PRINTER'S NO. 1122
No. 53 Session of 1979
INTRODUCED BY RYAN, APRIL 24, 1979
REFERRED TO COMMITTEE ON RULES, APRIL 24, 1979
In the House of Representatives, April 24, 1979 1 RESOLVED, That the House of Representatives hereby adopts the 2 following Rules as the Rules of the House for the Session 3 beginning January 2, 1979, superseding all other rules 4 heretofore adopted: 5 RULES OF THE HOUSE OF REPRESENTATIVES 6 Definitions 7 A. "Day" shall mean any Calendar day. 8 B. "Legislative Day" shall mean any day that the 9 House shall be in session. 10 C. "Hall of the House" shall be the floor space 11 within its four walls and does not include the 12 adjoining conference rooms, the lobbies or the 13 upper gallery of the House. 14 D. "Floor of the House" shall be that area within the 15 Hall of the House between the Speaker's rostrum 16 and the brass rail behind the Members' seats. 17 E. "Press Gallery" shall be within that area known 18 as the Hall of the House as designated by
1 the Speaker. 2 F. "Roll Call Vote" shall be a vote taken and 3 displayed by and on the electric roll call 4 board or in the event of a malfunction of the electric 5 roll call board, by such method as shall be determined by 6 the Speaker. 7 G. "Formal Action" shall mean any vote or motion 8 of a member of a standing committee, standing 9 sub-committee, select committee or rules 10 committee of the House of Representatives to 11 report or not report, amend, consider or table 12 a bill or resolution and the discussion and 13 debate thereof. 14 RULE 1 15 Speaker Presiding 16 The Speaker shall preside over the sessions of the House. He 17 may name a member to preside, but the substitution shall not 18 extend beyond an adjournment. He may appoint a member as Speaker 19 Pro Tempore to act in his absence for a period not exceeding ten 20 consecutive legislative days. 21 In case of failure to make an appointment, the House shall 22 elect a Speaker Pro Tempore to act during the absence of the 23 Speaker. 24 The Speaker Pro Tempore shall perform all the duties of the 25 Chair during the absence of the Speaker. 26 RULE 2 27 Taking the Chair 28 The Speaker shall take the Chair and call the members to 29 order on every legislative day at the hour to which the House 30 adjourned at the last sitting. On the appearance of a quorum, 19790H0053R1122 - 2 -
1 the Speaker shall proceed to the regular order of business as 2 prescribed by the rules of the House. 3 RULE 3 4 Order and Decorum 5 The Speaker shall preserve order and decorum. In case of any 6 disturbance or disorderly conduct in the galleries or lobbies, 7 he shall have the power to order the same to be cleared. 8 The Speaker shall have the right to summon State Police to 9 assist in the preservation of order and decorum. 10 The Sergeant-at-Arms under the direction of the Speaker 11 shall, while the House is in session, maintain order on the 12 floor and its adjoining rooms. He shall enforce the rule with 13 respect to the conduct of visitors. 14 RULE 4 15 Questions of Order 16 The Speaker shall decide all questions of order subject to an 17 appeal by two members. The Speaker may, in the first instance, 18 submit the question to the House. Questions involving the 19 constitutionality of any matters shall be decided by the House. 20 On questions of order there shall be no debate except on an 21 appeal from the decision of the Speaker or on reference of a 22 question by him to the House. In either case, no member shall 23 speak more than once except by leave of the House. 24 Unless germane to the appeal, a second point of order is not 25 in order while an appeal is pending; but, when the appeal is 26 disposed of, a second point of order is in order and is subject 27 to appeal. 28 RULE 5 29 Conference and Select Committee Appointments 30 All Committees of Conference shall be appointed by the 19790H0053R1122 - 3 -
1 Speaker and shall be composed of three members, two of whom 2 shall be selected from the majority party and one from the 3 minority party. 4 The Speaker shall appoint the members of Select Committees, 5 unless otherwise ordered by the House. 6 RULE 6 7 Signature of the Speaker 8 The Speaker shall, in the presence of the House, sign all 9 bills and joint resolutions passed by the General Assembly after 10 their titles have been publicly read immediately before signing, 11 and the fact of signing shall be entered on the Journal. 12 Resolutions, addresses, orders, writs, warrants and subpoenas 13 issued by order of the House, shall be signed by the Speaker and 14 attested by the Chief Clerk. 15 RULE 7 16 Oath to Employees 17 The Chief Clerk shall administer an oath or affirmation to 18 the employees of the House that they will severally support, 19 obey and defend the Constitution of the United States and the 20 Constitution of Pennsylvania, and that they will discharge the 21 duties of their offices with fidelity. 22 Each employee of the House, after taking the oath of office, 23 shall sign his name in the Oath Book in the presence of the 24 Chief Clerk. 25 RULE 8 26 Supervision of Hall of the House 27 and Committee Rooms 28 Subject to the direction of the Speaker, the Chief Clerk 29 shall have supervision and control over the Hall of the House, 30 the caucus and committee rooms and all other rooms assigned to 19790H0053R1122 - 4 -
1 the House. 2 During the sessions of the Legislature the Hall of the House 3 shall not be used for public or private business other than 4 legislative matters except by consent of the House. During 5 periods of recess of the House such use may be authorized by the 6 Speaker without the consent of the House. 7 RULE 9 8 Decorum 9 While the Speaker is putting a question or addressing the 10 House and during debate or voting, no member shall disturb 11 another by talking or walking up and down or crossing the floor 12 of the House. 13 RULE 10 14 Debate 15 When a member desires to address the House, he shall rise and 16 respectfully address himself to "Mr. Speaker." Upon being 17 recognized, he may speak, confining himself to the question 18 under consideration and avoiding personal reflections. 19 When two or more members rise at the same time and ask for 20 recognition, the Speaker shall designate the member who is 21 entitled to the floor. 22 No member, except the Majority and Minority Leaders, may 23 speak more than twice on any question, without the consent of 24 the House. 25 With the unanimous consent of the House a member may make a 26 statement not exceeding ten minutes in length concerning a 27 subject or matter not pending before the House for 28 consideration, providing the Majority and Minority Leaders have 29 agreed on a time the member is to ask for recognition. 30 RULE 11 19790H0053R1122 - 5 -
1 Interruption of a Member who Has the Floor 2 A member who has the floor may not be interrupted, except for 3 questions of order or by a motion for the previous question. 4 With his consent, a member may yield the floor for questions 5 related to the subject before the House. 6 RULE 12 7 Personal Privilege 8 Any member may by leave of the Speaker rise and explain a 9 matter personal to himself, but he shall not discuss a pending 10 question in his explanation. Questions of personal privilege 11 shall be limited to questions affecting the rights, reputation 12 and conducts of members of the House in their respective 13 capacity. 14 RULE 13 15 Transgression of House Rules 16 If any member in speaking or otherwise transgresses the Rules 17 of the House, the Speaker or any member through the Speaker 18 shall call him to order, in which case he shall immediately sit 19 down unless permitted by the House to explain. 20 The House upon appeal shall decide the case without debate. 21 If the decision is in favor of the member, he may proceed. If 22 the case requires it, he shall be liable to censure or other 23 punishment as the House deems proper. 24 RULE 14 25 Members' and Employees' Expenses 26 A member who attends a duly called meeting of a standing or 27 special committee of which he is a member when the House is not 28 in session or who is summoned to the State Capitol or elsewhere 29 by the Speaker, or the Majority or Minority Leader of the House, 30 to perform legislative services when the House is not in session 19790H0053R1122 - 6 -
1 shall be reimbursed per day for each day of service, plus 2 mileage to and from his residence, at such rates as are provided 3 herein. These expenses shall be paid by the Chief Clerk from 4 appropriation accounts under his exclusive control and 5 jurisdiction, upon a written request approved by the Speaker of 6 the House, or the Majority or the Minority Leader of the House. 7 An employee of the House summoned by the Speaker or the 8 Majority or Minority Leader of the House to perform legislative 9 services outside of Harrisburg shall be reimbursed for actual 10 expenses and mileage to and from his residence. Such expenses 11 may be paid by the Speaker, Majority or Minority Leader, if they 12 agree to do so, or shall be paid by the Chief Clerk from 13 appropriation accounts under his exclusive control and 14 jurisdiction, upon a written request approved by the Speaker of 15 the House, or the Majority or the Minority Leader of the House. 16 Members and employees traveling outside the Commonwealth of 17 Pennsylvania who receive any reimbursement for expenses or 18 travel which reimbursement is from public funds shall file with 19 the Chief Clerk a statement containing his name and the name, 20 place, date and the purpose of the function. 21 Money appropriated specifically to and allocated under a 22 specific symbol number for allowable expenses of members of the 23 House of Representatives shall be reimbursed to each member upon 24 submission of vouchers and any required documentation by each 25 member on forms prepared by the Chief Clerk of the House. No 26 reimbursement shall be made from this account where a member 27 receives reimbursement for the same purpose from any other 28 appropriation account. 29 Such allowable expenses of members may be used for any 30 legislative purpose or function, including but not limited to 19790H0053R1122 - 7 -
1 the following: 2 (1) Travel expense on legislative business. 3 (a) Mileage on session or nonsession days at a rate not 4 to exceed seventeen cents a mile as may be authorized by the 5 Committee on Rules for travel by private transportation on 6 legislative business; voucher only. business; voucher only. 7 (b) Miscellaneous transportation (on legislative 8 business, taxi, airport limousine parking, tolls), and 9 expenses of a similar nature; voucher only for any single 10 expense not in excess of ten dollars ($10). 11 (c) Travel on legislative business by common carrier 12 other than taxi and airport limousine; voucher and receipt 13 from common carrier. 14 (d) Car rental; voucher and receipt from rental agency 15 but reimbursement not to exceed two hundred fifty dollars 16 ($250) in any month. Any amount in excess of the said amount 17 shall be paid by the person renting the car. 18 (e) Lodging, restaurant charges and other miscellaneous 19 and incidental expenses while away from home. Vouchers only 20 for per diem allowance of forty-four dollars ($44) per day or 21 for actual expenses not in excess of forty-four dollars ($44) 22 per day. 23 (2) Administrative, clerical and professional services for 24 legislative business, except for employment of spouses or 25 dependent children. 26 (a) Administrative and clerical services; voucher and 27 receipt from person employed. 28 (b) Professional services; voucher and receipt and copy 29 of agreement or contract of employment. 30 (3) Rent for legislative office space; purchase of office 19790H0053R1122 - 8 -
1 supplies; postage; telephone and answering services; printing 2 services and rental only of office equipment; voucher and 3 vendor's receipt, except for postage expense. No reimbursement 4 or expenditure shall be made out of any appropriation account 5 for any mass mailing including a bulk rate mailing made at the 6 direction or on behalf of any member which is mailed or 7 delivered to a postal facility within sixty (60) days 8 immediately preceding any primary or election at which said 9 member is a candidate for public office. 10 Mass mailing shall mean a newsletter or similar mailing of 11 more than fifty (50) pieces in which the content of the matter 12 is substantially identical. Nothing in this rule shall apply to 13 any mailing which is in direct response to inquiries or requests 14 from persons to whom matter is mailed, which is addressed to 15 colleagues in the General Assembly or other government officials 16 or which consists entirely of news releases to the 17 communications media. 18 (4) Official entertainment--restaurant and beverage charges; 19 voucher only for expenses. Receipts for entertainment expenses, 20 together with a statement of the reason for the expense, shall 21 be submitted with the request for reimbursement. 22 (5) Purchase of flags, plaques, publications, photographic 23 services, books, and other similar items in connection with 24 legislative activities; voucher and vendor's receipt. 25 (6) Communications and donations in extending 26 congratulations or sympathy of illness or death; voucher only on 27 expenses not in excess of thirty-five dollars ($35). 28 No money appropriated for members' and employees' expenses 29 shall be used for contributions to political parties or their 30 affiliated organizations or to charitable organizations or for 19790H0053R1122 - 9 -
1 charitable advertisements. 2 The Chief Clerk, the Secretary and the Minority Administrator 3 solely on their own behalf, shall be entitled to reimbursement 4 for food, lodging or travel in such amounts not in excess of 5 seven thousand five hundred dollars ($7,500) per year as may be 6 authorized by the Committee on Rules; provided that such 7 expenditures are in furtherance of legislative business 8 regardless of where, in the Commonwealth, such business is 9 transacted. 10 All disbursements made, debts incurred or advancements paid 11 from any appropriation account made to the House or to a member 12 or non member officer under a General Appropriation Act or any 13 other appropriation act shall be recorded in a monthly report 14 and filed with the Chief Clerk by the person authorized to make 15 such disbursement, incur any debt or receive any advancement on 16 a form prescribed by the Chief Clerk. 17 The Chief Clerk shall prescribe the form of all such reports 18 and make such forms available to those persons required to file 19 such reports. Such report form shall include: 20 (1) As to personnel: 21 (a) The name, address, job title, brief description of 22 duties, department or member or members to whom assigned, job 23 location and minimum hours of employment per week of each 24 employee. 25 (b) The appropriation account from which such employee is 26 compensated, the amount of compensation and whether such person 27 is on salary, per diem or contract. 28 (2) As to all other expenditures: 29 (a) The nature of the goods, services or other purpose for 30 which the expenditure was made. 19790H0053R1122 - 10 -
1 (b) The appropriation account from which the expenditure was 2 made and the name or names of the person or persons requesting 3 and/or authorizing the same. 4 A copy of each such report shall also be filed with the 5 special committee on internal affairs and House administration 6 for use in the performance of its duties under Rule 47(a). 7 The reporting requirements as to personnel may be fulfilled 8 by the maintenance in the Office of the Chief Clerk of the House 9 of an alphabetized file containing the current information for 10 each employee as set forth above. In such event, however, the 11 Chief Clerk shall supply annually, on or before February 1, a 12 list of all employees appearing in said file together with the 13 required information as to each as of January 1 of such year to 14 the Special Committee on Internal Affairs and House 15 Administration. The committee shall also be supplied with copies 16 of all payroll changes as they occur. 17 All monthly reports filed on disbursements made or debts 18 incurred by any officer or member or employee from 19 appropriations made to the House under any General Appropriation 20 Act shall be public information and shall be available for 21 public inspection during regular business hours in the office of 22 the Chief Clerk. The Chief Clerk shall prescribe reasonable 23 rules and regulations for inspection of such reports but in no 24 case shall inspection be denied to any person for a period 25 exceeding forty-eight hours (excluding Saturdays and Sundays) 26 from the time a written request has been submitted to the Chief 27 Clerk. Photocopies of such reports shall be made available upon 28 request to a member at no charge or to the public for a 29 duplication fee as may be fixed by the Chief Clerk. Such reports 30 shall be made available to a member or to the public on or 19790H0053R1122 - 11 -
1 before the last day of the month next succeeding the month in 2 which the report was filed. 3 All requests for reimbursement out of any appropriation shall 4 be accompanied by a voucher, or other documents where required, 5 evidencing payment or approval. The voucher form shall be 6 approved and supplied by the Chief Clerk. Receipts or 7 documentation of every expenditure or disbursement which is in 8 excess of the maximum amount as set forth herein shall be 9 attached to the voucher. Where a request for payment is made in 10 advance of an expense actually incurred, the Chief Clerk, before 11 making such advance payment shall require a description 12 satisfactory to the Chief Clerk of the item or service to be 13 purchased or the expense to be incurred, and a receipt or other 14 documentation shall be given to the Chief Clerk after the item 15 or service has been purchased or expense incurred as evidence 16 that such advancement was in fact expended for such purpose. 17 All reports, vouchers and receipts from which reports are 18 prepared and filed shall be retained by the Chief Clerk, officer 19 or member, as the case may be, for such period of time as may be 20 necessary to enable the Legislative Audit Advisory Commission 21 created pursuant to the act of June 30, 1970 (P.L.442, No.151), 22 to conduct, through certified public accountants appointed by 23 it, annual audits to assure that such disbursements made or 24 debts incurred were in accordance with Legislative Audit 25 Advisory Commission guidelines and standards, or for a minimum 26 of three years whichever is longer. All annual audit reports 27 shall be available for public inspection. Photo copies of such 28 reports shall be available for a fee established by the Chief 29 Clerk not to exceed the cost of duplication. 30 All expenditures of funds appropriated to the House or to a 19790H0053R1122 - 12 -
1 member or nonmember officer shall be subject to the expenditure 2 guidelines established by the Rules Committee until or unless 3 such guidelines are superseded by law. 4 RULE 15 5 Time of Meeting 6 The House shall convene on the first legislative day of the 7 week at 1:00 P.M. prevailing time, and adjourn not later than 8 11:00 P.M. prevailing time, unless otherwise ordered by a roll 9 call vote of the majority of those elected to the House. 10 On other days the House shall convene at the discretion of 11 the House and adjourn not later than 11:00 P.M. prevailing time 12 unless otherwise ordered by a roll call vote of the majority of 13 those elected to the House. 14 RULE 16 15 Quorum 16 A majority of the members shall constitute a quorum, but a 17 smaller number may adjourn from day to day and compel the 18 attendance of absent members. (Constitution, Article II, Section 19 10). 20 When less than a quorum vote on any question, the Speaker 21 shall forthwith order the doors of the House closed and the 22 names of the members present shall be recorded. If it is 23 ascertained a quorum is present, either by answering to their 24 names or by their presence in the House, the Speaker shall again 25 order the yeas and nays. If any member present refuses to vote, 26 his refusal shall be deemed a contempt. Unless purged, the House 27 may order the Sergeant-at-Arms to remove the member or members 28 without the bar of the House. All privileges of membership shall 29 be refused the member or members so offending until the contempt 30 is purged. 19790H0053R1122 - 13 -
1 RULE 17 2 Order of Business 3 The daily order of business shall be: 4 1. Prayer by the Chaplain. 5 2. Correction and approval of the Journal. 6 3. Leaves of Absence. 7 4. Master Roll Call. 8 5. Reports of Committee. 9 6. First consideration bills. 10 7. Second consideration bills. 11 8. Final passage bills recalled from the Governor. 12 9. Final passage bills (bills on final passage postponed 13 calendar may be called up under this order of business). 14 10. Third consideration bills (bills on third consideration 15 postponed calendar may be called up under this order of 16 business). 17 11. Resolutions (House and concurrent). 18 12. Messages from the Senate and communications from the 19 Governor. 20 13. Reference to appropriate committees of bills, 21 resolutions, petitions, memorials, remonstrances and 22 other papers. 23 14. Unfinished business on the Speaker's table. 24 15. Announcements. 25 16. Adjournment. 26 Any question may, by a majority vote of the House, be made a 27 special order of business. When the time arrives for its 28 consideration, the Speaker shall lay the special order of 29 business before the House. 30 RULE 18 19790H0053R1122 - 14 -
1 Introduction and Printing of Bills 2 Bills shall be introduced in quadruplicate, signed and dated 3 by each member who is a sponsor of the bill, and filed with the 4 Chief Clerk. A sponsor may not be added or withdrawn after a 5 bill has been printed. 6 Bills introduced when received at the Chief Clerk's desk 7 shall be numbered consecutively and delivered to the Speaker, 8 who shall refer each bill to an appropriate committee. The 9 Speaker shall report to the House the committees to which bills 10 have been referred, either on the day introduced or received or 11 on the next two legislative days the House is in session. 12 If the Speaker neglects or refuses to refer to committee any 13 bill or bills (whether House or Senate) as above after 14 introduction or presentation by the Senate for concurrence, any 15 member may move for the reference of the bill to an appropriate 16 committee. If the motion is carried, said bill or bills shall be 17 immediately surrendered by the Speaker to the committee 18 designated in said motion. 19 The first copy of each bill introduced shall be for the 20 committee, the second copy shall be for the printer, the third 21 copy shall be for the news media and the fourth copy shall be 22 for the Legislative Reference Bureau. 23 Every bill, after introduction and reference to committee, 24 shall be printed. 25 Bills may not be withdrawn after reference to committee. 26 RULE 19 27 Bills Referred to Committees 28 No bill shall be considered unless referred to a committee, 29 printed for the use of the members and returned therefrom. 30 (Constitution, Article III, Section 2). 19790H0053R1122 - 15 -
1 RULE 19 (a) 2 Fiscal Notes 3 (1) No bill, except a General Appropriation bill or any 4 amendments thereto, which may require an expenditure of 5 Commonwealth funds or funds of any political subdivision or 6 which may entail a loss of revenues overall, or to any 7 separately established fund shall be given second consideration 8 reading on the calendar until it has first been referred to the 9 Appropriations Committee for a fiscal note, provided however 10 that the Rules Committee may by an affirmative vote of three- 11 quarters of the entire membership to which such committee is 12 entitled: 13 (a) Waive the recommittal to the Appropriations Committee 14 and provide that the fiscal note be attached to the bill while 15 on the active calendar. The providing of such note shall be a 16 priority item for the Appropriations Committee; or 17 (b) Waive the necessity of a fiscal note on any bill which 18 it deems to have a deminimus fiscal impact or which merely 19 authorizes, rather than mandates, an increase in expenditures or 20 an action that would result in a loss of revenue. 21 (2) Nothing herein shall preclude any member from moving, at 22 the proper time, the recommittal of any bill to the 23 Appropriations Committee for a fiscal note. 24 (3) The Appropriations Committee shall be limited in its 25 consideration of any such bill to the fiscal aspects of the bill 26 and shall not consider the substantive merits of the bill nor 27 refuse to report any such bill from committee for reasons other 28 than fiscal aspects. The fiscal note shall accompany the bill 29 and provide the following information in connection with the 30 Commonwealth and its political subdivisions: 19790H0053R1122 - 16 -
1 (a) The designation of the fund out of which the 2 appropriation providing for expenditures under the bill shall be 3 made; 4 (b) The probable cost of the bill for the fiscal year of its 5 enactment; 6 (c) A projected cost estimate of the program for each of the 7 five succeeding fiscal years; 8 (d) The fiscal history of the program for which expenditures 9 are to be made; 10 (e) The probable loss of revenue from the bill for the 11 fiscal year of its enactment; 12 (f) A projected loss of revenue estimate from the bill for 13 each of the five succeeding fiscal years; and 14 (g) The line item, if any, of the General Appropriation Bill 15 out of which expenditures or losses of Commonwealth funds shall 16 occur as a result of the bill; 17 (h) The recommendation, if any, of the Appropriations 18 Committee and the reasons therefor relative to the passage or 19 defeat of the bill; 20 (i) A reference to the source of the data from which the 21 foregoing fiscal information was obtained, and an explanation of 22 the basis upon which it is computed. 23 (4) No bill which may result in an increase in the 24 expenditure of Commonwealth funds shall be given second 25 consideration reading on the calendar until the Appropriations 26 Committee has certified that provision has been made to 27 appropriate funds equal to such increased expenditure. Whenever 28 the Appropriations Committee cannot so certify, the bill shall 29 be returned to the committee from which it was last reported for 30 further consideration and/or amendment. 19790H0053R1122 - 17 -
1 (5) No amendment to a bill, concurrences in Senate 2 amendments, or adoption of a conference report which may result 3 in an increase in the expenditure of Commonwealth funds or those 4 of a political subdivision or which may entail a loss of 5 revenues in addition to that originally provided for in the bill 6 prior to the proposed changes nor any bill requiring a fiscal 7 note for which re-referral to the Appropriations Committee has 8 been waived by the Rules Committee shall be voted upon until the 9 day following the distribution of a fiscal note to the members 10 with respect to such changes or to such bill showing the fiscal 11 effect of the changes with respect to the bill, and containing 12 the information set forth by subsection (3) of this rule. 13 (6) In obtaining the information required by these rules, 14 the Appropriations Committee may utilize the services of the 15 Budget Bureau and any other State agency as may be necessary. 16 (7) Any bill proposing any change relative to the retirement 17 system of the Commonwealth or any political subdivision thereof, 18 funded in whole or in part out of the public funds of the 19 Commonwealth or any political subdivision, shall have attached 20 to it an actuarial note. Except for the provisions pertaining to 21 the content of fiscal notes as set forth in paragraphs (a) 22 through (i) of subsection (3), all the provisions pertaining to 23 and procedures required of bills containing fiscal notes, shall, 24 where applicable, also be required for bills containing 25 actuarial note. The actuarial note shall contain a brief 26 explanatory statement or note which shall include a reliable 27 estimate of the financial and actuarial effect of the proposed 28 change in any such retirement system. 29 RULE 20 30 Bills Confined to One Subject 19790H0053R1122 - 18 -
1 No bill shall be passed containing more than one subject, 2 which shall be clearly expressed in its title, except a general 3 appropriation bill or a bill codifying or compiling the law or a 4 part thereof. (Constitution, Article III, Section 3). 5 RULE 21 6 Consideration of Bills 7 Every bill and every joint resolution shall be considered on 8 three different days. All amendments made thereto shall be 9 printed for the use of the members before the final vote is 10 taken thereon, and before the final vote is taken, upon written 11 request addressed to the presiding officer by at least twenty- 12 five per cent of the members elected to the House, any bill 13 shall be read at length. No bill shall become law and no joint 14 resolution adopted unless, on its final passage, the vote is 15 taken by yeas and nays, the names of the persons voting for and 16 against it are entered on the Journal, and a majority of the 17 members elected to the House is recorded thereon as voting in 18 its favor. (Constitution, Article III, Section 4). 19 RULE 22 20 First Consideration Bills 21 Bills reported from committees shall be considered for the 22 first time when reported and shall then be automatically removed 23 from the calendar and laid on the table, except House bills 24 reported from committees after the first Monday in June until 25 the first Monday in September which shall then be automatically 26 recommitted to the Committee on Rules. 27 After the first Monday in September, any bill which was 28 automatically recommitted to the Committee on Rules pursuant to 29 this Rule 22 shall automatically be re-reported to the floor of 30 the House and laid on the table. 19790H0053R1122 - 19 -
1 The Rules Committee shall not in any instance have the power 2 to amend a bill that has already gone through another committee. 3 Any bill which was automatically laid on the table pursuant 4 to this Rule 22 and has remained on the table for fifteen 5 legislative days shall automatically be removed from the table 6 and returned to the calendar for second consideration the next 7 legislative day. 8 Any bill which was automatically laid on the table pursuant 9 to this Rule 22 may be removed from the table by motion of the 10 Majority Leader, or his designee, acting on a report of the 11 Committee on Rules. Such report shall be in writing and a copy 12 thereof distributed to each member. Any bill so removed from the 13 table shall be placed on the second consideration calendar on 14 the legislative day following such removal. Nothing herein shall 15 affect the right of any member to make a motion to remove a bill 16 from the table. 17 Amendments shall not be proposed, nor is any other motion in 18 order on first consideration. 19 Bills shall not be considered beyond first consideration 20 until the latest print thereof is on the desks of the members. 21 RULE 23 22 Second Consideration Bills 23 Bills on second consideration shall be considered in their 24 calendar order and be subject to amendment. 25 No House bill on second consideration shall be considered 26 until called up by a member. 27 RULE 24 28 Third Consideration and Final Passage Bills 29 Bills on third consideration and final passage shall be 30 considered in their calendar order. 19790H0053R1122 - 20 -
1 A bill on third consideration may be amended. 2 After a bill is agreed to on third consideration, the Speaker 3 shall state the question as follows: 4 "This bill has been considered on three 5 different days and agreed to and is now on final 6 passage." 7 "The question is, shall the bill pass finally?" 8 "Agreeable to the provision of the Constitution, the yeas 9 the yeas and nays will now be taken." 10 RULE 25 11 Defeated Bills 12 When a bill or resolution has been defeated by the House, it 13 shall not be reintroduced, or, except as provided in Rule 26, be 14 reconsidered, nor shall it be in order to consider a similar 15 one, or to act on a Senate bill or resolution of like import, 16 during the same session. 17 RULE 26 18 Reconsideration 19 A motion to reconsider the vote by which a bill, resolution 20 or other matter was passed or defeated shall be made in writing 21 by two members. The motion shall be in order only under the 22 order of business in which the vote proposed to be reconsidered 23 occurred and shall be decided on a roll call vote by a majority 24 vote. No motion to reconsider shall be in order when the bill, 25 resolution or other matter is no longer in the possession of or 26 is not properly before the House. 27 A motion to reconsider any such vote must be made on the same 28 day on which the initial vote was taken or within the succeeding 29 five days in which the House is in session, provided such bill, 30 resolution or other matter is still in the possession of or is 19790H0053R1122 - 21 -
1 properly before the House. 2 When a motion to reconsider any such vote is made within the 3 aforesaid time limits and is decided by the affirmative vote 4 prescribed herein, the question immediately recurs on the bill, 5 resolution or other matter reconsidered. 6 Where a bill, resolution or other matter has been initially 7 defeated and a motion to reconsider is not timely made, then 8 such bill, resolution or other matter shall carry the status of 9 "defeated finally" and not properly before the House. Therefore, 10 it shall not be in order to entertain a motion to reconsider any 11 such vote. 12 Where a timely made motion to reconsider is lost, it shall 13 not be in order to again entertain a motion to reconsider any 14 such vote, even though such second motion to reconsider is 15 timely made. 16 Where a bill, resolution, or other matter has been initially 17 defeated, and a timely made motion to reconsider the vote is 18 lost, or if no motion to reconsider the vote was timely made, 19 then it shall not be in order for the House thereafter to 20 receive or consider a new bill, resolution or other matter 21 embracing therein a subject or purpose basically identical to or 22 of similar import to the subject matter or purpose of the bill, 23 resolution or matter initially defeated. 24 The vote on a bill or resolution recalled from the Governor 25 may be reconsidered at any time after the bill or resolution has 26 been returned to the House. 27 RULE 27 28 Amendments 29 No bill shall be amended so as to change its original 30 purpose. (Constitution, Article III, Section 1). 19790H0053R1122 - 22 -
1 No motion or proposition on a subject different from that 2 under consideration shall be admitted under color of amendment. 3 Any member may move to amend a bill or resolution, provided 4 the proposed amendment is germane to the subject. Questions 5 involving whether an amendment is germane to the subject shall 6 be decided by the House. 7 No amendment to an amendment shall be admitted nor 8 considered. 9 The sponsor of the amendment shall explain the amendment 10 prior to consideration by the House. 11 Before consideration, eight typewritten copies of a proposed 12 amendment signed by its sponsor shall be presented to the 13 Speaker, one copy of which shall be delivered to the news media 14 and a printed copy in typewritten form prepared by the 15 Legislative Reference Bureau shall be placed on the desk of each 16 member. 17 Amendments adopted or defeated may not be considered again 18 without first reconsidering the vote. 19 RULE 28 20 Bills Amending Existing Law 21 Bills amending existing law shall indicate present language 22 to be omitted by placing it within brackets and new language to 23 be inserted by underscoring. (Constitution, Article III, Section 24 6). 25 RULE 29 26 Form for Printing Amendments 27 In printing amendments to bills and resolutions, all new 28 matter added shall be in CAPITAL LETTERS, and matter to be 29 eliminated shall be indicated by strike-out type. 30 In reprinting House bills previously amended by the House and 19790H0053R1122 - 23 -
1 in reprinting Senate bills previously amended by the Senate, but 2 not in Senate bills previously amended by the House, all matters 3 appearing in strike-out type shall be dropped from the new print 4 and all matter appearing in CAPITAL LETTERS shall be reset in 5 lower case Roman type. 6 RULE 30 7 House Bills Amended by the Senate 8 When a House bill or joint resolution has been amended by the 9 Senate and returned to the House for concurrence, it shall not 10 be considered until placed on the calendar and copies thereof 11 are on the desks of the members. 12 When acting on bills or joint resolutions amended by the 13 Senate, the amendments shall be read and the question put on the 14 concurrence in the amendments. 15 The House shall not consider any proposed amendment to any 16 amendment made by the Senate to a House bill or joint 17 resolution. 18 A majority vote of the members elected to the House taken by 19 yeas and nays shall be required to concur in amendments made by 20 the Senate, except for appropriations to charitable and 21 educational institutions not under the absolute control of the 22 Commonwealth, where a vote of two-thirds of all the members 23 elected to the House shall be required to concur. (Constitution, 24 Article III, Sections 5 and 30). 25 RULE 31 26 Bills Vetoed by the Governor 27 When the Governor has returned a bill to the House with his 28 objections, the veto message shall be read and the House shall 29 proceed to reconsider it. (Constitution, Article IV, Section 30 15). 19790H0053R1122 - 24 -
1 RULE 32 2 Hospital and Home Appropriations or 3 Acquiring Lands of the Commonwealth 4 No bills appropriating moneys to State-aided hospitals or 5 State-aided homes shall be introduced in the House, except such 6 as appropriate in single bills the total sum to be appropriated 7 to all of the institutions within the same class or group. 8 Requests for appropriations for particular State-aided hospitals 9 or State-aided homes shall be filed with the Chairman of the 10 Committee on Appropriations on forms to be furnished by the said 11 Committee on Appropriations, and shall be signed by the member 12 requesting the appropriation. 13 No bill granting or conveying Commonwealth lands or taking 14 title thereto shall be reported by any Committee to the House 15 unless there has been filed with the Chief Clerk and the 16 Chairman of the reporting committee a memorandum from the 17 Department of General Services indicating the use to which the 18 property is presently employed, the full consideration for the 19 transfer, if any, a departmental appraisal of the property, 20 including its valuation and a list of recorded liens and 21 encumbrances, if any, the use to which the property will be 22 employed upon its transfer, the date by which the land is needed 23 for its new use, and the legislative district or districts in 24 which the land is located. The memorandum shall contain a 25 statement by a responsible person in the Department of General 26 Services indicating whether or not the administration favors the 27 transfer which is the subject of the bill under consideration. 28 RULE 33 29 Special Legislation 30 No local or special bill shall be passed by the House unless 19790H0053R1122 - 25 -
1 notice of the intention to apply therefor has been published in 2 the locality where the matter or the thing to be affected may be 3 situated, which notice shall be at least thirty days prior to 4 the introduction into the General Assembly of such bill and in 5 the manner provided by law; the evidence of such notice having 6 been published shall be exhibited in the General Assembly before 7 the act shall be passed. (Constitution, Article III, Section 7). 8 No local or special bill shall be considered in violation of 9 Article III, Section 32, of the Constitution. 10 RULE 34 11 Non-Preferred Appropriations 12 No bill shall be passed appropriating money to any charitable 13 or educational institution not under absolute control of the 14 Commonwealth, except by a vote of two-thirds of all members 15 elected. (Constitution, Article III, Section 17). 16 RULE 35 17 House and Concurrent Resolutions 18 Members introducing resolutions other than concurrent 19 resolutions shall file five copies thereof; seven copies of 20 concurrent resolutions shall be filed. All resolutions shall be 21 signed by their sponsors, dated and filed with the Chief Clerk. 22 After being numbered, one copy of all resolutions shall be given 23 to the news media and all other copies delivered to the Speaker. 24 A sponsor may not be added or withdrawn after a resolution has 25 been printed. Resolutions may not be withdrawn after reference 26 to a committee. 27 Unless privileged under Rule 36 for immediate consideration, 28 the Speaker shall refer House resolutions (except Discharge 29 Resolutions) and Senate resolutions presented to the House for 30 concurrence to appropriate committees. 19790H0053R1122 - 26 -
1 The Speaker shall report to the House the committees to which 2 resolutions have been referred, either on the day introduced or 3 received or the next two legislative days the House is in 4 session. 5 A resolution introduced in the House and referred to 6 committee shall be printed and placed in the House files. 7 When a resolution (House or Senate) is reported from 8 committee, it shall be placed on the calendar and may be called 9 up by a member for consideration by the House under the order of 10 business of resolutions. 11 RULE 36 12 Privileged Resolutions 13 Resolutions privileged for the immediate consideration of the 14 House are those: 15 a. Recalling from or returning bills to the Governor 16 b. Recalling from or returning bills to the Senate 17 c. Originated by the Committee on Rules 18 d. Providing for a Joint Session of the Senate and House and 19 its procedure 20 e. Placing bills negatived by committees on the calendar 21 f. Adjournment or recess 22 RULE 37 23 Legislative Citation 24 A member making a request that a Legislative Citation be 25 issued to a particular person or on a specified occasion shall 26 provide the Legislative Reference Bureau with the facts 27 necessary for the preparation of the Citation on a suitable 28 form. 29 The Citation request shall be filed with the Chief Clerk and 30 automatically referred to the Speaker who may approve and sign 19790H0053R1122 - 27 -
1 such citation on behalf of the House of Representatives. 2 One original Citation shall be issued by the Chief Clerk. 3 RULE 38 4 Sine Die and Final Introduction of Bills 5 Resolutions fixing the time for adjournment of the General 6 Assembly sine die and the last day for introduction of bills in 7 the House shall be referred to the Committee on Rules before 8 consideration by the House. 9 RULE 39 10 Petitions, Remonstrances and Memorials 11 Petitions, remonstrances, memorials and other papers 12 presented by a member shall be signed, dated and filed with the 13 Chief Clerk to be by him handed to the Speaker for reference to 14 appropriate committees. 15 The Speaker shall report to the House the committees to which 16 petitions, remonstrances, memorials and other papers have been 17 referred, not later than the next day the House is in session 18 following the day of filing. 19 RULE 40 20 Messages 21 Messages from the Senate and communications from the Governor 22 shall be received and read in the House within one legislative 23 day thereafter. 24 All House and Senate bills shall be delivered to the Senate 25 with appropriate messages no later than the close of the next 26 legislative day of the Senate which follows the fifth 27 legislative day after which the House acted on such bill. 28 All House bills returned by the Senate after final passage 29 therein without amendment, and all conference committee reports 30 on House bills received from the Senate and adopted by the 19790H0053R1122 - 28 -
1 House, shall be signed by the Speaker within one legislative day 2 after receipt or adoption, respectively, and shall be delivered 3 to the Senate before the close of the next legislative day of 4 the Senate. 5 All House bills and all conference committee reports on House 6 bills signed by the Speaker shall be delivered to the Governor 7 within twenty-four hours after return from the Senate with the 8 signature of the appropriate Senate officer. 9 RULE 41 10 Kind and Rank of Committee 11 The Committees of the House shall be of four kinds and rank 12 in the order named: 13 Committee of the Whole House 14 Standing Committees 15 Select Committees 16 Conference Committees 17 RULE 42 18 Committee of the Whole 19 The House may resolve itself into a Committee of the Whole at 20 any time on the motion of a member adopted by a majority vote of 21 the House. 22 In forming the Committee of the Whole, the Speaker shall 23 leave the chair, after appointing a Chairman to preside. 24 The rules of the House shall be observed in the Committee of 25 the Whole as far as applicable, except that a member may speak 26 more than once on the same question. 27 A motion to adjourn, to lay on the table, or for the previous 28 question cannot be put in the Committee of the Whole; but a 29 motion to limit or close debate is permissible. 30 A motion that the Committee of the Whole "do now rise and 19790H0053R1122 - 29 -
1 report back to the House," shall always be in order, and shall 2 be decided without debate. 3 Amendments made in the Committee of the Whole shall not be 4 read when the Speaker resumes the Chair, unless so ordered by 5 the House. 6 RULE 43 7 Standing Committees and Sub-Committees 8 The Committee on Committees shall consist of the Speaker and 9 fifteen members of the House, ten of whom shall be members of 10 the Majority Party and five of whom shall be members of the 11 Minority Party, whose duty shall be to recommend to the House 12 the names of members who are to serve on the Standing Committees 13 of the House. 14 The Speaker shall appoint the Chairman and Vice-Chairman of 15 each Standing Committee when such Standing Committee has no 16 Standing Sub-committees as prescribed herein; when the Standing 17 Committee has Standing Sub-Committees, the Speaker shall appoint 18 a Sub-committee Chairman for each Standing Sub-committee. The 19 Speaker shall appoint a secretary for each Standing Committee. 20 The Minority Leader shall appoint the Minority Chairman and 21 Minority Vice-Chairman of each Standing Committee and the 22 Minority Sub-Committee Chairman for each Standing Sub-Committee. 23 The Speaker of the House, Floor Leader of the Majority Party 24 and the Floor Leader of the Minority Party shall be ex-officio 25 members of all Standing Committees, without the right to vote 26 and they shall be excluded from any limitation as to the number 27 of members on the Committees or in counting a quorum. 28 Twenty-one Standing Committees of the House, each to consist 29 of twenty-three members except the Committee on Appropriations, 30 which shall consist of thirty-one members, are hereby created. 19790H0053R1122 - 30 -
1 In addition, there is hereby created twenty-two Standing Sub- 2 Committees. 3 All Standing Committees shall consist of fourteen members of 4 the Majority Party and nine members of the Minority Party, 5 except the Committee on Appropriations which shall consist of 6 twenty members of the Majority Party and eleven members of the 7 Minority Party. The quorum for each of the Standing Committees 8 and Sub-committees shall be no less than the majority of said 9 Committees. The following are the Standing Committees and Sub- 10 committees thereof: 11 1. Agriculture and Rural Affairs 12 2. Appropriations 13 a. Sub-committee on Health and Welfare 14 b. Sub-committee on Education 15 c. Sub-committee on Capital Budget 16 3. Business and Commerce 17 a. Sub-committee on Banking and Savings and Loan 18 Associations 19 b. Sub-committee on Housing 20 c. Sub-committee on Industrial Development, Recreation 21 and Tourism 22 4. Conservation 23 5. Consumer Affairs 24 a. Sub-committee on Public Utilities 25 6. Education 26 a. Sub-committee on Basic Education 27 b. Sub-committee on Higher Education 28 7. Federal-State Relations 29 8. Finance 30 9. Game and Fisheries 19790H0053R1122 - 31 -
1 10. Health and Welfare 2 a. Sub-committee on Health 3 b. Sub-committee on Welfare 4 c. Sub-committee on Youth and Aging 5 11. Insurance 6 12. Judiciary 7 a. Sub-committee on Crime and Corrections 8 b. Sub-committee on Courts 9 13. Labor Relations 10 14. Liquor Control 11 15. Local Government 12 a. Sub-committee on Boroughs 13 b. Sub-committee on Counties 14 c. Sub-committee on Townships 15 16. Mines and Energy Management 16 17. Professional Licensure 17 18. State Government 18 19. Transportation 19 a. Sub-committee on Highways 20 b. Sub-committee on Public Transportation 21 c. Sub-committee on Transportation Safety 22 20. Urban Affairs 23 a. Sub-committee on Cities, Counties - First Class 24 b. Sub-committee on Cities, Counties - Second Class 25 21. Military and Veterans Affairs 26 RULE 44 27 Organization of Standing Committees and Sub-Committees 28 The membership of each Standing Committee shall first meet 29 upon the call of its Chairman and perfect its organization. A 30 majority of the members to which each Standing Committee is 19790H0053R1122 - 32 -
1 entitled shall constitute a quorum for it to proceed to 2 business. Each Standing Committee shall have the power to 3 promulgate rules not inconsistent with these rules which may be 4 necessary for the orderly conduct of its business. 5 Where a Standing Committee has Standing Sub-Committees as 6 prescribed by Rule 43, the membership on such Standing Sub- 7 Committees shall be appointed by the Committee on Committees 8 after consultation with each Chairman of a Standing Committee of 9 which the Standing Sub-Committee is a part. Each Standing Sub- 10 Committee shall consist of the Chairman of its parent Standing 11 Committee, as an ex-officio member, the Chairman of the Standing 12 Sub-Committee, and five other members from the parent Standing 13 Committee to be appointed by the Committee on Committees three 14 from among the majority party after consultation with the 15 Majority Leader, and two from among the minority party after 16 consultation with the Minority Leader. Where it is deemed 17 advisable that the membership of any Standing Sub-Committee be 18 of greater number than that prescribed herein, the Committee on 19 Committees may appoint additional members of the Standing 20 Committee from the majority or minority party to serve on such 21 Standing Sub-Committee. The number of additional members 22 selected should be such as to maintain, as far as is 23 practicable, a ratio in majority and minority party membership 24 which affords a fair and reasonable representation to the 25 minority party on the Standing Sub-committee. 26 The Chairman and the Minority Chairman of each Standing 27 Committee shall be ex-officio members of each Standing Sub- 28 committee which is part of the parent Standing Committee, with 29 the right to attend Standing Sub-committee meetings and vote on 30 any matter before such Standing Sub-committee. 19790H0053R1122 - 33 -
1 A majority of the members of each Standing Sub-committee 2 shall constitute a quorum for the proper conduct of its 3 business. Each Standing Sub-committee may promulgate such rules 4 necessary for the conduct of its business which are not 5 inconsistent with the rules of its parent Standing Committee or 6 the Rules of the House. 7 When the chairman of a Standing Committee has referred a 8 bill, resolution or other matter to a Standing Sub-committee, 9 the power and control over such bill, resolution or other matter 10 shall then reside in such Sub-committee for a reasonable period 11 of time thereafter in order that such Sub-committee may consider 12 the bill, resolution or other matter and return the same to its 13 Standing Committee with its recommendations as to the action 14 which ought to be taken on such bill, resolution or other 15 matter. 16 Each Standing Sub-committee, within a reasonable time after 17 it has received a bill, resolution or other matter, shall meet 18 as a committee for the purpose of considering the same and 19 returning the bill, resolution or other matter back to its 20 parent Standing Committee with a Sub-committee report as to what 21 action it recommends. The report of the Sub-committee on a bill, 22 resolution or other matter being returned to the Standing 23 Committee shall contain one of the following recommendations: 24 a. That the bill, resolution or other matter in its 25 present form be reported to the House, 26 b. that the bill, resolution, or other matter not be 27 reported to the House, 28 c. that the bill, resolution or other matter be reported 29 to the House, with recommendations for amendments, 30 d. that the bill, resolution or other matter is returned 19790H0053R1122 - 34 -
1 without recommendations. 2 When a Standing Committee receives reports from its Sub- 3 committees, it shall consider the same and by majority vote of 4 the members of the Standing Committee either approve or 5 disapprove such report. If disapproved, the Standing Committee 6 may then determine by a majority vote of its members what 7 further action, if any, should be taken on such bill, resolution 8 or other matter. 9 Where no action has been taken by a Standing Sub-committee on 10 a bill, resolution or other matter referred to it, and the 11 chairman of the Standing Committee considers that such Sub- 12 committee has had reasonable time to consider the bill, 13 resolution or other matter and return the same to its parent 14 Standing Committee. The Sub-committee Chairman shall then 15 forthwith surrender and forward the same, together with all 16 documents or papers pertaining thereto, to the Standing 17 Committee. 18 In the event that a Chairman of a Standing Committee is 19 absent, the following rules shall apply: 20 1. If such Standing Committee has no Sub-committee 21 prescribed by Rule 44, the Vice-Chairman of the Standing 22 Committee shall act as Chairman of the Committee meetings; 23 2. If such Standing Committee has only one Sub-Committee, 24 the Sub-committee Chairman shall act as Chairman of the Standing 25 Committee; and 26 3. If the Standing Committee has more than one Sub- 27 committee, the Sub-committee Chairman with the longest 28 consecutive legislative service shall act as Chairman of the 29 Standing Committee, except where the Sub-committee Chairmen have 30 equal legislative service, in which case the Speaker of the 19790H0053R1122 - 35 -
1 House shall designate one of the Sub-committee Chairmen to act 2 as Chairman of the Standing Committee. 3 In case of absence of a Sub-committee Chairman, the Chairman 4 of the appropriate standing Committee shall designate one member 5 from either the Standing Committee or Sub-committee to act as 6 Chairman of the Sub-committee. 7 RULE 45 8 Powers and Duties of Standing Committees 9 and Sub-Committees 10 The Chairman of each Standing Committee and Sub-committee 11 shall fix regular weekly, biweekly or monthly meeting days for 12 the transaction of business before the Committee or Sub- 13 committee. The Chairman of the Committee or Sub-committee shall 14 notify all members, at least twenty-four hours in advance of the 15 date, time and place of regular meetings, and, insofar as 16 possible, the subjects on the agenda. In addition to regular 17 meetings, special meetings may be called from time to time by 18 the Chairman of the Committee or Sub-committee as they deem 19 necessary. No committee shall meet during any session of the 20 House without first obtaining permission of the Speaker. During 21 any such meeting, no vote shall be taken on the Floor of the 22 House on any amendment, recommittal motion, final passage of any 23 bill, or any other matter requiring a roll call vote. Any 24 Committee meeting called off the Floor of the House shall meet 25 in a committee room. In addition to the specific provisions of 26 this Rule 45, all provisions of the act of July 19, 1974 27 (P.L.486, No.175) relative to notice of meetings shall be 28 complied with. 29 At regularly scheduled meetings, or upon the call of the 30 Chairman, or Sub-Committee Chairman, for special meetings, the 19790H0053R1122 - 36 -
1 membership of such Committees shall meet to consider any bill, 2 resolution, or other matter on the agenda. The Secretary of each 3 Standing Committee, or in case of Sub-Committees a secretary 4 designated by the Sub-Committee Chairman, shall record: (1) the 5 minutes of the meeting, (2) all votes taken, and (3) a roll or 6 attendance of members at Standing Committee or Sub-Committee 7 meetings showing the names of those present, absent or excused 8 from attendance; such records shall be open to public 9 inspection. On the first legislative day of each week the House 10 is in session, the Chairman of each Standing Committee shall 11 submit to the Chief Clerk for inclusion in the House Journal, 12 the roll or record of attendance of members at Standing 13 Committee or Sub-committee meetings held prior thereto and not 14 yet reported, along with the record of all votes taken at such 15 meetings. All meetings at which formal action is taken by a 16 Standing Committee or Sub-Committee shall be open to the public, 17 making such reports as are required under Rule 44. When any 18 member, except for an excused absence, fails to attend five 19 consecutive regular meetings of his committee, the Chairman of 20 that Committee or Sub-Committee shall notify him of that fact 21 and, if the member in question fails to reasonably justify his 22 absences to the satisfaction of a majority of the membership of 23 the Standing Committee of which he is a member, his membership 24 on the Committee or Sub-Committee shall be deemed vacant and the 25 Chairman of the Standing Committee shall notify the Speaker of 26 the House to that effect. Such vacancy shall then be filled in 27 the manner prescribed by these rules. 28 Whenever the Chairman of any Standing Committee shall refuse 29 to call a regular meeting, then a majority of the members of the 30 Standing Committee may vote to call a meeting by giving two days 19790H0053R1122 - 37 -
1 written notice to the Speaker of the House, setting the time and 2 place for such meeting. Such notice shall be read in the House 3 and the same posted by the Chief Clerk in the House Chamber. 4 Thereafter, the meeting shall be held at the time and place 5 specified in the notice. In addition, all provisions of the act 6 of July 19, 1974 (P.L.486, No.175), relative to notice of 7 meetings shall be complied with. 8 Each Secretary of a Standing Committee and each Secretary of 9 a Standing Sub-Committee shall keep a record of the dispatch of 10 the bills, resolutions, committee reports and other matters 11 before it in an appropriate journal which shall be open to 12 public inspection. 13 Records, bills and other papers in the possession of 14 committees and sub-committees, upon final adjournment of the 15 House shall be filed with the Chief Clerk. 16 No Committee report, except a report of the Appropriations 17 Committee, shall be recognized by the House, unless the same has 18 been acted upon by a majority vote of the members of a Standing 19 Committee present at a Committee session actually assembled and 20 meeting as a Committee, provided such majority vote numbers at 21 least ten members, and provided further a quorum is present. No 22 committee report of the Appropriations Committee shall be 23 recognized by the House, unless the same has been acted upon by 24 a majority vote of the members of such committee present at a 25 committee session actually assembled and meeting as a committee, 26 provided such majority vote numbers at least fourteen members, 27 and provided further a quorum is present. All reports of 28 Standing Committees shall be prepared in writing by the 29 Secretary of the Committee. Members of a Standing Committee may 30 prepare in writing and file a minority report, setting forth the 19790H0053R1122 - 38 -
1 reasons for their dissent. 2 When the majority of the members of a Standing Committee 3 believe that a certain bill or resolution in the possession of 4 the Standing Committee should be considered and acted upon by 5 such Committee, they may request the Chairman to include the 6 same as part of the business of a committee meeting. Upon 7 failure of the Chairman to comply with such request, the 8 membership may require that such bill be considered by written 9 motion made and approved by a majority vote of the entire 10 membership to which such Committee is entitled. 11 Whenever the phrase "majority of members of a Standing 12 Committee or Sub-committee" is used in these rules, it shall 13 mean majority of the entire membership to which a Standing 14 Committee or Sub-committee is entitled, unless the context 15 thereof indicates a different intent. 16 To assist the House in appraising the administration of the 17 laws and in developing such amendments or related legislation as 18 it may deem necessary, each Standing Committee or Sub-committee 19 of the House shall exercise continuous watchfulness of the 20 execution by the administrative agencies concerned of any laws, 21 the subject matter of which is within the jurisdiction of such 22 committee or sub-committee; and, for that purpose, shall study 23 all pertinent reports and data submitted to the House by the 24 agencies in the executive branch of the Government. 25 RULE 46 26 Committee on Rules 27 The Committee on Rules shall consist of the Speaker, the 28 Majority Leader, the Majority Whip, the Minority Leader, the 29 Minority Whip, six members of the majority party appointed by 30 the Speaker, and three members of the minority party appointed 19790H0053R1122 - 39 -
1 by the Minority Leader. The Majority Leader shall be Chairman. 2 The Committee shall make recommendations designed to improve 3 and expedite the business and procedure of the House and its 4 committees, and to propose to the House any amendments to the 5 Rules deemed necessary. The Committee shall also do all things 6 necessary to fulfill any assignment or duty given to the 7 Committee by any resolution, or other rule of the House of 8 Representatives. 9 The Committee shall be privileged to report at any time. 10 The Committee shall, until or unless superseded by law, adopt 11 guidelines for the expenditure of all funds appropriated to the 12 House or to any member or nonmember officer by any appropriation 13 act. 14 Such guidelines shall include a detailed statement of the 15 general and specific purposes for which the funds from that 16 appropriation account may be used, as well as uniform standards 17 of required documentation, accounting systems and record keeping 18 procedures. 19 RULE 47 20 Ethics Committee 21 As used in the context of this rule, the word "Committee" 22 shall mean the Committee on Ethics of the House of 23 Representatives, and the phrase "majority of the Committee: 24 shall mean a majority of the members to which the Committee is 25 entitled: 26 The Committee shall consist of eight members: four of whom 27 shall be members of the Majority Party appointed by the Speaker, 28 and four of whom shall be members of the Minority Party 29 appointed by the Minority Leader. The Speaker shall appoint from 30 the members a Chairman, Vice Chairman and Secretary for the 19790H0053R1122 - 40 -
1 Committee. The Chairman shall be a member of the majority party 2 and the Vice Chairman shall be a member of the minority party. 3 The Chairman shall notify all members of the Committee at 4 least twenty-four hours in advance of the date, time and place 5 of a regular meeting. Whenever the Chairman shall refuse to call 6 a regular meeting, a majority of the Committee may vote to call 7 a meeting by giving two days' written notice to the Speaker of 8 the House setting forth the time and place for such meeting. 9 Such notice shall be read in the House and posted in the House 10 Chamber by the Chief Clerk, or his designee. Thereafter, the 11 meeting shall be held at the time and place specified in such 12 notice. 13 The Committee shall conduct its investigations, hearings and 14 meetings relating to a specific investigation or a specific 15 member, officer or employee of the House in closed session and 16 the fact that such investigation is being conducted or to be 17 conducted or that hearings or such meetings are being held or 18 are to be held shall be confidential information unless the 19 person subject to investigation advises the Committee in writing 20 that he elects that such hearings shall be held publicly. In the 21 event of such an election, the Committee shall furnish such 22 person a public hearing. All other meetings of the Committee 23 shall be open to the public. 24 The Committee shall receive complaints against members, 25 officers and employees of the House, and persons registered or 26 carrying on activities regulated by the act of September 30, 27 1961 (P.L.1778, No.712), known as the "Lobbying Registration and 28 Regulation Act," alleging illegal or unethical conduct. Any such 29 complaint must be in writing verified by the person filing the 30 complaint and must set forth in detail the conduct in question 19790H0053R1122 - 41 -
1 and the section of the "Legislative Code of Ethics," the 2 "Lobbying Registration and Regulation Act," or House rule 3 violated. The Committee shall make a preliminary investigation 4 of the complaint, and if it is determined by a majority of the 5 Committee that a violation of the rule or law may have occurred, 6 the person against whom the complaint has been brought shall be 7 notified in writing and given a copy of the complaint. Within 8 fifteen days after receipt of the complaint, such person may 9 file a written answer thereto with the Committee. Upon receipt 10 of the answer, by vote of a majority of the Committee, the 11 Committee shall either dismiss the complaint within ten days or 12 proceed with a formal investigation, to include hearings, not 13 less than ten days nor more than thirty days after notice in 14 writing to the persons so charged. Failure of the person charged 15 to file an answer shall not be deemed to be an admission or 16 create an inference or presumption that the complaint is true, 17 and such failure to file an answer shall not prohibit a majority 18 of the Committee from either proceeding with a formal 19 investigation or dismissing the complaint. 20 A majority of the Committee may initiate a preliminary 21 investigation of the suspected violation of a Legislative Code 22 of Ethics or House rule by a member, officer or employee of the 23 House or lobbyist. If it is determined by a majority of the 24 Committee that a violation of a rule or law may have occurred, 25 the person in question shall be notified in writing of the 26 conduct in question and the section of the "Legislative Code of 27 Ethics," the "Lobbying Registration and Regulation Act" or House 28 rule violated. Within fifteen days, such person may file a 29 written answer thereto. Upon receipt of the answer, by vote of a 30 majority of the Committee, the Committee shall either dismiss 19790H0053R1122 - 42 -
1 the charges within ten days or proceed with a formal 2 investigation, to include hearings, not less than ten days nor 3 more than thirty days after notice in writing to the person so 4 charged. Failure of the person charged to file an answer shall 5 not be deemed to be an admission or create an inference or 6 presumption that the charge is true, and such failure to file an 7 answer shall not prohibit a majority of the Committee from 8 either proceeding with a formal investigation or dismissing the 9 charge. 10 In the event that the Committee shall elect to proceed with a 11 formal investigation of the conduct of any member, officer or 12 employee of the House, the Committee shall employ independent 13 counsel who shall not be employed by the House for any other 14 purpose or in any other capacity during such investigation. 15 All constitutional rights of any person under investigation 16 shall be preserved, and such person shall be entitled to present 17 evidence, cross-examine witnesses, face his accuser, and be 18 represented by counsel. 19 The Chairman may continue any hearing for reasonable cause, 20 and upon the vote of a majority of the Committee or upon the 21 request of the person subject to investigation, the Chairman 22 shall issue subpoenas for the attendance and testimony of 23 witnesses and the production of documentary evidence relating to 24 any matter under formal investigation by the Committee. The 25 Committee may administer oaths or affirmations and examine and 26 receive evidence. 27 All testimony, documents, records, data, statements or 28 information received by the Committee in the course of any 29 investigation shall be private and confidential except in the 30 case of public hearings or in a report to the House. No report 19790H0053R1122 - 43 -
1 shall be made to the House unless a majority of the Committee 2 has made a finding of unethical or illegal conduct on the part 3 of the person under investigation. No finding of unethical or 4 illegal conduct shall be valid unless signed by at least a 5 majority of the Committee. Any such report may include a 6 minority report. No action shall be taken on any finding of 7 illegal or unethical conduct nor shall such finding or report 8 containing such finding be made public sooner than seven days 9 after a copy of the finding is sent by certified mail to the 10 member, officer or employee under investigation. 11 The Committee may meet with a Committee of the Senate to hold 12 investigations or hearings involving employees of the two houses 13 jointly or officers or employees of the Legislative Reference 14 Bureau, the Joint State Government Commission, Local Government 15 Commission, Legislative Budget and Finance Committee and the 16 Legislative Data Processing Committee; provided, however, that 17 no action may be taken at a joint meeting unless it is approved 18 by a majority of the Committee. 19 In the event that a member of the Committee shall be under 20 investigation, such member shall be temporarily replaced on the 21 Committee in a like manner as said member's original 22 appointment. 23 The Committee, whether or not at the request of a member, 24 officer or employee concerned about an ethical problem relating 25 to himself alone or in conjunction with others, may render 26 advisory opinions with regard to questions pertaining to 27 legislative ethics or decorum. Such advisory opinions, with such 28 deletions and changes as shall be necessary to protect the 29 identity of the persons involved or seeking them, may be 30 published and shall be distributed to all the members of the 19790H0053R1122 - 44 -
1 House. 2 Any member of the Committee breaching the confidentiality of 3 materials and events as set forth in this rule shall be removed 4 immediately from the Committee and replaced by another member of 5 the House in a like manner as said member's original 6 appointment. 7 The Committee may adopt rules of procedure for the orderly 8 conduct of its affairs, investigations, hearings and meetings, 9 which rules are not inconsistent with this rule. 10 The Committee shall continue to exist and have authority and 11 power to function after the sine die Adjournment of the General 12 Assembly and shall so continue until the expiration of the then 13 current term of office of the members of the Committee. 14 RULE 47 (a) 15 Special Committee on Internal Affairs 16 and House Administration 17 (1) The Committee shall consist of the Speaker, Majority 18 Leader, Minority Leader, four members of the Majority Party to 19 be elected by the caucus, one of whom shall be named 20 Chairperson, and five members of the Minority Party to be 21 elected by the caucus. All appointments shall be made by the 22 Speaker, including the Chairperson. 23 (2) The powers and duties of the Committee shall include, 24 but not be limited to the following: 25 (a) To review all public accounts under the control or 26 jurisdiction of the Chief Clerk, Secretary, Comptroller, 27 Minority Staff Administrator, Majority and Minority Committee 28 Chairpersons, all members elected by the respective caucuses and 29 any other member or person elected by the membership of the 30 House. 19790H0053R1122 - 45 -
1 (b) Such review shall be conducted at least quarterly and at 2 such other times as the Committee may choose. 3 (c) The findings of each review shall be published in a 4 Committee report and shall be available for public inspection. A 5 copy of said report shall be furnished to any interested person 6 upon request and payment of the actual cost to duplicate the 7 same. 8 (d) The Committee may promulgate rules and regulations to 9 carry out the purview of this Rule which shall be distributed to 10 the members of the House and which shall remain in effect unless 11 voided by a majority vote of the members elected to the House. 12 (3) No employee shall be assigned, hired or otherwise 13 engaged to regularly perform duties outside the City of 14 Harrisburg unless specifically authorized in writing by the 15 person responsible for their performance and a copy of said 16 authorization is filed with the Committee. Such person shall 17 have thirty days after adoption of this rule to comply initially 18 with such written authorization requirement. 19 (4) Before an employee is assigned to a member or members, 20 said member or members shall indicate their acceptance of said 21 employee on a form prescribed by the Committee and said member 22 or members shall thereafter be responsible for the faithful 23 performance by the employee of his or her designated duties. 24 (5) (a) Any member or nonmember having funds under his or 25 her control or jurisdiction who intentionally provides any 26 remuneration to another person in an apparent violation of this 27 Rule or any employee who intentionally accepts any remuneration 28 without providing the required services or otherwise receives 29 public funds to which he or she is not entitled in any other 30 apparent violation of this Rule, shall be notified in writing by 19790H0053R1122 - 46 -
1 the Committee of such alleged violation. Immediately following 2 such notice, the Committee shall turn over all pertinent 3 information on the matter to the House Ethics Committee, which 4 shall conduct an immediate investigation of the allegations and 5 report to the House within sixty days. The Ethics Committee 6 shall make a recommendation to the House for appropriate action 7 by the House which may include a recommendation that the person 8 or persons so involved shall be discharged from employment and 9 said person or persons shall not thereafter be eligible for 10 further employment by the House and/or a recommendation to the 11 House or respective caucus that said member be removed from his 12 or her leadership position and the House or respective caucus 13 shall then act on said recommendation within five legislative 14 days. 15 (b) Whenever a determination is made that a violation has 16 occurred, the Committee shall utilize all available means to 17 recover the moneys disbursed in violation of this Rule. 18 (6) The Committee is authorized to employ the services of an 19 Executive Director and a secretary. Said employees shall be 20 compensated in the same manner and pay range as comparable 21 employees of the several Standing House Committees. 22 (7) All meetings of the Committee shall be open to the 23 public and the votes of the members recorded. No action may be 24 taken without a quorum present and without a majority vote of 25 those members present. A quorum shall consist of at least seven 26 members. The Committee may meet in executive session from time 27 to time subject to the limitations of the act of July 19, 1974 28 (P.L.486, No.175), referred to as the Public Agency Open Meeting 29 Law. 30 RULE 48 19790H0053R1122 - 47 -
1 Conference Committee 2 All Committees of Conference shall be appointed by the 3 Speaker and shall be composed of three members, two of whom 4 shall be selected from the Majority Party and one from the 5 Minority Party. 6 The conferees shall confine themselves to the differences 7 which exist between the House and Senate. 8 The presentation of reports of Committees of Conference shall 9 be in order after having been signed by a majority of members of 10 the Committee of each House. 11 Consideration of a report of a Committee of Conference by the 12 House shall be in order when it has been printed, placed on the 13 desks of the members and listed on the calendar. 14 RULE 49 15 Committee Action 16 Whenever a bill, resolution or other matter has been referred 17 by the Speaker of the House to a Standing Committee, and such 18 Committee has one or more Standing Sub-committees, the Chairman 19 of the Standing Committee may either refer it to an appropriate 20 Sub-committee or retain it for consideration by the entire 21 Standing Committee. If it is retained, such Standing Committee 22 shall have full power and control over such bill, resolution or 23 other matter, except that such Committee shall not change the 24 subject nor any amendments adopted by the House. Where the 25 Chairman of the Standing Committee refers such bill, resolution, 26 or matter to a Sub-committee, such Sub-committee, except as 27 hereinafter provided, shall have full power over the same. 28 The recommendations by a committee that a bill or resolution 29 be reported negatively shall not affect its consideration by the 30 House. The words "negative recommendation" shall be printed 19790H0053R1122 - 48 -
1 conspicuously on a line above the title of this bill. 2 All Standing Sub-committees shall be subject to the will of 3 the majority of their parent Standing Committee and shall not 4 promulgate any rules or take any action inconsistent with the 5 rules of their parent Standing Committee or the Rules of the 6 House. 7 RULE 50 8 Public Hearings 9 Each Standing Committee, Sub-committee or select committee to 10 which a proposed bill, resolution or any matter is referred 11 shall have full power and authority to study said bill, 12 resolution or other matter before it, as such Committee, shall 13 determine is necessary to enable it to report properly to the 14 House thereon. To this end, a Standing Committee, Sub-committee, 15 or select committee, may as hereinafter provided, conduct public 16 hearings. No Standing Committee, Sub-committee or select 17 committee shall hold any public hearings without prior approval 18 by a majority vote of the members of the Standing Committee and 19 the Speaker or the Majority Leader of the House. The Speaker or 20 the Majority Leader of the House shall withhold approval of 21 public hearings based only on budgetary consideration. 22 When a public hearing has been authorized as aforesaid, the 23 Chairman of the Standing Committee, Sub-committee Chairman, or 24 Select Committee Chairman as the case may be, shall instruct the 25 Chief Clerk to give written notice thereof to each House Member 26 not less than five calendar days before the proposed hearings 27 and post the same in or immediately adjacent to the House 28 Chambers. Such notice, which shall contain the day, hour and 29 place of the hearing and the number or numbers of bills or other 30 subject matter to be considered at such hearing, shall also be 19790H0053R1122 - 49 -
1 given the supervisor of the news room, and to the news media. In 2 addition, all provisions of the act of July 19, 1974 (P.L.486, 3 No.175), relative to notice of meetings shall be complied with. 4 Public hearings held by a Standing Committee shall be chaired 5 by the Chairman of such Committee, unless absent, in which case 6 an acting Chairman shall be selected in the manner prescribed by 7 these rules to serve in his stead. Public hearings held by 8 Standing Sub-committees shall be chaired by the Sub-committee 9 Chairman thereof, but the Chairman of the parent Standing 10 Committee, as an ex-officio member of the Sub-committee, shall 11 have the right to attend and participate in the hearing 12 proceedings. In the absence of the Sub-committee Chairman, an 13 acting Chairman shall be appointed in the manner prescribed by 14 these rules. 15 All public hearings shall be open to the public and 16 reasonable opportunity to be heard shall be afforded to all 17 interested parties who have requested an appearance before the 18 Committee. In addition, it shall be the responsibility of the 19 Committee in conducting its hearing to request the presentation 20 of testimony by any person who, in the opinion of the Committee, 21 is qualified to present pertinent and important testimony. 22 Such Committee shall, so far as practicable, request all 23 witnesses appearing before it to file written statements of 24 their proposed testimony. The Chairman shall have the right to 25 fix the order of appearance and the time to be allotted to 26 witnesses. Witnesses may submit brief pertinent statements in 27 writing for inclusion in the record. The Committee is the sole 28 judge of the pertinency of testimony and evidence adduced at its 29 hearings. 30 The Chairman, in presiding at such public hearings, shall 19790H0053R1122 - 50 -
1 preserve order and decorum, in and adjacent to his committee 2 room while the hearing is being conducted and he shall have the 3 authority to direct the removal from the Committee room of any 4 person who fails to comply with order and decorum of the 5 Committee. 6 Proceedings of all public hearings shall be either 7 stenographically or electronically recorded. The Committee shall 8 determine which parts of such recorded proceedings, if any, 9 shall be transcribed and the distribution thereof. Except as 10 hereinafter provided, no more than four (4) copies of any 11 transcript shall be made. Such stenographic or electronic 12 records and at least one copy of any transcription shall be 13 preserved by the Chief Clerk until he is authorized to dispose 14 of same by an affirmative vote of three-quarters of the entire 15 membership of the Rules Committee and shall be made available to 16 any member upon written request for the purpose of copying or 17 transcription at that member's expense. Any transcribed records 18 and any reports of the Committee shall be filed with the Chief 19 Clerk or his designee and shall be made available to any person 20 in accordance with reasonable rules and regulations prescribed 21 by the Chief Clerk. Upon payment of a reasonable cost to be 22 determined by the Chief Clerk, a person may obtain a copy of 23 such transcribed records or reports. 24 The Chief Clerk shall not make payment of any expenses 25 incurred as a result of a public hearing without the prior 26 written approval of the Speaker or the Majority Leader of the 27 House. 28 RULE 51 29 Investigations 30 Any Standing Committee, Sub-committee or Select Committee, 19790H0053R1122 - 51 -
1 upon resolution introduced and approved by majority vote of the 2 House, may be authorized and empowered to conduct hearings at 3 any place in the Commonwealth to investigate any matter provided 4 for in such resolution. When authorized by such a resolution, 5 such Committee shall be empowered to issue subpoenas under the 6 hand and seal of the Chairman thereof commanding any person to 7 appear before it and answer questions touching matters properly 8 being inquired into by the Committee and produce such books, 9 papers, records, accounts, reports, and documents as the 10 Committee deems necessary. Such subpoenas may be served upon any 11 person and shall have the force and effect of subpoenas issued 12 out of the courts of this Commonwealth. Where any person 13 willfully neglects or refuses to comply with any subpoena issued 14 by the Committee or refuses to testify before the Committee on 15 any matter regarding which he may be lawfully interrogated, it 16 shall be the duty of the Committee to report such disobedience 17 or refusal to the House of Representatives, and such person 18 shall be subject to the penalties provided by the laws of the 19 Commonwealth in such cases. All such subpoenaed books, papers, 20 records, accounts, reports, and documents shall be returned to 21 the person from whom such material was subpoenaed when the 22 Committee has completed its examination of such material, but in 23 no event later than the date on which the Committee completes 24 its investigation. Such material, or any information derived 25 therefrom not a part of public sessions of the Committee, shall 26 not be turned over to any person or authority without the 27 consent of the person from whom such material was subpoenaed. 28 Each member of the Committee shall have power to administer 29 oaths and affirmations to witnesses appearing before the 30 Committee. The Sergeant-at-Arms of the Legislature or other 19790H0053R1122 - 52 -
1 person designated by the Committee shall serve any subpoenas 2 issued by the Committee, when directed to do so by the 3 Committee. The subpoena shall be addressed to the witness, state 4 that such proceeding is before a Committee of the House at which 5 the witness is required to attend and testify at a time and 6 place certain and be signed by the Chairman of the Committee 7 commanding attendance of such witness. Mileage and witness fees 8 shall be paid to such witness in an amount prescribed by law. 9 The Chairman of the investigative hearing shall call the 10 Committee to order and announce in an opening statement the 11 subject or purposes of the investigation. 12 A copy of this rule shall be made available to the witnesses 13 at least three calendar days prior to his or her scheduled 14 testimony. Witnesses at investigative hearings, may be 15 accompanied by their own counsel for the purpose of advising 16 them concerning their constitutional rights. The Chairman, for 17 breaches of order or decorum or of professional ethics on the 18 part of counsel, may exclude him from the hearing. Counsel may 19 interpose legal objection to any and all questions which in the 20 opinion of counsel may violate the civil or constitutional 21 rights of his clients. 22 If the Committee determines that evidence or testimony at an 23 investigative hearing may tend to defame, degrade or incriminate 24 any person, it shall: 25 a. receive such evidence or testimony in executive session; 26 b. afford such person an opportunity voluntarily to appear 27 as a witness; and 28 c. receive and dispose of requests from such person to 29 subpoena additional witnesses. 30 No evidence or testimony taken in executive session may be 19790H0053R1122 - 53 -
1 released to any person or authority or used in public sessions 2 without the consent of the Committee. 3 Proceedings of all public hearing shall be either 4 stenographically or electronically recorded. The Committee shall 5 determine which parts of such recorded proceedings, if any, 6 shall be transcribed and four copies thereof shall be 7 distributed and additional copies made available as provided in 8 Rule 50. Such stenographic or electronic records shall be 9 preserved by the Chief Clerk until he is directed to dispose of 10 same by an affirmative vote of three-quarters of the entire 11 membership of the Rules Committee and shall be made available to 12 any member upon written request for the purpose of transcription 13 at that member's expense. Any transcribed records and any 14 reports of the Committee shall be filed with the Chief Clerk or 15 his designee and shall be made available to any person in 16 accordance with reasonable rules and regulations prescribed by 17 the Chief Clerk. 18 Upon payment of a reasonable cost to be determined by the 19 Chief Clerk, a person may obtain a copy of the transcript of any 20 testimony given at a public session or, if given at an executive 21 session when authorized by the Committee. 22 RULE 52 23 Possession of Bills by Committee 24 When a committee has ordered that a bill, resolution or other 25 matter be reported to the House, the member to whom it is 26 assigned shall make the report thereof to the House either on 27 the same day or at the next meeting of the House. 28 Failure of a member to comply with this rule shall be 29 reported to the House by the committee, provided the official 30 copy of the bill, resolution or other matter has not been 19790H0053R1122 - 54 -
1 obtained. Upon a motion agreed to by the House, a duplicate 2 certified copy of a House bill, House resolution or other House 3 matter shall be furnished to the committee by the Chief Clerk. 4 A committee or Sub-committee shall not consider a bill, 5 resolution or other matter which is not in its possession. 6 When a committee reports to the House that a House bill, 7 House Resolution or other House matter referred to it is lost, 8 upon a motion agreed to by the House, a duplicate certified copy 9 thereof shall be furnished by the Chief Clerk. 10 If the Senate bill, Senate resolution or other Senate matter 11 received from the Senate is lost, upon a motion agreed to by the 12 House, a request shall be made to the Senate to furnish the 13 House with a duplicate certified copy thereof. 14 If a bill, resolution or other matter is lost before it has 15 been referred to a committee, the fact shall be reported to the 16 House and the procedure provided by this rule shall be followed. 17 RULE 53 18 Discharge of Committees 19 A member may present to the Chief Clerk a resolution in 20 writing to discharge a committee from the consideration of a 21 bill or resolution which has been referred to it fifteen 22 legislative days prior thereto (but only one motion may be 23 presented for each bill or resolution). The discharge resolution 24 shall be placed in the custody of the Chief Clerk, who shall 25 arrange some convenient place for the signature of the members. 26 A signature may be withdrawn by a member in writing at any time 27 before the discharge resolution is entered in the Journal. When 28 twenty-five members of the House shall have signed the 29 resolution, it shall be entered in the Journal and the title of 30 the bill or resolution and the name of the committee to be 19790H0053R1122 - 55 -
1 discharged shall be printed on the calendar. 2 Any member who has signed a discharge resolution which has 3 been on the calendar at least one legislative day prior thereto 4 and seeks recognition, shall be recognized for the purpose of 5 calling up the discharge resolution and the House shall proceed 6 to its consideration without intervening motion except one 7 motion to adjourn; however, no discharge resolution shall be 8 considered during the last six legislative days of any session 9 of the House. A majority vote of all the members elected to the 10 House shall be required to agree to a resolution to discharge a 11 committee. When any perfected discharge resolution has been 12 acted upon by the House and defeated it shall not be in order to 13 entertain during the same session of the House any other 14 discharge resolution from that committee of said measure, or 15 from any other committee of any other bill or resolution 16 substantially the same, relating in substance to or dealing with 17 the same subject matter. 18 RULE 54 19 Presentation and Withdrawal of Motions 20 When a motion which is in order has been made, the Speaker 21 shall state it or (if it is in writing) cause it to be read by 22 the Clerk. It shall then be in the possession of the House, but 23 it may be withdrawn by the maker at any time before decision or 24 amendment. 25 The Speaker shall put the question in the following form, 26 viz: "those in favor of the motion will say 'aye'." After the 27 affirmative is expressed, "those who are opposed will say 'no'." 28 All motions, except for the previous question and a motion 29 for reconsideration, may be made without a second. 30 No dilatory motion shall be entertained by the Speaker. 19790H0053R1122 - 56 -
1 RULE 55 2 Privileged Motions 3 When a question is under debate or before the House, no 4 motion shall be received but the following, which shall take 5 precedence in the order named: 6 1. To adjourn, or recess 7 2. A call of the House 8 3. To lay on the table 9 4. For the previous question 10 5. To postpone 11 6. To commit or recommit 12 7. To amend 13 Debate on the motion to postpone shall be confined to the 14 question of the postponement and shall not include discussion of 15 the main question. 16 The motion to commit or recommit is open to debate only as to 17 the reasons for or against reference to committee and shall not 18 include a discussion of the merits of the main question. 19 Debate on the motion to amend shall be limited to the 20 amendment and shall not include the general merits of the main 21 question. 22 RULE 56 23 Adjourn 24 A motion to adjourn or recess is not debatable, cannot be 25 amended and is always in order, except: (a) when another member 26 has the floor; (b) when the House is voting. 27 When a motion to adjourn is made, it shall be in order for 28 the Speaker, before putting the question, to permit the Majority 29 and Minority Leaders and/or one member designated by each of 30 them to state to the House any fact relating to the condition of 19790H0053R1122 - 57 -
1 the business of the House which would seem to render it 2 inadvisable to adjourn. These statements shall be limited to two 3 minutes and shall not be debatable. 4 RULE 57 5 Call of the House 6 If a question of the absence of a quorum is raised by a 7 member, the Speaker shall order the Sergeant-at-Arms to close 8 the doors of the House. No member shall be permitted to leave 9 the House, except by permission of the House. The names of the 10 members present shall be recorded and absentees noted. Those for 11 whom no leave of absence has been granted or no sufficient 12 excuse is made may, by order of a majority of the members 13 present, be sent for and taken into custody by the Sergeant-at- 14 Arms and his assistants appointed for that purpose, and brought 15 before the bar of the House where, unless excused by a majority 16 of the members present, they shall be censured or punished for 17 neglect of duty as the House may direct. 18 Further proceedings under a call of the House may be 19 dispensed with at any time after the completion of the roll call 20 and the announcement of the result. 21 These proceedings shall be without debate, and no motion, 22 except to adjourn, shall be in order. 23 RULE 58 24 Persons Admitted Under a Call of the House 25 Members who voluntarily appear during a call of the House 26 shall be admitted to the House. Upon recognition by the Speaker 27 they shall announce their presence and their names shall be 28 recorded on the roll. 29 Officers of the House, accredited correspondents and 30 employees designated by the Chief Clerk shall be admitted to the 19790H0053R1122 - 58 -
1 House during a call. 2 Visitors shall not be admitted to the House after the doors 3 are closed and until the proceedings under the call are 4 terminated, but they shall be permitted to leave. 5 RULE 59 6 Lay on the Table 7 A motion to lay on the table is not debatable, is not subject 8 to amendment and carries with it the main question and all other 9 pending questions which adhere to it, except when an appeal is 10 laid on the table. 11 RULE 60 12 Motion to Take from the Table 13 A motion to take from the table a bill or other subject is in 14 order under the same order of business in which the matter was 15 laid on the table. It shall be decided without debate or 16 amendment. 17 RULE 61 18 Previous Question 19 A motion for the previous question, seconded by twenty 20 members and sustained by a majority of the members present, 21 shall put an end to all debate and bring the House to an 22 immediate vote on the question then pending, or the questions on 23 which it has been ordered. 24 A motion for the previous question may be made to embrace any 25 or all pending amendments or motions and to include the passage 26 or rejection of a bill or resolution. 27 RULE 62 28 Call for Yeas and Nays--Reasons for Vote 29 The yeas and nays of the members on any question shall, at 30 the desire of any two of them, be entered on the Journal. 19790H0053R1122 - 59 -
1 (Constitution, Article II, Section 12). 2 When the Speaker or any member is not satisfied with a voice 3 vote on a pending question, the Speaker may order a roll call 4 vote; or, upon request of two members, before the result of the 5 vote is announced, he shall order a roll call vote. 6 A member may submit a written explanation of his vote 7 immediately following the announcement of the result of the vote 8 and have it printed in the Journal. 9 RULE 63 10 Division of a Question 11 Any member may call for a division of a question by the 12 House, if it comprehends propositions so distinct and separate 13 that one being taken away, the other will stand as a complete 14 proposition for the decision of the House. 15 A motion to strike out and insert is indivisible, but a 16 motion to strike out being lost shall neither preclude amendment 17 nor a motion to strike out and insert. 18 RULE 64 19 Members Required to be Present and Vote 20 Every member shall be present within the Hall of the House 21 during its sittings, unless excused by the House or unavoidably 22 prevented, and shall vote for or against each question put, 23 unless he has a direct personal or pecuniary interest in the 24 determination of the question, or unless he is excused by the 25 House. 26 No member shall be permitted to vote and have his vote 27 recorded on the roll unless he is present in the Hall of the 28 House during the roll call vote. 29 The Legislative Journal shall show the result of each roll 30 call by yeas and nays and those absent and not voting. 19790H0053R1122 - 60 -
1 RULE 65 2 Member Having Private Interest 3 A member who has a personal or private interest in any 4 measure or bill proposed or pending before the House shall 5 disclose the fact to the House and shall not vote thereon. 6 (Constitution, Article III, Section 13). 7 RULE 66 8 Electric Roll Call 9 The names of the members shall be listed on the electric roll 10 call boards by party affiliation in alphabetical order, except 11 the name of the Speaker shall be last. 12 On any question requiring the "yeas" and "nays", the electric 13 roll call system shall be used. On all other questions to be 14 voted upon, the Speaker may, in his discretion, order the yeas 15 and nays taken by the electric roll call system or voice vote 16 or, upon demand of two members before the result of a vote has 17 been declared, the yeas and nays shall be taken by the electric 18 roll call system. 19 In the event the electric roll system is not in operating 20 order, the Speaker shall order all yea and nay votes be taken by 21 calling the roll, as provided in the Rules of the House. 22 The vote of any member which has not been recorded because of 23 mechanical malfunction of the electric roll call system shall be 24 entered on the Journal, if said member was in the Hall of the 25 House at the time of the vote and did cast his vote at the 26 appropriate time, and the fact of such malfunction is reported 27 to the Speaker of the House prior to the announcement of the 28 result of the vote. 29 When the House is ready to vote upon any question requiring 30 the yeas and nays and the vote is to be taken by the electric 19790H0053R1122 - 61 -
1 roll call system, the Speaker shall state: "The question 2 .............. .............. .............. (Designating the 3 matter to be voted upon.)" The Speaker shall then unlock the 4 voting machine and announce, "The members shall now proceed to 5 vote." Once the voting has begun, it shall not be interrupted, 6 except for the purpose of questioning the validity of a member's 7 vote or, if the voting switch of a member present in the Hall of 8 the House is locked or otherwise inoperative, a request that 9 such switch be rendered operative or such members vote be 10 officially recorded, before the result is announced. 11 When, in the judgment of the Speaker, reasonable time has 12 been allowed all members present in the House to vote (in no 13 event shall such time exceed ten minutes) he shall ask the 14 question: "Have all members present voted"? After a pause, the 15 Speaker shall lock the machine and instruct the Clerk to record 16 the vote, and the Speaker shall announce the result of the vote. 17 No member or other person shall be allowed at the Clerk's 18 desk while the yeas and nays are being recorded, or the vote 19 counted. 20 After the voting machine is locked, no member may change his 21 vote and the votes of tardy members will not be recorded. 22 The vote as electrically recorded on the roll of members 23 shall not in any manner be altered or changed by any person. 24 No member shall vote for another member, nor shall any person 25 not a member vote for a member. Any member who shall vote or 26 attempt to vote for another member, or a person not a member who 27 shall vote or attempt to vote for a member, may be punished in 28 such manner as the House determines. 29 Any member or other person who willfully tampers with or 30 attempts to disarrange, deface, impair or destroy in any manner 19790H0053R1122 - 62 -
1 whatsoever the electrical voting equipment used by the House, or 2 who instigates, aids or abets with the intent to destroy or 3 change the record of votes thereon shall be punished in such 4 manner as the House determines. 5 A member who has been appointed by the Speaker to preside as 6 Speaker Pro Tempore may designate either the Majority or 7 Minority Whip to cast his vote on any question while he is 8 presiding in accordance with his instructions from the Chair. 9 RULE 67 10 Verification and Challenge 11 Upon completion of a roll call and before the result is 12 announced, if there appears to be need for verification, the 13 Speaker may direct the Clerk to verify it, or three members may 14 demand a verification. 15 Any member may challenge in writing the yea or nay or 16 electrically recorded vote of other members. The allegations 17 made shall be investigated by a committee composed of the 18 Speaker, a majority member and a minority member appointed by 19 the Speaker, who shall submit a report to the House not later 20 than its next session. The House shall then decide whether the 21 challenged vote shall be recorded or not. 22 If the challenged vote would change the result, the 23 announcement of the vote shall be postponed until the House 24 decides the case. 25 RULE 68 26 Changing Vote 27 No member may change his vote, or have his vote recorded 28 after the result of a roll call vote has been announced, nor 29 after an affirmative or negative roll has been declared 30 verified. 19790H0053R1122 - 63 -
1 RULE 69 2 Journal 3 The Chief Clerk shall keep a Journal of the proceedings of 4 the House, which shall be printed and shall be made available to 5 the members. 6 The Journal of the proceedings of the last day's session 7 shall not be read unless so ordered by a majority vote of the 8 House. 9 RULE 70 10 History of House Bills 11 and House Resolutions 12 A weekly History, showing the title and action on House bills 13 and the text and action on non-privileged resolutions, shall be 14 compiled and indexed under the direction of the Chief Clerk and 15 shall be printed and placed on each member's desk. 16 The House History shall include a cumulative index of laws 17 enacted during the session and the text of vetoes by the 18 Governor. 19 RULE 71 20 House Calendar 21 Bills and non-privileged resolutions reported from committees 22 to the House with an affirmative recommendation shall be listed 23 on the calendar in such manner as prescribed by the Rules 24 Committee and any other rule of the House. House bills and House 25 resolutions shall precede Senate bills and Senate resolutions. 26 Bills and non-privileged resolutions shall be listed on the 27 House Calendar for no more than fifteen consecutive legislative 28 days. At the end of the fifteenth consecutive legislative day 29 the said bill or non-privileged resolution shall be 30 automatically recommitted to the committee from which it was 19790H0053R1122 - 64 -
1 reported to the floor of the House. 2 Any bill or non-privileged resolution on the calendar which 3 cannot, by its status, be recommitted shall be removed from the 4 calendar and laid on the table, unless the House shall otherwise 5 direct. 6 RULE 72 7 Journal, Transcribing and 8 Documents Rooms 9 No person, except members and employees of the House having 10 official business, shall be permitted in the Transcribing, the 11 Legislative Journal, and the Bills and Documents Rooms of the 12 House without the consent of the Chief Clerk. 13 RULE 73 14 Correspondents 15 Admission to and administration of the Press Galleries of the 16 Senate and House of Representatives shall be vested in a 17 Committee on Correspondents consisting of the President Pro 18 Tempore of the Senate, or his designee; the Speaker of the House 19 of Representatives, or his designee; the Supervisor of the 20 Capitol Newsroom; the President of the Pennsylvania Legislative 21 Correspondents' Association, or his designee and the Executive 22 Director of the Pennsylvania Association of Broadcasters, or his 23 designee. 24 Persons desiring admission to the press sections of the 25 Senate and House of Representatives shall make application to 26 the Chairman of the Committee on Correspondents. Such 27 application shall state the newspaper, press association or 28 licensed radio or television station, its location, times of 29 publication or hours of broadcasting, and be signed by the 30 applicant. 19790H0053R1122 - 65 -
1 The Committee on Correspondents shall verify the statements 2 made in such application, and, if the application is approved by 3 the Committee, shall issue a correspondent's card signed by the 4 members of the Committee. 5 The gallery assigned to newspaper correspondents or 6 recognized press association correspondents or representatives 7 of licensed radio and television stations, systems or 8 newsgathering agencies shall be for their exclusive use and 9 persons not holding correspondents cards shall not be entitled 10 to admission thereto. Employees of the General Assembly, 11 representatives and employees of state departments, boards, 12 commissions and agencies, visitors and members of the families 13 of correspondents entitled to admission to the press gallery 14 shall, at no time, be permitted to occupy the seats or be 15 entitled to the privileges of the press gallery. 16 Accredited representatives of newspapers, wire, newsreel 17 services and licensed radio or television stations, systems or 18 newsgathering agencies, may be authorized by the Speaker of the 19 House to take photographs, make audio or video recordings or 20 tapes, and to broadcast or televise in the House of 21 Representatives. Applications to take photographs, make audio or 22 video recordings or tapes, or to broadcast or televise at public 23 hearings of committees shall be approved by the Committee 24 Chairman or Co-chairmen conducting such hearing. However, the 25 Committee Chairman conducting the hearing may make such orders 26 to such representatives as may be necessary to preserve order 27 and decorum. 28 No photographs shall be taken nor any recordings or tapes 29 made, nor any broadcasting or televising done in the House of 30 Representatives during sessions, being at ease or recessed, 19790H0053R1122 - 66 -
1 without prior notice to the Representatives. When possible, such 2 notice shall be given at the beginning of the session, at ease 3 or recess, during which the photographs, recordings or taping, 4 broadcasting or televising are scheduled to be taken or made. 5 No more than one representative of each newspaper, press 6 association or licensed radio or television station, system or 7 newsgathering agency shall be admitted to the press gallery at 8 one time. Members of the Pennsylvania Legislative 9 Correspondents' Association and representatives of licensed 10 radio and television stations, systems or newsgathering 11 agencies, assigned to the House of Representatives on a daily 12 basis shall have permanent assigned seating in the press gallery 13 with identification plates. Visiting representatives of daily 14 newspapers, press associations, Sunday newspapers as well as 15 radio and television stations, systems or newsgathering agencies 16 shall coordinate seating accommodations with the supervisor of 17 the Capitol Newsroom. 18 Persons assigned to the press gallery on a permanent or 19 temporary basis, shall at all times, refrain from loud talking 20 or causing any disturbance which tends to interrupt the 21 proceedings of the House of Representatives. 22 Persons assigned to the press gallery on a permanent or 23 temporary basis shall not walk onto the floor of the House of 24 Representatives nor approach the rostrum or the clerks' desks 25 during session or while being at ease. 26 Persons assigned to the press gallery on a permanent or 27 temporary basis wishing to confer with a Representative shall 28 disclose this fact by having a message delivered by a page to 29 the Representative. Such conversation shall be conducted off the 30 floor of the House of Representatives. 19790H0053R1122 - 67 -
1 Representatives of the Pennsylvania Public Broadcasting 2 System may, subject to regulations of the Speaker, televise or 3 make video tapes of proceedings of sessions of the House of 4 Representatives and meetings of all committees of the House of 5 Representatives. 6 RULE 74 7 Visitors 8 Visitors shall be admitted to the Hall of the House only when 9 sponsored by a member. The chief clerk shall issue an 10 appropriate pass to any visitor so sponsored. 11 Persons admitted to the Hall of the House other than members 12 and attaches, shall not be permitted to stand while the House is 13 in session but shall be seated in chairs provided for them. At 14 no time shall visitors be permitted on the Floor of the House 15 while the House is in Session unless so permitted by the 16 speaker. 17 RULE 75 18 Lobbyists 19 No registered lobbyist shall be admitted to the Hall of the 20 House. 21 RULE 76 22 Soliciting Prohibited 23 No officer or employee of the House shall solicit any member, 24 other officer or employee of the House for any purpose. 25 RULE 77 26 Suspending and Changing Rules 27 Any rule of the House, which is not required by the 28 Constitution, may be temporarily suspended at any time for a 29 specific purpose only by a majority vote of the members elected 30 to the House by a roll call vote. 19790H0053R1122 - 68 -
1 A motion to suspend the rules may not be laid on the table, 2 postponed, committed or amended. 3 The existing rules of the House shall not be changed, added 4 to, modified or deleted except by written resolution and the 5 same approved by a majority vote of the members elected to the 6 House by a roll call vote. 7 Except where such resolution originates with the Committee on 8 Rules, no resolution proposing any change, addition, 9 modification or deletion to existing House rules shall be 10 considered until such resolution has been referred to the 11 Committee on Rules, reported therefrom, printed, filed on the 12 desk of each member and placed on the calendar. 13 Any proposed change, addition, modification or deletion 14 offered by a member on the floor of the House to such resolution 15 shall be considered, in effect, a change, addition, modification 16 or deletion to existing House rules and shall require for 17 approval a majority vote of the members by a roll call vote. 18 RULE 78 19 Parliamentary Authority 20 Jefferson's Manual supplemented by Mason's Manual of 21 Legislative Procedure shall be the parliamentary authority of 22 the House, if applicable and not inconsistent with the 23 Constitution of Pennsylvania, the laws of Pennsylvania 24 applicable to the General Assembly, the Rules of the House, the 25 established precedents of the House and the established customs 26 and usages of the House. D23L68CVV/19790H0053R1122 - 69 -