PRIOR PRINTER'S NO. 716 PRINTER'S NO. 814
No. 108 Session of 2007
INTRODUCED BY SHAPIRO, STEIL, ARGALL, BENNINGHOFF, COHEN, COX,
DALLY, FREEMAN, GRELL, MAHONEY, MANDERINO, MUNDY, NAILOR,
ROAE, ROHRER, RUBLEY, SAINATO, SCHRODER, TANGRETTI, THOMAS,
VEREB, VITALI, WALKO, WILLIAMS, MAHER AND MUSTIO,
MARCH 7, 2007
AS AMENDED, HOUSE OF REPRESENTATIVES, MARCH 13, 2007
A RESOLUTION
1 Adopting as permanent rules for the House of Representatives the
2 Temporary Rules of the House of Representatives (2007-2008),
3 PROVIDING FOR EQUAL OPPORTUNITY OFFICER AND ADVISORY <--
4 COMMITTEE; further providing for order and decorum, for
5 smoking, for members' and employees' expenses; providing for
6 employee payroll information and for electronic availability
7 of reports; further providing for time of meeting, for
8 introduction and printing of bills, for fiscal notes, for <--
9 bills confined to one subject, for consideration of bills,
10 for first consideration bills, for second consideration <--
11 bills, for third consideration and final passage bills, for
12 amendments, for bills amended by the Senate, for sine die and
13 final introduction of bills, for powers and duties of <--
14 standing committees and subcommittees and FOR STANDING <--
15 COMMITTEES AND SUBCOMMITTEES AND for Committee on Rules;
16 providing for status of members indicted or convicted of a
17 crime and for status of officers or employees indicted or <--
18 convicted of a crime; further providing for committee action,
19 for public hearings, for adjourn, for lay on the table, for
20 motion to take from table, FOR FINANCIAL INTERESTS IN GAMING <--
21 ENTITIES, for electronic roll call, for suspending and
22 changing rules and for parliamentary authority; and making
23 editorial changes.
24 RESOLVED, That the Temporary Rules of the House of
25 Representatives (2007-2008) be adopted as the Rules of the House
26 of Representatives for the 2007-2008 session of the House of
27 Representatives with the following amendments:
1 (2007-2008)
2 [TEMPORARY] RULES OF THE HOUSE OF REPRESENTATIVES
3 Definitions:
4 "Day" shall mean any calendar day.
5 "Floor of the House" shall be that area within the Hall of
6 the House between the Speaker's rostrum and the brass rail
7 behind the Members' seats.
8 "Formal Action" shall mean any vote or motion of a member of
9 a standing committee, standing subcommittee, select committee or
10 rules committee of the House of Representatives to report or not
11 report, amend, consider or table a bill or resolution and the
12 discussion and debate thereof.
13 "Hall of the House" shall be the floor space within its four
14 walls and does not include the adjoining conference rooms, the
15 lobbies or the upper gallery of the House.
16 "Legislative Day" shall mean any day that the House shall be
17 in session.
18 "Press Gallery" shall be within that area known as the Hall
19 of the House as designated by the Speaker.
20 "Roll Call Vote" shall be a vote taken and displayed by and
21 on the electric roll call board or in the event of a malfunction
22 of the electric roll call board, by such method as shall be
23 determined by the Speaker.
24 RULE 1
25 Speaker Presiding
26 The Speaker shall preside over the sessions of the House.
27 [He] The Speaker may name a member to preside, but the
28 substitution shall not extend beyond an adjournment. [He] The
29 Speaker may appoint a member as Speaker pro tempore to act in
30 [his] the Speaker's absence for a period not exceeding ten
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1 consecutive legislative days.
2 As presiding officer and in accordance with Article II § 2 of
3 the Constitution of Pennsylvania and the act of June 3, 1937
4 (P.L.1333, No.320), known as the Pennsylvania Election Code,
5 within ten days after the occurrence of a vacancy the Speaker
6 shall issue a writ for a special election to be held on a date
7 which shall occur on or before the date of the first primary,
8 municipal or general election which occurs not less than 60 days
9 after the issuance of the writ. The Speaker shall not be
10 required to issue a writ of election if the election cannot be
11 scheduled until after the general election.
12 In case of failure to make an appointment, the House shall
13 elect a Speaker pro tempore to act during the absence of the
14 Speaker.
15 The Speaker pro tempore shall perform all the duties of the
16 Chair during the absence of the Speaker.
17 RULE 1 (A) <--
18 EQUAL OPPORTUNITY OFFICER AND ADVISORY COMMITTEE
19 THE SPEAKER SHALL DESIGNATE AN EQUAL OPPORTUNITY OFFICER WHO
20 SHALL REPORT TO THE SPEAKER. THERE SHALL BE AN EQUAL OPPORTUNITY
21 ADVISORY COMMITTEE, APPOINTED BY THE SPEAKER IN CONSULTATION
22 WITH THE MAJORITY LEADER AND MINORITY LEADER, TO ASSIST THE
23 EQUAL OPPORTUNITY OFFICER IN DEVELOPING, RECOMMENDING AND
24 IMPLEMENTING EQUAL OPPORTUNITY EMPLOYMENT AND PROCUREMENT
25 POLICIES IN THE HOUSE OF REPRESENTATIVES.
26 RULE 2
27 Taking the Chair
28 The Speaker shall take the Chair and call the members to
29 order on every legislative day at the hour to which the House
30 adjourned at the last sitting. On the appearance of a quorum,
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1 the Speaker shall proceed to the regular order of business as
2 prescribed by the rules of the House.
3 RULE 3
4 Order and Decorum
5 The Speaker or Presiding Officer shall preserve order and
6 decorum. In case of any disturbance or disorderly conduct in the
7 galleries or lobbies, [he] the Speaker shall have the power to
8 order the same to be cleared.
9 The Speaker or Presiding Officer shall have the right to
10 summon [State Police to assist] Legislative Security Officers to
11 enforce in the preservation of order and decorum, and if needed,
12 to summon the State Police to assist.
13 The Sergeant-at-Arms and Legislative Security Officers under
14 the direction of the Speaker or the Presiding Officer shall,
15 while the House is in session, maintain order on the floor and
16 its adjoining rooms[. He] and shall enforce the rule with
17 respect to the conduct of members, staff and visitors.
18 RULE 4
19 Questions of Order
20 The Speaker shall decide all questions of order subject to an
21 appeal by two members. The Speaker may, in the first instance,
22 submit the question to the House. Questions involving the
23 constitutionality of any matters shall be decided by the House.
24 On questions of order there shall be no debate except on an
25 appeal from the decision of the Speaker or on reference of a
26 question [by him] to the House. In either case, no member shall
27 speak more than once except by leave of the House.
28 Unless germane to the appeal, a second point of order is not
29 in order while an appeal is pending; but, when the appeal is
30 disposed of, a second point of order is in order and is subject
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1 to appeal.
2 RULE 5
3 Conference and Select Committee Appointments
4 All Committees of Conference shall be appointed by the
5 Speaker and shall be composed of three members, two of whom
6 shall be selected from the majority party and one from the
7 minority party.
8 The Speaker shall appoint the members of select committees,
9 unless otherwise ordered by the House.
10 RULE 6
11 Signature of the Speaker
12 The Speaker shall, in the presence of the House, sign all
13 bills and joint resolutions passed by the General Assembly after
14 their titles have been publicly read immediately before signing,
15 and the fact of signing shall be entered on the Journal.
16 Resolutions, addresses, orders, writs, warrants and subpoenas
17 issued by order of the House shall be signed by the Speaker and
18 attested by the Chief Clerk.
19 RULE 7
20 Oath to Employees
21 The Chief Clerk shall administer an oath or affirmation to
22 the employees of the House that they will severally support,
23 obey and defend the Constitution of the United States and the
24 Constitution of Pennsylvania, and that they will discharge the
25 duties of their offices with fidelity.
26 Each employee of the House, after taking the oath of office,
27 shall sign [his name in] the Oath Book in the presence of the
28 Chief Clerk.
29 RULE 8
30 Supervision of Hall of the House
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1 and Committee Rooms
2 Subject to the direction of the Speaker, the Chief Clerk
3 shall have supervision and control over the Hall of the House,
4 the caucus and committee rooms and all other rooms assigned to
5 the House.
6 During the sessions of the Legislature the Hall of the House
7 shall not be used for public or private business other than
8 legislative matters except by consent of the House. During
9 periods of recess of the House such use may be authorized by the
10 Speaker without the consent of the House.
11 RULE 9
12 Decorum
13 While the Speaker is putting a question or addressing the
14 House and during debate or voting, no member shall disturb
15 another by talking or walking up and down or crossing the floor
16 of the House.
17 RULE 9 (a)
18 Smoking
19 No smoking of cigarettes, cigars, pipes and other tobacco
20 products shall be allowed in the Hall of the House nor in any
21 interior area of the Capitol Complex under the control of the
22 House of Representatives.
23 RULE 10
24 Debate
25 When a member desires to address the House, [he] the member
26 shall rise and respectfully address [himself to "Mr. Speaker."]
27 the Speaker. Upon being recognized, [he may speak, confining
28 himself] the member may speak, and shall be confined to the
29 question under consideration and avoiding personal reflections.
30 When two or more members rise at the same time and ask for
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1 recognition, the Speaker shall designate the member who is
2 entitled to the floor.
3 No member, except the Majority and Minority Leaders, may
4 speak more than twice on any question, without the consent of
5 the House.
6 With the unanimous consent of the House a member may make a
7 statement not exceeding ten minutes in length concerning a
8 subject or matter not pending before the House for
9 consideration, providing the Majority and Minority Leaders have
10 agreed on a time the member is to ask for recognition.
11 RULE 11
12 Interruption of a Member who Has the Floor
13 A member who has the floor may not be interrupted, except for
14 questions of order or by a motion for the previous question.
15 [With his consent, a] A member may yield the floor for
16 questions related to the subject before the House.
17 RULE 12
18 Personal Privilege
19 Any member may by leave of the Speaker rise and explain a
20 matter personal to [himself, but he] the member, but the member
21 shall not discuss a pending question in [his] the explanation.
22 Questions of personal privilege shall be limited to questions
23 affecting the rights, reputation and conduct of members of the
24 House in their respective capacity.
25 RULE 13
26 Transgression of House Rules
27 If any member in speaking or otherwise transgresses the Rules
28 of the House, the Speaker or any member through the Speaker
29 shall call [him] the member to order, in which case [he] the
30 member shall immediately sit down unless permitted by the House
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1 to explain.
2 The House upon appeal shall decide the case without debate.
3 If the decision is in favor of the member, [he] the member may
4 proceed. If the case requires it, [he] the member shall be
5 liable to censure or other punishment as the House deems proper.
6 RULE 14
7 Members' and Employees' Expenses
8 A member who attends a duly called meeting of a standing or
9 special committee of which he or she is a member when the House
10 is not in session or who is summoned to the State Capitol or
11 elsewhere by the Speaker, or the Majority or Minority Leader of
12 the House, to perform legislative services when the House is not
13 in session shall be reimbursed per day for each day of service,
14 plus mileage to and from [his] the member's residence, at such
15 rates as are established from time to time by the Committee on
16 Rules but not in excess of the applicable maximum mileage rate
17 authorized by the Federal Government. For travel to any location
18 for committee meetings or for travel to the State Capitol for
19 any reason, members cannot receive reimbursement in excess of
20 the applicable maximum per diem rate authorized by the Federal
21 Government. These expenses shall be paid by the Chief Clerk from
22 appropriation accounts under [his] the Chief Clerk's exclusive
23 control and jurisdiction, upon a written request approved by the
24 Speaker of the House, or the Majority or the Minority Leader of
25 the House.
26 An employee of the House summoned by the Speaker or the
27 Majority or Minority Leader of the House to perform legislative
28 services outside of Harrisburg shall be reimbursed for actual
29 expenses and mileage to and from [his] the employee's residence.
30 Such expenses may be paid by the Speaker, Majority or Minority
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1 Leader, if they agree to do so, or shall be paid by the Chief
2 Clerk from appropriation accounts under [his] the Chief Clerk's
3 exclusive control and jurisdiction, upon a written request
4 approved by the Speaker, or the Majority or the Minority Leader.
5 District office employees are only permitted to be reimbursed
6 from an account under the control of the Chief Clerk when
7 traveling to Harrisburg for a training program sponsored by
8 either caucus or for travel to a legislative conference approved
9 by the Speaker, the Majority Leader or the Minority Leader. All
10 other travel by district office employees may be reimbursed from
11 the member's accountable expenses or an account under the
12 control of the Speaker, the Majority Leader or the Minority
13 Leader.
14 No member, nonmember officer or employee may receive any per <--
15 diem or other reimbursement for allowable expenses, actual
16 expenses, mileage or any other similar expenditures unless,
17 within 90 days of the travel, service or allowable expenditure,
18 a written request, voucher or other documentation is submitted,
19 in compliance with all House rules, to the Speaker, Majority
20 Leader, Minority Leader or Chief Clerk. In the case of a
21 catastrophic occurrence which occurs within the 90-day period, a
22 member, nonmember officer or employee shall have 90 days after
23 the conclusion of the occurrence to submit a written request,
24 voucher or other documentation.
25 Members and employees traveling outside the Commonwealth of
26 Pennsylvania who receive any reimbursement for expenses or
27 travel which reimbursement is from public funds shall file with
28 the Chief Clerk a statement containing his or her name and the
29 name, place, date and the purpose of the function.
30 Money appropriated specifically to and allocated under a
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1 specific symbol number for allowable expenses of members of the
2 House of Representatives shall be reimbursed to each member upon
3 submission of vouchers and any required documentation by each
4 member on forms prepared by the Chief Clerk of the House. No
5 reimbursement shall be made from this account where a member is
6 directly reimbursed for the same purpose from any other
7 appropriation account.
8 Such allowable expenses of members may be used for any
9 legislative purpose or function, including but not limited to
10 the following:
11 (1) Travel expense on legislative business.
12 (a) Mileage on session or nonsession days at a rate as
13 may be approved from time to time by the Committee on Rules,
14 but not in excess of the maximum mileage rate authorized by
15 the Federal Government for travel; voucher only.
16 (b) Miscellaneous transportation on legislative business
17 (taxi, airport limousine parking, tolls), and expenses of a
18 similar nature; voucher only for any single expense not in
19 excess of $10.
20 (c) Travel on legislative business by common carrier
21 other than taxi and airport limousine; voucher and receipt
22 from common carrier.
23 (d) Car rental; voucher and receipt from rental agency
24 but reimbursement not to exceed in any month an amount as may
25 be approved from time to time by the Committee on Rules. Any
26 amount in excess of the said amount shall be paid by the
27 person renting the car. In no event shall other than American
28 manufactured cars be rented.
29 (e) Lodging, restaurant charges and other miscellaneous
30 and incidental expenses while away from home. Vouchers only
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1 for per diem allowance approved from time to time by the
2 Committee on Rules, but not in excess of the applicable
3 maximum per diem rate authorized by the Federal Government or
4 for actual expenses not in excess of such per diem rate.
5 (2) Administrative, clerical and professional services for
6 legislative business, except for employment of spouses or any
7 relatives, by blood or marriage.
8 (a) Administrative and clerical services; voucher and
9 receipt from person employed.
10 (b) Professional services; voucher and receipt and copy
11 of agreement or contract of employment.
12 (3) Rent for legislative office space; purchase of office
13 supplies; postage; telephone and answering services; printing
14 services and rental only of office equipment; voucher and
15 vendor's receipt, except for postage expense. No reimbursement
16 or expenditure shall be made out of any appropriation account
17 for any mass mailing including a bulk rate mailing made at the
18 direction or on behalf of any member which is mailed or
19 delivered to a postal facility within 60 days immediately
20 preceding any primary or election at which said member is a
21 candidate for public office.
22 Mass mailing shall mean a newsletter or similar mailing of
23 more than 50 pieces in which the content of the matter is
24 substantially identical. Nothing in this rule shall apply to any
25 mailing which is in direct response to inquiries or requests
26 from persons to whom matter is mailed, which is addressed to
27 colleagues in the General Assembly or other government officials
28 or which consists entirely of news releases to the
29 communications media.
30 (4) Official entertainment--restaurant and beverage charges;
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1 voucher only for expenses. Receipts for entertainment expenses,
2 together with a statement of the reason for the expense, shall
3 be submitted with the request for reimbursement.
4 (5) Purchase of flags, plaques, publications, photographic
5 services, books, and other similar items in connection with
6 legislative activities; voucher and vendor's receipt.
7 (6) Communications and donations in extending
8 congratulations or sympathy of illness or death; voucher only on
9 expenses not in excess of $35.
10 No money appropriated for members' and employees' expenses
11 shall be used for contributions to political parties or their
12 affiliated organizations or to charitable organizations or for
13 charitable advertisements.
14 A member shall not create, maintain or cause to be created or
15 maintained a legislative nonprofit organization. A "legislative
16 nonprofit organization" means a nonprofit corporation or other
17 entity whose primary purpose is to receive funds under the
18 General Appropriation Act or another appropriations act at the
19 discretion or by reason of the influence of a member for the use
20 at the direction or discretion of the member. THE ETHICS <--
21 COMMITTEE SHALL ISSUE TO ANY MEMBER UPON SUCH MEMBER'S REQUEST
22 AN OPINION WITH RESPECT TO SUCH MEMBER'S DUTIES UNDER THIS RULE.
23 THE ETHICS COMMITTEE SHALL, WITHIN 14 DAYS, ISSUE THE OPINION.
24 NO MEMBER WHO ACTS IN GOOD FAITH ON AN OPINION ISSUED TO THAT
25 MEMBER BY THE ETHICS COMMITTEE SHALL BE SUBJECT TO ANY SANCTIONS
26 FOR SO ACTING, PROVIDED THAT THE MATERIAL FACTS ARE AS STATED IN
27 THE OPINION REQUEST. THE ETHICS COMMITTEE'S OPINIONS SHALL BE
28 PUBLIC RECORDS AND MAY FROM TIME TO TIME BE PUBLISHED. THE
29 MEMBER REQUESTING THE OPINION MAY, HOWEVER, REQUIRE THAT THE
30 OPINION SHALL CONTAIN SUCH DELETIONS AND CHANGES AS SHALL BE
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1 NECESSARY TO PROTECT THE IDENTITY OF THE PERSONS INVOLVED.
2 No money may be expended within 60 days before a primary
3 election or within 60 days before a general election in even-
4 numbered years for:
5 (i) purchase of or the reimbursement for the purchase of any
6 radio or television broadcast time for public service
7 announcements that depict the name, voice or image of a member;
8 or
9 (ii) payment for telemarketing activities on behalf of a
10 member. This prohibition shall not apply to limited surveys to
11 determine public opinion on various issues.
12 Members and employees shall not request reimbursement for the
13 private lease of vehicles leased on a long-term basis. No
14 payments will be made with respect to private, long-term lease
15 vehicle expenses incurred by members or employees except with
16 respect to private, long-term lease arrangements entered into by
17 a member prior to the effective date of this rule, payments for
18 which will be made in accord with the rules in place on the day
19 before the effective date of this rule. The Chief Clerk is
20 authorized to enter into a master lease agreement with the
21 Department of General Services for the long-term lease of
22 automobiles.
23 All disbursements made, debts incurred or advancements paid
24 from any appropriation account made to the House or to a member
25 or nonmember officer under a General Appropriation Act or any
26 other appropriation act shall be recorded in a monthly report
27 and filed with the Chief Clerk by the person authorized to make
28 such disbursement, incur any debt or receive any advancement on
29 a form prescribed by the Chief Clerk.
30 The Chief Clerk shall prescribe the form of all such reports
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1 and make such forms available to those persons required to file
2 such reports. Such report form shall include:
3 (1) As to personnel:
4 (a) The name, home address, job title, brief description
5 of duties and where they are performed, department or member
6 or members to whom assigned, the name of immediate supervisor
7 and minimum hours of employment per week of each employee.
8 (b) The appropriation account from which such employee
9 is compensated, the amount of compensation and whether such
10 person is on salary, per diem or contract.
11 (2) As to all other expenditures:
12 (a) To whom it was paid, the amount thereof, and the
13 nature of the goods, services or other purpose for which the
14 expenditure was made.
15 (b) The appropriation account from which the expenditure
16 was made and the name or names of the person or persons
17 requesting and/or authorizing the same.
18 A copy of each such report shall also be filed with the
19 Special Committee on Internal Affairs and House Administration
20 for use in the performance of its duties under Rule 47(a).
21 The reporting requirements as to personnel may be fulfilled
22 by the maintenance in the Office of the Chief Clerk of the House
23 of an alphabetized file containing the current information for
24 each employee as set forth above.
25 All monthly reports filed on disbursements made or debts
26 incurred by any officer or member or employee from
27 appropriations made to the House or to a member or nonmember
28 officer under any General Appropriation Act, and the
29 documentation for each disbursement, shall be public information
30 and shall be available for public inspection during regular
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1 business hours in the office of the Chief Clerk. The Chief Clerk
2 shall prescribe reasonable rules and regulations for inspection
3 of such reports but in no case shall inspection be denied to any
4 person for a period exceeding 48 hours (excluding Saturdays and
5 Sundays) from the time a written request has been submitted to
6 the Chief Clerk. Photocopies of such reports shall be made
7 available upon request to a member at no charge or to the public
8 for a duplication fee as may be fixed by the Chief Clerk. Such
9 reports shall be made available to a member or to the public on
10 or before the last day of the month next succeeding the month in
11 which the report was filed.
12 All vouchers and requisitions relating to all expenditures,
13 expenses, disbursements and other obligations out of all
14 appropriated funds of the House, and the documentation
15 evidencing payment of the vouchers and requisitions, shall be
16 available for public inspection during regular business hours in
17 the office of the Chief Clerk or at such other location within
18 the Capitol as the Chief Clerk shall prescribe. Nothing in this
19 rule shall [require] PERMIT release of any information deemed <--
20 confidential, including, but not limited to, a telephone number
21 OR CALL HISTORY, a credit card number and a Social Security <--
22 number OR A FEDERAL OR A STATE TAX IDENTIFICATION NUMBER. <--
23 All requests to review payroll and independent contractor
24 records of the House or any other vouchers or requisitions for
25 funds appropriated to the House shall be made to the Chief
26 Clerk, in writing, at least three working days prior to the date
27 on which the review is requested. The request shall be signed by
28 the party who will be making the review and it shall indicate
29 the name of the organization or entity employing such
30 individual. The Chief Clerk shall establish a time during normal
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1 business hours for the review to occur and he shall provide that
2 the review shall not interfere with the necessary functioning of
3 the Chief Clerk's office.
4 All requests for reimbursement out of any appropriation shall
5 be accompanied by a voucher, or other documents where required,
6 evidencing payment or approval. ALL REQUESTS FOR REIMBURSEMENT <--
7 OUT OF ANY APPROPRIATION PAYABLE TO A MEMBER, NONMEMBER OFFICER
8 OR EMPLOYEE SHALL BE VOID IF NOT SUBMITTED WITHIN 90 DAYS OF THE
9 DATE THAT THE OTHERWISE ALLOWABLE EXPENSE IS INCURRED FOR ANY
10 AND ALL OTHERWISE ALLOWABLE EXPENSES, INCLUDING WITHOUT
11 LIMITATION, PER DIEM, MILEAGE AND ACTUAL EXPENSES INCURRED AT
12 ANY TIME FROM THE ADOPTION OF THIS RULE. ANY SUCH VOID REQUEST
13 FOR REIMBURSEMENT MAY NOT BE PAID EXCEPT PURSUANT TO A MOTION TO
14 SUSPEND THIS RULE FOR GOOD CAUSE SPECIFIC TO THE VOIDED REQUEST
15 FOR REIMBURSEMENT. The voucher form shall be approved and
16 supplied by the Chief Clerk. Receipts or documentation of every
17 expenditure or disbursement which is in excess of the maximum
18 amount as set forth herein shall be attached to the voucher.
19 Where a request for payment is made in advance of an expense
20 actually incurred, the Chief Clerk, before making such advance
21 payment shall require a description satisfactory to the Chief
22 Clerk of the item or service to be purchased or the expense to
23 be incurred, and a receipt or other documentation shall be given
24 to the Chief Clerk after the item or service has been purchased
25 or expense incurred as evidence that such advancement was in
26 fact expended for such purpose.
27 All reports, vouchers and receipts from which reports are
28 prepared and filed shall be retained by the Chief Clerk, officer
29 or member, as the case may be, for such period of time as may be
30 necessary to enable the Legislative Audit Advisory Commission
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1 created pursuant to the act of June 30, 1970 (P.L.442, No.151),
2 entitled "An act implementing the provisions of Article VIII,
3 section 10 of the Constitution of Pennsylvania, by designating
4 the Commonwealth officers who shall be charged with the function
5 of auditing the financial transactions after the occurrence
6 thereof of the Legislative and Judicial branches of the
7 government of the Commonwealth, establishing a Legislative Audit
8 Advisory Commission, and imposing certain powers and duties on
9 such commission," to conduct, through certified public
10 accountants appointed by it, annual audits to assure that such
11 disbursements made or debts incurred were in accordance with
12 Legislative Audit Advisory Commission guidelines and standards
13 as approved by the Committee on Rules, or for a minimum of three
14 years, whichever is longer. All annual audit reports shall be
15 available for public inspection. Photocopies of such reports
16 shall be available for a fee established by the Chief Clerk not
17 to exceed the cost of duplication.
18 [All] Except as specifically prohibited by law or limited by
19 this rule, all expenditures of funds appropriated to the House
20 or to a member or nonmember officer shall be subject to the
21 expenditure guidelines established by the Rules Committee. The
22 Rules Committee shall establish standards regarding
23 documentation evidencing payment out of any appropriations
24 account made to the House or to a member or nonmember officer.
25 RULE 14 (a)
26 Employee Payroll Information
27 In accordance with the act of January 10, 1968 (1967 P.L.925,
28 No.417), referred to as the Legislative Officers and Employes
29 Law, the Chief Clerk shall compile, annually, on or prior to the
30 first day of February of each year, a complete list of employees
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1 of the House of Representatives. The list shall include the full
2 name, job title, work address and name of immediate supervisor
3 of every employee of the House of Representatives and shall
4 include such information for every person employed for any
5 period of time during the preceding 12 months. In addition to
6 the information required under the Legislative Officers and
7 Employes Law, the list shall include the payroll wage
8 information for those House employees paid during the preceding
9 calendar year. The list shall be available for public inspection
10 in the Office of the Chief Clerk during regular business hours.
11 RULE 14 (b)
12 Electronic Availability of Reports
13 In addition to the other methods of availability under Rule
14 14, all expense reports shall be provided electronically by the
15 Chief Clerk upon request.
16 RULE 15
17 Time of Meeting
18 The House shall convene on the first legislative day of the
19 week at 1:00 P.M. prevailing time, unless otherwise ordered by a
20 roll call vote of the majority of those elected to the House.
21 On other days the House shall convene at the discretion of
22 the House. No session of the House may begin before 8:00 A.M.
23 nor end after 11:00 P.M. unless exigent circumstances exist, as
24 determined by an affirmative vote of three-fourths of the
25 members elected to the House, by a roll call vote.
26 RULE 16
27 Quorum
28 A majority of the members shall constitute a quorum, but a
29 smaller number may adjourn from day to day and compel the
30 attendance of absent members. (Constitution, Article II, Section
20070H0108R0814 - 18 -
1 10).
2 When less than a quorum vote on any question, the Speaker
3 shall forthwith order the doors of the House closed and the
4 names of the members present shall be recorded. If it is
5 ascertained a quorum is present, either by answering to their
6 names or by their presence in the House, the Speaker shall again
7 order the yeas and nays. If any member present refuses to vote,
8 [his] refusal shall be deemed a contempt. Unless purged, the
9 House may order the Sergeant-at-Arms to remove the member or
10 members without the bar of the House. All privileges of
11 membership shall be refused the member or members so offending
12 until the contempt is purged.
13 RULE 17
14 Order of Business
15 The daily order of business shall be:
16 (1) Prayer by the Chaplain.
17 (2) Pledge of Allegiance.
18 (3) Correction and approval of the Journal.
19 (4) Leaves of absence.
20 (5) Master Roll Call.
21 (6) Reports of Committee.
22 (7) First consideration bills.
23 (8) Second consideration bills.
24 (9) Third consideration bills, final passage bills
25 (including both third consideration and final passage
26 postponed bills) and resolutions.
27 (10) Final passage bills recalled from the Governor.
28 (11) Messages from the Senate and communications from the
29 Governor.
30 (12) Reference to appropriate committees of bills,
20070H0108R0814 - 19 -
1 resolutions, petitions, memorials, remonstrances and
2 other papers.
3 (13) Unfinished business on the Speaker's table.
4 (14) Announcements.
5 (15) Adjournment.
6 Any question may, by a majority vote of the members elected,
7 be made a special order of business. When the time arrives for
8 its consideration, the Speaker shall lay the special order of
9 business before the House.
10 In lieu of offering House Resolutions on topics of importance
11 to members, any member, without unanimous consent, may address
12 the House on such issue and have his or her remarks entered into
13 the record during a special period of time established each week
14 by the Speaker at the conclusion of House business on a specific
15 day.
16 RULE 18
17 Introduction and Printing of Bills
18 Bills shall be introduced in quadruplicate, signed and dated
19 by each member who is a sponsor of the bill, and filed with the
20 Chief Clerk on any day that the offices of the House of
21 Representatives are open for business. A sponsor may be added or
22 withdrawn upon written notice to the Speaker, Majority Leader,
23 Minority Leader and the prime sponsor. In the case of
24 withdrawals, the names shall be withdrawn if and when the bill
25 is reprinted. Additional sponsors may be added only by the prime
26 sponsor by providing written notice to the Speaker, Majority
27 Leader and Minority Leader.
28 Bills introduced when received at the Chief Clerk's desk
29 shall be numbered consecutively and delivered to the Speaker,
30 who shall refer each bill to an appropriate committee on any day
20070H0108R0814 - 20 -
1 whether or not the House is in session. If the resolution
2 creating a select committee authorizes the referral of bills to
3 that committee, the Speaker[, in his discretion,] may refer
4 bills, within the scope of the resolution, to such select
5 committee. Insofar as applicable, the select committee shall
6 consider and report bills in accordance with the rules governing
7 the consideration and reporting of bills by standing committees.
8 The Speaker shall report to the House the committees to which
9 bills have been referred, either on the day introduced or
10 received or on the next two legislative days the House is in
11 session, unless the House is in recess for more than four
12 consecutive days in which case the Speaker shall provide a list
13 to the Majority Leader and the Minority Leader, within two
14 calendar days, of all bills which were referred during such
15 period when the House was not in session.
16 If the Speaker neglects or refuses to refer to committee any
17 bill or bills (whether House or Senate) as above after
18 introduction or presentation by the Senate for concurrence, any
19 member may move for the reference of the bill to an appropriate
20 committee. If the motion is carried, said bill or bills shall be
21 immediately surrendered by the Speaker to the committee
22 designated in said motion.
23 The first copy of each bill introduced shall be for the
24 committee, the second copy shall be for the printer, the third
25 copy shall be for the news media and the fourth copy shall be
26 for the Legislative Reference Bureau.
27 Every bill, after introduction and reference to committee,
28 shall be printed and shall also be posted on the Internet with
29 the hyperlink to the web page for the members of the House of
30 Representatives.
20070H0108R0814 - 21 -
1 Bills may not be withdrawn after reference to committee.
2 RULE 19
3 Bills Referred to Committees
4 No bill shall be considered unless referred to a committee,
5 printed for the use of the members and returned therefrom.
6 (Constitution, Article III, Section 2).
7 RULE 19 (a)
8 Fiscal Notes
9 (1) No bill, except a General Appropriation bill or any
10 amendments thereto, which may require an expenditure of
11 Commonwealth funds or funds of any political subdivision or
12 which may entail a loss of revenues overall, or to any
13 separately established fund shall be given [second] third
14 consideration reading on the calendar until it has first been
15 referred to the Appropriations Committee for a fiscal note,
16 provided however that the Rules Committee may by an affirmative
17 vote of three-quarters of the entire membership to which such
18 committee is entitled:
19 (a) Waive the recommittal to the Appropriations
20 Committee and provide that the fiscal note be attached to the
21 bill while on the active calendar. The providing of such note
22 shall be a priority item for the Appropriations Committee; or
23 (b) Waive the necessity of a fiscal note on any bill
24 which it deems to have a de minimis fiscal impact or which
25 merely authorizes, rather than mandates, an increase in
26 expenditures or an action that would result in a loss of
27 revenue.
28 (2) Nothing herein shall preclude any member from moving, at
29 the proper time, the recommittal of any bill to the
30 Appropriations Committee for a fiscal note.
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1 (3) The Appropriations Committee shall be limited in its
2 consideration of any such bill to the fiscal aspects of the bill
3 and shall not consider the substantive merits of the bill nor
4 refuse to report any such bill from committee for reasons other
5 than fiscal aspects. The fiscal note shall accompany the bill
6 and provide the following information in connection with the
7 Commonwealth and its political subdivisions:
8 (a) The designation of the fund out of which the
9 appropriation providing for expenditures under the bill shall
10 be made;
11 (b) The probable cost of the bill for the fiscal year of
12 its enactment;
13 (c) A projected cost estimate of the program for each of
14 the five succeeding fiscal years;
15 (d) The fiscal history of the program for which
16 expenditures are to be made;
17 (e) The probable loss of revenue from the bill for the
18 fiscal year of its enactment;
19 (f) A projected loss of revenue estimate from the bill
20 for each of the five succeeding fiscal years;
21 (g) The line item, if any, of the General [Appropriation
22 Bill] Fund, special fund or other account out of which
23 expenditures or losses of Commonwealth funds shall occur as a
24 result of the bill;
25 (h) The recommendation, if any, of the Appropriations
26 Committee and the reasons therefor relative to the passage or
27 defeat of the bill; and
28 (i) A reference to the source of the data from which the
29 foregoing fiscal information was obtained, and an explanation
30 of the basis upon which it is computed.
20070H0108R0814 - 23 -
1 (4) No bill which may result in an increase in the
2 expenditure of Commonwealth funds shall be given [second] third
3 consideration reading on the calendar until the Appropriations
4 Committee has certified that provision has been made to
5 appropriate funds equal to such increased expenditure. Whenever
6 the Appropriations Committee cannot so certify, the bill shall
7 be returned to the committee from which it was last reported for
8 further consideration and/or amendment.
9 (5) No amendment to a bill, concurrences in Senate
10 amendments, or adoption of a conference report which may result
11 in an increase in the expenditure of Commonwealth funds or those
12 of a political subdivision or which may entail a loss of
13 revenues in addition to that originally provided for in the bill
14 prior to the proposed changes nor any bill requiring a fiscal
15 note for which re-referral to the Appropriations Committee has
16 been waived by the Rules Committee shall be voted upon until a
17 fiscal note is available for distribution to the members with
18 respect to such changes or to such bill showing the fiscal
19 effect of the changes with respect to the bill, and containing
20 the information set forth by subsection (3) of this rule.
21 [(5.1) All requests for fiscal notes on amendments must be
22 submitted to the Appropriations Committee by 2:00 P.M. of the
23 last legislative day preceding the scheduled vote. The amendment
24 must accompany the request for a fiscal note. If the fiscal note
25 request cannot be submitted in accordance with this subsection
26 because the amendment is still being prepared by the Legislative
27 Reference Bureau, the member must, by the deadline set forth in
28 this subsection, provide the Appropriations Committee with a
29 statement prepared by the member which contains the factual
30 content of the amendment and which meets the requirements of
20070H0108R0814 - 24 -
1 Rule 21. A fiscal note on an amendment shall not be issued
2 unless the printed amendment has been submitted by the member to
3 the Appropriations Committee for its review.]
4 (6) When an amendment or certificate is timely filed with
5 the amendment clerk under Rule 21, the amendment or certificate
6 shall be forwarded to the Appropriations Committee. Upon receipt
7 of an amendment, the Appropriations Committee shall
8 automatically prepare a fiscal note.
9 [(6)] (7) In obtaining the information required by these
10 rules, the Appropriations Committee may utilize the services of
11 the Office of the Budget and any other State agency as may be
12 necessary.
13 [(7)] (8) Any bill proposing any change relative to the
14 retirement system of the Commonwealth or any political
15 subdivision thereof, funded in whole or in part out of the
16 public funds of the Commonwealth or any political subdivision,
17 shall have attached to it an actuarial note. Except for the
18 provisions pertaining to the content of fiscal notes as set
19 forth in paragraphs (a) through (i) of subsection (3), all the
20 provisions pertaining to and procedures required of bills
21 containing fiscal notes, shall, where applicable, also be
22 required for bills containing actuarial note. The actuarial note
23 shall contain a brief explanatory statement or note which shall
24 include a reliable estimate of the financial and actuarial
25 effect of the proposed change in any such retirement system.
26 RULE 19 (b)
27 General Appropriation Bill and Non-Preferred Bills
28 This rule shall apply to all amendments offered to the
29 General Appropriation Bill for each proposed fiscal year
30 including any amendments offered to or for supplemental
20070H0108R0814 - 25 -
1 appropriations to prior fiscal years contained within the
2 General Appropriation Bill, and shall also apply to all
3 amendments offered to any non-preferred appropriation bill for
4 the same fiscal year.
5 Any amendment offered on the floor of the House to the
6 General Appropriation Bill that proposes to increase spending of
7 State dollars for the Commonwealth's proposed fiscal year or
8 prior fiscal years above the levels contained in the General
9 Appropriation Bill as reported from the Appropriations Committee
10 plus any aggregate if certified each year by the Appropriations
11 Committee shall not be in order and may not be considered unless
12 the same amendment contains sufficient reductions in line items
13 of that General Appropriation Bill so that the amendment offered
14 does not result in a net increase in the total proposed spending
15 contained within the General Appropriation Bill plus any
16 aggregate if certified by the Appropriations Committee.
17 Any amendment offered on the floor of the House to any non-
18 preferred appropriation bill that proposes to increase spending
19 of State dollars for the current fiscal year above the levels
20 contained in that non-preferred appropriation bill as reported
21 from the Appropriations Committee shall not be in order and may
22 not be considered unless the same amendment contains sufficient
23 reductions in that non-preferred appropriation bill so that the
24 amendment offered does not result in a net increase in the total
25 proposed spending contained within that non-preferred
26 appropriation bill.
27 In order to be considered, amendments to the General
28 Appropriation Bill must be submitted to the Office of the Chief
29 Clerk by 2:00 P.M. of the Monday of the week prior to the
30 scheduled vote of the General Appropriation Bill. The
20070H0108R0814 - 26 -
1 Appropriations Committee for special and proper reason and by
2 majority vote, may waive this deadline. Members shall be
3 notified of the scheduled vote on the General Appropriation Bill
4 no later than 4:30 P.M. of the Wednesday preceding the above
5 noted Monday on which the amendments must be filed to the Bill.
6 Rule 21 of the Rules of the House, insofar as it applies to the
7 filing deadline for amendments and notice requirements for the
8 voting schedule for the General Appropriation Bill, shall not
9 apply to this rule. Rule 21 shall, however, apply to the non-
10 preferred appropriation bills.
11 If the amendment cannot be submitted in accordance with the
12 provision of the previous paragraph because it is still being
13 prepared by the Legislative Reference Bureau, the member must,
14 by 2:00 P.M. on the Monday of the week prior to the scheduled
15 vote, provide the Office of the Chief Clerk with a statement,
16 prepared by the member containing the factual content and exact
17 amounts of increases and decreases in line items which would be
18 proposed in the amendment, along with certification from the
19 Legislative Reference Bureau that the amendment was submitted to
20 the Legislative Reference Bureau prior to 2:00 P.M. on the
21 aforementioned Monday. This filing deadline does not apply to
22 amendments to any non-preferred appropriation bill.
23 Debate on any debatable question related to the General
24 Appropriation Bill or a nonpreferred appropriation bill shall be
25 limited to five minutes each time a member is recognized. On the
26 bill a sponsor of an amendment shall be entitled to be
27 recognized twice, a maker of a debatable motion shall be
28 entitled to be recognized twice, any other members shall be
29 entitled to be recognized once.
30 This rule may be temporarily suspended only by two-thirds
20070H0108R0814 - 27 -
1 vote of the members elected to the House by a roll call vote.
2 RULE 20
3 Bills Confined to One Subject
4 No bill shall be passed containing more than one subject,
5 which shall be clearly expressed in its title, except a general
6 appropriation bill or a bill codifying or compiling the law or a
7 part thereof. (Constitution, Article III, Section 3).
8 RULE 21
9 Consideration of Bills
10 (a) Every bill and every joint resolution shall be
11 considered on three different days. All amendments made thereto
12 shall be printed for the use of the members before the final
13 vote is taken thereon, and before the final vote is taken, upon
14 written request addressed to the presiding officer by at least
15 25% of the members elected to the House, any bill shall be read
16 at length. No bill shall become law and no joint resolution
17 adopted unless, on its final passage, the vote is taken by yeas
18 and nays, the names of the persons voting for and against it are
19 entered on the Journal, and a majority of the members elected to
20 the House is recorded thereon as voting in its favor.
21 (Constitution, Article III, Section 4).
22 (b) Members shall be notified of bills and resolutions
23 scheduled to be voted no later than prior to the close of
24 business at 4:30 P.M. of the second legislative day prior to the
25 [scheduled vote on final passage] date of second consideration
26 and prior to the date of third consideration for legislation
27 that has no legal deadline. (The General Appropriation Act and
28 non-preferred bills are included within the definition of
29 legislation that has no legal deadline.) [All] Except as
30 provided in subsection (d), all amendments shall be submitted to
20070H0108R0814 - 28 -
1 the Office of the Chief Clerk by 2:00 P.M. of the last
2 legislative day preceding the scheduled [vote.] date of
3 consideration. A change in the printer's number as a result of
4 third consideration shall not require an additional notice of
5 final passage. No vote on final passage can occur before the
6 date of the scheduled vote.
7 (c) If the amendment cannot be submitted in accordance with
8 the above paragraph because it is still being prepared by the
9 Legislative Reference Bureau, the member must provide the Office
10 of the Chief Clerk with a statement, by the above-noted 2:00
11 P.M. deadline, prepared by the member containing the factual
12 content of said amendment along with certification from the
13 Legislative Reference Bureau that the amendment was submitted to
14 the Legislative Reference Bureau for drafting prior to the
15 above-noted 2:00 P.M. deadline.
16 (d) In cases where an amendment alters a bill so as to
17 effectively rule out of order an amendment which was timely
18 filed pursuant to the provisions of this rule, a replacement
19 amendment may be submitted to the Office of the Chief Clerk
20 provided that the subject matter of the replacement amendment is
21 not substantially different from the intent of the original
22 amendment. The replacement amendment shall be deemed to have met
23 the timely filed conditions provided for in this rule. The
24 member shall notify the Speaker of the member's intent to file a
25 replacement amendment and shall file a certificate with the
26 Office of the Chief Clerk. The bill in question shall not <--
27 receive MAY CONTINUE TO RECEIVE CONSIDERATION BUT SHALL NOT BE <--
28 MOVED TO THIRD consideration until the replacement amendment is
29 available FOR A VOTE. IF CONSIDERATION OF THE BILL IS DELAYED TO <--
30 A NEW LEGISLATIVE DAY DUE SOLELY TO DELAY IN RECEIPT OF
20070H0108R0814 - 29 -
1 REPLACEMENT AMENDMENTS, THEN ONLY AMENDMENTS TIMELY FILED FOR
2 THE DATE OF THE ORIGINALLY SCHEDULED VOTE AND REPLACEMENT
3 AMENDMENTS SHALL BE CONSIDERED. THIS LIMITATION ON AMENDMENTS
4 SHALL NOT APPLY TO THE BILL IN QUESTION IF CONSIDERATION OF THE
5 BILL IS RESCHEDULED BEYOND THE NEW LEGISLATIVE DAY.
6 (e) Members shall be notified no later than [one hour] 24
7 hours prior to the consideration of all bills on concurrence[,
8 unless the concurrence is the General Appropriation Bill, in
9 which case at least 24 hours' notice shall be provided]. A brief
10 description of every bill on concurrence shall be given prior to
11 a vote. Additionally, members shall be notified and conference
12 committee reports shall be available to members at least 24
13 hours prior to the adoption of all conference committee reports.
14 When these reports are considered on the first legislative day
15 of the week, said notice shall be provided no later than the
16 close of business on the last business day preceding the vote.
17 RULE 22
18 First Consideration Bills
19 Bills reported from committees shall be considered for the
20 first time when reported and shall then be automatically removed
21 from the calendar and laid on the table, except House bills
22 reported from committees after the first Monday in June until
23 the first Monday in September which shall then be automatically
24 recommitted to the Committee on Rules. The Rules Committee shall
25 not in any instance have the power to amend a bill which has
26 been reported by another committee.
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] RULE shall automatically be re-reported to the <--
30 floor of the House and laid on the table.
20070H0108R0814 - 30 -
1 [The Rules Committee shall not in any instance have the power
2 to amend a bill that has already gone through another
3 committee.]
4 Any bill which was automatically laid on the table pursuant
5 to this [Rule 22] RULE and has remained on the table for 15 <--
6 legislative days shall automatically be removed from the table
7 and returned to the calendar for second consideration the next
8 legislative day.
9 Any bill which was automatically laid on the table pursuant
10 to this [Rule 22] RULE may be removed from the table by motion <--
11 of the Majority Leader, or [his] a designee, acting on a report
12 of the Committee on Rules. Such report shall be in writing and a
13 copy thereof distributed to each member. Any bill so removed
14 from the table shall be placed on the second consideration
15 calendar on the legislative day following such removal. Nothing
16 herein shall affect the right of any member to make a motion to
17 remove a bill from the table.
18 Amendments shall not be proposed, nor is any other motion in
19 order on first consideration.
20 Bills shall not be considered beyond first consideration
21 until the latest print thereof is on the desks of the members.
22 Any noncontroversial bill, which is defined as any bill,
23 other than an appropriations bill, approved by a committee with
24 no negative votes or abstentions, and with the approval of the
25 Majority Leader and the Minority Leader, shall be placed on an
26 uncontested calendar. Bills on the uncontested calendar shall be
27 voted upon by a single roll-call vote. Each bill listed on the
28 uncontested calendar will be printed separately in the journal
29 with the vote recorded on the approval of the uncontested
30 calendar as the vote on final passage of each bill contained
20070H0108R0814 - 31 -
1 therein.
2 If any member should object to the placement of a bill on the
3 uncontested calendar, the bill shall be automatically removed
4 from the uncontested calendar and placed on the regular calendar
5 the next legislative day.
6 RULE 23
7 Second Consideration Bills
8 Bills on second consideration shall be considered in their
9 calendar order and shall be subject to amendment.
10 No House bill on second consideration shall be considered
11 until called up by a member.
12 RULE 24
13 Third Consideration and Final Passage Bills
14 Bills on third consideration [and final passage] shall be
15 considered in their calendar order and shall be subject to
16 amendment[.] ONLY WHEN AN AMENDMENT IS NECESSARY TO MAKE THE <--
17 DOCUMENT INTERNALLY CONSISTENT, TO CLEAR UP AN AMBIGUITY, TO
18 CORRECT GRAMMAR OR TO CORRECT A DRAFTING ERROR OR IS NECESSARY
19 FOR PURPOSES OF STATUTORY CONSTRUCTION. AN AMENDMENT UNDER THIS
20 PARAGRAPH SHALL NOT BE SUBJECT TO THE FILING DEADLINES UNDER
21 RULE 21.
22 [A bill on third consideration may be amended.
23 After a bill is agreed to on third consideration, prior to
24 voting, if the bill has not been caucused upon by both caucuses
25 or if the bill is not available on the Legislative Data
26 Processing floor system, the title or a brief analysis of the
27 bill shall be read.
28 The] A bill having received consideration by the House on
29 three different days and having been agreed to may be called by
30 the Speaker to receive action on final passage; however, a bill
20070H0108R0814 - 32 -
1 amended on third consideration may not receive action on final <--
2 passage until at least 24 hours have elapsed from the time the
3 bill was amended UNLESS THE AMENDMENT WAS A TECHNICAL AMENDMENT <--
4 PERMITTED UNDER THE FIRST PARAGRAPH OF THIS RULE. Upon being
5 called to receive action on final passage, the title and a brief
6 description of a bill shall be read. A bill on final passage
7 shall not be subject to amendment, but shall be subject to
8 debate. At the conclusion of debate, the Speaker shall then
9 state the question as follows:
10 "This bill has been considered on three different days
11 and agreed to and is now on final passage.["
12 "]The question is, shall the bill pass finally?["
13 "]Agreeable to the provision of the Constitution, the
14 yeas and nays will now be taken."
15 When more than one bill shall be [considered] called for
16 action on final passage at the same time, prior to voting, [if
17 the bill has not been caucused upon by both caucuses or if the
18 bill is not available on the Legislative Data Processing floor
19 system,] the title or a brief analysis of [the] each bill shall
20 be read.
21 The Speaker shall then state the question as follows:
22 "These bills have been considered on three different days
23 and agreed to and are now on final passage.["
24 "]The question is, shall the bills on the uncontested
25 calendar pass finally?["
26 "]Agreeable to the provision of the Constitution, the
27 yeas and nays will now be taken."
28 RULE 25
29 Defeated Bills
30 When a bill or resolution has been defeated by the House, it
20070H0108R0814 - 33 -
1 shall not be reintroduced, or, except as provided in Rule 26, be
2 reconsidered, nor shall it be in order to consider a similar
3 one, or to act on a Senate bill or resolution of like import,
4 during the same session.
5 RULE 26
6 Reconsideration
7 A motion to reconsider the vote by which a bill, resolution
8 or other matter was passed or defeated shall be made in writing
9 by two members. The motion shall be in order only under the
10 order of business in which the vote proposed to be reconsidered
11 occurred and shall be decided on a roll-call vote by a majority
12 vote. No motion to reconsider shall be in order when the bill,
13 resolution or other matter is no longer in the possession of or
14 is not properly before the House.
15 A motion to reconsider any such vote must be made on the same
16 day on which the initial vote was taken or within the succeeding
17 five days in which the House is in session, provided such bill,
18 resolution or other matter is still in the possession of or is
19 properly before the House.
20 When a motion to reconsider any such vote is made within the
21 aforesaid time limits and is decided by the affirmative vote
22 prescribed herein, the question immediately recurs on the bill,
23 resolution or other matter reconsidered.
24 Where a bill, resolution or other matter has been initially
25 defeated and a motion to reconsider is not timely made, then
26 such bill, resolution or other matter shall carry the status of
27 "defeated finally" and not properly before the House. Therefore,
28 it shall not be in order to entertain a motion to reconsider any
29 such vote.
30 Where a timely made motion to reconsider is lost, it shall
20070H0108R0814 - 34 -
1 not be in order to again entertain a motion to reconsider any
2 such vote, even though such second motion to reconsider is
3 timely made.
4 Where a bill, resolution, or other matter has been initially
5 defeated, and a timely made motion to reconsider the vote is
6 lost, or if no motion to reconsider the vote was timely made,
7 then it shall not be in order for the House thereafter to
8 receive or consider a new bill, resolution or other matter
9 embracing therein a subject or purpose basically identical to or
10 of similar import to the subject matter or purpose of the bill,
11 resolution or matter initially defeated.
12 The vote on a bill or resolution recalled from the Governor
13 may be reconsidered at any time after the bill or resolution has
14 been returned to the House.
15 No bill, resolution or other matter may be reconsidered more
16 than twice on the same legislative day.
17 RULE 27
18 Amendments
19 No bill shall be amended so as to change its original
20 purpose. (Constitution, Article III, Section 1).
21 No motion or proposition on a subject different from that
22 under consideration shall be admitted under color of amendment.
23 Any member may move to amend a bill or resolution, provided
24 the proposed amendment is germane to the subject. Questions
25 involving whether an amendment is germane to the subject shall
26 be decided by the House.
27 No amendment to an amendment shall be admitted nor
28 considered.
29 [If an amendment is not filed in a timely manner pursuant to
30 the provisions of House Rule 21, then the sponsor of the] The
20070H0108R0814 - 35 -
1 sponsor of an amendment shall explain the amendment prior to
2 consideration by the House.
3 Before consideration, nine typewritten copies of a proposed
4 amendment signed by its sponsor shall be presented to the
5 Speaker, one copy of which shall be delivered to the news media
6 and a printed copy in typewritten form prepared by the
7 Legislative Reference Bureau shall be placed on the desk of each
8 member if the amendment is not available on the Legislative Data
9 Processing floor system.
10 Amendments adopted or defeated may not be considered again
11 without first reconsidering the vote.
12 RULE 28
13 Bills Amending Existing Law
14 Bills amending existing law shall indicate present language
15 to be omitted by placing it within brackets and new language to
16 be inserted by underscoring. (Constitution, Article III, Section
17 6).
18 RULE 29
19 Form for Printing Amendments
20 In printing amendments to bills and resolutions, all new
21 matter added shall be in CAPITAL LETTERS, and matter to be
22 eliminated shall be indicated by strike-out type.
23 In reprinting House bills previously amended by the House and
24 in reprinting Senate bills previously amended by the Senate, but
25 not in Senate bills previously amended by the House, all matters
26 appearing in strike-out type shall be dropped from the new print
27 and all matter appearing in CAPITAL LETTERS shall be reset in
28 lower case Roman type.
29 RULE 30
30 Bills Amended by the Senate
20070H0108R0814 - 36 -
1 When a bill or joint resolution has been amended by the
2 Senate and returned to the House for concurrence, it shall be
3 referred automatically to the Committee on Rules immediately
4 upon the reading of the message from the Senate by the Clerk.
5 The Committee on Rules [may] shall not have the power to amend
6 any bill or joint resolution containing Senate amendments[.],
7 except that the Committee on Rules, by a majority vote of the
8 members appointed to the committee, may revert to the printer's
9 number of the bill or joint resolution which last passed the
10 House.
11 When said bill or resolution has been favorably reported by
12 the Committee on Rules, either as committed or as [amended] last
13 passed the House, said bill or joint resolution shall be placed
14 on the calendar [and copies thereof shall be placed on the desks
15 of the members]. When acting on bills or joint resolutions
16 amended by the Senate, the bill and the amendments, if any shall
17 be read and the question put on the concurrence in the
18 amendments.
19 Any two members may object to the report of any bill or joint
20 resolution included in a report of the Committee on Rules on the
21 basis that the adoption of an amendment to the bill or joint
22 resolution exceeded the limitation upon the power of the
23 Committee on Rules to amend bills and joint resolutions amended
24 by the Senate. The objection must be raised prior to the bill or
25 joint resolution being put to a roll call vote. The question
26 shall be decided by a majority vote of the members elected to
27 the House. If the House rejects the report of any such bill or
28 joint resolution, the bill or joint resolution shall be deemed
29 reported from the Committee on Rules as committed and shall be
30 placed on the calendar.
20070H0108R0814 - 37 -
1 The House shall not consider any proposed amendment to any
2 amendment made by the Senate to a bill or joint resolution, nor
3 consider any amendment to any amendment made by the Committee on
4 Rules.
5 A majority vote of the members elected to the House taken by
6 yeas and nays shall be required to concur in amendments made by
7 the Senate, except for appropriations to charitable and
8 educational institutions not under the absolute control of the
9 Commonwealth, where a vote of two-thirds of all the members
10 elected to the House shall be required to concur. (Constitution,
11 Article III, Sections 5 and 30).
12 RULE 31
13 Bills Vetoed by the Governor
14 When the Governor has returned a bill to the House with [his]
15 objections, the veto message shall be read and the House shall
16 proceed to reconsider it. (Constitution, Article IV, Section
17 15).
18 RULE 32
19 Hospital and Home Appropriations or
20 Acquiring Lands of the Commonwealth
21 No bills appropriating moneys to State-aided hospitals or
22 State-aided homes shall be introduced in the House, except such
23 as appropriate in single bills the total sum to be appropriated
24 to all of the institutions within the same class or group.
25 Requests for appropriations for particular State-aided hospitals
26 or State-aided homes shall be filed with the [Chairman] Chair of
27 the Committee on Appropriations on forms to be furnished by the
28 said Committee on Appropriations, and shall be signed by the
29 member requesting the appropriation.
30 No bill granting or conveying Commonwealth lands or taking
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1 title thereto shall be reported by any committee to the House
2 unless there has been filed with the Chief Clerk and the
3 [chairman] chair of the reporting committee a memorandum from
4 the Department of General Services indicating the use to which
5 the property is presently employed, the full consideration for
6 the transfer, if any, a departmental appraisal of the property,
7 including its valuation and a list of recorded liens and
8 encumbrances, if any, the use to which the property will be
9 employed upon its transfer, the date by which the land is needed
10 for its new use, and the legislative district or districts in
11 which the land is located. The memorandum shall contain a
12 statement by a responsible person in the Department of General
13 Services indicating whether or not the administration favors the
14 transfer which is the subject of the bill under consideration.
15 RULE 33
16 Special Legislation
17 No local or special bill shall be passed by the House unless
18 notice of the intention to apply therefor has been published in
19 the locality where the matter or the thing to be affected may be
20 situated, which notice shall be at least 30 days prior to the
21 introduction into the General Assembly of such bill and in the
22 manner provided by law; the evidence of such notice having been
23 published shall be exhibited in the General Assembly before the
24 act shall be passed. (Constitution, Article III, Section 7).
25 No local or special bill shall be considered in violation of
26 Article III, Section 32, of the Constitution.
27 RULE 34
28 Nonpreferred Appropriations
29 No bill shall be passed appropriating money to any charitable
30 or educational institution not under absolute control of the
20070H0108R0814 - 39 -
1 Commonwealth, except by a vote of two-thirds of all members
2 elected. (Constitution, Article III, Section 17).
3 RULE 35
4 House and Concurrent Resolutions
5 Members introducing resolutions other than concurrent
6 resolutions shall file five copies thereof; seven copies of
7 concurrent resolutions shall be filed. All resolutions shall be
8 signed by their sponsors, dated and filed with the Chief Clerk.
9 After being numbered, one copy of all resolutions shall be given
10 to the news media and all other copies delivered to the Speaker.
11 A sponsor may not be added or withdrawn after a resolution has
12 been printed. Resolutions may not be withdrawn after reference
13 to a committee.
14 Unless privileged under Rule 36 for immediate consideration
15 or deemed noncontroversial by the Speaker in consultation with
16 the Majority Leader and the Minority Leader, the Speaker shall
17 refer House resolutions (except discharge resolutions) and
18 Senate resolutions presented to the House for concurrence to
19 appropriate committees.
20 House resolutions deemed noncontroversial by the Speaker,
21 including, but not limited to, condolence and congratulatory
22 resolutions, shall be considered under the proper order of
23 business on the same day as introduced or within two legislative
24 days thereafter without being referred to committee.
25 The Speaker shall report to the House the committees to which
26 resolutions have been referred, either on the day introduced or
27 received or the next two legislative days the House is in
28 session.
29 A resolution introduced in the House and referred to
30 committee shall be printed and placed in the House files.
20070H0108R0814 - 40 -
1 When a resolution (House or Senate) is reported from
2 committee, it shall be placed on the calendar and may be called
3 up by a member for consideration by the House under the order of
4 business of resolutions. A House resolution other than a
5 concurrent or joint resolution shall be adopted by a majority of
6 the members voting.
7 RULE 36
8 Privileged Resolutions
9 Resolutions privileged for the immediate consideration of the
10 House are those:
11 (1) Recalling from or returning bills to the Governor.
12 (2) Recalling from or returning bills to the Senate.
13 (3) Originated by the Committee on Rules.
14 (4) Providing for a Joint Session of the Senate and House
15 and its procedure.
16 (5) Placing bills negatived by committees on the calendar.
17 (6) Adjournment or recess.
18 RULE 37
19 Legislative Citation
20 A member making a request that a Legislative Citation be
21 issued to a particular person or on a specified occasion shall
22 provide the Legislative Reference Bureau with the facts
23 necessary for the preparation of the citation on a suitable
24 form.
25 The citation request shall be filed with the Chief Clerk and
26 automatically referred to the Speaker who may approve and sign
27 such citation on behalf of the House of Representatives.
28 One original citation shall be issued by the Chief Clerk.
29 RULE 38
30 Sine Die and Final Introduction of Bills
20070H0108R0814 - 41 -
1 Resolutions fixing the time for adjournment of the General
2 Assembly sine die and the last day for introduction of bills in
3 the House shall be referred to the Committee on Rules before
4 consideration by the House.
5 During the period of time between a general election and the
6 adjournment of the House of Representatives sine die, Rule 77
7 may not be invoked to suspend Rule 21 or any part of this rule.
8 RULE 39
9 Petitions, Remonstrances and Memorials
10 Petitions, remonstrances, memorials and other papers
11 presented by a member shall be signed, dated and filed with the
12 Chief Clerk to be [by him] handed to the Speaker for reference
13 to appropriate committees.
14 The Speaker shall report to the House the committees to which
15 petitions, remonstrances, memorials and other papers have been
16 referred, not later than the next day the House is in session
17 following the day of filing.
18 RULE 40
19 Messages
20 Messages from the Senate and communications from the Governor
21 shall be received and read in the House within one legislative
22 day thereafter.
23 All House and Senate bills shall be delivered to the Senate
24 with appropriate messages no later than the close of the next
25 legislative day of the Senate which follows the fifth
26 legislative day after which the House acted on such bill.
27 All House bills returned by the Senate after final passage
28 therein without amendment, and all conference committee reports
29 on House bills received from the Senate and adopted by the
30 House, shall be signed by the Speaker within one legislative day
20070H0108R0814 - 42 -
1 after receipt or adoption, respectively, and shall be delivered
2 to the Senate before the close of the next legislative day of
3 the Senate.
4 All House bills and all conference committee reports on House
5 bills signed by the Speaker shall be delivered to the Governor
6 within 24 hours after return from the Senate with the signature
7 of the appropriate Senate officer.
8 RULE 41
9 Kind and Rank of Committee
10 The Committees of the House shall be of four kinds and rank
11 in the order named:
12 (1) Committee of the Whole House.
13 (2) Standing Committees.
14 (3) Select Committees.
15 (4) Conference Committees.
16 RULE 42
17 Committee of the Whole
18 The House may resolve itself into a Committee of the Whole at
19 any time on the motion of a member adopted by a majority vote of
20 the House.
21 In forming the Committee of the Whole, the Speaker shall
22 leave the chair, after appointing a [Chairman] Chair to preside.
23 The rules of the House shall be observed in the Committee of
24 the Whole as far as applicable, except that a member may speak
25 more than once on the same question.
26 A motion to adjourn, to lay on the table, or for the previous
27 question cannot be put in the Committee of the Whole; but a
28 motion to limit or close debate is permissible.
29 A motion that the Committee of the Whole "do now rise and
30 report back to the House," shall always be in order, and shall
20070H0108R0814 - 43 -
1 be decided without debate.
2 Amendments made in the Committee of the Whole shall not be
3 read when the Speaker resumes the Chair, unless so ordered by
4 the House.
5 RULE 43
6 Standing Committees and Subcommittees
7 The Committee on Committees shall consist of the Speaker and
8 15 members of the House, ten of whom shall be members of the
9 majority party and five of whom shall be members of the minority
10 party, whose duty shall be to recommend to the House the names
11 of members who are to serve on the standing committees of the
12 House. Except for the Speaker, the Majority and Minority
13 Leaders, Whips, Caucus [Chairmen] Chairs, Caucus Secretaries,
14 Caucus Administrators, Policy [Chairmen] Chairs and the
15 [chairmen] chairs and minority [chairmen] chairs of standing
16 committees, each member shall be entitled to serve on not less
17 than two standing committees.
18 The Speaker shall appoint the [chairman] chair and [vice-
19 chairman] vice-chair of each standing committee when such
20 standing committee has no standing subcommittees as prescribed
21 herein, except the Committee on Appropriations which shall also
22 have a [vice-chairman] vice-chair appointed by the Speaker; when
23 the standing committee has standing subcommittees, the Speaker
24 shall appoint a subcommittee [chairman] chair for each standing
25 subcommittee. The Speaker shall appoint a secretary for each
26 standing committee. The Minority Leader shall appoint the
27 minority [chairman] chair, minority [vice-chairman] vice-chair
28 and minority secretary of each standing committee and the
29 minority subcommittee [chairman] chair for each standing
30 subcommittee.
20070H0108R0814 - 44 -
1 Except for members who decline [a chairmanship] chair status
2 or minority [chairmanship] chair status in writing or who are
3 barred from serving as a [chairman] chair or minority [chairman]
4 chair under this rule, the [chairmanship] chair and minority
5 [chairmanship] chair of each standing committee except the
6 Appropriations Committee shall be limited only to the members of
7 the applicable caucus with the most seniority as members of
8 their respective caucus. Whenever there are more caucus members
9 with equal seniority than available [chairmanships] chairs or
10 minority [chairmanships] chairs for that caucus, the selection
11 of a [chairman] chair or minority [chairman] chair from among
12 such caucus members shall be in the discretion of the appointing
13 authority. The appointing authority may designate the standing
14 committee to which [he] the appointing authority shall appoint a
15 member as [chairman] chair or minority [chairman] chair without
16 regard to seniority. The Speaker and the Floor Leader, Whip,
17 Caucus [Chairman] Chair, Caucus Secretary, Caucus Administrator
18 and Policy [Chairman] Chair of the majority party and minority
19 party shall not be eligible to serve as [chairman] chair or
20 minority [chairman] chair of any standing committee and no
21 member may serve as [chairman] chair or minority [chairman]
22 chair of more than one standing committee.
23 Any [chairmanship] chair or minority [chairmanship] chair
24 held by a member who fails to meet the requirements of this rule
25 shall become vacant by automatic operation of this rule. If the
26 appointing authority fails to make an appointment of a
27 [chairman] chair or minority [chairman] chair prior to the
28 organizational meeting of a standing committee or fails to fill
29 a vacancy within seven calendar days after it occurs, such
30 position shall be deemed to remain vacant in violation of this
20070H0108R0814 - 45 -
1 rule. Whenever a [chairmanship] chair or minority [chairmanship]
2 chair becomes vacant or remains vacant in violation of this
3 rule, the member of the applicable caucus who meets the
4 requirements of this rule shall automatically fill the vacancy
5 and, if there are two or more such eligible caucus members for
6 any such vacancy or vacancies, they shall be filled from among
7 such eligible members through a lottery to be conducted under
8 the supervision of the Chief Clerk after giving notice of the
9 time and place thereof to all eligible members, to the Speaker,
10 to the Majority Leader and to the Minority Leader.
11 Nothing in this rule shall prohibit the appointing authority
12 from transferring a member from the [chairmanship] chair or
13 minority [chairmanship] chair of a standing committee to the
14 [chairmanship] chair or minority [chairmanship] chair of another
15 standing committee.
16 Whenever the appointment of a [chairman] chair or minority
17 [chairman] chair will cause the applicable caucus to exceed its
18 permissible allocation of members on a standing committee, the
19 appointing authority shall make a temporary transfer of an
20 eligible committee member to the standing committee vacated by
21 the member appointed as [chairman] chair or minority [chairman]
22 chair until a regular committee appointment can be made in
23 accordance with the rules of the House. If the Speaker or
24 Minority Leader fails to make a temporary transfer within seven
25 calendar days after such appointment, the committee member with
26 the least seniority, who is eligible for transfer, shall be
27 automatically transferred to the committee vacated by the newly
28 appointed [chairman] chair or minority [chairman] chair and, if
29 more than one committee member is eligible for such transfer,
30 the transfer shall be implemented through a lottery conducted
20070H0108R0814 - 46 -
1 under the supervision of the Chief Clerk.
2 The Speaker of the House, Floor Leader of the majority party
3 and the Floor Leader of the minority party shall be ex-officio
4 members of all standing committees, without the right to vote
5 and they shall be excluded from any limitation as to the number
6 of members on the committees or in counting a quorum.
7 Twenty-four standing committees of the House, each to consist
8 of 29 members except the Committee on Appropriations, which
9 shall consist of 35 members, are hereby created. In addition,
10 there are hereby created 43 standing subcommittees.
11 All standing committees shall consist of 16 members of the
12 majority party and 13 members of the minority party, except the
13 Committee on Appropriations which shall consist of 21 members of
14 the majority party and 14 members of the minority party. The
15 quorum for each of the standing committees and subcommittees
16 shall be no less than the majority of said committees. The
17 following are the standing committees and subcommittees thereof:
18 (1) Aging and Older Adult Services
19 (a) Subcommittee on Care and Services
20 (b) Subcommittee on Programs and Benefits
21 (2) Agriculture and Rural Affairs
22 (3) Appropriations
23 (a) Subcommittee on Health and Welfare
24 (b) Subcommittee on Education
25 (c) Subcommittee on Economic Impact and Infrastructure
26 (d) Subcommittee on Fiscal Policy
27 (4) Children and Youth
28 (5) Commerce
29 (a) Subcommittee on Financial Services and Banking
30 (b) Subcommittee on Housing
20070H0108R0814 - 47 -
1 (c) Subcommittee on Economic Development
2 (D) SUBCOMMITTEE ON SMALL BUSINESS <--
3 (6) Consumer Affairs
4 (a) Subcommittee on Public Utilities
5 (b) Subcommittee on Telecommunications
6 (7) Education
7 (a) Subcommittee on Basic Education
8 (b) Subcommittee on Higher Education
9 (c) Subcommittee on Special Education
10 (8) Environmental Resources and Energy
11 (a) Subcommittee on Energy
12 (b) Subcommittee on Mining
13 (c) Subcommittee on Parks and Forests
14 (9) Finance
15 (10) Game and Fisheries
16 [(10.1)] (11) Gaming Oversight
17 [(11)] (12) Health and Human Services
18 (a) Subcommittee on Health
19 (b) Subcommittee on Human Services
20 (c) Subcommittee on Drugs and Alcohol
21 [(12)] (13) Insurance
22 [(13)] (14) Judiciary
23 (a) Subcommittee on Crime and Corrections
24 (b) Subcommittee on Courts
25 (c) Subcommittee on Family Law
26 [(14)] (15) Intergovernmental Affairs
27 (a) Subcommittee on Information Technology
28 (b) Subcommittee on Federal-State Relations
29 [(15)] (16) Labor Relations
30 [(16)] (17) Liquor Control
20070H0108R0814 - 48 -
1 (a) Subcommittee on Licensing
2 (b) Subcommittee on Marketing
3 [(17)] (18) Local Government
4 (a) Subcommittee on Boroughs
5 (b) Subcommittee on Counties
6 (c) Subcommittee on Townships
7 [(18)] (19) Professional Licensure
8 [(19)] (20) State Government
9 [(20)] (21) Tourism and Recreational Development
10 (a) Subcommittee on Arts and Entertainment
11 (b) Subcommittee on Recreation
12 (c) Subcommittee on Travel Promotion
13 [(21)] (22) Transportation
14 (a) Subcommittee on Highways
15 (b) Subcommittee on Public Transportation
16 (c) Subcommittee on Transportation Safety
17 (d) Subcommittee on Aviation
18 (e) Subcommittee on Railroads
19 [(22)] (23) Urban Affairs
20 (a) Subcommittee on Cities, Counties - First Class
21 (b) Subcommittee on Cities, Counties - Second Class
22 (c) Subcommittee on Cities, Third Class
23 [(23)] (24) Veterans Affairs and Emergency Preparedness
24 (a) Subcommittee on Military and Veterans Facilities
25 (b) Subcommittee on Security and Emergency Response
26 Readiness
27 RULE 44
28 Organization of Standing Committees
29 and Subcommittees
30 The membership of each standing committee shall first meet
20070H0108R0814 - 49 -
1 upon the call of its [chairman] chair and perfect its
2 organization. A majority of the members to which each standing
3 committee is entitled shall constitute a quorum for it to
4 proceed to business. Each standing committee shall have the
5 power to promulgate rules not inconsistent with these rules
6 which may be necessary for the orderly conduct of its business.
7 Where a standing committee has standing subcommittees as
8 prescribed by Rule 43, the membership on such standing
9 subcommittees shall be appointed by the Committee on Committees
10 after consultation with each [chairman] chair of a standing
11 committee of which the standing subcommittee is a part. Each
12 standing subcommittee shall consist of the [chairman] chair of
13 its parent standing committee, as an ex-officio member, the
14 [chairman] chair of the standing subcommittee, and five other
15 members from the parent standing committee to be appointed by
16 the Committee on Committees, three from among the majority party
17 after consultation with the Majority Leader and two from among
18 the minority party after consultation with the Minority Leader.
19 Where it is deemed advisable that the membership of any standing
20 subcommittee be of greater number than that prescribed herein,
21 the Committee on Committees may appoint additional members of
22 the standing committee from the majority or minority party to
23 serve on such standing subcommittee. The number of additional
24 members selected should be such as to maintain, as far as is
25 practicable, a ratio in majority and minority party membership
26 which affords a fair and reasonable representation to the
27 minority party on the standing subcommittee.
28 The [chairman] chair and the minority [chairman] chair of
29 each standing committee shall be ex-officio members of each
30 standing subcommittee which is part of the parent standing
20070H0108R0814 - 50 -
1 committee, with the right to attend standing subcommittee
2 meetings and vote on any matter before such standing
3 subcommittee.
4 A majority of the members of each standing subcommittee shall
5 constitute a quorum for the proper conduct of its business. Each
6 standing subcommittee may promulgate such rules necessary for
7 the conduct of its business which are not inconsistent with the
8 rules of its parent standing committee or the Rules of the
9 House.
10 When the [chairman] chair of a standing committee has
11 referred a bill, resolution or other matter to a standing
12 subcommittee, the power and control over such bill, resolution
13 or other matter shall then reside in such subcommittee for a
14 reasonable period of time thereafter in order that such
15 subcommittee may consider the bill, resolution or other matter
16 and return the same to its standing committee with its
17 recommendations as to the action which ought to be taken on such
18 bill, resolution or other matter.
19 Each standing subcommittee, within a reasonable time after it
20 has received a bill, resolution or other matter, shall meet as a
21 committee for the purpose of considering the same and returning
22 the bill, resolution or other matter back to its parent standing
23 committee with a subcommittee report as to what action it
24 recommends. The report of the subcommittee on a bill, resolution
25 or other matter being returned to the standing committee shall
26 contain one of the following recommendations:
27 (1) that the bill, resolution or other matter in its present
28 form be reported to the House,
29 (2) that the bill, resolution, or other matter not be
30 reported to the House,
20070H0108R0814 - 51 -
1 (3) that the bill, resolution or other matter be reported to
2 the House, with recommendations for amendments,
3 (4) that the bill, resolution or other matter is returned
4 without recommendations.
5 When a standing committee receives reports from its
6 subcommittees, it shall consider the same and by majority vote
7 of the members of the standing committee either approve or
8 disapprove such report. If disapproved, the standing committee
9 may then determine by a majority vote of its members what
10 further action, if any, should be taken on such bill, resolution
11 or other matter.
12 Where no action has been taken by a standing subcommittee on
13 a bill, resolution or other matter referred to it, and the
14 [chairman] chair of the standing committee considers that such
15 subcommittee has had reasonable time to consider the bill,
16 resolution or other matter and return the same to its parent
17 standing committee, the subcommittee [chairman] chair shall then
18 forthwith surrender and forward the same, together with all
19 documents or papers pertaining thereto, to the standing
20 committee.
21 In the event that a [chairman] chair of a standing committee
22 is absent, the following rules shall apply:
23 (1) If such standing committee has no subcommittee
24 prescribed by [Rule 44] THIS RULE, the [vice-chairman] vice- <--
25 chair of the standing committee shall act as [chairman] chair of
26 the committee meetings.
27 (2) If such standing committee has only one subcommittee,
28 the subcommittee [chairman] chair shall act as [chairman] chair
29 of the standing committee.
30 (3) If the standing committee has more than one
20070H0108R0814 - 52 -
1 subcommittee, the subcommittee [chairman] chair with the longest
2 consecutive legislative service shall act as [chairman] chair of
3 the standing committee, except where the subcommittee [chairmen]
4 chairs have equal legislative service, in which case the Speaker
5 of the House shall designate one of the subcommittee [chairmen]
6 chairs to act as [chairman] chair of the standing committee.
7 In case of absence of a subcommittee [chairman] chair, the
8 [chairman] chair of the appropriate standing committee shall
9 designate one member from either the standing committee or
10 subcommittee to act as [chairman] chair of the subcommittee.
11 RULE 45
12 Powers and Duties of Standing Committees
13 and Subcommittees
14 The [chairman] chair of each standing committee and
15 subcommittee shall fix regular weekly, biweekly or monthly
16 meeting days for the transaction of business before the
17 committee or subcommittee. The [chairman] chair of the committee
18 or subcommittee shall notify all members, at least 24 hours in
19 advance of the date, time and place of regular meetings, and,
20 insofar as possible, the subjects on the agenda. In addition to
21 regular meetings, special meetings may be called from time to
22 time by the [chairman] chair of the committee or subcommittee as
23 they deem necessary. No recess or combination of recesses shall
24 exceed 48 hours for any committee meeting or subcommittee
25 meeting. No committee shall meet during any session of the House
26 without first obtaining permission of the Speaker. During any
27 such meeting, no vote shall be taken on the Floor of the House
28 on any amendment, recommittal motion, final passage of any bill,
29 or any other matter requiring a roll call vote. Any committee
30 meeting called off the Floor of the House shall meet in a
20070H0108R0814 - 53 -
1 committee room. In addition to the specific provisions of this
2 [Rule 45] RULE, all provisions of 65 Pa.C.S. Ch. 7 (relating to <--
3 open meetings) relative to notice of meetings shall be complied
4 with.
5 At regularly scheduled meetings, or upon the call of the
6 [chairman] chair, or subcommittee [chairman] chair, for special
7 meetings, the membership of such committees shall meet to
8 consider any bill, resolution, or other matter on the agenda.
9 The secretary of each standing committee, or in case of
10 subcommittees a secretary designated by the subcommittee
11 [chairman] chair, shall record:
12 (1) the minutes of the meeting,
13 (2) all votes taken,
14 (3) a roll or attendance of members at standing committee or
15 subcommittee meetings showing the names of those present, absent
16 or excused from attendance, and the majority and minority
17 [chairmen] chairs or their designees shall verify by their
18 signatures all votes taken and the roll or attendance of those
19 members present, absent or excused before said records are
20 submitted to the Chief Clerk, and
21 (4) dispatch of bills and resolutions before the committee.
22 Such records shall be open to public inspection. On the first
23 legislative day of each week the House is in session, the
24 [chairman] chair of each standing committee shall submit to the
25 Chief Clerk for inclusion in the House Journal only, the roll or
26 record of attendance of members at standing committee or
27 subcommittee meetings held prior thereto and not yet reported,
28 along with the record of all votes taken at such meetings. All
29 reports from standing committees shall be prepared in writing by
30 the secretary of the committee. Members of a standing committee
20070H0108R0814 - 54 -
1 may prepare in writing and file a minority report, setting forth
2 the reasons for their dissent. Such committee reports shall be
3 filed with the Chief Clerk within five days of the meeting. All
4 meetings at which formal action is taken by a standing committee
5 or subcommittee shall be open to the public, making such reports
6 as are required under Rule 44. When any member, except for an
7 excused absence, fails to attend five consecutive regular
8 meetings of his or her committee, the [chairman] chair of that
9 committee or subcommittee shall notify [him] the member of that
10 fact and, if the member in question fails to reasonably justify
11 [his] absences to the satisfaction of a majority of the
12 membership of the standing committee of which he or she is a
13 member, [his] membership on the committee or subcommittee shall
14 be deemed vacant and the [chairman] chair of the standing
15 committee shall notify the Speaker of the House to that effect.
16 Such vacancy shall then be filled in the manner prescribed by
17 these rules.
18 Whenever the [chairman] chair of any standing committee shall
19 refuse to call a regular meeting, then a majority of the members
20 of the standing committee may vote to call a meeting by giving
21 two days written notice to the Speaker of the House, setting the
22 time and place for such meeting. Such notice shall be read in
23 the House and the same posted by the Chief Clerk in the House
24 Chamber. Thereafter, the meeting shall be held at the time and
25 place specified in the notice. In addition, all provisions of 65
26 Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of
27 meetings shall be complied with.
28 Records, bills and other papers in the possession of
29 committees and subcommittees, upon final adjournment of the
30 House shall be filed with the Chief Clerk.
20070H0108R0814 - 55 -
1 No committee report, except a report of the Appropriations
2 Committee, shall be recognized by the House, unless the same has
3 been acted upon by a majority vote of the members of a standing
4 committee present at a committee session actually assembled and
5 meeting as a committee, provided such majority vote numbers at
6 least 15 members, and provided further a quorum is present. No
7 committee report of the Appropriations Committee shall be
8 recognized by the House, unless the same has been acted upon by
9 a majority vote of the members of such committee present at a
10 committee session actually assembled and meeting as a committee,
11 provided such majority vote numbers at least 18 members, and
12 provided further a quorum is present.
13 No proxy voting shall be permitted in committee, except as
14 provided for herein. If a member reports to a scheduled
15 committee meeting and advises the [chairman] chair and other
16 members of a conflicting committee meeting or other legislative
17 meeting which he or she must attend on the same day, the member
18 is authorized to give the [chairman] chair or minority
19 [chairman] chair his or her proxy in writing which shall be
20 valid only for that day and which shall include written
21 instructions for the exercise of such proxy by the [chairman]
22 chair or minority [chairman] chair during the meeting. The
23 member should also advise the [chairman] chair where he or she
24 can be reached. In the event the conflicting committee meeting
25 or other legislative meeting is scheduled to convene at the same
26 time or prior to the meeting at which a member desires to vote
27 by proxy, such proxy shall be delivered by the member in person
28 to the offices of both the [chairman] chair and minority
29 [chairman] chair prior to, but on the same day as, the
30 conflicting meetings.
20070H0108R0814 - 56 -
1 When the majority of the members of a standing committee
2 believe that a certain bill or resolution in the possession of
3 the standing committee should be considered and acted upon by
4 such committee, they may request the [chairman] chair to include
5 the same as part of the business of a committee meeting. Upon
6 failure of the [chairman] chair to comply with such request, the
7 membership may require that such bill be considered by written
8 motion made and approved by a majority vote of the entire
9 membership to which such committee is entitled.
10 Whenever the phrase "majority of members of a standing
11 committee or subcommittee" is used in these rules, it shall mean
12 majority of the entire membership to which a standing committee
13 or subcommittee is entitled, unless the context thereof
14 indicates a different intent.
15 To assist the House in appraising the administration of the
16 laws and in developing such amendments or related legislation as
17 it may deem necessary, each standing committee or subcommittee
18 of the House shall exercise continuous watchfulness of the
19 execution by the administrative agencies concerned of any laws,
20 the subject matter of which is within the jurisdiction of such
21 committee or subcommittee; and, for that purpose, shall study
22 all pertinent reports and data submitted to the House by the
23 agencies in the executive branch of the Government.
24 The Committee on Appropriations shall not have the power to <--
25 amend a bill which has been reported by another committee with
26 the exception of amendments concerning appropriations.
27 The Committee on Appropriations shall have the power to issue
28 subpoenas under the hand and seal of its [chairman] chair
29 commanding any person to appear before it and answer questions
30 touching matters properly being inquired into by the committee,
20070H0108R0814 - 57 -
1 which matters shall include data from any fund administered by
2 the Commonwealth, and to produce such books, papers, records,
3 documents and data and information produced and stored by any
4 electronic data processing system as the committee deems
5 necessary. Such subpoenas may be served upon any person and
6 shall have the force and effect of subpoenas issued out of the
7 courts of this Commonwealth. Any person who willfully neglects
8 or refuses to testify before the committee or to produce any
9 books, papers, records, documents or data and information
10 produced and stored by any electronic data processing system
11 shall be subject to the penalties provided by the laws of the
12 Commonwealth in such case. Each member of the committee shall
13 have power to administer oaths and affirmations to witnesses
14 appearing before the committee. The committee may also cause the
15 deposition of witnesses either residing within or without the
16 State to be taken in the manner prescribed by law for taking
17 depositions in civil actions.
18 RULE 46
19 Committee on Rules
20 The Committee on Rules shall consist of the Speaker, the
21 Majority Leader, the Majority Whip, the Minority Leader, the
22 Minority Whip, the Majority Appropriations [Chairman] Chair, the
23 Minority Appropriations [Chairman] Chair, 12 members of the
24 majority party appointed by the Speaker, and ten members of the
25 minority party appointed by the Minority Leader. The Majority
26 Leader shall be [chairman] chair.
27 The committee shall make recommendations designed to improve
28 and expedite the business and procedure of the House and its
29 committees, and to propose to the House any amendments to the
30 Rules deemed necessary. The committee shall also do all things
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1 necessary to fulfill any assignment or duty given to the
2 committee by any resolution, or other rule of the House of
3 Representatives.
4 The committee shall be privileged to report at any time.
5 The committee shall, until or unless superseded by law, adopt
6 guidelines for the expenditure of all funds appropriated to the
7 House or to any member or nonmember officer by any appropriation
8 act.
9 Such guidelines shall include a detailed statement of the
10 general and specific purposes for which the funds from that
11 appropriation account may be used, as well as uniform standards
12 of required documentation, accounting systems and record keeping
13 procedures.
14 Except as expressly provided in Rule 30 or this rule, the
15 committee shall not have the power to amend any bill or joint
16 resolution.
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] chair, vice [chairman] chair and
29 secretary for the committee. The [chairman] chair shall be a
30 member of the majority party and the vice [chairman] chair shall
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1 be a member of the minority party.
2 The [chairman] chair shall notify all members of the
3 committee at least 24 hours in advance of the date, time and
4 place of a regular meeting. Whenever the [chairman] chair shall
5 refuse to call a regular meeting, a majority of the committee
6 may vote to call a meeting by giving two days' written notice to
7 the Speaker of the House setting forth the time and place for
8 such meeting. Such notice shall be read in the House and posted
9 in the House Chamber by the Chief Clerk, or [his] a designee.
10 Thereafter, the meeting shall be held at the time and place
11 specified in such notice.
12 The committee shall conduct its investigations, hearings and
13 meetings relating to a specific investigation or a specific
14 member, officer or employee of the House in closed session and
15 the fact that such investigation is being conducted or to be
16 conducted or that hearings or such meetings are being held or
17 are to be held shall be confidential information unless the
18 person subject to investigation advises the committee in writing
19 that he or she elects that such hearings shall be held publicly.
20 In the event of such an election, the committee shall furnish
21 such person a public hearing. All other meetings of the
22 committee shall be open to the public.
23 The committee shall receive complaints against members,
24 officers and employees of the House, and persons registered or
25 carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating
26 to lobbying disclosure), alleging illegal or unethical conduct.
27 Any such complaint must be in writing verified by the person
28 filing the complaint and must set forth in detail the conduct in
29 question and the section of the "Legislative Code of Ethics,"
30 the provision of 65 Pa.C.S Ch. 13A or the House rule violated.
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1 The committee shall make a preliminary investigation of the
2 complaint, and if it is determined by a majority of the
3 committee that a violation of the rule or law may have occurred,
4 the person against whom the complaint has been brought shall be
5 notified in writing and given a copy of the complaint. Within 15
6 days after receipt of the complaint, such person may file a
7 written answer thereto with the committee. Upon receipt of the
8 answer, by vote of a majority of the committee, the committee
9 shall either dismiss the complaint within ten days or proceed
10 with a formal investigation, to include hearings, not less than
11 ten days nor more than 30 days after notice in writing to the
12 persons so charged. Failure of the person charged to file an
13 answer shall not be deemed to be an admission or create an
14 inference or presumption that the complaint is true, and such
15 failure to file an answer shall not prohibit a majority of the
16 committee from either proceeding with a formal investigation or
17 dismissing the complaint.
18 A majority of the committee may initiate a preliminary
19 investigation of the suspected violation of a Legislative Code
20 of Ethics or House rule by a member, officer or employee of the
21 House or lobbyist. If it is determined by a majority of the
22 committee that a violation of a rule or law may have occurred,
23 the person in question shall be notified in writing of the
24 conduct in question and the section of the "Legislative Code of
25 Ethics," the provision of 65 Pa.C.S. Ch. 13A or the House rule
26 violated. Within 15 days, such person may file a written answer
27 thereto. Upon receipt of the answer, by vote of a majority of
28 the committee, the committee shall either dismiss the charges
29 within ten days or proceed with a formal investigation, to
30 include hearings, not less than ten days nor more than 30 days
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1 after notice in writing to the person so charged. Failure of the
2 person charged to file an answer shall not be deemed to be an
3 admission or create an inference or presumption that the charge
4 is true, and such failure to file an answer shall not prohibit a
5 majority of the committee from either proceeding with a formal
6 investigation or dismissing the charge.
7 In the event that the committee shall elect to proceed with a
8 formal investigation of the conduct of any member, officer or
9 employee of the House, the committee shall employ independent
10 counsel who shall not be employed by the House for any other
11 purpose or in any other capacity during such investigation.
12 All constitutional rights of any person under investigation
13 shall be preserved, and such person shall be entitled to present
14 evidence, cross-examine witnesses, face his or her accuser, and
15 be represented by counsel.
16 The [chairman] chair may continue any hearing for reasonable
17 cause, and upon the vote of a majority of the committee or upon
18 the request of the person subject to investigation, the
19 [chairman] chair shall issue subpoenas for the attendance and
20 testimony of witnesses and the production of documentary
21 evidence relating to any matter under formal investigation by
22 the committee. The committee may administer oaths or
23 affirmations and examine and receive evidence.
24 All testimony, documents, records, data, statements or
25 information received by the committee in the course of any
26 investigation shall be private and confidential except in the
27 case of public hearings or in a report to the House. No report
28 shall be made to the House unless a majority of the committee
29 has made a finding of unethical or illegal conduct on the part
30 of the person under investigation. No finding of unethical or
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1 illegal conduct shall be valid unless signed by at least a
2 majority of the committee. Any such report may include a
3 minority report. No action shall be taken on any finding of
4 illegal or unethical conduct nor shall such finding or report
5 containing such finding be made public sooner than seven days
6 after a copy of the finding is sent by certified mail to the
7 member, officer or employee under investigation.
8 The committee may meet with a committee of the Senate to hold
9 investigations or hearings involving employees of the two houses
10 jointly or officers or employees of the Legislative Reference
11 Bureau, the Joint State Government Commission, the Local
12 Government Commission, the Legislative Budget and Finance
13 Committee and the Legislative Data Processing Committee;
14 provided, however, that no action may be taken at a joint
15 meeting unless it is approved by a majority of the committee.
16 In the event that a member of the committee shall be under
17 investigation, such member shall be temporarily replaced on the
18 committee in a like manner as said member's original
19 appointment.
20 The committee, whether or not at the request of a member,
21 officer or employee concerned about an ethical problem relating
22 to [himself] the member, officer or employee alone or in
23 conjunction with others, may render advisory opinions with
24 regard to questions pertaining to legislative ethics or decorum.
25 Such advisory opinions, with such deletions and changes as shall
26 be necessary to protect the identity of the persons involved or
27 seeking them, may be published and shall be distributed to all
28 the members of the House.
29 Any member of the committee breaching the confidentiality of
30 materials and events as set forth in this rule shall be removed
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1 immediately from the committee and replaced by another member of
2 the House in a like manner as said member's original
3 appointment.
4 The committee may adopt rules of procedure for the orderly
5 conduct of its affairs, investigations, hearings and meetings,
6 which rules are not inconsistent with this rule.
7 The committee shall continue to exist and have authority and
8 power to function after the sine die adjournment of the General
9 Assembly and shall so continue until the expiration of the then
10 current term of office of the members of the committee.
11 RULE 47 (a)
12 Status of Members Indicted or Convicted of a Crime
13 When an indictment is returned OR A CHARGE IS FILED BEFORE A <--
14 COURT OF RECORD against a member of the House, and the gravamen
15 of the indictment OR CHARGE is directly related to the member's <--
16 conduct as a committee chair or ranking minority committee
17 member or in a position of leadership or is one which would
18 render the member ineligible to the General Assembly under
19 section 7 of Article II of the Constitution of Pennsylvania, the
20 member shall be relieved of committee chair status, ranking
21 minority committee member status or leadership position until
22 the indictment OR CHARGE is disposed of, but the member shall <--
23 otherwise continue to function as a Representative, including
24 voting, and shall continue to be paid.
25 If, during the same legislative session, the indictment OR <--
26 CHARGE is quashed, DISMISSED OR WITHDRAWN, or the court finds <--
27 that the member is not guilty of the offense alleged, the member
28 shall immediately be restored to committee chair status, ranking
29 minority committee member status or the leadership position
30 retroactively from which he or she was suspended.
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1 Upon a finding or verdict of guilt by a judge or jury, plea
2 or admission of guilt or plea of nolo contendere of a member of
3 the House of a crime, the gravamen of which relates to the
4 member's conduct as a Representative or which would render the
5 member ineligible to the General Assembly under section 7 of
6 Article II of the Constitution of Pennsylvania, and upon
7 imposition of sentence, the Parliamentarian of the House shall
8 prepare a resolution of expulsion under the sponsorship of the
9 Chair and Vice-Chair of the House Ethics Committee. The
10 resolution shall be printed and placed on the calendar for the
11 next day of House session.
12 RULE 47 (b) <--
13 Status of Officers or Employees Indicted or Convicted
14 of a Crime
15 Whenever any officer or employee of the House is indicted or
16 otherwise charged before a court of record with the commission
17 of a felony or a misdemeanor the gravamen of which relates to
18 the officer's or employee's conduct or status as an officer or
19 employee of the Commonwealth or the disposition of public funds,
20 such employee shall immediately be suspended without pay and
21 benefits by the Chief Clerk. After a finding or a verdict of
22 guilt by a judge or a jury, plea or admission of guilt, or plea
23 of nolo contendere, and upon imposition of sentence, the
24 employment shall be terminated.
25 If the indictment is quashed, or the court finds that the
26 officer or employee is not guilty of the offense alleged, the
27 suspension without pay shall be terminated, and the officer or
28 employee shall receive compensation for the period of time
29 during which the officer or employee was suspended, which
30 compensation shall be reduced by the amount of any compensation
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1 the officer or employee earned from other employment during the
2 period of suspension.
3 If the officer or employee or the supervising member of the
4 employee disagrees with the decision of the Chief Clerk as to
5 whether an indictment for particular conduct shall be a crime
6 requiring suspension or dismissal, the officer or employee in
7 question or the supervising member may appeal the suspension to
8 the House Ethics Committee, which shall determine whether the
9 conduct charged is an offense requiring suspension. Whenever an
10 appeal of a suspension shall be taken to the committee, the
11 suspension shall remain effective pending a decision by the
12 committee.
13 RULE 48
14 Conference Committee
15 All Committees of Conference shall be appointed by the
16 Speaker and shall be composed of three members, two of whom
17 shall be selected from the majority party and one from the
18 minority party.
19 The conferees shall confine themselves to the differences
20 which exist between the House and Senate.
21 The presentation of reports of Committees of Conference shall
22 be in order after having been signed by a majority of members of
23 the committee of each House.
24 Consideration of a report of a Committee of Conference by the
25 House shall be in order when it has been printed, placed on the
26 desks of the members and listed on the calendar.
27 RULE 49
28 Committee Action
29 Whenever a bill, resolution or other matter has been referred
30 by the Speaker of the House to a standing committee, and such
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1 committee has one or more standing subcommittees, the [chairman]
2 chair of the standing committee may either refer it to an
3 appropriate subcommittee or retain it for consideration by the
4 entire standing committee. If it is retained, such standing
5 committee shall have full power and control over such bill,
6 resolution or other matter, except that such committee shall not
7 change the subject nor any amendments adopted by the House.
8 Where the [chairman] chair of the standing committee refers such
9 bill, resolution, or matter to a subcommittee, such
10 subcommittee, except as hereinafter provided, shall have full
11 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 After a bill is reported out of committee, all committee
22 votes taken with respect to the bill shall be posted on the
23 Internet as soon as practicable.
24 RULE 50
25 Public Hearings
26 Each standing committee, subcommittee or select committee to
27 which a proposed bill, resolution or any matter is referred
28 shall have full power and authority to study said bill,
29 resolution or other matter before it, as such committee, shall
30 determine is necessary to enable it to report properly to the
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1 House thereon. To this end, a standing committee, subcommittee,
2 or select committee, may as hereinafter provided, conduct public
3 hearings. No standing committee, subcommittee or select
4 committee shall hold any public hearings without prior approval
5 by a majority vote of the members of the standing committee and
6 the Speaker or the Majority Leader of the House. The Speaker or
7 the Majority Leader of the House shall withhold approval of
8 public hearings based only on budgetary consideration.
9 When a public hearing has been authorized as aforesaid, the
10 [chairman] chair of the standing committee, subcommittee
11 [chairman] chair, or select committee [chairman] chair as the
12 case may be, shall instruct the Chief Clerk to give written
13 notice thereof to each House Member not less than five calendar
14 days before the proposed hearings and post the same in or
15 immediately adjacent to the House Chambers. Such notice, which
16 shall contain the day, hour and place of the hearing and the
17 number or numbers of bills or other subject matter to be
18 considered at such hearing, shall also be given the supervisor
19 of the news room, and to the news media. In addition, all
20 provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings),
21 relative to notice of meetings shall be complied with.
22 Public hearings held by a standing committee shall be chaired
23 by the [chairman] chair of such committee, unless absent, in
24 which case an acting [chairman] chair shall be selected in the
25 manner prescribed by these rules to serve [in his stead]. Public
26 hearings held by standing subcommittees shall be chaired by the
27 subcommittee [chairman] chair thereof, but the [chairman] chair
28 of the parent standing committee, as an ex-officio member of the
29 subcommittee, shall have the right to attend and participate in
30 the hearing proceedings. In the absence of the subcommittee
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1 [chairman] chair, an acting [chairman] chair shall be appointed
2 in the manner prescribed by these rules.
3 All public hearings shall be open to the public and
4 reasonable opportunity to be heard shall be afforded to all
5 interested parties who have requested an appearance before the
6 committee. In addition, it shall be the responsibility of the
7 committee in conducting its hearing to request the presentation
8 of testimony by any person who, in the opinion of the committee,
9 is qualified to present pertinent and important testimony.
10 Such committee shall, so far as practicable, request all
11 witnesses appearing before it to file written statements of
12 their proposed testimony. The [chairman] chair shall have the
13 right to fix the order of appearance and the time to be allotted
14 to witnesses. Witnesses may submit brief pertinent statements in
15 writing for inclusion in the record. The committee is the sole
16 judge of the pertinency of testimony and evidence adduced at its
17 hearings.
18 The [chairman] chair, in presiding at such public hearings,
19 shall preserve order and decorum, in and adjacent to his
20 committee room while the hearing is being conducted and [he]
21 shall have the authority to direct the removal from the
22 committee room of any person who fails to comply with order and
23 decorum of the committee.
24 Proceedings of all public hearings shall be either
25 stenographically or electronically recorded. The committee shall
26 determine which parts of such recorded proceedings, if any,
27 shall be transcribed and the distribution thereof. Except as
28 hereinafter provided, no more than four copies of any transcript
29 shall be made. Such stenographic or electronic records and at
30 least one copy of any transcription shall be preserved by the
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1 Chief Clerk until [he is] authorized to dispose of same by an
2 affirmative vote of three-quarters of the entire membership of
3 the Rules Committee and shall be made available to any member
4 upon written request for the purpose of copying or transcription
5 at that member's expense. Any transcribed records and any
6 reports of the committee shall be filed with the Chief Clerk or
7 his designee and shall be made available to any person in
8 accordance with reasonable rules and regulations prescribed by
9 the Chief Clerk. Upon payment of a reasonable cost to be
10 determined by the Chief Clerk, a person may obtain a copy of
11 such transcribed records or reports.
12 All written testimony and all transcribed testimony at
13 committee hearings shall be posted on the Internet as soon
14 thereafter as practicable.
15 The Chief Clerk shall not make payment of any expenses
16 incurred as a result of a public hearing without the prior
17 written approval of the Speaker or the Majority Leader of the
18 House.
19 RULE 51
20 Investigations
21 Any standing committee, subcommittee or select committee,
22 upon resolution introduced and approved by majority vote of the
23 House, may be authorized and empowered to conduct hearings at
24 any place in the Commonwealth to investigate any matter provided
25 for in such resolution. When authorized by such a resolution,
26 such committee shall be empowered to issue subpoenas under the
27 hand and seal of the [chairman] chair thereof commanding any
28 person to appear before it and answer questions touching matters
29 properly being inquired into by the committee and produce such
30 books, papers, records, accounts, reports, and documents as the
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1 committee deems necessary. Such subpoenas may be served upon any
2 person and shall have the force and effect of subpoenas issued
3 out of the courts of this Commonwealth. Where any person
4 willfully neglects or refuses to comply with any subpoena issued
5 by the committee or refuses to testify before the committee on
6 any matter regarding which [he] the person may be lawfully
7 interrogated, it shall be the duty of the committee to report
8 such disobedience or refusal to the House of Representatives,
9 and such person shall be subject to the penalties provided by
10 the laws of the Commonwealth in such cases. All such subpoenaed
11 books, papers, records, accounts, reports, and documents shall
12 be returned to the person from whom such material was subpoenaed
13 when the committee has completed its examination of such
14 material, but in no event later than the date on which the
15 committee completes its investigation. Such material, or any
16 information derived therefrom not a part of public sessions of
17 the committee, shall not be turned over to any person or
18 authority without the consent of the person from whom such
19 material was subpoenaed. Each member of the committee shall have
20 power to administer oaths and affirmations to witnesses
21 appearing before the committee. The Sergeant-at-Arms of the
22 Legislature or other person designated by the committee shall
23 serve any subpoenas issued by the committee, when directed to do
24 so by the committee. The subpoena shall be addressed to the
25 witness, state that such proceeding is before a committee of the
26 House at which the witness is required to attend and testify at
27 a time and place certain and be signed by the [chairman] chair
28 of the committee commanding attendance of such witness. Mileage
29 and witness fees shall be paid to such witness in an amount
30 prescribed by law.
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1 The [chairman] chair of the investigative hearing shall call
2 the committee to order and announce in an opening statement the
3 subject or purposes of the investigation.
4 A copy of this rule shall be made available to the witnesses
5 at least three calendar days prior to his or her scheduled
6 testimony. Witnesses at investigative hearings, may be
7 accompanied by their own counsel for the purpose of advising
8 them concerning their constitutional rights. The [chairman]
9 chair, for breaches of order or decorum or of professional
10 ethics on the part of counsel, may exclude [him] counsel from
11 the hearing. Counsel may interpose legal objection to any and
12 all questions which in the opinion of counsel may violate the
13 civil or constitutional rights of his or her clients.
14 If the committee determines that evidence or testimony at an
15 investigative hearing may tend to defame, degrade or incriminate
16 any person, it shall:
17 (1) receive such evidence or testimony in executive session;
18 (2) afford such person an opportunity voluntarily to appear
19 as a witness; and
20 (3) receive and dispose of requests from such person to
21 subpoena additional witnesses.
22 No evidence or testimony taken in executive session may be
23 released to any person or authority or used in public sessions
24 without the consent of the committee.
25 Proceedings of all public hearings shall be either
26 stenographically or electronically recorded. The committee shall
27 determine which parts of such recorded proceedings, if any,
28 shall be transcribed and four copies thereof shall be
29 distributed and additional copies made available as provided in
30 Rule 50. Such stenographic or electronic records shall be
20070H0108R0814 - 72 -
1 preserved by the Chief Clerk until [he is] directed to dispose
2 of same by an affirmative vote of three-quarters of the entire
3 membership of the Rules Committee and shall be made available to
4 any member upon written request for the purpose of transcription
5 at that member's expense. Any transcribed records and any
6 reports of the committee shall be filed with the Chief Clerk or
7 [his] a designee and shall be made available to any person in
8 accordance with reasonable rules and regulations prescribed by
9 the Chief Clerk.
10 Upon payment of a reasonable cost to be determined by the
11 Chief Clerk, a person may obtain a copy of the transcript of any
12 testimony given at a public session or, if given at an executive
13 session when authorized by the committee. All standing
14 committees, subcommittees, special committees or commissions
15 which are authorized to hold public hearings and investigations
16 shall file a final report before being discharged of delegated
17 responsibilities.
18 RULE 52
19 Possession of Bills by Committee
20 When a committee has ordered that a bill, resolution or other
21 matter be reported to the House, the member to whom it is
22 assigned shall make the report thereof to the House either on
23 the same day or at the next meeting of the House.
24 Failure of a member to comply with this rule shall be
25 reported to the House by the committee, provided the official
26 copy of the bill, resolution or other matter has not been
27 obtained. Upon a motion agreed to by the House, a duplicate
28 certified copy of a House bill, House resolution or other House
29 matter shall be furnished to the committee by the Chief Clerk.
30 A committee or subcommittee shall not consider a bill,
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1 resolution or other matter which is not in its possession.
2 When a committee reports to the House that a House bill,
3 House resolution or other House matter referred to it is lost,
4 upon a motion agreed to by the House, a duplicate certified copy
5 thereof shall be furnished by the Chief Clerk.
6 If the Senate bill, Senate resolution or other Senate matter
7 received from the Senate is lost, upon a motion agreed to by the
8 House, a request shall be made to the Senate to furnish the
9 House with a duplicate certified copy thereof.
10 If a bill, resolution or other matter is lost before it has
11 been referred to a committee, the fact shall be reported to the
12 House and the procedure provided by this rule shall be followed.
13 RULE 53
14 Discharge of Committees
15 A member may present to the Chief Clerk a resolution in
16 writing to discharge a committee from the consideration of a
17 bill or resolution which has been referred to it 15 legislative
18 days prior thereto (but only one motion may be presented for
19 each bill or resolution). The discharge resolution shall be
20 placed in the custody of the Chief Clerk, who shall arrange some
21 convenient place for the signature of the members. A signature
22 may be withdrawn by a member in writing at any time before the
23 discharge resolution is entered in the Journal. When 25 members
24 of the House shall have signed the resolution, it shall be
25 entered in the Journal and the title of the bill or resolution
26 and the name of the committee to be discharged shall be printed
27 on the calendar.
28 Any member who has signed a discharge resolution which has
29 been on the calendar at least one legislative day prior thereto
30 and seeks recognition, shall be recognized for the purpose of
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1 calling up the discharge resolution and the House shall proceed
2 to its consideration without intervening motion except one
3 motion to adjourn; however, no discharge resolution shall be
4 considered during the last six legislative days of any session
5 of the House. A majority vote of all the members elected to the
6 House shall be required to agree to a resolution to discharge a
7 committee. When any perfected discharge resolution has been
8 acted upon by the House and defeated it shall not be in order to
9 entertain during the same session of the House any other
10 discharge resolution from that committee of said measure, or
11 from any other committee of any other bill or resolution
12 substantially the same, relating in substance to or dealing with
13 the same subject matter.
14 RULE 54
15 Presentation and Withdrawal of Motions
16 When a motion which is in order has been made, the Speaker
17 shall state it or (if it is in writing) cause it to be read by
18 the Clerk. It shall then be in the possession of the House, but
19 it may be withdrawn by the maker at any time before decision or
20 amendment.
21 The Speaker shall put the question in the following form,
22 viz: "those in favor of the motion will say 'aye'." After the
23 affirmative is expressed, "those who are opposed will say 'no'."
24 All motions, except for the previous question and a motion
25 for reconsideration, may be made without a second.
26 No dilatory motion shall be entertained by the Speaker.
27 RULE 55
28 Privileged Motions
29 When a question is under debate or before the House, no
30 motion shall be received but the following, which shall take
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1 precedence in the order named:
2 (1) To adjourn, or recess.
3 (2) A call of the House.
4 (3) To lay on the table.
5 (4) For the previous question.
6 (5) To postpone.
7 (6) To commit or recommit.
8 (7) To amend.
9 Debate on the motion to postpone shall be confined to the
10 question of the postponement and shall not include discussion of
11 the main question.
12 The motion to commit or recommit is open to debate only as to
13 the reasons for or against reference to committee and shall not
14 include a discussion of the merits of the main question.
15 Debate on the motion to amend shall be limited to the
16 amendment and shall not include the general merits of the main
17 question.
18 RULE 56
19 Adjourn
20 A motion to adjourn or recess is [not] debatable, cannot be
21 amended and is always in order, except:
22 (1) when another member has the floor; or
23 (2) when the House is voting.
24 [When a motion to adjourn is made, it shall be in order for
25 the Speaker, before putting the question, to permit the Majority
26 and Minority Leaders and/or one member designated by each of
27 them to state to the House any fact relating to the condition of
28 the business of the House which would seem to render it
29 inadvisable to adjourn. These statements shall be limited to two
30 minutes and shall not be debatable.]
20070H0108R0814 - 76 -
1 RULE 57
2 Call of the House
3 If a question of the absence of a quorum is raised by a
4 member, the Speaker shall order the Sergeant-at-Arms to close
5 the doors of the House. No member shall be permitted to leave
6 the House, except by permission of the House. The names of the
7 members present shall be recorded and absentees noted. Those for
8 whom no leave of absence has been granted or no sufficient
9 excuse is made may, by order of a majority of the members
10 present, be sent for and taken into custody by the Sergeant-at-
11 Arms and [his] assistants appointed for that purpose, and
12 brought before the bar of the House where, unless excused by a
13 majority of the members present, they shall be censured or
14 punished for neglect of duty as the House may direct.
15 Further proceedings under a call of the House may be
16 dispensed with at any time after the completion of the roll call
17 and the announcement of the result.
18 These proceedings shall be without debate, and no motion,
19 except to adjourn, shall be in order.
20 RULE 58
21 Persons Admitted Under a Call of the House
22 Members who voluntarily appear during a call of the House
23 shall be admitted to the House. Upon recognition by the Speaker
24 they shall announce their presence and their names shall be
25 recorded on the roll.
26 Officers of the House, accredited correspondents and
27 employees designated by the Chief Clerk shall be admitted to the
28 House during a call.
29 Visitors shall not be admitted to the House after the doors
30 are closed and until the proceedings under the call are
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1 terminated, but they shall be permitted to leave.
2 RULE 59
3 Lay on the Table
4 A motion to lay on the table is [not] debatable, is not
5 subject to amendment and carries with it the main question and
6 all other pending questions which adhere to it, except when an
7 appeal is laid on the table. The passage of a motion to lay an
8 amendment on the table shall cause the subject bill or
9 resolution and all other amendments to be laid on the table.
10 RULE 60
11 Motion to Take from the Table
12 A motion to take from the table a bill or other subject is in
13 order under the same order of business in which the matter was
14 laid on the table. It shall be decided without [debate or]
15 amendment and is debatable.
16 RULE 61
17 Previous Question
18 A motion for the previous question, seconded by 20 members
19 and sustained by a majority of the members present, shall put an
20 end to all debate and bring the House to an immediate vote on
21 the question then pending, or the questions on which it has been
22 ordered.
23 A motion for the previous question may be made to embrace any
24 or all pending amendments or motions and to include the passage
25 or rejection of a bill or resolution.
26 RULE 62
27 Call for Yeas and Nays--Reasons for Vote
28 The yeas and nays of the members on any question shall, at
29 the desire of any two of them, be entered on the Journal.
30 (Constitution, Article II, Section 12).
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1 When the Speaker or any member is not satisfied with a voice
2 vote on a pending question, the Speaker may order a roll call
3 vote; or, upon request of two members, before the result of the
4 vote is announced, [he] the Speaker shall order a roll call
5 vote.
6 A member may submit a written explanation of his or her vote
7 immediately following the announcement of the result of the vote
8 and have it printed in the Journal.
9 RULE 63
10 Division of a Question
11 Any member may call for a division of a question by the
12 House, if it comprehends propositions so distinct and separate
13 that one being taken away, the other will stand as a complete
14 proposition for the decision of the House.
15 A motion to strike out and insert is indivisible, but a
16 motion to strike out being lost shall neither preclude amendment
17 nor a motion to strike out and insert.
18 RULE 64
19 Members Required to be Present and Vote
20 Every member shall be present within the Hall of the House
21 during its sittings, unless excused by the House or unavoidably
22 prevented, and shall vote for or against each question put,
23 unless he or she has a direct personal or pecuniary interest in
24 the determination of the question or unless [he is] excused [or
25 not present in accordance with an authorized leave of absence].
26 No member shall be permitted to vote and have his or her vote
27 recorded on the roll unless [he is] present in the Hall of the
28 House during the roll call vote.
29 The Legislative Journal shall show the result of each roll
30 call by yeas and nays and those absent and those not voting.
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1 RULE 64 (a)
2 Chronic Absenteeism
3 For purposes of this rule the term "chronic absenteeism"
4 shall mean the unexcused absence of a representative for a
5 period of five consecutive legislative days from official
6 sessions of the House of Representatives or the absence of a
7 committee member for a period of five consecutive days from
8 [their] an assigned committee [meetings which meetings qualify
9 as] meeting which meeting qualifies as a regular committee
10 [meetings] meeting under the rules of the House of
11 Representatives and the Sunshine Law of the Commonwealth.
12 Any representative who is absent without excuse from regular
13 House sessions for a period of five consecutive legislative days
14 or is absent for a period of five consecutive committee meetings
15 shall be deemed a chronic absentee and may, on a vote of the
16 full House, be held in contempt of this House upon motion of
17 five members of the House for chronic absence from regular House
18 sessions and by motion of three members of the standing
19 committee of the House to which such representative is assigned
20 for chronic absence from regularly scheduled committee meetings.
21 The term "chronic absenteeism" shall not include:
22 (1) Absence due to the personal illness or bodily injury of
23 a representative.
24 (2) Absence due to personal illness or bodily injury of a
25 member of the immediate family of the representative.
26 (3) Death to a member of the immediate family of a
27 representative.
28 (4) Any excused absence approved by the House pursuant to
29 its rules.
30 RULE 65
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1 Member Having Private Interest
2 (1) A member who has a personal or private interest in any
3 measure or bill proposed or pending before the House shall
4 disclose the fact to the House and shall not vote thereon.
5 (Constitution, Article III, Section 13).
6 (2) A member who, for remuneration, represents any
7 organization required to register under 65 Pa.C.S. Ch. 13A
8 (relating to lobbying disclosure) shall file a statement of that
9 fact with the Chief Clerk.
10 RULE 65 (a)
11 Professionals-Legislators
12 (1) Except as hereinafter provided, any member or employee
13 of the House or its agencies shall not be retained for
14 compensation to appear in his or her professional capacity to
15 represent the interest of any client in any proceeding before
16 any Commonwealth department, board, agency, bureau or
17 commission, except that such member or employee is authorized to
18 represent the interest of a client at any stage of a proceeding
19 before the Commonwealth or its agencies where such proceeding
20 was initially taken or brought as a ministerial action, as
21 defined by this rule, and as originally taken was not initially
22 adverse in nature to the interest of the Commonwealth or its
23 agencies.
24 (2) The provisions of this rule shall not be applicable to
25 professionals-legislators:
26 (a) Representing clients on criminal matters before the
27 courts of the Commonwealth.
28 (b) Representing clients on civil matters before the
29 courts of the Commonwealth.
30 (c) Representing clients in all stages of a proceeding
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1 before the Commonwealth or its agencies which was initially
2 commenced as a ministerial action. The term "ministerial
3 action" means and includes any proceeding or action before
4 the Commonwealth or its agencies where the proceeding, as
5 initially commenced involved solely:
6 (i) The uncontested or routine action by the
7 Commonwealth's administrative officers or employees in
8 issuing or renewing licenses, charters, certificates or
9 any other documents of a similar nature; or
10 (ii) The preparation, filing and review of tax
11 returns and supporting documents required by law; or
12 (iii) The preparation, filing and review of
13 engineering and architectural plans, drawings,
14 specifications and reports; or
15 (iv) Any other initially routine or uncontested
16 preparation, filing, review or other action not
17 enumerated above and considered and normally handled by
18 the Commonwealth or its agencies as a ministerial action.
19 (d) Representing clients in workmen's compensation
20 proceedings before the bureau, its referees or the Workmen's
21 Compensation Appeals Board.
22 (3) This rule shall not apply to the other members of the
23 firm of such member and/or employee.
24 RULE 65 (b)
25 Financial Interests in Gaming Entities
26 [(1) Except as hereinafter provided, no member, his or her <--
27 spouse, or any minor or unemancipated children shall hold or
28 acquire during his or her tenure in office any ownership or
29 other financial interest, including both equity and
30 indebtedness, in any entity required to be licensed under 4
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1 Pa.C.S. Pt. II (relating to gaming), or in the subsidiaries or
2 affiliates, as defined in 4 Pa.C.S. § 1103 (relating to
3 definitions), of any such licensed entity.
4 (2) The provisions of this Rule shall not be applicable to
5 the following:
6 (a) an interest held through a defined benefit pension
7 plan;
8 (b) an interest held through a deferred compensation
9 plan organized and operated pursuant to section 457 of the
10 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
11 457);
12 (c) an interest held through a tuition account plan
13 organized and operated pursuant to section 529 of the
14 Internal Revenue Code;
15 (d) an interest held through a plan described in section
16 401(k) of the Internal Revenue Code;
17 (e) an interest held in an employer profit-sharing plan
18 qualified under the Internal Revenue Code;
19 (f) an interest held in a mutual fund where the interest
20 owned by the individual fund in the licensed entity as
21 described herein does not amount to control of the entity as
22 defined by the Federal Investment Company Act of 1940 and
23 provided that such mutual fund is not a nondiversified fund
24 invested primarily in entities operating in, or connected
25 with, the gaming industry;
26 (g) an interest held in a blind trust over which the
27 holder may not exercise any managerial control or receive
28 income during the time period the member holds office;
29 (h) an interest held in a licensed entity otherwise
30 prohibited by this Rule if such interest was acquired prior
20070H0108R0814 - 83 -
1 to January 7, 2003;
2 (i) an interest in indebtedness arising out of a
3 commercial transaction which takes place in the ordinary
4 course of business;
5 (j) an interest held in a subsidiary or affiliate of a
6 licensed entity if the identity thereof is not disclosed to
7 the Chief Clerk by the Pennsylvania Gaming Control Board. The
8 Chief Clerk, on a quarterly basis, shall request an updated
9 list from the Pennsylvania Gaming Control Board of all
10 subsidiaries and affiliates of licensed entities and shall
11 provide a copy of the list to all members of the House;
12 (k) an interest held by a spouse if an action seeking a
13 divorce and dissolution of marital status has been initiated
14 in any jurisdiction by either party to the marriage.
15 (3) Exceptions provided for in paragraph (2)(a) through (f)
16 above shall be inapplicable if the member, his or her spouse, or
17 any minor or unemancipated children have any discretion in
18 choosing individual investments within the portfolio in which
19 the interest is held.
20 (4)] Annually, on or before April [30th of each calendar <--
21 year, members] 30, EVERY MEMBER shall file an affidavit with the <--
22 Chief Clerk, on a form provided by the Chief Clerk, [either <--
23 disclosing holdings prohibited by this rule or] affirming that <--
24 [he or she holds no such interests. <--
25 (5) Any member, including a spouse and any minor or
26 unemancipated children, holding an ownership or other financial
27 interest prohibited by this Rule, shall have three months from
28 the date the entity is approved for a license under 4 Pa.C.S.
29 Pt. II to completely divest his or her interest and to file an
30 affidavit affirming the divestiture with the Chief Clerk.
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1 (6) Members, including a spouse and any minor or
2 unemancipated children, elected to the House of Representatives
3 for the first time or upon returning after a hiatus in House
4 service subsequent to the adoption of this Rule shall have three
5 months from the date they are sworn into office to divest such
6 interests and file the affidavit referred to in paragraph (4).] <--
7 NEITHER THE MEMBER NOR AN IMMEDIATE FAMILY MEMBER OF THE MEMBER <--
8 HOLDS A FINANCIAL INTEREST IN VIOLATION OF 4 PA.C.S. § 1512
9 (RELATING TO FINANCIAL AND EMPLOYMENT INTERESTS).
10 FOR PURPOSES OF THIS RULE, "IMMEDIATE FAMILY MEMBER" SHALL
11 MEAN A SPOUSE, MINOR CHILD OR UNEMANCIPATED CHILD.
12 RULE 66
13 Electric Roll Call
14 The names of the members shall be listed on the electric roll
15 call boards by party affiliation in alphabetical order, except
16 the name of the Speaker shall be last.
17 On any question requiring the "yeas" and "nays", the electric
18 roll call system shall be used. On all other questions to be
19 voted upon, the Speaker may[, in his discretion,] order the yeas
20 and nays taken by the electric roll call system or voice vote
21 or, upon demand of two members before the result of a vote has
22 been declared, the yeas and nays shall be taken by the electric
23 roll call system.
24 In the event the electric roll call system is not in
25 operating order, the Speaker shall order all yea and nay votes
26 be taken by calling the roll, as provided in the Rules of the
27 House.
28 The vote of any member which has not been recorded because of
29 mechanical malfunction of the electric roll call system shall be
30 entered on the Journal, if said member was in the Hall of the
20070H0108R0814 - 85 -
1 House at the time of the vote and did cast his or her vote at
2 the appropriate time, and the fact of such malfunction is
3 reported to the Speaker of the House prior to the announcement
4 of the result of the vote.
5 When the House is ready to vote upon any question requiring
6 the yeas and nays and the vote is to be taken by the electric
7 roll call system, the Speaker shall state: "The question
8 .............. (Designating the matter to be voted upon.)" The
9 Speaker shall then unlock the voting machine and announce, "The
10 members shall now proceed to vote." Once the voting has begun,
11 it shall not be interrupted, except for the purpose of
12 questioning the validity of a member's vote or, if the voting
13 switch of a member present in the Hall of the House is locked or
14 otherwise inoperative, a request that such switch be rendered
15 operative or such members vote be officially recorded, before
16 the result is announced.
17 When, in the judgment of the Speaker, reasonable time has
18 been allowed all members present in the House to vote (in no
19 event shall such time exceed ten minutes) [he] the Speaker shall
20 ask the question: "Have all members present voted?" After a
21 pause, the Speaker shall lock the machine and instruct the Clerk
22 to record the vote, and the Speaker shall announce the result of
23 the vote.
24 No member or other person shall be allowed at the Clerk's
25 desk while the yeas and nays are being recorded, or the vote
26 counted.
27 After the voting machine is locked, no member may change
28 [his] a vote and the votes of tardy members will not be
29 recorded.
30 The vote as electrically recorded on the roll of members
20070H0108R0814 - 86 -
1 shall not in any manner be altered or changed by any person.
2 Except as provided in [Rule 64] this rule, no member shall
3 vote for another member, nor shall any person not a member vote
4 for a member.
5 Any member or other person who willfully tampers with or
6 attempts to disarrange, deface, impair or destroy in any manner
7 whatsoever the electrical voting equipment used by the House, or
8 who instigates, aids or abets with the intent to destroy or
9 change the record of votes thereon shall be punished in such
10 manner as the House determines.
11 A member who has been appointed by the Speaker to preside as
12 Speaker pro tempore may designate either the Majority or
13 Minority Whip to cast his or her vote on any question while [he
14 is] presiding in accordance with [his] instructions from the
15 Chair.
16 The Chief Clerk shall post all votes by the electric roll
17 call system on the Internet no later than the close of business
18 on the day they are made.
19 A prime sponsor of a bill, the Minority Leader or Majority
20 Leader or a member designated to act on their behalf may request
21 that the roll call remain open for the maximum time allowed in
22 accordance with this rule. During such roll call, no vote shall
23 be recorded unless the member is at his or her regularly
24 assigned seat.
25 RULE 67
26 Verification and Challenge
27 Upon completion of a roll call and before the result is
28 announced, if there appears to be need for verification, the
29 Speaker may direct the Clerk to verify it, or three members may
30 demand a verification.
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1 Any member may challenge in writing the yea or nay or
2 electrically recorded vote of other members. The allegations
3 made shall be investigated by a committee composed of the
4 Speaker, a majority member and a minority member appointed by
5 the Speaker, who shall submit a report to the House not later
6 than its next session. The House shall then decide whether the
7 challenged vote shall be recorded or not.
8 If the challenged vote would change the result, the
9 announcement of the vote shall be postponed until the House
10 decides the case.
11 RULE 68
12 Changing Vote
13 No member may change [his] a vote, or have [his] a vote
14 recorded after the result of a roll call vote has been
15 announced, nor after an affirmative or negative roll has been
16 declared verified.
17 RULE 69
18 Journal
19 The Chief Clerk shall keep a Journal of the proceedings of
20 the House, which shall be printed and shall be made available to
21 the members.
22 The Journal of the proceedings of the last day's session
23 shall not be read unless so ordered by a majority vote of the
24 House.
25 RULE 70
26 History of House Bills
27 and House Resolutions
28 A weekly History, showing the title and action on House bills
29 and the text and action on non-privileged resolutions, shall be
30 compiled and indexed under the direction of the Chief Clerk and
20070H0108R0814 - 88 -
1 shall be printed and placed on each member's desk.
2 The House History shall include a cumulative index of laws
3 enacted during the session and the text of vetoes by the
4 Governor.
5 RULE 71
6 House Calendar
7 Bills and non-privileged resolutions reported from committees
8 to the House with an affirmative recommendation shall be listed
9 on the calendar in such manner as prescribed by the Rules
10 Committee and any other rule of the House. House bills and House
11 resolutions shall precede Senate bills and Senate resolutions.
12 Bills and non-privileged resolutions shall be listed on the
13 House Calendar for no more than 15 consecutive legislative days.
14 At the end of the 15th consecutive legislative day the said bill
15 or non-privileged resolution shall be automatically recommitted
16 to the committee from which it was reported to the floor of the
17 House.
18 Any bill or non-privileged resolution on the calendar which
19 cannot, by its status, be recommitted shall be removed from the
20 calendar and laid on the table, unless the House shall otherwise
21 direct.
22 A marked calendar compiled by the Majority Leader shall be
23 provided to all members on each legislative day on which votes
24 are scheduled on the calendar.
25 RULE 72
26 Journal, Transcribing and
27 Documents Rooms
28 No person, except members and employees of the House having
29 official business, shall be permitted in the Transcribing, the
30 Legislative Journal, and the Bills and Documents Rooms of the
20070H0108R0814 - 89 -
1 House without the consent of the Chief Clerk.
2 RULE 73
3 Correspondents
4 Admission to and administration of the Press Galleries of the
5 Senate and House of Representatives shall be vested in a
6 Committee on Correspondents consisting of the President pro
7 tempore of the Senate, or [his] a designee; the Speaker of the
8 House of Representatives, or [his] a designee; the Supervisor of
9 the Capitol Newsroom; the President of the Pennsylvania
10 Legislative Correspondents' Association, or [his] a designee and
11 the Executive Director of the Pennsylvania Association of
12 Broadcasters, or [his] a designee.
13 Persons desiring admission to the press sections of the
14 Senate and House of Representatives shall make application to
15 the [Chairman] Chair of the Committee on Correspondents. Such
16 application shall state the newspaper, press association or
17 licensed radio or television station, its location, times of
18 publication or hours of broadcasting, and be signed by the
19 applicant.
20 The Committee on Correspondents shall verify the statements
21 made in such application, and, if the application is approved by
22 the committee, shall issue a correspondent's card signed by the
23 members of the committee.
24 The gallery assigned to newspaper correspondents or
25 recognized press association correspondents or representatives
26 of licensed radio and television stations, systems or
27 newsgathering agencies shall be for their exclusive use and
28 persons not holding correspondents cards shall not be entitled
29 to admission thereto. Employees of the General Assembly,
30 representatives and employees of state departments, boards,
20070H0108R0814 - 90 -
1 commissions and agencies, visitors and members of the families
2 of correspondents entitled to admission to the press gallery
3 shall, at no time, be permitted to occupy the seats or be
4 entitled to the privileges of the press gallery.
5 Accredited representatives of newspapers, wire, newsreel
6 services and licensed radio or television stations, systems or
7 newsgathering agencies, may be authorized by the Speaker of the
8 House to take photographs, make audio or video recordings or
9 tapes, and to broadcast or televise in the House of
10 Representatives. Applications to take photographs, make audio or
11 video recordings or tapes, or to broadcast or televise at public
12 hearings of committees shall be approved by the committee
13 [chairman] chair or [co-chairmen] co-chairs conducting such
14 hearing. However, the committee [chairman] chair conducting the
15 hearing may make such orders to such representatives as may be
16 necessary to preserve order and decorum.
17 No photographs shall be taken nor any recordings or tapes
18 made, nor any broadcasting or televising done in the House of
19 Representatives during sessions, being at ease or recessed,
20 without prior notice to the Representatives. When possible, such
21 notice shall be given at the beginning of the session, at ease
22 or recess, during which the photographs, recordings or taping,
23 broadcasting or televising are scheduled to be taken or made.
24 No more than one representative of each newspaper, press
25 association or licensed radio or television station, system or
26 newsgathering agency shall be admitted to the press gallery at
27 one time. Members of the Pennsylvania Legislative
28 Correspondents' Association and representatives of licensed
29 radio and television stations, systems or newsgathering
30 agencies, assigned to the House of Representatives on a daily
20070H0108R0814 - 91 -
1 basis shall have permanent assigned seating in the press gallery
2 with identification plates. Visiting representatives of daily
3 newspapers, press associations, Sunday newspapers as well as
4 radio and television stations, systems or newsgathering agencies
5 shall coordinate seating accommodations with the supervisor of
6 the Capitol Newsroom.
7 Persons assigned to the press gallery on a permanent or
8 temporary basis, shall at all times, refrain from loud talking
9 or causing any disturbance which tends to interrupt the
10 proceedings of the House of Representatives.
11 Persons assigned to the press gallery on a permanent or
12 temporary basis shall not walk onto the floor of the House of
13 Representatives nor approach the rostrum or the clerks' desks
14 during session or while being at ease.
15 Persons assigned to the press gallery on a permanent or
16 temporary basis wishing to confer with a Representative shall
17 disclose this fact by having a message delivered by a page to
18 the Representative. Such conversation shall be conducted off the
19 floor of the House of Representatives.
20 Representatives of the Pennsylvania Public Broadcasting
21 System may, subject to regulations of the Speaker, televise or
22 make video tapes of proceedings of sessions of the House of
23 Representatives and meetings of all committees of the House of
24 Representatives.
25 RULE 74
26 Visitors
27 Visitors shall be admitted to the Hall of the House only when
28 sponsored by a member. The Chief Clerk shall issue an
29 appropriate pass to any visitor so sponsored.
30 Persons admitted to the Hall of the House other than members
20070H0108R0814 - 92 -
1 and attaches, shall not be permitted to stand while the House is
2 in session but shall be seated in chairs provided for them. At
3 no time shall visitors be permitted on the Floor of the House
4 while the House is in session unless so permitted by the
5 Speaker.
6 RULE 75
7 Lobbyists
8 No registered lobbyist shall be admitted to the Hall of the
9 House.
10 RULE 76
11 Soliciting Prohibited
12 No officer or employee of the House shall solicit any member,
13 other officer or employee of the House for any purpose.
14 RULE 77
15 Suspending and Changing Rules
16 [Any] Unless otherwise specified in another rule, any rule of
17 the House, which is not required by the Constitution, may be
18 temporarily suspended at any time for a specific purpose only by
19 a vote of two-thirds of the members elected to the House by a
20 roll call vote.
21 A motion to suspend the rules may not be laid on the table,
22 postponed, committed or amended[.] and may be debated by the
23 majority leader, the minority leader, the maker of the motion,
24 the maker of the amendment under consideration and the prime
25 sponsor of the bill under consideration.
26 A brief description of the underlying bill or amendment shall
27 be given whenever a member moves to suspend the rules of the
28 House in order to consider such bill or amendment.
29 The existing rules of the House shall not be changed, added
30 to, modified or deleted except by written resolution and the
20070H0108R0814 - 93 -
1 same approved by a majority vote of the members elected to the
2 House by a roll call vote.
3 Except where such resolution originates with the Committee on
4 Rules, no resolution proposing any change, addition,
5 modification or deletion to existing House rules shall be
6 considered until such resolution has been referred to the
7 Committee on Rules, reported therefrom, printed, filed on the
8 desk of each member and placed on the calendar.
9 Any proposed change, addition, modification or deletion
10 offered by a member on the floor of the House to such resolution
11 shall be considered, in effect, a change, addition, modification
12 or deletion to existing House rules and shall require for
13 approval a majority vote of the members by a roll call vote.
14 RULE 78
15 Parliamentary Authority
16 [Jefferson's] Mason's Manual supplemented by [Mason's]
17 Jefferson's Manual of Legislative Procedure shall be the
18 parliamentary authority of the House, if applicable and not
19 inconsistent with the Constitution of Pennsylvania, the laws of
20 Pennsylvania applicable to the General Assembly, the Rules of
21 the House, the established precedents of the House and the
22 established customs and usages of the House.
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