PRINTER'S NO. 2
No. 8 Session of 2007
INTRODUCED BY DeWEESE, McCALL AND S. H. SMITH, JANUARY 17, 2007
INTRODUCED, JANUARY 17, 2007
A RESOLUTION
1 Adopting as temporary rules for the House of Representatives the
2 Rules of the House of Representatives (2005-2006), further
3 providing for standing committees and subcommittees and for
4 voting; and making editorial changes.
5 RESOLVED, That the temporary rules of the House of
6 Representatives (2007-2008) be rescinded.
7 RESOLVED, That the Rules of the House of Representatives
8 (2005-2006) be adopted as temporary rules for the 2007-2008
9 session of the House of Representatives with the following
10 amendments:
11 [(2005-2006)]
12 (2007-2008)
13 TEMPORARY RULES OF THE HOUSE OF REPRESENTATIVES
14 Definitions:
15 "Day" shall mean any calendar day.
16 "Floor of the House" shall be that area within the Hall of
17 the House between the Speaker's rostrum and the brass rail
18 behind the Members' seats.
19 "Formal Action" shall mean any vote or motion of a member of
1 a standing committee, standing subcommittee, select committee or
2 rules committee of the House of Representatives to report or not
3 report, amend, consider or table a bill or resolution and the
4 discussion and debate thereof.
5 "Hall of the House" shall be the floor space within its four
6 walls and does not include the adjoining conference rooms, the
7 lobbies or the upper gallery of the House.
8 "Legislative Day" shall mean any day that the House shall be
9 in session.
10 "Press Gallery" shall be within that area known as the Hall
11 of the House as designated by the Speaker.
12 "Roll Call Vote" shall be a vote taken and displayed by and
13 on the electric roll call board or in the event of a malfunction
14 of the electric roll call board, by such method as shall be
15 determined by the Speaker.
16 RULE 1
17 Speaker Presiding
18 The Speaker shall preside over the sessions of the House. He
19 may name a member to preside, but the substitution shall not
20 extend beyond an adjournment. He may appoint a member as Speaker
21 pro tempore to act in his absence for a period not exceeding ten
22 consecutive legislative days.
23 As presiding officer and in accordance with Article II § 2 of
24 the Constitution of Pennsylvania and the act of June 3, 1937
25 (P.L.1333, No.320), known as the Pennsylvania Election Code,
26 within ten days after the occurrence of a vacancy the Speaker
27 shall issue a writ for a special election to be held on a date
28 which shall occur on or before the date of the first primary,
29 municipal or general election which occurs not less than 60 days
30 after the issuance of the writ. The Speaker shall not be
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1 required to issue a writ of election if the election cannot be
2 scheduled until after the general election.
3 In case of failure to make an appointment, the House shall
4 elect a Speaker pro tempore to act during the absence of the
5 Speaker.
6 The Speaker pro tempore shall perform all the duties of the
7 Chair during the absence of the Speaker.
8 RULE 2
9 Taking the Chair
10 The Speaker shall take the Chair and call the members to
11 order on every legislative day at the hour to which the House
12 adjourned at the last sitting. On the appearance of a quorum,
13 the Speaker shall proceed to the regular order of business as
14 prescribed by the rules of the House.
15 RULE 3
16 Order and Decorum
17 The Speaker shall preserve order and decorum. In case of any
18 disturbance or disorderly conduct in the galleries or lobbies,
19 he shall have the power to order the same to be cleared.
20 The Speaker shall have the right to summon State Police to
21 assist in the preservation of order and decorum.
22 The Sergeant-at-Arms under the direction of the Speaker
23 shall, while the House is in session, maintain order on the
24 floor and its adjoining rooms. He shall enforce the rule with
25 respect to the conduct of visitors.
26 RULE 4
27 Questions of Order
28 The Speaker shall decide all questions of order subject to an
29 appeal by two members. The Speaker may, in the first instance,
30 submit the question to the House. Questions involving the
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1 constitutionality of any matters shall be decided by the House.
2 On questions of order there shall be no debate except on an
3 appeal from the decision of the Speaker or on reference of a
4 question by him to the House. In either case, no member shall
5 speak more than once except by leave of the House.
6 Unless germane to the appeal, a second point of order is not
7 in order while an appeal is pending; but, when the appeal is
8 disposed of, a second point of order is in order and is subject
9 to appeal.
10 RULE 5
11 Conference and Select Committee Appointments
12 All Committees of Conference shall be appointed by the
13 Speaker and shall be composed of three members, two of whom
14 shall be selected from the majority party and one from the
15 minority party.
16 The Speaker shall appoint the members of select committees,
17 unless otherwise ordered by the House.
18 RULE 6
19 Signature of the Speaker
20 The Speaker shall, in the presence of the House, sign all
21 bills and joint resolutions passed by the General Assembly after
22 their titles have been publicly read immediately before signing,
23 and the fact of signing shall be entered on the Journal.
24 Resolutions, addresses, orders, writs, warrants and subpoenas
25 issued by order of the House shall be signed by the Speaker and
26 attested by the Chief Clerk.
27 RULE 7
28 Oath to Employees
29 The Chief Clerk shall administer an oath or affirmation to
30 the employees of the House that they will severally support,
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1 obey and defend the Constitution of the United States and the
2 Constitution of Pennsylvania, and that they will discharge the
3 duties of their offices with fidelity.
4 Each employee of the House, after taking the oath of office,
5 shall sign his name in the Oath Book in the presence of the
6 Chief Clerk.
7 RULE 8
8 Supervision of Hall of the House
9 and Committee Rooms
10 Subject to the direction of the Speaker, the Chief Clerk
11 shall have supervision and control over the Hall of the House,
12 the caucus and committee rooms and all other rooms assigned to
13 the House.
14 During the sessions of the Legislature the Hall of the House
15 shall not be used for public or private business other than
16 legislative matters except by consent of the House. During
17 periods of recess of the House such use may be authorized by the
18 Speaker without the consent of the House.
19 RULE 9
20 Decorum
21 While the Speaker is putting a question or addressing the
22 House and during debate or voting, no member shall disturb
23 another by talking or walking up and down or crossing the floor
24 of the House.
25 RULE 9 (a)
26 Smoking
27 No smoking of cigarettes, cigars, pipes and other tobacco
28 products shall be allowed in the Hall of the House.
29 RULE 10
30 Debate
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1 When a member desires to address the House, he shall rise and
2 respectfully address himself to "Mr. Speaker." Upon being
3 recognized, he may speak, confining himself to the question
4 under consideration and avoiding personal reflections.
5 When two or more members rise at the same time and ask for
6 recognition, the Speaker shall designate the member who is
7 entitled to the floor.
8 No member, except the Majority and Minority Leaders, may
9 speak more than twice on any question, without the consent of
10 the House.
11 With the unanimous consent of the House a member may make a
12 statement not exceeding ten minutes in length concerning a
13 subject or matter not pending before the House for
14 consideration, providing the Majority and Minority Leaders have
15 agreed on a time the member is to ask for recognition.
16 RULE 11
17 Interruption of a Member who Has the Floor
18 A member who has the floor may not be interrupted, except for
19 questions of order or by a motion for the previous question.
20 With his consent, a member may yield the floor for questions
21 related to the subject before the House.
22 RULE 12
23 Personal Privilege
24 Any member may by leave of the Speaker rise and explain a
25 matter personal to himself, but he shall not discuss a pending
26 question in his explanation. Questions of personal privilege
27 shall be limited to questions affecting the rights, reputation
28 and conduct of members of the House in their respective
29 capacity.
30 RULE 13
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1 Transgression of House Rules
2 If any member in speaking or otherwise transgresses the Rules
3 of the House, the Speaker or any member through the Speaker
4 shall call him to order, in which case he shall immediately sit
5 down unless permitted by the House to explain.
6 The House upon appeal shall decide the case without debate.
7 If the decision is in favor of the member, he may proceed. If
8 the case requires it, he shall be liable to censure or other
9 punishment as the House deems proper.
10 RULE 14
11 Members' and Employees' Expenses
12 A member who attends a duly called meeting of a standing or
13 special committee of which he is a member when the House is not
14 in session or who is summoned to the State Capitol or elsewhere
15 by the Speaker, or the Majority or Minority Leader of the House,
16 to perform legislative services when the House is not in session
17 shall be reimbursed per day for each day of service, plus
18 mileage to and from his residence, at such rates as are
19 established from time to time by the Committee on Rules but not
20 in excess of the applicable maximum mileage rate authorized by
21 the Federal Government. For travel to any location for committee
22 meetings or for travel to the State Capitol for any reason,
23 members cannot receive reimbursement in excess of the applicable
24 maximum per diem rate authorized by the Federal Government.
25 These expenses shall be paid by the Chief Clerk from
26 appropriation accounts under his exclusive control and
27 jurisdiction, upon a written request approved by the Speaker of
28 the House, or the Majority or the Minority Leader of the House.
29 An employee of the House summoned by the Speaker or the
30 Majority or Minority Leader of the House to perform legislative
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1 services outside of Harrisburg shall be reimbursed for actual
2 expenses and mileage to and from his residence. Such expenses
3 may be paid by the Speaker, Majority or Minority Leader, if they
4 agree to do so, or shall be paid by the Chief Clerk from
5 appropriation accounts under his exclusive control and
6 jurisdiction, upon a written request approved by the Speaker, or
7 the Majority or the Minority Leader. District office employees
8 are only permitted to be reimbursed from an account under the
9 control of the Chief Clerk when traveling to Harrisburg for a
10 training program sponsored by either caucus or for travel to a
11 legislative conference approved by the Speaker, the Majority
12 Leader or the Minority Leader. All other travel by district
13 office employees may be reimbursed from the member's accountable
14 expenses or an account under the control of the Speaker, the
15 Majority Leader or the Minority Leader.
16 Members and employees traveling outside the Commonwealth of
17 Pennsylvania who receive any reimbursement for expenses or
18 travel which reimbursement is from public funds shall file with
19 the Chief Clerk a statement containing his name and the name,
20 place, date and the purpose of the function.
21 Money appropriated specifically to and allocated under a
22 specific symbol number for allowable expenses of members of the
23 House of Representatives shall be reimbursed to each member upon
24 submission of vouchers and any required documentation by each
25 member on forms prepared by the Chief Clerk of the House. No
26 reimbursement shall be made from this account where a member is
27 directly reimbursed for the same purpose from any other
28 appropriation account.
29 Such allowable expenses of members may be used for any
30 legislative purpose or function, including but not limited to
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1 the following:
2 (1) Travel expense on legislative business.
3 (a) Mileage on session or nonsession days at a rate as
4 may be approved from time to time by the Committee on Rules,
5 but not in excess of the maximum mileage rate authorized by
6 the Federal Government for travel; voucher only.
7 (b) Miscellaneous transportation on legislative business
8 (taxi, airport limousine parking, tolls), and expenses of a
9 similar nature; voucher only for any single expense not in
10 excess of $10.
11 (c) Travel on legislative business by common carrier
12 other than taxi and airport limousine; voucher and receipt
13 from common carrier.
14 (d) Car rental; voucher and receipt from rental agency
15 but reimbursement not to exceed in any month an amount as may
16 be approved from time to time by the Committee on Rules. Any
17 amount in excess of the said amount shall be paid by the
18 person renting the car. In no event shall other than American
19 manufactured cars be rented.
20 (e) Lodging, restaurant charges and other miscellaneous
21 and incidental expenses while away from home. Vouchers only
22 for per diem allowance approved from time to time by the
23 Committee on Rules, but not in excess of the applicable
24 maximum per diem rate authorized by the Federal Government or
25 for actual expenses not in excess of such per diem rate.
26 (2) Administrative, clerical and professional services for
27 legislative business, except for employment of spouses or any
28 relatives, by blood or marriage.
29 (a) Administrative and clerical services; voucher and
30 receipt from person employed.
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1 (b) Professional services; voucher and receipt and copy
2 of agreement or contract of employment.
3 (3) Rent for legislative office space; purchase of office
4 supplies; postage; telephone and answering services; printing
5 services and rental only of office equipment; voucher and
6 vendor's receipt, except for postage expense. No reimbursement
7 or expenditure shall be made out of any appropriation account
8 for any mass mailing including a bulk rate mailing made at the
9 direction or on behalf of any member which is mailed or
10 delivered to a postal facility within 60 days immediately
11 preceding any primary or election at which said member is a
12 candidate for public office.
13 Mass mailing shall mean a newsletter or similar mailing of
14 more than 50 pieces in which the content of the matter is
15 substantially identical. Nothing in this rule shall apply to any
16 mailing which is in direct response to inquiries or requests
17 from persons to whom matter is mailed, which is addressed to
18 colleagues in the General Assembly or other government officials
19 or which consists entirely of news releases to the
20 communications media.
21 (4) Official entertainment--restaurant and beverage charges;
22 voucher only for expenses. Receipts for entertainment expenses,
23 together with a statement of the reason for the expense, shall
24 be submitted with the request for reimbursement.
25 (5) Purchase of flags, plaques, publications, photographic
26 services, books, and other similar items in connection with
27 legislative activities; voucher and vendor's receipt.
28 (6) Communications and donations in extending
29 congratulations or sympathy of illness or death; voucher only on
30 expenses not in excess of $35.
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1 No money appropriated for members' and employees' expenses
2 shall be used for contributions to political parties or their
3 affiliated organizations or to charitable organizations or for
4 charitable advertisements.
5 All disbursements made, debts incurred or advancements paid
6 from any appropriation account made to the House or to a member
7 or nonmember officer under a General Appropriation Act or any
8 other appropriation act shall be recorded in a monthly report
9 and filed with the Chief Clerk by the person authorized to make
10 such disbursement, incur any debt or receive any advancement on
11 a form prescribed by the Chief Clerk.
12 The Chief Clerk shall prescribe the form of all such reports
13 and make such forms available to those persons required to file
14 such reports. Such report form shall include:
15 (1) As to personnel:
16 (a) The name, home address, job title, brief description
17 of duties and where they are performed, department or member
18 or members to whom assigned, the name of immediate supervisor
19 and minimum hours of employment per week of each employee.
20 (b) The appropriation account from which such employee
21 is compensated, the amount of compensation and whether such
22 person is on salary, per diem or contract.
23 (2) As to all other expenditures:
24 (a) To whom it was paid, the amount thereof, and the
25 nature of the goods, services or other purpose for which the
26 expenditure was made.
27 (b) The appropriation account from which the expenditure
28 was made and the name or names of the person or persons
29 requesting and/or authorizing the same.
30 A copy of each such report shall also be filed with the
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1 Special Committee on Internal Affairs and House Administration
2 for use in the performance of its duties under Rule 47(a).
3 The reporting requirements as to personnel may be fulfilled
4 by the maintenance in the Office of the Chief Clerk of the House
5 of an alphabetized file containing the current information for
6 each employee as set forth above.
7 All monthly reports filed on disbursements made or debts
8 incurred by any officer or member or employee from
9 appropriations made to the House or to a member or nonmember
10 officer under any General Appropriation Act, and the
11 documentation for each disbursement, shall be public information
12 and shall be available for public inspection during regular
13 business hours in the office of the Chief Clerk. The Chief Clerk
14 shall prescribe reasonable rules and regulations for inspection
15 of such reports but in no case shall inspection be denied to any
16 person for a period exceeding 48 hours (excluding Saturdays and
17 Sundays) from the time a written request has been submitted to
18 the Chief Clerk. Photocopies of such reports shall be made
19 available upon request to a member at no charge or to the public
20 for a duplication fee as may be fixed by the Chief Clerk. Such
21 reports shall be made available to a member or to the public on
22 or before the last day of the month next succeeding the month in
23 which the report was filed.
24 All vouchers and requisitions relating to all expenditures,
25 expenses, disbursements and other obligations out of all
26 appropriated funds of the House, and the documentation
27 evidencing payment of the vouchers and requisitions, shall be
28 available for public inspection during regular business hours in
29 the office of the Chief Clerk or at such other location within
30 the Capitol as the Chief Clerk shall prescribe. Nothing in this
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1 rule shall require release of any information deemed
2 confidential, including, but not limited to, a telephone number,
3 a credit card number and a Social Security number.
4 All requests to review payroll and independent contractor
5 records of the House or any other vouchers or requisitions for
6 funds appropriated to the House shall be made to the Chief
7 Clerk, in writing, at least three working days prior to the date
8 on which the review is requested. The request shall be signed by
9 the party who will be making the review and it shall indicate
10 the name of the organization or entity employing such
11 individual. The Chief Clerk shall establish a time during normal
12 business hours for the review to occur and he shall provide that
13 the review shall not interfere with the necessary functioning of
14 the Chief Clerk's office.
15 All requests for reimbursement out of any appropriation shall
16 be accompanied by a voucher, or other documents where required,
17 evidencing payment or approval. The voucher form shall be
18 approved and supplied by the Chief Clerk. Receipts or
19 documentation of every expenditure or disbursement which is in
20 excess of the maximum amount as set forth herein shall be
21 attached to the voucher. Where a request for payment is made in
22 advance of an expense actually incurred, the Chief Clerk, before
23 making such advance payment shall require a description
24 satisfactory to the Chief Clerk of the item or service to be
25 purchased or the expense to be incurred, and a receipt or other
26 documentation shall be given to the Chief Clerk after the item
27 or service has been purchased or expense incurred as evidence
28 that such advancement was in fact expended for such purpose.
29 All reports, vouchers and receipts from which reports are
30 prepared and filed shall be retained by the Chief Clerk, officer
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1 or member, as the case may be, for such period of time as may be
2 necessary to enable the Legislative Audit Advisory Commission
3 created pursuant to the act of June 30, 1970 (P.L.442, No.151),
4 entitled "An act implementing the provisions of Article VIII,
5 section 10 of the Constitution of Pennsylvania, by designating
6 the Commonwealth officers who shall be charged with the function
7 of auditing the financial transactions after the occurrence
8 thereof of the Legislative and Judicial branches of the
9 government of the Commonwealth, establishing a Legislative Audit
10 Advisory Commission, and imposing certain powers and duties on
11 such commission," to conduct, through certified public
12 accountants appointed by it, annual audits to assure that such
13 disbursements made or debts incurred were in accordance with
14 Legislative Audit Advisory Commission guidelines and standards
15 as approved by the Committee on Rules, or for a minimum of three
16 years, whichever is longer. All annual audit reports shall be
17 available for public inspection. Photocopies of such reports
18 shall be available for a fee established by the Chief Clerk not
19 to exceed the cost of duplication.
20 All expenditures of funds appropriated to the House or to a
21 member or nonmember officer shall be subject to the expenditure
22 guidelines established by the Rules Committee. The Rules
23 Committee shall establish standards regarding documentation
24 evidencing payment out of any appropriations account made to the
25 House or to a member or nonmember officer.
26 RULE 15
27 Time of Meeting
28 The House shall convene on the first legislative day of the
29 week at 1:00 P.M. prevailing time, unless otherwise ordered by a
30 roll call vote of the majority of those elected to the House.
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1 On other days the House shall convene at the discretion of
2 the House.
3 RULE 16
4 Quorum
5 A majority of the members shall constitute a quorum, but a
6 smaller number may adjourn from day to day and compel the
7 attendance of absent members. (Constitution, Article II, Section
8 10).
9 When less than a quorum vote on any question, the Speaker
10 shall forthwith order the doors of the House closed and the
11 names of the members present shall be recorded. If it is
12 ascertained a quorum is present, either by answering to their
13 names or by their presence in the House, the Speaker shall again
14 order the yeas and nays. If any member present refuses to vote,
15 his refusal shall be deemed a contempt. Unless purged, the House
16 may order the Sergeant-at-Arms to remove the member or members
17 without the bar of the House. All privileges of membership shall
18 be refused the member or members so offending until the contempt
19 is purged.
20 RULE 17
21 Order of Business
22 The daily order of business shall be:
23 (1) Prayer by the Chaplain.
24 (2) Pledge of Allegiance.
25 (3) Correction and approval of the Journal.
26 (4) Leaves of absence.
27 (5) Master Roll Call.
28 (6) Reports of Committee.
29 (7) First consideration bills.
30 (8) Second consideration bills.
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1 (9) Third consideration bills, final passage bills
2 (including both third consideration and final passage
3 postponed bills) and resolutions.
4 (10) Final passage bills recalled from the Governor.
5 (11) Messages from the Senate and communications from the
6 Governor.
7 (12) Reference to appropriate committees of bills,
8 resolutions, petitions, memorials, remonstrances and
9 other papers.
10 (13) Unfinished business on the Speaker's table.
11 (14) Announcements.
12 (15) Adjournment.
13 Any question may, by a majority vote of the members elected,
14 be made a special order of business. When the time arrives for
15 its consideration, the Speaker shall lay the special order of
16 business before the House.
17 In lieu of offering House Resolutions on topics of importance
18 to members, any member, without unanimous consent, may address
19 the House on such issue and have his or her remarks entered into
20 the record during a special period of time established each week
21 by the Speaker at the conclusion of House business on a specific
22 day.
23 RULE 18
24 Introduction and Printing of Bills
25 Bills shall be introduced in quadruplicate, signed and dated
26 by each member who is a sponsor of the bill, and filed with the
27 Chief Clerk on any day that the offices of the House of
28 Representatives are open for business. A sponsor may be added or
29 withdrawn upon written notice to the Speaker, Majority Leader,
30 Minority Leader and the prime sponsor. In the case of
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1 withdrawals, the names shall be withdrawn if and when the bill
2 is reprinted. Additional sponsors may be added only by the prime
3 sponsor by providing written notice to the Speaker, Majority
4 Leader and Minority Leader.
5 Bills introduced when received at the Chief Clerk's desk
6 shall be numbered consecutively and delivered to the Speaker,
7 who shall refer each bill to an appropriate committee on any day
8 whether or not the House is in session. If the resolution
9 creating a select committee authorizes the referral of bills to
10 that committee, the Speaker, in his discretion, may refer bills,
11 within the scope of the resolution, to such select committee.
12 Insofar as applicable, the select committee shall consider and
13 report bills in accordance with the rules governing the
14 consideration and reporting of bills by standing committees. The
15 Speaker shall report to the House the committees to which bills
16 have been referred, either on the day introduced or received or
17 on the next two legislative days the House is in session, unless
18 the House is in recess for more than four consecutive days in
19 which case the Speaker shall provide a list to the Majority
20 Leader and the Minority Leader, within two calendar days, of all
21 bills which were referred during such period when the House was
22 not in session.
23 If the Speaker neglects or refuses to refer to committee any
24 bill or bills (whether House or Senate) as above after
25 introduction or presentation by the Senate for concurrence, any
26 member may move for the reference of the bill to an appropriate
27 committee. If the motion is carried, said bill or bills shall be
28 immediately surrendered by the Speaker to the committee
29 designated in said motion.
30 The first copy of each bill introduced shall be for the
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1 committee, the second copy shall be for the printer, the third
2 copy shall be for the news media and the fourth copy shall be
3 for the Legislative Reference Bureau.
4 Every bill, after introduction and reference to committee,
5 shall be printed.
6 Bills may not be withdrawn after reference to committee.
7 RULE 19
8 Bills Referred to Committees
9 No bill shall be considered unless referred to a committee,
10 printed for the use of the members and returned therefrom.
11 (Constitution, Article III, Section 2).
12 RULE 19 (a)
13 Fiscal Notes
14 (1) No bill, except a General Appropriation bill or any
15 amendments thereto, which may require an expenditure of
16 Commonwealth funds or funds of any political subdivision or
17 which may entail a loss of revenues overall, or to any
18 separately established fund shall be given second consideration
19 reading on the calendar until it has first been referred to the
20 Appropriations Committee for a fiscal note, provided however
21 that the Rules Committee may by an affirmative vote of three-
22 quarters of the entire membership to which such committee is
23 entitled:
24 (a) Waive the recommittal to the Appropriations
25 Committee and provide that the fiscal note be attached to the
26 bill while on the active calendar. The providing of such note
27 shall be a priority item for the Appropriations Committee; or
28 (b) Waive the necessity of a fiscal note on any bill
29 which it deems to have a de minimis fiscal impact or which
30 merely authorizes, rather than mandates, an increase in
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1 expenditures or an action that would result in a loss of
2 revenue.
3 (2) Nothing herein shall preclude any member from moving, at
4 the proper time, the recommittal of any bill to the
5 Appropriations Committee for a fiscal note.
6 (3) The Appropriations Committee shall be limited in its
7 consideration of any such bill to the fiscal aspects of the bill
8 and shall not consider the substantive merits of the bill nor
9 refuse to report any such bill from committee for reasons other
10 than fiscal aspects. The fiscal note shall accompany the bill
11 and provide the following information in connection with the
12 Commonwealth and its political subdivisions:
13 (a) The designation of the fund out of which the
14 appropriation providing for expenditures under the bill shall
15 be made;
16 (b) The probable cost of the bill for the fiscal year of
17 its enactment;
18 (c) A projected cost estimate of the program for each of
19 the five succeeding fiscal years;
20 (d) The fiscal history of the program for which
21 expenditures are to be made;
22 (e) The probable loss of revenue from the bill for the
23 fiscal year of its enactment;
24 (f) A projected loss of revenue estimate from the bill
25 for each of the five succeeding fiscal years;
26 (g) The line item, if any, of the General Appropriation
27 Bill out of which expenditures or losses of Commonwealth
28 funds shall occur as a result of the bill;
29 (h) The recommendation, if any, of the Appropriations
30 Committee and the reasons therefor relative to the passage or
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1 defeat of the bill; and
2 (i) A reference to the source of the data from which the
3 foregoing fiscal information was obtained, and an explanation
4 of the basis upon which it is computed.
5 (4) No bill which may result in an increase in the
6 expenditure of Commonwealth funds shall be given second
7 consideration reading on the calendar until the Appropriations
8 Committee has certified that provision has been made to
9 appropriate funds equal to such increased expenditure. Whenever
10 the Appropriations Committee cannot so certify, the bill shall
11 be returned to the committee from which it was last reported for
12 further consideration and/or amendment.
13 (5) No amendment to a bill, concurrences in Senate
14 amendments, or adoption of a conference report which may result
15 in an increase in the expenditure of Commonwealth funds or those
16 of a political subdivision or which may entail a loss of
17 revenues in addition to that originally provided for in the bill
18 prior to the proposed changes nor any bill requiring a fiscal
19 note for which re-referral to the Appropriations Committee has
20 been waived by the Rules Committee shall be voted upon until a
21 fiscal note is available for distribution to the members with
22 respect to such changes or to such bill showing the fiscal
23 effect of the changes with respect to the bill, and containing
24 the information set forth by subsection (3) of this rule.
25 (5.1) All requests for fiscal notes on amendments must be
26 submitted to the Appropriations Committee by 2:00 P.M. of the
27 last legislative day preceding the scheduled vote. The amendment
28 must accompany the request for a fiscal note. If the fiscal note
29 request cannot be submitted in accordance with this subsection
30 because the amendment is still being prepared by the Legislative
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1 Reference Bureau, the member must, by the deadline set forth in
2 this subsection, provide the Appropriations Committee with a
3 statement prepared by the member which contains the factual
4 content of the amendment and which meets the requirements of
5 Rule 21. A fiscal note on an amendment shall not be issued
6 unless the printed amendment has been submitted by the member to
7 the Appropriations Committee for its review.
8 (6) In obtaining the information required by these rules,
9 the Appropriations Committee may utilize the services of the
10 Budget Bureau and any other State agency as may be necessary.
11 (7) Any bill proposing any change relative to the retirement
12 system of the Commonwealth or any political subdivision thereof,
13 funded in whole or in part out of the public funds of the
14 Commonwealth or any political subdivision, shall have attached
15 to it an actuarial note. Except for the provisions pertaining to
16 the content of fiscal notes as set forth in paragraphs (a)
17 through (i) of subsection (3), all the provisions pertaining to
18 and procedures required of bills containing fiscal notes, shall,
19 where applicable, also be required for bills containing
20 actuarial note. The actuarial note shall contain a brief
21 explanatory statement or note which shall include a reliable
22 estimate of the financial and actuarial effect of the proposed
23 change in any such retirement system.
24 RULE 19 (b)
25 General Appropriation Bill and Non-Preferred Bills
26 This rule shall apply to all amendments offered to the
27 General Appropriation Bill for each proposed fiscal year
28 including any amendments offered to or for supplemental
29 appropriations to prior fiscal years contained within the
30 General Appropriation Bill, and shall also apply to all
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1 amendments offered to any non-preferred appropriation bill for
2 the same fiscal year.
3 Any amendment offered on the floor of the House to the
4 General Appropriation Bill that proposes to increase spending of
5 State dollars for the Commonwealth's proposed fiscal year or
6 prior fiscal years above the levels contained in the General
7 Appropriation Bill as reported from the Appropriations Committee
8 plus any aggregate if certified each year by the Appropriations
9 Committee shall not be in order and may not be considered unless
10 the same amendment contains sufficient reductions in line items
11 of that General Appropriation Bill so that the amendment offered
12 does not result in a net increase in the total proposed spending
13 contained within the General Appropriation Bill plus any
14 aggregate if certified by the Appropriations Committee.
15 Any amendment offered on the floor of the House to any non-
16 preferred appropriation bill that proposes to increase spending
17 of State dollars for the current fiscal year above the levels
18 contained in that non-preferred appropriation bill as reported
19 from the Appropriations Committee shall not be in order and may
20 not be considered unless the same amendment contains sufficient
21 reductions in that non-preferred appropriation bill so that the
22 amendment offered does not result in a net increase in the total
23 proposed spending contained within that non-preferred
24 appropriation bill.
25 In order to be considered, amendments to the General
26 Appropriation Bill must be submitted to the Office of the Chief
27 Clerk by 2:00 P.M. of the Monday of the week prior to the
28 scheduled vote of the General Appropriation Bill. The
29 Appropriations Committee for special and proper reason and by
30 majority vote, may waive this deadline. Members shall be
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1 notified of the scheduled vote on the General Appropriation Bill
2 no later than 4:30 P.M. of the Wednesday preceding the above
3 noted Monday on which the amendments must be filed to the Bill.
4 Rule 21 of the Rules of the House, insofar as it applies to the
5 filing deadline for amendments and notice requirements for the
6 voting schedule for the General Appropriation Bill, shall not
7 apply to this rule. Rule 21 shall, however, apply to the non-
8 preferred appropriation bills.
9 If the amendment cannot be submitted in accordance with the
10 provision of the previous paragraph because it is still being
11 prepared by the Legislative Reference Bureau, the member must,
12 by 2:00 P.M. on the Monday of the week prior to the scheduled
13 vote, provide the Office of the Chief Clerk with a statement,
14 prepared by the member containing the factual content and exact
15 amounts of increases and decreases in line items which would be
16 proposed in the amendment, along with certification from the
17 Legislative Reference Bureau that the amendment was submitted to
18 the Legislative Reference Bureau prior to 2:00 P.M. on the
19 aforementioned Monday. This filing deadline does not apply to
20 amendments to any non-preferred appropriation bill.
21 Debate on any debatable question related to the General
22 Appropriation Bill or a nonpreferred appropriation bill shall be
23 limited to five minutes each time a member is recognized. On the
24 bill a sponsor of an amendment shall be entitled to be
25 recognized twice, a maker of a debatable motion shall be
26 entitled to be recognized twice, any other members shall be
27 entitled to be recognized once.
28 This rule may be temporarily suspended only by two-thirds
29 vote of the members elected to the House by a roll call vote.
30 RULE 20
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1 Bills Confined to One Subject
2 No bill shall be passed containing more than one subject,
3 which shall be clearly expressed in its title, except a general
4 appropriation bill or a bill codifying or compiling the law or a
5 part thereof. (Constitution, Article III, Section 3).
6 RULE 21
7 Consideration of Bills
8 Every bill and every joint resolution shall be considered on
9 three different days. All amendments made thereto shall be
10 printed for the use of the members before the final vote is
11 taken thereon, and before the final vote is taken, upon written
12 request addressed to the presiding officer by at least 25% of
13 the members elected to the House, any bill shall be read at
14 length. No bill shall become law and no joint resolution adopted
15 unless, on its final passage, the vote is taken by yeas and
16 nays, the names of the persons voting for and against it are
17 entered on the Journal, and a majority of the members elected to
18 the House is recorded thereon as voting in its favor.
19 (Constitution, Article III, Section 4).
20 Members shall be notified of bills and resolutions scheduled
21 to be voted no later than prior to the close of business at 4:30
22 P.M. of the second legislative day prior to the scheduled vote
23 on final passage for legislation that has no legal deadline.
24 (The General Appropriation Act and non-preferred bills are
25 included within the definition of legislation that has no legal
26 deadline.) All amendments shall be submitted to the Office of
27 the Chief Clerk by 2:00 P.M. of the last legislative day
28 preceding the scheduled vote. No vote on final passage can occur
29 before the date of the scheduled vote.
30 If the amendment cannot be submitted in accordance with the
20070H0008R0002 - 24 -
1 above paragraph because it is still being prepared by the
2 Legislative Reference Bureau, the member must provide the Office
3 of the Chief Clerk with a statement, by the above-noted 2:00
4 P.M. deadline, prepared by the member containing the factual
5 content of said amendment along with certification from the
6 Legislative Reference Bureau that the amendment was submitted to
7 the Legislative Reference Bureau for drafting prior to the
8 above-noted 2:00 P.M. deadline.
9 Members shall be notified no later than one hour prior to the
10 consideration of all bills on concurrence, unless the
11 concurrence is the General Appropriation Bill, in which case at
12 least 24 hours' notice shall be provided. Additionally, members
13 shall be notified and conference committee reports shall be
14 available to members at least 24 hours prior to the adoption of
15 all conference committee reports. When these reports are
16 considered on the first legislative day of the week, said notice
17 shall be provided no later than the close of business on the
18 last business day preceding the vote.
19 RULE 22
20 First Consideration Bills
21 Bills reported from committees shall be considered for the
22 first time when reported and shall then be automatically removed
23 from the calendar and laid on the table, except House bills
24 reported from committees after the first Monday in June until
25 the first Monday in September which shall then be automatically
26 recommitted to the Committee on Rules.
27 After the first Monday in September, any bill which was
28 automatically recommitted to the Committee on Rules pursuant to
29 this Rule 22 shall automatically be re-reported to the floor of
30 the House and laid on the table.
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1 The Rules Committee shall not in any instance have the power
2 to amend a bill that has already gone through another committee.
3 Any bill which was automatically laid on the table pursuant
4 to this Rule 22 and has remained on the table for 15 legislative
5 days shall automatically be removed from the table and returned
6 to the calendar for second consideration the next legislative
7 day.
8 Any bill which was automatically laid on the table pursuant
9 to this Rule 22 may be removed from the table by motion of the
10 Majority Leader, or his designee, acting on a report of the
11 Committee on Rules. Such report shall be in writing and a copy
12 thereof distributed to each member. Any bill so removed from the
13 table shall be placed on the second consideration calendar on
14 the legislative day following such removal. Nothing herein shall
15 affect the right of any member to make a motion to remove a bill
16 from the table.
17 Amendments shall not be proposed, nor is any other motion in
18 order on first consideration.
19 Bills shall not be considered beyond first consideration
20 until the latest print thereof is on the desks of the members.
21 Any noncontroversial bill, which is defined as any bill,
22 other than an appropriations bill, approved by a committee with
23 no negative votes or abstentions, and with the approval of the
24 Majority Leader and the Minority Leader, shall be placed on an
25 uncontested calendar. Bills on the uncontested calendar shall be
26 voted upon by a single roll-call vote. Each bill listed on the
27 uncontested calendar will be printed separately in the journal
28 with the vote recorded on the approval of the uncontested
29 calendar as the vote on final passage of each bill contained
30 therein.
20070H0008R0002 - 26 -
1 If any member should object to the placement of a bill on the
2 uncontested calendar, the bill shall be automatically removed
3 from the uncontested calendar and placed on the regular calendar
4 the next legislative day.
5 RULE 23
6 Second Consideration Bills
7 Bills on second consideration shall be considered in their
8 calendar order and be subject to amendment.
9 No House bill on second consideration shall be considered
10 until called up by a member.
11 RULE 24
12 Third Consideration and Final Passage Bills
13 Bills on third consideration and final passage shall be
14 considered in their calendar order.
15 A bill on third consideration may be amended.
16 After a bill is agreed to on third consideration, prior to
17 voting, if the bill has not been caucused upon by both caucuses
18 or if the bill is not available on the Legislative Data
19 Processing floor system, the title or a brief analysis of the
20 bill shall be read.
21 The Speaker shall then state the question as follows:
22 "This bill has been considered on three different days
23 and agreed to and is now on final passage."
24 "The question is, shall the bill pass finally?"
25 "Agreeable to the provision of the Constitution, the yeas
26 and nays will now be taken."
27 When more than one bill shall be considered at the same time,
28 prior to voting, if the bill has not been caucused upon by both
29 caucuses or if the bill is not available on the Legislative Data
30 Processing floor system, the title or a brief analysis of the
20070H0008R0002 - 27 -
1 bill shall be read.
2 The Speaker shall then state the question as follows:
3 "These bills have been considered on three different days
4 and agreed to and are now on final passage."
5 "The question is, shall the bills on the uncontested
6 calendar pass finally?"
7 "Agreeable to the provision of the Constitution, the yeas
8 and nays will now be taken."
9 RULE 25
10 Defeated Bills
11 When a bill or resolution has been defeated by the House, it
12 shall not be reintroduced, or, except as provided in Rule 26, be
13 reconsidered, nor shall it be in order to consider a similar
14 one, or to act on a Senate bill or resolution of like import,
15 during the same session.
16 RULE 26
17 Reconsideration
18 A motion to reconsider the vote by which a bill, resolution
19 or other matter was passed or defeated shall be made in writing
20 by two members. The motion shall be in order only under the
21 order of business in which the vote proposed to be reconsidered
22 occurred and shall be decided on a roll-call vote by a majority
23 vote. No motion to reconsider shall be in order when the bill,
24 resolution or other matter is no longer in the possession of or
25 is not properly before the House.
26 A motion to reconsider any such vote must be made on the same
27 day on which the initial vote was taken or within the succeeding
28 five days in which the House is in session, provided such bill,
29 resolution or other matter is still in the possession of or is
30 properly before the House.
20070H0008R0002 - 28 -
1 When a motion to reconsider any such vote is made within the
2 aforesaid time limits and is decided by the affirmative vote
3 prescribed herein, the question immediately recurs on the bill,
4 resolution or other matter reconsidered.
5 Where a bill, resolution or other matter has been initially
6 defeated and a motion to reconsider is not timely made, then
7 such bill, resolution or other matter shall carry the status of
8 "defeated finally" and not properly before the House. Therefore,
9 it shall not be in order to entertain a motion to reconsider any
10 such vote.
11 Where a timely made motion to reconsider is lost, it shall
12 not be in order to again entertain a motion to reconsider any
13 such vote, even though such second motion to reconsider is
14 timely made.
15 Where a bill, resolution, or other matter has been initially
16 defeated, and a timely made motion to reconsider the vote is
17 lost, or if no motion to reconsider the vote was timely made,
18 then it shall not be in order for the House thereafter to
19 receive or consider a new bill, resolution or other matter
20 embracing therein a subject or purpose basically identical to or
21 of similar import to the subject matter or purpose of the bill,
22 resolution or matter initially defeated.
23 The vote on a bill or resolution recalled from the Governor
24 may be reconsidered at any time after the bill or resolution has
25 been returned to the House.
26 No bill, resolution or other matter may be reconsidered more
27 than twice on the same legislative day.
28 RULE 27
29 Amendments
30 No bill shall be amended so as to change its original
20070H0008R0002 - 29 -
1 purpose. (Constitution, Article III, Section 1).
2 No motion or proposition on a subject different from that
3 under consideration shall be admitted under color of amendment.
4 Any member may move to amend a bill or resolution, provided
5 the proposed amendment is germane to the subject. Questions
6 involving whether an amendment is germane to the subject shall
7 be decided by the House.
8 No amendment to an amendment shall be admitted nor
9 considered.
10 If an amendment is not filed in a timely manner pursuant to
11 the provisions of House Rule 21, then the sponsor of the
12 amendment shall explain the amendment prior to consideration by
13 the House.
14 Before consideration, nine typewritten copies of a proposed
15 amendment signed by its sponsor shall be presented to the
16 Speaker, one copy of which shall be delivered to the news media
17 and a printed copy in typewritten form prepared by the
18 Legislative Reference Bureau shall be placed on the desk of each
19 member if the amendment is not available on the Legislative Data
20 Processing floor system.
21 Amendments adopted or defeated may not be considered again
22 without first reconsidering the vote.
23 RULE 28
24 Bills Amending Existing Law
25 Bills amending existing law shall indicate present language
26 to be omitted by placing it within brackets and new language to
27 be inserted by underscoring. (Constitution, Article III, Section
28 6).
29 RULE 29
30 Form for Printing Amendments
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1 In printing amendments to bills and resolutions, all new
2 matter added shall be in CAPITAL LETTERS, and matter to be
3 eliminated shall be indicated by strike-out type.
4 In reprinting House bills previously amended by the House and
5 in reprinting Senate bills previously amended by the Senate, but
6 not in Senate bills previously amended by the House, all matters
7 appearing in strike-out type shall be dropped from the new print
8 and all matter appearing in CAPITAL LETTERS shall be reset in
9 lower case Roman type.
10 RULE 30
11 Bills Amended by the Senate
12 When a bill or joint resolution has been amended by the
13 Senate and returned to the House for concurrence, it shall be
14 referred automatically to the Committee on Rules immediately
15 upon the reading of the message from the Senate by the Clerk.
16 The Committee on Rules may amend any bill or resolution
17 containing Senate amendments.
18 When said bill or resolution has been favorably reported by
19 the Committee on Rules, either as committed or as amended, said
20 bill or resolution shall be placed on the calendar and copies
21 thereof shall be placed on the desks of the members. When acting
22 on bills or joint resolutions amended by the Senate, the
23 amendments shall be read and the question put on the concurrence
24 in the amendments.
25 The House shall not consider any proposed amendment to any
26 amendment made by the Senate to a bill or joint resolution, nor
27 consider any amendment to any amendment made by the Committee on
28 Rules.
29 A majority vote of the members elected to the House taken by
30 yeas and nays shall be required to concur in amendments made by
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1 the Senate, except for appropriations to charitable and
2 educational institutions not under the absolute control of the
3 Commonwealth, where a vote of two-thirds of all the members
4 elected to the House shall be required to concur. (Constitution,
5 Article III, Sections 5 and 30).
6 RULE 31
7 Bills Vetoed by the Governor
8 When the Governor has returned a bill to the House with his
9 objections, the veto message shall be read and the House shall
10 proceed to reconsider it. (Constitution, Article IV, Section
11 15).
12 RULE 32
13 Hospital and Home Appropriations or
14 Acquiring Lands of the Commonwealth
15 No bills appropriating moneys to State-aided hospitals or
16 State-aided homes shall be introduced in the House, except such
17 as appropriate in single bills the total sum to be appropriated
18 to all of the institutions within the same class or group.
19 Requests for appropriations for particular State-aided hospitals
20 or State-aided homes shall be filed with the Chairman of the
21 Committee on Appropriations on forms to be furnished by the said
22 Committee on Appropriations, and shall be signed by the member
23 requesting the appropriation.
24 No bill granting or conveying Commonwealth lands or taking
25 title thereto shall be reported by any committee to the House
26 unless there has been filed with the Chief Clerk and the
27 chairman of the reporting committee a memorandum from the
28 Department of General Services indicating the use to which the
29 property is presently employed, the full consideration for the
30 transfer, if any, a departmental appraisal of the property,
20070H0008R0002 - 32 -
1 including its valuation and a list of recorded liens and
2 encumbrances, if any, the use to which the property will be
3 employed upon its transfer, the date by which the land is needed
4 for its new use, and the legislative district or districts in
5 which the land is located. The memorandum shall contain a
6 statement by a responsible person in the Department of General
7 Services indicating whether or not the administration favors the
8 transfer which is the subject of the bill under consideration.
9 RULE 33
10 Special Legislation
11 No local or special bill shall be passed by the House unless
12 notice of the intention to apply therefor has been published in
13 the locality where the matter or the thing to be affected may be
14 situated, which notice shall be at least 30 days prior to the
15 introduction into the General Assembly of such bill and in the
16 manner provided by law; the evidence of such notice having been
17 published shall be exhibited in the General Assembly before the
18 act shall be passed. (Constitution, Article III, Section 7).
19 No local or special bill shall be considered in violation of
20 Article III, Section 32, of the Constitution.
21 RULE 34
22 Nonpreferred Appropriations
23 No bill shall be passed appropriating money to any charitable
24 or educational institution not under absolute control of the
25 Commonwealth, except by a vote of two-thirds of all members
26 elected. (Constitution, Article III, Section 17).
27 RULE 35
28 House and Concurrent Resolutions
29 Members introducing resolutions other than concurrent
30 resolutions shall file five copies thereof; seven copies of
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1 concurrent resolutions shall be filed. All resolutions shall be
2 signed by their sponsors, dated and filed with the Chief Clerk.
3 After being numbered, one copy of all resolutions shall be given
4 to the news media and all other copies delivered to the Speaker.
5 A sponsor may not be added or withdrawn after a resolution has
6 been printed. Resolutions may not be withdrawn after reference
7 to a committee.
8 Unless privileged under Rule 36 for immediate consideration
9 or deemed noncontroversial by the Speaker in consultation with
10 the Majority Leader and the Minority Leader, the Speaker shall
11 refer House resolutions (except discharge resolutions) and
12 Senate resolutions presented to the House for concurrence to
13 appropriate committees.
14 House resolutions deemed noncontroversial by the Speaker,
15 including, but not limited to, condolence and congratulatory
16 resolutions, shall be considered under the proper order of
17 business on the same day as introduced or within two legislative
18 days thereafter without being referred to committee.
19 The Speaker shall report to the House the committees to which
20 resolutions have been referred, either on the day introduced or
21 received or the next two legislative days the House is in
22 session.
23 A resolution introduced in the House and referred to
24 committee shall be printed and placed in the House files.
25 When a resolution (House or Senate) is reported from
26 committee, it shall be placed on the calendar and may be called
27 up by a member for consideration by the House under the order of
28 business of resolutions. A House resolution other than a
29 concurrent or joint resolution shall be adopted by a majority of
30 the members voting.
20070H0008R0002 - 34 -
1 RULE 36
2 Privileged Resolutions
3 Resolutions privileged for the immediate consideration of the
4 House are those:
5 (1) Recalling from or returning bills to the Governor.
6 (2) Recalling from or returning bills to the Senate.
7 (3) Originated by the Committee on Rules.
8 (4) Providing for a Joint Session of the Senate and House
9 and its procedure.
10 (5) Placing bills negatived by committees on the calendar.
11 (6) Adjournment or recess.
12 RULE 37
13 Legislative Citation
14 A member making a request that a Legislative Citation be
15 issued to a particular person or on a specified occasion shall
16 provide the Legislative Reference Bureau with the facts
17 necessary for the preparation of the citation on a suitable
18 form.
19 The citation request shall be filed with the Chief Clerk and
20 automatically referred to the Speaker who may approve and sign
21 such citation on behalf of the House of Representatives.
22 One original citation shall be issued by the Chief Clerk.
23 RULE 38
24 Sine Die and Final Introduction of Bills
25 Resolutions fixing the time for adjournment of the General
26 Assembly sine die and the last day for introduction of bills in
27 the House shall be referred to the Committee on Rules before
28 consideration by the House.
29 RULE 39
30 Petitions, Remonstrances and Memorials
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1 Petitions, remonstrances, memorials and other papers
2 presented by a member shall be signed, dated and filed with the
3 Chief Clerk to be by him handed to the Speaker for reference to
4 appropriate committees.
5 The Speaker shall report to the House the committees to which
6 petitions, remonstrances, memorials and other papers have been
7 referred, not later than the next day the House is in session
8 following the day of filing.
9 RULE 40
10 Messages
11 Messages from the Senate and communications from the Governor
12 shall be received and read in the House within one legislative
13 day thereafter.
14 All House and Senate bills shall be delivered to the Senate
15 with appropriate messages no later than the close of the next
16 legislative day of the Senate which follows the fifth
17 legislative day after which the House acted on such bill.
18 All House bills returned by the Senate after final passage
19 therein without amendment, and all conference committee reports
20 on House bills received from the Senate and adopted by the
21 House, shall be signed by the Speaker within one legislative day
22 after receipt or adoption, respectively, and shall be delivered
23 to the Senate before the close of the next legislative day of
24 the Senate.
25 All House bills and all conference committee reports on House
26 bills signed by the Speaker shall be delivered to the Governor
27 within 24 hours after return from the Senate with the signature
28 of the appropriate Senate officer.
29 RULE 41
30 Kind and Rank of Committee
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1 The Committees of the House shall be of four kinds and rank
2 in the order named:
3 (1) Committee of the Whole House.
4 (2) Standing Committees.
5 (3) Select Committees.
6 (4) Conference Committees.
7 RULE 42
8 Committee of the Whole
9 The House may resolve itself into a Committee of the Whole at
10 any time on the motion of a member adopted by a majority vote of
11 the House.
12 In forming the Committee of the Whole, the Speaker shall
13 leave the chair, after appointing a Chairman to preside.
14 The rules of the House shall be observed in the Committee of
15 the Whole as far as applicable, except that a member may speak
16 more than once on the same question.
17 A motion to adjourn, to lay on the table, or for the previous
18 question cannot be put in the Committee of the Whole; but a
19 motion to limit or close debate is permissible.
20 A motion that the Committee of the Whole "do now rise and
21 report back to the House," shall always be in order, and shall
22 be decided without debate.
23 Amendments made in the Committee of the Whole shall not be
24 read when the Speaker resumes the Chair, unless so ordered by
25 the House.
26 RULE 43
27 Standing Committees and Subcommittees
28 The Committee on Committees shall consist of the Speaker and
29 15 members of the House, ten of whom shall be members of the
30 majority party and five of whom shall be members of the minority
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1 party, whose duty shall be to recommend to the House the names
2 of members who are to serve on the standing committees of the
3 House. Except for the Speaker, the Majority and Minority
4 Leaders, Whips, Caucus Chairmen, Caucus Secretaries, Caucus
5 Administrators, Policy Chairmen and the chairmen and minority
6 chairmen of standing committees, each member shall be entitled
7 to serve on not less than two standing committees.
8 The Speaker shall appoint the chairman and vice-chairman of
9 each standing committee when such standing committee has no
10 standing subcommittees as prescribed herein, except the
11 Committee on Appropriations which shall also have a vice-
12 chairman appointed by the Speaker; when the standing committee
13 has standing subcommittees, the Speaker shall appoint a
14 subcommittee chairman for each standing subcommittee. The
15 Speaker shall appoint a secretary for each standing committee.
16 The Minority Leader shall appoint the minority chairman,
17 minority vice-chairman and minority secretary of each standing
18 committee and the minority subcommittee chairman for each
19 standing subcommittee.
20 Except for members who decline a chairmanship or minority
21 chairmanship in writing or who are barred from serving as a
22 chairman or minority chairman under this rule, the chairmanship
23 and minority chairmanship of each standing committee except the
24 Appropriations Committee shall be limited only to the members of
25 the applicable caucus with the most seniority as members of
26 their respective caucus. Whenever there are more caucus members
27 with equal seniority than available chairmanships or minority
28 chairmanships for that caucus, the selection of a chairman or
29 minority chairman from among such caucus members shall be in the
30 discretion of the appointing authority. The appointing authority
20070H0008R0002 - 38 -
1 may designate the standing committee to which he shall appoint a
2 member as chairman or minority chairman without regard to
3 seniority. The Speaker and the Floor Leader, Whip, Caucus
4 Chairman, Caucus Secretary, Caucus Administrator and Policy
5 Chairman of the majority party and minority party shall not be
6 eligible to serve as chairman or minority chairman of any
7 standing committee and no member may serve as chairman or
8 minority chairman of more than one standing committee.
9 Any chairmanship or minority chairmanship held by a member
10 who fails to meet the requirements of this rule shall become
11 vacant by automatic operation of this rule. If the appointing
12 authority fails to make an appointment of a chairman or minority
13 chairman prior to the organizational meeting of a standing
14 committee or fails to fill a vacancy within seven calendar days
15 after it occurs, such position shall be deemed to remain vacant
16 in violation of this rule. Whenever a chairmanship or minority
17 chairmanship becomes vacant or remains vacant in violation of
18 this rule, the member of the applicable caucus who meets the
19 requirements of this rule shall automatically fill the vacancy
20 and, if there are two or more such eligible caucus members for
21 any such vacancy or vacancies, they shall be filled from among
22 such eligible members through a lottery to be conducted under
23 the supervision of the Chief Clerk after giving notice of the
24 time and place thereof to all eligible members, to the Speaker,
25 to the Majority Leader and to the Minority Leader.
26 Nothing in this rule shall prohibit the appointing authority
27 from transferring a member from the chairmanship or minority
28 chairmanship of a standing committee to the chairmanship or
29 minority chairmanship of another standing committee.
30 Whenever the appointment of a chairman or minority chairman
20070H0008R0002 - 39 -
1 will cause the applicable caucus to exceed its permissible
2 allocation of members on a standing committee, the appointing
3 authority shall make a temporary transfer of an eligible
4 committee member to the standing committee vacated by the member
5 appointed as chairman or minority chairman until a regular
6 committee appointment can be made in accordance with the rules
7 of the House. If the Speaker or Minority Leader fails to make a
8 temporary transfer within seven calendar days after such
9 appointment, the committee member with the least seniority, who
10 is eligible for transfer, shall be automatically transferred to
11 the committee vacated by the newly appointed chairman or
12 minority chairman and, if more than one committee member is
13 eligible for such transfer, the transfer shall be implemented
14 through a lottery conducted under the supervision of the Chief
15 Clerk.
16 The Speaker of the House, Floor Leader of the majority party
17 and the Floor Leader of the minority party shall be ex-officio
18 members of all standing committees, without the right to vote
19 and they shall be excluded from any limitation as to the number
20 of members on the committees or in counting a quorum.
21 [Twenty-three] Twenty-four standing committees of the House,
22 each to consist of 28 members except the Committee on
23 Appropriations, which shall consist of 34 members, are hereby
24 created. In addition, there are hereby created 42 standing
25 subcommittees.
26 All standing committees shall consist of 16 members of the
27 majority party and 12 members of the minority party, except the
28 Committee on Appropriations which shall consist of 21 members of
29 the majority party and 13 members of the minority party. The
30 quorum for each of the standing committees and subcommittees
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1 shall be no less than the majority of said committees. The
2 following are the standing committees and subcommittees thereof:
3 (1) Aging and Older Adult Services
4 (a) Subcommittee on Care and Services
5 (b) Subcommittee on Programs and Benefits
6 (2) Agriculture and Rural Affairs
7 (3) Appropriations
8 (a) Subcommittee on Health and Welfare
9 (b) Subcommittee on Education
10 (c) Subcommittee on Economic Impact and Infrastructure
11 (d) Subcommittee on Fiscal Policy
12 (4) Children and Youth
13 (5) Commerce
14 (a) Subcommittee on Financial Services and Banking
15 (b) Subcommittee on Housing
16 (c) Subcommittee on Economic Development
17 (6) Consumer Affairs
18 (a) Subcommittee on Public Utilities
19 (b) Subcommittee on Telecommunications
20 (7) Education
21 (a) Subcommittee on Basic Education
22 (b) Subcommittee on Higher Education
23 (8) Environmental Resources and Energy
24 (a) Subcommittee on Energy
25 (b) Subcommittee on Mining
26 (c) Subcommittee on Parks and Forests
27 (9) Finance
28 (10) Game and Fisheries
29 (10.1) Gaming Oversight
30 (11) Health and Human Services
20070H0008R0002 - 41 -
1 (a) Subcommittee on Health
2 (b) Subcommittee on Human Services
3 (c) Subcommittee on Drugs and Alcohol
4 (12) Insurance
5 (13) Judiciary
6 (a) Subcommittee on Crime and Corrections
7 (b) Subcommittee on Courts
8 (c) Subcommittee on Family Law
9 (14) Intergovernmental Affairs
10 (a) Subcommittee on Information Technology
11 (b) Subcommittee on Federal-State Relations
12 (15) Labor Relations
13 (16) Liquor Control
14 (a) Subcommittee on Licensing
15 (b) Subcommittee on Marketing
16 (17) Local Government
17 (a) Subcommittee on Boroughs
18 (b) Subcommittee on Counties
19 (c) Subcommittee on Townships
20 (18) Professional Licensure
21 (19) State Government
22 (20) Tourism and Recreational Development
23 (a) Subcommittee on Arts and Entertainment
24 (b) Subcommittee on Recreation
25 (c) Subcommittee on Travel Promotion
26 (21) Transportation
27 (a) Subcommittee on Highways
28 (b) Subcommittee on Public Transportation
29 (c) Subcommittee on Transportation Safety
30 (d) Subcommittee on Aviation
20070H0008R0002 - 42 -
1 (e) Subcommittee on Railroads
2 (22) Urban Affairs
3 (a) Subcommittee on Cities, Counties - First Class
4 (b) Subcommittee on Cities, Counties - Second Class
5 (c) Subcommittee on Cities, Third Class
6 (23) Veterans Affairs and Emergency Preparedness
7 (a) Subcommittee on Military and Veterans Facilities
8 (b) Subcommittee on Security and Emergency Response
9 Readiness
10 RULE 44
11 Organization of Standing Committees
12 and Subcommittees
13 The membership of each standing committee shall first meet
14 upon the call of its chairman and perfect its organization. A
15 majority of the members to which each standing committee is
16 entitled shall constitute a quorum for it to proceed to
17 business. Each standing committee shall have the power to
18 promulgate rules not inconsistent with these rules which may be
19 necessary for the orderly conduct of its business.
20 Where a standing committee has standing subcommittees as
21 prescribed by Rule 43, the membership on such standing
22 subcommittees shall be appointed by the Committee on Committees
23 after consultation with each chairman of a standing committee of
24 which the standing subcommittee is a part. Each standing
25 subcommittee shall consist of the chairman of its parent
26 standing committee, as an ex-officio member, the chairman of the
27 standing subcommittee, and five other members from the parent
28 standing committee to be appointed by the Committee on
29 Committees, three from among the majority party after
30 consultation with the Majority Leader and two from among the
20070H0008R0002 - 43 -
1 minority party after consultation with the Minority Leader.
2 Where it is deemed advisable that the membership of any standing
3 subcommittee be of greater number than that prescribed herein,
4 the Committee on Committees may appoint additional members of
5 the standing committee from the majority or minority party to
6 serve on such standing subcommittee. The number of additional
7 members selected should be such as to maintain, as far as is
8 practicable, a ratio in majority and minority party membership
9 which affords a fair and reasonable representation to the
10 minority party on the standing subcommittee.
11 The chairman and the minority chairman of each standing
12 committee shall be ex-officio members of each standing
13 subcommittee which is part of the parent standing committee,
14 with the right to attend standing subcommittee meetings and vote
15 on any matter before such standing subcommittee.
16 A majority of the members of each standing subcommittee shall
17 constitute a quorum for the proper conduct of its business. Each
18 standing subcommittee may promulgate such rules necessary for
19 the conduct of its business which are not inconsistent with the
20 rules of its parent standing committee or the Rules of the
21 House.
22 When the chairman of a standing committee has referred a
23 bill, resolution or other matter to a standing subcommittee, the
24 power and control over such bill, resolution or other matter
25 shall then reside in such subcommittee for a reasonable period
26 of time thereafter in order that such subcommittee may consider
27 the bill, resolution or other matter and return the same to its
28 standing committee with its recommendations as to the action
29 which ought to be taken on such bill, resolution or other
30 matter.
20070H0008R0002 - 44 -
1 Each standing subcommittee, within a reasonable time after it
2 has received a bill, resolution or other matter, shall meet as a
3 committee for the purpose of considering the same and returning
4 the bill, resolution or other matter back to its parent standing
5 committee with a subcommittee report as to what action it
6 recommends. The report of the subcommittee on a bill, resolution
7 or other matter being returned to the standing committee shall
8 contain one of the following recommendations:
9 (1) that the bill, resolution or other matter in its present
10 form be reported to the House,
11 (2) that the bill, resolution, or other matter not be
12 reported to the House,
13 (3) that the bill, resolution or other matter be reported to
14 the House, with recommendations for amendments,
15 (4) that the bill, resolution or other matter is returned
16 without recommendations.
17 When a standing committee receives reports from its
18 subcommittees, it shall consider the same and by majority vote
19 of the members of the standing committee either approve or
20 disapprove such report. If disapproved, the standing committee
21 may then determine by a majority vote of its members what
22 further action, if any, should be taken on such bill, resolution
23 or other matter.
24 Where no action has been taken by a standing subcommittee on
25 a bill, resolution or other matter referred to it, and the
26 chairman of the standing committee considers that such
27 subcommittee has had reasonable time to consider the bill,
28 resolution or other matter and return the same to its parent
29 standing committee, the subcommittee chairman shall then
30 forthwith surrender and forward the same, together with all
20070H0008R0002 - 45 -
1 documents or papers pertaining thereto, to the standing
2 committee.
3 In the event that a chairman of a standing committee is
4 absent, the following rules shall apply:
5 (1) If such standing committee has no subcommittee
6 prescribed by Rule 44, the vice-chairman of the standing
7 committee shall act as chairman of the committee meetings.
8 (2) If such standing committee has only one subcommittee,
9 the subcommittee chairman shall act as chairman of the standing
10 committee.
11 (3) If the standing committee has more than one
12 subcommittee, the subcommittee chairman with the longest
13 consecutive legislative service shall act as chairman of the
14 standing committee, except where the subcommittee chairmen have
15 equal legislative service, in which case the Speaker of the
16 House shall designate one of the subcommittee chairmen to act as
17 chairman of the standing committee.
18 In case of absence of a subcommittee chairman, the chairman
19 of the appropriate standing committee shall designate one member
20 from either the standing committee or subcommittee to act as
21 chairman of the subcommittee.
22 RULE 45
23 Powers and Duties of Standing Committees
24 and Subcommittees
25 The chairman of each standing committee and subcommittee
26 shall fix regular weekly, biweekly or monthly meeting days for
27 the transaction of business before the committee or
28 subcommittee. The chairman of the committee or subcommittee
29 shall notify all members, at least 24 hours in advance of the
30 date, time and place of regular meetings, and, insofar as
20070H0008R0002 - 46 -
1 possible, the subjects on the agenda. In addition to regular
2 meetings, special meetings may be called from time to time by
3 the chairman of the committee or subcommittee as they deem
4 necessary. No recess or combination of recesses shall exceed 48
5 hours for any committee meeting or subcommittee meeting. No
6 committee shall meet during any session of the House without
7 first obtaining permission of the Speaker. During any such
8 meeting, no vote shall be taken on the Floor of the House on any
9 amendment, recommittal motion, final passage of any bill, or any
10 other matter requiring a roll call vote. Any committee meeting
11 called off the Floor of the House shall meet in a committee
12 room. In addition to the specific provisions of this Rule 45,
13 all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings)
14 relative to notice of meetings shall be complied with.
15 At regularly scheduled meetings, or upon the call of the
16 chairman, or subcommittee chairman, for special meetings, the
17 membership of such committees shall meet to consider any bill,
18 resolution, or other matter on the agenda. The secretary of each
19 standing committee, or in case of subcommittees a secretary
20 designated by the subcommittee chairman, shall record:
21 (1) the minutes of the meeting,
22 (2) all votes taken,
23 (3) a roll or attendance of members at standing committee or
24 subcommittee meetings showing the names of those present, absent
25 or excused from attendance, and the majority and minority
26 chairmen or their designees shall verify by their signatures all
27 votes taken and the roll or attendance of those members present,
28 absent or excused before said records are submitted to the Chief
29 Clerk, and
30 (4) dispatch of bills and resolutions before the committee.
20070H0008R0002 - 47 -
1 Such records shall be open to public inspection. On the first
2 legislative day of each week the House is in session, the
3 chairman of each standing committee shall submit to the Chief
4 Clerk for inclusion in the House Journal only, the roll or
5 record of attendance of members at standing committee or
6 subcommittee meetings held prior thereto and not yet reported,
7 along with the record of all votes taken at such meetings. All
8 reports from standing committees shall be prepared in writing by
9 the secretary of the committee. Members of a standing committee
10 may prepare in writing and file a minority report, setting forth
11 the reasons for their dissent. Such committee reports shall be
12 filed with the Chief Clerk within five days of the meeting. All
13 meetings at which formal action is taken by a standing committee
14 or subcommittee shall be open to the public, making such reports
15 as are required under Rule 44. When any member, except for an
16 excused absence, fails to attend five consecutive regular
17 meetings of his committee, the chairman of that committee or
18 subcommittee shall notify him of that fact and, if the member in
19 question fails to reasonably justify his absences to the
20 satisfaction of a majority of the membership of the standing
21 committee of which he is a member, his membership on the
22 committee or subcommittee shall be deemed vacant and the
23 chairman of the standing committee shall notify the Speaker of
24 the House to that effect. Such vacancy shall then be filled in
25 the manner prescribed by these rules.
26 Whenever the chairman of any standing committee shall refuse
27 to call a regular meeting, then a majority of the members of the
28 standing committee may vote to call a meeting by giving two days
29 written notice to the Speaker of the House, setting the time and
30 place for such meeting. Such notice shall be read in the House
20070H0008R0002 - 48 -
1 and the same posted by the Chief Clerk in the House Chamber.
2 Thereafter, the meeting shall be held at the time and place
3 specified in the notice. In addition, all provisions of 65
4 Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of
5 meetings shall be complied with.
6 Records, bills and other papers in the possession of
7 committees and subcommittees, upon final adjournment of the
8 House shall be filed with the Chief Clerk.
9 No committee report, except a report of the Appropriations
10 Committee, shall be recognized by the House, unless the same has
11 been acted upon by a majority vote of the members of a standing
12 committee present at a committee session actually assembled and
13 meeting as a committee, provided such majority vote numbers at
14 least 13 members, and provided further a quorum is present. No
15 committee report of the Appropriations Committee shall be
16 recognized by the House, unless the same has been acted upon by
17 a majority vote of the members of such committee present at a
18 committee session actually assembled and meeting as a committee,
19 provided such majority vote numbers at least 14 members, and
20 provided further a quorum is present.
21 No proxy voting shall be permitted in committee, except as
22 provided for herein. If a member reports to a scheduled
23 committee meeting and advises the chairman and other members of
24 a conflicting committee meeting or other legislative meeting
25 which he or she must attend on the same day, the member is
26 authorized to give the chairman or minority chairman his or her
27 proxy in writing which shall be valid only for that day and
28 which shall include written instructions for the exercise of
29 such proxy by the chairman or minority chairman during the
30 meeting. The member should also advise the chairman where he or
20070H0008R0002 - 49 -
1 she can be reached. In the event the conflicting committee
2 meeting or other legislative meeting is scheduled to convene at
3 the same time or prior to the meeting at which a member desires
4 to vote by proxy, such proxy shall be delivered by the member in
5 person to the offices of both the chairman and minority chairman
6 prior to, but on the same day as, the conflicting meetings.
7 When the majority of the members of a standing committee
8 believe that a certain bill or resolution in the possession of
9 the standing committee should be considered and acted upon by
10 such committee, they may request the chairman to include the
11 same as part of the business of a committee meeting. Upon
12 failure of the chairman to comply with such request, the
13 membership may require that such bill be considered by written
14 motion made and approved by a majority vote of the entire
15 membership to which such committee is entitled.
16 Whenever the phrase "majority of members of a standing
17 committee or subcommittee" is used in these rules, it shall mean
18 majority of the entire membership to which a standing committee
19 or subcommittee is entitled, unless the context thereof
20 indicates a different intent.
21 To assist the House in appraising the administration of the
22 laws and in developing such amendments or related legislation as
23 it may deem necessary, each standing committee or subcommittee
24 of the House shall exercise continuous watchfulness of the
25 execution by the administrative agencies concerned of any laws,
26 the subject matter of which is within the jurisdiction of such
27 committee or subcommittee; and, for that purpose, shall study
28 all pertinent reports and data submitted to the House by the
29 agencies in the executive branch of the Government.
30 The Committee on Appropriations shall have the power to issue
20070H0008R0002 - 50 -
1 subpoenas under the hand and seal of its chairman commanding any
2 person to appear before it and answer questions touching matters
3 properly being inquired into by the committee, which matters
4 shall include data from any fund administered by the
5 Commonwealth, and to produce such books, papers, records,
6 documents and data and information produced and stored by any
7 electronic data processing system as the committee deems
8 necessary. Such subpoenas may be served upon any person and
9 shall have the force and effect of subpoenas issued out of the
10 courts of this Commonwealth. Any person who willfully neglects
11 or refuses to testify before the committee or to produce any
12 books, papers, records, documents or data and information
13 produced and stored by any electronic data processing system
14 shall be subject to the penalties provided by the laws of the
15 Commonwealth in such case. Each member of the committee shall
16 have power to administer oaths and affirmations to witnesses
17 appearing before the committee. The committee may also cause the
18 deposition of witnesses either residing within or without the
19 State to be taken in the manner prescribed by law for taking
20 depositions in civil actions.
21 RULE 46
22 Committee on Rules
23 The Committee on Rules shall consist of the Speaker, the
24 Majority Leader, the Majority Whip, the Minority Leader, the
25 Minority Whip, the Majority Appropriations Chairman, the
26 Minority Appropriations Chairman, 12 members of the majority
27 party appointed by the Speaker, and ten members of the minority
28 party appointed by the Minority Leader. The Majority Leader
29 shall be chairman.
30 The committee shall make recommendations designed to improve
20070H0008R0002 - 51 -
1 and expedite the business and procedure of the House and its
2 committees, and to propose to the House any amendments to the
3 Rules deemed necessary. The committee shall also do all things
4 necessary to fulfill any assignment or duty given to the
5 committee by any resolution, or other rule of the House of
6 Representatives.
7 The committee shall be privileged to report at any time.
8 The committee shall, until or unless superseded by law, adopt
9 guidelines for the expenditure of all funds appropriated to the
10 House or to any member or nonmember officer by any appropriation
11 act.
12 Such guidelines shall include a detailed statement of the
13 general and specific purposes for which the funds from that
14 appropriation account may be used, as well as uniform standards
15 of required documentation, accounting systems and record keeping
16 procedures.
17 RULE 47
18 Ethics Committee
19 As used in the context of this rule, the word "committee"
20 shall mean the Committee on Ethics of the House of
21 Representatives, and the phrase "majority of the committee"
22 shall mean a majority of the members to which the committee is
23 entitled.
24 The committee shall consist of eight members: four of whom
25 shall be members of the majority party appointed by the Speaker,
26 and four of whom shall be members of the minority party
27 appointed by the Minority Leader. The Speaker shall appoint from
28 the members a chairman, vice chairman and secretary for the
29 committee. The chairman shall be a member of the majority party
30 and the vice chairman shall be a member of the minority party.
20070H0008R0002 - 52 -
1 The chairman shall notify all members of the committee at
2 least 24 hours in advance of the date, time and place of a
3 regular meeting. Whenever the chairman shall refuse to call a
4 regular meeting, a majority of the committee may vote to call a
5 meeting by giving two days' written notice to the Speaker of the
6 House setting forth the time and place for such meeting. Such
7 notice shall be read in the House and posted in the House
8 Chamber by the Chief Clerk, or his designee. Thereafter, the
9 meeting shall be held at the time and place specified in such
10 notice.
11 The committee shall conduct its investigations, hearings and
12 meetings relating to a specific investigation or a specific
13 member, officer or employee of the House in closed session and
14 the fact that such investigation is being conducted or to be
15 conducted or that hearings or such meetings are being held or
16 are to be held shall be confidential information unless the
17 person subject to investigation advises the committee in writing
18 that he elects that such hearings shall be held publicly. In the
19 event of such an election, the committee shall furnish such
20 person a public hearing. All other meetings of the committee
21 shall be open to the public.
22 The committee shall receive complaints against members,
23 officers and employees of the House, and persons registered or
24 carrying on activities regulated by [the act of September 30,
25 1961 (P.L.1778, No.712), known as the "Lobbying Registration and
26 Regulation Act,"] 65 Pa.C.S. Ch. 13A (relating to lobbying
27 disclosure), alleging illegal or unethical conduct. Any such
28 complaint must be in writing verified by the person filing the
29 complaint and must set forth in detail the conduct in question
30 and the section of the "Legislative Code of Ethics," the
20070H0008R0002 - 53 -
1 ["Lobbying Registration and Regulation Act," or] provision of 65
2 Pa.C.S Ch. 13A or the House rule violated. The committee shall
3 make a preliminary investigation of the complaint, and if it is
4 determined by a majority of the committee that a violation of
5 the rule or law may have occurred, the person against whom the
6 complaint has been brought shall be notified in writing and
7 given a copy of the complaint. Within 15 days after receipt of
8 the complaint, such person may file a written answer thereto
9 with the committee. Upon receipt of the answer, by vote of a
10 majority of the committee, the committee shall either dismiss
11 the complaint within ten days or proceed with a formal
12 investigation, to include hearings, not less than ten days nor
13 more than 30 days after notice in writing to the persons so
14 charged. Failure of the person charged to file an answer shall
15 not be deemed to be an admission or create an inference or
16 presumption that the complaint is true, and such failure to file
17 an answer shall not prohibit a majority of the committee from
18 either proceeding with a formal investigation or dismissing the
19 complaint.
20 A majority of the committee may initiate a preliminary
21 investigation of the suspected violation of a Legislative Code
22 of Ethics or House rule by a member, officer or employee of the
23 House or lobbyist. If it is determined by a majority of the
24 committee that a violation of a rule or law may have occurred,
25 the person in question shall be notified in writing of the
26 conduct in question and the section of the "Legislative Code of
27 Ethics," the ["Lobbying Registration and Regulation Act" or]
28 provision of 65 Pa.C.S. Ch. 13A or the House rule violated.
29 Within 15 days, such person may file a written answer thereto.
30 Upon receipt of the answer, by vote of a majority of the
20070H0008R0002 - 54 -
1 committee, the committee shall either dismiss the charges within
2 ten days or proceed with a formal investigation, to include
3 hearings, not less than ten days nor more than 30 days after
4 notice in writing to the person so charged. Failure of the
5 person charged to file an answer shall not be deemed to be an
6 admission or create an inference or presumption that the charge
7 is true, and such failure to file an answer shall not prohibit a
8 majority of the committee from either proceeding with a formal
9 investigation or dismissing the charge.
10 In the event that the committee shall elect to proceed with a
11 formal investigation of the conduct of any member, officer or
12 employee of the House, the committee shall employ independent
13 counsel who shall not be employed by the House for any other
14 purpose or in any other capacity during such investigation.
15 All constitutional rights of any person under investigation
16 shall be preserved, and such person shall be entitled to present
17 evidence, cross-examine witnesses, face his accuser, and be
18 represented by counsel.
19 The chairman may continue any hearing for reasonable cause,
20 and upon the vote of a majority of the committee or upon the
21 request of the person subject to investigation, the chairman
22 shall issue subpoenas for the attendance and testimony of
23 witnesses and the production of documentary evidence relating to
24 any matter under formal investigation by the committee. The
25 committee may administer oaths or affirmations and examine and
26 receive evidence.
27 All testimony, documents, records, data, statements or
28 information received by the committee in the course of any
29 investigation shall be private and confidential except in the
30 case of public hearings or in a report to the House. No report
20070H0008R0002 - 55 -
1 shall be made to the House unless a majority of the committee
2 has made a finding of unethical or illegal conduct on the part
3 of the person under investigation. No finding of unethical or
4 illegal conduct shall be valid unless signed by at least a
5 majority of the committee. Any such report may include a
6 minority report. No action shall be taken on any finding of
7 illegal or unethical conduct nor shall such finding or report
8 containing such finding be made public sooner than seven days
9 after a copy of the finding is sent by certified mail to the
10 member, officer or employee under investigation.
11 The committee may meet with a committee of the Senate to hold
12 investigations or hearings involving employees of the two houses
13 jointly or officers or employees of the Legislative Reference
14 Bureau, the Joint State Government Commission, the Local
15 Government Commission, the Legislative Budget and Finance
16 Committee and the Legislative Data Processing Committee;
17 provided, however, that no action may be taken at a joint
18 meeting unless it is approved by a majority of the committee.
19 In the event that a member of the committee shall be under
20 investigation, such member shall be temporarily replaced on the
21 committee in a like manner as said member's original
22 appointment.
23 The committee, whether or not at the request of a member,
24 officer or employee concerned about an ethical problem relating
25 to himself alone or in conjunction with others, may render
26 advisory opinions with regard to questions pertaining to
27 legislative ethics or decorum. Such advisory opinions, with such
28 deletions and changes as shall be necessary to protect the
29 identity of the persons involved or seeking them, may be
30 published and shall be distributed to all the members of the
20070H0008R0002 - 56 -
1 House.
2 Any member of the committee breaching the confidentiality of
3 materials and events as set forth in this rule shall be removed
4 immediately from the committee and replaced by another member of
5 the House in a like manner as said member's original
6 appointment.
7 The committee may adopt rules of procedure for the orderly
8 conduct of its affairs, investigations, hearings and meetings,
9 which rules are not inconsistent with this rule.
10 The committee shall continue to exist and have authority and
11 power to function after the sine die adjournment of the General
12 Assembly and shall so continue until the expiration of the then
13 current term of office of the members of the committee.
14 RULE 48
15 Conference Committee
16 All Committees of Conference shall be appointed by the
17 Speaker and shall be composed of three members, two of whom
18 shall be selected from the majority party and one from the
19 minority party.
20 The conferees shall confine themselves to the differences
21 which exist between the House and Senate.
22 The presentation of reports of Committees of Conference shall
23 be in order after having been signed by a majority of members of
24 the committee of each House.
25 Consideration of a report of a Committee of Conference by the
26 House shall be in order when it has been printed, placed on the
27 desks of the members and listed on the calendar.
28 RULE 49
29 Committee Action
30 Whenever a bill, resolution or other matter has been referred
20070H0008R0002 - 57 -
1 by the Speaker of the House to a standing committee, and such
2 committee has one or more standing subcommittees, the chairman
3 of the standing committee may either refer it to an appropriate
4 subcommittee or retain it for consideration by the entire
5 standing committee. If it is retained, such standing committee
6 shall have full power and control over such bill, resolution or
7 other matter, except that such committee shall not change the
8 subject nor any amendments adopted by the House. Where the
9 chairman of the standing committee refers such bill, resolution,
10 or matter to a subcommittee, such subcommittee, except as
11 hereinafter provided, shall have full power over the same.
12 The recommendations by a committee that a bill or resolution
13 be reported negatively shall not affect its consideration by the
14 House. The words "negative recommendation" shall be printed
15 conspicuously on a line above the title of this bill.
16 All standing subcommittees shall be subject to the will of
17 the majority of their parent standing committee and shall not
18 promulgate any rules or take any action inconsistent with the
19 rules of their parent standing committee or the Rules of the
20 House.
21 RULE 50
22 Public Hearings
23 Each standing committee, subcommittee 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, subcommittee,
29 or select committee, may as hereinafter provided, conduct public
30 hearings. No standing committee, subcommittee or select
20070H0008R0002 - 58 -
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 or
4 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, subcommittee 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 (P.L.486,
17 No.175)] 65 Pa.C.S. Ch. 7 (relating to open meetings), relative
18 to notice of meetings shall be complied with.
19 Public hearings held by a standing committee shall be chaired
20 by the chairman of such committee, unless absent, in which case
21 an acting chairman shall be selected in the manner prescribed by
22 these rules to serve in his stead. Public hearings held by
23 standing subcommittees shall be chaired by the subcommittee
24 chairman thereof, but the chairman of the parent standing
25 committee, as an ex-officio member of the subcommittee, shall
26 have the right to attend and participate in the hearing
27 proceedings. In the absence of the subcommittee chairman, an
28 acting chairman shall be appointed in the manner prescribed by
29 these rules.
30 All public hearings shall be open to the public and
20070H0008R0002 - 59 -
1 reasonable opportunity to be heard shall be afforded to all
2 interested parties who have requested an appearance before the
3 committee. In addition, it shall be the responsibility of the
4 committee in conducting its hearing to request the presentation
5 of testimony by any person who, in the opinion of the committee,
6 is qualified to present pertinent and important testimony.
7 Such committee shall, so far as practicable, request all
8 witnesses appearing before it to file written statements of
9 their proposed testimony. The chairman shall have the right to
10 fix the order of appearance and the time to be allotted to
11 witnesses. Witnesses may submit brief pertinent statements in
12 writing for inclusion in the record. The committee is the sole
13 judge of the pertinency of testimony and evidence adduced at its
14 hearings.
15 The chairman, in presiding at such public hearings, shall
16 preserve order and decorum, in and adjacent to his committee
17 room while the hearing is being conducted and he shall have the
18 authority to direct the removal from the committee room of any
19 person who fails to comply with order and decorum of the
20 committee.
21 Proceedings of all public hearings shall be either
22 stenographically or electronically recorded. The committee shall
23 determine which parts of such recorded proceedings, if any,
24 shall be transcribed and the distribution thereof. Except as
25 hereinafter provided, no more than four copies of any transcript
26 shall be made. Such stenographic or electronic records and at
27 least one copy of any transcription shall be preserved by the
28 Chief Clerk until he is authorized to dispose of same by an
29 affirmative vote of three-quarters of the entire membership of
30 the Rules Committee and shall be made available to any member
20070H0008R0002 - 60 -
1 upon written request for the purpose of copying or transcription
2 at that member's expense. Any transcribed records and any
3 reports of the committee shall be filed with the Chief Clerk or
4 his designee and shall be made available to any person in
5 accordance with reasonable rules and regulations prescribed by
6 the Chief Clerk. Upon payment of a reasonable cost to be
7 determined by the Chief Clerk, a person may obtain a copy of
8 such transcribed records or reports.
9 The Chief Clerk shall not make payment of any expenses
10 incurred as a result of a public hearing without the prior
11 written approval of the Speaker or the Majority Leader of the
12 House.
13 RULE 51
14 Investigations
15 Any standing committee, subcommittee or select committee,
16 upon resolution introduced and approved by majority vote of the
17 House, may be authorized and empowered to conduct hearings at
18 any place in the Commonwealth to investigate any matter provided
19 for in such resolution. When authorized by such a resolution,
20 such committee shall be empowered to issue subpoenas under the
21 hand and seal of the chairman thereof commanding any person to
22 appear before it and answer questions touching matters properly
23 being inquired into by the committee and produce such books,
24 papers, records, accounts, reports, and documents as the
25 committee deems necessary. Such subpoenas may be served upon any
26 person and shall have the force and effect of subpoenas issued
27 out of the courts of this Commonwealth. Where any person
28 willfully neglects or refuses to comply with any subpoena issued
29 by the committee or refuses to testify before the committee on
30 any matter regarding which he may be lawfully interrogated, it
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1 shall be the duty of the committee to report such disobedience
2 or refusal to the House of Representatives, and such person
3 shall be subject to the penalties provided by the laws of the
4 Commonwealth in such cases. All such subpoenaed books, papers,
5 records, accounts, reports, and documents shall be returned to
6 the person from whom such material was subpoenaed when the
7 committee has completed its examination of such material, but in
8 no event later than the date on which the committee completes
9 its investigation. Such material, or any information derived
10 therefrom not a part of public sessions of the committee, shall
11 not be turned over to any person or authority without the
12 consent of the person from whom such material was subpoenaed.
13 Each member of the committee shall have power to administer
14 oaths and affirmations to witnesses appearing before the
15 committee. The Sergeant-at-Arms of the Legislature or other
16 person designated by the committee shall serve any subpoenas
17 issued by the committee, when directed to do so by the
18 committee. The subpoena shall be addressed to the witness, state
19 that such proceeding is before a committee of the House at which
20 the witness is required to attend and testify at a time and
21 place certain and be signed by the chairman of the committee
22 commanding attendance of such witness. Mileage and witness fees
23 shall be paid to such witness in an amount prescribed by law.
24 The chairman of the investigative hearing shall call the
25 committee to order and announce in an opening statement the
26 subject or purposes of the investigation.
27 A copy of this rule shall be made available to the witnesses
28 at least three calendar days prior to his or her scheduled
29 testimony. Witnesses at investigative hearings, may be
30 accompanied by their own counsel for the purpose of advising
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1 them concerning their constitutional rights. The chairman, for
2 breaches of order or decorum or of professional ethics on the
3 part of counsel, may exclude him from the hearing. Counsel may
4 interpose legal objection to any and all questions which in the
5 opinion of counsel may violate the civil or constitutional
6 rights of his clients.
7 If the committee determines that evidence or testimony at an
8 investigative hearing may tend to defame, degrade or incriminate
9 any person, it shall:
10 (1) receive such evidence or testimony in executive session;
11 (2) afford such person an opportunity voluntarily to appear
12 as a witness; and
13 (3) receive and dispose of requests from such person to
14 subpoena additional witnesses.
15 No evidence or testimony taken in executive session may be
16 released to any person or authority or used in public sessions
17 without the consent of the committee.
18 Proceedings of all public hearings shall be either
19 stenographically or electronically recorded. The committee shall
20 determine which parts of such recorded proceedings, if any,
21 shall be transcribed and four copies thereof shall be
22 distributed and additional copies made available as provided in
23 Rule 50. Such stenographic or electronic records shall be
24 preserved by the Chief Clerk until he is directed to dispose of
25 same by an affirmative vote of three-quarters of the entire
26 membership of the Rules Committee and shall be made available to
27 any member upon written request for the purpose of transcription
28 at that member's expense. Any transcribed records and any
29 reports of the committee shall be filed with the Chief Clerk or
30 his designee and shall be made available to any person in
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1 accordance with reasonable rules and regulations prescribed by
2 the Chief Clerk.
3 Upon payment of a reasonable cost to be determined by the
4 Chief Clerk, a person may obtain a copy of the transcript of any
5 testimony given at a public session or, if given at an executive
6 session when authorized by the committee. All standing
7 committees, subcommittees, special committees or commissions
8 which are authorized to hold public hearings and investigations
9 shall file a final report before being discharged of delegated
10 responsibilities.
11 RULE 52
12 Possession of Bills by Committee
13 When a committee has ordered that a bill, resolution or other
14 matter be reported to the House, the member to whom it is
15 assigned shall make the report thereof to the House either on
16 the same day or at the next meeting of the House.
17 Failure of a member to comply with this rule shall be
18 reported to the House by the committee, provided the official
19 copy of the bill, resolution or other matter has not been
20 obtained. Upon a motion agreed to by the House, a duplicate
21 certified copy of a House bill, House resolution or other House
22 matter shall be furnished to the committee by the Chief Clerk.
23 A committee or subcommittee shall not consider a bill,
24 resolution or other matter which is not in its possession.
25 When a committee reports to the House that a House bill,
26 House resolution or other House matter referred to it is lost,
27 upon a motion agreed to by the House, a duplicate certified copy
28 thereof shall be furnished by the Chief Clerk.
29 If the Senate bill, Senate resolution or other Senate matter
30 received from the Senate is lost, upon a motion agreed to by the
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1 House, a request shall be made to the Senate to furnish the
2 House with a duplicate certified copy thereof.
3 If a bill, resolution or other matter is lost before it has
4 been referred to a committee, the fact shall be reported to the
5 House and the procedure provided by this rule shall be followed.
6 RULE 53
7 Discharge of Committees
8 A member may present to the Chief Clerk a resolution in
9 writing to discharge a committee from the consideration of a
10 bill or resolution which has been referred to it 15 legislative
11 days prior thereto (but only one motion may be presented for
12 each bill or resolution). The discharge resolution shall be
13 placed in the custody of the Chief Clerk, who shall arrange some
14 convenient place for the signature of the members. A signature
15 may be withdrawn by a member in writing at any time before the
16 discharge resolution is entered in the Journal. When 25 members
17 of the House shall have signed the resolution, it shall be
18 entered in the Journal and the title of the bill or resolution
19 and the name of the committee to be discharged shall be printed
20 on the calendar.
21 Any member who has signed a discharge resolution which has
22 been on the calendar at least one legislative day prior thereto
23 and seeks recognition, shall be recognized for the purpose of
24 calling up the discharge resolution and the House shall proceed
25 to its consideration without intervening motion except one
26 motion to adjourn; however, no discharge resolution shall be
27 considered during the last six legislative days of any session
28 of the House. A majority vote of all the members elected to the
29 House shall be required to agree to a resolution to discharge a
30 committee. When any perfected discharge resolution has been
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1 acted upon by the House and defeated it shall not be in order to
2 entertain during the same session of the House any other
3 discharge resolution from that committee of said measure, or
4 from any other committee of any other bill or resolution
5 substantially the same, relating in substance to or dealing with
6 the same subject matter.
7 RULE 54
8 Presentation and Withdrawal of Motions
9 When a motion which is in order has been made, the Speaker
10 shall state it or (if it is in writing) cause it to be read by
11 the Clerk. It shall then be in the possession of the House, but
12 it may be withdrawn by the maker at any time before decision or
13 amendment.
14 The Speaker shall put the question in the following form,
15 viz: "those in favor of the motion will say 'aye'." After the
16 affirmative is expressed, "those who are opposed will say 'no'."
17 All motions, except for the previous question and a motion
18 for reconsideration, may be made without a second.
19 No dilatory motion shall be entertained by the Speaker.
20 RULE 55
21 Privileged Motions
22 When a question is under debate or before the House, no
23 motion shall be received but the following, which shall take
24 precedence in the order named:
25 (1) To adjourn, or recess.
26 (2) A call of the House.
27 (3) To lay on the table.
28 (4) For the previous question.
29 (5) To postpone.
30 (6) To commit or recommit.
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1 (7) To amend.
2 Debate on the motion to postpone shall be confined to the
3 question of the postponement and shall not include discussion of
4 the main question.
5 The motion to commit or recommit is open to debate only as to
6 the reasons for or against reference to committee and shall not
7 include a discussion of the merits of the main question.
8 Debate on the motion to amend shall be limited to the
9 amendment and shall not include the general merits of the main
10 question.
11 RULE 56
12 Adjourn
13 A motion to adjourn or recess is not debatable, cannot be
14 amended and is always in order, except:
15 (1) when another member has the floor; or
16 (2) when the House is voting.
17 When a motion to adjourn is made, it shall be in order for
18 the Speaker, before putting the question, to permit the Majority
19 and Minority Leaders and/or one member designated by each of
20 them to state to the House any fact relating to the condition of
21 the business of the House which would seem to render it
22 inadvisable to adjourn. These statements shall be limited to two
23 minutes and shall not be debatable.
24 RULE 57
25 Call of the House
26 If a question of the absence of a quorum is raised by a
27 member, the Speaker shall order the Sergeant-at-Arms to close
28 the doors of the House. No member shall be permitted to leave
29 the House, except by permission of the House. The names of the
30 members present shall be recorded and absentees noted. Those for
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1 whom no leave of absence has been granted or no sufficient
2 excuse is made may, by order of a majority of the members
3 present, be sent for and taken into custody by the Sergeant-at-
4 Arms and his assistants appointed for that purpose, and brought
5 before the bar of the House where, unless excused by a majority
6 of the members present, they shall be censured or punished for
7 neglect of duty as the House may direct.
8 Further proceedings under a call of the House may be
9 dispensed with at any time after the completion of the roll call
10 and the announcement of the result.
11 These proceedings shall be without debate, and no motion,
12 except to adjourn, shall be in order.
13 RULE 58
14 Persons Admitted Under a Call of the House
15 Members who voluntarily appear during a call of the House
16 shall be admitted to the House. Upon recognition by the Speaker
17 they shall announce their presence and their names shall be
18 recorded on the roll.
19 Officers of the House, accredited correspondents and
20 employees designated by the Chief Clerk shall be admitted to the
21 House during a call.
22 Visitors shall not be admitted to the House after the doors
23 are closed and until the proceedings under the call are
24 terminated, but they shall be permitted to leave.
25 RULE 59
26 Lay on the Table
27 A motion to lay on the table is not debatable, is not subject
28 to amendment and carries with it the main question and all other
29 pending questions which adhere to it, except when an appeal is
30 laid on the table.
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1 RULE 60
2 Motion to Take from the Table
3 A motion to take from the table a bill or other subject is in
4 order under the same order of business in which the matter was
5 laid on the table. It shall be decided without debate or
6 amendment.
7 RULE 61
8 Previous Question
9 A motion for the previous question, seconded by 20 members
10 and sustained by a majority of the members present, shall put an
11 end to all debate and bring the House to an immediate vote on
12 the question then pending, or the questions on which it has been
13 ordered.
14 A motion for the previous question may be made to embrace any
15 or all pending amendments or motions and to include the passage
16 or rejection of a bill or resolution.
17 RULE 62
18 Call for Yeas and Nays--Reasons for Vote
19 The yeas and nays of the members on any question shall, at
20 the desire of any two of them, be entered on the Journal.
21 (Constitution, Article II, Section 12).
22 When the Speaker or any member is not satisfied with a voice
23 vote on a pending question, the Speaker may order a roll call
24 vote; or, upon request of two members, before the result of the
25 vote is announced, he shall order a roll call vote.
26 A member may submit a written explanation of his vote
27 immediately following the announcement of the result of the vote
28 and have it printed in the Journal.
29 RULE 63
30 Division of a Question
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1 Any member may call for a division of a question by the
2 House, if it comprehends propositions so distinct and separate
3 that one being taken away, the other will stand as a complete
4 proposition for the decision of the House.
5 A motion to strike out and insert is indivisible, but a
6 motion to strike out being lost shall neither preclude amendment
7 nor a motion to strike out and insert.
8 RULE 64
9 Members Required to be Present and Vote
10 [Except as otherwise provided by this rule, every] Every
11 member shall be present within the Hall of the House during its
12 sittings, unless excused by the House or unavoidably prevented,
13 and shall vote for or against each question put, unless he has a
14 direct personal or pecuniary interest in the determination of
15 the question or unless he is excused or not present in
16 accordance with an authorized leave of absence.
17 The Legislative Journal shall show the result of each roll
18 call by yeas and nays and those absent and those not voting.
19 [A member who is either performing a legislative assignment
20 in the Harrisburg area in furtherance of duties of his office or
21 on behalf of the body of the House and to which the member was
22 appointed by the House or the appropriate officer of the House
23 may, upon request to and approval by the member's floor leader,
24 be granted Harrisburg Legislative Leave and be voted by or at
25 the direction of the member's floor leader. A specific reason
26 must be given by the member to the respective floor leader and
27 that floor leader must announce the granting of the Harrisburg
28 Legislative Leave. Harrisburg Legislative Leave shall last no
29 longer than the single legislative session day for which it was
30 requested and shall immediately expire with the return of the
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1 member to the Hall of the House. No member will be granted
2 Harrisburg Legislative Leave for a session day, or a portion of
3 a session day, who does not personally vote on the day's initial
4 Master Roll Call. A member is not permitted to request
5 Harrisburg Legislative Leave if the member is the prime sponsor
6 of a bill scheduled to run during the time for which Leave is
7 requested or if the member has filed and intends to offer an
8 amendment during that time.]
9 RULE 64 (a)
10 Chronic Absenteeism
11 For purposes of this rule the term "chronic absenteeism"
12 shall mean the unexcused absence of a representative for a
13 period of five consecutive legislative days from official
14 sessions of the House of Representatives or the absence of a
15 committee member for a period of five consecutive days from
16 their assigned committee meetings which meetings qualify as
17 regular committee meetings under the rules of the House of
18 Representatives and the Sunshine Law of the Commonwealth.
19 Any representative who is absent without excuse from regular
20 House sessions for a period of five consecutive legislative days
21 or is absent for a period of five consecutive committee meetings
22 shall be deemed a chronic absentee and may, on a vote of the
23 full House, be held in contempt of this House upon motion of
24 five members of the House for chronic absence from regular House
25 sessions and by motion of three members of the standing
26 committee of the House to which such representative is assigned
27 for chronic absence from regularly scheduled committee meetings.
28 The term "chronic absenteeism" shall not include:
29 (1) Absence due to the personal illness or bodily injury of
30 a representative.
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1 (2) Absence due to personal illness or bodily injury of a
2 member of the immediate family of the representative.
3 (3) Death to a member of the immediate family of a
4 representative.
5 (4) Any excused absence approved by the House pursuant to
6 its rules.
7 RULE 65
8 Member Having Private Interest
9 (1) A member who has a personal or private interest in any
10 measure or bill proposed or pending before the House shall
11 disclose the fact to the House and shall not vote thereon.
12 (Constitution, Article III, Section 13).
13 (2) A member who, for remuneration, represents any
14 organization required to register under [the Lobbying
15 Registration and Regulation Act] 65 Pa.C.S. Ch. 13A (relating to
16 lobbying disclosure) shall file a statement of that fact with
17 the Chief Clerk.
18 RULE 65 (a)
19 Professionals-Legislators
20 (1) Except as hereinafter provided, any member or employee
21 of the House or its agencies shall not be retained for
22 compensation to appear in his or her professional capacity to
23 represent the interest of any client in any proceeding before
24 any Commonwealth department, board, agency, bureau or
25 commission, except that such member or employee is authorized to
26 represent the interest of a client at any stage of a proceeding
27 before the Commonwealth or its agencies where such proceeding
28 was initially taken or brought as a ministerial action, as
29 defined by this rule, and as originally taken was not initially
30 adverse in nature to the interest of the Commonwealth or its
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1 agencies.
2 (2) The provisions of this rule shall not be applicable to
3 professionals-legislators:
4 (a) Representing clients on criminal matters before the
5 courts of the Commonwealth.
6 (b) Representing clients on civil matters before the
7 courts of the Commonwealth.
8 (c) Representing clients in all stages of a proceeding
9 before the Commonwealth or its agencies which was initially
10 commenced as a ministerial action. The term "ministerial
11 action" means and includes any proceeding or action before
12 the Commonwealth or its agencies where the proceeding, as
13 initially commenced involved solely:
14 (i) The uncontested or routine action by the
15 Commonwealth's administrative officers or employees in
16 issuing or renewing licenses, charters, certificates or
17 any other documents of a similar nature; or
18 (ii) The preparation, filing and review of tax
19 returns and supporting documents required by law; or
20 (iii) The preparation, filing and review of
21 engineering and architectural plans, drawings,
22 specifications and reports; or
23 (iv) Any other initially routine or uncontested
24 preparation, filing, review or other action not
25 enumerated above and considered and normally handled by
26 the Commonwealth or its agencies as a ministerial action.
27 (d) Representing clients in workmen's compensation
28 proceedings before the bureau, its referees or the Workmen's
29 Compensation Appeals Board.
30 (3) This rule shall not apply to the other members of the
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1 firm of such member and/or employee.
2 RULE 65 (b)
3 Financial Interests in Gaming Entities
4 (1) Except as hereinafter provided, no member, his or her
5 spouse, or any minor or unemancipated children shall hold or
6 acquire during his or her tenure in office any ownership or
7 other financial interest, including both equity and
8 indebtedness, in any entity required to be licensed [by the act
9 of July 5, 2004 (P.L.572, No.71), known as the Pennsylvania Race
10 Horse Development and Gaming Act] under 4 Pa.C.S. Pt. II
11 (relating to gaming), or in the subsidiaries or affiliates, as
12 defined in [that act] 4 Pa.C.S. § 1103 (relating to
13 definitions), of any such licensed entity.
14 (2) The provisions of this Rule shall not be applicable to
15 the following:
16 (a) an interest held through a defined benefit pension
17 plan;
18 (b) an interest held through a deferred compensation
19 plan organized and operated pursuant to section 457 of the
20 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
21 [1 et seq] 457);
22 (c) an interest held through a tuition account plan
23 organized and operated pursuant to section 529 of the
24 Internal Revenue Code;
25 (d) an interest held through a plan described in section
26 401(k) of the Internal Revenue Code;
27 (e) an interest held in an employer profit-sharing plan
28 qualified under the Internal Revenue Code;
29 (f) an interest held in a mutual fund where the interest
30 owned by the individual fund in the licensed entity as
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1 described herein does not amount to control of the entity as
2 defined by the Federal Investment Company Act of 1940 and
3 provided that such mutual fund is not a nondiversified fund
4 invested primarily in entities operating in, or connected
5 with, the gaming industry;
6 (g) an interest held in a blind trust over which the
7 holder may not exercise any managerial control or receive
8 income during the time period the member holds office;
9 (h) an interest held in a licensed entity otherwise
10 prohibited by this Rule if such interest was acquired prior
11 to January 7, 2003;
12 (i) an interest in indebtedness arising out of a
13 commercial transaction which takes place in the ordinary
14 course of business;
15 (j) an interest held in a subsidiary or affiliate of a
16 licensed entity if the identity thereof is not disclosed to
17 the Chief Clerk by the Pennsylvania Gaming Control Board. The
18 Chief Clerk, on a quarterly basis, shall request an updated
19 list from the Pennsylvania Gaming Control Board of all
20 subsidiaries and affiliates of licensed entities and shall
21 provide a copy of the list to all members of the House;
22 (k) an interest held by a spouse if an action seeking a
23 divorce and dissolution of marital status has been initiated
24 in any jurisdiction by either party to the marriage.
25 (3) Exceptions provided for in paragraph (2)(a) through (f)
26 above shall be inapplicable if the member, his or her spouse, or
27 any minor or unemancipated children have any discretion in
28 choosing individual investments within the portfolio in which
29 the interest is held.
30 (4) Annually, on or before January 31st of each calendar
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1 year, members shall file an affidavit with the Chief Clerk, on a
2 form provided by the Chief Clerk, either disclosing holdings
3 prohibited by this rule or affirming that he or she holds no
4 such interests.
5 (5) Any member, including a spouse and any minor or
6 unemancipated children, holding an ownership or other financial
7 interest prohibited by this Rule, shall have three months from
8 the date the entity is approved for a license under [the act of
9 July 5, 2004 (P.L.572, No.71), known as the Pennsylvania Race
10 Horse Development and Gaming Act] 4 Pa.C.S. Pt. II to completely
11 divest his or her interest and to file an affidavit affirming
12 the divestiture with the Chief Clerk.
13 (6) Members, including a spouse and any minor or
14 unemancipated children, elected to the House of Representatives
15 for the first time or upon returning after a hiatus in House
16 service subsequent to the adoption of this Rule shall have three
17 months from the date they are sworn into office to divest such
18 interests and file the affidavit referred to in paragraph (4).
19 RULE 66
20 Electric Roll Call
21 The names of the members shall be listed on the electric roll
22 call boards by party affiliation in alphabetical order, except
23 the name of the Speaker shall be last.
24 On any question requiring the "yeas" and "nays", the electric
25 roll call system shall be used. On all other questions to be
26 voted upon, the Speaker may, in his discretion, order the yeas
27 and nays taken by the electric roll call system or voice vote
28 or, upon demand of two members before the result of a vote has
29 been declared, the yeas and nays shall be taken by the electric
30 roll call system.
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1 In the event the electric roll call system is not in
2 operating order, the Speaker shall order all yea and nay votes
3 be taken by calling the roll, as provided in the Rules of the
4 House.
5 The vote of any member which has not been recorded because of
6 mechanical malfunction of the electric roll call system shall be
7 entered on the Journal, if said member was in the Hall of the
8 House at the time of the vote and did cast his vote at the
9 appropriate time, and the fact of such malfunction is reported
10 to the Speaker of the House prior to the announcement of the
11 result of the vote.
12 When the House is ready to vote upon any question requiring
13 the yeas and nays and the vote is to be taken by the electric
14 roll call system, the Speaker shall state: "The question
15 .............. (Designating the matter to be voted upon.)" The
16 Speaker shall then unlock the voting machine and announce, "The
17 members shall now proceed to vote." Once the voting has begun,
18 it shall not be interrupted, except for the purpose of
19 questioning the validity of a member's vote or, if the voting
20 switch of a member present in the Hall of the House is locked or
21 otherwise inoperative, a request that such switch be rendered
22 operative or such members vote be officially recorded, before
23 the result is announced.
24 When, in the judgment of the Speaker, reasonable time has
25 been allowed all members present in the House to vote (in no
26 event shall such time exceed ten minutes) he shall ask the
27 question: "Have all members present voted"? After a pause, the
28 Speaker shall lock the machine and instruct the Clerk to record
29 the vote, and the Speaker shall announce the result of the vote.
30 No member or other person shall be allowed at the Clerk's
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1 desk while the yeas and nays are being recorded, or the vote
2 counted.
3 After the voting machine is locked, no member may change his
4 vote and the votes of tardy members will not be recorded.
5 The vote as electrically recorded on the roll of members
6 shall not in any manner be altered or changed by any person.
7 Except as provided in Rule 64, no member shall vote for
8 another member, nor shall any person not a member vote for a
9 member.
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 to cast his vote on any question while he is
19 presiding in accordance with his instructions from the Chair.
20 RULE 67
21 Verification and Challenge
22 Upon completion of a roll call and before the result is
23 announced, if there appears to be need for verification, the
24 Speaker may direct the Clerk to verify it, or three members may
25 demand a verification.
26 Any member may challenge in writing the yea or nay or
27 electrically recorded vote of other members. The allegations
28 made shall be investigated by a committee composed of the
29 Speaker, a majority member and a minority member appointed by
30 the Speaker, who shall submit a report to the House not later
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1 than its next session. The House shall then decide whether the
2 challenged vote shall be recorded or not.
3 If the challenged vote would change the result, the
4 announcement of the vote shall be postponed until the House
5 decides the case.
6 RULE 68
7 Changing Vote
8 No member may change his vote, or have his vote recorded
9 after the result of a roll call vote has been announced, nor
10 after an affirmative or negative roll has been declared
11 verified.
12 RULE 69
13 Journal
14 The Chief Clerk shall keep a Journal of the proceedings of
15 the House, which shall be printed and shall be made available to
16 the members.
17 The Journal of the proceedings of the last day's session
18 shall not be read unless so ordered by a majority vote of the
19 House.
20 RULE 70
21 History of House Bills
22 and House Resolutions
23 A weekly History, showing the title and action on House bills
24 and the text and action on non-privileged resolutions, shall be
25 compiled and indexed under the direction of the Chief Clerk and
26 shall be printed and placed on each member's desk.
27 The House History shall include a cumulative index of laws
28 enacted during the session and the text of vetoes by the
29 Governor.
30 RULE 71
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1 House Calendar
2 Bills and non-privileged resolutions reported from committees
3 to the House with an affirmative recommendation shall be listed
4 on the calendar in such manner as prescribed by the Rules
5 Committee and any other rule of the House. House bills and House
6 resolutions shall precede Senate bills and Senate resolutions.
7 Bills and non-privileged resolutions shall be listed on the
8 House Calendar for no more than 15 consecutive legislative days.
9 At the end of the 15th consecutive legislative day the said bill
10 or non-privileged resolution shall be automatically recommitted
11 to the committee from which it was reported to the floor of the
12 House.
13 Any bill or non-privileged resolution on the calendar which
14 cannot, by its status, be recommitted shall be removed from the
15 calendar and laid on the table, unless the House shall otherwise
16 direct.
17 A marked calendar compiled by the Majority Leader shall be
18 provided to all members on each legislative day on which votes
19 are scheduled on the calendar.
20 RULE 72
21 Journal, Transcribing and
22 Documents Rooms
23 No person, except members and employees of the House having
24 official business, shall be permitted in the Transcribing, the
25 Legislative Journal, and the Bills and Documents Rooms of the
26 House without the consent of the Chief Clerk.
27 RULE 73
28 Correspondents
29 Admission to and administration of the Press Galleries of the
30 Senate and House of Representatives shall be vested in a
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1 Committee on Correspondents consisting of the President pro
2 tempore of the Senate, or his designee; the Speaker of the House
3 of Representatives, or his designee; the Supervisor of the
4 Capitol Newsroom; the President of the Pennsylvania Legislative
5 Correspondents' Association, or his designee and the Executive
6 Director of the Pennsylvania Association of Broadcasters, or his
7 designee.
8 Persons desiring admission to the press sections of the
9 Senate and House of Representatives shall make application to
10 the Chairman of the Committee on Correspondents. Such
11 application shall state the newspaper, press association or
12 licensed radio or television station, its location, times of
13 publication or hours of broadcasting, and be signed by the
14 applicant.
15 The Committee on Correspondents shall verify the statements
16 made in such application, and, if the application is approved by
17 the committee, shall issue a correspondent's card signed by the
18 members of the committee.
19 The gallery assigned to newspaper correspondents or
20 recognized press association correspondents or representatives
21 of licensed radio and television stations, systems or
22 newsgathering agencies shall be for their exclusive use and
23 persons not holding correspondents cards shall not be entitled
24 to admission thereto. Employees of the General Assembly,
25 representatives and employees of state departments, boards,
26 commissions and agencies, visitors and members of the families
27 of correspondents entitled to admission to the press gallery
28 shall, at no time, be permitted to occupy the seats or be
29 entitled to the privileges of the press gallery.
30 Accredited representatives of newspapers, wire, newsreel
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1 services and licensed radio or television stations, systems or
2 newsgathering agencies, may be authorized by the Speaker of the
3 House to take photographs, make audio or video recordings or
4 tapes, and to broadcast or televise in the House of
5 Representatives. Applications to take photographs, make audio or
6 video recordings or tapes, or to broadcast or televise at public
7 hearings of committees shall be approved by the committee
8 chairman or co-chairmen conducting such hearing. However, the
9 committee chairman conducting the hearing may make such orders
10 to such representatives as may be necessary to preserve order
11 and decorum.
12 No photographs shall be taken nor any recordings or tapes
13 made, nor any broadcasting or televising done in the House of
14 Representatives during sessions, being at ease or recessed,
15 without prior notice to the Representatives. When possible, such
16 notice shall be given at the beginning of the session, at ease
17 or recess, during which the photographs, recordings or taping,
18 broadcasting or televising are scheduled to be taken or made.
19 No more than one representative of each newspaper, press
20 association or licensed radio or television station, system or
21 newsgathering agency shall be admitted to the press gallery at
22 one time. Members of the Pennsylvania Legislative
23 Correspondents' Association and representatives of licensed
24 radio and television stations, systems or newsgathering
25 agencies, assigned to the House of Representatives on a daily
26 basis shall have permanent assigned seating in the press gallery
27 with identification plates. Visiting representatives of daily
28 newspapers, press associations, Sunday newspapers as well as
29 radio and television stations, systems or newsgathering agencies
30 shall coordinate seating accommodations with the supervisor of
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1 the Capitol Newsroom.
2 Persons assigned to the press gallery on a permanent or
3 temporary basis, shall at all times, refrain from loud talking
4 or causing any disturbance which tends to interrupt the
5 proceedings of the House of Representatives.
6 Persons assigned to the press gallery on a permanent or
7 temporary basis shall not walk onto the floor of the House of
8 Representatives nor approach the rostrum or the clerks' desks
9 during session or while being at ease.
10 Persons assigned to the press gallery on a permanent or
11 temporary basis wishing to confer with a Representative shall
12 disclose this fact by having a message delivered by a page to
13 the Representative. Such conversation shall be conducted off the
14 floor of the House of Representatives.
15 Representatives of the Pennsylvania Public Broadcasting
16 System may, subject to regulations of the Speaker, televise or
17 make video tapes of proceedings of sessions of the House of
18 Representatives and meetings of all committees of the House of
19 Representatives.
20 RULE 74
21 Visitors
22 Visitors shall be admitted to the Hall of the House only when
23 sponsored by a member. The Chief Clerk shall issue an
24 appropriate pass to any visitor so sponsored.
25 Persons admitted to the Hall of the House other than members
26 and attaches, shall not be permitted to stand while the House is
27 in session but shall be seated in chairs provided for them. At
28 no time shall visitors be permitted on the Floor of the House
29 while the House is in session unless so permitted by the
30 Speaker.
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1 RULE 75
2 Lobbyists
3 No registered lobbyist shall be admitted to the Hall of the
4 House.
5 RULE 76
6 Soliciting Prohibited
7 No officer or employee of the House shall solicit any member,
8 other officer or employee of the House for any purpose.
9 RULE 77
10 Suspending and Changing Rules
11 Any rule of the House, which is not required by the
12 Constitution, may be temporarily suspended at any time for a
13 specific purpose only by a vote of two-thirds of the members
14 elected to the House by a roll call vote.
15 A motion to suspend the rules may not be laid on the table,
16 postponed, committed or amended.
17 The existing rules of the House shall not be changed, added
18 to, modified or deleted except by written resolution and the
19 same approved by a majority vote of the members elected to the
20 House by a roll call vote.
21 Except where such resolution originates with the Committee on
22 Rules, no resolution proposing any change, addition,
23 modification or deletion to existing House rules shall be
24 considered until such resolution has been referred to the
25 Committee on Rules, reported therefrom, printed, filed on the
26 desk of each member and placed on the calendar.
27 Any proposed change, addition, modification or deletion
28 offered by a member on the floor of the House to such resolution
29 shall be considered, in effect, a change, addition, modification
30 or deletion to existing House rules and shall require for
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1 approval a majority vote of the members by a roll call vote.
2 RULE 78
3 Parliamentary Authority
4 Jefferson's Manual supplemented by Mason's Manual of
5 Legislative Procedure shall be the parliamentary authority of
6 the House, if applicable and not inconsistent with the
7 Constitution of Pennsylvania, the laws of Pennsylvania
8 applicable to the General Assembly, the Rules of the House, the
9 established precedents of the House and the established customs
10 and usages of the House.
11 RESOLVED, That this resolution expire February 16, 2007.
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