Regular Session 2017-2018 House Resolution 0001 P.N. 0001

PRINTER'S NO. 1

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

Session of

2017

INTRODUCED BY REED, JANUARY 3, 2017

INTRODUCED, JANUARY 3, 2017

A RESOLUTION

Adopting permanent rules for the House of Representatives,

further providing for general appropriation bills and non-

preferred bills, for consideration of bills, for standing

committees and subcommittees, for organization of standing

committees and subcommittees, for powers and duties of

standing committees and subcommittees, for ethics committee,

for status of members indicted or convicted of a crime, for

investigations and for ethical rules definitions and conduct;

and providing for committee on ethics.

RESOLVED, That the Permanent Rules of the House of

Representatives (2015-2016) be adopted as the Permanent Rules of

the House of Representatives for the 2017-2018 session of the

House of Representatives with the following amendments to the

heading and to Rules 19(b), 21, 43, 44, 45, 47, 47(a), 51, 1E

and 2E and the addition of Rule 3E:

[2015-2016] 2017-2018

GENERAL OPERATING RULES

OF THE HOUSE OF REPRESENTATIVES

* * *

RULE 19 (b)

General Appropriation Bill and Non-Preferred Bills

This rule shall apply to all amendments offered to the

General Appropriation Bill for each proposed fiscal year

including any amendments offered to or for supplemental

appropriations to prior fiscal years contained within the

General Appropriation Bill, and shall also apply to all

amendments offered to any non-preferred appropriation bill for

the same fiscal year.

Any amendment offered on the floor of the House to the

General Appropriation Bill that proposes to increase spending of

State dollars for the Commonwealth's proposed fiscal year or

prior fiscal years above the levels contained in the General

Appropriation Bill as reported from the Appropriations Committee

plus any aggregate if certified each year by the Appropriations

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

the same amendment contains sufficient reductions in line items

of that General Appropriation Bill so that the amendment offered

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

contained within the General Appropriation Bill plus any

aggregate if certified by the Appropriations Committee.

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

preferred appropriation bill that proposes to increase spending

of State dollars for the [current] proposed fiscal year above

the levels contained in that non-preferred appropriation bill as

reported from the Appropriations Committee shall not be in order

and may not be considered unless the same amendment contains

sufficient reductions in that non-preferred appropriation bill

so that the amendment offered does not result in a net increase

in the total proposed spending contained within that non-

preferred appropriation bill.

Members shall be notified of the scheduled vote on the

General Appropriation Bill no later than 4:30 P.M. of the day

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that is nine days prior to the scheduled vote of the General

Appropriation Bill. In order to be considered, amendments to the

General Appropriation Bill must be submitted to the Office of

the Chief Clerk by 2:00 P.M. of the [Monday of the week] day

that is four days prior to the scheduled vote of the General

Appropriation Bill. The Appropriations Committee for special and

proper reason and by majority vote, may waive this deadline.

[Members shall be notified of the scheduled vote on the General

Appropriation Bill no later than 4:30 P.M. of the Wednesday

preceding the above noted Monday on which the amendments must be

filed to the Bill.] Rule 21 of the Rules of the House, insofar

as it applies to the filing deadline for amendments and notice

requirements for the voting schedule for the General

Appropriation Bill, shall not apply to this rule. Rule 21 shall,

however, apply to the non-preferred appropriation bills.

If the amendment cannot be submitted in accordance with the

provision of the previous paragraph because it is still being

prepared by the Legislative Reference Bureau, the member must,

by 2:00 P.M. on the [Monday of the week] day that is four days

prior to the scheduled vote, provide the Office of the Chief

Clerk with a statement, prepared by the member containing the

factual content and exact amounts of increases and decreases in

line items which would be proposed in the amendment, along with

certification from the Legislative Reference Bureau that the

amendment was submitted to the Legislative Reference Bureau

prior to the above-noted 2:00 P.M. [on the aforementioned

Monday] deadline. This filing deadline does not apply to

amendments to any non-preferred appropriation bill.

Debate on any debatable question related to the General

Appropriation Bill or a nonpreferred appropriation bill shall be

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

bill a sponsor of an amendment shall be entitled to be

recognized twice, a maker of a debatable motion shall be

entitled to be recognized twice, any other members shall be

entitled to be recognized once. Unless the chair or minority

chair of the Appropriations Committee objects to the

determination that a bill implements the General Appropriation

Bill, bills implementing the General Appropriation Bill shall be

subject to the limits of this paragraph.

* * *

RULE 21

Consideration of Bills

(a) Every bill and every joint resolution shall be

considered on three different days. All amendments made thereto

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

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

written request addressed to the presiding officer by at least

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

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

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

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

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

the House is recorded thereon as voting in its favor.

(Constitution, Article III, Section 4).

(b) Members shall be notified of bills and resolutions

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

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

date of second consideration for legislation that has no legal

deadline. (The General Appropriation Act and non-preferred bills

are included within the definition of legislation that has no

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

amendments shall be submitted to the Office of the Chief Clerk

by 2:00 P.M. of the last legislative day preceding the scheduled

date of second consideration. Members shall be notified of bills

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

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

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

passage can occur before the date of the scheduled vote.

the above paragraph because it is still being prepared by the

Legislative Reference Bureau, the member must provide the Office

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

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

content of said amendment along with certification from the

Legislative Reference Bureau that the amendment was submitted to

the Legislative Reference Bureau for drafting prior to the

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

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

effectively rule out of order an amendment which was timely

filed pursuant to the provisions of this rule, a replacement

amendment may be submitted to the Office of the Chief Clerk

provided that the subject matter of the replacement amendment is

not substantially different from the intent of the original

amendment. The replacement amendment shall be deemed to have met

the timely filed conditions provided for in this rule. The

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

replacement amendment and shall file a certificate with the

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

receive consideration but shall not be moved to third

consideration until the replacement amendment is available for a

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

legislative day due solely to delay in receipt of replacement

amendments, then only amendments timely filed for the date of

the originally scheduled vote and replacement amendments shall

be considered. This limitation on amendments shall not apply to

the bill in question if consideration of the bill is rescheduled

beyond the new legislative day.

(e) A bill may not receive action on concurrence until at

least [24] six hours have elapsed from the time the bill and its

amendatory language was available to the public, unless the

amendment was a technical amendment as described under the first

paragraph of Rule 24 or an affirmative vote of 2/3 of the

members elected to the House indicates they have had sufficient

time to review the language and thereby approve proceeding with

the bill.

A brief description of every bill on concurrence shall be

given prior to a vote. Additionally, members shall be notified

and conference committee reports shall be available to members

at least 24 hours prior to the adoption of all conference

committee reports. When these reports are considered on the

first legislative day of the week, said notice shall be provided

no later than the close of business on the last business day

preceding the vote. Notwithstanding notice provided, members

may, by an affirmative vote of 2/3 of the members elected to the

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

conference committee report and that they approve proceeding

with a vote.

* * *

RULE 43

Standing Committees and Subcommittees

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The Committee on Committees shall consist of the Speaker and

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

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

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

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

House. Except for the Speaker, the Majority and Minority

Leaders, Whips, Caucus Chairs, Caucus Secretaries, Caucus

Administrators, Policy Chairs and the chairs and minority chairs

of standing committees, each member shall be entitled to serve

on not less than two standing committees.

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

standing committee when such standing committee has no standing

subcommittees as prescribed herein, except the Committee on

Appropriations which shall also have a vice-chair appointed by

the Speaker; when the standing committee has standing

subcommittees, the Speaker shall appoint a subcommittee chair

for each standing subcommittee. The Speaker shall appoint a

secretary for each standing committee. The Minority Leader shall

appoint the minority chair, minority vice-chair and minority

secretary of each standing committee and the minority

subcommittee chair for each standing subcommittee.

Except for members who decline chair status or minority chair

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

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

each standing committee except the Appropriations Committee

shall be limited only to the members of the applicable caucus

with the most seniority as members of their respective caucus.

Whenever there are more caucus members with equal seniority than

available chairs or minority chairs for that caucus, the

selection of a chair or minority chair from among such caucus

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members shall be in the discretion of the appointing authority.

The appointing authority may designate the standing committee to

which the appointing authority shall appoint a member as chair

or minority chair without regard to seniority. The Speaker and

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

Administrator and Policy Chair of the majority party and

minority party shall not be eligible to serve as chair or

minority chair of any standing committee and no member may serve

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

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

meet the requirements of this rule shall become vacant by

automatic operation of this rule. If the appointing authority

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

to the organizational meeting of a standing committee or fails

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

such position shall be deemed to remain vacant in violation of

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

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

applicable caucus who meets the requirements of this rule shall

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

such eligible caucus members for any such vacancy or vacancies,

they shall be filled from among such eligible members through a

lottery to be conducted under the supervision of the Chief Clerk

after giving notice of the time and place thereof to all

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

the Minority Leader.

Nothing in this rule shall prohibit the appointing authority

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

standing committee to the chair or minority chair of another

standing committee.

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Whenever the appointment of a chair or minority chair will

cause the applicable caucus to exceed its permissible allocation

of members on a standing committee, the appointing authority

shall make a temporary transfer of an eligible committee member

to the standing committee vacated by the member appointed as

chair or minority chair until a regular committee appointment

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

Speaker or Minority Leader fails to make a temporary transfer

within seven calendar days after such appointment, the committee

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

shall be automatically transferred to the committee vacated by

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

one committee member is eligible for such transfer, the transfer

shall be implemented through a lottery conducted under the

supervision of the Chief Clerk.

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

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

members of all standing committees, without the right to vote

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

of members on the committees or in counting a quorum.

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

of 27 members except the Committee on Appropriations, which

shall consist of 37 members, are hereby created. In addition,

there are hereby created [46] 48 standing subcommittees.

All standing committees shall consist of 16 members of the

majority party and 11 members of the minority party, except the

Committee on Appropriations which shall consist of 22 members of

the majority party and 15 members of the minority party. The

quorum for each of the standing committees and subcommittees

shall be no less than the majority of said committees. The

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following are the standing committees and subcommittees thereof:

(1) Aging and Older Adult Services

(a) Subcommittee on Care and Services

(b) Subcommittee on Programs and Benefits

(2) Agriculture and Rural Affairs

(3) Appropriations

(a) Subcommittee on Health and [Welfare] Human Services

(b) Subcommittee on Education

(d) Subcommittee on Fiscal Policy

(e) Subcommittee on Criminal Justice

(f) Subcommittee on Government and Financial Oversight

(4) Children and Youth

(5) Commerce

(a) Subcommittee on Financial Services and Banking

(b) Subcommittee on Housing

(d) Subcommittee on Small Business

(6) Consumer Affairs

(a) Subcommittee on Public Utilities

(b) Subcommittee on Telecommunications

(7) Education

(a) Subcommittee on Basic Education

(b) Subcommittee on Higher Education

(d) Subcommittee on Career and Technical Education

(8) Environmental Resources and Energy

(a) Subcommittee on Energy

(b) Subcommittee on Mining

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(9) Finance

(10) Game and Fisheries

(11) Gaming Oversight

(12) Health

(a) Subcommittee on Health Facilities

(b) Subcommittee on Health Care

(13) Human Services

(a) Subcommittee on Mental Health

(b) Subcommittee on Drugs and Alcohol

(14) Insurance

(15) Judiciary

(a) Subcommittee on Crime and Corrections

(b) Subcommittee on Courts

(16) Labor and Industry

(17) Liquor Control

(a) Subcommittee on Licensing

(b) Subcommittee on Marketing

(18) Local Government

(a) Subcommittee on Boroughs

(b) Subcommittee on Counties

(19) Professional Licensure

(20) State Government

(a) Subcommittee on Government Operations

(b) Subcommittee on Federal-State Relations

(21) Tourism and Recreational Development

(a) Subcommittee on Arts and Entertainment

(b) Subcommittee on Recreation

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Heritage

(22) Transportation

(a) Subcommittee on Highways

(b) Subcommittee on Public Transportation

(d) Subcommittee on Aviation

(e) Subcommittee on Railroads

(23) Urban Affairs

(a) Subcommittee on Cities, Counties - First Class

(b) Subcommittee on Cities, Counties - Second Class

(24) Veterans Affairs and Emergency Preparedness

(a) Subcommittee on Military and Veterans Facilities

(b) Subcommittee on Security and Emergency Response

Readiness

RULE 44

Organization of Standing Committees

and Subcommittees

The membership of each standing committee shall first meet

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

majority of the members to which each standing committee is

entitled shall constitute a quorum for it to proceed to

business. Each standing committee shall have the power to

promulgate rules not inconsistent with these rules which may be

necessary for the orderly conduct of its business.

Where a standing committee has standing subcommittees as

prescribed by Rule 43, the membership on such standing

subcommittees shall be appointed by the Committee on Committees

after consultation with each chair of a standing committee of

which the standing subcommittee is a part. Each standing

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subcommittee shall consist of the chair and minority chair of

its parent standing committee, [as an ex-officio member,] the

chair of the standing subcommittee, and five other members from

the parent standing committee to be appointed by the Committee

on Committees, three from among the majority party after

consultation with the Majority Leader and two from among the

minority party after consultation with the Minority Leader.

Where it is deemed advisable that the membership of any standing

subcommittee be of greater number than that prescribed herein,

the Committee on Committees may appoint additional members of

the standing committee from the majority or minority party to

serve on such standing subcommittee. The number of additional

members selected should be such as to maintain, as far as is

practicable, a ratio in majority and minority party membership

which affords a fair and reasonable representation to the

minority party on the standing subcommittee.

The chair and the minority chair of each standing committee

shall be [ex-officio] members of each standing subcommittee

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

to attend standing subcommittee meetings and vote on any matter

before such standing subcommittee.

A majority of the members of each standing subcommittee shall

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

standing subcommittee may promulgate such rules necessary for

the conduct of its business which are not inconsistent with the

rules of its parent standing committee or the Rules of the

House.

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

resolution or other matter to a standing subcommittee, the power

and control over such bill, resolution or other matter shall

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then reside in such subcommittee for a reasonable period of time

thereafter in order that such subcommittee may consider the

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

standing committee with its recommendations as to the action

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

matter.

Each standing subcommittee, within a reasonable time after it

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

committee for the purpose of considering the same and returning

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

committee with a subcommittee report as to what action it

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

or other matter being returned to the standing committee shall

contain one of the following recommendations:

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

form be reported to the House,

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

reported to the House,

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

the House, with recommendations for amendments,

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

without recommendations.

When a standing committee receives reports from its

subcommittees, it shall consider the same and by majority vote

of the members of the standing committee either approve or

disapprove such report. If disapproved, the standing committee

may then determine by a majority vote of its members what

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

or other matter.

Where no action has been taken by a standing subcommittee on

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

of the standing committee considers that such subcommittee has

had reasonable time to consider the bill, resolution or other

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

subcommittee chair shall then forthwith surrender and forward

the same, together with all documents or papers pertaining

thereto, to the standing committee.

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

the following rules shall apply in the following order of

precedence:

(1) If such standing committee has a vice-chair, the vice-

chair of the standing committee shall act as chair of the

committee meetings.

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

the subcommittee chair shall act as chair of the standing

committee.

(3) If the standing committee has more than one

subcommittee, the subcommittee chair with the longest

consecutive legislative service shall act as chair of the

standing committee, except where the subcommittee chairs have

equal legislative service, in which case the Speaker of the

House shall designate one of the subcommittee chairs to act as

chair of the standing committee.

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

appropriate standing committee shall designate one member from

either the standing committee or subcommittee to act as chair of

the subcommittee.

RULE 45

Powers and Duties of Standing Committees

and Subcommittees

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The chair of each standing committee and subcommittee shall

fix regular weekly, biweekly or monthly meeting days for the

transaction of business before the committee or subcommittee.

The chair of the committee or subcommittee shall notify all

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

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

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

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

committee or subcommittee as they deem necessary. No recess or

combination of recesses shall exceed 48 hours for any committee

meeting or subcommittee meeting. No committee shall meet during

any session of the House without first obtaining permission of

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

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

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

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

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

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

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

shall be complied with.

At regularly scheduled meetings, or upon the call of the

chair, or subcommittee chair, for special meetings, the

membership of such committees shall meet to consider any bill,

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

standing committee, or in case of subcommittees a secretary

designated by the subcommittee chair, shall record:

(1) the minutes of the meeting,

(2) all votes taken,

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

subcommittee meetings showing the names of those present, absent

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or excused from attendance, and the majority and minority chairs

or their designees shall verify by their signatures all votes

taken and the roll or attendance of those members present,

absent or excused before said records are submitted to the Chief

Clerk, and

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

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

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

of each standing committee shall submit to the Chief Clerk for

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

attendance of members at standing committee or subcommittee

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

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

standing committees shall be prepared in writing by the

secretary of the committee. Members of a standing committee may

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

reasons for their dissent. Such committee reports shall be filed

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

meetings at which formal action is taken by a standing committee

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

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

excused absence, fails to attend five consecutive regular

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

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

member in question fails to reasonably justify absences to the

satisfaction of a majority of the membership of the standing

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

committee or subcommittee shall be deemed vacant and the chair

of the standing committee shall notify the Speaker of the House

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

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prescribed by these rules.

Whenever the chair of any standing committee shall refuse to

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

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

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

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

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

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

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

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

meetings shall be complied with.

Records, bills and other papers in the possession of

committees and subcommittees, upon final adjournment of the

House shall be filed with the Chief Clerk.

No committee report, except a report of the Appropriations

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

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

committee present at a committee session actually assembled and

meeting as a committee, provided such majority vote numbers at

least 12 members, and provided further a quorum is present. No

committee report of the Appropriations Committee shall be

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

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

committee session actually assembled and meeting as a committee,

provided such majority vote numbers at least 17 members, and

provided further a quorum is present.

No proxy voting shall be permitted in committee, except as

provided for herein. If a member reports to a scheduled

committee meeting and advises the chair and other members of a

conflicting committee meeting or other legislative meeting which

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

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

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

written instructions for the exercise of such proxy by the chair

or minority chair during the meeting. The member should also

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

the conflicting committee meeting or other legislative meeting

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

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

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

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

the conflicting meetings.

When the majority of the members of a standing committee

believe that a certain bill or resolution in the possession of

the standing committee should be considered and acted upon by

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

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

the chair to comply with such request, the membership may

require that such bill be considered by written motion made and

approved by a majority vote of the entire membership to which

such committee is entitled.

Whenever the phrase "majority of members of a standing

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

majority of the entire membership to which a standing committee

or subcommittee is entitled, unless the context thereof

indicates a different intent.

To assist the House in appraising the administration of the

laws and in developing such amendments or related legislation as

it may deem necessary, each standing committee or subcommittee

of the House shall exercise continuous watchfulness of the

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execution by the administrative agencies concerned of any laws,

the subject matter of which is within the jurisdiction of such

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

all pertinent reports and data submitted to the House by the

agencies in the executive branch of the Government.

The Committee on Appropriations shall have the power to issue

subpoenas under the hand and seal of its chair commanding any

person to appear before it and answer questions touching matters

properly being inquired into by the committee, which matters

shall include data from any fund administered by the

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

accounts, reports, documents and data and information produced

and stored by any electronic data processing system as the

committee deems necessary. Such subpoenas may be served upon any

person and shall have the force and effect of subpoenas issued

out of the courts of this Commonwealth. Any person who willfully

neglects or refuses to testify before the committee or to

produce any books, papers, records, accounts, reports, documents

or data and information produced and stored by any electronic

data processing system shall be subject to the penalties

provided by the laws of the Commonwealth in such case. Each

member of the committee shall have power to administer oaths and

affirmations to witnesses appearing before the committee. The

committee may also cause the deposition of witnesses either

residing within or without the State to be taken in the manner

prescribed by law for taking depositions in civil actions.

* * *

[RULE 47

Ethics Committee

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

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shall mean the Committee on Ethics of the House of

Representatives, and the phrase "majority of the committee"

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

entitled.

The committee shall consist of eight members: four of whom

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

and four of whom shall be members of the minority party

appointed by the Minority Leader. The Speaker shall appoint from

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

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

chair shall be a member of the minority party.

The chair shall notify all members of the committee at least

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

meeting. Whenever the chair shall refuse to call a regular

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

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

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

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

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

held at the time and place specified in such notice.

The committee shall compile and distribute a Members'

Handbook on Ethics to advise members, officers and employees of

the House on matters regarding conflicts of interest, and

nonfeasance, malfeasance and misfeasance in legislative duties.

Each member shall be required to complete two hours of ethics

education and training each legislative term. For the purposes

of this rule, a member shall be excused from one hour of ethics

training for any full year the member was absent due to illness,

injury, military service or any other permissible excuse under

Rule 64(a). The committee shall be responsible for planning and

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offering ethics education programs.

The committee shall conduct its investigations, hearings and

meetings relating to a specific investigation or a specific

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

the fact that such investigation is being conducted or to be

conducted or that hearings or such meetings are being held or

are to be held shall be confidential information unless the

person subject to investigation advises the committee in writing

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

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

such person a public hearing. All other meetings of the

committee shall be open to the public.

The committee shall receive complaints against members,

officers and employees of the House, and persons registered or

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

to lobbying disclosure), alleging illegal or unethical conduct.

Any such complaint must be in writing sworn or affirmed to by

the person filing the complaint under penalty of law under 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities) and must set forth in detail the conduct in

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

the provision of 65 Pa.C.S. Ch. 13A, the Ethical Conduct Rules

of the House of Representatives or the House rule violated. As a

general rule, no person shall disclose or acknowledge to any

other person any information relating to the filing of a

complaint, except as otherwise authorized under this rule or to

carry out a function of the committee. The committee shall make

a preliminary investigation of the complaint, and if it is

determined by a majority of the committee that a violation of

the rule or law may have occurred, the person against whom the

20170HR0001PN0001 - 22 -

complaint has been brought shall be notified in writing and

given a copy of the complaint. If at any time a majority of the

committee determines that the complaint was a "frivolous

complaint" as defined under 65 Pa.C.S. § 1102 (relating to

definitions), or made without probable cause and primarily for a

purpose other than that of reporting illegal or unethical

conduct, then the committee shall notify the complainant and the

person against whom the complaint has been brought of such

determination. Within 15 days after receipt of the complaint,

such person may file a written answer thereto with the

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

the committee, the committee shall either dismiss the complaint

within ten days or proceed with a formal investigation, to

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

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

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

an admission or create an inference or presumption that the

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

prohibit a majority of the committee from either proceeding with

a formal investigation or dismissing the complaint.

A majority of the committee may initiate a preliminary

investigation of the suspected violation of the Legislative Code

of Ethics, 65 Pa.C.S. Ch. 13A, the Ethical Conduct Rules of the

House of Representatives or a House rule by a member, officer or

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

majority of the committee that a violation of a rule or law may

have occurred, the person in question shall be notified in

writing of the conduct in question and the section of the

"Legislative Code of Ethics," the provision of 65 Pa.C.S. Ch.

13A, the Ethical Conduct Rules of the House of Representatives

20170HR0001PN0001 - 23 -

or the House rule violated. Within 15 days, such person may file

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

a majority of the committee, the committee shall either dismiss

the charges within ten days or proceed with a formal

investigation, to include hearings, not less than ten days nor

more than 30 days after notice in writing to the person so

charged. Failure of the person charged to file an answer shall

not be deemed to be an admission or create an inference or

presumption that the charge is true, and such failure to file an

answer shall not prohibit a majority of the committee from

either proceeding with a formal investigation or dismissing the

charge.

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

formal investigation of the conduct of any member, officer or

employee of the House, the committee shall employ independent

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

purpose or in any other capacity during such investigation.

All constitutional rights of any person under investigation

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

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

be represented by counsel.

The chair may continue any hearing for reasonable cause, and

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

of the person subject to investigation, the chair shall issue

subpoenas for the attendance and testimony of witnesses and the

production of documentary evidence relating to any matter under

formal investigation by the committee. The committee may

administer oaths or affirmations and examine and receive

evidence.

All testimony, documents, records, data, statements or

20170HR0001PN0001 - 24 -

information received by the committee in the course of any

investigation shall be private and confidential except in the

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

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

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

of the person under investigation. No finding of unethical or

illegal conduct shall be valid unless signed by at least a

majority of the committee. Any such report may include a

minority report. The committee shall have the authority to

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

taken by the House on any finding of illegal or unethical

conduct nor shall such finding or report containing such finding

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

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

employee under investigation.

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

investigations or hearings involving employees of the two houses

jointly or officers or employees of the Legislative Reference

Bureau, the Joint State Government Commission, the Local

Government Commission, the Legislative Budget and Finance

Committee and the Legislative Data Processing Committee;

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

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

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

investigation, such member shall be temporarily replaced on the

committee in a like manner as said member's original

appointment.

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

employee concerned about an ethical problem relating to the

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

20170HR0001PN0001 - 25 -

may render advisory opinions with regard to questions pertaining

to legislative ethics or decorum. Such advisory opinions shall

be confidential and shall apply exclusively to the requestor. No

requestor who acts in good faith on an advisory opinion issued

to that requestor by the Ethics Committee shall be subject to

any sanctions for so acting if the material facts are as stated

in the advisory opinion request.

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

maintained a legislative nonprofit organization. A "legislative

nonprofit organization" means a nonprofit corporation or other

entity whose primary purpose is to receive funds under the

General Appropriations Act or another appropriations act at the

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

at the direction or discretion of the member. The Ethics

Committee shall issue to any member upon the member's request a

legislative nonprofit organization opinion with respect to the

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

within 14 days, issue the legislative nonprofit organization

opinion. No member who acts in good faith on a legislative

nonprofit organization opinion issued to that member by the

Ethics Committee shall be subject to any sanctions for so acting

if the material facts are as stated in the legislative nonprofit

organization opinion request. The Ethics Committee's legislative

nonprofit organization opinions shall be public records and may

from time to time be published, except that the member

requesting the legislative nonprofit organization opinion may

require that the legislative nonprofit organization opinion

contain deletions and changes necessary to protect the identity

of the persons involved.

Any member of the committee breaching the confidentiality of

20170HR0001PN0001 - 26 -

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

immediately from the committee and replaced by another member of

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

appointment.

The committee may adopt rules of procedure for the orderly

conduct of its affairs, investigations, hearings and meetings,

which rules are not inconsistent with this rule.

The committee shall continue to exist and have authority and

power to function after the sine die adjournment of the General

Assembly and shall so continue until the expiration of the then

current term of office of the members of the committee.]

RULE 47 [(a)]

Status of Members Indicted or Convicted of a Crime

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

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

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

conduct as a committee chair or ranking minority committee

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

render the member ineligible to the General Assembly under

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

member shall be relieved of committee chair status, ranking

minority committee member status or leadership position until

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

otherwise continue to function as a Representative, including

voting, and shall continue to be paid.

If, during the same legislative [session] term, the

indictment or charge is quashed, dismissed or withdrawn, or the

court finds that the member is not guilty of the offense

alleged, the member shall immediately be restored to committee

chair status, ranking minority committee member status or the

20170HR0001PN0001 - 27 -

leadership position retroactively from which he or she was

suspended.

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

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

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

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

member ineligible to the General Assembly under section 7 of

Article II of the Constitution of Pennsylvania, [and upon] the

Parliamentarian of the House may, upon the request of the Chair

and Vice-Chair of the House Ethics Committee, prepare a

resolution of expulsion. Upon imposition of sentence, the

Parliamentarian of the House shall prepare a resolution of

expulsion under the sponsorship of the Chair and Vice-Chair of

the House Ethics Committee. The resolution shall be printed and

placed on the calendar for the next day of House session.

* * *

RULE 51

Investigations

Any standing committee, subcommittee or select committee,

upon resolution introduced and approved by majority vote of the

House, may be authorized and empowered to conduct hearings at

any place in the Commonwealth to investigate any matter provided

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

such committee shall be empowered to issue subpoenas under the

hand and seal of the chair thereof commanding any person to

appear before it and answer questions touching matters properly

being inquired into by the committee and produce such books,

papers, records, accounts, reports, [and] documents and data and

information produced and stored by an electronic data processing

system as the committee deems necessary. Such subpoenas may be

20170HR0001PN0001 - 28 -

served upon any person and shall have the force and effect of

subpoenas issued out of the courts of this Commonwealth. Where

any person willfully neglects or refuses to comply with any

subpoena issued by the committee or refuses to testify before

the committee on any matter regarding which the person may be

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

report such disobedience or refusal to the House of

Representatives, and such person shall be subject to the

penalties provided by the laws of the Commonwealth in such

cases. All such subpoenaed books, papers, records, accounts,

reports, [and] documents and data and information produced and

stored by any electronic data processing system shall be

returned to the person from whom such material was subpoenaed

when the committee has completed its examination of such

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

committee completes its investigation. Such material, or any

information derived therefrom not a part of public sessions of

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

authority without the consent of the person from whom such

material was subpoenaed. Each member of the committee shall have

power to administer oaths and affirmations to witnesses

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

Legislature or other person designated by the committee shall

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

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

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

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

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

committee commanding attendance of such witness. Mileage and

witness fees shall be paid to such witness in an amount

20170HR0001PN0001 - 29 -

prescribed by law.

The chair of the investigative hearing shall call the

committee to order and announce in an opening statement the

subject or purposes of the investigation.

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

at least three calendar days prior to his or her scheduled

testimony. Witnesses at investigative hearings, may be

accompanied by their own counsel for the purpose of advising

them concerning their constitutional rights. The chair, for

breaches of order or decorum or of professional ethics on the

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

may interpose legal objection to any and all questions which in

the opinion of counsel may violate the civil or constitutional

rights of his or her clients.

If the committee determines that evidence or testimony at an

investigative hearing may tend to defame, degrade or incriminate

any person, it shall:

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

(2) afford such person an opportunity voluntarily to appear

as a witness; and

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

subpoena additional witnesses.

No evidence or testimony taken in executive session may be

released to any person or authority or used in public sessions

without the consent of the committee.

Proceedings of all public hearings shall be either

stenographically or electronically recorded. The committee shall

determine which parts of such recorded proceedings, if any,

shall be transcribed and four copies thereof shall be

distributed and additional copies made available as provided in

20170HR0001PN0001 - 30 -

Rule 50. Such stenographic or electronic records shall be

preserved by the Chief Clerk until directed to dispose of same

by an affirmative vote of three-quarters of the entire

membership of the Rules Committee and shall be made available to

any member upon written request for the purpose of transcription

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

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

a designee and shall be made available to any person in

accordance with reasonable rules and regulations prescribed by

the Chief Clerk.

Upon payment of a reasonable cost to be determined by the

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

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

session when authorized by the committee. All standing

committees, subcommittees, special committees or commissions

which are authorized to hold public hearings and investigations

shall file a final report before being discharged of delegated

responsibilities.

* * *

RULE 1 E

Definitions

The following words and phrases when used in the Ethical

Conduct Rules of the House of Representatives shall have the

meanings given to them in this Rule unless the context clearly

indicates otherwise:

"Campaign." An effort organized in support of or opposition

to the nomination, election or re-election of an individual to

elective office.

"Campaign activity." An activity on behalf of a candidate,

political party, political committee, campaign, campaign

20170HR0001PN0001 - 31 -

committee, political organization or political body which is

intended to influence the outcome of an election, including any

of the following:

(1) Organizing a campaign meeting, campaign rally or

other campaign event, including a fund-raiser where campaign

contributions are solicited or received.

(2) Preparing or completing responses to questionnaires

that are intended primarily for campaign use.

(3) Preparing, reviewing or filing a campaign finance

report.

(4) Conducting background research on a candidate or an

elected official to be used or intended to be used to

influence the outcome of an election.

(5) Preparing, conducting or participating in campaign

polling.

(6) Preparing, circulating or filing a candidate

nominating petition or papers.

(7) Participating in, preparing, reviewing or filing a

legal challenge to a nominating petition or papers.

(8) Preparing, distributing or mailing campaign

literature, campaign signs or other campaign material on

behalf of or in opposition to any candidate.

(9) Managing a campaign.

(10) Participating in, preparing, reviewing or filing

documents in a recount, challenge or contest of an election.

(11) Posting campaign-related information on a website

or social media website.

(12) Soliciting an individual's vote for a candidate.

(13) Working at a polling place.

"Campaign contribution." A monetary or in-kind contribution

20170HR0001PN0001 - 32 -

made to a candidate or a campaign.

"Campaign polling." The preparation, compilation, collection

or gathering of information, including focus groups and surveys,

reflecting public opinion as to an elected official, group of

elected officials, candidate, group of candidates, political

party, political committee, campaign, campaign committee,

political organization or political body that is intended to be

used for the purpose of supporting or opposing the nomination,

election or re-election of an individual to elective office.

"Candidate." An individual seeking nomination, election or

re-election to an elective office.

"Committee." The Committee on Ethics of the House of

Representatives.

"De minimus." An economic consequence which has an

insignificant effect.

"Elected official." An individual elected by the public to

serve a term in an elective office. The term shall include an

individual appointed to fill an unexpired term in an elective

office.

"Election." A general, special, municipal or primary

election, including elections at which a candidate for elective

office in a Federal governmental body is on the ballot.

"Elective office." A position in a governmental body to

which an individual is required under the Constitution of

Pennsylvania, the Constitution of the United States or by law to

be elected by the public.

"Frivolous complaint." A complaint filed in a grossly

negligent manner without basis in law or fact.

"House employee." The term includes the following:

(1) A person employed by the Office of the Speaker of

20170HR0001PN0001 - 33 -

the House of Representatives, the House Republican Caucus or

the House Democratic Caucus.

(2) Except as otherwise precluded by law, an officer of

the House or a person employed by an officer of the House.

"House office." Legislative offices and work spaces,

including:

(1) An office assigned to a Member for the conduct of

legislative duties, wherever located.

(2) House conference or meeting rooms located in the

Capitol complex.

(3) A legislative district office.

(4) The offices of an officer of the House.

"House resources." House-owned or House-leased equipment

including telephones, computer hardware or software, copiers,

scanners, fax machines, file cabinets or other office furniture,

cell phones, personal digital assistants or similar electronic

devices, and office supplies.

"House work time." Compensated time spent in the performance

of duties by a House employee.

"Independent counsel." An attorney engaged by the Committee

for the purpose of investigating and prosecuting a specific

complaint who shall not be employed during the investigation for

any other purpose or in any other capacity by the House, the

committee or a Member.

"Legislative nonprofit organization." A nonprofit

corporation or other entity whose primary purpose is to receive

funds under the General Appropriation Act or another

appropriation act at the discretion or by reason of the

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

the Member.

20170HR0001PN0001 - 34 -

"Majority of the Committee" or "majority." A majority of the

Members to which the Committee is entitled.

"Mass communication." The term shall include, but not be

limited to, the following if they are paid for with House funds:

(1) Any newsletter or similar mailing of more than 50

pieces a day in which the content of the matter is

substantially identical.

(2) Any electronic mail transmission to more than 50

addresses per day in which the content of the matter is

substantially identical.

(3) Any public service announcement via radio or

television broadcast that depicts the name, voice or image of

a Member.

(4) Any telemarketing activities or robocalls on behalf

of a Member, except for limited surveys to determine public

opinion on various issues that do not use the name, voice or

image of a Member.

"Member." An individual elected to serve in the Pennsylvania

House of Representatives.

"Officers of the House." The Chief Clerk, the Comptroller

and the Parliamentarian of the Pennsylvania House of

Representatives.

"Official mailing lists." Any list containing individuals,

companies or vendors, including names, addresses, telephone

numbers or e-mail addresses that are procured, compiled,

maintained or produced with House funds.

"Own time." A House employee's time that is distinct from

House work time and includes time that is spent on

vacation/annual leave and personal leave. The term does not

include compensatory leave.

20170HR0001PN0001 - 35 -

"Restricted period." The 60-day period immediately preceding

an election at which the Member is a candidate.

"Subject." A person against whom a complaint has been filed

with the Committee.

RULE 2 E

Conduct

(1) No campaign activity may be conducted by a House

employee on House work time. No campaign activity may be

conducted in a House office or with House resources or House

funds. The following shall apply:

[(1)] (a) House employees are permitted to engage in

campaign activities on their own time.

[(2)] (b) The solicitation or receipt of campaign

contributions in a House office, on House work time or with

House resources is prohibited. If an unsolicited contribution

is sent to a House office through the mail or in an

unidentifiable form, the employee who receives it shall turn

it over to the applicable campaign and, within two business

days, notify the donor, if known, that campaign contributions

should not be sent or delivered to a House office.

[(3)] (c) No House employee may be allocated any leave

time for time spent engaging in campaign activities on his or

her own time.

[(4)] (d) A House employee, with the permission of his

or her employer, may go on leave without pay or benefits to

engage in campaign activities.

[(5)] (e) A House employee who announces his or her

candidacy for a House seat or files nomination petitions or

papers or for whom a nomination certificate is filed to run

for a House seat shall be put on leave without pay or

20170HR0001PN0001 - 36 -

benefits during the duration of his or her candidacy unless

the employee voluntarily leaves House employment.

[(6)] (f) De minimis campaign activities may be

unavoidable for a Member or House employee in the course of

their official duties and shall not be considered a violation

of these ethical conduct rules. This includes the following

activities:

[(a)] (i) A Member or House employee may, in

responding to inquiries from the public, need to address

incidental questions that relate to a Member's or another

person's campaign or a related legislative record.

[(b)] (ii) A Member or House employee may provide

scheduling assistance and information to campaign staff

to ensure that no conflict occurs among the Member's

campaign schedule, official schedule and personal

schedule.

[(c)] (iii) A Member or House employee may engage in

political conversation in the natural course of personal

communication.

[(7)] (g) A Member's official State website or State

social media website shall not contain a link to his or her

campaign website or campaign social media website.

[(8)] (h) No House employee may be required to make a

campaign contribution as a condition of employment or

continued employment.

[(9)] (i) No House employee may be required to perform

any campaign activity, on House work time or the employee's

own time, as a condition of employment or continued

employment.

[(10)] (j) No House employee who agrees or offers to

20170HR0001PN0001 - 37 -

participate in a campaign activity on the employee's own

time, or makes a campaign contribution, shall receive

additional House compensation or employee benefit in the form

of a salary adjustment, bonus, compensatory time off,

continued employment or any other similar benefit in return.

[(11)] (k) A House employee who refuses to participate

in a campaign activity or to make a campaign contribution

shall not be sanctioned for that refusal.

[(12)] (l) Official House mailing lists shall be used

solely for legislative purposes and shall not be provided to

a candidate, political party, political committee, campaign,

campaign committee, political organization or political body

to be used for any campaign activity.

[(13)] (m) House computers shall not be used to create

or update any mailing list that identifies the listed

individuals as campaign volunteers or campaign contributors

to a candidate, political party, political committee,

campaign or campaign committee, political organization or

political body.

[(14)] (n) No list may be developed by a Member or a

House employee for the purpose of monitoring or tracking

campaign activity or campaign contributions of a House

employee.

(o) A Member shall not use campaign funds for any event

that occurs inside any House office except to pay expenses

related to receptions in honor of a Member's swearing-in to

or retirement from the Pennsylvania House of Representatives.

[(15)] (2) No mass communication shall be made at the

direction or on behalf of any Member which is delivered to a

postal facility or otherwise distributed [within 60 days

20170HR0001PN0001 - 38 -

immediately preceding an election at which the Member is a

candidate] during a restricted period. Nothing in this

subsection shall apply to any mass communication:

(a) in response to inquiries or affirmative requests

from persons to whom the matter is communicated,

(b) sent to colleagues in the General Assembly or other

government officials, or

communications media.

[(16)] (3) No House employee may be required to perform any

task unrelated to the House employee's official duties, on House

work time or the employee's own time, as a condition of

employment or continued employment.

[(17)] (4) No House employee who agrees or offers to perform

a task unrelated to the House employee's official duties, on the

employee's own time, shall receive any additional House

compensation or employee benefit in the form of a salary

adjustment, bonus, compensatory time off, continued employment

or any other similar benefit in return.

[(18)] (5) A House employee who refuses to perform a task

unrelated to the House employee's official duties while on House

work time shall not be sanctioned for that refusal.

[(19) A Member shall not use campaign funds for any event

that occurs inside any House office except to pay expenses

related to receptions in honor of a Member's swearing-in to or

retirement from the Pennsylvania House of Representatives.]

[(20)] (6) No Member or House employee may accept a cash

gift unless from a spouse, parent, parent by marriage, sibling,

child, grandchild, other family member or friend when the

circumstances make it clear that the motivation for the gift was

20170HR0001PN0001 - 39 -

a personal or family relationship. For the purposes of this

paragraph, a "friend" shall not include a registered lobbyist or

an employee of a registered lobbyist. Nothing under this

paragraph shall prevent a Member or House employee from

accepting a campaign contribution otherwise authorized by law.

(7) A Member shall not create, maintain or cause to be

created or maintained a legislative nonprofit organization.

RULE 3 E

COMMITTEE ON ETHICS

The Committee shall consist of eight Members, four of whom

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

and four of whom shall be members of the minority party

appointed by the Minority Leader. From the Members appointed to

the Committee, the Speaker shall appoint a chair, vice-chair and

secretary for the Committee. The chair shall be a member of the

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

minority party.

The members of the Committee shall first meet upon the call

of the chair and perfect its organization. A majority of the

Committee shall constitute a quorum for it to proceed to

business. Unless otherwise provided in this rule, a majority of

the Committee shall be required to take any action authorized by

this rule. The Committee shall have the power to promulgate

rules not inconsistent with this rule or Rules of the House that

may be necessary for the orderly conduct of its business.

The chair of the Committee shall notify all members of the

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

place of meetings and, insofar as possible, the subjects on the

agenda. Meetings may be called from time to time by the chair of

the Committee as the chair deems necessary. A member of the

20170HR0001PN0001 - 40 -

Committee may request that the chair call a meeting for a

specific purpose. If the chair refuses to call a meeting upon

such request, a majority of the Committee may vote to call a

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

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

notice shall be read in the House and posted in the House

Chamber by the Chief Clerk or a designee. Thereafter, the

meeting shall be held at the time and place specified in such

notice.

The Committee shall not continue to exist after sine die

adjournment of the General Assembly. Proceedings on matters

before the Committee that have not been concluded or disposed of

by October 31 of the second year of a legislative term shall

cease on such date and all documents, reports, communications,

transcripts and other materials compiled by the Committee for

such matters shall be collected, organized and submitted to the

Chief Clerk under seal for transition to the reconstituted

Committee consisting of Members appointed from the incoming

General Assembly. These materials shall be held in a secure

manner and nothing in this rule shall authorize the Chief Clerk

or any other person to view such materials. Within 30 days

following the reconstitution of the Committee in the next

succeeding legislative term, the Committee shall review such

materials and determine whether or not to proceed with one or

more of the matters under review by the former Committee. Any

time period required for any actions of the Committee or others

under this rule shall be tolled until the reconstituted

Committee has made a determination whether or not to proceed.

If the Committee determines to proceed with a matter, the

Committee shall continue from the stage in the consideration of

20170HR0001PN0001 - 41 -

the matter where the former Committee ended.

The Committee shall compile, update and distribute a Members'

Handbook on Ethics for Members and House Employees on matters

regarding the ethical conduct of their legislative duties. Each

Member shall complete two hours of ethics education and training

each legislative term. A Member shall be excused from one hour

of ethics training for any full year the Member was absent due

to illness, injury, military service or any other permissible

excuse under General Operating Rule 64(a). The Committee shall

be responsible for planning and offering ethics education

programs.

The Committee shall issue to a Member upon the Member's

request an advisory opinion regarding the Member's duties under

Rule 2E relating to legislative nonprofit organizations. The

opinion shall be issued within 14 days following the request. No

Member who acts in good faith on an opinion issued under this

paragraph shall be subject to any sanctions for so acting if the

material facts are as stated in the request. Opinions issued

under this paragraph shall be public records and may from time

to time be published. Notwithstanding the foregoing, the Member

requesting the opinion may request that an opinion undergo

deletions and changes necessary to protect the identity of the

persons involved, and the Committee shall make such deletions

and changes.

The Committee may issue other advisory opinions with regard

to questions pertaining to other legislative ethics or decorum

at the request of a Member or House employee. An opinion issued

under this paragraph shall be confidential and shall apply

exclusively to the requestor. No requestor who acts in good

faith on an opinion issued under this paragraph shall be subject

20170HR0001PN0001 - 42 -

to any sanctions for acting in accordance with the opinion if

the material facts are as stated in the request.

The Committee may receive complaints against Members and

House employees alleging unethical conduct under the Legislative

Code of Ethics or the Rules of the House. A complaint must be in

writing and be signed by the person filing the complaint under

penalty of law under 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities). The complaint must set forth in

detail the actions constituting the alleged unethical conduct.

No person shall disclose or acknowledge to any other person any

information relating to the filing of a complaint or the

proposed filing of a complaint, except as otherwise authorized

under this rule, for the purpose of seeking legal advice, as

otherwise required by law or to carry out a function of the

Committee.

The Committee shall not have jurisdiction over, shall not

accept for review or action and shall return to the complainant

with a notice explaining the Committee's lack of jurisdiction

any of the following:

(1) a complaint filed later than five years following

the occurrence of the alleged unethical conduct;

(2) a complaint filed against a former Member or former

House employee unless required by Section 7(c) of the

Legislative Code of Ethics; or

(3) a complaint filed against a Member during a

restricted period.

A five-year limitations period that expires during a

restricted period shall be tolled until the day following the

election occurring at the expiration of the restricted period.

Within 30 days following receipt of a complaint over which

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the Committee has jurisdiction under this rule, the Committee

shall do one of the following:

(1) dismiss the complaint if it:

(a) alleges facts that do not constitute unethical

conduct;

(b) is objectively baseless;

(d) is a frivolous complaint; or

(2) initiate a preliminary investigation of the alleged

unethical conduct.

If the Committee initiates a preliminary investigation, it

shall, promptly upon voting to proceed, send the subject a

letter setting forth each allegation in the complaint. Within 15

days after receipt of the letter, the subject may file a written

response with the Committee. Failure of the subject to file a

response shall not be deemed to be an admission, or create an

inference or presumption, that the allegations in the complaint

are true, and such failure shall not prohibit the Committee from

either proceeding with the preliminary or a formal investigation

or dismissing the complaint. The Committee may engage an

independent counsel to assist in a preliminary investigation.

The subject may be represented by counsel of the subject's

choosing at any point during an investigation under this rule.

A member of the Committee who is the complainant, the subject

or a witness to the conduct alleged in a complaint shall not

participate in any Committee consideration of the complaint. The

Member shall be temporarily replaced on the Committee in a like

manner as his or her original appointment.

Within 30 days following the initiation of a preliminary

investigation, the Committee shall vote to dismiss the complaint

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for lack of probable cause to support the alleged conduct or to

proceed with a formal investigation because it finds that

probable cause exists. If a majority of the Committee is unable

to agree on either course of action, the Committee shall dismiss

the complaint. The Committee shall promptly notify the subject

in writing of the result.

If the Committee votes to proceed with a formal

investigation, the Committee shall engage an independent counsel

unless the Committee determines that the alleged conduct raised

in the complaint does not warrant the expense of engaging an

independent counsel. If the Committee does not engage an

independent counsel, the Committee shall be represented in the

investigation and any hearing conducted under this rule by

Committee staff attorneys, including at least one from each

party.

The Committee, including Committee staff attorneys, and any

independent counsel engaged by the Committee shall have the

power to conduct investigations and hearings under the

guidelines set out in this rule. Where a provision of this rule

conflicts with another Rule of the House, the provision of this

rule shall govern. This rule shall be construed to empower the

Committee and its independent counsel to do all of the

following:

(1) act as a neutral fact-finder;

(2) protect due process and other constitutional rights

of a subject;

(3) fully investigate and deter unethical conduct; and

(4) protect the public trust.

The Chief Clerk shall pay the fees and expenses of an

Independent Counsel engaged by the Committee under this rule.

20170HR0001PN0001 - 45 -

The Committee may issue subpoenas for documents or testimony

as part of a preliminary investigation, a formal investigation

or in connection with a hearing before the Committee.

Notwithstanding the provision of any other Rule of the House,

subpoenas issued under this rule shall be in the name of the

Committee, shall be signed by the chair of the Committee and

shall be attested by another member of the Committee who voted

in favor of authorizing the subpoena.

A subpoena issued by the Committee may be served upon any

person and shall have the force and effect of a subpoena issued

out of the courts of this Commonwealth. Subpoenas shall be

served by the Sergeant-at-Arms of the House or another person

designated by the Committee when directed to do so by the

Committee. Each subpoena shall be addressed to the witness and

shall state that such proceeding is before a Committee of the

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

a specified time and place; or to produce books, papers,

records, accounts, reports, documents and data and information

produced and stored by any electronic data processing system; or

both, as the Committee may also require. Mileage and witness

fees shall be paid by the House to such witness in an amount

prescribed by law. Unless addressed to and served on the

subject, a copy of a subpoena issued by the Committee shall be

provided to the subject and the subject's counsel, if

applicable. A person who willfully neglects or refuses to comply

with a subpoena issued by the Committee shall be subject to the

penalties provided by the laws of this Commonwealth with respect

to such willful neglect or refusal. Notwithstanding the

foregoing, a recipient of a subpoena issued by the Committee may

object to the subpoena by serving notice of such objection on

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the signatory to the subpoena and the Committee. The Committee

may quash or modify the subpoena if it finds the subpoena to be

overly broad or without proper purpose. Each member of the

Committee shall have the power to administer oaths and

affirmations to witnesses appearing before the Committee.

All subpoenaed books, papers, records, accounts, reports,

documents, data and information shall be returned to the person

from whom such material was subpoenaed when the Committee has

completed its examination of such material, but in no event

later than the date of final disposition of the matter.

Following the completion of a formal investigation, the

Committee shall conduct a hearing if:

(1) the independent counsel engaged by the Committee

recommends that a hearing be conducted and the Committee

votes to adopt the recommendation; or

(2) an independent counsel was not engaged by the

Committee but the Committee finds that the testimony and

documents reviewed by the Committee during the formal

investigation indicates more likely than not that the

unethical conduct alleged in the complaint occurred.

If a hearing is to be conducted, the Committee shall provide

the subject and the subject's counsel, if applicable, with

written notice consistent with constitutional principles of due

process. The Pennsylvania Rules of Evidence shall apply during

the hearing, unless the Committee determines otherwise.

Notwithstanding the foregoing, the Committee may not infringe on

the right of the subject to present evidence, cross-examine

witnesses, face his or her accuser and be represented by counsel

at a hearing conducted under this rule.

Witnesses called to appear at a hearing under this rule,

20170HR0001PN0001 - 47 -

including a subject, may be accompanied by his or her own

counsel for the purpose of advising him or her concerning his or

her constitutional rights. Counsel may interpose legal objection

to any and all questions which in the opinion of counsel may

violate the constitutional rights of his or her clients.

The proceedings of a hearing conducted under this rule shall

be either stenographically or electronically recorded. The

Committee shall determine which parts of such recorded

proceedings, if any, shall be transcribed.

The burden shall be on the independent counsel, if one has

been engaged by the Committee, or the Committee staff attorneys,

if an independent counsel has not been engaged, to prove, by

clear and convincing evidence, that the unethical conduct

alleged in the complaint occurred. Within 30 days following the

conclusion of the formal investigation and hearing, the

Committee shall make a determination as to whether the burden

was met and shall submit its finding to the House. If the

Committee finds that the burden was met, the Committee may make

one or more of the following recommendations to the House:

(1) a reprimand of the subject;

(2) a censure of the subject;

(3) expulsion of the subject from the House; or

(4) the denial or limitation of any right, power or

privilege of the Member granted by Rules of the House and not

contrary to the Pennsylvania Constitution.

The Committee shall provide a written report of its findings

and recommendations, if any, to the subject and shall

simultaneously submit a copy of the same to the House. Only

findings and recommendations agreed to by a majority of the

Committee shall be included in the report. The report may

20170HR0001PN0001 - 48 -

include a minority report. The House shall not take any action

on the findings and recommendations submitted by the Committee

and shall not make such findings and recommendations public

until a period of at least seven days has passed following the

Committee's provision of the report to the subject.

The Committee may extend any of the time periods, other than

those relating to the jurisdiction of the Committee, required

for any actions of the Committee or others under this rule.

Investigations, hearings and meetings of the Committee

relating to an investigation and the existence of such

investigations, hearings, and meetings shall be confidential.

All other meetings of the Committee shall be open to the public.

Notwithstanding the above, the Committee shall conduct a

hearing in public upon the written request of the subject unless

the Committee determines that evidence or testimony to be

received at the hearing may substantially defame, degrade, or

incriminate a person other than the subject. In that event, the

Committee shall receive such evidence or testimony in executive

session. No evidence or testimony taken in executive session may

be released to any person or authority or used in public

sessions without the consent of the Committee.

The Committee may enter into a consent agreement with the

subject at any point in the proceedings.

The complaint, response and records of the Committee shall be

confidential. Notwithstanding the foregoing:

(1) consent agreements and final findings by the

Committee of unethical conduct and the Committee's

recommendations with respect to such findings shall not be

confidential; and

(2) the subject may, in his or her discretion, make

20170HR0001PN0001 - 49 -

public a finding by the Committee that no unethical conduct

had occurred or that there was insufficient evidence

presented to the Committee that unethical conduct had

occurred.

Any member of the Committee breaching the confidentiality

provisions set forth in this rule shall be removed immediately

from the Committee and replaced by another Member in a like

manner as his or her original appointment.

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

investigations or hearings involving complaints against

employees of the two chambers jointly or officers or employees

of the Legislative Reference Bureau, the Joint State Government

Commission, the Local Government Commission, the Legislative

Budget and Finance Committee, the Legislative Data Processing

Committee or other legislative service agencies. No action may

be taken at a joint meeting unless it is approved by the

Committee. A member of the Committee who is the complainant, the

subject or a witness to the unethical conduct alleged in a

complaint under this paragraph shall not participate in any

joint proceedings under this paragraph. The Member shall be

temporarily replaced on the Committee in a like manner as his or

her original appointment.

20170HR0001PN0001 - 50 -