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PRINTER'S NO. 2
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
1
Session of
2023
INTRODUCED BY ROZZI, BRIGGS, CEPHAS AND SCHWEYER, MARCH 1, 2023
INTRODUCED, MARCH 1, 2023
A RESOLUTION
Adopting permanent rules for the House of Representatives.
RESOLVED, That the following be adopted as Permanent Rules of
the House of Representatives for the 2023-2024 session of the
House of Representatives:
2023-2024
GENERAL OPERATING RULES
OF THE HOUSE OF REPRESENTATIVES
The following words and phrases when used in the General
Operating Rules of the House of Representatives shall have the
meanings given to them in this section unless the context
clearly indicates otherwise:
"Day" shall mean any calendar day.
"Floor of the House" shall be that area within the Hall of
the House between the Speaker's rostrum and the brass rail
behind the Members' seats.
"Formal Action" shall mean any vote or motion of a member of
a standing committee, standing subcommittee, select committee or
rules committee of the House of Representatives to report or not
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report, amend, consider or table a bill or resolution and the
discussion and debate thereof.
"Hall of the House" shall be the floor space within its four
walls and does not include the adjoining conference rooms, the
lobbies or the upper gallery of the House.
"Legislative Day" shall mean any day that the House shall be
in session.
"Majority Party" shall mean the political party that won the
greater number of elections for the 203 seats in the House of
Representatives in the general election preceding the term of
service that began on the first day of December next after the
general election. If a vacancy shall occur during the term, the
political party that won that seat at the last election shall
remain the party that won that seat until any subsequent special
election is held to fill that seat. Following a special election
during the term, the number of elections won by each political
party for the 203 seats in the House of Representatives shall be
redetermined as provided in this definition. Nothing in this
definition shall preclude an individual elected to hold a seat
in the House of Representatives from changing their political
party registration.
"Press Gallery" shall be within that area known as the Hall
of the House as designated by the Speaker.
"Roll Call Vote" shall be a vote taken by and displayed on
the electronic roll call board or in the event of a malfunction
of the electronic roll call board, by such method as shall be
determined by the Speaker.
RULE 1
Speaker Presiding
The Speaker shall preside over the sessions of the House. The
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Speaker may name a member to preside, but the substitution shall
not extend beyond an adjournment. The Speaker may appoint a
member as Speaker pro tempore to act in the Speaker's absence
for a period not exceeding ten consecutive legislative days.
As presiding officer and in accordance with Article II § 2 of
the Constitution of Pennsylvania and the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
within ten days after the occurrence of a vacancy the Speaker
shall issue a writ for a special election to be held on a date
which shall occur on or before the date of the first primary,
municipal or general election which occurs not less than 60 days
after the issuance of the writ. The Speaker shall not be
required to issue a writ of election if the election cannot be
scheduled until after the general election.
In case of failure to make an appointment, the House shall
elect a Speaker pro tempore to act during the absence of the
Speaker.
The Speaker pro tempore shall perform all the duties of the
Chair during the absence of the Speaker.
RULE 1 (a)
Equal Opportunity Officer, Diversity and Inclusion Officer and
Advisory Committee
The Speaker shall designate an Equal Opportunity Officer and
Diversity and Inclusion Officer who shall report to the Speaker.
There shall be an Advisory Committee, appointed by the Speaker
in consultation with the Majority Leader and Minority Leader, to
assist the Equal Opportunity Officer and Diversity and Inclusion
Officer in developing, recommending and implementing equal
opportunity employment and procurement policies and promoting
diversity and inclusion in the House of Representatives.
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The Equal Opportunity Officer and Diversity and Inclusion
Officer shall provide a report to the House prior to sine die
adjournment regarding recommendations made and actions taken on
the implementation of equal opportunity employment and
procurement policies and promoting diversity and inclusion in
the House of Representatives.
RULE 2
Taking the Chair
The Speaker shall take the Chair and call the members to
order on every legislative day at the hour to which the House
adjourned at the last sitting. On the appearance of a quorum,
the Speaker shall proceed to the regular order of business as
prescribed by the rules of the House.
RULE 3
Order and Decorum
The Speaker or Presiding Officer shall preserve order and
decorum. In case of any disturbance or disorderly conduct in the
galleries or lobbies, the Speaker shall have the power to order
the same to be cleared.
The Speaker or Presiding Officer shall have the right to
summon the Sergeant-at-Arms to enforce in the preservation of
order and decorum, and if needed, to summon the Capitol Police
and the State Police to assist.
The Sergeant-at-Arms under the direction of the Speaker or
the Presiding Officer shall, while the House is in session,
maintain order on the floor and its adjoining rooms and shall
enforce the rule with respect to the conduct of members, staff
and visitors.
RULE 4
Questions of Order
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The Speaker shall decide all questions of order subject to an
appeal. The decision of the Speaker shall stand as the decision
of the House unless so appealed and overturned by a majority of
the members elected to the House. The Speaker may, in the first
instance, submit the question to the House. Questions involving
the constitutionality of any matters shall be decided by the
House. On questions of order there shall be no debate except on
an appeal from the decision of the Speaker or on reference of a
question to the House. In either case, no member shall speak
more than once except by leave of the House.
Unless germane to the appeal, a second point of order is not
in order while an appeal is pending; but, when the appeal is
disposed of, a second point of order is in order and is subject
to appeal.
RULE 5
Conference and Select Committee Appointments
All Committees of Conference shall be appointed by the
Speaker and shall be composed of three members, two of whom
shall be selected from the majority party and one from the
minority party.
The Speaker shall appoint the members of select committees,
unless otherwise ordered by the House.
RULE 6
Signature of the Speaker
The Speaker shall, in the presence of the House, sign all
bills and joint resolutions passed by the General Assembly after
their titles have been publicly read immediately before signing,
and the fact of signing shall be entered on the Journal.
Resolutions, addresses, orders, writs, warrants and subpoenas
issued by order of the House shall be signed by the Speaker and
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attested by the Chief Clerk.
RULE 7
Oath to Employees
The Chief Clerk shall administer an oath or affirmation to
the employees of the House that they will severally support,
obey and defend the Constitution of the United States and the
Constitution of Pennsylvania, and that they will discharge the
duties of their office with fidelity.
Each employee of the House, after taking the oath of office,
shall sign the Oath Book in the presence of the Chief Clerk or
the Chief Clerk's designee.
RULE 8
Supervision of Hall of the House
and Committee Rooms
Subject to the direction of the Speaker, the Chief Clerk
shall have supervision and control over the Hall of the House,
the caucus and committee rooms and all other rooms assigned to
the House.
During the sessions of the Legislature the Hall of the House
shall not be used for public or private business other than
legislative matters except by consent of the House. During
periods of recess of the House such use may be authorized by the
Speaker without the consent of the House.
RULE 9
Decorum
While the Speaker is putting a question or addressing the
House and during debate or voting, no member shall disturb
another by talking or walking up and down or crossing the floor
of the House.
RULE 9 (a)
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Smoking
No smoking of cigarettes, cigars, pipes and other tobacco
products or use of electronic cigarettes, electronic nicotine
delivery systems or related devices shall be allowed in the Hall
of the House nor in any interior area of the Capitol Complex
under the control of the House of Representatives.
RULE 10
Debate
When a member desires to address the House, the member shall
rise and respectfully address the Speaker. Upon being
recognized, the member may speak, and shall be confined to the
question under consideration and avoiding personal reflections.
When two or more members rise at the same time and ask for
recognition, the Speaker shall designate the member who is
entitled to the floor.
No member, except the Majority and Minority Leaders, may
speak more than twice on any question without the consent of the
House.
With the unanimous consent of the House a member may make a
statement not exceeding ten minutes in length concerning a
subject or matter not pending before the House for
consideration, providing the Majority and Minority Leaders have
agreed on a time the member is to ask for recognition.
RULE 11
Interruption of a Member who Has the Floor
A member who has the floor may not be interrupted, except for
questions of order, by a motion to extend session or by a motion
for the previous question.
A member may yield the floor for questions related to the
subject before the House.
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RULE 12
Personal Privilege
Any member may by leave of the Speaker rise and explain a
matter personal to the member, but the member shall not discuss
a pending question in the explanation. Questions of personal
privilege shall be limited to questions affecting the rights,
reputation and conduct of members of the House in their
respective capacity.
RULE 13
Transgression of House Rules
If any member in speaking or otherwise transgresses the Rules
of the House, the Speaker or any member through the Speaker
shall call the member to order, in which case the member shall
immediately sit down unless permitted by the House to explain.
The House upon appeal shall decide the case without debate.
If the decision is in favor of the member, the member may
proceed. If the case requires it, the member shall be liable to
censure or other punishment as the House deems proper.
RULE 14
Members' and Employees' Expenses
A member who attends a duly called meeting of a standing or
special committee of which he or she is a member when the House
is not in session or who is summoned to the State Capitol or
elsewhere by the Speaker, or the Majority or Minority Leader of
the House, to perform legislative services when the House is not
in session shall be reimbursed per day for each day of service,
plus mileage to and from the member's residence, at such rates
as are established from time to time by the Committee on Rules
but not in excess of the applicable maximum mileage rate
authorized by the Federal Government. For travel to any location
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for committee meetings or for travel to the State Capitol for
any reason, members cannot receive reimbursement in excess of
the applicable maximum per diem rate authorized by the Federal
Government. These expenses shall be paid by the Chief Clerk from
appropriation accounts under the Chief Clerk's exclusive control
and jurisdiction, upon a written request approved by the Speaker
of the House, or the Majority or the Minority Leader of the
House.
An employee of the House summoned by the Speaker or the
Majority or Minority Leader of the House to perform legislative
services outside of Harrisburg shall be reimbursed for actual
expenses and mileage to and from the employee's residence. Such
expenses may be paid by the Speaker, Majority or Minority
Leader, if they agree to do so, or shall be paid by the Chief
Clerk from appropriation accounts under the Chief Clerk's
exclusive control and jurisdiction, upon a written request
approved by the Speaker, or the Majority or the Minority Leader.
District office employees are only permitted to be reimbursed
from an account under the control of the Chief Clerk when
traveling to Harrisburg for a training program sponsored by
either caucus or for travel to a legislative conference approved
by the Speaker, the Majority Leader or the Minority Leader. All
other travel by district office employees may be reimbursed from
the member's accountable expenses or an account under the
control of the Speaker, the Majority Leader or the Minority
Leader.
Members and employees traveling outside the Commonwealth of
Pennsylvania who receive any reimbursement for expenses or
travel which reimbursement is from public funds shall file with
the Chief Clerk a statement containing their name and the name,
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place, date and the purpose of the function.
Money appropriated specifically to and allocated under a
specific symbol number for allowable expenses of members of the
House of Representatives shall be reimbursed to each member upon
submission of vouchers and any required documentation by each
member on forms prepared by the Chief Clerk of the House. No
reimbursement shall be made from this account where a member is
directly reimbursed for the same purpose from any other
appropriation account.
Such allowable expenses of members may be used for any
legislative purpose or function, including but not limited to
the following:
(1) Travel expense on legislative business.
(a) Mileage on session or nonsession days at a rate as
may be approved from time to time by the Committee on Rules,
but not in excess of the maximum mileage rate authorized by
the Federal Government for travel; voucher with documented
travel details.
(a.1) Actual expenses incurred for travel on session or
nonsession days by public transportation; voucher with
documented travel details and receipt.
(b) Miscellaneous transportation on legislative business
(taxi, airport limousine, parking, tolls), and expenses of a
similar nature; voucher and receipt with a statement of the
legislative reason for the expense; 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
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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 and copy of agreement or contract.
(b) Professional services; voucher and receipt and copy
of agreement or contract.
(3) Rent for legislative office space; purchase of office
supplies; postage; telephone landline and answering services;
cellular phone legislative air time only; printing services and
rental only of office equipment; voucher and vendor's receipt,
except for postage expense.
(4) Restaurant and beverage charges for business meetings;
voucher and itemized vendor receipt, together with a statement
of the legislative 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.
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(6) Communications and donations in extending
congratulations or sympathy of illness or death; voucher only
for any single expense not in excess of $75.
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. The Chief
Clerk is no longer authorized to enter into a master lease
agreement with the Department of General Services for the long-
term lease of additional automobiles for the use of members.
Members may not use Commonwealth funds to purchase an automobile
for official purposes. The Chief Clerk may not assign
automobiles leased or owned by the Commonwealth to members, but
may maintain automobiles previously assigned to members. A
member with a previously assigned automobile shall not be
required to surrender the automobile unless the Chief Clerk
determines that it is no longer practical or cost effective for
the automobile to remain in service to a member due to age or
high mileage of the automobile or needed repairs or damage to
the automobile. A member who is required to surrender an
automobile by the Chief Clerk may not receive a replacement
automobile.
All disbursements made, debts incurred or advancements paid
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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, electronic file containing the current
information for each employee as set forth above.
All monthly reports filed on disbursements made or debts
incurred by any officer or member or employee from
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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 90 days of the
date that the otherwise allowable expense is incurred for any
and all otherwise allowable expenses, including without
limitation, per diem, mileage and actual expenses incurred. Any
such void request for reimbursement may not be paid except
pursuant to a motion to suspend this rule for good cause
specific to the voided request for reimbursement. The voucher
form shall be approved and supplied by the Chief Clerk. Receipts
or documentation of every expenditure or disbursement which is
in excess of the maximum amount as set forth herein shall be
attached to the voucher. Where a request for payment is made in
advance of an expense actually incurred, the Chief Clerk, before
making such advance payment shall require a description
satisfactory to the Chief Clerk of the item or service to be
purchased or the expense to be incurred, and a receipt or other
documentation shall be given to the Chief Clerk after the item
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or service has been purchased or expense incurred as evidence
that such advancement was in fact expended for such purpose.
All reports, vouchers and receipts from which reports are
prepared and filed shall be retained by the Chief Clerk, officer
or member, as the case may be, for such period of time as may be
necessary to enable the Legislative Audit Advisory Commission
created pursuant to the act of June 30, 1970 (P.L.442, No.151),
entitled "An act implementing the provisions of Article VIII,
section 10 of the Constitution of Pennsylvania, by designating
the Commonwealth officers who shall be charged with the function
of auditing the financial transactions after the occurrence
thereof of the Legislative and Judicial branches of the
government of the Commonwealth, establishing a Legislative Audit
Advisory Commission, and imposing certain powers and duties on
such commission," to conduct, through certified public
accountants appointed by it, annual audits to assure that such
disbursements made or debts incurred were in accordance with
Legislative Audit Advisory Commission guidelines and standards
as approved by the Committee on Rules, or for a minimum of three
years, whichever is longer. All annual audit reports shall be
available for public inspection. Photocopies of such reports
shall be available for a fee established by the Chief Clerk not
to exceed the cost of duplication.
Except as specifically prohibited by law or limited by this
rule, all expenditures of funds appropriated to the House or to
a member or nonmember officer shall be subject to the
expenditure guidelines established by the Rules Committee. The
Rules Committee shall establish standards regarding
documentation evidencing payment out of any appropriations
account made to the House or to a member or nonmember officer.
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The Bipartisan Management Committee shall receive and review
suggestions from the Comptroller on ways to reduce costs and
improve the fiscal operations of the House. The Comptroller,
following authorization by the Bipartisan Management Committee,
shall implement cost-reducing and other new measures to improve
the fiscal operations of the House.
RULE 14 (a)
Employee Payroll Information
In accordance with the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the Legislative Officers and Employes
Law, the Chief Clerk shall compile, annually, on or prior to the
first day of February of each year, a complete list of employees
of the House of Representatives. The list shall include the full
name, job title, work address and name of immediate supervisor
of every employee of the House of Representatives and shall
include such information for every person employed for any
period of time during the preceding 12 months. In addition to
the information required under the Legislative Officers and
Employes Law, the list shall include the payroll wage
information for those House employees paid during the preceding
calendar year. The list shall be available for public inspection
in the Office of the Chief Clerk during regular business hours.
RULE 14 (b)
Electronic Availability of Reports
In addition to the other methods of availability under Rule
14, all expense reports existing in electronic form shall be
provided electronically by the Chief Clerk upon request.
RULE 15
Time of Meeting
The House shall convene on the first legislative day of the
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week at 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 16
Quorum
A majority of the members shall constitute a quorum, but a
smaller number may adjourn from day to day and compel the
attendance of absent members. (Constitution, Article II, Section
10).
When less than a quorum vote on any question, the Speaker
shall forthwith order the doors of the House closed and the
names of the members present shall be recorded. If it is
ascertained a quorum is present, either by answering to their
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names or by their presence in the House, the Speaker shall again
order the yeas and nays. If any member present refuses to vote,
refusal shall be deemed a contempt. Unless purged, the House may
order the Sergeant-at-Arms to remove the member or members
without the bar of the House. All privileges of membership shall
be refused the member or members so offending until the contempt
is purged.
RULE 17
Order of Business
The daily order of business shall be:
(1) Prayer.
(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.
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Any question may, by a majority vote of the members elected,
be made a special order of business. When a special order of
business is adopted for a question on second consideration, the
question shall immediately be placed on the House Voting
Schedule and the Speaker shall place the question before the
House on the earliest possible voting Session Day in accordance
with Rule 21. All other questions shall be placed before the
House on the same legislative day.
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 their 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 18
Introduction and Printing of Bills
Bills shall be introduced in quadruplicate, signed and dated
by each member who is a sponsor of the bill, and filed with the
Chief Clerk on any day that the offices of the House of
Representatives are open for business. A sponsor may be added or
withdrawn, but in the case of withdrawals, the names shall be
withdrawn if and when the bill is reprinted.
Bills introduced when received at the Chief Clerk's desk
shall be numbered consecutively and delivered to the Speaker,
who shall refer each bill to an appropriate committee on any day
whether or not the House is in session. If the resolution
creating a select committee authorizes the referral of bills to
that committee, the Speaker may refer bills, within the scope of
the resolution, to such select committee. Insofar as applicable,
the select committee shall consider and report bills in
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accordance with the rules governing the consideration and
reporting of bills by standing committees. The Speaker shall
report to the House the committees to which bills have been
referred, either on the day introduced or received or on the
next two legislative days the House is in session, unless the
House is in recess for more than four consecutive days in which
case the Speaker shall provide a list to the Majority Leader and
the Minority Leader, within two calendar days, of all bills
which were referred during such period when the House was not in
session.
If the Speaker neglects or refuses to refer to committee any
bill or bills (whether House or Senate) as above after
introduction or presentation by the Senate for concurrence, any
member may move for the reference of the bill to an appropriate
committee. If the motion is carried, said bill or bills shall be
immediately surrendered by the Speaker to the committee
designated in said motion.
The first copy of each bill introduced shall be for the
committee, the second copy shall be for the printer, the third
copy shall be for the news media and the fourth copy shall be
for the Legislative Reference Bureau.
Every bill, after introduction and reference to committee,
shall be printed and shall also be posted on the Internet with
the hyperlink to the web page for the members of the House of
Representatives.
Bills may not be withdrawn after reference to committee.
RULE 19
Bills Referred to Committees
No bill shall be considered unless referred to a committee,
printed for the use of the members and returned therefrom.
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(Constitution, Article III, Section 2).
RULE 19 (a)
Fiscal Notes
(1) No bill, except a General Appropriation bill or any
amendments thereto, which may require an expenditure of
Commonwealth funds or funds of any political subdivision or
which may entail a loss of revenues overall, or to any
separately established fund shall be given third consideration
reading on the calendar until it has first been referred to the
Appropriations Committee for a fiscal note, provided however
that the Rules Committee may by an affirmative vote of three-
quarters of the entire membership to which such committee is
entitled:
(a) Waive the recommittal to the Appropriations
Committee and provide that the fiscal note be attached to the
bill while on the active calendar. The providing of such note
shall be a priority item for the Appropriations Committee; or
(b) Waive the necessity of a fiscal note on any bill
which it deems to have a de minimis fiscal impact or which
merely authorizes, rather than mandates, an increase in
expenditures or an action that would result in a loss of
revenue.
(2) Nothing herein shall preclude any member from moving, at
the proper time, the recommittal of any bill to the
Appropriations Committee for a fiscal note.
(3) The Appropriations Committee shall be limited in its
consideration of any such bill 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
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aspects. The fiscal note shall accompany the bill and provide
the following information in connection with the Commonwealth
and its political subdivisions:
(a) The designation of the fund out of which the
appropriation providing for expenditures under the bill shall
be made;
(b) The probable cost of the bill for the fiscal year of
its enactment;
(c) A projected cost estimate of the program for each of
the five succeeding fiscal years;
(d) The fiscal history of the program for which
expenditures are to be made;
(e) The probable loss of revenue from the bill for the
fiscal year of its enactment;
(f) A projected loss of revenue estimate from the bill
for each of the five succeeding fiscal years;
(g) The line item, if any, of the General Fund, special
fund or other account out of which expenditures or losses of
Commonwealth funds shall occur as a result of the bill;
(h) The recommendation, if any, of the Appropriations
Committee and the reasons therefor relative to the passage or
defeat of the bill; and
(i) A reference to the source of the data from which the
foregoing fiscal information was obtained, and an explanation
of the basis upon which it is computed.
(4) No bill which may result in an increase in the
expenditure of Commonwealth funds shall be given third
consideration reading on the calendar until the Appropriations
Committee has certified that provision has been made to
appropriate funds equal to such increased expenditure. Whenever
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the Appropriations Committee cannot so certify, the bill shall
be returned to the committee from which it was last reported for
further consideration and/or amendment.
(5) No amendment to a bill, concurrences in Senate
amendments, or adoption of a conference report which may result
in an increase in the expenditure of Commonwealth funds or those
of a political subdivision or which may entail a loss of
revenues in addition to that originally provided for in the bill
prior to the proposed changes nor any bill requiring a fiscal
note for which re-referral to the Appropriations Committee has
been waived by the Rules Committee shall be voted upon until a
fiscal note is available for distribution to the members with
respect to such changes or to such bill showing the fiscal
effect of the changes with respect to the bill, and containing
the information set forth by subsection (3) of this rule.
(6) When an amendment or certificate is timely filed with
the amendment clerk under Rule 21, the amendment or certificate
shall be forwarded to the Appropriations Committee. Upon receipt
of an amendment, the Appropriations Committee shall
automatically prepare a fiscal note.
(7) In obtaining the information required by these rules,
the Appropriations Committee may utilize the services of the
Office of the Budget and any other State agency as may be
necessary.
(8) 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 615-B of the
Administrative Code of 1929 has been attached. No amendment to
any bill proposing any change relative to a public employee
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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 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
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
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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 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 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
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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 20
Bills Confined to One Subject
No bill shall be passed containing more than one subject,
which shall be clearly expressed in its title, except a general
appropriation bill or a bill codifying or compiling the law or a
part thereof. (Constitution, Article III, Section 3).
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No joint resolution originating in the House which proposes
amendments to the Constitution of the Commonwealth of
Pennsylvania shall be passed containing more than one subject.
RULE 21
Consideration of Bills
(a) Every bill and every joint resolution shall be
considered on three different days. All amendments made thereto
shall be printed for the use of the members before the final
vote is taken thereon, and before the final vote is taken, upon
written request addressed to the presiding officer by at least
25% of the members elected to the House, any bill shall be read
at length. No bill shall become law and no joint resolution
adopted unless, on its final passage, the vote is taken by yeas
and nays, the names of the persons voting for and against it are
entered on the Journal, and a majority of the members elected to
the House is recorded thereon as voting in its favor.
(Constitution, Article III, Section 4).
(b) Members shall be notified of bills and resolutions
scheduled to be voted no later than prior to the close of
business at 4:30 P.M. of the second legislative day prior to the
date of second consideration for legislation that has no legal
deadline. (The General Appropriation Act and non-preferred bills
are included within the definition of legislation that has no
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
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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
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
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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
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 three 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.
(f) No joint resolution proposing an amendment to the
Constitution of Pennsylvania shall be given second reading on
the calendar until it has been the subject of a public hearing
as provided under Rule 50. No joint resolution proposing an
amendment to the Constitution of Pennsylvania shall be given a
third reading, final passage, action on concurrence or
consideration by the House based on a report of a Committee of
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Conference if the joint resolution proposes submitting the
amendment to the qualified electors of the State at any time
other than at the next constitutionally permissible municipal or
general election. This paragraph (f) shall not apply to a joint
resolution proposing an emergency amendment to the Constitution
of Pennsylvania under section 1(a) and (b) of Article XI of the
Constitution of Pennsylvania.
RULE 22
First Consideration Bills
Bills reported from committees shall be considered for the
first time when reported and shall then be automatically removed
from the calendar and laid on the table, except House bills
reported from committees after the first Monday in June until
the first Monday in September which shall then be automatically
recommitted to the Committee on Rules. Except as otherwise
provided, the Rules Committee shall not in any instance have the
power to amend a bill which has been reported by another
committee.
After the first Monday in September, any bill which was
automatically recommitted to the Committee on Rules pursuant to
this rule shall automatically be re-reported to the floor of the
House and laid on the table.
Any bill which was automatically laid on the table pursuant
to this rule may be removed from the table by motion of the
Majority Leader, or a designee, acting on a report of the
Committee on Rules. Such report shall be in writing and a copy
thereof distributed to each member. Any bill so removed from the
table shall be placed on the second consideration calendar on
the legislative day following such removal. Nothing herein shall
affect the right of any member to make a motion to remove a bill
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from the table.
Amendments shall not be proposed, nor is any other motion in
order on first consideration.
Bills shall not be considered beyond first consideration
until the latest print thereof is available on the Legislative
Data Processing floor system or on the desks of the members.
Any noncontroversial bill, which is defined as any bill,
other than an appropriations bill, approved by a committee with
no negative votes or abstentions, and with the approval of the
Majority Leader and the Minority Leader, shall be placed on an
uncontested calendar. Bills on the uncontested calendar shall be
voted upon by a single roll-call vote. Each bill listed on the
uncontested calendar will be printed separately in the journal
with the vote recorded on the approval of the uncontested
calendar as the vote on final passage of each bill contained
therein.
If any member should object to the placement of a bill on the
uncontested calendar, the bill shall be automatically removed
from the uncontested calendar and placed on the regular calendar
the next legislative day.
RULE 23
Second Consideration Bills
Bills on second consideration shall be considered in their
calendar order and shall be subject to amendment.
No House bill on second consideration shall be considered
until called up by a member.
RULE 24
Third Consideration and Final Passage Bills
Bills on third consideration shall be considered in their
calendar order and shall be subject to amendment only when an
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amendment is necessary to make the document internally
consistent, to clear up an ambiguity, to correct grammar or to
correct a drafting error or is necessary for purposes of
statutory construction. An amendment under this paragraph shall
not be subject to the filing deadlines under Rule 21. A bill
having received consideration by the House on three different
days and having been agreed to may be called by the Speaker to
receive action on final passage; however, a bill may not receive
action on final passage until at least 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
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
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the bills on the uncontested calendar pass finally? Agreeable to
the provision of the Constitution, the yeas and nays will now be
taken."
RULE 25
Defeated Bills
When a bill or resolution has been defeated by the House, it
shall not be reintroduced, or, except as provided in Rule 26, be
reconsidered, nor shall it be in order to consider a similar
one, or to act on a Senate bill or resolution of like import,
during the same term.
RULE 26
Reconsideration
A motion to reconsider the vote by which a bill, resolution
or other matter was passed or defeated shall be made in writing
and filed by two members. The motion shall be in order only
under the order of business in which the vote proposed to be
reconsidered occurred and shall be decided on a roll-call vote
by a majority vote. No motion to reconsider shall be in order
when the bill, resolution or other matter is no longer in the
possession of or is not properly before the House.
A motion to reconsider any such vote must be filed on the
same day on which the initial vote was taken or within the
succeeding five days in which the House is in session, provided
such bill, resolution or other matter is still in the possession
of or is properly before the House.
When a motion to reconsider any such vote is filed within the
aforesaid time limits, put before the House by the Speaker and
decided by the affirmative vote prescribed herein, the question
recurs on the bill, resolution or other matter reconsidered.
Where a bill, resolution or other matter has been initially
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defeated and a motion to reconsider is not timely made, then
such bill, resolution or other matter shall carry the status of
"defeated finally" and not properly before the House. Therefore,
it shall not be in order to entertain a motion to reconsider any
such vote.
Where a timely made motion to reconsider is lost, it shall
not be in order to again entertain a motion to reconsider any
such vote, even though such second motion to reconsider is
timely made.
Where a bill, resolution, or other matter has been initially
defeated, and a timely made motion to reconsider the vote is
lost, or if no motion to reconsider the vote was timely made,
then it shall not be in order for the House thereafter to
receive or consider a new bill, resolution or other matter
embracing therein a subject or purpose basically identical to or
of similar import to the subject matter or purpose of the bill,
resolution or matter initially defeated.
The vote on a bill or resolution recalled from the Governor
may be reconsidered at any time after the bill or resolution has
been returned to the House.
No bill, resolution or other matter may be reconsidered more
than twice on the same legislative day.
RULE 27
Amendments
No bill shall be amended so as to change its original
purpose. (Constitution, Article III, Section 1).
No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment.
Any member may move to amend a bill or resolution, provided
the proposed amendment is germane to the subject. Questions
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involving whether an amendment is germane to the subject shall
be decided by the House.
No amendment to an amendment shall be admitted nor
considered.
The sponsor of an amendment shall explain the amendment prior
to consideration by the House.
Before consideration, six typewritten copies of a proposed
amendment signed by its sponsor shall be 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 28
Bills Amending Existing Law
Bills amending existing law shall indicate present language
to be omitted by placing it within brackets and new language to
be inserted by underscoring. (Constitution, Article III, Section
6).
RULE 29
Form for Printing Amendments
In printing amendments to bills and resolutions, all new
matter added shall be in CAPITAL LETTERS, and matter to be
eliminated shall be indicated by strike-out type.
In reprinting House bills previously amended by the House and
in reprinting Senate bills previously amended by the Senate, but
not in Senate bills previously amended by the House, all matters
appearing in strike-out type shall be dropped from the new print
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and all matter appearing in CAPITAL LETTERS shall be reset in
lower case Roman type.
RULE 30
Bills Amended by the Senate
When a bill or joint resolution has been amended by the
Senate and returned to the House for concurrence, it shall be
referred automatically to the Committee on Rules immediately
upon the reading of the message from the Senate by the Clerk.
The consideration of any bill or joint resolution containing
Senate amendments may include 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 amendments 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
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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 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 paragraph, it
shall not be in order to suspend or otherwise waive the
requirements of this paragraph.
RULE 31
Bills Vetoed by the Governor
When the Governor has returned a bill to the House with
objections, the veto message shall be read and the House shall
proceed to reconsider it. (Constitution, Article IV, Section
15).
RULE 32
Hospital and Home Appropriations,
Acquiring Lands of the Commonwealth
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and Congressional Redistricting
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
favors the transfer which is the subject of the bill under
consideration.
No bill proposing the redistricting of congressional
districts shall be reported by any committee to the House, nor
shall an amendment making substantive changes be offered on the
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floor of the House, unless such bill or amendment is accompanied
by a map showing the proposed congressional districts. Any such
bill or amendment, along with the accompanying map, shall be
posted by the Legislative Data Processing Center on a publicly
accessible Internet website of the General Assembly.
RULE 33
Special Legislation
No local or special bill shall be passed by the House unless
notice of the intention to apply therefor has been published in
the locality where the matter or the thing to be affected may be
situated, which notice shall be at least 30 days prior to the
introduction into the General Assembly of such bill and in the
manner provided by law; the evidence of such notice having been
published shall be exhibited in the General Assembly before the
act shall be passed. (Constitution, Article III, Section 7).
No local or special bill shall be considered in violation of
Article III, Section 32, of the Constitution.
RULE 34
Nonpreferred Appropriations
No bill shall be passed appropriating money to any charitable
or educational institution not under absolute control of the
Commonwealth, except by a vote of two-thirds of all members
elected. (Constitution, Article III, Section 30).
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
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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 the member's 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 shall be limited to
condolence 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
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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 joint resolution shall not:
(a) encourage 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; or
(b) congratulate individuals or entities for achievements.
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 36
Privileged Resolutions
Resolutions privileged for the immediate consideration of the
House are those:
(1) Recalling from or returning bills to the Governor.
(2) Recalling from or returning bills to the Senate.
(3) Originated by the Committee on Rules.
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(4) Providing for a Joint Session of the Senate and House
and its procedure.
(5) Placing bills negatived by committees on the calendar.
(6) Adjournment or recess.
RULE 37
Legislative Citation
A member making a request that a Legislative Citation be
issued to a particular person or on a specified occasion shall
provide the Legislative Reference Bureau with the facts
necessary for the preparation of the citation on a suitable
form.
The citation request shall be filed with the Chief Clerk and
automatically referred to the Speaker who may approve and sign
such citation on behalf of the House of Representatives.
One original citation shall be issued by the Chief Clerk.
RULE 38
Sine Die and Final Introduction of Bills
Resolutions fixing the time for adjournment of the General
Assembly sine die and the last day for introduction of bills in
the House shall be referred to the Committee on Rules before
consideration by the House.
During the period of time between a general election and the
adjournment of the House of Representatives sine die, Rule 77
may not be invoked to suspend Rule 21 or any part of this rule.
RULE 39
Petitions, Remonstrances and Memorials
Petitions, remonstrances, memorials and other papers
presented by a member shall be signed, dated and filed with the
Chief Clerk to be handed to the Speaker for reference to
appropriate committees.
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The Speaker shall report to the House the committees to which
petitions, remonstrances, memorials and other papers have been
referred, not later than the next day the House is in session
following the day of filing.
RULE 40
Messages
Messages from the Senate and communications from the Governor
shall be received and read in the House within one legislative
day thereafter.
All House and Senate bills shall be delivered to the Senate
with appropriate messages no later than the close of the next
legislative day of the Senate which follows the fifth
legislative day after which the House acted on such bill.
All House bills returned by the Senate after final passage
therein without amendment, and all conference committee reports
on House bills received from the Senate and adopted by the
House, shall be signed by the Speaker within one legislative day
after receipt or adoption, respectively, and shall be delivered
to the Senate before the close of the next legislative day of
the Senate.
All House bills and all conference committee reports on House
bills signed by the Speaker shall be delivered to the Governor
within 24 hours after return from the Senate with the signature
of the appropriate Senate officer.
RULE 41
Kind and Rank of Committee
The Committees of the House shall be of four kinds and rank
in the order named:
(1) Committee of the Whole House.
(2) Standing Committees.
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(3) Select Committees.
(4) Conference Committees.
RULE 42
Committee of the Whole
The House may resolve itself into a Committee of the Whole at
any time on the motion of a member adopted by a majority vote of
the House.
In forming the Committee of the Whole, the Speaker shall
leave the chair, after appointing a Chair to preside.
The rules of the House shall be observed in the Committee of
the Whole as far as applicable, except that a member may speak
more than once on the same question.
A motion to adjourn, to lay on the table, or for the previous
question cannot be put in the Committee of the Whole; but a
motion to limit or close debate is permissible.
A motion that the Committee of the Whole "do now rise and
report back to the House," shall always be in order, and shall
be decided without debate.
Amendments made in the Committee of the Whole shall not be
read when the Speaker resumes the Chair, unless so ordered by
the House.
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
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Administrators, Policy Chairs and the chairs and minority chairs
of standing committees, each member shall be entitled to serve
on not less than two standing committees.
The Speaker shall appoint the chair and vice-chair of each
standing committee when such standing committee has no standing
subcommittees as prescribed herein, except the Committee on
Appropriations which shall also have a vice-chair appointed by
the Speaker; when the standing committee has standing
subcommittees, the Speaker shall appoint a subcommittee chair
for each standing subcommittee. The Speaker shall appoint a
secretary for each standing committee. The Minority Leader shall
appoint the minority chair, minority vice-chair and minority
secretary of each standing committee and the minority
subcommittee chair for each standing subcommittee.
Except for members who decline chair status or minority chair
status in writing or who are barred from serving as a chair or
minority chair under this rule, the chair and minority chair of
each standing committee except the Appropriations Committee
shall be limited only to the members of the applicable caucus
with the most seniority as members of their respective caucus.
Whenever there are more caucus members with equal seniority than
available chairs or minority chairs for that caucus, the
selection of a chair or minority chair from among such caucus
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
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minority chair of any standing committee and no member may serve
as chair or minority chair of more than one standing committee.
Any chair or minority chair held by a member who fails to
meet the requirements of this rule shall become vacant by
automatic operation of this rule. If the appointing authority
fails to make an appointment of a chair or minority chair prior
to the organizational meeting of a standing committee or fails
to fill a vacancy within seven calendar days after it occurs,
such position shall be deemed to remain vacant in violation of
this rule. Whenever a chair or minority chair becomes vacant or
remains vacant in violation of this rule, the member of the
applicable caucus who meets the requirements of this rule shall
automatically fill the vacancy and, if there are two or more
such eligible caucus members for any such vacancy or vacancies,
they shall be filled from among such eligible members through a
lottery to be conducted under the supervision of the Chief Clerk
after giving notice of the time and place thereof to all
eligible members, to the Speaker, to the Majority Leader and to
the Minority Leader.
Nothing in this rule shall prohibit the appointing authority
from transferring a member from the chair or minority chair of a
standing committee to the chair or minority chair of another
standing committee.
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
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Speaker or Minority Leader fails to make a temporary transfer
within seven calendar days after such appointment, the committee
member with the least seniority, who is eligible for transfer,
shall be automatically transferred to the committee vacated by
the newly appointed chair or minority chair and, if more than
one committee member is eligible for such transfer, the transfer
shall be implemented through a lottery conducted under the
supervision of the Chief Clerk.
The Speaker of the House, Floor Leader of the majority party
and the Floor Leader of the minority party shall be ex-officio
members of all standing committees, without the right to vote
and they shall be excluded from any limitation as to the number
of members on the committees or in counting a quorum.
Twenty-four standing committees of the House, each to consist
of 21 members except the Committee on Appropriations, which
shall consist of 37 members, are hereby created. In addition,
there are hereby created 54 standing subcommittees.
All standing committees shall consist of 12 members of the
majority party and 9 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
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(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 Finance
(c) Subcommittee on Economic Development
(d) Subcommittee on Local Business
(e) Subcommittee on Automation and Technology
(6) Consumer Protection, Technology and Utilities
(a) Subcommittee on Utilities
(b) Subcommittee on Consumer Protection
(c) Subcommittee on Technology
(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
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(a) Subcommittee on Health Facilities
(b) Subcommittee on Health Care
(13) Housing and Community Development
(14) Human Services
(a) Subcommittee on Mental Health
(b) Subcommittee on Drugs and Alcohol
(15) Insurance
(16) Judiciary
(a) Subcommittee on Crime and Corrections
(b) Subcommittee on Courts
(c) Subcommittee on Family Law
(17) Labor and Industry
(a) Subcommittee on Employment and Unemployment
Compensation
(b) Subcommittee on Workers Compensation and Worker
Protection
(18) Liquor Control
(a) Subcommittee on Licensing
(b) Subcommittee on Marketing
(19) Local Government
(a) Subcommittee on Boroughs
(b) Subcommittee on Counties
(c) Subcommittee on Townships
(20) Professional Licensure
(21) State Government
(a) Subcommittee on Government Operations
(b) Subcommittee on Government Information Technology
and Communication
(c) Subcommittee on Government Integrity and
Transparency
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(d) Subcommittee on Public Pensions, Benefits and Risk
Management
(e) Subcommittee on Campaign Finance and Elections
(22) Tourism and Economic and Recreational Development
(a) Subcommittee on Arts and Entertainment
(b) Subcommittee on Recreation
(c) Subcommittee on Travel Promotion, History and
Heritage
(23) Transportation
(a) Subcommittee on Highways
(b) Subcommittee on Public Transportation
(c) Subcommittee on Transportation Safety
(d) Subcommittee on Aviation
(e) Subcommittee on Railroads
(f) Subcommittee on Ports
(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 operate pursuant to the
Standard Committee Operating Rules.
Where a standing committee has standing subcommittees as
prescribed by Rule 43, the membership on such standing
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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
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.
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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
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 reports 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
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further action, if any, should be taken on the 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 the subcommittee had
reasonable time to consider the bill, resolution or other matter
and return the same to its parent standing committee, the
subcommittee chair shall return the bill, resolution or other
matter together with all documents or papers pertaining thereto,
to the standing committee.
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 the standing committee has a vice-chair, the vice-
chair of the standing committee shall act as chair of the
committee meetings.
(2) If the 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.
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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
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,
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(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
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 the member's 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
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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
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 10 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,
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provided such majority vote numbers at least 17 members, and
provided further a quorum is present.
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
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
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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
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
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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 be confidential unless the chair and minority chair agree
in writing to make the referral public, must 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.
Upon completion of the investigation of any matter referred
to the committee, the committee shall file a final report with
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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 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 46
Committee on Rules
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The Committee on Rules shall consist of the Speaker, the
Majority Leader, the Majority Whip, the Minority Leader, the
Minority Whip, the Majority Appropriations Chair, the Minority
Appropriations Chair, 14 members of the majority party appointed
by the Speaker, and 12 members of the minority party appointed
by the Minority Leader. The Majority Leader shall be chair.
The committee shall make recommendations designed to improve
and expedite the business and procedure of the House and its
committees, and to propose to the House any amendments to the
Rules deemed necessary. The committee shall also do all things
necessary to fulfill any assignment or duty given to the
committee by any resolution, or other rule of the House of
Representatives.
The committee shall be privileged to report at any time.
The committee shall, until or unless superseded by law, adopt
guidelines for the expenditure of all funds appropriated to the
House or to any member or nonmember officer by any appropriation
act.
Such guidelines shall include a detailed statement of the
general and specific purposes for which the funds from that
appropriation account may be used, as well as uniform standards
of required documentation, accounting systems and record keeping
procedures.
Except as expressly provided in Rule 30 or this rule, the
committee shall not have the power to amend any bill or joint
resolution.
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
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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 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
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eligible to serve in the General Assembly.
RULE 48
Conference Committee
All Committees of Conference shall be appointed by the
Speaker and shall be composed of three members, two of whom
shall be selected from the majority party and one from the
minority party.
The conferees shall confine themselves to the differences
which exist between the House and Senate.
The presentation of reports of Committees of Conference shall
be in order after having been signed by a majority of members of
the committee of each House.
Consideration of a report of a Committee of Conference by the
House shall be in order when it has been printed, placed on the
desks of the members and listed on the calendar.
RULE 49
Committee Action
Whenever a bill, resolution or other matter has been referred
by the Speaker of the House to a standing committee, and such
committee has one or more standing subcommittees, the chair of
the standing committee may either refer it to an appropriate
subcommittee or retain it for consideration by the entire
standing committee. If it is retained, such standing committee
shall have full power and control over such bill, resolution or
other matter, except that such committee shall not change the
subject nor any amendments adopted by the House. Where the chair
of the standing committee refers such bill, resolution, or
matter to a subcommittee, such subcommittee, except as
hereinafter provided, shall have full power over the same.
The recommendations by a committee that a bill or resolution
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be reported negatively shall not affect its consideration by the
House. The words "negative recommendation" shall be printed
conspicuously on a line above the title of this bill.
All standing subcommittees shall be subject to the will of
the majority of their parent standing committee and shall not
promulgate any rules or take any action inconsistent with the
rules of their parent standing committee or the Rules of the
House.
After a bill is reported out of committee, all committee
votes taken with respect to the bill shall be posted on the
Internet as soon as practicable.
RULE 50
Public Hearings
Each standing committee, subcommittee or select committee to
which a proposed bill, resolution or any matter is referred
shall have full power and authority to study said bill,
resolution or other matter before it, as such committee, shall
determine is necessary to enable it to report properly to the
House thereon. To this end, a standing committee, subcommittee,
or select committee, may as hereinafter provided, conduct public
hearings. No standing committee, subcommittee or select
committee shall hold any public hearings without prior approval
by a majority vote of the members of the standing committee and
the Speaker or the Majority Leader of the House. The Speaker or
the Majority Leader of the House shall withhold approval of
public hearings based only on budgetary consideration.
When a public hearing has been authorized as aforesaid, the
chair of the standing committee, subcommittee chair, or select
committee chair as the case may be, shall instruct the Chief
Clerk to give written notice thereof to each House Member not
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less than five calendar days before the proposed hearings and
post the same in or immediately adjacent to the House Chambers.
Such notice, which shall contain the day, hour and place of the
hearing and the number or numbers of bills or other subject
matter to be considered at such hearing, shall also be given the
supervisor of the news room, and to the news media. In addition,
all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings),
relative to notice of meetings shall be complied with.
Public hearings held by a standing committee shall be chaired
by the chair of such committee, unless absent, in which case an
acting chair shall be selected in the manner prescribed by these
rules to serve. Public hearings held by standing subcommittees
shall be chaired by the subcommittee chair thereof, but the
chair of the parent standing committee, as an ex-officio member
of the subcommittee, shall have the right to attend and
participate in the hearing proceedings. In the absence of the
subcommittee chair, an acting chair shall be appointed in the
manner prescribed by these rules.
All public hearings shall be open to the public and
reasonable opportunity to be heard shall be afforded to all
interested parties who have requested an appearance before the
committee. The minority chair shall be entitled to invite at
least one testifier who shall be entitled to testify at the
public hearing. In addition, it shall be the responsibility of
the committee in conducting its hearing to request the
presentation of testimony by any person who, in the opinion of
the committee, is qualified to present pertinent and important
testimony.
Such committee shall, so far as practicable, request all
witnesses appearing before it to file written statements of
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their proposed testimony. The chair shall have the right to fix
the order of appearance and the time to be allotted to
witnesses. Witnesses may submit brief pertinent statements in
writing for inclusion in the record. The committee is the sole
judge of the pertinency of testimony and evidence adduced at its
hearings.
The chair, in presiding at such public hearings, shall
preserve order and decorum, in and adjacent to the committee
room while the hearing is being conducted and shall have the
authority to direct the removal from the committee room of any
person who fails to comply with order and decorum of the
committee.
Proceedings of all public hearings shall be electronically
recorded and posted on the Internet as soon as practicable
thereafter. Such electronic records shall be preserved by the
Chief Clerk until authorized to dispose of same by an
affirmative vote of three-quarters of the entire membership of
the Rules Committee. A transcript may be requested by any member
at that member's expense. Any records and any reports of the
committee shall be filed with the Chief Clerk 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 available records.
All written testimony at committee hearings shall be posted
on the Internet as soon thereafter as practicable.
The Chief Clerk shall not make payment of any expenses
incurred as a result of a public hearing without the prior
written approval of the Speaker or the Majority Leader of the
House.
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RULE 51
Investigations
Any standing committee, subcommittee or select committee,
upon resolution introduced and approved by majority vote of the
House, may be authorized and empowered to conduct hearings at
any place in the Commonwealth to investigate any matter provided
for in such resolution. When authorized by such a resolution, 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
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examination of such material, but in no event later than the
date on which the committee completes its investigation. Such
material, or any information derived therefrom not a part of
public sessions of the committee, shall not be turned over to
any person or authority without the consent of the person from
whom such material was subpoenaed. Each member of the committee
shall have power to administer oaths and affirmations to
witnesses appearing before the committee. The Sergeant-at-Arms
of the Legislature or other person designated by the committee
shall serve any subpoenas issued by the committee, when directed
to do so by the committee. The subpoena shall be addressed to
the witness, state that such proceeding is before a committee of
the House at which the witness is required to attend and testify
at a time and place certain and be signed by the chair of the
committee commanding attendance of such witness. Mileage and
witness fees shall be paid to such witness in an amount
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 their 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
counsel's clients.
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If the committee determines that evidence or testimony at an
investigative hearing may tend to defame, degrade or incriminate
any person, it shall:
(1) receive such evidence or testimony in executive session;
(2) afford such person an opportunity voluntarily to appear
as a witness; and
(3) receive and dispose of requests from such person to
subpoena additional witnesses.
No evidence or testimony taken in executive session may be
released to any person or authority or used in public sessions
without the consent of the committee.
Proceedings of all public hearings shall be electronically
recorded. Such electronic records, including agendas, testimony,
attendance and roll call votes 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. A transcript may be requested by any member at that
member's expense. Any records and any reports of the committee
shall be filed with the Chief Clerk 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 available
records. 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 52
Possession of Bills by Committee
When a committee has ordered that a bill, resolution or other
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matter be reported to the House, the member to whom it is
assigned shall make the report thereof to the House either on
the same day or at the next meeting of the House.
Failure of a member to comply with this rule shall be
reported to the House by the committee, provided the official
copy of the bill, resolution or other matter has not been
obtained. Upon a motion agreed to by the House, a duplicate
certified copy of a House bill, House resolution or other House
matter shall be furnished to the committee by the Chief Clerk.
A committee or subcommittee shall not consider a bill,
resolution or other matter which is not in its possession.
When a committee reports to the House that a House bill,
House resolution or other House matter referred to it is lost,
upon a motion agreed to by the House, a duplicate certified copy
thereof shall be furnished by the Chief Clerk.
If the Senate bill, Senate resolution or other Senate matter
received from the Senate is lost, upon a motion agreed to by the
House, a request shall be made to the Senate to furnish the
House with a duplicate certified copy thereof.
If a bill, resolution or other matter is lost before it has
been referred to a committee, the fact shall be reported to the
House and the procedure provided by this rule shall be followed.
RULE 53
Discharge of Committees
A member may present to the Chief Clerk a resolution in
writing to discharge a committee from the consideration of a
bill or resolution which has been referred to it 15 legislative
days prior thereto (but only one motion may be presented for
each bill or resolution). The discharge resolution shall be
placed in the custody of the Chief Clerk, who shall arrange some
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convenient place for the signature of the members. A signature
may be withdrawn by a member in writing at any time before the
discharge resolution is entered in the Journal. When 50 members
of the House, 25 of whom shall be from the majority party and 25
from the minority party, shall have signed the resolution, it
shall be entered in the Journal and the title of the bill or
resolution and the name of the committee to be discharged shall
be printed on the calendar. Once filed, a discharge resolution
shall be valid to discharge the underlying bill or resolution
from a standing committee of the House without an additional
intervening period, not just the committee with possession of
the bill or resolution at the time of the filing.
Any member who has signed a discharge resolution which has
been on the calendar at least one legislative day prior thereto
and seeks recognition, shall be recognized for the purpose of
calling up the discharge resolution and the House shall proceed
to its consideration without intervening motion except one
motion to adjourn; however, no discharge resolution shall be
considered during the last six legislative days of any session
of the House. A majority vote of all the members elected to the
House shall be required to agree to a resolution to discharge a
committee. When any perfected discharge resolution has been
acted upon by the House and defeated it shall not be in order to
entertain during the same session of the House any other
discharge resolution from that committee of said measure, or
from any other committee of any other bill or resolution
substantially the same, relating in substance to or dealing with
the same subject matter.
RULE 54
Presentation and Withdrawal of Motions
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When a motion which is in order has been made, the Speaker
shall state it or (if it is in writing) cause it to be read by
the Clerk. It shall then be in the possession of the House, but
it may be withdrawn by the maker at any time before decision or
amendment.
The Speaker shall put the question in the following form,
viz: "those in favor of the motion will say 'aye'." After the
affirmative is expressed, "those who are opposed will say 'no'."
All motions, except for the previous question and a motion
for reconsideration, may be made without a second.
No dilatory motion shall be entertained by the Speaker.
RULE 55
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) For the previous question.
(5) 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.
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Debate on the motion to amend shall be limited to the
amendment and shall not include the general merits of the main
question.
RULE 56
Adjourn
A motion to adjourn or recess is debatable, cannot be amended
and is always in order, except:
(1) when another member has the floor; or
(2) when the House is voting.
RULE 57
Call of the House
If a question of the absence of a quorum is raised by a
member, the Speaker shall order the Sergeant-at-Arms to close
the doors of the House. No member shall be permitted to leave
the House, except by permission of the House. The names of the
members present, together with those members who have filed a
designation under Rule 66 (a), shall be recorded and absentees
noted. Those for whom no leave of absence has been granted or no
sufficient excuse is made may, by order of a majority of the
members present, be sent for and taken into custody by the
Sergeant-at-Arms and assistants appointed for that purpose, and
brought before the bar of the House where, unless excused by a
majority of the members present, they shall be censured or
punished for neglect of duty as the House may direct.
Further proceedings under a call of the House may be
dispensed with at any time after the completion of the roll call
and the announcement of the result.
These proceedings shall be without debate, and no motion,
except to adjourn, shall be in order.
RULE 58
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Persons Admitted Under a Call of the House
Members who voluntarily appear during a call of the House
shall be admitted to the House. Upon recognition by the Speaker
they shall announce their presence and their names shall be
recorded on the roll.
Officers of the House, accredited correspondents and
employees designated by the Chief Clerk shall be admitted to the
House during a call.
Visitors shall not be admitted to the House after the doors
are closed and until the proceedings under the call are
terminated, but they shall be permitted to leave.
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
table shall not cause the subject bill or resolution and all
other amendments to be laid on the table.
RULE 60
Motion to Take from the Table
A motion to take from the table a bill or other subject is in
order under the same order of business in which the matter was
laid on the table. It shall be decided without amendment and 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.
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RULE 61
Previous Question
A motion for the previous question, seconded by 20 members
and sustained by a majority of the members present, shall put an
end to all debate and bring the House to an immediate vote on
the question then pending, or the questions on which it has been
ordered.
A motion for the previous question may be made to embrace any
or all pending amendments or motions and to include the passage
or rejection of a bill or resolution. The motion for the
previous question is only debatable by the Majority Leader and
Minority Leader. Debate shall be limited to three minutes for
each leader.
RULE 62
Call for Yeas and Nays─Reasons for Vote
The yeas and nays of the members on any question shall, at
the desire of any two of them, be entered on the Journal.
(Constitution, Article II, Section 12).
When the Speaker or any member is not satisfied with a voice
vote on a pending question, the Speaker may order a roll call
vote; or, upon request of two members, before the result of the
vote is announced, the Speaker shall order a roll call vote.
A member may submit a written explanation of their vote
immediately following the announcement of the result of the vote
and have it printed in the Journal.
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
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proposition for the decision of the House. Bills and resolutions
shall not be subject to division.
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, voting by
designation 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.
Except as otherwise provided for in the Rules of the House,
no member shall be permitted to vote and have their 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 their 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
call by yeas and nays and those absent and those not voting.
RULE 64 (a)
Chronic Absenteeism
For purposes of this rule the term "chronic absenteeism"
shall mean the unexcused absence of a representative for a
period of five consecutive legislative days from official
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sessions of the House of Representatives or the absence of a
committee member for a period of five consecutive days from an
assigned committee meeting which meeting qualifies as a regular
committee meeting under the rules of the House of
Representatives and the Sunshine Law of the Commonwealth.
Any representative who is absent without excuse from regular
House sessions for a period of five consecutive legislative days
or is absent for a period of five consecutive committee meetings
shall be deemed a chronic absentee and may, on a vote of the
full House, be held in contempt of this House upon motion of
five members of the House for chronic absence from regular House
sessions and by motion of three members of the standing
committee of the House to which such representative is assigned
for chronic absence from regularly scheduled committee meetings.
The term "chronic absenteeism" shall not include:
(1) Absence due to the personal illness or bodily injury of
a representative.
(2) Absence due to personal illness or bodily injury of a
member of the immediate family of the representative.
(3) Death of a member of the immediate family of a
representative.
(4) Absence due to military service.
(5) Any excused absence approved by the House pursuant to
its rules.
RULE 65
Member Having Private Interest
(1) A member who has a personal or private interest in any
measure or bill proposed or pending before the House shall
disclose the fact to the House and shall not vote thereon.
(Constitution, Article III, Section 13).
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(2) A member who, for remuneration, represents any
organization required to register under 65 Pa.C.S. Ch. 13A
(relating to lobbying disclosure) shall file a statement of that
fact with the Chief Clerk.
RULE 65 (a)
Professionals-Legislators
(1) Except as hereinafter provided, any member or employee
of the House or its agencies shall not be retained for
compensation to appear in their professional capacity to
represent the interest of any client in any proceeding before
any Commonwealth department, board, agency, bureau or
commission, except that such member or employee is authorized to
represent the interest of a client at any stage of a proceeding
before the Commonwealth or its agencies where such proceeding
was initially taken or brought as a ministerial action, as
defined by this rule, and as originally taken was not initially
adverse in nature to the interest of the Commonwealth or its
agencies.
(2) The provisions of this rule shall not be applicable to
professionals-legislators:
(a) Representing clients on criminal matters before the
courts of the Commonwealth.
(b) Representing clients on civil matters before the
courts of the Commonwealth.
(c) Representing clients in all stages of a proceeding
before the Commonwealth or its agencies which was initially
commenced as a ministerial action. The term "ministerial
action" means and includes any proceeding or action before
the Commonwealth or its agencies where the proceeding, as
initially commenced involved solely:
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(i) The uncontested or routine action by the
Commonwealth's administrative officers or employees in
issuing or renewing licenses, charters, certificates or
any other documents of a similar nature; or
(ii) The preparation, filing and review of tax
returns and supporting documents required by law; or
(iii) The preparation, filing and review of
engineering and architectural plans, drawings,
specifications and reports; or
(iv) Any other initially routine or uncontested
preparation, filing, review or other action not
enumerated above and considered and normally handled by
the Commonwealth or its agencies as a ministerial action.
(d) Representing clients in workmen's compensation
proceedings before the bureau, its referees or the Workmen's
Compensation Appeals Board.
(3) This rule shall not apply to the other members of the
firm of such member and/or employee.
RULE 65 (b)
Financial Interests in Gaming Entities
Annually, on or before May 1, 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
Electronic Roll Call
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The names of the members shall be listed on the electronic
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
electronic 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 electronic 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 electronic
roll call system.
In the event the electronic 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 electronic 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 their 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 electronic
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
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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,
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 electronically recorded on the roll of members
shall not in any manner be altered or changed by any person.
Except as provided in 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 electronic 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 their vote on any question while presiding
in accordance with instructions from the Chair.
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The Chief Clerk shall post all votes by the electronic 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
be recorded unless the member is at their regularly assigned
seat.
RULE 66 (a)
Vote by Designation
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 shall be counted in
determining whether a quorum is present.
A designation shall be effective until the designation is
revoked.
At any voting meeting of a committee of the House of
Representatives, a member of the committee who is not present
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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 shall be counted in
determining whether a quorum is present.
The Chief Clerk shall implement video conferencing or similar
remote participation technology to allow members voting by
designation on the House Floor or at any voting meeting of a
standing committee of the House of Representatives to engage in
simultaneous, interactive participation.
A voting meeting of a standing committee of the House of
Representatives 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 and must make a live stream
of a voting meeting of a standing committee available to the
public.
RULE 67
Verification and Challenge
Upon completion of a roll call and before the result is
announced, if there appears to be need for verification, the
Speaker may direct the Clerk to verify it, or three members may
demand a verification.
Any member may challenge in writing the yea or nay or
electronically recorded vote of other members. The allegations
made shall be investigated by a committee composed of the
Speaker, a majority member and a minority member appointed by
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the Speaker, who shall submit a report to the House not later
than its next session. The House shall then decide whether the
challenged vote shall be recorded or not.
If the challenged vote would change the result, the
announcement of the vote shall be postponed until the House
decides the case.
RULE 68
Changing Vote
No member may change a vote, or have a vote recorded after
the result of a roll call vote has been announced, nor after an
affirmative or negative roll has been declared verified.
RULE 69
Journal
The Chief Clerk shall keep a Journal of the proceedings of
the House, which shall be printed and shall be made available to
the members.
The Journal of the proceedings of the last day's session
shall not be read unless so ordered by a majority vote of the
House.
RULE 70
History of House Bills
and House Resolutions
A weekly History, showing the title and action on House bills
and the text and action on non-privileged resolutions, shall be
compiled and indexed under the direction of the Chief Clerk and
shall be printed and placed on each member's desk.
The House History shall include a cumulative index of laws
enacted during the session and the text of vetoes by the
Governor.
RULE 71
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House Calendar
Bills and non-privileged resolutions reported from committees
to the House with an affirmative recommendation shall be listed
on the calendar in such manner as prescribed by the Rules
Committee and any other rule of the House. House bills and House
resolutions shall precede Senate bills and Senate resolutions.
Bills and non-privileged resolutions shall be listed on the
House Calendar for no more than 15 consecutive legislative days.
At the end of the 15th consecutive legislative day the said bill
or non-privileged resolution shall be automatically laid on the
table, unless the House shall otherwise direct.
A marked calendar compiled by the Majority Leader shall be
provided to all members on each legislative day on which votes
are scheduled on the calendar.
RULE 72
Journal, Transcribing and
Documents Rooms
No person, except members and employees of the House having
official business, shall be permitted in the Transcribing, the
Legislative Journal, and the Bills and Documents Rooms of the
House without the consent of the Chief Clerk.
RULE 73
Correspondents
Admission to and administration of the Press Galleries of the
Senate and House of Representatives shall be vested in a
Committee on Correspondents consisting of the President pro
tempore of the Senate, or a designee; the Speaker of the House
of Representatives, or a designee; the Supervisor of the Capitol
Newsroom; the President of the Pennsylvania Legislative
Correspondents' Association, or a designee and the Executive
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Director of the Pennsylvania Association of Broadcasters, or a
designee.
Persons desiring admission to the press sections of the
Senate and House of Representatives shall make application to
the Chair of the Committee on Correspondents. Such application
shall state the newspaper, press association or licensed radio
or television station, its location, times of publication or
hours of broadcasting, and be signed by the applicant.
The Committee on Correspondents shall verify the statements
made in such application, and, if the application is approved by
the committee, shall issue a correspondent's card signed by the
members of the committee.
The gallery assigned to newspaper correspondents or
recognized press association correspondents or representatives
of licensed radio and television stations, systems or
newsgathering agencies shall be for their exclusive use and
persons not holding correspondents cards shall not be entitled
to admission thereto. Employees of the General Assembly,
representatives and employees of state departments, boards,
commissions and agencies, visitors and members of the families
of correspondents entitled to admission to the press gallery
shall, at no time, be permitted to occupy the seats or be
entitled to the privileges of the press gallery.
Accredited representatives of newspapers, wire, newsreel
services and licensed radio or television stations, systems or
newsgathering agencies, may be authorized by the Speaker of the
House to take photographs, make audio or video recordings or
tapes, and to broadcast or televise in the House of
Representatives. Applications to take photographs, make audio or
video recordings or tapes, or to broadcast or televise at public
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hearings of committees shall be approved by the committee chair
or co-chairs conducting such hearing. However, the committee
chair conducting the hearing may make such orders to such
representatives as may be necessary to preserve order and
decorum.
No photographs shall be taken nor any recordings or tapes
made, nor any broadcasting or televising done in the House of
Representatives during sessions, being at ease or recessed,
without prior notice to the Representatives. When possible, such
notice shall be given at the beginning of the session, at ease
or recess, during which the photographs, recordings or taping,
broadcasting or televising are scheduled to be taken or made.
No more than one representative of each newspaper, press
association or licensed radio or television station, system or
newsgathering agency shall be admitted to the press gallery at
one time. Members of the Pennsylvania Legislative
Correspondents' Association and representatives of licensed
radio and television stations, systems or newsgathering
agencies, assigned to the House of Representatives on a daily
basis shall have permanent assigned seating in the press gallery
with identification plates. Visiting representatives of daily
newspapers, press associations, Sunday newspapers as well as
radio and television stations, systems or newsgathering agencies
shall coordinate seating accommodations with the supervisor of
the Capitol Newsroom.
Persons assigned to the press gallery on a permanent or
temporary basis, shall at all times, refrain from loud talking
or causing any disturbance which tends to interrupt the
proceedings of the House of Representatives.
Persons assigned to the press gallery on a permanent or
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temporary basis shall not walk onto the floor of the House of
Representatives nor approach the rostrum or the clerks' desks
during session or while being at ease.
Persons assigned to the press gallery on a permanent or
temporary basis wishing to confer with a Representative shall
disclose this fact by having a message delivered by a page to
the Representative. Such conversation shall be conducted off the
floor of the House of Representatives.
Representatives of the Pennsylvania Public Broadcasting
System may, subject to regulations of the Speaker, televise or
make video tapes of proceedings of sessions of the House of
Representatives and meetings of all committees of the House of
Representatives.
RULE 74
Visitors
Visitors shall be admitted to the Hall of the House only when
sponsored by a member. The Chief Clerk shall issue an
appropriate pass to any visitor so sponsored.
Persons admitted to the Hall of the House other than members
and attaches, shall not be permitted to stand while the House is
in session but shall be seated in chairs provided for them. At
no time shall visitors be permitted on the Floor of the House
while the House is in session unless so permitted by the
Speaker.
RULE 75
Lobbyists
No registered lobbyist shall be admitted to the Hall of the
House.
RULE 76
Soliciting Prohibited
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No officer or employee of the House shall solicit any member,
other officer or employee of the House for any purpose.
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
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
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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.
RULE 78
Parliamentary Authority
Mason's Manual, supplemented by Jefferson's Manual of
Legislative Procedure, shall be the parliamentary authority of
the House, if applicable and not inconsistent with the
Constitution of Pennsylvania, the laws of Pennsylvania
applicable to the General Assembly, the Rules of the House, the
established precedents of the House and the established customs
and usages of the House.
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,
political party, political committee, campaign, campaign
committee, political organization or political body which is
intended to influence the outcome of an election, including any
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of the following:
(1) Organizing a campaign meeting, campaign rally or
other campaign event, including a fund-raiser where campaign
contributions are solicited or received.
(2) Preparing or completing responses to questionnaires
that are intended primarily for campaign use.
(3) Preparing, reviewing or filing a campaign finance
report.
(4) Conducting background research on a candidate or an
elected official to be used or intended to be used to
influence the outcome of an election.
(5) Preparing, conducting or participating in campaign
polling.
(6) Preparing, circulating or filing a candidate
nominating petition or papers.
(7) Participating in, preparing, reviewing or filing a
legal challenge to a nominating petition or papers.
(8) Preparing, distributing or mailing campaign
literature, campaign signs or other campaign material on
behalf of or in opposition to any candidate.
(9) Managing a campaign.
(10) Participating in, preparing, reviewing or filing
documents in a recount, challenge or contest of an election.
(11) Posting campaign-related information on a website
or social media website.
(12) Soliciting an individual's vote for a candidate.
(13) Working at a polling place.
"Campaign contribution." A monetary or in-kind contribution
made to a candidate or a campaign.
"Campaign polling." The preparation, compilation, collection
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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 minimis." An economic consequence which has an
insignificant effect.
"Discrimination." An adverse employment action based on a
protected classification.
"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
Representatives.
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(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.
"Harassment." Unwelcome conduct based on an individual's
protected classification when:
(1) submission to the conduct is made either an explicit
or implicit term or condition of employment;
(2) submission to or rejection of the conduct is used as
the basis for an employment decision; or
(3) the conduct is so frequent or severe that it creates
a hostile or offensive work environment.
"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
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devices, and office supplies.
"House work time." Compensated time spent in the performance
of duties by a House employee.
"Independent counsel." An attorney engaged by the Committee
for the purpose of investigating and prosecuting a specific
complaint who shall not be employed during the investigation for
any other purpose or in any other capacity by the House, the
committee or a Member.
"Legislative nonprofit organization." A nonprofit
corporation or other entity whose primary purpose is to receive
funds under the General Appropriation Act or another
appropriation act at the discretion or by reason of the
influence of a Member for use at the discretion or direction of
the Member.
"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
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image of a Member.
"Member." An individual elected to serve in the Pennsylvania
House of Representatives.
"Officers of the House." The Chief Clerk, the Comptroller
and the Parliamentarian of the Pennsylvania House of
Representatives.
"Official mailing lists." Any list containing individuals,
companies or vendors, including names, addresses, telephone
numbers or e-mail addresses that are procured, compiled,
maintained or produced with House funds.
"Own time." A House employee's time that is distinct from
House work time and includes time that is spent on
vacation/annual leave and personal leave. The term does not
include compensatory leave.
"Protected classification." Race, color, religion, age, sex,
sexual orientation, gender, gender identity or expression,
pregnancy, national or ethnic origin, ancestry, disability,
genetic information, veteran or military status or any other
characteristic protected by applicable Federal or State law.
"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
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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
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 their own
time.
(d) A House employee, with the permission of their
employer, may go on leave without pay or benefits to engage
in campaign activities.
(e) A House employee who announces their 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 their 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
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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
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 their 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
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campaign activity or to make a campaign contribution shall
not be 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
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.
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(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
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
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:
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(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
is subject to a complaint of unethical or illegal conduct.
RULE 2.1 E
Professional Conduct
The House of Representatives is committed to creating and
maintaining a work environment free from discrimination and
harassment.
(1) No Member or officer of the House shall engage in
discrimination or harassment, including sexual harassment, of:
(a) another Member or officer of the House or House
employee; or
(b) any individual:
(i) while performing services or duties of the
House;
(ii) in or on House designated offices, property or
facilities; or
(iii) at a House-sponsored meeting or event.
(2) No Member, officer of the House or House employee shall
retaliate against an individual in response to any of the
following actions taken in good faith:
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(a) Filing:
(i) a complaint of discrimination or harassment under
Rules of the House or the policies and procedures of an
employer;
(ii) a charge of discrimination or harassment with a
government agency or commission charged with enforcing
laws relating to discrimination or harassment;
(iii) a civil action or arbitration relating to
discrimination or harassment in a court of competent
jurisdiction; or
(iv) a criminal complaint relating to harassment with
a law enforcement agency.
(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
discrimination or 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
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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
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 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
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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 matter, the Committee may continue
from the stage in the consideration of the matter where the
former Committee ended if a majority of the Committee determines
that such continuation is appropriate without reconsideration of
the information provided by the former Committee.
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 discrimination and harassment 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
administering the education and training programs.
The Committee shall issue to a Member upon the Member's
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request an advisory opinion regarding the Member's duties under
Rule 2 E relating to legislative nonprofit organizations. The
opinion shall be issued within 14 days following the request. No
Member who acts in good faith on an opinion issued under this
paragraph shall be subject to any sanctions for so acting if the
material facts are as stated in the request. Opinions issued
under this paragraph shall be public records and may from time
to time be published. Notwithstanding the foregoing, the Member
requesting the opinion may request that an opinion undergo
deletions and changes necessary to protect the identity of the
persons involved, and the Committee shall make such deletions
and changes.
The Committee may issue other advisory opinions with regard
to questions pertaining to other legislative ethics or decorum
at the request of a Member or House employee. An opinion issued
under this paragraph shall be confidential and shall apply
exclusively to the requestor. No requestor who acts in good
faith on an opinion issued under this paragraph shall be subject
to any sanctions for acting in accordance with the opinion if
the material facts are as stated in the request.
The Committee shall 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 and dated 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
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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
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 materially insufficient as to form;
(d) is a frivolous complaint; or
(2) initiate a preliminary investigation of the alleged
unethical conduct or violation.
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If the Committee dismisses the complaint, the Committee shall
provide notice to the complainant explaining the basis for
dismissal under paragraph (1).
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
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
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
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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 the Member's 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 complainant and the subject in writing of
the result.
If the Committee votes to proceed with a formal
investigation, the Committee shall engage independent counsel
unless the Committee determines that the alleged unethical
conduct or violation raised in the complaint does not warrant
the expense of engaging independent counsel. If the Committee
does not engage independent counsel, the Committee shall be
represented in the investigation and any hearing conducted under
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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) fully investigate and deter unethical conduct or
violation of Rule 2.1 E;
(3) protect due process and other constitutional rights
of a subject; and
(4) protect the public trust.
The Chief Clerk shall pay the fees and expenses of
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
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
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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.
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:
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(1) independent counsel engaged by the Committee
recommends that a hearing be conducted and the Committee
votes to adopt the recommendation; or
(2) 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 complainant and their 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 accusers 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 their own counsel for
the purpose of advising them concerning their constitutional
rights. Counsel may interpose legal objection to any and all
questions which in the opinion of counsel may violate the
constitutional rights of counsel's 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 independent counsel, if one has been
engaged by the Committee, or the Committee staff attorneys, if
independent counsel has not been engaged, to prove that the
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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 unethical conduct or violation
occurred and shall submit its finding to the House. If the
Committee determines that the unethical conduct or violation
occurred, 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 complainant 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. A minority statement
may be included in the report by agreement of the chair and
vice-chair. The House shall not take any action on the findings
and recommendations submitted by the Committee and such findings
and recommendations shall not be made public until a period of
at least seven days has passed following the Committee's
provision of the report to the subject and complainant.
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
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investigations, hearings, and meetings shall not be open to the
public and 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;
(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
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final findings of the Committee are made public;
(2) the subject may, in their 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 as determined by a majority of
the Members of the Committee shall be removed immediately from
the Committee and replaced by another Member in a like manner as
the Member's 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
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
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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 the Member's original appointment.
STANDARD COMMITTEE OPERATING RULES
RULE 1 C
Majority Chair to Call Committee Meetings and Hearings
(a) The majority chair is authorized to call and set dates
and times for meetings and hearings on all matters within the
jurisdiction of the committee.
(b) Majority subcommittee chairs, with prior approval of the
majority chair of the full committee, may call and set dates and
times for subcommittee meetings and hearings on all matters
referred to the subcommittee by the majority chair.
RULE 2 C
Official Committee Leave
If a committee member is unable to attend a committee meeting
due to illness, a scheduling conflict or other business, the
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member or the member's office shall notify the offices of the
majority chair and the minority chair, prior to the end of the
day on which the meeting is held, of the member's intent to
submit an official "Leave Request" form. All completed forms
shall be promptly delivered to the office of the majority chair.
RULE 3 C
Committee Amendments
(a) Except as provided in subsection (b), all amendments
must be prepared by the Legislative Reference Bureau. The maker
of the amendment or the member's staff designee shall submit a
copy of each amendment electronically, or a hard copy, to the
offices of the majority chair and the minority chair by 1:00
P.M. of the business day prior to the start of the properly
advertised meeting at which the bill or resolution will be
considered. The majority chair shall disseminate a copy of each
amendment electronically, or a hard copy, to the committee
members no later than 4:00 P.M. on the same day.
(b) Notwithstanding subsection (a), amendments to a bill or
resolution may be considered under any of the following
circumstances:
(1) The amendment is in typewritten form and less than
three days' notice has been provided to committee members
that the bill will be on the committee agenda. For the
purposes of this provision, Saturdays, Sundays and days in
which the House of Representatives is closed shall not be
counted as part of the three days.
(2) The amendment is in typewritten form and is
technical in nature; is offered to make the document
internally consistent, to clear up ambiguity, correct grammar
or correct a spelling error; and is agreed to by the majority
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chair.
(3) The amendment is in typewritten form and is agreed
to by both the majority chair and the minority chair.
(c) Amendments may only be offered by members of the
committee.
(d) Any amendment offered which is inconsistent with the
provisions of this Rule may be ruled "out of order" by the
majority chair.
RULE 4 C
Suspension of the Committee Rules
Any committee rule or part of a committee rule may be
suspended by a two-thirds vote of the committee members
appointed to the committee.
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