THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY EACHUS, FEBRUARY 2, 2009

REFERRED TO COMMITTEE ON RULES, FEBRUARY 2, 2009  

A RESOLUTION

Adopting permanent rules for the House of Representatives,

further providing for questions of order, for interruption of

a member who has the floor, for members' and employees'

expenses, for electronic availability of reports, for time of

meeting, for general appropriation bill and nonpreferred

bills, for consideration of bills, for first consideration

bills, for third consideration and final passage bills, for

reconsideration, for bills amended by the Senate, for

standing committees and subcommittees, for organization of

standing committees and subcommittees, for powers and duties

of standing committees and subcommittees, for ethics

committee, for privileged motions, for lay on table, for

motion to take from table and for division of a question.

RESOLVED, That the Temporary Rules of the House of

Representatives (2009-2010) be adopted as the Permanent Rules of

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

House of Representatives with the following amendments:

(2009-2010)

RULES OF THE HOUSE OF REPRESENTATIVES

Definitions:

"Day" shall mean any calendar day.

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

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

behind the Members' seats.

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

a standing committee, standing subcommittee, select committee or

rules committee of the House of Representatives to report or not

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

discussion and debate thereof.

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

walls and does not include the adjoining conference rooms, the

lobbies or the upper gallery of the House.

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

in session.

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

of the House as designated by the Speaker.

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

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

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

determined by the Speaker.

RULE 1

Speaker Presiding

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

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

not extend beyond an adjournment. The Speaker may appoint a

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

for a period not exceeding ten consecutive legislative days.

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

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

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

within ten days after the occurrence of a vacancy the Speaker

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

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

municipal or general election which occurs not less than 60 days

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

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

scheduled until after the general election.

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

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

Speaker.

The Speaker pro tempore shall perform all the duties of the

Chair during the absence of the Speaker.

RULE 1 (a)

Equal Opportunity Officer and Advisory Committee

The Speaker shall designate an Equal Opportunity Officer who

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

Advisory Committee, appointed by the Speaker in consultation

with the Majority Leader and Minority Leader, to assist the

Equal Opportunity Officer in developing, recommending and

implementing equal opportunity employment and procurement

policies in the House of Representatives.

RULE 2

Taking the Chair

The Speaker shall take the Chair and call the members to

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

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

the Speaker shall proceed to the regular order of business as

prescribed by the rules of the House.

RULE 3

Order and Decorum

The Speaker or Presiding Officer shall preserve order and

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

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

the same to be cleared.

The Speaker or Presiding Officer shall have the right to

summon Legislative Security Officers to enforce in the

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

State Police to assist.

The Sergeant-at-Arms and Legislative Security Officers under

the direction of the Speaker or the Presiding Officer shall,

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

its adjoining rooms and shall enforce the rule with respect to

the conduct of members, staff and visitors.

RULE 4

Questions of Order

The Speaker shall decide all questions of order subject to an

appeal by two members. The decision of the Speaker shall stand

as the decision of the House unless so appealed and overturned

by a majority of the members elected to the House. The Speaker

may, in the first instance, submit the question to the House.

Questions involving the constitutionality of any matters shall

be decided by the House. On questions of order there shall be no

debate except on an appeal from the decision of the Speaker or

on reference of a question to the House. In either case, no

member shall speak more than once except by leave of the House.

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

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

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

to appeal.

RULE 5

Conference and Select Committee Appointments

All Committees of Conference shall be appointed by the

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

shall be selected from the majority party and one from the

minority party.

The Speaker shall appoint the members of select committees,

unless otherwise ordered by the House.

RULE 6

Signature of the Speaker

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

bills and joint resolutions passed by the General Assembly after

their titles have been publicly read immediately before signing,

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

Resolutions, addresses, orders, writs, warrants and subpoenas

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

attested by the Chief Clerk.

RULE 7

Oath to Employees

The Chief Clerk shall administer an oath or affirmation to

the employees of the House that they will severally support,

obey and defend the Constitution of the United States and the

Constitution of Pennsylvania, and that they will discharge the

duties of their offices with fidelity.

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

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

RULE 8

Supervision of Hall of the House

and Committee Rooms

Subject to the direction of the Speaker, the Chief Clerk

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

the caucus and committee rooms and all other rooms assigned to

the House.

During the sessions of the Legislature the Hall of the House

shall not be used for public or private business other than

legislative matters except by consent of the House. During

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

Speaker without the consent of the House.

RULE 9

Decorum

While the Speaker is putting a question or addressing the

House and during debate or voting, no member shall disturb

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

of the House.

RULE 9 (a)

Smoking

No smoking of cigarettes, cigars, pipes and other tobacco

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

interior area of the Capitol Complex under the control of the

House of Representatives.

RULE 10

Debate

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

rise and respectfully address the Speaker. Upon being

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

question under consideration and avoiding personal reflections.

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

recognition, the Speaker shall designate the member who is

entitled to the floor.

No member, except the Majority and Minority Leaders, may

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

the House.

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

statement not exceeding ten minutes in length concerning a

subject or matter not pending before the House for

consideration, providing the Majority and Minority Leaders have

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

RULE 11

Interruption of a Member who Has the Floor

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

questions of order, by a motion to extend session or by a motion

for the previous question.

A member may yield the floor for questions related to the

subject before the House.

RULE 12

Personal Privilege

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

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

a pending question in the explanation. Questions of personal

privilege shall be limited to questions affecting the rights,

reputation and conduct of members of the House in their

respective capacity.

RULE 13

Transgression of House Rules

If any member in speaking or otherwise transgresses the Rules

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

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

immediately sit down unless permitted by the House to explain.

The House upon appeal shall decide the case without debate.

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

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

censure or other punishment as the House deems proper.

RULE 14

Members' and Employees' Expenses

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

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

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

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

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

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

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

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

but not in excess of the applicable maximum mileage rate

authorized by the Federal Government. For travel to any location

for committee meetings or for travel to the State Capitol for

any reason, members cannot receive reimbursement in excess of

the applicable maximum per diem rate authorized by the Federal

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

appropriation accounts under the Chief Clerk's exclusive control

and jurisdiction, upon a written request approved by the Speaker

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

House.

An employee of the House summoned by the Speaker or the

Majority or Minority Leader of the House to perform legislative

services outside of Harrisburg shall be reimbursed for actual

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

expenses may be paid by the Speaker, Majority or Minority

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

Clerk from appropriation accounts under the Chief Clerk's

exclusive control and jurisdiction, upon a written request

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

District office employees are only permitted to be reimbursed

from an account under the control of the Chief Clerk when

traveling to Harrisburg for a training program sponsored by

either caucus or for travel to a legislative conference approved

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

other travel by district office employees may be reimbursed from

the member's accountable expenses or an account under the

control of the Speaker, the Majority Leader or the Minority

Leader.

Members and employees traveling outside the Commonwealth of

Pennsylvania who receive any reimbursement for expenses or

travel which reimbursement is from public funds shall file with

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

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

Money appropriated specifically to and allocated under a

specific symbol number for allowable expenses of members of the

House of Representatives shall be reimbursed to each member upon

submission of vouchers and any required documentation by each

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

reimbursement shall be made from this account where a member is

directly reimbursed for the same purpose from any other

appropriation account.

Such allowable expenses of members may be used for any

legislative purpose or function, including but not limited to

the following:

(1)  Travel expense on legislative business.

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

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

but not in excess of the maximum mileage rate authorized by

the Federal Government for travel; voucher only.

(b)  Miscellaneous transportation on legislative business

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

similar nature; voucher only for any single expense not in

excess of $10.

(c)  Travel on legislative business by common carrier

other than taxi and airport limousine; voucher and receipt

from common carrier.

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

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

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

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

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

manufactured cars be rented.

(e)  Lodging, restaurant charges and other miscellaneous

and incidental expenses while away from home. Vouchers only

for per diem allowance approved from time to time by the

Committee on Rules, but not in excess of the applicable

maximum per diem rate authorized by the Federal Government or

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

(2)  Administrative, clerical and professional services for

legislative business, except for employment of spouses or any

relatives, by blood or marriage.

(a)  Administrative and clerical services; voucher and

receipt from person employed.

(b)  Professional services; voucher and receipt and copy

of agreement or contract of employment.

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

supplies; postage; telephone and answering services; printing

services and rental only of office equipment; voucher and

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

or expenditure shall be made out of any appropriation account

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

direction or on behalf of any member which is mailed or

delivered to a postal facility within 60 days immediately

preceding any primary or election at which said member is a

candidate for public office.

Mass mailing shall mean a newsletter or similar mailing of

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

substantially identical. Nothing in this rule shall apply to any

mailing which is in direct response to inquiries or requests

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

colleagues in the General Assembly or other government officials

or which consists entirely of news releases to the

communications media.

(4)  Official entertainment─restaurant and beverage charges;

voucher only for expenses. Receipts for entertainment expenses,

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

be submitted with the request for reimbursement.

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

services, books, and other similar items in connection with

legislative activities; voucher and vendor's receipt.

(6)  Communications and donations in extending

congratulations or sympathy of illness or death; voucher only on

expenses not in excess of $35.

No money appropriated for members' and employees' expenses

shall be used for contributions to political parties or their

affiliated organizations or to charitable organizations or for

charitable advertisements.

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

or maintained a legislative nonprofit organization. A

"legislative nonprofit organization" means a nonprofit

corporation or other entity whose primary purpose is to receive

funds under the General Appropriation Act or another

appropriations act at the discretion or by reason of the

influence of a member for the use at the direction or discretion

of the member. The Ethics Committee shall issue to any member

upon such member's request an opinion with respect to such

member's duties under this rule. The Ethics Committee shall,

within 14 days, issue the opinion. No member who acts in good

faith on an opinion issued to that member by the Ethics

Committee shall be subject to any sanctions for so acting,

provided that the material facts are as stated in the opinion

request. The Ethics Committee's opinions shall be public records

and may from time to time be published. The member requesting

the opinion may, however, require that the opinion shall contain

such deletions and changes as shall be necessary to protect the

identity of the persons involved.]

No money may be expended within 60 days before a primary

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

numbered years for:

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

radio or television broadcast time for public service

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

or

(ii)  payment for telemarketing activities on behalf of a

member. This prohibition shall not apply to limited surveys to

determine public opinion on various issues.

Members and employees shall not request reimbursement for the

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

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

vehicle expenses incurred by members or employees except with

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

a member prior to [the effective date of this rule] March 13,

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

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

March 12, 2007. The Chief Clerk is authorized to enter into a

master lease agreement with the Department of General Services

for the long-term lease of automobiles.

All disbursements made, debts incurred or advancements paid

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

or nonmember officer under a General Appropriation Act or any

other appropriation act shall be recorded in a monthly report

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

such disbursement, incur any debt or receive any advancement on

a form prescribed by the Chief Clerk.

The Chief Clerk shall prescribe the form of all such reports

and make such forms available to those persons required to file

such reports. Such report form shall include:

(1)  As to personnel:

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

of duties and where they are performed, department or member

or members to whom assigned, the name of immediate supervisor

and minimum hours of employment per week of each employee.

(b)  The appropriation account from which such employee

is compensated, the amount of compensation and whether such

person is on salary, per diem or contract.

(2)  As to all other expenditures:

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

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

expenditure was made.

(b)  The appropriation account from which the expenditure

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

requesting and/or authorizing the same.

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

Special Committee on Internal Affairs and House Administration

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

The reporting requirements as to personnel may be fulfilled

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

of an alphabetized file containing the current information for

each employee as set forth above.

All monthly reports filed on disbursements made or debts

incurred by any officer or member or employee from

appropriations made to the House or to a member or nonmember

officer under any General Appropriation Act, and the

documentation for each disbursement, shall be public information

and shall be available for public inspection during regular

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

shall prescribe reasonable rules and regulations for inspection

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

person for a period exceeding 48 hours (excluding Saturdays and

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

the Chief Clerk. Photocopies of such reports shall be made

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

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

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

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

which the report was filed.

All vouchers and requisitions relating to all expenditures,

expenses, disbursements and other obligations out of all

appropriated funds of the House, and the documentation

evidencing payment of the vouchers and requisitions, shall be

available for public inspection during regular business hours in

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

the Capitol as the Chief Clerk shall prescribe. Nothing in this

rule shall permit release of any information deemed

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

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

number or a Federal or a State tax identification number.

All requests to review payroll and independent contractor

records of the House or any other vouchers or requisitions for

funds appropriated to the House shall be made to the Chief

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

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

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

the name of the organization or entity employing such

individual. The Chief Clerk shall establish a time during normal

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

the review shall not interfere with the necessary functioning of

the Chief Clerk's office.

All requests for reimbursement out of any appropriation shall

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

evidencing payment or approval. All requests for reimbursement

out of any appropriation payable to a member, nonmember officer

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

date that the otherwise allowable expense is incurred for any

and all otherwise allowable expenses, including without

limitation, per diem, mileage and actual expenses incurred. Any

such void request for reimbursement may not be paid except

pursuant to a motion to suspend this rule for good cause

specific to the voided request for reimbursement. The voucher

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

or documentation of every expenditure or disbursement which is

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

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

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

making such advance payment shall require a description

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

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

documentation shall be given to the Chief Clerk after the item

or service has been purchased or expense incurred as evidence

that such advancement was in fact expended for such purpose.

All reports, vouchers and receipts from which reports are

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

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

necessary to enable the Legislative Audit Advisory Commission

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

entitled "An act implementing the provisions of Article VIII,

section 10 of the Constitution of Pennsylvania, by designating

the Commonwealth officers who shall be charged with the function

of auditing the financial transactions after the occurrence

thereof of the Legislative and Judicial branches of the

government of the Commonwealth, establishing a Legislative Audit

Advisory Commission, and imposing certain powers and duties on

such commission," to conduct, through certified public

accountants appointed by it, annual audits to assure that such

disbursements made or debts incurred were in accordance with

Legislative Audit Advisory Commission guidelines and standards

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

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

available for public inspection. Photocopies of such reports

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

to exceed the cost of duplication.

Except as specifically prohibited by law or limited by this

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

a member or nonmember officer shall be subject to the

expenditure guidelines established by the Rules Committee. The

Rules Committee shall establish standards regarding

documentation evidencing payment out of any appropriations

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

The Bipartisan Management Committee shall receive and review

suggestions from the Comptroller on ways to reduce costs and

improve the fiscal operations of the House. The Comptroller,

following authorization by the Bipartisan Management Committee,

shall implement cost reducing and other new measures to improve

the fiscal operations of the House.

RULE 14 (a)

Employee Payroll Information

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

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

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

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

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

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

of every employee of the House of Representatives and shall

include such information for every person employed for any

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

the information required under the Legislative Officers and

Employes Law, the list shall include the payroll wage

information for those House employees paid during the preceding

calendar year. The list shall be available for public inspection

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

RULE 14 (b)

Electronic Availability of Reports

In addition to the other methods of availability under Rule

14, all expense reports existing in electronic form shall be

provided electronically by the Chief Clerk upon request.

RULE 15

Time of Meeting

The House shall convene on the first legislative day of the

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

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

On other days the House shall convene at the discretion of

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

nor [end] may any roll call votes be taken after 11:00 P.M.

unless exigent circumstances exist, as determined by an

affirmative vote of three-fourths of the members elected to the

House, by a roll call vote on a motion to extend session. A

motion to extend session may be made to extend session generally

or to conclude business on a specific question or questions. If

a motion to extend session is made prior to 10:15 P.M. and a

roll call vote has not been ordered, the arrival of 10:45 P.M.

shall put an end to all debate and shall bring the House to an

immediate roll call vote on the question to extend session.

Nothing in this rule shall prevent the House from conducting

administrative matters, including the making of announcements

regarding the House schedule for the benefit of members or in

order to comply with 65 Pa.C.S. § 709 (relating to public

notice) after 11:00 P.M. Upon the Speaker's determination that

all administrative matters are concluded, the Speaker shall

adjourn the House.

RULE 16

Quorum

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

smaller number may adjourn from day to day and compel the

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

10).

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

shall forthwith order the doors of the House closed and the

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

ascertained a quorum is present, either by answering to their

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

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

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

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

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

be refused the member or members so offending until the contempt

is purged.

RULE 17

Order of Business

The daily order of business shall be:

(1)  Prayer by the Chaplain.

(2)  Pledge of Allegiance.

(3)  Correction and approval of the Journal.

(4)  Leaves of absence.

(5)  Master Roll Call.

(6)  Reports of Committee.

(7)  First consideration bills.

(8)  Second consideration bills.

(9)  Third consideration bills, final passage bills

(including both third consideration and final passage postponed

bills) and resolutions.

(10)  Final passage bills recalled from the Governor.

(11)  Messages from the Senate and communications from the

Governor.

(12)  Reference to appropriate committees of bills,

resolutions, petitions, memorials, remonstrances and other

papers.

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

(14)  Announcements.

(15)  Adjournment.

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

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

its consideration, the Speaker shall lay the special order of

business before the House.

In lieu of offering House Resolutions on topics of importance

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

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

the record during a special period of time established each week

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

day.

RULE 18

Introduction and Printing of Bills

Bills shall be introduced in quadruplicate, signed and dated

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

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

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

withdrawn upon written notice to the Speaker, Majority Leader,

Minority Leader and the prime sponsor. In the case of

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

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

sponsor by providing written notice to the Speaker, Majority

Leader and Minority Leader.

Bills introduced when received at the Chief Clerk's desk

shall be numbered consecutively and delivered to the Speaker,

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

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

creating a select committee authorizes the referral of bills to

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

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

the select committee shall consider and report bills in

accordance with the rules governing the consideration and

reporting of bills by standing committees. The Speaker shall

report to the House the committees to which bills have been

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

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

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

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

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

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

session.

If the Speaker neglects or refuses to refer to committee any

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

introduction or presentation by the Senate for concurrence, any

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

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

immediately surrendered by the Speaker to the committee

designated in said motion.

The first copy of each bill introduced shall be for the

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

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

for the Legislative Reference Bureau.

Every bill, after introduction and reference to committee,

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

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

Representatives.

Bills may not be withdrawn after reference to committee.

RULE 19

Bills Referred to Committees

No bill shall be considered unless referred to a committee,

printed for the use of the members and returned therefrom.

(Constitution, Article III, Section 2).

RULE 19 (a)

Fiscal Notes

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

amendments thereto, which may require an expenditure of

Commonwealth funds or funds of any political subdivision or

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

separately established fund shall be given third consideration

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

Appropriations Committee for a fiscal note, provided however

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

quarters of the entire membership to which such committee is

entitled:

(a)  Waive the recommittal to the Appropriations

Committee and provide that the fiscal note be attached to the

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

shall be a priority item for the Appropriations Committee; or

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

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

merely authorizes, rather than mandates, an increase in

expenditures or an action that would result in a loss of

revenue.

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

the proper time, the recommittal of any bill to the

Appropriations Committee for a fiscal note.

(3)  The Appropriations Committee shall be limited in its

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

and shall not consider the substantive merits of the bill nor

refuse to report any such bill from committee for reasons other

than fiscal aspects. The fiscal note shall accompany the bill

and provide the following information in connection with the

Commonwealth and its political subdivisions:

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

appropriation providing for expenditures under the bill shall

be made;

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

its enactment;

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

the five succeeding fiscal years;

(d)  The fiscal history of the program for which

expenditures are to be made;

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

fiscal year of its enactment;

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

for each of the five succeeding fiscal years;

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

fund or other account out of which expenditures or losses of

Commonwealth funds shall occur as a result of the bill;

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

Committee and the reasons therefor relative to the passage or

defeat of the bill; and

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

foregoing fiscal information was obtained, and an explanation

of the basis upon which it is computed.

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

expenditure of Commonwealth funds shall be given third

consideration reading on the calendar until the Appropriations

Committee has certified that provision has been made to

appropriate funds equal to such increased expenditure. Whenever

the Appropriations Committee cannot so certify, the bill shall

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

further consideration and/or amendment.

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

amendments, or adoption of a conference report which may result

in an increase in the expenditure of Commonwealth funds or those

of a political subdivision or which may entail a loss of

revenues in addition to that originally provided for in the bill

prior to the proposed changes nor any bill requiring a fiscal

note for which re-referral to the Appropriations Committee has

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

fiscal note is available for distribution to the members with

respect to such changes or to such bill showing the fiscal

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

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

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

the amendment clerk under Rule 21, the amendment or certificate

shall be forwarded to the Appropriations Committee. Upon receipt

of an amendment, the Appropriations Committee shall

automatically prepare a fiscal note.

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

the Appropriations Committee may utilize the services of the

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

necessary.

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

system of the Commonwealth or any political subdivision thereof,

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

Commonwealth or any political subdivision, shall have attached

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

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

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

and procedures required of bills containing fiscal notes, shall,

where applicable, also be required for bills containing

actuarial note. The actuarial note shall contain a brief

explanatory statement or note which shall include a reliable

estimate of the financial and actuarial effect of the proposed

change in any such retirement system.

RULE 19 (b)

General Appropriation Bill and Non-Preferred Bills

This rule shall apply to all amendments offered to the

General Appropriation Bill for each proposed fiscal year

including any amendments offered to or for supplemental

appropriations to prior fiscal years contained within the

General Appropriation Bill, and shall also apply to all

amendments offered to any non-preferred appropriation bill for

the same fiscal year.

Any amendment offered on the floor of the House to the

General Appropriation Bill that proposes to increase spending of

State dollars for the Commonwealth's proposed fiscal year or

prior fiscal years above the levels contained in the General

Appropriation Bill as reported from the Appropriations Committee

plus any aggregate if certified each year by the Appropriations

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

the same amendment contains sufficient reductions in line items

of that General Appropriation Bill so that the amendment offered

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

contained within the General Appropriation Bill plus any

aggregate if certified by the Appropriations Committee.

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

preferred appropriation bill that proposes to increase spending

of State dollars for the current fiscal year above the levels

contained in that non-preferred appropriation bill as reported

from the Appropriations Committee shall not be in order and may

not be considered unless the same amendment contains sufficient

reductions in that non-preferred appropriation bill so that the

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

proposed spending contained within that non-preferred

appropriation bill.

In order to be considered, amendments to the General

Appropriation Bill must be submitted to the Office of the Chief

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

scheduled vote of the General Appropriation Bill. The

Appropriations Committee for special and proper reason and by

majority vote, may waive this deadline. Members shall be

notified of the scheduled vote on the General Appropriation Bill

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

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

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

filing deadline for amendments and notice requirements for the

voting schedule for the General Appropriation Bill, shall not

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

preferred appropriation bills.

If the amendment cannot be submitted in accordance with the

provision of the previous paragraph because it is still being

prepared by the Legislative Reference Bureau, the member must,

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

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

prepared by the member containing the factual content and exact

amounts of increases and decreases in line items which would be

proposed in the amendment, along with certification from the

Legislative Reference Bureau that the amendment was submitted to

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

aforementioned Monday. This filing deadline does not apply to

amendments to any non-preferred appropriation bill.

Debate on any debatable question related to the General

Appropriation Bill or a nonpreferred appropriation bill shall be

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

bill a sponsor of an amendment shall be entitled to be

recognized twice, a maker of a debatable motion shall be

entitled to be recognized twice, any other members shall be

entitled to be recognized once.

[This rule may be temporarily suspended only by two-thirds

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

RULE 20

Bills Confined to One Subject

No bill shall be passed containing more than one subject,

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

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

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

RULE 21

Consideration of Bills

(a)  Every bill and every joint resolution shall be

considered on three different days. All amendments made thereto

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

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

written request addressed to the presiding officer by at least

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

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

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

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

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

the House is recorded thereon as voting in its favor.

(Constitution, Article III, Section 4).

(b)  Members shall be notified of bills and resolutions

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

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

date of second consideration [and prior to the date of third

consideration] for legislation that has no legal deadline. (The

General Appropriation Act and non-preferred bills are included

within the definition of legislation that has no legal

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

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

of the last legislative day preceding the scheduled date of

second consideration. Members shall be notified of bills

scheduled to be voted on third consideration. A change in the

printer's number as a result of third consideration shall not

require an additional notice of final passage. No vote on final

passage can occur before the date of the scheduled vote.

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

the above paragraph because it is still being prepared by the

Legislative Reference Bureau, the member must provide the Office

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

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

content of said amendment along with certification from the

Legislative Reference Bureau that the amendment was submitted to

the Legislative Reference Bureau for drafting prior to the

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

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

effectively rule out of order an amendment which was timely

filed pursuant to the provisions of this rule, a replacement

amendment may be submitted to the Office of the Chief Clerk

provided that the subject matter of the replacement amendment is

not substantially different from the intent of the original

amendment. The replacement amendment shall be deemed to have met

the timely filed conditions provided for in this rule. The

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

replacement amendment and shall file a certificate with the

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

receive consideration but shall not be moved to third

consideration until the replacement amendment is available for a

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

legislative day due solely to delay in receipt of replacement

amendments, then only amendments timely filed for the date of

the originally scheduled vote and replacement amendments shall

be considered. This limitation on amendments shall not apply to

the bill in question if consideration of the bill is rescheduled

beyond the new legislative day.

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

to the consideration of all bills on concurrence.] A bill may

not receive action on concurrence until at least 24 hours have

elapsed from the time the bill and its amendatory language was

available to the public, unless the amendment was a technical

amendment as described under the first paragraph of Rule 24 or

an affirmative vote of a majority of the members elected to the

House indicates they have had sufficient time to review the

language and thereby approve proceeding with the bill. A brief

description of every bill on concurrence shall be given prior to

a vote. Additionally, members shall be notified and conference

committee reports shall be available to members at least 24

hours prior to the adoption of all conference committee reports. 

When these reports are considered on the first legislative day

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

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

Notwithstanding notice provided, members may, by an

affirmative vote of a majority of the members elected to the

House, indicate that they have had sufficient time to review a

conference committee report and thereby approve proceeding with

a vote.

RULE 22

First Consideration Bills

Bills reported from committees shall be considered for the

first time when reported and shall then be automatically removed

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

reported from committees after the first Monday in June until

the first Monday in September which shall then be automatically

recommitted to the Committee on Rules. [The] Except as otherwise

provided, the Rules Committee shall not in any instance have the

power to amend a bill which has been reported by another

committee.

After the first Monday in September, any bill which was

automatically recommitted to the Committee on Rules pursuant to

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

House and laid on the table.

Any bill which was automatically laid on the table pursuant

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

days shall automatically be removed from the table and returned

to the calendar for second consideration the next legislative

day.

Any bill which was automatically laid on the table pursuant

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

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

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

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

table shall be placed on the second consideration calendar on

the legislative day following such removal. Nothing herein shall

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

from the table.

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

order on first consideration.

Bills shall not be considered beyond first consideration

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

Any noncontroversial bill, which is defined as any bill,

other than an appropriations bill, approved by a committee with

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

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

uncontested calendar. Bills on the uncontested calendar shall be

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

uncontested calendar will be printed separately in the journal

with the vote recorded on the approval of the uncontested

calendar as the vote on final passage of each bill contained

therein.

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

uncontested calendar, the bill shall be automatically removed

from the uncontested calendar and placed on the regular calendar

the next legislative day.

RULE 23

Second Consideration Bills

Bills on second consideration shall be considered in their

calendar order and shall be subject to amendment.

No House bill on second consideration shall be considered

until called up by a member.

RULE 24

Third Consideration and Final Passage Bills

Bills on third consideration shall be considered in their

calendar order and shall be subject to amendment only when an

amendment is necessary to make the document internally

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

correct a drafting error or is necessary for purposes of

statutory construction. An amendment under this paragraph shall

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

having received consideration by the House on three different

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

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

action on final passage until at least 24 hours have elapsed

from the time the bill [was amended] and its amendatory language

was available to the public, unless the amendment was a

technical amendment permitted under the first paragraph of this

rule or an affirmative vote of a majority of the members elected

to the House indicates they have had sufficient time to review

the language of the bill and thereby approve proceeding with the

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

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

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

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

shall then state the question as follows:

"This bill has been considered on three different days and

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

the bill pass finally? Agreeable to the provision of the

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

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

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

each bill shall be read.

The Speaker shall then state the question as follows:

"These bills have been considered on three different days and

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

the bills on the uncontested calendar pass finally? Agreeable to

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

taken."

RULE 25

Defeated Bills

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

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

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

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

during the same session.

RULE 26

Reconsideration

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

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

and filed by two members. The motion shall be in order only

under the order of business in which the vote proposed to be

reconsidered occurred and shall be decided on a roll-call vote

by a majority vote. No motion to reconsider shall be in order

when the bill, resolution or other matter is no longer in the

possession of or is not properly before the House.

A motion to reconsider any such vote must be [made] filed on

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

succeeding five days in which the House is in session, provided

such bill, resolution or other matter is still in the possession

of or is properly before the House.

When a motion to reconsider any such vote is [made] filed 

within the aforesaid time limits, put before the House by the

Speaker and [is] decided by the affirmative vote prescribed

herein, the question [immediately] recurs on the bill,

resolution or other matter reconsidered.

Where a bill, resolution or other matter has been initially

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

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

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

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

such vote.

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

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

such vote, even though such second motion to reconsider is

timely made.

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

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

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

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

receive or consider a new bill, resolution or other matter

embracing therein a subject or purpose basically identical to or

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

resolution or matter initially defeated.

The vote on a bill or resolution recalled from the Governor

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

been returned to the House.

No bill, resolution or other matter may be reconsidered more

than twice on the same legislative day.

RULE 27

Amendments

No bill shall be amended so as to change its original

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

No motion or proposition on a subject different from that

under consideration shall be admitted under color of amendment.

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

the proposed amendment is germane to the subject. Questions

involving whether an amendment is germane to the subject shall

be decided by the House.

No amendment to an amendment shall be admitted nor

considered.

The sponsor of an amendment shall explain the amendment prior

to consideration by the House.

Before consideration, nine typewritten copies of a proposed

amendment signed by its sponsor shall be presented to the

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

and a printed copy in typewritten form prepared by the

Legislative Reference Bureau shall be placed on the desk of each

member if the amendment is not available on the Legislative Data

Processing floor system.

Amendments adopted or defeated may not be considered again

without first reconsidering the vote.

RULE 28

Bills Amending Existing Law

Bills amending existing law shall indicate present language

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

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

6).

RULE 29

Form for Printing Amendments

In printing amendments to bills and resolutions, all new

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

eliminated shall be indicated by strike-out type.

In reprinting House bills previously amended by the House and

in reprinting Senate bills previously amended by the Senate, but

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

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

and all matter appearing in CAPITAL LETTERS shall be reset in

lower case Roman type.

RULE 30

Bills Amended by the Senate

When a bill or joint resolution has been amended by the

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

referred automatically to the Committee on Rules immediately

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

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

bill or joint resolution containing Senate amendments, except

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

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

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

The consideration of any bill or joint resolution containing

Senate amendments may include the amendment of Senate amendments

by the Committee on Rules. The vote on concurring in amendments

by the House to bills or joint resolutions amended by the Senate

shall not be taken until said bills or joint resolutions have

been favorably reported, as committed or as amended, by the

Committee on Rules.

When said bill or joint resolution has been favorably

reported by the Committee on Rules, either as committed or as

[last passed the House] amended, said bill or joint resolution

shall be placed on the calendar. When acting on bills or joint

resolutions amended by the Senate, the bill and the amendments[,

if any] shall be read and the question put on the concurrence in

[the] all amendments to the bill since it was last considered by

the House.

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

joint resolution included in a report of the Committee on Rules

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

joint resolution exceeded the limitation upon the power of the

Committee on Rules to amend bills and joint resolutions amended

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

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

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

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

joint resolution, the bill or joint resolution shall be deemed

reported from the Committee on Rules as committed and shall be

placed on the calendar.]

The House shall not consider any proposed amendment to any

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

consider any amendment to any amendment made by the Committee on

Rules.

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

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

the Senate, except for appropriations to charitable and

educational institutions not under the absolute control of the

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

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

Article III, Sections 5 and 30).

Unless the Majority Leader and the Minority Leader shall

agree otherwise, the offering of an amendment to Senate

amendments in the Committee on Rules shall not be in order until

at least one hour after the filing of a copy of the amendment as

prepared by the Legislative Reference Bureau with the office of

the Chief Clerk. Upon the filing of such an amendment, the Chief

Clerk shall immediately time stamp the amendment and forthwith

forward a time-stamped copy of the amendment to the offices of

the Majority Leader and the Minority Leader. Except as provided

under this subsection, it shall not be in order to suspend or

otherwise waive the requirements of this subsection.

RULE 31

Bills Vetoed by the Governor

When the Governor has returned a bill to the House with

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

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

15).

RULE 32

Hospital and Home Appropriations or

Acquiring Lands of the Commonwealth

No bills appropriating moneys to State-aided hospitals or

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

as appropriate in single bills the total sum to be appropriated

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

Requests for appropriations for particular State-aided hospitals

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

Committee on Appropriations on forms to be furnished by the said

Committee on Appropriations, and shall be signed by the member

requesting the appropriation.

No bill granting or conveying Commonwealth lands or taking

title thereto shall be reported by any committee to the House

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

of the reporting committee a memorandum from the Department of

General Services indicating the use to which the property is

presently employed, the full consideration for the transfer, if

any, a departmental appraisal of the property, including its

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

the use to which the property will be employed upon its

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

and the legislative district or districts in which the land is

located. The memorandum shall contain a statement by a

responsible person in the Department of General Services

indicating whether or not the administration favors the transfer

which is the subject of the bill under consideration.

RULE 33

Special Legislation

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

notice of the intention to apply therefor has been published in

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

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

introduction into the General Assembly of such bill and in the

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

published shall be exhibited in the General Assembly before the

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

No local or special bill shall be considered in violation of

Article III, Section 32, of the Constitution.

RULE 34

Nonpreferred Appropriations

No bill shall be passed appropriating money to any charitable

or educational institution not under absolute control of the

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

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

RULE 35

House and Concurrent Resolutions

Members introducing resolutions other than concurrent

resolutions shall file five copies thereof; seven copies of

concurrent resolutions shall be filed. All resolutions shall be

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

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

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

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

been printed. Resolutions may not be withdrawn after reference