PRINTER'S NO.  4

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE RESOLUTION

 

No.

4

Session of

2011

  

  

INTRODUCED BY PILEGGI AND COSTA, JANUARY 4, 2011

  

  

INTRODUCED AND ADOPTED, JANUARY 4, 2011  

  

  

  

A RESOLUTION

  

1

Providing for the Rules of the Senate for the 195th and 196th

2

Regular Session.

3

RESOLVED, That the following be adopted as the Rules of the

4

Senate for the governing of the 195th and 196th Regular Session.

5

(2011-2012)

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RULES OF THE SENATE OF PENNSYLVANIA

7

I SESSIONS

8

Regular and Special

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1.  The General Assembly shall be a continuing body during

10

the term for which its Representatives are elected. It shall

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meet at twelve o'clock noon on the first Tuesday of January each

12

year. Special sessions shall be called by the Governor on

13

petition of a majority of the Members elected to each House or

14

may be called by the Governor whenever in his opinion the public

15

interest requires. (Const. Art. 2, Sec. 4)

16

Weekly

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2.  The Senate shall convene its weekly sessions on Monday,

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unless the Senate shall otherwise direct.

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1

II PRESIDENT

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The Lieutenant Governor shall be President of the Senate.

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(Const. Art. 4, Sec. 4)

4

III DUTIES OF THE PRESIDENT

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1.   The President shall:

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(a)  Take the chair on every legislative day precisely at the

7

hour to which the Senate stands adjourned, immediately call the

8

Senators to order, and on the appearance of a quorum proceed

9

with the Order of Business of the Senate.

10

(b)  While in session have general direction of the Senate

11

Chamber. It shall be the President's duty to preserve order and

12

decorum, and, in case of disturbance or disorderly conduct in

13

the Chamber or galleries, may cause the same to be cleared. When

14

in the President's opinion there arises a case of extreme

15

disturbance or emergency the President shall, with the

16

concurrence of the President Pro Tempore, the Majority and

17

Minority Leaders, adjourn the Senate. Such adjournment shall not

18

extend beyond the limitation imposed by Article 2, Section 14 of

19

the Constitution.

20

(c)  During debate, prevent personal reflections and confine

21

Senators, in debate, to the question.

22

(d)  Decide, when two or more Senators arise, who shall be

23

first to speak.

24

(e)  In the presence of the Senate, within one legislative

25

day after receipt or adoption, sign all bills and joint

26

resolutions which have passed both Houses after their titles

27

have been read.

28

(f)  Sign resolutions, orders, writs, warrants and subpoenas

29

issued by order of the Senate. The signature shall be attested

30

by the Secretary-Parliamentarian of the Senate, or, if absent,

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1

by the Chief Clerk; and the fact of signing shall be entered in

2

the Journal.

3

(g)  Decide all points of order, subject to appeal, giving,

4

however, any Member called to order the right to extenuate or

5

justify. Debate shall not be permitted unless there be an appeal

6

from a decision of the President in which event the President

7

shall submit the question to the whole Senate for decision. The

8

President shall submit points of order involving the

9

constitutionality of any matter to the Senate for decision.

10

Questions of order submitted to the Senate may be debated.

11

IV PRESIDENT PRO TEMPORE

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1.  (a)  The Senate shall, at the beginning and close of each

13

regular session and at such other times as may be necessary,

14

elect one of its Members President Pro Tempore, who shall

15

perform the duties of the Lieutenant Governor in any case of

16

absence or disability of that officer, and whenever the office

17

of Lieutenant Governor shall be vacant. (Const. Art. 2, Sec. 9)

18

(b)  The vote of a majority of the Members voting shall be

19

required to elect a President Pro Tempore. Except at the

20

beginning and close of each regular session, the Senate shall

21

only elect a President Pro Tempore when the office has become

22

vacant and the vote of the majority of the Members elected shall

23

be required to vacate the office of a seated President Pro

24

Tempore.

25

V DUTIES OF PRESIDENT PRO TEMPORE

26

1.   The President Pro Tempore shall:

27

(a)  Appoint the Chairmen, Vice-Chairmen and members of the

28

Standing Committees of the Senate as soon after the election of

29

the President Pro Tempore as possible.

30

(b)  Appoint members to special committees whenever

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1

authorized.

2

(c)  Fill all vacancies occurring in standing and special

3

committees.

4

(d)  Refer to the appropriate standing committee, every bill

5

and joint resolution which may be introduced in the Senate or

6

received from the House of Representatives. Such referral shall

7

be at the President Pro Tempore's convenience but not later than

8

the succeeding legislative day.

9

(e)  Appoint and have under the President Pro Tempore's

10

direction such Senate employees as are authorized by law.

11

(f)  Vote last on all questions when occupying the Chair.

12

2.   The President Pro Tempore may:

13

(a)  Name any Senator to preside in the absence of the

14

President, or if both the President and President Pro Tempore

15

are absent the Majority Leader, or the Majority Leader's

16

designee, shall preside. The Majority Leader, during such time,

17

shall be vested with all powers of the President. This authority

18

shall not extend beyond a day's adjournment.

19

VI OTHER OFFICERS

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1.  Each House shall choose its other officers. (Const. Art.

21

2, Sec. 9)

22

VII DUTIES OF THE SECRETARY-PARLIAMENTARIAN

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1.   At the beginning of each regular session convening in an

24

odd-numbered year and at other times as may be necessary, the

25

Senate shall elect a Secretary-Parliamentarian of the Senate.

26

2.  The Secretary-Parliamentarian of the Senate shall:

27

(a)  Assist the presiding officer in conducting the business

28

of the session.

29

(b)  Act in the capacity of Parliamentarian.

30

3.  The Secretary-Parliamentarian of the Senate shall,

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1

subject to the direction of the President Pro Tempore:

2

(a)  Direct the following functions: (1) amending bills in

3

the Senate; (2) preparing and publishing the Senate Calendar;

4

(3) publication of the Senate History. (4) numbering Senate

5

bills as they are introduced and causing them to be distributed

6

to the chairman of the committee to which they are referred and

7

receiving a receipt for same; (5) printing of bills.

8

(b)  Keep a record of the Senate action on a bill on a

9

special record sheet attached to the bill after it has been

10

reported from committee.

11

(c)  Transmit all bills, joint resolutions, concurrent

12

resolutions and appropriate memorials to the House of

13

Representatives within twenty-four hours of final passage, and

14

each shall be accompanied by a message stating the title to the

15

measure being transmitted and requesting concurrence of the

16

House.

17

(d)  Attest all writs, warrants and subpoenas issued by order

18

of the Senate; certify as to the passage of Senate Bills and the

19

approval of executive nominations.

20

(e)  Be in charge of the Senate Library and assist Senators

21

by making reference material available to them.

22

(f)  Perform any duties assigned to the Senate Librarian by

23

any statute.

24

(g)  Supervise the Chief Sergeant-at-Arms, the Senate Bill

25

Room, the Senate Print Shop, the Official Reporter's Office and

26

the Senate Page Service.

27

4.  The Secretary-Parliamentarian of the Senate shall post

28

each roll call vote taken in the Senate on the Internet website

29

maintained by the Senate immediately, but in no case later than

30

24 hours after the vote. Each roll call vote shall be posted in

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a manner which clearly identifies the bill, resolution or other

2

subject of the vote.

3

5.  The Secretary-Parliamentarian of the Senate shall post

4

the Legislative Journal of the Senate on the Internet website

5

maintained by the Senate upon approval of the Journal or within

6

45 calendar days of each session day, whichever is earlier. If

7

the Secretary-Parliamentarian posts the Legislative Journal on

8

the Internet website prior to Senate approval, the copy shall be

9

marked "Official Reporter's Document."

10

VIII DUTIES OF THE CHIEF CLERK

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1.  At the beginning of each regular session convening in an

12

odd-numbered year and whenever necessary, the Senate shall elect

13

a Chief Clerk of the Senate.

14

2.  The Chief Clerk shall be the chief fiscal officer of the

15

Senate and shall perform those duties prescribed in section 2.4

16

of the act of January 10, 1968 (1967 P.L.925, No.417), referred

17

to as the Legislative Officers and Employes Law. In addition the

18

Chief Clerk, subject to the direction of the President Pro

19

Tempore, shall perform those powers and duties prescribed in the

20

Financial Operating Rules of the Senate. In the absence of the

21

Secretary-Parliamentarian, the Chief Clerk shall, subject to the

22

direction of the President Pro Tempore, attest all writs,

23

warrants and subpoenas issued by order of the Senate and shall

24

certify as to the passage of Senate Bills and the approval of

25

executive nominations.

26

IX DUTIES OF THE SERGEANT-AT-ARMS

27

1.  The Chief Sergeant-at-Arms shall:

28

(a)  Be constantly in attendance during the sessions of the

29

Senate except when absent in discharging other duties.

30

(b)  Have charge of and direct the work of the Assistant

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1

Sergeant-at-Arms.

2

(c)  Serve all subpoenas and warrants issued by the Senate or

3

any duly authorized officer or committee.

4

(d)  Maintain order, at the direction of the presiding

5

officer, in the Senate Chamber and adjoining rooms.

6

(e)  See that no person, except those authorized to do so,

7

disturbs or interferes with the desks of the Senators or

8

officers, or with books, papers, etc., thereat.

9

(f)  Exclude from the floor all persons not entitled to the

10

privilege of the same.

11

(g)  Have charge of all entrances to the Chamber during the

12

sessions of the Senate and shall see that the doors are properly

13

attended.

14

(h)  Announce, upon recognition by the presiding officer, all

15

important messages and committees.

16

(i)  Escort the Senate to all Joint meetings with the mace.

17

(j)  Escort the Senate Committee appointed to attend funeral

18

services of members or former members of the Senate with the

19

mace.

20

X ORDER OF BUSINESS

21

1.  The Order of Business to be observed in taking up

22

business shall be as follows:

23

First

Call to Order.

24

25

Second

  

Prayer by the Chaplain and Pledge of Allegiance.

26

Third

Reading of Communications.

27

Fourth

Receiving reports of committees. 

28

29

30

Fifth

  

  

Reading of bills in place at

which time they shall not be subject to debate or remarks.

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2

3

4

5

6

7

8

  

  

  

  

  

  

  

  

All bills in place shall be

accompanied by four copies of the same. Bills not introduced at this time will be accepted and will be referred to committee and processed not later than the next succeeding legislative day.

9

10

Sixth

  

Offering of original resolutions.

11

12

13

14

15

16

Seventh

  

  

  

  

  

Asking of leaves of absence. No Senator shall absent himself without leave of the Senate, first obtained, unless prevented from attendance by sickness, or other sufficient cause.

17

18

19

20

21

22

23

24

25

26

27

28

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Eighth

  

  

  

  

  

  

  

  

  

  

  

  

Consideration of the Calendar. Any bill or resolution on the Calendar not finally acted upon within ten legislative days shall be recommitted to the committee which reported the same to the Calendar; any bill or resolution on the Calendar which cannot, by its status, be recommitted shall be removed from the Calendar and laid on the table, unless the Senate shall otherwise direct.

30

Ninth

Consideration of Executive

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1

  

Nominations.

2

3

Tenth

  

Approval of Journals of preceding session days.

4

5

6

Eleventh

  

  

Unfinished Business. Reports of Committees. Congratulatory and condolence resolutions.

7

8

9

10

11

Twelfth

  

  

  

  

First consideration of bills reported from committee, which, at this time, shall not be subject to amendment, debate or a vote thereon.

12

13

Thirteenth

  

Introduction of Petitions and Remonstrances.

14

15

Fourteenth

  

Announcements by the Secretary-Parliamentarian.

16

Fifteenth

Adjournment.

17

  

Special Order of Business

18

2.  Any subject may, by a vote of a majority of the Members

19

present, be made a special order; and when the time so fixed for

20

its consideration arrives, the presiding officer shall lay it

21

before the Senate.

22

XI ORDER AND DECORUM

23

Recognition

24

1.  Any Senator who desires to speak or deliver any matter to

25

the Senate shall rise and respectfully address the presiding

26

officer as "Mr. President" or "Madam President," and on being

27

recognized, may address the Senate preferably at a microphone

28

conveniently located on the floor, and shall confine remarks to

29

the question under debate, avoiding personalities.

30

Speaking Out of Order

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2.  If any Senator, in speaking or otherwise shall transgress

2

the Rules of the Senate, the President shall, or any Senator may

3

through the chair, call that Senator to order.

4

Speaking More than Once

5

3.  No Senator shall speak more than once on one question, to

6

the prevention of any other who has not spoken and is desirous

7

to speak; nor more than twice without leave of the Senate.

8

Decorum

9

4.  While the President is putting a question, no Member

10

shall walk out or across the hall, nor when a Senator is

11

speaking pass between the Senator and the chair, and during the

12

session of the Senate no Senator shall remain at the clerk's

13

desk during the calling of the roll or the tabulating thereof.

14

Smoking

15

4.1.  No smoking of cigarettes, cigars, pipes and other

16

tobacco products shall be allowed in the Hall of the Senate.

17

Order and Privilege

18

5.  No Senator speaking shall be interrupted by another

19

except by a call to order, or by a question of privilege, or by

20

a call for the previous question, without the consent of the

21

Senator speaking, and no Senator shall speak on a question after

22

it is put to a vote.

23

Questions of Order

24

6.  The presiding officer shall decide all questions of

25

order, subject to appeal by any member. No debate shall be

26

allowed on questions of order, unless there be an appeal. A

27

second point of order on the same general subject, but not the

28

same point, is not in order while an appeal is pending, but when

29

the first appeal is decided, laid on the table or otherwise

30

disposed of, the second point of order is in order and is

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subject to appeal. While an appeal is pending no other business

2

is in order. It is within the discretion of the presiding

3

officer as to whether to vacate the chair on an appeal.

4

Question When Interrupted

5

7.  A question regularly before the Senate can be interrupted

6

only by a call for the previous question, for amendment,

7

postponement, to lay on the table, commitment, recess or

8

adjournment.

9

XII MOTIONS

10

Putting a Motion

11

1.  When a motion is made, it shall, before debate, be stated

12

by the President. Every motion made to the Senate and

13

entertained by the President shall be reduced to writing on the

14

demand of any member, and shall be entered on the Journal with

15

the name of the Senator making it. A motion may be withdrawn by

16

the Member making it before amendment, postponement, an order to

17

lie on the table, or decision.

18

Precedence of Motions

19

2.  Motions shall take precedence in the following order:

20

1.  Adjourn.

21

2.  Previous question.

22

3.  Recess.

23

4.  Privilege.

24

5.  Orders of the day.

25

6.  Lay on the table.

26

7.  Limit, close or extend limit on debate.

27

8.  Postpone.

28

9.  Commit or recommit.

29

10.  Amend.

30

11.  Main motion.

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1

Non-Debatable Motions

2

3.  Non-debatable motions are:

3

1.  Adjourn or recess.

4

2.  Previous question.

5

3.  Lay on table.

6

4.  Orders of the day.

7

5.  Limit, close or extend limit on debate.

8

Motions Which Permit Limited Debate

9

4.  On the motion to postpone, the question of postponement

10

is open to debate, but the main question is not.

11

5.  The motion to commit or recommit to committee is

12

debatable as to the propriety of the reference, but the main

13

question is not open to debate.

14

6.  The motion to amend is debatable on the amendments only

15

and does not open the main question to debate.

16

Seconding Motions

17

7.  All motions except for the previous questions (which

18

shall be moved by not less than four Senators) may be made

19

without a second.

20

Adjournment and Convening

21

8.  (a)  A motion to adjourn shall always be in order,

22

excepting when on the call for the previous question, the main

23

question shall have been ordered to be now put, or when a Member

24

has the floor and shall be decided without debate.

25

(b)  A motion to adjourn, adopted and not having a

26

reconvening time, the Senate will meet the following day at

27

10:00 a.m.

28

(c)  The Senate shall not convene earlier than 8:00 a.m.

29

unless the Senate adopts a motion that sets forth the need to

30

convene earlier than 8:00 a.m.

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(d)  The Senate shall not adjourn later than 11:00 p.m. each

2

session day unless the Senate adopts a motion that sets forth

3

the need to adjourn later than 11:00 p.m.

4

Motion for Previous Question

5

9.  Pending the consideration of any question before the

6

Senate, a Senator may call for the previous question, and if

7

seconded by four Senators, the President shall submit the

8

question: "Shall the main question now be put?" If a majority

9

vote is in favor of it, the main question shall be ordered, the

10

effect of which shall cut off all further amendments and debate,

11

and bring the Senate to a direct vote first upon the pending

12

amendments and motions, if there be any, then upon the main

13

proposition. The previous question may be ordered on any pending

14

amendment or motion before the Senate.

15

Motion to Lay on Table

16

10.  The motion to lay on the table is not debatable and the

17

effect of the adoption of this motion is to place on the table

18

the pending question and everything adhering to it. Questions

19

laid on the table remain there for the entire session unless

20

taken up before the session closes.

21

Motion to Take from Table

22

11.  A motion to take from the table, a bill or other

23

subject, is in order under the same order of business in which

24

the matter was tabled. It shall be decided without debate or

25

amendment.

26

Reconsideration

27

12.  When a question has once been made and carried in the

28

affirmative or negative, it shall be in order to move the

29

reconsideration thereof. When the Senate has been equally

30

divided on a question, or a bill shall have failed to pass, by

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reason of not having received the number of votes required by

2

the Constitution, it shall be in order to move the

3

reconsideration thereof.

4

Provided, however, that no motion for the reconsideration of

5

any vote shall be in order after a bill, resolution, report,

6

amendment or motion upon which the vote was taken shall have

7

gone out of the possession of the Senate.

8

Provided, further, that no motion for reconsideration shall

9

be in order unless made on the same day on which the vote was

10

taken, or within the next five days of actual session of the

11

Senate thereafter.

12

A motion to reconsider the same question a third time is not

13

in order. Identical bills cannot be considered at the same

14

session.

15

When a bill, resolution, report, amendment, order, or

16

message, upon which a vote has been taken, shall have gone out

17

of the possession of the Senate and been communicated to the

18

House of Representatives or to the Governor, the motion to

19

reconsider shall not be in order until a resolution has been

20

passed to request the House or Governor to return the same and

21

the same shall have been returned to the possession of the

22

Senate.

23

XIII BILLS

24

Passage of Bills

25

1.  (a)  No law shall be passed except by bill, and no bill

26

shall be so altered or amended, on its passage through either

27

House, as to change its original purpose. (Const. Art. 3, Sec.

28

1)

29

(b)  No alteration or amendment shall be considered which is

30

not appropriate and closely allied to the original purpose of

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the bill. If a bill has been amended after being reported by the

2

Appropriations Committee and if the amendment may require the

3

expenditure of Commonwealth funds or funds of a political

4

subdivision or cause a loss of revenue to the Commonwealth or a

5

political subdivision, the bill may not be voted on final

6

passage until a fiscal note reflecting the impact of the

7

amendment has been attached.

8

Reference and Printing

9

2.  No bill shall be considered unless referred to a

10

committee, printed for the use of the members and returned

11

therefrom. (Const. Art. 3, Sec. 2)

12

Form of Bills

13

3.  No bill shall be passed containing more than one subject,

14

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

15

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

16

part thereof. (Const. Art. 3, Sec. 3)

17

Consideration of Bills

18

4.  Every bill shall be considered on three different days in

19

each House. All amendments made thereto shall be printed for the

20

use of the members before the final vote is taken on the bill

21

and before the final vote is taken, upon written request

22

addressed to the presiding officer of either House by at least

23

twenty-five per cent of the Members elected to that House, any

24

bill shall be read at length in that House. No bill shall become

25

a law, unless on its final passage the vote is taken by yeas and

26

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

27

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

28

each House is recorded thereon as voting in its favor. (Const.

29

Art. 3, Sec. 4)

30

Local and Special Bills

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1

5.  No local or special bill shall be passed unless notice of

2

the intention to apply therefor shall have been published in the

3

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

4

situated, which notice shall be at least thirty days prior to

5

the introduction into the General Assembly of such bill and in

6

the manner to be provided by law; the evidence of such notice

7

having been published, shall be exhibited in the General

8

Assembly, before such act shall be passed. (Const. Art. 3, Sec.

9

7)

10

Revenue Bills

11

6.  All bills for raising revenue shall originate in the

12

House of Representatives, but the Senate may propose amendments

13

as in other bills. (Const. Art. 3, Sec. 10)

14

Appropriation Bills

15

7. (a)  The general appropriation bill shall embrace nothing

16

but appropriations for the executive, legislative and judicial

17

departments of the Commonwealth, for the public debt and for

18

public schools. All other appropriations shall be made by

19

separate bills, each embracing but one subject. (Const. Art. 3,

20

Sec. 11)

21

(b)  No appropriation shall be made for charitable,

22

educational or benevolent purposes to any person or community

23

nor to any denomination and sectarian institution, corporation

24

or association: Provided, That appropriations may be made for

25

pensions or gratuities for military service and to blind persons

26

twenty-one years of age and upwards and for assistance to

27

mothers having dependent children and to aged persons without

28

adequate means of support and in the form of scholarship grants

29

or loans for higher educational purposes to residents of the

30

Commonwealth enrolled in institutions of higher learning except

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that no scholarship, grants or loans for higher educational

2

purposes shall be given to persons enrolled in a theological

3

seminary or school of theology. (Const. Art. 3, Sec. 29)

4

Charitable and Educational Appropriations

5

8.  No appropriation shall be made to any charitable or

6

educational institution not under the absolute control of the

7

Commonwealth, other than normal schools established by law for

8

the professional training of teachers for the public schools of

9

the State, except by a vote of two-thirds of all the members

10

elected to each House. (Const. Art. 3, Sec. 30)

11

Land Transfer Legislation

12

8.1.  No bills granting or conveying Commonwealth land or

13

taking title thereto shall be reported by any committee of the

14

Senate unless there has been filed with the Secretary-

15

Parliamentarian and the Chairman of the Reporting Committee, a

16

memorandum from the Department of General Services indicating

17

the use to which the property is presently employed, the full

18

consideration for the transfer, if any, a departmental appraisal

19

of the property, including its valuation and a list of recorded

20

liens and encumbrances, if any, the use to which the property

21

will be employed upon its transfer, the date by which the land

22

is needed for its new use, and the senatorial district or

23

districts in which the land is located. The memorandum shall be

24

filed within 60 days after a request is made for same and

25

contain a statement by a responsible person in the Department of

26

General Services indicating whether or not the departments

27

involved favor the transfer which is the subject of the bill

28

under consideration.

29

Consideration - Second Regular Session

30

9.  All bills, joint resolutions, resolutions, concurrent

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1

resolutions, or other matters pending before the Senate upon the

2

adjournment sine die of a first regular session convening in an

3

odd-numbered year shall maintain their status and be pending

4

before a second regular session convening in an even-numbered

5

year but not beyond adjournment sine die or November 30th of

6

such year, whichever first occurs.

7

Introduction

8

10.  All bills shall be introduced in quintuplicate. A

9

sponsor may be added after a bill has been printed but the

10

addition of sponsors shall not require that the bill be

11

reprinted. All bills shall be examined by the Legislative

12

Reference Bureau for correctness as to form and shall be

13

imprinted with the stamp of the Bureau before being accepted by

14

the President for introduction.

15

Character of Bills in Place - Et cetera

16

11.  No Member shall read in place, nor shall any committee

17

report any bill for the action of the Senate, proposing to

18

legislate upon any of the subjects prohibited by Article III,

19

section 32 of the Constitution; nor shall any bill be read in

20

place or reported from a committee, reviving, amending,

21

extending or conferring the provisions of any law, by reference

22

to its title only, but so much of the law as is revived,

23

amended, extended or conferred shall be reenacted and published

24

at length by such bill.

25

Reference to Committee by President Pro Tempore

26

12.  Every bill and joint resolution which may be introduced

27

by a Senator or which may be received from the House of

28

Representatives, shall, after being presented to the Chair, be

29

referred by the President Pro Tempore to the appropriate

30

committee, but not later than the succeeding legislative day.

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1

Printing of Amended Bills

2

13.  All bills reported or re-reported from committee, if

3

amended by the committee, and all bills on the Calendar, if

4

amended by the Senate, shall be reprinted and a new printer's

5

number assigned thereto before any action is taken thereon.

6

Any bill or resolution re-reported from committee as amended

7

shall not be finally considered until it has appeared on the

8

Senate Calendar for two legislative days. Such bills shall

9

appear under a separate heading on the Senate Calendar.

10

First Consideration

11

14.  Bills on first consideration shall not be subject to

12

amendment, debate or a vote thereon.

13

Second Consideration

14

15.  Bills on second consideration shall be subject to

15

amendment, debate and a vote thereon.

16

Third Consideration and Final Passage

17

16. (a)  Bills on third consideration may be amended and are

18

subject to debate. Bills on final passage may not be amended but

19

are open to debate. The vote on final passage shall be taken by

20

a roll call and the names of the Senators voting for and against

21

recorded and entered in the Journal. No bill shall be declared

22

passed unless a majority of all Senators elected to the Senate

23

shall be recorded as voting for the same.

24

(b)  No bill which may require an expenditure of Commonwealth

25

funds or funds of any political subdivision or cause a loss of

26

revenue to the Commonwealth or any political subdivision shall

27

be given third consideration on the Calendar until it has been

28

referred to the Appropriations Committee and a fiscal note

29

attached thereto.

30

(c)  In obtaining the information required by these Rules,

- 19 -

 


1

the Appropriations Committee may utilize the services of the

2

Budget Office and any other State agency as may be necessary.

3

17.  (a)  It shall not be in order, by suspension of this

4

Rule or otherwise, to consider a bill on final passage unless it

5

is printed, together with amendments, if any, and placed on the

6

desks of the Senators.

7

(b)  No bill amended on third consideration may be voted on

8

final passage until at least six hours have elapsed from the

9

time of adoption of the amendment.

10

Appropriation Bills for Charitable Purposes

11

18.  No bills appropriating money for charitable or

12

benevolent purposes shall be considered finally until after the

13

general appropriation bill shall have been reported from

14

committee.

15

Pre-Filing

16

19.  Senators may, on days when the Senate is not in session

17

or in the period between sine die adjournment of a First Regular

18

Session and the convening of a Second Regular Session, introduce

19

bills, joint resolutions and resolutions by filing the same with

20

the Secretary-Parliamentarian of the Senate. The Secretary-

21

Parliamentarian of the Senate shall notify the President Pro

22

Tempore of the fact of such filing. The President Pro Tempore

23

shall refer the bills, joint resolutions and resolutions to the

24

appropriate committees as soon as possible but not later than

25

two weeks from the time of notification of filing. Upon

26

referral, the Secretary-Parliamentarian of the Senate shall

27

deliver said bills, joint resolutions and resolutions to the

28

committees to which they have been referred. The Secretary-

29

Parliamentarian of the Senate shall have the bills, joint

30

resolutions and resolutions printed for distribution and

- 20 -

 


1

notification of such filing shall be given to the Members and

2

news media in the usual manner.

3

20.  Any Member of the Senate or Member-elect of the Senate

4

may file bills with the Secretary-Parliamentarian of the Senate

5

commencing on December 15 of each even-numbered year. The

6

Secretary-Parliamentarian of the Senate shall number the bills

7

in the order received; print and distribute such measures; and,

8

in the usual manner, give notification of such filing to the

9

Members and news media.

10

21.  Upon the naming of the committees of the Senate at the

11

convening of a First Regular Session, the President Pro Tempore

12

shall refer all pre-filed measures to the proper committee,

13

announcing the number, sponsors and committee referred to the

14

Senate.

15

XIV AMENDMENTS

16

When in Order

17

1.  Amendments shall be in order when a bill is reported or

18

re-reported from committee, on second consideration and on third

19

consideration. No amendments shall be received by the presiding

20

officer or considered by the Senate which destroys the general

21

sense of the original bill, or is not appropriate and closely

22

allied to the original purpose of the bill. Any Member, upon

23

request, must be furnished a copy of a proposed amendment and be

24

given a reasonable opportunity to consider same before being

25

required to vote thereon.

26

2.  Amendments offered on the floor shall be read by the

27

clerk and stated by the presiding officer to the Senate before

28

being acted upon. Amendments shall be presented in ten

29

typewritten copies, the original of which shall be signed by the

30

Sponsor. No amendment may be considered by the Senate until the

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1

Secretary-Parliamentarian of the Senate has posted the amendment

2

on the Internet website maintained by the Senate.

3

3.  Amendments to bills or other main motions or questions

4

before the Senate may be tabled. When an amendment proposed to

5

any bill or other main motion or question before the Senate is

6

laid on the table, it shall not carry with it or prejudice the

7

bill, main motion or question. A motion to remove an amendment

8

from the table shall only be in order if the bill or other main

9

motion or question remains before the Senate for decision. The

10

motion to remove an amendment from the table is not debatable

11

and shall have the same precedence as the motion to amend.

12

Amendments Reconsidering-Revert to Prior Print

13

4.  Amendments adopted or defeated may not be again

14

considered without reconsidering the vote by which said

15

amendments were adopted or defeated, unless a majority vote of

16

the Senators present shall decide to revert to a prior printer's

17

number. If such a motion is made to a bill on third

18

consideration and carried it shall not be in order to vote on

19

the final passage of said bill until a copy of the reverted

20

printer's number is placed on the Senators' desks.

21

Concurrence in House Amendments

22

5.  (a)  No amendments to bills by the House shall be

23

concurred in by the Senate, except by the vote of a majority of

24

the Members elected to the Senate, taken by yeas and nays.

25

(Const. Art. 3, Sec. 5)

26

(b)  If a bill on concurrence contains an amendment which may

27

require the expenditure of Commonwealth funds or funds of a

28

political subdivision or cause a loss of revenue to the

29

Commonwealth or a political subdivision, the bill may not be

30

voted finally until a fiscal note reflecting the impact of the

- 22 -

 


1

amendment has been attached.

2

(c)  No bill on concurrence may be voted finally until at

3

least six hours have elapsed from the time of adoption of the

4

amendment.

5

6.  (a)  Any bill or resolution containing House amendments

6

which is returned to the Senate shall be referred to the

7

Committee on Rules and Executive Nominations immediately upon

8

the reading of the message by the clerk. The consideration of

9

any bill or resolution containing House amendments may include

10

the amendment of House amendments by the Committee on Rules and

11

Executive Nominations. The vote on concurring in amendments by

12

the House to bills or resolutions amended by the House shall not

13

be taken until said bills or resolutions have been favorably

14

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

15

and Executive Nominations and have been placed on the desks of

16

the Senators and particularly referred to on their calendars.

17

(b)  Unless the Majority Leader and the Minority Leader shall

18

agree otherwise, the offering of an amendment to House

19

amendments in the Committee on Rules and Executive Nominations

20

shall not be in order until at least one hour after the filing

21

of a copy of the amendment as prepared by the Legislative

22

Reference Bureau with the office of the Secretary-

23

Parliamentarian. Upon the filing of such an amendment, the

24

Secretary-Parliamentarian shall immediately time stamp the

25

amendment and forthwith forward a time-stamped copy of the

26

amendment to the offices of the Majority Leader and the Minority

27

Leader. Except as provided in this subsection, it shall not be

28

in order to suspend or otherwise waive the requirements of this

29

subsection.

30

XV COMMITTEES

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1

1.  There shall be the following permanent Standing

2

committees, the Chairmen, the Vice-Chairmen and members thereof

3

to be appointed by the President Pro Tempore as soon as possible

4

after his election in sessions convening in odd-numbered years

5

or such other times as may be necessary. The composition of each

6

Standing Committee shall reasonably reflect the party

7

composition of the Senate membership.

8

Aging and Youth -- 10 members

9

Agriculture and Rural Affairs -- 10 members

10

Appropriations -- 23 members

11

Banking and Insurance -- 13 members

12

Communications and Technology -- 10 members

13

Community, Economic and Recreational Development -- 13

14

members

15

Consumer Protection and Professional Licensure -- 13 members

16

Education -- 10 members

17

Environmental Resources and Energy -- 10 members

18

Finance -- 10 members

19

Game and Fisheries -- 10 members

20

Judiciary -- 13 members

21

Labor and Industry -- 10 members

22

Law and Justice -- 10 members

23

Local Government -- 10 members

24

Public Health and Welfare -- 10 members

25

Rules and Executive Nominations -- 16 members

26

State Government -- 10 members

27

Transportation -- 13 members

28

Urban Affairs and Housing -- 10 members

29

Veterans' Affairs and Emergency Preparedness -- 10 members

30

Members-ex-officio

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1

2.  (a)  The President Pro Tempore shall be an ex-officio

2

voting Member of all standing committees and subcommittees and

3

not included in the number of committee members herein provided

4

except that the President Pro Tempore shall not be an ex-officio

5

Member of the Committee on Ethics and Official Conduct.

6

(b)  The Majority Leader and the Minority Leader shall each

7

be an ex-officio member of the Committee on Appropriations and

8

shall not be included in the number of members of the committee

9

provided herein.

10

Committees' Function Between Sessions

11

3.  Permanent standing committees shall exist and function

12

both during and between sessions. Such power shall not extend

13

beyond November 30th of any even-numbered year.

14

Subcommittees

15

4.  Each standing committee or the chairman thereof may

16

appoint, from time to time, a subcommittee to study or

17

investigate a matter falling within the jurisdiction of the

18

standing committee or to consider a bill or resolution referred

19

to it. Subcommittees shall be regulated by the Senate Rules of

20

Procedure and shall be in existence for only that time necessary

21

to complete their assignments and report to their standing

22

committees. Their reports, whether favorable or unfavorable,

23

shall be considered by the standing committee.

24

Powers and Responsibilities

25

5.   Permanent standing committees are authorized:

26

(a)  To maintain a continuous review of the work of the

27

Commonwealth agencies concerned with their subject areas and the

28

performance of the functions of government within each such

29

subject area, and for this purpose to request reports from time

30

to time, in such form as the standing committee or select

- 25 -

 


1

subcommittee shall designate, concerning the operation of any

2

Commonwealth agency and presenting any proposal or

3

recommendation such agency may have with regard to existing laws

4

or proposed legislation in its subject area. The standing

5

committee or subcommittee is authorized to require public

6

officials and employees and private individuals to appear before

7

the standing committee or subcommittee for the purpose of

8

submitting information to it.

9

(b)  In order to carry out its duties, each standing

10

committee or subcommittee is empowered with the right and

11

authority to inspect and investigate the books, records, papers,

12

documents, data, operation, and physical plant of any public

13

agency in this Commonwealth.

14

(c)  In order to carry out its duties, each standing

15

committee or subcommittee may issue subpoenas duces tecum and

16

other necessary process to compel the attendance of witnesses

17

and the production of any books, letters or other documentary

18

evidence desired by such committee. The chairman may administer

19

oaths and affirmations in the manner prescribed by law to

20

witnesses who shall appear before such committee for the purpose

21

of testifying in any matter about which such committee may

22

desire evidence.

23

Notice of Meetings

24

6.  (a)  The chairman of a committee or subcommittee, or, in

25

the absence of the chairman, the vice-chairman with the approval

26

of the chairman, shall provide each Member of the committee with

27

written notice of committee meetings, which shall include the

28

date, time and place of the meeting and the number of each bill

29

which may be considered. During session notice of meetings of

30

standing committees may be published in the daily Calendar. If

- 26 -

 


1

notice of publication in the daily Calendar of standing

2

committee or subcommittee meetings has been ordered by a

3

committee chairman such information shall be delivered to the

4

Secretary-Parliamentarian's office in writing by the end of the

5

session on the day preceding its intended publication.

6

(b)  Whenever the chairman of any standing committee shall

7

refuse to call a regular meeting, then a majority plus one of

8

its members of the standing committee may vote to call a meeting

9

by giving two days' written notice to the Secretary-

10

Parliamentarian of the Senate, setting the time and place for

11

such meeting. Such notice shall be read in the Senate and the

12

same posted by the Secretary-Parliamentarian in the Senate.

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

(c)  When the majority plus one of the members of a standing

18

committee believe that a certain bill or resolution in the

19

possession of the standing committee should be considered and

20

acted upon by such committee, they may request the chairman to

21

include the same as part of the business of a committee meeting.

22

Upon failure of the chairman to comply with such request, the

23

membership may require that such bill be considered by written

24

motion made and approved by a majority plus one vote of the

25

entire membership to which such committee is entitled.

26

7.  A committee meeting, or hearing for which notice has not

27

been published in the daily Calendar of standing committee or

28

subcommittee meetings as provided in section 6(a), may be held

29

during a session only if approval is granted by the Majority and

30

Minority Leaders and if notice of the bills to be considered is

- 27 -

 


1

given during session.

2

8.  Before any standing committee or subcommittee of the

3

Senate holds a meeting while the Legislature is in recess, a

4

notice of said meeting, stating date, time and place, shall be

5

filed with the Secretary of the Senate at least seven days prior

6

thereto.

7

Bills Recommitted

8

9.  Any bill or resolution reported by any standing committee

9

without prior notice having been given as required by these

10

Rules shall be recommitted to the committee reporting the same.

11

Public Meetings or Hearings

12

10.  (a)  The chairman of a standing committee may hold

13

hearings open to the public and in doing so shall make public

14

announcement of the date, the place, and the subject matter of

15

the hearing in ample time to permit participation by the public.

16

All subcommittees may hold public hearings with the permission

17

of the parent standing committee.

18

(b)  The chairman of a standing committee shall have the

19

power to designate whether or not a meeting of the committee for

20

the purpose of transacting committee business shall be open to

21

the public or shall be held in executive session and therefore

22

closed to the public, but no matters may be considered in

23

executive session for which an open meeting is required under 65

24

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

25

11.  All permanent standing committees, and with permission

26

of the parent committee, subcommittees, may have their hearings

27

reported and transcribed if payment for such service is being

28

made from committee funds. The chairman shall contact the

29

Secretary-Parliamentarian to make arrangements for such

30

reporting and transcribing. However, if payment is expected to

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1

be made from a source other than committee funds, approval must

2

be first obtained from the President Pro Tempore. The President

3

Pro Tempore shall notify the Secretary-Parliamentarian of the

4

Senate if permission is granted.

5

Subcommittee Reports

6

12.  It shall be the duty of a subcommittee to report all

7

measures referred to it directly to the parent standing

8

committee. The subcommittee shall report all measures either (a)

9

favorably, (b) favorably with amendments, or (c) unfavorably.

10

13.  Such reports shall also reflect (a) the time and place

11

of the meeting at which the action was taken, (b) the name and

12

address of each person (if any) addressing the committee

13

relative to each measure and the interest represented (proponent

14

or opponent), and (c) the vote of each member of the

15

subcommittee on the motion to report each measure.

16

14.  A subcommittee may not report a bill directly to the

17

Senate but must report it back to the parent committee, which in

18

turn shall be authorized to report to the Senate if it is so

19

ordered.

20

15.  When a bill with a favorable report by a subcommittee is

21

considered by the parent committee, no additional testimony of

22

witnesses shall be permitted except upon vote of a majority of

23

members of the parent committee as provided by these Rules.

24

Quorum of Committee

25

16.  A committee or subcommittee is actually assembled only

26

when a quorum constituting a majority of the members of that

27

committee is present in person. A majority of the quorum of the

28

whole committee shall be required to report any measure to the

29

floor for action by the whole Senate. Any measure reported in

30

violation of this Rule shall be immediately recommitted by the

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1

President when it is called to the President's attention by a

2

Senator.

3

Discharging Committees

4

17.  (a)  No committee shall be discharged from consideration

5

of any measure within ten legislative days of its reference

6

without unanimous consent of the Senate or after such ten-day

7

period except by majority vote of all Members elected to the

8

Senate.

9

(b)  Such discharge shall be by resolution which shall lie

10

over one day for consideration upon introduction and which shall

11

be considered under the Order of Business of Resolutions.

12

XVI COMMITTEE OFFICERS

13

Chairman - Ex-officio

14

1.  The Chairman of each standing committee shall be ex-

15

officio a member of each subcommittee which is part of the

16

standing committee with the right to attend meetings of such

17

subcommittees and vote on any matter before such subcommittees.

18

Calling Committee to Order

19

2.  The Chairman, or, if absent, the Vice-Chairman shall call

20

the committee to order at the hour provided by these Rules. Upon

21

the appearance of a quorum, the committee shall proceed with the

22

order of business. Any member of the committee may question the

23

existence of a quorum.

24

The Chairman Control of the Committee Room

25

3.  The Chairman or, if the Chairman is absent, the Vice-

26

Chairman shall preserve order and decorum and shall have general

27

control of the committee room. In case of a disturbance or

28

disorderly conduct in the committee room, the Chairman or, if

29

the Chairman is absent, the Vice-Chairman may cause the same to

30

be cleared. The use of any cellular telephones or other

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1

disruptive devices within any Senate committee room by other

2

than members of the Senate or their staffs is strictly

3

prohibited.

4

Chairman's Authority to Sign Notices, etc.

5

Decide Questions of Order

6

4.  The Chairman shall sign all notices, vouchers, subpoenas

7

or reports required or permitted by these Rules. The Chairman

8

shall decide all questions of order relative to parliamentary

9

procedure, subject to an appeal by any Senator to the committee.

10

Vote of Chairman, Vice-Chairman

11

5.  The Chairman and Vice-Chairman shall vote on all matters

12

before such committee provided that the name of the Chairman

13

shall be called last.

14

Temporary Designation of Alternate to Chairman

15

6.  The Chairman may name any member of the committee to

16

perform the duties of the Chair provided that such substitution

17

shall not extend beyond such meeting. In the Chairman's absence

18

and omission to make such designation, the Vice-Chairman shall

19

act during that absence.

20

Performance of Duties by Vice-Chairman

21

7.  Upon the death of the Chairman, the Vice-Chairman shall

22

perform the duties of the office until and unless the President

23

Pro Tempore shall appoint a successor. Upon and during

24

disability, or incapacity of the Chairman, the Vice-Chairman

25

shall perform the Chairman's duties.

26

Chairman's Duty to Report

27

8.  The Chairman shall report any bill to the floor of the

28

Senate within four legislative days of the committee's vote to

29

report it.

30

XVII COMMITTEE MEMBERS

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1

Members, Attendance, Voting

2

1.  Every member of a committee shall be in attendance during

3

each of its meetings, unless excused or necessarily prevented

4

and shall vote on each question, except that no member of a

5

committee shall be required or permitted to vote on any

6

questions immediately concerning that member's private rights as

7

distinct from the public interest.

8

2.  The Chairman may excuse any Senator for just cause from

9

attendance during the meetings of the committee for any stated

10

period, and such excused absence shall be noted on the records

11

of such committee.

12

3.  Any member of a committee who is otherwise engaged in

13

legislative duties may have the member's vote recorded on

14

measures pending before the committee by communicating in

15

writing to the chairman: (a) the nature of the legislative

16

duties that prohibits the member's attendance and; (b) the

17

manner in which the member desires to be voted on such measures

18

pending before the committee.

19

XVIII COMMITTEE VOTING

20

Taking the Vote

21

1.  The Chairman shall declare all votes and said votes and

22

the results thereof shall be open to the public. In all cases

23

where the committee shall be equally divided, the question shall

24

be lost.

25

2.  A vote in a standing committee to report a bill or

26

resolution or a vote regarding an executive nomination shall be

27

posted on the Internet website maintained by the Senate within

28

24 hours.

29

XIX MOTIONS IN COMMITTEES

30

1.  All motions made in committee shall be governed and take

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1

the same precedence as those set forth in these Rules.

2

XX CONFERENCE COMMITTEES

3

1.  The President Pro Tempore shall appoint three Senators to

4

comprise a Committee of Conference. Two shall be from the

5

majority party and one from the minority party.

6

2.  The deliberations of the committee shall be confined to

7

the subject of difference between the two Houses, unless both

8

Houses shall direct a free conference, and if their authority

9

has been exceeded it shall be the duty of the presiding officer

10

to call it to the attention of the Senate, which shall then

11

decide the question by a majority vote of those present.

12

Report of Conference Committee

13

3.  (a)  The report of a Committee of Conference shall be

14

prepared in triplicate by the Legislative Reference Bureau and

15

shall be signed by the members or a majority of the members of

16

the committee. Every report of a committee of conference shall

17

be printed together with the bill as amended by the committee,

18

placed on the desks of the Senators and particularly referred to

19

on their calendars before action shall be taken on such report.

20

No report of a Committee of Conference may be adopted by the

21

Senate until at least six hours have elapsed from the time of

22

adoption of the report by the Committee of Conference.

23

(b)  A report of a Committee of Conference which requires the

24

expenditure of Commonwealth funds or funds of a political

25

subdivision or causes a loss of revenue to the Commonwealth or a

26

political subdivision shall have a fiscal note attached before

27

the report is voted finally.

28

Report of Conference Committee - Adoption

29

4.  Reports of committees of conference shall be adopted only

30

by the vote of a majority of the Members elected to the Senate,

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1

taken by yeas and nays. (Const. Art. 3, Sec. 5)

2

XXI VOTING

3

Must be Present and Vote

4

1.  (a)  Except as may be otherwise provided by this Rule, no

5

Senator shall be permitted to vote on any question unless the

6

Senator is present in the Senate Chamber at the time the roll is

7

being called, or prior to the announcement of the vote.

8

Harrisburg Assignment

9

(b)  A Senator who is performing a legislative assignment in

10

the Harrisburg area (as defined in the Financial Operating Rules

11

of the Senate) on behalf of the body of the Senate and to which

12

the Senator was duly appointed by the Senate or the appropriate

13

officer thereof may be voted by the Senator's respective floor

14

leader. A specific reason must be given by the Senator and it

15

must be announced by the respective floor leader.

16

Legislative Leave

17

(c)  A Senator who is performing a legislative assignment

18

outside of the Harrisburg area on behalf of the body of the

19

Senate and to which the Senator was duly appointed by the Senate

20

or the appropriate officer thereof may be voted by the Senator's

21

respective floor leader. A specific reason for the legislative

22

leave must be given in writing by the Senator and it must be

23

announced by the respective floor leader.

24

Personal or Private Interest

25

2.  Senators who have a personal or private interest in any

26

measure or bill proposed or pending before the Senate shall

27

disclose the fact to the Senate, and shall not vote thereon.

28

Senators Must be Present

29

3.  Every Senator shall be present within the Senate Chamber

30

during the sessions of the Senate, unless a Senator is on duty

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1

with a reserve component of the armed forces of the United

2

States or the Pennsylvania National Guard or Air National Guard

3

or is duly excused or necessarily prevented, and shall be

4

recorded as voting on each question stated from the Chair which

5

requires a roll call vote unless the Senator is on duty with a

6

reserve component of the armed forces of the United States or

7

the Pennsylvania National Guard or Air National Guard or is duly

8

excused by the Senate. The refusal of any Senator to vote as

9

provided by this section shall be deemed a contempt unless the

10

Senator be excused by the Senate or unless the Senator has a

11

direct personal or pecuniary interest in connection with the

12

pending question.

13

Excused from Voting

14

4.  A Senator desiring to be excused from voting shall, when

15

the Senator's name is called, make a brief statement of the

16

reasons for making such request, and the question on excusing

17

the Senator shall then be decided by the Chair without debate.

18

Changing Vote

19

5.  No Senator may vote or change a vote after the result is

20

announced by the Chair. Before the announcement of the final

21

result, however, a Senator may change a vote, or may vote, if

22

previously absent from the Chamber. Should a Senator be

23

erroneously recorded on any vote, the Senator may at any time,

24

with the permission of the Senate, make a statement to that

25

effect which shall be entered in the Journal. Similarly, should

26

the Senator be absent when a vote is taken on any question, the

27

Senator may later, with the permission of the Senate, make a

28

statement for entry upon the Journal, indicating how the Senator

29

would have voted had the Senator been present when the roll was

30

taken and the reasons therefor shall be submitted in writing or

- 35 -

 


1

delivered orally not to exceed five minutes.

2

Persons Allowed at Desk During Roll Call

3

6.  No Senator or other person, except the majority or

4

minority leader or other persons designated by them, shall be

5

permitted at the Reading Clerk's desk during the recording,

6

counting or verification of a roll call vote.

7

Two-Thirds Vote

8

7.  When bills or other matters which require a two-thirds

9

vote are under consideration, the concurrence of two-thirds of

10

all the Senators elected shall not be requisite to decide any

11

question or amendment short of the final question and on any

12

question short of the final one, a majority of Senators voting

13

shall be sufficient to pass the same.

14

Majority Vote Defined

15

8.  A majority of the Senators elected shall mean a majority

16

of the Senators elected, living, sworn and seated.

17

Majority Vote

18

9.  When bills or other matters which require a vote of the

19

majority of Senators elected are under consideration, the

20

concurrence of a majority of all the Senators elected shall not

21

be requisite to decide any question or amendment short of the

22

final question; and, on any question short of a final one, a

23

majority of Senators voting shall be sufficient to pass the

24

same.

25

Announcement of Vote

26

10.  Upon completion of a roll call vote or a voice vote the

27

result shall be announced immediately unless the majority or

28

minority leader requests a delay.

29

Explanation of Vote

30

11.  Any Senator may, with the consent of the Senate, make an

- 36 -

 


1

explanation of a vote on any question and have the explanation

2

printed in the Journal.

3

Tie Vote

4

12.  In the case of a tie vote, the President of the Senate

5

may cast a vote to break such tie so long as by doing so it does

6

not violate any provisions of the Constitution of Pennsylvania.

7

In the event there is a tie vote on a question requiring a

8

constitutional majority, the question falls.

9

Verifying Vote

10

13.  Any Senator may demand a verification of a vote

11

immediately upon the completion of a roll call or after the

12

announcement of vote by the presiding officer. In verifying a

13

vote the Clerk shall first read the affirmative roll at which

14

time any additions or corrections shall be made. Upon the

15

completion and verification of the affirmative roll call, the

16

Clerk shall proceed with the reading of the negative roll at

17

which time any additions or corrections shall be made. Upon the

18

completion and verification of the negative roll call, the roll

19

call shall be declared verified. It shall not be in order for a

20

Senator to change a vote after the verified roll call is

21

announced. A demand for a verification shall not be in order

22

when all Senators vote one way. The demand for a verification of

23

a vote is not debatable.

24

Voice Vote

25

14.  Unless otherwise ordered or demanded, a voice vote may

26

be taken. Any Senator who doubts the accuracy of a voice vote

27

may demand a roll call vote. Such request must be made

28

immediately upon the announcement of the vote by the presiding

29

officer and shall not be in order after other business has

30

intervened. The demand for a verification of a voice vote shall

- 37 -

 


1

not be in order.

2

XXII CORRESPONDENTS

3

Admission to Press Gallery -

4

Committee on Correspondents

5

1.  Admission to and administration of the Press Galleries of

6

the Senate and House of Representatives shall be vested in a

7

Committee on Correspondents consisting of the President Pro

8

Tempore of the Senate, the Speaker of the House of

9

Representatives, or their designees; the Supervisor of the

10

Capitol Newsroom; the President of the Pennsylvania Legislative

11

Correspondents' Association, and the Executive Director of the

12

Pennsylvania Association of Broadcasters, or their designees.

13

Application to Press Gallery

14

2.  Persons desiring admission to the press sections of the

15

Senate and House of Representatives shall make application to

16

the Chairman of the Committee on Correspondents. Such

17

applications shall state the newspaper, press association or

18

licensed radio or television station, its location, times of

19

publication or hours of broadcasting, and be signed by the

20

applicant.

21

Committee to Verify Statement

22

3.  The Committee on Correspondents shall verify the

23

statements made in such application, and, if the application is

24

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

25

signed by the members of the committee.

26

Exclusive Use of Gallery

27

4.  The Gallery on the Senate floor assigned to newspaper

28

correspondents or recognized press association correspondents or

29

representatives of licensed radio and television stations,

30

systems or news-gathering agencies shall be for their exclusive

- 38 -

 


1

use and persons not holding correspondents cards shall not be

2

entitled to admission thereto. Representatives and employees of

3

State departments, boards, commissions and agencies, visitors

4

and members of the families of correspondents entitled to

5

admission to the press gallery shall, at no time, be permitted

6

to occupy seats or be entitled to the privilege of the press

7

gallery. Employees of the Senate may be permitted to occupy

8

seats and be entitled to the privilege of the press section of

9

the Senate Gallery when not in use by accredited press

10

representatives.

11

Photographs in Senate Chamber - Hearings

12

5.  Accredited media photographers may be authorized by the

13

President Pro Tempore to take still photographs in the Senate,

14

and by the Speaker of the House to take still photographs in the

15

House of Representatives. Applications to take still photographs

16

at public hearings of committees must be approved by the

17

Committee Chairman or Co-chairman conducting such hearing.

18

Photographs - Notice to be Given

19

6.  No still photographs shall be taken in the Senate or

20

House of Representatives during sessions, being at ease or

21

recessed, without prior notice to the Senators in the Senate or

22

the Representatives in the House of Representatives. When

23

possible, such notice shall be given at the beginning of the

24

session, at ease or recess, during which the still photographs

25

are scheduled to be taken.

26

Correspondents - Number Limited

27

7.  No more than one representative of each newspaper, press

28

association or licensed radio or television station, system or

29

news-gathering agency shall be admitted to the press gallery at

30

one time. Members of the Pennsylvania Legislative

- 39 -

 


1

Correspondents' Association and representatives of licensed

2

radio and television stations, systems or news-gathering

3

agencies, assigned to the Senate and/or House of Representatives

4

on a daily basis shall have permanent assigned seating in the

5

press gallery with identification plates. Visiting

6

representatives of daily newspapers, press associations, Sunday

7

newspapers as well as radio and television stations, systems or

8

news-gathering agencies shall coordinate seating accommodations

9

with the supervisor of the Capitol Newsroom.

10

Order and Decorum of Press

11

8.  Persons assigned to the press gallery on a permanent or

12

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

13

or causing any disturbance which tends to interrupt the

14

proceedings of the Senate or House of Representatives.

15

9.  Persons assigned to the press gallery on a permanent or

16

temporary basis shall not walk onto the floor of the Senate or

17

House of Representatives nor approach the rostrum or the clerks'

18

desks during session or while being at ease.

19

10.  Persons assigned to the press gallery on a permanent or

20

temporary basis wishing to confer with a Senator or

21

Representative shall disclose this fact by having a message

22

delivered by a Page to the Senator or Representative. Such

23

conversation shall be conducted off the floor of the Senate or

24

House of Representatives.

25

XXIII RADIO AND TELEVISION

26

1.  Filming, videotaping, televising or broadcasting of

27

Senate sessions shall be permitted as provided in policy

28

directives developed and recommended by the Committee on

29

Management Operations. The policy directives recommended by the

30

Committee on Management Operations shall be submitted to the

- 40 -

 


1

Senate and shall become effective upon the approval of a

2

resolution by the Senate by the vote of a majority of the

3

Senators elected. Filming, videotaping, televising or

4

broadcasting of Senate sessions shall be prohibited prior to the

5

adoption of the policy directives.

6

2.  Nothing in this Rule shall be construed to prohibit any

7

licensed radio station from broadcasting a session from the

8

Senate or any part thereof provided that the signal originates

9

from the Senate-operated sound system which transmits Senate

10

session activity to the offices in the Main Capitol and

11

environs.

12

XXIV RECORDS OF THE SENATE

13

1.  The records of the Senate may be inspected by the

14

Members, but no paper shall be withdrawn therefrom without the

15

consent of the Senate.

16

XXV WHO PRIVILEGED TO THE

17

FLOOR OF THE SENATE

18

1.  No person shall be admitted within the Senate Chamber

19

(galleries and press boxes excepted) during Senate sessions,

20

unless invited by an officer or the majority or minority

21

leaders. Such authorized staff shall be restricted to the area

22

immediate to the majority and minority leaders' desks and shall

23

be allowed to advise Members during debate only when such Member

24

is using the microphones at the leaders' desks.

25

Rear Entrance Closed During Session

26

2.  No person or persons shall, during a session, be

27

permitted to enter through the rear door of the Senate Chamber

28

nor be present in the rooms immediately to the rear of the

29

Senate Chamber except Senators, officers and employees expressly

30

authorized.

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1

Telephone Facilities

2

3.  No person or persons other than Senators or their staff

3

shall, at any time, be permitted to use the telephone facilities

4

in or adjacent to the Senate Chamber.

5

XXVI RULES

6

1.  These Rules shall be in full force and effect until

7

altered, changed, amended or repealed as provided herein.

8

Dispensing with Rules

9

2.  The consent of a majority of the Senators elected shall

10

be necessary to suspend any Rule.

11

Altering, Changing or Amending - Vote

12

3.  The consent of a majority of the Senators elected shall

13

be necessary to alter, change or amend these Rules.

14

Alterations, Changing or Amending - Resolution

15

4.  All alterations, changes or amendments to Senate Rules

16

shall be by resolution which shall not be considered unless

17

first referred to and reported from the Rules Committee.

18

XXVII MASON'S MANUAL OF LEGISLATIVE

19

PROCEDURE TO GOVERN SENATE

20

1.  The Rules of Parliamentary Practice comprised in Mason's

21

Manual of Legislative Procedure shall govern the Senate in all

22

cases to which they are applicable, and in which they are not

23

inconsistent with the Standing Rules, Prior Decisions and Orders

24

of the Senate.

25

XXVIII QUORUM

26

Majority Constitutes a Quorum

27

1.  A majority of Senators elected shall constitute a quorum,

28

but a smaller number may adjourn from day to day, and compel the

29

attendance of absent members. (Const. Art. 2, Sec. 10)

30

When Less than a Quorum is Present

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1

2.  When, upon a call, which may be demanded by not less than

2

four Senators, it is found that less than a quorum is present,

3

it shall be the duty of the President to order the doors of the

4

Senate to be closed, and to direct the clerk to call the roll of

5

the Senate and note the absentees after which the names of the

6

absentees shall be again called, and those for whose absence no

7

excuse, or an insufficient excuse is made, may by order of a

8

majority of the Senators present be sent for and taken into

9

custody by the Sergeant-at-Arms, or assistant sergeants-at-arms

10

appointed for the purpose, and brought before the bar of the

11

Senate, where, unless excused by a majority of the Senators

12

present, they shall be reproved by the President for neglect of

13

duty.

14

When Less than a Quorum Vote But Present

15

3.  When less than a quorum vote upon any subject under the

16

consideration of the Senate, not less than four Senators may

17

demand a call of the Senate, when it shall be the duty of the

18

President forthwith to order the doors of the Senate to be

19

closed and the roll of the Senators to be called. If it is

20

ascertained that a quorum is present, either by answering to

21

their names, or by their presence in the Senate, the President

22

shall again order the yeas and nays; and, if any Senator or

23

Senators present refuse to vote, the name or names of such

24

Senator or Senators shall be entered on the Journal as "Present

25

but not voting." Such refusal to vote shall be deemed a

26

contempt; and, unless purged, the President shall direct the

27

Sergeant-at-Arms to bring such Senator or Senators before the

28

bar of the Senate, where the Senator or Senators shall be

29

publicly reprimanded by the President.

30

XXIX EXECUTIVE NOMINATIONS

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1

Presentation and Reference

2

1.  All nominations by the Governor or the Attorney General

3

shall be submitted to the Secretary-Parliamentarian of the

4

Senate. All nominees shall file the financial statements

5

required pursuant to 65 Pa.C.S. Ch. 11 (relating to ethics

6

standards and financial disclosure) with the Secretary-

7

Parliamentarian of the Senate. Copies of the nominations and

8

financial statements shall be furnished by the Secretary-

9

Parliamentarian of the Senate to the Majority and Minority

10

Caucus Secretaries or their designees.

11

2.  Nominations shall, after being read, without a motion, be

12

referred by the presiding officer to the Committee on Rules and

13

Executive Nominations. After having been reported by the

14

committee, the final question on every nomination shall be:

15

"Will the Senate advise and consent to this nomination?"

16

3.  The Committee on Rules and Executive Nominations shall

17

refer nominations to appropriate standing committees of the

18

Senate, which shall hold public hearings for all nominees for

19

offices which have Statewide jurisdiction and to which salaries

20

are attached; scrutinize the qualifications of nominees and

21

report back their recommendations. Public hearings may be held

22

for nominees for any other office.

23

Information Concerning Nominations

24

4.  All information, communication or remarks made by a

25

Senator when acting upon nominations in committee, concerning

26

the character or qualifications of the person nominated, shall

27

be kept secret. If, however, charges shall be made against a

28

person nominated, the committee may, in its discretion, notify

29

such nominee thereof, but the name of the person making such

30

charges shall not be disclosed.

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1

Consideration

2

5.  When the consideration of executive nominations is

3

reached in the order of business, a Senator may make a motion to

4

go into executive session for the purpose of confirming the

5

nominations which have been reported from committee; and on the

6

motion being agreed to, such nomination or nominations shall be

7

considered the first order of the day until finally disposed of,

8

unless the same shall be postponed by a majority of the Senate;

9

but such business when once commenced shall not be postponed for

10

more than five days, except in case of an adjournment of the

11

Senate for a longer period.

12

Executive Session

13

6.  When in executive session, no message shall be received

14

from the Governor, unless it be relative to the nomination under

15

consideration, nor from the House of Representatives, nor shall

16

any other business be considered, except executive business, and

17

the executive session shall not adjourn pending the

18

consideration of the nomination until a time fixed by a majority

19

vote of those present for the next meeting of the executive

20

session to resume the consideration thereof.

21

Reconsideration

22

7.  When a nomination is confirmed or rejected by the Senate,

23

any Senator may move for a reconsideration on the same day on

24

which the vote was taken, or on either of the next two days of

25

actual session of the Senate; but if a notification of the

26

confirmation or rejection of a nomination shall have been sent

27

to the Governor before the expiration of the time within which a

28

motion to reconsider may be made, the motion to reconsider shall

29

be accompanied by a motion to request the Governor to return

30

such notification to the Senate. A motion to reconsider the vote

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1

on a nomination may be laid on the table without prejudice to

2

the nomination.

3

XXX RESOLUTIONS

4

Introduction

5

1.  All resolutions, Senate and concurrent, shall be

6

introduced by presenting ten copies thereof to the President.

7

Consideration

8

2.  The following resolutions, after they have been read,

9

shall be referred to an appropriate committee without debate

10

unless by unanimous consent the Senate shall otherwise direct

11

and, if favorably reported by the committee, shall lie over one

12

day for consideration, after which they may be called up as, of

13

course, under their appropriate order of business:

14

a.  All Senate and House concurrent resolutions, excepting

15

resolutions in reference to adjournments and those recalling

16

bills from the Governor, which shall be regarded as privileged.

17

b.  Resolutions containing calls for information from the

18

heads of departments, or to alter the Rules.

19

c.  Resolutions giving rise to debate, except such as relate

20

to the disposition of matters immediately before the Senate,

21

such as relate to the business of the day on which they were

22

offered and such as relate to adjournment or taking a recess.

23

Printing in Senate History

24

3.  Congratulatory and condolence resolutions shall be given

25

to the Secretary-Parliamentarian and shall be considered under

26

the order of unfinished business in the daily order of business.

27

4.  All resolutions shall be adopted by a majority vote of

28

the Senators present except as specifically provided for in this

29

Rule.

30

Joint Resolutions

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1

5.  Joint Resolutions shall be limited to constitutional

2

amendments and shall be adopted by a vote of a majority of the

3

Senators elected to the Senate;

4

A joint resolution when passed by both Houses shall not be

5

transmitted to the Governor for his approval or disapproval but

6

shall be filed in the Office of the Secretary of the

7

Commonwealth in accordance with Article XI, Section 1 of the

8

Constitution of Pennsylvania.

9

XXXI LOUNGING IN THE SENATE PROHIBITED

10

1.  The Secretary-Parliamentarian of the Senate shall cause

11

the doors of the Senate Chamber closed to all persons except

12

persons who are entitled under the Rule of the Senate; and the

13

Secretary-Parliamentarian shall call on any officer of the

14

Senate to aid him in enforcing this order; and on days when the

15

Senate is not in session the officers are hereby required to

16

strictly prohibit any lounging within the Senate Chamber by any

17

person not connected with the General Assembly, and that

18

henceforth no officer, nor any other person, be permitted to

19

occupy the seat of a Senator at any time; it shall be the duty

20

of the President to see that this Rule is enforced, and a

21

persistent disregard of it by any officer or employee shall be

22

cause of dismissal by the President.

23

XXXII VETO

24

Passing over Veto

25

1.  When any bill is not approved by the Governor, he shall

26

return it with his objection to the House in which such bill

27

originated. Thereupon such House shall enter the objections upon

28

their Journal and proceed to reconsider it. If after such

29

reconsideration, two-thirds of all the Members elected to that

30

House shall agree to pass the bill, it shall be sent with the

- 47 -

 


1

objections to the other House by which likewise it shall be

2

reconsidered, and, if approved by two-thirds of all the members

3

elected to that House, it shall become a law. (Const. Art. 4,

4

Sec. 15)

5

2.  A bill vetoed in a first regular session and not finally

6

acted upon may be brought up for consideration in a second

7

regular session.

8

XXXIII DIVISION OF A QUESTION

9

1.  Any Senator may call for a division of a question by the

10

Senate if the question includes points so distinct and separate

11

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

12

complete proposition. The motion to strike out and insert is

13

strictly one proposition, and, therefore indivisible.

14

XXXIV SENATE EXPENDITURES

15

1.  Counsel employed by a committee chairman or minority

16

chairman for the committee may not represent the committee

17

chairman or a member of the chairman's staff, or any member of

18

the committee or of a committee member's staff, in any private

19

legal proceeding while employed by the Senate. Nor may any

20

Senate funds be used to pay private legal counsel for any

21

Senator, officer or staff member.

22

XXXV COMMITTEE ON ETHICS AND OFFICIAL CONDUCT

23

1.  In addition to the committees created by Rule XV, there

24

shall be a Committee on Ethics and Official Conduct which shall

25

be composed of six members appointed by the President Pro

26

Tempore. Three members shall be of the Majority Party and three

27

members shall be of the Minority Party. The Minority Party

28

members will be appointed on the recommendation of the Minority

29

Leader.

30

2.  The President Pro Tempore shall appoint one of the

- 48 -

 


1

Majority Party members as Chairman and, on the recommendation of

2

the Minority Leader, one of the Minority Party members as Vice-

3

Chairman. A quorum for this committee shall be four members and

4

the committee shall have such duties, powers, procedure and

5

jurisdiction as are prescribed and authorized in this Rule.

6

3.  The committee shall receive complaints against members,

7

officers and employees of the Senate alleging illegal or

8

unethical conduct or violation of any statute, Rule or

9

regulation governing the use of money appropriated to the

10

Senate. Any such complaint must be in writing, verified by the

11

person filing the complaint and must set forth in detail the

12

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

13

Ethics" or the statute, Rule or regulation violated. The

14

committee shall make a preliminary investigation of the

15

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

16

committee that a violation may have occurred, the person against

17

whom the complaint has been brought shall be notified in writing

18

and given a copy of the complaint. Within ten days after receipt

19

of the complaint, such person may file a written answer thereto

20

with the committee. Upon receipt of the answer, by vote of a

21

majority of the committee, the committee shall either dismiss

22

the complaint within ten days or proceed with a formal

23

investigation, which may include hearings, not more than twenty

24

days after notice in writing to the persons so charged. Failure

25

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

26

be an admission or create an inference or presumption that the

27

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

28

prohibit a majority of the committee from either proceeding with

29

a formal investigation or dismissing the complaint.

30

4.  In addition to action on formal complaints as provided in

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1

section 3, a majority of the committee may initiate a

2

preliminary investigation of a suspected violation of the

3

"Legislative Code of Ethics" or a violation of any other

4

statute, Rule or regulation governing the use of money

5

appropriated to the Senate by a Member, officer or employee of

6

the Senate. If it is determined by a majority of the committee

7

that a violation may have occurred, the person in question shall

8

be notified in writing of the conduct in question and the

9

section of the "Legislative Code of Ethics" or other statute,

10

Rule or regulation violated. Within ten days, such person may

11

file a written answer thereto. Upon receipt of the answer, by

12

vote of a majority of the committee, the committee shall either

13

dismiss the charges within ten days or proceed with a formal

14

investigation which may include hearings, not more than twenty

15

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

16

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

17

be an admission or create an inference or presumption that the

18

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

19

prohibit a majority of the committee from either proceeding with

20

a formal investigation or dismissing the charge.

21

5.  The chairman shall notify all members of the committee at

22

least twenty-four hours in advance of the date, time and place

23

of a regular meeting. Whenever the chairman shall refuse to call

24

a regular meeting, a majority of the committee may call a

25

meeting by giving two days' written notice to the Majority and

26

Minority Leaders of the Senate setting forth the time and place

27

for such meeting. Thereafter, the meeting shall be held at the

28

time and place specified in such notice.

29

The committee shall conduct its investigations, hearings and

30

meetings relating to a specific investigation or a specific

- 50 -

 


1

Member, officer or employee of the Senate in closed session and

2

the fact that such investigation is being conducted or is to be

3

conducted or that hearings or such meetings are being held or

4

are to be held shall be confidential information unless the

5

person subject to investigation advises the committee in writing

6

that he elects that such meetings or hearings shall be held

7

publicly: Provided, however, That whenever the committee is

8

conducting an investigation of an employee of the Senate the

9

committee shall inform the Senator or officer supervising such

10

employee of the investigation. In the event of such an election,

11

the committee shall furnish such person a public meeting or

12

hearing. All other meetings of the committee shall be open to

13

the public and notice of such meetings shall be given as

14

generally provided in these Rules for the convening of

15

committees.

16

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

17

formal investigation of the conduct of any Member, officer or

18

employee of the Senate, the committee may employ independent

19

counsel.

20

All constitutional rights of any person under investigation

21

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

22

evidence, cross-examine witnesses, face the accuser, and be

23

represented by counsel.

24

The chairman may continue any hearing for reasonable cause,

25

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

26

request of the person subject to investigation, the chairman

27

shall issue subpoenas for the attendance and testimony of

28

witnesses and the production of documentary evidence relating to

29

any matter under formal investigation by the committee. The

30

committee may administer oaths or affirmations and examine and

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1

receive evidence.

2

6.  All testimony, documents, records, data, statements or

3

information received by the committee in the course of any

4

investigation shall be private and confidential except in the

5

case of public meetings or hearings or in a report to the

6

Senate. No report shall be made to the Senate unless a majority

7

of the committee has made a finding of unethical or illegal

8

conduct or violation of the statutes, Rules and regulations

9

relating to Senate funds on the part of the person under

10

investigation. No finding of unethical or illegal conduct or

11

violation of the statutes, Rules and regulations relating to

12

Senate funds shall be valid unless signed by at least a majority

13

of the committee. Any such report may include a minority report.

14

No action shall be taken on any finding of illegal or unethical

15

conduct or violation of the statutes, Rules or regulations

16

relating to Senate funds, nor shall such finding or report

17

containing such finding be made public, sooner than seven days

18

after a copy of the finding is sent by certified mail to the

19

Member, officer or employee under investigation.

20

7.  In the event the committee finds that a Member, officer,

21

or employee of the Senate has violated a statute, Rule or

22

regulation relating to use of Senate funds, the committee may

23

order such Member, officer, or employee to reimburse the Senate

24

for the funds wrongly expended and to take other remedial

25

action. If the Member, officer, or employee does reimburse the

26

Senate or take such other remedial action as may have been

27

required, no formal report shall be made to the Senate unless

28

the committee is requested in writing to file a formal report by

29

the Member, officer, or employee who is the subject of the

30

order. If the Member, officer, or employee fails to reimburse

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1

the Senate or take the required remedial action within seven

2

days of receipt of the order, the committee, unless it shall, by

3

majority vote thereof, extend such time for good cause, shall

4

within seven days file its formal report with the Senate along

5

with its recommendation of action by the Senate to secure

6

reimbursement, effect the recommended remedial action, or

7

initiate appropriate disciplinary action.

8

Any Member, officer, or employee of the Senate who is the

9

subject of an order of reimbursement or remedial action may

10

appeal the committee's order to the Senate within seven days of

11

receipt of the order by filing notice thereof with the

12

Secretary-Parliamentarian of the Senate, who shall cause such

13

notice to be distributed to the Members of the Senate along with

14

a copy of the report of the committee involving such Member,

15

officer, or employee.

16

Notice of the appeal shall be placed on the Senate Calendar

17

and shall be acted on by the Senate within ten legislative days.

18

A vote by a majority of the Members elected shall be necessary

19

to sustain an appeal or modify the committee report or order;

20

otherwise it shall become effective and the Members, officers,

21

and employees of the Senate shall take such action as is

22

necessary to secure compliance.

23

8.  The committee, whether or not at the request of a Member,

24

officer or employee concerned about an ethical problem or

25

question concerning the use of Senate funds relating to himself

26

alone or in conjunction with others may render advisory opinions

27

with regard to questions pertaining to legislative ethics,

28

decorum, or use of Senate funds. Such advisory opinions, with

29

such deletions and changes as shall be necessary to protect the

30

identity of the persons involved or seeking them, may be

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1

published and shall be distributed to all members, officers and

2

employees of the Senate. No order for reimbursement or remedial

3

action may be made when the Member, officer, or employee has

4

relied on a written advisory opinion, whether addressed to him

5

or not, which is reasonably construed as being applicable to the

6

complained of conduct.

7

9.  In the event that a member of the committee shall be

8

under investigation, said Member shall be temporarily replaced

9

on the committee in a like manner as said Member's original

10

appointment.

11

Any member of the committee breaching the confidentiality of

12

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

13

immediately from the committee and replaced by another Member of

14

the Senate appointed in a like manner as said Member's original

15

appointment.

16

10.  The committee may adopt rules of procedure for the

17

orderly conduct of its affairs, investigations, hearings and

18

meetings, which rules are not inconsistent with this Rule.

19

11.  The committee may meet with a committee of the House of

20

Representatives to hold investigations or hearings involving

21

employees of the two Houses jointly, or officers or employees of

22

the Legislative Reference Bureau, the Joint State Government

23

Commission, the Local Government Commission, the Joint

24

Legislative Air, Soil and Water Conservation and Control

25

Commission, the Legislative Budget and Finance Committee and the

26

Legislative Data Processing Committee: Provided, however, That

27

no action may be taken at a joint meeting unless it is approved

28

by a majority of each committee.

29

12.  The Legislative Audit Advisory Commission shall submit

30

copies of its reports to the committee which shall review them

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1

and proceed, where appropriate, as provided in section 7.

2

13.  Whenever the committee shall employ independent counsel

3

or shall incur other expenses pursuant to its duties under this

4

Rule, payment of costs of such independent counsel or other

5

expenses incurred by the committee pursuant to this Rule, shall

6

be paid by the Chief Clerk upon submission of vouchers and

7

necessary documentation which vouchers shall be signed by both

8

the chairman and vice-chairman of the committee. Included in

9

such allowable expense items shall be travel and per diem for

10

the members of the committee. The Chief Clerk shall pay such

11

expenses out of funds appropriated to the Chief Clerk for

12

incidental expenses.

13

XXXVI STATUS OF MEMBERS INDICTED OR CONVICTED

14

OF A CRIME

15

1.  When an indictment is returned against a Member of the

16

Senate, and the gravamen of the indictment is directly related

17

to the Member's conduct as a committee chairman, ranking

18

minority committee member or in a position of leadership, the

19

Member shall be relieved of such committee chairmanship, ranking

20

minority committee member status, or leadership position until

21

the indictment is disposed of, but the Member shall otherwise

22

continue to function as a Senator, including voting, and shall

23

continue to be paid.

24

2.  If, during the same legislative session, the indictment

25

is quashed, or the court finds that the Member is not guilty of

26

the offense alleged, the Member shall immediately be restored to

27

the committee chairmanship, ranking minority committee member

28

status, or leadership position retroactively from which he was

29

suspended.

30

3.  Upon a finding or verdict of guilt by a judge or jury,

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1

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

2

Member of the Senate of a crime, the gravamen of which relates

3

to the Member's conduct as a Senator, and upon imposition of

4

sentence, the Secretary-Parliamentarian of the Senate shall

5

prepare a resolution of expulsion under the sponsorship of the

6

Chairman and Vice-Chairman of the Senate Committee on Ethics and

7

Official Conduct. The resolution shall be printed and placed on

8

the Calendar for the next day of Senate session.

9

XXXVII STATUS OF OFFICERS OR EMPLOYEES INDICTED

10

OR CONVICTED OF A CRIME

11

1.  Whenever any officer or employee of the Senate is

12

indicted or otherwise charged before a court of record with the

13

commission of a felony or a misdemeanor the gravamen of which

14

relates to the officer's or employee's conduct or status as an

15

officer or employee of the Commonwealth or the disposition of

16

public funds, such employee shall immediately be suspended

17

without pay and benefits by the Chief Clerk. After a finding or

18

a verdict of guilt by a judge or a jury, plea or admission of

19

guilt, or plea of nolo contendere, and upon imposition of

20

sentence, the employment shall be terminated.

21

2.  If the indictment is quashed, or the court finds that the

22

officer or employee is not guilty of the offense alleged, the

23

suspension without pay shall be terminated, and the officer or

24

employee shall receive compensation for the period of time

25

during which the officer or employee was suspended which

26

compensation shall be reduced by the amount of any compensation

27

said officer or employee earned from other employment during the

28

period of suspension.

29

3.  If the officer or employee or the supervising Senator of

30

such employee disagrees with the decision of the Chief Clerk as

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1

to whether an indictment for particular conduct shall be a crime

2

requiring suspension or dismissal, the officer or employee in

3

question or the supervising Senator may appeal the suspension to

4

the Committee on Ethics and Official Conduct, which shall

5

determine whether the conduct charged is an offense requiring

6

suspension. Whenever an appeal of a suspension shall be taken to

7

the committee, the suspension shall remain effective pending a

8

decision by the committee.

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