See other bills
under the
same topic
PRINTER'S NO. 1
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
1
Session of
2019
INTRODUCED BY CUTLER, JANUARY 1, 2019
INTRODUCED AND ADOPTED, JANUARY 1, 2019
A RESOLUTION
Adopting permanent rules for the House of Representatives,
further providing for members' and employees' expenses, for
order of business, for general appropriation bill and non-
preferred bills, for consideration of bills, for third
consideration and final passage bills, for bills amended by
the Senate, for House and concurrent resolutions, for
standing committees and subcommittees, for organization of
standing committees and subcommittees and for powers and
duties of standing committees and subcommittees; providing
for Government Oversight Committee; further providing for
status of members indicted or convicted of a crime, for
members required to be present and vote, for financial
interests in gaming entities, for suspending and changing
rules, for Ethical Conduct Rules definitions and for conduct;
providing for professional conduct; and further providing for
Committee on Ethics.
RESOLVED, That the Permanent Rules of the House of
Representatives (2017-2018) be adopted as the Permanent Rules of
the House of Representatives for the 2019-2020 session of the
House of Representatives with the following amendments to the
heading and Rules 14, 17, 19(b), 21, 24, 30, 35, 43, 44, 45, 47,
64, 65(b) and 77, Ethical Conduct Rules heading and Rules 1E, 2E
and 3E and the addition of Rules 45(a) and 2.1E:
[2017-2018] 2019-2020
GENERAL OPERATING RULES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
OF THE HOUSE OF REPRESENTATIVES
* * *
RULE 14
Members' and Employees' Expenses
A member who attends a duly called meeting of a standing or
special committee of which he or she is a member when the House
is not in session or who is summoned to the State Capitol or
elsewhere by the Speaker, or the Majority or Minority Leader of
the House, to perform legislative services when the House is not
in session shall be reimbursed per day for each day of service,
plus mileage to and from the member's residence, at such rates
as are established from time to time by the Committee on Rules
but not in excess of the applicable maximum mileage rate
authorized by the Federal Government. For travel to any location
for committee meetings or for travel to the State Capitol for
any reason, members cannot receive reimbursement in excess of
the applicable maximum per diem rate authorized by the Federal
Government. These expenses shall be paid by the Chief Clerk from
appropriation accounts under the Chief Clerk's exclusive control
and jurisdiction, upon a written request approved by the Speaker
of the House, or the Majority or the Minority Leader of the
House.
An employee of the House summoned by the Speaker or the
Majority or Minority Leader of the House to perform legislative
services outside of Harrisburg shall be reimbursed for actual
expenses and mileage to and from the employee's residence. Such
expenses may be paid by the Speaker, Majority or Minority
Leader, if they agree to do so, or shall be paid by the Chief
Clerk from appropriation accounts under the Chief Clerk's
exclusive control and jurisdiction, upon a written request
20190HR0001PN0001 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
approved by the Speaker, or the Majority or the Minority Leader.
District office employees are only permitted to be reimbursed
from an account under the control of the Chief Clerk when
traveling to Harrisburg for a training program sponsored by
either caucus or for travel to a legislative conference approved
by the Speaker, the Majority Leader or the Minority Leader. All
other travel by district office employees may be reimbursed from
the member's accountable expenses or an account under the
control of the Speaker, the Majority Leader or the Minority
Leader.
Members and employees traveling outside the Commonwealth of
Pennsylvania who receive any reimbursement for expenses or
travel which reimbursement is from public funds shall file with
the Chief Clerk a statement containing his or her name and the
name, place, date and the purpose of the function.
Money appropriated specifically to and allocated under a
specific symbol number for allowable expenses of members of the
House of Representatives shall be reimbursed to each member upon
submission of vouchers and any required documentation by each
member on forms prepared by the Chief Clerk of the House. No
reimbursement shall be made from this account where a member is
directly reimbursed for the same purpose from any other
appropriation account.
Such allowable expenses of members may be used for any
legislative purpose or function, including but not limited to
the following:
(1) Travel expense on legislative business.
(a) Mileage on session or nonsession days at a rate as
may be approved from time to time by the Committee on Rules,
but not in excess of the maximum mileage rate authorized by
20190HR0001PN0001 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Federal Government for travel; voucher only.
(b) Miscellaneous transportation on legislative business
(taxi, airport limousine parking, tolls), and expenses of a
similar nature; voucher only for any single expense not in
excess of $10.
(c) Travel on legislative business by common carrier
other than taxi and airport limousine; voucher and receipt
from common carrier.
(d) Car rental; voucher and receipt from rental agency
but reimbursement not to exceed in any month an amount as may
be approved from time to time by the Committee on Rules. Any
amount in excess of the said amount shall be paid by the
person renting the car. In no event shall other than American
manufactured cars be rented.
(e) Lodging, restaurant charges and other miscellaneous
and incidental expenses while away from home. Vouchers only
for per diem allowance approved from time to time by the
Committee on Rules, but not in excess of the applicable
maximum per diem rate authorized by the Federal Government or
for actual expenses not in excess of such per diem rate.
(2) Administrative, clerical and professional services for
legislative business, except for employment of spouses or any
relatives, by blood or marriage.
(a) Administrative and clerical services; voucher and
receipt from person employed.
(b) Professional services; voucher and receipt and copy
of agreement or contract of employment.
(3) Rent for legislative office space; purchase of office
supplies; postage; telephone and answering services; printing
services and rental only of office equipment; voucher and
20190HR0001PN0001 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
vendor's receipt, except for postage expense.
(4) Official entertainment─restaurant and beverage charges;
voucher only for expenses. Receipts for entertainment expenses,
together with a statement of the reason for the expense, shall
be submitted with the request for reimbursement.
(5) Purchase of flags, plaques, publications, photographic
services, books, and other similar items in connection with
legislative activities; voucher and vendor's receipt.
(6) Communications and donations in extending
congratulations or sympathy of illness or death; voucher only on
expenses not in excess of $35.
No money appropriated for members' and employees' expenses
shall be used for contributions to political parties or their
affiliated organizations.
No money appropriated for members' and employees' expenses
shall be used for contributions to charitable organizations or
for charitable advertisements. This paragraph shall not prevent
a de minimis use of legislative resources, in connection with
legislative activities, to benefit a bona fide charitable
organization that serves a member's district.
Members and employees shall not request reimbursement for the
private lease of vehicles leased on a long-term basis. No
payments will be made with respect to private, long-term lease
vehicle expenses incurred by members or employees except with
respect to private, long-term lease arrangements entered into by
a member prior to March 13, 2007, payments for which will be
made in accord with the rules in place on March 12, 2007. The
Chief Clerk is authorized to enter into a master lease agreement
with the Department of General Services for the long-term lease
of automobiles.
20190HR0001PN0001 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
All disbursements made, debts incurred or advancements paid
from any appropriation account made to the House or to a member
or nonmember officer under a General Appropriation Act or any
other appropriation act shall be recorded in a monthly report
and filed with the Chief Clerk by the person authorized to make
such disbursement, incur any debt or receive any advancement on
a form prescribed by the Chief Clerk.
The Chief Clerk shall prescribe the form of all such reports
and make such forms available to those persons required to file
such reports. Such report form shall include:
(1) As to personnel:
(a) The name, home address, job title, brief description
of duties and where they are performed, department or member
or members to whom assigned, the name of immediate supervisor
and minimum hours of employment per week of each employee.
(b) The appropriation account from which such employee
is compensated, the amount of compensation and whether such
person is on salary, per diem or contract.
(2) As to all other expenditures:
(a) To whom it was paid, the amount thereof, and the
nature of the goods, services or other purpose for which the
expenditure was made.
(b) The appropriation account from which the expenditure
was made and the name or names of the person or persons
requesting and/or authorizing the same.
The reporting requirements as to personnel may be fulfilled
by the maintenance in the Office of the Chief Clerk of the House
of an alphabetized file containing the current information for
each employee as set forth above.
All monthly reports filed on disbursements made or debts
20190HR0001PN0001 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
incurred by any officer or member or employee from
appropriations made to the House or to a member or nonmember
officer under any General Appropriation Act, and the
documentation for each disbursement, shall be public information
and shall be available in accordance with the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
All vouchers and requisitions relating to all expenditures,
expenses, disbursements and other obligations out of all
appropriated funds of the House, and the documentation
evidencing payment of the vouchers and requisitions, shall be
available in accordance with the Right-to-Know Law.
All requests for reimbursement out of any appropriation shall
be accompanied by a voucher, or other documents where required,
evidencing payment or approval. All requests for reimbursement
out of any appropriation payable to a member, nonmember officer
or employee shall be void if not submitted within [60] 90 days
of the date that the otherwise allowable expense is incurred for
any and all otherwise allowable expenses, including without
limitation, per diem, mileage and actual expenses incurred. Any
such void request for reimbursement may not be paid except
pursuant to a motion to suspend this rule for good cause
specific to the voided request for reimbursement. In no event
shall any payment or reimbursement be made for any otherwise
allowable expense incurred on or before March 12, 2007. The
voucher form shall be approved and supplied by the Chief Clerk.
Receipts or documentation of every expenditure or disbursement
which is in excess of the maximum amount as set forth herein
shall be attached to the voucher. Where a request for payment is
made in advance of an expense actually incurred, the Chief
Clerk, before making such advance payment shall require a
20190HR0001PN0001 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
description satisfactory to the Chief Clerk of the item or
service to be purchased or the expense to be incurred, and a
receipt or other documentation shall be given to the Chief Clerk
after the item or service has been purchased or expense incurred
as evidence that such advancement was in fact expended for such
purpose.
All reports, vouchers and receipts from which reports are
prepared and filed shall be retained by the Chief Clerk, officer
or member, as the case may be, for such period of time as may be
necessary to enable the Legislative Audit Advisory Commission
created pursuant to the act of June 30, 1970 (P.L.442, No.151),
entitled "An act implementing the provisions of Article VIII,
section 10 of the Constitution of Pennsylvania, by designating
the Commonwealth officers who shall be charged with the function
of auditing the financial transactions after the occurrence
thereof of the Legislative and Judicial branches of the
government of the Commonwealth, establishing a Legislative Audit
Advisory Commission, and imposing certain powers and duties on
such commission," to conduct, through certified public
accountants appointed by it, annual audits to assure that such
disbursements made or debts incurred were in accordance with
Legislative Audit Advisory Commission guidelines and standards
as approved by the Committee on Rules, or for a minimum of three
years, whichever is longer. All annual audit reports shall be
available for public inspection. Photocopies of such reports
shall be available for a fee established by the Chief Clerk not
to exceed the cost of duplication.
Except as specifically prohibited by law or limited by this
rule, all expenditures of funds appropriated to the House or to
a member or nonmember officer shall be subject to the
20190HR0001PN0001 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
expenditure guidelines established by the Rules Committee. The
Rules Committee shall establish standards regarding
documentation evidencing payment out of any appropriations
account made to the House or to a member or nonmember officer.
The Bipartisan Management Committee shall receive and review
suggestions from the Comptroller on ways to reduce costs and
improve the fiscal operations of the House. The Comptroller,
following authorization by the Bipartisan Management Committee,
shall implement cost-reducing and other new measures to improve
the fiscal operations of the House.
* * *
RULE 17
Order of Business
The daily order of business shall be:
(1) Prayer [by the Chaplain].
(2) Pledge of Allegiance.
(3) Correction and approval of the Journal.
(4) Leaves of absence.
(5) Master Roll Call.
(6) Reports of Committee.
(7) First consideration bills.
(8) Second consideration bills.
(9) Third consideration bills, final passage bills
(including both third consideration and final passage postponed
bills) and resolutions.
(10) Final passage bills recalled from the Governor.
(11) Messages from the Senate and communications from the
Governor.
(12) Reference to appropriate committees of bills,
resolutions, petitions, memorials, remonstrances and other
20190HR0001PN0001 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
papers.
(13) Unfinished business on the Speaker's table.
(14) Announcements.
(15) Adjournment.
[The Chaplain offering the prayer shall be a member of a
regularly established church or religious organization or shall
be a member of the House of Representatives.]
Any question may, by a majority vote of the members elected,
be made a special order of business. When the time arrives for
its consideration, the Speaker shall lay the special order of
business before the House.
In lieu of offering House Resolutions on topics of importance
to members, any member, without unanimous consent, may address
the House on such issue and have his or her remarks entered into
the record during a special period of time established each week
by the Speaker at the conclusion of House business on a specific
day.
* * *
RULE 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
20190HR0001PN0001 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 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
that is [nine] six 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.] 1:00 P.M. of the
day that is [four] two 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. Rule 21 of the Rules of the House, insofar as it
applies to the filing deadline for amendments and notice
20190HR0001PN0001 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.] 1:00 P.M. on the day that is [four] two 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.] 1:00 P.M. 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
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
20190HR0001PN0001 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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.] 1:00 P.M. of the last legislative day preceding
the scheduled date of second consideration. Members shall be
notified of bills scheduled to be voted on third consideration.
A change in the printer's number as a result of third
consideration shall not require an additional notice of final
passage. No vote on final passage can occur before the date of
the scheduled vote.
(c) If the amendment cannot be submitted in accordance with
the above [paragraph] subsection because it is still being
prepared by the Legislative Reference Bureau, the member must
20190HR0001PN0001 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
provide the Office of the Chief Clerk with a statement, by the
above-noted [2:00 P.M.] 1:00 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.] 1:00 P.M.
deadline. The Legislative Reference Bureau may not issue a
certificate for an amendment to a bill as amended by another
amendment unless the requesting member can identify by number
the underlying amendment.
(d) In cases where an amendment alters a bill so as to
effectively rule out of order an amendment which was timely
filed pursuant to the provisions of this rule, a replacement
amendment may be submitted to the Office of the Chief Clerk
provided that the subject matter of the replacement amendment is
not substantially different from the intent of the original
amendment. The replacement amendment shall be deemed to have met
the timely filed conditions provided for in this rule. The
member shall notify the Speaker of the member's intent to file a
replacement amendment and shall file a certificate with the
Office of the Chief Clerk. The bill in question may continue to
receive consideration but shall not be moved to third
consideration until the replacement amendment is available for a
vote. If consideration of the bill is delayed to a new
legislative day due solely to delay in receipt of replacement
amendments, then only amendments timely filed for the date of
the originally scheduled vote and replacement amendments shall
be considered. This limitation on amendments shall not apply to
the bill in question if consideration of the bill is rescheduled
beyond the new legislative day.
20190HR0001PN0001 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(e) A bill may not receive action on concurrence until at
least 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 24
Third Consideration and Final Passage Bills
Bills on third consideration shall be considered in their
calendar order and shall be subject to amendment only when an
amendment is necessary to make the document internally
consistent, to clear up an ambiguity, to correct grammar or to
correct a drafting error or is necessary for purposes of
statutory construction. An amendment under this paragraph shall
not be subject to the filing deadlines under Rule 21. A bill
20190HR0001PN0001 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
having received consideration by the House on three different
days and having been agreed to may be called by the Speaker to
receive action on final passage; however, a bill may not receive
action on final passage until at least [24] 12 hours have
elapsed from the time the bill and its amendatory language was
available to the public, unless the amendment was a technical
amendment permitted under the first paragraph of this rule or an
affirmative vote of 2/3 of the members elected to the House
indicates that they have had sufficient time to review the
language of the bill and thereby approve proceeding with the
bill. Upon being called to receive action on final passage, the
title and a brief description of a bill shall be read. A bill on
final passage shall not be subject to amendment, but shall be
subject to debate. At the conclusion of debate, the Speaker
shall then state the question as follows:
"This bill has been considered on three different days and
agreed to and is now on final passage. The question is, shall
the bill pass finally? Agreeable to the provision of the
Constitution, the yeas and nays will now be taken."
When more than one bill shall be called for action on final
passage at the same time, prior to voting, the title or a brief
analysis of each bill shall be read.
The Speaker shall then state the question as follows:
"These bills have been considered on three different days and
agreed to and are now on final passage. The question is, shall
the bills on the uncontested calendar pass finally? Agreeable to
the provision of the Constitution, the yeas and nays will now be
taken."
* * *
RULE 30
20190HR0001PN0001 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Bills Amended by the Senate
When a bill or joint resolution has been amended by the
Senate and returned to the House for concurrence, it shall be
referred automatically to the Committee on Rules immediately
upon the reading of the message from the Senate by the Clerk.
The consideration of any bill or joint resolution containing
Senate amendments may include the amendment of Senate amendments
by the Committee on Rules. The vote on concurring in amendments
by the House to bills or joint resolutions amended by the Senate
shall not be taken until said bills or joint resolutions have
been favorably reported, as committed or as amended, by the
Committee on Rules.
When said bill or joint resolution has been favorably
reported by the Committee on Rules, either as committed or as
amended, said bill or joint resolution shall be placed on the
calendar. When acting on bills or joint resolutions amended by
the Senate, the bill and the amendments shall be read and the
question put on the concurrence in all amendments to the bill
since it was last considered by the House.
Any two members may object to the report of any bill or joint
resolution containing Senate amendments amended by the Committee
on Rules. The objection must be raised prior to the bill or
joint resolution being put to a roll call vote. The question
shall be decided by a majority vote of the members elected to
the House. If the House rejects the report of any such bill or
joint resolution, the bill or joint resolution shall be
automatically returned to the Committee on Rules as last passed
by the Senate.
The House shall not consider any proposed amendment to any
amendment made by the Senate to a bill or joint resolution, nor
20190HR0001PN0001 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
consider any amendment to any amendment made by the Committee on
Rules.
A majority vote of the members elected to the House taken by
yeas and nays shall be required to concur in amendments made by
the Senate, except for appropriations to charitable and
educational institutions not under the absolute control of the
Commonwealth, where a vote of two-thirds of all the members
elected to the House shall be required to concur. (Constitution,
Article III, Sections 5 and 30).
Unless the Majority Leader and the Minority Leader shall
agree otherwise, the offering of an amendment to Senate
amendments in the Committee on Rules shall not be in order until
at least one hour after the filing of a copy of the amendment as
prepared by the Legislative Reference Bureau with the office of
the Chief Clerk. Upon the filing of such an amendment, the Chief
Clerk shall immediately time stamp the amendment and forthwith
forward a time-stamped copy of the amendment to the offices of
the Majority Leader and the Minority Leader. Except as provided
under this [subsection] paragraph, it shall not be in order to
suspend or otherwise waive the requirements of this [subsection]
paragraph.
* * *
RULE 35
House and Concurrent Resolutions
Members introducing resolutions other than concurrent
resolutions shall file five copies thereof; seven copies of
concurrent resolutions shall be filed. All resolutions shall be
signed by their sponsors, dated and filed with the Chief Clerk.
After being numbered, one copy of all resolutions shall be given
to the news media and all other copies delivered to the Speaker.
20190HR0001PN0001 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
A sponsor may not be added or withdrawn after a resolution has
been printed. Resolutions may not be withdrawn after reference
to a committee.
Unless privileged under Rule 36 for immediate consideration
or deemed noncontroversial by the Speaker in consultation with
the Majority Leader and the Minority Leader, the Speaker shall
refer House resolutions (except discharge resolutions) and
Senate resolutions presented to the House for concurrence to
appropriate committees. No House resolution shall be deemed
noncontroversial if an indictment is returned or a charge is
filed before a court of record against the prime sponsor of the
resolution, and the gravamen of the indictment or charge is
directly related to his or her conduct as a member or is one
which would render the member ineligible to the General Assembly
under section 7 of Article II of the Constitution of
Pennsylvania. If, during the same legislative 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 may be the prime sponsor of subsequently
introduced House resolutions deemed noncontroversial as provided
in this rule.
House resolutions deemed noncontroversial, including, but not
limited to, condolence and congratulatory resolutions, shall be
considered under the proper order of business on the same day as
introduced or within two legislative days thereafter without
being referred to committee. The Speaker, in consultation with
the Majority Leader and the Minority Leader, shall place
noncontroversial resolutions, except condolence or
congratulatory resolutions, on an uncontested resolution
calendar. Resolutions on the uncontested calendar may be voted
20190HR0001PN0001 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
by a single roll-call vote. Each resolution listed on the
uncontested resolution calendar shall be printed separately in
the journal with the vote recorded on the approval of the
uncontested calendar as the vote on final passage of each
resolution contained therein.
The Speaker shall report to the House the committees to which
resolutions have been referred, either on the day introduced or
received or the next two legislative days the House is in
session.
A resolution introduced in the House and referred to
committee shall be printed and placed in the House files.
When a resolution (House or Senate) is reported from
committee, it shall be placed on the calendar and may be called
up by a member for consideration by the House under the order of
business of resolutions. A House resolution other than a
concurrent or joint resolution shall be adopted by a majority of
the members voting.
* * *
RULE 43
Standing Committees and Subcommittees
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.
20190HR0001PN0001 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20190HR0001PN0001 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
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,
20190HR0001PN0001 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 48 standing subcommittees.
All standing committees shall consist of [16] 15 members of
the majority party and [11] 10 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 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 Human Services
(b) Subcommittee on Education
(c) Subcommittee on Economic Impact and Infrastructure
20190HR0001PN0001 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
(c) Subcommittee on Economic Development
(d) Subcommittee on Small Business
(e) Subcommittee on Automation and Technology
(6) Consumer Affairs
(a) Subcommittee on Public Utilities
(b) Subcommittee on Telecommunications
(7) Education
(a) Subcommittee on Basic Education
(b) Subcommittee on Higher Education
(c) Subcommittee on Special Education
(d) Subcommittee on Career and Technical Education
(8) Environmental Resources and Energy
(a) Subcommittee on Energy
(b) Subcommittee on Mining
(c) Subcommittee on Parks and Forests
(9) Finance
(a) Subcommittee on Tax Modernization and Reform
(10) Game and Fisheries
(11) Gaming Oversight
(12) Health
(a) Subcommittee on Health Facilities
(b) Subcommittee on Health Care
(13) Human Services
20190HR0001PN0001 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
(c) Subcommittee on Family Law
(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
(c) Subcommittee on Townships
(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
(c) Subcommittee on Travel Promotion, History and
Heritage
(22) Transportation
(a) Subcommittee on Highways
(b) Subcommittee on Public Transportation
(c) Subcommittee on Transportation Safety
(d) Subcommittee on Aviation
(e) Subcommittee on Railroads
20190HR0001PN0001 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(23) Urban Affairs
(a) Subcommittee on Cities, Counties - First Class
(b) Subcommittee on Cities, Counties - Second Class
(c) Subcommittee on Cities, Third 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
subcommittee shall consist of the chair and minority chair of
its parent standing committee, 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
20190HR0001PN0001 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 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
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
20190HR0001PN0001 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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.
20190HR0001PN0001 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
In the event that a chair of a standing committee is absent,
unless a vice-chair or subcommittee chair would be precluded
from acting as chair by Rule 47, 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
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
20190HR0001PN0001 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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.
20190HR0001PN0001 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20190HR0001PN0001 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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] 11 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
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
20190HR0001PN0001 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 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
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
20190HR0001PN0001 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 45 (a)
Government Oversight Committee
The Government Oversight Committee shall consist of nine
members, five of whom shall be members of the majority party
appointed by the Majority Leader and four of whom shall be
members of the minority party appointed by the Minority Leader.
The Majority Leader shall appoint the chair and secretary for
the committee. The Minority Leader shall appoint the minority
chair for the committee. A majority of the members of the
committee shall constitute a quorum.
The members of the committee shall first meet upon the call
20190HR0001PN0001 - 34 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of the chair and perfect its organization. The committee shall
have the power to promulgate rules not inconsistent with this
rule or the Rules of the House that may be necessary for the
orderly conduct of its business.
The chair of the committee shall notify all members on 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.
The committee shall be authorized and empowered to do all of
the following:
(1) Conduct hearings at any place in this Commonwealth to
investigate any matter referred to the committee by the Speaker,
the Majority Leader or the Minority Leader. Referred matters
shall relate to executive agencies and administrative actions
and may not include matters which are:
(a) under the jurisdiction of the Committee on Ethics;
(b) under the jurisdiction of the Committee on
Appropriations, except matters which may incidentally include
information related to expenditures of public money; or
(c) within the scope of an adopted House resolution
authorizing and empowering a standing committee, subcommittee or
select committee to investigate any matter.
Unless in conflict with the provisions of this rule, Rule 51
shall be applicable to hearings of the committee concerning
referred matters.
(2) Any action necessary to fulfill any assignment or duty
given to the committee by any resolution or other rule of the
House.
The committee may issue subpoenas for documents or testimony
20190HR0001PN0001 - 35 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
as part of the investigation of any matter referred to the
committee. Notwithstanding 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
attested by another member of the committee who voted in favor
of either authorizing the subpoena or authorizing the chair to
issue subpoenas.
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 other 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 the 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. All subpoenaed items
shall be maintained and returned in accordance with Rule 51.
Mileage and witness fees shall be paid by the House to the
witness in an amount prescribed by law. 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. 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 power to administer
oaths and affirmations to witnesses appearing before the
committee.
20190HR0001PN0001 - 36 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Upon completion of the investigation of any matter referred
to the committee, the committee shall file a final report with
the House. A final report of a referred matter shall not be
considered in the committee unless the report has been available
to committee members for at least three days before
consideration, excluding Saturdays, Sundays, and legal holidays,
unless the House is in session on those days. A report on a
referred matter shall be adopted by a majority vote of the
committee members to which the committee is entitled, present at
a committee session actually assembled and meeting as a
committee. Members of the 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.
The committee shall not continue to exist after sine die
adjournment of the General Assembly. Investigation of any
referred matter before the committee that has 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 a
referred matter investigated by the former committee.
20190HR0001PN0001 - 37 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
RULE 47
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 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 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, 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
20190HR0001PN0001 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
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 embezzlement of public moneys, bribery or perjury,
and upon imposition of sentence, the member shall no longer be
eligible to serve in the General Assembly.
* * *
RULE 64
Members Required to be Present and Vote
Every member shall be present within the Hall of the House
during its sittings, unless excused by the House or unavoidably
prevented, and shall vote for or against each question put,
unless he or she has a direct personal or pecuniary interest in
the determination of the question or unless excused.
A member may exit the Hall of the House for brief periods
without being placed on leave to attend to the member's
immediate personal needs. In such instances, the member shall
not leave the vicinity of the Hall of the House in the Capitol
Complex and shall return to the Hall of the House promptly if
requested.
No member shall be permitted to vote and have his or her vote
recorded on the roll unless present in the Hall of the House
during the roll call vote[.], except that a member may provide
direction for his or her vote if the member is in the vicinity
of the Hall of the House in the Capitol Complex attending to the
member's immediate personal need.
The Legislative Journal shall show the result of each roll
20190HR0001PN0001 - 39 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
call by yeas and nays and those absent and those not voting.
* * *
RULE 65 (b)
Financial Interests in Gaming Entities
Annually, on or before April 30, every member shall file an
[affidavit] attestation with the Chief Clerk, on a form provided
by the Chief Clerk, affirming that neither the member nor an
immediate family member of the member holds a financial interest
in violation of 4 Pa.C.S. § 1512 (relating to financial and
employment interests).
For purposes of this rule, "immediate family member" shall
mean a spouse, minor child or unemancipated child.
* * *
RULE 77
Suspending and Changing Rules
Unless otherwise specified in another rule, any rule of the
House, which is not required by the Constitution, may be
temporarily suspended at any time for a specific purpose only by
a vote of two-thirds of the members elected to the House by a
roll call vote. If a rule requires a greater majority than a
two-thirds vote of the members elected to the House to take an
action, that majority greater than two-thirds vote of the
members elected to the House specified in the rule shall be
required to suspend that rule.
A motion to suspend the rules may not be laid on the table,
postponed, committed or amended and may be debated by the
majority leader, the minority leader, the maker of the motion,
the maker of the amendment under consideration and the prime
sponsor of the bill under consideration.
A brief description of the underlying bill or amendment shall
20190HR0001PN0001 - 40 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
be given whenever a member moves to suspend the rules of the
House in order to consider such bill or amendment.
The existing rules of the House shall not be changed, added
to, modified or deleted except by written resolution and the
same approved by a majority vote of the members elected to the
House by a roll call vote.
Except where such resolution originates with the Committee on
Rules, no resolution proposing any change, addition,
modification or deletion to existing House rules shall be
considered until such resolution has been referred to the
Committee on Rules, reported therefrom, printed, filed on the
desk of each member and placed on the calendar.
Any proposed change, addition, modification or deletion
offered by a member on the floor of the House to such resolution
shall be considered, in effect, a change, addition, modification
or deletion to existing House rules and shall require for
approval a majority vote of the members by a roll call vote.
* * *
ETHICAL AND PROFESSIONAL CONDUCT RULES OF
THE HOUSE OF REPRESENTATIVES
RULE 1 E
Definitions
The following words and phrases when used in the Ethical and
Professional 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,
20190HR0001PN0001 - 41 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
political party, political committee, campaign, campaign
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.
20190HR0001PN0001 - 42 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Campaign contribution." A monetary or in-kind contribution
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.
"Committee." The Committee on Ethics of the House of
Representatives.
"Candidate." An individual seeking nomination, election or
re-election to an elective office.
"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.
"Employer." The term includes the following:
(1) An officer of the House.
(2) The Office of the Speaker of the House of
20190HR0001PN0001 - 43 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Representatives.
(3) The House Republican Caucus.
(4) The House Democratic Caucus.
"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
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
20190HR0001PN0001 - 44 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
"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,
20190HR0001PN0001 - 45 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
"Restricted period." The 60-day period immediately
preceding:
(1) a primary or general election in an even-numbered year;
or
(2) an election at which the Member is a candidate.
"Sexual harassment." Unwelcome sexual advances, requests for
sexual favors or other verbal or physical conduct of a sexual
nature.
"Subject." A person against whom a complaint has been filed
with the Committee.
RULE 2 E
Ethical 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:
(a) House employees are permitted to engage in campaign
activities on their own time.
(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
20190HR0001PN0001 - 46 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(c) No House employee may be allocated any leave time
for time spent engaging in campaign activities on his or her
own time.
(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.
(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 benefits during the
duration of his or her candidacy unless the employee
voluntarily leaves House employment.
(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:
(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.
(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.
(iii) A Member or House employee may engage in
20190HR0001PN0001 - 47 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
political conversation in the natural course of personal
communication.
(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.
(h) No House employee may be required to make a campaign
contribution as a condition of employment or continued
employment.
(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.
(j) No House employee who agrees or offers to
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.
(k) A House employee who refuses to participate in a
campaign activity or to make a campaign contribution shall
not be [sanctioned] subject to retaliation for that refusal.
(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.
(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
20190HR0001PN0001 - 48 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
political body.
(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.
(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 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
(c) which consists entirely of news releases to the
communications media.
(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.
(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.
(5) A House employee who refuses to perform a task unrelated
to the House employee's official duties while on House work time
20190HR0001PN0001 - 49 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall not be sanctioned for that refusal.
(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
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] subsection 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.
(8) The following apply:
(a) No Member or officer of the House shall retaliate
against a House employee or another Member or officer of the
House in response to any of the following actions taken in
good faith:
(i) Filing:
(A) a complaint of unethical conduct under the
Legislative Code of Ethics or Rules of the House;
(B) a complaint of unethical or illegal conduct
with the State Ethics Commission; or
(C) a criminal complaint relating to illegal
conduct with a law enforcement agency.
(ii) Participating in an investigation in connection
with or a proceeding resulting from the filing of a
complaint under subparagraph (i).
(b) Nothing under paragraph (a) shall be construed to
prevent action against a Member or officer of the House who
20190HR0001PN0001 - 50 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
is subject to a complaint of unethical or illegal conduct.
RULE 2.1 E
Professional Conduct
(1) No Member or officer of the House shall do any of the
following:
(a) Use the submission to or rejection by a House
employee of conduct constituting sexual harassment as a basis
for an employment decision affecting the employee.
(b) Make submission to conduct constituting sexual
harassment, either explicitly or implicitly, a term or
condition of a House employee's employment.
(c) Engage in conduct constituting sexual harassment
that is so frequent or severe that it creates a hostile or
offensive work environment for a House employee or another
Member or officer of the House.
(2) No Member or officer of the House shall retaliate
against a House employee or another Member or officer of the
House in response to any of the following actions taken in good
faith:
(a) Filing:
(i) a complaint of sexual harassment under Rules of
the House or the policies and procedures of an employer;
(ii) a charge of sex discrimination relating to
sexual harassment with a government agency or commission
charged with enforcing laws relating to sex
discrimination;
(iii) a civil action relating to sexual harassment
in a court of competent jurisdiction; or
(iv) a criminal complaint relating to sexual
harassment with a law enforcement agency.
20190HR0001PN0001 - 51 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Participating in an investigation in connection with
or proceedings resulting from the filing of a complaint or
proceeding under paragraph (a).
(3) Nothing under subsection (2) shall be construed to
prevent action against a Member or officer of the House who is
the subject of a complaint or proceeding related to sexual
harassment.
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
20190HR0001PN0001 - 52 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
20190HR0001PN0001 - 53 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
and one hour of sexual harassment and discrimination in the
workplace 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] the education and training 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
20190HR0001PN0001 - 54 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
faith on an opinion issued under this paragraph shall be subject
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 and complaints against
Members and officers of the House for violations of Rule 2.1 E.
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 or violation. 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 or Rule 2.1 E,
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 or violation;
(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
20190HR0001PN0001 - 55 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
election occurring at the expiration of the restricted period.
Within 30 days following receipt of a complaint over which
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 or a violation of Rule 2.1 E;
(b) is objectively baseless;
(c) is insufficient as to form;
(d) is a frivolous complaint; or
(2) initiate a preliminary investigation of the alleged
unethical conduct or violation.
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.
If the Committee initiates a preliminary investigation of a
complaint of a violation under Rule 2.1 E, it shall also send to
the appropriate employer a copy of the letter sent to the
subject setting forth each allegation in the complaint. Upon the
request of the complainant, the employer shall make adjustments
20190HR0001PN0001 - 56 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to the complainant's work hours, assignment or duties or
location that may be appropriate under the circumstances of the
allegations in the complaint. The adjustments may include:
(1) removing the complainant or the subject from the
physical work location of the complainant;
(2) allowing the complainant to be placed on administrative
leave with continued pay and benefits, if applicable; or
(3) any other reasonable accommodation agreed to by the
employer and the complainant.
The employer shall keep the letter and the fact of the
initiation of a preliminary investigation confidential but may
disclose necessary information to Members, officers of the House
or House employees as needed in order to implement the foregoing
adjustments. No House employee shall retaliate or take adverse
actions against the complainant in response to the filing of a
complaint of a violation of Rule 2.1 E with the Committee.
A member of the Committee who is the complainant, the subject
or a witness to the unethical conduct or violation 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
for lack of probable cause to support the alleged unethical
conduct or violation 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.
20190HR0001PN0001 - 57 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
If the Committee votes to proceed with a formal
investigation, the Committee shall engage an independent counsel
unless the Committee determines that the alleged unethical
conduct or violation 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 or
violation of Rule 2.1 E; 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.
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
20190HR0001PN0001 - 58 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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.
20190HR0001PN0001 - 59 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 or violation 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,
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
20190HR0001PN0001 - 60 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 or
violation 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
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
20190HR0001PN0001 - 61 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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, except for a hearing on complaints
of a violation of Rule 2.1 E, 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 Committee may make
an appropriate referral of a complaint to a law enforcement
agency 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]
(1.1) consent agreements and final findings by the
Committee of a violation of Rule 2.1 E shall not be
20190HR0001PN0001 - 62 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
confidential, except that at the request of a complainant,
the name of the complainant and, unless the House considers a
resolution to discipline the subject, any facts that may lead
to the identification of the complainant, including the name
of the subject, shall be redacted before an agreement or
final findings of the Committee are made public;
(2) the subject may, in his or her discretion, make
public a finding by the Committee that no unethical conduct
or violation of Rule 2.1 E had occurred or that there was
insufficient evidence presented to the Committee that
unethical conduct or a violation of Rule 2.1 E had
occurred[.], except that the subject shall not make public
the name of a complainant who filed a complaint alleging a
violation of Rule 2.1 E; and
(3) if the Committee makes a referral of a complaint to
a law enforcement agency, the Committee may provide the
agency with copies of documents and information in its
possession.
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.
A nondisclosure agreement shall not be imposed on an
individual as a condition of the initiation of the procedures
available under this rule for the filing and hearing of a
complaint of a violation of Rule 2.1 E. Nothing in this
paragraph shall be construed to prohibit the complainant and the
subject from voluntarily entering into a settlement agreement
with a nondisclosure provision agreed to by each party as part
of the settlement of a complaint or proceeding. Notwithstanding
20190HR0001PN0001 - 63 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the foregoing, a Member who is the subject of a complaint of a
violation of Rule 2.1 E filed with the Committee shall not
benefit from a nondisclosure agreement or provision if a
completed formal investigation of the Committee finds that the
complaint is credible or a final decision by the Committee finds
a violation.
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 or violation of
Rule 2.1 E 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.
20190HR0001PN0001 - 64 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20