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PRINTER'S NO. 1
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
21
Session of
2023
INTRODUCED BY CUTLER, FEBRUARY 27, 2023
INTRODUCED, FEBRUARY 27, 2023
A RESOLUTION
Adopting permanent rules for the House of Representatives,
further providing for questions of order, for supervision of
Hall of the House and committee rooms, for members' and
employees' expenses, for order of business, for general
appropriation bill and non-preferred bills, for consideration
of bills, for third consideration and final passage bills,
for hospital and home appropriations or acquiring lands of
the Commonwealth, for House and concurrent resolutions, for
standing committees and subcommittees, for powers and duties
of standing committees and subcommittees, for Committee on
Rules, for discharge of committees, for lay on the table, for
previous question, for members required to be present and
vote and for financial interests in gaming entities,
providing for vote by designation and further providing for
Committee on Ethics.
RESOLVED, That the Permanent Rules of the House of
Representatives (2021-2022) be adopted as the Permanent Rules of
the House of Representatives for the 2023-2024 session of the
House of Representatives with the following amendments to the
heading and Rules 4, 8, 14, 17, 19 (b), 21, 24, 32, 35, 43, 45,
46, 53, 59, 61, 64, 65 (b) and 3 E and the addition of Rule 66
(a):
[2021-2022] 2023-2024
GENERAL OPERATING RULES
OF THE HOUSE OF REPRESENTATIVES
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* * *
RULE 4
Questions of Order
The Speaker shall decide all questions of order subject to an
appeal [by two members]. 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 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 rooms, and the committee rooms [and all other rooms
assigned to the House].
Pursuant to the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the Legislative Officers and Employes
Law, the Bipartisan Management Committee shall develop rules or
regulations for the assignment, allocation and use of all other
rooms assigned to the House in the East Wing and Main Capitol.
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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 14
Members' and Employees' Expenses
A member who attends a duly called meeting of a standing or
special committee of which he or she is a member when the House
is not in session or who is summoned to the State Capitol or
elsewhere by the Speaker, or the Majority or Minority Leader of
the House, to perform legislative services when the House is not
in session shall be reimbursed per day for each day of service,
plus mileage to and from the member's residence, at such rates
as are established from time to time by the Committee on Rules
but not in excess of the applicable maximum mileage rate
authorized by the Federal Government. For travel to any location
for committee meetings or for travel to the State Capitol for
any reason, members cannot receive reimbursement in excess of
the applicable maximum per diem rate authorized by the Federal
Government. These expenses shall be paid by the Chief Clerk from
appropriation accounts under the Chief Clerk's exclusive control
and jurisdiction, upon a written request approved by the Speaker
of the House, or the Majority or the Minority Leader of the
House.
An employee of the House summoned by the Speaker or the
Majority or Minority Leader of the House to perform legislative
services outside of Harrisburg shall be reimbursed for actual
expenses and mileage to and from the employee's residence. Such
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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 his or her name and the
name, place, date and the purpose of the function.
Money appropriated specifically to and allocated under a
specific symbol number for allowable expenses of members of the
House of Representatives shall be reimbursed to each member upon
submission of vouchers and any required documentation by each
member on forms prepared by the Chief Clerk of the House. No
reimbursement shall be made from this account where a member is
directly reimbursed for the same purpose from any other
appropriation account.
Such allowable expenses of members may be used for any
legislative purpose or function, including but not limited to
the following:
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(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 only.
(b) Miscellaneous transportation on legislative business
(taxi, airport limousine parking, tolls), and expenses of a
similar nature; voucher only for any single expense not in
excess of $10.
(c) Travel on legislative business by common carrier
other than taxi and airport limousine; voucher and receipt
from common carrier.
(d) Car rental; voucher and receipt from rental agency
but reimbursement not to exceed in any month an amount as may
be approved from time to time by the Committee on Rules. Any
amount in excess of the said amount shall be paid by the
person renting the car. In no event shall other than American
manufactured cars be rented.
(e) Lodging, restaurant charges and other miscellaneous
and incidental expenses while away from home. Vouchers only
for per diem allowance approved from time to time by the
Committee on Rules, but not in excess of the applicable
maximum per diem rate authorized by the Federal Government or
for actual expenses not in excess of such per diem rate.
(2) Administrative, clerical and professional services for
legislative business, except for employment of spouses or any
relatives, by blood or marriage.
(a) Administrative and clerical services; voucher and
receipt from person employed.
(b) Professional services; voucher and receipt and copy
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of agreement or contract of employment.
(3) Rent for legislative office space; purchase of office
supplies; postage; telephone and answering services; printing
services and rental only of office equipment; voucher and
vendor's receipt, except for postage expense.
(4) Official entertainment─restaurant and beverage charges;
voucher only for expenses. Receipts for entertainment expenses,
together with a statement of the reason for the expense, shall
be submitted with the request for reimbursement.
(5) Purchase of flags, plaques, publications, photographic
services, books, and other similar items in connection with
legislative activities; voucher and vendor's receipt.
(6) Communications and donations in extending
congratulations or sympathy of illness or death; voucher only on
expenses not in excess of $35.
No money appropriated for members' and employees' expenses
shall be used for contributions to political parties or their
affiliated organizations.
No money appropriated for members' and employees' expenses
shall be used for contributions to charitable organizations or
for charitable advertisements. This paragraph shall not prevent
a de minimis use of legislative resources, in connection with
legislative activities, to benefit a bona fide charitable
organization that serves a member's district.
Members and employees shall not request reimbursement for the
private lease of vehicles leased on a long-term basis. No
payments will be made with respect to private, long-term lease
vehicle expenses incurred by members or employees except with
respect to private, long-term lease arrangements entered into by
a member prior to March 13, 2007, payments for which will be
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made in accord with the rules in place on March 12, 2007. After
November 30, 2022, 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. After November 30, 2022, the Chief Clerk may not
assign automobiles leased or owned by the Commonwealth to
members, but may maintain automobiles leased to members prior to
November 30, 2022. A member with an automobile leased prior to
November 30, 2022, 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 after November
30, 2022.
All disbursements made, debts incurred or advancements paid
from any appropriation account made to the House or to a member
or nonmember officer under a General Appropriation Act or any
other appropriation act shall be recorded in a monthly report
and filed with the Chief Clerk by the person authorized to make
such disbursement, incur any debt or receive any advancement on
a form prescribed by the Chief Clerk.
The Chief Clerk shall prescribe the form of all such reports
and make such forms available to those persons required to file
such reports. Such report form shall include:
(1) As to personnel:
(a) The name, home address, job title, brief description
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of duties and where they are performed, department or member
or members to whom assigned, the name of immediate supervisor
and minimum hours of employment per week of each employee.
(b) The appropriation account from which such employee
is compensated, the amount of compensation and whether such
person is on salary, per diem or contract.
(2) As to all other expenditures:
(a) To whom it was paid, the amount thereof, and the
nature of the goods, services or other purpose for which the
expenditure was made.
(b) The appropriation account from which the expenditure
was made and the name or names of the person or persons
requesting and/or authorizing the same.
The reporting requirements as to personnel may be fulfilled
by the maintenance in the Office of the Chief Clerk of the House
of an alphabetized file containing the current information for
each employee as set forth above.
All monthly reports filed on disbursements made or debts
incurred by any officer or member or employee from
appropriations made to the House or to a member or nonmember
officer under any General Appropriation Act, and the
documentation for each disbursement, shall be public information
and shall be available in accordance with the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. The
monthly reports shall only be subject to redaction for
information exempt from access under 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
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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. In no event
shall any payment or reimbursement be made for any otherwise
allowable expense incurred on or before March 12, 2007. The
voucher form shall be approved and supplied by the Chief Clerk.
Receipts or documentation of every expenditure or disbursement
which is in excess of the maximum amount as set forth herein
shall be attached to the voucher. Where a request for payment is
made in advance of an expense actually incurred, the Chief
Clerk, before making such advance payment shall require a
description satisfactory to the Chief Clerk of the item or
service to be purchased or the expense to be incurred, and a
receipt or other documentation shall be given to the Chief Clerk
after the item or service has been purchased or expense incurred
as evidence that such advancement was in fact expended for such
purpose.
All reports, vouchers and receipts from which reports are
prepared and filed shall be retained by the Chief Clerk, officer
or member, as the case may be, for such period of time as may be
necessary to enable the Legislative Audit Advisory Commission
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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.
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.
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The Chief Clerk and the Comptroller shall develop a system to
provide a quarterly list of expenses of each member to the
Legislative Data Processing Committee for publication on a
publicly accessible Internet website. The list of expenses shall
be in a format that is searchable by name, office, account, date
and any other format authorized by the Bipartisan Management
Committee and shall include all of the following:
(1) Per diems for each member of the House of
Representatives.
(2) Travel expenses on legislative business, including:
(a) Mileage on any legislative day.
(b) Miscellaneous transportation on legislative business
and expenses of a similar nature.
(c) Travel on legislative business by common carrier.
(d) Car rental.
(e) Lodging, restaurant charges and other miscellaneous
and incidental expenses while away from home.
(3) Administrative, clerical and professional services for
legislative business, including:
(a) Administrative and clerical services.
(b) Professional services.
(4) Rent for legislative office space, purchase of office
supplies, postage, telephone and answering services, printing
services and rental only of office equipment.
(5) Official entertainment, including restaurant and
beverage charges.
(6) Purchase of flags, plaques, publications, photographic
services, books and other similar items in connection with
legislative activities.
(7) Communications and donations in extending
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congratulations or sympathy of illness or death.
The following information shall be included on the list of
expenses submitted to the Legislative Data Processing Committee
for publication on a publicly accessible Internet website:
(1) The date the expense was paid.
(2) To whom the expense was paid, the amount of the expense
and the nature of the goods, services or other purpose for which
the expense was made.
(3) The appropriation account from which the expense was
made and the name of the individual requesting the expense and
the name of the individual authorizing the expense.
* * *
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 and members voting by designation.
(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,
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resolutions, petitions, memorials, remonstrances and other
papers.
(13) Unfinished business on the Speaker's table.
(14) Announcements.
(15) Adjournment.
Any question may, by a majority vote of the members elected,
be made a special order of business. [When the time arrives for
its consideration, the Speaker shall lay the special order of
business before the House.] Notwithstanding any rule to the
contrary, when a special order of business is adopted by a
majority vote of the members elected, the underlying question
shall immediately be placed before the House. In no case shall a
special order of business be used to vote a bill on second
consideration until, at the earliest, the second legislative day
following first consideration.
In lieu of offering House Resolutions on topics of importance
to members, any member, without unanimous consent, may address
the House on such issue and have his or her remarks entered into
the record during a special period of time established each week
by the Speaker either prior to, or at the conclusion of, House
business on a specific day.
* * *
RULE 19 (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
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the same fiscal year.
Any amendment offered on the floor of the House to the
General Appropriation Bill that proposes to increase spending of
Federal or State dollars for the Commonwealth's proposed fiscal
year or prior fiscal years above the levels contained in the
General Appropriation Bill as reported from the Appropriations
Committee plus any aggregate if certified each year by the
Appropriations Committee shall not be in order and may not be
considered unless the same amendment contains sufficient
reductions in line items of that General Appropriation Bill so
that the amendment offered does not result in a net increase in
the total proposed spending contained within the General
Appropriation Bill plus any aggregate if certified by the
Appropriations Committee.
Any amendment offered on the floor of the House to any non-
preferred appropriation bill that proposes to increase spending
of Federal or 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
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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
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
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entitled to be recognized once. Unless the chair or minority
chair of the Appropriations Committee objects to the
determination that a bill implements the General Appropriation
Bill, bills implementing the General Appropriation Bill shall be
subject to the limits of this paragraph.
* * *
RULE 21
Consideration of Bills
(a) Every bill and every joint resolution shall be
considered on three different days. All amendments made thereto
shall be printed for the use of the members before the final
vote is taken thereon, and before the final vote is taken, upon
written request addressed to the presiding officer by at least
25% of the members elected to the House, any bill shall be read
at length. No bill shall become law and no joint resolution
adopted unless, on its final passage, the vote is taken by yeas
and nays, the names of the persons voting for and against it are
entered on the Journal, and a majority of the members elected to
the House is recorded thereon as voting in its favor.
(Constitution, Article III, Section 4).
(b) Members shall be notified of bills and resolutions
scheduled to be voted no later than prior to the close of
business at 4:30 P.M. of the second legislative day prior to the
date of second consideration for legislation that has no legal
deadline. (The General Appropriation Act and non-preferred bills
are included within the definition of legislation that has no
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
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scheduled to be voted on third consideration. A change in the
printer's number as a result of third consideration shall not
require an additional notice of final passage. No vote on final
passage can occur before the date of the scheduled vote.
(c) If the amendment cannot be submitted in accordance with
the above subsection because it is still being prepared by the
Legislative Reference Bureau, the member must provide the Office
of the Chief Clerk with a statement, by the above-noted 1:00
P.M. deadline, prepared by the member containing the factual
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
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legislative day due solely to delay in receipt of replacement
amendments, then only amendments timely filed for the date of
the originally scheduled vote and replacement amendments shall
be considered. This limitation on amendments shall not apply to
the bill in question if consideration of the bill is rescheduled
beyond the new legislative day.
(e) A bill may not receive action on concurrence until at
least [six] three hours have elapsed from the time the bill and
its amendatory language was available to the public, unless the
amendment was a technical amendment as described under the first
paragraph of Rule 24 or an affirmative vote of 2/3 of the
members elected to the House indicates 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 [12] 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.
* * *
RULE 24
Third Consideration and Final Passage Bills
Bills on third consideration shall be considered in their
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calendar order and shall be subject to amendment only when an
amendment is necessary to make the document internally
consistent, to clear up an ambiguity, to correct grammar or to
correct a drafting error or is necessary for purposes of
statutory construction. An amendment under this paragraph shall
not be subject to the filing deadlines under Rule 21. A bill
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 [12] three hours have
elapsed from the time the bill and its amendatory language was
available to the public, unless the amendment was a technical
amendment permitted under the first paragraph of 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
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agreed to and are now on final passage. The question is, shall
the bills on the uncontested calendar pass finally? Agreeable to
the provision of the Constitution, the yeas and nays will now be
taken."
* * *
RULE 32
Hospital and Home Appropriations [or],
Acquiring Lands of the Commonwealth
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, the Legislative Data Processing
Center 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
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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.
The memorandum shall be posted by the Legislative Data
Processing Center on the publicly accessible Internet website of
the General Assembly.
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
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 35
House and Concurrent Resolutions
Members introducing resolutions other than concurrent
resolutions shall file five copies thereof; seven copies of
concurrent resolutions shall be filed. All resolutions shall be
signed by their sponsors, dated and filed with the Chief Clerk.
After being numbered, one copy of all resolutions shall be given
to the news media and all other copies delivered to the Speaker.
A sponsor may not be added or withdrawn after a resolution has
been printed. Resolutions may not be withdrawn after reference
to a committee.
Unless privileged under Rule 36 for immediate consideration
or deemed noncontroversial by the Speaker in consultation with
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the Majority Leader and the Minority Leader, the Speaker shall
refer House resolutions (except discharge resolutions) and
Senate resolutions presented to the House for concurrence to
appropriate committees. No House resolution shall be deemed
noncontroversial if an indictment is returned or a charge is
filed before a court of record against the prime sponsor of the
resolution, and the gravamen of the indictment or charge is
directly related to his or her conduct as a member or is one
which would render the member ineligible to the General Assembly
under section 7 of Article II of the Constitution of
Pennsylvania. If, during the same legislative term, the
indictment or charge is quashed, dismissed or withdrawn, or the
court finds that the member is not guilty of the offense
alleged, the member may be the prime sponsor of subsequently
introduced House resolutions deemed noncontroversial as provided
in this rule.
House resolutions deemed noncontroversial 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
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.
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A House resolution other than a [concurrent or] joint
resolution shall not:
(a) recognize or designate a day or other period of time
which is not a Federal or Pennsylvania state holiday for any
purpose;
(b) 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;
(c) congratulate individuals or entities for achievements;
or
(d) be offered for any non-legislative purpose or function.
The Speaker shall report to the House the committees to which
resolutions have been referred, either on the day introduced or
received or the next two legislative days the House is in
session.
A resolution introduced in the House and referred to
committee shall be printed and placed in the House files.
When a resolution (House or Senate) is reported from
committee, it shall be placed on the calendar and may be called
up by a member for consideration by the House under the order of
business of resolutions. A House resolution other than a
concurrent or joint resolution shall be adopted by a majority of
the members voting.
* * *
RULE 43
Standing Committees and Subcommittees
The Committee on Committees shall consist of the Speaker and
15 members of the House, ten of whom shall be members of the
majority party and five of whom shall be members of the minority
party, whose duty shall be to recommend to the House the names
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of members who are to serve on the standing committees of the
House. Except for the Speaker, the Majority and Minority
Leaders, Whips, Caucus Chairs, Caucus Secretaries, Caucus
Administrators, Policy Chairs and the chairs and minority chairs
of standing committees, each member shall be entitled to serve
on not less than two standing committees.
The [Speaker] Majority Leader 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] Majority Leader; when the
standing committee has standing subcommittees, the [Speaker]
Majority Leader shall appoint a subcommittee chair for each
standing subcommittee. The [Speaker] Majority Leader 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
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or minority chair without regard to seniority. The Speaker and
the Floor Leader, Whip, Caucus Chair, Caucus Secretary, Caucus
Administrator and Policy Chair of the majority party and
minority party shall not be eligible to serve as chair or
minority chair of any standing committee and no member may serve
as chair or minority chair of more than one standing committee.
Any chair or minority chair held by a member who fails to
meet the requirements of this rule shall become vacant by
automatic operation of this rule. If the appointing authority
fails to make an appointment of a chair or minority chair prior
to the organizational meeting of a standing committee or fails
to fill a vacancy within seven calendar days after it occurs,
such position shall be deemed to remain vacant in violation of
this rule. Whenever a chair or minority chair becomes vacant or
remains vacant in violation of this rule, the member of the
applicable caucus who meets the requirements of this rule shall
automatically fill the vacancy and, if there are two or more
such eligible caucus members for any such vacancy or vacancies,
they shall be filled from among such eligible members through a
lottery to be conducted under the supervision of the Chief Clerk
after giving notice of the time and place thereof to all
eligible members, to the Speaker, to the Majority Leader and to
the Minority Leader.
Nothing in this rule shall prohibit the appointing authority
from transferring a member from the chair or minority chair of a
standing committee to the chair or minority chair of another
standing committee.
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
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shall make a temporary transfer of an eligible committee member
to the standing committee vacated by the member appointed as
chair or minority chair until a regular committee appointment
can be made in accordance with the rules of the House. If the
[Speaker] Majority Leader 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 25 members except the Committee on Appropriations, which
shall consist of 37 members, are hereby created. In addition,
there are hereby created 56 standing subcommittees.
All standing committees shall consist of [15] 13 members of
the majority party and [10] 12 members of the minority party,
except the Committee on Appropriations which shall consist of
[22] 20 members of the majority party and [15] 17 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] Long-term Care
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(a) Subcommittee on Care and Services
(b) Subcommittee on Programs and Benefits
(2) Agriculture and Rural Affairs
(3) Appropriations
(a) Subcommittee on Health and Human Services
(b) Subcommittee on Education
(c) Subcommittee on Economic Impact and Infrastructure
(d) Subcommittee on Fiscal Policy
(e) Subcommittee on Criminal Justice
(f) Subcommittee on Government and Financial Oversight
(4) Children [and Youth], Youth and Family Services
(5) Commerce
(a) Subcommittee on Financial Services and Banking
[(b) Subcommittee on Housing
(c) Subcommittee on Economic Development
(d) Subcommittee on Small Business
(e) Subcommittee on Automation and Technology]
(b) Subcommittee on Economic Development
(c) Subcommittee on Small Business
(6) Consumer Affairs and Protection
(a) Subcommittee on Public 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
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(b) Subcommittee on Mining
(c) Subcommittee on Parks and Forests
(9) Finance
[(a) Subcommittee on Tax Modernization and Reform]
(10) Game and Fisheries
(11) Gaming Oversight
(12) Health
(a) Subcommittee on Health Facilities
(b) Subcommittee on Health Care
(12.1) Housing and Community Infrastructure
(a) Subcommittee on Cities, Counties - First Class
(b) Subcommittee on Cities, Counties - Second Class
(c) Subcommittee on Cities, Third Class
(13) Human Services
(a) Subcommittee on Mental Health
(b) Subcommittee on Drugs and Alcohol
(14) Insurance
(15) Judiciary
(a) Subcommittee on Crime and Corrections
(b) Subcommittee on Courts
(c) Subcommittee on Family Law
(16) Labor and Industry
[(a) Subcommittee on Employment and Unemployment
Compensation
(b) Subcommittee on Workers Compensation and Worker
Protection]
(17) Liquor Control
(a) Subcommittee on Licensing
(b) Subcommittee on Marketing
(18) Local Government
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(a) Subcommittee on Boroughs
(b) Subcommittee on Counties
(c) Subcommittee on Townships
(19) Professional Licensure
(20) State Government
(a) Subcommittee on Government Operations
(b) Subcommittee on Government Information Technology
and Communication
(c) Subcommittee on Government Integrity and
Transparency
(d) Subcommittee on Public Pensions, Benefits and Risk
Management
(e) Subcommittee on Campaign Finance and Elections
(21) Tourism and Recreational Development
(a) Subcommittee on Arts and Entertainment
(b) Subcommittee on Recreation
(c) Subcommittee on Travel Promotion, History and
Heritage
(22) Transportation
(a) Subcommittee on Highways
(b) Subcommittee on Public Transportation
(c) Subcommittee on Transportation Safety
(d) Subcommittee on Aviation
(e) Subcommittee on Railroads
(f) Subcommittee on Ports
(23) [Urban Affairs
(a) Subcommittee on Cities, Counties - First Class
(b) Subcommittee on Cities, Counties - Second Class
(c) Subcommittee on Cities, Third Class] (Reserved)
(24) Veterans Affairs and Emergency Preparedness
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(a) Subcommittee on Military and Veterans Facilities
(b) Subcommittee on Security and Emergency Response
Readiness
* * *
RULE 45
Powers and Duties of Standing Committees
and Subcommittees
The chair of each standing committee and subcommittee shall
fix regular weekly, biweekly or monthly meeting days for the
transaction of business before the committee or subcommittee.
The chair of the committee or subcommittee shall notify all
members, at least 24 hours in advance of the date, time and
place of regular meetings, and, insofar as possible, the
subjects on the agenda. In addition to regular meetings, special
meetings may be called from time to time by the chair of the
committee or subcommittee as they deem necessary. No recess or
combination of recesses shall exceed 48 hours for any committee
meeting or subcommittee meeting. No committee shall meet during
any session of the House without first obtaining permission of
the Speaker. During any such meeting, no vote shall be taken on
the Floor of the House on any amendment, recommittal motion,
final passage of any bill, or any other matter requiring a roll
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,
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resolution, or other matter on the agenda. The secretary of each
standing committee, or in case of subcommittees a secretary
designated by the subcommittee chair, shall record:
(1) the minutes of the meeting,
(2) all votes taken,
(3) a roll or attendance of members at standing committee or
subcommittee meetings showing the names of those present, absent
or excused from attendance, and the majority and minority chairs
or their designees shall verify by their signatures all votes
taken and the roll or attendance of those members present,
absent or excused before said records are submitted to the Chief
Clerk, and
(4) dispatch of bills and resolutions before the committee.
Such records shall be open to public inspection. On the first
legislative day of each week the House is in session, the chair
of each standing committee shall submit to the Chief Clerk for
inclusion in the House Journal only, the roll or record of
attendance of members at standing committee or subcommittee
meetings held prior thereto and not yet reported, along with the
record of all votes taken at such meetings. All reports from
standing committees shall be prepared in writing by the
secretary of the committee. Members of a standing committee may
prepare in writing and file a minority report, setting forth the
reasons for their dissent. Such committee reports shall be filed
with the Chief Clerk within five days of the meeting. All
meetings at which formal action is taken by a standing committee
or subcommittee shall be open to the public, making such reports
as are required under Rule 44. When any member, except for an
excused absence, fails to attend five consecutive regular
meetings of his or her committee, the chair of that committee or
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subcommittee shall notify the member of that fact and, if the
member in question fails to reasonably justify absences to the
satisfaction of a majority of the membership of the standing
committee of which he or she is a member, membership on the
committee or subcommittee shall be deemed vacant and the chair
of the standing committee shall notify the Speaker of the House
to that effect. Such vacancy shall then be filled in the manner
prescribed by these rules.
Whenever the chair of any standing committee shall refuse to
call a regular meeting, then a majority of the members of the
standing committee may vote to call a meeting by giving two days
written notice to the Speaker of the House, setting the time and
place for such meeting. Such notice shall be read in the House
and the same posted by the Chief Clerk in the House Chamber.
Thereafter, the meeting shall be held at the time and place
specified in the notice. In addition, all provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of
meetings shall be complied with.
Records, bills and other papers in the possession of
committees and subcommittees, upon final adjournment of the
House shall be filed with the Chief Clerk.
The chair of each standing committee shall have the power to
administer oaths and affirmations to witnesses appearing before
the committee.
No committee report, except a report of the Appropriations
Committee, shall be recognized by the House, unless the same has
been acted upon by a majority vote of the members of a standing
committee present at a committee session actually assembled and
meeting as a committee, provided such majority vote numbers at
least [11] 13 members, and provided further a quorum is present.
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No committee report of the Appropriations Committee shall be
recognized by the House, unless the same has been acted upon by
a majority vote of the members of such committee present at a
committee session actually assembled and meeting as a committee,
provided such majority vote numbers at least [17] 18 members,
and provided further a quorum is present.
No proxy voting shall be permitted in committee, except as
provided for herein. If a member reports to a scheduled
committee meeting and advises the chair and other members of a
conflicting committee meeting or other legislative meeting which
he or she must attend on the same day, the member is authorized
to give the chair or minority chair his or her proxy in writing
which shall be valid only for that day and which shall include
written instructions for the exercise of such proxy by the chair
or minority chair during the meeting. The member should also
advise the chair where he or she can be reached. In the event
the conflicting committee meeting or other legislative meeting
is scheduled to convene at the same time or prior to the meeting
at which a member desires to vote by proxy, such proxy shall be
delivered to both the chair and minority chair prior to, but on
the same day as, the conflicting meetings.
When the majority of the members of a standing committee
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.
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Whenever the phrase "majority of members of a standing
committee or subcommittee" is used in these rules, it shall mean
majority of the entire membership to which a standing committee
or subcommittee is entitled, unless the context thereof
indicates a different intent.
To assist the House in appraising the administration of the
laws and in developing such amendments or related legislation as
it may deem necessary, each standing committee or subcommittee
of the House shall exercise continuous watchfulness of the
execution by the administrative agencies concerned of any laws,
the subject matter of which is within the jurisdiction of such
committee or subcommittee; and, for that purpose, shall study
all pertinent reports and data submitted to the House by the
agencies in the executive branch of the Government.
The Committee on Appropriations shall have the power to issue
subpoenas under the hand and seal of its chair commanding any
person to appear before it and answer questions touching matters
properly being inquired into by the committee, which matters
shall include data from any fund administered by the
Commonwealth, and to produce such books, papers, records,
accounts, reports, documents and data and information produced
and stored by any electronic data processing system as the
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
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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 46
Committee on Rules
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] Majority Leader, 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
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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 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
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 25 members
of the House 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 the discharge resolution has been placed
on the calendar, the committee in possession of the underlying
bill may take no action on the bill or resolution except to
report the bill or resolution to the House under its current
printer's number and without a recommendation to re-refer to
another committee, until such time as the discharge resolution
is acted upon by the House.
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
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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 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 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
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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
the Minority Leader. Debate shall be limited to no more than two
minutes for each leader.
* * *
RULE 64
Members Required to be Present and Vote
Every member shall be present within the Hall of the House
during its sittings, unless excused by the House or unavoidably
prevented, and shall vote for or against each question put,
unless he or she has a direct personal or pecuniary interest in
the determination of the question or unless excused.
A member may exit the Hall of the House for brief periods
without being placed on leave to attend to the member's
immediate personal needs. In such instances, the member shall
not leave the vicinity of the Hall of the House in the Capitol
Complex and shall return to the Hall of the House promptly if
requested.
[No] Except as provided in the rules of the House, no member
shall be permitted to vote and have his or her vote recorded on
the roll unless present in the Hall of the House during the roll
call vote, except that a member may provide direction for his or
her vote if the member is in the vicinity of the Hall of the
House in the Capitol Complex attending to the member's immediate
personal need.
The Legislative Journal shall show the result of each roll
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call by yeas and nays and those absent and those not voting.
* * *
RULE 65 (b)
Financial Interests in Gaming Entities
Annually, on or before [April 30] 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 (a)
Vote by Designation
A member who is not present in the Hall of the House due to a
family emergency, death of a family member, personal health
condition, military service or disaster emergency 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, and which provides the reason for the member's absence. A
designation shall be effective for five days unless sooner
revoked by the member. A member may revoke the member's
designation by notifying the Chief Clerk in writing of the
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revocation.
If a member is voting by designation on the House Floor,
prior to locking the voting machine and instructing the clerk to
record a vote, the Speaker shall state: "Without objection, the
clerk will record the vote."
At any voting meeting of a committee of the House of
Representatives, a member of the committee who is not present
due to a family emergency, death of a family member, personal
health condition, military service or disaster emergency may
designate the chair or minority chair to cast the member's vote
on any question.
A designation for a voting meeting of a committee of the
House of Representatives 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, and which
provides the reason for the member's absence.
A member voting by designation on the House Floor or at any
voting meeting of a committee of the House of Representatives
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.
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For purposes of this rule, the following words and phrases
shall have the meanings given to them in this rule unless the
context clearly indicates otherwise:
"Disaster emergency" shall mean any disaster emergency
declared by the Governor, or extended by the General Assembly,
which prevents a member from attending legislative session.
"Family emergency" shall mean any adverse physical or mental
condition of a family member, arising from injury, sickness,
disease or trauma, which requires a member to devote significant
time in order to provide support or care to the family member,
and shall include maternity and paternity leave.
"Family member" shall mean any child, stepchild, grandchild,
parent, stepparent, grandparent, spouse or partner, sibling,
mother-in-law, father-in-law, son-in-law, daughter-in-law,
brother-in-law or sister-in-law and shall include guardian,
custodian, adoptive and foster relationships.
"Personal health condition" shall mean an illness, injury,
impairment or physical or mental condition during a period of
treatment or supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or
continuing treatment or continuing supervision by a health care
provider.
* * *
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
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secretary for the Committee. The chair shall be a member of the
majority party, and the vice chair shall be a member of the
minority party.
The members of the Committee shall first meet upon the call
of the chair and perfect its organization. A majority of the
Committee shall constitute a quorum for it to proceed to
business. Unless otherwise provided in this rule, a majority of
the Committee shall be required to take any action authorized by
this rule. The Committee shall have the power to promulgate
rules not inconsistent with this rule or Rules of the House that
may be necessary for the orderly conduct of its business.
The chair of the Committee shall notify all members of the
Committee at least 24 hours in advance of the date, time and
place of meetings and, insofar as possible, the subjects on the
agenda. Meetings may be called from time to time by the chair of
the Committee as the chair deems necessary. A member of the
Committee may request that the chair call a meeting for a
specific purpose. If the chair refuses to call a meeting upon
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,
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transcripts and other materials compiled by the Committee for
such matters, as well as any communications or other materials
received by the Committee after sine die adjournment of the
General Assembly, shall be collected, organized and submitted to
the Chief Clerk under seal for transition to the reconstituted
Committee consisting of Members appointed from the incoming
General Assembly. These materials shall be held in a secure
manner and nothing in this rule shall authorize the Chief Clerk
or any other person to view such materials. Within 30 days
following the reconstitution of the Committee in the next
succeeding legislative term, the Committee shall review such
materials and determine whether or not to proceed with one or
more of the matters under review by the former Committee or
received after sine die adjournment. Any time period required
for any actions of the Committee or others under this rule shall
be tolled until the reconstituted Committee has made a
determination whether or not to proceed. If the Committee
determines to proceed with a matter, the Committee shall, if
applicable, continue from the stage in the consideration of the
matter where the former Committee ended.
The Committee shall compile, update and distribute a Members'
Handbook on Ethics for Members and House Employees on matters
regarding the ethical conduct of their legislative duties. Each
Member shall complete two hours of ethics education and training
and one hour of sexual harassment and discrimination in the
workplace education and training each legislative term. A Member
shall be excused from one hour of ethics training for any full
year the Member was absent due to illness, injury, military
service or any other permissible excuse under General Operating
Rule 64(a). The Committee shall be responsible for planning and
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offering the education and training programs.
The Committee shall issue to a Member upon the Member's
request an advisory opinion regarding the Member's duties under
Rule 2E relating to legislative nonprofit organizations. The
opinion shall be issued within 14 days following the request. No
Member who acts in good faith on an opinion issued under this
paragraph shall be subject to any sanctions for so acting if the
material facts are as stated in the request. Opinions issued
under this paragraph shall be public records and may from time
to time be published. Notwithstanding the foregoing, the Member
requesting the opinion may request that an opinion undergo
deletions and changes necessary to protect the identity of the
persons involved, and the Committee shall make such deletions
and changes.
The Committee may issue other advisory opinions with regard
to questions pertaining to other legislative ethics or decorum
at the request of a Member or House employee. An opinion issued
under this paragraph shall be confidential and shall apply
exclusively to the requestor. No requestor who acts in good
faith on an opinion issued under this paragraph shall be subject
to any sanctions for acting in accordance with the opinion if
the material facts are as stated in the request.
The Committee may receive complaints against Members and
House employees alleging unethical conduct under the Legislative
Code of Ethics or the Rules of the House and complaints against
Members and officers of the House for violations of Rule 2.1 E.
A complaint must be in writing and be signed by the person
filing the complaint under penalty of law under 18 Pa.C.S. §
4904 (relating to unsworn falsification to authorities). The
complaint must set forth in detail the actions constituting the
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alleged unethical conduct or violation. No person shall disclose
or acknowledge to any other person any information relating to
the filing of a complaint or the proposed filing of a complaint,
except as otherwise authorized under this rule or Rule 2.1 E,
for the purpose of seeking legal advice, as otherwise required
by law or to carry out a function of the Committee.
The Committee shall not have jurisdiction over, shall not
accept for review or action and shall return to the complainant
with a notice explaining the Committee's lack of jurisdiction
any of the following:
(1) a complaint filed later than five years following
the occurrence of the alleged unethical conduct or violation;
(2) a complaint filed against a former Member or former
House employee unless required by Section 7(c) of the
Legislative Code of Ethics; or
(3) a complaint filed against a Member during a
restricted period.
A five-year limitations period that expires during a
restricted period shall be tolled until the day following the
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, with notice explaining the
basis for the Committee's dismissal, if it:
(a) alleges facts that do not constitute unethical
conduct or a violation of Rule 2.1 E;
(b) is objectively baseless;
(c) is insufficient as to form;
(d) is a frivolous complaint; or
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(2) initiate a preliminary investigation of the alleged
unethical conduct or violation.
If the Committee initiates a preliminary investigation, it
shall, promptly upon voting to proceed, send the subject a
letter setting forth each allegation in the complaint. Within 15
days after receipt of the letter, the subject may file a written
response with the Committee. Failure of the subject to file a
response shall not be deemed to be an admission, or create an
inference or presumption, that the allegations in the complaint
are true, and such failure shall not prohibit the Committee from
either proceeding with the preliminary or a formal investigation
or dismissing the complaint. The Committee may engage an
independent counsel to assist in a preliminary investigation.
The subject may be represented by counsel of the subject's
choosing at any point during an investigation under this rule.
If the Committee initiates a preliminary investigation of a
complaint of a violation under Rule 2.1 E, it shall also send to
the appropriate employer a copy of the letter sent to the
subject setting forth each allegation in the complaint. Upon the
request of the complainant, the employer shall make adjustments
to the complainant's work hours, assignment or duties or
location that may be appropriate under the circumstances of the
allegations in the complaint. The adjustments may include:
(1) removing the complainant or the subject from the
physical work location of the complainant;
(2) allowing the complainant to be placed on
administrative leave with continued pay and benefits, if
applicable; or
(3) any other reasonable accommodation agreed to by the
employer and the complainant.
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The employer shall keep the letter and the fact of the
initiation of a preliminary investigation confidential but may
disclose necessary information to Members, officers of the House
or House employees as needed in order to implement the foregoing
adjustments. No House employee shall retaliate or take adverse
actions against the complainant in response to the filing of a
complaint of a violation of Rule 2.1 E with the Committee.
A member of the Committee who is the complainant, the subject
or a witness to the unethical conduct or violation alleged in a
complaint shall not participate in any Committee consideration
of the complaint. The Member shall be temporarily replaced on
the Committee in a like manner as his or her original
appointment.
Within 30 days following the initiation of a preliminary
investigation, the Committee shall vote to dismiss the complaint
for lack of probable cause to support the alleged unethical
conduct or violation or to proceed with a formal investigation
because it finds that probable cause exists. If a majority of
the Committee is unable to agree on either course of action, the
Committee shall dismiss the complaint. The Committee shall
promptly notify the subject in writing of the result.
If the Committee votes to proceed with a formal
investigation, the Committee shall engage an independent counsel
unless the Committee determines that the alleged unethical
conduct or violation raised in the complaint does not warrant
the expense of engaging an independent counsel. If the Committee
does not engage an independent counsel, the Committee shall be
represented in the investigation and any hearing conducted under
this rule by Committee staff attorneys, including at least one
from each party.
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The Committee, including Committee staff attorneys, and any
independent counsel engaged by the Committee shall have the
power to conduct investigations and hearings under the
guidelines set out in this rule. Where a provision of this rule
conflicts with another Rule of the House, the provision of this
rule shall govern. This rule shall be construed to empower the
Committee and its independent counsel to do all of the
following:
(1) act as a neutral fact-finder;
(2) protect due process and other constitutional rights
of a subject;
(3) fully investigate and deter unethical conduct or
violation of Rule 2.1 E; and
(4) protect the public trust.
The Chief Clerk shall pay the fees and expenses of an
Independent Counsel engaged by the Committee under this rule.
The Committee may issue subpoenas for documents or testimony
as part of a preliminary investigation, a formal investigation
or in connection with a hearing before the Committee.
Notwithstanding the provision of any other Rule of the House,
subpoenas issued under this rule shall be in the name of the
Committee, shall be signed by the chair of the Committee and
shall be attested by another member of the Committee who voted
in favor of authorizing the subpoena.
A subpoena issued by the Committee may be served upon any
person and shall have the force and effect of a subpoena issued
out of the courts of this Commonwealth. Subpoenas shall be
served by the Sergeant-at-Arms of the House or another person
designated by the Committee when directed to do so by the
Committee. Each subpoena shall be addressed to the witness and
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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:
(1) the independent counsel engaged by the Committee
recommends that a hearing be conducted and the Committee
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votes to adopt the recommendation; or
(2) an independent counsel was not engaged by the
Committee but the Committee finds that the testimony and
documents reviewed by the Committee during the formal
investigation indicates more likely than not that the
unethical conduct or violation alleged in the complaint
occurred.
If a hearing is to be conducted, the Committee shall provide
the subject and the subject's counsel, if applicable, with
written notice consistent with constitutional principles of due
process. The Pennsylvania Rules of Evidence shall apply during
the hearing, unless the Committee determines otherwise.
Notwithstanding the foregoing, the Committee may not infringe on
the right of the subject to present evidence, cross-examine
witnesses, face his or her accuser and be represented by counsel
at a hearing conducted under this rule.
Witnesses called to appear at a hearing under this rule,
including a subject, may be accompanied by his or her own
counsel for the purpose of advising him or her concerning his or
her constitutional rights. Counsel may interpose legal objection
to any and all questions which in the opinion of counsel may
violate the constitutional rights of his or her clients.
The proceedings of a hearing conducted under this rule shall
be either stenographically or electronically recorded. The
Committee shall determine which parts of such recorded
proceedings, if any, shall be transcribed.
The burden shall be on the independent counsel, if one has
been engaged by the Committee, or the Committee staff attorneys,
if an independent counsel has not been engaged, to prove, by
clear and convincing evidence, that the unethical conduct or
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violation alleged in the complaint occurred. Within 30 days
following the conclusion of the formal investigation and
hearing, the Committee shall make a determination as to whether
the burden was met and shall submit its finding to the House. If
the Committee finds that the burden was met, the Committee may
make one or more of the following recommendations to the House:
(1) a reprimand of the subject;
(2) a censure of the subject;
(3) expulsion of the subject from the House; or
(4) the denial or limitation of any right, power or
privilege of the Member granted by Rules of the House and not
contrary to the Pennsylvania Constitution.
The Committee shall provide a written report of its findings
and recommendations, if any, to the subject and shall
simultaneously submit a copy of the same to the House. Only
findings and recommendations agreed to by a majority of the
Committee shall be included in the report. The report may
include a minority report. The House shall not take any action
on the findings and recommendations submitted by the Committee
and shall not make such findings and recommendations public
until a period of at least seven days has passed following the
Committee's provision of the report to the subject.
The Committee may extend any of the time periods, other than
those relating to the jurisdiction of the Committee, required
for any actions of the Committee or others under this rule.
[Investigations,] The Committee shall maintain the
confidentiality of all complaints and complaint-related
proceedings and actions, except as provided in this rule. The
Committee may disclose complaint data, including the number of
complaints received and dispositions on complaints in the
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aggregate without identifying information regarding the
complainant or the accused. The Committee shall maintain the
confidentiality of all investigations, hearings and meetings of
the Committee relating to an investigation and the existence of
such investigations, hearings, and meetings [shall be
confidential]. A majority of the members of the Committee may
vote to suspend the confidentiality provisions in this rule in
whole or in part if information regarding a complaint or an
investigation has been entered into the public domain by someone
other than a member of the Committee and the Committee
determines that it is in the best interest of the Committee to
address public inquiry or information on the complaint or
investigation. In this case, the Committee may disclose whether
a complaint has been filed, the disposition or status of action
on the complaint and other information as the Committee may
determine is appropriate under the circumstances. All other
meetings of the Committee shall be open to the public. Any
member of the Committee breaching the confidentiality provisions
specified in this rule shall be removed immediately from the
Committee and replaced by another Member in a like manner as his
or her original appointment.
Meetings and hearings held related to the investigation of a
complaint shall be in the nature of executive session and shall
not be open to the public. 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
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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
final findings of the Committee are made public;
(2) the subject may, in his or her discretion, make
public a finding by the Committee that no unethical conduct
or violation of Rule 2.1 E had occurred or that there was
insufficient evidence presented to the Committee that
unethical conduct or a violation of Rule 2.1 E had occurred,
except that the subject shall not make public the name of a
complainant who filed a complaint alleging a violation of
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Rule 2.1 E; and
(3) if the Committee makes a referral of a complaint to
a law enforcement agency, the Committee may provide the
agency with copies of documents and information in its
possession.
Any member of the Committee breaching the confidentiality
provisions set forth in this rule shall be removed immediately
from the Committee and replaced by another Member in a like
manner as his or her original appointment.
A nondisclosure agreement shall not be imposed on an
individual as a condition of the initiation of the procedures
available under this rule for the filing and hearing of a
complaint of a violation of Rule 2.1 E. Nothing in this
paragraph shall be construed to prohibit the complainant and the
subject from voluntarily entering into a settlement agreement
with a nondisclosure provision agreed to by each party as part
of the settlement of a complaint or proceeding. Notwithstanding
the foregoing, a Member who is the subject of a complaint of a
violation of Rule 2.1 E filed with the Committee shall not
benefit from a nondisclosure agreement or provision if a
completed formal investigation of the Committee finds that the
complaint is credible or a final decision by the Committee finds
a violation.
The Committee may meet with a committee of the Senate to hold
investigations or hearings involving complaints against
employees of the two chambers jointly or officers or employees
of the Legislative Reference Bureau, the Joint State Government
Commission, the Local Government Commission, the Legislative
Budget and Finance Committee, the Legislative Data Processing
Committee or other legislative service agencies. No action may
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be taken at a joint meeting unless it is approved by the
Committee. A member of the Committee who is the complainant, the
subject or a witness to the unethical conduct or violation of
Rule 2.1 E alleged in a complaint under this paragraph shall not
participate in any joint proceedings under this paragraph. The
Member shall be temporarily replaced on the Committee in a like
manner as his or her original appointment.
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