PRIOR PRINTER'S NO. 219

PRINTER'S NO.  270

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE RESOLUTION

 

No.

39

Session of

2009

  

  

INTRODUCED BY PRIME SPONSOR WITHDREW AND EACHUS, FEBRUARY 2, 2009

  

  

AS AMENDED, HOUSE OF REPRESENTATIVES, FEBRUARY 4, 2009   

  

  

  

A RESOLUTION

  

1

Adopting permanent rules for the House of Representatives,

<--

2

further providing for members' and employees' expenses and

3

for electronic availability of reports. Adopting permanent

<--

4

rules for the House of Representatives, further providing for

5

questions of order, for interruption of a member who has the

6

floor, for members' and employees' expenses, for electronic

7

availability of reports, for time of meeting, for general

8

appropriation bill and nonpreferred bills, for consideration

9

of bills, for first consideration bills, for third

10

consideration and final passage bills, for reconsideration,

11

for bills amended by Senate, for standing committees and

12

subcommittees, for organization of standing committees and

13

subcommittees, for powers and duties of standing committees

14

and subcommittees, for ethics committee, for privileged

15

motions, for lay on table, for motion to take from table and

16

for division of a question.

17

RESOLVED, That the Permanent Rules of the House of

18

Representatives (2007-2008) be adopted as the Permanent Rules of

19

the House of Representatives for the 2009-2010 session of the

20

House of Representatives with the following amendments to Rules 

<--

21

14 and 14(b):

22

(2009-2010)

23

RULES OF THE HOUSE OF REPRESENTATIVES

24

Definitions:

25

"Day" shall mean any calendar day.

 


1

"Floor of the House" shall be that area within the Hall of

2

the House between the Speaker's rostrum and the brass rail

3

behind the Members' seats.

4

"Formal Action" shall mean any vote or motion of a member of

5

a standing committee, standing subcommittee, select committee or

6

rules committee of the House of Representatives to report or not

7

report, amend, consider or table a bill or resolution and the

8

discussion and debate thereof.

9

"Hall of the House" shall be the floor space within its four

10

walls and does not include the adjoining conference rooms, the

11

lobbies or the upper gallery of the House.

12

"Legislative Day" shall mean any day that the House shall be

13

in session.

14

"Press Gallery" shall be within that area known as the Hall

15

of the House as designated by the Speaker.

16

"Roll Call Vote" shall be a vote taken and displayed by and

17

on the electric roll call board or in the event of a malfunction

18

of the electric roll call board, by such method as shall be

19

determined by the Speaker.

20

RULE 1

21

Speaker Presiding

22

The Speaker shall preside over the sessions of the House. The

23

Speaker may name a member to preside, but the substitution shall

24

not extend beyond an adjournment. The Speaker may appoint a

25

member as Speaker pro tempore to act in the Speaker's absence

26

for a period not exceeding ten consecutive legislative days.

27

As presiding officer and in accordance with Article II § 2 of

28

the Constitution of Pennsylvania and the act of June 3, 1937

29

(P.L.1333, No.320), known as the Pennsylvania Election Code,

30

within ten days after the occurrence of a vacancy the Speaker

- 2 -

 


1

shall issue a writ for a special election to be held on a date

2

which shall occur on or before the date of the first primary,

3

municipal or general election which occurs not less than 60 days

4

after the issuance of the writ. The Speaker shall not be

5

required to issue a writ of election if the election cannot be

6

scheduled until after the general election.

7

In case of failure to make an appointment, the House shall

8

elect a Speaker pro tempore to act during the absence of the

9

Speaker.

10

The Speaker pro tempore shall perform all the duties of the

11

Chair during the absence of the Speaker.

12

RULE 1 (a)

13

Equal Opportunity Officer and Advisory Committee

14

The Speaker shall designate an Equal Opportunity Officer who

15

shall report to the Speaker. There shall be an Equal Opportunity

16

Advisory Committee, appointed by the Speaker in consultation

17

with the Majority Leader and Minority Leader, to assist the

18

Equal Opportunity Officer in developing, recommending and

19

implementing equal opportunity employment and procurement

20

policies in the House of Representatives.

21

RULE 2

22

Taking the Chair

23

The Speaker shall take the Chair and call the members to

24

order on every legislative day at the hour to which the House

25

adjourned at the last sitting. On the appearance of a quorum,

26

the Speaker shall proceed to the regular order of business as

27

prescribed by the rules of the House.

28

RULE 3

29

Order and Decorum

30

The Speaker or Presiding Officer shall preserve order and

- 3 -

 


1

decorum. In case of any disturbance or disorderly conduct in the

2

galleries or lobbies, the Speaker shall have the power to order

3

the same to be cleared.

4

The Speaker or Presiding Officer shall have the right to

5

summon Legislative Security Officers to enforce in the

6

preservation of order and decorum, and if needed, to summon the

7

State Police to assist.

8

The Sergeant-at-Arms and Legislative Security Officers under

9

the direction of the Speaker or the Presiding Officer shall,

10

while the House is in session, maintain order on the floor and

11

its adjoining rooms and shall enforce the rule with respect to

12

the conduct of members, staff and visitors.

13

RULE 4

14

Questions of Order

15

The Speaker shall decide all questions of order subject to an

16

appeal by two members. The Speaker may, in the first instance,

17

submit the question to the House. Questions involving the

18

constitutionality of any matters shall be decided by the House.

19

On questions of order there shall be no debate except on an

20

appeal from the decision of the Speaker or on reference of a

21

question to the House. In either case, no member shall speak

22

more than once except by leave of the House.

23

Unless germane to the appeal, a second point of order is not

24

in order while an appeal is pending; but, when the appeal is

25

disposed of, a second point of order is in order and is subject

26

to appeal.

27

RULE 5

28

Conference and Select Committee Appointments

29

All Committees of Conference shall be appointed by the

30

Speaker and shall be composed of three members, two of whom

- 4 -

 


1

shall be selected from the majority party and one from the

2

minority party.

3

The Speaker shall appoint the members of select committees,

4

unless otherwise ordered by the House.

5

RULE 6

6

Signature of the Speaker

7

The Speaker shall, in the presence of the House, sign all

8

bills and joint resolutions passed by the General Assembly after

9

their titles have been publicly read immediately before signing,

10

and the fact of signing shall be entered on the Journal.

11

Resolutions, addresses, orders, writs, warrants and subpoenas

12

issued by order of the House shall be signed by the Speaker and

13

attested by the Chief Clerk.

14

RULE 7

15

Oath to Employees

16

The Chief Clerk shall administer an oath or affirmation to

17

the employees of the House that they will severally support,

18

obey and defend the Constitution of the United States and the

19

Constitution of Pennsylvania, and that they will discharge the

20

duties of their offices with fidelity.

21

Each employee of the House, after taking the oath of office,

22

shall sign the Oath Book in the presence of the Chief Clerk.

23

RULE 8

24

Supervision of Hall of the House

25

and Committee Rooms

26

Subject to the direction of the Speaker, the Chief Clerk

27

shall have supervision and control over the Hall of the House,

28

the caucus and committee rooms and all other rooms assigned to

29

the House.

30

During the sessions of the Legislature the Hall of the House

- 5 -

 


1

shall not be used for public or private business other than

2

legislative matters except by consent of the House. During

3

periods of recess of the House such use may be authorized by the

4

Speaker without the consent of the House.

5

RULE 9

6

Decorum

7

While the Speaker is putting a question or addressing the

8

House and during debate or voting, no member shall disturb

9

another by talking or walking up and down or crossing the floor

10

of the House.

11

RULE 9 (a)

12

Smoking

13

No smoking of cigarettes, cigars, pipes and other tobacco

14

products shall be allowed in the Hall of the House nor in any

15

interior area of the Capitol Complex under the control of the

16

House of Representatives.

17

RULE 10

18

Debate

19

When a member desires to address the House, the member shall

20

rise and respectfully address the Speaker. Upon being

21

recognized, the member may speak, and shall be confined to the

22

question under consideration and avoiding personal reflections.

23

When two or more members rise at the same time and ask for

24

recognition, the Speaker shall designate the member who is

25

entitled to the floor.

26

No member, except the Majority and Minority Leaders, may

27

speak more than twice on any question, without the consent of

28

the House.

29

With the unanimous consent of the House a member may make a

30

statement not exceeding ten minutes in length concerning a

- 6 -

 


1

subject or matter not pending before the House for

2

consideration, providing the Majority and Minority Leaders have

3

agreed on a time the member is to ask for recognition.

4

RULE 11

5

Interruption of a Member who Has the Floor

6

A member who has the floor may not be interrupted, except for

7

questions of order or by a motion for the previous question.

8

A member may yield the floor for questions related to the

9

subject before the House.

10

RULE 12

11

Personal Privilege

12

Any member may by leave of the Speaker rise and explain a

13

matter personal to the member, but the member shall not discuss

14

a pending question in the explanation. Questions of personal

15

privilege shall be limited to questions affecting the rights,

16

reputation and conduct of members of the House in their

17

respective capacity.

18

RULE 13

19

Transgression of House Rules

20

If any member in speaking or otherwise transgresses the Rules

21

of the House, the Speaker or any member through the Speaker

22

shall call the member to order, in which case the member shall

23

immediately sit down unless permitted by the House to explain.

24

The House upon appeal shall decide the case without debate.

25

If the decision is in favor of the member, the member may

26

proceed. If the case requires it, the member shall be liable to

27

censure or other punishment as the House deems proper.

28

RULE 14

29

Members' and Employees' Expenses

30

A member who attends a duly called meeting of a standing or

- 7 -

 


1

special committee of which he or she is a member when the House

2

is not in session or who is summoned to the State Capitol or

3

elsewhere by the Speaker, or the Majority or Minority Leader of

4

the House, to perform legislative services when the House is not

5

in session shall be reimbursed per day for each day of service,

6

plus mileage to and from the member's residence, at such rates

7

as are established from time to time by the Committee on Rules

8

but not in excess of the applicable maximum mileage rate

9

authorized by the Federal Government. For travel to any location

10

for committee meetings or for travel to the State Capitol for

11

any reason, members cannot receive reimbursement in excess of

12

the applicable maximum per diem rate authorized by the Federal

13

Government. These expenses shall be paid by the Chief Clerk from

14

appropriation accounts under the Chief Clerk's exclusive control

15

and jurisdiction, upon a written request approved by the Speaker

16

of the House, or the Majority or the Minority Leader of the

17

House.

18

An employee of the House summoned by the Speaker or the

19

Majority or Minority Leader of the House to perform legislative

20

services outside of Harrisburg shall be reimbursed for actual

21

expenses and mileage to and from the employee's residence. Such

22

expenses may be paid by the Speaker, Majority or Minority

23

Leader, if they agree to do so, or shall be paid by the Chief

24

Clerk from appropriation accounts under the Chief Clerk's

25

exclusive control and jurisdiction, upon a written request

26

approved by the Speaker, or the Majority or the Minority Leader.

27

District office employees are only permitted to be reimbursed

28

from an account under the control of the Chief Clerk when

29

traveling to Harrisburg for a training program sponsored by

30

either caucus or for travel to a legislative conference approved

- 8 -

 


1

by the Speaker, the Majority Leader or the Minority Leader. All

2

other travel by district office employees may be reimbursed from

3

the member's accountable expenses or an account under the

4

control of the Speaker, the Majority Leader or the Minority

5

Leader.

6

Members and employees traveling outside the Commonwealth of

7

Pennsylvania who receive any reimbursement for expenses or

8

travel which reimbursement is from public funds shall file with

9

the Chief Clerk a statement containing his or her name and the

10

name, place, date and the purpose of the function.

11

Money appropriated specifically to and allocated under a

12

specific symbol number for allowable expenses of members of the

13

House of Representatives shall be reimbursed to each member upon

14

submission of vouchers and any required documentation by each

15

member on forms prepared by the Chief Clerk of the House. No

16

reimbursement shall be made from this account where a member is

17

directly reimbursed for the same purpose from any other

18

appropriation account.

19

Such allowable expenses of members may be used for any

20

legislative purpose or function, including but not limited to

21

the following:

22

(1)  Travel expense on legislative business.

23

(a)  Mileage on session or nonsession days at a rate as

24

may be approved from time to time by the Committee on Rules,

25

but not in excess of the maximum mileage rate authorized by

26

the Federal Government for travel; voucher only.

27

(b)  Miscellaneous transportation on legislative business

28

(taxi, airport limousine parking, tolls), and expenses of a

29

similar nature; voucher only for any single expense not in

30

excess of $10.

- 9 -

 


1

(c)  Travel on legislative business by common carrier

2

other than taxi and airport limousine; voucher and receipt

3

from common carrier.

4

(d)  Car rental; voucher and receipt from rental agency

5

but reimbursement not to exceed in any month an amount as may

6

be approved from time to time by the Committee on Rules. Any

7

amount in excess of the said amount shall be paid by the

8

person renting the car. In no event shall other than American

9

manufactured cars be rented.

10

(e)  Lodging, restaurant charges and other miscellaneous

11

and incidental expenses while away from home. Vouchers only

12

for per diem allowance approved from time to time by the

13

Committee on Rules, but not in excess of the applicable

14

maximum per diem rate authorized by the Federal Government or

15

for actual expenses not in excess of such per diem rate.

16

(2)  Administrative, clerical and professional services for

17

legislative business, except for employment of spouses or any

18

relatives, by blood or marriage.

19

(a)  Administrative and clerical services; voucher and

20

receipt from person employed.

21

(b)  Professional services; voucher and receipt and copy

22

of agreement or contract of employment.

23

(3)  Rent for legislative office space; purchase of office

24

supplies; postage; telephone and answering services; printing

25

services and rental only of office equipment; voucher and

26

vendor's receipt, except for postage expense. No reimbursement

27

or expenditure shall be made out of any appropriation account

28

for any mass mailing including a bulk rate mailing made at the

29

direction or on behalf of any member which is mailed or

30

delivered to a postal facility within 60 days immediately

- 10 -

 


1

preceding any primary or election at which said member is a

2

candidate for public office.

3

Mass mailing shall mean a newsletter or similar mailing of

4

more than 50 pieces in which the content of the matter is

5

substantially identical. Nothing in this rule shall apply to any

6

mailing which is in direct response to inquiries or requests

7

from persons to whom matter is mailed, which is addressed to

8

colleagues in the General Assembly or other government officials

9

or which consists entirely of news releases to the

10

communications media.

11

(4)  Official entertainment─restaurant and beverage charges;

12

voucher only for expenses. Receipts for entertainment expenses,

13

together with a statement of the reason for the expense, shall

14

be submitted with the request for reimbursement.

15

(5)  Purchase of flags, plaques, publications, photographic

16

services, books, and other similar items in connection with

17

legislative activities; voucher and vendor's receipt.

18

(6)  Communications and donations in extending

19

congratulations or sympathy of illness or death; voucher only on

20

expenses not in excess of $35.

21

No money appropriated for members' and employees' expenses

22

shall be used for contributions to political parties or their

23

affiliated organizations or to charitable organizations or for

24

charitable advertisements.

25

A member shall not create, maintain or cause to be created or

26

maintained a legislative nonprofit organization. A "legislative

27

nonprofit organization" means a nonprofit corporation or other

28

entity whose primary purpose is to receive funds under the

29

General Appropriation Act or another appropriations act at the

30

discretion or by reason of the influence of a member for the use

- 11 -

 


1

at the direction or discretion of the member. The Ethics

2

Committee shall issue to any member upon such member's request

3

an opinion with respect to such member's duties under this rule.

4

The Ethics Committee shall, within 14 days, issue the opinion.

5

No member who acts in good faith on an opinion issued to that

6

member by the Ethics Committee shall be subject to any sanctions

7

for so acting, provided that the material facts are as stated in

8

the opinion request. The Ethics Committee's opinions shall be

9

public records and may from time to time be published. The

10

member requesting the opinion may, however, require that the

11

opinion shall contain such deletions and changes as shall be

12

necessary to protect the identity of the persons involved.

13

No money may be expended within 60 days before a primary

14

election or within 60 days before a general election in even-

15

numbered years for:

16

(i)  purchase of or the reimbursement for the purchase of any

17

radio or television broadcast time for public service

18

announcements that depict the name, voice or image of a member;

19

or

20

(ii)  payment for telemarketing activities on behalf of a

21

member. This prohibition shall not apply to limited surveys to

22

determine public opinion on various issues.

23

Members and employees shall not request reimbursement for the

24

private lease of vehicles leased on a long-term basis. No

25

payments will be made with respect to private, long-term lease

26

vehicle expenses incurred by members or employees except with

27

respect to private, long-term lease arrangements entered into by

28

a member prior to [the effective date of this rule] March 17,

29

2007, payments for which will be made in accord with the rules

30

in place on [the day before the effective date of this rule]

- 12 -

 


1

March 16, 2007. The Chief Clerk is authorized to enter into a

2

master lease agreement with the Department of General Services

3

for the long-term lease of automobiles.

4

All disbursements made, debts incurred or advancements paid

5

from any appropriation account made to the House or to a member

6

or nonmember officer under a General Appropriation Act or any

7

other appropriation act shall be recorded in a monthly report

8

and filed with the Chief Clerk by the person authorized to make

9

such disbursement, incur any debt or receive any advancement on

10

a form prescribed by the Chief Clerk.

11

The Chief Clerk shall prescribe the form of all such reports

12

and make such forms available to those persons required to file

13

such reports. Such report form shall include:

14

(1)  As to personnel:

15

(a)  The name, home address, job title, brief description

16

of duties and where they are performed, department or member

17

or members to whom assigned, the name of immediate supervisor

18

and minimum hours of employment per week of each employee.

19

(b)  The appropriation account from which such employee

20

is compensated, the amount of compensation and whether such

21

person is on salary, per diem or contract.

22

(2)  As to all other expenditures:

23

(a)  To whom it was paid, the amount thereof, and the

24

nature of the goods, services or other purpose for which the

25

expenditure was made.

26

(b)  The appropriation account from which the expenditure

27

was made and the name or names of the person or persons

28

requesting and/or authorizing the same.

29

[A copy of each such report shall also be filed with the

30

Special Committee on Internal Affairs and House Administration

- 13 -

 


1

for use in the performance of its duties under Rule 47(a).]

2

The reporting requirements as to personnel may be fulfilled

3

by the maintenance in the Office of the Chief Clerk of the House

4

of an alphabetized file containing the current information for

5

each employee as set forth above.

6

All monthly reports filed on disbursements made or debts

7

incurred by any officer or member or employee from

8

appropriations made to the House or to a member or nonmember

9

officer under any General Appropriation Act, and the

10

documentation for each disbursement, shall be public information

11

and shall be available [for public inspection during regular

12

business hours in the office of the Chief Clerk. The Chief Clerk

13

shall prescribe reasonable rules and regulations for inspection

14

of such reports but in no case shall inspection be denied to any

15

person for a period exceeding 48 hours (excluding Saturdays and

16

Sundays) from the time a written request has been submitted to

17

the Chief Clerk. Photocopies of such reports shall be made

18

available upon request to a member at no charge or to the public

19

for a duplication fee as may be fixed by the Chief Clerk. Such

20

reports shall be made available to a member or to the public on

21

or before the last day of the month next succeeding the month in

22

which the report was filed.] in accordance with the act of

23

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

24

All vouchers and requisitions relating to all expenditures,

25

expenses, disbursements and other obligations out of all

26

appropriated funds of the House, and the documentation

27

evidencing payment of the vouchers and requisitions, shall be

28

available [for public inspection during regular business hours

29

in the office of the Chief Clerk or at such other location

30

within the Capitol as the Chief Clerk shall prescribe. Nothing

- 14 -

 


1

in this rule shall permit release of any information deemed

2

confidential, including, but not limited to, a telephone number

3

or call history, a credit card number and a Social Security

4

number or a Federal or a State tax identification number.

5

All requests to review payroll and independent contractor

6

records of the House or any other vouchers or requisitions for

7

funds appropriated to the House shall be made to the Chief

8

Clerk, in writing, at least three working days prior to the date

9

on which the review is requested. The request shall be signed by

10

the party who will be making the review and it shall indicate

11

the name of the organization or entity employing such

12

individual. The Chief Clerk shall establish a time during normal

13

business hours for the review to occur and he shall provide that

14

the review shall not interfere with the necessary functioning of

15

the Chief Clerk's office.] in accordance with the Right-to-Know

16

Law.

17

All requests for reimbursement out of any appropriation shall

18

be accompanied by a voucher, or other documents where required,

19

evidencing payment or approval. All requests for reimbursement

20

out of any appropriation payable to a member, nonmember officer

21

or employee shall be void if not submitted within 90 days of the

22

date that the otherwise allowable expense is incurred for any

23

and all otherwise allowable expenses, including without

24

limitation, per diem, mileage and actual expenses incurred at

25

any time from [the adoption of this rule] March 17, 2007. Any

26

such void request for reimbursement may not be paid except

27

pursuant to a motion to suspend this rule for good cause

28

specific to the voided request for reimbursement. The voucher

29

form shall be approved and supplied by the Chief Clerk. Receipts

30

or documentation of every expenditure or disbursement which is

- 15 -

 


1

in excess of the maximum amount as set forth herein shall be

2

attached to the voucher. Where a request for payment is made in

3

advance of an expense actually incurred, the Chief Clerk, before

4

making such advance payment shall require a description

5

satisfactory to the Chief Clerk of the item or service to be

6

purchased or the expense to be incurred, and a receipt or other

7

documentation shall be given to the Chief Clerk after the item

8

or service has been purchased or expense incurred as evidence

9

that such advancement was in fact expended for such purpose.

10

All reports, vouchers and receipts from which reports are

11

prepared and filed shall be retained by the Chief Clerk, officer

12

or member, as the case may be, for such period of time as may be

13

necessary to enable the Legislative Audit Advisory Commission

14

created pursuant to the act of June 30, 1970 (P.L.442, No.151),

15

entitled "An act implementing the provisions of Article VIII,

16

section 10 of the Constitution of Pennsylvania, by designating

17

the Commonwealth officers who shall be charged with the function

18

of auditing the financial transactions after the occurrence

19

thereof of the Legislative and Judicial branches of the

20

government of the Commonwealth, establishing a Legislative Audit

21

Advisory Commission, and imposing certain powers and duties on

22

such commission," to conduct, through certified public

23

accountants appointed by it, annual audits to assure that such

24

disbursements made or debts incurred were in accordance with

25

Legislative Audit Advisory Commission guidelines and standards

26

as approved by the Committee on Rules, or for a minimum of three

27

years, whichever is longer. All annual audit reports shall be

28

available for public inspection. Photocopies of such reports

29

shall be available for a fee established by the Chief Clerk not

30

to exceed the cost of duplication.

- 16 -

 


1

Except as specifically prohibited by law or limited by this

2

rule, all expenditures of funds appropriated to the House or to

3

a member or nonmember officer shall be subject to the

4

expenditure guidelines established by the Rules Committee. The

5

Rules Committee shall establish standards regarding

6

documentation evidencing payment out of any appropriations

7

account made to the House or to a member or nonmember officer.

8

RULE 14 (a)

9

Employee Payroll Information

10

In accordance with the act of January 10, 1968 (1967 P.L.925,

11

No.417), referred to as the Legislative Officers and Employes

12

Law, the Chief Clerk shall compile, annually, on or prior to the

13

first day of February of each year, a complete list of employees

14

of the House of Representatives. The list shall include the full

15

name, job title, work address and name of immediate supervisor

16

of every employee of the House of Representatives and shall

17

include such information for every person employed for any

18

period of time during the preceding 12 months. In addition to

19

the information required under the Legislative Officers and

20

Employes Law, the list shall include the payroll wage

21

information for those House employees paid during the preceding

22

calendar year. The list shall be available for public inspection

23

in the Office of the Chief Clerk during regular business hours.

24

RULE 14 (b)

25

Electronic Availability of Reports

26

In addition to the other methods of availability under Rule

27

14, all expense reports [shall] may be provided electronically

28

by the Chief Clerk upon request.

29

RULE 15

30

Time of Meeting

- 17 -

 


1

The House shall convene on the first legislative day of the

2

week at 1:00 P.M. prevailing time, unless otherwise ordered by a

3

roll call vote of the majority of those elected to the House.

4

On other days the House shall convene at the discretion of

5

the House. No session of the House may begin before 8:00 A.M.

6

nor end after 11:00 P.M. unless exigent circumstances exist, as

7

determined by an affirmative vote of three-fourths of the

8

members elected to the House, by a roll call vote.

9

RULE 16

10

Quorum

11

A majority of the members shall constitute a quorum, but a

12

smaller number may adjourn from day to day and compel the

13

attendance of absent members. (Constitution, Article II, Section

14

10).

15

When less than a quorum vote on any question, the Speaker

16

shall forthwith order the doors of the House closed and the

17

names of the members present shall be recorded. If it is

18

ascertained a quorum is present, either by answering to their

19

names or by their presence in the House, the Speaker shall again

20

order the yeas and nays. If any member present refuses to vote,

21

refusal shall be deemed a contempt. Unless purged, the House may

22

order the Sergeant-at-Arms to remove the member or members

23

without the bar of the House. All privileges of membership shall

24

be refused the member or members so offending until the contempt

25

is purged.

26

RULE 17

27

Order of Business

28

The daily order of business shall be:

29

(1)  Prayer by the Chaplain.

30

(2)  Pledge of Allegiance.

- 18 -

 


1

(3)  Correction and approval of the Journal.

2

(4)  Leaves of absence.

3

(5)  Master Roll Call.

4

(6)  Reports of Committee.

5

(7)  First consideration bills.

6

(8)  Second consideration bills.

7

(9)  Third consideration bills, final passage bills

8

(including both third consideration and final passage postponed

9

bills) and resolutions.

10

(10)  Final passage bills recalled from the Governor.

11

(11)  Messages from the Senate and communications from the

12

Governor.

13

(12)  Reference to appropriate committees of bills,

14

resolutions, petitions, memorials, remonstrances and other

15

papers.

16

(13)  Unfinished business on the Speaker's table.

17

(14)  Announcements.

18

(15)  Adjournment.

19

Any question may, by a majority vote of the members elected,

20

be made a special order of business. When the time arrives for

21

its consideration, the Speaker shall lay the special order of

22

business before the House.

23

In lieu of offering House Resolutions on topics of importance

24

to members, any member, without unanimous consent, may address

25

the House on such issue and have his or her remarks entered into

26

the record during a special period of time established each week

27

by the Speaker at the conclusion of House business on a specific

28

day.

29

RULE 18

30

Introduction and Printing of Bills

- 19 -

 


1

Bills shall be introduced in quadruplicate, signed and dated

2

by each member who is a sponsor of the bill, and filed with the

3

Chief Clerk on any day that the offices of the House of

4

Representatives are open for business. A sponsor may be added or

5

withdrawn upon written notice to the Speaker, Majority Leader,

6

Minority Leader and the prime sponsor. In the case of

7

withdrawals, the names shall be withdrawn if and when the bill

8

is reprinted. Additional sponsors may be added only by the prime

9

sponsor by providing written notice to the Speaker, Majority

10

Leader and Minority Leader.

11

Bills introduced when received at the Chief Clerk's desk

12

shall be numbered consecutively and delivered to the Speaker,

13

who shall refer each bill to an appropriate committee on any day

14

whether or not the House is in session. If the resolution

15

creating a select committee authorizes the referral of bills to

16

that committee, the Speaker may refer bills, within the scope of

17

the resolution, to such select committee. Insofar as applicable,

18

the select committee shall consider and report bills in

19

accordance with the rules governing the consideration and

20

reporting of bills by standing committees. The Speaker shall

21

report to the House the committees to which bills have been

22

referred, either on the day introduced or received or on the

23

next two legislative days the House is in session, unless the

24

House is in recess for more than four consecutive days in which

25

case the Speaker shall provide a list to the Majority Leader and

26

the Minority Leader, within two calendar days, of all bills

27

which were referred during such period when the House was not in

28

session.

29

If the Speaker neglects or refuses to refer to committee any

30

bill or bills (whether House or Senate) as above after

- 20 -

 


1

introduction or presentation by the Senate for concurrence, any

2

member may move for the reference of the bill to an appropriate

3

committee. If the motion is carried, said bill or bills shall be

4

immediately surrendered by the Speaker to the committee

5

designated in said motion.

6

The first copy of each bill introduced shall be for the

7

committee, the second copy shall be for the printer, the third

8

copy shall be for the news media and the fourth copy shall be

9

for the Legislative Reference Bureau.

10

Every bill, after introduction and reference to committee,

11

shall be printed and shall also be posted on the Internet with

12

the hyperlink to the web page for the members of the House of

13

Representatives.

14

Bills may not be withdrawn after reference to committee.

15

RULE 19

16

Bills Referred to Committees

17

No bill shall be considered unless referred to a committee,

18

printed for the use of the members and returned therefrom.

19

(Constitution, Article III, Section 2).

20

RULE 19 (a)

21

Fiscal Notes

22

(1)  No bill, except a General Appropriation bill or any

23

amendments thereto, which may require an expenditure of

24

Commonwealth funds or funds of any political subdivision or

25

which may entail a loss of revenues overall, or to any

26

separately established fund shall be given third consideration

27

reading on the calendar until it has first been referred to the

28

Appropriations Committee for a fiscal note, provided however

29

that the Rules Committee may by an affirmative vote of three-

30

quarters of the entire membership to which such committee is

- 21 -

 


1

entitled:

2

(a)  Waive the recommittal to the Appropriations

3

Committee and provide that the fiscal note be attached to the

4

bill while on the active calendar. The providing of such note

5

shall be a priority item for the Appropriations Committee; or

6

(b)  Waive the necessity of a fiscal note on any bill

7

which it deems to have a de minimis fiscal impact or which

8

merely authorizes, rather than mandates, an increase in

9

expenditures or an action that would result in a loss of

10

revenue.

11

(2)  Nothing herein shall preclude any member from moving, at

12

the proper time, the recommittal of any bill to the

13

Appropriations Committee for a fiscal note.

14

(3)  The Appropriations Committee shall be limited in its

15

consideration of any such bill to the fiscal aspects of the bill

16

and shall not consider the substantive merits of the bill nor

17

refuse to report any such bill from committee for reasons other

18

than fiscal aspects. The fiscal note shall accompany the bill

19

and provide the following information in connection with the

20

Commonwealth and its political subdivisions:

21

(a)  The designation of the fund out of which the

22

appropriation providing for expenditures under the bill shall

23

be made;

24

(b)  The probable cost of the bill for the fiscal year of

25

its enactment;

26

(c)  A projected cost estimate of the program for each of

27

the five succeeding fiscal years;

28

(d)  The fiscal history of the program for which

29

expenditures are to be made;

30

(e)  The probable loss of revenue from the bill for the

- 22 -

 


1

fiscal year of its enactment;

2

(f)  A projected loss of revenue estimate from the bill

3

for each of the five succeeding fiscal years;

4

(g)  The line item, if any, of the General Fund, special

5

fund or other account out of which expenditures or losses of

6

Commonwealth funds shall occur as a result of the bill;

7

(h)  The recommendation, if any, of the Appropriations

8

Committee and the reasons therefor relative to the passage or

9

defeat of the bill; and

10

(i)  A reference to the source of the data from which the

11

foregoing fiscal information was obtained, and an explanation

12

of the basis upon which it is computed.

13

(4)  No bill which may result in an increase in the

14

expenditure of Commonwealth funds shall be given third

15

consideration reading on the calendar until the Appropriations

16

Committee has certified that provision has been made to

17

appropriate funds equal to such increased expenditure. Whenever

18

the Appropriations Committee cannot so certify, the bill shall

19

be returned to the committee from which it was last reported for

20

further consideration and/or amendment.

21

(5)  No amendment to a bill, concurrences in Senate

22

amendments, or adoption of a conference report which may result

23

in an increase in the expenditure of Commonwealth funds or those

24

of a political subdivision or which may entail a loss of

25

revenues in addition to that originally provided for in the bill

26

prior to the proposed changes nor any bill requiring a fiscal

27

note for which re-referral to the Appropriations Committee has

28

been waived by the Rules Committee shall be voted upon until a

29

fiscal note is available for distribution to the members with

30

respect to such changes or to such bill showing the fiscal

- 23 -

 


1

effect of the changes with respect to the bill, and containing

2

the information set forth by subsection (3) of this rule.

3

(6)  When an amendment or certificate is timely filed with

4

the amendment clerk under Rule 21, the amendment or certificate

5

shall be forwarded to the Appropriations Committee. Upon receipt

6

of an amendment, the Appropriations Committee shall

7

automatically prepare a fiscal note.

8

(7)  In obtaining the information required by these rules,

9

the Appropriations Committee may utilize the services of the

10

Office of the Budget and any other State agency as may be

11

necessary.

12

(8)  Any bill proposing any change relative to the retirement

13

system of the Commonwealth or any political subdivision thereof,

14

funded in whole or in part out of the public funds of the

15

Commonwealth or any political subdivision, shall have attached

16

to it an actuarial note. Except for the provisions pertaining to

17

the content of fiscal notes as set forth in paragraphs (a)

18

through (i) of subsection (3), all the provisions pertaining to

19

and procedures required of bills containing fiscal notes, shall,

20

where applicable, also be required for bills containing

21

actuarial note. The actuarial note shall contain a brief

22

explanatory statement or note which shall include a reliable

23

estimate of the financial and actuarial effect of the proposed

24

change in any such retirement system.

25

RULE 19 (b)

26

General Appropriation Bill and Non-Preferred Bills

27

This rule shall apply to all amendments offered to the

28

General Appropriation Bill for each proposed fiscal year

29

including any amendments offered to or for supplemental

30

appropriations to prior fiscal years contained within the

- 24 -

 


1

General Appropriation Bill, and shall also apply to all

2

amendments offered to any non-preferred appropriation bill for

3

the same fiscal year.

4

Any amendment offered on the floor of the House to the

5

General Appropriation Bill that proposes to increase spending of

6

State dollars for the Commonwealth's proposed fiscal year or

7

prior fiscal years above the levels contained in the General

8

Appropriation Bill as reported from the Appropriations Committee

9

plus any aggregate if certified each year by the Appropriations

10

Committee shall not be in order and may not be considered unless

11

the same amendment contains sufficient reductions in line items

12

of that General Appropriation Bill so that the amendment offered

13

does not result in a net increase in the total proposed spending

14

contained within the General Appropriation Bill plus any

15

aggregate if certified by the Appropriations Committee.

16

Any amendment offered on the floor of the House to any non-

17

preferred appropriation bill that proposes to increase spending

18

of State dollars for the current fiscal year above the levels

19

contained in that non-preferred appropriation bill as reported

20

from the Appropriations Committee shall not be in order and may

21

not be considered unless the same amendment contains sufficient

22

reductions in that non-preferred appropriation bill so that the

23

amendment offered does not result in a net increase in the total

24

proposed spending contained within that non-preferred

25

appropriation bill.

26

In order to be considered, amendments to the General

27

Appropriation Bill must be submitted to the Office of the Chief

28

Clerk by 2:00 P.M. of the Monday of the week prior to the

29

scheduled vote of the General Appropriation Bill. The

30

Appropriations Committee for special and proper reason and by

- 25 -

 


1

majority vote, may waive this deadline. Members shall be

2

notified of the scheduled vote on the General Appropriation Bill

3

no later than 4:30 P.M. of the Wednesday preceding the above

4

noted Monday on which the amendments must be filed to the Bill.

5

Rule 21 of the Rules of the House, insofar as it applies to the

6

filing deadline for amendments and notice requirements for the

7

voting schedule for the General Appropriation Bill, shall not

8

apply to this rule. Rule 21 shall, however, apply to the non-

9

preferred appropriation bills.

10

If the amendment cannot be submitted in accordance with the

11

provision of the previous paragraph because it is still being

12

prepared by the Legislative Reference Bureau, the member must,

13

by 2:00 P.M. on the Monday of the week prior to the scheduled

14

vote, provide the Office of the Chief Clerk with a statement,

15

prepared by the member containing the factual content and exact

16

amounts of increases and decreases in line items which would be

17

proposed in the amendment, along with certification from the

18

Legislative Reference Bureau that the amendment was submitted to

19

the Legislative Reference Bureau prior to 2:00 P.M. on the

20

aforementioned Monday. This filing deadline does not apply to

21

amendments to any non-preferred appropriation bill.

22

Debate on any debatable question related to the General

23

Appropriation Bill or a nonpreferred appropriation bill shall be

24

limited to five minutes each time a member is recognized. On the

25

bill a sponsor of an amendment shall be entitled to be

26

recognized twice, a maker of a debatable motion shall be

27

entitled to be recognized twice, any other members shall be

28

entitled to be recognized once.

29

This rule may be temporarily suspended only by two-thirds

30

vote of the members elected to the House by a roll call vote.

- 26 -

 


1

RULE 20

2

Bills Confined to One Subject

3

No bill shall be passed containing more than one subject,

4

which shall be clearly expressed in its title, except a general

5

appropriation bill or a bill codifying or compiling the law or a

6

part thereof. (Constitution, Article III, Section 3).

7

RULE 21

8

Consideration of Bills

9

(a)  Every bill and every joint resolution shall be

10

considered on three different days. All amendments made thereto

11

shall be printed for the use of the members before the final

12

vote is taken thereon, and before the final vote is taken, upon

13

written request addressed to the presiding officer by at least

14

25% of the members elected to the House, any bill shall be read

15

at length. No bill shall become law and no joint resolution

16

adopted unless, on its final passage, the vote is taken by yeas

17

and nays, the names of the persons voting for and against it are

18

entered on the Journal, and a majority of the members elected to

19

the House is recorded thereon as voting in its favor.

20

(Constitution, Article III, Section 4).

21

(b)  Members shall be notified of bills and resolutions

22

scheduled to be voted no later than prior to the close of

23

business at 4:30 P.M. of the second legislative day prior to the

24

date of second consideration and prior to the date of third

25

consideration for legislation that has no legal deadline. (The

26

General Appropriation Act and non-preferred bills are included

27

within the definition of legislation that has no legal

28

deadline.) Except as provided in subsection (d), all amendments

29

shall be submitted to the Office of the Chief Clerk by 2:00 P.M.

30

of the last legislative day preceding the scheduled date of

- 27 -

 


1

consideration. A change in the printer's number as a result of

2

third consideration shall not require an additional notice of

3

final passage. No vote on final passage can occur before the

4

date of the scheduled vote.

5

(c)  If the amendment cannot be submitted in accordance with

6

the above paragraph because it is still being prepared by the

7

Legislative Reference Bureau, the member must provide the Office

8

of the Chief Clerk with a statement, by the above-noted 2:00

9

P.M. deadline, prepared by the member containing the factual

10

content of said amendment along with certification from the

11

Legislative Reference Bureau that the amendment was submitted to

12

the Legislative Reference Bureau for drafting prior to the

13

above-noted 2:00 P.M. deadline.

14

(d)  In cases where an amendment alters a bill so as to

15

effectively rule out of order an amendment which was timely

16

filed pursuant to the provisions of this rule, a replacement

17

amendment may be submitted to the Office of the Chief Clerk

18

provided that the subject matter of the replacement amendment is

19

not substantially different from the intent of the original

20

amendment. The replacement amendment shall be deemed to have met

21

the timely filed conditions provided for in this rule. The

22

member shall notify the Speaker of the member's intent to file a

23

replacement amendment and shall file a certificate with the

24

Office of the Chief Clerk. The bill in question may continue to

25

receive consideration but shall not be moved to third

26

consideration until the replacement amendment is available for a

27

vote. If consideration of the bill is delayed to a new

28

legislative day due solely to delay in receipt of replacement

29

amendments, then only amendments timely filed for the date of

30

the originally scheduled vote and replacement amendments shall

- 28 -

 


1

be considered. This limitation on amendments shall not apply to

2

the bill in question if consideration of the bill is rescheduled

3

beyond the new legislative day.

4

(e)  Members shall be notified no later than 24 hours prior

5

to the consideration of all bills on concurrence. A brief

6

description of every bill on concurrence shall be given prior to

7

a vote. Additionally, members shall be notified and conference

8

committee reports shall be available to members at least 24

9

hours prior to the adoption of all conference committee reports.

10

When these reports are considered on the first legislative day

11

of the week, said notice shall be provided no later than the

12

close of business on the last business day preceding the vote.

13

RULE 22

14

First Consideration Bills

15

Bills reported from committees shall be considered for the

16

first time when reported and shall then be automatically removed

17

from the calendar and laid on the table, except House bills

18

reported from committees after the first Monday in June until

19

the first Monday in September which shall then be automatically

20

recommitted to the Committee on Rules. The Rules Committee shall

21

not in any instance have the power to amend a bill which has

22

been reported by another committee.

23

After the first Monday in September, any bill which was

24

automatically recommitted to the Committee on Rules pursuant to

25

this rule shall automatically be re-reported to the floor of the

26

House and laid on the table.

27

Any bill which was automatically laid on the table pursuant

28

to this rule and has remained on the table for 15 legislative

29

days shall automatically be removed from the table and returned

30

to the calendar for second consideration the next legislative

- 29 -

 


1

day.

2

Any bill which was automatically laid on the table pursuant

3

to this rule may be removed from the table by motion of the

4

Majority Leader, or a designee, acting on a report of the

5

Committee on Rules. Such report shall be in writing and a copy

6

thereof distributed to each member. Any bill so removed from the

7

table shall be placed on the second consideration calendar on

8

the legislative day following such removal. Nothing herein shall

9

affect the right of any member to make a motion to remove a bill

10

from the table.

11

Amendments shall not be proposed, nor is any other motion in

12

order on first consideration.

13

Bills shall not be considered beyond first consideration

14

until the latest print thereof is on the desks of the members.

15

Any noncontroversial bill, which is defined as any bill,

16

other than an appropriations bill, approved by a committee with

17

no negative votes or abstentions, and with the approval of the

18

Majority Leader and the Minority Leader, shall be placed on an

19

uncontested calendar. Bills on the uncontested calendar shall be

20

voted upon by a single roll-call vote. Each bill listed on the

21

uncontested calendar will be printed separately in the journal

22

with the vote recorded on the approval of the uncontested

23

calendar as the vote on final passage of each bill contained

24

therein.

25

If any member should object to the placement of a bill on the

26

uncontested calendar, the bill shall be automatically removed

27

from the uncontested calendar and placed on the regular calendar

28

the next legislative day.

29

RULE 23

30

Second Consideration Bills

- 30 -

 


1

Bills on second consideration shall be considered in their

2

calendar order and shall be subject to amendment.

3

No House bill on second consideration shall be considered

4

until called up by a member.

5

RULE 24

6

Third Consideration and Final Passage Bills

7

Bills on third consideration shall be considered in their

8

calendar order and shall be subject to amendment only when an

9

amendment is necessary to make the document internally

10

consistent, to clear up an ambiguity, to correct grammar or to

11

correct a drafting error or is necessary for purposes of

12

statutory construction. An amendment under this paragraph shall

13

not be subject to the filing deadlines under Rule 21. A bill

14

having received consideration by the House on three different

15

days and having been agreed to may be called by the Speaker to

16

receive action on final passage; however, a bill may not receive

17

action on final passage until at least 24 hours have elapsed

18

from the time the bill was amended unless the amendment was a

19

technical amendment permitted under the first paragraph of this

20

rule. Upon being called to receive action on final passage, the

21

title and a brief description of a bill shall be read. A bill on

22

final passage shall not be subject to amendment, but shall be

23

subject to debate. At the conclusion of debate, the Speaker

24

shall then state the question as follows:

25

"This bill has been considered on three different days and

26

agreed to and is now on final passage. The question is, shall

27

the bill pass finally? Agreeable to the provision of the

28

Constitution, the yeas and nays will now be taken." When more

29

than one bill shall be called for action on final passage at the

30

same time, prior to voting, the title or a brief analysis of

- 31 -

 


1

each bill shall be read.

2

The Speaker shall then state the question as follows:

3

"These bills have been considered on three different days and

4

agreed to and are now on final passage. The question is, shall

5

the bills on the uncontested calendar pass finally? Agreeable to

6

the provision of the Constitution, the yeas and nays will now be

7

taken."

8

RULE 25

9

Defeated Bills

10

When a bill or resolution has been defeated by the House, it

11

shall not be reintroduced, or, except as provided in Rule 26, be

12

reconsidered, nor shall it be in order to consider a similar

13

one, or to act on a Senate bill or resolution of like import,

14

during the same session.

15

RULE 26

16

Reconsideration

17

A motion to reconsider the vote by which a bill, resolution

18

or other matter was passed or defeated shall be made in writing

19

by two members. The motion shall be in order only under the

20

order of business in which the vote proposed to be reconsidered

21

occurred and shall be decided on a roll-call vote by a majority

22

vote. No motion to reconsider shall be in order when the bill,

23

resolution or other matter is no longer in the possession of or

24

is not properly before the House.

25

A motion to reconsider any such vote must be made on the same

26

day on which the initial vote was taken or within the succeeding

27

five days in which the House is in session, provided such bill,

28

resolution or other matter is still in the possession of or is

29

properly before the House.

30

When a motion to reconsider any such vote is made within the

- 32 -

 


1

aforesaid time limits and is decided by the affirmative vote

2

prescribed herein, the question immediately recurs on the bill,

3

resolution or other matter reconsidered.

4

Where a bill, resolution or other matter has been initially

5

defeated and a motion to reconsider is not timely made, then

6

such bill, resolution or other matter shall carry the status of

7

"defeated finally" and not properly before the House. Therefore,

8

it shall not be in order to entertain a motion to reconsider any

9

such vote.

10

Where a timely made motion to reconsider is lost, it shall

11

not be in order to again entertain a motion to reconsider any

12

such vote, even though such second motion to reconsider is

13

timely made.

14

Where a bill, resolution, or other matter has been initially

15

defeated, and a timely made motion to reconsider the vote is

16

lost, or if no motion to reconsider the vote was timely made,

17

then it shall not be in order for the House thereafter to

18

receive or consider a new bill, resolution or other matter

19

embracing therein a subject or purpose basically identical to or

20

of similar import to the subject matter or purpose of the bill,

21

resolution or matter initially defeated.

22

The vote on a bill or resolution recalled from the Governor

23

may be reconsidered at any time after the bill or resolution has

24

been returned to the House.

25

No bill, resolution or other matter may be reconsidered more

26

than twice on the same legislative day.

27

RULE 27

28

Amendments

29

No bill shall be amended so as to change its original

30

purpose. (Constitution, Article III, Section 1).

- 33 -

 


1

No motion or proposition on a subject different from that

2

under consideration shall be admitted under color of amendment.

3

Any member may move to amend a bill or resolution, provided

4

the proposed amendment is germane to the subject. Questions

5

involving whether an amendment is germane to the subject shall

6

be decided by the House.

7

No amendment to an amendment shall be admitted nor

8

considered.

9

The sponsor of an amendment shall explain the amendment prior

10

to consideration by the House.

11

Before consideration, nine typewritten copies of a proposed

12

amendment signed by its sponsor shall be presented to the

13

Speaker, one copy of which shall be delivered to the news media

14

and a printed copy in typewritten form prepared by the

15

Legislative Reference Bureau shall be placed on the desk of each

16

member if the amendment is not available on the Legislative Data

17

Processing floor system.

18

Amendments adopted or defeated may not be considered again

19

without first reconsidering the vote.

20

RULE 28

21

Bills Amending Existing Law

22

Bills amending existing law shall indicate present language

23

to be omitted by placing it within brackets and new language to

24

be inserted by underscoring. (Constitution, Article III, Section

25

6).

26

RULE 29

27

Form for Printing Amendments

28

In printing amendments to bills and resolutions, all new

29

matter added shall be in CAPITAL LETTERS, and matter to be

30

eliminated shall be indicated by strike-out type.

- 34 -

 


1

In reprinting House bills previously amended by the House and

2

in reprinting Senate bills previously amended by the Senate, but

3

not in Senate bills previously amended by the House, all matters

4

appearing in strike-out type shall be dropped from the new print

5

and all matter appearing in CAPITAL LETTERS shall be reset in

6

lower case Roman type.

7

RULE 30

8

Bills Amended by the Senate

9

When a bill or joint resolution has been amended by the

10

Senate and returned to the House for concurrence, it shall be

11

referred automatically to the Committee on Rules immediately

12

upon the reading of the message from the Senate by the Clerk.

13

The Committee on Rules shall not have the power to amend any

14

bill or joint resolution containing Senate amendments, except

15

that the Committee on Rules, by a majority vote of the members

16

appointed to the committee, may revert to the printer's number

17

of the bill or joint resolution which last passed the House.

18

When said bill or resolution has been favorably reported by

19

the Committee on Rules, either as committed or as last passed

20

the House, said bill or joint resolution shall be placed on the

21

calendar. When acting on bills or joint resolutions amended by

22

the Senate, the bill and the amendments, if any shall be read

23

and the question put on the concurrence in the amendments.

24

Any two members may object to the report of any bill or joint

25

resolution included in a report of the Committee on Rules on the

26

basis that the adoption of an amendment to the bill or joint

27

resolution exceeded the limitation upon the power of the

28

Committee on Rules to amend bills and joint resolutions amended

29

by the Senate. The objection must be raised prior to the bill or

30

joint resolution being put to a roll call vote. The question

- 35 -

 


1

shall be decided by a majority vote of the members elected to

2

the House. If the House rejects the report of any such bill or

3

joint resolution, the bill or joint resolution shall be deemed

4

reported from the Committee on Rules as committed and shall be

5

placed on the calendar.

6

The House shall not consider any proposed amendment to any

7

amendment made by the Senate to a bill or joint resolution, nor

8

consider any amendment to any amendment made by the Committee on

9

Rules.

10

A majority vote of the members elected to the House taken by

11

yeas and nays shall be required to concur in amendments made by

12

the Senate, except for appropriations to charitable and

13

educational institutions not under the absolute control of the

14

Commonwealth, where a vote of two-thirds of all the members

15

elected to the House shall be required to concur. (Constitution,

16

Article III, Sections 5 and 30).

17

RULE 31

18

Bills Vetoed by the Governor

19

When the Governor has returned a bill to the House with

20

objections, the veto message shall be read and the House shall

21

proceed to reconsider it. (Constitution, Article IV, Section

22

15).

23

RULE 32

24

Hospital and Home Appropriations or

25

Acquiring Lands of the Commonwealth

26

No bills appropriating moneys to State-aided hospitals or

27

State-aided homes shall be introduced in the House, except such

28

as appropriate in single bills the total sum to be appropriated

29

to all of the institutions within the same class or group.

30

Requests for appropriations for particular State-aided hospitals

- 36 -

 


1

or State-aided homes shall be filed with the Chair of the

2

Committee on Appropriations on forms to be furnished by the said

3

Committee on Appropriations, and shall be signed by the member

4

requesting the appropriation.

5

No bill granting or conveying Commonwealth lands or taking

6

title thereto shall be reported by any committee to the House

7

unless there has been filed with the Chief Clerk and the chair

8

of the reporting committee a memorandum from the Department of

9

General Services indicating the use to which the property is

10

presently employed, the full consideration for the transfer, if

11

any, a departmental appraisal of the property, including its

12

valuation and a list of recorded liens and encumbrances, if any,

13

the use to which the property will be employed upon its

14

transfer, the date by which the land is needed for its new use,

15

and the legislative district or districts in which the land is

16

located. The memorandum shall contain a statement by a

17

responsible person in the Department of General Services

18

indicating whether or not the administration favors the transfer

19

which is the subject of the bill under consideration.

20

RULE 33

21

Special Legislation

22

No local or special bill shall be passed by the House unless

23

notice of the intention to apply therefor has been published in

24

the locality where the matter or the thing to be affected may be

25

situated, which notice shall be at least 30 days prior to the

26

introduction into the General Assembly of such bill and in the

27

manner provided by law; the evidence of such notice having been

28

published shall be exhibited in the General Assembly before the

29

act shall be passed. (Constitution, Article III, Section 7).

30

No local or special bill shall be considered in violation of

- 37 -

 


1

Article III, Section 32, of the Constitution.

2

RULE 34

3

Nonpreferred Appropriations

4

No bill shall be passed appropriating money to any charitable

5

or educational institution not under absolute control of the

6

Commonwealth, except by a vote of two-thirds of all members

7

elected. (Constitution, Article III, Section 17).

8

RULE 35

9

House and Concurrent Resolutions

10

Members introducing resolutions other than concurrent

11

resolutions shall file five copies thereof; seven copies of

12

concurrent resolutions shall be filed. All resolutions shall be

13

signed by their sponsors, dated and filed with the Chief Clerk.

14

After being numbered, one copy of all resolutions shall be given

15

to the news media and all other copies delivered to the Speaker.

16

A sponsor may not be added or withdrawn after a resolution has

17

been printed. Resolutions may not be withdrawn after reference

18

to a committee.

19

Unless privileged under Rule 36 for immediate consideration

20

or deemed noncontroversial by the Speaker in consultation with

21

the Majority Leader and the Minority Leader, the Speaker shall

22

refer House resolutions (except discharge resolutions) and

23

Senate resolutions presented to the House for concurrence to

24

appropriate committees.

25

House resolutions deemed noncontroversial by the Speaker,

26

including, but not limited to, condolence and congratulatory

27

resolutions, shall be considered under the proper order of

28

business on the same day as introduced or within two legislative

29

days thereafter without being referred to committee.

30

The Speaker shall report to the House the committees to which

- 38 -

 


1

resolutions have been referred, either on the day introduced or

2

received or the next two legislative days the House is in

3

session.

4

A resolution introduced in the House and referred to

5

committee shall be printed and placed in the House files.

6

When a resolution (House or Senate) is reported from

7

committee, it shall be placed on the calendar and may be called

8

up by a member for consideration by the House under the order of

9

business of resolutions. A House resolution other than a

10

concurrent or joint resolution shall be adopted by a majority of

11

the members voting.

12

RULE 36

13

Privileged Resolutions

14

Resolutions privileged for the immediate consideration of the

15

House are those:

16

(1)  Recalling from or returning bills to the Governor.

17

(2)  Recalling from or returning bills to the Senate.

18

(3)  Originated by the Committee on Rules.

19

(4)  Providing for a Joint Session of the Senate and House

20

and its procedure.

21

(5)  Placing bills negatived by committees on the calendar.

22

(6)  Adjournment or recess.

23

RULE 37

24

Legislative Citation

25

A member making a request that a Legislative Citation be

26

issued to a particular person or on a specified occasion shall

27

provide the Legislative Reference Bureau with the facts

28

necessary for the preparation of the citation on a suitable

29

form.

30

The citation request shall be filed with the Chief Clerk and

- 39 -

 


1

automatically referred to the Speaker who may approve and sign

2

such citation on behalf of the House of Representatives.

3

One original citation shall be issued by the Chief Clerk.

4

RULE 38

5

Sine Die and Final Introduction of Bills

6

Resolutions fixing the time for adjournment of the General

7

Assembly sine die and the last day for introduction of bills in

8

the House shall be referred to the Committee on Rules before

9

consideration by the House.

10

During the period of time between a general election and the

11

adjournment of the House of Representatives sine die, Rule 77

12

may not be invoked to suspend Rule 21 or any part of this rule.

13

RULE 39

14

Petitions, Remonstrances and Memorials

15

Petitions, remonstrances, memorials and other papers

16

presented by a member shall be signed, dated and filed with the

17

Chief Clerk to be handed to the Speaker for reference to

18

appropriate committees.

19

The Speaker shall report to the House the committees to which

20

petitions, remonstrances, memorials and other papers have been

21

referred, not later than the next day the House is in session

22

following the day of filing.

23

RULE 40

24

Messages

25

Messages from the Senate and communications from the Governor

26

shall be received and read in the House within one legislative

27

day thereafter.

28

All House and Senate bills shall be delivered to the Senate

29

with appropriate messages no later than the close of the next

30

legislative day of the Senate which follows the fifth

- 40 -

 


1

legislative day after which the House acted on such bill.

2

All House bills returned by the Senate after final passage

3

therein without amendment, and all conference committee reports

4

on House bills received from the Senate and adopted by the

5

House, shall be signed by the Speaker within one legislative day

6

after receipt or adoption, respectively, and shall be delivered

7

to the Senate before the close of the next legislative day of

8

the Senate.

9

All House bills and all conference committee reports on House

10

bills signed by the Speaker shall be delivered to the Governor

11

within 24 hours after return from the Senate with the signature

12

of the appropriate Senate officer.

13

RULE 41

14

Kind and Rank of Committee

15

The Committees of the House shall be of four kinds and rank

16

in the order named:

17

(1)  Committee of the Whole House.

18

(2)  Standing Committees.

19

(3)  Select Committees.

20

(4)  Conference Committees.

21

RULE 42

22

Committee of the Whole

23

The House may resolve itself into a Committee of the Whole at

24

any time on the motion of a member adopted by a majority vote of

25

the House.

26

In forming the Committee of the Whole, the Speaker shall

27

leave the chair, after appointing a Chair to preside.

28

The rules of the House shall be observed in the Committee of

29

the Whole as far as applicable, except that a member may speak

30

more than once on the same question.

- 41 -

 


1

A motion to adjourn, to lay on the table, or for the previous

2

question cannot be put in the Committee of the Whole; but a

3

motion to limit or close debate is permissible.

4

A motion that the Committee of the Whole "do now rise and

5

report back to the House," shall always be in order, and shall

6

be decided without debate.

7

Amendments made in the Committee of the Whole shall not be

8

read when the Speaker resumes the Chair, unless so ordered by

9

the House.

10

RULE 43

11

Standing Committees and Subcommittees

12

The Committee on Committees shall consist of the Speaker and

13

15 members of the House, ten of whom shall be members of the

14

majority party and five of whom shall be members of the minority

15

party, whose duty shall be to recommend to the House the names

16

of members who are to serve on the standing committees of the

17

House. Except for the Speaker, the Majority and Minority

18

Leaders, Whips, Caucus Chairs, Caucus Secretaries, Caucus

19

Administrators, Policy Chairs and the chairs and minority chairs

20

of standing committees, each member shall be entitled to serve

21

on not less than two standing committees.

22

The Speaker shall appoint the chair and vice-chair of each

23

standing committee when such standing committee has no standing

24

subcommittees as prescribed herein, except the Committee on

25

Appropriations which shall also have a vice-chair appointed by

26

the Speaker; when the standing committee has standing

27

subcommittees, the Speaker shall appoint a subcommittee chair

28

for each standing subcommittee. The Speaker shall appoint a

29

secretary for each standing committee. The Minority Leader shall

30

appoint the minority chair, minority vice-chair and minority

- 42 -

 


1

secretary of each standing committee and the minority

2

subcommittee chair for each standing subcommittee.

3

Except for members who decline chair status or minority chair

4

status in writing or who are barred from serving as a chair or

5

minority chair under this rule, the chair and minority chair of

6

each standing committee except the Appropriations Committee

7

shall be limited only to the members of the applicable caucus

8

with the most seniority as members of their respective caucus.

9

Whenever there are more caucus members with equal seniority than

10

available chairs or minority chairs for that caucus, the

11

selection of a chair or minority chair from among such caucus

12

members shall be in the discretion of the appointing authority.

13

The appointing authority may designate the standing committee to

14

which the appointing authority shall appoint a member as chair

15

or minority chair without regard to seniority. The Speaker and

16

the Floor Leader, Whip, Caucus Chair, Caucus Secretary, Caucus

17

Administrator and Policy Chair of the majority party and

18

minority party shall not be eligible to serve as chair or

19

minority chair of any standing committee and no member may serve

20

as chair or minority chair of more than one standing committee.

21

Any chair or minority chair held by a member who fails to

22

meet the requirements of this rule shall become vacant by

23

automatic operation of this rule. If the appointing authority

24

fails to make an appointment of a chair or minority chair prior

25

to the organizational meeting of a standing committee or fails

26

to fill a vacancy within seven calendar days after it occurs,

27

such position shall be deemed to remain vacant in violation of

28

this rule. Whenever a chair or minority chair becomes vacant or

29

remains vacant in violation of this rule, the member of the

30

applicable caucus who meets the requirements of this rule shall

- 43 -

 


1

automatically fill the vacancy and, if there are two or more

2

such eligible caucus members for any such vacancy or vacancies,

3

they shall be filled from among such eligible members through a

4

lottery to be conducted under the supervision of the Chief Clerk

5

after giving notice of the time and place thereof to all

6

eligible members, to the Speaker, to the Majority Leader and to

7

the Minority Leader.

8

Nothing in this rule shall prohibit the appointing authority

9

from transferring a member from the chair or minority chair of a

10

standing committee to the chair or minority chair of another

11

standing committee.

12

Whenever the appointment of a chair or minority chair will

13

cause the applicable caucus to exceed its permissible allocation

14

of members on a standing committee, the appointing authority

15

shall make a temporary transfer of an eligible committee member

16

to the standing committee vacated by the member appointed as

17

chair or minority chair until a regular committee appointment

18

can be made in accordance with the rules of the House. If the

19

Speaker or Minority Leader fails to make a temporary transfer

20

within seven calendar days after such appointment, the committee

21

member with the least seniority, who is eligible for transfer,

22

shall be automatically transferred to the committee vacated by

23

the newly appointed chair or minority chair and, if more than

24

one committee member is eligible for such transfer, the transfer

25

shall be implemented through a lottery conducted under the

26

supervision of the Chief Clerk.

27

The Speaker of the House, Floor Leader of the majority party

28

and the Floor Leader of the minority party shall be ex-officio

29

members of all standing committees, without the right to vote

30

and they shall be excluded from any limitation as to the number

- 44 -

 


1

of members on the committees or in counting a quorum.

2

Twenty-four standing committees of the House, each to consist

3

of members except the Committee on Appropriations, which shall

4

consist of members, are hereby created. In addition, there are

5

hereby created 43 standing subcommittees.

6

All standing committees shall consist of members of the

7

majority party and members of the minority party, except the

8

Committee on Appropriations which shall consist of members of

9

the majority party and members of the minority party. The quorum

10

for each of the standing committees and subcommittees shall be

11

no less than the majority of said committees. The following are

12

the standing committees and subcommittees thereof:

13

(1)  Aging and Older Adult Services

14

(a)  Subcommittee on Care and Services

15

(b)  Subcommittee on Programs and Benefits

16

(2)  Agriculture and Rural Affairs

17

(3)  Appropriations

18

(a)  Subcommittee on Health and Welfare

19

(b)  Subcommittee on Education

20

(c)  Subcommittee on Economic Impact and Infrastructure

21

(d)  Subcommittee on Fiscal Policy

22

(4)  Children and Youth

23

(5)  Commerce

24

(a)  Subcommittee on Financial Services and Banking

25

(b)  Subcommittee on Housing

26

(c)  Subcommittee on Economic Development

27

(d)  Subcommittee on Small Business

28

(6)  Consumer Affairs

29

(a)  Subcommittee on Public Utilities

30

(b)  Subcommittee on Telecommunications

- 45 -

 


1

(7)  Education

2

(a)  Subcommittee on Basic Education

3

(b)  Subcommittee on Higher Education

4

(c)  Subcommittee on Special Education

5

(8)  Environmental Resources and Energy

6

(a)  Subcommittee on Energy

7

(b)  Subcommittee on Mining

8

(c)  Subcommittee on Parks and Forests

9

(9)  Finance

10

(10)  Game and Fisheries

11

(11)  Gaming Oversight

12

(12)  Health and Human Services

13

(a)  Subcommittee on Health

14

(b)  Subcommittee on Human Services

15

(c)  Subcommittee on Drugs and Alcohol

16

(13)  Insurance

17

(14)  Judiciary

18

(a)  Subcommittee on Crime and Corrections

19

(b)  Subcommittee on Courts

20

(c)  Subcommittee on Family Law

21

(15)  Intergovernmental Affairs

22

(a)  Subcommittee on Information Technology

23

(b)  Subcommittee on Federal-State Relations

24

(16)  Labor Relations

25

(17)  Liquor Control

26

(a)  Subcommittee on Licensing

27

(b)  Subcommittee on Marketing

28

(18)  Local Government

29

(a)  Subcommittee on Boroughs

30

(b)  Subcommittee on Counties

- 46 -

 


1

(c)  Subcommittee on Townships

2

(19)  Professional Licensure

3

(20)  State Government

4

(21)  Tourism and Recreational Development

5

(a)  Subcommittee on Arts and Entertainment

6

(b)  Subcommittee on Recreation

7

(c)  Subcommittee on Travel Promotion

8

(22)  Transportation

9

(a)  Subcommittee on Highways

10

(b)  Subcommittee on Public Transportation

11

(c)  Subcommittee on Transportation Safety

12

(d)  Subcommittee on Aviation

13

(e)  Subcommittee on Railroads

14

(23)  Urban Affairs

15

(a)  Subcommittee on Cities, Counties - First Class

16

(b)  Subcommittee on Cities, Counties - Second Class

17

(c)  Subcommittee on Cities, Third Class

18

(24)  Veterans Affairs and Emergency Preparedness

19

(a)  Subcommittee on Military and Veterans Facilities

20

(b)  Subcommittee on Security and Emergency Response 

21

Readiness

22

RULE 44

23

Organization of Standing Committees

24

and Subcommittees

25

The membership of each standing committee shall first meet

26

upon the call of its chair and perfect its organization. A

27

majority of the members to which each standing committee is

28

entitled shall constitute a quorum for it to proceed to

29

business. Each standing committee shall have the power to

30

promulgate rules not inconsistent with these rules which may be

- 47 -

 


1

necessary for the orderly conduct of its business.

2

Where a standing committee has standing subcommittees as

3

prescribed by Rule 43, the membership on such standing

4

subcommittees shall be appointed by the Committee on Committees

5

after consultation with each chair of a standing committee of

6

which the standing subcommittee is a part. Each standing

7

subcommittee shall consist of the chair of its parent standing

8

committee, as an ex-officio member, the chair of the standing

9

subcommittee, and five other members from the parent standing

10

committee to be appointed by the Committee on Committees, three

11

from among the majority party after consultation with the

12

Majority Leader and two from among the minority party after

13

consultation with the Minority Leader. Where it is deemed

14

advisable that the membership of any standing subcommittee be of

15

greater number than that prescribed herein, the Committee on

16

Committees may appoint additional members of the standing

17

committee from the majority or minority party to serve on such

18

standing subcommittee. The number of additional members selected

19

should be such as to maintain, as far as is practicable, a ratio

20

in majority and minority party membership which affords a fair

21

and reasonable representation to the minority party on the

22

standing subcommittee.

23

The chair and the minority chair of each standing committee

24

shall be ex-officio members of each standing subcommittee which

25

is part of the parent standing committee, with the right to

26

attend standing subcommittee meetings and vote on any matter

27

before such standing subcommittee.

28

A majority of the members of each standing subcommittee shall

29

constitute a quorum for the proper conduct of its business. Each

30

standing subcommittee may promulgate such rules necessary for

- 48 -

 


1

the conduct of its business which are not inconsistent with the

2

rules of its parent standing committee or the Rules of the

3

House.

4

When the chair of a standing committee has referred a bill,

5

resolution or other matter to a standing subcommittee, the power

6

and control over such bill, resolution or other matter shall

7

then reside in such subcommittee for a reasonable period of time

8

thereafter in order that such subcommittee may consider the

9

bill, resolution or other matter and return the same to its

10

standing committee with its recommendations as to the action

11

which ought to be taken on such bill, resolution or other

12

matter.

13

Each standing subcommittee, within a reasonable time after it

14

has received a bill, resolution or other matter, shall meet as a

15

committee for the purpose of considering the same and returning

16

the bill, resolution or other matter back to its parent standing

17

committee with a subcommittee report as to what action it

18

recommends. The report of the subcommittee on a bill, resolution

19

or other matter being returned to the standing committee shall

20

contain one of the following recommendations:

21

(1)  that the bill, resolution or other matter in its present

22

form be reported to the House,

23

(2)  that the bill, resolution, or other matter not be

24

reported to the House,

25

(3)  that the bill, resolution or other matter be reported to

26

the House, with recommendations for amendments,

27

(4)  that the bill, resolution or other matter is returned

28

without recommendations.

29

When a standing committee receives reports from its

30

subcommittees, it shall consider the same and by majority vote

- 49 -

 


1

of the members of the standing committee either approve or

2

disapprove such report. If disapproved, the standing committee

3

may then determine by a majority vote of its members what

4

further action, if any, should be taken on such bill, resolution

5

or other matter.

6

Where no action has been taken by a standing subcommittee on

7

a bill, resolution or other matter referred to it, and the chair

8

of the standing committee considers that such subcommittee has

9

had reasonable time to consider the bill, resolution or other

10

matter and return the same to its parent standing committee, the

11

subcommittee chair shall then forthwith surrender and forward

12

the same, together with all documents or papers pertaining

13

thereto, to the standing committee.

14

In the event that a chair of a standing committee is absent,

15

the following rules shall apply:

16

(1)  If such standing committee has no subcommittee

17

prescribed by this rule, the vice-chair of the standing

18

committee shall act as chair of the committee meetings.

19

(2)  If such standing committee has only one subcommittee,

20

the subcommittee chair shall act as chair of the standing

21

committee.

22

(3)  If the standing committee has more than one

23

subcommittee, the subcommittee chair with the longest

24

consecutive legislative service shall act as chair of the

25

standing committee, except where the subcommittee chairs have

26

equal legislative service, in which case the Speaker of the

27

House shall designate one of the subcommittee chairs to act as

28

chair of the standing committee.

29

In case of absence of a subcommittee chair, the chair of the

30

appropriate standing committee shall designate one member from

- 50 -

 


1

either the standing committee or subcommittee to act as chair of

2

the subcommittee.

3

RULE 45

4

Powers and Duties of Standing Committees

5

and Subcommittees

6

The chair of each standing committee and subcommittee shall

7

fix regular weekly, biweekly or monthly meeting days for the

8

transaction of business before the committee or subcommittee.

9

The chair of the committee or subcommittee shall notify all

10

members, at least 24 hours in advance of the date, time and

11

place of regular meetings, and, insofar as possible, the

12

subjects on the agenda. In addition to regular meetings, special

13

meetings may be called from time to time by the chair of the

14

committee or subcommittee as they deem necessary. No recess or

15

combination of recesses shall exceed 48 hours for any committee

16

meeting or subcommittee meeting. No committee shall meet during

17

any session of the House without first obtaining permission of

18

the Speaker. During any such meeting, no vote shall be taken on

19

the Floor of the House on any amendment, recommittal motion,

20

final passage of any bill, or any other matter requiring a roll

21

call vote. Any committee meeting called off the Floor of the

22

House shall meet in a committee room. In addition to the

23

specific provisions of this rule, all provisions of 65 Pa.C.S.

24

Ch. 7 (relating to open meetings) relative to notice of meetings

25

shall be complied with.

26

At regularly scheduled meetings, or upon the call of the

27

chair, or subcommittee chair, for special meetings, the

28

membership of such committees shall meet to consider any bill,

29

resolution, or other matter on the agenda. The secretary of each

30

standing committee, or in case of subcommittees a secretary

- 51 -

 


1

designated by the subcommittee chair, shall record:

2

(1)  the minutes of the meeting,

3

(2)  all votes taken,

4

(3)  a roll or attendance of members at standing committee or

5

subcommittee meetings showing the names of those present, absent

6

or excused from attendance, and the majority and minority chairs

7

or their designees shall verify by their signatures all votes

8

taken and the roll or attendance of those members present,

9

absent or excused before said records are submitted to the Chief

10

Clerk, and

11

(4)  dispatch of bills and resolutions before the committee.

12

Such records shall be open to public inspection. On the first

13

legislative day of each week the House is in session, the chair

14

of each standing committee shall submit to the Chief Clerk for

15

inclusion in the House Journal only, the roll or record of

16

attendance of members at standing committee or subcommittee

17

meetings held prior thereto and not yet reported, along with the

18

record of all votes taken at such meetings. All reports from

19

standing committees shall be prepared in writing by the

20

secretary of the committee. Members of a standing committee may

21

prepare in writing and file a minority report, setting forth the

22

reasons for their dissent. Such committee reports shall be filed

23

with the Chief Clerk within five days of the meeting. All

24

meetings at which formal action is taken by a standing committee

25

or subcommittee shall be open to the public, making such reports

26

as are required under Rule 44. When any member, except for an

27

excused absence, fails to attend five consecutive regular

28

meetings of his or her committee, the chair of that committee or

29

subcommittee shall notify the member of that fact and, if the

30

member in question fails to reasonably justify absences to the

- 52 -

 


1

satisfaction of a majority of the membership of the standing

2

committee of which he or she is a member, membership on the

3

committee or subcommittee shall be deemed vacant and the chair

4

of the standing committee shall notify the Speaker of the House

5

to that effect. Such vacancy shall then be filled in the manner

6

prescribed by these rules.

7

Whenever the chair of any standing committee shall refuse to

8

call a regular meeting, then a majority of the members of the

9

standing committee may vote to call a meeting by giving two days

10

written notice to the Speaker of the House, setting the time and

11

place for such meeting. Such notice shall be read in the House

12

and the same posted by the Chief Clerk in the House Chamber.

13

Thereafter, the meeting shall be held at the time and place

14

specified in the notice. In addition, all provisions of 65

15

Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of

16

meetings shall be complied with.

17

Records, bills and other papers in the possession of

18

committees and subcommittees, upon final adjournment of the

19

House shall be filed with the Chief Clerk.

20

No committee report, except a report of the Appropriations

21

Committee, shall be recognized by the House, unless the same has

22

been acted upon by a majority vote of the members of a standing

23

committee present at a committee session actually assembled and

24

meeting as a committee, provided such majority vote numbers at

25

least members, and provided further a quorum is present. No

26

committee report of the Appropriations Committee shall be

27

recognized by the House, unless the same has been acted upon by

28

a majority vote of the members of such committee present at a

29

committee session actually assembled and meeting as a committee,

30

provided such majority vote numbers at least members, and

- 53 -

 


1

provided further a quorum is present.

2

No proxy voting shall be permitted in committee, except as

3

provided for herein. If a member reports to a scheduled

4

committee meeting and advises the chair and other members of a

5

conflicting committee meeting or other legislative meeting which

6

he or she must attend on the same day, the member is authorized

7

to give the chair or minority chair his or her proxy in writing

8

which shall be valid only for that day and which shall include

9

written instructions for the exercise of such proxy by the chair

10

or minority chair during the meeting. The member should also

11

advise the chair where he or she can be reached. In the event

12

the conflicting committee meeting or other legislative meeting

13

is scheduled to convene at the same time or prior to the meeting

14

at which a member desires to vote by proxy, such proxy shall be

15

delivered by the member in person to the offices of both the

16

chair and minority chair prior to, but on the same day as, the

17

conflicting meetings.

18

When the majority of the members of a standing committee

19

believe that a certain bill or resolution in the possession of

20

the standing committee should be considered and acted upon by

21

such committee, they may request the chair to include the same

22

as part of the business of a committee meeting. Upon failure of

23

the chair to comply with such request, the membership may

24

require that such bill be considered by written motion made and

25

approved by a majority vote of the entire membership to which

26

such committee is entitled.

27

Whenever the phrase "majority of members of a standing

28

committee or subcommittee" is used in these rules, it shall mean

29

majority of the entire membership to which a standing committee

30

or subcommittee is entitled, unless the context thereof

- 54 -

 


1

indicates a different intent.

2

To assist the House in appraising the administration of the

3

laws and in developing such amendments or related legislation as

4

it may deem necessary, each standing committee or subcommittee

5

of the House shall exercise continuous watchfulness of the

6

execution by the administrative agencies concerned of any laws,

7

the subject matter of which is within the jurisdiction of such

8

committee or subcommittee; and, for that purpose, shall study

9

all pertinent reports and data submitted to the House by the

10

agencies in the executive branch of the Government.

11

The Committee on Appropriations shall have the power to issue

12

subpoenas under the hand and seal of its chair commanding any

13

person to appear before it and answer questions touching matters

14

properly being inquired into by the committee, which matters

15

shall include data from any fund administered by the

16

Commonwealth, and to produce such books, papers, records,

17

documents and data and information produced and stored by any

18

electronic data processing system as the committee deems

19

necessary. Such subpoenas may be served upon any person and

20

shall have the force and effect of subpoenas issued out of the

21

courts of this Commonwealth. Any person who willfully neglects

22

or refuses to testify before the committee or to produce any

23

books, papers, records, documents or data and information

24

produced and stored by any electronic data processing system

25

shall be subject to the penalties provided by the laws of the

26

Commonwealth in such case. Each member of the committee shall

27

have power to administer oaths and affirmations to witnesses

28

appearing before the committee. The committee may also cause the

29

deposition of witnesses either residing within or without the

30

State to be taken in the manner prescribed by law for taking

- 55 -

 


1

depositions in civil actions.

2

RULE 46

3

Committee on Rules

4

The Committee on Rules shall consist of the Speaker, the

5

Majority Leader, the Majority Whip, the Minority Leader, the

6

Minority Whip, the Majority Appropriations Chair, the Minority

7

Appropriations Chair, members of the majority party appointed by

8

the Speaker, and members of the minority party appointed by the

9

Minority Leader. The Majority Leader shall be chair.

10

The committee shall make recommendations designed to improve

11

and expedite the business and procedure of the House and its

12

committees, and to propose to the House any amendments to the

13

Rules deemed necessary. The committee shall also do all things

14

necessary to fulfill any assignment or duty given to the

15

committee by any resolution, or other rule of the House of

16

Representatives.

17

The committee shall be privileged to report at any time.

18

The committee shall, until or unless superseded by law, adopt

19

guidelines for the expenditure of all funds appropriated to the

20

House or to any member or nonmember officer by any appropriation

21

act.

22

Such guidelines shall include a detailed statement of the

23

general and specific purposes for which the funds from that

24

appropriation account may be used, as well as uniform standards

25

of required documentation, accounting systems and record keeping

26

procedures.

27

Except as expressly provided in Rule 30 or this rule, the

28

committee shall not have the power to amend any bill or joint

29

resolution.

30

RULE 47

- 56 -

 


1

Ethics Committee

2

As used in the context of this rule, the word "committee"

3

shall mean the Committee on Ethics of the House of

4

Representatives, and the phrase "majority of the committee"

5

shall mean a majority of the members to which the committee is

6

entitled.

7

The committee shall consist of eight members: four of whom

8

shall be members of the majority party appointed by the Speaker,

9

and four of whom shall be members of the minority party

10

appointed by the Minority Leader. The Speaker shall appoint from

11

the members a chair, vice chair and secretary for the committee.

12

The chair shall be a member of the majority party and the vice

13

chair shall be a member of the minority party.

14

The Speaker shall fix a voting session day for the Chief

15

Clerk to randomly select committee members from the lists

16

provided by each caucus. The Chief Clerk shall give at least

17

seven days' notice by mail of the date to all members. The Chief

18

Clerk shall conduct the random selection of committee members on

19

the floor of the House during session. Immediately following the

20

random selection, the Speaker shall read the names of the

21

committee members upon the record.

22

The chair shall notify all members of the committee at least

23

24 hours in advance of the date, time and place of a regular

24

meeting. Whenever the chair shall refuse to call a regular

25

meeting, a majority of the committee may vote to call a meeting

26

by giving two days' written notice to the Speaker of the House

27

setting forth the time and place for such meeting. Such notice

28

shall be read in the House and posted in the House Chamber by

29

the Chief Clerk, or a designee. Thereafter, the meeting shall be

30

held at the time and place specified in such notice.

- 57 -

 


1

The committee shall compile and distribute a Members'

2

Handbook on Ethics to advise members, officers and employees of

3

the House on matters regarding conflicts of interest, and

4

nonfeasance, malfeasance and misfeasance in legislative duties.

5

Each member shall be required to complete two hours of ethics

6

education and training each legislative term. The committee

7

shall be responsible for planning and offering ethics education

8

programs.

9

The committee shall conduct its investigations, hearings and

10

meetings relating to a specific investigation or a specific

11

member, officer or employee of the House in closed session and

12

the fact that such investigation is being conducted or to be

13

conducted or that hearings or such meetings are being held or

14

are to be held shall be confidential information unless the

15

person subject to investigation advises the committee in writing

16

that he or she elects that such hearings shall be held publicly.

17

In the event of such an election, the committee shall furnish

18

such person a public hearing. All other meetings of the

19

committee shall be open to the public.

20

The committee shall receive complaints against members,

21

officers and employees of the House, and persons registered or

22

carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating

23

to lobbying disclosure), alleging illegal or unethical conduct.

24

Any such complaint must be in writing verified by the person

25

filing the complaint and must set forth in detail the conduct in

26

question and the section of the "Legislative Code of Ethics,"

27

the provision of 65 Pa.C.S. Ch. 13A or the House rule violated.

28

The committee shall make a preliminary investigation of the

29

complaint, and if it is determined by a majority of the

30

committee that a violation of the rule or law may have occurred,

- 58 -

 


1

the person against whom the complaint has been brought shall be

2

notified in writing and given a copy of the complaint. Within 15

3

days after receipt of the complaint, such person may file a

4

written answer thereto with the committee. Upon receipt of the

5

answer, by vote of a majority of the committee, the committee

6

shall either dismiss the complaint within ten days or proceed

7

with a formal investigation, to include hearings, not less than

8

ten days nor more than 30 days after notice in writing to the

9

persons so charged. Failure of the person charged to file an

10

answer shall not be deemed to be an admission or create an

11

inference or presumption that the complaint is true, and such

12

failure to file an answer shall not prohibit a majority of the

13

committee from either proceeding with a formal investigation or

14

dismissing the complaint.

15

A majority of the committee may initiate a preliminary

16

investigation of the suspected violation of a Legislative Code

17

of Ethics or House rule by a member, officer or employee of the

18

House or lobbyist. If it is determined by a majority of the

19

committee that a violation of a rule or law may have occurred,

20

the person in question shall be notified in writing of the

21

conduct in question and the section of the "Legislative Code of

22

Ethics," the provision of 65 Pa.C.S. Ch. 13A or the House rule

23

violated. Within 15 days, such person may file a written answer

24

thereto. Upon receipt of the answer, by vote of a majority of

25

the committee, the committee shall either dismiss the charges

26

within ten days or proceed with a formal investigation, to

27

include hearings, not less than ten days nor more than 30 days

28

after notice in writing to the person so charged. Failure of the

29

person charged to file an answer shall not be deemed to be an

30

admission or create an inference or presumption that the charge

- 59 -

 


1

is true, and such failure to file an answer shall not prohibit a

2

majority of the committee from either proceeding with a formal

3

investigation or dismissing the charge.

4

In the event that the committee shall elect to proceed with a

5

formal investigation of the conduct of any member, officer or

6

employee of the House, the committee shall employ independent

7

counsel who shall not be employed by the House for any other

8

purpose or in any other capacity during such investigation.

9

All constitutional rights of any person under investigation

10

shall be preserved, and such person shall be entitled to present

11

evidence, cross-examine witnesses, face his or her accuser, and

12

be represented by counsel.

13

The chair may continue any hearing for reasonable cause, and

14

upon the vote of a majority of the committee or upon the request

15

of the person subject to investigation, the chair shall issue

16

subpoenas for the attendance and testimony of witnesses and the

17

production of documentary evidence relating to any matter under

18

formal investigation by the committee. The committee may

19

administer oaths or affirmations and examine and receive

20

evidence.

21

All testimony, documents, records, data, statements or

22

information received by the committee in the course of any

23

investigation shall be private and confidential except in the

24

case of public hearings or in a report to the House. No report

25

shall be made to the House unless a majority of the committee

26

has made a finding of unethical or illegal conduct on the part

27

of the person under investigation. No finding of unethical or

28

illegal conduct shall be valid unless signed by at least a

29

majority of the committee. Any such report may include a

30

minority report. The committee shall have the authority to

- 60 -

 


1

recommend to the House action as appropriate. No action shall be

2

taken by the House on any finding of illegal or unethical

3

conduct nor shall such finding or report containing such finding

4

be made public sooner than seven days after a copy of the

5

finding is sent by certified mail to the member, officer or

6

employee under investigation.

7

The committee may meet with a committee of the Senate to hold

8

investigations or hearings involving employees of the two houses

9

jointly or officers or employees of the Legislative Reference

10

Bureau, the Joint State Government Commission, the Local

11

Government Commission, the Legislative Budget and Finance

12

Committee and the Legislative Data Processing Committee;

13

provided, however, that no action may be taken at a joint

14

meeting unless it is approved by a majority of the committee.

15

In the event that a member of the committee shall be under

16

investigation, such member shall be temporarily replaced on the

17

committee in a like manner as said member's original

18

appointment.

19

The committee, at the request of a member, officer or

20

employee concerned about an ethical problem relating to the

21

member, officer or employee alone or in conjunction with others,

22

may render advisory opinions with regard to questions pertaining

23

to legislative ethics or decorum. Such advisory opinions shall

24

be confidential and shall apply exclusively to the requestor.

25

Any member of the committee breaching the confidentiality of

26

materials and events as set forth in this rule shall be removed

27

immediately from the committee and replaced by another member of

28

the House in a like manner as said member's original

29

appointment.

30

The committee may adopt rules of procedure for the orderly

- 61 -

 


1

conduct of its affairs, investigations, hearings and meetings,

2

which rules are not inconsistent with this rule.

3

The committee shall continue to exist and have authority and

4

power to function after the sine die adjournment of the General

5

Assembly and shall so continue until the expiration of the then

6

current term of office of the members of the committee.

7

RULE 47 (a)

8

Status of Members Indicted or Convicted of a Crime

9

When an indictment is returned or a charge is filed before a

10

court of record against a member of the House, and the gravamen

11

of the indictment or charge is directly related to the member's

12

conduct as a committee chair or ranking minority committee

13

member or in a position of leadership or is one which would

14

render the member ineligible to the General Assembly under

15

section 7 of Article II of the Constitution of Pennsylvania, the

16

member shall be relieved of committee chair status, ranking

17

minority committee member status or leadership position until

18

the indictment or charge is disposed of, but the member shall

19

otherwise continue to function as a Representative, including

20

voting, and shall continue to be paid.

21

If, during the same legislative session, the indictment or

22

charge is quashed, dismissed or withdrawn, or the court finds

23

that the member is not guilty of the offense alleged, the member

24

shall immediately be restored to committee chair status, ranking

25

minority committee member status or the leadership position

26

retroactively from which he or she was suspended.

27

Upon a finding or verdict of guilt by a judge or jury, plea

28

or admission of guilt or plea of nolo contendere of a member of

29

the House of a crime, the gravamen of which relates to the

30

member's conduct as a Representative or which would render the

- 62 -

 


1

member ineligible to the General Assembly under section 7 of

2

Article II of the Constitution of Pennsylvania, and upon

3

imposition of sentence, the Parliamentarian of the House shall

4

prepare a resolution of expulsion under the sponsorship of the

5

Chair and Vice-Chair of the House Ethics Committee. The

6

resolution shall be printed and placed on the calendar for the

7

next day of House session.

8

RULE 48

9

Conference Committee

10

All Committees of Conference shall be appointed by the

11

Speaker and shall be composed of three members, two of whom

12

shall be selected from the majority party and one from the

13

minority party.

14

The conferees shall confine themselves to the differences

15

which exist between the House and Senate.

16

The presentation of reports of Committees of Conference shall

17

be in order after having been signed by a majority of members of

18

the committee of each House.

19

Consideration of a report of a Committee of Conference by the

20

House shall be in order when it has been printed, placed on the

21

desks of the members and listed on the calendar.

22

RULE 49

23

Committee Action

24

Whenever a bill, resolution or other matter has been referred

25

by the Speaker of the House to a standing committee, and such

26

committee has one or more standing subcommittees, the chair of

27

the standing committee may either refer it to an appropriate

28

subcommittee or retain it for consideration by the entire

29

standing committee. If it is retained, such standing committee

30

shall have full power and control over such bill, resolution or

- 63 -

 


1

other matter, except that such committee shall not change the

2

subject nor any amendments adopted by the House. Where the chair

3

of the standing committee refers such bill, resolution, or

4

matter to a subcommittee, such subcommittee, except as

5

hereinafter provided, shall have full power over the same.

6

The recommendations by a committee that a bill or resolution

7

be reported negatively shall not affect its consideration by the

8

House. The words "negative recommendation" shall be printed

9

conspicuously on a line above the title of this bill.

10

All standing subcommittees shall be subject to the will of

11

the majority of their parent standing committee and shall not

12

promulgate any rules or take any action inconsistent with the

13

rules of their parent standing committee or the Rules of the

14

House.

15

After a bill is reported out of committee, all committee

16

votes taken with respect to the bill shall be posted on the

17

Internet as soon as practicable.

18

RULE 50

19

Public Hearings

20

Each standing committee, subcommittee or select committee to

21

which a proposed bill, resolution or any matter is referred

22

shall have full power and authority to study said bill,

23

resolution or other matter before it, as such committee, shall

24

determine is necessary to enable it to report properly to the

25

House thereon. To this end, a standing committee, subcommittee,

26

or select committee, may as hereinafter provided, conduct public

27

hearings. No standing committee, subcommittee or select

28

committee shall hold any public hearings without prior approval

29

by a majority vote of the members of the standing committee and

30

the Speaker or the Majority Leader of the House. The Speaker or

- 64 -

 


1

the Majority Leader of the House shall withhold approval of

2

public hearings based only on budgetary consideration.

3

When a public hearing has been authorized as aforesaid, the

4

chair of the standing committee, subcommittee chair, or select

5

committee chair as the case may be, shall instruct the Chief

6

Clerk to give written notice thereof to each House Member not

7

less than five calendar days before the proposed hearings and

8

post the same in or immediately adjacent to the House Chambers.

9

Such notice, which shall contain the day, hour and place of the

10

hearing and the number or numbers of bills or other subject

11

matter to be considered at such hearing, shall also be given the

12

supervisor of the news room, and to the news media. In addition,

13

all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings),

14

relative to notice of meetings shall be complied with.

15

Public hearings held by a standing committee shall be chaired

16

by the chair of such committee, unless absent, in which case an

17

acting chair shall be selected in the manner prescribed by these

18

rules to serve. Public hearings held by standing subcommittees

19

shall be chaired by the subcommittee chair thereof, but the

20

chair of the parent standing committee, as an ex-officio member

21

of the subcommittee, shall have the right to attend and

22

participate in the hearing proceedings. In the absence of the

23

subcommittee chair, an acting chair shall be appointed in the

24

manner prescribed by these rules.

25

All public hearings shall be open to the public and

26

reasonable opportunity to be heard shall be afforded to all

27

interested parties who have requested an appearance before the

28

committee. In addition, it shall be the responsibility of the

29

committee in conducting its hearing to request the presentation

30

of testimony by any person who, in the opinion of the committee,

- 65 -

 


1

is qualified to present pertinent and important testimony.

2

Such committee shall, so far as practicable, request all

3

witnesses appearing before it to file written statements of

4

their proposed testimony. The chair shall have the right to fix

5

the order of appearance and the time to be allotted to

6

witnesses. Witnesses may submit brief pertinent statements in

7

writing for inclusion in the record. The committee is the sole

8

judge of the pertinency of testimony and evidence adduced at its

9

hearings.

10

The chair, in presiding at such public hearings, shall

11

preserve order and decorum, in and adjacent to his committee

12

room while the hearing is being conducted and shall have the

13

authority to direct the removal from the committee room of any

14

person who fails to comply with order and decorum of the

15

committee.

16

Proceedings of all public hearings shall be either

17

stenographically or electronically recorded. The committee shall

18

determine which parts of such recorded proceedings, if any,

19

shall be transcribed and the distribution thereof. Except as

20

hereinafter provided, no more than four copies of any transcript

21

shall be made. Such stenographic or electronic records and at

22

least one copy of any transcription shall be preserved by the

23

Chief Clerk until authorized to dispose of same by an

24

affirmative vote of three-quarters of the entire membership of

25

the Rules Committee and shall be made available to any member

26

upon written request for the purpose of copying or transcription

27

at that member's expense. Any transcribed records and any

28

reports of the committee shall be filed with the Chief Clerk or

29

his designee and shall be made available to any person in

30

accordance with reasonable rules and regulations prescribed by

- 66 -

 


1

the Chief Clerk. Upon payment of a reasonable cost to be

2

determined by the Chief Clerk, a person may obtain a copy of

3

such transcribed records or reports.

4

All written testimony and all transcribed testimony at

5

committee hearings shall be posted on the Internet as soon

6

thereafter as practicable.

7

The Chief Clerk shall not make payment of any expenses

8

incurred as a result of a public hearing without the prior

9

written approval of the Speaker or the Majority Leader of the

10

House.

11

RULE 51

12

Investigations

13

Any standing committee, subcommittee or select committee,

14

upon resolution introduced and approved by majority vote of the

15

House, may be authorized and empowered to conduct hearings at

16

any place in the Commonwealth to investigate any matter provided

17

for in such resolution. When authorized by such a resolution,

18

such committee shall be empowered to issue subpoenas under the

19

hand and seal of the chair thereof commanding any person to

20

appear before it and answer questions touching matters properly

21

being inquired into by the committee and produce such books,

22

papers, records, accounts, reports, and documents as the

23

committee deems necessary. Such subpoenas may be served upon any

24

person and shall have the force and effect of subpoenas issued

25

out of the courts of this Commonwealth. Where any person

26

willfully neglects or refuses to comply with any subpoena issued

27

by the committee or refuses to testify before the committee on

28

any matter regarding which the person may be lawfully

29

interrogated, it shall be the duty of the committee to report

30

such disobedience or refusal to the House of Representatives,

- 67 -

 


1

and such person shall be subject to the penalties provided by

2

the laws of the Commonwealth in such cases. All such subpoenaed

3

books, papers, records, accounts, reports, and documents shall

4

be returned to the person from whom such material was subpoenaed

5

when the committee has completed its examination of such

6

material, but in no event later than the date on which the

7

committee completes its investigation. Such material, or any

8

information derived therefrom not a part of public sessions of

9

the committee, shall not be turned over to any person or

10

authority without the consent of the person from whom such

11

material was subpoenaed. Each member of the committee shall have

12

power to administer oaths and affirmations to witnesses

13

appearing before the committee. The Sergeant-at-Arms of the

14

Legislature or other person designated by the committee shall

15

serve any subpoenas issued by the committee, when directed to do

16

so by the committee. The subpoena shall be addressed to the

17

witness, state that such proceeding is before a committee of the

18

House at which the witness is required to attend and testify at

19

a time and place certain and be signed by the chair of the

20

committee commanding attendance of such witness. Mileage and

21

witness fees shall be paid to such witness in an amount

22

prescribed by law.

23

The chair of the investigative hearing shall call the

24

committee to order and announce in an opening statement the

25

subject or purposes of the investigation.

26

A copy of this rule shall be made available to the witnesses

27

at least three calendar days prior to his or her scheduled

28

testimony. Witnesses at investigative hearings, may be

29

accompanied by their own counsel for the purpose of advising

30

them concerning their constitutional rights. The chair, for

- 68 -

 


1

breaches of order or decorum or of professional ethics on the

2

part of counsel, may exclude counsel from the hearing. Counsel

3

may interpose legal objection to any and all questions which in

4

the opinion of counsel may violate the civil or constitutional

5

rights of his or her clients.

6

If the committee determines that evidence or testimony at an

7

investigative hearing may tend to defame, degrade or incriminate

8

any person, it shall:

9

(1)  receive such evidence or testimony in executive session;

10

(2)  afford such person an opportunity voluntarily to appear

11

as a witness; and

12

(3)  receive and dispose of requests from such person to

13

subpoena additional witnesses.

14

No evidence or testimony taken in executive session may be

15

released to any person or authority or used in public sessions

16

without the consent of the committee.

17

Proceedings of all public hearings shall be either

18

stenographically or electronically recorded. The committee shall

19

determine which parts of such recorded proceedings, if any,

20

shall be transcribed and four copies thereof shall be

21

distributed and additional copies made available as provided in

22

Rule 50. Such stenographic or electronic records shall be

23

preserved by the Chief Clerk until directed to dispose of same

24

by an affirmative vote of three-quarters of the entire

25

membership of the Rules Committee and shall be made available to

26

any member upon written request for the purpose of transcription

27

at that member's expense. Any transcribed records and any

28

reports of the committee shall be filed with the Chief Clerk or

29

a designee and shall be made available to any person in

30

accordance with reasonable rules and regulations prescribed by

- 69 -

 


1

the Chief Clerk.

2

Upon payment of a reasonable cost to be determined by the

3

Chief Clerk, a person may obtain a copy of the transcript of any

4

testimony given at a public session or, if given at an executive

5

session when authorized by the committee. All standing

6

committees, subcommittees, special committees or commissions

7

which are authorized to hold public hearings and investigations

8

shall file a final report before being discharged of delegated

9

responsibilities.

10

RULE 52

11

Possession of Bills by Committee

12

When a committee has ordered that a bill, resolution or other

13

matter be reported to the House, the member to whom it is

14

assigned shall make the report thereof to the House either on

15

the same day or at the next meeting of the House.

16

Failure of a member to comply with this rule shall be

17

reported to the House by the committee, provided the official

18

copy of the bill, resolution or other matter has not been

19

obtained. Upon a motion agreed to by the House, a duplicate

20

certified copy of a House bill, House resolution or other House

21

matter shall be furnished to the committee by the Chief Clerk.

22

A committee or subcommittee shall not consider a bill,

23

resolution or other matter which is not in its possession.

24

When a committee reports to the House that a House bill,

25

House resolution or other House matter referred to it is lost,

26

upon a motion agreed to by the House, a duplicate certified copy

27

thereof shall be furnished by the Chief Clerk.

28

If the Senate bill, Senate resolution or other Senate matter

29

received from the Senate is lost, upon a motion agreed to by the

30

House, a request shall be made to the Senate to furnish the

- 70 -

 


1

House with a duplicate certified copy thereof.

2

If a bill, resolution or other matter is lost before it has

3

been referred to a committee, the fact shall be reported to the

4

House and the procedure provided by this rule shall be followed.

5

RULE 53

6

Discharge of Committees

7

A member may present to the Chief Clerk a resolution in

8

writing to discharge a committee from the consideration of a

9

bill or resolution which has been referred to it 15 legislative

10

days prior thereto (but only one motion may be presented for

11

each bill or resolution). The discharge resolution shall be

12

placed in the custody of the Chief Clerk, who shall arrange some

13

convenient place for the signature of the members. A signature

14

may be withdrawn by a member in writing at any time before the

15

discharge resolution is entered in the Journal. When 25 members

16

of the House shall have signed the resolution, it shall be

17

entered in the Journal and the title of the bill or resolution

18

and the name of the committee to be discharged shall be printed

19

on the calendar.

20

Any member who has signed a discharge resolution which has

21

been on the calendar at least one legislative day prior thereto

22

and seeks recognition, shall be recognized for the purpose of

23

calling up the discharge resolution and the House shall proceed

24

to its consideration without intervening motion except one

25

motion to adjourn; however, no discharge resolution shall be

26

considered during the last six legislative days of any session

27

of the House. A majority vote of all the members elected to the

28

House shall be required to agree to a resolution to discharge a

29

committee. When any perfected discharge resolution has been

30

acted upon by the House and defeated it shall not be in order to

- 71 -

 


1

entertain during the same session of the House any other

2

discharge resolution from that committee of said measure, or

3

from any other committee of any other bill or resolution

4

substantially the same, relating in substance to or dealing with

5

the same subject matter.

6

RULE 54

7

Presentation and Withdrawal of Motions

8

When a motion which is in order has been made, the Speaker

9

shall state it or (if it is in writing) cause it to be read by

10

the Clerk. It shall then be in the possession of the House, but

11

it may be withdrawn by the maker at any time before decision or

12

amendment.

13

The Speaker shall put the question in the following form,

14

viz: "those in favor of the motion will say 'aye'." After the

15

affirmative is expressed, "those who are opposed will say 'no'."

16

All motions, except for the previous question and a motion

17

for reconsideration, may be made without a second.

18

No dilatory motion shall be entertained by the Speaker.

19

RULE 55

20

Privileged Motions

21

When a question is under debate or before the House, no

22

motion shall be received but the following, which shall take

23

precedence in the order named:

24

(1)  To adjourn, or recess.

25

(2)  A call of the House.

26

(3)  To lay on the table.

27

(4)  For the previous question.

28

(5)  To postpone.

29

(6)  To commit or recommit.

30

(7)  To amend.

- 72 -

 


1

Debate on the motion to postpone shall be confined to the

2

question of the postponement and shall not include discussion of

3

the main question.

4

The motion to commit or recommit is open to debate only as to

5

the reasons for or against reference to committee and shall not

6

include a discussion of the merits of the main question.

7

Debate on the motion to amend shall be limited to the

8

amendment and shall not include the general merits of the main

9

question.

10

RULE 56

11

Adjourn

12

A motion to adjourn or recess is debatable, cannot be amended

13

and is always in order, except:

14

(1)  when another member has the floor; or

15

(2)  when the House is voting.

16

RULE 57

17

Call of the House

18

If a question of the absence of a quorum is raised by a

19

member, the Speaker shall order the Sergeant-at-Arms to close

20

the doors of the House. No member shall be permitted to leave

21

the House, except by permission of the House. The names of the

22

members present shall be recorded and absentees noted. Those for

23

whom no leave of absence has been granted or no sufficient

24

excuse is made may, by order of a majority of the members

25

present, be sent for and taken into custody by the Sergeant-at-

26

Arms and assistants appointed for that purpose, and brought

27

before the bar of the House where, unless excused by a majority

28

of the members present, they shall be censured or punished for

29

neglect of duty as the House may direct.

30

Further proceedings under a call of the House may be

- 73 -

 


1

dispensed with at any time after the completion of the roll call

2

and the announcement of the result.

3

These proceedings shall be without debate, and no motion,

4

except to adjourn, shall be in order.

5

RULE 58

6

Persons Admitted Under a Call of the House

7

Members who voluntarily appear during a call of the House

8

shall be admitted to the House. Upon recognition by the Speaker

9

they shall announce their presence and their names shall be

10

recorded on the roll.

11

Officers of the House, accredited correspondents and

12

employees designated by the Chief Clerk shall be admitted to the

13

House during a call.

14

Visitors shall not be admitted to the House after the doors

15

are closed and until the proceedings under the call are

16

terminated, but they shall be permitted to leave.

17

RULE 59

18

Lay on the Table

19

A motion to lay on the table is debatable, is not subject to

20

amendment and carries with it the main question and all other

21

pending questions which adhere to it, except when an appeal is

22

laid on the table. The passage of a motion to lay an amendment

23

on the table shall cause the subject bill or resolution and all

24

other amendments to be laid on the table.

25

RULE 60

26

Motion to Take from the Table

27

A motion to take from the table a bill or other subject is in

28

order under the same order of business in which the matter was

29

laid on the table. It shall be decided without amendment and is

30

debatable.

- 74 -

 


1

RULE 61

2

Previous Question

3

A motion for the previous question, seconded by 20 members

4

and sustained by a majority of the members present, shall put an

5

end to all debate and bring the House to an immediate vote on

6

the question then pending, or the questions on which it has been

7

ordered.

8

A motion for the previous question may be made to embrace any

9

or all pending amendments or motions and to include the passage

10

or rejection of a bill or resolution.

11

RULE 62

12

Call for Yeas and Nays─Reasons for Vote

13

The yeas and nays of the members on any question shall, at

14

the desire of any two of them, be entered on the Journal.

15

(Constitution, Article II, Section 12).

16

When the Speaker or any member is not satisfied with a voice

17

vote on a pending question, the Speaker may order a roll call

18

vote; or, upon request of two members, before the result of the

19

vote is announced, the Speaker shall order a roll call vote.

20

A member may submit a written explanation of his or her vote

21

immediately following the announcement of the result of the vote

22

and have it printed in the Journal.

23

RULE 63

24

Division of a Question

25

Any member may call for a division of a question by the

26

House, if it comprehends propositions so distinct and separate

27

that one being taken away, the other will stand as a complete

28

proposition for the decision of the House.

29

A motion to strike out and insert is indivisible, but a

30

motion to strike out being lost shall neither preclude amendment

- 75 -

 


1

nor a motion to strike out and insert.

2

RULE 64

3

Members Required to be Present and Vote

4

Every member shall be present within the Hall of the House

5

during its sittings, unless excused by the House or unavoidably

6

prevented, and shall vote for or against each question put,

7

unless he or she has a direct personal or pecuniary interest in

8

the determination of the question or unless excused.

9

No member shall be permitted to vote and have his or her vote

10

recorded on the roll unless present in the Hall of the House

11

during the roll call vote.

12

The Legislative Journal shall show the result of each roll

13

call by yeas and nays and those absent and those not voting.

14

RULE 64 (a)

15

Chronic Absenteeism

16

For purposes of this rule the term "chronic absenteeism"

17

shall mean the unexcused absence of a representative for a

18

period of five consecutive legislative days from official

19

sessions of the House of Representatives or the absence of a

20

committee member for a period of five consecutive days from an

21

assigned committee meeting which meeting qualifies as a regular

22

committee meeting under the rules of the House of

23

Representatives and the Sunshine Law of the Commonwealth.

24

Any representative who is absent without excuse from regular

25

House sessions for a period of five consecutive legislative days

26

or is absent for a period of five consecutive committee meetings

27

shall be deemed a chronic absentee and may, on a vote of the

28

full House, be held in contempt of this House upon motion of

29

five members of the House for chronic absence from regular House

30

sessions and by motion of three members of the standing

- 76 -

 


1

committee of the House to which such representative is assigned

2

for chronic absence from regularly scheduled committee meetings.

3

The term "chronic absenteeism" shall not include:

4

(1)  Absence due to the personal illness or bodily injury of

5

a representative.

6

(2)  Absence due to personal illness or bodily injury of a

7

member of the immediate family of the representative.

8

(3)  Death to a member of the immediate family of a

9

representative.

10

(4)  Any excused absence approved by the House pursuant to

11

its rules.

12

RULE 65

13

Member Having Private Interest

14

(1)  A member who has a personal or private interest in any

15

measure or bill proposed or pending before the House shall

16

disclose the fact to the House and shall not vote thereon.

17

(Constitution, Article III, Section 13).

18

(2)  A member who, for remuneration, represents any

19

organization required to register under 65 Pa.C.S. Ch. 13A

20

(relating to lobbying disclosure) shall file a statement of that

21

fact with the Chief Clerk.

22

RULE 65 (a)

23

Professionals-Legislators

24

(1)  Except as hereinafter provided, any member or employee

25

of the House or its agencies shall not be retained for

26

compensation to appear in his or her professional capacity to

27

represent the interest of any client in any proceeding before

28

any Commonwealth department, board, agency, bureau or

29

commission, except that such member or employee is authorized to

30

represent the interest of a client at any stage of a proceeding

- 77 -

 


1

before the Commonwealth or its agencies where such proceeding

2

was initially taken or brought as a ministerial action, as

3

defined by this rule, and as originally taken was not initially

4

adverse in nature to the interest of the Commonwealth or its

5

agencies.

6

(2)  The provisions of this rule shall not be applicable to

7

professionals-legislators:

8

(a)  Representing clients on criminal matters before the

9

courts of the Commonwealth.

10

(b)  Representing clients on civil matters before the

11

courts of the Commonwealth.

12

(c)  Representing clients in all stages of a proceeding

13

before the Commonwealth or its agencies which was initially

14

commenced as a ministerial action. The term "ministerial

15

action" means and includes any proceeding or action before

16

the Commonwealth or its agencies where the proceeding, as

17

initially commenced involved solely:

18

(i)  The uncontested or routine action by the

19

Commonwealth's administrative officers or employees in

20

issuing or renewing licenses, charters, certificates or

21

any other documents of a similar nature; or

22

(ii)  The preparation, filing and review of tax

23

returns and supporting documents required by law; or

24

(iii)  The preparation, filing and review of

25

engineering and architectural plans, drawings,

26

specifications and reports; or

27

(iv)  Any other initially routine or uncontested

28

preparation, filing, review or other action not

29

enumerated above and considered and normally handled by

30

the Commonwealth or its agencies as a ministerial action.

- 78 -

 


1

(d)  Representing clients in workmen's compensation

2

proceedings before the bureau, its referees or the Workmen's

3

Compensation Appeals Board.

4

(3)  This rule shall not apply to the other members of the

5

firm of such member and/or employee.

6

RULE 65 (b)

7

Financial Interests in Gaming Entities

8

Annually, on or before April 30, every member shall file an

9

affidavit with the Chief Clerk, on a form provided by the Chief

10

Clerk, affirming that neither the member nor an immediate family

11

member of the member holds a financial interest in violation of

12

4 Pa.C.S. § 1512 (relating to financial and employment

13

interests).

14

For purposes of this rule, "immediate family member" shall

15

mean a spouse, minor child or unemancipated child.

16

RULE 66

17

Electric Roll Call

18

The names of the members shall be listed on the electric roll

19

call boards by party affiliation in alphabetical order, except

20

the name of the Speaker shall be last.

21

On any question requiring the "yeas" and "nays", the electric

22

roll call system shall be used. On all other questions to be

23

voted upon, the Speaker may order the yeas and nays taken by the

24

electric roll call system or voice vote or, upon demand of two

25

members before the result of a vote has been declared, the yeas

26

and nays shall be taken by the electric roll call system.

27

In the event the electric roll call system is not in

28

operating order, the Speaker shall order all yea and nay votes

29

be taken by calling the roll, as provided in the Rules of the

30

House.

- 79 -

 


1

The vote of any member which has not been recorded because of

2

mechanical malfunction of the electric roll call system shall be

3

entered on the Journal, if said member was in the Hall of the

4

House at the time of the vote and did cast his or her vote at

5

the appropriate time, and the fact of such malfunction is

6

reported to the Speaker of the House prior to the announcement

7

of the result of the vote.

8

When the House is ready to vote upon any question requiring

9

the yeas and nays and the vote is to be taken by the electric

10

roll call system, the Speaker shall state: "The

11

question .............. (Designating the matter to be voted

12

upon.)" The Speaker shall then unlock the voting machine and

13

announce, "The members shall now proceed to vote." Once the

14

voting has begun, it shall not be interrupted, except for the

15

purpose of questioning the validity of a member's vote or, if

16

the voting switch of a member present in the Hall of the House

17

is locked or otherwise inoperative, a request that such switch

18

be rendered operative or such members vote be officially

19

recorded, before the result is announced.

20

When, in the judgment of the Speaker, reasonable time has

21

been allowed all members present in the House to vote (in no

22

event shall such time exceed ten minutes) the Speaker shall ask

23

the question: "Have all members present voted?" After a pause,

24

the Speaker shall lock the machine and instruct the Clerk to

25

record the vote, and the Speaker shall announce the result of

26

the vote.

27

No member or other person shall be allowed at the Clerk's

28

desk while the yeas and nays are being recorded, or the vote

29

counted.

30

After the voting machine is locked, no member may change a

- 80 -

 


1

vote and the votes of tardy members will not be recorded.

2

The vote as electrically recorded on the roll of members

3

shall not in any manner be altered or changed by any person.

4

Except as provided in this rule, no member shall vote for

5

another member, nor shall any person not a member vote for a

6

member.

7

Any member or other person who willfully tampers with or

8

attempts to disarrange, deface, impair or destroy in any manner

9

whatsoever the electrical voting equipment used by the House, or

10

who instigates, aids or abets with the intent to destroy or

11

change the record of votes thereon shall be punished in such

12

manner as the House determines.

13

A member who has been appointed by the Speaker to preside as

14

Speaker pro tempore may designate either the Majority or

15

Minority Whip to cast his or her vote on any question while

16

presiding in accordance with instructions from the Chair.

17

The Chief Clerk shall post all votes by the electric roll

18

call system on the Internet no later than the close of business

19

on the day they are made.

20

A prime sponsor of a bill, the Minority Leader or Majority

21

Leader or a member designated to act on their behalf may request

22

that the roll call remain open for the maximum time allowed in

23

accordance with this rule. During such roll call, no vote shall

24

be recorded unless the member is at his or her regularly

25

assigned seat.

26

RULE 67

27

Verification and Challenge

28

Upon completion of a roll call and before the result is

29

announced, if there appears to be need for verification, the

30

Speaker may direct the Clerk to verify it, or three members may

- 81 -

 


1

demand a verification.

2

Any member may challenge in writing the yea or nay or

3

electrically recorded vote of other members. The allegations

4

made shall be investigated by a committee composed of the

5

Speaker, a majority member and a minority member appointed by

6

the Speaker, who shall submit a report to the House not later

7

than its next session. The House shall then decide whether the

8

challenged vote shall be recorded or not.

9

If the challenged vote would change the result, the

10

announcement of the vote shall be postponed until the House

11

decides the case.

12

RULE 68

13

Changing Vote

14

No member may change a vote, or have a vote recorded after

15

the result of a roll call vote has been announced, nor after an

16

affirmative or negative roll has been 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

- 82 -

 


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

- 83 -

 


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 a designee; the Speaker of the House

8

of Representatives, or a designee; the Supervisor of the Capitol

9

Newsroom; the President of the Pennsylvania Legislative

10

Correspondents' Association, or a designee and the Executive

11

Director of the Pennsylvania Association of Broadcasters, or a

12

designee.

13

Persons desiring admission to the press sections of the

14

Senate and House of Representatives shall make application to

15

the Chair of the Committee on Correspondents. Such application

16

shall state the newspaper, press association or licensed radio

17

or television station, its location, times of publication or

18

hours of broadcasting, and be signed by the applicant.

19

The Committee on Correspondents shall verify the statements

20

made in such application, and, if the application is approved by

21

the committee, shall issue a correspondent's card signed by the

22

members of the committee.

23

The gallery assigned to newspaper correspondents or

24

recognized press association correspondents or representatives

25

of licensed radio and television stations, systems or

26

newsgathering agencies shall be for their exclusive use and

27

persons not holding correspondents cards shall not be entitled

28

to admission thereto. Employees of the General Assembly,

29

representatives and employees of state departments, boards,

30

commissions and agencies, visitors and members of the families

- 84 -

 


1

of correspondents entitled to admission to the press gallery

2

shall, at no time, be permitted to occupy the seats or be

3

entitled to the privileges of the press gallery.

4

Accredited representatives of newspapers, wire, newsreel

5

services and licensed radio or television stations, systems or

6

newsgathering agencies, may be authorized by the Speaker of the

7

House to take photographs, make audio or video recordings or

8

tapes, and to broadcast or televise in the House of

9

Representatives. Applications to take photographs, make audio or

10

video recordings or tapes, or to broadcast or televise at public

11

hearings of committees shall be approved by the committee chair

12

or co-chairs conducting such hearing. However, the committee

13

chair conducting the hearing may make such orders to such

14

representatives as may be necessary to preserve order and

15

decorum.

16

No photographs shall be taken nor any recordings or tapes

17

made, nor any broadcasting or televising done in the House of

18

Representatives during sessions, being at ease or recessed,

19

without prior notice to the Representatives. When possible, such

20

notice shall be given at the beginning of the session, at ease

21

or recess, during which the photographs, recordings or taping,

22

broadcasting or televising are scheduled to be taken or made.

23

No more than one representative of each newspaper, press

24

association or licensed radio or television station, system or

25

newsgathering agency shall be admitted to the press gallery at

26

one time. Members of the Pennsylvania Legislative

27

Correspondents' Association and representatives of licensed

28

radio and television stations, systems or newsgathering

29

agencies, assigned to the House of Representatives on a daily

30

basis shall have permanent assigned seating in the press gallery

- 85 -

 


1

with identification plates. Visiting representatives of daily

2

newspapers, press associations, Sunday newspapers as well as

3

radio and television stations, systems or newsgathering agencies

4

shall coordinate seating accommodations with the supervisor of

5

the Capitol Newsroom.

6

Persons assigned to the press gallery on a permanent or

7

temporary basis, shall at all times, refrain from loud talking

8

or causing any disturbance which tends to interrupt the

9

proceedings of the House of Representatives.

10

Persons assigned to the press gallery on a permanent or

11

temporary basis shall not walk onto the floor of the House of

12

Representatives nor approach the rostrum or the clerks' desks

13

during session or while being at ease.

14

Persons assigned to the press gallery on a permanent or

15

temporary basis wishing to confer with a Representative shall

16

disclose this fact by having a message delivered by a page to

17

the Representative. Such conversation shall be conducted off the

18

floor of the House of Representatives.

19

Representatives of the Pennsylvania Public Broadcasting

20

System may, subject to regulations of the Speaker, televise or

21

make video tapes of proceedings of sessions of the House of

22

Representatives and meetings of all committees of the House of

23

Representatives.

24

RULE 74

25

Visitors

26

Visitors shall be admitted to the Hall of the House only when

27

sponsored by a member. The Chief Clerk shall issue an

28

appropriate pass to any visitor so sponsored.

29

Persons admitted to the Hall of the House other than members

30

and attaches, shall not be permitted to stand while the House is

- 86 -

 


1

in session but shall be seated in chairs provided for them. At

2

no time shall visitors be permitted on the Floor of the House

3

while the House is in session unless so permitted by the

4

Speaker.

5

RULE 75

6

Lobbyists

7

No registered lobbyist shall be admitted to the Hall of the

8

House.

9

RULE 76

10

Soliciting Prohibited

11

No officer or employee of the House shall solicit any member,

12

other officer or employee of the House for any purpose.

13

RULE 77

14

Suspending and Changing Rules

15

Unless otherwise specified in another rule, any rule of the

16

House, which is not required by the Constitution, may be

17

temporarily suspended at any time for a specific purpose only by

18

a vote of two-thirds of the members elected to the House by a

19

roll call vote.

20

A motion to suspend the rules may not be laid on the table,

21

postponed, committed or amended and may be debated by the

22

majority leader, the minority leader, the maker of the motion,

23

the maker of the amendment under consideration and the prime

24

sponsor of the bill under consideration.

25

A brief description of the underlying bill or amendment shall

26

be given whenever a member moves to suspend the rules of the

27

House in order to consider such bill or amendment.

28

The existing rules of the House shall not be changed, added

29

to, modified or deleted except by written resolution and the

30

same approved by a majority vote of the members elected to the

- 87 -

 


1

House by a roll call vote.

2

Except where such resolution originates with the Committee on

3

Rules, no resolution proposing any change, addition,

4

modification or deletion to existing House rules shall be

5

considered until such resolution has been referred to the

6

Committee on Rules, reported therefrom, printed, filed on the

7

desk of each member and placed on the calendar.

8

Any proposed change, addition, modification or deletion

9

offered by a member on the floor of the House to such resolution

10

shall be considered, in effect, a change, addition, modification

11

or deletion to existing House rules and shall require for

12

approval a majority vote of the members by a roll call vote.

13

RULE 78

14

Parliamentary Authority

15

Mason's Manual supplemented by Jefferson's Manual of

16

Legislative Procedure shall be the parliamentary authority of

17

the House, if applicable and not inconsistent with the

18

Constitution of Pennsylvania, the laws of Pennsylvania

19

applicable to the General Assembly, the Rules of the House, the

20

established precedents of the House and the established customs

21

and usages of the House.

22

(2009-2010)

<--

23

RULES OF THE HOUSE OF REPRESENTATIVES

24

Definitions:

25

"Day" shall mean any calendar day.

26

"Floor of the House" shall be that area within the Hall of

27

the House between the Speaker's rostrum and the brass rail

28

behind the Members' seats.

29

"Formal Action" shall mean any vote or motion of a member of

30

a standing committee, standing subcommittee, select committee or

- 88 -

 


1

rules committee of the House of Representatives to report or not

2

report, amend, consider or table a bill or resolution and the

3

discussion and debate thereof.

4

"Hall of the House" shall be the floor space within its four

5

walls and does not include the adjoining conference rooms, the

6

lobbies or the upper gallery of the House.

7

"Legislative Day" shall mean any day that the House shall be

8

in session.

9

"Press Gallery" shall be within that area known as the Hall

10

of the House as designated by the Speaker.

11

"Roll Call Vote" shall be a vote taken and displayed by and

12

on the electric roll call board or in the event of a malfunction

13

of the electric roll call board, by such method as shall be

14

determined by the Speaker.

15

RULE 1

16

Speaker Presiding

17

The Speaker shall preside over the sessions of the House. The

18

Speaker may name a member to preside, but the substitution shall

19

not extend beyond an adjournment. The Speaker may appoint a

20

member as Speaker pro tempore to act in the Speaker's absence

21

for a period not exceeding ten consecutive legislative days.

22

As presiding officer and in accordance with Article II § 2 of

23

the Constitution of Pennsylvania and the act of June 3, 1937

24

(P.L.1333, No.320), known as the Pennsylvania Election Code,

25

within ten days after the occurrence of a vacancy the Speaker

26

shall issue a writ for a special election to be held on a date

27

which shall occur on or before the date of the first primary,

28

municipal or general election which occurs not less than 60 days

29

after the issuance of the writ. The Speaker shall not be

30

required to issue a writ of election if the election cannot be

- 89 -

 


1

scheduled until after the general election.

2

In case of failure to make an appointment, the House shall

3

elect a Speaker pro tempore to act during the absence of the

4

Speaker.

5

The Speaker pro tempore shall perform all the duties of the

6

Chair during the absence of the Speaker.

7

RULE 1 (a)

8

Equal Opportunity Officer and Advisory Committee

9

The Speaker shall designate an Equal Opportunity Officer who

10

shall report to the Speaker. There shall be an Equal Opportunity

11

Advisory Committee, appointed by the Speaker in consultation

12

with the Majority Leader and Minority Leader, to assist the

13

Equal Opportunity Officer in developing, recommending and

14

implementing equal opportunity employment and procurement

15

policies in the House of Representatives.

16

RULE 2

17

Taking the Chair

18

The Speaker shall take the Chair and call the members to

19

order on every legislative day at the hour to which the House

20

adjourned at the last sitting. On the appearance of a quorum,

21

the Speaker shall proceed to the regular order of business as

22

prescribed by the rules of the House.

23

RULE 3

24

Order and Decorum

25

The Speaker or Presiding Officer shall preserve order and

26

decorum. In case of any disturbance or disorderly conduct in the

27

galleries or lobbies, the Speaker shall have the power to order

28

the same to be cleared.

29

The Speaker or Presiding Officer shall have the right to

30

summon Legislative Security Officers to enforce in the

- 90 -

 


1

preservation of order and decorum, and if needed, to summon the

2

State Police to assist.

3

The Sergeant-at-Arms and Legislative Security Officers under

4

the direction of the Speaker or the Presiding Officer shall,

5

while the House is in session, maintain order on the floor and

6

its adjoining rooms and shall enforce the rule with respect to

7

the conduct of members, staff and visitors.

8

RULE 4

9

Questions of Order

10

The Speaker shall decide all questions of order subject to an

11

appeal by two members. The decision of the Speaker shall stand

12

as the decision of the House unless so appealed and overturned

13

by a majority of the members elected to the House. The Speaker

14

may, in the first instance, submit the question to the House.

15

Questions involving the constitutionality of any matters shall

16

be decided by the House. On questions of order there shall be no

17

debate except on an appeal from the decision of the Speaker or

18

on reference of a question to the House. In either case, no

19

member shall speak more than once except by leave of the House.

20

Unless germane to the appeal, a second point of order is not

21

in order while an appeal is pending; but, when the appeal is

22

disposed of, a second point of order is in order and is subject

23

to appeal.

24

RULE 5

25

Conference and Select Committee Appointments

26

All Committees of Conference shall be appointed by the

27

Speaker and shall be composed of three members, two of whom

28

shall be selected from the majority party and one from the

29

minority party.

30

The Speaker shall appoint the members of select committees,

- 91 -

 


1

unless otherwise ordered by the House.

2

RULE 6

3

Signature of the Speaker

4

The Speaker shall, in the presence of the House, sign all

5

bills and joint resolutions passed by the General Assembly after

6

their titles have been publicly read immediately before signing,

7

and the fact of signing shall be entered on the Journal.

8

Resolutions, addresses, orders, writs, warrants and subpoenas

9

issued by order of the House shall be signed by the Speaker and

10

attested by the Chief Clerk.

11

RULE 7

12

Oath to Employees

13

The Chief Clerk shall administer an oath or affirmation to

14

the employees of the House that they will severally support,

15

obey and defend the Constitution of the United States and the

16

Constitution of Pennsylvania, and that they will discharge the

17

duties of their offices with fidelity.

18

Each employee of the House, after taking the oath of office,

19

shall sign the Oath Book in the presence of the Chief Clerk.

20

RULE 8

21

Supervision of Hall of the House

22

and Committee Rooms

23

Subject to the direction of the Speaker, the Chief Clerk

24

shall have supervision and control over the Hall of the House,

25

the caucus and committee rooms and all other rooms assigned to

26

the House.

27

During the sessions of the Legislature the Hall of the House

28

shall not be used for public or private business other than

29

legislative matters except by consent of the House. During

30

periods of recess of the House such use may be authorized by the

- 92 -

 


1

Speaker without the consent of the House.

2

RULE 9

3

Decorum

4

While the Speaker is putting a question or addressing the

5

House and during debate or voting, no member shall disturb

6

another by talking or walking up and down or crossing the floor

7

of the House.

8

RULE 9 (a)

9

Smoking

10

No smoking of cigarettes, cigars, pipes and other tobacco

11

products shall be allowed in the Hall of the House nor in any

12

interior area of the Capitol Complex under the control of the

13

House of Representatives.

14

RULE 10

15

Debate

16

When a member desires to address the House, the member shall

17

rise and respectfully address the Speaker. Upon being

18

recognized, the member may speak, and shall be confined to the

19

question under consideration and avoiding personal reflections.

20

When two or more members rise at the same time and ask for

21

recognition, the Speaker shall designate the member who is

22

entitled to the floor.

23

No member, except the Majority and Minority Leaders, may

24

speak more than twice on any question, without the consent of

25

the House.

26

With the unanimous consent of the House a member may make a

27

statement not exceeding ten minutes in length concerning a

28

subject or matter not pending before the House for

29

consideration, providing the Majority and Minority Leaders have

30

agreed on a time the member is to ask for recognition.

- 93 -

 


1

RULE 11

2

Interruption of a Member who Has the Floor

3

A member who has the floor may not be interrupted, except for

4

questions of order, by a motion to extend session or by a motion

5

for the previous question.

6

A member may yield the floor for questions related to the

7

subject before the House.

8

RULE 12

9

Personal Privilege

10

Any member may by leave of the Speaker rise and explain a

11

matter personal to the member, but the member shall not discuss

12

a pending question in the explanation. Questions of personal

13

privilege shall be limited to questions affecting the rights,

14

reputation and conduct of members of the House in their

15

respective capacity.

16

RULE 13

17

Transgression of House Rules

18

If any member in speaking or otherwise transgresses the Rules

19

of the House, the Speaker or any member through the Speaker

20

shall call the member to order, in which case the member shall

21

immediately sit down unless permitted by the House to explain.

22

The House upon appeal shall decide the case without debate.

23

If the decision is in favor of the member, the member may

24

proceed. If the case requires it, the member shall be liable to

25

censure or other punishment as the House deems proper.

26

RULE 14

27

Members' and Employees' Expenses

28

A member who attends a duly called meeting of a standing or

29

special committee of which he or she is a member when the House

30

is not in session or who is summoned to the State Capitol or

- 94 -

 


1

elsewhere by the Speaker, or the Majority or Minority Leader of

2

the House, to perform legislative services when the House is not

3

in session shall be reimbursed per day for each day of service,

4

plus mileage to and from the member's residence, at such rates

5

as are established from time to time by the Committee on Rules

6

but not in excess of the applicable maximum mileage rate

7

authorized by the Federal Government. For travel to any location

8

for committee meetings or for travel to the State Capitol for

9

any reason, members cannot receive reimbursement in excess of

10

the applicable maximum per diem rate authorized by the Federal

11

Government. These expenses shall be paid by the Chief Clerk from

12

appropriation accounts under the Chief Clerk's exclusive control

13

and jurisdiction, upon a written request approved by the Speaker

14

of the House, or the Majority or the Minority Leader of the

15

House.

16

An employee of the House summoned by the Speaker or the

17

Majority or Minority Leader of the House to perform legislative

18

services outside of Harrisburg shall be reimbursed for actual

19

expenses and mileage to and from the employee's residence. Such

20

expenses may be paid by the Speaker, Majority or Minority

21

Leader, if they agree to do so, or shall be paid by the Chief

22

Clerk from appropriation accounts under the Chief Clerk's

23

exclusive control and jurisdiction, upon a written request

24

approved by the Speaker, or the Majority or the Minority Leader.

25

District office employees are only permitted to be reimbursed

26

from an account under the control of the Chief Clerk when

27

traveling to Harrisburg for a training program sponsored by

28

either caucus or for travel to a legislative conference approved

29

by the Speaker, the Majority Leader or the Minority Leader. All

30

other travel by district office employees may be reimbursed from

- 95 -

 


1

the member's accountable expenses or an account under the

2

control of the Speaker, the Majority Leader or the Minority

3

Leader.

4

Members and employees traveling outside the Commonwealth of

5

Pennsylvania who receive any reimbursement for expenses or

6

travel which reimbursement is from public funds shall file with

7

the Chief Clerk a statement containing his or her name and the

8

name, place, date and the purpose of the function.

9

Money appropriated specifically to and allocated under a

10

specific symbol number for allowable expenses of members of the

11

House of Representatives shall be reimbursed to each member upon

12

submission of vouchers and any required documentation by each

13

member on forms prepared by the Chief Clerk of the House. No

14

reimbursement shall be made from this account where a member is

15

directly reimbursed for the same purpose from any other

16

appropriation account.

17

Such allowable expenses of members may be used for any

18

legislative purpose or function, including but not limited to

19

the following:

20

(1)  Travel expense on legislative business.

21

(a)  Mileage on session or nonsession days at a rate as

22

may be approved from time to time by the Committee on Rules,

23

but not in excess of the maximum mileage rate authorized by

24

the Federal Government for travel; voucher only.

25

(b)  Miscellaneous transportation on legislative business

26

(taxi, airport limousine parking, tolls), and expenses of a

27

similar nature; voucher only for any single expense not in

28

excess of $10.

29

(c)  Travel on legislative business by common carrier

30

other than taxi and airport limousine; voucher and receipt

- 96 -

 


1

from common carrier.

2

(d)  Car rental; voucher and receipt from rental agency

3

but reimbursement not to exceed in any month an amount as may

4

be approved from time to time by the Committee on Rules. Any

5

amount in excess of the said amount shall be paid by the

6

person renting the car. In no event shall other than American

7

manufactured cars be rented.

8

(e)  Lodging, restaurant charges and other miscellaneous

9

and incidental expenses while away from home. Vouchers only

10

for per diem allowance approved from time to time by the

11

Committee on Rules, but not in excess of the applicable

12

maximum per diem rate authorized by the Federal Government or

13

for actual expenses not in excess of such per diem rate.

14

(2)  Administrative, clerical and professional services for

15

legislative business, except for employment of spouses or any

16

relatives, by blood or marriage.

17

(a)  Administrative and clerical services; voucher and

18

receipt from person employed.

19

(b)  Professional services; voucher and receipt and copy

20

of agreement or contract of employment.

21

(3)  Rent for legislative office space; purchase of office

22

supplies; postage; telephone and answering services; printing

23

services and rental only of office equipment; voucher and

24

vendor's receipt, except for postage expense. No reimbursement

25

or expenditure shall be made out of any appropriation account

26

for any mass mailing including a bulk rate mailing made at the

27

direction or on behalf of any member which is mailed or

28

delivered to a postal facility within 60 days immediately

29

preceding any primary or election at which said member is a

30

candidate for public office.

- 97 -

 


1

Mass mailing shall mean a newsletter or similar mailing of

2

more than 50 pieces in which the content of the matter is

3

substantially identical. Nothing in this rule shall apply to any

4

mailing which is in direct response to inquiries or requests

5

from persons to whom matter is mailed, which is addressed to

6

colleagues in the General Assembly or other government officials

7

or which consists entirely of news releases to the

8

communications media.

9

(4)  Official entertainment─restaurant and beverage charges;

10

voucher only for expenses. Receipts for entertainment expenses,

11

together with a statement of the reason for the expense, shall

12

be submitted with the request for reimbursement.

13

(5)  Purchase of flags, plaques, publications, photographic

14

services, books, and other similar items in connection with

15

legislative activities; voucher and vendor's receipt.

16

(6)  Communications and donations in extending

17

congratulations or sympathy of illness or death; voucher only on

18

expenses not in excess of $35.

19

No money appropriated for members' and employees' expenses

20

shall be used for contributions to political parties or their

21

affiliated organizations or to charitable organizations or for

22

charitable advertisements.

23

[A member shall not create, maintain or cause to be created

24

or maintained a legislative nonprofit organization. A

25

"legislative nonprofit organization" means a nonprofit

26

corporation or other entity whose primary purpose is to receive

27

funds under the General Appropriation Act or another

28

appropriations act at the discretion or by reason of the

29

influence of a member for the use at the direction or discretion

30

of the member. The Ethics Committee shall issue to any member

- 98 -

 


1

upon such member's request an opinion with respect to such

2

member's duties under this rule. The Ethics Committee shall,

3

within 14 days, issue the opinion. No member who acts in good

4

faith on an opinion issued to that member by the Ethics

5

Committee shall be subject to any sanctions for so acting,

6

provided that the material facts are as stated in the opinion

7

request. The Ethics Committee's opinions shall be public records

8

and may from time to time be published. The member requesting

9

the opinion may, however, require that the opinion shall contain

10

such deletions and changes as shall be necessary to protect the

11

identity of the persons involved.]

12

No money may be expended within 60 days before a primary

13

election or within 60 days before a general election in even-

14

numbered years for:

15

(i)  purchase of or the reimbursement for the purchase of any

16

radio or television broadcast time for public service

17

announcements that depict the name, voice or image of a member;

18

or

19

(ii)  payment for telemarketing activities on behalf of a

20

member. This prohibition shall not apply to limited surveys to

21

determine public opinion on various issues.

22

Members and employees shall not request reimbursement for the

23

private lease of vehicles leased on a long-term basis. No

24

payments will be made with respect to private, long-term lease

25

vehicle expenses incurred by members or employees except with

26

respect to private, long-term lease arrangements entered into by

27

a member prior to [the effective date of this rule] March 13,

28

2007, payments for which will be made in accord with the rules

29

in place on [the day before the effective date of this rule]

30

March 12, 2007. The Chief Clerk is authorized to enter into a

- 99 -

 


1

master lease agreement with the Department of General Services

2

for the long-term lease of automobiles.

3

All disbursements made, debts incurred or advancements paid

4

from any appropriation account made to the House or to a member

5

or nonmember officer under a General Appropriation Act or any

6

other appropriation act shall be recorded in a monthly report

7

and filed with the Chief Clerk by the person authorized to make

8

such disbursement, incur any debt or receive any advancement on

9

a form prescribed by the Chief Clerk.

10

The Chief Clerk shall prescribe the form of all such reports

11

and make such forms available to those persons required to file

12

such reports. Such report form shall include:

13

(1)  As to personnel:

14

(a)  The name, home address, job title, brief description

15

of duties and where they are performed, department or member

16

or members to whom assigned, the name of immediate supervisor

17

and minimum hours of employment per week of each employee.

18

(b)  The appropriation account from which such employee

19

is compensated, the amount of compensation and whether such

20

person is on salary, per diem or contract.

21

(2)  As to all other expenditures:

22

(a)  To whom it was paid, the amount thereof, and the

23

nature of the goods, services or other purpose for which the

24

expenditure was made.

25

(b)  The appropriation account from which the expenditure

26

was made and the name or names of the person or persons

27

requesting and/or authorizing the same.

28

[A copy of each such report shall also be filed with the

29

Special Committee on Internal Affairs and House Administration

30

for use in the performance of its duties under Rule 47(a).]

- 100 -

 


1

The reporting requirements as to personnel may be fulfilled

2

by the maintenance in the Office of the Chief Clerk of the House

3

of an alphabetized file containing the current information for

4

each employee as set forth above.

5

All monthly reports filed on disbursements made or debts

6

incurred by any officer or member or employee from

7

appropriations made to the House or to a member or nonmember

8

officer under any General Appropriation Act, and the

9

documentation for each disbursement, shall be public information

10

and shall be available [for public inspection during regular

11

business hours in the office of the Chief Clerk. The Chief Clerk

12

shall prescribe reasonable rules and regulations for inspection

13

of such reports but in no case shall inspection be denied to any

14

person for a period exceeding 48 hours (excluding Saturdays and

15

Sundays) from the time a written request has been submitted to

16

the Chief Clerk. Photocopies of such reports shall be made

17

available upon request to a member at no charge or to the public

18

for a duplication fee as may be fixed by the Chief Clerk. Such

19

reports shall be made available to a member or to the public on

20

or before the last day of the month next succeeding the month in

21

which the report was filed] in accordance with the act of

22

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

23

All vouchers and requisitions relating to all expenditures,

24

expenses, disbursements and other obligations out of all

25

appropriated funds of the House, and the documentation

26

evidencing payment of the vouchers and requisitions, shall be

27

available [for public inspection during regular business hours

28

in the office of the Chief Clerk or at such other location

29

within the Capitol as the Chief Clerk shall prescribe. Nothing

30

in this rule shall permit release of any information deemed

- 101 -

 


1

confidential, including, but not limited to, a telephone number

2

or call history, a credit card number and a Social Security

3

number or a Federal or a State tax identification number] in

4

accordance with the Right-to-Know Law.

5

[All requests to review payroll and independent contractor

6

records of the House or any other vouchers or requisitions for

7

funds appropriated to the House shall be made to the Chief

8

Clerk, in writing, at least three working days prior to the date

9

on which the review is requested. The request shall be signed by

10

the party who will be making the review and it shall indicate

11

the name of the organization or entity employing such

12

individual. The Chief Clerk shall establish a time during normal

13

business hours for the review to occur and he shall provide that

14

the review shall not interfere with the necessary functioning of

15

the Chief Clerk's office.]

16

All requests for reimbursement out of any appropriation shall

17

be accompanied by a voucher, or other documents where required,

18

evidencing payment or approval. All requests for reimbursement

19

out of any appropriation payable to a member, nonmember officer

20

or employee shall be void if not submitted within 90 days of the

21

date that the otherwise allowable expense is incurred for any

22

and all otherwise allowable expenses, including without

23

limitation, per diem, mileage and actual expenses incurred. Any

24

such void request for reimbursement may not be paid except

25

pursuant to a motion to suspend this rule for good cause

26

specific to the voided request for reimbursement. In no event

27

shall any payment or reimbursement be made for any otherwise

28

allowable expense incurred on or before March 12, 2007. The

29

voucher form shall be approved and supplied by the Chief Clerk.

30

Receipts or documentation of every expenditure or disbursement

- 102 -

 


1

which is in excess of the maximum amount as set forth herein

2

shall be attached to the voucher. Where a request for payment is

3

made in advance of an expense actually incurred, the Chief

4

Clerk, before making such advance payment shall require a

5

description satisfactory to the Chief Clerk of the item or

6

service to be purchased or the expense to be incurred, and a

7

receipt or other documentation shall be given to the Chief Clerk

8

after the item or service has been purchased or expense incurred

9

as evidence that such advancement was in fact expended for such

10

purpose.

11

All reports, vouchers and receipts from which reports are

12

prepared and filed shall be retained by the Chief Clerk, officer

13

or member, as the case may be, for such period of time as may be

14

necessary to enable the Legislative Audit Advisory Commission

15

created pursuant to the act of June 30, 1970 (P.L.442, No.151),

16

entitled "An act implementing the provisions of Article VIII,

17

section 10 of the Constitution of Pennsylvania, by designating

18

the Commonwealth officers who shall be charged with the function

19

of auditing the financial transactions after the occurrence

20

thereof of the Legislative and Judicial branches of the

21

government of the Commonwealth, establishing a Legislative Audit

22

Advisory Commission, and imposing certain powers and duties on

23

such commission," to conduct, through certified public

24

accountants appointed by it, annual audits to assure that such

25

disbursements made or debts incurred were in accordance with

26

Legislative Audit Advisory Commission guidelines and standards

27

as approved by the Committee on Rules, or for a minimum of three

28

years, whichever is longer. All annual audit reports shall be

29

available for public inspection. Photocopies of such reports

30

shall be available for a fee established by the Chief Clerk not

- 103 -

 


1

to exceed the cost of duplication.

2

Except as specifically prohibited by law or limited by this

3

rule, all expenditures of funds appropriated to the House or to

4

a member or nonmember officer shall be subject to the

5

expenditure guidelines established by the Rules Committee. The

6

Rules Committee shall establish standards regarding

7

documentation evidencing payment out of any appropriations

8

account made to the House or to a member or nonmember officer.

9

The Bipartisan Management Committee shall receive and review

10

suggestions from the Comptroller on ways to reduce costs and

11

improve the fiscal operations of the House. The Comptroller,

12

following authorization by the Bipartisan Management Committee,

13

shall implement cost-reducing and other new measures to improve

14

the fiscal operations of the House.

15

RULE 14 (a)

16

Employee Payroll Information

17

In accordance with the act of January 10, 1968 (1967 P.L.925,

18

No.417), referred to as the Legislative Officers and Employes

19

Law, the Chief Clerk shall compile, annually, on or prior to the

20

first day of February of each year, a complete list of employees

21

of the House of Representatives. The list shall include the full

22

name, job title, work address and name of immediate supervisor

23

of every employee of the House of Representatives and shall

24

include such information for every person employed for any

25

period of time during the preceding 12 months. In addition to

26

the information required under the Legislative Officers and

27

Employes Law, the list shall include the payroll wage

28

information for those House employees paid during the preceding

29

calendar year. The list shall be available for public inspection

30

in the Office of the Chief Clerk during regular business hours.

- 104 -

 


1

RULE 14 (b)

2

Electronic Availability of Reports

3

In addition to the other methods of availability under Rule

4

14, all expense reports existing in electronic form shall be

5

provided electronically by the Chief Clerk upon request.

6

RULE 15

7

Time of Meeting

8

The House shall convene on the first legislative day of the

9

week at 1:00 P.M. prevailing time, unless otherwise ordered by a

10

roll call vote of the majority of those elected to the House.

11

On other days the House shall convene at the discretion of

12

the House. No session of the House may begin before 8:00 A.M.

13

nor [end] may any roll call votes be taken after 11:00 P.M.

14

unless exigent circumstances exist, as determined by an

15

affirmative vote of three-fourths of the members elected to the

16

House, by a roll call vote on a motion to extend session. A

17

motion to extend session may be made to extend session generally

18

or to conclude business on a specific question or questions. If

19

a motion to extend session is made prior to 10:15 P.M. and a

20

roll call vote has not been ordered, the arrival of 10:45 P.M.

21

shall put an end to all debate and shall bring the House to an

22

immediate roll call vote on the question to extend session.

23

Nothing in this rule shall prevent the House from conducting

24

administrative matters, including the making of announcements

25

regarding the House schedule for the benefit of members or in

26

order to comply with 65 Pa.C.S. § 709 (relating to public

27

notice) after 11:00 P.M. Upon the Speaker's determination that

28

all administrative matters are concluded, the Speaker shall

29

adjourn the House.

30

RULE 16

- 105 -

 


1

Quorum

2

A majority of the members shall constitute a quorum, but a

3

smaller number may adjourn from day to day and compel the

4

attendance of absent members. (Constitution, Article II, Section

5

10).

6

When less than a quorum vote on any question, the Speaker

7

shall forthwith order the doors of the House closed and the

8

names of the members present shall be recorded. If it is

9

ascertained a quorum is present, either by answering to their

10

names or by their presence in the House, the Speaker shall again

11

order the yeas and nays. If any member present refuses to vote,

12

refusal shall be deemed a contempt. Unless purged, the House may

13

order the Sergeant-at-Arms to remove the member or members

14

without the bar of the House. All privileges of membership shall

15

be refused the member or members so offending until the contempt

16

is purged.

17

RULE 17

18

Order of Business

19

The daily order of business shall be:

20

(1)  Prayer by the Chaplain.

21

(2)  Pledge of Allegiance.

22

(3)  Correction and approval of the Journal.

23

(4)  Leaves of absence.

24

(5)  Master Roll Call.

25

(6)  Reports of Committee.

26

(7)  First consideration bills.

27

(8)  Second consideration bills.

28

(9)  Third consideration bills, final passage bills

29

(including both third consideration and final passage postponed

30

bills) and resolutions.

- 106 -

 


1

(10)  Final passage bills recalled from the Governor.

2

(11)  Messages from the Senate and communications from the

3

Governor.

4

(12)  Reference to appropriate committees of bills,

5

resolutions, petitions, memorials, remonstrances and other

6

papers.

7

(13)  Unfinished business on the Speaker's table.

8

(14)  Announcements.

9

(15)  Adjournment.

10

Any question may, by a majority vote of the members elected,

11

be made a special order of business. When the time arrives for

12

its consideration, the Speaker shall lay the special order of

13

business before the House.

14

In lieu of offering House Resolutions on topics of importance

15

to members, any member, without unanimous consent, may address

16

the House on such issue and have his or her remarks entered into

17

the record during a special period of time established each week

18

by the Speaker at the conclusion of House business on a specific

19

day.

20

RULE 18

21

Introduction and Printing of Bills

22

Bills shall be introduced in quadruplicate, signed and dated

23

by each member who is a sponsor of the bill, and filed with the

24

Chief Clerk on any day that the offices of the House of

25

Representatives are open for business. A sponsor may be added or

26

withdrawn upon written notice to the Speaker, Majority Leader,

27

Minority Leader and the prime sponsor. In the case of

28

withdrawals, the names shall be withdrawn if and when the bill

29

is reprinted. Additional sponsors may be added only by the prime

30

sponsor by providing written notice to the Speaker, Majority

- 107 -

 


1

Leader and Minority Leader.

2

Bills introduced when received at the Chief Clerk's desk

3

shall be numbered consecutively and delivered to the Speaker,

4

who shall refer each bill to an appropriate committee on any day

5

whether or not the House is in session. If the resolution

6

creating a select committee authorizes the referral of bills to

7

that committee, the Speaker may refer bills, within the scope of

8

the resolution, to such select committee. Insofar as applicable,

9

the select committee shall consider and report bills in

10

accordance with the rules governing the consideration and

11

reporting of bills by standing committees. The Speaker shall

12

report to the House the committees to which bills have been

13

referred, either on the day introduced or received or on the

14

next two legislative days the House is in session, unless the

15

House is in recess for more than four consecutive days in which

16

case the Speaker shall provide a list to the Majority Leader and

17

the Minority Leader, within two calendar days, of all bills

18

which were referred during such period when the House was not in

19

session.

20

If the Speaker neglects or refuses to refer to committee any

21

bill or bills (whether House or Senate) as above after

22

introduction or presentation by the Senate for concurrence, any

23

member may move for the reference of the bill to an appropriate

24

committee. If the motion is carried, said bill or bills shall be

25

immediately surrendered by the Speaker to the committee

26

designated in said motion.

27

The first copy of each bill introduced shall be for the

28

committee, the second copy shall be for the printer, the third

29

copy shall be for the news media and the fourth copy shall be

30

for the Legislative Reference Bureau.

- 108 -

 


1

Every bill, after introduction and reference to committee,

2

shall be printed and shall also be posted on the Internet with

3

the hyperlink to the web page for the members of the House of

4

Representatives.

5

Bills may not be withdrawn after reference to committee.

6

RULE 19

7

Bills Referred to Committees

8

No bill shall be considered unless referred to a committee,

9

printed for the use of the members and returned therefrom.

10

(Constitution, Article III, Section 2).

11

RULE 19 (a)

12

Fiscal Notes

13

(1)  No bill, except a General Appropriation bill or any

14

amendments thereto, which may require an expenditure of

15

Commonwealth funds or funds of any political subdivision or

16

which may entail a loss of revenues overall, or to any

17

separately established fund shall be given third consideration

18

reading on the calendar until it has first been referred to the

19

Appropriations Committee for a fiscal note, provided however

20

that the Rules Committee may by an affirmative vote of three-

21

quarters of the entire membership to which such committee is

22

entitled:

23

(a)  Waive the recommittal to the Appropriations

24

Committee and provide that the fiscal note be attached to the

25

bill while on the active calendar. The providing of such note

26

shall be a priority item for the Appropriations Committee; or

27

(b)  Waive the necessity of a fiscal note on any bill

28

which it deems to have a de minimis fiscal impact or which

29

merely authorizes, rather than mandates, an increase in

30

expenditures or an action that would result in a loss of

- 109 -

 


1

revenue.

2

(2)  Nothing herein shall preclude any member from moving, at

3

the proper time, the recommittal of any bill to the

4

Appropriations Committee for a fiscal note.

5

(3)  The Appropriations Committee shall be limited in its

6

consideration of any such bill to the fiscal aspects of the bill

7

and shall not consider the substantive merits of the bill nor

8

refuse to report any such bill from committee for reasons other

9

than fiscal aspects. The fiscal note shall accompany the bill

10

and provide the following information in connection with the

11

Commonwealth and its political subdivisions:

12

(a)  The designation of the fund out of which the

13

appropriation providing for expenditures under the bill shall

14

be made;

15

(b)  The probable cost of the bill for the fiscal year of

16

its enactment;

17

(c)  A projected cost estimate of the program for each of

18

the five succeeding fiscal years;

19

(d)  The fiscal history of the program for which

20

expenditures are to be made;

21

(e)  The probable loss of revenue from the bill for the

22

fiscal year of its enactment;

23

(f)  A projected loss of revenue estimate from the bill

24

for each of the five succeeding fiscal years;

25

(g)  The line item, if any, of the General Fund, special

26

fund or other account out of which expenditures or losses of

27

Commonwealth funds shall occur as a result of the bill;

28

(h)  The recommendation, if any, of the Appropriations

29

Committee and the reasons therefor relative to the passage or

30

defeat of the bill; and

- 110 -

 


1

(i)  A reference to the source of the data from which the

2

foregoing fiscal information was obtained, and an explanation

3

of the basis upon which it is computed.

4

(4)  No bill which may result in an increase in the

5

expenditure of Commonwealth funds shall be given third

6

consideration reading on the calendar until the Appropriations

7

Committee has certified that provision has been made to

8

appropriate funds equal to such increased expenditure. Whenever

9

the Appropriations Committee cannot so certify, the bill shall

10

be returned to the committee from which it was last reported for

11

further consideration and/or amendment.

12

(5)  No amendment to a bill, concurrences in Senate

13

amendments, or adoption of a conference report which may result

14

in an increase in the expenditure of Commonwealth funds or those

15

of a political subdivision or which may entail a loss of

16

revenues in addition to that originally provided for in the bill

17

prior to the proposed changes nor any bill requiring a fiscal

18

note for which re-referral to the Appropriations Committee has

19

been waived by the Rules Committee shall be voted upon until a

20

fiscal note is available for distribution to the members with

21

respect to such changes or to such bill showing the fiscal

22

effect of the changes with respect to the bill, and containing

23

the information set forth by subsection (3) of this rule.

24

(6)  When an amendment or certificate is timely filed with

25

the amendment clerk under Rule 21, the amendment or certificate

26

shall be forwarded to the Appropriations Committee. Upon receipt

27

of an amendment, the Appropriations Committee shall

28

automatically prepare a fiscal note.

29

(7)  In obtaining the information required by these rules,

30

the Appropriations Committee may utilize the services of the

- 111 -

 


1

Office of the Budget and any other State agency as may be

2

necessary.

3

(8)  Any bill proposing any change relative to the retirement

4

system of the Commonwealth or any political subdivision thereof,

5

funded in whole or in part out of the public funds of the

6

Commonwealth or any political subdivision, shall have attached

7

to it an actuarial note. Except for the provisions pertaining to

8

the content of fiscal notes as set forth in paragraphs (a)

9

through (i) of subsection (3), all the provisions pertaining to

10

and procedures required of bills containing fiscal notes, shall,

11

where applicable, also be required for bills containing

12

actuarial note. The actuarial note shall contain a brief

13

explanatory statement or note which shall include a reliable

14

estimate of the financial and actuarial effect of the proposed

15

change in any such retirement system.

16

RULE 19 (b)

17

General Appropriation Bill and Non-Preferred Bills

18

This rule shall apply to all amendments offered to the

19

General Appropriation Bill for each proposed fiscal year

20

including any amendments offered to or for supplemental

21

appropriations to prior fiscal years contained within the

22

General Appropriation Bill, and shall also apply to all

23

amendments offered to any non-preferred appropriation bill for

24

the same fiscal year.

25

Any amendment offered on the floor of the House to the

26

General Appropriation Bill that proposes to increase spending of

27

State dollars for the Commonwealth's proposed fiscal year or

28

prior fiscal years above the levels contained in the General

29

Appropriation Bill as reported from the Appropriations Committee

30

plus any aggregate if certified each year by the Appropriations

- 112 -

 


1

Committee shall not be in order and may not be considered unless

2

the same amendment contains sufficient reductions in line items

3

of that General Appropriation Bill so that the amendment offered

4

does not result in a net increase in the total proposed spending

5

contained within the General Appropriation Bill plus any

6

aggregate if certified by the Appropriations Committee.

7

Any amendment offered on the floor of the House to any non-

8

preferred appropriation bill that proposes to increase spending

9

of State dollars for the current fiscal year above the levels

10

contained in that non-preferred appropriation bill as reported

11

from the Appropriations Committee shall not be in order and may

12

not be considered unless the same amendment contains sufficient

13

reductions in that non-preferred appropriation bill so that the

14

amendment offered does not result in a net increase in the total

15

proposed spending contained within that non-preferred

16

appropriation bill.

17

In order to be considered, amendments to the General

18

Appropriation Bill must be submitted to the Office of the Chief

19

Clerk by 2:00 P.M. of the Monday of the week prior to the

20

scheduled vote of the General Appropriation Bill. The

21

Appropriations Committee for special and proper reason and by

22

majority vote, may waive this deadline. Members shall be

23

notified of the scheduled vote on the General Appropriation Bill

24

no later than 4:30 P.M. of the Wednesday preceding the above

25

noted Monday on which the amendments must be filed to the Bill.

26

Rule 21 of the Rules of the House, insofar as it applies to the

27

filing deadline for amendments and notice requirements for the

28

voting schedule for the General Appropriation Bill, shall not

29

apply to this rule. Rule 21 shall, however, apply to the non-

30

preferred appropriation bills.

- 113 -

 


1

If the amendment cannot be submitted in accordance with the

2

provision of the previous paragraph because it is still being

3

prepared by the Legislative Reference Bureau, the member must,

4

by 2:00 P.M. on the Monday of the week prior to the scheduled

5

vote, provide the Office of the Chief Clerk with a statement,

6

prepared by the member containing the factual content and exact

7

amounts of increases and decreases in line items which would be

8

proposed in the amendment, along with certification from the

9

Legislative Reference Bureau that the amendment was submitted to

10

the Legislative Reference Bureau prior to 2:00 P.M. on the

11

aforementioned Monday. This filing deadline does not apply to

12

amendments to any non-preferred appropriation bill.

13

Debate on any debatable question related to the General

14

Appropriation Bill or a nonpreferred appropriation bill shall be

15

limited to five minutes each time a member is recognized. On the

16

bill a sponsor of an amendment shall be entitled to be

17

recognized twice, a maker of a debatable motion shall be

18

entitled to be recognized twice, any other members shall be

19

entitled to be recognized once.

20

[This rule may be temporarily suspended only by two-thirds

21

vote of the members elected to the House by a roll call vote.]

22

RULE 20

23

Bills Confined to One Subject

24

No bill shall be passed containing more than one subject,

25

which shall be clearly expressed in its title, except a general

26

appropriation bill or a bill codifying or compiling the law or a

27

part thereof. (Constitution, Article III, Section 3).

28

RULE 21

29

Consideration of Bills

30

(a)  Every bill and every joint resolution shall be

- 114 -

 


1

considered on three different days. All amendments made thereto

2

shall be printed for the use of the members before the final

3

vote is taken thereon, and before the final vote is taken, upon

4

written request addressed to the presiding officer by at least

5

25% of the members elected to the House, any bill shall be read

6

at length. No bill shall become law and no joint resolution

7

adopted unless, on its final passage, the vote is taken by yeas

8

and nays, the names of the persons voting for and against it are

9

entered on the Journal, and a majority of the members elected to

10

the House is recorded thereon as voting in its favor.

11

(Constitution, Article III, Section 4).

12

(b)  Members shall be notified of bills and resolutions

13

scheduled to be voted no later than prior to the close of

14

business at 4:30 P.M. of the second legislative day prior to the

15

date of second consideration [and prior to the date of third

16

consideration] for legislation that has no legal deadline. (The

17

General Appropriation Act and non-preferred bills are included

18

within the definition of legislation that has no legal

19

deadline.) Except as provided in subsection (d), all amendments

20

shall be submitted to the Office of the Chief Clerk by 2:00 P.M.

21

of the last legislative day preceding the scheduled date of

22

second consideration. Members shall be notified of bills

23

scheduled to be voted on third consideration. A change in the

24

printer's number as a result of third consideration shall not

25

require an additional notice of final passage. No vote on final

26

passage can occur before the date of the scheduled vote.

27

(c)  If the amendment cannot be submitted in accordance with

28

the above paragraph because it is still being prepared by the

29

Legislative Reference Bureau, the member must provide the Office

30

of the Chief Clerk with a statement, by the above-noted 2:00

- 115 -

 


1

P.M. deadline, prepared by the member containing the factual

2

content of said amendment along with certification from the

3

Legislative Reference Bureau that the amendment was submitted to

4

the Legislative Reference Bureau for drafting prior to the

5

above-noted 2:00 P.M. deadline.

6

(d)  In cases where an amendment alters a bill so as to

7

effectively rule out of order an amendment which was timely

8

filed pursuant to the provisions of this rule, a replacement

9

amendment may be submitted to the Office of the Chief Clerk

10

provided that the subject matter of the replacement amendment is

11

not substantially different from the intent of the original

12

amendment. The replacement amendment shall be deemed to have met

13

the timely filed conditions provided for in this rule. The

14

member shall notify the Speaker of the member's intent to file a

15

replacement amendment and shall file a certificate with the

16

Office of the Chief Clerk. The bill in question may continue to

17

receive consideration but shall not be moved to third

18

consideration until the replacement amendment is available for a

19

vote. If consideration of the bill is delayed to a new

20

legislative day due solely to delay in receipt of replacement

21

amendments, then only amendments timely filed for the date of

22

the originally scheduled vote and replacement amendments shall

23

be considered. This limitation on amendments shall not apply to

24

the bill in question if consideration of the bill is rescheduled

25

beyond the new legislative day.

26

(e)  [Members shall be notified no later than 24 hours prior

27

to the consideration of all bills on concurrence.] A bill may

28

not receive action on concurrence until at least 24 hours have

29

elapsed from the time the bill and its amendatory language was

30

available to the public, unless the amendment was a technical

- 116 -

 


1

amendment as described under the first paragraph of Rule 24 or

2

an affirmative vote of 2/3 of the members elected to the House

3

indicates they have had sufficient time to review the language

4

and thereby approve proceeding with the bill.

5

A brief description of every bill on concurrence shall be

6

given prior to a vote. Additionally, members shall be notified

7

and conference committee reports shall be available to members

8

at least 24 hours prior to the adoption of all conference

9

committee reports. When these reports are considered on the

10

first legislative day of the week, said notice shall be provided

11

no later than the close of business on the last business day

12

preceding the vote. Notwithstanding notice provided, members

13

may, by an affirmative vote of 2/3 of the members elected to the

14

House, indicate that they have had sufficient time to review a

15

conference committee report and that they approve proceeding

16

with a 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] Except as otherwise

25

provided, the Rules Committee shall not in any instance have the

26

power to amend a bill which has been reported by another

27

committee.

28

After the first Monday in September, any bill which was

29

automatically recommitted to the Committee on Rules pursuant to

30

this rule shall automatically be re-reported to the floor of the

- 117 -

 


1

House and laid on the table.

2

Any bill which was automatically laid on the table pursuant

3

to this rule and has remained on the table for 15 legislative

4

days shall automatically be removed from the table and returned

5

to the calendar for second consideration the next legislative

6

day.

7

Any bill which was automatically laid on the table pursuant

8

to this rule may be removed from the table by motion of the

9

Majority Leader, or a designee, acting on a report of the

10

Committee on Rules. Such report shall be in writing and a copy

11

thereof distributed to each member. Any bill so removed from the

12

table shall be placed on the second consideration calendar on

13

the legislative day following such removal. Nothing herein shall

14

affect the right of any member to make a motion to remove a bill

15

from the table.

16

Amendments shall not be proposed, nor is any other motion in

17

order on first consideration.

18

Bills shall not be considered beyond first consideration

19

until the latest print thereof is on the desks of the members.

20

Any noncontroversial bill, which is defined as any bill,

21

other than an appropriations bill, approved by a committee with

22

no negative votes or abstentions, and with the approval of the

23

Majority Leader and the Minority Leader, shall be placed on an

24

uncontested calendar. Bills on the uncontested calendar shall be

25

voted upon by a single roll-call vote. Each bill listed on the

26

uncontested calendar will be printed separately in the journal

27

with the vote recorded on the approval of the uncontested

28

calendar as the vote on final passage of each bill contained

29

therein.

30

If any member should object to the placement of a bill on the

- 118 -

 


1

uncontested calendar, the bill shall be automatically removed

2

from the uncontested calendar and placed on the regular calendar

3

the next legislative day.

4

RULE 23

5

Second Consideration Bills

6

Bills on second consideration shall be considered in their

7

calendar order and shall be subject to amendment.

8

No House bill on second consideration shall be considered

9

until called up by a member.

10

RULE 24

11

Third Consideration and Final Passage Bills

12

Bills on third consideration shall be considered in their

13

calendar order and shall be subject to amendment only when an

14

amendment is necessary to make the document internally

15

consistent, to clear up an ambiguity, to correct grammar or to

16

correct a drafting error or is necessary for purposes of

17

statutory construction. An amendment under this paragraph shall

18

not be subject to the filing deadlines under Rule 21. A bill

19

having received consideration by the House on three different

20

days and having been agreed to may be called by the Speaker to

21

receive action on final passage; however, a bill may not receive

22

action on final passage until at least 24 hours have elapsed

23

from the time the bill [was amended] and its amendatory language

24

was available to the public, unless the amendment was a

25

technical amendment permitted under the first paragraph of this

26

rule or an affirmative vote of 2/3 of the members elected to the

27

House indicates that they have had sufficient time to review the

28

language of the bill and thereby approve proceeding with the

29

bill. Upon being called to receive action on final passage, the

30

title and a brief description of a bill shall be read. A bill on

- 119 -

 


1

final passage shall not be subject to amendment, but shall be

2

subject to debate. At the conclusion of debate, the Speaker

3

shall then state the question as follows:

4

"This bill has been considered on three different days and

5

agreed to and is now on final passage. The question is, shall

6

the bill pass finally? Agreeable to the provision of the

7

Constitution, the yeas and nays will now be taken." When more

8

than one bill shall be called for action on final passage at the

9

same time, prior to voting, the title or a brief analysis of

10

each bill shall be read.

11

The Speaker shall then state the question as follows:

12

"These bills have been considered on three different days and

13

agreed to and are now on final passage. The question is, shall

14

the bills on the uncontested calendar pass finally? Agreeable to

15

the provision of the Constitution, the yeas and nays will now be

16

taken."

17

RULE 25

18

Defeated Bills

19

When a bill or resolution has been defeated by the House, it

20

shall not be reintroduced, or, except as provided in Rule 26, be

21

reconsidered, nor shall it be in order to consider a similar

22

one, or to act on a Senate bill or resolution of like import,

23

during the same session.

24

RULE 26

25

Reconsideration

26

A motion to reconsider the vote by which a bill, resolution

27

or other matter was passed or defeated shall be made in writing

28

and filed by two members. The motion shall be in order only

29

under the order of business in which the vote proposed to be

30

reconsidered occurred and shall be decided on a roll-call vote

- 120 -

 


1

by a majority vote. No motion to reconsider shall be in order

2

when the bill, resolution or other matter is no longer in the

3

possession of or is not properly before the House.

4

A motion to reconsider any such vote must be [made] filed on

5

the same day on which the initial vote was taken or within the

6

succeeding five days in which the House is in session, provided

7

such bill, resolution or other matter is still in the possession

8

of or is properly before the House.

9

When a motion to reconsider any such vote is [made] filed 

10

within the aforesaid time limits, put before the House by the

11

Speaker and [is] decided by the affirmative vote prescribed

12

herein, the question [immediately] recurs on the bill,

13

resolution or other matter reconsidered.

14

Where a bill, resolution or other matter has been initially

15

defeated and a motion to reconsider is not timely made, then

16

such bill, resolution or other matter shall carry the status of

17

"defeated finally" and not properly before the House. Therefore,

18

it shall not be in order to entertain a motion to reconsider any

19

such vote.

20

Where a timely made motion to reconsider is lost, it shall

21

not be in order to again entertain a motion to reconsider any

22

such vote, even though such second motion to reconsider is

23

timely made.

24

Where a bill, resolution, or other matter has been initially

25

defeated, and a timely made motion to reconsider the vote is

26

lost, or if no motion to reconsider the vote was timely made,

27

then it shall not be in order for the House thereafter to

28

receive or consider a new bill, resolution or other matter

29

embracing therein a subject or purpose basically identical to or

30

of similar import to the subject matter or purpose of the bill,

- 121 -

 


1

resolution or matter initially defeated.

2

The vote on a bill or resolution recalled from the Governor

3

may be reconsidered at any time after the bill or resolution has

4

been returned to the House.

5

No bill, resolution or other matter may be reconsidered more

6

than twice on the same legislative day.

7

RULE 27

8

Amendments

9

No bill shall be amended so as to change its original

10

purpose. (Constitution, Article III, Section 1).

11

No motion or proposition on a subject different from that

12

under consideration shall be admitted under color of amendment.

13

Any member may move to amend a bill or resolution, provided

14

the proposed amendment is germane to the subject. Questions

15

involving whether an amendment is germane to the subject shall

16

be decided by the House.

17

No amendment to an amendment shall be admitted nor

18

considered.

19

The sponsor of an amendment shall explain the amendment prior

20

to consideration by the House.

21

Before consideration, nine typewritten copies of a proposed

22

amendment signed by its sponsor shall be presented to the

23

Speaker, one copy of which shall be delivered to the news media

24

and a printed copy in typewritten form prepared by the

25

Legislative Reference Bureau shall be placed on the desk of each

26

member if the amendment is not available on the Legislative Data

27

Processing floor system.

28

Amendments adopted or defeated may not be considered again

29

without first reconsidering the vote.

30

RULE 28

- 122 -

 


1

Bills Amending Existing Law

2

Bills amending existing law shall indicate present language

3

to be omitted by placing it within brackets and new language to

4

be inserted by underscoring. (Constitution, Article III, Section

5

6).

6

RULE 29

7

Form for Printing Amendments

8

In printing amendments to bills and resolutions, all new

9

matter added shall be in CAPITAL LETTERS, and matter to be

10

eliminated shall be indicated by strike-out type.

11

In reprinting House bills previously amended by the House and

12

in reprinting Senate bills previously amended by the Senate, but

13

not in Senate bills previously amended by the House, all matters

14

appearing in strike-out type shall be dropped from the new print

15

and all matter appearing in CAPITAL LETTERS shall be reset in

16

lower case Roman type.

17

RULE 30

18

Bills Amended by the Senate

19

When a bill or joint resolution has been amended by the

20

Senate and returned to the House for concurrence, it shall be

21

referred automatically to the Committee on Rules immediately

22

upon the reading of the message from the Senate by the Clerk.

23

[The Committee on Rules shall not have the power to amend any

24

bill or joint resolution containing Senate amendments, except

25

that the Committee on Rules, by a majority vote of the members

26

appointed to the committee, may revert to the printer's number

27

of the bill or joint resolution which last passed the House.]

28

The consideration of any bill or joint resolution containing

29

Senate amendments may include the amendment of Senate amendments

30

by the Committee on Rules. The vote on concurring in amendments

- 123 -

 


1

by the House to bills or joint resolutions amended by the Senate

2

shall not be taken until said bills or joint resolutions have

3

been favorably reported, as committed or as amended, by the

4

Committee on Rules.

5

When said bill or joint resolution has been favorably

6

reported by the Committee on Rules, either as committed or as

7

[last passed the House] amended, said bill or joint resolution

8

shall be placed on the calendar. When acting on bills or joint

9

resolutions amended by the Senate, the bill and the amendments[,

10

if any] shall be read and the question put on the concurrence in

11

[the] all amendments to the bill since it was last considered by

12

the House.

13

Any two members may object to the report of any bill or joint

14

resolution [included in a report of] containing Senate

15

amendments amended by the Committee on Rules [on the basis that

16

the adoption of an amendment to the bill or joint resolution

17

exceeded the limitation upon the power of the Committee on Rules

18

to amend bills and joint resolutions amended by the Senate]. The

19

objection must be raised prior to the bill or joint resolution

20

being put to a roll call vote. The question shall be decided by

21

a majority vote of the members elected to the House. If the

22

House rejects the report of any such bill or joint resolution,

23

the bill or joint resolution shall be [deemed reported from the

24

Committee on Rules as committed and shall be placed on the

25

calendar.] automatically returned to the Committee on Rules as

26

last passed by the Senate.

27

The House shall not consider any proposed amendment to any

28

amendment made by the Senate to a bill or joint resolution, nor

29

consider any amendment to any amendment made by the Committee on

30

Rules.

- 124 -

 


1

A majority vote of the members elected to the House taken by

2

yeas and nays shall be required to concur in amendments made by

3

the Senate, except for appropriations to charitable and

4

educational institutions not under the absolute control of the

5

Commonwealth, where a vote of two-thirds of all the members

6

elected to the House shall be required to concur. (Constitution,

7

Article III, Sections 5 and 30).

8

Unless the Majority Leader and the Minority Leader shall

9

agree otherwise, the offering of an amendment to Senate

10

amendments in the Committee on Rules shall not be in order until

11

at least one hour after the filing of a copy of the amendment as

12

prepared by the Legislative Reference Bureau with the office of

13

the Chief Clerk. Upon the filing of such an amendment, the Chief

14

Clerk shall immediately time stamp the amendment and forthwith

15

forward a time-stamped copy of the amendment to the offices of

16

the Majority Leader and the Minority Leader. Except as provided

17

under this subsection, it shall not be in order to suspend or

18

otherwise waive the requirements of this subsection.

19

RULE 31

20

Bills Vetoed by the Governor

21

When the Governor has returned a bill to the House with

22

objections, the veto message shall be read and the House shall

23

proceed to reconsider it. (Constitution, Article IV, Section

24

15).

25

RULE 32

26

Hospital and Home Appropriations or

27

Acquiring Lands of the Commonwealth

28

No bills appropriating moneys to State-aided hospitals or

29

State-aided homes shall be introduced in the House, except such

30

as appropriate in single bills the total sum to be appropriated

- 125 -

 


1

to all of the institutions within the same class or group.

2

Requests for appropriations for particular State-aided hospitals

3

or State-aided homes shall be filed with the Chair of the

4

Committee on Appropriations on forms to be furnished by the said

5

Committee on Appropriations, and shall be signed by the member

6

requesting the appropriation.

7

No bill granting or conveying Commonwealth lands or taking

8

title thereto shall be reported by any committee to the House

9

unless there has been filed with the Chief Clerk and the chair

10

of the reporting committee a memorandum from the Department of

11

General Services indicating the use to which the property is

12

presently employed, the full consideration for the transfer, if

13

any, a departmental appraisal of the property, including its

14

valuation and a list of recorded liens and encumbrances, if any,

15

the use to which the property will be employed upon its

16

transfer, the date by which the land is needed for its new use,

17

and the legislative district or districts in which the land is

18

located. The memorandum shall contain a statement by a

19

responsible person in the Department of General Services

20

indicating whether or not the administration favors the transfer

21

which is the subject of the bill under consideration.

22

RULE 33

23

Special Legislation

24

No local or special bill shall be passed by the House unless

25

notice of the intention to apply therefor has been published in

26

the locality where the matter or the thing to be affected may be

27

situated, which notice shall be at least 30 days prior to the

28

introduction into the General Assembly of such bill and in the

29

manner provided by law; the evidence of such notice having been

30

published shall be exhibited in the General Assembly before the

- 126 -

 


1

act shall be passed. (Constitution, Article III, Section 7).

2

No local or special bill shall be considered in violation of

3

Article III, Section 32, of the Constitution.

4

RULE 34

5

Nonpreferred Appropriations

6

No bill shall be passed appropriating money to any charitable

7

or educational institution not under absolute control of the

8

Commonwealth, except by a vote of two-thirds of all members

9

elected. (Constitution, Article III, Section 17).

10

RULE 35

11

House and Concurrent Resolutions

12

Members introducing resolutions other than concurrent

13

resolutions shall file five copies thereof; seven copies of

14

concurrent resolutions shall be filed. All resolutions shall be

15

signed by their sponsors, dated and filed with the Chief Clerk.

16

After being numbered, one copy of all resolutions shall be given

17

to the news media and all other copies delivered to the Speaker.

18

A sponsor may not be added or withdrawn after a resolution has

19

been printed. Resolutions may not be withdrawn after reference

20

to a committee.

21

Unless privileged under Rule 36 for immediate consideration

22

or deemed noncontroversial by the Speaker in consultation with

23

the Majority Leader and the Minority Leader, the Speaker shall

24

refer House resolutions (except discharge resolutions) and

25

Senate resolutions presented to the House for concurrence to

26

appropriate committees.

27

House resolutions deemed noncontroversial by the Speaker,

28

including, but not limited to, condolence and congratulatory

29

resolutions, shall be considered under the proper order of

30

business on the same day as introduced or within two legislative

- 127 -

 


1

days thereafter without being referred to committee.

2

The Speaker shall report to the House the committees to which

3

resolutions have been referred, either on the day introduced or

4

received or the next two legislative days the House is in

5

session.

6

A resolution introduced in the House and referred to

7

committee shall be printed and placed in the House files.

8

When a resolution (House or Senate) is reported from

9

committee, it shall be placed on the calendar and may be called

10

up by a member for consideration by the House under the order of

11

business of resolutions. A House resolution other than a

12

concurrent or joint resolution shall be adopted by a majority of

13

the members voting.

14

RULE 36

15

Privileged Resolutions

16

Resolutions privileged for the immediate consideration of the

17

House are those:

18

(1)  Recalling from or returning bills to the Governor.

19

(2)  Recalling from or returning bills to the Senate.

20

(3)  Originated by the Committee on Rules.

21

(4)  Providing for a Joint Session of the Senate and House

22

and its procedure.

23

(5)  Placing bills negatived by committees on the calendar.

24

(6)  Adjournment or recess.

25

RULE 37

26

Legislative Citation

27

A member making a request that a Legislative Citation be

28

issued to a particular person or on a specified occasion shall

29

provide the Legislative Reference Bureau with the facts

30

necessary for the preparation of the citation on a suitable

- 128 -

 


1

form.

2

The citation request shall be filed with the Chief Clerk and

3

automatically referred to the Speaker who may approve and sign

4

such citation on behalf of the House of Representatives.

5

One original citation shall be issued by the Chief Clerk.

6

RULE 38

7

Sine Die and Final Introduction of Bills

8

Resolutions fixing the time for adjournment of the General

9

Assembly sine die and the last day for introduction of bills in

10

the House shall be referred to the Committee on Rules before

11

consideration by the House.

12

During the period of time between a general election and the

13

adjournment of the House of Representatives sine die, Rule 77

14

may not be invoked to suspend Rule 21 or any part of this rule.

15

RULE 39

16

Petitions, Remonstrances and Memorials

17

Petitions, remonstrances, memorials and other papers

18

presented by a member shall be signed, dated and filed with the

19

Chief Clerk to be handed to the Speaker for reference to

20

appropriate committees.

21

The Speaker shall report to the House the committees to which

22

petitions, remonstrances, memorials and other papers have been

23

referred, not later than the next day the House is in session

24

following the day of filing.

25

RULE 40

26

Messages

27

Messages from the Senate and communications from the Governor

28

shall be received and read in the House within one legislative

29

day thereafter.

30

All House and Senate bills shall be delivered to the Senate

- 129 -

 


1

with appropriate messages no later than the close of the next

2

legislative day of the Senate which follows the fifth

3

legislative day after which the House acted on such bill.

4

All House bills returned by the Senate after final passage

5

therein without amendment, and all conference committee reports

6

on House bills received from the Senate and adopted by the

7

House, shall be signed by the Speaker within one legislative day

8

after receipt or adoption, respectively, and shall be delivered

9

to the Senate before the close of the next legislative day of

10

the Senate.

11

All House bills and all conference committee reports on House

12

bills signed by the Speaker shall be delivered to the Governor

13

within 24 hours after return from the Senate with the signature

14

of the appropriate Senate officer.

15

RULE 41

16

Kind and Rank of Committee

17

The Committees of the House shall be of four kinds and rank

18

in the order named:

19

(1)  Committee of the Whole House.

20

(2)  Standing Committees.

21

(3)  Select Committees.

22

(4)  Conference Committees.

23

RULE 42

24

Committee of the Whole

25

The House may resolve itself into a Committee of the Whole at

26

any time on the motion of a member adopted by a majority vote of

27

the House.

28

In forming the Committee of the Whole, the Speaker shall

29

leave the chair, after appointing a Chair to preside.

30

The rules of the House shall be observed in the Committee of

- 130 -

 


1

the Whole as far as applicable, except that a member may speak

2

more than once on the same question.

3

A motion to adjourn, to lay on the table, or for the previous

4

question cannot be put in the Committee of the Whole; but a

5

motion to limit or close debate is permissible.

6

A motion that the Committee of the Whole "do now rise and

7

report back to the House," shall always be in order, and shall

8

be decided without debate.

9

Amendments made in the Committee of the Whole shall not be

10

read when the Speaker resumes the Chair, unless so ordered by

11

the House.

12

RULE 43

13

Standing Committees and Subcommittees

14

The Committee on Committees shall consist of the Speaker and

15

15 members of the House, ten of whom shall be members of the

16

majority party and five of whom shall be members of the minority

17

party, whose duty shall be to recommend to the House the names

18

of members who are to serve on the standing committees of the

19

House. Except for the Speaker, the Majority and Minority

20

Leaders, Whips, Caucus Chairs, Caucus Secretaries, Caucus

21

Administrators, Policy Chairs and the chairs and minority chairs

22

of standing committees, each member shall be entitled to serve

23

on not less than two standing committees.

24

The Speaker shall appoint the chair and vice-chair of each

25

standing committee when such standing committee has no standing

26

subcommittees as prescribed herein, except the Committee on

27

Appropriations which shall also have a vice-chair appointed by

28

the Speaker; when the standing committee has standing

29

subcommittees, the Speaker shall appoint a subcommittee chair

30

for each standing subcommittee. The Speaker shall appoint a

- 131 -

 


1

secretary for each standing committee. The Minority Leader shall

2

appoint the minority chair, minority vice-chair and minority

3

secretary of each standing committee and the minority

4

subcommittee chair for each standing subcommittee.

5

Except for members who decline chair status or minority chair

6

status in writing or who are barred from serving as a chair or

7

minority chair under this rule, the chair and minority chair of

8

each standing committee except the Appropriations Committee

9

shall be limited only to the members of the applicable caucus

10

with the most seniority as members of their respective caucus.

11

Whenever there are more caucus members with equal seniority than

12

available chairs or minority chairs for that caucus, the

13

selection of a chair or minority chair from among such caucus

14

members shall be in the discretion of the appointing authority.

15

The appointing authority may designate the standing committee to

16

which the appointing authority shall appoint a member as chair

17

or minority chair without regard to seniority. The Speaker and

18

the Floor Leader, Whip, Caucus Chair, Caucus Secretary, Caucus

19

Administrator and Policy Chair of the majority party and

20

minority party shall not be eligible to serve as chair or

21

minority chair of any standing committee and no member may serve

22

as chair or minority chair of more than one standing committee.

23

Any chair or minority chair held by a member who fails to

24

meet the requirements of this rule shall become vacant by

25

automatic operation of this rule. If the appointing authority

26

fails to make an appointment of a chair or minority chair prior

27

to the organizational meeting of a standing committee or fails

28

to fill a vacancy within seven calendar days after it occurs,

29

such position shall be deemed to remain vacant in violation of

30

this rule. Whenever a chair or minority chair becomes vacant or

- 132 -

 


1

remains vacant in violation of this rule, the member of the

2

applicable caucus who meets the requirements of this rule shall

3

automatically fill the vacancy and, if there are two or more

4

such eligible caucus members for any such vacancy or vacancies,

5

they shall be filled from among such eligible members through a

6

lottery to be conducted under the supervision of the Chief Clerk

7

after giving notice of the time and place thereof to all

8

eligible members, to the Speaker, to the Majority Leader and to

9

the Minority Leader.

10

Nothing in this rule shall prohibit the appointing authority

11

from transferring a member from the chair or minority chair of a

12

standing committee to the chair or minority chair of another

13

standing committee.

14

Whenever the appointment of a chair or minority chair will

15

cause the applicable caucus to exceed its permissible allocation

16

of members on a standing committee, the appointing authority

17

shall make a temporary transfer of an eligible committee member

18

to the standing committee vacated by the member appointed as

19

chair or minority chair until a regular committee appointment

20

can be made in accordance with the rules of the House. If the

21

Speaker or Minority Leader fails to make a temporary transfer

22

within seven calendar days after such appointment, the committee

23

member with the least seniority, who is eligible for transfer,

24

shall be automatically transferred to the committee vacated by

25

the newly appointed chair or minority chair and, if more than

26

one committee member is eligible for such transfer, the transfer

27

shall be implemented through a lottery conducted under the

28

supervision of the Chief Clerk.

29

The Speaker of the House, Floor Leader of the majority party

30

and the Floor Leader of the minority party shall be ex-officio

- 133 -

 


1

members of all standing committees, without the right to vote

2

and they shall be excluded from any limitation as to the number

3

of members on the committees or in counting a quorum.

4

Twenty-four standing committees of the House, each to consist

5

of [24]26 members except the Committee on Appropriations, which

6

shall consist of 35 members, are hereby created. In addition,

7

there are hereby created [43]46 standing subcommittees.

8

All standing committees shall consist of [14]15 members of

9

the majority party and [ten]11 members of the minority party,

10

except the Committee on Appropriations which shall consist of 21

11

members of the majority party and 14 members of the minority

12

party. The quorum for each of the standing committees and

13

subcommittees shall be no less than the majority of said

14

committees. The following are the standing committees and

15

subcommittees thereof:

16

(1)  Aging and Older Adult Services

17

(a)  Subcommittee on Care and Services

18

(b)  Subcommittee on Programs and Benefits

19

(2)  Agriculture and Rural Affairs

20

(3)  Appropriations

21

(a)  Subcommittee on Health and Welfare

22

(b)  Subcommittee on Education

23

(c)  Subcommittee on Economic Impact and Infrastructure

24

(d)  Subcommittee on Fiscal Policy

25

(e)  Subcommittee on Criminal Justice

26

(4)  Children and Youth

27

(5)  Commerce

28

(a)  Subcommittee on Financial Services and Banking

29

(b)  Subcommittee on Housing

30

(c)  Subcommittee on Economic Development

- 134 -

 


1

(d)  Subcommittee on Small Business

2

(6)  Consumer Affairs

3

(a)  Subcommittee on Public Utilities

4

(b)  Subcommittee on Telecommunications

5

(7)  Education

6

(a)  Subcommittee on Basic Education

7

(b)  Subcommittee on Higher Education

8

(c)  Subcommittee on Special Education

9

(8)  Environmental Resources and Energy

10

(a)  Subcommittee on Energy

11

(b)  Subcommittee on Mining

12

(c)  Subcommittee on Parks and Forests

13

(9)  Finance

14

(10)  Game and Fisheries

15

(11)  Gaming Oversight

16

(12)  Health and Human Services

17

(a)  Subcommittee on Health

18

(b)  Subcommittee on Human Services

19

(c)  Subcommittee on Drugs and Alcohol

20

(d)  Subcommittee on Mental Health

21

(13)  Insurance

22

(14)  Judiciary

23

(a)  Subcommittee on Crime and Corrections

24

(b)  Subcommittee on Courts

25

(c)  Subcommittee on Family Law

26

(15)  Intergovernmental Affairs

27

(a)  Subcommittee on Information Technology

28

(b)  Subcommittee on Federal-State Relations

29

(16)  Labor Relations

30

(17)  Liquor Control

- 135 -

 


1

(a)  Subcommittee on Licensing

2

(b)  Subcommittee on Marketing

3

(18)  Local Government

4

(a)  Subcommittee on Boroughs

5

(b)  Subcommittee on Counties

6

(c)  Subcommittee on Townships

7

(19)  Professional Licensure

8

(20)  State Government

9

(21)  Tourism and Recreational Development

10

(a)  Subcommittee on Arts and Entertainment

11

(b)  Subcommittee on Recreation

12

(c)  Subcommittee on Travel Promotion

13

(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

(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

(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

- 136 -

 


1

upon the call of its chair and perfect its organization. A

2

majority of the members to which each standing committee is

3

entitled shall constitute a quorum for it to proceed to

4

business. Each standing committee shall have the power to

5

promulgate rules not inconsistent with these rules which may be

6

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 chair of a standing committee of

11

which the standing subcommittee is a part. Each standing

12

subcommittee shall consist of the chair of its parent standing

13

committee, as an ex-officio member, the chair of the standing

14

subcommittee, and five other members from the parent standing

15

committee to be appointed by the Committee on Committees, three

16

from among the majority party after consultation with the

17

Majority Leader and two from among the minority party after

18

consultation with the Minority Leader. Where it is deemed

19

advisable that the membership of any standing subcommittee be of

20

greater number than that prescribed herein, the Committee on

21

Committees may appoint additional members of the standing

22

committee from the majority or minority party to serve on such

23

standing subcommittee. The number of additional members selected

24

should be such as to maintain, as far as is practicable, a ratio

25

in majority and minority party membership which affords a fair

26

and reasonable representation to the minority party on the

27

standing subcommittee.

28

The chair and the minority chair of each standing committee

29

shall be ex-officio members of each standing subcommittee which

30

is part of the parent standing committee, with the right to

- 137 -

 


1

attend standing subcommittee meetings and vote on any matter

2

before such standing subcommittee.

3

A majority of the members of each standing subcommittee shall

4

constitute a quorum for the proper conduct of its business. Each

5

standing subcommittee may promulgate such rules necessary for

6

the conduct of its business which are not inconsistent with the

7

rules of its parent standing committee or the Rules of the

8

House.

9

When the chair of a standing committee has referred a bill,

10

resolution or other matter to a standing subcommittee, the power

11

and control over such bill, resolution or other matter shall

12

then reside in such subcommittee for a reasonable period of time

13

thereafter in order that such subcommittee may consider the

14

bill, resolution or other matter and return the same to its

15

standing committee with its recommendations as to the action

16

which ought to be taken on such bill, resolution or other

17

matter.

18

Each standing subcommittee, within a reasonable time after it

19

has received a bill, resolution or other matter, shall meet as a

20

committee for the purpose of considering the same and returning

21

the bill, resolution or other matter back to its parent standing

22

committee with a subcommittee report as to what action it

23

recommends. The report of the subcommittee on a bill, resolution

24

or other matter being returned to the standing committee shall

25

contain one of the following recommendations:

26

(1)  that the bill, resolution or other matter in its present

27

form be reported to the House,

28

(2)  that the bill, resolution, or other matter not be

29

reported to the House,

30

(3)  that the bill, resolution or other matter be reported to

- 138 -

 


1

the House, with recommendations for amendments,

2

(4)  that the bill, resolution or other matter is returned

3

without recommendations.

4

When a standing committee receives reports from its

5

subcommittees, it shall consider the same and by majority vote

6

of the members of the standing committee either approve or

7

disapprove such report. If disapproved, the standing committee

8

may then determine by a majority vote of its members what

9

further action, if any, should be taken on such bill, resolution

10

or other matter.

11

Where no action has been taken by a standing subcommittee on

12

a bill, resolution or other matter referred to it, and the chair

13

of the standing committee considers that such subcommittee has

14

had reasonable time to consider the bill, resolution or other

15

matter and return the same to its parent standing committee, the

16

subcommittee chair shall then forthwith surrender and forward

17

the same, together with all documents or papers pertaining

18

thereto, to the standing committee.

19

In the event that a chair of a standing committee is absent,

20

the following rules shall apply:

21

(1)  If such standing committee has no subcommittee

22

prescribed by this rule, the vice-chair of the standing

23

committee shall act as chair of the committee meetings.

24

(2)  If such standing committee has only one subcommittee,

25

the subcommittee chair shall act as chair of the standing

26

committee.

27

(3)  If the standing committee has more than one

28

subcommittee, the subcommittee chair with the longest

29

consecutive legislative service shall act as chair of the

30

standing committee, except where the subcommittee chairs have

- 139 -

 


1

equal legislative service, in which case the Speaker of the

2

House shall designate one of the subcommittee chairs to act as

3

chair of the standing committee.

4

In case of absence of a subcommittee chair, the chair of the

5

appropriate standing committee shall designate one member from

6

either the standing committee or subcommittee to act as chair of

7

the subcommittee.

8

RULE 45

9

Powers and Duties of Standing Committees

10

and Subcommittees

11

The chair of each standing committee and subcommittee shall

12

fix regular weekly, biweekly or monthly meeting days for the

13

transaction of business before the committee or subcommittee.

14

The chair of the committee or subcommittee shall notify all

15

members, at least 24 hours in advance of the date, time and

16

place of regular meetings, and, insofar as possible, the

17

subjects on the agenda. In addition to regular meetings, special

18

meetings may be called from time to time by the chair of the

19

committee or subcommittee as they deem necessary. No recess or

20

combination of recesses shall exceed 48 hours for any committee

21

meeting or subcommittee meeting. No committee shall meet during

22

any session of the House without first obtaining permission of

23

the Speaker. During any such meeting, no vote shall be taken on

24

the Floor of the House on any amendment, recommittal motion,

25

final passage of any bill, or any other matter requiring a roll

26

call vote. Any committee meeting called off the Floor of the

27

House shall meet in a committee room. In addition to the

28

specific provisions of this rule, all provisions of 65 Pa.C.S.

29

Ch. 7 (relating to open meetings) relative to notice of meetings

30

shall be complied with.

- 140 -

 


1

At regularly scheduled meetings, or upon the call of the

2

chair, or subcommittee chair, for special meetings, the

3

membership of such committees shall meet to consider any bill,

4

resolution, or other matter on the agenda. The secretary of each

5

standing committee, or in case of subcommittees a secretary

6

designated by the subcommittee chair, shall record:

7

(1)  the minutes of the meeting,

8

(2)  all votes taken,

9

(3)  a roll or attendance of members at standing committee or

10

subcommittee meetings showing the names of those present, absent

11

or excused from attendance, and the majority and minority chairs

12

or their designees shall verify by their signatures all votes

13

taken and the roll or attendance of those members present,

14

absent or excused before said records are submitted to the Chief

15

Clerk, and

16

(4)  dispatch of bills and resolutions before the committee.

17

Such records shall be open to public inspection. On the first

18

legislative day of each week the House is in session, the chair

19

of each standing committee shall submit to the Chief Clerk for

20

inclusion in the House Journal only, the roll or record of

21

attendance of members at standing committee or subcommittee

22

meetings held prior thereto and not yet reported, along with the

23

record of all votes taken at such meetings. All reports from

24

standing committees shall be prepared in writing by the

25

secretary of the committee. Members of a standing committee may

26

prepare in writing and file a minority report, setting forth the

27

reasons for their dissent. Such committee reports shall be filed

28

with the Chief Clerk within five days of the meeting. All

29

meetings at which formal action is taken by a standing committee

30

or subcommittee shall be open to the public, making such reports

- 141 -

 


1

as are required under Rule 44. When any member, except for an

2

excused absence, fails to attend five consecutive regular

3

meetings of his or her committee, the chair of that committee or

4

subcommittee shall notify the member of that fact and, if the

5

member in question fails to reasonably justify absences to the

6

satisfaction of a majority of the membership of the standing

7

committee of which he or she is a member, membership on the

8

committee or subcommittee shall be deemed vacant and the chair

9

of the standing committee shall notify the Speaker of the House

10

to that effect. Such vacancy shall then be filled in the manner

11

prescribed by these rules.

12

Whenever the chair of any standing committee shall refuse to

13

call a regular meeting, then a majority of the members of the

14

standing committee may vote to call a meeting by giving two days

15

written notice to the Speaker of the House, setting the time and

16

place for such meeting. Such notice shall be read in the House

17

and the same posted by the Chief Clerk in the House Chamber.

18

Thereafter, the meeting shall be held at the time and place

19

specified in the notice. In addition, all provisions of 65

20

Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of

21

meetings shall be complied with.

22

Records, bills and other papers in the possession of

23

committees and subcommittees, upon final adjournment of the

24

House shall be filed with the Chief Clerk.

25

No committee report, except a report of the Appropriations

26

Committee, shall be recognized by the House, unless the same has

27

been acted upon by a majority vote of the members of a standing

28

committee present at a committee session actually assembled and

29

meeting as a committee, provided such majority vote numbers at

30

least [11]12 members, and provided further a quorum is present.

- 142 -

 


1

No committee report of the Appropriations Committee shall be

2

recognized by the House, unless the same has been acted upon by

3

a majority vote of the members of such committee present at a

4

committee session actually assembled and meeting as a committee,

5

provided such majority vote numbers at least 16 members, and

6

provided further a quorum is present.

7

No proxy voting shall be permitted in committee, except as

8

provided for herein. If a member reports to a scheduled

9

committee meeting and advises the chair and other members of a

10

conflicting committee meeting or other legislative meeting which

11

he or she must attend on the same day, the member is authorized

12

to give the chair or minority chair his or her proxy in writing

13

which shall be valid only for that day and which shall include

14

written instructions for the exercise of such proxy by the chair

15

or minority chair during the meeting. The member should also

16

advise the chair where he or she can be reached. In the event

17

the conflicting committee meeting or other legislative meeting

18

is scheduled to convene at the same time or prior to the meeting

19

at which a member desires to vote by proxy, such proxy shall be

20

delivered by the member in person to the offices of both the

21

chair and minority chair prior to, but on the same day as, the

22

conflicting meetings.

23

When the majority of the members of a standing committee

24

believe that a certain bill or resolution in the possession of

25

the standing committee should be considered and acted upon by

26

such committee, they may request the chair to include the same

27

as part of the business of a committee meeting. Upon failure of

28

the chair to comply with such request, the membership may

29

require that such bill be considered by written motion made and

30

approved by a majority vote of the entire membership to which

- 143 -

 


1

such committee is entitled.

2

Whenever the phrase "majority of members of a standing

3

committee or subcommittee" is used in these rules, it shall mean

4

majority of the entire membership to which a standing committee

5

or subcommittee is entitled, unless the context thereof

6

indicates a different intent.

7

To assist the House in appraising the administration of the

8

laws and in developing such amendments or related legislation as

9

it may deem necessary, each standing committee or subcommittee

10

of the House shall exercise continuous watchfulness of the

11

execution by the administrative agencies concerned of any laws,

12

the subject matter of which is within the jurisdiction of such

13

committee or subcommittee; and, for that purpose, shall study

14

all pertinent reports and data submitted to the House by the

15

agencies in the executive branch of the Government.

16

The Committee on Appropriations shall have the power to issue

17

subpoenas under the hand and seal of its chair commanding any

18

person to appear before it and answer questions touching matters

19

properly being inquired into by the committee, which matters

20

shall include data from any fund administered by the

21

Commonwealth, and to produce such books, papers, records,

22

documents and data and information produced and stored by any

23

electronic data processing system as the committee deems

24

necessary. Such subpoenas may be served upon any person and

25

shall have the force and effect of subpoenas issued out of the

26

courts of this Commonwealth. Any person who willfully neglects

27

or refuses to testify before the committee or to produce any

28

books, papers, records, documents or data and information

29

produced and stored by any electronic data processing system

30

shall be subject to the penalties provided by the laws of the

- 144 -

 


1

Commonwealth in such case. Each member of the committee shall

2

have power to administer oaths and affirmations to witnesses

3

appearing before the committee. The committee may also cause the

4

deposition of witnesses either residing within or without the

5

State to be taken in the manner prescribed by law for taking

6

depositions in civil actions.

7

RULE 46

8

Committee on Rules

9

The Committee on Rules shall consist of the Speaker, the

10

Majority Leader, the Majority Whip, the Minority Leader, the

11

Minority Whip, the Majority Appropriations Chair, the Minority

12

Appropriations Chair, 12 members of the majority party appointed

13

by the Speaker, and ten members of the minority party appointed

14

by the Minority Leader. The Majority Leader shall be chair.

15

The committee shall make recommendations designed to improve

16

and expedite the business and procedure of the House and its

17

committees, and to propose to the House any amendments to the

18

Rules deemed necessary. The committee shall also do all things

19

necessary to fulfill any assignment or duty given to the

20

committee by any resolution, or other rule of the House of

21

Representatives.

22

The committee shall be privileged to report at any time.

23

The committee shall, until or unless superseded by law, adopt

24

guidelines for the expenditure of all funds appropriated to the

25

House or to any member or nonmember officer by any appropriation

26

act.

27

Such guidelines shall include a detailed statement of the

28

general and specific purposes for which the funds from that

29

appropriation account may be used, as well as uniform standards

30

of required documentation, accounting systems and record keeping

- 145 -

 


1

procedures.

2

Except as expressly provided in Rule 30 or this rule, the

3

committee shall not have the power to amend any bill or joint

4

resolution.

5

RULE 47

6

Ethics Committee

7

As used in the context of this rule, the word "committee"

8

shall mean the Committee on Ethics of the House of

9

Representatives, and the phrase "majority of the committee"

10

shall mean a majority of the members to which the committee is

11

entitled.

12

The committee shall consist of eight members: four of whom

13

shall be members of the majority party appointed by the Speaker,

14

and four of whom shall be members of the minority party

15

appointed by the Minority Leader. The Speaker shall appoint from

16

the members a chair, vice chair and secretary for the committee.

17

The chair shall be a member of the majority party and the vice

18

chair shall be a member of the minority party.

19

[The Speaker shall fix a voting session day for the Chief

20

Clerk to randomly select committee members from the lists

21

provided by each caucus. The Chief Clerk shall give at least

22

seven days' notice by mail of the date to all members. The Chief

23

Clerk shall conduct the random selection of committee members on

24

the floor of the House during session. Immediately following the

25

random selection, the Speaker shall read the names of the

26

committee members upon the record.]

27

The chair shall notify all members of the committee at least

28

24 hours in advance of the date, time and place of a regular

29

meeting. Whenever the chair shall refuse to call a regular

30

meeting, a majority of the committee may vote to call a meeting

- 146 -

 


1

by giving two days' written notice to the Speaker of the House

2

setting forth the time and place for such meeting. Such notice

3

shall be read in the House and posted in the House Chamber by

4

the Chief Clerk, or a designee. Thereafter, the meeting shall be

5

held at the time and place specified in such notice.

6

The committee shall compile and distribute a Members'

7

Handbook on Ethics to advise members, officers and employees of

8

the House on matters regarding conflicts of interest, and

9

nonfeasance, malfeasance and misfeasance in legislative duties.

10

Each member shall be required to complete two hours of ethics

11

education and training each legislative term. The committee

12

shall be responsible for planning and offering ethics education

13

programs.

14

The committee shall conduct its investigations, hearings and

15

meetings relating to a specific investigation or a specific

16

member, officer or employee of the House in closed session and

17

the fact that such investigation is being conducted or to be

18

conducted or that hearings or such meetings are being held or

19

are to be held shall be confidential information unless the

20

person subject to investigation advises the committee in writing

21

that he or she elects that such hearings shall be held publicly.

22

In the event of such an election, the committee shall furnish

23

such person a public hearing. All other meetings of the

24

committee shall be open to the public.

25

The committee shall receive complaints against members,

26

officers and employees of the House, and persons registered or

27

carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating

28

to lobbying disclosure), alleging illegal or unethical conduct.

29

Any such complaint must be in writing [verified] sworn or

30

affirmed to by the person filing the complaint under penalty of

- 147 -

 


1

law under 18 Pa.C.S. § 4904 (relating to unsworn falsification

2

to authorities) and must set forth in detail the conduct in

3

question and the section of the "Legislative Code of Ethics,"

4

the provision of 65 Pa.C.S. Ch. 13A or the House rule violated.

5

As a general rule, no person shall disclose or acknowledge to

6

any other person any information relating to the filing of a

7

complaint, except as otherwise authorized under this rule or to

8

carry out a function of the committee. The committee shall make

9

a preliminary investigation of the complaint, and if it is

10

determined by a majority of the committee that a violation of

11

the rule or law may have occurred, the person against whom the

12

complaint has been brought shall be notified in writing and

13

given a copy of the complaint. If at any time a majority of the

14

committee determines that the complaint was a "frivolous

15

complaint" as defined under 65 Pa.C.S. § 1102 (relating to

16

definitions), or made without probable cause and primarily for a

17

purpose other than that of reporting illegal or unethical

18

conduct, then the committee shall notify the complainant and the

19

person against whom the complaint has been brought of such

20

determination. Within 15 days after receipt of the complaint,

21

such person may file a written answer thereto with the

22

committee. Upon receipt of the answer, by vote of a majority of

23

the committee, the committee shall either dismiss the complaint

24

within ten days or proceed with a formal investigation, to

25

include hearings, not less than ten days nor more than 30 days

26

after notice in writing to the persons so charged. Failure of

27

the person charged to file an answer shall not be deemed to be

28

an admission or create an inference or presumption that the

29

complaint is true, and such failure to file an answer shall not

30

prohibit a majority of the committee from either proceeding with

- 148 -

 


1

a formal investigation or dismissing the complaint.

2

A majority of the committee may initiate a preliminary

3

investigation of the suspected violation of a Legislative Code

4

of Ethics or House rule by a member, officer or employee of the

5

House or lobbyist. If it is determined by a majority of the

6

committee that a violation of a rule or law may have occurred,

7

the person in question shall be notified in writing of the

8

conduct in question and the section of the "Legislative Code of

9

Ethics," the provision of 65 Pa.C.S. Ch. 13A or the House rule

10

violated. Within 15 days, such person may file a written answer

11

thereto. Upon receipt of the answer, by vote of a majority of

12

the committee, the committee shall either dismiss the charges

13

within ten days or proceed with a formal investigation, to

14

include hearings, not less than ten days nor more than 30 days

15

after notice in writing to the person so charged. Failure of the

16

person charged to file an answer shall not be deemed to be an

17

admission or create an inference or presumption that the charge

18

is true, and such failure to file an answer shall not prohibit a

19

majority of the committee from either proceeding with a formal

20

investigation or dismissing the charge.

21

In the event that the committee shall elect to proceed with a

22

formal investigation of the conduct of any member, officer or

23

employee of the House, the committee shall employ independent

24

counsel who shall not be employed by the House for any other

25

purpose or in any other capacity during such investigation.

26

All constitutional rights of any person under investigation

27

shall be preserved, and such person shall be entitled to present

28

evidence, cross-examine witnesses, face his or her accuser, and

29

be represented by counsel.

30

The chair may continue any hearing for reasonable cause, and

- 149 -

 


1

upon the vote of a majority of the committee or upon the request

2

of the person subject to investigation, the chair shall issue

3

subpoenas for the attendance and testimony of witnesses and the

4

production of documentary evidence relating to any matter under

5

formal investigation by the committee. The committee may

6

administer oaths or affirmations and examine and receive

7

evidence.

8

All testimony, documents, records, data, statements or

9

information received by the committee in the course of any

10

investigation shall be private and confidential except in the

11

case of public hearings or in a report to the House. No report

12

shall be made to the House unless a majority of the committee

13

has made a finding of unethical or illegal conduct on the part

14

of the person under investigation. No finding of unethical or

15

illegal conduct shall be valid unless signed by at least a

16

majority of the committee. Any such report may include a

17

minority report. The committee shall have the authority to

18

recommend to the House action as appropriate. No action shall be

19

taken by the House on any finding of illegal or unethical

20

conduct nor shall such finding or report containing such finding

21

be made public sooner than seven days after a copy of the

22

finding is sent by certified mail to the member, officer or

23

employee under investigation.

24

The committee may meet with a committee of the Senate to hold

25

investigations or hearings involving employees of the two houses

26

jointly or officers or employees of the Legislative Reference

27

Bureau, the Joint State Government Commission, the Local

28

Government Commission, the Legislative Budget and Finance

29

Committee and the Legislative Data Processing Committee;

30

provided, however, that no action may be taken at a joint

- 150 -

 


1

meeting unless it is approved by a majority of the committee.

2

In the event that a member of the committee shall be under

3

investigation, such member shall be temporarily replaced on the

4

committee in a like manner as said member's original

5

appointment.

6

The committee, at the request of a member, officer or

7

employee concerned about an ethical problem relating to the

8

member, officer or employee alone or in conjunction with others,

9

may render advisory opinions with regard to questions pertaining

10

to legislative ethics or decorum. Such advisory opinions shall

11

be confidential and shall apply exclusively to the requestor. No

12

requestor who acts in good faith on an advisory opinion issued

13

to that requestor by the Ethics Committee shall be subject to

14

any sanctions for so acting if the material facts are as stated

15

in the advisory opinion request.

16

A member shall not create, maintain or cause to be created or

17

maintained a legislative nonprofit organization. A "legislative

18

nonprofit organization" means a nonprofit corporation or other

19

entity whose primary purpose is to receive funds under the

20

General Appropriations Act or another appropriations act at the

21

discretion or by reason of the influence of a member for the use

22

at the direction or discretion of the member. The Ethics

23

Committee shall issue to any member upon the member's request a

24

legislative nonprofit organization opinion with respect to the

25

member's duties under this rule. The Ethics Committee shall,

26

within 14 days, issue the legislative nonprofit organization

27

opinion. No member who acts in good faith on a legislative

28

nonprofit organization opinion issued to that member by the

29

Ethics Committee shall be subject to any sanctions for so acting

30

if the material facts are as stated in the legislative nonprofit

- 151 -

 


1

organization opinion request. The Ethics Committee's legislative

2

nonprofit organization opinions shall be public records and may

3

from time to time be published, except that the member

4

requesting the legislative nonprofit organization opinion may

5

require that the legislative nonprofit organization opinion

6

contain deletions and changes necessary to protect the identity

7

of the persons involved.

8

Any member of the committee breaching the confidentiality of

9

materials and events as set forth in this rule shall be removed

10

immediately from the committee and replaced by another member of

11

the House in a like manner as said member's original

12

appointment.

13

The committee may adopt rules of procedure for the orderly

14

conduct of its affairs, investigations, hearings and meetings,

15

which rules are not inconsistent with this rule.

16

The committee shall continue to exist and have authority and

17

power to function after the sine die adjournment of the General

18

Assembly and shall so continue until the expiration of the then

19

current term of office of the members of the committee.

20

RULE 47 (a)

21

Status of Members Indicted or Convicted of a Crime

22

When an indictment is returned or a charge is filed before a

23

court of record against a member of the House, and the gravamen

24

of the indictment or charge is directly related to the member's

25

conduct as a committee chair or ranking minority committee

26

member or in a position of leadership or is one which would

27

render the member ineligible to the General Assembly under

28

section 7 of Article II of the Constitution of Pennsylvania, the

29

member shall be relieved of committee chair status, ranking

30

minority committee member status or leadership position until

- 152 -

 


1

the indictment or charge is disposed of, but the member shall

2

otherwise continue to function as a Representative, including

3

voting, and shall continue to be paid.

4

If, during the same legislative session, the indictment or

5

charge is quashed, dismissed or withdrawn, or the court finds

6

that the member is not guilty of the offense alleged, the member

7

shall immediately be restored to committee chair status, ranking

8

minority committee member status or the leadership position

9

retroactively from which he or she was suspended.

10

Upon a finding or verdict of guilt by a judge or jury, plea

11

or admission of guilt or plea of nolo contendere of a member of

12

the House of a crime, the gravamen of which relates to the

13

member's conduct as a Representative or which would render the

14

member ineligible to the General Assembly under section 7 of

15

Article II of the Constitution of Pennsylvania, and upon

16

imposition of sentence, the Parliamentarian of the House shall

17

prepare a resolution of expulsion under the sponsorship of the

18

Chair and Vice-Chair of the House Ethics Committee. The

19

resolution shall be printed and placed on the calendar for the

20

next day of House session.

21

RULE 48

22

Conference Committee

23

All Committees of Conference shall be appointed by the

24

Speaker and shall be composed of three members, two of whom

25

shall be selected from the majority party and one from the

26

minority party.

27

The conferees shall confine themselves to the differences

28

which exist between the House and Senate.

29

The presentation of reports of Committees of Conference shall

30

be in order after having been signed by a majority of members of

- 153 -

 


1

the committee of each House.

2

Consideration of a report of a Committee of Conference by the

3

House shall be in order when it has been printed, placed on the

4

desks of the members and listed on the calendar.

5

RULE 49

6

Committee Action

7

Whenever a bill, resolution or other matter has been referred

8

by the Speaker of the House to a standing committee, and such

9

committee has one or more standing subcommittees, the chair of

10

the standing committee may either refer it to an appropriate

11

subcommittee or retain it for consideration by the entire

12

standing committee. If it is retained, such standing committee

13

shall have full power and control over such bill, resolution or

14

other matter, except that such committee shall not change the

15

subject nor any amendments adopted by the House. Where the chair

16

of the standing committee refers such bill, resolution, or

17

matter to a subcommittee, such subcommittee, except as

18

hereinafter provided, shall have full power over the same.

19

The recommendations by a committee that a bill or resolution

20

be reported negatively shall not affect its consideration by the

21

House. The words "negative recommendation" shall be printed

22

conspicuously on a line above the title of this bill.

23

All standing subcommittees shall be subject to the will of

24

the majority of their parent standing committee and shall not

25

promulgate any rules or take any action inconsistent with the

26

rules of their parent standing committee or the Rules of the

27

House.

28

After a bill is reported out of committee, all committee

29

votes taken with respect to the bill shall be posted on the

30

Internet as soon as practicable.

- 154 -

 


1

RULE 50

2

Public Hearings

3

Each standing committee, subcommittee or select committee to

4

which a proposed bill, resolution or any matter is referred

5

shall have full power and authority to study said bill,

6

resolution or other matter before it, as such committee, shall

7

determine is necessary to enable it to report properly to the

8

House thereon. To this end, a standing committee, subcommittee,

9

or select committee, may as hereinafter provided, conduct public

10

hearings. No standing committee, subcommittee or select

11

committee shall hold any public hearings without prior approval

12

by a majority vote of the members of the standing committee and

13

the Speaker or the Majority Leader of the House. The Speaker or

14

the Majority Leader of the House shall withhold approval of

15

public hearings based only on budgetary consideration.

16

When a public hearing has been authorized as aforesaid, the

17

chair of the standing committee, subcommittee chair, or select

18

committee chair as the case may be, shall instruct the Chief

19

Clerk to give written notice thereof to each House Member not

20

less than five calendar days before the proposed hearings and

21

post the same in or immediately adjacent to the House Chambers.

22

Such notice, which shall contain the day, hour and place of the

23

hearing and the number or numbers of bills or other subject

24

matter to be considered at such hearing, shall also be given the

25

supervisor of the news room, and to the news media. In addition,

26

all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings),

27

relative to notice of meetings shall be complied with.

28

Public hearings held by a standing committee shall be chaired

29

by the chair of such committee, unless absent, in which case an

30

acting chair shall be selected in the manner prescribed by these

- 155 -

 


1

rules to serve. Public hearings held by standing subcommittees

2

shall be chaired by the subcommittee chair thereof, but the

3

chair of the parent standing committee, as an ex-officio member

4

of the subcommittee, shall have the right to attend and

5

participate in the hearing proceedings. In the absence of the

6

subcommittee chair, an acting chair shall be appointed in the

7

manner prescribed by these rules.

8

All public hearings shall be open to the public and

9

reasonable opportunity to be heard shall be afforded to all

10

interested parties who have requested an appearance before the

11

committee. In addition, it shall be the responsibility of the

12

committee in conducting its hearing to request the presentation

13

of testimony by any person who, in the opinion of the committee,

14

is qualified to present pertinent and important testimony.

15

Such committee shall, so far as practicable, request all

16

witnesses appearing before it to file written statements of

17

their proposed testimony. The chair shall have the right to fix

18

the order of appearance and the time to be allotted to

19

witnesses. Witnesses may submit brief pertinent statements in

20

writing for inclusion in the record. The committee is the sole

21

judge of the pertinency of testimony and evidence adduced at its

22

hearings.

23

The chair, in presiding at such public hearings, shall

24

preserve order and decorum, in and adjacent to his committee

25

room while the hearing is being conducted and shall have the

26

authority to direct the removal from the committee room of any

27

person who fails to comply with order and decorum of the

28

committee.

29

Proceedings of all public hearings shall be either

30

stenographically or electronically recorded. The committee shall

- 156 -

 


1

determine which parts of such recorded proceedings, if any,

2

shall be transcribed and the distribution thereof. Except as

3

hereinafter provided, no more than four copies of any transcript

4

shall be made. Such stenographic or electronic records and at

5

least one copy of any transcription shall be preserved by the

6

Chief Clerk until authorized to dispose of same by an

7

affirmative vote of three-quarters of the entire membership of

8

the Rules Committee and shall be made available to any member

9

upon written request for the purpose of copying or transcription

10

at that member's expense. Any transcribed records and any

11

reports of the committee shall be filed with the Chief Clerk or

12

his designee and shall be made available to any person in

13

accordance with reasonable rules and regulations prescribed by

14

the Chief Clerk. Upon payment of a reasonable cost to be

15

determined by the Chief Clerk, a person may obtain a copy of

16

such transcribed records or reports.

17

All written testimony and all transcribed testimony at

18

committee hearings shall be posted on the Internet as soon

19

thereafter as practicable.

20

The Chief Clerk shall not make payment of any expenses

21

incurred as a result of a public hearing without the prior

22

written approval of the Speaker or the Majority Leader of the

23

House.

24

RULE 51

25

Investigations

26

Any standing committee, subcommittee or select committee,

27

upon resolution introduced and approved by majority vote of the

28

House, may be authorized and empowered to conduct hearings at

29

any place in the Commonwealth to investigate any matter provided

30

for in such resolution. When authorized by such a resolution,

- 157 -

 


1

such committee shall be empowered to issue subpoenas under the

2

hand and seal of the chair thereof commanding any person to

3

appear before it and answer questions touching matters properly

4

being inquired into by the committee and produce such books,

5

papers, records, accounts, reports, and documents as the

6

committee deems necessary. Such subpoenas may be served upon any

7

person and shall have the force and effect of subpoenas issued

8

out of the courts of this Commonwealth. Where any person

9

willfully neglects or refuses to comply with any subpoena issued

10

by the committee or refuses to testify before the committee on

11

any matter regarding which the person may be lawfully

12

interrogated, it shall be the duty of the committee to report

13

such disobedience or refusal to the House of Representatives,

14

and such person shall be subject to the penalties provided by

15

the laws of the Commonwealth in such cases. All such subpoenaed

16

books, papers, records, accounts, reports, and documents shall

17

be returned to the person from whom such material was subpoenaed

18

when the committee has completed its examination of such

19

material, but in no event later than the date on which the

20

committee completes its investigation. Such material, or any

21

information derived therefrom not a part of public sessions of

22

the committee, shall not be turned over to any person or

23

authority without the consent of the person from whom such

24

material was subpoenaed. Each member of the committee shall have

25

power to administer oaths and affirmations to witnesses

26

appearing before the committee. The Sergeant-at-Arms of the

27

Legislature or other person designated by the committee shall

28

serve any subpoenas issued by the committee, when directed to do

29

so by the committee. The subpoena shall be addressed to the

30

witness, state that such proceeding is before a committee of the

- 158 -

 


1

House at which the witness is required to attend and testify at

2

a time and place certain and be signed by the chair of the

3

committee commanding attendance of such witness. Mileage and

4

witness fees shall be paid to such witness in an amount

5

prescribed by law.

6

The chair of the investigative hearing shall call the

7

committee to order and announce in an opening statement the

8

subject or purposes of the investigation.

9

A copy of this rule shall be made available to the witnesses

10

at least three calendar days prior to his or her scheduled

11

testimony. Witnesses at investigative hearings, may be

12

accompanied by their own counsel for the purpose of advising

13

them concerning their constitutional rights. The chair, for

14

breaches of order or decorum or of professional ethics on the

15

part of counsel, may exclude counsel from the hearing. Counsel

16

may interpose legal objection to any and all questions which in

17

the opinion of counsel may violate the civil or constitutional

18

rights of his or her clients.

19

If the committee determines that evidence or testimony at an

20

investigative hearing may tend to defame, degrade or incriminate

21

any person, it shall:

22

(1)  receive such evidence or testimony in executive session;

23

(2)  afford such person an opportunity voluntarily to appear

24

as a witness; and

25

(3)  receive and dispose of requests from such person to

26

subpoena additional witnesses.

27

No evidence or testimony taken in executive session may be

28

released to any person or authority or used in public sessions

29

without the consent of the committee.

30

Proceedings of all public hearings shall be either

- 159 -

 


1

stenographically or electronically recorded. The committee shall

2

determine which parts of such recorded proceedings, if any,

3

shall be transcribed and four copies thereof shall be

4

distributed and additional copies made available as provided in

5

Rule 50. Such stenographic or electronic records shall be

6

preserved by the Chief Clerk until directed to dispose of same

7

by an affirmative vote of three-quarters of the entire

8

membership of the Rules Committee and shall be made available to

9

any member upon written request for the purpose of transcription

10

at that member's expense. Any transcribed records and any

11

reports of the committee shall be filed with the Chief Clerk or

12

a designee and shall be made available to any person in

13

accordance with reasonable rules and regulations prescribed by

14

the Chief Clerk.

15

Upon payment of a reasonable cost to be determined by the

16

Chief Clerk, a person may obtain a copy of the transcript of any

17

testimony given at a public session or, if given at an executive

18

session when authorized by the committee. All standing

19

committees, subcommittees, special committees or commissions

20

which are authorized to hold public hearings and investigations

21

shall file a final report before being discharged of delegated

22

responsibilities.

23

RULE 52

24

Possession of Bills by Committee

25

When a committee has ordered that a bill, resolution or other

26

matter be reported to the House, the member to whom it is

27

assigned shall make the report thereof to the House either on

28

the same day or at the next meeting of the House.

29

Failure of a member to comply with this rule shall be

30

reported to the House by the committee, provided the official

- 160 -

 


1

copy of the bill, resolution or other matter has not been

2

obtained. Upon a motion agreed to by the House, a duplicate

3

certified copy of a House bill, House resolution or other House

4

matter shall be furnished to the committee by the Chief Clerk.

5

A committee or subcommittee shall not consider a bill,

6

resolution or other matter which is not in its possession.

7

When a committee reports to the House that a House bill,

8

House resolution or other House matter referred to it is lost,

9

upon a motion agreed to by the House, a duplicate certified copy

10

thereof shall be furnished by the Chief Clerk.

11

If the Senate bill, Senate resolution or other Senate matter

12

received from the Senate is lost, upon a motion agreed to by the

13

House, a request shall be made to the Senate to furnish the

14

House with a duplicate certified copy thereof.

15

If a bill, resolution or other matter is lost before it has

16

been referred to a committee, the fact shall be reported to the

17

House and the procedure provided by this rule shall be followed.

18

RULE 53

19

Discharge of Committees

20

A member may present to the Chief Clerk a resolution in

21

writing to discharge a committee from the consideration of a

22

bill or resolution which has been referred to it 15 legislative

23

days prior thereto (but only one motion may be presented for

24

each bill or resolution). The discharge resolution shall be

25

placed in the custody of the Chief Clerk, who shall arrange some

26

convenient place for the signature of the members. A signature

27

may be withdrawn by a member in writing at any time before the

28

discharge resolution is entered in the Journal. When 25 members

29

of the House shall have signed the resolution, it shall be

30

entered in the Journal and the title of the bill or resolution

- 161 -

 


1

and the name of the committee to be discharged shall be printed

2

on the calendar.

3

Any member who has signed a discharge resolution which has

4

been on the calendar at least one legislative day prior thereto

5

and seeks recognition, shall be recognized for the purpose of

6

calling up the discharge resolution and the House shall proceed

7

to its consideration without intervening motion except one

8

motion to adjourn; however, no discharge resolution shall be

9

considered during the last six legislative days of any session

10

of the House. A majority vote of all the members elected to the

11

House shall be required to agree to a resolution to discharge a

12

committee. When any perfected discharge resolution has been

13

acted upon by the House and defeated it shall not be in order to

14

entertain during the same session of the House any other

15

discharge resolution from that committee of said measure, or

16

from any other committee of any other bill or resolution

17

substantially the same, relating in substance to or dealing with

18

the same subject matter.

19

RULE 54

20

Presentation and Withdrawal of Motions

21

When a motion which is in order has been made, the Speaker

22

shall state it or (if it is in writing) cause it to be read by

23

the Clerk. It shall then be in the possession of the House, but

24

it may be withdrawn by the maker at any time before decision or

25

amendment.

26

The Speaker shall put the question in the following form,

27

viz: "those in favor of the motion will say 'aye'." After the

28

affirmative is expressed, "those who are opposed will say 'no'."

29

All motions, except for the previous question and a motion

30

for reconsideration, may be made without a second.

- 162 -

 


1

No dilatory motion shall be entertained by the Speaker.

2

RULE 55

3

Privileged Motions

4

When a question is under debate or before the House, no

5

motion shall be received but the following, which shall take

6

precedence in the order named:

7

(1)  To adjourn, or recess.

8

(2)  To extend session.

9

[(2)] (3)  A call of the House.

10

[(3)] (4)  To lay on the table.

11

[(4)] (5)  For the previous question.

12

[(5)] (6)  To postpone.

13

[(6)] (7)  To commit or recommit.

14

[(7)] (8)  To amend.

15

Debate on the motion to postpone shall be confined to the

16

question of the postponement and shall not include discussion of

17

the main question.

18

The motion to commit or recommit is open to debate only as to

19

the reasons for or against reference to committee and shall not

20

include a discussion of the merits of the main question.

21

Debate on the motion to amend shall be limited to the

22

amendment and shall not include the general merits of the main

23

question.

24

RULE 56

25

Adjourn

26

A motion to adjourn or recess is debatable, cannot be amended

27

and is always in order, except:

28

(1)  when another member has the floor; or

29

(2)  when the House is voting.

30

RULE 57

- 163 -

 


1

Call of the House

2

If a question of the absence of a quorum is raised by a

3

member, the Speaker shall order the Sergeant-at-Arms to close

4

the doors of the House. No member shall be permitted to leave

5

the House, except by permission of the House. The names of the

6

members present shall be recorded and absentees noted. Those for

7

whom no leave of absence has been granted or no sufficient

8

excuse is made may, by order of a majority of the members

9

present, be sent for and taken into custody by the Sergeant-at-

10

Arms and assistants appointed for that purpose, and brought

11

before the bar of the House where, unless excused by a majority

12

of the members present, they shall be censured or punished for

13

neglect of duty as the House may direct.

14

Further proceedings under a call of the House may be

15

dispensed with at any time after the completion of the roll call

16

and the announcement of the result.

17

These proceedings shall be without debate, and no motion,

18

except to adjourn, shall be in order.

19

RULE 58

20

Persons Admitted Under a Call of the House

21

Members who voluntarily appear during a call of the House

22

shall be admitted to the House. Upon recognition by the Speaker

23

they shall announce their presence and their names shall be

24

recorded on the roll.

25

Officers of the House, accredited correspondents and

26

employees designated by the Chief Clerk shall be admitted to the

27

House during a call.

28

Visitors shall not be admitted to the House after the doors

29

are closed and until the proceedings under the call are

30

terminated, but they shall be permitted to leave.

- 164 -

 


1

RULE 59

2

Lay on the Table

3

A motion to lay on the table is debatable[,] by the Majority

4

Leader, the Minority Leader, the maker of the motion, the maker

5

of the amendment under consideration and the prime sponsor of

6

the bill under consideration. It is not subject to amendment and

7

carries with it the main question and all other pending

8

questions which adhere to it, except when an appeal is laid on

9

the table. The passage of a motion to lay an amendment on the

10

table shall cause the subject bill or resolution and all other

11

amendments to be laid on the table.

12

RULE 60

13

Motion to Take from the Table

14

A motion to take from the table a bill or other subject is in

15

order under the same order of business in which the matter was

16

laid on the table. It shall be decided without amendment and is

17

debatable by the Majority Leader, the Minority Leader, the maker

18

of the motion, the maker of the amendment under consideration

19

and the prime sponsor of the bill under consideration.

20

RULE 61

21

Previous Question

22

A motion for the previous question, seconded by 20 members

23

and sustained by a majority of the members present, shall put an

24

end to all debate and bring the House to an immediate vote on

25

the question then pending, or the questions on which it has been

26

ordered.

27

A motion for the previous question may be made to embrace any

28

or all pending amendments or motions and to include the passage

29

or rejection of a bill or resolution.

30

RULE 62

- 165 -

 


1

Call for Yeas and Nays─Reasons for Vote

2

The yeas and nays of the members on any question shall, at

3

the desire of any two of them, be entered on the Journal.

4

(Constitution, Article II, Section 12).

5

When the Speaker or any member is not satisfied with a voice

6

vote on a pending question, the Speaker may order a roll call

7

vote; or, upon request of two members, before the result of the

8

vote is announced, the Speaker shall order a roll call vote.

9

A member may submit a written explanation of his or her vote

10

immediately following the announcement of the result of the vote

11

and have it printed in the Journal.

12

RULE 63

13

Division of a Question

14

Any member may call for a division of a question by the

15

House, if it comprehends propositions so distinct and separate

16

that one being taken away, the other will stand as a complete

17

proposition for the decision of the House. Bills and resolutions

18

shall not be subject to division.

19

A motion to strike out and insert is indivisible, but a

20

motion to strike out being lost shall neither preclude amendment

21

nor a motion to strike out and insert.

22

RULE 64

23

Members Required to be Present and Vote

24

Every member shall be present within the Hall of the House

25

during its sittings, unless excused by the House or unavoidably

26

prevented, and shall vote for or against each question put,

27

unless he or she has a direct personal or pecuniary interest in

28

the determination of the question or unless excused.

29

No member shall be permitted to vote and have his or her vote

30

recorded on the roll unless present in the Hall of the House

- 166 -

 


1

during the roll call vote.

2

The Legislative Journal shall show the result of each roll

3

call by yeas and nays and those absent and those not voting.

4

RULE 64 (a)

5

Chronic Absenteeism

6

For purposes of this rule the term "chronic absenteeism"

7

shall mean the unexcused absence of a representative for a

8

period of five consecutive legislative days from official

9

sessions of the House of Representatives or the absence of a

10

committee member for a period of five consecutive days from an

11

assigned committee meeting which meeting qualifies as a regular

12

committee meeting under the rules of the House of

13

Representatives and the Sunshine Law of the Commonwealth.

14

Any representative who is absent without excuse from regular

15

House sessions for a period of five consecutive legislative days

16

or is absent for a period of five consecutive committee meetings

17

shall be deemed a chronic absentee and may, on a vote of the

18

full House, be held in contempt of this House upon motion of

19

five members of the House for chronic absence from regular House

20

sessions and by motion of three members of the standing

21

committee of the House to which such representative is assigned

22

for chronic absence from regularly scheduled committee meetings.

23

The term "chronic absenteeism" shall not include:

24

(1)  Absence due to the personal illness or bodily injury of

25

a representative.

26

(2)  Absence due to personal illness or bodily injury of a

27

member of the immediate family of the representative.

28

(3)  Death to a member of the immediate family of a

29

representative.

30

(4)  Any excused absence approved by the House pursuant to

- 167 -

 


1

its rules.

2

RULE 65

3

Member Having Private Interest

4

(1)  A member who has a personal or private interest in any

5

measure or bill proposed or pending before the House shall

6

disclose the fact to the House and shall not vote thereon.

7

(Constitution, Article III, Section 13).

8

(2)  A member who, for remuneration, represents any

9

organization required to register under 65 Pa.C.S. Ch. 13A

10

(relating to lobbying disclosure) shall file a statement of that

11

fact with the Chief Clerk.

12

RULE 65 (a)

13

Professionals-Legislators

14

(1)  Except as hereinafter provided, any member or employee

15

of the House or its agencies shall not be retained for

16

compensation to appear in his or her professional capacity to

17

represent the interest of any client in any proceeding before

18

any Commonwealth department, board, agency, bureau or

19

commission, except that such member or employee is authorized to

20

represent the interest of a client at any stage of a proceeding

21

before the Commonwealth or its agencies where such proceeding

22

was initially taken or brought as a ministerial action, as

23

defined by this rule, and as originally taken was not initially

24

adverse in nature to the interest of the Commonwealth or its

25

agencies.

26

(2)  The provisions of this rule shall not be applicable to

27

professionals-legislators:

28

(a)  Representing clients on criminal matters before the

29

courts of the Commonwealth.

30

(b)  Representing clients on civil matters before the

- 168 -

 


1

courts of the Commonwealth.

2

(c)  Representing clients in all stages of a proceeding

3

before the Commonwealth or its agencies which was initially

4

commenced as a ministerial action. The term "ministerial

5

action" means and includes any proceeding or action before

6

the Commonwealth or its agencies where the proceeding, as

7

initially commenced involved solely:

8

(i)  The uncontested or routine action by the

9

Commonwealth's administrative officers or employees in

10

issuing or renewing licenses, charters, certificates or

11

any other documents of a similar nature; or

12

(ii)  The preparation, filing and review of tax

13

returns and supporting documents required by law; or

14

(iii)  The preparation, filing and review of

15

engineering and architectural plans, drawings,

16

specifications and reports; or

17

(iv)  Any other initially routine or uncontested

18

preparation, filing, review or other action not

19

enumerated above and considered and normally handled by

20

the Commonwealth or its agencies as a ministerial action.

21

(d)  Representing clients in workmen's compensation

22

proceedings before the bureau, its referees or the Workmen's

23

Compensation Appeals Board.

24

(3)  This rule shall not apply to the other members of the

25

firm of such member and/or employee.

26

RULE 65 (b)

27

Financial Interests in Gaming Entities

28

Annually, on or before April 30, every member shall file an

29

affidavit with the Chief Clerk, on a form provided by the Chief

30

Clerk, affirming that neither the member nor an immediate family

- 169 -

 


1

member of the member holds a financial interest in violation of

2

4 Pa.C.S. § 1512 (relating to financial and employment

3

interests).

4

For purposes of this rule, "immediate family member" shall

5

mean a spouse, minor child or unemancipated child.

6

RULE 66

7

Electric Roll Call

8

The names of the members shall be listed on the electric roll

9

call boards by party affiliation in alphabetical order, except

10

the name of the Speaker shall be last.

11

On any question requiring the "yeas" and "nays", the electric

12

roll call system shall be used. On all other questions to be

13

voted upon, the Speaker may order the yeas and nays taken by the

14

electric roll call system or voice vote or, upon demand of two

15

members before the result of a vote has been declared, the yeas

16

and nays shall be taken by the electric roll call system.

17

In the event the electric roll call system is not in

18

operating order, the Speaker shall order all yea and nay votes

19

be taken by calling the roll, as provided in the Rules of the

20

House.

21

The vote of any member which has not been recorded because of

22

mechanical malfunction of the electric roll call system shall be

23

entered on the Journal, if said member was in the Hall of the

24

House at the time of the vote and did cast his or her vote at

25

the appropriate time, and the fact of such malfunction is

26

reported to the Speaker of the House prior to the announcement

27

of the result of the vote.

28

When the House is ready to vote upon any question requiring

29

the yeas and nays and the vote is to be taken by the electric

30

roll call system, the Speaker shall state: "The

- 170 -

 


1

question .............. (Designating the matter to be voted

2

upon.)" The Speaker shall then unlock the voting machine and

3

announce, "The members shall now proceed to vote." Once the

4

voting has begun, it shall not be interrupted, except for the

5

purpose of questioning the validity of a member's vote or, if

6

the voting switch of a member present in the Hall of the House

7

is locked or otherwise inoperative, a request that such switch

8

be rendered operative or such members vote be officially

9

recorded, before the result is announced.

10

When, in the judgment of the Speaker, reasonable time has

11

been allowed all members present in the House to vote (in no

12

event shall such time exceed ten minutes) the Speaker shall ask

13

the question: "Have all members present voted?" After a pause,

14

the Speaker shall lock the machine and instruct the Clerk to

15

record the vote, and the Speaker shall announce the result of

16

the vote.

17

No member or other person shall be allowed at the Clerk's

18

desk while the yeas and nays are being recorded, or the vote

19

counted.

20

After the voting machine is locked, no member may change a

21

vote and the votes of tardy members will not be recorded.

22

The vote as electrically recorded on the roll of members

23

shall not in any manner be altered or changed by any person.

24

Except as provided in this rule, no member shall vote for

25

another member, nor shall any person not a member vote for a

26

member.

27

Any member or other person who willfully tampers with or

28

attempts to disarrange, deface, impair or destroy in any manner

29

whatsoever the electrical voting equipment used by the House, or

30

who instigates, aids or abets with the intent to destroy or

- 171 -

 


1

change the record of votes thereon shall be punished in such

2

manner as the House determines.

3

A member who has been appointed by the Speaker to preside as

4

Speaker pro tempore may designate either the Majority or

5

Minority Whip to cast his or her vote on any question while

6

presiding in accordance with instructions from the Chair.

7

The Chief Clerk shall post all votes by the electric roll

8

call system on the Internet no later than the close of business

9

on the day they are made.

10

A prime sponsor of a bill, the Minority Leader or Majority

11

Leader or a member designated to act on their behalf may request

12

that the roll call remain open for the maximum time allowed in

13

accordance with this rule. During such roll call, no vote shall

14

be recorded unless the member is at his or her regularly

15

assigned seat.

16

RULE 67

17

Verification and Challenge

18

Upon completion of a roll call and before the result is

19

announced, if there appears to be need for verification, the

20

Speaker may direct the Clerk to verify it, or three members may

21

demand a verification.

22

Any member may challenge in writing the yea or nay or

23

electrically recorded vote of other members. The allegations

24

made shall be investigated by a committee composed of the

25

Speaker, a majority member and a minority member appointed by

26

the Speaker, who shall submit a report to the House not later

27

than its next session. The House shall then decide whether the

28

challenged vote shall be recorded or not.

29

If the challenged vote would change the result, the

30

announcement of the vote shall be postponed until the House

- 172 -

 


1

decides the case.

2

RULE 68

3

Changing Vote

4

No member may change a vote, or have a vote recorded after

5

the result of a roll call vote has been announced, nor after an

6

affirmative or negative roll has been declared verified.

7

RULE 69

8

Journal

9

The Chief Clerk shall keep a Journal of the proceedings of

10

the House, which shall be printed and shall be made available to

11

the members.

12

The Journal of the proceedings of the last day's session

13

shall not be read unless so ordered by a majority vote of the

14

House.

15

RULE 70

16

History of House Bills

17

and House Resolutions

18

A weekly History, showing the title and action on House bills

19

and the text and action on non-privileged resolutions, shall be

20

compiled and indexed under the direction of the Chief Clerk and

21

shall be printed and placed on each member's desk.

22

The House History shall include a cumulative index of laws

23

enacted during the session and the text of vetoes by the

24

Governor.

25

RULE 71

26

House Calendar

27

Bills and non-privileged resolutions reported from committees

28

to the House with an affirmative recommendation shall be listed

29

on the calendar in such manner as prescribed by the Rules

30

Committee and any other rule of the House. House bills and House

- 173 -

 


1

resolutions shall precede Senate bills and Senate resolutions.

2

Bills and non-privileged resolutions shall be listed on the

3

House Calendar for no more than 15 consecutive legislative days.

4

At the end of the 15th consecutive legislative day the said bill

5

or non-privileged resolution shall be automatically recommitted

6

to the committee from which it was reported to the floor of the

7

House.

8

Any bill or non-privileged resolution on the calendar which

9

cannot, by its status, be recommitted shall be removed from the

10

calendar and laid on the table, unless the House shall otherwise

11

direct.

12

A marked calendar compiled by the Majority Leader shall be

13

provided to all members on each legislative day on which votes

14

are scheduled on the calendar.

15

RULE 72

16

Journal, Transcribing and

17

Documents Rooms

18

No person, except members and employees of the House having

19

official business, shall be permitted in the Transcribing, the

20

Legislative Journal, and the Bills and Documents Rooms of the

21

House without the consent of the Chief Clerk.

22

RULE 73

23

Correspondents

24

Admission to and administration of the Press Galleries of the

25

Senate and House of Representatives shall be vested in a

26

Committee on Correspondents consisting of the President pro

27

tempore of the Senate, or a designee; the Speaker of the House

28

of Representatives, or a designee; the Supervisor of the Capitol

29

Newsroom; the President of the Pennsylvania Legislative

30

Correspondents' Association, or a designee and the Executive

- 174 -

 


1

Director of the Pennsylvania Association of Broadcasters, or a

2

designee.

3

Persons desiring admission to the press sections of the

4

Senate and House of Representatives shall make application to

5

the Chair of the Committee on Correspondents. Such application

6

shall state the newspaper, press association or licensed radio

7

or television station, its location, times of publication or

8

hours of broadcasting, and be signed by the applicant.

9

The Committee on Correspondents shall verify the statements

10

made in such application, and, if the application is approved by

11

the committee, shall issue a correspondent's card signed by the

12

members of the committee.

13

The gallery assigned to newspaper correspondents or

14

recognized press association correspondents or representatives

15

of licensed radio and television stations, systems or

16

newsgathering agencies shall be for their exclusive use and

17

persons not holding correspondents cards shall not be entitled

18

to admission thereto. Employees of the General Assembly,

19

representatives and employees of state departments, boards,

20

commissions and agencies, visitors and members of the families

21

of correspondents entitled to admission to the press gallery

22

shall, at no time, be permitted to occupy the seats or be

23

entitled to the privileges of the press gallery.

24

Accredited representatives of newspapers, wire, newsreel

25

services and licensed radio or television stations, systems or

26

newsgathering agencies, may be authorized by the Speaker of the

27

House to take photographs, make audio or video recordings or

28

tapes, and to broadcast or televise in the House of

29

Representatives. Applications to take photographs, make audio or

30

video recordings or tapes, or to broadcast or televise at public

- 175 -

 


1

hearings of committees shall be approved by the committee chair

2

or co-chairs conducting such hearing. However, the committee

3

chair conducting the hearing may make such orders to such

4

representatives as may be necessary to preserve order and

5

decorum.

6

No photographs shall be taken nor any recordings or tapes

7

made, nor any broadcasting or televising done in the House of

8

Representatives during sessions, being at ease or recessed,

9

without prior notice to the Representatives. When possible, such

10

notice shall be given at the beginning of the session, at ease

11

or recess, during which the photographs, recordings or taping,

12

broadcasting or televising are scheduled to be taken or made.

13

No more than one representative of each newspaper, press

14

association or licensed radio or television station, system or

15

newsgathering agency shall be admitted to the press gallery at

16

one time. Members of the Pennsylvania Legislative

17

Correspondents' Association and representatives of licensed

18

radio and television stations, systems or newsgathering

19

agencies, assigned to the House of Representatives on a daily

20

basis shall have permanent assigned seating in the press gallery

21

with identification plates. Visiting representatives of daily

22

newspapers, press associations, Sunday newspapers as well as

23

radio and television stations, systems or newsgathering agencies

24

shall coordinate seating accommodations with the supervisor of

25

the Capitol Newsroom.

26

Persons assigned to the press gallery on a permanent or

27

temporary basis, shall at all times, refrain from loud talking

28

or causing any disturbance which tends to interrupt the

29

proceedings of the House of Representatives.

30

Persons assigned to the press gallery on a permanent or

- 176 -

 


1

temporary basis shall not walk onto the floor of the House of

2

Representatives nor approach the rostrum or the clerks' desks

3

during session or while being at ease.

4

Persons assigned to the press gallery on a permanent or

5

temporary basis wishing to confer with a Representative shall

6

disclose this fact by having a message delivered by a page to

7

the Representative. Such conversation shall be conducted off the

8

floor of the House of Representatives.

9

Representatives of the Pennsylvania Public Broadcasting

10

System may, subject to regulations of the Speaker, televise or

11

make video tapes of proceedings of sessions of the House of

12

Representatives and meetings of all committees of the House of

13

Representatives.

14

RULE 74

15

Visitors

16

Visitors shall be admitted to the Hall of the House only when

17

sponsored by a member. The Chief Clerk shall issue an

18

appropriate pass to any visitor so sponsored.

19

Persons admitted to the Hall of the House other than members

20

and attaches, shall not be permitted to stand while the House is

21

in session but shall be seated in chairs provided for them. At

22

no time shall visitors be permitted on the Floor of the House

23

while the House is in session unless so permitted by the

24

Speaker.

25

RULE 75

26

Lobbyists

27

No registered lobbyist shall be admitted to the Hall of the

28

House.

29

RULE 76

30

Soliciting Prohibited

- 177 -

 


1

No officer or employee of the House shall solicit any member,

2

other officer or employee of the House for any purpose.

3

RULE 77

4

Suspending and Changing Rules

5

Unless otherwise specified in another rule, any rule of the

6

House, which is not required by the Constitution, may be

7

temporarily suspended at any time for a specific purpose only by

8

a vote of two-thirds of the members elected to the House by a

9

roll call vote.

10

A motion to suspend the rules may not be laid on the table,

11

postponed, committed or amended and may be debated by the

12

majority leader, the minority leader, the maker of the motion,

13

the maker of the amendment under consideration and the prime

14

sponsor of the bill under consideration.

15

A brief description of the underlying bill or amendment shall

16

be given whenever a member moves to suspend the rules of the

17

House in order to consider such bill or amendment.

18

The existing rules of the House shall not be changed, added

19

to, modified or deleted except by written resolution and the

20

same approved by a majority vote of the members elected to the

21

House by a roll call vote.

22

Except where such resolution originates with the Committee on

23

Rules, no resolution proposing any change, addition,

24

modification or deletion to existing House rules shall be

25

considered until such resolution has been referred to the

26

Committee on Rules, reported therefrom, printed, filed on the

27

desk of each member and placed on the calendar.

28

Any proposed change, addition, modification or deletion

29

offered by a member on the floor of the House to such resolution

30

shall be considered, in effect, a change, addition, modification

- 178 -

 


1

or deletion to existing House rules and shall require for

2

approval a majority vote of the members by a roll call vote.

3

RULE 78

4

Parliamentary Authority

5

Mason's Manual supplemented by Jefferson's Manual of

6

Legislative Procedure shall be the parliamentary authority of

7

the House, if applicable and not inconsistent with the

8

Constitution of Pennsylvania, the laws of Pennsylvania

9

applicable to the General Assembly, the Rules of the House, the

10

established precedents of the House and the established customs

11

and usages of the House.

- 179 -