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PRINTER'S NO. 3
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
7
Special Session No. 1 of
2023-2024
INTRODUCED BY SCHWEYER, BRIGGS AND CEPHAS, FEBRUARY 21, 2023
INTRODUCED, FEBRUARY 21, 2023
A RESOLUTION
Providing for the Operating Rules For The Special Session On
Providing Justice To Otherwise Barred Victims Of Childhood
Sexual Abuse (Special Session No. 1).
RESOLVED, That the business of the House of Representatives
during Special Session No. 1 (2023) be confined to the subject
contained in the Governor's Proclamation of a Special and
Extraordinary Session issued January 6, 2023; and be it further
RESOLVED, That no other business, including removal of the
presiding Officer or Officers of the House, is in order during
Special Session No. 1 (2023) except consideration of the subject
contained in the Governor's Proclamation of a Special and
Extraordinary Session; and be it further
RESOLVED, That the following be adopted as the Operating
Rules of the House of Representatives For Special Session No. 1
(2023) On Providing Justice To Otherwise Barred Victims Of
Childhood Sexual Abuse:
2023-2024
OPERATING RULES FOR THE SPECIAL SESSION ON
PROVIDING JUSTICE TO OTHERWISE BARRED
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VICTIMS OF CHILDHOOD SEXUAL ABUSE
(SPECIAL SESSION NO. 1)
The following words and phrases when used in the Operating
Rules For The Special Session On Providing Justice To Otherwise
Barred Victims Of Childhood Sexual Abuse shall have the meanings
given to them in this section unless the context clearly
indicates otherwise:
"Bill" shall mean a bill or joint resolution providing
justice to otherwise barred victims of childhood sexual abuse.
"Committee" shall mean the Committee to Provide Justice to
Otherwise Barred Victims of Childhood Sexual Abuse.
"Day" shall mean any calendar day.
"Floor of the House" shall be that area within the Hall of
the House between the Speaker's rostrum and the brass rail
behind the Members' seats.
"Formal Action" shall mean any vote or motion of a member of
the Committee to report or not report, amend, consider or table
a bill or resolution and the discussion and debate thereof.
"Hall of the House" shall be the floor space within its four
walls and does not include the adjoining conference rooms, the
lobbies or the upper gallery of the House.
"Legislative Day" shall mean any day that the House shall be
in session.
"Officers of the House" shall mean the Chief Clerk, the
Comptroller and the Parliamentarian of the House of
Representatives.
"Press Gallery" shall be within that area known as the Hall
of the House as designated by the Speaker.
"Roll Call Vote" shall be a vote taken and displayed by and
on the electric roll call board or in the event of a malfunction
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of the electric roll call board, by such method as shall be
determined by the Speaker.
"Session" shall mean when the House of Representatives is
sitting in special session.
"Special Session" shall mean Special Session No. 1 (2023) On
Providing Justice To Otherwise Barred Victims of Childhood
Sexual Abuse.
"Special Session Rules" shall mean the Operating Rules For
Special Session.
RULE 1
Speaker Presiding
The Speaker shall preside over the Special Session of the
House. The Speaker may name a member to preside, but the
substitution shall not extend beyond an adjournment. The Speaker
may appoint a member as Speaker pro tempore to act in the
Speaker's absence for a period not exceeding ten consecutive
legislative days.
RULE 1 (a)
(Reserved)
RULE 2
Taking the Chair
The Speaker shall take the Chair and call the members to
order on every legislative day at the hour to which the House
adjourned at the last sitting of the House in Special Session.
On the appearance of a quorum, the Speaker shall proceed to the
regular order of business as prescribed by the Special Session
Rules and the limited scope of the Governor's Proclamation of a
Special and Extraordinary Session issued January 6, 2023.
RULE 3
Order and Decorum
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The Speaker or Presiding Officer shall preserve order and
decorum. In case of any disturbance or disorderly conduct in the
galleries or lobbies, the Speaker shall have the power to order
the same to be cleared.
The Speaker or Presiding Officer shall have the right to
summon Legislative Security Officers to enforce in the
preservation of order and decorum, and if needed, to summon the
Capitol and State Police to assist.
The Sergeant-at-Arms and Legislative Security Officers under
the direction of the Speaker or the Presiding Officer shall,
while the House is in session, maintain order on the floor and
its adjoining rooms and shall enforce the rule with respect to
the conduct of members, staff and visitors.
RULE 4
Questions of Order
The Speaker shall decide all questions of order subject to an
appeal by two members. The decision of the Speaker shall stand
as the decision of the House unless so appealed and overturned
by a majority of the members elected to the House. The Speaker
may, in the first instance, submit the question to the House.
Questions involving the constitutionality of any matters
shall be decided by the House. On questions of order there shall
be no debate except on an appeal from the decision of the
Speaker or on reference of a question to the House. In either
case, no member shall speak more than once except by leave of
the House.
Unless germane to the appeal, a second point of order is not
in order while an appeal is pending; but, when the appeal is
disposed of, a second point of order is in order and is subject
to appeal.
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RULE 5
Conference Committee Appointments
All Committees of Conference shall be appointed by the
Speaker and shall be composed of three members, with no more
than two being from the same political party.
RULE 6
Signature of the Speaker
The Speaker shall, in the presence of the House, sign all
bills and joint resolutions passed by the General Assembly after
their titles have been publicly read immediately before signing,
and the fact of signing shall be entered on the Journal.
Resolutions, addresses, orders, writs, warrants and subpoenas
issued by order of the House shall be signed by the Speaker and
attested by the Chief Clerk.
RULE 7
(Reserved)
RULE 8
Supervision of Hall of the House and Committee Rooms
Subject to the direction of the Speaker, the Chief Clerk
shall have supervision and control over the Hall of the House,
the caucus and committee rooms and all other rooms assigned to
the House.
During the sessions of the Legislature the Hall of the House
shall not be used for public or private business other than
legislative matters except by consent of the House.
During periods of recess of the House such use may be
authorized by the Speaker without the consent of the House.
RULE 9
Decorum
While the Speaker is putting a question or addressing the
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House and during debate or voting, no member shall disturb
another by talking or walking up and down or crossing the floor
of the House.
RULE 9 (a)
Smoking
No smoking of cigarettes, cigars, pipes and other tobacco
products shall be allowed in the Hall of the House nor in any
interior area of the Capitol Complex under the control of the
House of Representatives.
RULE 10
Debate
When a member desires to address the House, the member shall
rise and respectfully address the Speaker. Upon being
recognized, the member may speak, and shall be confined to the
question under consideration and avoiding personal reflections.
When two or more members rise at the same time and ask for
recognition, the Speaker shall designate the member who is
entitled to the floor.
The Leaders may speak more than twice on any question,
without the consent of the House. The sponsor of a bill or
amendment shall be entitled to be recognized twice, and the
maker of a debatable motion shall be entitled to be recognized
twice; but all other members shall be recognized only once.
When recognized, no member except the Leaders and the sponsor
of the bill or amendment under consideration may debate on any
debatable question for more than five minutes each time the
member is recognized.
RULE 11
Interruption of a Member who Has the Floor
A member who has the floor may not be interrupted, except for
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questions of order, by a motion to extend session or by a motion
for the previous question.
A member may yield the floor for questions related to the
subject before the House.
RULE 12
Personal Privilege
Any member may by leave of the Speaker rise and explain a
matter personal to the member, but the member shall not discuss
a pending question in the explanation. Questions of personal
privilege shall be limited to questions affecting the rights,
reputation and conduct of members of the House in their
respective capacity.
RULE 13
Transgression of House Rules
If any member in speaking or otherwise transgresses the
Special Session Rules, the Speaker or any member through the
Speaker shall call the member to order, in which case the member
shall immediately sit down unless permitted by the House to
explain.
The House upon appeal shall decide the case without debate.
If the decision is in favor of the member, the member may
proceed. If the case requires it, the member shall be liable to
censure or other punishment as the House deems proper.
RULE 14
Members' and Employees' Expenses
A member who attends a duly called meeting of the Committee
of which he or she is a member when the House is not in session
or who is summoned to the State Capitol or elsewhere by the
Speaker, or either of the Leaders of the House, to perform
legislative services when the House is not in session shall be
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reimbursed per day for each day of service, plus mileage to and
from the member's residence, at such rates as are established
from time to time, but not in excess of the applicable maximum
mileage rate authorized by the Federal Government. For travel to
any location for committee meetings or for travel to the State
Capitol for any reason, members may not receive reimbursement in
excess of the applicable maximum per diem rate authorized by the
Federal Government. These expenses shall be paid by the Chief
Clerk from appropriation accounts under the Chief Clerk's
exclusive control and jurisdiction, upon a written request
approved by the Speaker of the House or either of the Leaders of
the House.
An employee of the House summoned by the Speaker or either of
the Leaders of the House to perform legislative services outside
of Harrisburg shall be reimbursed for actual expenses and
mileage to and from the employee's residence. Such expenses may
be paid by the Speaker or the Leaders, if they agree to do so,
or shall be paid by the Chief Clerk from appropriation accounts
under the Chief Clerk's exclusive control and jurisdiction, upon
a written request approved by the Speaker, or the Leaders.
District office employees are only permitted to be reimbursed
from an account under the control of the Chief Clerk when
traveling to Harrisburg for a training program sponsored by
either caucus or for travel to a legislative conference approved
by the Speaker or a Leader.
All other travel by district office employees may be
reimbursed from the member's accountable expenses or an account
under the control of the Speaker, or either of the Leaders.
Members and employees traveling outside the Commonwealth of
Pennsylvania who receive any reimbursement for expenses or
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travel which reimbursement is from public funds shall file with
the Chief Clerk a statement containing his or her name and the
name, place, date and the purpose of the function.
Money appropriated specifically to and allocated under a
specific symbol number for allowable expenses of members of the
House of Representatives shall be reimbursed to each member upon
submission of vouchers and any required documentation by each
member on forms prepared by the Chief Clerk of the House. No
reimbursement shall be made from this account where a member is
directly reimbursed for the same purpose from any other
appropriation account.
Such allowable expenses of members may be used for any
legislative purpose or function, including but not limited to
the following:
(1) Travel expense on legislative business.
(a) Mileage on session or nonsession days at a rate as may
be approved from time to time, but not in excess of the maximum
mileage rate authorized by the Federal Government for travel;
voucher only.
(b) Miscellaneous transportation on legislative business
(taxi, airport limousine parking, tolls), and expenses of a
similar nature; voucher only for any single expense not in
excess of $10.
(c) Travel on legislative business by common carrier other
than taxi and airport limousine; voucher and receipt from common
carrier.
(d) Car rental; voucher and receipt from rental agency but
reimbursement not to exceed in any month an amount as may be
approved from time to time. Any amount in excess of the said
amount shall be paid by the person renting the car. In no event
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shall other than American manufactured cars be rented.
(e) Lodging, restaurant charges and other miscellaneous and
incidental expenses while away from home. Vouchers only for per
diem allowance approved from time to time, but not in excess of
the applicable maximum per diem rate authorized by the Federal
Government or for actual expenses not in excess of such per diem
rate.
(2) Administrative, clerical and professional services for
legislative business, except for employment of spouses or any
relatives, by blood or marriage.
(a) Administrative and clerical services; voucher and
receipt from person employed.
(b) Professional services; voucher and receipt and copy of
agreement or contract of employment.
(3) Rent for legislative office space; purchase of office
supplies; postage; telephone and answering services; printing
services and rental only of office equipment; voucher and
vendor's receipt, except for postage expense.
(4) Official entertainment─restaurant and beverage charges;
voucher only for expenses. Receipts for entertainment expenses,
together with a statement of the reason for the expense, shall
be submitted with the request for reimbursement.
(5) Purchase of flags, plaques, publications, photographic
services, books, and other similar items in connection with
legislative activities; voucher and vendor's receipt.
(6) Communications and donations in extending
congratulations or sympathy of illness or death; voucher only on
expenses not in excess of $35.
No money appropriated for members' and employees' expenses
shall be used for contributions to political parties or their
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affiliated organizations.
No money appropriated for members' and employees' expenses
shall be used for contributions to charitable organizations or
for charitable advertisements. This paragraph shall not prevent
a de minimis use of legislative resources, in connection with
legislative activities, to benefit a bona fide charitable
organization that serves a member's district.
All disbursements made, debts incurred or advancements paid
from any appropriation account made to the House or to a member
or nonmember officer under a General Appropriation Act or any
other appropriation act shall be recorded in a monthly report
and filed with the Chief Clerk by the person authorized to make
such disbursement, incur any debt or receive any advancement on
a form prescribed by the Chief Clerk.
The Chief Clerk shall prescribe the form of all such reports
and make such forms available to those persons required to file
such reports. Such report form shall include:
(1) As to personnel:
(a) The name, home address, job title, brief description of
duties and where they are performed, department or member or
members to whom assigned, the name of immediate supervisor and
minimum hours of employment per week of each employee.
(b) The appropriation account from which such employee is
compensated, the amount of compensation and whether such person
is on salary, per diem or contract.
(2) As to all other expenditures:
(a) To whom it was paid, the amount thereof, and the nature
of the goods, services or other purpose for which the
expenditure was made.
(b) The appropriation account from which the expenditure was
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made and the name or names of the person or persons requesting
and/or authorizing the same.
The reporting requirements as to personnel may be fulfilled
by the maintenance in the Office of the Chief Clerk of the House
of an alphabetized file containing the current information for
each employee as set forth above.
All monthly reports filed on disbursements made or debts
incurred by any officer or member or employee from
appropriations made to the House or to a member or nonmember
officer under any General Appropriation Act, and the
documentation for each disbursement, shall be public information
and shall be available in accordance with the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
All vouchers and requisitions relating to all expenditures,
expenses, disbursements and other obligations out of all
appropriated funds of the House, and the documentation
evidencing payment of the vouchers and requisitions, shall be
available in accordance with the Right-to-Know Law.
All requests for reimbursement out of any appropriation shall
be accompanied by a voucher, or other documents where required,
evidencing payment or approval. All requests for reimbursement
out of any appropriation payable to a member, nonmember officer
or employee shall be void if not submitted within 90 days of the
date that the otherwise allowable expense is incurred for any
and all otherwise allowable expenses, including without
limitation, per diem, mileage and actual expenses incurred. Any
such void request for reimbursement may not be paid except
pursuant to a motion to suspend this rule for good cause
specific to the voided request for reimbursement. In no event
shall any payment or reimbursement be made for any otherwise
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allowable expense incurred on or before March 12, 2007. The
voucher form shall be approved and supplied by the Chief Clerk.
Receipts or documentation of every expenditure or disbursement
which is in excess of the maximum amount as set forth herein
shall be attached to the voucher. Where a request for payment is
made in advance of an expense actually incurred, the Chief
Clerk, before making such advance payment shall require a
description satisfactory to the Chief Clerk of the item or
service to be purchased or the expense to be incurred, and a
receipt or other documentation shall be given to the Chief Clerk
after the item or service has been purchased or expense incurred
as evidence that such advancement was in fact expended for such
purpose.
All reports, vouchers and receipts from which reports are
prepared and filed shall be retained by the Chief Clerk, officer
or member, as the case may be, for such period of time as may be
necessary to enable the Legislative Audit Advisory Commission
created pursuant to the act of June 30, 1970 (P.L.442, No.151),
entitled "An act implementing the provisions of Article VIII,
section 10 of the Constitution of Pennsylvania, by designating
the Commonwealth officers who shall be charged with the function
of auditing the financial transactions after the occurrence
thereof of the Legislative and Judicial branches of the
government of the Commonwealth, establishing a Legislative Audit
Advisory Commission, and imposing certain powers and duties on
such commission," to conduct, through certified public
accountants appointed by it, annual audits to assure that such
disbursements made or debts incurred were in accordance with
Legislative Audit Advisory Commission guidelines and standards
as approved, or for a minimum of three years, whichever is
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longer. All annual audit reports shall be available for public
inspection. Photocopies of such reports shall be available for a
fee established by the Chief Clerk not to exceed the cost of
duplication.
RULE 14 (a)
(Reserved)
RULE 14 (b)
Electronic Availability of Reports
In addition to the other methods of availability under Rule
14, all expense reports existing in electronic form shall be
provided electronically by the Chief Clerk upon request.
RULE 15
Time of Meeting
The House shall convene on the first legislative day of the
week at 12:00 noon prevailing time, unless otherwise ordered by
a roll call vote of the majority of those elected to the House.
On other days the House shall convene at the discretion of
the House. No session of the House may begin before 8:00 A.M.
nor may any roll call votes be taken after 11:00 P.M. unless
exigent circumstances exist, as determined by an affirmative
vote of three-fourths of the members elected to the House, by a
roll call vote on a motion to extend session. A motion to extend
session may be made to extend session generally or to conclude
business on a specific question or questions. If a motion to
extend session is made prior to 10:15 P.M. and a roll call vote
has not been ordered, the arrival of 10:45 P.M. shall put an end
to all debate and shall bring the House to an immediate roll
call vote on the question to extend session.
Nothing in this rule shall prevent the House from conducting
administrative matters, including the making of announcements
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regarding the House schedule for the benefit of members or in
order to comply with 65 Pa.C.S. § 709 (relating to public
notice) after 11:00 P.M. Upon the Speaker's determination that
all administrative matters are concluded, the Speaker shall
adjourn the House.
RULE 16
Quorum
A majority of the members shall constitute a quorum, but a
smaller number may adjourn from day to day and compel the
attendance of absent members. (Constitution, Article II, Section
10).
When less than a quorum vote on any question, the Speaker
shall forthwith order the doors of the House closed and the
names of the members present shall be recorded. If it is
ascertained a quorum is present, either by answering to their
names or by their presence in the House, the Speaker shall again
order the yeas and nays. If any member present refuses to vote,
refusal shall be deemed a contempt. Unless purged, the House may
order the Sergeant-at-Arms to remove the member or members
without the bar of the House. All privileges of membership shall
be refused the member or members so offending until the contempt
is purged.
RULE 17
Order of Business
The daily order of business shall be:
(1) Prayer.
(2) Pledge of Allegiance.
(3) Correction and approval of the Journal.
(4) Leaves of absence.
(5) Master Roll Call.
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(6) Reports of Committee.
(7) First consideration bills.
(8) Second consideration bills.
(9) Third consideration bills, final passage bills,
including both third consideration and final passage postponed
bills, and resolutions.
(10) Final passage bills recalled from the Governor.
(11) Messages from the Senate and communications from the
Governor.
(12) Reference to appropriate committees of bills,
resolutions, petitions, memorials, remonstrances and other
papers.
(13) Unfinished business on the Speaker's table.
(14) Announcements.
(15) Adjournment.
Any question may, by a majority vote of the members elected,
be made a special order of business. When the time arrives for
its consideration, the Speaker shall lay the special order of
business before the House.
RULE 18
Introduction and Printing of Bills
Bills shall be introduced in quadruplicate, signed and dated
by each member who is a sponsor of the bill, and filed with the
Chief Clerk on any day that the offices of the House of
Representatives are open for business. A sponsor may be added or
withdrawn, but in the case of withdrawals, the names shall be
withdrawn if and when the bill is reprinted.
Bills introduced when received at the Chief Clerk's desk
shall be numbered consecutively and delivered to the Speaker,
who shall refer each bill to the Committee on any day whether or
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not the House is in session. The Speaker shall report to the
House the bills referred to the Committee, either on the day
introduced or received or on the next two legislative days the
House is in session, unless the House is in recess for more than
four consecutive days in which case the Speaker shall provide a
list to both Leaders, within two calendar days, of all bills
which were referred during such period when the House was not in
session.
If the Speaker neglects or refuses to refer to the Committee
any bills (whether House or Senate) as above after introduction
or presentation by the Senate for concurrence, any member may
move for the reference of the bill to the Committee. If the
motion is carried, said bill or bills shall be immediately
surrendered by the Speaker to the Committee.
The first copy of each bill introduced shall be for the
Committee, the second copy shall be for the printer, the third
copy shall be for the news media and the fourth copy shall be
for the Legislative Reference Bureau.
Every bill, after introduction and reference to the
Committee, shall be printed and shall also be posted on the
Internet with the hyperlink to the web page for the members of
the House of Representatives.
Bills may not be withdrawn after reference to the Committee.
RULE 19
Bills Referred to Committees
No bill shall be considered unless referred to the Committee,
printed for the use of the members and returned therefrom.
(Constitution, Article III, Section 2).
RULE 19(a)
Fiscal Notes
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The Committee shall prepare a fiscal note for a bill or
amendment to a bill considered by the Committee or the House
which may require an expenditure of Commonwealth funds or funds
of any political subdivision or which may entail a loss of
revenues overall, or to any separately established fund.
The fiscal note shall accompany the bill and provide the
following information in connection with the Commonwealth and
its political subdivisions:
(a) The designation of the fund out of which the
appropriation providing for expenditures under the bill shall be
made;
(b) The probable cost of the bill for the fiscal year of its
enactment;
(c) A projected cost estimate of the program for each of the
five succeeding fiscal years;
(d) The fiscal history of the program for which expenditures
are to be made;
(e) The probable loss of revenue from the bill for the
fiscal year of its enactment;
(f) A projected loss of revenue estimate from the bill for
each of the five succeeding fiscal years;
(g) The line item, if any, of the General Fund, special fund
or other account out of which expenditures or losses of
Commonwealth funds shall occur as a result of the bill;
(h) The recommendation, if any, of the Committee and the
reasons therefor relative to the passage or defeat of the bill;
and
(i) A reference to the source of the data from which the
foregoing fiscal information was obtained, and an explanation of
the basis upon which it is computed.
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RULE 19(b)
(Reserved)
RULE 20
Bills Confined to One Subject
No bill shall be passed containing more than one subject,
which shall be clearly expressed in its title, except a general
appropriation bill or a bill codifying or compiling the law or a
part thereof. (Constitution, Article III, Section 3).
RULE 21
Consideration of Bills
(a) Every bill and every joint resolution shall be
considered on three different days. All amendments made thereto
shall be printed for the use of the members before the final
vote is taken thereon, and before the final vote is taken, upon
written request addressed to the presiding officer by at least
25% of the members elected to the House, any bill shall be read
at length. No bill shall become law and no joint resolution
adopted unless, on its final passage, the vote is taken by yeas
and nays, the names of the persons voting for and against it are
entered on the Journal, and a majority of the members elected to
the House is recorded thereon as voting in its favor.
(Constitution, Article III, Section 4).
(b) Members shall be notified of bills and resolutions
scheduled to be voted no later than prior to the close of
business at 4:30 P.M. the second legislative day prior to the
date of second consideration for legislation that has no legal
deadline. (The General Appropriation Act and non-preferred bills
are included within the definition of legislation that has no
legal deadline.) Except as provided in subsection (d), all
amendments shall be submitted to the Office of the Chief Clerk
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by 1:00 P.M. of the last legislative day preceding the scheduled
date for second consideration. Members shall be notified of
bills scheduled to be voted on third consideration. A change in
the printer's number as a result of third consideration shall
not require an additional notice of final passage. No vote on
final passage can occur before the date of the scheduled vote.
(c) If the amendment cannot be submitted in accordance with
the above subsection because it is still being prepared by the
Legislative Reference Bureau, the member must provide the Office
of the Chief Clerk with a statement, by the above-noted 1:00
P.M. deadline, prepared by the member containing the factual
content of said amendment along with certification from the
Legislative Reference Bureau that the amendment was submitted to
the Legislative Reference Bureau for drafting prior to the
above-noted 1:00 P.M. deadline. The Legislative Reference Bureau
may not issue a certificate for an amendment to a bill as
amended by another amendment unless the requesting member can
identify by number the underlying amendment.
(d) In cases where an amendment alters a bill so as to
effectively rule out of order an amendment which was timely
filed pursuant to the provisions of this rule, a replacement
amendment may be submitted to the Office of the Chief Clerk
provided that the subject matter of the replacement amendment is
not substantially different from the intent of the original
amendment. The replacement amendment shall be deemed to have met
the timely filed conditions provided for in this rule. The
member shall notify the Speaker of the member's intent to file a
replacement amendment and shall file a certificate with the
Office of the Chief Clerk. The bill in question may continue to
receive consideration but shall not be moved to third
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consideration until the replacement amendment is available for a
vote. If consideration of the bill is delayed to a new
legislative day due solely to delay in receipt of replacement
amendments, then only amendments timely filed for the date of
the originally scheduled vote and replacement amendments shall
be considered. This limitation on amendments shall not apply to
the bill in question if consideration of the bill is rescheduled
beyond the new legislative day.
(e) A bill may not receive action on concurrence until at
least three hours have elapsed from the time the bill and its
amendatory language was available to the public, unless the
amendment was a technical amendment as described under the first
paragraph of Rule 24 or an affirmative vote of 2/3 of the
members elected to the House indicates they have had sufficient
time to review the language and thereby approve proceeding with
the bill. A brief description of every bill on concurrence shall
be given prior to a vote. Additionally, members shall be
notified and conference committee reports shall be available to
members at least three hours prior to the adoption of all
conference committee reports. When these reports are considered
on the first legislative day of the week, said notice shall be
provided no later than the close of business on the last
business day preceding the vote.
Notwithstanding notice provided, members may, by an
affirmative vote of 2/3 of the members elected to the House,
indicate that they have had sufficient time to review a
conference committee report and that they approve proceeding
with a vote.
RULE 22
First Consideration Bills
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Bills reported from committees shall be considered for the
first time when reported and shall be immediately placed upon
the calendar.
Bills shall not be considered beyond first consideration
until the latest print thereof is on the desks of the members.
Amendments shall not be proposed nor is any other motion in
order on first consideration.
RULE 23
Second Consideration Bills
Bills on second consideration shall be considered in their
calendar order and shall be subject to amendment if approved by
an affirmative vote of 2/3 of the members elected to the House.
No House bill on second consideration shall be considered until
called up by a member.
RULE 24
Third Consideration and Final Passage Bills
Bills on third consideration shall be considered in their
calendar order and shall be subject to amendment only when an
amendment is necessary to make the document internally
consistent, to clear up an ambiguity, to correct grammar or to
correct a drafting error or is necessary for purposes of
statutory construction. An amendment under this paragraph shall
not be subject to the filing deadlines under Rule 21. A bill
having received consideration by the House on three different
days and having been agreed to may be called by the Speaker to
receive action on final passage; however, a bill may not receive
action on final passage until at least three hours have elapsed
from the time the bill and its amendatory language was available
to the public, unless the amendment was a technical amendment
permitted under the first paragraph of this rule or an
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affirmative vote of 2/3 of the members elected to the House
indicates that they have had sufficient time to review the
language of the bill and thereby approve proceeding with the
bill. Upon being called to receive action on final passage, the
title and a brief description of a bill shall be read. A bill on
final passage shall not be subject to amendment, but shall be
subject to debate. At the conclusion of debate, the Speaker
shall then state the question as follows:
"This bill has been considered on three different days and
agreed to and is now on final passage. The question is, shall
the bill pass finally? Agreeable to the provision of the
Constitution, the yeas and nays will now be taken." When more
than one bill shall be called for action on final passage at the
same time, prior to voting, the title or a brief analysis of
each bill shall be read. The Speaker shall then state the
question as follows: "These bills have been considered on three
different days and agreed to and are now on final passage. The
question is, shall the bills on the uncontested calendar pass
finally? Agreeable to the provision of the Constitution, the
yeas and nays will now be taken."
RULE 25
(Reserved)
RULE 26
Reconsideration
A motion to reconsider the vote by which a bill, resolution
or other matter was passed or defeated shall be made in writing
and filed by two members. The motion shall be in order only
under the order of business in which the vote proposed to be
reconsidered occurred and shall be decided on a roll-call vote
by a majority vote. No motion to reconsider shall be in order
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when the bill, resolution or other matter is no longer in the
possession of or is not properly before the House.
A motion to reconsider any such vote must be filed on the
same day on which the initial vote was taken or within the
succeeding five days in which the House is in session, provided
such bill, resolution or other matter is still in the possession
of or is properly before the House.
When a motion to reconsider any such vote is filed within the
aforesaid time limits, put before the House by the Speaker and
decided by the affirmative vote prescribed herein, the question
recurs on the bill, resolution or other matter reconsidered.
Where a bill, resolution or other matter has been initially
defeated and a motion to reconsider is not timely made, then
such bill, resolution or other matter shall carry the status of
"defeated finally" and not properly before the House.
Therefore, it shall not be in order to entertain a motion to
reconsider any such vote.
Where a timely made motion to reconsider is lost, it shall
not be in order to again entertain a motion to reconsider any
such vote, even though such second motion to reconsider is
timely made.
The vote on a bill or resolution recalled from the Governor
may be reconsidered at any time after the bill or resolution has
been returned to the House.
No bill, resolution or other matter may be reconsidered more
than twice on the same legislative day.
RULE 27
Amendments
No bill shall be amended so as to change its original purpose
(Constitution, Article III, Section 1) or amended so as to go
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beyond the subject contained in the Governor's Proclamation of a
Special and Extraordinary Session issued January 6, 2023.
No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment.
Any member may move to amend a bill or resolution, provided
the proposed amendment is germane to the subject. Questions
involving whether an amendment is germane to the subject shall
be decided by the House.
No amendment to an amendment shall be admitted nor
considered.
The sponsor of an amendment shall explain the amendment prior
to consideration by the House. Before consideration, six
typewritten copies of a proposed amendment signed by its sponsor
shall be submitted to the Office of the Chief Clerk, one copy of
which shall be delivered to the news media and a printed copy in
typewritten form prepared by the Legislative Reference Bureau
shall be placed on the desk of each member if the amendment is
not available on the Legislative Data Processing floor system.
Amendments adopted or defeated may not be considered again
without first reconsidering the vote.
RULE 28
Bills Amending Existing Law
Bills amending existing law shall indicate present language
to be omitted by placing it within brackets and new language to
be inserted by underscoring. (Constitution, Article III, Section
6).
RULE 29
Form for Printing Amendments
In printing amendments to bills and resolutions, all new
matter added shall be in CAPITAL LETTERS, and matter to be
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eliminated shall be indicated by strike-out type.
In reprinting House bills previously amended by the House and
in reprinting Senate bills previously amended by the Senate, but
not in Senate bills previously amended by the House, all matters
appearing in strike-out type shall be dropped from the new print
and all matter appearing in CAPITAL LETTERS shall be reset in
lower case Roman type.
RULE 30
Bills Amended by the Senate
When a bill or joint resolution has been amended by the
Senate and returned to the House for concurrence, it shall be
referred automatically to the Committee immediately upon the
reading of the message from the Senate by the Clerk. The
consideration of any bill or joint resolution containing Senate
amendments may include amendments by the Committee. The vote on
concurring in amendments by the House to bills or joint
resolutions amended by the Senate shall not be taken until said
bills or joint resolutions have been favorably reported, as
committed or as amended, by the Committee. When said bill or
joint resolution has been favorably reported by the Committee,
either as committed or as amended, said bill or joint resolution
shall be placed on the calendar. When acting on bills or joint
resolutions amended by the Senate, the bill and the amendments
shall be read and the question put on the concurrence in all
amendments to the bill since it was last considered by the
House. Any two members may object to the report of any bill or
joint resolution containing amendments by the Committee. The
objection must be raised prior to the bill or joint resolution
being put to a roll call vote. The question shall be decided by
a vote of two-thirds of all the members elected to the House. If
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the House rejects the report of any such bill or joint
resolution, the bill or joint resolution shall be automatically
returned to the Committee as last passed by the Senate. The
House shall not consider any proposed amendment to any amendment
made by the Senate to a bill or joint resolution, nor consider
any amendment to any amendment made by the Committee. A majority
vote of the members elected to the House taken by yeas and nays
shall be required to concur in amendments made by the Senate,
except for appropriations to charitable and educational
institutions not under the absolute control of the Commonwealth,
where a vote of two-thirds of all the members elected to the
House shall be required to concur. (Constitution, Article III,
Sections 5 and 30).
Unless the Leaders shall agree otherwise, the offering of an
amendment in the Committee shall not be in order until at least
one hour after the filing of a copy of the amendment as prepared
by the Legislative Reference Bureau with the office of the Chief
Clerk. Upon the filing of such an amendment, the Chief Clerk
shall immediately time stamp the amendment and forthwith forward
a timestamped copy of the amendment to the offices of the
Leaders. Except as provided under this paragraph, it shall not
be in order to suspend or otherwise waive the requirements of
this paragraph.
RULE 31
Bills Vetoed by the Governor
When the Governor has returned a bill to the House with
objections, the veto message shall be read and the House shall
proceed to reconsider it. (Constitution, Article IV, Section
15).
RULE 32
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(Reserved)
RULE 33
Special Legislation
No local or special bill shall be passed by the House unless
notice of the intention to apply therefor has been published in
the locality where the matter or the thing to be affected may be
situated, which notice shall be at least 30 days prior to the
introduction into the General Assembly of such bill and in the
manner provided by law; the evidence of such notice having been
published shall be exhibited in the General Assembly before the
act shall be passed. (Constitution, Article III, Section 7).
No local or special bill shall be considered in violation of
Article III, Section 32, of the Constitution.
RULE 34
(Reserved)
RULE 35
House and Concurrent Resolutions
Members introducing resolutions other than concurrent
resolutions shall file five copies thereof; seven copies of
concurrent resolutions shall be filed. All resolutions shall be
signed by their sponsors, dated and filed with the Chief Clerk.
After being numbered, one copy of all resolutions shall be given
to the news media and all other copies delivered to the Speaker.
A sponsor may not be added or withdrawn after a resolution has
been printed.
Resolutions may not be withdrawn after reference to a
committee.
The Speaker shall refer House resolutions (except discharge
resolutions) and Senate resolutions presented to the House for
concurrence to the Committee.
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A House resolution other than a concurrent or joint
resolution shall not:
(a) recognize or designate a day or other period of time
which is not a Federal or Pennsylvania state holiday for any
purpose;
(b) encourage action on a public issue unless either the
resolution has legal force or effect concerning such action or
such action would be taken by a public body;
(c) congratulate individuals or entities for achievements;
or
(d) be offered for any non-legislative purpose or function.
The Speaker shall report to the House when resolutions have
been referred to the Committee, either on the day introduced or
received or the next two legislative days the House is in
session.
A resolution introduced in the House and referred to the
Committee shall be printed and placed in the House files.
When a resolution (House or Senate) is reported from the
Committee, it shall be placed on the calendar and may be called
up by a member for consideration by the House under the order of
business of resolutions. A House resolution other than a
concurrent or joint resolution shall be adopted by a majority of
the members voting.
RULE 36
Privileged Resolutions
Resolutions privileged for the immediate consideration of the
House are those:
(1) Recalling from or returning bills to the Governor.
(2) Recalling from or returning bills to the Senate.
(3) Originating from the Committee.
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(4) Providing for a Joint Session of the Senate and House
and its procedure.
(5) Placing bills negatived by the Committee on the
calendar.
(6) Adjournment or recess.
RULE 37
(Reserved)
RULE 38
(Reserved)
RULE 39
(Reserved)
RULE 40
Messages
Messages from the Senate and communications from the Governor
shall be received and read in the House within one legislative
day thereafter.
All House and Senate bills shall be delivered to the Senate
with appropriate messages no later than the close of the next
legislative day of the Senate which follows the fifth
legislative day after which the House acted on such bill.
All House bills returned by the Senate after final passage
therein without amendment, and all conference committee reports
on House bills received from the Senate and adopted by the
House, shall be signed by the Speaker within one legislative day
after receipt or adoption, respectively, and shall be delivered
to the Senate before the close of the next legislative day of
the Senate.
All House bills and all conference committee reports on House
bills signed by the Speaker shall be delivered to the Governor
within 24 hours after return from the Senate with the signature
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of the appropriate Senate officer.
RULE 41
(Reserved)
RULE 42
(Reserved)
RULE 43
Committee to Provide Justice to Otherwise
Barred Victims of Childhood Sexual Abuse
There shall be one committee established, known as the
Committee to Provide Justice to Otherwise Barred Victims of
Childhood Sexual Abuse whose members shall be appointed by the
Speaker under Rule 44.
RULE 44
Organization of Committee
The Committee shall consist of five members, including the
Democratic and Republican leaders or their designees, the
Democratic and Republican Chairs of the Committee on
Appropriations or their designees, and a fifth member appointed
by the Speaker who shall serve as chair of the Committee. The
Speaker may not be appointed to the Committee. The Speaker shall
designate a secretary of the Committee from among the members of
the Committee. The membership of the Committee shall first meet
upon the call of its chair and perfect its organization. A
majority of the members to which the Committee is entitled shall
constitute a quorum for it to proceed to business. The Committee
shall have the power to promulgate rules not inconsistent with
these rules which may be necessary for the orderly conduct of
its business.
RULE 45
Powers and Duties of Committee
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The chair of the Committee shall schedule meetings for the
transaction of business before the Committee. The chair of the
Committee shall notify all members, at least 24 hours in advance
of the date, time and place of regular meetings, and, insofar as
possible, the subjects on the agenda. In addition to regular
meetings, special meetings may be called from time to time by
the chair of the Committee as they deem necessary. No recess or
combination of recesses shall exceed 48 hours for any committee
meeting. The Committee may not meet during any session of the
House without first obtaining permission of the Speaker. During
any such meeting, no vote shall be taken on the Floor of the
House on any amendment, recommittal motion, final passage of any
bill, or any other matter requiring a roll call vote. Any
committee meeting called off the Floor of the House shall meet
in a committee room. In addition to the specific provisions of
this rule, all provisions of 65 Pa.C.S. Ch. 7 (relating to open
meetings) relative to notice of meetings shall be complied with.
At a scheduled meeting, or upon the call of the chair, the
membership of the Committee shall meet to consider any bill,
resolution, or other matter on the agenda. The secretary of the
Committee shall record:
(1) the minutes of the meeting;
(2) all votes taken;
(3) a roll or attendance of members at the committee meeting
showing the names of those present, absent or excused from
attendance, and the chair shall verify by signature all votes
taken and the roll or attendance of those members present,
absent or excused before said records are submitted to the Chief
Clerk; and
(4) dispatch of bills and resolutions before the Committee.
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Such records shall be open to public inspection. On the first
legislative day of each week the House is in session, the chair
of the Committee shall submit to the Chief Clerk for inclusion
in the House Journal only, the roll or record of attendance of
members at the committee meetings held prior thereto and not yet
reported, along with the record of all votes taken at such
meetings. All reports from the Committee shall be prepared in
writing by the secretary of the Committee. Members of the
Committee may prepare in writing and file a minority report,
setting forth the reasons for their dissent. Such committee
reports shall be filed with the Chief Clerk within five days of
the meeting. All meetings at which formal action is taken by the
Committee shall be open to the public, making such reports as
are required under this rule.
Whenever the chair of the Committee shall refuse to call a
regular meeting, then a majority of the members of the Committee
may vote to call a meeting by giving two days' written notice to
the Speaker of the House, setting the time and place for such
meeting. Such notice shall be read in the House and the same
posted by the Chief Clerk in the House Chamber. Thereafter, the
meeting shall be held at the time and place specified in the
notice. In addition, all provisions of 65 Pa.C.S. Ch. 7
(relating to open meetings) relative to notice of meetings shall
be complied with.
Records, bills and other papers in the possession of the
Committee upon final adjournment of the House shall be filed
with the Chief Clerk.
No committee report shall be recognized by the House, unless
the same has been acted upon by a majority vote of the members
of the Committee present at a committee session actually
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assembled and meeting as a committee, provided such majority
vote numbers at least three members, and provided further a
quorum is present.
When the majority of the members of the Committee believe
that a certain bill or resolution in the possession of the
Committee should be considered and acted upon by the Committee,
they may request the chair to include the same as part of the
business of a committee meeting. Upon failure of the chair to
comply with such request, the membership may require that such
bill be considered by written motion made and approved by a
majority vote of the entire membership to which the Committee is
entitled.
RULE 45 (a)
(Reserved)
RULE 46
(Reserved)
RULE 47
Status of Members Indicted or Convicted of a Crime
When an indictment is returned or a charge is filed before a
court of record against a member of the House, and the gravamen
of the indictment or charge is directly related to the member's
conduct as a committee chair or in a position of leadership or
is one which would render the member ineligible to the General
Assembly under section 7 of Article II of the Constitution of
Pennsylvania, the member shall be relieved of committee chair
status or leadership position until the indictment or charge is
disposed of, but the member shall otherwise continue to function
as a Representative, including voting, and shall continue to be
paid.
If, during the same legislative term, the indictment or
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charge is quashed, dismissed or withdrawn, or the court finds
that the member is not guilty of the offense alleged, the member
shall immediately be restored to committee chair status or the
leadership position retroactively from which he or she was
suspended.
Upon a finding or verdict of guilt by a judge or jury, plea
or admission of guilt or plea of nolo contendere of a member of
the House of a crime, the gravamen of which relates to the
member's conduct as a Representative or which would render the
member ineligible to the General Assembly under section 7 of
Article II of the Constitution of Pennsylvania, the
Parliamentarian of the House shall prepare a resolution of
expulsion under the sponsorship of the Speaker or the Leaders.
The resolution shall be printed and placed on the calendar for
the next day of House session.
Upon a finding or verdict of guilt by a judge or jury, plea
or admission of guilt or plea of nolo contendere of a member of
the House of embezzlement of public moneys, bribery or perjury,
and upon imposition of sentence, the member shall no longer be
eligible to serve in the General Assembly.
RULE 48
Conference Committee
All Committees of Conference shall be appointed by the
Speaker and shall be composed of three members, no more than two
coming from the same political party.
The conferees shall confine themselves to the differences
which exist between the House and Senate.
The presentation of reports of Committees of Conference shall
be in order after having been signed by a majority of members of
the Committee of Conference of each House.
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Consideration of a report of a Committee of Conference by the
House shall be in order when it has been printed, placed on the
desks of the members and listed on the calendar.
RULE 49
Committee Action
Whenever a bill, resolution or other matter has been referred
by the Speaker of the House to the Committee, the Committee
shall have full power and control over such bill, resolution or
other matter, except that the Committee shall not change the
subject of the bill nor any amendments adopted by the House.
The recommendations by the committee that a bill or
resolution be reported negatively shall not affect its
consideration by the House. The words "negative recommendation"
shall be printed conspicuously on a line above the title of this
bill.
After a bill is reported out of the Committee, all committee
votes taken with respect to the bill shall be posted on the
Internet as soon as practicable.
RULE 50
Public Hearings
When a proposed bill, resolution or any matter is referred to
the Committee, the Committee shall have full power and authority
to study said bill, resolution or other matter before it, as the
Committee shall determine is necessary to enable it to report
properly to the House thereon. To this end the Committee may, as
hereinafter provided, conduct public hearings. The Committee may
not hold any public hearings without prior approval by a
majority vote of the members of the Committee and the Speaker of
the House. The Speaker of the House shall withhold approval of
public hearings based only on budgetary consideration.
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When a public hearing has been authorized as aforesaid, the
chair of the Committee shall instruct the Chief Clerk to give
written notice thereof to each House Member not less than five
calendar days before the proposed hearings and post the same in
or immediately adjacent to the House Chambers.
Such notice, which shall contain the day, hour and place of
the hearing and the number or numbers of bills or other subject
matter to be considered at such hearing, shall also be given the
supervisor of the news room, and to the news media. In addition,
all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings),
relative to notice of meetings shall be complied with.
Public hearings held by the Committee shall be chaired by the
chair of the Committee, unless absent, in which case an acting
chair shall be selected by the chair.
All public hearings shall be open to the public and
reasonable opportunity to be heard shall be afforded to all
interested parties who have requested an appearance before the
Committee. In addition, it shall be the responsibility of the
Committee in conducting its hearing to request the presentation
of testimony by any person who, in the opinion of the Committee,
is qualified to present pertinent and important testimony.
The Committee shall, so far as practicable, request all
witnesses appearing before it to file written statements of
their proposed testimony. The chair shall have the right to fix
the order of appearance and the time to be allotted to
witnesses. Witnesses may submit brief pertinent statements in
writing for inclusion in the record. The Committee is the sole
judge of the pertinency of testimony and evidence adduced at its
hearings.
The chair, in presiding at such public hearings, shall
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preserve order and decorum, in and adjacent to the committee
room while the hearing is being conducted and shall have the
authority to direct the removal from the committee room of any
person who fails to comply with order and decorum of the
Committee.
Proceedings of all public hearings shall be either
stenographically or electronically recorded. The committee shall
determine which parts of such recorded proceedings, if any,
shall be transcribed and the distribution thereof. Except as
hereinafter provided, no more than four copies of any transcript
shall be made. Such stenographic or electronic records and at
least one copy of any transcription shall be preserved by the
Chief Clerk until authorized to dispose of same by an
affirmative vote of three-quarters of the entire membership of
the Committee and shall be made available to any member upon
written request for the purpose of copying or transcription at
that member's expense. Any transcribed records and any reports
of the Committee shall be filed with the Chief Clerk or his
designee and shall be made available to any person in accordance
with reasonable rules and regulations prescribed by the Chief
Clerk. Upon payment of a reasonable cost to be determined by the
Chief Clerk, a person may obtain a copy of such transcribed
records or reports.
All written testimony and all transcribed testimony at
committee hearings shall be posted on the Internet as soon
thereafter as practicable.
The Chief Clerk shall not make payment of any expenses
incurred as a result of a public hearing without the prior
written approval of the Speaker of the House.
RULE 51
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(Reserved)
RULE 52
Possession of Bills by Committee
When the Committee has ordered that a bill, resolution or
other matter be reported to the House, the member to whom it is
assigned shall make the report thereof to the House either on
the same day or at the next meeting of the House.
Failure of a member to comply with this rule shall be
reported to the House by the Committee, provided the official
copy of the bill, resolution or other matter has not been
obtained. Upon a motion agreed to by the House, a duplicate
certified copy of a House bill, House resolution or other House
matter shall be furnished to the Committee by the Chief Clerk.
The Committee shall not consider a bill, resolution or other
matter which is not in its possession.
When the Committee reports to the House that a House bill,
House resolution or other House matter referred to it is lost,
upon a motion agreed to by the House, a duplicate certified copy
thereof shall be furnished by the Chief Clerk.
If a Senate bill, Senate resolution or other Senate matter
received from the Senate is lost, upon a motion agreed to by the
House, a request shall be made to the Senate to furnish the
House with a duplicate certified copy thereof.
If a bill, resolution or other matter is lost before it has
been referred to the Committee, the fact shall be reported to
the House and the procedure provided by this rule shall be
followed.
RULE 53
Discharge of Committees
A member may present to the Chief Clerk a resolution in
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writing to discharge the Committee from the consideration of a
bill or resolution which has been referred to it 15 legislative
days prior thereto (but only one motion may be presented for
each bill or resolution). The discharge resolution shall be
placed in the custody of the Chief Clerk, who shall arrange some
convenient place for the signature of the members. A signature
may be withdrawn by a member in writing at any time before the
discharge resolution is entered in the Journal. When 25 members
of the House shall have signed the resolution, it shall be
entered in the Journal and the title of the bill or resolution
and the name of the Committee to be discharged shall be printed
on the calendar.
Any member who has signed a discharge resolution which has
been on the calendar at least one legislative day prior thereto
and seeks recognition, shall be recognized for the purpose of
calling up the discharge resolution and the House shall proceed
to its consideration without intervening motion except one
motion to adjourn; however, no discharge resolution shall be
considered during the last six legislative days of any session
of the House. A majority vote of all the members elected to the
House shall be required to agree to a resolution to discharge
the Committee. When any perfected discharge resolution has been
acted upon by the House and defeated it shall not be in order to
entertain during the same session of the House any other
discharge resolution from the Committee of said measure, or from
any other committee of any other bill or resolution
substantially the same, relating in substance to or dealing with
the same subject matter.
RULE 54
Presentation and Withdrawal of Motions
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When a motion which is in order has been made, the Speaker
shall state it or (if it is in writing) cause it to be read by
the Clerk. It shall then be in the possession of the House, but
it may be withdrawn by the maker at any time before decision or
amendment.
The Speaker shall put the question in the following form,
viz: "those in favor of the motion will say 'aye'." After the
affirmative is expressed, "those who are opposed will say 'no'."
All motions, except for the previous question and a motion
for reconsideration, may be made without a second.
No dilatory motion shall be entertained by the Speaker.
RULE 55
Privileged Motions
When a question is under debate or before the House, no
motion shall be received but the following, which shall take
precedence in the order named:
(1) To adjourn, or recess.
(2) To extend session.
(3) A call of the House.
(4) For the previous question.
(5) To lay on the table.
(6) To postpone.
(7) To commit or recommit.
(8) To amend.
Debate on the motion to postpone shall be confined to the
question of the postponement and shall not include discussion of
the main question.
The motion to commit or recommit is open to debate only as to
the reasons for or against reference to the Committee and shall
not include a discussion of the merits of the main question.
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Debate on the motion to amend shall be limited to the
amendment and shall not include the general merits of the main
question.
RULE 56
Adjourn
A motion to adjourn or recess is debatable, cannot be amended
and is always in order, except:
(1) when another member has the floor; or
(2) when the House is voting.
RULE 57
Call of the House
If a question of the absence of a quorum is raised by a
member, the Speaker shall order the Sergeant-at-Arms to close
the doors of the House. No member shall be permitted to leave
the House, except by permission of the House. The names of the
members present shall be recorded and absentees noted. Those for
whom no leave of absence has been granted or no sufficient
excuse is made may, by order of a majority of the members
present, be sent for and taken into custody by the Sergeant-at-
Arms and assistants appointed for that purpose, and brought
before the bar of the House where, unless excused by a majority
of the members present, they shall be censured or punished for
neglect of duty as the House may direct.
Further proceedings under a call of the House may be
dispensed with at any time after the completion of the roll call
and the announcement of the result.
These proceedings shall be without debate, and no motion,
except to adjourn, shall be in order.
RULE 58
Persons Admitted Under a Call of the House
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Members who voluntarily appear during a call of the House
shall be admitted to the House. Upon recognition by the Speaker
they shall announce their presence and their names shall be
recorded on the roll. Officers of the House, accredited
correspondents and employees designated by the Chief Clerk shall
be admitted to the House during a call.
Visitors shall not be admitted to the House after the doors
are closed and until the proceedings under the call are
terminated, but they shall be permitted to leave.
RULE 59
Lay on the Table
A motion to lay on the table is debatable by the Leaders, the
maker of the motion, the maker of the amendment under
consideration and the prime sponsor of the bill under
consideration. It is not subject to amendment and carries with
it the main question and all other pending questions which
adhere to it, except when an appeal is laid on the table. The
passage of a motion to lay an amendment on the table shall not
cause the subject bill or resolution and all other amendments to
be laid on the table.
RULE 60
Motion to Take from the Table
A motion to take from the table a bill or other subject is in
order under the same order of business in which the matter was
laid on the table. It shall be decided without amendment and is
debatable by the Leaders, the maker of the motion, the maker of
the amendment under consideration and the prime sponsor of the
bill under consideration.
RULE 61
Previous Question
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A motion for the previous question, seconded by 20 members
and sustained by a majority of the members present, shall put an
end to all debate and bring the House to an immediate vote on
the question then pending, or the questions on which it has been
ordered.
A motion for the previous question may be made to embrace any
or all pending amendments or motions and to include the passage
or rejection of a bill or resolution.
RULE 62
Call for Yeas and Nays-Reasons for Vote
The yeas and nays of the members on any question shall, at
the desire of any two of them, be entered on the Journal.
(Constitution, Article II, Section 12).
When the Speaker or any member is not satisfied with a voice
vote on a pending question, the Speaker may order a roll call
vote; or, upon request of two members, before the result of the
vote is announced, the Speaker shall order a roll call vote.
A member may submit a written explanation of his or her vote
immediately following the announcement of the result of the vote
and have it printed in the Journal.
RULE 63
Division of a Question
Any member may call for a division of a question by the
House, if it comprehends propositions so distinct and separate
that one being taken away, the other will stand as a complete
proposition for the decision of the House. Bills and resolutions
shall not be subject to division.
RULE 64
Members Required to be Present and Vote
Except as provided in these special session rules, the
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provisions of this rule shall apply.
Every member shall be present within the Hall of the House
during its sittings, unless excused by the House or unavoidably
prevented, and shall vote for or against each question put,
unless he or she has a direct personal or pecuniary interest in
the determination of the question or unless excused.
A member may exit the Hall of the House for brief periods
without being placed on leave to attend to the member's
immediate personal needs. In such instances, the member shall
not leave the vicinity of the Hall of the House in the Capitol
Complex and shall return to the Hall of the House promptly if
requested.
No member shall be permitted to vote and have his or her vote
recorded on the roll unless present in the Hall of the House
during the roll call vote, except that a member may provide
direction for his or her vote if the member is in the vicinity
of the Hall of the House in the Capitol Complex attending to the
member's immediate personal need.
The Legislative Journal shall show the result of each roll
call by yeas and nays and those absent and those not voting.
RULE 64 (a)
Chronic Absenteeism
For purposes of this rule the term "chronic absenteeism"
shall mean the unexcused absence of a representative for a
period of five consecutive legislative days from official
sessions of the House of Representatives or the absence of a
committee member for a period of five consecutive days from a
committee meeting which meeting qualifies as a regular committee
meeting under these special session rules of the House of
Representatives and the Sunshine Law of the Commonwealth.
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Any representative who is absent without excuse from House
sessions for a period of five consecutive legislative days or is
absent for a period of five consecutive committee meetings shall
be deemed a chronic absentee and may, on a vote of the full
House, be held in contempt of this House upon motion of five
members of the House for chronic absence from House sessions and
by motion of three members of the committee to which such
representative is assigned for chronic absence from regularly
scheduled committee meetings.
The term "chronic absenteeism" shall not include:
(1) Absence due to the personal illness or bodily injury of
a representative.
(2) Absence due to personal illness or bodily injury of a
member of the immediate family of the representative.
(3) Death of a member of the immediate family of a
representative.
(4) Absence due to military service.
(5) Any excused absence approved by the House pursuant to
its rules.
RULE 65
Member Having Private Interest
(1) A member who has a personal or private interest in any
measure or bill proposed or pending before the House shall
disclose the fact to the House and shall not vote thereon.
(Constitution, Article III, Section 13).
(2) A member who, for remuneration, represents any
organization required to register under 65 Pa.C.S. Ch. 13A
(relating to lobbying disclosure) shall file a statement of that
fact with the Chief Clerk.
RULE 65 (a)
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Professionals-Legislators
(1) Except as hereinafter provided, any member or employee
of the House or its agencies shall not be retained for
compensation to appear in his or her professional capacity to
represent the interest of any client in any proceeding before
any Commonwealth department, board, agency, bureau or
commission, except that such member or employee is authorized to
represent the interest of a client at any stage of a proceeding
before the Commonwealth or its agencies where such proceeding
was initially taken or brought as a ministerial action, as
defined by this rule, and as originally taken was not initially
adverse in nature to the interest of the Commonwealth or its
agencies.
(2) The provisions of this rule shall not be applicable to
professionals-legislators:
(a) Representing clients on criminal matters before the
courts of this Commonwealth.
(b) Representing clients on civil matters before the courts
of this Commonwealth.
(c) Representing clients in all stages of a proceeding
before the Commonwealth or its agencies which was initially
commenced as a ministerial action. The term "ministerial action"
means and includes any proceeding or action before the
Commonwealth or its agencies where the proceeding, as initially
commenced involved solely:
(i) The uncontested or routine action by the Commonwealth's
administrative officers or employees in issuing or renewing
licenses, charters, certificates or any other documents of a
similar nature; or
(ii) The preparation, filing and review of tax returns and
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supporting documents required by law; or
(iii) The preparation, filing and review of engineering and
architectural plans, drawings, specifications and reports; or
(iv) Any other initially routine or uncontested preparation,
filing, review or other action not enumerated above and
considered and normally handled by the Commonwealth or its
agencies as a ministerial action.
(d) Representing clients in workmen's compensation
proceedings before the bureau, its referees or the Workmen's
Compensation Appeals Board.
(3) This rule shall not apply to the other members of the
firm of such member and/or employee.
RULE 65 (b)
(Reserved)
RULE 66
Electric Roll Call
The names of the members shall be listed on the electric roll
call boards by party affiliation in alphabetical order, except
the name of the Speaker shall be last.
On any question requiring the "yeas" and "nays", the electric
roll call system shall be used. On all other questions to be
voted upon, the Speaker may order the yeas and nays taken by the
electric roll call system or voice vote or, upon demand of two
members before the result of a vote has been declared, the yeas
and nays shall be taken by the electric roll call system.
In the event the electric roll call system is not in
operating order, the Speaker shall order all yea and nay votes
be taken by calling the roll, as provided in the Rules of the
House.
The vote of any member which has not been recorded because of
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mechanical malfunction of the electric roll call system shall be
entered on the Journal, if said member was in the Hall of the
House at the time of the vote and did cast his or her vote at
the appropriate time, and the fact of such malfunction is
reported to the Speaker of the House prior to the announcement
of the result of the vote.
When the House is ready to vote upon any question requiring
the yeas and nays and the vote is to be taken by the electric
roll call system, the Speaker shall state: "The
question .............. (Designating the matter to be voted
upon.)" The Speaker shall then unlock the voting machine and
announce, "The members shall now proceed to vote." Once the
voting has begun, it shall not be interrupted, except for the
purpose of questioning the validity of a member's vote or, if
the voting switch of a member present in the Hall of the House
is locked or otherwise inoperative, a request that such switch
be rendered operative or such members vote be officially
recorded, before the result is announced.
When, in the judgment of the Speaker, reasonable time has
been allowed all members present in the House to vote (in no
event shall such time exceed ten minutes) the Speaker shall ask
the question: "Have all members present voted?" After a pause,
the Speaker shall lock the machine and instruct the Clerk to
record the vote, and the Speaker shall announce the result of
the vote.
No member or other person shall be allowed at the Clerk's
desk while the yeas and nays are being recorded, or the vote
counted.
After the voting machine is locked, no member may change a
vote and the votes of tardy members will not be recorded.
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The vote as electrically recorded on the roll of members
shall not in any manner be altered or changed by any person.
Except as provided in these special session rules, no member
shall vote for another member, nor shall any person not a member
vote for a member.
Any member or other person who willfully tampers with or
attempts to disarrange, deface, impair or destroy in any manner
whatsoever the electrical voting equipment used by the House, or
who instigates, aids or abets with the intent to destroy or
change the record of votes thereon shall be punished in such
manner as the House determines.
A member who has been appointed by the Speaker to preside as
Speaker pro tempore may designate either Whip to cast his or her
vote on any question while presiding in accordance with
instructions from the Chair.
The Chief Clerk shall post all votes by the electric roll
call system on the Internet no later than the close of business
on the day they are made.
A prime sponsor of a bill, the Leaders or a member designated
to act on their behalf may request that the roll call remain
open for the maximum time allowed in accordance with this rule.
During such roll call, no vote shall be recorded unless the
member is at his or her regularly assigned seat.
RULE 67
Verification and Challenge
Upon completion of a roll call and before the result is
announced, if there appears to be need for verification, the
Speaker may direct the Clerk to verify it, or three members may
demand a verification.
Any member may challenge in writing the yea or nay or
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electrically recorded vote of other members. The allegations
made shall be investigated by a committee composed of the
Speaker and a member of each party appointed by the Speaker, who
shall submit a report to the House not later than its next
session. The House shall then decide whether the challenged vote
shall be recorded or not.
If the challenged vote would change the result, the
announcement of the vote shall be postponed until the House
decides the case.
RULE 68
Changing Vote
No member may change a vote, or have a vote recorded after
the result of a roll call vote has been announced, nor after an
affirmative or negative roll has been declared verified.
RULE 69
Journal
The Chief Clerk shall keep a Journal of the proceedings of
the House, which shall be printed and shall be made available to
the members.
The Journal of the proceedings of the last day's session
shall not be read unless so ordered by a majority vote of the
House.
RULE 70
History of House Bills and House Resolutions
A weekly History, showing the title and action on House bills
and the text and action on nonprivileged resolutions, shall be
compiled and indexed under the direction of the Chief Clerk and
shall be printed and placed on each member's desk.
The House History shall include a cumulative index of laws
enacted during the session and the text of vetoes by the
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Governor.
RULE 71
House Calendar
Bills and nonprivileged resolutions reported from the
Committee to the House with an affirmative recommendation shall
be listed on the calendar.
A marked calendar shall be provided to all members on each
legislative day on which votes are scheduled on the calendar.
RULE 72
Journal, Transcribing and Document Rooms
No person, except members and employees of the House having
official business, shall be permitted in the Transcribing, the
Legislative Journal, and the Bills and Documents Rooms of the
House without the consent of the Chief Clerk.
RULE 73
Correspondents
Admission to and administration of the Press Galleries of the
Senate and House of Representatives shall be vested in a
Committee on Correspondents consisting of the President pro
tempore of the Senate, or a designee; the Speaker of the House
of Representatives, or a designee; the Supervisor of the Capitol
Newsroom; the President of the Pennsylvania Legislative
Correspondents' Association, or a designee and the Executive
Director of the Pennsylvania Association of Broadcasters, or a
designee.
Persons desiring admission to the press sections of the
Senate and House of Representatives shall make application to
the Chair of the Committee on Correspondents. Such application
shall state the newspaper, press association or licensed radio
or television station, its location, times of publication or
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hours of broadcasting, and be signed by the applicant.
The Committee on Correspondents shall verify the statements
made in such application, and, if the application is approved by
the Committee on Correspondents, shall issue a correspondent's
card signed by the members of the Committee on Correspondents.
The gallery assigned to newspaper correspondents or
recognized press association correspondents or representatives
of licensed radio and television stations, systems or
newsgathering agencies shall be for their exclusive use and
persons not holding correspondents cards shall not be entitled
to admission thereto. Employees of the General Assembly,
representatives and employees of state departments, boards,
commissions and agencies, visitors and members of the families
of correspondents entitled to admission to the press gallery
shall, at no time, be permitted to occupy the seats or be
entitled to the privileges of the press gallery.
Accredited representatives of newspapers, wire, newsreel
services and licensed radio or television stations, systems or
newsgathering agencies, may be authorized by the Speaker of the
House to take photographs, make audio or video recordings or
tapes, and to broadcast or televise in the House of
Representatives. Applications to take photographs, make audio or
video recordings or tapes, or to broadcast or televise at public
hearings of committees shall be approved by the Committee chair
conducting such hearing. However, the Committee chair conducting
the hearing may make such orders to such representatives as may
be necessary to preserve order and decorum.
No photographs shall be taken nor any recordings or tapes
made, nor any broadcasting or televising done in the House of
Representatives during sessions, being at ease or recessed,
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without prior notice to the Representatives. When possible, such
notice shall be given at the beginning of the session, at ease
or recess, during which the photographs, recordings or taping,
broadcasting or televising are scheduled to be taken or made.
No more than one representative of each newspaper, press
association or licensed radio or television station, system or
newsgathering agency shall be admitted to the press gallery at
one time. Members of the Pennsylvania Legislative
Correspondents' Association and representatives of licensed
radio and television stations, systems or newsgathering
agencies, assigned to the House of Representatives on a daily
basis shall have permanent assigned seating in the press gallery
with identification plates. Visiting representatives of daily
newspapers, press associations, Sunday newspapers as well as
radio and television stations, systems or newsgathering agencies
shall coordinate seating accommodations with the supervisor of
the Capitol Newsroom.
Persons assigned to the press gallery on a permanent or
temporary basis, shall at all times, refrain from loud talking
or causing any disturbance which tends to interrupt the
proceedings of the House of Representatives. Persons assigned to
the press gallery on a permanent or temporary basis shall not
walk onto the floor of the House of Representatives nor approach
the rostrum or the clerks' desks during session or while being
at ease. Persons assigned to the press gallery on a permanent or
temporary basis wishing to confer with a Representative shall
disclose this fact by having a message delivered by a page to
the Representative. Such conversation shall be conducted off the
floor of the House of Representatives.
Representatives of the Pennsylvania Public Broadcasting
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System may, subject to regulations of the Speaker, televise or
make video tapes of proceedings of sessions of the House of
Representatives and meetings of all committees of the House of
Representatives.
RULE 74
Visitors
Visitors shall be admitted to the Hall of the House only when
sponsored by a member. The Chief Clerk shall issue an
appropriate pass to any visitor so sponsored.
Persons admitted to the Hall of the House other than members
and attaches, shall not be permitted to stand while the House is
in session but shall be seated in chairs provided for them. At
no time shall visitors be permitted on the Floor of the House
while the House is in session unless so permitted by the
Speaker.
RULE 75
Lobbyists
No registered lobbyist shall be admitted to the Hall of the
House.
RULE 76
Soliciting Prohibited
No officer or employee of the House shall solicit any member,
other officer or employee of the House for any purpose.
RULE 77
Suspending and Changing Rules
Unless otherwise specified in another rule, any rule provided
herein, which is not required by the Constitution, may be
temporarily suspended at any time for a specific purpose only by
a vote of two-thirds of the members elected to the House by a
roll call vote. If a rule requires a greater majority than a
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two-thirds vote of the members elected to the House to take an
action, that majority greater than two-thirds vote of the
members elected to the House specified in the rule shall be
required to suspend that rule.
A motion to suspend the rules may not be laid on the table,
postponed, committed or amended and may be debated by the
Leaders, the maker of the motion, the maker of the amendment
under consideration and the prime sponsor of the bill under
consideration.
A brief description of the underlying bill or amendment shall
be given whenever a member moves to suspend the rules of the
House in order to consider such bill or amendment.
The existing rules of the House shall not be changed, added
to, modified or deleted except by written resolution and the
same approved by a majority vote of the members elected to the
House by a roll call vote.
Except where such resolution originates with the Committee,
no resolution proposing any change, addition, modification or
deletion to existing House rules shall be considered until such
resolution has been referred to the Committee, reported
therefrom, printed, filed on the desk of each member and placed
on the calendar.
Any proposed change, addition, modification or deletion
offered by a member on the floor of the House to such resolution
shall be considered, in effect, a change, addition, modification
or deletion to existing House rules and shall require for
approval a majority vote of the members by a roll call vote.
RULE 78
Parliamentary Authority
Mason's Manual supplemented by Jefferson's Manual of
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Legislative Procedure shall be the parliamentary authority of
the House, if applicable and not inconsistent with the
Constitution of Pennsylvania, the laws of Pennsylvania
applicable to the General Assembly, the Rules of the House, the
established precedents of the House and the established customs
and usages of the House.
RULE 79
Voting by Designation on the Floor of the House
A member who is not present in the Hall of the House may
designate either party's Whip to cast the member's vote on any
question.
If a designated Whip is on leave, that designated Whip may
appoint another member to cast all votes designated to that
Whip.
A designation, including commencement date, shall be
accomplished by filing an attestation with the Chief Clerk which
identifies either party's Whip as the member's designee when the
member will not be present in the Hall of the House.
A member may revoke the member's designation by notifying the
Chief Clerk in writing of the revocation.
A member voting by designation under this temporary rule
shall be counted in determining whether a quorum is present. A
designation shall be effective until the designation is revoked.
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