PRINTER'S NO. 4
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
3
Session of
2021
INTRODUCED BY BENNINGHOFF, JANUARY 5, 2021
INTRODUCED, JANUARY 5, 2021
A RESOLUTION
Adopting permanent rules for the House of Representatives,
further providing for time of meeting, for order of business,
for fiscal notes, for general appropriation bill and non-
preferred bills, for consideration of bills, for amendments,
for bills amended by the Senate, for hospital and home
appropriations or acquiring lands of the Commonwealth, for
House and concurrent resolutions, for standing committees and
subcommittees, for powers and duties of standing committees
and subcommittees, for Government Oversight Committee, for
investigations, for privileged motions, for lay on the table,
for division of a question, for financial interests in gaming
entities, for electric roll call and for Committee on Ethics;
and providing for temporary rules relating to roll call
votes, to voting meetings of committees, to consideration of
bills, third consideration and final passage bills and
conference committee reports and remote participation.
RESOLVED, That the Permanent Rules of the House of
Representatives (2019-2020) be adopted as the Permanent Rules of
the House of Representatives for the 2021-2022 session of the
House of Representatives with the following amendments to the
heading and Rules 15, 17, 19 (a), 19 (b), 21, 27, 30, 32, 35,
43, 45, 45 (a), 51, 55, 59, 63, 65 (b), 66 and 3 E and the
addition of Rules 1 T, 2 T, 3 T, 4 T, 5 T and 6 T:
[2019-2020] 2021-2022
GENERAL OPERATING RULES
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OF THE HOUSE OF REPRESENTATIVES
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RULE 15
Time of Meeting
The House shall convene on the first legislative day of the
week at [1:00 P.M.] 12:00 noon prevailing time, unless otherwise
ordered by a roll call vote of the majority of those elected to
the House.
On other days the House shall convene at the discretion of
the House. No session of the House may begin before 8:00 A.M.
nor may any roll call votes be taken after 11:00 P.M. unless
exigent circumstances exist, as determined by an affirmative
vote of three-fourths of the members elected to the House, by a
roll call vote on a motion to extend session. A motion to extend
session may be made to extend session generally or to conclude
business on a specific question or questions. If a motion to
extend session is made prior to 10:15 P.M. and a roll call vote
has not been ordered, the arrival of 10:45 P.M. shall put an end
to all debate and shall bring the House to an immediate roll
call vote on the question to extend session. Nothing in this
rule shall prevent the House from conducting administrative
matters, including the making of announcements regarding the
House schedule for the benefit of members or in order to comply
with 65 Pa.C.S. § 709 (relating to public notice) after 11:00
P.M. Upon the Speaker's determination that all administrative
matters are concluded, the Speaker shall adjourn the House.
RULE 17
Order of Business
The daily order of business shall be:
(1) Prayer.
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(2) Pledge of Allegiance.
(3) Correction and approval of the Journal.
(4) Leaves of absence.
(5) Master Roll Call.
(6) Reports of Committee.
(7) First consideration bills.
(8) Second consideration bills.
(9) Third consideration bills, final passage bills
(including both third consideration and final passage postponed
bills) and resolutions.
(10) Final passage bills recalled from the Governor.
(11) Messages from the Senate and communications from the
Governor.
(12) Reference to appropriate committees of bills,
resolutions, petitions, memorials, remonstrances and other
papers.
(13) Unfinished business on the Speaker's table.
(14) Announcements.
(15) Adjournment.
Any question may, by a majority vote of the members elected,
be made a special order of business. When the time arrives for
its consideration, the Speaker shall lay the special order of
business before the House.
In lieu of offering House Resolutions on topics of importance
to members, any member, without unanimous consent, may address
the House on such issue and have his or her remarks entered into
the record during a special period of time established each week
by the Speaker either prior to, or at the conclusion of, House
business on a specific day.
RULE 19 (a)
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Fiscal Notes
(1) No bill, except a General Appropriation bill or any
amendments thereto, which may require an expenditure of
Commonwealth funds or funds of any political subdivision or
which may entail a loss of revenues overall, or to any
separately established fund shall be given third consideration
reading on the calendar until it has first been referred to the
Appropriations Committee for a fiscal note, provided however
that the Rules Committee may by an affirmative vote of three-
quarters of the entire membership to which such committee is
entitled:
(a) Waive the recommittal to the Appropriations
Committee and provide that the fiscal note be attached to the
bill while on the active calendar. The providing of such note
shall be a priority item for the Appropriations Committee; or
(b) Waive the necessity of a fiscal note on any bill
which it deems to have a de minimis fiscal impact or which
merely authorizes, rather than mandates, an increase in
expenditures or an action that would result in a loss of
revenue.
(2) Nothing herein shall preclude any member from moving, at
the proper time, the recommittal of any bill to the
Appropriations Committee for a fiscal note.
(3) The Appropriations Committee shall be limited in its
consideration of any such bill which has received second
consideration to the fiscal aspects of the bill and shall not
consider the substantive merits of the bill nor refuse to report
any such bill from committee for reasons other than fiscal
aspects. The fiscal note shall accompany the bill and provide
the following information in connection with the Commonwealth
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and its political subdivisions:
(a) The designation of the fund out of which the
appropriation providing for expenditures under the bill shall
be made;
(b) The probable cost of the bill for the fiscal year of
its enactment;
(c) A projected cost estimate of the program for each of
the five succeeding fiscal years;
(d) The fiscal history of the program for which
expenditures are to be made;
(e) The probable loss of revenue from the bill for the
fiscal year of its enactment;
(f) A projected loss of revenue estimate from the bill
for each of the five succeeding fiscal years;
(g) The line item, if any, of the General Fund, special
fund or other account out of which expenditures or losses of
Commonwealth funds shall occur as a result of the bill;
(h) The recommendation, if any, of the Appropriations
Committee and the reasons therefor relative to the passage or
defeat of the bill; and
(i) A reference to the source of the data from which the
foregoing fiscal information was obtained, and an explanation
of the basis upon which it is computed.
(4) No bill which may result in an increase in the
expenditure of Commonwealth funds shall be given third
consideration reading on the calendar until the Appropriations
Committee has certified that provision has been made to
appropriate funds equal to such increased expenditure. Whenever
the Appropriations Committee cannot so certify, the bill shall
be returned to the committee from which it was last reported for
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further consideration and/or amendment.
(5) No amendment to a bill, concurrences in Senate
amendments, or adoption of a conference report which may result
in an increase in the expenditure of Commonwealth funds or those
of a political subdivision or which may entail a loss of
revenues in addition to that originally provided for in the bill
prior to the proposed changes nor any bill requiring a fiscal
note for which re-referral to the Appropriations Committee has
been waived by the Rules Committee shall be voted upon until a
fiscal note is available for distribution to the members with
respect to such changes or to such bill showing the fiscal
effect of the changes with respect to the bill, and containing
the information set forth by subsection (3) of this rule.
(6) When an amendment or certificate is timely filed with
the amendment clerk under Rule 21, the amendment or certificate
shall be forwarded to the Appropriations Committee. Upon receipt
of an amendment, the Appropriations Committee shall
automatically prepare a fiscal note.
(7) In obtaining the information required by these rules,
the Appropriations Committee may utilize the services of the
Office of the Budget and any other State agency as may be
necessary.
(8) [Any bill proposing any change relative to the
retirement system of the Commonwealth or any political
subdivision thereof, funded in whole or in part out of the
public funds of the Commonwealth or any political subdivision,
shall have attached to it an actuarial note.] No bill proposing
any change relative to a public employee pension or retirement
plan may be given second consideration until an actuarial note
prepared by an enrolled pension actuary as provided in Section
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615-B of the Administrative Code of 1929 has been attached. No
amendment to any bill proposing any change relative to a public
employee pension or retirement plan may be considered until an
actuarial note prepared by an enrolled pension actuary as
provided in Section 615-B of the Administrative Code of 1929 has
been attached. Except for the provisions pertaining to the
content of fiscal notes as set forth in paragraphs (a) through
(i) of subsection (3), all the provisions pertaining to and
procedures required of bills containing fiscal notes, shall,
where applicable, also be required for bills containing
actuarial note. The actuarial note shall contain a brief
explanatory statement or note which shall include a reliable
estimate of the financial and actuarial effect of the proposed
change [in any such retirement system] to such public employee
pension or retirement plan.
RULE 19 (b)
General Appropriation Bill and Non-Preferred Bills
This rule shall apply to all amendments offered to the
General Appropriation Bill for each proposed fiscal year
including any amendments offered to or for supplemental
appropriations to prior fiscal years contained within the
General Appropriation Bill, and shall also apply to all
amendments offered to any non-preferred appropriation bill for
the same fiscal year.
Any amendment offered on the floor of the House to the
General Appropriation Bill that proposes to increase spending of
State dollars for the Commonwealth's proposed fiscal year or
prior fiscal years above the levels contained in the General
Appropriation Bill as reported from the Appropriations Committee
plus any aggregate if certified each year by the Appropriations
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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.
The Appropriations Committee shall have full power and
control over any General Appropriation Bill, supplemental
appropriation bill, or non-preferred appropriation bill,
including the amendment of House amendments.
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 [six] five 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 1:00 P.M. of the day that is
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
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filing deadline for amendments and notice requirements for the
voting schedule for the General Appropriation Bill, shall not
apply to this rule. Rule 21 shall, however, apply to the non-
preferred appropriation bills.
If the amendment cannot be submitted in accordance with the
provision of the previous paragraph because it is still being
prepared by the Legislative Reference Bureau, the member must,
by 1:00 P.M. on the day that is 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 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
(a) Every bill and every joint resolution shall be
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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 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 subsection because it is still being prepared by the
Legislative Reference Bureau, the member must provide the Office
of the Chief Clerk with a statement, by the above-noted 1:00
P.M. deadline, prepared by the member containing the factual
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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 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.
(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
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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] 12 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 27
Amendments
No bill shall be amended so as to change its original
purpose. (Constitution, Article III, Section 1).
No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment.
Any member may move to amend a bill or resolution, provided
the proposed amendment is germane to the subject. Questions
involving whether an amendment is germane to the subject shall
be decided by the House.
No amendment to an amendment shall be admitted nor
considered.
The sponsor of an amendment shall explain the amendment prior
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to consideration by the House.
Before consideration, [nine] six typewritten copies of a
proposed amendment signed by its sponsor shall be [presented to
the Speaker] submitted to the Office of the Chief Clerk, one
copy of which shall be delivered to the news media and a printed
copy in typewritten form prepared by the Legislative Reference
Bureau shall be placed on the desk of each member if the
amendment is not available on the Legislative Data Processing
floor system.
Amendments adopted or defeated may not be considered again
without first reconsidering the vote.
RULE 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
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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
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
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Leader. Except as provided under this paragraph, it shall not be
in order to suspend or otherwise waive the requirements of this
paragraph.
RULE 32
Hospital and Home Appropriations or
Acquiring Lands of the Commonwealth
No bills appropriating moneys to State-aided hospitals or
State-aided homes shall be introduced in the House, except such
as appropriate in single bills the total sum to be appropriated
to all of the institutions within the same class or group.
Requests for appropriations for particular State-aided hospitals
or State-aided homes shall be filed with the Chair of the
Committee on Appropriations on forms to be furnished by the said
Committee on Appropriations, and shall be signed by the member
requesting the appropriation.
No bill granting or conveying Commonwealth lands or taking
title thereto shall be reported by any committee to the House,
nor shall an amendment making substantive changes to such a bill
be offered on the floor of the House, unless there has been
filed with the Chief Clerk and the chair of the reporting
committee a memorandum from the Department of General Services
indicating the use to which the property is presently employed,
the full consideration for the transfer, if any, a departmental
appraisal of the property, including its valuation and a list of
recorded liens and encumbrances, if any, the use to which the
property will be employed upon its transfer, the date by which
the land is needed for its new use, and the legislative district
or districts in which the land is located. The memorandum shall
contain a statement by a responsible person in the Department of
General Services indicating whether or not the administration
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favors the transfer which is the subject of the bill under
consideration.
RULE 35
House and Concurrent Resolutions
Members introducing resolutions other than concurrent
resolutions shall file five copies thereof; seven copies of
concurrent resolutions shall be filed. All resolutions shall be
signed by their sponsors, dated and filed with the Chief Clerk.
After being numbered, one copy of all resolutions shall be given
to the news media and all other copies delivered to the Speaker.
A sponsor may not be added or withdrawn after a resolution has
been printed. Resolutions may not be withdrawn after reference
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
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in this rule.
House resolutions deemed noncontroversial[, including, but
not limited to,] shall be limited to condolence [and
congratulatory] resolutions[,] for current or former public
officials, or for members of the armed services or emergency
first responders killed in the line of duty, and 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
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.
A House resolution other than a concurrent or joint
resolution shall not:
(a) r ecognize or designate a day or other period of time
which is not a Federal or Pennsylvania state holiday for any
purpose;
(b) e ncourage action on a public issue unless either the
resolution has legal force or effect concerning such action or
such action would be taken by a public body;
(c) c ongratulate individuals or entities for achievements;
or
(d) b e offered for any non-legislative purpose or function.
The Speaker shall report to the House the committees to which
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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.
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
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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
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
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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,
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
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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 25 members except the Committee on Appropriations, which
shall consist of 37 members, are hereby created. In addition,
there are hereby created [50] 56 standing subcommittees.
All standing committees shall consist of 15 members of the
majority party and 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
(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
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(d) Subcommittee on Small Business
(e) Subcommittee on Automation and Technology
(6) Consumer Affairs
(a) Subcommittee on Public Utilities
(b) Subcommittee on [Telecommunications] Consumer
Protection
(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
(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
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(16) Labor and Industry
(a) Subcommittee on Employment and Unemployment
Compensation
(b) Subcommittee on Workers Compensation and Worker
Protection
(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] Government
Information Technology and Communication
(c) Subcommittee on Government Integrity and
Transparency
(d) Subcommittee on Public Pensions, Benefits and Risk
Management
(e) Subcommittee on Campaign Finance and Elections
(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
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(c) Subcommittee on Transportation Safety
(d) Subcommittee on Aviation
(e) Subcommittee on Railroads
(f) Subcommittee on Ports
(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 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
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
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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.
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
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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
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.
The chair of each standing committee shall have the power to
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administer oaths and affirmations to witnesses appearing before
the committee.
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 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
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
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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
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
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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
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
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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
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
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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.
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,
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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] sine die adjournment of the General Assembly
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.
RULE 51
Investigations
Any standing committee, subcommittee or select committee,
upon resolution introduced and approved by majority vote of the
House, may be authorized and empowered to conduct hearings at
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any place in the Commonwealth to investigate any matter provided
for in such resolution. When authorized by such a resolution, or
when approved by the Speaker upon application by the standing
committee, subcommittee or select committee authorized to
conduct an investigation pursuant to this rule, such committee
shall be empowered to issue subpoenas under the hand and seal of
the chair thereof commanding any person to appear before it and
answer questions touching matters properly being inquired into
by the committee and produce such books, papers, records,
accounts, reports, documents and data and information produced
and stored by an 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. Where any person
willfully neglects or refuses to comply with any subpoena issued
by the committee or refuses to testify before the committee on
any matter regarding which the person may be lawfully
interrogated, it shall be the duty of the committee to report
such disobedience or refusal to the House of Representatives,
and such person shall be subject to the penalties provided by
the laws of the Commonwealth in such cases. All such subpoenaed
books, papers, records, accounts, reports, documents and data
and information produced and stored by any electronic data
processing system shall be returned to the person from whom such
material was subpoenaed when the committee has completed its
examination of such material, but in no event later than the
date on which the committee completes its investigation. Such
material, or any information derived therefrom not a part of
public sessions of the committee, shall not be turned over to
any person or authority without the consent of the person from
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whom such material was subpoenaed. Each member of the committee
shall have power to administer oaths and affirmations to
witnesses appearing before the committee. The Sergeant-at-Arms
of the Legislature or other person designated by the committee
shall serve any subpoenas issued by the committee, when directed
to do so by the committee. The subpoena shall be addressed to
the witness, state that such proceeding is before a committee of
the House at which the witness is required to attend and testify
at a time and place certain and be signed by the chair of the
committee commanding attendance of such witness. Mileage and
witness fees shall be paid to such witness in an amount
prescribed by law.
The chair of the investigative hearing shall call the
committee to order and announce in an opening statement the
subject or purposes of the investigation.
A copy of this rule shall be made available to the witnesses
at least three calendar days prior to his or her scheduled
testimony. Witnesses at investigative hearings, may be
accompanied by their own counsel for the purpose of advising
them concerning their constitutional rights. The chair, for
breaches of order or decorum or of professional ethics on the
part of counsel, may exclude counsel from the hearing. Counsel
may interpose legal objection to any and all questions which in
the opinion of counsel may violate the civil or constitutional
rights of his or her clients.
If the committee determines that evidence or testimony at an
investigative hearing may tend to defame, degrade or incriminate
any person, it shall:
(1) receive such evidence or testimony in executive session;
(2) afford such person an opportunity voluntarily to appear
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as a witness; and
(3) receive and dispose of requests from such person to
subpoena additional witnesses.
No evidence or testimony taken in executive session may be
released to any person or authority or used in public sessions
without the consent of the committee.
Proceedings of all public hearings shall be either
stenographically or electronically recorded. The committee shall
determine which parts of such recorded proceedings, if any,
shall be transcribed and four copies thereof shall be
distributed and additional copies made available as provided in
Rule 50. Such stenographic or electronic records shall be
preserved by the Chief Clerk until directed to dispose of same
by an affirmative vote of three-quarters of the entire
membership of the Rules Committee and shall be made available to
any member upon written request for the purpose of transcription
at that member's expense. Any transcribed records and any
reports of the committee shall be filed with the Chief Clerk or
a designee and shall be made available to any person in
accordance with reasonable rules and regulations prescribed by
the Chief Clerk.
Upon payment of a reasonable cost to be determined by the
Chief Clerk, a person may obtain a copy of the transcript of any
testimony given at a public session or, if given at an executive
session when authorized by the committee. All standing
committees, subcommittees, special committees or commissions
which are authorized to hold public hearings and investigations
shall file a final report before being discharged of delegated
responsibilities.
RULE 55
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Privileged Motions
When a question is under debate or before the House, no
motion shall be received but the following, which shall take
precedence in the order named:
(1) To adjourn, or recess.
(2) To extend session.
(3) A call of the House.
(4) [To lay on the table] For the previous question.
(5) [For the previous question] To lay on the table.
(6) To postpone.
(7) To commit or recommit.
(8) To amend.
Debate on the motion to postpone shall be confined to the
question of the postponement and shall not include discussion of
the main question.
The motion to commit or recommit is open to debate only as to
the reasons for or against reference to committee and shall not
include a discussion of the merits of the main question.
Debate on the motion to amend shall be limited to the
amendment and shall not include the general merits of the main
question.
RULE 59
Lay on the Table
A motion to lay on the table is debatable 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. It is not subject to amendment and
carries with it the main question and all other pending
questions which adhere to it, except when an appeal is laid on
the table. The passage of a motion to lay an amendment on the
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table shall not cause the subject bill or resolution and all
other amendments to be laid on the table.
RULE 63
Division of a Question
Any member may call for a division of a question by the
House, if it comprehends propositions so distinct and separate
that one being taken away, the other will stand as a complete
proposition for the decision of the House. Bills and resolutions
shall not be subject to division.
[A motion to strike out and insert is indivisible, but a
motion to strike out being lost shall neither preclude amendment
nor a motion to strike out and insert.]
RULE 65 (b)
Financial Interests in Gaming Entities
Annually, on or before April 30, every member shall file an
attestation, in electronic or paper form, 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 66
Electric Roll Call
The names of the members shall be listed on the electric roll
call boards by party affiliation in alphabetical order, except
the name of the Speaker shall be last.
On any question requiring the "yeas" and "nays", the electric
roll call system shall be used. On all other questions to be
voted upon, the Speaker may order the yeas and nays taken by the
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electric roll call system or voice vote or, upon demand of two
members before the result of a vote has been declared, the yeas
and nays shall be taken by the electric roll call system.
In the event the electric roll call system is not in
operating order, the Speaker shall order all yea and nay votes
be taken by calling the roll, as provided in the Rules of the
House.
The vote of any member which has not been recorded because of
mechanical malfunction of the electric roll call system shall be
entered on the Journal, if said member was in the Hall of the
House at the time of the vote and did cast his or her vote at
the appropriate time, and the fact of such malfunction is
reported to the Speaker of the House prior to the announcement
of the result of the vote.
When the House is ready to vote upon any question requiring
the yeas and nays and the vote is to be taken by the electric
roll call system, the Speaker shall state: "The
question .............. (Designating the matter to be voted
upon.)" The Speaker shall then unlock the voting machine and
announce, "The members shall now proceed to vote." Once the
voting has begun, it shall not be interrupted, except for the
purpose of questioning the validity of a member's vote or, if
the voting switch of a member present in the Hall of the House
is locked or otherwise inoperative, a request that such switch
be rendered operative or such members vote be officially
recorded, before the result is announced.
When, in the judgment of the Speaker, reasonable time has
been allowed all members present in the House to vote (in no
event shall such time exceed ten minutes) the Speaker shall ask
the question: "Have all members present voted?" After a pause,
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the Speaker shall lock the machine and instruct the Clerk to
record the vote, and the Speaker shall announce the result of
the vote.
No member or other person shall be allowed at the Clerk's
desk while the yeas and nays are being recorded, or the vote
counted.
After the voting machine is locked, no member may change a
vote and the votes of tardy members will not be recorded.
The vote as electrically recorded on the roll of members
shall not in any manner be altered or changed by any person.
Except as provided in [this rule] the rules of the House, no
member shall vote for another member, nor shall any person not a
member vote for a member.
Any member or other person who willfully tampers with or
attempts to disarrange, deface, impair or destroy in any manner
whatsoever the electrical voting equipment used by the House, or
who instigates, aids or abets with the intent to destroy or
change the record of votes thereon shall be punished in such
manner as the House determines.
A member who has been appointed by the Speaker to preside as
Speaker pro tempore may designate either the Majority or
Minority Whip to cast his or her vote on any question while
presiding in accordance with instructions from the Chair.
The Chief Clerk shall post all votes by the electric roll
call system on the Internet no later than the close of business
on the day they are made.
A prime sponsor of a bill, the Minority Leader or Majority
Leader or a member designated to act on their behalf may request
that the roll call remain open for the maximum time allowed in
accordance with this rule. During such roll call, no vote shall
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be recorded unless the member is at his or her regularly
assigned seat.
ETHICAL AND PROFESSIONAL CONDUCT RULES OF
THE HOUSE OF REPRESENTATIVES
* * *
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
Committee may request that the chair call a meeting for a
specific purpose. If the chair refuses to call a meeting upon
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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] sine
die adjournment of the General Assembly shall cease on such date
and all documents, reports, communications, transcripts and
other materials compiled by the Committee for such matters, as
well as any communications or other materials received by the
Committee after sine die adjournment of the General Assembly,
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 or received after
sine die adjournment. 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
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matter, the Committee shall, if applicable, continue from the
stage in the consideration of 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 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
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under this paragraph shall be confidential and shall apply
exclusively to the requestor. No requestor who acts in good
faith on an opinion issued under this paragraph shall be subject
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.
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A five-year limitations period that expires during a
restricted period shall be tolled until the day following the
election occurring at the expiration of the restricted period.
Within 30 days following receipt of a complaint over which
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
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subject setting forth each allegation in the complaint. Upon the
request of the complainant, the employer shall make adjustments
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
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the Committee is unable to agree on either course of action, the
Committee shall dismiss the complaint. The Committee shall
promptly notify the subject in writing of the result.
If the Committee votes to proceed with a formal
investigation, the Committee shall engage an independent counsel
unless the Committee determines that the alleged 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
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or in connection with a hearing before the Committee.
Notwithstanding the provision of any other Rule of the House,
subpoenas issued under this rule shall be in the name of the
Committee, shall be signed by the chair of the Committee and
shall be attested by another member of the Committee who voted
in favor of authorizing the subpoena.
A subpoena issued by the Committee may be served upon any
person and shall have the force and effect of a subpoena issued
out of the courts of this Commonwealth. Subpoenas shall be
served by the Sergeant-at-Arms of the House or another person
designated by the Committee when directed to do so by the
Committee. Each subpoena shall be addressed to the witness and
shall state that such proceeding is before a Committee of the
House for which the witness is required to attend and testify at
a specified time and place; or to produce books, papers,
records, accounts, reports, documents and data and information
produced and stored by any electronic data processing system; or
both, as the Committee may also require. Mileage and witness
fees shall be paid by the House to such witness in an amount
prescribed by law. Unless addressed to and served on the
subject, a copy of a subpoena issued by the Committee shall be
provided to the subject and the subject's counsel, if
applicable. A person who willfully neglects or refuses to comply
with a subpoena issued by the Committee shall be subject to the
penalties provided by the laws of this Commonwealth with respect
to such willful neglect or refusal. Notwithstanding the
foregoing, a recipient of a subpoena issued by the Committee may
object to the subpoena by serving notice of such objection on
the signatory to the subpoena and the Committee. The Committee
may quash or modify the subpoena if it finds the subpoena to be
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overly broad or without proper purpose. Each member of the
Committee shall have the power to administer oaths and
affirmations to witnesses appearing before the Committee.
All subpoenaed books, papers, records, accounts, reports,
documents, data and information shall be returned to the person
from whom such material was subpoenaed when the Committee has
completed its examination of such material, but in no event
later than the date of final disposition of the matter.
Following the completion of a formal investigation, the
Committee shall conduct a hearing if:
(1) the independent counsel engaged by the Committee
recommends that a hearing be conducted and the Committee
votes to adopt the recommendation; or
(2) an independent counsel was not engaged by the
Committee but the Committee finds that the testimony and
documents reviewed by the Committee during the formal
investigation indicates more likely than not that the
unethical conduct 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
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counsel for the purpose of advising him or her concerning his or
her constitutional rights. Counsel may interpose legal objection
to any and all questions which in the opinion of counsel may
violate the constitutional rights of his or her clients.
The proceedings of a hearing conducted under this rule shall
be either stenographically or electronically recorded. The
Committee shall determine which parts of such recorded
proceedings, if any, shall be transcribed.
The burden shall be on the independent counsel, if one has
been engaged by the Committee, or the Committee staff attorneys,
if an independent counsel has not been engaged, to prove, by
clear and convincing evidence, that the unethical conduct 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
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on the findings and recommendations submitted by the Committee
and shall not make such findings and recommendations public
until a period of at least seven days has passed following the
Committee's provision of the report to the subject.
The Committee may extend any of the time periods, other than
those relating to the jurisdiction of the Committee, required
for any actions of the Committee or others under this rule.
Investigations, hearings and meetings of the Committee
relating to an investigation and the existence of such
investigations, hearings, and meetings shall be confidential.
All other meetings of the Committee shall be open to the public.
Notwithstanding the above, 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
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confidential;
(1.1) consent agreements and final findings by the
Committee of a violation of Rule 2.1 E shall not be
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
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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
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.
TEMPORARY RULES OF
THE HOUSE OF REPRESENTATIVES
RULE 1 T
Applicability
The temporary rules adopted in this Rule and Rules 2 T, 3 T,
4 T, 5 T and 6 T shall apply notwithstanding provisions in the
Rules of the House of Representatives.
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RULE 2 T
Voting by Designation on the Floor of the House
A member who is not present in the Hall of the House may
designate either the Majority or Minority Whip to cast the
member's vote on any question.
If a designated Whip is on leave, that designated Whip may
appoint another member to cast all votes designated to that
Whip.
A designation, including commencement date, shall be
accomplished by filing an attestation with the Chief Clerk which
identifies either the Majority or Minority Whip as the member's
designee when the member will not be present in the Hall of the
House.
A member may revoke the member's designation by notifying the
Chief Clerk in writing of the revocation.
A member voting by designation under this temporary rule
shall be counted in determining whether a quorum is present.
A designation shall be effective until the designation is
revoked or until this temporary rule expires.
RULE 3 T
Voting by Designation in Committee
At any voting meeting of a committee of the House of
Representatives, a member of the committee who is not present
may designate the chair or minority chair to cast the member's
vote on any question.
The designation shall be accomplished by filing an
attestation with the chair or minority chair which affirms that
the member will not be present at the voting meeting.
A member voting by designation under this temporary rule
shall be counted in determining whether a quorum is present.
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RULE 4 T
Consideration of Bills, Third Consideration and Final Passage of
Bills and Conference Committee Reports
A bill may not receive action on concurrence until at least
three 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 that they have had
sufficient time to review the language and thereby approve
proceeding with the bill.
Members shall be notified and conference committee reports
shall be made available to members at least three hours prior to
the adoption of all conference committee reports.
A bill may not receive action on final passage until at least
three 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 Rule 24 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.
Rule 5 T
Remote Participation
The Chief Clerk shall, as soon as practicable but no later
than March 15, 2021, implement video conferencing or similar
remote participation technology to allow Members voting by
designation on the House Floor to engage in simultaneous,
interactive participation in House Session.
The Chief Clerk shall, as soon as practicable but no later
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than March 15, 2021, fully implement video conferencing or
similar remote participation technology to allow Members voting
by designation at any voting meeting of a standing committee of
the House of Representatives to engage in simultaneous,
interactive participation in the committee meeting. A voting
meeting of a standing committee shall be held in a committee
room utilizing video conferencing or similar remote
participation technology unless such a room is not available.
The video conferencing or similar remote participation
technology must safeguard the integrity of the legislative
process.
RULE 6 T
Expiration
Unless amended or revoked by the House, this Rule and Rules 1
T, 2 T, 3 T, 4 T and 5 T shall expire on August 1, 2021.
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