PRINTER'S NO. 4
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
4
Session of
2021
INTRODUCED BY MUTH, JANUARY 5, 2021
REFERRED TO RULES AND EXECUTIVE NOMINATIONS, JANUARY 5, 2021
A RESOLUTION
Adopting the Rules of the Senate for the 205th and 206th Regular
Session.
RESOLVED, That the following be adopted as the Rules of the
Senate for the governing of the 205th and 206th Regular Session.
2021-2022
RULES OF THE SENATE OF PENNSYLVANIA
Rule 1. Sessions.
(a) Regular and special.--The General Assembly shall be a
continuing body during the term for which its Representatives
are elected. It shall meet at twelve o'clock noon on the first
Tuesday of January each year. Special sessions shall be called
by the Governor on petition of a majority of the Members elected
to each House or may be called by the Governor whenever in his
opinion the public interest requires.
(b) Weekly.--The Senate shall convene its weekly sessions on
Monday, unless the Senate shall otherwise direct.
Rule 2. President.
The Lieutenant Governor shall be President of the Senate.
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Rule 3. Duties of the President.
The President shall:
(1) Take the chair on every legislative day at the hour
to which the Senate stands recessed, immediately call the
Senators to order, and proceed with the Order of Business of
the Senate.
(2) While in session have general direction of the
Senate Chamber. It shall be the President's duty to preserve
order and decorum, including ensuring all members and staff
with privilege of the floor are properly attired pursuant to
Senate Rule 10, and, in case of disturbance or disorderly
conduct in the Chamber or galleries, may cause the same to be
cleared. When in the President's opinion there arises a case
of extreme disturbance or emergency the President shall, with
the concurrence of the President Pro Tempore, the Majority
Leader and the Minority Leader, recess the Senate. Such
recess shall not extend beyond the limitation imposed by
Article II, section 14 of the Constitution.
(3) During debate, prevent personal references or
questions as to motive, and confine Senators, in debate, to
the question.
(4) Decide, when two or more Senators arise, who shall
be first to speak.
(5) In the presence of the Senate, within one
legislative day after receipt or adoption, sign all bills and
joint resolutions which have passed both Houses after their
titles have been read.
(6) Sign resolutions, orders, writs, warrants and
subpoenas issued by order of the Senate. The signature shall
be attested by the Secretary-Parliamentarian of the Senate,
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or, if absent, by the Chief Clerk of the Senate; and the fact
of signing shall be entered in the Journal on the next
available session day.
(7) Decide all points of order, subject to appeal,
giving, however, any Member called to order the right to
extenuate or justify. Debate shall not be permitted unless
there be an appeal from a decision of the President in which
event the President shall submit the question to the whole
Senate for decision. The President shall submit points of
order involving the constitutionality of any matter to the
Senate for decision. Questions of order submitted to the
Senate may be debated.
Rule 4. President Pro Tempore.
(a) Election.--The Senate shall, at the beginning and close
of each regular session and at such other times as may be
necessary, elect one of its Members President Pro Tempore, who
shall perform the duties of the Lieutenant Governor in any case
of absence or disability of that officer, and whenever the
office of Lieutenant Governor shall be vacant.
(b) Voting.--The vote of a majority of the Members voting
shall be required to elect a President Pro Tempore. Except at
the beginning and close of each regular session, the Senate
shall only elect a President Pro Tempore when the office has
become vacant and the vote of the majority of the Members
elected shall be required to vacate the office of a seated
President Pro Tempore.
Rule 5. Duties of President Pro Tempore.
(a) Mandatory.--The President Pro Tempore shall:
(1) Appoint the Chair, Vice Chair and members of the
Standing Committees of the Senate as soon after the election
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of the President Pro Tempore as possible. Upon the
resignation of the Chair of a standing committee, the
President Pro Tempore may designate an acting Chair.
(2) Appoint members to special committees whenever
authorized.
(3) Fill all vacancies occurring in standing and special
committees.
(4) Refer to the appropriate standing committee every
bill and joint resolution which may be introduced in the
Senate or received from the House of Representatives.
(5) Appoint and have under the President Pro Tempore's
direction such Senate employees as are authorized by law.
(6) Vote last on all questions when occupying the Chair.
(b) Discretionary.--The President Pro Tempore may name any
Senator to preside in the absence of the President, or if both
the President and President Pro Tempore are absent the Majority
Leader, or the Majority Leader's designee, shall preside. The
Majority Leader, during such time, shall be vested with all
powers of the President. This authority shall not extend beyond
a day's recess.
Rule 6. Duties of the Secretary-Parliamentarian.
(a) Election.--At the beginning of each regular session
convening in an odd-numbered year and at other times as may be
necessary, the Senate shall elect a Secretary-Parliamentarian of
the Senate.
(b) General duties.--The Secretary-Parliamentarian of the
Senate shall:
(1) Assist the presiding officer in conducting the
business of the session.
(2) Act in the capacity of Parliamentarian.
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(c) Specific duties.--The Secretary-Parliamentarian of the
Senate shall, subject to the direction of the President Pro
Tempore:
(1) Direct the following functions:
(i) Amending bills in the Senate.
(ii) Preparing and publishing the Senate Calendar.
(iii) Publication of the Senate History.
(iv) Numbering Senate bills as they are introduced
and causing them to be distributed to the chair of the
committee to which they are referred and receiving a
receipt for the same.
(v) Printing of bills.
(vi) Maintain and update, as needed, the Legislative
Data Processing Senate Virtual Session Desk application
for use by members and staff.
(2) Keep a record of the Senate action on a bill on a
special record sheet attached to the bill after it has been
reported from committee.
(3) Keep a record of all leaves granted by the Senate by
compiling the leave requests submitted by a member and
transmitted to the Secretary-Parliamentarian by the
respective Floor Leaders. These records shall be retained
only for the duration of the two-year legislative session.
Further, these records shall be available for public
inspection upon request.
(4) Transmit all bills, joint resolutions, concurrent
resolutions and other communications to the House of
Representatives within one legislative day of final passage
or adoption, and each shall be accompanied by a message
stating the title to the measure being transmitted and
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requesting concurrence of the House, as required.
(5) Attest all writs, warrants and subpoenas issued by
order of the Senate; certify as to the passage of Senate
Bills and the approval of executive nominations.
(6) Supervise the Senate Library, assist Senators by
making reference material available to them and perform any
duties assigned to the Senate Librarian by any statute.
(7) Supervise the Chief Sergeant-at-Arms, the Senate
Bill Room, the Senate Print Shop, the Official Reporter's
Office and the Senate Page Service.
(8) Post each roll call vote, including each roll call
vote taken on an amendment, taken in the Senate on the
Internet website maintained by the Senate immediately, but in
no case later than 24 hours after the vote. Each roll call
vote shall be posted in a manner which clearly identifies the
bill, resolution, amendment or other subject of the vote.
(9) Post the Legislative Journal of the Senate on the
Internet website maintained by the Senate upon approval of
the Journal or within 60 calendar days of each session day,
whichever is earlier. If the Secretary-Parliamentarian posts
the Legislative Journal on the Internet website prior to
Senate approval, the copy shall be marked "Official
Reporter's Document."
Rule 7. Duties of the Chief Clerk of the Senate.
(a) Election.--At the beginning of each regular session
convening in an odd-numbered year and, whenever necessary, the
Senate shall elect a Chief Clerk of the Senate.
(b) Duties.--The Chief Clerk shall be the chief fiscal
officer of the Senate and shall perform those duties prescribed
in section 2.4 of the act of January 10, 1968 (1967 P.L.925,
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No.417), referred to as the Legislative Officers and Employes
Law. In addition, the Chief Clerk, subject to the direction of
the President Pro Tempore, shall perform those powers and duties
prescribed in the Financial Operating Rules of the Senate. In
the absence of the Secretary-Parliamentarian, the Chief Clerk
shall, subject to the direction of the President Pro Tempore,
attest all writs, warrants and subpoenas issued by order of the
Senate and shall certify as to the passage of Senate Bills and
the approval of executive nominations.
Rule 8. Duties of the Chief Sergeant-at-Arms.
The Chief Sergeant-at-Arms shall:
(1) Be constantly in attendance during the sessions of
the Senate except when absent in discharging other duties.
(2) Have charge of and direct the work of the assistant
sergeants-at-arms.
(3) Serve all subpoenas and warrants issued by the
Senate or any duly authorized officer or committee.
(4) Maintain order, at the direction of the presiding
officer, in the Senate Chamber and adjoining rooms.
(5) See that no person, except those authorized to do
so, disturbs or interferes with the desk, or its contents, of
any Senator or officer.
(6) Exclude from the Floor all persons not entitled to
the privilege of the same.
(7) Have charge of all entrances to the Chamber during
the sessions of the Senate and shall see that the doors are
properly attended.
(8) Announce, upon recognition by the presiding officer,
all important communications and committees.
(9) Escort the Senate to all Joint meetings with the
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mace.
(10) Escort the Senate to attend funeral services of
members, former members of the Senate or other dignitaries
with the mace.
Rule 9. Order of Business.
(a) General rule.--The Order of Business to be observed in
taking up business shall be as follows:
First Call to Order.
Second Prayer by the Chaplain and
Pledge of Allegiance.
Third Reading of Communications.
Fourth Receiving reports of committees.
Fifth Asking of leaves of absence. No
Senator shall absent himself
without leave of the Senate,
first obtained, unless prevented
from attendance by sickness, or
other sufficient cause.
Sixth Approval of Journals of
preceding session days.
Seventh Offering of original
resolutions.
Eighth Introduction of Guests.
Ninth Consideration of the Calendar.
Any bill or resolution on the
Calendar not finally acted upon
within 10 legislative days shall
be removed from the Calendar and
laid on the table, unless the
Senate shall otherwise direct.
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Tenth Consideration of Executive
Nominations.
Eleventh Unfinished Business. Reports of
Committees. Unanimous consent
resolutions.
Twelfth First consideration of bills
reported from committee, which,
at this time, shall not be
subject to amendment, debate or
a vote thereon.
Thirteenth Announcements by the Secretary-
Parliamentarian.
Fourteenth Introduction of Petitions and
Remonstrances.
Fifteenth Recess.
(b) Special order of business.--Any subject may, by a vote
of a majority of the Members present, be made a special order;
and when the time so fixed for its consideration arrives, the
presiding officer shall lay it before the Senate.
Rule 10. Order and decorum.
(a) Recognition.--Any Senator who desires to speak or
deliver any matter to the Senate shall rise and respectfully
address the presiding officer as "Mr. President" or "Madam
President," and on being recognized, may address the Senate at a
microphone located on the Floor of the Chamber.
(b) Avoiding personal references.--Any Senator addressing
the Senate shall confine remarks to the question under debate,
avoiding personal references or questions as to motive.
(c) Speaking out of order.--If any Senator transgresses the
Rules of the Senate, in speaking or otherwise, the presiding
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officer may, or any Senator may through the presiding officer,
call that Senator to order.
(d) Speaking more than twice.--No Senator shall speak more
than twice on one question without leave of the Senate.
(e) Decorum.--When a Senator is speaking, no other person
shall pass between the Senator and the presiding officer.
(f) Order and privilege.--No Senator speaking shall be
interrupted except by a call to order, a question of privilege,
a question of order or a call for the previous question, without
the consent of the Senator speaking, and no Senator shall speak
on a question after it is put to a vote.
(g) Questions of order.--The presiding officer shall decide
all questions of order, subject to appeal by any member. No
debate shall be allowed on questions of order, unless there is
an appeal. A second point of order on the same general subject,
but not the same point, is not in order while an appeal is
pending, but when the first appeal is decided, laid on the table
or otherwise disposed of, the second point of order is in order
and is subject to appeal. While an appeal is pending, no other
business is in order. It is within the discretion of the
presiding officer as to whether to vacate the chair on an
appeal.
(h) Question when interrupted.--A question regularly before
the Senate can be interrupted only by a call for the previous
question, for amendment, postponement, to lay on the table,
commitment, recess or adjournment sine die.
(i) Use of tobacco products.--No tobacco products, including
cigarettes, cigars, pipes and chewing tobacco, shall be used in
the Senate Chamber or in Senate Committee Rooms.
(j) Cell phones.--In the Senate Chamber, cell phones and
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similar portable communication devices shall be set to silent
mode.
(k) Proper attire.--Members and staff with privilege of the
floor during Senate sessions shall not dress in a manner
offensive to the decorum of the Senate but shall be dressed in
professional attire, including a coat, tie and trousers or
slacks for men, and appropriate dignified dress for women.
Rule 11. Motions.
(a) Putting a motion.--When a motion is made, it shall,
before debate, be stated by the presiding officer. Every motion
made to the Senate and entertained by the presiding officer
shall be entered in the Journal with the name of the Senator
making it. A motion may be withdrawn by the Senator making it
before amendment, postponement, an order to lay on the table or
decision.
(b) Precedence of motions.--Motions shall take precedence in
the following order:
(1) Adjourn sine die.
(2) Recess.
(3) Previous question.
(4) Recess temporarily within the same session day.
(5) Questions of privilege of the Senate.
(6) Orders of the day.
(7) Lay on the table.
(8) Limit, close or extend limit on debate.
(9) Postpone.
(10) Commit or recommit.
(11) Amend.
(12) Main motion.
(c) Non-debatable motions.--Non-debatable motions are:
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(1) Adjourn sine die.
(2) Recess.
(3) Recess temporarily within the same session day.
(4) Previous question.
(5) Lay on the table.
(6) Orders of the day.
(7) Limit, close or extend limit on debate.
(d) Motions which permit limited debate.--
(1) On the motion to postpone, the question of
postponement is open to debate, but the main question is not.
(2) The motion to commit or recommit to committee is
debatable as to the propriety of the reference, but the main
question is not open to debate.
(3) The motion to amend is debatable on the amendments
only and does not open the main question to debate.
(e) Seconding motions.--All motions, except for the previous
question, which shall be seconded by not less than four
Senators, may be made without a second.
(f) Recessing and convening.--
(1) A motion to recess shall always be in order, except,
when on the call for the previous question, the main question
shall have been ordered to be now put, or when a Member has
the Floor, and shall be decided without debate.
(2) On a motion to recess, adopted and not having a
reconvening time, the Senate will meet the following day at
10:00 a.m.
(3) The Senate shall not convene earlier than 8:00 a.m.
unless the Senate adopts a motion that sets forth the need to
convene earlier than 8:00 a.m.
(4) The Senate shall not recess later than 11:00 p.m.
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each session day unless the Senate adopts a motion that sets
forth the need to recess later than 11:00 p.m.
(g) Motion for previous question.--Pending the consideration
of any question before the Senate, a Senator may call for the
previous question, and if seconded by four Senators, the
President shall submit the question: "Shall the main question
now be put?" If two-thirds vote of the Senate is in favor of it,
the main question shall be ordered, the effect of which shall
cut off all further amendments and debate, and bring the Senate
to a direct vote first upon the pending amendments and motions,
if there be any, then upon the main proposition. The previous
question may be ordered on any pending amendment or motion
before the Senate.
(h) Motion to lay on table.--The motion to lay on the table
is not debatable, and the effect of the adoption of this motion
is to place on the table the pending question and everything
adhering to it. Questions laid on the table remain there for the
entire session unless taken up before the session closes.
(i) Motion to take from table.--A motion to take from the
table, a bill or other subject, is in order under the same order
of business in which the matter was tabled. It shall be decided
without debate or amendment.
(j) Reconsideration.--
(1) When a question has once been made and carried in
the affirmative or negative, it shall be in order to move the
reconsideration thereof. When the Senate has been equally
divided on a question, or a bill shall have failed to pass by
reason of not having received the number of votes required by
the Constitution, it shall be in order to move the
reconsideration thereof.
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(2) Provided, however, that no motion for the
reconsideration of any vote shall be in order after a bill,
resolution, report, amendment or motion upon which the vote
was taken shall have gone out of the possession of the
Senate.
(3) Provided, further, that no motion for
reconsideration shall be in order unless made on the same day
on which the vote was taken, or within the next five days of
voting session of the Senate thereafter.
(4) A motion to reconsider the same question a third
time is not in order.
(5) When a bill, resolution, report, amendment, order,
or communication, upon which a vote has been taken, shall
have gone out of the possession of the Senate and been sent
to the House of Representatives or to the Governor, the
motion to reconsider shall not be in order until a resolution
has been passed to request the House or Governor to return
the same and the same shall have been returned to the
possession of the Senate.
Rule 12. Bills.
(a) Passage of bills.--
(1) No law shall be passed except by bill, and no bill
shall be so altered or amended, on its passage through either
House, as to change its original purpose.
(2) No alteration or amendment shall be considered which
is not appropriate and closely allied to the original purpose
of the bill. If a bill has been amended after being reported
by the Appropriations Committee and if the amendment may
require the expenditure of Commonwealth funds or funds of a
political subdivision or cause a loss of revenue to the
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Commonwealth or a political subdivision, the Appropriations
Committee shall make a fiscal note reflecting the impact of
the amendment available to the Senators.
(b) Reference and printing.--No bill shall be considered
unless referred to a committee, printed for the use of the
members and returned therefrom.
(c) Form of bills.--No bill shall be passed containing more
than one subject, which shall be clearly expressed in its title,
except a general appropriation bill or a bill codifying or
compiling the law or a part thereof.
(d) Consideration of bills.--
(1) Every bill shall be considered on three different
days in each House. All amendments made thereto shall be
available pursuant to Rule 13(a)(2) for the use of the
members before the final vote is taken on the bill. Upon
written request addressed to the presiding officer of the
Senate by at least 25% of the Members elected to the Senate,
any bill shall be read at length in that House. No bill shall
become a law, unless on its final passage the vote is taken
by yeas and nays, the names of the persons voting for and
against it are entered on the Journal, and a majority of the
Members elected to each House is recorded thereon as voting
in its favor.
(2) Every bill that receives a majority of co-
sponsorship support from each of the Majority and Minority
party shall be reported out of standing committee, considered
on three separate days and receive a vote on final passage.
(3) Bills that originate in the House and are reported
unanimously to the Senate shall be reported out of standing
committee, be considered on three separate days and receive a
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vote on final passage.
(e) Local and special bills.--No local or special bill shall
be passed unless notice of the intention to apply therefor shall
have been published in the locality where the matter or the
thing to be effected may be situated, which notice shall be at
least 30 days prior to the introduction into the General
Assembly of such bill and in the manner to be provided by law;
the evidence of such notice having been published shall be
exhibited in the General Assembly before such act shall be
passed.
(f) Revenue bills.--All bills for raising revenue shall
originate in the House of Representatives, but the Senate may
propose amendments as in other bills.
(g) Appropriation bills.--
(1) The general appropriation bill shall embrace nothing
but appropriations for the executive, legislative and
judicial departments of the Commonwealth, for the public debt
and for public schools. All other appropriations shall be
made by separate bills, each embracing but one subject.
(2) No appropriation shall be made for charitable,
educational or benevolent purposes to any person or community
nor to any denomination and sectarian institution,
corporation or association: Provided, That appropriations may
be made for pensions or gratuities for military service and
to blind persons 21 years of age and upwards and for
assistance to mothers having dependent children and to aged
persons without adequate means of support and in the form of
scholarship grants or loans for higher educational purposes
to residents of the Commonwealth enrolled in institutions of
higher learning, except that no scholarship, grants or loans
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for higher educational purposes shall be given to persons
enrolled in a theological seminary or school of theology.
(h) Charitable and educational appropriations.--No
appropriation shall be made to any charitable or educational
institution not under the absolute control of the Commonwealth,
other than normal schools established by law for the
professional training of teachers for the public schools of the
State, except by a vote of two-thirds of all the members elected
to each House.
(i) Land transfer legislation.--
(1) No bills granting or conveying Commonwealth land or
taking title thereto shall be reported by any committee of
the Senate unless there has been filed with the Secretary-
Parliamentarian and the Chair of the Reporting Committee, a
memorandum from the Department of General Services indicating
the use to which the property is presently employed, the full
consideration for the transfer, if any, a departmental
appraisal of the property, including its valuation and a list
of recorded liens and encumbrances, if any, the use to which
the property will be employed upon its transfer, the date by
which the land is needed for its new use and the senatorial
district or districts in which the land is located. The
memorandum shall be filed within 60 days after a request is
made for same and contain a statement by a responsible person
in the Department of General Services indicating whether or
not the departments involved favor the transfer which is the
subject of the bill under consideration. The sponsor of the
bill or the Chair of the Reporting Committee may request the
memorandum from the Department of General Services.
(2) No amendment granting or conveying Commonwealth land
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or taking title thereto shall be considered by the Senate
unless there has been filed with the Secretary-
Parliamentarian and the Chair of the committee reporting the
bill a memorandum from the Department of General Services
indicating the use to which the property is presently
employed, the full consideration for the transfer, if any, a
departmental appraisal of the property, including its
valuation and a list of recorded liens and encumbrances, if
any, the use to which the property will be employed upon its
transfer, the date by which the land is needed for its new
use, the senatorial district or districts in which the land
is located and a statement by a responsible person in the
Department of General Services indicating whether or not the
departments involved favor the transfer which is the subject
of the amendment under consideration. The memorandum shall be
filed within 60 days after a request is made. The sponsor of
the amendment or the Chair of the Reporting Committee may
request the memorandum from the Department of General
Services.
(3) If a memorandum is not filed within 60 days after a
request is made to the Department of General Services, the
Senate or any committees of the Senate may consider bills or
amendments granting or conveying Commonwealth land or taking
title thereto, notwithstanding paragraphs (1) and (2).
(j) Consideration during second regular session.--All bills,
joint resolutions, resolutions, concurrent resolutions or other
matters pending before the Senate upon the recess of a first
regular session convening in an odd-numbered year shall maintain
their status and be pending before a second regular session
convening in an even-numbered year but not beyond adjournment
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sine die or November 30th of such year, whichever first occurs.
(k) Introduction.--All bills shall be introduced in
quadruplicate. A sponsor may be added after a bill has been
printed but the addition of sponsors shall not require that the
bill be reprinted. All bills shall be examined by the
Legislative Reference Bureau for correctness as to form and
shall be imprinted with the stamp of the Bureau before being
filed with the Secretary-Parliamentarian for introduction.
(l) Character of bills to be introduced.--No Member shall
introduce, nor shall any committee report any bill for the
action of the Senate, proposing to legislate upon any of the
subjects prohibited by Article III, section 32 of the
Constitution.
(m) Printing of amended bills.--
(1) All bills reported or re-reported from committee, if
amended by the committee, and all bills on the Calendar, if
amended by the Senate, shall be reprinted and a new printer's
number assigned thereto before any action is taken thereon.
(2) No bill or joint resolution re-reported from
committee as amended shall be voted upon on final passage
until at least six hours have elapsed from the time of the
committee report.
(n) First consideration.--Bills on first consideration shall
not be subject to amendment, debate or a vote thereon.
(o) Second consideration.--Bills on second consideration may
be subject to amendment, debate and a vote thereon.
(p) Third consideration and final passage.--
(1) The following apply:
(i) Bills on third consideration may be amended and
are subject to debate. Bills on final passage may not be
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amended but are open to debate. The vote on final passage
shall be taken by a roll call. The names of the Senators
voting for and against shall be recorded, entered in the
Journal and posted on the Internet website maintained by
the Senate. No bill shall be declared passed unless a
majority of all Senators elected to the Senate shall be
recorded as voting for the same.
(ii) No bill which may require an expenditure of
Commonwealth funds or funds of any political subdivision
or cause a loss of revenue to the Commonwealth or any
political subdivision shall be given third consideration
on the Calendar until it has been referred to the
Appropriations Committee and a fiscal note attached
thereto.
(iii) In obtaining the information required by these
Rules, the Appropriations Committee may utilize the
services of the Budget Office and any other State agency
as may be necessary.
(iv) No bills appropriating money for charitable or
benevolent purposes shall be considered finally until
after the general appropriation bill shall have been
reported from committee.
(2) The following apply:
(i) It shall not be in order, by suspension of this
Rule or otherwise, to consider a bill on final passage
unless it is printed, together with amendments, if any,
and made available to the Senators.
(ii) No bill or joint resolution amended on third
consideration shall be voted on final passage until at
least six hours have elapsed from the time of adoption of
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the amendment.
(q) Prefiling of bills, joint resolutions and resolutions.--
Any Senator or Senator-elect may file bills, joint resolutions
and resolutions with the Secretary-Parliamentarian of the Senate
commencing on December 15 of each even-numbered year. The
Secretary-Parliamentarian of the Senate shall number the bills,
joint resolutions and resolutions and shall have them available
for distribution. Upon the naming of the committees of the
Senate at the convening of a First Regular Session, the
President Pro Tempore shall refer all prefiled measures to the
proper committee within 14 calendar days.
(r) Normal filing of bills, joint resolutions and
resolutions.--Senators may introduce bills, joint resolutions
and resolutions by filing the same with the Secretary-
Parliamentarian of the Senate. The Secretary-Parliamentarian of
the Senate shall number the bills, joint resolutions and
resolutions and shall notify the President Pro Tempore of the
fact of such filing.
(s) Referral to committee by President Pro Tempore.--Every
bill, joint resolution and resolution introduced by a Senator or
received from the House of Representatives shall be referred by
the President Pro Tempore to the appropriate committee within 14
calendar days. Upon referral, the Secretary-Parliamentarian of
the Senate shall deliver the bills, joint resolutions and
resolutions to the committees to which they have been referred.
The Secretary-Parliamentarian of the Senate shall have the
bills, joint resolutions and resolutions available for
distribution.
(t) Senate Calendar.--Members of the Senate shall receive a
marked Senate Calendar no later than 12 hours in advance of the
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start of the Senate session.
Rule 13. Amendments.
(a) When in order.--
(1) Amendments shall be in order when a bill is reported
or re-reported from committee, on second consideration, on
third consideration, and on concurrence from the House. No
amendments shall be received by the presiding officer or
considered by the Senate which destroys the general sense of
the original bill or is not appropriate and closely allied to
the original purpose of the bill. Any Member, upon request,
must be furnished a copy of a proposed amendment, this
includes being available on the Senate Virtual Session Desk
application, and be given a reasonable opportunity to
consider same before being required to vote thereon.
(2) Amendments offered on the Floor shall be read by the
Reading Clerk and stated by the presiding officer to the
Senate before being acted upon. Amendments shall be presented
with at least four typewritten copies obtained through the
Legislative Reference Bureau, which shall have the Sponsor
identified. No amendment may be considered by the Senate
until the Secretary-Parliamentarian of the Senate has posted
the amendment on the Internet website maintained by the
Senate. All amendments submitted to the Secretary-
Parliamentarian for consideration on the Floor shall receive
a roll call vote, unless the amendment sponsor indicates
otherwise. The names of Senators voting for or against all
amendments, either in Committee, second or third
consideration, or on concurrence from the House, shall be
recorded, entered in the Journal and posted on the Internet
website maintained by the Senate.
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(3) Amendments to bills or other main motions or
questions before the Senate may be tabled. When an amendment
proposed to any bill or other main motion or question before
the Senate is laid on the table, it shall not carry with it
or prejudice the bill, main motion or question. A motion to
take an amendment from the table shall only be in order if
the bill or other main motion or question remains before the
Senate for decision. The motion to take an amendment from the
table is not debatable and shall have the same precedence as
the motion to amend.
(b) Amendments reconsidering; revert to prior print.--
Amendments adopted or defeated may not be again considered
without reconsidering the vote by which the amendments were
adopted or defeated, unless a majority vote of the Senators
present shall decide to revert to a prior printer's number. If
such a motion is made to a bill on third consideration and
carried it shall not be in order to vote on the final passage of
the bill until a copy of the reverted printer's number is made
available to the Senators, this includes being available on the
Senate Virtual Session Desk application.
(c) Concurrence in House amendments.--
(1) The following apply:
(i) No amendments to bills by the House shall be
concurred in by the Senate, except by the vote of a
majority of the Members elected to the Senate taken by
yeas and nays.
(ii) If a bill on concurrence contains an amendment
which may require the expenditure of Commonwealth funds
or funds of a political subdivision or cause a loss of
revenue to the Commonwealth or a political subdivision,
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the bill shall be referred to the Appropriations
Committee and a fiscal note shall be attached thereto.
The bill may not be voted finally until a fiscal note
reflecting the impact of the amendment is made available
to the Senators, including being available on the Senate
Virtual Session Desk application.
(2) The following apply:
(i) Any bill or resolution containing House
amendments which is returned to the Senate shall be
referred to the Committee on Rules and Executive
Nominations immediately upon the reading of the
communication by the Reading Clerk, subject to subsection
(c)(1)(ii). The consideration of any bill or resolution
containing House amendments may include the amendment of
House amendments in the Committee on Rules and Executive
Nominations or prior to the vote on concurrence on the
Floor. The vote on concurring in amendments by the House
to bills or resolutions amended by the House shall not be
taken until the bills or resolutions have been favorably
reported, as committed or as amended, by the Committee on
Rules and Executive Nominations and have been placed on
the desks of the Senators, this includes being available
on the Senate Virtual Session Desk application, and
particularly referred to on their calendars.
(ii) Unless the Majority Leader and the Minority
Leader shall agree otherwise, the offering of an
amendment to House amendments in the Committee on Rules
and Executive Nominations shall not be in order until at
least one hour after the filing of a copy of the
amendment as prepared by the Legislative Reference Bureau
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with the office of the Secretary-Parliamentarian. Upon
the filing of such an amendment, the Secretary-
Parliamentarian shall immediately time stamp the
amendment and forward a time-stamped copy of the
amendment to the offices of the Majority Leader and the
Minority Leader. Except as provided in this subsection,
it shall not be in order to suspend or otherwise waive
the requirements of this subsection.
Rule 14. Committees.
(a) Standing committees.--
(1) There shall be the following permanent standing
committees, the Chair, the Vice Chair and members thereof to
be appointed by the President Pro Tempore as soon as possible
after the election of the President Pro Tempore in sessions
convening in odd-numbered years or such other times as may be
equally divided between the Majority caucus, including
members who caucus with the Majority caucus, the Minority
caucus, including members who caucus with the Minority
caucus, composition of the Senate membership.
Aging and Youth - 10 members
Agriculture and Rural Affairs - 10 members
Appropriations - 22 members
Banking and Insurance - 14 members
Communications and Technology - 10 members
Community, Economic and Recreational Development - 14
members
Consumer Protection and Professional Licensure - 14
members
Education - 10 members
Environmental Resources and Energy -- 10 members
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Finance -- 10 members
Game and Fisheries -- 10 members
Health and Human Services -- 10 members
Intergovernmental Operations -- 10 members
Judiciary - 13 members
Labor and Industry -- 10 members
Law and Justice -- 10 members
Local Government -- 10 members
Rules and Executive Nominations - 16 members
State Government -- 10 members
Transportation - 14 members
Urban Affairs and Housing -- 10 members
Veterans' Affairs and Emergency Preparedness -- 10
members
(2) Subcommittees. Each standing committee or the chair
thereof may appoint, from time to time, a subcommittee to
study or investigate a matter falling within the jurisdiction
of the standing committee or to consider a bill or resolution
referred to it. A subcommittee may hold public hearings only
with the prior permission of its standing committee.
Subcommittees shall be regulated by the Senate Rules of
Procedure and shall be in existence for only that time
necessary to complete their assignments and report to their
standing committees.
(b) Members-ex-officio.--
(1) The President Pro Tempore shall be an ex-officio
voting member of all standing committees and any
subcommittees that may be established and shall not be
included in the number of committee members herein provided.
However, the President Pro Tempore shall not be an ex-officio
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Member of the Committee on Ethics and Official Conduct.
(2) The Majority Leader and the Minority Leader shall
each be an ex-officio member of the Committee on
Appropriations and shall not be included in the number of
members of the committee provided herein.
(3) The Majority Leader shall serve as Chair of the
Committee on Rules and Executive Nominations and the Minority
Leader shall serve as the Minority Chair.
(c) Committees' function between sessions.--Standing
committees shall exist and function both during and between
sessions. Such power shall not extend beyond November 30th of
any even-numbered year.
(d) Powers and responsibilities.--Standing committees are
authorized:
(1) To maintain a continuous review of the work of the
Commonwealth agencies concerned with their subject areas and
the performance of the functions of government within each
such subject area, and for this purpose to request reports
from time to time, in such form as the standing committee
shall designate, concerning the operation of any Commonwealth
agency and presenting any proposal or recommendation such
agency may have with regard to existing laws or proposed
legislation in its subject area. The standing committee is
authorized to require public officials and employees and
private individuals to appear before the standing committee
for the purpose of submitting information to it.
(2) In order to carry out its duties, each standing
committee is empowered with the right and authority to
inspect and investigate the books, records, papers,
documents, data, operation and physical plant of any public
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agency in this Commonwealth.
(3) In order to carry out its duties, each standing
committee may issue subpoenas, subpoenas duces tecum and
other necessary process to compel the attendance of witnesses
and the production of any books, letters or other documentary
evidence desired by the committee. The chair may administer
oaths and affirmations in the manner prescribed by law to
witnesses who shall appear before the committee to testify.
(4) Each bill or resolution referred to a standing
committee shall be considered by the standing committee upon
its merits, and acted upon by the committee at a scheduled
meeting.
(e) Notice of meetings.--
(1) The following apply:
(i) The Chair of a committee or, in the absence of
the Chair, the Vice Chair, with the approval of the
Chair, shall provide each member of the committee with
written notice of committee meetings, which shall include
the date, time and location of the meeting and the number
of each bill, resolution or other matter which may be
considered. The Chair shall give due notice of a standing
committee meeting or hearing not later than 72 hours
before the date and time the standing committee meeting
or hearing is to be scheduled. Committee members shall
give due notice of amendments to be offered not later
than 24 hours before the scheduled standing committee
meeting. During session, notice of meetings of standing
committees shall be published daily. Notice shall be
delivered by the Chair to the Secretary-Parliamentarian's
office on a form prescribed by the Secretary-
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Parliamentarian of the Senate by the end of the session
on the day preceding its intended publication.
(ii) The prime sponsor of a bill or resolution may
request that the Chair of a standing committee hold a
hearing on a bill or resolution introduced and referred
to the standing committee. The Chair shall hold a public
hearing within 10 legislative days of receiving a request
from the prime sponsor of the bill or resolution. All
hearings on bills or resolutions shall be subject to the
requirements of 65 Pa.C.S. Ch. 7 (relating to open
meetings) and shall provide reasonable opportunity for
public comment or testimony at the hearing. Within 10
legislative days of the hearing the Chair shall hold a
committee meeting to consider the bill or resolution.
(iii) Whenever the Chair of any standing committee
shall refuse to call a hearing on a resolution or bill,
the Minority Chair of the standing committee may call a
hearing by providing written notice to members of the
standing committee and to the Secretary-Parliamentarian
of the Senate, setting the time and place of such
hearing, not later than 72 hours before the hearing is to
be scheduled. Such notice shall be read in the Senate and
the same posted by the Secretary-Parliamentarian in the
Senate. Thereafter, the hearing shall be held at the time
and place specified in the notice. In addition, any such
hearing shall comply with all provisions of 65 Pa.C.S.
Ch. 7.
(2) A committee meeting, or hearing for which notice has
not been published as provided in paragraph (1), may be held
during a session only if approval is granted by a two-thirds
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vote of the standing committee and if notice of the bills to
be considered is given during session.
(f) Bills recommitted.--Any bill or resolution reported by
any standing committee without prior notice having been given as
required by these Rules shall be recommitted to the committee
reporting the same.
(g) Public meetings or hearings.--
(1) The following apply:
(i) The Chair of a standing committee may hold
hearings open to the public and in doing so shall make a
public announcement in writing prior to the date of the
hearing of the date, time, location and subject matter of
the hearing.
(ii) The Chair of a standing committee shall have
the power to designate whether or not a meeting of the
committee for the purpose of transacting committee
business shall be open to the public or shall be held in
executive session and therefore closed to the public, but
no matters may be considered in executive session for
which an open meeting is required under 65 Pa.C.S. Ch. 7
[(relating to open meetings)].
(2) All standing committees may have their hearings
reported and transcribed if payment for such service is being
made from committee funds. If payment is expected to be made
from a source other than committee funds, approval must be
first obtained from the President Pro Tempore.
(h) Quorum of committee.--A committee is actually assembled
only when a quorum constituting a majority of the members of
that committee is present in person. A majority of the quorum of
the whole committee shall be required to report any bill,
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resolution or other matter to the Floor for action by the whole
Senate.
(i) Quorum of subcommittee.--A subcommittee is actually
assembled only when a quorum constituting a majority of the
members of that subcommittee is present in person. A majority of
the quorum of the whole subcommittee shall be required to report
any bill, resolution or other matter to the committee.
(j) Discharging committees.--
(1) No standing committee shall be discharged from
consideration of any bill, resolution or other matter within
10 legislative days of its reference to committee without the
unanimous consent of the Senate or after such 10-day period
except by majority vote of all members elected to the Senate.
(2) Such discharge shall be by resolution which shall
lie over one day for consideration upon introduction and
which may be considered under the Order of Business of
Resolutions on the Calendar.
Rule 15. Committee officers.
(a) Chair-ex-officio.--The Chair and Minority Chair of each
standing committee shall be ex-officio members of each
subcommittee that may be established as part of the standing
committee, with the right to attend meetings of the subcommittee
and vote on any matter before the subcommittee.
(b) Calling committee to order.--The Chair or, if authorized
by the Chair, the Vice Chair, shall call the committee to order
at the hour provided by these Rules. Upon the appearance of a
quorum, the committee shall proceed with the order of business.
Any member of the committee may question the existence of a
quorum.
(c) Chair control of the committee room.--The Chair or, if
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authorized by the Chair, the Vice Chair, shall preserve order
and decorum and shall have general control of the committee
room. In case of a disturbance or disorderly conduct in the
committee room, the Chair or, if authorized by the Chair, the
Vice Chair, may cause the same to be cleared. The use of cell
phones and similar portable communication devices within any
Senate committee room by other than members of the Senate or
their staffs is strictly prohibited.
(d) Chair's authority to sign documents and decide questions
of order.--The Chair shall sign all notices, vouchers, subpoenas
or reports required or permitted by these Rules. The Chair shall
decide all questions of order relative to parliamentary
procedure, subject to an appeal by any member of the committee.
(e) Vote of Chair, Vice Chair.--The Chair and Vice Chair
shall vote on all matters before such committee; Provided, That
the name of the Chair shall be called last.
(f) Performance of duties by Vice Chair.--Upon the death of
the Chair, the Vice Chair shall perform the duties of the office
until and unless the President Pro Tempore shall appoint a
successor or designate an acting Chair. Upon and during
disability, or incapacity of the Chair, the Vice Chair shall
perform the Chair's duties.
(g) Chair's duty to report.--The Chair shall report any bill
to the Floor of the Senate not later than the next occurring
legislative day after the committee's vote to report it.
(h) Amendments.--Upon reporting the bill from committee, the
Chair shall submit all amendments adopted in committee to the
Secretary-Parliamentarian of the Senate for posting on the
Internet website maintained by the Senate.
Rule 16. Committee members.
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Members, attendance and voting shall be as follows:
(1) Every member of a committee shall be in attendance
during each of its meetings, unless excused or necessarily
prevented, and shall vote on each question, except that a
member desiring to be excused from voting in committee due to
a direct, personal, private or pecuniary interest shall seek
a ruling from the Chair pursuant to Rule 20(c).
(2) The Chair may excuse any Senator for just cause from
attendance during the meetings of the committee for any
stated period.
(3) Any member of a committee who is otherwise engaged
in legislative duties may have the member's vote recorded on
bills, resolutions or other matters pending before the
committee by communicating in writing to the Chair the
inability to attend and the manner in which the member
desires to be voted on bills, resolutions or other matters
pending before the committee.
Rule 17. Committee voting.
Taking the vote shall be as follows:
(1) The Chair shall announce the results of all votes to
report a bill or resolution or a vote regarding an executive
nomination. All votes shall be open to the public and shall
be posted on the Internet website maintained by the Senate
within 24 hours.
(2) In all cases where the committee vote shall be
equally divided, the question falls.
Rule 18. Motions in committees.
All motions made in committee shall be governed and take the
same precedence as those set forth in these Rules.
Rule 19. Conference Committees.
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(a) Composition.--The President Pro Tempore shall appoint
three Senators to comprise a Committee of Conference. Two shall
be from the Majority Party and one from the Minority Party.
(b) Deliberations.--The deliberations of the committee shall
be confined to the subject of difference between the two Houses,
unless both Houses shall direct a free conference.
(c) Report of Conference Committee.--
(1) The report of a Committee of Conference shall be
prepared in triplicate by the Legislative Reference Bureau
and shall be signed by the members or a majority of the
members of each committee comprising the Committee of
Conference. Every report of a Committee of Conference shall
be printed together with the bill as amended by the
committee, shall be made available to the Senators and shall
be particularly referred to on their calendars before action
shall be taken on such report. No report of a Committee of
Conference may be adopted by the Senate until at least six
hours have elapsed from the time of adoption of the report by
the Committee of Conference.
(2) A report of a Committee of Conference which requires
the expenditure of Commonwealth funds or funds of a political
subdivision or causes a loss of revenue to the Commonwealth
or a political subdivision shall have a fiscal note attached
before the report is finally adopted by the Senate.
(d) Adoption of Conference Committee report.--Reports of
committees of conference shall be adopted only by the vote of a
majority of the members elected to the Senate, taken by yeas and
nays.
Rule 20. Voting.
(a) Senators must be present.--Every Senator shall be
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present within the Senate Chamber during the sessions of the
Senate and shall be recorded as voting on each question stated
from the Chair which requires a roll call vote unless the
Senator is on leave, is duly excused or is unavoidably prevented
from attending session. The refusal of any Senator to vote as
provided by this Rule shall be deemed a contempt of the Senate.
(b) Voting required.--Except as may be otherwise provided by
this Rule, no Senator shall be permitted to vote on any question
unless the Senator is present in the Senate Chamber at the time
the roll is being called, or prior to the announcement of the
vote, unless the following applies:
(1) Capitol leave.--A Senator who is performing a
legislative duty in the Harrisburg area, which is defined in
the Financial Operating Rules of the Senate as within Dauphin
County or otherwise within a 10 mile radius of the Capitol,
may, upon request during session, be granted a Capitol Leave
by the Senate and may be voted by the Senator's respective
Floor Leader. A specific reason for the Capitol Leave must be
given in writing by the Senator. The Capitol Leave request
shall be communicated to the Senator's respective Whip for
transmission to the respective Floor Leader prior to the
beginning of a roll call vote. All written Capitol Leave
requests shall be transmitted by the respective Floor Leaders
to the Secretary-Parliamentarian of the Senate for retention
in accordance with Rule 6(c)(3) within 24 hours of the
conclusion of the legislative day in which leave was
requested.
(2) Legislative leave.--A Senator who is performing a
legislative duty outside of the Harrisburg area may, upon
request during session, be granted a Legislative Leave by the
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Senate and may be voted by the Senator's respective Floor
Leader. A specific reason for the Legislative Leave must be
given in writing by the Senator. The Legislative Leave
request shall be communicated to the Senator's respective
Whip for transmission to the respective Floor Leader prior to
the beginning of a roll call vote. All written Legislative
Leave requests shall be transmitted by the respective Floor
Leaders to the Secretary-Parliamentarian of the Senate for
retention in accordance with Rule 6(c)(3) within 24 hours of
the conclusion of the legislative day in which leave was
requested.
(3) Military leave.--A Senator who is on active duty or
in training with a reserve component of the armed forces of
the United States or the Pennsylvania National Guard or Air
National Guard may be granted a military leave. A Senator
requesting military leave shall submit a leave request to the
Senator's respective Floor Leader who shall transmit the
request to the Secretary-Parliamentarian of the Senate on
behalf of the Senator requesting leave within 24 hours of the
conclusion of the legislative day in which leave was
requested.
(4) Personal leave.--A Senator who is absent for any
purpose other than those set forth in these Rules may be
granted a personal leave. A Senator on personal leave shall
not be voted on any question before the Senate or on any
question before any committee of the Senate. A Senator
requesting personal leave shall submit a leave request to the
Senator's respective Floor Leader who shall transmit the
request to the Secretary-Parliamentarian of the Senate on
behalf of the Senator requesting leave within 24 hours of the
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conclusion of the legislative day in which leave was
requested.
(c) Excused from voting.--
(1) A Senator desiring to be excused from voting due to
a direct, personal, private or pecuniary interest in any
question or bill proposed or pending before the Senate shall
seek a ruling from the presiding officer.
(2) Senators who seek a ruling on whether they have a
direct, personal, private or pecuniary interest in any
question or bill proposed or pending before the Senate shall,
after the Senator is recognized by the presiding officer,
make a brief statement of the reasons for making the request
and ask the presiding officer to decide whether or not the
Senator must vote. The question shall be decided by the
presiding officer without debate.
(d) Changing vote.--No Senator may vote or change a vote
after the result is announced by the Chair. Before the
announcement of the final result, however, a Senator may change
a vote, or may vote, if previously absent from the Chamber.
Should a Senator be erroneously recorded on any vote, the
Senator may at any time, with the permission of the Senate, make
a statement to that effect which shall be entered in the
Journal. Similarly, should the Senator be absent when a vote is
taken on any question, the Senator may later, with the
permission of the Senate, make a statement for entry upon the
Journal, indicating how the Senator would have voted had the
Senator been present when the roll was taken and the reasons
therefor shall be submitted in writing or delivered orally not
to exceed five minutes.
(e) Persons allowed at desk during roll call.--No Senator or
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other person, except the Majority or Minority Leader or other
persons designated by them, shall be permitted at the Reading
Clerk's desk during the recording, counting or verification of a
roll call vote.
(f) Two-thirds vote.--When bills or other matters which
require a two-thirds vote are under consideration, the
concurrence of two-thirds of all the Senators elected shall not
be requisite to decide any question or amendment short of the
final question and, on any question short of the final one, a
majority of Senators voting shall be sufficient to pass the
same.
(g) Majority vote defined.--A majority of the Senators
elected shall mean a majority of the Senators elected, living,
sworn and seated.
(h) Majority vote.--When bills or other matters which
require a vote of the majority of Senators elected are under
consideration, the concurrence of a majority of all the Senators
elected shall not be requisite to decide any question or
amendment short of the final question; and, on any question
short of a final one, a majority of Senators voting shall be
sufficient to pass the same.
(i) Announcement of vote.--Upon completion of a roll call
vote or a voice vote, the result shall be announced immediately
unless the Majority or Minority Leader requests a delay.
(j) Explanation of vote.--Any Senator may, with the consent
of the Senate, make an explanation of a vote on any question and
have the explanation printed in the Journal.
(k) Tie vote.--In the case of a tie vote, the President of
the Senate may cast a vote to break the tie as long as, by doing
so, it does not violate any provisions of the Constitution of
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Pennsylvania. In the event that there is a tie vote on a
question requiring a constitutional majority, the question
falls.
(l) Verifying vote.--Any Senator may demand a verification
of a vote immediately upon the completion of a roll call or
after the announcement of the vote by the presiding officer. In
verifying a vote, the Clerk shall first read the affirmative
roll at which time any additions or corrections shall be made.
Upon the completion and verification of the affirmative roll
call, the Clerk shall proceed with the reading of the negative
roll at which time any additions or corrections shall be made.
Upon the completion and verification of the negative roll call,
the roll call shall be declared verified. It shall not be in
order for a Senator to change a vote after the verified roll
call is announced. A demand for a verification shall not be in
order when all Senators vote one way. The demand for a
verification of a vote is not debatable.
(m) Voice vote.--Unless otherwise ordered, demanded or
required, a voice vote may be taken. Any Senator who doubts the
accuracy of a voice vote may demand a roll call vote. Such
request must be made immediately upon the announcement of the
vote by the presiding officer and shall not be in order after
other business has intervened. The demand for a verification of
a voice vote shall not be in order.
Rule 21. Correspondents.
(a) Admission to Senate Press Gallery.--Admission to the
Senate Press Gallery shall be limited to members in good
standing of the Pennsylvania Legislative Correspondents'
Association and to other members of the press as determined by
the President Pro Tempore. Seating shall be available on a
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first-come basis.
(b) Photographs in Senate Chamber.--
(1) Photographers may be authorized by the President Pro
Tempore to take still photographs in the Senate.
(2) No still photographs shall be taken in the Senate
during sessions without prior notice to the Senators. When
possible, such notice shall be given at the beginning of the
session during which the still photographs are scheduled to
be taken.
(c) Order and decorum of press.--
(1) Persons seated in the Senate Press Gallery shall be
dressed appropriately and shall, at all times, refrain from
loud talking or causing any disturbance which tends to
interrupt the proceedings of the Senate.
(2) Persons seated in the Senate Press Gallery shall not
walk onto the Floor of the Senate nor approach the rostrum or
the Reading Clerk's desk during session or while being at
ease.
Rule 22. Radio and television.
(a) Filming, videotaping, televising and broadcasting.--
Filming, videotaping, televising or broadcasting of Senate
sessions shall be permitted as provided in these Rules.
(b) Broadcasting session.--Nothing in this Rule shall be
construed to prohibit any licensed radio station or television
station from broadcasting a session from the Senate or any part
thereof; Provided, That the signal originates from the Senate-
operated audio-visual system which transmits Senate session
activity to the offices in the Main Capitol and environs.
Rule 23. Video feed and audio feed.
(a) Responsibilities of the Chief Clerk of the Senate.--
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(1) The Chief Clerk, in consultation with the Secretary-
Parliamentarian of the Senate, shall provide a video feed and
audio feed of Senate Floor activity.
(2) The Chief Clerk shall be responsible for the
acquisition, installation and maintenance of equipment
required to provide the video feed and audio feed, and for
the continued development and operation of the feeds,
including the hiring of the necessary personnel.
(3) All equipment required to produce the video feed and
audio feed shall be operated by Senate personnel. Nothing in
any contract entered into by the Office of the Chief Clerk
regarding installation or maintenance of equipment shall
permit any control over the video cameras and microphones in
the Senate Chamber to be exercised by anyone but the
appropriate Senate officers and employees.
(b) Sessions provided free of charge.--
(1) Continuous broadcast of Senate sessions shall be
provided free of charge to any licensed television station,
radio station or cable television outlet and shall further be
available through the Senate's Internet website.
(2) The Senate Committee on Management Operations may
authorize providing the video feed and audio feed free of
charge to other entities.
(c) Funding.--Funding for the implementation and operation
of the broadcasting system shall be provided through Senate
appropriations as designated by the President Pro Tempore.
(d) Scope of video and audio feeds.--
(1) The video feed and audio feed shall provide a
complete, unedited record of what is said on the Floor of the
Senate and shall be free from commentary.
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(2) During roll call votes and other votes, the video
cameras shall be focused on the Senate floor until the
announcement of the vote tabulation by the presiding officer.
(3) During recesses of the Senate or when the Senate is
at ease, the video feed and audio feed shall be turned off.
(4) During guest introductions, video feed of guests
seated in the Senate Gallery or on the floor of the Senate is
permissible.
(e) Restrictions on video and audio feeds.--
(1) The video feed and audio feed, and any television or
radio coverage thereof, shall not be made available or used
for political or campaign purposes, whether in paid political
advertisements or otherwise. Use of the video feed and audio
feed shall be subject to all Federal and State laws relating
to elections and campaign practices.
(2) The video feed and audio feed, and any television or
radio coverage thereof, shall not be used in any commercial
advertisement.
(3) Any live coverage of the Senate shall be without and
presented without any commercial sponsorship, except when it
is part of a bona fide news program or public affairs
program.
(4) The President Pro Tempore or any other presiding
officer shall be prohibited from ordering that any segment of
a Floor session not be broadcast or recorded.
(5) Except as provided in this paragraph, the President
Pro Tempore, any other presiding officer and any Senator,
officer or employee of the Senate shall be prohibited from
editing any portion of the video feed and audio feed
described in this Rule. A Senator may post a video clip or
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audio clip of Senate session on an Internet website or
provide a video clip or audio clip of Senate session for any
television broadcast as long as the video clip or audio clip
exclusively features the Senator who is posting or providing
the video clip or audio clip.
(f) Other recording prohibited.--
(1) Except as provided in this Rule, any recording,
filming, videotaping, broadcasting or distribution of any
session of the Senate, or any part thereof, in any form
whatsoever is prohibited.
(2) Nothing in this Rule shall be construed to prohibit
any licensed radio or television station or other licensed
entity from broadcasting a session from the Senate or any
part thereof; Provided, That the signal originates from the
Senate-operated sound and video system which transmits Senate
session activity to the offices in the Main Capitol and
environs.
(g) Violations.--Any violation of this Rule shall be dealt
with as directed by the Committee on Rules and Executive
Nominations.
(h) Official record.--The video feed and audio feed provided
by the Senate shall not constitute an official record of Senate
actions. The official record of Senate actions shall be
contained in the Journals prepared by the Secretary-
Parliamentarian of the Senate and approved by the Senate.
Rule 24. Who privileged to the Floor of the Senate.
(a) Admission during session.--With the exception of the
Senate Gallery and Senate Press Gallery, no person shall be
admitted within the Senate Chamber during Senate sessions,
unless invited by the President Pro Tempore or the Majority
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Leader or Minority Leader. Prior to the start of each Senate
session day, the Majority Leader and the Minority Leader shall
provide notice to the President Pro Tempore listing the guests
they have invited to the Floor of the Senate. During session,
authorized staff with access to the Senate Chamber shall be
limited and shall be restricted to the area immediately adjacent
to the Majority Leader's and Minority Leader's desks. Advice to
Senators during debate shall be allowed only when the Senator is
using the microphones at the Majority Leader's and Minority
Leader's desks.
(b) Rear entrance closed during session.--No person shall,
during a session, be permitted to enter through the front or
rear door of the Senate Chamber nor be present in the rooms
immediately to the rear of the Senate Chamber except for
Senators, officers and employees expressly authorized.
(c) Telephone facilities.--No person other than Senators,
Senate Officers or their staff shall, at any time, be permitted
to use the telephone facilities in or adjacent to the Senate
Chamber.
Rule 25. Rules.
(a) Force and effect.--These Rules shall be in full force
and effect until altered, changed, amended or repealed as
provided in subsection (d).
(b) Dispensing with Rules.--The consent of two-thirds vote
of the Senators elected shall be necessary to suspend any Rule.
(c) Voting for altering, changing or amending Rules.--The
consent of a majority of the Senators elected shall be necessary
to alter, change or amend these Rules.
(d) Alteration, change or amendment of Rules by
resolution.--All alterations, changes or amendments to Senate
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Rules shall be by resolution which shall not be considered
unless first referred to and reported from the Rules and
Executive Nominations Committee.
Rule 26. Mason's Manual of Legislative Procedure to govern
Senate.
The Rules of Parliamentary Practice comprised in Mason's
Manual of Legislative Procedure shall govern the Senate in all
cases to which they are applicable, and in which they are not
inconsistent with the Standing Rules, Prior Decisions and Orders
of the Senate.
Rule 27. Quorum.
(a) Majority constitutes a quorum.--A majority of Senators
elected shall constitute a quorum, but a smaller number may
adjourn from day to day and compel the attendance of absent
members.
(b) When less than a quorum is present.--When, upon a call,
which may be demanded by not less than four Senators, it is
found that less than a quorum is present, it shall be the duty
of the presiding officer to order the doors of the Senate to be
closed, and to direct the Reading Clerk to call the roll of the
Senate and note the absentees after which the names of the
absentees shall be again called. A Senator whose absence is not
excused, or for whom an insufficient excuse is made, may by
order of a majority of the Senators present be sent for and
taken into custody by the Chief Sergeant-at-Arms, or assistant
sergeants-at-arms appointed for the purpose. Any unexcused
Senator shall be brought before the bar of the Senate, where the
Senator, unless excused by a majority of the Senators present,
shall be publicly reprimanded by the presiding officer for
neglect of duty.
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(c) When less than a quorum vote but are present.--When less
than a quorum vote upon any subject under the consideration of
the Senate, not less than four Senators may demand a call of the
Senate, when it shall be the duty of the presiding officer to
order the doors of the Senate to be closed and the roll of the
Senators to be called. If it is ascertained that a quorum is
present, either by answering to their names, or by their
presence in the Senate, the presiding officer shall again order
the yeas and nays; and, if any Senator present refuses to vote,
the name or names of such Senator shall be entered on the
Journal as "Present but not voting." Such refusal to vote shall
be deemed a contempt; and, unless purged, the presiding officer
shall direct the Chief Sergeant-at-Arms to bring the Senator
before the bar of the Senate, where the Senator shall be
publicly reprimanded by the presiding officer.
Rule 28. Executive nominations.
(a) Presentation and reference.--
(1) All nominations by the Governor or the Attorney
General shall be submitted to the Secretary-Parliamentarian
of the Senate. All nominees shall file the financial
statements required pursuant to 65 Pa.C.S. Ch. 11 (relating
to ethics standards and financial disclosure) with the
Secretary-Parliamentarian of the Senate. Copies of the
nominations and financial statements shall be furnished by
the Secretary-Parliamentarian of the Senate to the Majority
Caucus Secretary and Minority Caucus Secretary or their
designees.
(2) Nominations shall, after being read, without a
motion, be referred by the presiding officer to the Committee
on Rules and Executive Nominations. After having been
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reported by the committee, the final question on every
nomination shall be: "Will the Senate advise and consent to
this nomination?"
(3) The Chair of the Committee on Rules and Executive
Nominations shall designate an appropriate standing committee
of the Senate to conduct a public hearing for nominees that
have Statewide jurisdiction and to which salaries are
attached. The Committee on Rules and Executive Nominations
shall refer those nominees to the designated committee for
the purpose of holding a public hearing to scrutinize the
qualifications of nominees and to report its recommendations.
Public hearings may be held for nominees for any other
office.
(b) Information concerning nominations.--All information,
communication or remarks made by a Senator when acting upon
nominations in committee, concerning the character or
qualifications of the person nominated, may be kept
confidential. If, however, charges shall be made against a
person nominated, the committee may, in its discretion, notify
the nominee, but the name of the person making such charges
shall not be disclosed.
(c) Consideration.--When the consideration of executive
nominations is reached in the order of business, a Senator may
make a motion to go into executive session for the purpose of
confirming the nominations which have been reported from
committee; and on the motion being agreed to, the nomination or
nominations shall be considered until finally disposed of,
unless the same shall be postponed by a majority of the Senate.
(d) Executive session.--When in executive session, no
communication shall be received from the Governor, unless it be
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relative to the nomination under consideration, nor from the
House of Representatives, nor shall any other business be
considered.
(e) Reconsideration.--When a nomination is confirmed or
rejected by the Senate, any Senator may move for a
reconsideration on the same day on which the vote was taken, or
on either of the next two days of voting session of the Senate;
but if a notification of the confirmation or rejection of a
nomination shall have been sent to the Governor before the
expiration of the time within which a motion to reconsider may
be made, the motion to reconsider shall be accompanied by a
motion to request the Governor to return such notification to
the Senate. A motion to reconsider the vote on a nomination may
be laid on the table without prejudice to the nomination.
Rule 29. Resolutions.
(a) Introduction.--All resolutions, Senate and concurrent,
shall be introduced by presenting five copies of the Resolution,
with the sponsor identified, to the presiding officer.
(b) Consideration.--The following resolutions, after being
read, shall be referred to an appropriate committee without
debate unless by unanimous consent the Senate shall otherwise
direct and, if favorably reported by the committee, shall lie
over one day for consideration, after which the resolutions may
be called up under the appropriate order of business:
(1) All Senate concurrent resolutions and House
concurrent resolutions, excepting resolutions in reference to
adjournment sine die, recesses and resolutions recalling
bills from the Governor, which shall be regarded as
privileged.
(2) Resolutions containing calls for information from
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the heads of departments or to alter the Rules.
(3) Resolutions giving rise to debate, except those that
relate to the disposition of matters immediately before the
Senate, those that relate to the business of the day on which
they were offered, and those that relate to adjournment sine
die or a recess.
(c) Printing in Senate History.--
(1) (Reserved).
(2) All resolutions shall be adopted by a majority vote
of the Senators present except as specifically provided for
in these Rules.
(d) Joint Resolutions.--
(1) Joint resolutions shall be limited to constitutional
amendments and shall be adopted by a vote of a majority of
the Senators elected to the Senate.
(2) A Joint resolution when passed by both Houses shall
not be transmitted to the Governor for approval or
disapproval but shall be filed in the Office of the Secretary
of the Commonwealth in accordance with Article XI, section 1
of the Constitution of Pennsylvania.
Rule 29.1. Citations.
(a) Preparation.--A member making a request that a Senate
Citation be issued to a particular person or on a specified
occasion shall provide the Legislative Reference Bureau with the
facts necessary for the preparation of the citation on a
suitable form.
(b) Filing.--The citation request shall be filed with the
Secretary-Parliamentarian of the Senate and automatically
referred to the President Pro Tempore, who may approve and sign
the citation on behalf of the Senate.
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(c) Issuance.--One original citation shall be issued by the
Secretary-Parliamentarian of the Senate.
Rule 30. General access to the Senate Floor prohibited.
The Secretary-Parliamentarian of the Senate shall cause the
doors to the Senate Floor to be closed to all persons except
those who are entitled to access pursuant to the Rules of the
Senate. On days when the Senate is not in session, access to the
Senate Floor by any person not connected with the Senate is
prohibited. Other than the Senator, no person shall be permitted
to occupy the seat of a Senator at any time.
Rule 31. Veto.
(a) Passing over veto.--When any bill is not approved by the
Governor, he shall return it with his objection to the House in
which such bill originated. Thereupon such House shall enter the
objections upon their Journal and proceed to reconsider it. If,
after such reconsideration, two-thirds of all the Members
elected to that House shall agree to pass the bill, it shall be
sent with the objections to the other House by which likewise it
shall be reconsidered and, if approved by two-thirds of all the
members elected to that House, it shall become a law.
(b) Consideration during second regular session.--A bill
vetoed in a first regular session and not finally acted upon may
be brought up for consideration in a second regular session.
Rule 32. Division of a question.
Any Senator may call for a division of a question by the
Senate if the question includes points so distinct and separate
that, one of them being taken away, the other will stand as a
complete proposition. The motion to strike out and insert is
indivisible.
Rule 33. Coordination with other Senate Rules.
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Any use of Senate resources or time shall be governed by the
Financial Operating Rules and the Ethical Conduct Rules of the
Senate.
Rule 34. Committee on Ethics.
(a) Composition.--In addition to the committees created by
Rule 14, there shall be a Senate Committee on Ethics which shall
be composed of six members appointed by the President Pro
Tempore. Three members shall be of the Majority Party and three
members shall be of the Minority Party. The Minority Party
members will be appointed on the recommendation of the Minority
Leader.
(b) Organization.--The Senate Committee on Ethics shall be
organized as follows:
(1) The President Pro Tempore shall appoint one of the
Majority Party members as Chair and, on the recommendation of
the Minority Leader, one of the Minority Party members as
Vice Chair. A quorum for this committee shall be four
members, and the committee shall have such duties, powers,
procedure and jurisdiction as are prescribed and authorized
in this Rule.
(2) The chair shall notify all members of the committee
at least 24 hours in advance of the date, time and place of a
meeting. Whenever the chair shall refuse to call a meeting, a
majority of the committee may call a meeting by giving two
days' written notice to the Majority Leader and the Minority
Leader of the Senate setting forth the time and place for
such meeting. A meeting commenced in this manner shall be
held at the time and place specified in the notice.
(3) Except as provided in subsection (j), all meetings
of the committee shall be open to the public and notice of
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such meetings shall be given as generally provided in these
Rules for the convening of committees.
(4) The committee may adopt rules of procedure for the
orderly conduct of its affairs, investigations, hearings and
meetings, which rules are not inconsistent with this Rule.
(c) Receipt of complaint.--The committee shall receive
complaints against any Senator alleging unethical conduct in
violation of a Senate Rule, statute or constitutional provision
governing the ethical conduct of a Senator. Any complaint filed
with the committee shall:
(1) be submitted in writing;
(2) be sworn or affirmed by the person filing the
complaint; and
(3) detail the alleged unethical conduct in question and
specify the Rule, statute or constitutional provision
allegedly violated.
(d) Review of complaint.--Upon receipt of a complaint that
conforms with all the requirements of this Rule, the Senate
Committee on Ethics shall review the complaint and determine
whether or not a preliminary investigation is warranted within
30 days of receiving the complaint. For good cause, a majority
of the members of the committee may vote to grant an additional
30 days to complete the committee's review. A frivolous or de
minimis complaint may be dismissed by a majority of the members
of the committee, with prejudice. The chair shall notify the
complainant and the subject Senator of the disposition of a
dismissed complaint.
(e) Disposition of complaints.--If it is determined by a
majority of the members of the Senate Committee on Ethics that
an ethical conduct violation may have occurred, the Senator
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against whom the complaint has been brought shall be notified in
writing and given a copy of the complaint. Within 15 days after
receipt of the complaint, the Senator may file a written answer
to the complaint with the committee. If no answer is filed, the
complaint shall be deemed denied by the subject Senator. The
lack of an answer shall not be deemed to be an admission or
create an inference or presumption that the complaint is true.
The lack of an answer shall not prohibit a majority of the
members of the committee from either proceeding with a formal
investigation or dismissing the complaint.
(f) Preliminary investigation.--The committee shall have 30
days from the date that receipt of the answer to the complaint
is to be provided to complete its preliminary investigation. For
good cause, a majority of the members of the committee may vote
to grant an additional 30 days to complete the committee's
review. The committee may employ an independent counsel to
conduct a preliminary investigation. Upon conclusion of the
preliminary investigation, by vote of a majority of the members
of the committee, the committee shall determine whether to
proceed with a formal investigation, which may include hearings.
In the event that the committee vote is equally divided, the
question falls. If the committee does not decide to proceed to a
formal investigation, the Chair shall notify the complainant and
the subject Senator of the disposition of the complaint and
shall summarize the committee's rationale for its conclusion.
(g) Confidentiality.--Prior to the commencement of a formal
investigation, the fact that a preliminary investigation is
being conducted or is to be conducted shall be confidential
information. If, however, the filing of a complaint or a
preliminary investigation is made public by the complainant, the
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committee may publicly confirm the receipt of a complaint.
(h) Indictment.--When an indictment is returned against a
member of the Senate, and the gravamen of the indictment is
directly related to the ethical conduct of a Senator in
violation of a Senate Rule, statute or constitutional provision
governing the ethical conduct of a Senator, the Senate Committee
on Ethics shall not initiate any new investigation and shall
suspend any ongoing investigation initiated pursuant to this
Rule until the subject matter of the indictment that relates to
the Senator's alleged unethical conduct is resolved.
(i) Alternative procedure.--In addition to action on formal
complaints as provided in subsection (c), a majority of the
members of the Senate Committee on Ethics may initiate a
preliminary investigation of suspected unethical conduct in
violation of a Senate Rule, statute or constitutional provision
governing the ethical conduct of a Senator. If it is determined
by a majority of the members of the committee that a violation
may have occurred, the Senator in question shall be notified in
writing of the alleged unethical conduct in question and the
Rule, statute or constitutional provision allegedly violated.
Within 15 days of the receipt of this information, the Senator
may file a written answer with the committee. The lack of an
answer shall not be deemed to be an admission or create an
inference or presumption that the complaint is true. The lack of
an answer shall not prohibit a majority of the members of the
committee from either proceeding with a formal investigation or
dismissing the complaint. The committee shall have 30 days from
the date that receipt of the answer to the complaint is to be
provided to complete its preliminary investigation. For good
cause, a majority of the members of the committee may vote to
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grant an additional 30 days to complete the committee's review.
Upon conclusion of the preliminary investigation, by vote of a
majority of the members of the committee, the committee shall
determine whether to proceed with a formal investigation, which
may include hearings. In the event that the committee vote is
equally divided, the question falls.
(j) Closed session.--The committee shall conduct its
preliminary investigations, hearings and meetings related to a
specific investigation or a specific Senator in closed session
unless the Senator subject to investigation advises the
committee in writing that the Senator wants such meetings or
hearings to be held publicly. In the event that the Senator in
question makes such a request, the committee shall furnish the
Senator with a public meeting or hearing.
(k) Formal investigation.--In the event that the Senate
Committee on Ethics shall elect to proceed with a formal
investigation of alleged unethical conduct by a Senator, the
committee may employ an independent counsel to conduct a formal
investigation. The committee and any independent counsel
employed by the committee shall comply with the following
procedural requirements at all stages of the investigation:
(1) The Chair of the Senate Committee on Ethics may
continue any hearing for reasonable cause. Upon the vote of a
majority of the members of the committee, or upon the request
of the Senator subject to investigation, the Chair shall
issue subpoenas for the attendance and testimony of witnesses
and the production of documentary evidence relating to any
matter under formal investigation by the committee. The Chair
of the committee may administer oaths or affirmations,
examine and receive evidence, or rule on any objections
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raised during the course of a hearing.
(2) All testimony, documents, records, data, statements
or information received by the committee in the course of any
preliminary or formal investigation shall be private and
confidential except in the case of public meetings or
hearings or in a report to the Senate.
(3) All constitutional rights of any Senator under
investigation shall be preserved, and the Senator shall be
entitled to present evidence, cross-examine witnesses, face
the accuser and be represented by counsel.
(4) An oath or affirmation shall be executed in writing
before any member of the committee, any independent counsel
employed by the committee to conduct a preliminary or formal
investigation, or any employee of the Senate related to the
investigation may have access to information that is
confidential pursuant to the rules of the committee as
follows:
"I do solemnly swear or affirm that I will not disclose,
to any person or entity outside of the Senate Committee
on Ethics, any information received in the course of my
service with the committee, except as authorized by the
committee or in accordance with the Rules of the Senate."
Copies of the executed oath or affirmation shall be provided
to the Secretary-Parliamentarian of the Senate as part of the
records of the Senate. Any Senator or other person who
violates the confidentiality requirements of this subsection
shall be removed immediately from the committee and replaced
by another Senator, counsel or employee of the Senate
appointed in like manner as the person's original appointment
or selection.
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(l) Report.--No report regarding unethical conduct by a
Senator shall be made to the Senate unless a majority of the
members of the Senate Committee on Ethics determines that a
finding of unethical conduct in violation of a Senate Rule,
statute or constitutional provision governing the ethical
conduct of a Senator has occurred. No finding of unethical
conduct by a Senator in violation of a Senate Rule, statute or
constitutional provision governing the ethical conduct of a
Senator adopted by the Senate Committee on Ethics shall be valid
unless signed by at least a majority of the members of the
committee. Any such report may include a minority report. A
report adopted by the committee that contains findings of
unethical conduct by a Senator in violation of a Senate Rule,
statute or constitutional provision governing the ethical
conduct of a Senator shall not be filed with the Secretary-
Parliamentarian of the Senate or released to the public until at
least seven days after a copy of the report is sent by certified
mail to the Senator under investigation.
(m) Distribution of report.--After the expiration of the
seven-day notice requirement contained in subsection (l), the
Senate Committee on Ethics shall file its report with the
Secretary-Parliamentarian of the Senate, who shall cause a copy
of the report of the committee to be distributed to the members
of the Senate. The report of the Senate Committee on Ethics
shall be placed on the Senate Calendar and shall be acted upon
by the Senate within 10 legislative days of the adoption of a
temporary rule setting forth rules of procedure for the orderly
disposition of the report by the full Senate. A vote by a
majority of the members elected to the Senate shall be necessary
to adopt each finding set forth in the Ethics Committee Report.
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(n) Sanction.--Should the full Senate vote to adopt an
unethical conduct finding against a Senator as set forth in the
Ethics Committee Report, that Senator may be subject to sanction
by the full Senate. A sanction may include any of the following
depending on the circumstances of the violation:
(1) a warning;
(2) a written reprimand;
(3) restitution for damages; or
(4) any other sanction provided for pursuant to the
Rules of the Senate or the Constitution of Pennsylvania.
(o) Advisory opinion.--The Senate Committee on Ethics, at
the request of a Senator or officer who has an ethical question
or concern regarding the Senate Rules individually or in
conjunction with others, may issue an advisory opinion seeking
to clarify the ethical requirements of the Senate Rules. These
advisory opinions, with such deletions and changes as shall be
necessary to protect the identity of the persons involved or
seeking the advisory opinions, may be published and shall be
distributed to all members, officers and employees of the
Senate. No action regarding unethical conduct may be taken
against a Senator, officer or employee who has relied on a
written advisory opinion, whether directly addressed to that
person or not, which is reasonably construed as being applicable
to the conduct in question.
(p) Committee member under investigation.--In the event that
a member of the Senate Committee on Ethics shall be under
investigation, that Senator shall be temporarily replaced on the
committee in a like manner to the Senator's original
appointment.
(q) Costs and expenses.--Whenever the committee shall employ
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independent counsel to conduct a preliminary or formal
investigation or shall incur other expenses pursuant to its
duties pursuant to this Rule, payment of costs of such
independent counsel or other expenses incurred by the committee
pursuant to this Rule shall be paid by the Chief Clerk of the
Senate upon submission of vouchers and necessary documentation.
The vouchers shall be signed by both the Chair and Vice Chair of
the committee. Included in such allowable expense items shall be
travel and per diem for the members of the committee. The Chief
Clerk shall pay such expenses out of funds appropriated to the
Chief Clerk for incidental expenses.
Rule 35. Status of members indicted or convicted of a crime.
(a) Status generally.--When an indictment is returned
against a member of the Senate, and the gravamen of the
indictment is directly related to the Senator's conduct as a
committee chair, ranking minority committee member or in a
position of leadership, the Senator shall be relieved of such
committee chairmanship, ranking minority committee member
status, or leadership position until the indictment is disposed
of, but the member shall otherwise continue to function as a
Senator, including voting, and shall continue to be paid.
(b) Restoration.--If, during the same legislative session,
the indictment is quashed, or the court finds that the Senator
is not guilty of the offense alleged, the Senator shall
immediately be restored to the committee chairmanship, ranking
minority committee member status, or leadership position
retroactively from which that Senator was suspended.
(c) Resolution of expulsion.--Upon a finding or verdict of
guilt by a judge or jury, a plea or admission of guilt or plea
of nolo contendere of a crime by a member of the Senate, the
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gravamen of which relates to the member's conduct as a Senator,
and upon imposition of sentence, the Secretary-Parliamentarian
of the Senate shall prepare a resolution of expulsion under
session, which shall appear on the Calendar on the next
legislative session day following an imposition of sentence
based upon a determination or admission of guilt or a plea of
nolo contendere.
Rule 36. Status of officers or employees indicted or convicted
of a crime.
(a) Suspension.--Whenever any officer or employee of the
Senate is indicted or otherwise charged before a court of record
with the commission of a felony or a misdemeanor, the gravamen
of which relates to the officer's or employee's conduct or
status as an officer or employee of the Commonwealth or the
disposition of public funds, the officer or employee shall be
suspended immediately without pay and benefits by the Chief
Clerk of the Senate. After a finding or a verdict of guilt by a
judge or jury, plea or admission of guilt, or plea of nolo
contendere, and upon imposition of sentence, the employment
shall be terminated.
(b) Termination of suspension.--If the indictment is
quashed, or the court finds that the officer or employee is not
guilty of the offense alleged, the suspension without pay shall
be terminated, and the officer or employee shall receive
compensation for the period of time during which the officer or
employee was suspended, which compensation shall be reduced by
the amount of any compensation the officer or employee earned
from other employment during the period of suspension.
(c) Appeal.--If the officer or employee or the supervising
Senator of such employee disagrees with the decision of the
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Chief Clerk of the Senate as to whether an indictment for
particular conduct shall be a crime requiring suspension or
dismissal, the officer or employee in question or the
supervising Senator of the employee may appeal the suspension to
the Senate Committee on Ethics, which shall determine whether
the conduct charged is an offense requiring suspension. Whenever
an appeal of a suspension shall be taken to the committee, the
suspension shall remain effective pending a decision by the
committee.
Rule 37. Affiliation with nonprofit entities.
(a) Requirements.--In order for a Senator or Senate
employee, including a family member of the Senator or Senate
employee, to be affiliated with a nonprofit entity, the
nonprofit entity must meet all of the following:
(1) Be a legal entity formed under the laws of this
Commonwealth or another state that is qualified for nonprofit
status.
(2) Have a formally established board of directors with
at least four members that is fully accountable for the
nonprofit entity's overall operation.
(3) Have a written set of bylaws or rules, approved by
its board of directors, that establishes its composition and
governance process.
(4) Require official action of the board of directors to
be approved and executed in a manner consistent with its
bylaws or rules.
(5) Not receive grant funding directly from the
Commonwealth that comprises its sole source of operational
funding.
(b) Prohibitions.--A Senator or Senate employee, including a
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family member of that Senator or Senate employee, who is
affiliated with a nonprofit entity may not do any of the
following with regard to a nonprofit entity with which that
Senator or Senate employee, including a family member of that
Senator or Senate employee, is affiliated:
(1) Exercise sole and unilateral control of a final
action of the nonprofit entity regarding allocation or
disbursement of grant funding that the nonprofit entity
receives directly from the Commonwealth.
(2) Direct a Senate employee to staff or provide
services to the nonprofit entity as a condition of
employment.
(3) Direct the personnel or other resources of the
nonprofit entity for the benefit of a Senator's campaign.
(4) Commingle funds from any Senate expense account with
the funds of the nonprofit entity with the knowledge and
intent that those funds are to be used for the direct
reimbursement of expenses incurred by that nonprofit entity.
(5) Maintain a Senate district office within or
contiguous to the same office as the nonprofit entity.
(c) Applicability.--A Senator or Senate employee, including
a family member of that Senator or Senate employee, shall not be
subject to the requirements of this Rule if the affiliated
nonprofit entity receives no grant funding directly from the
Commonwealth.
(d) Training.--To assure compliance with this Rule by
Senators and Senate employees, appropriate training measures
shall be implemented by the Senate. Training shall be provided
annually for all Senators and Senate employees.
(e) Definitions.--As used in this Rule, the following words
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and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Affiliated." Serving:
(1) as an officer of a nonprofit entity;
(2) on the board of directors of a nonprofit entity;
(3) as a paid employee of a nonprofit entity; or
(4) as a contractor of a nonprofit entity.
"Family member." A spouse or child.
"Nonprofit entity." An entity that is qualified by the
Internal Revenue Service as meeting the requirements of section
501(c) of the Internal Revenue Code of 1986 (Public Law 99-514,
26 U.S.C. ยง 501(c)).
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