PRINTER'S NO. 716
No. 108 Session of 2007
INTRODUCED BY SHAPIRO, STEIL, ARGALL, BENNINGHOFF, COHEN, COX, DALLY, FREEMAN, GRELL, MAHONEY, MANDERINO, MUNDY, NAILOR, ROAE, ROHRER, RUBLEY, SAINATO, SCHRODER, TANGRETTI, THOMAS, VEREB, VITALI, WALKO AND WILLIAMS, MARCH 7, 2007
REFERRED TO COMMITTEE ON RULES, MARCH 7, 2007
A RESOLUTION 1 Adopting as permanent rules for the House of Representatives the 2 Temporary Rules of the House of Representatives (2007-2008), 3 further providing for order and decorum, for smoking, for 4 members' and employees' expenses; providing for employee 5 payroll information and for electronic availability of 6 reports; further providing for time of meeting, for 7 introduction and printing of bills, for fiscal notes, for 8 bills confined to one subject, for consideration of bills, 9 for first consideration bills, for second consideration 10 bills, for third consideration and final passage bills, for 11 amendments, for bills amended by the Senate, for sine die and 12 final introduction of bills, for powers and duties of 13 standing committees and subcommittees and for Committee on 14 Rules; providing for status of members indicted or convicted 15 of a crime and for status of officers or employees indicted 16 or convicted of a crime; further providing for committee 17 action, for public hearings, for adjourn, for lay on the 18 table, for motion to take from table, for electronic roll 19 call, for suspending and changing rules and for parliamentary 20 authority; and making editorial changes. 21 RESOLVED, That the Temporary Rules of the House of 22 Representatives (2007-2008) be adopted as the Rules of the House 23 of Representatives for the 2007-2008 session of the House of 24 Representatives with the following amendments: 25 (2007-2008) 26 [TEMPORARY] RULES OF THE HOUSE OF REPRESENTATIVES
1 Definitions: 2 "Day" shall mean any calendar day. 3 "Floor of the House" shall be that area within the Hall of 4 the House between the Speaker's rostrum and the brass rail 5 behind the Members' seats. 6 "Formal Action" shall mean any vote or motion of a member of 7 a standing committee, standing subcommittee, select committee or 8 rules committee of the House of Representatives to report or not 9 report, amend, consider or table a bill or resolution and the 10 discussion and debate thereof. 11 "Hall of the House" shall be the floor space within its four 12 walls and does not include the adjoining conference rooms, the 13 lobbies or the upper gallery of the House. 14 "Legislative Day" shall mean any day that the House shall be 15 in session. 16 "Press Gallery" shall be within that area known as the Hall 17 of the House as designated by the Speaker. 18 "Roll Call Vote" shall be a vote taken and displayed by and 19 on the electric roll call board or in the event of a malfunction 20 of the electric roll call board, by such method as shall be 21 determined by the Speaker. 22 RULE 1 23 Speaker Presiding 24 The Speaker shall preside over the sessions of the House. 25 [He] The Speaker may name a member to preside, but the 26 substitution shall not extend beyond an adjournment. [He] The 27 Speaker may appoint a member as Speaker pro tempore to act in 28 [his] the Speaker's absence for a period not exceeding ten 29 consecutive legislative days. 30 As presiding officer and in accordance with Article II § 2 of 20070H0108R0716 - 2 -
1 the Constitution of Pennsylvania and the act of June 3, 1937 2 (P.L.1333, No.320), known as the Pennsylvania Election Code, 3 within ten days after the occurrence of a vacancy the Speaker 4 shall issue a writ for a special election to be held on a date 5 which shall occur on or before the date of the first primary, 6 municipal or general election which occurs not less than 60 days 7 after the issuance of the writ. The Speaker shall not be 8 required to issue a writ of election if the election cannot be 9 scheduled until after the general election. 10 In case of failure to make an appointment, the House shall 11 elect a Speaker pro tempore to act during the absence of the 12 Speaker. 13 The Speaker pro tempore shall perform all the duties of the 14 Chair during the absence of the Speaker. 15 RULE 2 16 Taking the Chair 17 The Speaker shall take the Chair and call the members to 18 order on every legislative day at the hour to which the House 19 adjourned at the last sitting. On the appearance of a quorum, 20 the Speaker shall proceed to the regular order of business as 21 prescribed by the rules of the House. 22 RULE 3 23 Order and Decorum 24 The Speaker or Presiding Officer shall preserve order and 25 decorum. In case of any disturbance or disorderly conduct in the 26 galleries or lobbies, [he] the Speaker shall have the power to 27 order the same to be cleared. 28 The Speaker or Presiding Officer shall have the right to 29 summon [State Police to assist] Legislative Security Officers to 30 enforce in the preservation of order and decorum, and if needed, 20070H0108R0716 - 3 -
1 to summon the State Police to assist. 2 The Sergeant-at-Arms and Legislative Security Officers under 3 the direction of the Speaker or the Presiding Officer shall, 4 while the House is in session, maintain order on the floor and 5 its adjoining rooms[. He] and shall enforce the rule with 6 respect to the conduct of members, staff and visitors. 7 RULE 4 8 Questions of Order 9 The Speaker shall decide all questions of order subject to an 10 appeal by two members. The Speaker may, in the first instance, 11 submit the question to the House. Questions involving the 12 constitutionality of any matters shall be decided by the House. 13 On questions of order there shall be no debate except on an 14 appeal from the decision of the Speaker or on reference of a 15 question [by him] to the House. In either case, no member shall 16 speak more than once except by leave of the House. 17 Unless germane to the appeal, a second point of order is not 18 in order while an appeal is pending; but, when the appeal is 19 disposed of, a second point of order is in order and is subject 20 to appeal. 21 RULE 5 22 Conference and Select Committee Appointments 23 All Committees of Conference shall be appointed by the 24 Speaker and shall be composed of three members, two of whom 25 shall be selected from the majority party and one from the 26 minority party. 27 The Speaker shall appoint the members of select committees, 28 unless otherwise ordered by the House. 29 RULE 6 30 Signature of the Speaker 20070H0108R0716 - 4 -
1 The Speaker shall, in the presence of the House, sign all 2 bills and joint resolutions passed by the General Assembly after 3 their titles have been publicly read immediately before signing, 4 and the fact of signing shall be entered on the Journal. 5 Resolutions, addresses, orders, writs, warrants and subpoenas 6 issued by order of the House shall be signed by the Speaker and 7 attested by the Chief Clerk. 8 RULE 7 9 Oath to Employees 10 The Chief Clerk shall administer an oath or affirmation to 11 the employees of the House that they will severally support, 12 obey and defend the Constitution of the United States and the 13 Constitution of Pennsylvania, and that they will discharge the 14 duties of their offices with fidelity. 15 Each employee of the House, after taking the oath of office, 16 shall sign [his name in] the Oath Book in the presence of the 17 Chief Clerk. 18 RULE 8 19 Supervision of Hall of the House 20 and Committee Rooms 21 Subject to the direction of the Speaker, the Chief Clerk 22 shall have supervision and control over the Hall of the House, 23 the caucus and committee rooms and all other rooms assigned to 24 the House. 25 During the sessions of the Legislature the Hall of the House 26 shall not be used for public or private business other than 27 legislative matters except by consent of the House. During 28 periods of recess of the House such use may be authorized by the 29 Speaker without the consent of the House. 30 RULE 9 20070H0108R0716 - 5 -
1 Decorum 2 While the Speaker is putting a question or addressing the 3 House and during debate or voting, no member shall disturb 4 another by talking or walking up and down or crossing the floor 5 of the House. 6 RULE 9 (a) 7 Smoking 8 No smoking of cigarettes, cigars, pipes and other tobacco 9 products shall be allowed in the Hall of the House nor in any 10 interior area of the Capitol Complex under the control of the 11 House of Representatives. 12 RULE 10 13 Debate 14 When a member desires to address the House, [he] the member 15 shall rise and respectfully address [himself to "Mr. Speaker."] 16 the Speaker. Upon being recognized, [he may speak, confining 17 himself] the member may speak, and shall be confined to the 18 question 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 20070H0108R0716 - 6 -
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] A member may yield the floor for 5 questions 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] the member, but the member 10 shall not discuss a pending question in [his] the explanation. 11 Questions of personal privilege shall be limited to questions 12 affecting the rights, reputation and conduct of members of the 13 House in their respective 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] the member to order, in which case [he] the 19 member shall immediately sit down unless permitted by the House 20 to explain. 21 The House upon appeal shall decide the case without debate. 22 If the decision is in favor of the member, [he] the member may 23 proceed. If the case requires it, [he] the member shall be 24 liable to censure or other punishment as the House deems proper. 25 RULE 14 26 Members' and Employees' Expenses 27 A member who attends a duly called meeting of a standing or 28 special committee of which he or she is a member when the House 29 is not in session or who is summoned to the State Capitol or 30 elsewhere by the Speaker, or the Majority or Minority Leader of 20070H0108R0716 - 7 -
1 the House, to perform legislative services when the House is not 2 in session shall be reimbursed per day for each day of service, 3 plus mileage to and from [his] the member's residence, at such 4 rates as are established from time to time by the Committee on 5 Rules but not in excess of the applicable maximum mileage rate 6 authorized by the Federal Government. For travel to any location 7 for committee meetings or for travel to the State Capitol for 8 any reason, members cannot receive reimbursement in excess of 9 the applicable maximum per diem rate authorized by the Federal 10 Government. These expenses shall be paid by the Chief Clerk from 11 appropriation accounts under [his] the Chief Clerk's exclusive 12 control and jurisdiction, upon a written request approved by the 13 Speaker of the House, or the Majority or the Minority Leader of 14 the House. 15 An employee of the House summoned by the Speaker or the 16 Majority or Minority Leader of the House to perform legislative 17 services outside of Harrisburg shall be reimbursed for actual 18 expenses and mileage to and from [his] the employee's residence. 19 Such expenses may be paid by the Speaker, Majority or Minority 20 Leader, if they agree to do so, or shall be paid by the Chief 21 Clerk from appropriation accounts under [his] the Chief Clerk's 22 exclusive control and jurisdiction, upon a written request 23 approved by the Speaker, or the Majority or the Minority Leader. 24 District office employees are only permitted to be reimbursed 25 from an account under the control of the Chief Clerk when 26 traveling to Harrisburg for a training program sponsored by 27 either caucus or for travel to a legislative conference approved 28 by the Speaker, the Majority Leader or the Minority Leader. All 29 other travel by district office employees may be reimbursed from 30 the member's accountable expenses or an account under the 20070H0108R0716 - 8 -
1 control of the Speaker, the Majority Leader or the Minority 2 Leader. 3 No member, nonmember officer or employee may receive any per 4 diem or other reimbursement for allowable expenses, actual 5 expenses, mileage or any other similar expenditures unless, 6 within 90 days of the travel, service or allowable expenditure, 7 a written request, voucher or other documentation is submitted, 8 in compliance with all House rules, to the Speaker, Majority 9 Leader, Minority Leader or Chief Clerk. In the case of a 10 catastrophic occurrence which occurs within the 90-day period, a 11 member, nonmember officer or employee shall have 90 days after 12 the conclusion of the occurrence to submit a written request, 13 voucher or other documentation. 14 Members and employees traveling outside the Commonwealth of 15 Pennsylvania who receive any reimbursement for expenses or 16 travel which reimbursement is from public funds shall file with 17 the Chief Clerk a statement containing his or her name and the 18 name, place, date and the purpose of the function. 19 Money appropriated specifically to and allocated under a 20 specific symbol number for allowable expenses of members of the 21 House of Representatives shall be reimbursed to each member upon 22 submission of vouchers and any required documentation by each 23 member on forms prepared by the Chief Clerk of the House. No 24 reimbursement shall be made from this account where a member is 25 directly reimbursed for the same purpose from any other 26 appropriation account. 27 Such allowable expenses of members may be used for any 28 legislative purpose or function, including but not limited to 29 the following: 30 (1) Travel expense on legislative business. 20070H0108R0716 - 9 -
1 (a) Mileage on session or nonsession days at a rate as 2 may be approved from time to time by the Committee on Rules, 3 but not in excess of the maximum mileage rate authorized by 4 the Federal Government for travel; voucher only. 5 (b) Miscellaneous transportation on legislative business 6 (taxi, airport limousine parking, tolls), and expenses of a 7 similar nature; voucher only for any single expense not in 8 excess of $10. 9 (c) Travel on legislative business by common carrier 10 other than taxi and airport limousine; voucher and receipt 11 from common carrier. 12 (d) Car rental; voucher and receipt from rental agency 13 but reimbursement not to exceed in any month an amount as may 14 be approved from time to time by the Committee on Rules. Any 15 amount in excess of the said amount shall be paid by the 16 person renting the car. In no event shall other than American 17 manufactured cars be rented. 18 (e) Lodging, restaurant charges and other miscellaneous 19 and incidental expenses while away from home. Vouchers only 20 for per diem allowance approved from time to time by the 21 Committee on Rules, but not in excess of the applicable 22 maximum per diem rate authorized by the Federal Government or 23 for actual expenses not in excess of such per diem rate. 24 (2) Administrative, clerical and professional services for 25 legislative business, except for employment of spouses or any 26 relatives, by blood or marriage. 27 (a) Administrative and clerical services; voucher and 28 receipt from person employed. 29 (b) Professional services; voucher and receipt and copy 30 of agreement or contract of employment. 20070H0108R0716 - 10 -
1 (3) Rent for legislative office space; purchase of office 2 supplies; postage; telephone and answering services; printing 3 services and rental only of office equipment; voucher and 4 vendor's receipt, except for postage expense. No reimbursement 5 or expenditure shall be made out of any appropriation account 6 for any mass mailing including a bulk rate mailing made at the 7 direction or on behalf of any member which is mailed or 8 delivered to a postal facility within 60 days immediately 9 preceding any primary or election at which said member is a 10 candidate for public office. 11 Mass mailing shall mean a newsletter or similar mailing of 12 more than 50 pieces in which the content of the matter is 13 substantially identical. Nothing in this rule shall apply to any 14 mailing which is in direct response to inquiries or requests 15 from persons to whom matter is mailed, which is addressed to 16 colleagues in the General Assembly or other government officials 17 or which consists entirely of news releases to the 18 communications media. 19 (4) Official entertainment--restaurant and beverage charges; 20 voucher only for expenses. Receipts for entertainment expenses, 21 together with a statement of the reason for the expense, shall 22 be submitted with the request for reimbursement. 23 (5) Purchase of flags, plaques, publications, photographic 24 services, books, and other similar items in connection with 25 legislative activities; voucher and vendor's receipt. 26 (6) Communications and donations in extending 27 congratulations or sympathy of illness or death; voucher only on 28 expenses not in excess of $35. 29 No money appropriated for members' and employees' expenses 30 shall be used for contributions to political parties or their 20070H0108R0716 - 11 -
1 affiliated organizations or to charitable organizations or for 2 charitable advertisements. 3 A member shall not create, maintain or cause to be created or 4 maintained a legislative nonprofit organization. A "legislative 5 nonprofit organization" means a nonprofit corporation or other 6 entity whose primary purpose is to receive funds under the 7 General Appropriation Act or another appropriations act at the 8 discretion or by reason of the influence of a member for the use 9 at the direction or discretion of the member. 10 No money may be expended within 60 days before a primary 11 election or within 60 days before a general election in even- 12 numbered years for: 13 (i) purchase of or the reimbursement for the purchase of any 14 radio or television broadcast time for public service 15 announcements that depict the name, voice or image of a member; 16 or 17 (ii) payment for telemarketing activities on behalf of a 18 member. This prohibition shall not apply to limited surveys to 19 determine public opinion on various issues. 20 Members and employees shall not request reimbursement for the 21 private lease of vehicles leased on a long-term basis. No 22 payments will be made with respect to private, long-term lease 23 vehicle expenses incurred by members or employees except with 24 respect to private, long-term lease arrangements entered into by 25 a member prior to the effective date of this rule, payments for 26 which will be made in accord with the rules in place on the day 27 before the effective date of this rule. The Chief Clerk is 28 authorized to enter into a master lease agreement with the 29 Department of General Services for the long-term lease of 30 automobiles. 20070H0108R0716 - 12 -
1 All disbursements made, debts incurred or advancements paid 2 from any appropriation account made to the House or to a member 3 or nonmember officer under a General Appropriation Act or any 4 other appropriation act shall be recorded in a monthly report 5 and filed with the Chief Clerk by the person authorized to make 6 such disbursement, incur any debt or receive any advancement on 7 a form prescribed by the Chief Clerk. 8 The Chief Clerk shall prescribe the form of all such reports 9 and make such forms available to those persons required to file 10 such reports. Such report form shall include: 11 (1) As to personnel: 12 (a) The name, home address, job title, brief description 13 of duties and where they are performed, department or member 14 or members to whom assigned, the name of immediate supervisor 15 and minimum hours of employment per week of each employee. 16 (b) The appropriation account from which such employee 17 is compensated, the amount of compensation and whether such 18 person is on salary, per diem or contract. 19 (2) As to all other expenditures: 20 (a) To whom it was paid, the amount thereof, and the 21 nature of the goods, services or other purpose for which the 22 expenditure was made. 23 (b) The appropriation account from which the expenditure 24 was made and the name or names of the person or persons 25 requesting and/or authorizing the same. 26 A copy of each such report shall also be filed with the 27 Special Committee on Internal Affairs and House Administration 28 for use in the performance of its duties under Rule 47(a). 29 The reporting requirements as to personnel may be fulfilled 30 by the maintenance in the Office of the Chief Clerk of the House 20070H0108R0716 - 13 -
1 of an alphabetized file containing the current information for 2 each employee as set forth above. 3 All monthly reports filed on disbursements made or debts 4 incurred by any officer or member or employee from 5 appropriations made to the House or to a member or nonmember 6 officer under any General Appropriation Act, and the 7 documentation for each disbursement, shall be public information 8 and shall be available for public inspection during regular 9 business hours in the office of the Chief Clerk. The Chief Clerk 10 shall prescribe reasonable rules and regulations for inspection 11 of such reports but in no case shall inspection be denied to any 12 person for a period exceeding 48 hours (excluding Saturdays and 13 Sundays) from the time a written request has been submitted to 14 the Chief Clerk. Photocopies of such reports shall be made 15 available upon request to a member at no charge or to the public 16 for a duplication fee as may be fixed by the Chief Clerk. Such 17 reports shall be made available to a member or to the public on 18 or before the last day of the month next succeeding the month in 19 which the report was filed. 20 All vouchers and requisitions relating to all expenditures, 21 expenses, disbursements and other obligations out of all 22 appropriated funds of the House, and the documentation 23 evidencing payment of the vouchers and requisitions, shall be 24 available for public inspection during regular business hours in 25 the office of the Chief Clerk or at such other location within 26 the Capitol as the Chief Clerk shall prescribe. Nothing in this 27 rule shall require release of any information deemed 28 confidential, including, but not limited to, a telephone number, 29 a credit card number and a Social Security number. 30 All requests to review payroll and independent contractor 20070H0108R0716 - 14 -
1 records of the House or any other vouchers or requisitions for 2 funds appropriated to the House shall be made to the Chief 3 Clerk, in writing, at least three working days prior to the date 4 on which the review is requested. The request shall be signed by 5 the party who will be making the review and it shall indicate 6 the name of the organization or entity employing such 7 individual. The Chief Clerk shall establish a time during normal 8 business hours for the review to occur and he shall provide that 9 the review shall not interfere with the necessary functioning of 10 the Chief Clerk's office. 11 All requests for reimbursement out of any appropriation shall 12 be accompanied by a voucher, or other documents where required, 13 evidencing payment or approval. The voucher form shall be 14 approved and supplied by the Chief Clerk. Receipts or 15 documentation of every expenditure or disbursement which is in 16 excess of the maximum amount as set forth herein shall be 17 attached to the voucher. Where a request for payment is made in 18 advance of an expense actually incurred, the Chief Clerk, before 19 making such advance payment shall require a description 20 satisfactory to the Chief Clerk of the item or service to be 21 purchased or the expense to be incurred, and a receipt or other 22 documentation shall be given to the Chief Clerk after the item 23 or service has been purchased or expense incurred as evidence 24 that such advancement was in fact expended for such purpose. 25 All reports, vouchers and receipts from which reports are 26 prepared and filed shall be retained by the Chief Clerk, officer 27 or member, as the case may be, for such period of time as may be 28 necessary to enable the Legislative Audit Advisory Commission 29 created pursuant to the act of June 30, 1970 (P.L.442, No.151), 30 entitled "An act implementing the provisions of Article VIII, 20070H0108R0716 - 15 -
1 section 10 of the Constitution of Pennsylvania, by designating 2 the Commonwealth officers who shall be charged with the function 3 of auditing the financial transactions after the occurrence 4 thereof of the Legislative and Judicial branches of the 5 government of the Commonwealth, establishing a Legislative Audit 6 Advisory Commission, and imposing certain powers and duties on 7 such commission," to conduct, through certified public 8 accountants appointed by it, annual audits to assure that such 9 disbursements made or debts incurred were in accordance with 10 Legislative Audit Advisory Commission guidelines and standards 11 as approved by the Committee on Rules, or for a minimum of three 12 years, whichever is longer. All annual audit reports shall be 13 available for public inspection. Photocopies of such reports 14 shall be available for a fee established by the Chief Clerk not 15 to exceed the cost of duplication. 16 [All] Except as specifically prohibited by law or limited by 17 this rule, all expenditures of funds appropriated to the House 18 or to a member or nonmember officer shall be subject to the 19 expenditure guidelines established by the Rules Committee. The 20 Rules Committee shall establish standards regarding 21 documentation evidencing payment out of any appropriations 22 account made to the House or to a member or nonmember officer. 23 RULE 14 (a) 24 Employee Payroll Information 25 In accordance with the act of January 10, 1968 (1967 P.L.925, 26 No.417), referred to as the Legislative Officers and Employes 27 Law, the Chief Clerk shall compile, annually, on or prior to the 28 first day of February of each year, a complete list of employees 29 of the House of Representatives. The list shall include the full 30 name, job title, work address and name of immediate supervisor 20070H0108R0716 - 16 -
1 of every employee of the House of Representatives and shall 2 include such information for every person employed for any 3 period of time during the preceding 12 months. In addition to 4 the information required under the Legislative Officers and 5 Employes Law, the list shall include the payroll wage 6 information for those House employees paid during the preceding 7 calendar year. The list shall be available for public inspection 8 in the Office of the Chief Clerk during regular business hours. 9 RULE 14 (b) 10 Electronic Availability of Reports 11 In addition to the other methods of availability under Rule 12 14, all expense reports shall be provided electronically by the 13 Chief Clerk upon request. 14 RULE 15 15 Time of Meeting 16 The House shall convene on the first legislative day of the 17 week at 1:00 P.M. prevailing time, unless otherwise ordered by a 18 roll call vote of the majority of those elected to the House. 19 On other days the House shall convene at the discretion of 20 the House. No session of the House may begin before 8:00 A.M. 21 nor end after 11:00 P.M. unless exigent circumstances exist, as 22 determined by an affirmative vote of three-fourths of the 23 members elected to the House, by a roll call vote. 24 RULE 16 25 Quorum 26 A majority of the members shall constitute a quorum, but a 27 smaller number may adjourn from day to day and compel the 28 attendance of absent members. (Constitution, Article II, Section 29 10). 30 When less than a quorum vote on any question, the Speaker 20070H0108R0716 - 17 -
1 shall forthwith order the doors of the House closed and the 2 names of the members present shall be recorded. If it is 3 ascertained a quorum is present, either by answering to their 4 names or by their presence in the House, the Speaker shall again 5 order the yeas and nays. If any member present refuses to vote, 6 [his] refusal shall be deemed a contempt. Unless purged, the 7 House may order the Sergeant-at-Arms to remove the member or 8 members without the bar of the House. All privileges of 9 membership shall be refused the member or members so offending 10 until the contempt is purged. 11 RULE 17 12 Order of Business 13 The daily order of business shall be: 14 (1) Prayer by the Chaplain. 15 (2) Pledge of Allegiance. 16 (3) Correction and approval of the Journal. 17 (4) Leaves of absence. 18 (5) Master Roll Call. 19 (6) Reports of Committee. 20 (7) First consideration bills. 21 (8) Second consideration bills. 22 (9) Third consideration bills, final passage bills 23 (including both third consideration and final passage 24 postponed bills) and resolutions. 25 (10) Final passage bills recalled from the Governor. 26 (11) Messages from the Senate and communications from the 27 Governor. 28 (12) Reference to appropriate committees of bills, 29 resolutions, petitions, memorials, remonstrances and 30 other papers. 20070H0108R0716 - 18 -
1 (13) Unfinished business on the Speaker's table. 2 (14) Announcements. 3 (15) Adjournment. 4 Any question may, by a majority vote of the members elected, 5 be made a special order of business. When the time arrives for 6 its consideration, the Speaker shall lay the special order of 7 business before the House. 8 In lieu of offering House Resolutions on topics of importance 9 to members, any member, without unanimous consent, may address 10 the House on such issue and have his or her remarks entered into 11 the record during a special period of time established each week 12 by the Speaker at the conclusion of House business on a specific 13 day. 14 RULE 18 15 Introduction and Printing of Bills 16 Bills shall be introduced in quadruplicate, signed and dated 17 by each member who is a sponsor of the bill, and filed with the 18 Chief Clerk on any day that the offices of the House of 19 Representatives are open for business. A sponsor may be added or 20 withdrawn upon written notice to the Speaker, Majority Leader, 21 Minority Leader and the prime sponsor. In the case of 22 withdrawals, the names shall be withdrawn if and when the bill 23 is reprinted. Additional sponsors may be added only by the prime 24 sponsor by providing written notice to the Speaker, Majority 25 Leader and Minority Leader. 26 Bills introduced when received at the Chief Clerk's desk 27 shall be numbered consecutively and delivered to the Speaker, 28 who shall refer each bill to an appropriate committee on any day 29 whether or not the House is in session. If the resolution 30 creating a select committee authorizes the referral of bills to 20070H0108R0716 - 19 -
1 that committee, the Speaker[, in his discretion,] may refer 2 bills, within the scope of the resolution, to such select 3 committee. Insofar as applicable, the select committee shall 4 consider and report bills in accordance with the rules governing 5 the consideration and reporting of bills by standing committees. 6 The Speaker shall report to the House the committees to which 7 bills have been referred, either on the day introduced or 8 received or on the next two legislative days the House is in 9 session, unless the House is in recess for more than four 10 consecutive days in which case the Speaker shall provide a list 11 to the Majority Leader and the Minority Leader, within two 12 calendar days, of all bills which were referred during such 13 period when the House was not in session. 14 If the Speaker neglects or refuses to refer to committee any 15 bill or bills (whether House or Senate) as above after 16 introduction or presentation by the Senate for concurrence, any 17 member may move for the reference of the bill to an appropriate 18 committee. If the motion is carried, said bill or bills shall be 19 immediately surrendered by the Speaker to the committee 20 designated in said motion. 21 The first copy of each bill introduced shall be for the 22 committee, the second copy shall be for the printer, the third 23 copy shall be for the news media and the fourth copy shall be 24 for the Legislative Reference Bureau. 25 Every bill, after introduction and reference to committee, 26 shall be printed and shall also be posted on the Internet with 27 the hyperlink to the web page for the members of the House of 28 Representatives. 29 Bills may not be withdrawn after reference to committee. 30 RULE 19 20070H0108R0716 - 20 -
1 Bills Referred to Committees
2 No bill shall be considered unless referred to a committee,
3 printed for the use of the members and returned therefrom.
4 (Constitution, Article III, Section 2).
5 RULE 19 (a)
6 Fiscal Notes
7 (1) No bill, except a General Appropriation bill or any
8 amendments thereto, which may require an expenditure of
9 Commonwealth funds or funds of any political subdivision or
10 which may entail a loss of revenues overall, or to any
11 separately established fund shall be given [second] third
12 consideration reading on the calendar until it has first been
13 referred to the Appropriations Committee for a fiscal note,
14 provided however that the Rules Committee may by an affirmative
15 vote of three-quarters of the entire membership to which such
16 committee is entitled:
17 (a) Waive the recommittal to the Appropriations
18 Committee and provide that the fiscal note be attached to the
19 bill while on the active calendar. The providing of such note
20 shall be a priority item for the Appropriations Committee; or
21 (b) Waive the necessity of a fiscal note on any bill
22 which it deems to have a de minimis fiscal impact or which
23 merely authorizes, rather than mandates, an increase in
24 expenditures or an action that would result in a loss of
25 revenue.
26 (2) Nothing herein shall preclude any member from moving, at
27 the proper time, the recommittal of any bill to the
28 Appropriations Committee for a fiscal note.
29 (3) The Appropriations Committee shall be limited in its
30 consideration of any such bill to the fiscal aspects of the bill
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1 and shall not consider the substantive merits of the bill nor 2 refuse to report any such bill from committee for reasons other 3 than fiscal aspects. The fiscal note shall accompany the bill 4 and provide the following information in connection with the 5 Commonwealth and its political subdivisions: 6 (a) The designation of the fund out of which the 7 appropriation providing for expenditures under the bill shall 8 be made; 9 (b) The probable cost of the bill for the fiscal year of 10 its enactment; 11 (c) A projected cost estimate of the program for each of 12 the five succeeding fiscal years; 13 (d) The fiscal history of the program for which 14 expenditures are to be made; 15 (e) The probable loss of revenue from the bill for the 16 fiscal year of its enactment; 17 (f) A projected loss of revenue estimate from the bill 18 for each of the five succeeding fiscal years; 19 (g) The line item, if any, of the General [Appropriation 20 Bill] Fund, special fund or other account out of which 21 expenditures or losses of Commonwealth funds shall occur as a 22 result of the bill; 23 (h) The recommendation, if any, of the Appropriations 24 Committee and the reasons therefor relative to the passage or 25 defeat of the bill; and 26 (i) A reference to the source of the data from which the 27 foregoing fiscal information was obtained, and an explanation 28 of the basis upon which it is computed. 29 (4) No bill which may result in an increase in the 30 expenditure of Commonwealth funds shall be given [second] third 20070H0108R0716 - 22 -
1 consideration reading on the calendar until the Appropriations 2 Committee has certified that provision has been made to 3 appropriate funds equal to such increased expenditure. Whenever 4 the Appropriations Committee cannot so certify, the bill shall 5 be returned to the committee from which it was last reported for 6 further consideration and/or amendment. 7 (5) No amendment to a bill, concurrences in Senate 8 amendments, or adoption of a conference report which may result 9 in an increase in the expenditure of Commonwealth funds or those 10 of a political subdivision or which may entail a loss of 11 revenues in addition to that originally provided for in the bill 12 prior to the proposed changes nor any bill requiring a fiscal 13 note for which re-referral to the Appropriations Committee has 14 been waived by the Rules Committee shall be voted upon until a 15 fiscal note is available for distribution to the members with 16 respect to such changes or to such bill showing the fiscal 17 effect of the changes with respect to the bill, and containing 18 the information set forth by subsection (3) of this rule. 19 [(5.1) All requests for fiscal notes on amendments must be 20 submitted to the Appropriations Committee by 2:00 P.M. of the 21 last legislative day preceding the scheduled vote. The amendment 22 must accompany the request for a fiscal note. If the fiscal note 23 request cannot be submitted in accordance with this subsection 24 because the amendment is still being prepared by the Legislative 25 Reference Bureau, the member must, by the deadline set forth in 26 this subsection, provide the Appropriations Committee with a 27 statement prepared by the member which contains the factual 28 content of the amendment and which meets the requirements of 29 Rule 21. A fiscal note on an amendment shall not be issued 30 unless the printed amendment has been submitted by the member to 20070H0108R0716 - 23 -
1 the Appropriations Committee for its review.] 2 (6) When an amendment or certificate is timely filed with 3 the amendment clerk under Rule 21, the amendment or certificate 4 shall be forwarded to the Appropriations Committee. Upon receipt 5 of an amendment, the Appropriations Committee shall 6 automatically prepare a fiscal note. 7 [(6)] (7) In obtaining the information required by these 8 rules, the Appropriations Committee may utilize the services of 9 the Office of the Budget and any other State agency as may be 10 necessary. 11 [(7)] (8) Any bill proposing any change relative to the 12 retirement system of the Commonwealth or any political 13 subdivision thereof, funded in whole or in part out of the 14 public funds of the Commonwealth or any political subdivision, 15 shall have attached to it an actuarial note. Except for the 16 provisions pertaining to the content of fiscal notes as set 17 forth in paragraphs (a) through (i) of subsection (3), all the 18 provisions pertaining to and procedures required of bills 19 containing fiscal notes, shall, where applicable, also be 20 required for bills containing actuarial note. The actuarial note 21 shall contain a brief explanatory statement or note which shall 22 include a reliable estimate of the financial and actuarial 23 effect of the proposed change in any such retirement system. 24 RULE 19 (b) 25 General Appropriation Bill and Non-Preferred Bills 26 This rule shall apply to all amendments offered to the 27 General Appropriation Bill for each proposed fiscal year 28 including any amendments offered to or for supplemental 29 appropriations to prior fiscal years contained within the 30 General Appropriation Bill, and shall also apply to all 20070H0108R0716 - 24 -
1 amendments offered to any non-preferred appropriation bill for 2 the same fiscal year. 3 Any amendment offered on the floor of the House to the 4 General Appropriation Bill that proposes to increase spending of 5 State dollars for the Commonwealth's proposed fiscal year or 6 prior fiscal years above the levels contained in the General 7 Appropriation Bill as reported from the Appropriations Committee 8 plus any aggregate if certified each year by the Appropriations 9 Committee shall not be in order and may not be considered unless 10 the same amendment contains sufficient reductions in line items 11 of that General Appropriation Bill so that the amendment offered 12 does not result in a net increase in the total proposed spending 13 contained within the General Appropriation Bill plus any 14 aggregate if certified by the Appropriations Committee. 15 Any amendment offered on the floor of the House to any non- 16 preferred appropriation bill that proposes to increase spending 17 of State dollars for the current fiscal year above the levels 18 contained in that non-preferred appropriation bill as reported 19 from the Appropriations Committee shall not be in order and may 20 not be considered unless the same amendment contains sufficient 21 reductions in that non-preferred appropriation bill so that the 22 amendment offered does not result in a net increase in the total 23 proposed spending contained within that non-preferred 24 appropriation bill. 25 In order to be considered, amendments to the General 26 Appropriation Bill must be submitted to the Office of the Chief 27 Clerk by 2:00 P.M. of the Monday of the week prior to the 28 scheduled vote of the General Appropriation Bill. The 29 Appropriations Committee for special and proper reason and by 30 majority vote, may waive this deadline. Members shall be 20070H0108R0716 - 25 -
1 notified of the scheduled vote on the General Appropriation Bill 2 no later than 4:30 P.M. of the Wednesday preceding the above 3 noted Monday on which the amendments must be filed to the Bill. 4 Rule 21 of the Rules of the House, insofar as it applies to the 5 filing deadline for amendments and notice requirements for the 6 voting schedule for the General Appropriation Bill, shall not 7 apply to this rule. Rule 21 shall, however, apply to the non- 8 preferred appropriation bills. 9 If the amendment cannot be submitted in accordance with the 10 provision of the previous paragraph because it is still being 11 prepared by the Legislative Reference Bureau, the member must, 12 by 2:00 P.M. on the Monday of the week prior to the scheduled 13 vote, provide the Office of the Chief Clerk with a statement, 14 prepared by the member containing the factual content and exact 15 amounts of increases and decreases in line items which would be 16 proposed in the amendment, along with certification from the 17 Legislative Reference Bureau that the amendment was submitted to 18 the Legislative Reference Bureau prior to 2:00 P.M. on the 19 aforementioned Monday. This filing deadline does not apply to 20 amendments to any non-preferred appropriation bill. 21 Debate on any debatable question related to the General 22 Appropriation Bill or a nonpreferred appropriation bill shall be 23 limited to five minutes each time a member is recognized. On the 24 bill a sponsor of an amendment shall be entitled to be 25 recognized twice, a maker of a debatable motion shall be 26 entitled to be recognized twice, any other members shall be 27 entitled to be recognized once. 28 This rule may be temporarily suspended only by two-thirds 29 vote of the members elected to the House by a roll call vote. 30 RULE 20 20070H0108R0716 - 26 -
1 Bills Confined to One Subject 2 No bill shall be passed containing more than one subject, 3 which shall be clearly expressed in its title, except a general 4 appropriation bill or a bill codifying or compiling the law or a 5 part thereof. (Constitution, Article III, Section 3). 6 RULE 21 7 Consideration of Bills 8 (a) Every bill and every joint resolution shall be 9 considered on three different days. All amendments made thereto 10 shall be printed for the use of the members before the final 11 vote is taken thereon, and before the final vote is taken, upon 12 written request addressed to the presiding officer by at least 13 25% of the members elected to the House, any bill shall be read 14 at length. No bill shall become law and no joint resolution 15 adopted unless, on its final passage, the vote is taken by yeas 16 and nays, the names of the persons voting for and against it are 17 entered on the Journal, and a majority of the members elected to 18 the House is recorded thereon as voting in its favor. 19 (Constitution, Article III, Section 4). 20 (b) Members shall be notified of bills and resolutions 21 scheduled to be voted no later than prior to the close of 22 business at 4:30 P.M. of the second legislative day prior to the 23 [scheduled vote on final passage] date of second consideration 24 and prior to the date of third consideration for legislation 25 that has no legal deadline. (The General Appropriation Act and 26 non-preferred bills are included within the definition of 27 legislation that has no legal deadline.) [All] Except as 28 provided in subsection (d), all amendments shall be submitted to 29 the Office of the Chief Clerk by 2:00 P.M. of the last 30 legislative day preceding the scheduled [vote.] date of 20070H0108R0716 - 27 -
1 consideration. A change in the printer's number as a result of 2 third consideration shall not require an additional notice of 3 final passage. No vote on final passage can occur before the 4 date of the scheduled vote. 5 (c) If the amendment cannot be submitted in accordance with 6 the above paragraph because it is still being prepared by the 7 Legislative Reference Bureau, the member must provide the Office 8 of the Chief Clerk with a statement, by the above-noted 2:00 9 P.M. deadline, prepared by the member containing the factual 10 content of said amendment along with certification from the 11 Legislative Reference Bureau that the amendment was submitted to 12 the Legislative Reference Bureau for drafting prior to the 13 above-noted 2:00 P.M. deadline. 14 (d) In cases where an amendment alters a bill so as to 15 effectively rule out of order an amendment which was timely 16 filed pursuant to the provisions of this rule, a replacement 17 amendment may be submitted to the Office of the Chief Clerk 18 provided that the subject matter of the replacement amendment is 19 not substantially different from the intent of the original 20 amendment. The replacement amendment shall be deemed to have met 21 the timely filed conditions provided for in this rule. The 22 member shall notify the Speaker of the member's intent to file a 23 replacement amendment and shall file a certificate with the 24 Office of the Chief Clerk. The bill in question shall not 25 receive consideration until the replacement amendment is 26 available. 27 (e) Members shall be notified no later than [one hour] 24 28 hours prior to the consideration of all bills on concurrence[, 29 unless the concurrence is the General Appropriation Bill, in 30 which case at least 24 hours' notice shall be provided]. A brief 20070H0108R0716 - 28 -
1 description of every bill on concurrence shall be given prior to 2 a vote. Additionally, members shall be notified and conference 3 committee reports shall be available to members at least 24 4 hours prior to the adoption of all conference committee reports. 5 When these reports are considered on the first legislative day 6 of the week, said notice shall be provided no later than the 7 close of business on the last business day preceding the vote. 8 RULE 22 9 First Consideration Bills 10 Bills reported from committees shall be considered for the 11 first time when reported and shall then be automatically removed 12 from the calendar and laid on the table, except House bills 13 reported from committees after the first Monday in June until 14 the first Monday in September which shall then be automatically 15 recommitted to the Committee on Rules. The Rules Committee shall 16 not in any instance have the power to amend a bill which has 17 been reported by another committee. 18 After the first Monday in September, any bill which was 19 automatically recommitted to the Committee on Rules pursuant to 20 this Rule 22 shall automatically be re-reported to the floor of 21 the House and laid on the table. 22 [The Rules Committee shall not in any instance have the power 23 to amend a bill that has already gone through another 24 committee.] 25 Any bill which was automatically laid on the table pursuant 26 to this Rule 22 and has remained on the table for 15 legislative 27 days shall automatically be removed from the table and returned 28 to the calendar for second consideration the next legislative 29 day. 30 Any bill which was automatically laid on the table pursuant 20070H0108R0716 - 29 -
1 to this Rule 22 may be removed from the table by motion of the 2 Majority Leader, or [his] a designee, acting on a report of the 3 Committee on Rules. Such report shall be in writing and a copy 4 thereof distributed to each member. Any bill so removed from the 5 table shall be placed on the second consideration calendar on 6 the legislative day following such removal. Nothing herein shall 7 affect the right of any member to make a motion to remove a bill 8 from the table. 9 Amendments shall not be proposed, nor is any other motion in 10 order on first consideration. 11 Bills shall not be considered beyond first consideration 12 until the latest print thereof is on the desks of the members. 13 Any noncontroversial bill, which is defined as any bill, 14 other than an appropriations bill, approved by a committee with 15 no negative votes or abstentions, and with the approval of the 16 Majority Leader and the Minority Leader, shall be placed on an 17 uncontested calendar. Bills on the uncontested calendar shall be 18 voted upon by a single roll-call vote. Each bill listed on the 19 uncontested calendar will be printed separately in the journal 20 with the vote recorded on the approval of the uncontested 21 calendar as the vote on final passage of each bill contained 22 therein. 23 If any member should object to the placement of a bill on the 24 uncontested calendar, the bill shall be automatically removed 25 from the uncontested calendar and placed on the regular calendar 26 the next legislative day. 27 RULE 23 28 Second Consideration Bills 29 Bills on second consideration shall be considered in their 30 calendar order and shall be subject to amendment. 20070H0108R0716 - 30 -
1 No House bill on second consideration shall be considered 2 until called up by a member. 3 RULE 24 4 Third Consideration and Final Passage Bills 5 Bills on third consideration [and final passage] shall be 6 considered in their calendar order and shall be subject to 7 amendment. 8 [A bill on third consideration may be amended. 9 After a bill is agreed to on third consideration, prior to 10 voting, if the bill has not been caucused upon by both caucuses 11 or if the bill is not available on the Legislative Data 12 Processing floor system, the title or a brief analysis of the 13 bill shall be read. 14 The] A bill having received consideration by the House on 15 three different days and having been agreed to may be called by 16 the Speaker to receive action on final passage; however, a bill 17 amended on third consideration may not receive action on final 18 passage until at least 24 hours have elapsed from the time the 19 bill was amended. Upon being called to receive action on final 20 passage, the title and a brief description of a bill shall be 21 read. A bill on final passage shall not be subject to amendment, 22 but shall be subject to debate. At the conclusion of debate, the 23 Speaker shall then state the question as follows: 24 "This bill has been considered on three different days 25 and agreed to and is now on final passage.[" 26 "]The question is, shall the bill pass finally?[" 27 "]Agreeable to the provision of the Constitution, the 28 yeas and nays will now be taken." 29 When more than one bill shall be [considered] called for 30 action on final passage at the same time, prior to voting, [if 20070H0108R0716 - 31 -
1 the bill has not been caucused upon by both caucuses or if the
2 bill is not available on the Legislative Data Processing floor
3 system,] the title or a brief analysis of [the] each bill shall
4 be read.
5 The Speaker shall then state the question as follows:
6 "These bills have been considered on three different days
7 and agreed to and are now on final passage.["
8 "]The question is, shall the bills on the uncontested
9 calendar pass finally?["
10 "]Agreeable to the provision of the Constitution, the
11 yeas and nays will now be taken."
12 RULE 25
13 Defeated Bills
14 When a bill or resolution has been defeated by the House, it
15 shall not be reintroduced, or, except as provided in Rule 26, be
16 reconsidered, nor shall it be in order to consider a similar
17 one, or to act on a Senate bill or resolution of like import,
18 during the same session.
19 RULE 26
20 Reconsideration
21 A motion to reconsider the vote by which a bill, resolution
22 or other matter was passed or defeated shall be made in writing
23 by two members. The motion shall be in order only under the
24 order of business in which the vote proposed to be reconsidered
25 occurred and shall be decided on a roll-call vote by a majority
26 vote. No motion to reconsider shall be in order when the bill,
27 resolution or other matter is no longer in the possession of or
28 is not properly before the House.
29 A motion to reconsider any such vote must be made on the same
30 day on which the initial vote was taken or within the succeeding
20070H0108R0716 - 32 -
1 five days in which the House is in session, provided such bill, 2 resolution or other matter is still in the possession of or is 3 properly before the House. 4 When a motion to reconsider any such vote is made within the 5 aforesaid time limits and is decided by the affirmative vote 6 prescribed herein, the question immediately recurs on the bill, 7 resolution or other matter reconsidered. 8 Where a bill, resolution or other matter has been initially 9 defeated and a motion to reconsider is not timely made, then 10 such bill, resolution or other matter shall carry the status of 11 "defeated finally" and not properly before the House. Therefore, 12 it shall not be in order to entertain a motion to reconsider any 13 such vote. 14 Where a timely made motion to reconsider is lost, it shall 15 not be in order to again entertain a motion to reconsider any 16 such vote, even though such second motion to reconsider is 17 timely made. 18 Where a bill, resolution, or other matter has been initially 19 defeated, and a timely made motion to reconsider the vote is 20 lost, or if no motion to reconsider the vote was timely made, 21 then it shall not be in order for the House thereafter to 22 receive or consider a new bill, resolution or other matter 23 embracing therein a subject or purpose basically identical to or 24 of similar import to the subject matter or purpose of the bill, 25 resolution or matter initially defeated. 26 The vote on a bill or resolution recalled from the Governor 27 may be reconsidered at any time after the bill or resolution has 28 been returned to the House. 29 No bill, resolution or other matter may be reconsidered more 30 than twice on the same legislative day. 20070H0108R0716 - 33 -
1 RULE 27 2 Amendments 3 No bill shall be amended so as to change its original 4 purpose. (Constitution, Article III, Section 1). 5 No motion or proposition on a subject different from that 6 under consideration shall be admitted under color of amendment. 7 Any member may move to amend a bill or resolution, provided 8 the proposed amendment is germane to the subject. Questions 9 involving whether an amendment is germane to the subject shall 10 be decided by the House. 11 No amendment to an amendment shall be admitted nor 12 considered. 13 [If an amendment is not filed in a timely manner pursuant to 14 the provisions of House Rule 21, then the sponsor of the] The 15 sponsor of an amendment shall explain the amendment prior to 16 consideration by the House. 17 Before consideration, nine typewritten copies of a proposed 18 amendment signed by its sponsor shall be presented to the 19 Speaker, one copy of which shall be delivered to the news media 20 and a printed copy in typewritten form prepared by the 21 Legislative Reference Bureau shall be placed on the desk of each 22 member if the amendment is not available on the Legislative Data 23 Processing floor system. 24 Amendments adopted or defeated may not be considered again 25 without first reconsidering the vote. 26 RULE 28 27 Bills Amending Existing Law 28 Bills amending existing law shall indicate present language 29 to be omitted by placing it within brackets and new language to 30 be inserted by underscoring. (Constitution, Article III, Section 20070H0108R0716 - 34 -
1 6). 2 RULE 29 3 Form for Printing Amendments 4 In printing amendments to bills and resolutions, all new 5 matter added shall be in CAPITAL LETTERS, and matter to be 6 eliminated shall be indicated by strike-out type. 7 In reprinting House bills previously amended by the House and 8 in reprinting Senate bills previously amended by the Senate, but 9 not in Senate bills previously amended by the House, all matters 10 appearing in strike-out type shall be dropped from the new print 11 and all matter appearing in CAPITAL LETTERS shall be reset in 12 lower case Roman type. 13 RULE 30 14 Bills Amended by the Senate 15 When a bill or joint resolution has been amended by the 16 Senate and returned to the House for concurrence, it shall be 17 referred automatically to the Committee on Rules immediately 18 upon the reading of the message from the Senate by the Clerk. 19 The Committee on Rules [may] shall not have the power to amend 20 any bill or joint resolution containing Senate amendments[.], 21 except that the Committee on Rules, by a majority vote of the 22 members appointed to the committee, may revert to the printer's 23 number of the bill or joint resolution which last passed the 24 House. 25 When said bill or resolution has been favorably reported by 26 the Committee on Rules, either as committed or as [amended] last 27 passed the House, said bill or joint resolution shall be placed 28 on the calendar [and copies thereof shall be placed on the desks 29 of the members]. When acting on bills or joint resolutions 30 amended by the Senate, the bill and the amendments, if any shall 20070H0108R0716 - 35 -
1 be read and the question put on the concurrence in the 2 amendments. 3 Any two members may object to the report of any bill or joint 4 resolution included in a report of the Committee on Rules on the 5 basis that the adoption of an amendment to the bill or joint 6 resolution exceeded the limitation upon the power of the 7 Committee on Rules to amend bills and joint resolutions amended 8 by the Senate. The objection must be raised prior to the bill or 9 joint resolution being put to a roll call vote. The question 10 shall be decided by a majority vote of the members elected to 11 the House. If the House rejects the report of any such bill or 12 joint resolution, the bill or joint resolution shall be deemed 13 reported from the Committee on Rules as committed and shall be 14 placed on the calendar. 15 The House shall not consider any proposed amendment to any 16 amendment made by the Senate to a bill or joint resolution, nor 17 consider any amendment to any amendment made by the Committee on 18 Rules. 19 A majority vote of the members elected to the House taken by 20 yeas and nays shall be required to concur in amendments made by 21 the Senate, except for appropriations to charitable and 22 educational institutions not under the absolute control of the 23 Commonwealth, where a vote of two-thirds of all the members 24 elected to the House shall be required to concur. (Constitution, 25 Article III, Sections 5 and 30). 26 RULE 31 27 Bills Vetoed by the Governor 28 When the Governor has returned a bill to the House with [his] 29 objections, the veto message shall be read and the House shall 30 proceed to reconsider it. (Constitution, Article IV, Section 20070H0108R0716 - 36 -
1 15). 2 RULE 32 3 Hospital and Home Appropriations or 4 Acquiring Lands of the Commonwealth 5 No bills appropriating moneys to State-aided hospitals or 6 State-aided homes shall be introduced in the House, except such 7 as appropriate in single bills the total sum to be appropriated 8 to all of the institutions within the same class or group. 9 Requests for appropriations for particular State-aided hospitals 10 or State-aided homes shall be filed with the [Chairman] Chair of 11 the Committee on Appropriations on forms to be furnished by the 12 said Committee on Appropriations, and shall be signed by the 13 member requesting the appropriation. 14 No bill granting or conveying Commonwealth lands or taking 15 title thereto shall be reported by any committee to the House 16 unless there has been filed with the Chief Clerk and the 17 [chairman] chair of the reporting committee a memorandum from 18 the Department of General Services indicating the use to which 19 the property is presently employed, the full consideration for 20 the transfer, if any, a departmental appraisal of the property, 21 including its valuation and a list of recorded liens and 22 encumbrances, if any, the use to which the property will be 23 employed upon its transfer, the date by which the land is needed 24 for its new use, and the legislative district or districts in 25 which the land is located. The memorandum shall contain a 26 statement by a responsible person in the Department of General 27 Services indicating whether or not the administration favors the 28 transfer which is the subject of the bill under consideration. 29 RULE 33 30 Special Legislation 20070H0108R0716 - 37 -
1 No local or special bill shall be passed by the House unless 2 notice of the intention to apply therefor has been published in 3 the locality where the matter or the thing to be affected may be 4 situated, which notice shall be at least 30 days prior to the 5 introduction into the General Assembly of such bill and in the 6 manner provided by law; the evidence of such notice having been 7 published shall be exhibited in the General Assembly before the 8 act shall be passed. (Constitution, Article III, Section 7). 9 No local or special bill shall be considered in violation of 10 Article III, Section 32, of the Constitution. 11 RULE 34 12 Nonpreferred Appropriations 13 No bill shall be passed appropriating money to any charitable 14 or educational institution not under absolute control of the 15 Commonwealth, except by a vote of two-thirds of all members 16 elected. (Constitution, Article III, Section 17). 17 RULE 35 18 House and Concurrent Resolutions 19 Members introducing resolutions other than concurrent 20 resolutions shall file five copies thereof; seven copies of 21 concurrent resolutions shall be filed. All resolutions shall be 22 signed by their sponsors, dated and filed with the Chief Clerk. 23 After being numbered, one copy of all resolutions shall be given 24 to the news media and all other copies delivered to the Speaker. 25 A sponsor may not be added or withdrawn after a resolution has 26 been printed. Resolutions may not be withdrawn after reference 27 to a committee. 28 Unless privileged under Rule 36 for immediate consideration 29 or deemed noncontroversial by the Speaker in consultation with 30 the Majority Leader and the Minority Leader, the Speaker shall 20070H0108R0716 - 38 -
1 refer House resolutions (except discharge resolutions) and 2 Senate resolutions presented to the House for concurrence to 3 appropriate committees. 4 House resolutions deemed noncontroversial by the Speaker, 5 including, but not limited to, condolence and congratulatory 6 resolutions, shall be considered under the proper order of 7 business on the same day as introduced or within two legislative 8 days thereafter without being referred to committee. 9 The Speaker shall report to the House the committees to which 10 resolutions have been referred, either on the day introduced or 11 received or the next two legislative days the House is in 12 session. 13 A resolution introduced in the House and referred to 14 committee shall be printed and placed in the House files. 15 When a resolution (House or Senate) is reported from 16 committee, it shall be placed on the calendar and may be called 17 up by a member for consideration by the House under the order of 18 business of resolutions. A House resolution other than a 19 concurrent or joint resolution shall be adopted by a majority of 20 the members voting. 21 RULE 36 22 Privileged Resolutions 23 Resolutions privileged for the immediate consideration of the 24 House are those: 25 (1) Recalling from or returning bills to the Governor. 26 (2) Recalling from or returning bills to the Senate. 27 (3) Originated by the Committee on Rules. 28 (4) Providing for a Joint Session of the Senate and House 29 and its procedure. 30 (5) Placing bills negatived by committees on the calendar. 20070H0108R0716 - 39 -
1 (6) Adjournment or recess. 2 RULE 37 3 Legislative Citation 4 A member making a request that a Legislative Citation be 5 issued to a particular person or on a specified occasion shall 6 provide the Legislative Reference Bureau with the facts 7 necessary for the preparation of the citation on a suitable 8 form. 9 The citation request shall be filed with the Chief Clerk and 10 automatically referred to the Speaker who may approve and sign 11 such citation on behalf of the House of Representatives. 12 One original citation shall be issued by the Chief Clerk. 13 RULE 38 14 Sine Die and Final Introduction of Bills 15 Resolutions fixing the time for adjournment of the General 16 Assembly sine die and the last day for introduction of bills in 17 the House shall be referred to the Committee on Rules before 18 consideration by the House. 19 During the period of time between a general election and the 20 adjournment of the House of Representatives sine die, Rule 77 21 may not be invoked to suspend Rule 21 or any part of this rule. 22 RULE 39 23 Petitions, Remonstrances and Memorials 24 Petitions, remonstrances, memorials and other papers 25 presented by a member shall be signed, dated and filed with the 26 Chief Clerk to be [by him] handed to the Speaker for reference 27 to appropriate committees. 28 The Speaker shall report to the House the committees to which 29 petitions, remonstrances, memorials and other papers have been 30 referred, not later than the next day the House is in session 20070H0108R0716 - 40 -
1 following the day of filing. 2 RULE 40 3 Messages 4 Messages from the Senate and communications from the Governor 5 shall be received and read in the House within one legislative 6 day thereafter. 7 All House and Senate bills shall be delivered to the Senate 8 with appropriate messages no later than the close of the next 9 legislative day of the Senate which follows the fifth 10 legislative day after which the House acted on such bill. 11 All House bills returned by the Senate after final passage 12 therein without amendment, and all conference committee reports 13 on House bills received from the Senate and adopted by the 14 House, shall be signed by the Speaker within one legislative day 15 after receipt or adoption, respectively, and shall be delivered 16 to the Senate before the close of the next legislative day of 17 the Senate. 18 All House bills and all conference committee reports on House 19 bills signed by the Speaker shall be delivered to the Governor 20 within 24 hours after return from the Senate with the signature 21 of the appropriate Senate officer. 22 RULE 41 23 Kind and Rank of Committee 24 The Committees of the House shall be of four kinds and rank 25 in the order named: 26 (1) Committee of the Whole House. 27 (2) Standing Committees. 28 (3) Select Committees. 29 (4) Conference Committees. 30 RULE 42 20070H0108R0716 - 41 -
1 Committee of the Whole 2 The House may resolve itself into a Committee of the Whole at 3 any time on the motion of a member adopted by a majority vote of 4 the House. 5 In forming the Committee of the Whole, the Speaker shall 6 leave the chair, after appointing a [Chairman] Chair to preside. 7 The rules of the House shall be observed in the Committee of 8 the Whole as far as applicable, except that a member may speak 9 more than once on the same question. 10 A motion to adjourn, to lay on the table, or for the previous 11 question cannot be put in the Committee of the Whole; but a 12 motion to limit or close debate is permissible. 13 A motion that the Committee of the Whole "do now rise and 14 report back to the House," shall always be in order, and shall 15 be decided without debate. 16 Amendments made in the Committee of the Whole shall not be 17 read when the Speaker resumes the Chair, unless so ordered by 18 the House. 19 RULE 43 20 Standing Committees and Subcommittees 21 The Committee on Committees shall consist of the Speaker and 22 15 members of the House, ten of whom shall be members of the 23 majority party and five of whom shall be members of the minority 24 party, whose duty shall be to recommend to the House the names 25 of members who are to serve on the standing committees of the 26 House. Except for the Speaker, the Majority and Minority 27 Leaders, Whips, Caucus [Chairmen] Chairs, Caucus Secretaries, 28 Caucus Administrators, Policy [Chairmen] Chairs and the 29 [chairmen] chairs and minority [chairmen] chairs of standing 30 committees, each member shall be entitled to serve on not less 20070H0108R0716 - 42 -
1 than two standing committees. 2 The Speaker shall appoint the [chairman] chair and [vice- 3 chairman] vice-chair of each standing committee when such 4 standing committee has no standing subcommittees as prescribed 5 herein, except the Committee on Appropriations which shall also 6 have a [vice-chairman] vice-chair appointed by the Speaker; when 7 the standing committee has standing subcommittees, the Speaker 8 shall appoint a subcommittee [chairman] chair for each standing 9 subcommittee. The Speaker shall appoint a secretary for each 10 standing committee. The Minority Leader shall appoint the 11 minority [chairman] chair, minority [vice-chairman] vice-chair 12 and minority secretary of each standing committee and the 13 minority subcommittee [chairman] chair for each standing 14 subcommittee. 15 Except for members who decline [a chairmanship] chair status 16 or minority [chairmanship] chair status in writing or who are 17 barred from serving as a [chairman] chair or minority [chairman] 18 chair under this rule, the [chairmanship] chair and minority 19 [chairmanship] chair of each standing committee except the 20 Appropriations Committee shall be limited only to the members of 21 the applicable caucus with the most seniority as members of 22 their respective caucus. Whenever there are more caucus members 23 with equal seniority than available [chairmanships] chairs or 24 minority [chairmanships] chairs for that caucus, the selection 25 of a [chairman] chair or minority [chairman] chair from among 26 such caucus members shall be in the discretion of the appointing 27 authority. The appointing authority may designate the standing 28 committee to which [he] the appointing authority shall appoint a 29 member as [chairman] chair or minority [chairman] chair without 30 regard to seniority. The Speaker and the Floor Leader, Whip, 20070H0108R0716 - 43 -
1 Caucus [Chairman] Chair, Caucus Secretary, Caucus Administrator 2 and Policy [Chairman] Chair of the majority party and minority 3 party shall not be eligible to serve as [chairman] chair or 4 minority [chairman] chair of any standing committee and no 5 member may serve as [chairman] chair or minority [chairman] 6 chair of more than one standing committee. 7 Any [chairmanship] chair or minority [chairmanship] chair 8 held by a member who fails to meet the requirements of this rule 9 shall become vacant by automatic operation of this rule. If the 10 appointing authority fails to make an appointment of a 11 [chairman] chair or minority [chairman] chair prior to the 12 organizational meeting of a standing committee or fails to fill 13 a vacancy within seven calendar days after it occurs, such 14 position shall be deemed to remain vacant in violation of this 15 rule. Whenever a [chairmanship] chair or minority [chairmanship] 16 chair becomes vacant or remains vacant in violation of this 17 rule, the member of the applicable caucus who meets the 18 requirements of this rule shall automatically fill the vacancy 19 and, if there are two or more such eligible caucus members for 20 any such vacancy or vacancies, they shall be filled from among 21 such eligible members through a lottery to be conducted under 22 the supervision of the Chief Clerk after giving notice of the 23 time and place thereof to all eligible members, to the Speaker, 24 to the Majority Leader and to the Minority Leader. 25 Nothing in this rule shall prohibit the appointing authority 26 from transferring a member from the [chairmanship] chair or 27 minority [chairmanship] chair of a standing committee to the 28 [chairmanship] chair or minority [chairmanship] chair of another 29 standing committee. 30 Whenever the appointment of a [chairman] chair or minority 20070H0108R0716 - 44 -
1 [chairman] chair will cause the applicable caucus to exceed its 2 permissible allocation of members on a standing committee, the 3 appointing authority shall make a temporary transfer of an 4 eligible committee member to the standing committee vacated by 5 the member appointed as [chairman] chair or minority [chairman] 6 chair until a regular committee appointment can be made in 7 accordance with the rules of the House. If the Speaker or 8 Minority Leader fails to make a temporary transfer within seven 9 calendar days after such appointment, the committee member with 10 the least seniority, who is eligible for transfer, shall be 11 automatically transferred to the committee vacated by the newly 12 appointed [chairman] chair or minority [chairman] chair and, if 13 more than one committee member is eligible for such transfer, 14 the transfer shall be implemented through a lottery conducted 15 under the supervision of the Chief Clerk. 16 The Speaker of the House, Floor Leader of the majority party 17 and the Floor Leader of the minority party shall be ex-officio 18 members of all standing committees, without the right to vote 19 and they shall be excluded from any limitation as to the number 20 of members on the committees or in counting a quorum. 21 Twenty-four standing committees of the House, each to consist 22 of 29 members except the Committee on Appropriations, which 23 shall consist of 35 members, are hereby created. In addition, 24 there are hereby created 43 standing subcommittees. 25 All standing committees shall consist of 16 members of the 26 majority party and 13 members of the minority party, except the 27 Committee on Appropriations which shall consist of 21 members of 28 the majority party and 14 members of the minority party. The 29 quorum for each of the standing committees and subcommittees 30 shall be no less than the majority of said committees. The 20070H0108R0716 - 45 -
1 following are the standing committees and subcommittees thereof: 2 (1) Aging and Older Adult Services 3 (a) Subcommittee on Care and Services 4 (b) Subcommittee on Programs and Benefits 5 (2) Agriculture and Rural Affairs 6 (3) Appropriations 7 (a) Subcommittee on Health and Welfare 8 (b) Subcommittee on Education 9 (c) Subcommittee on Economic Impact and Infrastructure 10 (d) Subcommittee on Fiscal Policy 11 (4) Children and Youth 12 (5) Commerce 13 (a) Subcommittee on Financial Services and Banking 14 (b) Subcommittee on Housing 15 (c) Subcommittee on Economic Development 16 (6) Consumer Affairs 17 (a) Subcommittee on Public Utilities 18 (b) Subcommittee on Telecommunications 19 (7) Education 20 (a) Subcommittee on Basic Education 21 (b) Subcommittee on Higher Education 22 (c) Subcommittee on Special Education 23 (8) Environmental Resources and Energy 24 (a) Subcommittee on Energy 25 (b) Subcommittee on Mining 26 (c) Subcommittee on Parks and Forests 27 (9) Finance 28 (10) Game and Fisheries 29 [(10.1)] (11) Gaming Oversight 30 [(11)] (12) Health and Human Services 20070H0108R0716 - 46 -
1 (a) Subcommittee on Health 2 (b) Subcommittee on Human Services 3 (c) Subcommittee on Drugs and Alcohol 4 [(12)] (13) Insurance 5 [(13)] (14) Judiciary 6 (a) Subcommittee on Crime and Corrections 7 (b) Subcommittee on Courts 8 (c) Subcommittee on Family Law 9 [(14)] (15) Intergovernmental Affairs 10 (a) Subcommittee on Information Technology 11 (b) Subcommittee on Federal-State Relations 12 [(15)] (16) Labor Relations 13 [(16)] (17) Liquor Control 14 (a) Subcommittee on Licensing 15 (b) Subcommittee on Marketing 16 [(17)] (18) Local Government 17 (a) Subcommittee on Boroughs 18 (b) Subcommittee on Counties 19 (c) Subcommittee on Townships 20 [(18)] (19) Professional Licensure 21 [(19)] (20) State Government 22 [(20)] (21) Tourism and Recreational Development 23 (a) Subcommittee on Arts and Entertainment 24 (b) Subcommittee on Recreation 25 (c) Subcommittee on Travel Promotion 26 [(21)] (22) Transportation 27 (a) Subcommittee on Highways 28 (b) Subcommittee on Public Transportation 29 (c) Subcommittee on Transportation Safety 30 (d) Subcommittee on Aviation 20070H0108R0716 - 47 -
1 (e) Subcommittee on Railroads 2 [(22)] (23) Urban Affairs 3 (a) Subcommittee on Cities, Counties - First Class 4 (b) Subcommittee on Cities, Counties - Second Class 5 (c) Subcommittee on Cities, Third Class 6 [(23)] (24) Veterans Affairs and Emergency Preparedness 7 (a) Subcommittee on Military and Veterans Facilities 8 (b) Subcommittee on Security and Emergency Response 9 Readiness 10 RULE 44 11 Organization of Standing Committees 12 and Subcommittees 13 The membership of each standing committee shall first meet 14 upon the call of its [chairman] chair and perfect its 15 organization. A majority of the members to which each standing 16 committee is entitled shall constitute a quorum for it to 17 proceed to business. Each standing committee shall have the 18 power to promulgate rules not inconsistent with these rules 19 which may be necessary for the orderly conduct of its business. 20 Where a standing committee has standing subcommittees as 21 prescribed by Rule 43, the membership on such standing 22 subcommittees shall be appointed by the Committee on Committees 23 after consultation with each [chairman] chair of a standing 24 committee of which the standing subcommittee is a part. Each 25 standing subcommittee shall consist of the [chairman] chair of 26 its parent standing committee, as an ex-officio member, the 27 [chairman] chair of the standing subcommittee, and five other 28 members from the parent standing committee to be appointed by 29 the Committee on Committees, three from among the majority party 30 after consultation with the Majority Leader and two from among 20070H0108R0716 - 48 -
1 the minority party after consultation with the Minority Leader. 2 Where it is deemed advisable that the membership of any standing 3 subcommittee be of greater number than that prescribed herein, 4 the Committee on Committees may appoint additional members of 5 the standing committee from the majority or minority party to 6 serve on such standing subcommittee. The number of additional 7 members selected should be such as to maintain, as far as is 8 practicable, a ratio in majority and minority party membership 9 which affords a fair and reasonable representation to the 10 minority party on the standing subcommittee. 11 The [chairman] chair and the minority [chairman] chair of 12 each standing committee shall be ex-officio members of each 13 standing subcommittee which is part of the parent standing 14 committee, with the right to attend standing subcommittee 15 meetings and vote on any matter before such standing 16 subcommittee. 17 A majority of the members of each standing subcommittee shall 18 constitute a quorum for the proper conduct of its business. Each 19 standing subcommittee may promulgate such rules necessary for 20 the conduct of its business which are not inconsistent with the 21 rules of its parent standing committee or the Rules of the 22 House. 23 When the [chairman] chair of a standing committee has 24 referred a bill, resolution or other matter to a standing 25 subcommittee, the power and control over such bill, resolution 26 or other matter shall then reside in such subcommittee for a 27 reasonable period of time thereafter in order that such 28 subcommittee may consider the bill, resolution or other matter 29 and return the same to its standing committee with its 30 recommendations as to the action which ought to be taken on such 20070H0108R0716 - 49 -
1 bill, resolution or other matter. 2 Each standing subcommittee, within a reasonable time after it 3 has received a bill, resolution or other matter, shall meet as a 4 committee for the purpose of considering the same and returning 5 the bill, resolution or other matter back to its parent standing 6 committee with a subcommittee report as to what action it 7 recommends. The report of the subcommittee on a bill, resolution 8 or other matter being returned to the standing committee shall 9 contain one of the following recommendations: 10 (1) that the bill, resolution or other matter in its present 11 form be reported to the House, 12 (2) that the bill, resolution, or other matter not be 13 reported to the House, 14 (3) that the bill, resolution or other matter be reported to 15 the House, with recommendations for amendments, 16 (4) that the bill, resolution or other matter is returned 17 without recommendations. 18 When a standing committee receives reports from its 19 subcommittees, it shall consider the same and by majority vote 20 of the members of the standing committee either approve or 21 disapprove such report. If disapproved, the standing committee 22 may then determine by a majority vote of its members what 23 further action, if any, should be taken on such bill, resolution 24 or other matter. 25 Where no action has been taken by a standing subcommittee on 26 a bill, resolution or other matter referred to it, and the 27 [chairman] chair of the standing committee considers that such 28 subcommittee has had reasonable time to consider the bill, 29 resolution or other matter and return the same to its parent 30 standing committee, the subcommittee [chairman] chair shall then 20070H0108R0716 - 50 -
1 forthwith surrender and forward the same, together with all 2 documents or papers pertaining thereto, to the standing 3 committee. 4 In the event that a [chairman] chair of a standing committee 5 is absent, the following rules shall apply: 6 (1) If such standing committee has no subcommittee 7 prescribed by Rule 44, the [vice-chairman] vice-chair of the 8 standing committee shall act as [chairman] chair of the 9 committee meetings. 10 (2) If such standing committee has only one subcommittee, 11 the subcommittee [chairman] chair shall act as [chairman] chair 12 of the standing committee. 13 (3) If the standing committee has more than one 14 subcommittee, the subcommittee [chairman] chair with the longest 15 consecutive legislative service shall act as [chairman] chair of 16 the standing committee, except where the subcommittee [chairmen] 17 chairs have equal legislative service, in which case the Speaker 18 of the House shall designate one of the subcommittee [chairmen] 19 chairs to act as [chairman] chair of the standing committee. 20 In case of absence of a subcommittee [chairman] chair, the 21 [chairman] chair of the appropriate standing committee shall 22 designate one member from either the standing committee or 23 subcommittee to act as [chairman] chair of the subcommittee. 24 RULE 45 25 Powers and Duties of Standing Committees 26 and Subcommittees 27 The [chairman] chair of each standing committee and 28 subcommittee shall fix regular weekly, biweekly or monthly 29 meeting days for the transaction of business before the 30 committee or subcommittee. The [chairman] chair of the committee 20070H0108R0716 - 51 -
1 or subcommittee shall notify all members, at least 24 hours in 2 advance of the date, time and place of regular meetings, and, 3 insofar as possible, the subjects on the agenda. In addition to 4 regular meetings, special meetings may be called from time to 5 time by the [chairman] chair of the committee or subcommittee as 6 they deem necessary. No recess or combination of recesses shall 7 exceed 48 hours for any committee meeting or subcommittee 8 meeting. No committee shall meet during any session of the House 9 without first obtaining permission of the Speaker. During any 10 such meeting, no vote shall be taken on the Floor of the House 11 on any amendment, recommittal motion, final passage of any bill, 12 or any other matter requiring a roll call vote. Any committee 13 meeting called off the Floor of the House shall meet in a 14 committee room. In addition to the specific provisions of this 15 Rule 45, all provisions of 65 Pa.C.S. Ch. 7 (relating to open 16 meetings) relative to notice of meetings shall be complied with. 17 At regularly scheduled meetings, or upon the call of the 18 [chairman] chair, or subcommittee [chairman] chair, for special 19 meetings, the membership of such committees shall meet to 20 consider any bill, resolution, or other matter on the agenda. 21 The secretary of each standing committee, or in case of 22 subcommittees a secretary designated by the subcommittee 23 [chairman] chair, shall record: 24 (1) the minutes of the meeting, 25 (2) all votes taken, 26 (3) a roll or attendance of members at standing committee or 27 subcommittee meetings showing the names of those present, absent 28 or excused from attendance, and the majority and minority 29 [chairmen] chairs or their designees shall verify by their 30 signatures all votes taken and the roll or attendance of those 20070H0108R0716 - 52 -
1 members present, absent or excused before said records are 2 submitted to the Chief Clerk, and 3 (4) dispatch of bills and resolutions before the committee. 4 Such records shall be open to public inspection. On the first 5 legislative day of each week the House is in session, the 6 [chairman] chair of each standing committee shall submit to the 7 Chief Clerk for inclusion in the House Journal only, the roll or 8 record of attendance of members at standing committee or 9 subcommittee meetings held prior thereto and not yet reported, 10 along with the record of all votes taken at such meetings. All 11 reports from standing committees shall be prepared in writing by 12 the secretary of the committee. Members of a standing committee 13 may prepare in writing and file a minority report, setting forth 14 the reasons for their dissent. Such committee reports shall be 15 filed with the Chief Clerk within five days of the meeting. All 16 meetings at which formal action is taken by a standing committee 17 or subcommittee shall be open to the public, making such reports 18 as are required under Rule 44. When any member, except for an 19 excused absence, fails to attend five consecutive regular 20 meetings of his or her committee, the [chairman] chair of that 21 committee or subcommittee shall notify [him] the member of that 22 fact and, if the member in question fails to reasonably justify 23 [his] absences to the satisfaction of a majority of the 24 membership of the standing committee of which he or she is a 25 member, [his] membership on the committee or subcommittee shall 26 be deemed vacant and the [chairman] chair of the standing 27 committee shall notify the Speaker of the House to that effect. 28 Such vacancy shall then be filled in the manner prescribed by 29 these rules. 30 Whenever the [chairman] chair of any standing committee shall 20070H0108R0716 - 53 -
1 refuse to call a regular meeting, then a majority of the members 2 of the standing committee may vote to call a meeting by giving 3 two days written notice to the Speaker of the House, setting the 4 time and place for such meeting. Such notice shall be read in 5 the House and the same posted by the Chief Clerk in the House 6 Chamber. Thereafter, the meeting shall be held at the time and 7 place specified in the notice. In addition, all provisions of 65 8 Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of 9 meetings shall be complied with. 10 Records, bills and other papers in the possession of 11 committees and subcommittees, upon final adjournment of the 12 House shall be filed with the Chief Clerk. 13 No committee report, except a report of the Appropriations 14 Committee, shall be recognized by the House, unless the same has 15 been acted upon by a majority vote of the members of a standing 16 committee present at a committee session actually assembled and 17 meeting as a committee, provided such majority vote numbers at 18 least 15 members, and provided further a quorum is present. No 19 committee report of the Appropriations Committee shall be 20 recognized by the House, unless the same has been acted upon by 21 a majority vote of the members of such committee present at a 22 committee session actually assembled and meeting as a committee, 23 provided such majority vote numbers at least 18 members, and 24 provided further a quorum is present. 25 No proxy voting shall be permitted in committee, except as 26 provided for herein. If a member reports to a scheduled 27 committee meeting and advises the [chairman] chair and other 28 members of a conflicting committee meeting or other legislative 29 meeting which he or she must attend on the same day, the member 30 is authorized to give the [chairman] chair or minority 20070H0108R0716 - 54 -
1 [chairman] chair his or her proxy in writing which shall be 2 valid only for that day and which shall include written 3 instructions for the exercise of such proxy by the [chairman] 4 chair or minority [chairman] chair during the meeting. The 5 member should also advise the [chairman] chair where he or she 6 can be reached. In the event the conflicting committee meeting 7 or other legislative meeting is scheduled to convene at the same 8 time or prior to the meeting at which a member desires to vote 9 by proxy, such proxy shall be delivered by the member in person 10 to the offices of both the [chairman] chair and minority 11 [chairman] chair prior to, but on the same day as, the 12 conflicting meetings. 13 When the majority of the members of a standing committee 14 believe that a certain bill or resolution in the possession of 15 the standing committee should be considered and acted upon by 16 such committee, they may request the [chairman] chair to include 17 the same as part of the business of a committee meeting. Upon 18 failure of the [chairman] chair to comply with such request, the 19 membership may require that such bill be considered by written 20 motion made and approved by a majority vote of the entire 21 membership to which such committee is entitled. 22 Whenever the phrase "majority of members of a standing 23 committee or subcommittee" is used in these rules, it shall mean 24 majority of the entire membership to which a standing committee 25 or subcommittee is entitled, unless the context thereof 26 indicates a different intent. 27 To assist the House in appraising the administration of the 28 laws and in developing such amendments or related legislation as 29 it may deem necessary, each standing committee or subcommittee 30 of the House shall exercise continuous watchfulness of the 20070H0108R0716 - 55 -
1 execution by the administrative agencies concerned of any laws, 2 the subject matter of which is within the jurisdiction of such 3 committee or subcommittee; and, for that purpose, shall study 4 all pertinent reports and data submitted to the House by the 5 agencies in the executive branch of the Government. 6 The Committee on Appropriations shall not have the power to 7 amend a bill which has been reported by another committee with 8 the exception of amendments concerning appropriations. 9 The Committee on Appropriations shall have the power to issue 10 subpoenas under the hand and seal of its [chairman] chair 11 commanding any person to appear before it and answer questions 12 touching matters properly being inquired into by the committee, 13 which matters shall include data from any fund administered by 14 the Commonwealth, and to produce such books, papers, records, 15 documents and data and information produced and stored by any 16 electronic data processing system as the committee deems 17 necessary. Such subpoenas may be served upon any person and 18 shall have the force and effect of subpoenas issued out of the 19 courts of this Commonwealth. Any person who willfully neglects 20 or refuses to testify before the committee or to produce any 21 books, papers, records, documents or data and information 22 produced and stored by any electronic data processing system 23 shall be subject to the penalties provided by the laws of the 24 Commonwealth in such case. Each member of the committee shall 25 have power to administer oaths and affirmations to witnesses 26 appearing before the committee. The committee may also cause the 27 deposition of witnesses either residing within or without the 28 State to be taken in the manner prescribed by law for taking 29 depositions in civil actions. 30 RULE 46 20070H0108R0716 - 56 -
1 Committee on Rules 2 The Committee on Rules shall consist of the Speaker, the 3 Majority Leader, the Majority Whip, the Minority Leader, the 4 Minority Whip, the Majority Appropriations [Chairman] Chair, the 5 Minority Appropriations [Chairman] Chair, 12 members of the 6 majority party appointed by the Speaker, and ten members of the 7 minority party appointed by the Minority Leader. The Majority 8 Leader shall be [chairman] chair. 9 The committee shall make recommendations designed to improve 10 and expedite the business and procedure of the House and its 11 committees, and to propose to the House any amendments to the 12 Rules deemed necessary. The committee shall also do all things 13 necessary to fulfill any assignment or duty given to the 14 committee by any resolution, or other rule of the House of 15 Representatives. 16 The committee shall be privileged to report at any time. 17 The committee shall, until or unless superseded by law, adopt 18 guidelines for the expenditure of all funds appropriated to the 19 House or to any member or nonmember officer by any appropriation 20 act. 21 Such guidelines shall include a detailed statement of the 22 general and specific purposes for which the funds from that 23 appropriation account may be used, as well as uniform standards 24 of required documentation, accounting systems and record keeping 25 procedures. 26 Except as expressly provided in Rule 30 or this rule, the 27 committee shall not have the power to amend any bill or joint 28 resolution. 29 RULE 47 30 Ethics Committee 20070H0108R0716 - 57 -
1 As used in the context of this rule, the word "committee" 2 shall mean the Committee on Ethics of the House of 3 Representatives, and the phrase "majority of the committee" 4 shall mean a majority of the members to which the committee is 5 entitled. 6 The committee shall consist of eight members: four of whom 7 shall be members of the majority party appointed by the Speaker, 8 and four of whom shall be members of the minority party 9 appointed by the Minority Leader. The Speaker shall appoint from 10 the members a [chairman] chair, vice [chairman] chair and 11 secretary for the committee. The [chairman] chair shall be a 12 member of the majority party and the vice [chairman] chair shall 13 be a member of the minority party. 14 The [chairman] chair shall notify all members of the 15 committee at least 24 hours in advance of the date, time and 16 place of a regular meeting. Whenever the [chairman] chair shall 17 refuse to call a regular meeting, a majority of the committee 18 may vote to call a meeting by giving two days' written notice to 19 the Speaker of the House setting forth the time and place for 20 such meeting. Such notice shall be read in the House and posted 21 in the House Chamber by the Chief Clerk, or [his] a designee. 22 Thereafter, the meeting shall be held at the time and place 23 specified in such notice. 24 The committee shall conduct its investigations, hearings and 25 meetings relating to a specific investigation or a specific 26 member, officer or employee of the House in closed session and 27 the fact that such investigation is being conducted or to be 28 conducted or that hearings or such meetings are being held or 29 are to be held shall be confidential information unless the 30 person subject to investigation advises the committee in writing 20070H0108R0716 - 58 -
1 that he or she elects that such hearings shall be held publicly.
2 In the event of such an election, the committee shall furnish
3 such person a public hearing. All other meetings of the
4 committee shall be open to the public.
5 The committee shall receive complaints against members,
6 officers and employees of the House, and persons registered or
7 carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating
8 to lobbying disclosure), alleging illegal or unethical conduct.
9 Any such complaint must be in writing verified by the person
10 filing the complaint and must set forth in detail the conduct in
11 question and the section of the "Legislative Code of Ethics,"
12 the provision of 65 Pa.C.S Ch. 13A or the House rule violated.
13 The committee shall make a preliminary investigation of the
14 complaint, and if it is determined by a majority of the
15 committee that a violation of the rule or law may have occurred,
16 the person against whom the complaint has been brought shall be
17 notified in writing and given a copy of the complaint. Within 15
18 days after receipt of the complaint, such person may file a
19 written answer thereto with the committee. Upon receipt of the
20 answer, by vote of a majority of the committee, the committee
21 shall either dismiss the complaint within ten days or proceed
22 with a formal investigation, to include hearings, not less than
23 ten days nor more than 30 days after notice in writing to the
24 persons so charged. Failure of the person charged to file an
25 answer shall not be deemed to be an admission or create an
26 inference or presumption that the complaint is true, and such
27 failure to file an answer shall not prohibit a majority of the
28 committee from either proceeding with a formal investigation or
29 dismissing the complaint.
30 A majority of the committee may initiate a preliminary
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1 investigation of the suspected violation of a Legislative Code 2 of Ethics or House rule by a member, officer or employee of the 3 House or lobbyist. If it is determined by a majority of the 4 committee that a violation of a rule or law may have occurred, 5 the person in question shall be notified in writing of the 6 conduct in question and the section of the "Legislative Code of 7 Ethics," the provision of 65 Pa.C.S. Ch. 13A or the House rule 8 violated. Within 15 days, such person may file a written answer 9 thereto. Upon receipt of the answer, by vote of a majority of 10 the committee, the committee shall either dismiss the charges 11 within ten days or proceed with a formal investigation, to 12 include hearings, not less than ten days nor more than 30 days 13 after notice in writing to the person so charged. Failure of the 14 person charged to file an answer shall not be deemed to be an 15 admission or create an inference or presumption that the charge 16 is true, and such failure to file an answer shall not prohibit a 17 majority of the committee from either proceeding with a formal 18 investigation or dismissing the charge. 19 In the event that the committee shall elect to proceed with a 20 formal investigation of the conduct of any member, officer or 21 employee of the House, the committee shall employ independent 22 counsel who shall not be employed by the House for any other 23 purpose or in any other capacity during such investigation. 24 All constitutional rights of any person under investigation 25 shall be preserved, and such person shall be entitled to present 26 evidence, cross-examine witnesses, face his or her accuser, and 27 be represented by counsel. 28 The [chairman] chair may continue any hearing for reasonable 29 cause, and upon the vote of a majority of the committee or upon 30 the request of the person subject to investigation, the 20070H0108R0716 - 60 -
1 [chairman] chair shall issue subpoenas for the attendance and
2 testimony of witnesses and the production of documentary
3 evidence relating to any matter under formal investigation by
4 the committee. The committee may administer oaths or
5 affirmations and examine and receive evidence.
6 All testimony, documents, records, data, statements or
7 information received by the committee in the course of any
8 investigation shall be private and confidential except in the
9 case of public hearings or in a report to the House. No report
10 shall be made to the House unless a majority of the committee
11 has made a finding of unethical or illegal conduct on the part
12 of the person under investigation. No finding of unethical or
13 illegal conduct shall be valid unless signed by at least a
14 majority of the committee. Any such report may include a
15 minority report. No action shall be taken on any finding of
16 illegal or unethical conduct nor shall such finding or report
17 containing such finding be made public sooner than seven days
18 after a copy of the finding is sent by certified mail to the
19 member, officer or employee under investigation.
20 The committee may meet with a committee of the Senate to hold
21 investigations or hearings involving employees of the two houses
22 jointly or officers or employees of the Legislative Reference
23 Bureau, the Joint State Government Commission, the Local
24 Government Commission, the Legislative Budget and Finance
25 Committee and the Legislative Data Processing Committee;
26 provided, however, that no action may be taken at a joint
27 meeting unless it is approved by a majority of the committee.
28 In the event that a member of the committee shall be under
29 investigation, such member shall be temporarily replaced on the
30 committee in a like manner as said member's original
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1 appointment. 2 The committee, whether or not at the request of a member, 3 officer or employee concerned about an ethical problem relating 4 to [himself] the member, officer or employee alone or in 5 conjunction with others, may render advisory opinions with 6 regard to questions pertaining to legislative ethics or decorum. 7 Such advisory opinions, with such deletions and changes as shall 8 be necessary to protect the identity of the persons involved or 9 seeking them, may be published and shall be distributed to all 10 the members of the House. 11 Any member of the committee breaching the confidentiality of 12 materials and events as set forth in this rule shall be removed 13 immediately from the committee and replaced by another member of 14 the House in a like manner as said member's original 15 appointment. 16 The committee may adopt rules of procedure for the orderly 17 conduct of its affairs, investigations, hearings and meetings, 18 which rules are not inconsistent with this rule. 19 The committee shall continue to exist and have authority and 20 power to function after the sine die adjournment of the General 21 Assembly and shall so continue until the expiration of the then 22 current term of office of the members of the committee. 23 RULE 47 (a) 24 Status of Members Indicted or Convicted of a Crime 25 When an indictment is returned against a member of the House, 26 and the gravamen of the indictment is directly related to the 27 member's conduct as a committee chair or ranking minority 28 committee member or in a position of leadership or is one which 29 would render the member ineligible to the General Assembly under 30 section 7 of Article II of the Constitution of Pennsylvania, the 20070H0108R0716 - 62 -
1 member shall be relieved of committee chair status, ranking 2 minority committee member status or leadership position until 3 the indictment is disposed of, but the member shall otherwise 4 continue to function as a Representative, including voting, and 5 shall continue to be paid. 6 If, during the same legislative session, the indictment is 7 quashed, or the court finds that the member is not guilty of the 8 offense alleged, the member shall immediately be restored to 9 committee chair status, ranking minority committee member status 10 or the leadership position retroactively from which he or she 11 was suspended. 12 Upon a finding or verdict of guilt by a judge or jury, plea 13 or admission of guilt or plea of nolo contendere of a member of 14 the House of a crime, the gravamen of which relates to the 15 member's conduct as a Representative or which would render the 16 member ineligible to the General Assembly under section 7 of 17 Article II of the Constitution of Pennsylvania, and upon 18 imposition of sentence, the Parliamentarian of the House shall 19 prepare a resolution of expulsion under the sponsorship of the 20 Chair and Vice-Chair of the House Ethics Committee. The 21 resolution shall be printed and placed on the calendar for the 22 next day of House session. 23 RULE 47 (b) 24 Status of Officers or Employees Indicted or Convicted 25 of a Crime 26 Whenever any officer or employee of the House is indicted or 27 otherwise charged before a court of record with the commission 28 of a felony or a misdemeanor the gravamen of which relates to 29 the officer's or employee's conduct or status as an officer or 30 employee of the Commonwealth or the disposition of public funds, 20070H0108R0716 - 63 -
1 such employee shall immediately be suspended without pay and 2 benefits by the Chief Clerk. After a finding or a verdict of 3 guilt by a judge or a jury, plea or admission of guilt, or plea 4 of nolo contendere, and upon imposition of sentence, the 5 employment shall be terminated. 6 If the indictment is quashed, or the court finds that the 7 officer or employee is not guilty of the offense alleged, the 8 suspension without pay shall be terminated, and the officer or 9 employee shall receive compensation for the period of time 10 during which the officer or employee was suspended, which 11 compensation shall be reduced by the amount of any compensation 12 the officer or employee earned from other employment during the 13 period of suspension. 14 If the officer or employee or the supervising member of the 15 employee disagrees with the decision of the Chief Clerk as to 16 whether an indictment for particular conduct shall be a crime 17 requiring suspension or dismissal, the officer or employee in 18 question or the supervising member may appeal the suspension to 19 the House Ethics Committee, which shall determine whether the 20 conduct charged is an offense requiring suspension. Whenever an 21 appeal of a suspension shall be taken to the committee, the 22 suspension shall remain effective pending a decision by the 23 committee. 24 RULE 48 25 Conference Committee 26 All Committees of Conference shall be appointed by the 27 Speaker and shall be composed of three members, two of whom 28 shall be selected from the majority party and one from the 29 minority party. 30 The conferees shall confine themselves to the differences 20070H0108R0716 - 64 -
1 which exist between the House and Senate. 2 The presentation of reports of Committees of Conference shall 3 be in order after having been signed by a majority of members of 4 the committee of each House. 5 Consideration of a report of a Committee of Conference by the 6 House shall be in order when it has been printed, placed on the 7 desks of the members and listed on the calendar. 8 RULE 49 9 Committee Action 10 Whenever a bill, resolution or other matter has been referred 11 by the Speaker of the House to a standing committee, and such 12 committee has one or more standing subcommittees, the [chairman] 13 chair of the standing committee may either refer it to an 14 appropriate subcommittee or retain it for consideration by the 15 entire standing committee. If it is retained, such standing 16 committee shall have full power and control over such bill, 17 resolution or other matter, except that such committee shall not 18 change the subject nor any amendments adopted by the House. 19 Where the [chairman] chair of the standing committee refers such 20 bill, resolution, or matter to a subcommittee, such 21 subcommittee, except as hereinafter provided, shall have full 22 power over the same. 23 The recommendations by a committee that a bill or resolution 24 be reported negatively shall not affect its consideration by the 25 House. The words "negative recommendation" shall be printed 26 conspicuously on a line above the title of this bill. 27 All standing subcommittees shall be subject to the will of 28 the majority of their parent standing committee and shall not 29 promulgate any rules or take any action inconsistent with the 30 rules of their parent standing committee or the Rules of the 20070H0108R0716 - 65 -
1 House. 2 After a bill is reported out of committee, all committee 3 votes taken with respect to the bill shall be posted on the 4 Internet as soon as practicable. 5 RULE 50 6 Public Hearings 7 Each standing committee, subcommittee or select committee to 8 which a proposed bill, resolution or any matter is referred 9 shall have full power and authority to study said bill, 10 resolution or other matter before it, as such committee, shall 11 determine is necessary to enable it to report properly to the 12 House thereon. To this end, a standing committee, subcommittee, 13 or select committee, may as hereinafter provided, conduct public 14 hearings. No standing committee, subcommittee or select 15 committee shall hold any public hearings without prior approval 16 by a majority vote of the members of the standing committee and 17 the Speaker or the Majority Leader of the House. The Speaker or 18 the Majority Leader of the House shall withhold approval of 19 public hearings based only on budgetary consideration. 20 When a public hearing has been authorized as aforesaid, the 21 [chairman] chair of the standing committee, subcommittee 22 [chairman] chair, or select committee [chairman] chair as the 23 case may be, shall instruct the Chief Clerk to give written 24 notice thereof to each House Member not less than five calendar 25 days before the proposed hearings and post the same in or 26 immediately adjacent to the House Chambers. Such notice, which 27 shall contain the day, hour and place of the hearing and the 28 number or numbers of bills or other subject matter to be 29 considered at such hearing, shall also be given the supervisor 30 of the news room, and to the news media. In addition, all 20070H0108R0716 - 66 -
1 provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings), 2 relative to notice of meetings shall be complied with. 3 Public hearings held by a standing committee shall be chaired 4 by the [chairman] chair of such committee, unless absent, in 5 which case an acting [chairman] chair shall be selected in the 6 manner prescribed by these rules to serve [in his stead]. Public 7 hearings held by standing subcommittees shall be chaired by the 8 subcommittee [chairman] chair thereof, but the [chairman] chair 9 of the parent standing committee, as an ex-officio member of the 10 subcommittee, shall have the right to attend and participate in 11 the hearing proceedings. In the absence of the subcommittee 12 [chairman] chair, an acting [chairman] chair shall be appointed 13 in the manner prescribed by these rules. 14 All public hearings shall be open to the public and 15 reasonable opportunity to be heard shall be afforded to all 16 interested parties who have requested an appearance before the 17 committee. In addition, it shall be the responsibility of the 18 committee in conducting its hearing to request the presentation 19 of testimony by any person who, in the opinion of the committee, 20 is qualified to present pertinent and important testimony. 21 Such committee shall, so far as practicable, request all 22 witnesses appearing before it to file written statements of 23 their proposed testimony. The [chairman] chair shall have the 24 right to fix the order of appearance and the time to be allotted 25 to witnesses. Witnesses may submit brief pertinent statements in 26 writing for inclusion in the record. The committee is the sole 27 judge of the pertinency of testimony and evidence adduced at its 28 hearings. 29 The [chairman] chair, in presiding at such public hearings, 30 shall preserve order and decorum, in and adjacent to his 20070H0108R0716 - 67 -
1 committee room while the hearing is being conducted and [he] 2 shall have the authority to direct the removal from the 3 committee room of any person who fails to comply with order and 4 decorum of the committee. 5 Proceedings of all public hearings shall be either 6 stenographically or electronically recorded. The committee shall 7 determine which parts of such recorded proceedings, if any, 8 shall be transcribed and the distribution thereof. Except as 9 hereinafter provided, no more than four copies of any transcript 10 shall be made. Such stenographic or electronic records and at 11 least one copy of any transcription shall be preserved by the 12 Chief Clerk until [he is] authorized to dispose of same by an 13 affirmative vote of three-quarters of the entire membership of 14 the Rules Committee and shall be made available to any member 15 upon written request for the purpose of copying or transcription 16 at that member's expense. Any transcribed records and any 17 reports of the committee shall be filed with the Chief Clerk or 18 his designee and shall be made available to any person in 19 accordance with reasonable rules and regulations prescribed by 20 the Chief Clerk. Upon payment of a reasonable cost to be 21 determined by the Chief Clerk, a person may obtain a copy of 22 such transcribed records or reports. 23 All written testimony and all transcribed testimony at 24 committee hearings shall be posted on the Internet as soon 25 thereafter as practicable. 26 The Chief Clerk shall not make payment of any expenses 27 incurred as a result of a public hearing without the prior 28 written approval of the Speaker or the Majority Leader of the 29 House. 30 RULE 51 20070H0108R0716 - 68 -
1 Investigations 2 Any standing committee, subcommittee or select committee, 3 upon resolution introduced and approved by majority vote of the 4 House, may be authorized and empowered to conduct hearings at 5 any place in the Commonwealth to investigate any matter provided 6 for in such resolution. When authorized by such a resolution, 7 such committee shall be empowered to issue subpoenas under the 8 hand and seal of the [chairman] chair thereof commanding any 9 person to appear before it and answer questions touching matters 10 properly being inquired into by the committee and produce such 11 books, papers, records, accounts, reports, and documents as the 12 committee deems necessary. Such subpoenas may be served upon any 13 person and shall have the force and effect of subpoenas issued 14 out of the courts of this Commonwealth. Where any person 15 willfully neglects or refuses to comply with any subpoena issued 16 by the committee or refuses to testify before the committee on 17 any matter regarding which [he] the person may be lawfully 18 interrogated, it shall be the duty of the committee to report 19 such disobedience or refusal to the House of Representatives, 20 and such person shall be subject to the penalties provided by 21 the laws of the Commonwealth in such cases. All such subpoenaed 22 books, papers, records, accounts, reports, and documents shall 23 be returned to the person from whom such material was subpoenaed 24 when the committee has completed its examination of such 25 material, but in no event later than the date on which the 26 committee completes its investigation. Such material, or any 27 information derived therefrom not a part of public sessions of 28 the committee, shall not be turned over to any person or 29 authority without the consent of the person from whom such 30 material was subpoenaed. Each member of the committee shall have 20070H0108R0716 - 69 -
1 power to administer oaths and affirmations to witnesses 2 appearing before the committee. The Sergeant-at-Arms of the 3 Legislature or other person designated by the committee shall 4 serve any subpoenas issued by the committee, when directed to do 5 so by the committee. The subpoena shall be addressed to the 6 witness, state that such proceeding is before a committee of the 7 House at which the witness is required to attend and testify at 8 a time and place certain and be signed by the [chairman] chair 9 of the committee commanding attendance of such witness. Mileage 10 and witness fees shall be paid to such witness in an amount 11 prescribed by law. 12 The [chairman] chair of the investigative hearing shall call 13 the committee to order and announce in an opening statement the 14 subject or purposes of the investigation. 15 A copy of this rule shall be made available to the witnesses 16 at least three calendar days prior to his or her scheduled 17 testimony. Witnesses at investigative hearings, may be 18 accompanied by their own counsel for the purpose of advising 19 them concerning their constitutional rights. The [chairman] 20 chair, for breaches of order or decorum or of professional 21 ethics on the part of counsel, may exclude [him] counsel from 22 the hearing. Counsel may interpose legal objection to any and 23 all questions which in the opinion of counsel may violate the 24 civil or constitutional rights of his or her clients. 25 If the committee determines that evidence or testimony at an 26 investigative hearing may tend to defame, degrade or incriminate 27 any person, it shall: 28 (1) receive such evidence or testimony in executive session; 29 (2) afford such person an opportunity voluntarily to appear 30 as a witness; and 20070H0108R0716 - 70 -
1 (3) receive and dispose of requests from such person to
2 subpoena additional witnesses.
3 No evidence or testimony taken in executive session may be
4 released to any person or authority or used in public sessions
5 without the consent of the 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 four copies thereof shall be
10 distributed and additional copies made available as provided in
11 Rule 50. Such stenographic or electronic records shall be
12 preserved by the Chief Clerk until [he is] directed to dispose
13 of same by an affirmative vote of three-quarters of the entire
14 membership of the Rules Committee and shall be made available to
15 any member upon written request for the purpose of transcription
16 at that member's expense. Any transcribed records and any
17 reports of the committee shall be filed with the Chief Clerk or
18 [his] a designee and shall be made available to any person in
19 accordance with reasonable rules and regulations prescribed by
20 the Chief Clerk.
21 Upon payment of a reasonable cost to be determined by the
22 Chief Clerk, a person may obtain a copy of the transcript of any
23 testimony given at a public session or, if given at an executive
24 session when authorized by the committee. All standing
25 committees, subcommittees, special committees or commissions
26 which are authorized to hold public hearings and investigations
27 shall file a final report before being discharged of delegated
28 responsibilities.
29 RULE 52
30 Possession of Bills by Committee
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1 When a committee has ordered that a bill, resolution or other 2 matter be reported to the House, the member to whom it is 3 assigned shall make the report thereof to the House either on 4 the same day or at the next meeting of the House. 5 Failure of a member to comply with this rule shall be 6 reported to the House by the committee, provided the official 7 copy of the bill, resolution or other matter has not been 8 obtained. Upon a motion agreed to by the House, a duplicate 9 certified copy of a House bill, House resolution or other House 10 matter shall be furnished to the committee by the Chief Clerk. 11 A committee or subcommittee shall not consider a bill, 12 resolution or other matter which is not in its possession. 13 When a committee reports to the House that a House bill, 14 House resolution or other House matter referred to it is lost, 15 upon a motion agreed to by the House, a duplicate certified copy 16 thereof shall be furnished by the Chief Clerk. 17 If the Senate bill, Senate resolution or other Senate matter 18 received from the Senate is lost, upon a motion agreed to by the 19 House, a request shall be made to the Senate to furnish the 20 House with a duplicate certified copy thereof. 21 If a bill, resolution or other matter is lost before it has 22 been referred to a committee, the fact shall be reported to the 23 House and the procedure provided by this rule shall be followed. 24 RULE 53 25 Discharge of Committees 26 A member may present to the Chief Clerk a resolution in 27 writing to discharge a committee from the consideration of a 28 bill or resolution which has been referred to it 15 legislative 29 days prior thereto (but only one motion may be presented for 30 each bill or resolution). The discharge resolution shall be 20070H0108R0716 - 72 -
1 placed in the custody of the Chief Clerk, who shall arrange some 2 convenient place for the signature of the members. A signature 3 may be withdrawn by a member in writing at any time before the 4 discharge resolution is entered in the Journal. When 25 members 5 of the House shall have signed the resolution, it shall be 6 entered in the Journal and the title of the bill or resolution 7 and the name of the committee to be discharged shall be printed 8 on the calendar. 9 Any member who has signed a discharge resolution which has 10 been on the calendar at least one legislative day prior thereto 11 and seeks recognition, shall be recognized for the purpose of 12 calling up the discharge resolution and the House shall proceed 13 to its consideration without intervening motion except one 14 motion to adjourn; however, no discharge resolution shall be 15 considered during the last six legislative days of any session 16 of the House. A majority vote of all the members elected to the 17 House shall be required to agree to a resolution to discharge a 18 committee. When any perfected discharge resolution has been 19 acted upon by the House and defeated it shall not be in order to 20 entertain during the same session of the House any other 21 discharge resolution from that committee of said measure, or 22 from any other committee of any other bill or resolution 23 substantially the same, relating in substance to or dealing with 24 the same subject matter. 25 RULE 54 26 Presentation and Withdrawal of Motions 27 When a motion which is in order has been made, the Speaker 28 shall state it or (if it is in writing) cause it to be read by 29 the Clerk. It shall then be in the possession of the House, but 30 it may be withdrawn by the maker at any time before decision or 20070H0108R0716 - 73 -
1 amendment. 2 The Speaker shall put the question in the following form, 3 viz: "those in favor of the motion will say 'aye'." After the 4 affirmative is expressed, "those who are opposed will say 'no'." 5 All motions, except for the previous question and a motion 6 for reconsideration, may be made without a second. 7 No dilatory motion shall be entertained by the Speaker. 8 RULE 55 9 Privileged Motions 10 When a question is under debate or before the House, no 11 motion shall be received but the following, which shall take 12 precedence in the order named: 13 (1) To adjourn, or recess. 14 (2) A call of the House. 15 (3) To lay on the table. 16 (4) For the previous question. 17 (5) To postpone. 18 (6) To commit or recommit. 19 (7) To amend. 20 Debate on the motion to postpone shall be confined to the 21 question of the postponement and shall not include discussion of 22 the main question. 23 The motion to commit or recommit is open to debate only as to 24 the reasons for or against reference to committee and shall not 25 include a discussion of the merits of the main question. 26 Debate on the motion to amend shall be limited to the 27 amendment and shall not include the general merits of the main 28 question. 29 RULE 56 30 Adjourn 20070H0108R0716 - 74 -
1 A motion to adjourn or recess is [not] debatable, cannot be 2 amended and is always in order, except: 3 (1) when another member has the floor; or 4 (2) when the House is voting. 5 [When a motion to adjourn is made, it shall be in order for 6 the Speaker, before putting the question, to permit the Majority 7 and Minority Leaders and/or one member designated by each of 8 them to state to the House any fact relating to the condition of 9 the business of the House which would seem to render it 10 inadvisable to adjourn. These statements shall be limited to two 11 minutes and shall not be debatable.] 12 RULE 57 13 Call of the House 14 If a question of the absence of a quorum is raised by a 15 member, the Speaker shall order the Sergeant-at-Arms to close 16 the doors of the House. No member shall be permitted to leave 17 the House, except by permission of the House. The names of the 18 members present shall be recorded and absentees noted. Those for 19 whom no leave of absence has been granted or no sufficient 20 excuse is made may, by order of a majority of the members 21 present, be sent for and taken into custody by the Sergeant-at- 22 Arms and [his] assistants appointed for that purpose, and 23 brought before the bar of the House where, unless excused by a 24 majority of the members present, they shall be censured or 25 punished for neglect of duty as the House may direct. 26 Further proceedings under a call of the House may be 27 dispensed with at any time after the completion of the roll call 28 and the announcement of the result. 29 These proceedings shall be without debate, and no motion, 30 except to adjourn, shall be in order. 20070H0108R0716 - 75 -
1 RULE 58 2 Persons Admitted Under a Call of the House 3 Members who voluntarily appear during a call of the House 4 shall be admitted to the House. Upon recognition by the Speaker 5 they shall announce their presence and their names shall be 6 recorded on the roll. 7 Officers of the House, accredited correspondents and 8 employees designated by the Chief Clerk shall be admitted to the 9 House during a call. 10 Visitors shall not be admitted to the House after the doors 11 are closed and until the proceedings under the call are 12 terminated, but they shall be permitted to leave. 13 RULE 59 14 Lay on the Table 15 A motion to lay on the table is [not] debatable, is not 16 subject to amendment and carries with it the main question and 17 all other pending questions which adhere to it, except when an 18 appeal is laid on the table. The passage of a motion to lay an 19 amendment on the table shall cause the subject bill or 20 resolution and all other amendments to be laid on the table. 21 RULE 60 22 Motion to Take from the Table 23 A motion to take from the table a bill or other subject is in 24 order under the same order of business in which the matter was 25 laid on the table. It shall be decided without [debate or] 26 amendment and is debatable. 27 RULE 61 28 Previous Question 29 A motion for the previous question, seconded by 20 members 30 and sustained by a majority of the members present, shall put an 20070H0108R0716 - 76 -
1 end to all debate and bring the House to an immediate vote on 2 the question then pending, or the questions on which it has been 3 ordered. 4 A motion for the previous question may be made to embrace any 5 or all pending amendments or motions and to include the passage 6 or rejection of a bill or resolution. 7 RULE 62 8 Call for Yeas and Nays--Reasons for Vote 9 The yeas and nays of the members on any question shall, at 10 the desire of any two of them, be entered on the Journal. 11 (Constitution, Article II, Section 12). 12 When the Speaker or any member is not satisfied with a voice 13 vote on a pending question, the Speaker may order a roll call 14 vote; or, upon request of two members, before the result of the 15 vote is announced, [he] the Speaker shall order a roll call 16 vote. 17 A member may submit a written explanation of his or her vote 18 immediately following the announcement of the result of the vote 19 and have it printed in the Journal. 20 RULE 63 21 Division of a Question 22 Any member may call for a division of a question by the 23 House, if it comprehends propositions so distinct and separate 24 that one being taken away, the other will stand as a complete 25 proposition for the decision of the House. 26 A motion to strike out and insert is indivisible, but a 27 motion to strike out being lost shall neither preclude amendment 28 nor a motion to strike out and insert. 29 RULE 64 30 Members Required to be Present and Vote 20070H0108R0716 - 77 -
1 Every member shall be present within the Hall of the House 2 during its sittings, unless excused by the House or unavoidably 3 prevented, and shall vote for or against each question put, 4 unless he or she has a direct personal or pecuniary interest in 5 the determination of the question or unless [he is] excused [or 6 not present in accordance with an authorized leave of absence]. 7 No member shall be permitted to vote and have his or her vote 8 recorded on the roll unless [he is] present in the Hall of the 9 House during the roll call vote. 10 The Legislative Journal shall show the result of each roll 11 call by yeas and nays and those absent and those not voting. 12 RULE 64 (a) 13 Chronic Absenteeism 14 For purposes of this rule the term "chronic absenteeism" 15 shall mean the unexcused absence of a representative for a 16 period of five consecutive legislative days from official 17 sessions of the House of Representatives or the absence of a 18 committee member for a period of five consecutive days from 19 [their] an assigned committee [meetings which meetings qualify 20 as] meeting which meeting qualifies as a regular committee 21 [meetings] meeting under the rules of the House of 22 Representatives and the Sunshine Law of the Commonwealth. 23 Any representative who is absent without excuse from regular 24 House sessions for a period of five consecutive legislative days 25 or is absent for a period of five consecutive committee meetings 26 shall be deemed a chronic absentee and may, on a vote of the 27 full House, be held in contempt of this House upon motion of 28 five members of the House for chronic absence from regular House 29 sessions and by motion of three members of the standing 30 committee of the House to which such representative is assigned 20070H0108R0716 - 78 -
1 for chronic absence from regularly scheduled committee meetings. 2 The term "chronic absenteeism" shall not include: 3 (1) Absence due to the personal illness or bodily injury of 4 a representative. 5 (2) Absence due to personal illness or bodily injury of a 6 member of the immediate family of the representative. 7 (3) Death to a member of the immediate family of a 8 representative. 9 (4) Any excused absence approved by the House pursuant to 10 its rules. 11 RULE 65 12 Member Having Private Interest 13 (1) A member who has a personal or private interest in any 14 measure or bill proposed or pending before the House shall 15 disclose the fact to the House and shall not vote thereon. 16 (Constitution, Article III, Section 13). 17 (2) A member who, for remuneration, represents any 18 organization required to register under 65 Pa.C.S. Ch. 13A 19 (relating to lobbying disclosure) shall file a statement of that 20 fact with the Chief Clerk. 21 RULE 65 (a) 22 Professionals-Legislators 23 (1) Except as hereinafter provided, any member or employee 24 of the House or its agencies shall not be retained for 25 compensation to appear in his or her professional capacity to 26 represent the interest of any client in any proceeding before 27 any Commonwealth department, board, agency, bureau or 28 commission, except that such member or employee is authorized to 29 represent the interest of a client at any stage of a proceeding 30 before the Commonwealth or its agencies where such proceeding 20070H0108R0716 - 79 -
1 was initially taken or brought as a ministerial action, as 2 defined by this rule, and as originally taken was not initially 3 adverse in nature to the interest of the Commonwealth or its 4 agencies. 5 (2) The provisions of this rule shall not be applicable to 6 professionals-legislators: 7 (a) Representing clients on criminal matters before the 8 courts of the Commonwealth. 9 (b) Representing clients on civil matters before the 10 courts of the Commonwealth. 11 (c) Representing clients in all stages of a proceeding 12 before the Commonwealth or its agencies which was initially 13 commenced as a ministerial action. The term "ministerial 14 action" means and includes any proceeding or action before 15 the Commonwealth or its agencies where the proceeding, as 16 initially commenced involved solely: 17 (i) The uncontested or routine action by the 18 Commonwealth's administrative officers or employees in 19 issuing or renewing licenses, charters, certificates or 20 any other documents of a similar nature; or 21 (ii) The preparation, filing and review of tax 22 returns and supporting documents required by law; or 23 (iii) The preparation, filing and review of 24 engineering and architectural plans, drawings, 25 specifications and reports; or 26 (iv) Any other initially routine or uncontested 27 preparation, filing, review or other action not 28 enumerated above and considered and normally handled by 29 the Commonwealth or its agencies as a ministerial action. 30 (d) Representing clients in workmen's compensation 20070H0108R0716 - 80 -
1 proceedings before the bureau, its referees or the Workmen's 2 Compensation Appeals Board. 3 (3) This rule shall not apply to the other members of the 4 firm of such member and/or employee. 5 RULE 65 (b) 6 Financial Interests in Gaming Entities 7 (1) Except as hereinafter provided, no member, his or her 8 spouse, or any minor or unemancipated children shall hold or 9 acquire during his or her tenure in office any ownership or 10 other financial interest, including both equity and 11 indebtedness, in any entity required to be licensed under 4 12 Pa.C.S. Pt. II (relating to gaming), or in the subsidiaries or 13 affiliates, as defined in 4 Pa.C.S. § 1103 (relating to 14 definitions), of any such licensed entity. 15 (2) The provisions of this Rule shall not be applicable to 16 the following: 17 (a) an interest held through a defined benefit pension 18 plan; 19 (b) an interest held through a deferred compensation 20 plan organized and operated pursuant to section 457 of the 21 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 22 457); 23 (c) an interest held through a tuition account plan 24 organized and operated pursuant to section 529 of the 25 Internal Revenue Code; 26 (d) an interest held through a plan described in section 27 401(k) of the Internal Revenue Code; 28 (e) an interest held in an employer profit-sharing plan 29 qualified under the Internal Revenue Code; 30 (f) an interest held in a mutual fund where the interest 20070H0108R0716 - 81 -
1 owned by the individual fund in the licensed entity as 2 described herein does not amount to control of the entity as 3 defined by the Federal Investment Company Act of 1940 and 4 provided that such mutual fund is not a nondiversified fund 5 invested primarily in entities operating in, or connected 6 with, the gaming industry; 7 (g) an interest held in a blind trust over which the 8 holder may not exercise any managerial control or receive 9 income during the time period the member holds office; 10 (h) an interest held in a licensed entity otherwise 11 prohibited by this Rule if such interest was acquired prior 12 to January 7, 2003; 13 (i) an interest in indebtedness arising out of a 14 commercial transaction which takes place in the ordinary 15 course of business; 16 (j) an interest held in a subsidiary or affiliate of a 17 licensed entity if the identity thereof is not disclosed to 18 the Chief Clerk by the Pennsylvania Gaming Control Board. The 19 Chief Clerk, on a quarterly basis, shall request an updated 20 list from the Pennsylvania Gaming Control Board of all 21 subsidiaries and affiliates of licensed entities and shall 22 provide a copy of the list to all members of the House; 23 (k) an interest held by a spouse if an action seeking a 24 divorce and dissolution of marital status has been initiated 25 in any jurisdiction by either party to the marriage. 26 (3) Exceptions provided for in paragraph (2)(a) through (f) 27 above shall be inapplicable if the member, his or her spouse, or 28 any minor or unemancipated children have any discretion in 29 choosing individual investments within the portfolio in which 30 the interest is held. 20070H0108R0716 - 82 -
1 (4) Annually, on or before April 30th of each calendar year, 2 members shall file an affidavit with the Chief Clerk, on a form 3 provided by the Chief Clerk, either disclosing holdings 4 prohibited by this rule or affirming that he or she holds no 5 such interests. 6 (5) Any member, including a spouse and any minor or 7 unemancipated children, holding an ownership or other financial 8 interest prohibited by this Rule, shall have three months from 9 the date the entity is approved for a license under 4 Pa.C.S. 10 Pt. II to completely divest his or her interest and to file an 11 affidavit affirming the divestiture with the Chief Clerk. 12 (6) Members, including a spouse and any minor or 13 unemancipated children, elected to the House of Representatives 14 for the first time or upon returning after a hiatus in House 15 service subsequent to the adoption of this Rule shall have three 16 months from the date they are sworn into office to divest such 17 interests and file the affidavit referred to in paragraph (4). 18 RULE 66 19 Electric Roll Call 20 The names of the members shall be listed on the electric roll 21 call boards by party affiliation in alphabetical order, except 22 the name of the Speaker shall be last. 23 On any question requiring the "yeas" and "nays", the electric 24 roll call system shall be used. On all other questions to be 25 voted upon, the Speaker may[, in his discretion,] order the yeas 26 and nays taken by the electric roll call system or voice vote 27 or, upon demand of two members before the result of a vote has 28 been declared, the yeas and nays shall be taken by the electric 29 roll call system. 30 In the event the electric roll call system is not in 20070H0108R0716 - 83 -
1 operating order, the Speaker shall order all yea and nay votes 2 be taken by calling the roll, as provided in the Rules of the 3 House. 4 The vote of any member which has not been recorded because of 5 mechanical malfunction of the electric roll call system shall be 6 entered on the Journal, if said member was in the Hall of the 7 House at the time of the vote and did cast his or her vote at 8 the appropriate time, and the fact of such malfunction is 9 reported to the Speaker of the House prior to the announcement 10 of the result of the vote. 11 When the House is ready to vote upon any question requiring 12 the yeas and nays and the vote is to be taken by the electric 13 roll call system, the Speaker shall state: "The question 14 .............. (Designating the matter to be voted upon.)" The 15 Speaker shall then unlock the voting machine and announce, "The 16 members shall now proceed to vote." Once the voting has begun, 17 it shall not be interrupted, except for the purpose of 18 questioning the validity of a member's vote or, if the voting 19 switch of a member present in the Hall of the House is locked or 20 otherwise inoperative, a request that such switch be rendered 21 operative or such members vote be officially recorded, before 22 the result is announced. 23 When, in the judgment of the Speaker, reasonable time has 24 been allowed all members present in the House to vote (in no 25 event shall such time exceed ten minutes) [he] the Speaker shall 26 ask the question: "Have all members present voted?" After a 27 pause, the Speaker shall lock the machine and instruct the Clerk 28 to record the vote, and the Speaker shall announce the result of 29 the vote. 30 No member or other person shall be allowed at the Clerk's 20070H0108R0716 - 84 -
1 desk while the yeas and nays are being recorded, or the vote 2 counted. 3 After the voting machine is locked, no member may change 4 [his] a vote and the votes of tardy members will not be 5 recorded. 6 The vote as electrically recorded on the roll of members 7 shall not in any manner be altered or changed by any person. 8 Except as provided in [Rule 64] this rule, no member shall 9 vote for another member, nor shall any person not a member vote 10 for a member. 11 Any member or other person who willfully tampers with or 12 attempts to disarrange, deface, impair or destroy in any manner 13 whatsoever the electrical voting equipment used by the House, or 14 who instigates, aids or abets with the intent to destroy or 15 change the record of votes thereon shall be punished in such 16 manner as the House determines. 17 A member who has been appointed by the Speaker to preside as 18 Speaker pro tempore may designate either the Majority or 19 Minority Whip to cast his or her vote on any question while [he 20 is] presiding in accordance with [his] instructions from the 21 Chair. 22 The Chief Clerk shall post all votes by the electric roll 23 call system on the Internet no later than the close of business 24 on the day they are made. 25 A prime sponsor of a bill, the Minority Leader or Majority 26 Leader or a member designated to act on their behalf may request 27 that the roll call remain open for the maximum time allowed in 28 accordance with this rule. During such roll call, no vote shall 29 be recorded unless the member is at his or her regularly 30 assigned seat. 20070H0108R0716 - 85 -
1 RULE 67 2 Verification and Challenge 3 Upon completion of a roll call and before the result is 4 announced, if there appears to be need for verification, the 5 Speaker may direct the Clerk to verify it, or three members may 6 demand a verification. 7 Any member may challenge in writing the yea or nay or 8 electrically recorded vote of other members. The allegations 9 made shall be investigated by a committee composed of the 10 Speaker, a majority member and a minority member appointed by 11 the Speaker, who shall submit a report to the House not later 12 than its next session. The House shall then decide whether the 13 challenged vote shall be recorded or not. 14 If the challenged vote would change the result, the 15 announcement of the vote shall be postponed until the House 16 decides the case. 17 RULE 68 18 Changing Vote 19 No member may change [his] a vote, or have [his] a vote 20 recorded after the result of a roll call vote has been 21 announced, nor after an affirmative or negative roll has been 22 declared verified. 23 RULE 69 24 Journal 25 The Chief Clerk shall keep a Journal of the proceedings of 26 the House, which shall be printed and shall be made available to 27 the members. 28 The Journal of the proceedings of the last day's session 29 shall not be read unless so ordered by a majority vote of the 30 House. 20070H0108R0716 - 86 -
1 RULE 70 2 History of House Bills 3 and House Resolutions 4 A weekly History, showing the title and action on House bills 5 and the text and action on non-privileged resolutions, shall be 6 compiled and indexed under the direction of the Chief Clerk and 7 shall be printed and placed on each member's desk. 8 The House History shall include a cumulative index of laws 9 enacted during the session and the text of vetoes by the 10 Governor. 11 RULE 71 12 House Calendar 13 Bills and non-privileged resolutions reported from committees 14 to the House with an affirmative recommendation shall be listed 15 on the calendar in such manner as prescribed by the Rules 16 Committee and any other rule of the House. House bills and House 17 resolutions shall precede Senate bills and Senate resolutions. 18 Bills and non-privileged resolutions shall be listed on the 19 House Calendar for no more than 15 consecutive legislative days. 20 At the end of the 15th consecutive legislative day the said bill 21 or non-privileged resolution shall be automatically recommitted 22 to the committee from which it was reported to the floor of the 23 House. 24 Any bill or non-privileged resolution on the calendar which 25 cannot, by its status, be recommitted shall be removed from the 26 calendar and laid on the table, unless the House shall otherwise 27 direct. 28 A marked calendar compiled by the Majority Leader shall be 29 provided to all members on each legislative day on which votes 30 are scheduled on the calendar. 20070H0108R0716 - 87 -
1 RULE 72 2 Journal, Transcribing and 3 Documents Rooms 4 No person, except members and employees of the House having 5 official business, shall be permitted in the Transcribing, the 6 Legislative Journal, and the Bills and Documents Rooms of the 7 House without the consent of the Chief Clerk. 8 RULE 73 9 Correspondents 10 Admission to and administration of the Press Galleries of the 11 Senate and House of Representatives shall be vested in a 12 Committee on Correspondents consisting of the President pro 13 tempore of the Senate, or [his] a designee; the Speaker of the 14 House of Representatives, or [his] a designee; the Supervisor of 15 the Capitol Newsroom; the President of the Pennsylvania 16 Legislative Correspondents' Association, or [his] a designee and 17 the Executive Director of the Pennsylvania Association of 18 Broadcasters, or [his] a designee. 19 Persons desiring admission to the press sections of the 20 Senate and House of Representatives shall make application to 21 the [Chairman] Chair of the Committee on Correspondents. Such 22 application shall state the newspaper, press association or 23 licensed radio or television station, its location, times of 24 publication or hours of broadcasting, and be signed by the 25 applicant. 26 The Committee on Correspondents shall verify the statements 27 made in such application, and, if the application is approved by 28 the committee, shall issue a correspondent's card signed by the 29 members of the committee. 30 The gallery assigned to newspaper correspondents or 20070H0108R0716 - 88 -
1 recognized press association correspondents or representatives 2 of licensed radio and television stations, systems or 3 newsgathering agencies shall be for their exclusive use and 4 persons not holding correspondents cards shall not be entitled 5 to admission thereto. Employees of the General Assembly, 6 representatives and employees of state departments, boards, 7 commissions and agencies, visitors and members of the families 8 of correspondents entitled to admission to the press gallery 9 shall, at no time, be permitted to occupy the seats or be 10 entitled to the privileges of the press gallery. 11 Accredited representatives of newspapers, wire, newsreel 12 services and licensed radio or television stations, systems or 13 newsgathering agencies, may be authorized by the Speaker of the 14 House to take photographs, make audio or video recordings or 15 tapes, and to broadcast or televise in the House of 16 Representatives. Applications to take photographs, make audio or 17 video recordings or tapes, or to broadcast or televise at public 18 hearings of committees shall be approved by the committee 19 [chairman] chair or [co-chairmen] co-chairs conducting such 20 hearing. However, the committee [chairman] chair conducting the 21 hearing may make such orders to such representatives as may be 22 necessary to preserve order and decorum. 23 No photographs shall be taken nor any recordings or tapes 24 made, nor any broadcasting or televising done in the House of 25 Representatives during sessions, being at ease or recessed, 26 without prior notice to the Representatives. When possible, such 27 notice shall be given at the beginning of the session, at ease 28 or recess, during which the photographs, recordings or taping, 29 broadcasting or televising are scheduled to be taken or made. 30 No more than one representative of each newspaper, press 20070H0108R0716 - 89 -
1 association or licensed radio or television station, system or 2 newsgathering agency shall be admitted to the press gallery at 3 one time. Members of the Pennsylvania Legislative 4 Correspondents' Association and representatives of licensed 5 radio and television stations, systems or newsgathering 6 agencies, assigned to the House of Representatives on a daily 7 basis shall have permanent assigned seating in the press gallery 8 with identification plates. Visiting representatives of daily 9 newspapers, press associations, Sunday newspapers as well as 10 radio and television stations, systems or newsgathering agencies 11 shall coordinate seating accommodations with the supervisor of 12 the Capitol Newsroom. 13 Persons assigned to the press gallery on a permanent or 14 temporary basis, shall at all times, refrain from loud talking 15 or causing any disturbance which tends to interrupt the 16 proceedings of the House of Representatives. 17 Persons assigned to the press gallery on a permanent or 18 temporary basis shall not walk onto the floor of the House of 19 Representatives nor approach the rostrum or the clerks' desks 20 during session or while being at ease. 21 Persons assigned to the press gallery on a permanent or 22 temporary basis wishing to confer with a Representative shall 23 disclose this fact by having a message delivered by a page to 24 the Representative. Such conversation shall be conducted off the 25 floor of the House of Representatives. 26 Representatives of the Pennsylvania Public Broadcasting 27 System may, subject to regulations of the Speaker, televise or 28 make video tapes of proceedings of sessions of the House of 29 Representatives and meetings of all committees of the House of 30 Representatives. 20070H0108R0716 - 90 -
1 RULE 74 2 Visitors 3 Visitors shall be admitted to the Hall of the House only when 4 sponsored by a member. The Chief Clerk shall issue an 5 appropriate pass to any visitor so sponsored. 6 Persons admitted to the Hall of the House other than members 7 and attaches, shall not be permitted to stand while the House is 8 in session but shall be seated in chairs provided for them. At 9 no time shall visitors be permitted on the Floor of the House 10 while the House is in session unless so permitted by the 11 Speaker. 12 RULE 75 13 Lobbyists 14 No registered lobbyist shall be admitted to the Hall of the 15 House. 16 RULE 76 17 Soliciting Prohibited 18 No officer or employee of the House shall solicit any member, 19 other officer or employee of the House for any purpose. 20 RULE 77 21 Suspending and Changing Rules 22 [Any] Unless otherwise specified in another rule, any rule of 23 the House, which is not required by the Constitution, may be 24 temporarily suspended at any time for a specific purpose only by 25 a vote of two-thirds of the members elected to the House by a 26 roll call vote. 27 A motion to suspend the rules may not be laid on the table, 28 postponed, committed or amended[.] and may be debated by the 29 majority leader, the minority leader, the maker of the motion, 30 the maker of the amendment under consideration and the prime 20070H0108R0716 - 91 -
1 sponsor of the bill under consideration. 2 A brief description of the underlying bill or amendment shall 3 be given whenever a member moves to suspend the rules of the 4 House in order to consider such bill or amendment. 5 The existing rules of the House shall not be changed, added 6 to, modified or deleted except by written resolution and the 7 same approved by a majority vote of the members elected to the 8 House by a roll call vote. 9 Except where such resolution originates with the Committee on 10 Rules, no resolution proposing any change, addition, 11 modification or deletion to existing House rules shall be 12 considered until such resolution has been referred to the 13 Committee on Rules, reported therefrom, printed, filed on the 14 desk of each member and placed on the calendar. 15 Any proposed change, addition, modification or deletion 16 offered by a member on the floor of the House to such resolution 17 shall be considered, in effect, a change, addition, modification 18 or deletion to existing House rules and shall require for 19 approval a majority vote of the members by a roll call vote. 20 RULE 78 21 Parliamentary Authority 22 [Jefferson's] Mason's Manual supplemented by [Mason's] 23 Jefferson's Manual of Legislative Procedure shall be the 24 parliamentary authority of the House, if applicable and not 25 inconsistent with the Constitution of Pennsylvania, the laws of 26 Pennsylvania applicable to the General Assembly, the Rules of 27 the House, the established precedents of the House and the 28 established customs and usages of the House. C7L80VDL/20070H0108R0716 - 92 -