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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY EACHUS, FEBRUARY 2, 2009 |
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| REFERRED TO COMMITTEE ON RULES, FEBRUARY 2, 2009 |
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| A RESOLUTION |
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1 | Adopting permanent rules for the House of Representatives, |
2 | further providing for questions of order, for interruption of |
3 | a member who has the floor, for members' and employees' |
4 | expenses, for electronic availability of reports, for time of |
5 | meeting, for general appropriation bill and nonpreferred |
6 | bills, for consideration of bills, for first consideration |
7 | bills, for third consideration and final passage bills, for |
8 | reconsideration, for bills amended by Senate, for standing |
9 | committees and subcommittees, for organization of standing |
10 | committees and subcommittees, for powers and duties of |
11 | standing committees and subcommittees, for ethics committee, |
12 | for privileged motions, for lay on table, for motion to take |
13 | from table and for division of a question. |
14 | RESOLVED, That the Temporary Rules of the House of |
15 | Representatives (2009-2010) be adopted as the Permanent Rules of |
16 | the House of Representatives for the 2009-2010 session of the |
17 | House of Representatives with the following amendments: |
18 | (2009-2010) |
19 | RULES OF THE HOUSE OF REPRESENTATIVES |
20 | Definitions: |
21 | "Day" shall mean any calendar day. |
22 | "Floor of the House" shall be that area within the Hall of |
23 | the House between the Speaker's rostrum and the brass rail |
24 | behind the Members' seats. |
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1 | "Formal Action" shall mean any vote or motion of a member of |
2 | a standing committee, standing subcommittee, select committee or |
3 | rules committee of the House of Representatives to report or not |
4 | report, amend, consider or table a bill or resolution and the |
5 | discussion and debate thereof. |
6 | "Hall of the House" shall be the floor space within its four |
7 | walls and does not include the adjoining conference rooms, the |
8 | lobbies or the upper gallery of the House. |
9 | "Legislative Day" shall mean any day that the House shall be |
10 | in session. |
11 | "Press Gallery" shall be within that area known as the Hall |
12 | of the House as designated by the Speaker. |
13 | "Roll Call Vote" shall be a vote taken and displayed by and |
14 | on the electric roll call board or in the event of a malfunction |
15 | of the electric roll call board, by such method as shall be |
16 | determined by the Speaker. |
17 | RULE 1 |
18 | Speaker Presiding |
19 | The Speaker shall preside over the sessions of the House. The |
20 | Speaker may name a member to preside, but the substitution shall |
21 | not extend beyond an adjournment. The Speaker may appoint a |
22 | member as Speaker pro tempore to act in the Speaker's absence |
23 | for a period not exceeding ten consecutive legislative days. |
24 | As presiding officer and in accordance with Article II § 2 of |
25 | the Constitution of Pennsylvania and the act of June 3, 1937 |
26 | (P.L.1333, No.320), known as the Pennsylvania Election Code, |
27 | within ten days after the occurrence of a vacancy the Speaker |
28 | shall issue a writ for a special election to be held on a date |
29 | which shall occur on or before the date of the first primary, |
30 | municipal or general election which occurs not less than 60 days |
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1 | after the issuance of the writ. The Speaker shall not be |
2 | required to issue a writ of election if the election cannot be |
3 | scheduled until after the general election. |
4 | In case of failure to make an appointment, the House shall |
5 | elect a Speaker pro tempore to act during the absence of the |
6 | Speaker. |
7 | The Speaker pro tempore shall perform all the duties of the |
8 | Chair during the absence of the Speaker. |
9 | RULE 1 (a) |
10 | Equal Opportunity Officer and Advisory Committee |
11 | The Speaker shall designate an Equal Opportunity Officer who |
12 | shall report to the Speaker. There shall be an Equal Opportunity |
13 | Advisory Committee, appointed by the Speaker in consultation |
14 | with the Majority Leader and Minority Leader, to assist the |
15 | Equal Opportunity Officer in developing, recommending and |
16 | implementing equal opportunity employment and procurement |
17 | policies in the House of Representatives. |
18 | RULE 2 |
19 | Taking the Chair |
20 | The Speaker shall take the Chair and call the members to |
21 | order on every legislative day at the hour to which the House |
22 | adjourned at the last sitting. On the appearance of a quorum, |
23 | the Speaker shall proceed to the regular order of business as |
24 | prescribed by the rules of the House. |
25 | RULE 3 |
26 | Order and Decorum |
27 | The Speaker or Presiding Officer shall preserve order and |
28 | decorum. In case of any disturbance or disorderly conduct in the |
29 | galleries or lobbies, the Speaker shall have the power to order |
30 | the same to be cleared. |
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1 | The Speaker or Presiding Officer shall have the right to |
2 | summon Legislative Security Officers to enforce in the |
3 | preservation of order and decorum, and if needed, to summon the |
4 | State Police to assist. |
5 | The Sergeant-at-Arms and Legislative Security Officers under |
6 | the direction of the Speaker or the Presiding Officer shall, |
7 | while the House is in session, maintain order on the floor and |
8 | its adjoining rooms and shall enforce the rule with respect to |
9 | the conduct of members, staff and visitors. |
10 | RULE 4 |
11 | Questions of Order |
12 | The Speaker shall decide all questions of order subject to an |
13 | appeal by two members. The decision of the Speaker shall stand |
14 | as the decision of the House unless so appealed and overturned |
15 | by a majority of the members elected to the House. The Speaker |
16 | may, in the first instance, submit the question to the House. |
17 | Questions involving the constitutionality of any matters shall |
18 | be decided by the House. On questions of order there shall be no |
19 | debate except on an appeal from the decision of the Speaker or |
20 | on reference of a question to the House. In either case, no |
21 | member shall speak more than once except by leave of the House. |
22 | Unless germane to the appeal, a second point of order is not |
23 | in order while an appeal is pending; but, when the appeal is |
24 | disposed of, a second point of order is in order and is subject |
25 | to appeal. |
26 | RULE 5 |
27 | Conference and Select Committee Appointments |
28 | All Committees of Conference shall be appointed by the |
29 | Speaker and shall be composed of three members, two of whom |
30 | shall be selected from the majority party and one from the |
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1 | minority party. |
2 | The Speaker shall appoint the members of select committees, |
3 | unless otherwise ordered by the House. |
4 | RULE 6 |
5 | Signature of the Speaker |
6 | The Speaker shall, in the presence of the House, sign all |
7 | bills and joint resolutions passed by the General Assembly after |
8 | their titles have been publicly read immediately before signing, |
9 | and the fact of signing shall be entered on the Journal. |
10 | Resolutions, addresses, orders, writs, warrants and subpoenas |
11 | issued by order of the House shall be signed by the Speaker and |
12 | attested by the Chief Clerk. |
13 | RULE 7 |
14 | Oath to Employees |
15 | The Chief Clerk shall administer an oath or affirmation to |
16 | the employees of the House that they will severally support, |
17 | obey and defend the Constitution of the United States and the |
18 | Constitution of Pennsylvania, and that they will discharge the |
19 | duties of their offices with fidelity. |
20 | Each employee of the House, after taking the oath of office, |
21 | shall sign the Oath Book in the presence of the Chief Clerk. |
22 | RULE 8 |
23 | Supervision of Hall of the House |
24 | and Committee Rooms |
25 | Subject to the direction of the Speaker, the Chief Clerk |
26 | shall have supervision and control over the Hall of the House, |
27 | the caucus and committee rooms and all other rooms assigned to |
28 | the House. |
29 | During the sessions of the Legislature the Hall of the House |
30 | shall not be used for public or private business other than |
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1 | legislative matters except by consent of the House. During |
2 | periods of recess of the House such use may be authorized by the |
3 | Speaker without the consent of the House. |
4 | RULE 9 |
5 | Decorum |
6 | While the Speaker is putting a question or addressing the |
7 | House and during debate or voting, no member shall disturb |
8 | another by talking or walking up and down or crossing the floor |
9 | of the House. |
10 | RULE 9 (a) |
11 | Smoking |
12 | No smoking of cigarettes, cigars, pipes and other tobacco |
13 | products shall be allowed in the Hall of the House nor in any |
14 | interior area of the Capitol Complex under the control of the |
15 | House of Representatives. |
16 | RULE 10 |
17 | Debate |
18 | When a member desires to address the House, the member shall |
19 | rise and respectfully address the Speaker. Upon being |
20 | recognized, the member may speak, and shall be confined to the |
21 | question under consideration and avoiding personal reflections. |
22 | When two or more members rise at the same time and ask for |
23 | recognition, the Speaker shall designate the member who is |
24 | entitled to the floor. |
25 | No member, except the Majority and Minority Leaders, may |
26 | speak more than twice on any question, without the consent of |
27 | the House. |
28 | With the unanimous consent of the House a member may make a |
29 | statement not exceeding ten minutes in length concerning a |
30 | subject or matter not pending before the House for |
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1 | consideration, providing the Majority and Minority Leaders have |
2 | agreed on a time the member is to ask for recognition. |
3 | RULE 11 |
4 | Interruption of a Member who Has the Floor |
5 | A member who has the floor may not be interrupted, except for |
6 | questions of order, by a motion to extend session or by a motion |
7 | for the previous question. |
8 | A member may yield the floor for questions related to the |
9 | subject before the House. |
10 | RULE 12 |
11 | Personal Privilege |
12 | Any member may by leave of the Speaker rise and explain a |
13 | matter personal to the member, but the member shall not discuss |
14 | a pending question in the explanation. Questions of personal |
15 | privilege shall be limited to questions affecting the rights, |
16 | reputation and conduct of members of the House in their |
17 | respective capacity. |
18 | RULE 13 |
19 | Transgression of House Rules |
20 | If any member in speaking or otherwise transgresses the Rules |
21 | of the House, the Speaker or any member through the Speaker |
22 | shall call the member to order, in which case the member shall |
23 | immediately sit down unless permitted by the House to explain. |
24 | The House upon appeal shall decide the case without debate. |
25 | If the decision is in favor of the member, the member may |
26 | proceed. If the case requires it, the member shall be liable to |
27 | censure or other punishment as the House deems proper. |
28 | RULE 14 |
29 | Members' and Employees' Expenses |
30 | A member who attends a duly called meeting of a standing or |
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1 | special committee of which he or she is a member when the House |
2 | is not in session or who is summoned to the State Capitol or |
3 | elsewhere by the Speaker, or the Majority or Minority Leader of |
4 | the House, to perform legislative services when the House is not |
5 | in session shall be reimbursed per day for each day of service, |
6 | plus mileage to and from the member's residence, at such rates |
7 | as are established from time to time by the Committee on Rules |
8 | but not in excess of the applicable maximum mileage rate |
9 | authorized by the Federal Government. For travel to any location |
10 | for committee meetings or for travel to the State Capitol for |
11 | any reason, members cannot receive reimbursement in excess of |
12 | the applicable maximum per diem rate authorized by the Federal |
13 | Government. These expenses shall be paid by the Chief Clerk from |
14 | appropriation accounts under the Chief Clerk's exclusive control |
15 | and jurisdiction, upon a written request approved by the Speaker |
16 | of the House, or the Majority or the Minority Leader of the |
17 | House. |
18 | An employee of the House summoned by the Speaker or the |
19 | Majority or Minority Leader of the House to perform legislative |
20 | services outside of Harrisburg shall be reimbursed for actual |
21 | expenses and mileage to and from the employee's residence. Such |
22 | expenses may be paid by the Speaker, Majority or Minority |
23 | Leader, if they agree to do so, or shall be paid by the Chief |
24 | Clerk from appropriation accounts under the Chief Clerk's |
25 | exclusive control and jurisdiction, upon a written request |
26 | approved by the Speaker, or the Majority or the Minority Leader. |
27 | District office employees are only permitted to be reimbursed |
28 | from an account under the control of the Chief Clerk when |
29 | traveling to Harrisburg for a training program sponsored by |
30 | either caucus or for travel to a legislative conference approved |
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1 | by the Speaker, the Majority Leader or the Minority Leader. All |
2 | other travel by district office employees may be reimbursed from |
3 | the member's accountable expenses or an account under the |
4 | control of the Speaker, the Majority Leader or the Minority |
5 | Leader. |
6 | Members and employees traveling outside the Commonwealth of |
7 | Pennsylvania who receive any reimbursement for expenses or |
8 | travel which reimbursement is from public funds shall file with |
9 | the Chief Clerk a statement containing his or her name and the |
10 | name, place, date and the purpose of the function. |
11 | Money appropriated specifically to and allocated under a |
12 | specific symbol number for allowable expenses of members of the |
13 | House of Representatives shall be reimbursed to each member upon |
14 | submission of vouchers and any required documentation by each |
15 | member on forms prepared by the Chief Clerk of the House. No |
16 | reimbursement shall be made from this account where a member is |
17 | directly reimbursed for the same purpose from any other |
18 | appropriation account. |
19 | Such allowable expenses of members may be used for any |
20 | legislative purpose or function, including but not limited to |
21 | the following: |
22 | (1) Travel expense on legislative business. |
23 | (a) Mileage on session or nonsession days at a rate as |
24 | may be approved from time to time by the Committee on Rules, |
25 | but not in excess of the maximum mileage rate authorized by |
26 | the Federal Government for travel; voucher only. |
27 | (b) Miscellaneous transportation on legislative business |
28 | (taxi, airport limousine parking, tolls), and expenses of a |
29 | similar nature; voucher only for any single expense not in |
30 | excess of $10. |
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1 | (c) Travel on legislative business by common carrier |
2 | other than taxi and airport limousine; voucher and receipt |
3 | from common carrier. |
4 | (d) Car rental; voucher and receipt from rental agency |
5 | but reimbursement not to exceed in any month an amount as may |
6 | be approved from time to time by the Committee on Rules. Any |
7 | amount in excess of the said amount shall be paid by the |
8 | person renting the car. In no event shall other than American |
9 | manufactured cars be rented. |
10 | (e) Lodging, restaurant charges and other miscellaneous |
11 | and incidental expenses while away from home. Vouchers only |
12 | for per diem allowance approved from time to time by the |
13 | Committee on Rules, but not in excess of the applicable |
14 | maximum per diem rate authorized by the Federal Government or |
15 | for actual expenses not in excess of such per diem rate. |
16 | (2) Administrative, clerical and professional services for |
17 | legislative business, except for employment of spouses or any |
18 | relatives, by blood or marriage. |
19 | (a) Administrative and clerical services; voucher and |
20 | receipt from person employed. |
21 | (b) Professional services; voucher and receipt and copy |
22 | of agreement or contract of employment. |
23 | (3) Rent for legislative office space; purchase of office |
24 | supplies; postage; telephone and answering services; printing |
25 | services and rental only of office equipment; voucher and |
26 | vendor's receipt, except for postage expense. No reimbursement |
27 | or expenditure shall be made out of any appropriation account |
28 | for any mass mailing including a bulk rate mailing made at the |
29 | direction or on behalf of any member which is mailed or |
30 | delivered to a postal facility within 60 days immediately |
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1 | preceding any primary or election at which said member is a |
2 | candidate for public office. |
3 | Mass mailing shall mean a newsletter or similar mailing of |
4 | more than 50 pieces in which the content of the matter is |
5 | substantially identical. Nothing in this rule shall apply to any |
6 | mailing which is in direct response to inquiries or requests |
7 | from persons to whom matter is mailed, which is addressed to |
8 | colleagues in the General Assembly or other government officials |
9 | or which consists entirely of news releases to the |
10 | communications media. |
11 | (4) Official entertainment─restaurant and beverage charges; |
12 | voucher only for expenses. Receipts for entertainment expenses, |
13 | together with a statement of the reason for the expense, shall |
14 | be submitted with the request for reimbursement. |
15 | (5) Purchase of flags, plaques, publications, photographic |
16 | services, books, and other similar items in connection with |
17 | legislative activities; voucher and vendor's receipt. |
18 | (6) Communications and donations in extending |
19 | congratulations or sympathy of illness or death; voucher only on |
20 | expenses not in excess of $35. |
21 | No money appropriated for members' and employees' expenses |
22 | shall be used for contributions to political parties or their |
23 | affiliated organizations or to charitable organizations or for |
24 | charitable advertisements. |
25 | [A member shall not create, maintain or cause to be created |
26 | or maintained a legislative nonprofit organization. A |
27 | "legislative nonprofit organization" means a nonprofit |
28 | corporation or other entity whose primary purpose is to receive |
29 | funds under the General Appropriation Act or another |
30 | appropriations act at the discretion or by reason of the |
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1 | influence of a member for the use at the direction or discretion |
2 | of the member. The Ethics Committee shall issue to any member |
3 | upon such member's request an opinion with respect to such |
4 | member's duties under this rule. The Ethics Committee shall, |
5 | within 14 days, issue the opinion. No member who acts in good |
6 | faith on an opinion issued to that member by the Ethics |
7 | Committee shall be subject to any sanctions for so acting, |
8 | provided that the material facts are as stated in the opinion |
9 | request. The Ethics Committee's opinions shall be public records |
10 | and may from time to time be published. The member requesting |
11 | the opinion may, however, require that the opinion shall contain |
12 | such deletions and changes as shall be necessary to protect the |
13 | identity of the persons involved.] |
14 | No money may be expended within 60 days before a primary |
15 | election or within 60 days before a general election in even- |
16 | numbered years for: |
17 | (i) purchase of or the reimbursement for the purchase of any |
18 | radio or television broadcast time for public service |
19 | announcements that depict the name, voice or image of a member; |
20 | or |
21 | (ii) payment for telemarketing activities on behalf of a |
22 | member. This prohibition shall not apply to limited surveys to |
23 | determine public opinion on various issues. |
24 | Members and employees shall not request reimbursement for the |
25 | private lease of vehicles leased on a long-term basis. No |
26 | payments will be made with respect to private, long-term lease |
27 | vehicle expenses incurred by members or employees except with |
28 | respect to private, long-term lease arrangements entered into by |
29 | a member prior to [the effective date of this rule] March 13, |
30 | 2007, payments for which will be made in accord with the rules |
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1 | in place on [the day before the effective date of this rule] |
2 | March 12, 2007. The Chief Clerk is authorized to enter into a |
3 | master lease agreement with the Department of General Services |
4 | for the long-term lease of automobiles. |
5 | All disbursements made, debts incurred or advancements paid |
6 | from any appropriation account made to the House or to a member |
7 | or nonmember officer under a General Appropriation Act or any |
8 | other appropriation act shall be recorded in a monthly report |
9 | and filed with the Chief Clerk by the person authorized to make |
10 | such disbursement, incur any debt or receive any advancement on |
11 | a form prescribed by the Chief Clerk. |
12 | The Chief Clerk shall prescribe the form of all such reports |
13 | and make such forms available to those persons required to file |
14 | such reports. Such report form shall include: |
15 | (1) As to personnel: |
16 | (a) The name, home address, job title, brief description |
17 | of duties and where they are performed, department or member |
18 | or members to whom assigned, the name of immediate supervisor |
19 | and minimum hours of employment per week of each employee. |
20 | (b) The appropriation account from which such employee |
21 | is compensated, the amount of compensation and whether such |
22 | person is on salary, per diem or contract. |
23 | (2) As to all other expenditures: |
24 | (a) To whom it was paid, the amount thereof, and the |
25 | nature of the goods, services or other purpose for which the |
26 | expenditure was made. |
27 | (b) The appropriation account from which the expenditure |
28 | was made and the name or names of the person or persons |
29 | requesting and/or authorizing the same. |
30 | [A copy of each such report shall also be filed with the |
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1 | Special Committee on Internal Affairs and House Administration |
2 | for use in the performance of its duties under Rule 47(a).] |
3 | The reporting requirements as to personnel may be fulfilled |
4 | by the maintenance in the Office of the Chief Clerk of the House |
5 | of an alphabetized file containing the current information for |
6 | each employee as set forth above. |
7 | All monthly reports filed on disbursements made or debts |
8 | incurred by any officer or member or employee from |
9 | appropriations made to the House or to a member or nonmember |
10 | officer under any General Appropriation Act, and the |
11 | documentation for each disbursement, shall be public information |
12 | and shall be available [for public inspection during regular |
13 | business hours in the office of the Chief Clerk. The Chief Clerk |
14 | shall prescribe reasonable rules and regulations for inspection |
15 | of such reports but in no case shall inspection be denied to any |
16 | person for a period exceeding 48 hours (excluding Saturdays and |
17 | Sundays) from the time a written request has been submitted to |
18 | the Chief Clerk. Photocopies of such reports shall be made |
19 | available upon request to a member at no charge or to the public |
20 | for a duplication fee as may be fixed by the Chief Clerk. Such |
21 | reports shall be made available to a member or to the public on |
22 | or before the last day of the month next succeeding the month in |
23 | which the report was filed] in accordance with the act of |
24 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
25 | All vouchers and requisitions relating to all expenditures, |
26 | expenses, disbursements and other obligations out of all |
27 | appropriated funds of the House, and the documentation |
28 | evidencing payment of the vouchers and requisitions, shall be |
29 | available [for public inspection during regular business hours |
30 | in the office of the Chief Clerk or at such other location |
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1 | within the Capitol as the Chief Clerk shall prescribe. Nothing |
2 | in this rule shall permit release of any information deemed |
3 | confidential, including, but not limited to, a telephone number |
4 | or call history, a credit card number and a Social Security |
5 | number or a Federal or a State tax identification number] in |
6 | accordance with the Right-to-Know Law. |
7 | [All requests to review payroll and independent contractor |
8 | records of the House or any other vouchers or requisitions for |
9 | funds appropriated to the House shall be made to the Chief |
10 | Clerk, in writing, at least three working days prior to the date |
11 | on which the review is requested. The request shall be signed by |
12 | the party who will be making the review and it shall indicate |
13 | the name of the organization or entity employing such |
14 | individual. The Chief Clerk shall establish a time during normal |
15 | business hours for the review to occur and he shall provide that |
16 | the review shall not interfere with the necessary functioning of |
17 | the Chief Clerk's office.] |
18 | All requests for reimbursement out of any appropriation shall |
19 | be accompanied by a voucher, or other documents where required, |
20 | evidencing payment or approval. All requests for reimbursement |
21 | out of any appropriation payable to a member, nonmember officer |
22 | or employee shall be void if not submitted within 90 days of the |
23 | date that the otherwise allowable expense is incurred for any |
24 | and all otherwise allowable expenses, including without |
25 | limitation, per diem, mileage and actual expenses incurred. Any |
26 | such void request for reimbursement may not be paid except |
27 | pursuant to a motion to suspend this rule for good cause |
28 | specific to the voided request for reimbursement. The voucher |
29 | form shall be approved and supplied by the Chief Clerk. Receipts |
30 | or documentation of every expenditure or disbursement which is |
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1 | in excess of the maximum amount as set forth herein shall be |
2 | attached to the voucher. Where a request for payment is made in |
3 | advance of an expense actually incurred, the Chief Clerk, before |
4 | making such advance payment shall require a description |
5 | satisfactory to the Chief Clerk of the item or service to be |
6 | purchased or the expense to be incurred, and a receipt or other |
7 | documentation shall be given to the Chief Clerk after the item |
8 | or service has been purchased or expense incurred as evidence |
9 | that such advancement was in fact expended for such purpose. |
10 | All reports, vouchers and receipts from which reports are |
11 | prepared and filed shall be retained by the Chief Clerk, officer |
12 | or member, as the case may be, for such period of time as may be |
13 | necessary to enable the Legislative Audit Advisory Commission |
14 | created pursuant to the act of June 30, 1970 (P.L.442, No.151), |
15 | entitled "An act implementing the provisions of Article VIII, |
16 | section 10 of the Constitution of Pennsylvania, by designating |
17 | the Commonwealth officers who shall be charged with the function |
18 | of auditing the financial transactions after the occurrence |
19 | thereof of the Legislative and Judicial branches of the |
20 | government of the Commonwealth, establishing a Legislative Audit |
21 | Advisory Commission, and imposing certain powers and duties on |
22 | such commission," to conduct, through certified public |
23 | accountants appointed by it, annual audits to assure that such |
24 | disbursements made or debts incurred were in accordance with |
25 | Legislative Audit Advisory Commission guidelines and standards |
26 | as approved by the Committee on Rules, or for a minimum of three |
27 | years, whichever is longer. All annual audit reports shall be |
28 | available for public inspection. Photocopies of such reports |
29 | shall be available for a fee established by the Chief Clerk not |
30 | to exceed the cost of duplication. |
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1 | Except as specifically prohibited by law or limited by this |
2 | rule, all expenditures of funds appropriated to the House or to |
3 | a member or nonmember officer shall be subject to the |
4 | expenditure guidelines established by the Rules Committee. The |
5 | Rules Committee shall establish standards regarding |
6 | documentation evidencing payment out of any appropriations |
7 | account made to the House or to a member or nonmember officer. |
8 | The Bipartisan Management Committee shall receive and review |
9 | suggestions from the Comptroller on ways to reduce costs and |
10 | improve the fiscal operations of the House. The Comptroller, |
11 | following authorization by the Bipartisan Management Committee, |
12 | shall implement cost-reducing and other new measures to improve |
13 | the fiscal operations of the House. |
14 | RULE 14 (a) |
15 | Employee Payroll Information |
16 | In accordance with the act of January 10, 1968 (1967 P.L.925, |
17 | No.417), referred to as the Legislative Officers and Employes |
18 | Law, the Chief Clerk shall compile, annually, on or prior to the |
19 | first day of February of each year, a complete list of employees |
20 | of the House of Representatives. The list shall include the full |
21 | name, job title, work address and name of immediate supervisor |
22 | of every employee of the House of Representatives and shall |
23 | include such information for every person employed for any |
24 | period of time during the preceding 12 months. In addition to |
25 | the information required under the Legislative Officers and |
26 | Employes Law, the list shall include the payroll wage |
27 | information for those House employees paid during the preceding |
28 | calendar year. The list shall be available for public inspection |
29 | in the Office of the Chief Clerk during regular business hours. |
30 | RULE 14 (b) |
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1 | Electronic Availability of Reports |
2 | In addition to the other methods of availability under Rule |
3 | 14, all expense reports existing in electronic form shall be |
4 | provided electronically by the Chief Clerk upon request. |
5 | RULE 15 |
6 | Time of Meeting |
7 | The House shall convene on the first legislative day of the |
8 | week at 1:00 P.M. prevailing time, unless otherwise ordered by a |
9 | roll call vote of the majority of those elected to the House. |
10 | On other days the House shall convene at the discretion of |
11 | the House. No session of the House may begin before 8:00 A.M. |
12 | nor [end] may any roll call votes be taken after 11:00 P.M. |
13 | unless exigent circumstances exist, as determined by an |
14 | affirmative vote of three-fourths of the members elected to the |
15 | House, by a roll call vote on a motion to extend session. A |
16 | motion to extend session may be made to extend session generally |
17 | or to conclude business on a specific question or questions. If |
18 | a motion to extend session is made prior to 10:15 P.M. and a |
19 | roll call vote has not been ordered, the arrival of 10:45 P.M. |
20 | shall put an end to all debate and shall bring the House to an |
21 | immediate roll call vote on the question to extend session. |
22 | Nothing in this rule shall prevent the House from conducting |
23 | administrative matters, including the making of announcements |
24 | regarding the House schedule for the benefit of members or in |
25 | order to comply with 65 Pa.C.S. § 709 (relating to public |
26 | notice) after 11:00 P.M. Upon the Speaker's determination that |
27 | all administrative matters are concluded, the Speaker shall |
28 | adjourn the House. |
29 | RULE 16 |
30 | Quorum |
|
1 | A majority of the members shall constitute a quorum, but a |
2 | smaller number may adjourn from day to day and compel the |
3 | attendance of absent members. (Constitution, Article II, Section |
4 | 10). |
5 | When less than a quorum vote on any question, the Speaker |
6 | shall forthwith order the doors of the House closed and the |
7 | names of the members present shall be recorded. If it is |
8 | ascertained a quorum is present, either by answering to their |
9 | names or by their presence in the House, the Speaker shall again |
10 | order the yeas and nays. If any member present refuses to vote, |
11 | refusal shall be deemed a contempt. Unless purged, the House may |
12 | order the Sergeant-at-Arms to remove the member or members |
13 | without the bar of the House. All privileges of membership shall |
14 | be refused the member or members so offending until the contempt |
15 | is purged. |
16 | RULE 17 |
17 | Order of Business |
18 | The daily order of business shall be: |
19 | (1) Prayer by the Chaplain. |
20 | (2) Pledge of Allegiance. |
21 | (3) Correction and approval of the Journal. |
22 | (4) Leaves of absence. |
23 | (5) Master Roll Call. |
24 | (6) Reports of Committee. |
25 | (7) First consideration bills. |
26 | (8) Second consideration bills. |
27 | (9) Third consideration bills, final passage bills |
28 | (including both third consideration and final passage postponed |
29 | bills) and resolutions. |
30 | (10) Final passage bills recalled from the Governor. |
|
1 | (11) Messages from the Senate and communications from the |
2 | Governor. |
3 | (12) Reference to appropriate committees of bills, |
4 | resolutions, petitions, memorials, remonstrances and other |
5 | papers. |
6 | (13) Unfinished business on the Speaker's table. |
7 | (14) Announcements. |
8 | (15) Adjournment. |
9 | Any question may, by a majority vote of the members elected, |
10 | be made a special order of business. When the time arrives for |
11 | its consideration, the Speaker shall lay the special order of |
12 | business before the House. |
13 | In lieu of offering House Resolutions on topics of importance |
14 | to members, any member, without unanimous consent, may address |
15 | the House on such issue and have his or her remarks entered into |
16 | the record during a special period of time established each week |
17 | by the Speaker at the conclusion of House business on a specific |
18 | day. |
19 | RULE 18 |
20 | Introduction and Printing of Bills |
21 | Bills shall be introduced in quadruplicate, signed and dated |
22 | by each member who is a sponsor of the bill, and filed with the |
23 | Chief Clerk on any day that the offices of the House of |
24 | Representatives are open for business. A sponsor may be added or |
25 | withdrawn upon written notice to the Speaker, Majority Leader, |
26 | Minority Leader and the prime sponsor. In the case of |
27 | withdrawals, the names shall be withdrawn if and when the bill |
28 | is reprinted. Additional sponsors may be added only by the prime |
29 | sponsor by providing written notice to the Speaker, Majority |
30 | Leader and Minority Leader. |
|
1 | Bills introduced when received at the Chief Clerk's desk |
2 | shall be numbered consecutively and delivered to the Speaker, |
3 | who shall refer each bill to an appropriate committee on any day |
4 | whether or not the House is in session. If the resolution |
5 | creating a select committee authorizes the referral of bills to |
6 | that committee, the Speaker may refer bills, within the scope of |
7 | the resolution, to such select committee. Insofar as applicable, |
8 | the select committee shall consider and report bills in |
9 | accordance with the rules governing the consideration and |
10 | reporting of bills by standing committees. The Speaker shall |
11 | report to the House the committees to which bills have been |
12 | referred, either on the day introduced or received or on the |
13 | next two legislative days the House is in session, unless the |
14 | House is in recess for more than four consecutive days in which |
15 | case the Speaker shall provide a list to the Majority Leader and |
16 | the Minority Leader, within two calendar days, of all bills |
17 | which were referred during such period when the House was not in |
18 | session. |
19 | If the Speaker neglects or refuses to refer to committee any |
20 | bill or bills (whether House or Senate) as above after |
21 | introduction or presentation by the Senate for concurrence, any |
22 | member may move for the reference of the bill to an appropriate |
23 | committee. If the motion is carried, said bill or bills shall be |
24 | immediately surrendered by the Speaker to the committee |
25 | designated in said motion. |
26 | The first copy of each bill introduced shall be for the |
27 | committee, the second copy shall be for the printer, the third |
28 | copy shall be for the news media and the fourth copy shall be |
29 | for the Legislative Reference Bureau. |
30 | Every bill, after introduction and reference to committee, |
|
1 | shall be printed and shall also be posted on the Internet with |
2 | the hyperlink to the web page for the members of the House of |
3 | Representatives. |
4 | Bills may not be withdrawn after reference to committee. |
5 | RULE 19 |
6 | Bills Referred to Committees |
7 | No bill shall be considered unless referred to a committee, |
8 | printed for the use of the members and returned therefrom. |
9 | (Constitution, Article III, Section 2). |
10 | RULE 19 (a) |
11 | Fiscal Notes |
12 | (1) No bill, except a General Appropriation bill or any |
13 | amendments thereto, which may require an expenditure of |
14 | Commonwealth funds or funds of any political subdivision or |
15 | which may entail a loss of revenues overall, or to any |
16 | separately established fund shall be given third consideration |
17 | reading on the calendar until it has first been referred to the |
18 | Appropriations Committee for a fiscal note, provided however |
19 | that the Rules Committee may by an affirmative vote of three- |
20 | quarters of the entire membership to which such committee is |
21 | entitled: |
22 | (a) Waive the recommittal to the Appropriations |
23 | Committee and provide that the fiscal note be attached to the |
24 | bill while on the active calendar. The providing of such note |
25 | shall be a priority item for the Appropriations Committee; or |
26 | (b) Waive the necessity of a fiscal note on any bill |
27 | which it deems to have a de minimis fiscal impact or which |
28 | merely authorizes, rather than mandates, an increase in |
29 | expenditures or an action that would result in a loss of |
30 | revenue. |
|
1 | (2) Nothing herein shall preclude any member from moving, at |
2 | the proper time, the recommittal of any bill to the |
3 | Appropriations Committee for a fiscal note. |
4 | (3) The Appropriations Committee shall be limited in its |
5 | consideration of any such bill to the fiscal aspects of the bill |
6 | and shall not consider the substantive merits of the bill nor |
7 | refuse to report any such bill from committee for reasons other |
8 | than fiscal aspects. The fiscal note shall accompany the bill |
9 | and provide the following information in connection with the |
10 | Commonwealth and its political subdivisions: |
11 | (a) The designation of the fund out of which the |
12 | appropriation providing for expenditures under the bill shall |
13 | be made; |
14 | (b) The probable cost of the bill for the fiscal year of |
15 | its enactment; |
16 | (c) A projected cost estimate of the program for each of |
17 | the five succeeding fiscal years; |
18 | (d) The fiscal history of the program for which |
19 | expenditures are to be made; |
20 | (e) The probable loss of revenue from the bill for the |
21 | fiscal year of its enactment; |
22 | (f) A projected loss of revenue estimate from the bill |
23 | for each of the five succeeding fiscal years; |
24 | (g) The line item, if any, of the General Fund, special |
25 | fund or other account out of which expenditures or losses of |
26 | Commonwealth funds shall occur as a result of the bill; |
27 | (h) The recommendation, if any, of the Appropriations |
28 | Committee and the reasons therefor relative to the passage or |
29 | defeat of the bill; and |
30 | (i) A reference to the source of the data from which the |
|
1 | foregoing fiscal information was obtained, and an explanation |
2 | of the basis upon which it is computed. |
3 | (4) No bill which may result in an increase in the |
4 | expenditure of Commonwealth funds shall be given third |
5 | consideration reading on the calendar until the Appropriations |
6 | Committee has certified that provision has been made to |
7 | appropriate funds equal to such increased expenditure. Whenever |
8 | the Appropriations Committee cannot so certify, the bill shall |
9 | be returned to the committee from which it was last reported for |
10 | further consideration and/or amendment. |
11 | (5) No amendment to a bill, concurrences in Senate |
12 | amendments, or adoption of a conference report which may result |
13 | in an increase in the expenditure of Commonwealth funds or those |
14 | of a political subdivision or which may entail a loss of |
15 | revenues in addition to that originally provided for in the bill |
16 | prior to the proposed changes nor any bill requiring a fiscal |
17 | note for which re-referral to the Appropriations Committee has |
18 | been waived by the Rules Committee shall be voted upon until a |
19 | fiscal note is available for distribution to the members with |
20 | respect to such changes or to such bill showing the fiscal |
21 | effect of the changes with respect to the bill, and containing |
22 | the information set forth by subsection (3) of this rule. |
23 | (6) When an amendment or certificate is timely filed with |
24 | the amendment clerk under Rule 21, the amendment or certificate |
25 | shall be forwarded to the Appropriations Committee. Upon receipt |
26 | of an amendment, the Appropriations Committee shall |
27 | automatically prepare a fiscal note. |
28 | (7) In obtaining the information required by these rules, |
29 | the Appropriations Committee may utilize the services of the |
30 | Office of the Budget and any other State agency as may be |
|
1 | necessary. |
2 | (8) Any bill proposing any change relative to the retirement |
3 | system of the Commonwealth or any political subdivision thereof, |
4 | funded in whole or in part out of the public funds of the |
5 | Commonwealth or any political subdivision, shall have attached |
6 | to it an actuarial note. Except for the provisions pertaining to |
7 | the content of fiscal notes as set forth in paragraphs (a) |
8 | through (i) of subsection (3), all the provisions pertaining to |
9 | and procedures required of bills containing fiscal notes, shall, |
10 | where applicable, also be required for bills containing |
11 | actuarial note. The actuarial note shall contain a brief |
12 | explanatory statement or note which shall include a reliable |
13 | estimate of the financial and actuarial effect of the proposed |
14 | change in any such retirement system. |
15 | RULE 19 (b) |
16 | General Appropriation Bill and Non-Preferred Bills |
17 | This rule shall apply to all amendments offered to the |
18 | General Appropriation Bill for each proposed fiscal year |
19 | including any amendments offered to or for supplemental |
20 | appropriations to prior fiscal years contained within the |
21 | General Appropriation Bill, and shall also apply to all |
22 | amendments offered to any non-preferred appropriation bill for |
23 | the same fiscal year. |
24 | Any amendment offered on the floor of the House to the |
25 | General Appropriation Bill that proposes to increase spending of |
26 | State dollars for the Commonwealth's proposed fiscal year or |
27 | prior fiscal years above the levels contained in the General |
28 | Appropriation Bill as reported from the Appropriations Committee |
29 | plus any aggregate if certified each year by the Appropriations |
30 | Committee shall not be in order and may not be considered unless |
|
1 | the same amendment contains sufficient reductions in line items |
2 | of that General Appropriation Bill so that the amendment offered |
3 | does not result in a net increase in the total proposed spending |
4 | contained within the General Appropriation Bill plus any |
5 | aggregate if certified by the Appropriations Committee. |
6 | Any amendment offered on the floor of the House to any non- |
7 | preferred appropriation bill that proposes to increase spending |
8 | of State dollars for the current fiscal year above the levels |
9 | contained in that non-preferred appropriation bill as reported |
10 | from the Appropriations Committee shall not be in order and may |
11 | not be considered unless the same amendment contains sufficient |
12 | reductions in that non-preferred appropriation bill so that the |
13 | amendment offered does not result in a net increase in the total |
14 | proposed spending contained within that non-preferred |
15 | appropriation bill. |
16 | In order to be considered, amendments to the General |
17 | Appropriation Bill must be submitted to the Office of the Chief |
18 | Clerk by 2:00 P.M. of the Monday of the week prior to the |
19 | scheduled vote of the General Appropriation Bill. The |
20 | Appropriations Committee for special and proper reason and by |
21 | majority vote, may waive this deadline. Members shall be |
22 | notified of the scheduled vote on the General Appropriation Bill |
23 | no later than 4:30 P.M. of the Wednesday preceding the above |
24 | noted Monday on which the amendments must be filed to the Bill. |
25 | Rule 21 of the Rules of the House, insofar as it applies to the |
26 | filing deadline for amendments and notice requirements for the |
27 | voting schedule for the General Appropriation Bill, shall not |
28 | apply to this rule. Rule 21 shall, however, apply to the non- |
29 | preferred appropriation bills. |
30 | If the amendment cannot be submitted in accordance with the |
|
1 | provision of the previous paragraph because it is still being |
2 | prepared by the Legislative Reference Bureau, the member must, |
3 | by 2:00 P.M. on the Monday of the week prior to the scheduled |
4 | vote, provide the Office of the Chief Clerk with a statement, |
5 | prepared by the member containing the factual content and exact |
6 | amounts of increases and decreases in line items which would be |
7 | proposed in the amendment, along with certification from the |
8 | Legislative Reference Bureau that the amendment was submitted to |
9 | the Legislative Reference Bureau prior to 2:00 P.M. on the |
10 | aforementioned Monday. This filing deadline does not apply to |
11 | amendments to any non-preferred appropriation bill. |
12 | Debate on any debatable question related to the General |
13 | Appropriation Bill or a nonpreferred appropriation bill shall be |
14 | limited to five minutes each time a member is recognized. On the |
15 | bill a sponsor of an amendment shall be entitled to be |
16 | recognized twice, a maker of a debatable motion shall be |
17 | entitled to be recognized twice, any other members shall be |
18 | entitled to be recognized once. |
19 | [This rule may be temporarily suspended only by two-thirds |
20 | vote of the members elected to the House by a roll call vote.] |
21 | RULE 20 |
22 | Bills Confined to One Subject |
23 | No bill shall be passed containing more than one subject, |
24 | which shall be clearly expressed in its title, except a general |
25 | appropriation bill or a bill codifying or compiling the law or a |
26 | part thereof. (Constitution, Article III, Section 3). |
27 | RULE 21 |
28 | Consideration of Bills |
29 | (a) Every bill and every joint resolution shall be |
30 | considered on three different days. All amendments made thereto |
|
1 | shall be printed for the use of the members before the final |
2 | vote is taken thereon, and before the final vote is taken, upon |
3 | written request addressed to the presiding officer by at least |
4 | 25% of the members elected to the House, any bill shall be read |
5 | at length. No bill shall become law and no joint resolution |
6 | adopted unless, on its final passage, the vote is taken by yeas |
7 | and nays, the names of the persons voting for and against it are |
8 | entered on the Journal, and a majority of the members elected to |
9 | the House is recorded thereon as voting in its favor. |
10 | (Constitution, Article III, Section 4). |
11 | (b) Members shall be notified of bills and resolutions |
12 | scheduled to be voted no later than prior to the close of |
13 | business at 4:30 P.M. of the second legislative day prior to the |
14 | date of second consideration [and prior to the date of third |
15 | consideration] for legislation that has no legal deadline. (The |
16 | General Appropriation Act and non-preferred bills are included |
17 | within the definition of legislation that has no legal |
18 | deadline.) Except as provided in subsection (d), all amendments |
19 | shall be submitted to the Office of the Chief Clerk by 2:00 P.M. |
20 | of the last legislative day preceding the scheduled date of |
21 | second consideration. Members shall be notified of bills |
22 | scheduled to be voted on third consideration. A change in the |
23 | printer's number as a result of third consideration shall not |
24 | require an additional notice of final passage. No vote on final |
25 | passage can occur before the date of the scheduled vote. |
26 | (c) If the amendment cannot be submitted in accordance with |
27 | the above paragraph because it is still being prepared by the |
28 | Legislative Reference Bureau, the member must provide the Office |
29 | of the Chief Clerk with a statement, by the above-noted 2:00 |
30 | P.M. deadline, prepared by the member containing the factual |
|
1 | content of said amendment along with certification from the |
2 | Legislative Reference Bureau that the amendment was submitted to |
3 | the Legislative Reference Bureau for drafting prior to the |
4 | above-noted 2:00 P.M. deadline. |
5 | (d) In cases where an amendment alters a bill so as to |
6 | effectively rule out of order an amendment which was timely |
7 | filed pursuant to the provisions of this rule, a replacement |
8 | amendment may be submitted to the Office of the Chief Clerk |
9 | provided that the subject matter of the replacement amendment is |
10 | not substantially different from the intent of the original |
11 | amendment. The replacement amendment shall be deemed to have met |
12 | the timely filed conditions provided for in this rule. The |
13 | member shall notify the Speaker of the member's intent to file a |
14 | replacement amendment and shall file a certificate with the |
15 | Office of the Chief Clerk. The bill in question may continue to |
16 | receive consideration but shall not be moved to third |
17 | consideration until the replacement amendment is available for a |
18 | vote. If consideration of the bill is delayed to a new |
19 | legislative day due solely to delay in receipt of replacement |
20 | amendments, then only amendments timely filed for the date of |
21 | the originally scheduled vote and replacement amendments shall |
22 | be considered. This limitation on amendments shall not apply to |
23 | the bill in question if consideration of the bill is rescheduled |
24 | beyond the new legislative day. |
25 | (e) [Members shall be notified no later than 24 hours prior |
26 | to the consideration of all bills on concurrence.] A bill may |
27 | not receive action on concurrence until at least 24 hours have |
28 | elapsed from the time the bill and its amendatory language was |
29 | available to the public, unless the amendment was a technical |
30 | amendment as described under the first paragraph of Rule 24 or |
|
1 | an affirmative vote of a majority of the members elected to the |
2 | House indicates they have had sufficient time to review the |
3 | language and thereby approve proceeding with the bill. |
4 | A brief description of every bill on concurrence shall be |
5 | given prior to a vote. Additionally, members shall be notified |
6 | and conference committee reports shall be available to members |
7 | at least 24 hours prior to the adoption of all conference |
8 | committee reports. When these reports are considered on the |
9 | first legislative day of the week, said notice shall be provided |
10 | no later than the close of business on the last business day |
11 | preceding the vote. Notwithstanding notice provided, members |
12 | may, by an affirmative vote of a majority of the members elected |
13 | to the House, indicate that they have had sufficient time to |
14 | review a conference committee report and that they approve |
15 | proceeding with a vote. |
16 | RULE 22 |
17 | First Consideration Bills |
18 | Bills reported from committees shall be considered for the |
19 | first time when reported and shall then be automatically removed |
20 | from the calendar and laid on the table, except House bills |
21 | reported from committees after the first Monday in June until |
22 | the first Monday in September which shall then be automatically |
23 | recommitted to the Committee on Rules. [The] Except as otherwise |
24 | provided, the Rules Committee shall not in any instance have the |
25 | power to amend a bill which has been reported by another |
26 | committee. |
27 | After the first Monday in September, any bill which was |
28 | automatically recommitted to the Committee on Rules pursuant to |
29 | this rule shall automatically be re-reported to the floor of the |
30 | House and laid on the table. |
|
1 | Any bill which was automatically laid on the table pursuant |
2 | to this rule and has remained on the table for 15 legislative |
3 | days shall automatically be removed from the table and returned |
4 | to the calendar for second consideration the next legislative |
5 | day. |
6 | Any bill which was automatically laid on the table pursuant |
7 | to this rule may be removed from the table by motion of the |
8 | Majority Leader, or a designee, acting on a report of the |
9 | Committee on Rules. Such report shall be in writing and a copy |
10 | thereof distributed to each member. Any bill so removed from the |
11 | table shall be placed on the second consideration calendar on |
12 | the legislative day following such removal. Nothing herein shall |
13 | affect the right of any member to make a motion to remove a bill |
14 | from the table. |
15 | Amendments shall not be proposed, nor is any other motion in |
16 | order on first consideration. |
17 | Bills shall not be considered beyond first consideration |
18 | until the latest print thereof is on the desks of the members. |
19 | Any noncontroversial bill, which is defined as any bill, |
20 | other than an appropriations bill, approved by a committee with |
21 | no negative votes or abstentions, and with the approval of the |
22 | Majority Leader and the Minority Leader, shall be placed on an |
23 | uncontested calendar. Bills on the uncontested calendar shall be |
24 | voted upon by a single roll-call vote. Each bill listed on the |
25 | uncontested calendar will be printed separately in the journal |
26 | with the vote recorded on the approval of the uncontested |
27 | calendar as the vote on final passage of each bill contained |
28 | therein. |
29 | If any member should object to the placement of a bill on the |
30 | uncontested calendar, the bill shall be automatically removed |
|
1 | from the uncontested calendar and placed on the regular calendar |
2 | the next legislative day. |
3 | RULE 23 |
4 | Second Consideration Bills |
5 | Bills on second consideration shall be considered in their |
6 | calendar order and shall be subject to amendment. |
7 | No House bill on second consideration shall be considered |
8 | until called up by a member. |
9 | RULE 24 |
10 | Third Consideration and Final Passage Bills |
11 | Bills on third consideration shall be considered in their |
12 | calendar order and shall be subject to amendment only when an |
13 | amendment is necessary to make the document internally |
14 | consistent, to clear up an ambiguity, to correct grammar or to |
15 | correct a drafting error or is necessary for purposes of |
16 | statutory construction. An amendment under this paragraph shall |
17 | not be subject to the filing deadlines under Rule 21. A bill |
18 | having received consideration by the House on three different |
19 | days and having been agreed to may be called by the Speaker to |
20 | receive action on final passage; however, a bill may not receive |
21 | action on final passage until at least 24 hours have elapsed |
22 | from the time the bill [was amended] and its amendatory language |
23 | was available to the public, unless the amendment was a |
24 | technical amendment permitted under the first paragraph of this |
25 | rule or an affirmative vote of a majority of the members elected |
26 | to the House indicates that they have had sufficient time to |
27 | review the language of the bill and thereby approve proceeding |
28 | with the bill. Upon being called to receive action on final |
29 | passage, the title and a brief description of a bill shall be |
30 | read. A bill on final passage shall not be subject to amendment, |
|
1 | but shall be subject to debate. At the conclusion of debate, the |
2 | Speaker shall then state the question as follows: |
3 | "This bill has been considered on three different days and |
4 | agreed to and is now on final passage. The question is, shall |
5 | the bill pass finally? Agreeable to the provision of the |
6 | Constitution, the yeas and nays will now be taken." When more |
7 | than one bill shall be called for action on final passage at the |
8 | same time, prior to voting, the title or a brief analysis of |
9 | each bill shall be read. |
10 | The Speaker shall then state the question as follows: |
11 | "These bills have been considered on three different days and |
12 | agreed to and are now on final passage. The question is, shall |
13 | the bills on the uncontested calendar pass finally? Agreeable to |
14 | the provision of the Constitution, the yeas and nays will now be |
15 | taken." |
16 | RULE 25 |
17 | Defeated Bills |
18 | When a bill or resolution has been defeated by the House, it |
19 | shall not be reintroduced, or, except as provided in Rule 26, be |
20 | reconsidered, nor shall it be in order to consider a similar |
21 | one, or to act on a Senate bill or resolution of like import, |
22 | during the same session. |
23 | RULE 26 |
24 | Reconsideration |
25 | A motion to reconsider the vote by which a bill, resolution |
26 | or other matter was passed or defeated shall be made in writing |
27 | and filed by two members. The motion shall be in order only |
28 | under the order of business in which the vote proposed to be |
29 | reconsidered occurred and shall be decided on a roll-call vote |
30 | by a majority vote. No motion to reconsider shall be in order |
|
1 | when the bill, resolution or other matter is no longer in the |
2 | possession of or is not properly before the House. |
3 | A motion to reconsider any such vote must be [made] filed on |
4 | the same day on which the initial vote was taken or within the |
5 | succeeding five days in which the House is in session, provided |
6 | such bill, resolution or other matter is still in the possession |
7 | of or is properly before the House. |
8 | When a motion to reconsider any such vote is [made] filed |
9 | within the aforesaid time limits, put before the House by the |
10 | Speaker and [is] decided by the affirmative vote prescribed |
11 | herein, the question [immediately] recurs on the bill, |
12 | resolution or other matter reconsidered. |
13 | Where a bill, resolution or other matter has been initially |
14 | defeated and a motion to reconsider is not timely made, then |
15 | such bill, resolution or other matter shall carry the status of |
16 | "defeated finally" and not properly before the House. Therefore, |
17 | it shall not be in order to entertain a motion to reconsider any |
18 | such vote. |
19 | Where a timely made motion to reconsider is lost, it shall |
20 | not be in order to again entertain a motion to reconsider any |
21 | such vote, even though such second motion to reconsider is |
22 | timely made. |
23 | Where a bill, resolution, or other matter has been initially |
24 | defeated, and a timely made motion to reconsider the vote is |
25 | lost, or if no motion to reconsider the vote was timely made, |
26 | then it shall not be in order for the House thereafter to |
27 | receive or consider a new bill, resolution or other matter |
28 | embracing therein a subject or purpose basically identical to or |
29 | of similar import to the subject matter or purpose of the bill, |
30 | resolution or matter initially defeated. |
|
1 | The vote on a bill or resolution recalled from the Governor |
2 | may be reconsidered at any time after the bill or resolution has |
3 | been returned to the House. |
4 | No bill, resolution or other matter may be reconsidered more |
5 | than twice on the same legislative day. |
6 | RULE 27 |
7 | Amendments |
8 | No bill shall be amended so as to change its original |
9 | purpose. (Constitution, Article III, Section 1). |
10 | No motion or proposition on a subject different from that |
11 | under consideration shall be admitted under color of amendment. |
12 | Any member may move to amend a bill or resolution, provided |
13 | the proposed amendment is germane to the subject. Questions |
14 | involving whether an amendment is germane to the subject shall |
15 | be decided by the House. |
16 | No amendment to an amendment shall be admitted nor |
17 | considered. |
18 | The sponsor of an amendment shall explain the amendment prior |
19 | to consideration by the House. |
20 | Before consideration, nine typewritten copies of a proposed |
21 | amendment signed by its sponsor shall be presented to the |
22 | Speaker, one copy of which shall be delivered to the news media |
23 | and a printed copy in typewritten form prepared by the |
24 | Legislative Reference Bureau shall be placed on the desk of each |
25 | member if the amendment is not available on the Legislative Data |
26 | Processing floor system. |
27 | Amendments adopted or defeated may not be considered again |
28 | without first reconsidering the vote. |
29 | RULE 28 |
30 | Bills Amending Existing Law |
|
1 | Bills amending existing law shall indicate present language |
2 | to be omitted by placing it within brackets and new language to |
3 | be inserted by underscoring. (Constitution, Article III, Section |
4 | 6). |
5 | RULE 29 |
6 | Form for Printing Amendments |
7 | In printing amendments to bills and resolutions, all new |
8 | matter added shall be in CAPITAL LETTERS, and matter to be |
9 | eliminated shall be indicated by strike-out type. |
10 | In reprinting House bills previously amended by the House and |
11 | in reprinting Senate bills previously amended by the Senate, but |
12 | not in Senate bills previously amended by the House, all matters |
13 | appearing in strike-out type shall be dropped from the new print |
14 | and all matter appearing in CAPITAL LETTERS shall be reset in |
15 | lower case Roman type. |
16 | RULE 30 |
17 | Bills Amended by the Senate |
18 | When a bill or joint resolution has been amended by the |
19 | Senate and returned to the House for concurrence, it shall be |
20 | referred automatically to the Committee on Rules immediately |
21 | upon the reading of the message from the Senate by the Clerk. |
22 | [The Committee on Rules shall not have the power to amend any |
23 | bill or joint resolution containing Senate amendments, except |
24 | that the Committee on Rules, by a majority vote of the members |
25 | appointed to the committee, may revert to the printer's number |
26 | of the bill or joint resolution which last passed the House.] |
27 | The consideration of any bill or joint resolution containing |
28 | Senate amendments may include the amendment of Senate amendments |
29 | by the Committee on Rules. The vote on concurring in amendments |
30 | by the House to bills or joint resolutions amended by the Senate |
|
1 | shall not be taken until said bills or joint resolutions have |
2 | been favorably reported, as committed or as amended, by the |
3 | Committee on Rules. |
4 | When said bill or joint resolution has been favorably |
5 | reported by the Committee on Rules, either as committed or as |
6 | [last passed the House] amended, said bill or joint resolution |
7 | shall be placed on the calendar. When acting on bills or joint |
8 | resolutions amended by the Senate, the bill and the amendments[, |
9 | if any] shall be read and the question put on the concurrence in |
10 | [the] all amendments to the bill since it was last considered by |
11 | the House. |
12 | Any two members may object to the report of any bill or joint |
13 | resolution [included in a report of] containing Senate |
14 | amendments amended by the Committee on Rules [on the basis that |
15 | the adoption of an amendment to the bill or joint resolution |
16 | exceeded the limitation upon the power of the Committee on Rules |
17 | to amend bills and joint resolutions amended by the Senate]. The |
18 | objection must be raised prior to the bill or joint resolution |
19 | being put to a roll call vote. The question shall be decided by |
20 | a majority vote of the members elected to the House. If the |
21 | House rejects the report of any such bill or joint resolution, |
22 | the bill or joint resolution shall be [deemed reported from the |
23 | Committee on Rules as committed and shall be placed on the |
24 | calendar.] automatically returned to the Committee on Rules as |
25 | last passed by the Senate. |
26 | The House shall not consider any proposed amendment to any |
27 | amendment made by the Senate to a bill or joint resolution, nor |
28 | consider any amendment to any amendment made by the Committee on |
29 | Rules. |
30 | A majority vote of the members elected to the House taken by |
|
1 | yeas and nays shall be required to concur in amendments made by |
2 | the Senate, except for appropriations to charitable and |
3 | educational institutions not under the absolute control of the |
4 | Commonwealth, where a vote of two-thirds of all the members |
5 | elected to the House shall be required to concur. (Constitution, |
6 | Article III, Sections 5 and 30). |
7 | Unless the Majority Leader and the Minority Leader shall |
8 | agree otherwise, the offering of an amendment to Senate |
9 | amendments in the Committee on Rules shall not be in order until |
10 | at least one hour after the filing of a copy of the amendment as |
11 | prepared by the Legislative Reference Bureau with the office of |
12 | the Chief Clerk. Upon the filing of such an amendment, the Chief |
13 | Clerk shall immediately time stamp the amendment and forthwith |
14 | forward a time-stamped copy of the amendment to the offices of |
15 | the Majority Leader and the Minority Leader. Except as provided |
16 | under this subsection, it shall not be in order to suspend or |
17 | otherwise waive the requirements of this subsection. |
18 | RULE 31 |
19 | Bills Vetoed by the Governor |
20 | When the Governor has returned a bill to the House with |
21 | objections, the veto message shall be read and the House shall |
22 | proceed to reconsider it. (Constitution, Article IV, Section |
23 | 15). |
24 | RULE 32 |
25 | Hospital and Home Appropriations or |
26 | Acquiring Lands of the Commonwealth |
27 | No bills appropriating moneys to State-aided hospitals or |
28 | State-aided homes shall be introduced in the House, except such |
29 | as appropriate in single bills the total sum to be appropriated |
30 | to all of the institutions within the same class or group. |
|
1 | Requests for appropriations for particular State-aided hospitals |
2 | or State-aided homes shall be filed with the Chair of the |
3 | Committee on Appropriations on forms to be furnished by the said |
4 | Committee on Appropriations, and shall be signed by the member |
5 | requesting the appropriation. |
6 | No bill granting or conveying Commonwealth lands or taking |
7 | title thereto shall be reported by any committee to the House |
8 | unless there has been filed with the Chief Clerk and the chair |
9 | of the reporting committee a memorandum from the Department of |
10 | General Services indicating the use to which the property is |
11 | presently employed, the full consideration for the transfer, if |
12 | any, a departmental appraisal of the property, including its |
13 | valuation and a list of recorded liens and encumbrances, if any, |
14 | the use to which the property will be employed upon its |
15 | transfer, the date by which the land is needed for its new use, |
16 | and the legislative district or districts in which the land is |
17 | located. The memorandum shall contain a statement by a |
18 | responsible person in the Department of General Services |
19 | indicating whether or not the administration favors the transfer |
20 | which is the subject of the bill under consideration. |
21 | RULE 33 |
22 | Special Legislation |
23 | No local or special bill shall be passed by the House unless |
24 | notice of the intention to apply therefor has been published in |
25 | the locality where the matter or the thing to be affected may be |
26 | situated, which notice shall be at least 30 days prior to the |
27 | introduction into the General Assembly of such bill and in the |
28 | manner provided by law; the evidence of such notice having been |
29 | published shall be exhibited in the General Assembly before the |
30 | act shall be passed. (Constitution, Article III, Section 7). |
|
1 | No local or special bill shall be considered in violation of |
2 | Article III, Section 32, of the Constitution. |
3 | RULE 34 |
4 | Nonpreferred Appropriations |
5 | No bill shall be passed appropriating money to any charitable |
6 | or educational institution not under absolute control of the |
7 | Commonwealth, except by a vote of two-thirds of all members |
8 | elected. (Constitution, Article III, Section 17). |
9 | RULE 35 |
10 | House and Concurrent Resolutions |
11 | Members introducing resolutions other than concurrent |
12 | resolutions shall file five copies thereof; seven copies of |
13 | concurrent resolutions shall be filed. All resolutions shall be |
14 | signed by their sponsors, dated and filed with the Chief Clerk. |
15 | After being numbered, one copy of all resolutions shall be given |
16 | to the news media and all other copies delivered to the Speaker. |
17 | A sponsor may not be added or withdrawn after a resolution has |
18 | been printed. Resolutions may not be withdrawn after reference |
19 | to a committee. |
20 | Unless privileged under Rule 36 for immediate consideration |
21 | or deemed noncontroversial by the Speaker in consultation with |
22 | the Majority Leader and the Minority Leader, the Speaker shall |
23 | refer House resolutions (except discharge resolutions) and |
24 | Senate resolutions presented to the House for concurrence to |
25 | appropriate committees. |
26 | House resolutions deemed noncontroversial by the Speaker, |
27 | including, but not limited to, condolence and congratulatory |
28 | resolutions, shall be considered under the proper order of |
29 | business on the same day as introduced or within two legislative |
30 | days thereafter without being referred to committee. |
|
1 | The Speaker shall report to the House the committees to which |
2 | resolutions have been referred, either on the day introduced or |
3 | received or the next two legislative days the House is in |
4 | session. |
5 | A resolution introduced in the House and referred to |
6 | committee shall be printed and placed in the House files. |
7 | When a resolution (House or Senate) is reported from |
8 | committee, it shall be placed on the calendar and may be called |
9 | up by a member for consideration by the House under the order of |
10 | business of resolutions. A House resolution other than a |
11 | concurrent or joint resolution shall be adopted by a majority of |
12 | the members voting. |
13 | RULE 36 |
14 | Privileged Resolutions |
15 | Resolutions privileged for the immediate consideration of the |
16 | House are those: |
17 | (1) Recalling from or returning bills to the Governor. |
18 | (2) Recalling from or returning bills to the Senate. |
19 | (3) Originated by the Committee on Rules. |
20 | (4) Providing for a Joint Session of the Senate and House |
21 | and its procedure. |
22 | (5) Placing bills negatived by committees on the calendar. |
23 | (6) Adjournment or recess. |
24 | RULE 37 |
25 | Legislative Citation |
26 | A member making a request that a Legislative Citation be |
27 | issued to a particular person or on a specified occasion shall |
28 | provide the Legislative Reference Bureau with the facts |
29 | necessary for the preparation of the citation on a suitable |
30 | form. |
|
1 | The citation request shall be filed with the Chief Clerk and |
2 | automatically referred to the Speaker who may approve and sign |
3 | such citation on behalf of the House of Representatives. |
4 | One original citation shall be issued by the Chief Clerk. |
5 | RULE 38 |
6 | Sine Die and Final Introduction of Bills |
7 | Resolutions fixing the time for adjournment of the General |
8 | Assembly sine die and the last day for introduction of bills in |
9 | the House shall be referred to the Committee on Rules before |
10 | consideration by the House. |
11 | During the period of time between a general election and the |
12 | adjournment of the House of Representatives sine die, Rule 77 |
13 | may not be invoked to suspend Rule 21 or any part of this rule. |
14 | RULE 39 |
15 | Petitions, Remonstrances and Memorials |
16 | Petitions, remonstrances, memorials and other papers |
17 | presented by a member shall be signed, dated and filed with the |
18 | Chief Clerk to be handed to the Speaker for reference to |
19 | appropriate committees. |
20 | The Speaker shall report to the House the committees to which |
21 | petitions, remonstrances, memorials and other papers have been |
22 | referred, not later than the next day the House is in session |
23 | following the day of filing. |
24 | RULE 40 |
25 | Messages |
26 | Messages from the Senate and communications from the Governor |
27 | shall be received and read in the House within one legislative |
28 | day thereafter. |
29 | All House and Senate bills shall be delivered to the Senate |
30 | with appropriate messages no later than the close of the next |
|
1 | legislative day of the Senate which follows the fifth |
2 | legislative day after which the House acted on such bill. |
3 | All House bills returned by the Senate after final passage |
4 | therein without amendment, and all conference committee reports |
5 | on House bills received from the Senate and adopted by the |
6 | House, shall be signed by the Speaker within one legislative day |
7 | after receipt or adoption, respectively, and shall be delivered |
8 | to the Senate before the close of the next legislative day of |
9 | the Senate. |
10 | All House bills and all conference committee reports on House |
11 | bills signed by the Speaker shall be delivered to the Governor |
12 | within 24 hours after return from the Senate with the signature |
13 | of the appropriate Senate officer. |
14 | RULE 41 |
15 | Kind and Rank of Committee |
16 | The Committees of the House shall be of four kinds and rank |
17 | in the order named: |
18 | (1) Committee of the Whole House. |
19 | (2) Standing Committees. |
20 | (3) Select Committees. |
21 | (4) Conference Committees. |
22 | RULE 42 |
23 | Committee of the Whole |
24 | The House may resolve itself into a Committee of the Whole at |
25 | any time on the motion of a member adopted by a majority vote of |
26 | the House. |
27 | In forming the Committee of the Whole, the Speaker shall |
28 | leave the chair, after appointing a Chair to preside. |
29 | The rules of the House shall be observed in the Committee of |
30 | the Whole as far as applicable, except that a member may speak |
|
1 | more than once on the same question. |
2 | A motion to adjourn, to lay on the table, or for the previous |
3 | question cannot be put in the Committee of the Whole; but a |
4 | motion to limit or close debate is permissible. |
5 | A motion that the Committee of the Whole "do now rise and |
6 | report back to the House," shall always be in order, and shall |
7 | be decided without debate. |
8 | Amendments made in the Committee of the Whole shall not be |
9 | read when the Speaker resumes the Chair, unless so ordered by |
10 | the House. |
11 | RULE 43 |
12 | Standing Committees and Subcommittees |
13 | The Committee on Committees shall consist of the Speaker and |
14 | 15 members of the House, ten of whom shall be members of the |
15 | majority party and five of whom shall be members of the minority |
16 | party, whose duty shall be to recommend to the House the names |
17 | of members who are to serve on the standing committees of the |
18 | House. Except for the Speaker, the Majority and Minority |
19 | Leaders, Whips, Caucus Chairs, Caucus Secretaries, Caucus |
20 | Administrators, Policy Chairs and the chairs and minority chairs |
21 | of standing committees, each member shall be entitled to serve |
22 | on not less than two standing committees. |
23 | The Speaker shall appoint the chair and vice-chair of each |
24 | standing committee when such standing committee has no standing |
25 | subcommittees as prescribed herein, except the Committee on |
26 | Appropriations which shall also have a vice-chair appointed by |
27 | the Speaker; when the standing committee has standing |
28 | subcommittees, the Speaker shall appoint a subcommittee chair |
29 | for each standing subcommittee. The Speaker shall appoint a |
30 | secretary for each standing committee. The Minority Leader shall |
|
1 | appoint the minority chair, minority vice-chair and minority |
2 | secretary of each standing committee and the minority |
3 | subcommittee chair for each standing subcommittee. |
4 | Except for members who decline chair status or minority chair |
5 | status in writing or who are barred from serving as a chair or |
6 | minority chair under this rule, the chair and minority chair of |
7 | each standing committee except the Appropriations Committee |
8 | shall be limited only to the members of the applicable caucus |
9 | with the most seniority as members of their respective caucus. |
10 | Whenever there are more caucus members with equal seniority than |
11 | available chairs or minority chairs for that caucus, the |
12 | selection of a chair or minority chair from among such caucus |
13 | members shall be in the discretion of the appointing authority. |
14 | The appointing authority may designate the standing committee to |
15 | which the appointing authority shall appoint a member as chair |
16 | or minority chair without regard to seniority. The Speaker and |
17 | the Floor Leader, Whip, Caucus Chair, Caucus Secretary, Caucus |
18 | Administrator and Policy Chair of the majority party and |
19 | minority party shall not be eligible to serve as chair or |
20 | minority chair of any standing committee and no member may serve |
21 | as chair or minority chair of more than one standing committee. |
22 | Any chair or minority chair held by a member who fails to |
23 | meet the requirements of this rule shall become vacant by |
24 | automatic operation of this rule. If the appointing authority |
25 | fails to make an appointment of a chair or minority chair prior |
26 | to the organizational meeting of a standing committee or fails |
27 | to fill a vacancy within seven calendar days after it occurs, |
28 | such position shall be deemed to remain vacant in violation of |
29 | this rule. Whenever a chair or minority chair becomes vacant or |
30 | remains vacant in violation of this rule, the member of the |
|
1 | applicable caucus who meets the requirements of this rule shall |
2 | automatically fill the vacancy and, if there are two or more |
3 | such eligible caucus members for any such vacancy or vacancies, |
4 | they shall be filled from among such eligible members through a |
5 | lottery to be conducted under the supervision of the Chief Clerk |
6 | after giving notice of the time and place thereof to all |
7 | eligible members, to the Speaker, to the Majority Leader and to |
8 | the Minority Leader. |
9 | Nothing in this rule shall prohibit the appointing authority |
10 | from transferring a member from the chair or minority chair of a |
11 | standing committee to the chair or minority chair of another |
12 | standing committee. |
13 | Whenever the appointment of a chair or minority chair will |
14 | cause the applicable caucus to exceed its permissible allocation |
15 | of members on a standing committee, the appointing authority |
16 | shall make a temporary transfer of an eligible committee member |
17 | to the standing committee vacated by the member appointed as |
18 | chair or minority chair until a regular committee appointment |
19 | can be made in accordance with the rules of the House. If the |
20 | Speaker or Minority Leader fails to make a temporary transfer |
21 | within seven calendar days after such appointment, the committee |
22 | member with the least seniority, who is eligible for transfer, |
23 | shall be automatically transferred to the committee vacated by |
24 | the newly appointed chair or minority chair and, if more than |
25 | one committee member is eligible for such transfer, the transfer |
26 | shall be implemented through a lottery conducted under the |
27 | supervision of the Chief Clerk. |
28 | The Speaker of the House, Floor Leader of the majority party |
29 | and the Floor Leader of the minority party shall be ex-officio |
30 | members of all standing committees, without the right to vote |
|
1 | and they shall be excluded from any limitation as to the number |
2 | of members on the committees or in counting a quorum. |
3 | Twenty-four standing committees of the House, each to consist |
4 | of 24 members except the Committee on Appropriations, which |
5 | shall consist of 35 members, are hereby created. In addition, |
6 | there are hereby created 43 standing subcommittees. |
7 | All standing committees shall consist of 14 members of the |
8 | majority party and ten members of the minority party, except the |
9 | Committee on Appropriations which shall consist of 21 members of |
10 | the majority party and 14 members of the minority party. The |
11 | quorum for each of the standing committees and subcommittees |
12 | shall be no less than the majority of said committees. The |
13 | following are the standing committees and subcommittees thereof: |
14 | (1) Aging and Older Adult Services |
15 | (a) Subcommittee on Care and Services |
16 | (b) Subcommittee on Programs and Benefits |
17 | (2) Agriculture and Rural Affairs |
18 | (3) Appropriations |
19 | (a) Subcommittee on Health and Welfare |
20 | (b) Subcommittee on Education |
21 | (c) Subcommittee on Economic Impact and Infrastructure |
22 | (d) Subcommittee on Fiscal Policy |
23 | (4) Children and Youth |
24 | (5) Commerce |
25 | (a) Subcommittee on Financial Services and Banking |
26 | (b) Subcommittee on Housing |
27 | (c) Subcommittee on Economic Development |
28 | (d) Subcommittee on Small Business |
29 | (6) Consumer Affairs |
30 | (a) Subcommittee on Public Utilities |
|
1 | (b) Subcommittee on Telecommunications |
2 | (7) Education |
3 | (a) Subcommittee on Basic Education |
4 | (b) Subcommittee on Higher Education |
5 | (c) Subcommittee on Special Education |
6 | (8) Environmental Resources and Energy |
7 | (a) Subcommittee on Energy |
8 | (b) Subcommittee on Mining |
9 | (c) Subcommittee on Parks and Forests |
10 | (9) Finance |
11 | (10) Game and Fisheries |
12 | (11) Gaming Oversight |
13 | (12) Health and Human Services |
14 | (a) Subcommittee on Health |
15 | (b) Subcommittee on Human Services |
16 | (c) Subcommittee on Drugs and Alcohol |
17 | (d) Subcommittee on Mental Health |
18 | (13) Insurance |
19 | (14) Judiciary |
20 | (a) Subcommittee on Crime and Corrections |
21 | (b) Subcommittee on Courts |
22 | (c) Subcommittee on Family Law |
23 | (15) Intergovernmental Affairs |
24 | (a) Subcommittee on Information Technology |
25 | (b) Subcommittee on Federal-State Relations |
26 | (16) Labor Relations |
27 | (17) Liquor Control |
28 | (a) Subcommittee on Licensing |
29 | (b) Subcommittee on Marketing |
30 | (18) Local Government |
|
1 | (a) Subcommittee on Boroughs |
2 | (b) Subcommittee on Counties |
3 | (c) Subcommittee on Townships |
4 | (19) Professional Licensure |
5 | (20) State Government |
6 | (21) Tourism and Recreational Development |
7 | (a) Subcommittee on Arts and Entertainment |
8 | (b) Subcommittee on Recreation |
9 | (c) Subcommittee on Travel Promotion |
10 | (22) Transportation |
11 | (a) Subcommittee on Highways |
12 | (b) Subcommittee on Public Transportation |
13 | (c) Subcommittee on Transportation Safety |
14 | (d) Subcommittee on Aviation |
15 | (e) Subcommittee on Railroads |
16 | (23) Urban Affairs |
17 | (a) Subcommittee on Cities, Counties - First Class |
18 | (b) Subcommittee on Cities, Counties - Second Class |
19 | (c) Subcommittee on Cities, Third Class |
20 | (24) Veterans Affairs and Emergency Preparedness |
21 | (a) Subcommittee on Military and Veterans Facilities |
22 | (b) Subcommittee on Security and Emergency Response |
23 | Readiness |
24 | RULE 44 |
25 | Organization of Standing Committees |
26 | and Subcommittees |
27 | The membership of each standing committee shall first meet |
28 | upon the call of its chair and perfect its organization. A |
29 | majority of the members to which each standing committee is |
30 | entitled shall constitute a quorum for it to proceed to |
|
1 | business. Each standing committee shall have the power to |
2 | promulgate rules not inconsistent with these rules which may be |
3 | necessary for the orderly conduct of its business. |
4 | Where a standing committee has standing subcommittees as |
5 | prescribed by Rule 43, the membership on such standing |
6 | subcommittees shall be appointed by the Committee on Committees |
7 | after consultation with each chair of a standing committee of |
8 | which the standing subcommittee is a part. Each standing |
9 | subcommittee shall consist of the chair of its parent standing |
10 | committee, as an ex-officio member, the chair of the standing |
11 | subcommittee, and five other members from the parent standing |
12 | committee to be appointed by the Committee on Committees, three |
13 | from among the majority party after consultation with the |
14 | Majority Leader and two from among the minority party after |
15 | consultation with the Minority Leader. Where it is deemed |
16 | advisable that the membership of any standing subcommittee be of |
17 | greater number than that prescribed herein, the Committee on |
18 | Committees may appoint additional members of the standing |
19 | committee from the majority or minority party to serve on such |
20 | standing subcommittee. The number of additional members selected |
21 | should be such as to maintain, as far as is practicable, a ratio |
22 | in majority and minority party membership which affords a fair |
23 | and reasonable representation to the minority party on the |
24 | standing subcommittee. |
25 | The chair and the minority chair of each standing committee |
26 | shall be ex-officio members of each standing subcommittee which |
27 | is part of the parent standing committee, with the right to |
28 | attend standing subcommittee meetings and vote on any matter |
29 | before such standing subcommittee. |
30 | A majority of the members of each standing subcommittee shall |
|
1 | constitute a quorum for the proper conduct of its business. Each |
2 | standing subcommittee may promulgate such rules necessary for |
3 | the conduct of its business which are not inconsistent with the |
4 | rules of its parent standing committee or the Rules of the |
5 | House. |
6 | When the chair of a standing committee has referred a bill, |
7 | resolution or other matter to a standing subcommittee, the power |
8 | and control over such bill, resolution or other matter shall |
9 | then reside in such subcommittee for a reasonable period of time |
10 | thereafter in order that such subcommittee may consider the |
11 | bill, resolution or other matter and return the same to its |
12 | standing committee with its recommendations as to the action |
13 | which ought to be taken on such bill, resolution or other |
14 | matter. |
15 | Each standing subcommittee, within a reasonable time after it |
16 | has received a bill, resolution or other matter, shall meet as a |
17 | committee for the purpose of considering the same and returning |
18 | the bill, resolution or other matter back to its parent standing |
19 | committee with a subcommittee report as to what action it |
20 | recommends. The report of the subcommittee on a bill, resolution |
21 | or other matter being returned to the standing committee shall |
22 | contain one of the following recommendations: |
23 | (1) that the bill, resolution or other matter in its present |
24 | form be reported to the House, |
25 | (2) that the bill, resolution, or other matter not be |
26 | reported to the House, |
27 | (3) that the bill, resolution or other matter be reported to |
28 | the House, with recommendations for amendments, |
29 | (4) that the bill, resolution or other matter is returned |
30 | without recommendations. |
|
1 | When a standing committee receives reports from its |
2 | subcommittees, it shall consider the same and by majority vote |
3 | of the members of the standing committee either approve or |
4 | disapprove such report. If disapproved, the standing committee |
5 | may then determine by a majority vote of its members what |
6 | further action, if any, should be taken on such bill, resolution |
7 | or other matter. |
8 | Where no action has been taken by a standing subcommittee on |
9 | a bill, resolution or other matter referred to it, and the chair |
10 | of the standing committee considers that such subcommittee has |
11 | had reasonable time to consider the bill, resolution or other |
12 | matter and return the same to its parent standing committee, the |
13 | subcommittee chair shall then forthwith surrender and forward |
14 | the same, together with all documents or papers pertaining |
15 | thereto, to the standing committee. |
16 | In the event that a chair of a standing committee is absent, |
17 | the following rules shall apply: |
18 | (1) If such standing committee has no subcommittee |
19 | prescribed by this rule, the vice-chair of the standing |
20 | committee shall act as chair of the committee meetings. |
21 | (2) If such standing committee has only one subcommittee, |
22 | the subcommittee chair shall act as chair of the standing |
23 | committee. |
24 | (3) If the standing committee has more than one |
25 | subcommittee, the subcommittee chair with the longest |
26 | consecutive legislative service shall act as chair of the |
27 | standing committee, except where the subcommittee chairs have |
28 | equal legislative service, in which case the Speaker of the |
29 | House shall designate one of the subcommittee chairs to act as |
30 | chair of the standing committee. |
|
1 | In case of absence of a subcommittee chair, the chair of the |
2 | appropriate standing committee shall designate one member from |
3 | either the standing committee or subcommittee to act as chair of |
4 | the subcommittee. |
5 | RULE 45 |
6 | Powers and Duties of Standing Committees |
7 | and Subcommittees |
8 | The chair of each standing committee and subcommittee shall |
9 | fix regular weekly, biweekly or monthly meeting days for the |
10 | transaction of business before the committee or subcommittee. |
11 | The chair of the committee or subcommittee shall notify all |
12 | members, at least 24 hours in advance of the date, time and |
13 | place of regular meetings, and, insofar as possible, the |
14 | subjects on the agenda. In addition to regular meetings, special |
15 | meetings may be called from time to time by the chair of the |
16 | committee or subcommittee as they deem necessary. No recess or |
17 | combination of recesses shall exceed 48 hours for any committee |
18 | meeting or subcommittee meeting. No committee shall meet during |
19 | any session of the House without first obtaining permission of |
20 | the Speaker. During any such meeting, no vote shall be taken on |
21 | the Floor of the House on any amendment, recommittal motion, |
22 | final passage of any bill, or any other matter requiring a roll |
23 | call vote. Any committee meeting called off the Floor of the |
24 | House shall meet in a committee room. In addition to the |
25 | specific provisions of this rule, all provisions of 65 Pa.C.S. |
26 | Ch. 7 (relating to open meetings) relative to notice of meetings |
27 | shall be complied with. |
28 | At regularly scheduled meetings, or upon the call of the |
29 | chair, or subcommittee chair, for special meetings, the |
30 | membership of such committees shall meet to consider any bill, |
|
1 | resolution, or other matter on the agenda. The secretary of each |
2 | standing committee, or in case of subcommittees a secretary |
3 | designated by the subcommittee chair, shall record: |
4 | (1) the minutes of the meeting, |
5 | (2) all votes taken, |
6 | (3) a roll or attendance of members at standing committee or |
7 | subcommittee meetings showing the names of those present, absent |
8 | or excused from attendance, and the majority and minority chairs |
9 | or their designees shall verify by their signatures all votes |
10 | taken and the roll or attendance of those members present, |
11 | absent or excused before said records are submitted to the Chief |
12 | Clerk, and |
13 | (4) dispatch of bills and resolutions before the committee. |
14 | Such records shall be open to public inspection. On the first |
15 | legislative day of each week the House is in session, the chair |
16 | of each standing committee shall submit to the Chief Clerk for |
17 | inclusion in the House Journal only, the roll or record of |
18 | attendance of members at standing committee or subcommittee |
19 | meetings held prior thereto and not yet reported, along with the |
20 | record of all votes taken at such meetings. All reports from |
21 | standing committees shall be prepared in writing by the |
22 | secretary of the committee. Members of a standing committee may |
23 | prepare in writing and file a minority report, setting forth the |
24 | reasons for their dissent. Such committee reports shall be filed |
25 | with the Chief Clerk within five days of the meeting. All |
26 | meetings at which formal action is taken by a standing committee |
27 | or subcommittee shall be open to the public, making such reports |
28 | as are required under Rule 44. When any member, except for an |
29 | excused absence, fails to attend five consecutive regular |
30 | meetings of his or her committee, the chair of that committee or |
|
1 | subcommittee shall notify the member of that fact and, if the |
2 | member in question fails to reasonably justify absences to the |
3 | satisfaction of a majority of the membership of the standing |
4 | committee of which he or she is a member, membership on the |
5 | committee or subcommittee shall be deemed vacant and the chair |
6 | of the standing committee shall notify the Speaker of the House |
7 | to that effect. Such vacancy shall then be filled in the manner |
8 | prescribed by these rules. |
9 | Whenever the chair of any standing committee shall refuse to |
10 | call a regular meeting, then a majority of the members of the |
11 | standing committee may vote to call a meeting by giving two days |
12 | written notice to the Speaker of the House, setting the time and |
13 | place for such meeting. Such notice shall be read in the House |
14 | and the same posted by the Chief Clerk in the House Chamber. |
15 | Thereafter, the meeting shall be held at the time and place |
16 | specified in the notice. In addition, all provisions of 65 |
17 | Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of |
18 | meetings shall be complied with. |
19 | Records, bills and other papers in the possession of |
20 | committees and subcommittees, upon final adjournment of the |
21 | House shall be filed with the Chief Clerk. |
22 | No committee report, except a report of the Appropriations |
23 | Committee, shall be recognized by the House, unless the same has |
24 | been acted upon by a majority vote of the members of a standing |
25 | committee present at a committee session actually assembled and |
26 | meeting as a committee, provided such majority vote numbers at |
27 | least 11 members, and provided further a quorum is present. No |
28 | committee report of the Appropriations Committee shall be |
29 | recognized by the House, unless the same has been acted upon by |
30 | a majority vote of the members of such committee present at a |
|
1 | committee session actually assembled and meeting as a committee, |
2 | provided such majority vote numbers at least 16 members, and |
3 | provided further a quorum is present. |
4 | No proxy voting shall be permitted in committee, except as |
5 | provided for herein. If a member reports to a scheduled |
6 | committee meeting and advises the chair and other members of a |
7 | conflicting committee meeting or other legislative meeting which |
8 | he or she must attend on the same day, the member is authorized |
9 | to give the chair or minority chair his or her proxy in writing |
10 | which shall be valid only for that day and which shall include |
11 | written instructions for the exercise of such proxy by the chair |
12 | or minority chair during the meeting. The member should also |
13 | advise the chair where he or she can be reached. In the event |
14 | the conflicting committee meeting or other legislative meeting |
15 | is scheduled to convene at the same time or prior to the meeting |
16 | at which a member desires to vote by proxy, such proxy shall be |
17 | delivered by the member in person to the offices of both the |
18 | chair and minority chair prior to, but on the same day as, the |
19 | conflicting meetings. |
20 | When the majority of the members of a standing committee |
21 | believe that a certain bill or resolution in the possession of |
22 | the standing committee should be considered and acted upon by |
23 | such committee, they may request the chair to include the same |
24 | as part of the business of a committee meeting. Upon failure of |
25 | the chair to comply with such request, the membership may |
26 | require that such bill be considered by written motion made and |
27 | approved by a majority vote of the entire membership to which |
28 | such committee is entitled. |
29 | Whenever the phrase "majority of members of a standing |
30 | committee or subcommittee" is used in these rules, it shall mean |
|
1 | majority of the entire membership to which a standing committee |
2 | or subcommittee is entitled, unless the context thereof |
3 | indicates a different intent. |
4 | To assist the House in appraising the administration of the |
5 | laws and in developing such amendments or related legislation as |
6 | it may deem necessary, each standing committee or subcommittee |
7 | of the House shall exercise continuous watchfulness of the |
8 | execution by the administrative agencies concerned of any laws, |
9 | the subject matter of which is within the jurisdiction of such |
10 | committee or subcommittee; and, for that purpose, shall study |
11 | all pertinent reports and data submitted to the House by the |
12 | agencies in the executive branch of the Government. |
13 | The Committee on Appropriations shall have the power to issue |
14 | subpoenas under the hand and seal of its chair commanding any |
15 | person to appear before it and answer questions touching matters |
16 | properly being inquired into by the committee, which matters |
17 | shall include data from any fund administered by the |
18 | Commonwealth, and to produce such books, papers, records, |
19 | documents and data and information produced and stored by any |
20 | electronic data processing system as the committee deems |
21 | necessary. Such subpoenas may be served upon any person and |
22 | shall have the force and effect of subpoenas issued out of the |
23 | courts of this Commonwealth. Any person who willfully neglects |
24 | or refuses to testify before the committee or to produce any |
25 | books, papers, records, documents or data and information |
26 | produced and stored by any electronic data processing system |
27 | shall be subject to the penalties provided by the laws of the |
28 | Commonwealth in such case. Each member of the committee shall |
29 | have power to administer oaths and affirmations to witnesses |
30 | appearing before the committee. The committee may also cause the |
|
1 | deposition of witnesses either residing within or without the |
2 | State to be taken in the manner prescribed by law for taking |
3 | depositions in civil actions. |
4 | RULE 46 |
5 | Committee on Rules |
6 | The Committee on Rules shall consist of the Speaker, the |
7 | Majority Leader, the Majority Whip, the Minority Leader, the |
8 | Minority Whip, the Majority Appropriations Chair, the Minority |
9 | Appropriations Chair, 12 members of the majority party appointed |
10 | by the Speaker, and ten members of the minority party appointed |
11 | by the Minority Leader. The Majority Leader shall be chair. |
12 | The committee shall make recommendations designed to improve |
13 | and expedite the business and procedure of the House and its |
14 | committees, and to propose to the House any amendments to the |
15 | Rules deemed necessary. The committee shall also do all things |
16 | necessary to fulfill any assignment or duty given to the |
17 | committee by any resolution, or other rule of the House of |
18 | Representatives. |
19 | The committee shall be privileged to report at any time. |
20 | The committee shall, until or unless superseded by law, adopt |
21 | guidelines for the expenditure of all funds appropriated to the |
22 | House or to any member or nonmember officer by any appropriation |
23 | act. |
24 | Such guidelines shall include a detailed statement of the |
25 | general and specific purposes for which the funds from that |
26 | appropriation account may be used, as well as uniform standards |
27 | of required documentation, accounting systems and record keeping |
28 | procedures. |
29 | Except as expressly provided in Rule 30 or this rule, the |
30 | committee shall not have the power to amend any bill or joint |
|
1 | resolution. |
2 | RULE 47 |
3 | Ethics Committee |
4 | As used in the context of this rule, the word "committee" |
5 | shall mean the Committee on Ethics of the House of |
6 | Representatives, and the phrase "majority of the committee" |
7 | shall mean a majority of the members to which the committee is |
8 | entitled. |
9 | The committee shall consist of eight members: four of whom |
10 | shall be members of the majority party appointed by the Speaker, |
11 | and four of whom shall be members of the minority party |
12 | appointed by the Minority Leader. The Speaker shall appoint from |
13 | the members a chair, vice chair and secretary for the committee. |
14 | The chair shall be a member of the majority party and the vice |
15 | chair shall be a member of the minority party. |
16 | [The Speaker shall fix a voting session day for the Chief |
17 | Clerk to randomly select committee members from the lists |
18 | provided by each caucus. The Chief Clerk shall give at least |
19 | seven days' notice by mail of the date to all members. The Chief |
20 | Clerk shall conduct the random selection of committee members on |
21 | the floor of the House during session. Immediately following the |
22 | random selection, the Speaker shall read the names of the |
23 | committee members upon the record.] |
24 | The chair shall notify all members of the committee at least |
25 | 24 hours in advance of the date, time and place of a regular |
26 | meeting. Whenever the chair shall refuse to call a regular |
27 | meeting, a majority of the committee may vote to call a meeting |
28 | by giving two days' written notice to the Speaker of the House |
29 | setting forth the time and place for such meeting. Such notice |
30 | shall be read in the House and posted in the House Chamber by |
|
1 | the Chief Clerk, or a designee. Thereafter, the meeting shall be |
2 | held at the time and place specified in such notice. |
3 | The committee shall compile and distribute a Members' |
4 | Handbook on Ethics to advise members, officers and employees of |
5 | the House on matters regarding conflicts of interest, and |
6 | nonfeasance, malfeasance and misfeasance in legislative duties. |
7 | Each member shall be required to complete two hours of ethics |
8 | education and training each legislative term. The committee |
9 | shall be responsible for planning and offering ethics education |
10 | programs. |
11 | The committee shall conduct its investigations, hearings and |
12 | meetings relating to a specific investigation or a specific |
13 | member, officer or employee of the House in closed session and |
14 | the fact that such investigation is being conducted or to be |
15 | conducted or that hearings or such meetings are being held or |
16 | are to be held shall be confidential information unless the |
17 | person subject to investigation advises the committee in writing |
18 | that he or she elects that such hearings shall be held publicly. |
19 | In the event of such an election, the committee shall furnish |
20 | such person a public hearing. All other meetings of the |
21 | committee shall be open to the public. |
22 | The committee shall receive complaints against members, |
23 | officers and employees of the House, and persons registered or |
24 | carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating |
25 | to lobbying disclosure), alleging illegal or unethical conduct. |
26 | Any such complaint must be in writing [verified] sworn or |
27 | affirmed to by the person filing the complaint under penalty of |
28 | law under 18 Pa.C.S. § 4904 (relating to unsworn falsification |
29 | to authorities) and must set forth in detail the conduct in |
30 | question and the section of the "Legislative Code of Ethics," |
|
1 | the provision of 65 Pa.C.S. Ch. 13A or the House rule violated. |
2 | As a general rule, no person shall disclose or acknowledge to |
3 | any other person any information relating to the filing of a |
4 | complaint, except as otherwise authorized under this rule or to |
5 | carry out a function of the committee. The committee shall make |
6 | a preliminary investigation of the complaint, and if it is |
7 | determined by a majority of the committee that a violation of |
8 | the rule or law may have occurred, the person against whom the |
9 | complaint has been brought shall be notified in writing and |
10 | given a copy of the complaint. If at any time a majority of the |
11 | committee determines that the complaint was a "frivolous |
12 | complaint" as defined under 65 Pa.C.S. § 1102 (relating to |
13 | definitions), or made without probable cause and primarily for a |
14 | purpose other than that of reporting illegal or unethical |
15 | conduct, then the committee shall notify the complainant and the |
16 | person against whom the complaint has been brought of such |
17 | determination. Within 15 days after receipt of the complaint, |
18 | such person may file a written answer thereto with the |
19 | committee. Upon receipt of the answer, by vote of a majority of |
20 | the committee, the committee shall either dismiss the complaint |
21 | within ten days or proceed with a formal investigation, to |
22 | include hearings, not less than ten days nor more than 30 days |
23 | after notice in writing to the persons so charged. Failure of |
24 | the person charged to file an answer shall not be deemed to be |
25 | an admission or create an inference or presumption that the |
26 | complaint is true, and such failure to file an answer shall not |
27 | prohibit a majority of the committee from either proceeding with |
28 | a formal investigation or dismissing the complaint. |
29 | A majority of the committee may initiate a preliminary |
30 | investigation of the suspected violation of a Legislative Code |
|
1 | of Ethics or House rule by a member, officer or employee of the |
2 | House or lobbyist. If it is determined by a majority of the |
3 | committee that a violation of a rule or law may have occurred, |
4 | the person in question shall be notified in writing of the |
5 | conduct in question and the section of the "Legislative Code of |
6 | Ethics," the provision of 65 Pa.C.S. Ch. 13A or the House rule |
7 | violated. Within 15 days, such person may file a written answer |
8 | thereto. Upon receipt of the answer, by vote of a majority of |
9 | the committee, the committee shall either dismiss the charges |
10 | within ten days or proceed with a formal investigation, to |
11 | include hearings, not less than ten days nor more than 30 days |
12 | after notice in writing to the person so charged. Failure of the |
13 | person charged to file an answer shall not be deemed to be an |
14 | admission or create an inference or presumption that the charge |
15 | is true, and such failure to file an answer shall not prohibit a |
16 | majority of the committee from either proceeding with a formal |
17 | investigation or dismissing the charge. |
18 | In the event that the committee shall elect to proceed with a |
19 | formal investigation of the conduct of any member, officer or |
20 | employee of the House, the committee shall employ independent |
21 | counsel who shall not be employed by the House for any other |
22 | purpose or in any other capacity during such investigation. |
23 | All constitutional rights of any person under investigation |
24 | shall be preserved, and such person shall be entitled to present |
25 | evidence, cross-examine witnesses, face his or her accuser, and |
26 | be represented by counsel. |
27 | The chair may continue any hearing for reasonable cause, and |
28 | upon the vote of a majority of the committee or upon the request |
29 | of the person subject to investigation, the chair shall issue |
30 | subpoenas for the attendance and testimony of witnesses and the |
|
1 | production of documentary evidence relating to any matter under |
2 | formal investigation by the committee. The committee may |
3 | administer oaths or affirmations and examine and receive |
4 | evidence. |
5 | All testimony, documents, records, data, statements or |
6 | information received by the committee in the course of any |
7 | investigation shall be private and confidential except in the |
8 | case of public hearings or in a report to the House. No report |
9 | shall be made to the House unless a majority of the committee |
10 | has made a finding of unethical or illegal conduct on the part |
11 | of the person under investigation. No finding of unethical or |
12 | illegal conduct shall be valid unless signed by at least a |
13 | majority of the committee. Any such report may include a |
14 | minority report. The committee shall have the authority to |
15 | recommend to the House action as appropriate. No action shall be |
16 | taken by the House on any finding of illegal or unethical |
17 | conduct nor shall such finding or report containing such finding |
18 | be made public sooner than seven days after a copy of the |
19 | finding is sent by certified mail to the member, officer or |
20 | employee under investigation. |
21 | The committee may meet with a committee of the Senate to hold |
22 | investigations or hearings involving employees of the two houses |
23 | jointly or officers or employees of the Legislative Reference |
24 | Bureau, the Joint State Government Commission, the Local |
25 | Government Commission, the Legislative Budget and Finance |
26 | Committee and the Legislative Data Processing Committee; |
27 | provided, however, that no action may be taken at a joint |
28 | meeting unless it is approved by a majority of the committee. |
29 | In the event that a member of the committee shall be under |
30 | investigation, such member shall be temporarily replaced on the |
|
1 | committee in a like manner as said member's original |
2 | appointment. |
3 | The committee, at the request of a member, officer or |
4 | employee concerned about an ethical problem relating to the |
5 | member, officer or employee alone or in conjunction with others, |
6 | may render advisory opinions with regard to questions pertaining |
7 | to legislative ethics or decorum. Such advisory opinions shall |
8 | be confidential and shall apply exclusively to the requestor. No |
9 | requestor who acts in good faith on an advisory opinion issued |
10 | to that requestor by the Ethics Committee shall be subject to |
11 | any sanctions for so acting if the material facts are as stated |
12 | in the advisory opinion request. |
13 | A member shall not create, maintain or cause to be created or |
14 | maintained a legislative nonprofit organization. A "legislative |
15 | nonprofit organization" means a nonprofit corporation or other |
16 | entity whose primary purpose is to receive funds under the |
17 | General Appropriations Act or another appropriations act at the |
18 | discretion or by reason of the influence of a member for the use |
19 | at the direction or discretion of the member. The Ethics |
20 | Committee shall issue to any member upon the member's request a |
21 | legislative nonprofit organization opinion with respect to the |
22 | member's duties under this rule. The Ethics Committee shall, |
23 | within 14 days, issue the legislative nonprofit organization |
24 | opinion. No member who acts in good faith on a legislative |
25 | nonprofit organization opinion issued to that member by the |
26 | Ethics Committee shall be subject to any sanctions for so acting |
27 | if the material facts are as stated in the legislative nonprofit |
28 | organization opinion request. The Ethics Committee's legislative |
29 | nonprofit organization opinions shall be public records and may |
30 | from time to time be published, except that the member |
|
1 | requesting the legislative nonprofit organization opinion may |
2 | require that the legislative nonprofit organization opinion |
3 | contain deletions and changes necessary to protect the identity |
4 | of the persons involved. |
5 | Any member of the committee breaching the confidentiality of |
6 | materials and events as set forth in this rule shall be removed |
7 | immediately from the committee and replaced by another member of |
8 | the House in a like manner as said member's original |
9 | appointment. |
10 | The committee may adopt rules of procedure for the orderly |
11 | conduct of its affairs, investigations, hearings and meetings, |
12 | which rules are not inconsistent with this rule. |
13 | The committee shall continue to exist and have authority and |
14 | power to function after the sine die adjournment of the General |
15 | Assembly and shall so continue until the expiration of the then |
16 | current term of office of the members of the committee. |
17 | RULE 47 (a) |
18 | Status of Members Indicted or Convicted of a Crime |
19 | When an indictment is returned or a charge is filed before a |
20 | court of record against a member of the House, and the gravamen |
21 | of the indictment or charge is directly related to the member's |
22 | conduct as a committee chair or ranking minority committee |
23 | member or in a position of leadership or is one which would |
24 | render the member ineligible to the General Assembly under |
25 | section 7 of Article II of the Constitution of Pennsylvania, the |
26 | member shall be relieved of committee chair status, ranking |
27 | minority committee member status or leadership position until |
28 | the indictment or charge is disposed of, but the member shall |
29 | otherwise continue to function as a Representative, including |
30 | voting, and shall continue to be paid. |
|
1 | If, during the same legislative session, the indictment or |
2 | charge is quashed, dismissed or withdrawn, or the court finds |
3 | that the member is not guilty of the offense alleged, the member |
4 | shall immediately be restored to committee chair status, ranking |
5 | minority committee member status or the leadership position |
6 | retroactively from which he or she was suspended. |
7 | Upon a finding or verdict of guilt by a judge or jury, plea |
8 | or admission of guilt or plea of nolo contendere of a member of |
9 | the House of a crime, the gravamen of which relates to the |
10 | member's conduct as a Representative or which would render the |
11 | member ineligible to the General Assembly under section 7 of |
12 | Article II of the Constitution of Pennsylvania, and upon |
13 | imposition of sentence, the Parliamentarian of the House shall |
14 | prepare a resolution of expulsion under the sponsorship of the |
15 | Chair and Vice-Chair of the House Ethics Committee. The |
16 | resolution shall be printed and placed on the calendar for the |
17 | next day of House session. |
18 | RULE 48 |
19 | Conference Committee |
20 | All Committees of Conference shall be appointed by the |
21 | Speaker and shall be composed of three members, two of whom |
22 | shall be selected from the majority party and one from the |
23 | minority party. |
24 | The conferees shall confine themselves to the differences |
25 | which exist between the House and Senate. |
26 | The presentation of reports of Committees of Conference shall |
27 | be in order after having been signed by a majority of members of |
28 | the committee of each House. |
29 | Consideration of a report of a Committee of Conference by the |
30 | House shall be in order when it has been printed, placed on the |
|
1 | desks of the members and listed on the calendar. |
2 | RULE 49 |
3 | Committee Action |
4 | Whenever a bill, resolution or other matter has been referred |
5 | by the Speaker of the House to a standing committee, and such |
6 | committee has one or more standing subcommittees, the chair of |
7 | the standing committee may either refer it to an appropriate |
8 | subcommittee or retain it for consideration by the entire |
9 | standing committee. If it is retained, such standing committee |
10 | shall have full power and control over such bill, resolution or |
11 | other matter, except that such committee shall not change the |
12 | subject nor any amendments adopted by the House. Where the chair |
13 | of the standing committee refers such bill, resolution, or |
14 | matter to a subcommittee, such subcommittee, except as |
15 | hereinafter provided, shall have full power over the same. |
16 | The recommendations by a committee that a bill or resolution |
17 | be reported negatively shall not affect its consideration by the |
18 | House. The words "negative recommendation" shall be printed |
19 | conspicuously on a line above the title of this bill. |
20 | All standing subcommittees shall be subject to the will of |
21 | the majority of their parent standing committee and shall not |
22 | promulgate any rules or take any action inconsistent with the |
23 | rules of their parent standing committee or the Rules of the |
24 | House. |
25 | After a bill is reported out of committee, all committee |
26 | votes taken with respect to the bill shall be posted on the |
27 | Internet as soon as practicable. |
28 | RULE 50 |
29 | Public Hearings |
30 | Each standing committee, subcommittee or select committee to |
|
1 | which a proposed bill, resolution or any matter is referred |
2 | shall have full power and authority to study said bill, |
3 | resolution or other matter before it, as such committee, shall |
4 | determine is necessary to enable it to report properly to the |
5 | House thereon. To this end, a standing committee, subcommittee, |
6 | or select committee, may as hereinafter provided, conduct public |
7 | hearings. No standing committee, subcommittee or select |
8 | committee shall hold any public hearings without prior approval |
9 | by a majority vote of the members of the standing committee and |
10 | the Speaker or the Majority Leader of the House. The Speaker or |
11 | the Majority Leader of the House shall withhold approval of |
12 | public hearings based only on budgetary consideration. |
13 | When a public hearing has been authorized as aforesaid, the |
14 | chair of the standing committee, subcommittee chair, or select |
15 | committee chair as the case may be, shall instruct the Chief |
16 | Clerk to give written notice thereof to each House Member not |
17 | less than five calendar days before the proposed hearings and |
18 | post the same in or immediately adjacent to the House Chambers. |
19 | Such notice, which shall contain the day, hour and place of the |
20 | hearing and the number or numbers of bills or other subject |
21 | matter to be considered at such hearing, shall also be given the |
22 | supervisor of the news room, and to the news media. In addition, |
23 | all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings), |
24 | relative to notice of meetings shall be complied with. |
25 | Public hearings held by a standing committee shall be chaired |
26 | by the chair of such committee, unless absent, in which case an |
27 | acting chair shall be selected in the manner prescribed by these |
28 | rules to serve. Public hearings held by standing subcommittees |
29 | shall be chaired by the subcommittee chair thereof, but the |
30 | chair of the parent standing committee, as an ex-officio member |
|
1 | of the subcommittee, shall have the right to attend and |
2 | participate in the hearing proceedings. In the absence of the |
3 | subcommittee chair, an acting chair shall be appointed in the |
4 | manner prescribed by these rules. |
5 | All public hearings shall be open to the public and |
6 | reasonable opportunity to be heard shall be afforded to all |
7 | interested parties who have requested an appearance before the |
8 | committee. In addition, it shall be the responsibility of the |
9 | committee in conducting its hearing to request the presentation |
10 | of testimony by any person who, in the opinion of the committee, |
11 | is qualified to present pertinent and important testimony. |
12 | Such committee shall, so far as practicable, request all |
13 | witnesses appearing before it to file written statements of |
14 | their proposed testimony. The chair shall have the right to fix |
15 | the order of appearance and the time to be allotted to |
16 | witnesses. Witnesses may submit brief pertinent statements in |
17 | writing for inclusion in the record. The committee is the sole |
18 | judge of the pertinency of testimony and evidence adduced at its |
19 | hearings. |
20 | The chair, in presiding at such public hearings, shall |
21 | preserve order and decorum, in and adjacent to his committee |
22 | room while the hearing is being conducted and shall have the |
23 | authority to direct the removal from the committee room of any |
24 | person who fails to comply with order and decorum of the |
25 | committee. |
26 | Proceedings of all public hearings shall be either |
27 | stenographically or electronically recorded. The committee shall |
28 | determine which parts of such recorded proceedings, if any, |
29 | shall be transcribed and the distribution thereof. Except as |
30 | hereinafter provided, no more than four copies of any transcript |
|
1 | shall be made. Such stenographic or electronic records and at |
2 | least one copy of any transcription shall be preserved by the |
3 | Chief Clerk until authorized to dispose of same by an |
4 | affirmative vote of three-quarters of the entire membership of |
5 | the Rules Committee and shall be made available to any member |
6 | upon written request for the purpose of copying or transcription |
7 | at that member's expense. Any transcribed records and any |
8 | reports of the committee shall be filed with the Chief Clerk or |
9 | his designee and shall be made available to any person in |
10 | accordance with reasonable rules and regulations prescribed by |
11 | the Chief Clerk. Upon payment of a reasonable cost to be |
12 | determined by the Chief Clerk, a person may obtain a copy of |
13 | such transcribed records or reports. |
14 | All written testimony and all transcribed testimony at |
15 | committee hearings shall be posted on the Internet as soon |
16 | thereafter as practicable. |
17 | The Chief Clerk shall not make payment of any expenses |
18 | incurred as a result of a public hearing without the prior |
19 | written approval of the Speaker or the Majority Leader of the |
20 | House. |
21 | RULE 51 |
22 | Investigations |
23 | Any standing committee, subcommittee or select committee, |
24 | upon resolution introduced and approved by majority vote of the |
25 | House, may be authorized and empowered to conduct hearings at |
26 | any place in the Commonwealth to investigate any matter provided |
27 | for in such resolution. When authorized by such a resolution, |
28 | such committee shall be empowered to issue subpoenas under the |
29 | hand and seal of the chair thereof commanding any person to |
30 | appear before it and answer questions touching matters properly |
|
1 | being inquired into by the committee and produce such books, |
2 | papers, records, accounts, reports, and documents as the |
3 | committee deems necessary. Such subpoenas may be served upon any |
4 | person and shall have the force and effect of subpoenas issued |
5 | out of the courts of this Commonwealth. Where any person |
6 | willfully neglects or refuses to comply with any subpoena issued |
7 | by the committee or refuses to testify before the committee on |
8 | any matter regarding which the person may be lawfully |
9 | interrogated, it shall be the duty of the committee to report |
10 | such disobedience or refusal to the House of Representatives, |
11 | and such person shall be subject to the penalties provided by |
12 | the laws of the Commonwealth in such cases. All such subpoenaed |
13 | books, papers, records, accounts, reports, and documents shall |
14 | be returned to the person from whom such material was subpoenaed |
15 | when the committee has completed its examination of such |
16 | material, but in no event later than the date on which the |
17 | committee completes its investigation. Such material, or any |
18 | information derived therefrom not a part of public sessions of |
19 | the committee, shall not be turned over to any person or |
20 | authority without the consent of the person from whom such |
21 | material was subpoenaed. Each member of the committee shall have |
22 | power to administer oaths and affirmations to witnesses |
23 | appearing before the committee. The Sergeant-at-Arms of the |
24 | Legislature or other person designated by the committee shall |
25 | serve any subpoenas issued by the committee, when directed to do |
26 | so by the committee. The subpoena shall be addressed to the |
27 | witness, state that such proceeding is before a committee of the |
28 | House at which the witness is required to attend and testify at |
29 | a time and place certain and be signed by the chair of the |
30 | committee commanding attendance of such witness. Mileage and |
|
1 | witness fees shall be paid to such witness in an amount |
2 | prescribed by law. |
3 | The chair of the investigative hearing shall call the |
4 | committee to order and announce in an opening statement the |
5 | subject or purposes of the investigation. |
6 | A copy of this rule shall be made available to the witnesses |
7 | at least three calendar days prior to his or her scheduled |
8 | testimony. Witnesses at investigative hearings, may be |
9 | accompanied by their own counsel for the purpose of advising |
10 | them concerning their constitutional rights. The chair, for |
11 | breaches of order or decorum or of professional ethics on the |
12 | part of counsel, may exclude counsel from the hearing. Counsel |
13 | may interpose legal objection to any and all questions which in |
14 | the opinion of counsel may violate the civil or constitutional |
15 | rights of his or her clients. |
16 | If the committee determines that evidence or testimony at an |
17 | investigative hearing may tend to defame, degrade or incriminate |
18 | any person, it shall: |
19 | (1) receive such evidence or testimony in executive session; |
20 | (2) afford such person an opportunity voluntarily to appear |
21 | as a witness; and |
22 | (3) receive and dispose of requests from such person to |
23 | subpoena additional witnesses. |
24 | No evidence or testimony taken in executive session may be |
25 | released to any person or authority or used in public sessions |
26 | without the consent of the committee. |
27 | Proceedings of all public hearings shall be either |
28 | stenographically or electronically recorded. The committee shall |
29 | determine which parts of such recorded proceedings, if any, |
30 | shall be transcribed and four copies thereof shall be |
|
1 | distributed and additional copies made available as provided in |
2 | Rule 50. Such stenographic or electronic records shall be |
3 | preserved by the Chief Clerk until directed to dispose of same |
4 | by an affirmative vote of three-quarters of the entire |
5 | membership of the Rules Committee and shall be made available to |
6 | any member upon written request for the purpose of transcription |
7 | at that member's expense. Any transcribed records and any |
8 | reports of the committee shall be filed with the Chief Clerk or |
9 | a designee and shall be made available to any person in |
10 | accordance with reasonable rules and regulations prescribed by |
11 | the Chief Clerk. |
12 | Upon payment of a reasonable cost to be determined by the |
13 | Chief Clerk, a person may obtain a copy of the transcript of any |
14 | testimony given at a public session or, if given at an executive |
15 | session when authorized by the committee. All standing |
16 | committees, subcommittees, special committees or commissions |
17 | which are authorized to hold public hearings and investigations |
18 | shall file a final report before being discharged of delegated |
19 | responsibilities. |
20 | RULE 52 |
21 | Possession of Bills by Committee |
22 | When a committee has ordered that a bill, resolution or other |
23 | matter be reported to the House, the member to whom it is |
24 | assigned shall make the report thereof to the House either on |
25 | the same day or at the next meeting of the House. |
26 | Failure of a member to comply with this rule shall be |
27 | reported to the House by the committee, provided the official |
28 | copy of the bill, resolution or other matter has not been |
29 | obtained. Upon a motion agreed to by the House, a duplicate |
30 | certified copy of a House bill, House resolution or other House |
|
1 | matter shall be furnished to the committee by the Chief Clerk. |
2 | A committee or subcommittee shall not consider a bill, |
3 | resolution or other matter which is not in its possession. |
4 | When a committee reports to the House that a House bill, |
5 | House resolution or other House matter referred to it is lost, |
6 | upon a motion agreed to by the House, a duplicate certified copy |
7 | thereof shall be furnished by the Chief Clerk. |
8 | If the Senate bill, Senate resolution or other Senate matter |
9 | received from the Senate is lost, upon a motion agreed to by the |
10 | House, a request shall be made to the Senate to furnish the |
11 | House with a duplicate certified copy thereof. |
12 | If a bill, resolution or other matter is lost before it has |
13 | been referred to a committee, the fact shall be reported to the |
14 | House and the procedure provided by this rule shall be followed. |
15 | RULE 53 |
16 | Discharge of Committees |
17 | A member may present to the Chief Clerk a resolution in |
18 | writing to discharge a committee from the consideration of a |
19 | bill or resolution which has been referred to it 15 legislative |
20 | days prior thereto (but only one motion may be presented for |
21 | each bill or resolution). The discharge resolution shall be |
22 | placed in the custody of the Chief Clerk, who shall arrange some |
23 | convenient place for the signature of the members. A signature |
24 | may be withdrawn by a member in writing at any time before the |
25 | discharge resolution is entered in the Journal. When 25 members |
26 | of the House shall have signed the resolution, it shall be |
27 | entered in the Journal and the title of the bill or resolution |
28 | and the name of the committee to be discharged shall be printed |
29 | on the calendar. |
30 | Any member who has signed a discharge resolution which has |
|
1 | been on the calendar at least one legislative day prior thereto |
2 | and seeks recognition, shall be recognized for the purpose of |
3 | calling up the discharge resolution and the House shall proceed |
4 | to its consideration without intervening motion except one |
5 | motion to adjourn; however, no discharge resolution shall be |
6 | considered during the last six legislative days of any session |
7 | of the House. A majority vote of all the members elected to the |
8 | House shall be required to agree to a resolution to discharge a |
9 | committee. When any perfected discharge resolution has been |
10 | acted upon by the House and defeated it shall not be in order to |
11 | entertain during the same session of the House any other |
12 | discharge resolution from that committee of said measure, or |
13 | from any other committee of any other bill or resolution |
14 | substantially the same, relating in substance to or dealing with |
15 | the same subject matter. |
16 | RULE 54 |
17 | Presentation and Withdrawal of Motions |
18 | When a motion which is in order has been made, the Speaker |
19 | shall state it or (if it is in writing) cause it to be read by |
20 | the Clerk. It shall then be in the possession of the House, but |
21 | it may be withdrawn by the maker at any time before decision or |
22 | amendment. |
23 | The Speaker shall put the question in the following form, |
24 | viz: "those in favor of the motion will say 'aye'." After the |
25 | affirmative is expressed, "those who are opposed will say 'no'." |
26 | All motions, except for the previous question and a motion |
27 | for reconsideration, may be made without a second. |
28 | No dilatory motion shall be entertained by the Speaker. |
29 | RULE 55 |
30 | Privileged Motions |
|
1 | When a question is under debate or before the House, no |
2 | motion shall be received but the following, which shall take |
3 | precedence in the order named: |
4 | (1) To adjourn, or recess. |
5 | (2) To extend session. |
6 | [(2)] (3) A call of the House. |
7 | [(3)] (4) To lay on the table. |
8 | [(4)] (5) For the previous question. |
9 | [(5)] (6) To postpone. |
10 | [(6)] (7) To commit or recommit. |
11 | [(7)] (8) To amend. |
12 | Debate on the motion to postpone shall be confined to the |
13 | question of the postponement and shall not include discussion of |
14 | the main question. |
15 | The motion to commit or recommit is open to debate only as to |
16 | the reasons for or against reference to committee and shall not |
17 | include a discussion of the merits of the main question. |
18 | Debate on the motion to amend shall be limited to the |
19 | amendment and shall not include the general merits of the main |
20 | question. |
21 | RULE 56 |
22 | Adjourn |
23 | A motion to adjourn or recess is debatable, cannot be amended |
24 | and is always in order, except: |
25 | (1) when another member has the floor; or |
26 | (2) when the House is voting. |
27 | RULE 57 |
28 | Call of the House |
29 | If a question of the absence of a quorum is raised by a |
30 | member, the Speaker shall order the Sergeant-at-Arms to close |
|
1 | the doors of the House. No member shall be permitted to leave |
2 | the House, except by permission of the House. The names of the |
3 | members present shall be recorded and absentees noted. Those for |
4 | whom no leave of absence has been granted or no sufficient |
5 | excuse is made may, by order of a majority of the members |
6 | present, be sent for and taken into custody by the Sergeant-at- |
7 | Arms and assistants appointed for that purpose, and brought |
8 | before the bar of the House where, unless excused by a majority |
9 | of the members present, they shall be censured or punished for |
10 | neglect of duty as the House may direct. |
11 | Further proceedings under a call of the House may be |
12 | dispensed with at any time after the completion of the roll call |
13 | and the announcement of the result. |
14 | These proceedings shall be without debate, and no motion, |
15 | except to adjourn, shall be in order. |
16 | RULE 58 |
17 | Persons Admitted Under a Call of the House |
18 | Members who voluntarily appear during a call of the House |
19 | shall be admitted to the House. Upon recognition by the Speaker |
20 | they shall announce their presence and their names shall be |
21 | recorded on the roll. |
22 | Officers of the House, accredited correspondents and |
23 | employees designated by the Chief Clerk shall be admitted to the |
24 | House during a call. |
25 | Visitors shall not be admitted to the House after the doors |
26 | are closed and until the proceedings under the call are |
27 | terminated, but they shall be permitted to leave. |
28 | RULE 59 |
29 | Lay on the Table |
30 | A motion to lay on the table is debatable[,] by the Majority |
|
1 | Leader, the Minority Leader, the maker of the motion, the maker |
2 | of the amendment under consideration and the prime sponsor of |
3 | the bill under consideration. It is not subject to amendment and |
4 | carries with it the main question and all other pending |
5 | questions which adhere to it, except when an appeal is laid on |
6 | the table. The passage of a motion to lay an amendment on the |
7 | table shall cause the subject bill or resolution and all other |
8 | amendments to be laid on the table. |
9 | RULE 60 |
10 | Motion to Take from the Table |
11 | A motion to take from the table a bill or other subject is in |
12 | order under the same order of business in which the matter was |
13 | laid on the table. It shall be decided without amendment and is |
14 | debatable by the Majority Leader, the Minority Leader, the maker |
15 | of the motion, the maker of the amendment under consideration |
16 | and the prime sponsor of the bill under consideration. |
17 | RULE 61 |
18 | Previous Question |
19 | A motion for the previous question, seconded by 20 members |
20 | and sustained by a majority of the members present, shall put an |
21 | end to all debate and bring the House to an immediate vote on |
22 | the question then pending, or the questions on which it has been |
23 | ordered. |
24 | A motion for the previous question may be made to embrace any |
25 | or all pending amendments or motions and to include the passage |
26 | or rejection of a bill or resolution. |
27 | RULE 62 |
28 | Call for Yeas and Nays─Reasons for Vote |
29 | The yeas and nays of the members on any question shall, at |
30 | the desire of any two of them, be entered on the Journal. |
|
1 | (Constitution, Article II, Section 12). |
2 | When the Speaker or any member is not satisfied with a voice |
3 | vote on a pending question, the Speaker may order a roll call |
4 | vote; or, upon request of two members, before the result of the |
5 | vote is announced, the Speaker shall order a roll call vote. |
6 | A member may submit a written explanation of his or her vote |
7 | immediately following the announcement of the result of the vote |
8 | and have it printed in the Journal. |
9 | RULE 63 |
10 | Division of a Question |
11 | Any member may call for a division of a question by the |
12 | House, if it comprehends propositions so distinct and separate |
13 | that one being taken away, the other will stand as a complete |
14 | proposition for the decision of the House. Bills and resolutions |
15 | shall not be subject to division. |
16 | A motion to strike out and insert is indivisible, but a |
17 | motion to strike out being lost shall neither preclude amendment |
18 | nor a motion to strike out and insert. |
19 | RULE 64 |
20 | Members Required to be Present and Vote |
21 | Every member shall be present within the Hall of the House |
22 | during its sittings, unless excused by the House or unavoidably |
23 | prevented, and shall vote for or against each question put, |
24 | unless he or she has a direct personal or pecuniary interest in |
25 | the determination of the question or unless excused. |
26 | No member shall be permitted to vote and have his or her vote |
27 | recorded on the roll unless present in the Hall of the House |
28 | during the roll call vote. |
29 | The Legislative Journal shall show the result of each roll |
30 | call by yeas and nays and those absent and those not voting. |
|
1 | RULE 64 (a) |
2 | Chronic Absenteeism |
3 | For purposes of this rule the term "chronic absenteeism" |
4 | shall mean the unexcused absence of a representative for a |
5 | period of five consecutive legislative days from official |
6 | sessions of the House of Representatives or the absence of a |
7 | committee member for a period of five consecutive days from an |
8 | assigned committee meeting which meeting qualifies as a regular |
9 | committee meeting under the rules of the House of |
10 | Representatives and the Sunshine Law of the Commonwealth. |
11 | Any representative who is absent without excuse from regular |
12 | House sessions for a period of five consecutive legislative days |
13 | or is absent for a period of five consecutive committee meetings |
14 | shall be deemed a chronic absentee and may, on a vote of the |
15 | full House, be held in contempt of this House upon motion of |
16 | five members of the House for chronic absence from regular House |
17 | sessions and by motion of three members of the standing |
18 | committee of the House to which such representative is assigned |
19 | for chronic absence from regularly scheduled committee meetings. |
20 | The term "chronic absenteeism" shall not include: |
21 | (1) Absence due to the personal illness or bodily injury of |
22 | a representative. |
23 | (2) Absence due to personal illness or bodily injury of a |
24 | member of the immediate family of the representative. |
25 | (3) Death to a member of the immediate family of a |
26 | representative. |
27 | (4) Any excused absence approved by the House pursuant to |
28 | its rules. |
29 | RULE 65 |
30 | Member Having Private Interest |
|
1 | (1) A member who has a personal or private interest in any |
2 | measure or bill proposed or pending before the House shall |
3 | disclose the fact to the House and shall not vote thereon. |
4 | (Constitution, Article III, Section 13). |
5 | (2) A member who, for remuneration, represents any |
6 | organization required to register under 65 Pa.C.S. Ch. 13A |
7 | (relating to lobbying disclosure) shall file a statement of that |
8 | fact with the Chief Clerk. |
9 | RULE 65 (a) |
10 | Professionals-Legislators |
11 | (1) Except as hereinafter provided, any member or employee |
12 | of the House or its agencies shall not be retained for |
13 | compensation to appear in his or her professional capacity to |
14 | represent the interest of any client in any proceeding before |
15 | any Commonwealth department, board, agency, bureau or |
16 | commission, except that such member or employee is authorized to |
17 | represent the interest of a client at any stage of a proceeding |
18 | before the Commonwealth or its agencies where such proceeding |
19 | was initially taken or brought as a ministerial action, as |
20 | defined by this rule, and as originally taken was not initially |
21 | adverse in nature to the interest of the Commonwealth or its |
22 | agencies. |
23 | (2) The provisions of this rule shall not be applicable to |
24 | professionals-legislators: |
25 | (a) Representing clients on criminal matters before the |
26 | courts of the Commonwealth. |
27 | (b) Representing clients on civil matters before the |
28 | courts of the Commonwealth. |
29 | (c) Representing clients in all stages of a proceeding |
30 | before the Commonwealth or its agencies which was initially |
|
1 | commenced as a ministerial action. The term "ministerial |
2 | action" means and includes any proceeding or action before |
3 | the Commonwealth or its agencies where the proceeding, as |
4 | initially commenced involved solely: |
5 | (i) The uncontested or routine action by the |
6 | Commonwealth's administrative officers or employees in |
7 | issuing or renewing licenses, charters, certificates or |
8 | any other documents of a similar nature; or |
9 | (ii) The preparation, filing and review of tax |
10 | returns and supporting documents required by law; or |
11 | (iii) The preparation, filing and review of |
12 | engineering and architectural plans, drawings, |
13 | specifications and reports; or |
14 | (iv) Any other initially routine or uncontested |
15 | preparation, filing, review or other action not |
16 | enumerated above and considered and normally handled by |
17 | the Commonwealth or its agencies as a ministerial action. |
18 | (d) Representing clients in workmen's compensation |
19 | proceedings before the bureau, its referees or the Workmen's |
20 | Compensation Appeals Board. |
21 | (3) This rule shall not apply to the other members of the |
22 | firm of such member and/or employee. |
23 | RULE 65 (b) |
24 | Financial Interests in Gaming Entities |
25 | Annually, on or before April 30, every member shall file an |
26 | affidavit with the Chief Clerk, on a form provided by the Chief |
27 | Clerk, affirming that neither the member nor an immediate family |
28 | member of the member holds a financial interest in violation of |
29 | 4 Pa.C.S. § 1512 (relating to financial and employment |
30 | interests). |
|
1 | For purposes of this rule, "immediate family member" shall |
2 | mean a spouse, minor child or unemancipated child. |
3 | RULE 66 |
4 | Electric Roll Call |
5 | The names of the members shall be listed on the electric roll |
6 | call boards by party affiliation in alphabetical order, except |
7 | the name of the Speaker shall be last. |
8 | On any question requiring the "yeas" and "nays", the electric |
9 | roll call system shall be used. On all other questions to be |
10 | voted upon, the Speaker may order the yeas and nays taken by the |
11 | electric roll call system or voice vote or, upon demand of two |
12 | members before the result of a vote has been declared, the yeas |
13 | and nays shall be taken by the electric roll call system. |
14 | In the event the electric roll call system is not in |
15 | operating order, the Speaker shall order all yea and nay votes |
16 | be taken by calling the roll, as provided in the Rules of the |
17 | House. |
18 | The vote of any member which has not been recorded because of |
19 | mechanical malfunction of the electric roll call system shall be |
20 | entered on the Journal, if said member was in the Hall of the |
21 | House at the time of the vote and did cast his or her vote at |
22 | the appropriate time, and the fact of such malfunction is |
23 | reported to the Speaker of the House prior to the announcement |
24 | of the result of the vote. |
25 | When the House is ready to vote upon any question requiring |
26 | the yeas and nays and the vote is to be taken by the electric |
27 | roll call system, the Speaker shall state: "The |
28 | question .............. (Designating the matter to be voted |
29 | upon.)" The Speaker shall then unlock the voting machine and |
30 | announce, "The members shall now proceed to vote." Once the |
|
1 | voting has begun, it shall not be interrupted, except for the |
2 | purpose of questioning the validity of a member's vote or, if |
3 | the voting switch of a member present in the Hall of the House |
4 | is locked or otherwise inoperative, a request that such switch |
5 | be rendered operative or such members vote be officially |
6 | recorded, before the result is announced. |
7 | When, in the judgment of the Speaker, reasonable time has |
8 | been allowed all members present in the House to vote (in no |
9 | event shall such time exceed ten minutes) the Speaker shall ask |
10 | the question: "Have all members present voted?" After a pause, |
11 | the Speaker shall lock the machine and instruct the Clerk to |
12 | record the vote, and the Speaker shall announce the result of |
13 | the vote. |
14 | No member or other person shall be allowed at the Clerk's |
15 | desk while the yeas and nays are being recorded, or the vote |
16 | counted. |
17 | After the voting machine is locked, no member may change a |
18 | vote and the votes of tardy members will not be recorded. |
19 | The vote as electrically recorded on the roll of members |
20 | shall not in any manner be altered or changed by any person. |
21 | Except as provided in this rule, no member shall vote for |
22 | another member, nor shall any person not a member vote for a |
23 | member. |
24 | Any member or other person who willfully tampers with or |
25 | attempts to disarrange, deface, impair or destroy in any manner |
26 | whatsoever the electrical voting equipment used by the House, or |
27 | who instigates, aids or abets with the intent to destroy or |
28 | change the record of votes thereon shall be punished in such |
29 | manner as the House determines. |
30 | A member who has been appointed by the Speaker to preside as |
|
1 | Speaker pro tempore may designate either the Majority or |
2 | Minority Whip to cast his or her vote on any question while |
3 | presiding in accordance with instructions from the Chair. |
4 | The Chief Clerk shall post all votes by the electric roll |
5 | call system on the Internet no later than the close of business |
6 | on the day they are made. |
7 | A prime sponsor of a bill, the Minority Leader or Majority |
8 | Leader or a member designated to act on their behalf may request |
9 | that the roll call remain open for the maximum time allowed in |
10 | accordance with this rule. During such roll call, no vote shall |
11 | be recorded unless the member is at his or her regularly |
12 | assigned seat. |
13 | RULE 67 |
14 | Verification and Challenge |
15 | Upon completion of a roll call and before the result is |
16 | announced, if there appears to be need for verification, the |
17 | Speaker may direct the Clerk to verify it, or three members may |
18 | demand a verification. |
19 | Any member may challenge in writing the yea or nay or |
20 | electrically recorded vote of other members. The allegations |
21 | made shall be investigated by a committee composed of the |
22 | Speaker, a majority member and a minority member appointed by |
23 | the Speaker, who shall submit a report to the House not later |
24 | than its next session. The House shall then decide whether the |
25 | challenged vote shall be recorded or not. |
26 | If the challenged vote would change the result, the |
27 | announcement of the vote shall be postponed until the House |
28 | decides the case. |
29 | RULE 68 |
30 | Changing Vote |
|
1 | No member may change a vote, or have a vote recorded after |
2 | the result of a roll call vote has been announced, nor after an |
3 | affirmative or negative roll has been declared verified. |
4 | RULE 69 |
5 | Journal |
6 | The Chief Clerk shall keep a Journal of the proceedings of |
7 | the House, which shall be printed and shall be made available to |
8 | the members. |
9 | The Journal of the proceedings of the last day's session |
10 | shall not be read unless so ordered by a majority vote of the |
11 | House. |
12 | RULE 70 |
13 | History of House Bills |
14 | and House Resolutions |
15 | A weekly History, showing the title and action on House bills |
16 | and the text and action on non-privileged resolutions, shall be |
17 | compiled and indexed under the direction of the Chief Clerk and |
18 | shall be printed and placed on each member's desk. |
19 | The House History shall include a cumulative index of laws |
20 | enacted during the session and the text of vetoes by the |
21 | Governor. |
22 | RULE 71 |
23 | House Calendar |
24 | Bills and non-privileged resolutions reported from committees |
25 | to the House with an affirmative recommendation shall be listed |
26 | on the calendar in such manner as prescribed by the Rules |
27 | Committee and any other rule of the House. House bills and House |
28 | resolutions shall precede Senate bills and Senate resolutions. |
29 | Bills and non-privileged resolutions shall be listed on the |
30 | House Calendar for no more than 15 consecutive legislative days. |
|
1 | At the end of the 15th consecutive legislative day the said bill |
2 | or non-privileged resolution shall be automatically recommitted |
3 | to the committee from which it was reported to the floor of the |
4 | House. |
5 | Any bill or non-privileged resolution on the calendar which |
6 | cannot, by its status, be recommitted shall be removed from the |
7 | calendar and laid on the table, unless the House shall otherwise |
8 | direct. |
9 | A marked calendar compiled by the Majority Leader shall be |
10 | provided to all members on each legislative day on which votes |
11 | are scheduled on the calendar. |
12 | RULE 72 |
13 | Journal, Transcribing and |
14 | Documents Rooms |
15 | No person, except members and employees of the House having |
16 | official business, shall be permitted in the Transcribing, the |
17 | Legislative Journal, and the Bills and Documents Rooms of the |
18 | House without the consent of the Chief Clerk. |
19 | RULE 73 |
20 | Correspondents |
21 | Admission to and administration of the Press Galleries of the |
22 | Senate and House of Representatives shall be vested in a |
23 | Committee on Correspondents consisting of the President pro |
24 | tempore of the Senate, or a designee; the Speaker of the House |
25 | of Representatives, or a designee; the Supervisor of the Capitol |
26 | Newsroom; the President of the Pennsylvania Legislative |
27 | Correspondents' Association, or a designee and the Executive |
28 | Director of the Pennsylvania Association of Broadcasters, or a |
29 | designee. |
30 | Persons desiring admission to the press sections of the |
|
1 | Senate and House of Representatives shall make application to |
2 | the Chair of the Committee on Correspondents. Such application |
3 | shall state the newspaper, press association or licensed radio |
4 | or television station, its location, times of publication or |
5 | hours of broadcasting, and be signed by the applicant. |
6 | The Committee on Correspondents shall verify the statements |
7 | made in such application, and, if the application is approved by |
8 | the committee, shall issue a correspondent's card signed by the |
9 | members of the committee. |
10 | The gallery assigned to newspaper correspondents or |
11 | recognized press association correspondents or representatives |
12 | of licensed radio and television stations, systems or |
13 | newsgathering agencies shall be for their exclusive use and |
14 | persons not holding correspondents cards shall not be entitled |
15 | to admission thereto. Employees of the General Assembly, |
16 | representatives and employees of state departments, boards, |
17 | commissions and agencies, visitors and members of the families |
18 | of correspondents entitled to admission to the press gallery |
19 | shall, at no time, be permitted to occupy the seats or be |
20 | entitled to the privileges of the press gallery. |
21 | Accredited representatives of newspapers, wire, newsreel |
22 | services and licensed radio or television stations, systems or |
23 | newsgathering agencies, may be authorized by the Speaker of the |
24 | House to take photographs, make audio or video recordings or |
25 | tapes, and to broadcast or televise in the House of |
26 | Representatives. Applications to take photographs, make audio or |
27 | video recordings or tapes, or to broadcast or televise at public |
28 | hearings of committees shall be approved by the committee chair |
29 | or co-chairs conducting such hearing. However, the committee |
30 | chair conducting the hearing may make such orders to such |
|
1 | representatives as may be necessary to preserve order and |
2 | decorum. |
3 | No photographs shall be taken nor any recordings or tapes |
4 | made, nor any broadcasting or televising done in the House of |
5 | Representatives during sessions, being at ease or recessed, |
6 | without prior notice to the Representatives. When possible, such |
7 | notice shall be given at the beginning of the session, at ease |
8 | or recess, during which the photographs, recordings or taping, |
9 | broadcasting or televising are scheduled to be taken or made. |
10 | No more than one representative of each newspaper, press |
11 | association or licensed radio or television station, system or |
12 | newsgathering agency shall be admitted to the press gallery at |
13 | one time. Members of the Pennsylvania Legislative |
14 | Correspondents' Association and representatives of licensed |
15 | radio and television stations, systems or newsgathering |
16 | agencies, assigned to the House of Representatives on a daily |
17 | basis shall have permanent assigned seating in the press gallery |
18 | with identification plates. Visiting representatives of daily |
19 | newspapers, press associations, Sunday newspapers as well as |
20 | radio and television stations, systems or newsgathering agencies |
21 | shall coordinate seating accommodations with the supervisor of |
22 | the Capitol Newsroom. |
23 | Persons assigned to the press gallery on a permanent or |
24 | temporary basis, shall at all times, refrain from loud talking |
25 | or causing any disturbance which tends to interrupt the |
26 | proceedings of the House of Representatives. |
27 | Persons assigned to the press gallery on a permanent or |
28 | temporary basis shall not walk onto the floor of the House of |
29 | Representatives nor approach the rostrum or the clerks' desks |
30 | during session or while being at ease. |
|
1 | Persons assigned to the press gallery on a permanent or |
2 | temporary basis wishing to confer with a Representative shall |
3 | disclose this fact by having a message delivered by a page to |
4 | the Representative. Such conversation shall be conducted off the |
5 | floor of the House of Representatives. |
6 | Representatives of the Pennsylvania Public Broadcasting |
7 | System may, subject to regulations of the Speaker, televise or |
8 | make video tapes of proceedings of sessions of the House of |
9 | Representatives and meetings of all committees of the House of |
10 | Representatives. |
11 | RULE 74 |
12 | Visitors |
13 | Visitors shall be admitted to the Hall of the House only when |
14 | sponsored by a member. The Chief Clerk shall issue an |
15 | appropriate pass to any visitor so sponsored. |
16 | Persons admitted to the Hall of the House other than members |
17 | and attaches, shall not be permitted to stand while the House is |
18 | in session but shall be seated in chairs provided for them. At |
19 | no time shall visitors be permitted on the Floor of the House |
20 | while the House is in session unless so permitted by the |
21 | Speaker. |
22 | RULE 75 |
23 | Lobbyists |
24 | No registered lobbyist shall be admitted to the Hall of the |
25 | House. |
26 | RULE 76 |
27 | Soliciting Prohibited |
28 | No officer or employee of the House shall solicit any member, |
29 | other officer or employee of the House for any purpose. |
30 | RULE 77 |
|
1 | Suspending and Changing Rules |
2 | Unless otherwise specified in another rule, any rule of the |
3 | House, which is not required by the Constitution, may be |
4 | temporarily suspended at any time for a specific purpose only by |
5 | a vote of two-thirds of the members elected to the House by a |
6 | roll call vote. |
7 | A motion to suspend the rules may not be laid on the table, |
8 | postponed, committed or amended and may be debated by the |
9 | majority leader, the minority leader, the maker of the motion, |
10 | the maker of the amendment under consideration and the prime |
11 | sponsor of the bill under consideration. |
12 | A brief description of the underlying bill or amendment shall |
13 | be given whenever a member moves to suspend the rules of the |
14 | House in order to consider such bill or amendment. |
15 | The existing rules of the House shall not be changed, added |
16 | to, modified or deleted except by written resolution and the |
17 | same approved by a majority vote of the members elected to the |
18 | House by a roll call vote. |
19 | Except where such resolution originates with the Committee on |
20 | Rules, no resolution proposing any change, addition, |
21 | modification or deletion to existing House rules shall be |
22 | considered until such resolution has been referred to the |
23 | Committee on Rules, reported therefrom, printed, filed on the |
24 | desk of each member and placed on the calendar. |
25 | Any proposed change, addition, modification or deletion |
26 | offered by a member on the floor of the House to such resolution |
27 | shall be considered, in effect, a change, addition, modification |
28 | or deletion to existing House rules and shall require for |
29 | approval a majority vote of the members by a roll call vote. |
30 | RULE 78 |
|
1 | Parliamentary Authority |
2 | Mason's Manual supplemented by Jefferson's Manual of |
3 | Legislative Procedure shall be the parliamentary authority of |
4 | the House, if applicable and not inconsistent with the |
5 | Constitution of Pennsylvania, the laws of Pennsylvania |
6 | applicable to the General Assembly, the Rules of the House, the |
7 | established precedents of the House and the established customs |
8 | and usages of the House. |
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