule 15 | |
2Chair--ex-officio | (a) | |
31. |
| |
4Calling committee to order | (b) | |
52. |
| |
6Chair control of committee room | (c) | |
73. |
| |
8Authority of chair | (d) | |
94. |
| |
10Vote of chair, vice-chair | (e) | |
115. |
| |
12Performance of duty by vice-chair | (f) | |
136. |
| |
14Chair's duty to report | (g) | |
157. |
| |
16XVI | Rule 16 | |
17Members, attendance, voting |
| |
181. | (1) | |
192. | (2) | |
203. | (3) | |
21XVII | Rule 17 | |
22Taking the vote |
| |
231. | (1) | |
242. | (2) | |
25XVIII | Rule 18 | |
261. |
| |
27XIX | Rule 19 | |
281. | (a) | |
292. | (b) | |
30Report of Conference Committee | (c) | |
313. |
| |
32(a) | (1) | |
33(b) | (2) | |
34Adoption/Report of Conf. Committee | (d) | |
354. |
| |
36XX | Rule 20 | |
37Senators must be present | (a) | |
381. |
| |
39Voting required | (b) | |
402. |
| |
41Capitol leave | (1) | |
42(a) |
| |
43Legislative leave | (2) | |
44(b) |
| |
45Military leave | (3) | |
46(c) |
| |
47Personal leave | (4) | |
48(d) |
| |
49Excused from voting | (c) | |
503. |
| |
51(a) | (1) | |
1(b) | (2) | |
2Changing vote | (d) | |
34. |
| |
4Persons at desk during role call | (e) | |
55. |
| |
6Two-thirds vote | (f) | |
76. |
| |
8Majority vote defined | (g) | |
97. |
| |
10Majority vote | (h) | |
118. |
| |
12Announcement of vote | (i) | |
139. |
| |
14Explanation of vote | (j) | |
1510. |
| |
16Tie vote | (k) | |
1711. |
| |
18Verifying vote | (l) | |
1912. |
| |
20Voice vote | (m) | |
2113. |
| |
22XXI | Rule 21 | |
23Admission to Senate press gallery | (a) | |
241. |
| |
25Photographs in Senate chamber | (b) | |
262. | (1) | |
273. | (2) | |
28Order and decorum of press | (c) | |
294. | (1) | |
305. | (2) | |
31XXII | Rule 22 | |
321. | (a) | |
332. | (b) | |
34XXIII | Rule 23 | |
35Responsibilities of chief clerk | (a) | |
361. | (1) | |
372. | (2) | |
383. | (3) | |
39Sessions provided free of charge | (b) | |
404. | (1) | |
415. | (2) | |
42Funding | (c) | |
436. |
| |
44Scope of video and audio feeds | (d) | |
457. | (1) | |
468. | (2) | |
479. | (3) | |
4810. | (4) | |
49Restrictions/video and audio fees | (e) | |
5011. | (1) | |
5112. | (2) | |
113. | (3) | |
214. | (4) | |
315. | (5) | |
4Other recording prohibited | (f) | |
516. | (1) | |
617. | (2) | |
7Violations | (g) | |
818. |
| |
9Official record | (h) | |
1019. |
| |
11XXIV | Rule 24 | |
121. | (a) | |
13Rear entrance closed during sess. | (b) | |
142. |
| |
15Telephone facilities | (c) | |
163. |
| |
17XXV | Rule 25 | |
181. | (a) | |
19Dispensing with rules | (b) | |
202. |
| |
21Altering vote | (c) | |
223. |
| |
23Altering resolution | (d) | |
244. |
| |
25XXVI | Rule 26 | |
261. |
| |
27XXVII | Rule 27 | |
28Majority constitutes quorum | (a) | |
291. |
| |
30Presence of less than a quorum | (b) | |
312. |
| |
32Voting by less than a quorum | (c) | |
333. |
| |
34XXVIII | Rule 28 | |
35Presentation and reference | (a) | |
361. | (1) | |
372. | (2) | |
383. | (3) | |
39Information concerning nominations | (b) | |
404. |
| |
41Consideration | (c) | |
425. |
| |
43Executive session | (d) | |
446. |
| |
45Reconsideration | (e) | |
467. |
| |
47XXIX | Rule 29 | |
48Introduction | (a) | |
491. |
| |
50Consideration | (b) | |
512. |
| |
1(a) | (1) | |
2(b) | (2) | |
3(c) | (3) | |
4Printing in Senate History | (c) | |
53. | (1) | |
64. | (2) | |
7Joint resolutions | (d) | |
85. | (1) | |
(2) | ||
10XXX | Rule 30 | |
111. |
| |
12XXXI | Rule 31 | |
13Acting over veto | (a) | |
141. |
| |
152. | (b) | |
16XXXII | Rule 32 | |
171. |
| |
18XXXIII | Rule 33 | |
191. |
| |
20XXXIV | Rule 34 | |
211. | (a) | |
222. | (b) | |
23(a) | (1) | |
24(b) | (2) | |
25(c) | (3) | |
26(d) | (4) | |
273. | (c) | |
284. | (d) | |
295. | (e) | |
306. | (f) | |
317. | (g) | |
328. | (h) | |
339. | (i) | |
3410. | (j) | |
3511. | (k) | |
36(a) | (1) | |
37(b) | (2) | |
38(c) | (3) | |
39(d) | (4) | |
4012. | (l) | |
4113. | (m) | |
4214. | (n) | |
4315. | (o) | |
4416. | (p) | |
4517. | (q) | |
46XXXV | Rule 35 | |
471. | (a) | |
482. | (b) | |
493. | (c) | |
50XXXVI | Rule 36 | |
511. | (a) | |
12. | (b) | |
23. | (c) | |
3XXXVII | Rule 37 | |
4Requirements and prohibitions |
| |
51. | (a) | |
6(a) | (1) | |
7(b) | (2) | |
8(c) | (3) | |
9(d) | (4) | |
102. | (b) | |
11(a) | (1) | |
12(b) | (2) | |
13(c) | (3) | |
14(d) | (4) | |
15(e) | (5) | |
163. | (c) | |
174. | (d) | |
18Definitions |
| |
191. | (e) | |