PRINTER'S NO. 2664
No. 191 Session of 1978
INTRODUCED BY GREENLEAF, BROWN AND REED, MARCH 13, 1978
REFERRED TO COMMITTEE ON RULES, MARCH 13, 1978
In the House of Representatives, March 13, 1978
1 RESOLVED, That Rules 10, 14, 22, 43, 44, 46, 47, 50, 56 and
2 66 of the House of Representatives be amended to read:
3 RULE 10
4 Debate
5 When a member desires to address the House, he shall rise and
6 respectfully address himself to "Mr. Speaker." Upon being
7 recognized, he may speak, confining himself to the question
8 under consideration and avoiding personal reflections.
9 When two or more members rise at the same time and ask for
10 recognition, the Speaker shall designate the member who is
11 entitled to the floor.
12 No member[, except the Majority and Minority Leaders,] may
13 speak more than twice on any question, without the consent of
14 the House.
15 With the unanimous consent of the House a member may make a
16 statement not exceeding ten minutes in length concerning a
17 subject or matter not pending before the House for
18 consideration[, providing the Majority and Minority Leaders have
1 agreed on a time the member is to ask for recognition].
2 RULE 14
3 Members' and Employees' Expenses
4 A member who attends a duly called meeting of a standing or
5 special committee of which he is a member when the House is not
6 in session or who is summoned to the State Capitol or elsewhere
7 by the Speaker[, or the Majority or Minority Leader] of the
8 House, to perform legislative services when the House is not in
9 session shall be reimbursed per day for each day of service,
10 plus mileage to and from his residence, at such rates as are
11 provided herein. These expenses shall be paid by the Chief Clerk
12 from appropriation accounts under his exclusive control and
13 jurisdiction, upon a written request approved by the Speaker of
14 the House[, or the Majority or the Minority Leader of the
15 House].
16 An employee of the House summoned by the Speaker [or the
17 Majority or Minority Leader] of the House to perform legislative
18 services outside of Harrisburg shall be reimbursed for actual
19 expenses and mileage to and from his residence. Such expenses
20 may be paid by the Speaker[, Majority or Minority Leader,] if
21 [they agree] he agrees to do so, or shall be paid by the Chief
22 Clerk from appropriation accounts under his exclusive control
23 and jurisdiction, upon a written request approved by the Speaker
24 of the House[, or the Majority or the Minority Leader of the
25 House].
26 Members and employees traveling outside the Commonwealth of
27 Pennsylvania who receive any reimbursement for expenses or
28 travel which reimbursement is from public funds shall file with
29 the Chief Clerk a statement containing his name and the name,
30 place, date and the purpose of the function.
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1 Money appropriated specifically to and allocated under a
2 specific symbol number for allowable expenses of members of the
3 House of Representatives shall be reimbursed to each member upon
4 submission of vouchers and any required documentation by each
5 member on forms prepared by the Chief Clerk of the House. No
6 reimbursement shall be made from this account where a member
7 receives reimbursement for the same purpose from any other
8 appropriation account.
9 Such allowable expenses of members may be used for any
10 legislative purpose or function, including but not limited to
11 the following:
12 (1) Travel expense on legislative business.
13 (a) Mileage on session or nonsession days at a rate of
14 fifteen cents a mile for travel by private transportation on
15 legislative business; voucher only.
16 (b) Miscellaneous transportation (on legislative
17 business, taxi, airport limousine parking, tolls), and
18 expenses of a similar nature; voucher only for any single
19 expense not in excess of ten dollars ($10).
20 (c) Travel on legislative business by common carrier
21 other than taxi and airport limousine; voucher and receipt
22 from common carrier.
23 (d) Car rental; voucher and receipt from rental agency
24 but reimbursement not to exceed two hundred dollars ($200) in
25 any month. Any amount in excess of the said amount shall be paid
26 by the person renting the car.
27 (e) Lodging, restaurant charges and other miscellaneous
28 and incidental expenses while away from home. Vouchers only
29 for expenses not in excess of forty-four dollars ($44) per
30 day.
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1 (2) Administrative, clerical and professional services for
2 legislative business, except for employment of spouses or
3 dependent children.
4 (a) Administrative and clerical services; voucher and
5 receipt from person employed.
6 (b) Professional services; voucher and receipt and copy
7 of agreement or contract of employment.
8 (3) Rent for legislative office space; purchase of office
9 supplies; postage; telephone and answering services; printing
10 services and rental only of office equipment; voucher and
11 vendor's receipt, except for postage expense.
12 (4) Official entertainment--restaurant and beverage charges;
13 voucher only for expenses. Receipts for entertainment expenses,
14 together with a statement of the reason for the expense, shall
15 be submitted with the request for reimbursement.
16 (5) Purchase of flags, plaques, publications, photographic
17 services, books, and other similar items in connection with
18 legislative activities; voucher and vendor's receipt.
19 (6) Communications and donations in extending
20 congratulations or sympathy of illness or death; voucher only on
21 expenses not in excess of thirty-five dollars ($35).
22 No money appropriated for members' and employees' expenses
23 shall be used for contributions to political parties or their
24 affiliated organizations or to charitable organizations or for
25 charitable advertisements.
26 The Chief Clerk and the Secretary [and the Minority
27 Administrator] solely on their own behalf, shall be entitled to
28 reimbursement for food, lodging or travel in an amount not in
29 excess of seven thousand five hundred dollars ($7,500) per year;
30 provided that such expenditures are in furtherance of
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1 legislative business regardless of where, in the Commonwealth,
2 such business is transacted.
3 All disbursements made, debts incurred or advancements paid
4 from any appropriation account made to the House or to a member
5 or non member officer under a General Appropriation Act or any
6 other appropriation act shall be recorded in a monthly report
7 and filed with the Chief Clerk by the person authorized to make
8 such disbursement, incur any debt or receive any advancement on
9 a form prescribed by the Chief Clerk.
10 The Chief Clerk shall prescribe the form of all such reports
11 and make such forms available to those persons required to file
12 such reports. Such report form shall include:
13 (1) The name, address, job title and short job description
14 of the person or entity to whom the money was paid and the
15 amount thereof.
16 (2) A brief description or purpose for which the money was
17 paid and the amount thereof.
18 (3) The name of the person who requested or authorized that
19 the money be paid.
20 (4) The appropriation account under which such disbursement
21 or debt was incurred.
22 (5) The member, committee or organization to whom the person
23 is assigned.
24 All monthly reports filed on disbursements made or debts
25 incurred by any officer or member or employee from
26 appropriations made to the House under any General Appropriation
27 Act shall be public information and shall be available for
28 public inspection during regular business hours in the office of
29 the Chief Clerk. The Chief Clerk shall prescribe reasonable
30 rules and regulations for inspection of such reports but in no
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1 case shall inspection be denied to any person for a period
2 exceeding forty-eight hours (excluding Saturdays and Sundays)
3 from the time a written request has been submitted to the Chief
4 Clerk. Photocopies of such reports shall be made available upon
5 request to a member at no charge or to the public for a
6 duplication fee as may be fixed by the Chief Clerk. Such reports
7 shall be made available to a member or to the public on or
8 before the last day of the month next succeeding the month in
9 which the report was filed.
10 All requests for reimbursement out of any appropriation shall
11 be accompanied by a voucher, or other documents where required,
12 evidencing payment or approval. The voucher form shall be
13 approved and supplied by the Chief Clerk. Receipts or
14 documentation of every expenditure or disbursement which is in
15 excess of the maximum amount as set forth herein shall be
16 attached to the voucher. Where a request for payment is made in
17 advance of an expense actually incurred, the Chief Clerk, before
18 making such advance payment shall require a description
19 satisfactory to the Chief Clerk of the item or service to be
20 purchased or the expense to be incurred, and a receipt or other
21 documentation shall be given to the Chief Clerk after the item
22 or service has been purchased or expense incurred as evidence
23 that such advancement was in fact expended for such purpose.
24 All reports, vouchers and receipts from which reports are
25 prepared and filed shall be retained by the Chief Clerk, officer
26 or member, as the case may be, for such period of time as may be
27 necessary to enable the Legislative Audit Advisory Commission
28 created pursuant to the act of June 30, 1970 (P.L.442, No.151),
29 to conduct, through certified public accountants appointed by
30 it, annual audits to assure that such disbursements made or
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1 debts incurred were in accordance with Legislative Audit
2 Advisory Commission guidelines and standards, or for a minimum
3 of three years whichever is longer. All annual audit reports
4 shall be available for public inspection. Photo copies of such
5 reports shall be available for a fee established by the Chief
6 Clerk not to exceed the cost of duplication.
7 RULE 22
8 First Consideration Bills
9 Bills reported from committees shall be considered for the
10 first time when reported and shall then be automatically removed
11 from the calendar and laid on the table, except House bills
12 reported from committees after the first Monday in June until
13 the first Monday in September which shall then be automatically
14 recommitted to the Committee on Rules.
15 After the first Monday in September, any bill which was
16 automatically recommitted to the Committee on Rules pursuant to
17 this Rule 22 shall automatically be re-reported to the floor of
18 the House and laid on the table.
19 The Rules Committee shall not in any instance have the power
20 to amend a bill that has already gone through another committee.
21 Any bill which was automatically laid on the table pursuant
22 to this Rule 22 and has remained on the table for fifteen
23 legislative days shall automatically be removed from the table
24 and returned to the calendar for second consideration the next
25 legislative day.
26 Any bill which was automatically laid on the table pursuant
27 to this Rule 22 may be removed from the table by motion of the
28 [Majority Leader] Speaker of the House, or his designee, acting
29 on a report of the Committee on Rules. Such report shall be in
30 writing and a copy thereof distributed to each member. Any bill
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1 so removed from the table shall be placed on the second
2 consideration calendar on the legislative day following such
3 removal. Nothing herein shall affect the right of any member to
4 make a motion to remove a bill from the table.
5 Amendments shall not be proposed, nor is any other motion in
6 order on first consideration.
7 Bills shall not be considered beyond first consideration
8 until the latest print thereof is on the desks of the members.
9 RULE 43
10 Standing Committees and Sub-Committees
11 The Committee on Committees shall consist of the Speaker and
12 fifteen members of the House, ten of whom shall be members of
13 the Majority Party and five of whom shall be members of the
14 Minority Party, whose duty shall be to recommend to the House
15 the names of members who are to serve on the Standing Committees
16 of the House.
17 The Speaker shall appoint the Chairman and Vice-Chairman of
18 each Standing Committee when such Standing Committee has no
19 Standing Sub-committees as prescribed herein; when the Standing
20 Committee has Standing Sub-Committees, the Speaker shall appoint
21 a Sub-committee Chairman for each Standing Sub-committee. The
22 Speaker shall appoint a secretary for each Standing Committee.
23 The [Minority Leader] minority members shall appoint the
24 Minority Chairman and Minority Vice-Chairman of each Standing
25 Committee and the Minority Sub-Committee Chairman for each
26 Standing Sub-Committee.
27 The Speaker of the House[, Floor Leader of the Majority Party
28 and the Floor Leader of the Minority Party] shall be an ex-
29 officio [members] member of all Standing Committees, without the
30 right to vote and [they] he shall be excluded from any
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1 limitation as to the number of members on the Committees or in
2 counting a quorum.
3 Twenty-one Standing Committees of the House, each to consist
4 of twenty-three members except the Committee on Appropriations,
5 which shall consist of thirty-one members, are hereby created.
6 In addition, there is hereby created twenty-two Standing Sub-
7 Committees.
8 All Standing Committees shall consist of fourteen members of
9 the Majority Party and nine members of the Minority Party,
10 except the Committee on Appropriations which shall consist of
11 twenty members of the Majority Party and eleven members of the
12 Minority Party. The quorum for each of the Standing Committees
13 and Sub-committees shall be no less than the majority of said
14 Committees. The following are the Standing Committees and Sub-
15 committees thereof:
16 1. Agriculture and Rural Affairs
17 2. Appropriations
18 a. Sub-committee on Health and Welfare
19 b. Sub-committee on Education
20 c. Sub-committee on Capital Budget
21 3. Business and Commerce
22 a. Sub-committee on Banking and Savings and Loan
23 Associations
24 b. Sub-committee on Housing
25 c. Sub-committee on Industrial Development, Recreation
26 and Tourism
27 4. Conservation
28 5. Consumer Affairs
29 a. Sub-committee on Public Utilities
30 6. Education
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1 a. Sub-committee on Basic Education
2 b. Sub-committee on Higher Education
3 7. Federal-State Relations
4 8. Finance
5 9. Game and Fisheries
6 10. Health and Welfare
7 a. Sub-committee on Health
8 b. Sub-committee on Welfare
9 c. Sub-committee on Youth and Aging
10 11. Insurance
11 12. Judiciary
12 a. Sub-committee on Crime and Corrections
13 b. Sub-committee on Courts
14 13. Labor Relations
15 14. Liquor Control
16 15. Local Government
17 a. Sub-committee on Boroughs
18 b. Sub-committee on Counties
19 c. Sub-committee on Townships
20 16. Mines and Energy Management
21 17. Professional Licensure
22 18. State Government
23 19. Transportation
24 a. Sub-committee on Highways
25 b. Sub-committee on Public Transportation
26 c. Sub-committee on Transportation Safety
27 20. Urban Affairs
28 a. Sub-committee on Cities, Counties - First Class
29 b. Sub-committee on Cities, Counties - Second Class
30 21. Military and Veterans Affairs
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1 RULE 44
2 Organization of Standing Committees and Sub-Committees
3 The membership of each Standing Committee shall first meet
4 upon the call of its Chairman and perfect its organization. A
5 majority of the members to which each Standing Committee is
6 entitled shall constitute a quorum for it to proceed to
7 business. Each Standing Committee shall have the power to
8 promulgate rules not inconsistent with these rules which may be
9 necessary for the orderly conduct of its business.
10 Where a Standing Committee has Standing Sub-Committees as
11 prescribed by Rule 43, the membership on such Standing Sub-
12 Committees shall be appointed by the Committee on Committees
13 after consultation with each Chairman of a Standing Committee of
14 which the Standing Sub-Committee is a part. Each Standing Sub-
15 Committee shall consist of the Chairman of its parent Standing
16 Committee, as an ex-officio member, the Chairman of the Standing
17 Sub-Committee, and five other members from the parent Standing
18 Committee to be appointed by the Committee on Committees three
19 from among the majority party [after consultation with the
20 Majority Leader], and two from among the minority party [after
21 consultation with the Minority Leader]. Where it is deemed
22 advisable that the membership of any Standing Sub-Committee be
23 of greater number than that prescribed herein, the Committee on
24 Committees may appoint additional members of the Standing
25 Committee from the majority or minority party to serve on such
26 Standing Sub-Committee. The number of additional members
27 selected should be such as to maintain, as far as is
28 practicable, a ratio in majority and minority party membership
29 which affords a fair and reasonable representation to the
30 minority party on the Standing Sub-committee.
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1 The Chairman and the Minority Chairman of each Standing
2 Committee shall be ex-officio members of each Standing Sub-
3 committee which is part of the parent Standing Committee, with
4 the right to attend Standing Sub-committee meetings and vote on
5 any matter before such Standing Sub-committee.
6 A majority of the members of each Standing Sub-committee
7 shall constitute a quorum for the proper conduct of its
8 business. Each Standing Sub-committee may promulgate such rules
9 necessary for the conduct of its business which are not
10 inconsistent with the rules of its parent Standing Committee or
11 the Rules of the House.
12 When the chairman of a Standing Committee has referred a
13 bill, resolution or other matter to a Standing Sub-committee,
14 the power and control over such bill, resolution or other matter
15 shall then reside in such Sub-committee for a reasonable period
16 of time thereafter in order that such Sub-committee may consider
17 the bill, resolution or other matter and return the same to its
18 Standing Committee with its recommendations as to the action
19 which ought to be taken on such bill, resolution or other
20 matter.
21 Each Standing Sub-committee, within a reasonable time after
22 it has received a bill, resolution or other matter, shall meet
23 as a committee for the purpose of considering the same and
24 returning the bill, resolution or other matter back to its
25 parent Standing Committee with a Sub-committee report as to what
26 action it recommends. The report of the Sub-committee on a bill,
27 resolution or other matter being returned to the Standing
28 Committee shall contain one of the following recommendations:
29 a. That the bill, resolution or other matter in its
30 present form be reported to the House,
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1 b. that the bill, resolution, or other matter not be
2 reported to the House,
3 c. that the bill, resolution or other matter be reported
4 to the House, with recommendations for amendments,
5 d. that the bill, resolution or other matter is returned
6 without recommendations.
7 When a Standing Committee receives reports from its Sub-
8 committees, it shall consider the same and by majority vote of
9 the members of the Standing Committee either approve or
10 disapprove such report. If disapproved, the Standing Committee
11 may then determine by a majority vote of its members what
12 further action, if any, should be taken on such bill, resolution
13 or other matter.
14 Where no action has been taken by a Standing Sub-committee on
15 a bill, resolution or other matter referred to it, and the
16 chairman of the Standing Committee considers that such Sub-
17 committee has had reasonable time to consider the bill,
18 resolution or other matter and return the same to its parent
19 Standing Committee. The Sub-committee Chairman shall then
20 forthwith surrender and forward the same, together with all
21 documents or papers pertaining thereto, to the Standing
22 Committee.
23 In the event that a Chairman of a Standing Committee is
24 absent, the following rules shall apply:
25 1. If such Standing Committee has no Sub-committee
26 prescribed by Rule 44, the Vice-Chairman of the Standing
27 Committee shall act as Chairman of the Committee meetings;
28 2. If such Standing Committee has only one Sub-Committee,
29 the Sub-committee Chairman shall act as Chairman of the Standing
30 Committee; and
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1 3. If the Standing Committee has more than one Sub-
2 committee, the Sub-committee Chairman with the longest
3 consecutive legislative service shall act as Chairman of the
4 Standing Committee, except where the Sub-committee Chairmen have
5 equal legislative service, in which case the Speaker of the
6 House shall designate one of the Sub-committee Chairmen to act
7 as Chairman of the Standing Committee.
8 In case of absence of a Sub-committee Chairman, the Chairman
9 of the appropriate standing Committee shall designate one member
10 from either the Standing Committee or Sub-committee to act as
11 Chairman of the Sub-committee.
12 RULE 46
13 Committee on Rules
14 The Committee on Rules shall consist of the Speaker, [the
15 Majority Leader, the Majority Whip, the Minority Leader, the
16 Minority Whip, six] eight members of the majority party
17 appointed by the Speaker, and [three] five members of the
18 minority party appointed by the [Minority Leader. The Majority
19 Leader shall be Chairman.] minority members. The Chairman shall
20 be chosen by the Committee.
21 The Committee shall make recommendations designed to improve
22 and expedite the business and procedure of the House and its
23 committees, and to propose to the House any amendments to the
24 Rules deemed necessary. The Committee shall also do all things
25 necessary to fulfill any assignment or duty given to the
26 Committee by any resolution, or other rule of the House of
27 Representatives.
28 The Committee shall be privileged to report at any time.
29 RULE 47
30 Ethics Committee
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1 As used in the context of this rule, the word "Committee"
2 shall mean the Committee on Ethics of the House of
3 Representatives, and the phrase "majority of the Committee:
4 shall mean a majority of the members to which the Committee is
5 entitled:
6 The Committee shall consist of eight members: four of whom
7 shall be members of the Majority Party appointed by the Speaker,
8 and four of whom shall be members of the Minority Party
9 appointed by the [Minority Leader] minority members. The Speaker
10 shall appoint from the members a Chairman, Vice Chairman and
11 Secretary for the Committee. The Chairman shall be a member of
12 the majority party and the Vice Chairman shall be a member of
13 the minority party.
14 The Chairman shall notify all members of the Committee at
15 least twenty-four hours in advance of the date, time and place
16 of a regular meeting. Whenever the Chairman shall refuse to call
17 a regular meeting, a majority of the Committee may vote to call
18 a meeting by giving two days' written notice to the Speaker of
19 the House setting forth the time and place for such meeting.
20 Such notice shall be read in the House and posted in the House
21 Chamber by the Chief Clerk, or his designee. Thereafter, the
22 meeting shall be held at the time and place specified in such
23 notice.
24 The Committee shall conduct its investigations, hearings and
25 meetings relating to a specific investigation or a specific
26 member, officer or employee of the House in closed session and
27 the fact that such investigation is being conducted or to be
28 conducted or that hearings or such meetings are being held or
29 are to be held shall be confidential information unless the
30 person subject to investigation advises the Committee in writing
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1 that he elects that such hearings shall be held publicly. In the
2 event of such an election, the Committee shall furnish such
3 person a public hearing. All other meetings of the Committee
4 shall be open to the public.
5 The Committee shall receive complaints against members,
6 officers and employees of the House alleging illegal or
7 unethical conduct. Any such complaint must be in writing
8 verified by the person filing the complaint and must set forth
9 in detail the conduct in question and the section of the
10 "Legislative Code of Ethics" or House rule violated. The
11 Committee shall make a preliminary investigation of the
12 complaint, and if it is determined by a majority of the
13 Committee that a violation of the rule or law may have occurred,
14 the person against whom the complaint has been brought shall be
15 notified in writing and given a copy of the complaint. Within
16 fifteen days after receipt of the complaint, such person may
17 file a written answer thereto with the Committee. Upon receipt
18 of the answer, by vote of a majority of the Committee, the
19 Committee shall either dismiss the complaint within ten days or
20 proceed with a formal investigation, to include hearings, not
21 less than ten days nor more than thirty days after notice in
22 writing to the persons so charged. Failure of the person charged
23 to file an answer shall not be deemed to be an admission or
24 create an inference or presumption that the complaint is true,
25 and such failure to file an answer shall not prohibit a majority
26 of the Committee from either proceeding with a formal
27 investigation or dismissing the complaint.
28 A majority of the Committee may initiate a preliminary
29 investigation of the suspected violation of a Legislative Code
30 of Ethics or House rule by a member, officer or employee of the
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1 House. If it is determined by a majority of the Committee that a
2 violation of a rule or law may have occurred, the person in
3 question shall be notified in writing of the conduct in question
4 and the section of the "Legislative Code of Ethics" or House
5 rule violated. Within fifteen days, such person may file a
6 written answer thereto. Upon receipt of the answer, by vote of a
7 majority of the Committee, the Committee shall either dismiss
8 the charges within ten days or proceed with a formal
9 investigation, to include hearings, not less than ten days nor
10 more than thirty days after notice in writing to the person so
11 charged. Failure of the person charged to file an answer shall
12 not be deemed to be an admission or create an inference or
13 presumption that the charge is true, and such failure to file an
14 answer shall not prohibit a majority of the Committee from
15 either proceeding with a formal investigation or dismissing the
16 charge.
17 In the event that the Committee shall elect to proceed with a
18 formal investigation of the conduct of any member, officer or
19 employee of the House, the Committee shall employ independent
20 counsel who shall not be employed by the House for any other
21 purpose or in any other capacity during such investigation.
22 All constitutional rights of any person under investigation
23 shall be preserved, and such person shall be entitled to present
24 evidence, cross-examine witnesses, face his accuser, and be
25 represented by counsel.
26 The Chairman may continue any hearing for reasonable cause,
27 and upon the vote of a majority of the Committee or upon the
28 request of the person subject to investigation, the Chairman
29 shall issue subpoenas for the attendance and testimony of
30 witnesses and the production of documentary evidence relating to
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1 any matter under formal investigation by the Committee. The
2 Committee may administer oaths or affirmations and examine and
3 receive evidence.
4 All testimony, documents, records, data, statements or
5 information received by the Committee in the course of any
6 investigation shall be private and confidential except in the
7 case of public hearings or in a report to the House. No report
8 shall be made to the House unless a majority of the Committee
9 has made a finding of unethical or illegal conduct on the part
10 of the person under investigation. No finding of unethical or
11 illegal conduct shall be valid unless signed by at least a
12 majority of the Committee. Any such report may include a
13 minority report. No action shall be taken on any finding of
14 illegal or unethical conduct nor shall such finding or report
15 containing such finding be made public sooner than seven days
16 after a copy of the finding is sent by certified mail to the
17 member, officer or employee under investigation.
18 The Committee may meet with a Committee of the Senate to hold
19 investigations or hearings involving employees of the two houses
20 jointly or officers or employees of the Legislative Reference
21 Bureau, the Joint State Government Commission, Local Government
22 Commission, Legislative Budget and Finance Committee and the
23 Legislative Data Processing Committee; provided, however, that
24 no action may be taken at a joint meeting unless it is approved
25 by a majority of the Committee.
26 In the event that a member of the Committee shall be under
27 investigation, such member shall be temporarily replaced on the
28 Committee in a like manner as said member's original
29 appointment.
30 The Committee, whether or not at the request of a member,
19780H0191R2664 - 18 -
1 officer or employee concerned about an ethical problem relating
2 to himself alone or in conjunction with others, may render
3 advisory opinions with regard to questions pertaining to
4 legislative ethics or decorum. Such advisory opinions, with such
5 deletions and changes as shall be necessary to protect the
6 identity of the persons involved or seeking them, may be
7 published and shall be distributed to all the members of the
8 House.
9 Any member of the Committee breaching the confidentiality of
10 materials and events as set forth in this rule shall be removed
11 immediately from the Committee and replaced by another member of
12 the House in a like manner as said member's original
13 appointment.
14 The Committee may adopt rules of procedure for the orderly
15 conduct of its affairs, investigations, hearings and meetings,
16 which rules are not inconsistent with this rule.
17 The Committee shall continue to exist and have authority and
18 power to function after the sine die Adjournment of the General
19 Assembly and shall so continue until the expiration of the then
20 current term of office of the members of the Committee.
21 RULE 50
22 Public Hearings
23 Each Standing Committee, Sub-committee or select committee to
24 which a proposed bill, resolution or any matter is referred
25 shall have full power and authority to study said bill,
26 resolution or other matter before it, as such Committee, shall
27 determine is necessary to enable it to report properly to the
28 House thereon. To this end, a Standing Committee, Sub-committee,
29 or select committee, may as hereinafter provided, conduct public
30 hearings. No Standing Committee, Sub-committee or select
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1 committee shall hold any public hearings without prior approval
2 by a majority vote of the members of the Standing Committee and
3 the Speaker [or the Majority Leader] of the House. The Speaker
4 [or the Majority Leader] of the House shall withhold approval of
5 public hearings based only on budgetary consideration.
6 When a public hearing has been authorized as aforesaid, the
7 Chairman of the Standing Committee, Sub-committee Chairman, or
8 Select Committee Chairman as the case may be, shall instruct the
9 Chief Clerk to give written notice thereof to each House Member
10 not less than five calendar days before the proposed hearings
11 and post the same in or immediately adjacent to the House
12 Chambers. Such notice, which shall contain the day, hour and
13 place of the hearing and the number or numbers of bills or other
14 subject matter to be considered at such hearing, shall also be
15 given the supervisor of the news room, and to the news media. In
16 addition, all provisions of the act of July 19, 1974 (No.175),
17 relative to notice of meetings shall be complied with.
18 Public hearings held by a Standing Committee shall be chaired
19 by the Chairman of such Committee, unless absent, in which case
20 an acting Chairman shall be selected in the manner prescribed by
21 these rules to serve in his stead. Public hearings held by
22 Standing Sub-committees shall be chaired by the Sub-committee
23 Chairman thereof, but the Chairman of the parent Standing
24 Committee, as an ex-officio member of the Sub-committee, shall
25 have the right to attend and participate in the hearing
26 proceedings. In the absence of the Sub-committee Chairman, an
27 acting Chairman shall be appointed in the manner prescribed by
28 these rules.
29 All public hearings shall be open to the public and
30 reasonable opportunity to be heard shall be afforded to all
19780H0191R2664 - 20 -
1 interested parties who have requested an appearance before the
2 Committee. In addition, it shall be the responsibility of the
3 Committee in conducting its hearing to request the presentation
4 of testimony by any person who, in the opinion of the Committee,
5 is qualified to present pertinent and important testimony.
6 Such Committee shall, so far as practicable, request all
7 witnesses appearing before it to file written statements of
8 their proposed testimony. The Chairman shall have the right to
9 fix the order of appearance and the time to be allotted to
10 witnesses. Witnesses may submit brief pertinent statements in
11 writing for inclusion in the record. The Committee is the sole
12 judge of the pertinency of testimony and evidence adduced at its
13 hearings.
14 The Chairman, in presiding at such public hearings, shall
15 preserve order and decorum, in and adjacent to his committee
16 room while the hearing is being conducted and he shall have the
17 authority to direct the removal from the Committee room of any
18 person who fails to comply with order and decorum of the
19 Committee.
20 Proceedings of all public hearings shall be either
21 stenographically or electronically recorded. The Committee shall
22 determine which parts of such recorded proceedings, if any,
23 shall be transcribed. Such stenographic or electronic records
24 shall be preserved by the Chief Clerk during the term for which
25 the members were elected and three months thereafter and shall
26 be made available to any member upon written request for the
27 purpose of transcription at that member's expense. Any
28 transcribed records and any reports of the Committee shall be
29 filed with the Chief Clerk or his designee and shall be made
30 available to any person in accordance with reasonable rules and
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1 regulations prescribed by the Chief Clerk. Upon payment of a
2 reasonable cost to be determined by the Chief Clerk, a person
3 may obtain a copy of such transcribed records or reports.
4 The Chief Clerk shall not make payment of any expenses
5 incurred as a result of a public hearing without the prior
6 written approval of the Speaker [or the Majority Leader] of the
7 House.
8 RULE 56
9 Adjourn
10 A motion to adjourn or recess is not debatable, cannot be
11 amended and is always in order, except: (a) when another member
12 has the floor; (b) when the House is voting.
13 When a motion to adjourn is made, it shall be in order for
14 the Speaker, before putting the question, to permit [the
15 Majority and Minority Leaders and/or one member designated by
16 each of them] one member of the majority and one member of the
17 minority to state to the House any fact relating to the
18 condition of the business of the House which would seem to
19 render it inadvisable to adjourn. These statements shall be
20 limited to two minutes and shall not be debatable.
21 RULE 66
22 Electric Roll Call
23 The names of the members shall be listed on the electric roll
24 call boards by party affiliation in alphabetical order, except
25 the name of the Speaker shall be last.
26 On any question requiring the "yeas" and "nays", the electric
27 roll call system shall be used. On all other questions to be
28 voted upon, the Speaker may, in his discretion, order the yeas
29 and nays taken by the electric roll call system or voice vote
30 or, upon demand of two members before the result of a vote has
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1 been declared, the yeas and nays shall be taken by the electric
2 roll call system.
3 In the event the electric roll system is not in operating
4 order, the Speaker shall order all yea and nay votes be taken by
5 calling the roll, as provided in the Rules of the House.
6 The vote of any member which has not been recorded because of
7 mechanical malfunction of the electric roll call system shall be
8 entered on the Journal, if said member was in the Hall of the
9 House at the time of the vote and did cast his vote at the
10 appropriate time, and the fact of such malfunction is reported
11 to the Speaker of the House prior to the announcement of the
12 result of the vote.
13 When the House is ready to vote upon any question requiring
14 the yeas and nays and the vote is to be taken by the electric
15 roll call system, the Speaker shall state: "The question
16 .............. .............. .............. (Designating the
17 matter to be voted upon.)" The Speaker shall then unlock the
18 voting machine and announce, "The members shall now proceed to
19 vote." Once the voting has begun, it shall not be interrupted,
20 except for the purpose of questioning the validity of a member's
21 vote before the result is announced.
22 When, in the judgment of the Speaker, reasonable time has
23 been allowed all members present in the House to vote (in no
24 event shall such time exceed ten minutes) he shall ask the
25 question: "Have all members present voted"? After a pause, the
26 Speaker shall lock the machine and instruct the Clerk to record
27 the vote, and the Speaker shall announce the result of the vote.
28 No member or other person shall be allowed at the Clerk's
29 desk while the yeas and nays are being recorded, or the vote
30 counted.
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1 After the voting machine is locked, no member may change his
2 vote and the votes of tardy members will not be recorded.
3 The vote as electrically recorded on the roll of members
4 shall not in any manner be altered or changed by any person.
5 No member shall vote for another member, nor shall any person
6 not a member vote for a member. Any member who shall vote or
7 attempt to vote for another member, or a person not a member who
8 shall vote or attempt to vote for a member, may be punished in
9 such manner as the House determines.
10 Any member or other person who willfully tampers with or
11 attempts to disarrange, deface, impair or destroy in any manner
12 whatsoever the electrical voting equipment used by the House, or
13 who instigates, aids or abets with the intent to destroy or
14 change the record of votes thereon shall be punished in such
15 manner as the House determines.
16 A member who has been appointed by the Speaker to preside as
17 Speaker Pro Tempore may designate [either the Majority or
18 Minority Whip] another member of the House to cast his vote on
19 any question while he is presiding in accordance with his
20 instructions from the Chair.
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