Bill Text: PA HR42 | 2009-2010 | Regular Session | Introduced

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Bill Title: Adopting permanent rules for the House of Representatives, providing for questions of order, for interruption of a member who has the floor, for members' and employees' expenses, for electronic availability of reports, for time of meeting, for general appropriation bill and nonpreferred bills, for consideration of bills, for first consideration bills, for third consideration and final passage bills, for reconsideration, for bills amended by the Senate, for standing committees and subcommittees, for organization of standing committees and subcommittees, for powers and duties of standing committees and subcommittees, for ethics committee, for privileged notions, for lay on table, for motion to take from table and for division of a question.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-02-02 - Referred to RULES [HR42 Detail]

Download: Pennsylvania-2009-HR42-Introduced.html

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PRINTER'S NO. 218
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No. 42 Session of2009
INTRODUCED BY EACHUS, FEBRUARY 2, 2009
REFERRED TO COMMITTEE ON RULES, FEBRUARY 2, 2009
A RESOLUTION
Adopting permanent rules for the House of Representatives,
further providing for questions of order, for interruption of
a member who has the floor, for members' and employees'
expenses, for electronic availability of reports, for time of
meeting, for general appropriation bill and nonpreferred
bills, for consideration of bills, for first consideration
bills, for third consideration and final passage bills, for
reconsideration, for bills amended by Senate, for standing
committees and subcommittees, for organization of standing
committees and subcommittees, for powers and duties of
standing committees and subcommittees, for ethics committee,
for privileged motions, for lay on table, for motion to take
from table and for division of a question.
RESOLVED, That the Temporary Rules of the House of
Representatives (2009-2010) be adopted as the Permanent Rules of
the House of Representatives for the 2009-2010 session of the
House of Representatives with the following amendments:
(2009-2010)
RULES OF THE HOUSE OF REPRESENTATIVES
Definitions:
"Day" shall mean any calendar day.
"Floor of the House" shall be that area within the Hall of
the House between the Speaker's rostrum and the brass rail
behind the Members' seats.
"Formal Action" shall mean any vote or motion of a member of
a standing committee, standing subcommittee, select committee or
rules committee of the House of Representatives to report or not
report, amend, consider or table a bill or resolution and the
discussion and debate thereof.
"Hall of the House" shall be the floor space within its four
walls and does not include the adjoining conference rooms, the
lobbies or the upper gallery of the House.
"Legislative Day" shall mean any day that the House shall be
in session.
"Press Gallery" shall be within that area known as the Hall
of the House as designated by the Speaker.
"Roll Call Vote" shall be a vote taken and displayed by and
on the electric roll call board or in the event of a malfunction
of the electric roll call board, by such method as shall be
determined by the Speaker.
RULE 1
Speaker Presiding
The Speaker shall preside over the sessions of the House. The
Speaker may name a member to preside, but the substitution shall
not extend beyond an adjournment. The Speaker may appoint a
member as Speaker pro tempore to act in the Speaker's absence
for a period not exceeding ten consecutive legislative days.
As presiding officer and in accordance with Article II § 2 of
the Constitution of Pennsylvania and the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
within ten days after the occurrence of a vacancy the Speaker
shall issue a writ for a special election to be held on a date
which shall occur on or before the date of the first primary,
municipal or general election which occurs not less than 60 days
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after the issuance of the writ. The Speaker shall not be
required to issue a writ of election if the election cannot be
scheduled until after the general election.
In case of failure to make an appointment, the House shall
elect a Speaker pro tempore to act during the absence of the
Speaker.
The Speaker pro tempore shall perform all the duties of the
Chair during the absence of the Speaker.
RULE 1 (a)
Equal Opportunity Officer and Advisory Committee
The Speaker shall designate an Equal Opportunity Officer who
shall report to the Speaker. There shall be an Equal Opportunity
Advisory Committee, appointed by the Speaker in consultation
with the Majority Leader and Minority Leader, to assist the
Equal Opportunity Officer in developing, recommending and
implementing equal opportunity employment and procurement
policies in the House of Representatives.
RULE 2
Taking the Chair
The Speaker shall take the Chair and call the members to
order on every legislative day at the hour to which the House
adjourned at the last sitting. On the appearance of a quorum,
the Speaker shall proceed to the regular order of business as
prescribed by the rules of the House.
RULE 3
Order and Decorum
The Speaker or Presiding Officer shall preserve order and
decorum. In case of any disturbance or disorderly conduct in the
galleries or lobbies, the Speaker shall have the power to order
the same to be cleared.
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The Speaker or Presiding Officer shall have the right to
summon Legislative Security Officers to enforce in the
preservation of order and decorum, and if needed, to summon the
State Police to assist.
The Sergeant-at-Arms and Legislative Security Officers under
the direction of the Speaker or the Presiding Officer shall,
while the House is in session, maintain order on the floor and
its adjoining rooms and shall enforce the rule with respect to
the conduct of members, staff and visitors.
RULE 4
Questions of Order
The Speaker shall decide all questions of order subject to an
appeal by two members. The decision of the Speaker shall stand
as the decision of the House unless so appealed and overturned
by a majority of the members elected to the House. The Speaker
may, in the first instance, submit the question to the House.
Questions involving the constitutionality of any matters shall
be decided by the House. On questions of order there shall be no
debate except on an appeal from the decision of the Speaker or
on reference of a question to the House. In either case, no
member shall speak more than once except by leave of the House.
Unless germane to the appeal, a second point of order is not
in order while an appeal is pending; but, when the appeal is
disposed of, a second point of order is in order and is subject
to appeal.
RULE 5
Conference and Select Committee Appointments
All Committees of Conference shall be appointed by the
Speaker and shall be composed of three members, two of whom
shall be selected from the majority party and one from the
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minority party.
The Speaker shall appoint the members of select committees,
unless otherwise ordered by the House.
RULE 6
Signature of the Speaker
The Speaker shall, in the presence of the House, sign all
bills and joint resolutions passed by the General Assembly after
their titles have been publicly read immediately before signing,
and the fact of signing shall be entered on the Journal.
Resolutions, addresses, orders, writs, warrants and subpoenas
issued by order of the House shall be signed by the Speaker and
attested by the Chief Clerk.
RULE 7
Oath to Employees
The Chief Clerk shall administer an oath or affirmation to
the employees of the House that they will severally support,
obey and defend the Constitution of the United States and the
Constitution of Pennsylvania, and that they will discharge the
duties of their offices with fidelity.
Each employee of the House, after taking the oath of office,
shall sign the Oath Book in the presence of the Chief Clerk.
RULE 8
Supervision of Hall of the House
and Committee Rooms
Subject to the direction of the Speaker, the Chief Clerk
shall have supervision and control over the Hall of the House,
the caucus and committee rooms and all other rooms assigned to
the House.
During the sessions of the Legislature the Hall of the House
shall not be used for public or private business other than
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legislative matters except by consent of the House. During
periods of recess of the House such use may be authorized by the
Speaker without the consent of the House.
RULE 9
Decorum
While the Speaker is putting a question or addressing the
House and during debate or voting, no member shall disturb
another by talking or walking up and down or crossing the floor
of the House.
RULE 9 (a)
Smoking
No smoking of cigarettes, cigars, pipes and other tobacco
products shall be allowed in the Hall of the House nor in any
interior area of the Capitol Complex under the control of the
House of Representatives.
RULE 10
Debate
When a member desires to address the House, the member shall
rise and respectfully address the Speaker. Upon being
recognized, the member may speak, and shall be confined to the
question under consideration and avoiding personal reflections.
When two or more members rise at the same time and ask for
recognition, the Speaker shall designate the member who is
entitled to the floor.
No member, except the Majority and Minority Leaders, may
speak more than twice on any question, without the consent of
the House.
With the unanimous consent of the House a member may make a
statement not exceeding ten minutes in length concerning a
subject or matter not pending before the House for
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consideration, providing the Majority and Minority Leaders have
agreed on a time the member is to ask for recognition.
RULE 11
Interruption of a Member who Has the Floor
A member who has the floor may not be interrupted, except for
questions of order, by a motion to extend session or by a motion
for the previous question.
A member may yield the floor for questions related to the
subject before the House.
RULE 12
Personal Privilege
Any member may by leave of the Speaker rise and explain a
matter personal to the member, but the member shall not discuss
a pending question in the explanation. Questions of personal
privilege shall be limited to questions affecting the rights,
reputation and conduct of members of the House in their
respective capacity.
RULE 13
Transgression of House Rules
If any member in speaking or otherwise transgresses the Rules
of the House, the Speaker or any member through the Speaker
shall call the member to order, in which case the member shall
immediately sit down unless permitted by the House to explain.
The House upon appeal shall decide the case without debate.
If the decision is in favor of the member, the member may
proceed. If the case requires it, the member shall be liable to
censure or other punishment as the House deems proper.
RULE 14
Members' and Employees' Expenses
A member who attends a duly called meeting of a standing or
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special committee of which he or she is a member when the House
is not in session or who is summoned to the State Capitol or
elsewhere by the Speaker, or the Majority or Minority Leader of
the House, to perform legislative services when the House is not
in session shall be reimbursed per day for each day of service,
plus mileage to and from the member's residence, at such rates
as are established from time to time by the Committee on Rules
but not in excess of the applicable maximum mileage rate
authorized by the Federal Government. For travel to any location
for committee meetings or for travel to the State Capitol for
any reason, members cannot receive reimbursement in excess of
the applicable maximum per diem rate authorized by the Federal
Government. These expenses shall be paid by the Chief Clerk from
appropriation accounts under the Chief Clerk's exclusive control
and jurisdiction, upon a written request approved by the Speaker
of the House, or the Majority or the Minority Leader of the
House.
An employee of the House summoned by the Speaker or the
Majority or Minority Leader of the House to perform legislative
services outside of Harrisburg shall be reimbursed for actual
expenses and mileage to and from the employee's residence. Such
expenses may be paid by the Speaker, Majority or Minority
Leader, if they agree to do so, or shall be paid by the Chief
Clerk from appropriation accounts under the Chief Clerk's
exclusive control and jurisdiction, upon a written request
approved by the Speaker, or the Majority or the Minority Leader.
District office employees are only permitted to be reimbursed
from an account under the control of the Chief Clerk when
traveling to Harrisburg for a training program sponsored by
either caucus or for travel to a legislative conference approved
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by the Speaker, the Majority Leader or the Minority Leader. All
other travel by district office employees may be reimbursed from
the member's accountable expenses or an account under the
control of the Speaker, the Majority Leader or the Minority
Leader.
Members and employees traveling outside the Commonwealth of
Pennsylvania who receive any reimbursement for expenses or
travel which reimbursement is from public funds shall file with
the Chief Clerk a statement containing his or her name and the
name, place, date and the purpose of the function.
Money appropriated specifically to and allocated under a
specific symbol number for allowable expenses of members of the
House of Representatives shall be reimbursed to each member upon
submission of vouchers and any required documentation by each
member on forms prepared by the Chief Clerk of the House. No
reimbursement shall be made from this account where a member is
directly reimbursed for the same purpose from any other
appropriation account.
Such allowable expenses of members may be used for any
legislative purpose or function, including but not limited to
the following:
(1) Travel expense on legislative business.
(a) Mileage on session or nonsession days at a rate as
may be approved from time to time by the Committee on Rules,
but not in excess of the maximum mileage rate authorized by
the Federal Government for travel; voucher only.
(b) Miscellaneous transportation on legislative business
(taxi, airport limousine parking, tolls), and expenses of a
similar nature; voucher only for any single expense not in
excess of $10.
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(c) Travel on legislative business by common carrier
other than taxi and airport limousine; voucher and receipt
from common carrier.
(d) Car rental; voucher and receipt from rental agency
but reimbursement not to exceed in any month an amount as may
be approved from time to time by the Committee on Rules. Any
amount in excess of the said amount shall be paid by the
person renting the car. In no event shall other than American
manufactured cars be rented.
(e) Lodging, restaurant charges and other miscellaneous
and incidental expenses while away from home. Vouchers only
for per diem allowance approved from time to time by the
Committee on Rules, but not in excess of the applicable
maximum per diem rate authorized by the Federal Government or
for actual expenses not in excess of such per diem rate.
(2) Administrative, clerical and professional services for
legislative business, except for employment of spouses or any
relatives, by blood or marriage.
(a) Administrative and clerical services; voucher and
receipt from person employed.
(b) Professional services; voucher and receipt and copy
of agreement or contract of employment.
(3) Rent for legislative office space; purchase of office
supplies; postage; telephone and answering services; printing
services and rental only of office equipment; voucher and
vendor's receipt, except for postage expense. No reimbursement
or expenditure shall be made out of any appropriation account
for any mass mailing including a bulk rate mailing made at the
direction or on behalf of any member which is mailed or
delivered to a postal facility within 60 days immediately
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preceding any primary or election at which said member is a
candidate for public office.
Mass mailing shall mean a newsletter or similar mailing of
more than 50 pieces in which the content of the matter is
substantially identical. Nothing in this rule shall apply to any
mailing which is in direct response to inquiries or requests
from persons to whom matter is mailed, which is addressed to
colleagues in the General Assembly or other government officials
or which consists entirely of news releases to the
communications media.
(4) Official entertainment─restaurant and beverage charges;
voucher only for expenses. Receipts for entertainment expenses,
together with a statement of the reason for the expense, shall
be submitted with the request for reimbursement.
(5) Purchase of flags, plaques, publications, photographic
services, books, and other similar items in connection with
legislative activities; voucher and vendor's receipt.
(6) Communications and donations in extending
congratulations or sympathy of illness or death; voucher only on
expenses not in excess of $35.
No money appropriated for members' and employees' expenses
shall be used for contributions to political parties or their
affiliated organizations or to charitable organizations or for
charitable advertisements.
[A member shall not create, maintain or cause to be created
or maintained a legislative nonprofit organization. A
"legislative nonprofit organization" means a nonprofit
corporation or other entity whose primary purpose is to receive
funds under the General Appropriation Act or another
appropriations act at the discretion or by reason of the
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influence of a member for the use at the direction or discretion
of the member. The Ethics Committee shall issue to any member
upon such member's request an opinion with respect to such
member's duties under this rule. The Ethics Committee shall,
within 14 days, issue the opinion. No member who acts in good
faith on an opinion issued to that member by the Ethics
Committee shall be subject to any sanctions for so acting,
provided that the material facts are as stated in the opinion
request. The Ethics Committee's opinions shall be public records
and may from time to time be published. The member requesting
the opinion may, however, require that the opinion shall contain
such deletions and changes as shall be necessary to protect the
identity of the persons involved.]
No money may be expended within 60 days before a primary
election or within 60 days before a general election in even-
numbered years for:
(i) purchase of or the reimbursement for the purchase of any
radio or television broadcast time for public service
announcements that depict the name, voice or image of a member;
or
(ii) payment for telemarketing activities on behalf of a
member. This prohibition shall not apply to limited surveys to
determine public opinion on various issues.
Members and employees shall not request reimbursement for the
private lease of vehicles leased on a long-term basis. No
payments will be made with respect to private, long-term lease
vehicle expenses incurred by members or employees except with
respect to private, long-term lease arrangements entered into by
a member prior to [the effective date of this rule] March 13,
2007, payments for which will be made in accord with the rules
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in place on [the day before the effective date of this rule]
March 12, 2007. The Chief Clerk is authorized to enter into a
master lease agreement with the Department of General Services
for the long-term lease of automobiles.
All disbursements made, debts incurred or advancements paid
from any appropriation account made to the House or to a member
or nonmember officer under a General Appropriation Act or any
other appropriation act shall be recorded in a monthly report
and filed with the Chief Clerk by the person authorized to make
such disbursement, incur any debt or receive any advancement on
a form prescribed by the Chief Clerk.
The Chief Clerk shall prescribe the form of all such reports
and make such forms available to those persons required to file
such reports. Such report form shall include:
(1) As to personnel:
(a) The name, home address, job title, brief description
of duties and where they are performed, department or member
or members to whom assigned, the name of immediate supervisor
and minimum hours of employment per week of each employee.
(b) The appropriation account from which such employee
is compensated, the amount of compensation and whether such
person is on salary, per diem or contract.
(2) As to all other expenditures:
(a) To whom it was paid, the amount thereof, and the
nature of the goods, services or other purpose for which the
expenditure was made.
(b) The appropriation account from which the expenditure
was made and the name or names of the person or persons
requesting and/or authorizing the same.
[A copy of each such report shall also be filed with the
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Special Committee on Internal Affairs and House Administration
for use in the performance of its duties under Rule 47(a).]
The reporting requirements as to personnel may be fulfilled
by the maintenance in the Office of the Chief Clerk of the House
of an alphabetized file containing the current information for
each employee as set forth above.
All monthly reports filed on disbursements made or debts
incurred by any officer or member or employee from
appropriations made to the House or to a member or nonmember
officer under any General Appropriation Act, and the
documentation for each disbursement, shall be public information
and shall be available [for public inspection during regular
business hours in the office of the Chief Clerk. The Chief Clerk
shall prescribe reasonable rules and regulations for inspection
of such reports but in no case shall inspection be denied to any
person for a period exceeding 48 hours (excluding Saturdays and
Sundays) from the time a written request has been submitted to
the Chief Clerk. Photocopies of such reports shall be made
available upon request to a member at no charge or to the public
for a duplication fee as may be fixed by the Chief Clerk. Such
reports shall be made available to a member or to the public on
or before the last day of the month next succeeding the month in
which the report was filed] in accordance with the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
All vouchers and requisitions relating to all expenditures,
expenses, disbursements and other obligations out of all
appropriated funds of the House, and the documentation
evidencing payment of the vouchers and requisitions, shall be
available [for public inspection during regular business hours
in the office of the Chief Clerk or at such other location
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within the Capitol as the Chief Clerk shall prescribe. Nothing
in this rule shall permit release of any information deemed
confidential, including, but not limited to, a telephone number
or call history, a credit card number and a Social Security
number or a Federal or a State tax identification number] in
accordance with the Right-to-Know Law.
[All requests to review payroll and independent contractor
records of the House or any other vouchers or requisitions for
funds appropriated to the House shall be made to the Chief
Clerk, in writing, at least three working days prior to the date
on which the review is requested. The request shall be signed by
the party who will be making the review and it shall indicate
the name of the organization or entity employing such
individual. The Chief Clerk shall establish a time during normal
business hours for the review to occur and he shall provide that
the review shall not interfere with the necessary functioning of
the Chief Clerk's office.]
All requests for reimbursement out of any appropriation shall
be accompanied by a voucher, or other documents where required,
evidencing payment or approval. All requests for reimbursement
out of any appropriation payable to a member, nonmember officer
or employee shall be void if not submitted within 90 days of the
date that the otherwise allowable expense is incurred for any
and all otherwise allowable expenses, including without
limitation, per diem, mileage and actual expenses incurred. Any
such void request for reimbursement may not be paid except
pursuant to a motion to suspend this rule for good cause
specific to the voided request for reimbursement. The voucher
form shall be approved and supplied by the Chief Clerk. Receipts
or documentation of every expenditure or disbursement which is
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in excess of the maximum amount as set forth herein shall be
attached to the voucher. Where a request for payment is made in
advance of an expense actually incurred, the Chief Clerk, before
making such advance payment shall require a description
satisfactory to the Chief Clerk of the item or service to be
purchased or the expense to be incurred, and a receipt or other
documentation shall be given to the Chief Clerk after the item
or service has been purchased or expense incurred as evidence
that such advancement was in fact expended for such purpose.
All reports, vouchers and receipts from which reports are
prepared and filed shall be retained by the Chief Clerk, officer
or member, as the case may be, for such period of time as may be
necessary to enable the Legislative Audit Advisory Commission
created pursuant to the act of June 30, 1970 (P.L.442, No.151),
entitled "An act implementing the provisions of Article VIII,
section 10 of the Constitution of Pennsylvania, by designating
the Commonwealth officers who shall be charged with the function
of auditing the financial transactions after the occurrence
thereof of the Legislative and Judicial branches of the
government of the Commonwealth, establishing a Legislative Audit
Advisory Commission, and imposing certain powers and duties on
such commission," to conduct, through certified public
accountants appointed by it, annual audits to assure that such
disbursements made or debts incurred were in accordance with
Legislative Audit Advisory Commission guidelines and standards
as approved by the Committee on Rules, or for a minimum of three
years, whichever is longer. All annual audit reports shall be
available for public inspection. Photocopies of such reports
shall be available for a fee established by the Chief Clerk not
to exceed the cost of duplication.
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Except as specifically prohibited by law or limited by this
rule, all expenditures of funds appropriated to the House or to
a member or nonmember officer shall be subject to the
expenditure guidelines established by the Rules Committee. The
Rules Committee shall establish standards regarding
documentation evidencing payment out of any appropriations
account made to the House or to a member or nonmember officer.
The Bipartisan Management Committee shall receive and review
suggestions from the Comptroller on ways to reduce costs and
improve the fiscal operations of the House. The Comptroller,
following authorization by the Bipartisan Management Committee,
shall implement cost-reducing and other new measures to improve
the fiscal operations of the House.
RULE 14 (a)
Employee Payroll Information
In accordance with the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the Legislative Officers and Employes
Law, the Chief Clerk shall compile, annually, on or prior to the
first day of February of each year, a complete list of employees
of the House of Representatives. The list shall include the full
name, job title, work address and name of immediate supervisor
of every employee of the House of Representatives and shall
include such information for every person employed for any
period of time during the preceding 12 months. In addition to
the information required under the Legislative Officers and
Employes Law, the list shall include the payroll wage
information for those House employees paid during the preceding
calendar year. The list shall be available for public inspection
in the Office of the Chief Clerk during regular business hours.
RULE 14 (b)
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Electronic Availability of Reports
In addition to the other methods of availability under Rule
14, all expense reports existing in electronic form shall be
provided electronically by the Chief Clerk upon request.
RULE 15
Time of Meeting
The House shall convene on the first legislative day of the
week at 1:00 P.M. prevailing time, unless otherwise ordered by a
roll call vote of the majority of those elected to the House.
On other days the House shall convene at the discretion of
the House. No session of the House may begin before 8:00 A.M.
nor [end] may any roll call votes be taken after 11:00 P.M.
unless exigent circumstances exist, as determined by an
affirmative vote of three-fourths of the members elected to the
House, by a roll call vote on a motion to extend session. A
motion to extend session may be made to extend session generally
or to conclude business on a specific question or questions. If
a motion to extend session is made prior to 10:15 P.M. and a
roll call vote has not been ordered, the arrival of 10:45 P.M.
shall put an end to all debate and shall bring the House to an
immediate roll call vote on the question to extend session.
Nothing in this rule shall prevent the House from conducting
administrative matters, including the making of announcements
regarding the House schedule for the benefit of members or in
order to comply with 65 Pa.C.S. § 709 (relating to public
notice) after 11:00 P.M. Upon the Speaker's determination that
all administrative matters are concluded, the Speaker shall
adjourn the House.
RULE 16
Quorum
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A majority of the members shall constitute a quorum, but a
smaller number may adjourn from day to day and compel the
attendance of absent members. (Constitution, Article II, Section
10).
When less than a quorum vote on any question, the Speaker
shall forthwith order the doors of the House closed and the
names of the members present shall be recorded. If it is
ascertained a quorum is present, either by answering to their
names or by their presence in the House, the Speaker shall again
order the yeas and nays. If any member present refuses to vote,
refusal shall be deemed a contempt. Unless purged, the House may
order the Sergeant-at-Arms to remove the member or members
without the bar of the House. All privileges of membership shall
be refused the member or members so offending until the contempt
is purged.
RULE 17
Order of Business
The daily order of business shall be:
(1) Prayer by the Chaplain.
(2) Pledge of Allegiance.
(3) Correction and approval of the Journal.
(4) Leaves of absence.
(5) Master Roll Call.
(6) Reports of Committee.
(7) First consideration bills.
(8) Second consideration bills.
(9) Third consideration bills, final passage bills
(including both third consideration and final passage postponed
bills) and resolutions.
(10) Final passage bills recalled from the Governor.
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(11) Messages from the Senate and communications from the
Governor.
(12) Reference to appropriate committees of bills,
resolutions, petitions, memorials, remonstrances and other
papers.
(13) Unfinished business on the Speaker's table.
(14) Announcements.
(15) Adjournment.
Any question may, by a majority vote of the members elected,
be made a special order of business. When the time arrives for
its consideration, the Speaker shall lay the special order of
business before the House.
In lieu of offering House Resolutions on topics of importance
to members, any member, without unanimous consent, may address
the House on such issue and have his or her remarks entered into
the record during a special period of time established each week
by the Speaker at the conclusion of House business on a specific
day.
RULE 18
Introduction and Printing of Bills
Bills shall be introduced in quadruplicate, signed and dated
by each member who is a sponsor of the bill, and filed with the
Chief Clerk on any day that the offices of the House of
Representatives are open for business. A sponsor may be added or
withdrawn upon written notice to the Speaker, Majority Leader,
Minority Leader and the prime sponsor. In the case of
withdrawals, the names shall be withdrawn if and when the bill
is reprinted. Additional sponsors may be added only by the prime
sponsor by providing written notice to the Speaker, Majority
Leader and Minority Leader.
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Bills introduced when received at the Chief Clerk's desk
shall be numbered consecutively and delivered to the Speaker,
who shall refer each bill to an appropriate committee on any day
whether or not the House is in session. If the resolution
creating a select committee authorizes the referral of bills to
that committee, the Speaker may refer bills, within the scope of
the resolution, to such select committee. Insofar as applicable,
the select committee shall consider and report bills in
accordance with the rules governing the consideration and
reporting of bills by standing committees. The Speaker shall
report to the House the committees to which bills have been
referred, either on the day introduced or received or on the
next two legislative days the House is in session, unless the
House is in recess for more than four consecutive days in which
case the Speaker shall provide a list to the Majority Leader and
the Minority Leader, within two calendar days, of all bills
which were referred during such period when the House was not in
session.
If the Speaker neglects or refuses to refer to committee any
bill or bills (whether House or Senate) as above after
introduction or presentation by the Senate for concurrence, any
member may move for the reference of the bill to an appropriate
committee. If the motion is carried, said bill or bills shall be
immediately surrendered by the Speaker to the committee
designated in said motion.
The first copy of each bill introduced shall be for the
committee, the second copy shall be for the printer, the third
copy shall be for the news media and the fourth copy shall be
for the Legislative Reference Bureau.
Every bill, after introduction and reference to committee,
20090HR0042PN0218 - 21 -
shall be printed and shall also be posted on the Internet with
the hyperlink to the web page for the members of the House of
Representatives.
Bills may not be withdrawn after reference to committee.
RULE 19
Bills Referred to Committees
No bill shall be considered unless referred to a committee,
printed for the use of the members and returned therefrom.
(Constitution, Article III, Section 2).
RULE 19 (a)
Fiscal Notes
(1) No bill, except a General Appropriation bill or any
amendments thereto, which may require an expenditure of
Commonwealth funds or funds of any political subdivision or
which may entail a loss of revenues overall, or to any
separately established fund shall be given third consideration
reading on the calendar until it has first been referred to the
Appropriations Committee for a fiscal note, provided however
that the Rules Committee may by an affirmative vote of three-
quarters of the entire membership to which such committee is
entitled:
(a) Waive the recommittal to the Appropriations
Committee and provide that the fiscal note be attached to the
bill while on the active calendar. The providing of such note
shall be a priority item for the Appropriations Committee; or
(b) Waive the necessity of a fiscal note on any bill
which it deems to have a de minimis fiscal impact or which
merely authorizes, rather than mandates, an increase in
expenditures or an action that would result in a loss of
revenue.
20090HR0042PN0218 - 22 -
(2) Nothing herein shall preclude any member from moving, at
the proper time, the recommittal of any bill to the
Appropriations Committee for a fiscal note.
(3) The Appropriations Committee shall be limited in its
consideration of any such bill to the fiscal aspects of the bill
and shall not consider the substantive merits of the bill nor
refuse to report any such bill from committee for reasons other
than fiscal aspects. The fiscal note shall accompany the bill
and provide the following information in connection with the
Commonwealth and its political subdivisions:
(a) The designation of the fund out of which the
appropriation providing for expenditures under the bill shall
be made;
(b) The probable cost of the bill for the fiscal year of
its enactment;
(c) A projected cost estimate of the program for each of
the five succeeding fiscal years;
(d) The fiscal history of the program for which
expenditures are to be made;
(e) The probable loss of revenue from the bill for the
fiscal year of its enactment;
(f) A projected loss of revenue estimate from the bill
for each of the five succeeding fiscal years;
(g) The line item, if any, of the General Fund, special
fund or other account out of which expenditures or losses of
Commonwealth funds shall occur as a result of the bill;
(h) The recommendation, if any, of the Appropriations
Committee and the reasons therefor relative to the passage or
defeat of the bill; and
(i) A reference to the source of the data from which the
20090HR0042PN0218 - 23 -
foregoing fiscal information was obtained, and an explanation
of the basis upon which it is computed.
(4) No bill which may result in an increase in the
expenditure of Commonwealth funds shall be given third
consideration reading on the calendar until the Appropriations
Committee has certified that provision has been made to
appropriate funds equal to such increased expenditure. Whenever
the Appropriations Committee cannot so certify, the bill shall
be returned to the committee from which it was last reported for
further consideration and/or amendment.
(5) No amendment to a bill, concurrences in Senate
amendments, or adoption of a conference report which may result
in an increase in the expenditure of Commonwealth funds or those
of a political subdivision or which may entail a loss of
revenues in addition to that originally provided for in the bill
prior to the proposed changes nor any bill requiring a fiscal
note for which re-referral to the Appropriations Committee has
been waived by the Rules Committee shall be voted upon until a
fiscal note is available for distribution to the members with
respect to such changes or to such bill showing the fiscal
effect of the changes with respect to the bill, and containing
the information set forth by subsection (3) of this rule.
(6) When an amendment or certificate is timely filed with
the amendment clerk under Rule 21, the amendment or certificate
shall be forwarded to the Appropriations Committee. Upon receipt
of an amendment, the Appropriations Committee shall
automatically prepare a fiscal note.
(7) In obtaining the information required by these rules,
the Appropriations Committee may utilize the services of the
Office of the Budget and any other State agency as may be
20090HR0042PN0218 - 24 -
necessary.
(8) Any bill proposing any change relative to the retirement
system of the Commonwealth or any political subdivision thereof,
funded in whole or in part out of the public funds of the
Commonwealth or any political subdivision, shall have attached
to it an actuarial note. Except for the provisions pertaining to
the content of fiscal notes as set forth in paragraphs (a)
through (i) of subsection (3), all the provisions pertaining to
and procedures required of bills containing fiscal notes, shall,
where applicable, also be required for bills containing
actuarial note. The actuarial note shall contain a brief
explanatory statement or note which shall include a reliable
estimate of the financial and actuarial effect of the proposed
change in any such retirement system.
RULE 19 (b)
General Appropriation Bill and Non-Preferred Bills
This rule shall apply to all amendments offered to the
General Appropriation Bill for each proposed fiscal year
including any amendments offered to or for supplemental
appropriations to prior fiscal years contained within the
General Appropriation Bill, and shall also apply to all
amendments offered to any non-preferred appropriation bill for
the same fiscal year.
Any amendment offered on the floor of the House to the
General Appropriation Bill that proposes to increase spending of
State dollars for the Commonwealth's proposed fiscal year or
prior fiscal years above the levels contained in the General
Appropriation Bill as reported from the Appropriations Committee
plus any aggregate if certified each year by the Appropriations
Committee shall not be in order and may not be considered unless
20090HR0042PN0218 - 25 -
the same amendment contains sufficient reductions in line items
of that General Appropriation Bill so that the amendment offered
does not result in a net increase in the total proposed spending
contained within the General Appropriation Bill plus any
aggregate if certified by the Appropriations Committee.
Any amendment offered on the floor of the House to any non-
preferred appropriation bill that proposes to increase spending
of State dollars for the current fiscal year above the levels
contained in that non-preferred appropriation bill as reported
from the Appropriations Committee shall not be in order and may
not be considered unless the same amendment contains sufficient
reductions in that non-preferred appropriation bill so that the
amendment offered does not result in a net increase in the total
proposed spending contained within that non-preferred
appropriation bill.
In order to be considered, amendments to the General
Appropriation Bill must be submitted to the Office of the Chief
Clerk by 2:00 P.M. of the Monday of the week prior to the
scheduled vote of the General Appropriation Bill. The
Appropriations Committee for special and proper reason and by
majority vote, may waive this deadline. Members shall be
notified of the scheduled vote on the General Appropriation Bill
no later than 4:30 P.M. of the Wednesday preceding the above
noted Monday on which the amendments must be filed to the Bill.
Rule 21 of the Rules of the House, insofar as it applies to the
filing deadline for amendments and notice requirements for the
voting schedule for the General Appropriation Bill, shall not
apply to this rule. Rule 21 shall, however, apply to the non-
preferred appropriation bills.
If the amendment cannot be submitted in accordance with the
20090HR0042PN0218 - 26 -
provision of the previous paragraph because it is still being
prepared by the Legislative Reference Bureau, the member must,
by 2:00 P.M. on the Monday of the week prior to the scheduled
vote, provide the Office of the Chief Clerk with a statement,
prepared by the member containing the factual content and exact
amounts of increases and decreases in line items which would be
proposed in the amendment, along with certification from the
Legislative Reference Bureau that the amendment was submitted to
the Legislative Reference Bureau prior to 2:00 P.M. on the
aforementioned Monday. This filing deadline does not apply to
amendments to any non-preferred appropriation bill.
Debate on any debatable question related to the General
Appropriation Bill or a nonpreferred appropriation bill shall be
limited to five minutes each time a member is recognized. On the
bill a sponsor of an amendment shall be entitled to be
recognized twice, a maker of a debatable motion shall be
entitled to be recognized twice, any other members shall be
entitled to be recognized once.
[This rule may be temporarily suspended only by two-thirds
vote of the members elected to the House by a roll call vote.]
RULE 20
Bills Confined to One Subject
No bill shall be passed containing more than one subject,
which shall be clearly expressed in its title, except a general
appropriation bill or a bill codifying or compiling the law or a
part thereof. (Constitution, Article III, Section 3).
RULE 21
Consideration of Bills
(a) Every bill and every joint resolution shall be
considered on three different days. All amendments made thereto
20090HR0042PN0218 - 27 -
shall be printed for the use of the members before the final
vote is taken thereon, and before the final vote is taken, upon
written request addressed to the presiding officer by at least
25% of the members elected to the House, any bill shall be read
at length. No bill shall become law and no joint resolution
adopted unless, on its final passage, the vote is taken by yeas
and nays, the names of the persons voting for and against it are
entered on the Journal, and a majority of the members elected to
the House is recorded thereon as voting in its favor.
(Constitution, Article III, Section 4).
(b) Members shall be notified of bills and resolutions
scheduled to be voted no later than prior to the close of
business at 4:30 P.M. of the second legislative day prior to the
date of second consideration [and prior to the date of third
consideration] for legislation that has no legal deadline. (The
General Appropriation Act and non-preferred bills are included
within the definition of legislation that has no legal
deadline.) Except as provided in subsection (d), all amendments
shall be submitted to the Office of the Chief Clerk by 2:00 P.M.
of the last legislative day preceding the scheduled date of
second consideration. Members shall be notified of bills
scheduled to be voted on third consideration. A change in the
printer's number as a result of third consideration shall not
require an additional notice of final passage. No vote on final
passage can occur before the date of the scheduled vote.
(c) If the amendment cannot be submitted in accordance with
the above paragraph because it is still being prepared by the
Legislative Reference Bureau, the member must provide the Office
of the Chief Clerk with a statement, by the above-noted 2:00
P.M. deadline, prepared by the member containing the factual
20090HR0042PN0218 - 28 -
content of said amendment along with certification from the
Legislative Reference Bureau that the amendment was submitted to
the Legislative Reference Bureau for drafting prior to the
above-noted 2:00 P.M. deadline.
(d) In cases where an amendment alters a bill so as to
effectively rule out of order an amendment which was timely
filed pursuant to the provisions of this rule, a replacement
amendment may be submitted to the Office of the Chief Clerk
provided that the subject matter of the replacement amendment is
not substantially different from the intent of the original
amendment. The replacement amendment shall be deemed to have met
the timely filed conditions provided for in this rule. The
member shall notify the Speaker of the member's intent to file a
replacement amendment and shall file a certificate with the
Office of the Chief Clerk. The bill in question may continue to
receive consideration but shall not be moved to third
consideration until the replacement amendment is available for a
vote. If consideration of the bill is delayed to a new
legislative day due solely to delay in receipt of replacement
amendments, then only amendments timely filed for the date of
the originally scheduled vote and replacement amendments shall
be considered. This limitation on amendments shall not apply to
the bill in question if consideration of the bill is rescheduled
beyond the new legislative day.
(e) [Members shall be notified no later than 24 hours prior
to the consideration of all bills on concurrence.] A bill may
not receive action on concurrence until at least 24 hours have
elapsed from the time the bill and its amendatory language was
available to the public, unless the amendment was a technical
amendment as described under the first paragraph of Rule 24 or
20090HR0042PN0218 - 29 -
an affirmative vote of a majority of the members elected to the
House indicates they have had sufficient time to review the
language and thereby approve proceeding with the bill.
A brief description of every bill on concurrence shall be
given prior to a vote. Additionally, members shall be notified
and conference committee reports shall be available to members
at least 24 hours prior to the adoption of all conference
committee reports. When these reports are considered on the
first legislative day of the week, said notice shall be provided
no later than the close of business on the last business day
preceding the vote. Notwithstanding notice provided, members
may, by an affirmative vote of a majority of the members elected
to the House, indicate that they have had sufficient time to
review a conference committee report and that they approve
proceeding with a vote.
RULE 22
First Consideration Bills
Bills reported from committees shall be considered for the
first time when reported and shall then be automatically removed
from the calendar and laid on the table, except House bills
reported from committees after the first Monday in June until
the first Monday in September which shall then be automatically
recommitted to the Committee on Rules. [The] Except as otherwise
provided, the Rules Committee shall not in any instance have the
power to amend a bill which has been reported by another
committee.
After the first Monday in September, any bill which was
automatically recommitted to the Committee on Rules pursuant to
this rule shall automatically be re-reported to the floor of the
House and laid on the table.
20090HR0042PN0218 - 30 -
Any bill which was automatically laid on the table pursuant
to this rule and has remained on the table for 15 legislative
days shall automatically be removed from the table and returned
to the calendar for second consideration the next legislative
day.
Any bill which was automatically laid on the table pursuant
to this rule may be removed from the table by motion of the
Majority Leader, or a designee, acting on a report of the
Committee on Rules. Such report shall be in writing and a copy
thereof distributed to each member. Any bill so removed from the
table shall be placed on the second consideration calendar on
the legislative day following such removal. Nothing herein shall
affect the right of any member to make a motion to remove a bill
from the table.
Amendments shall not be proposed, nor is any other motion in
order on first consideration.
Bills shall not be considered beyond first consideration
until the latest print thereof is on the desks of the members.
Any noncontroversial bill, which is defined as any bill,
other than an appropriations bill, approved by a committee with
no negative votes or abstentions, and with the approval of the
Majority Leader and the Minority Leader, shall be placed on an
uncontested calendar. Bills on the uncontested calendar shall be
voted upon by a single roll-call vote. Each bill listed on the
uncontested calendar will be printed separately in the journal
with the vote recorded on the approval of the uncontested
calendar as the vote on final passage of each bill contained
therein.
If any member should object to the placement of a bill on the
uncontested calendar, the bill shall be automatically removed
20090HR0042PN0218 - 31 -
from the uncontested calendar and placed on the regular calendar
the next legislative day.
RULE 23
Second Consideration Bills
Bills on second consideration shall be considered in their
calendar order and shall be subject to amendment.
No House bill on second consideration shall be considered
until called up by a member.
RULE 24
Third Consideration and Final Passage Bills
Bills on third consideration shall be considered in their
calendar order and shall be subject to amendment only when an
amendment is necessary to make the document internally
consistent, to clear up an ambiguity, to correct grammar or to
correct a drafting error or is necessary for purposes of
statutory construction. An amendment under this paragraph shall
not be subject to the filing deadlines under Rule 21. A bill
having received consideration by the House on three different
days and having been agreed to may be called by the Speaker to
receive action on final passage; however, a bill may not receive
action on final passage until at least 24 hours have elapsed
from the time the bill [was amended] and its amendatory language
was available to the public, unless the amendment was a
technical amendment permitted under the first paragraph of this
rule or an affirmative vote of a majority of the members elected
to the House indicates that they have had sufficient time to
review the language of the bill and thereby approve proceeding
with the bill. Upon being called to receive action on final
passage, the title and a brief description of a bill shall be
read. A bill on final passage shall not be subject to amendment,
20090HR0042PN0218 - 32 -
but shall be subject to debate. At the conclusion of debate, the
Speaker shall then state the question as follows:
"This bill has been considered on three different days and
agreed to and is now on final passage. The question is, shall
the bill pass finally? Agreeable to the provision of the
Constitution, the yeas and nays will now be taken." When more
than one bill shall be called for action on final passage at the
same time, prior to voting, the title or a brief analysis of
each bill shall be read.
The Speaker shall then state the question as follows:
"These bills have been considered on three different days and
agreed to and are now on final passage. The question is, shall
the bills on the uncontested calendar pass finally? Agreeable to
the provision of the Constitution, the yeas and nays will now be
taken."
RULE 25
Defeated Bills
When a bill or resolution has been defeated by the House, it
shall not be reintroduced, or, except as provided in Rule 26, be
reconsidered, nor shall it be in order to consider a similar
one, or to act on a Senate bill or resolution of like import,
during the same session.
RULE 26
Reconsideration
A motion to reconsider the vote by which a bill, resolution
or other matter was passed or defeated shall be made in writing
and filed by two members. The motion shall be in order only
under the order of business in which the vote proposed to be
reconsidered occurred and shall be decided on a roll-call vote
by a majority vote. No motion to reconsider shall be in order
20090HR0042PN0218 - 33 -
when the bill, resolution or other matter is no longer in the
possession of or is not properly before the House.
A motion to reconsider any such vote must be [made] filed on
the same day on which the initial vote was taken or within the
succeeding five days in which the House is in session, provided
such bill, resolution or other matter is still in the possession
of or is properly before the House.
When a motion to reconsider any such vote is [made] filed
within the aforesaid time limits, put before the House by the
Speaker and [is] decided by the affirmative vote prescribed
herein, the question [immediately] recurs on the bill,
resolution or other matter reconsidered.
Where a bill, resolution or other matter has been initially
defeated and a motion to reconsider is not timely made, then
such bill, resolution or other matter shall carry the status of
"defeated finally" and not properly before the House. Therefore,
it shall not be in order to entertain a motion to reconsider any
such vote.
Where a timely made motion to reconsider is lost, it shall
not be in order to again entertain a motion to reconsider any
such vote, even though such second motion to reconsider is
timely made.
Where a bill, resolution, or other matter has been initially
defeated, and a timely made motion to reconsider the vote is
lost, or if no motion to reconsider the vote was timely made,
then it shall not be in order for the House thereafter to
receive or consider a new bill, resolution or other matter
embracing therein a subject or purpose basically identical to or
of similar import to the subject matter or purpose of the bill,
resolution or matter initially defeated.
20090HR0042PN0218 - 34 -
The vote on a bill or resolution recalled from the Governor
may be reconsidered at any time after the bill or resolution has
been returned to the House.
No bill, resolution or other matter may be reconsidered more
than twice on the same legislative day.
RULE 27
Amendments
No bill shall be amended so as to change its original
purpose. (Constitution, Article III, Section 1).
No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment.
Any member may move to amend a bill or resolution, provided
the proposed amendment is germane to the subject. Questions
involving whether an amendment is germane to the subject shall
be decided by the House.
No amendment to an amendment shall be admitted nor
considered.
The sponsor of an amendment shall explain the amendment prior
to consideration by the House.
Before consideration, nine typewritten copies of a proposed
amendment signed by its sponsor shall be presented to the
Speaker, one copy of which shall be delivered to the news media
and a printed copy in typewritten form prepared by the
Legislative Reference Bureau shall be placed on the desk of each
member if the amendment is not available on the Legislative Data
Processing floor system.
Amendments adopted or defeated may not be considered again
without first reconsidering the vote.
RULE 28
Bills Amending Existing Law
20090HR0042PN0218 - 35 -
Bills amending existing law shall indicate present language
to be omitted by placing it within brackets and new language to
be inserted by underscoring. (Constitution, Article III, Section
6).
RULE 29
Form for Printing Amendments
In printing amendments to bills and resolutions, all new
matter added shall be in CAPITAL LETTERS, and matter to be
eliminated shall be indicated by strike-out type.
In reprinting House bills previously amended by the House and
in reprinting Senate bills previously amended by the Senate, but
not in Senate bills previously amended by the House, all matters
appearing in strike-out type shall be dropped from the new print
and all matter appearing in CAPITAL LETTERS shall be reset in
lower case Roman type.
RULE 30
Bills Amended by the Senate
When a bill or joint resolution has been amended by the
Senate and returned to the House for concurrence, it shall be
referred automatically to the Committee on Rules immediately
upon the reading of the message from the Senate by the Clerk.
[The Committee on Rules shall not have the power to amend any
bill or joint resolution containing Senate amendments, except
that the Committee on Rules, by a majority vote of the members
appointed to the committee, may revert to the printer's number
of the bill or joint resolution which last passed the House.]
The consideration of any bill or joint resolution containing
Senate amendments may include the amendment of Senate amendments
by the Committee on Rules. The vote on concurring in amendments
by the House to bills or joint resolutions amended by the Senate
20090HR0042PN0218 - 36 -
shall not be taken until said bills or joint resolutions have
been favorably reported, as committed or as amended, by the
Committee on Rules.
When said bill or joint resolution has been favorably
reported by the Committee on Rules, either as committed or as
[last passed the House] amended, said bill or joint resolution
shall be placed on the calendar. When acting on bills or joint
resolutions amended by the Senate, the bill and the amendments[,
if any] shall be read and the question put on the concurrence in
[the] all amendments to the bill since it was last considered by
the House.
Any two members may object to the report of any bill or joint
resolution [included in a report of] containing Senate
amendments amended by the Committee on Rules [on the basis that
the adoption of an amendment to the bill or joint resolution
exceeded the limitation upon the power of the Committee on Rules
to amend bills and joint resolutions amended by the Senate]. The
objection must be raised prior to the bill or joint resolution
being put to a roll call vote. The question shall be decided by
a majority vote of the members elected to the House. If the
House rejects the report of any such bill or joint resolution,
the bill or joint resolution shall be [deemed reported from the
Committee on Rules as committed and shall be placed on the
calendar.] automatically returned to the Committee on Rules as
last passed by the Senate.
The House shall not consider any proposed amendment to any
amendment made by the Senate to a bill or joint resolution, nor
consider any amendment to any amendment made by the Committee on
Rules.
A majority vote of the members elected to the House taken by
20090HR0042PN0218 - 37 -
yeas and nays shall be required to concur in amendments made by
the Senate, except for appropriations to charitable and
educational institutions not under the absolute control of the
Commonwealth, where a vote of two-thirds of all the members
elected to the House shall be required to concur. (Constitution,
Article III, Sections 5 and 30).
Unless the Majority Leader and the Minority Leader shall
agree otherwise, the offering of an amendment to Senate
amendments in the Committee on Rules shall not be in order until
at least one hour after the filing of a copy of the amendment as
prepared by the Legislative Reference Bureau with the office of
the Chief Clerk. Upon the filing of such an amendment, the Chief
Clerk shall immediately time stamp the amendment and forthwith
forward a time-stamped copy of the amendment to the offices of
the Majority Leader and the Minority Leader. Except as provided
under this subsection, it shall not be in order to suspend or
otherwise waive the requirements of this subsection.
RULE 31
Bills Vetoed by the Governor
When the Governor has returned a bill to the House with
objections, the veto message shall be read and the House shall
proceed to reconsider it. (Constitution, Article IV, Section
15).
RULE 32
Hospital and Home Appropriations or
Acquiring Lands of the Commonwealth
No bills appropriating moneys to State-aided hospitals or
State-aided homes shall be introduced in the House, except such
as appropriate in single bills the total sum to be appropriated
to all of the institutions within the same class or group.
20090HR0042PN0218 - 38 -
Requests for appropriations for particular State-aided hospitals
or State-aided homes shall be filed with the Chair of the
Committee on Appropriations on forms to be furnished by the said
Committee on Appropriations, and shall be signed by the member
requesting the appropriation.
No bill granting or conveying Commonwealth lands or taking
title thereto shall be reported by any committee to the House
unless there has been filed with the Chief Clerk and the chair
of the reporting committee a memorandum from the Department of
General Services indicating the use to which the property is
presently employed, the full consideration for the transfer, if
any, a departmental appraisal of the property, including its
valuation and a list of recorded liens and encumbrances, if any,
the use to which the property will be employed upon its
transfer, the date by which the land is needed for its new use,
and the legislative district or districts in which the land is
located. The memorandum shall contain a statement by a
responsible person in the Department of General Services
indicating whether or not the administration favors the transfer
which is the subject of the bill under consideration.
RULE 33
Special Legislation
No local or special bill shall be passed by the House unless
notice of the intention to apply therefor has been published in
the locality where the matter or the thing to be affected may be
situated, which notice shall be at least 30 days prior to the
introduction into the General Assembly of such bill and in the
manner provided by law; the evidence of such notice having been
published shall be exhibited in the General Assembly before the
act shall be passed. (Constitution, Article III, Section 7).
20090HR0042PN0218 - 39 -
No local or special bill shall be considered in violation of
Article III, Section 32, of the Constitution.
RULE 34
Nonpreferred Appropriations
No bill shall be passed appropriating money to any charitable
or educational institution not under absolute control of the
Commonwealth, except by a vote of two-thirds of all members
elected. (Constitution, Article III, Section 17).
RULE 35
House and Concurrent Resolutions
Members introducing resolutions other than concurrent
resolutions shall file five copies thereof; seven copies of
concurrent resolutions shall be filed. All resolutions shall be
signed by their sponsors, dated and filed with the Chief Clerk.
After being numbered, one copy of all resolutions shall be given
to the news media and all other copies delivered to the Speaker.
A sponsor may not be added or withdrawn after a resolution has
been printed. Resolutions may not be withdrawn after reference
to a committee.
Unless privileged under Rule 36 for immediate consideration
or deemed noncontroversial by the Speaker in consultation with
the Majority Leader and the Minority Leader, the Speaker shall
refer House resolutions (except discharge resolutions) and
Senate resolutions presented to the House for concurrence to
appropriate committees.
House resolutions deemed noncontroversial by the Speaker,
including, but not limited to, condolence and congratulatory
resolutions, shall be considered under the proper order of
business on the same day as introduced or within two legislative
days thereafter without being referred to committee.
20090HR0042PN0218 - 40 -
The Speaker shall report to the House the committees to which
resolutions have been referred, either on the day introduced or
received or the next two legislative days the House is in
session.
A resolution introduced in the House and referred to
committee shall be printed and placed in the House files.
When a resolution (House or Senate) is reported from
committee, it shall be placed on the calendar and may be called
up by a member for consideration by the House under the order of
business of resolutions. A House resolution other than a
concurrent or joint resolution shall be adopted by a majority of
the members voting.
RULE 36
Privileged Resolutions
Resolutions privileged for the immediate consideration of the
House are those:
(1) Recalling from or returning bills to the Governor.
(2) Recalling from or returning bills to the Senate.
(3) Originated by the Committee on Rules.
(4) Providing for a Joint Session of the Senate and House
and its procedure.
(5) Placing bills negatived by committees on the calendar.
(6) Adjournment or recess.
RULE 37
Legislative Citation
A member making a request that a Legislative Citation be
issued to a particular person or on a specified occasion shall
provide the Legislative Reference Bureau with the facts
necessary for the preparation of the citation on a suitable
form.
20090HR0042PN0218 - 41 -
The citation request shall be filed with the Chief Clerk and
automatically referred to the Speaker who may approve and sign
such citation on behalf of the House of Representatives.
One original citation shall be issued by the Chief Clerk.
RULE 38
Sine Die and Final Introduction of Bills
Resolutions fixing the time for adjournment of the General
Assembly sine die and the last day for introduction of bills in
the House shall be referred to the Committee on Rules before
consideration by the House.
During the period of time between a general election and the
adjournment of the House of Representatives sine die, Rule 77
may not be invoked to suspend Rule 21 or any part of this rule.
RULE 39
Petitions, Remonstrances and Memorials
Petitions, remonstrances, memorials and other papers
presented by a member shall be signed, dated and filed with the
Chief Clerk to be handed to the Speaker for reference to
appropriate committees.
The Speaker shall report to the House the committees to which
petitions, remonstrances, memorials and other papers have been
referred, not later than the next day the House is in session
following the day of filing.
RULE 40
Messages
Messages from the Senate and communications from the Governor
shall be received and read in the House within one legislative
day thereafter.
All House and Senate bills shall be delivered to the Senate
with appropriate messages no later than the close of the next
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legislative day of the Senate which follows the fifth
legislative day after which the House acted on such bill.
All House bills returned by the Senate after final passage
therein without amendment, and all conference committee reports
on House bills received from the Senate and adopted by the
House, shall be signed by the Speaker within one legislative day
after receipt or adoption, respectively, and shall be delivered
to the Senate before the close of the next legislative day of
the Senate.
All House bills and all conference committee reports on House
bills signed by the Speaker shall be delivered to the Governor
within 24 hours after return from the Senate with the signature
of the appropriate Senate officer.
RULE 41
Kind and Rank of Committee
The Committees of the House shall be of four kinds and rank
in the order named:
(1) Committee of the Whole House.
(2) Standing Committees.
(3) Select Committees.
(4) Conference Committees.
RULE 42
Committee of the Whole
The House may resolve itself into a Committee of the Whole at
any time on the motion of a member adopted by a majority vote of
the House.
In forming the Committee of the Whole, the Speaker shall
leave the chair, after appointing a Chair to preside.
The rules of the House shall be observed in the Committee of
the Whole as far as applicable, except that a member may speak
20090HR0042PN0218 - 43 -
more than once on the same question.
A motion to adjourn, to lay on the table, or for the previous
question cannot be put in the Committee of the Whole; but a
motion to limit or close debate is permissible.
A motion that the Committee of the Whole "do now rise and
report back to the House," shall always be in order, and shall
be decided without debate.
Amendments made in the Committee of the Whole shall not be
read when the Speaker resumes the Chair, unless so ordered by
the House.
RULE 43
Standing Committees and Subcommittees
The Committee on Committees shall consist of the Speaker and
15 members of the House, ten of whom shall be members of the
majority party and five of whom shall be members of the minority
party, whose duty shall be to recommend to the House the names
of members who are to serve on the standing committees of the
House. Except for the Speaker, the Majority and Minority
Leaders, Whips, Caucus Chairs, Caucus Secretaries, Caucus
Administrators, Policy Chairs and the chairs and minority chairs
of standing committees, each member shall be entitled to serve
on not less than two standing committees.
The Speaker shall appoint the chair and vice-chair of each
standing committee when such standing committee has no standing
subcommittees as prescribed herein, except the Committee on
Appropriations which shall also have a vice-chair appointed by
the Speaker; when the standing committee has standing
subcommittees, the Speaker shall appoint a subcommittee chair
for each standing subcommittee. The Speaker shall appoint a
secretary for each standing committee. The Minority Leader shall
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appoint the minority chair, minority vice-chair and minority
secretary of each standing committee and the minority
subcommittee chair for each standing subcommittee.
Except for members who decline chair status or minority chair
status in writing or who are barred from serving as a chair or
minority chair under this rule, the chair and minority chair of
each standing committee except the Appropriations Committee
shall be limited only to the members of the applicable caucus
with the most seniority as members of their respective caucus.
Whenever there are more caucus members with equal seniority than
available chairs or minority chairs for that caucus, the
selection of a chair or minority chair from among such caucus
members shall be in the discretion of the appointing authority.
The appointing authority may designate the standing committee to
which the appointing authority shall appoint a member as chair
or minority chair without regard to seniority. The Speaker and
the Floor Leader, Whip, Caucus Chair, Caucus Secretary, Caucus
Administrator and Policy Chair of the majority party and
minority party shall not be eligible to serve as chair or
minority chair of any standing committee and no member may serve
as chair or minority chair of more than one standing committee.
Any chair or minority chair held by a member who fails to
meet the requirements of this rule shall become vacant by
automatic operation of this rule. If the appointing authority
fails to make an appointment of a chair or minority chair prior
to the organizational meeting of a standing committee or fails
to fill a vacancy within seven calendar days after it occurs,
such position shall be deemed to remain vacant in violation of
this rule. Whenever a chair or minority chair becomes vacant or
remains vacant in violation of this rule, the member of the
20090HR0042PN0218 - 45 -
applicable caucus who meets the requirements of this rule shall
automatically fill the vacancy and, if there are two or more
such eligible caucus members for any such vacancy or vacancies,
they shall be filled from among such eligible members through a
lottery to be conducted under the supervision of the Chief Clerk
after giving notice of the time and place thereof to all
eligible members, to the Speaker, to the Majority Leader and to
the Minority Leader.
Nothing in this rule shall prohibit the appointing authority
from transferring a member from the chair or minority chair of a
standing committee to the chair or minority chair of another
standing committee.
Whenever the appointment of a chair or minority chair will
cause the applicable caucus to exceed its permissible allocation
of members on a standing committee, the appointing authority
shall make a temporary transfer of an eligible committee member
to the standing committee vacated by the member appointed as
chair or minority chair until a regular committee appointment
can be made in accordance with the rules of the House. If the
Speaker or Minority Leader fails to make a temporary transfer
within seven calendar days after such appointment, the committee
member with the least seniority, who is eligible for transfer,
shall be automatically transferred to the committee vacated by
the newly appointed chair or minority chair and, if more than
one committee member is eligible for such transfer, the transfer
shall be implemented through a lottery conducted under the
supervision of the Chief Clerk.
The Speaker of the House, Floor Leader of the majority party
and the Floor Leader of the minority party shall be ex-officio
members of all standing committees, without the right to vote
20090HR0042PN0218 - 46 -
and they shall be excluded from any limitation as to the number
of members on the committees or in counting a quorum.
Twenty-four standing committees of the House, each to consist
of 24 members except the Committee on Appropriations, which
shall consist of 35 members, are hereby created. In addition,
there are hereby created 43 standing subcommittees.
All standing committees shall consist of 14 members of the
majority party and ten members of the minority party, except the
Committee on Appropriations which shall consist of 21 members of
the majority party and 14 members of the minority party. The
quorum for each of the standing committees and subcommittees
shall be no less than the majority of said committees. The
following are the standing committees and subcommittees thereof:
(1) Aging and Older Adult Services
(a) Subcommittee on Care and Services
(b) Subcommittee on Programs and Benefits
(2) Agriculture and Rural Affairs
(3) Appropriations
(a) Subcommittee on Health and Welfare
(b) Subcommittee on Education
(c) Subcommittee on Economic Impact and Infrastructure
(d) Subcommittee on Fiscal Policy
(4) Children and Youth
(5) Commerce
(a) Subcommittee on Financial Services and Banking
(b) Subcommittee on Housing
(c) Subcommittee on Economic Development
(d) Subcommittee on Small Business
(6) Consumer Affairs
(a) Subcommittee on Public Utilities
20090HR0042PN0218 - 47 -
(b) Subcommittee on Telecommunications
(7) Education
(a) Subcommittee on Basic Education
(b) Subcommittee on Higher Education
(c) Subcommittee on Special Education
(8) Environmental Resources and Energy
(a) Subcommittee on Energy
(b) Subcommittee on Mining
(c) Subcommittee on Parks and Forests
(9) Finance
(10) Game and Fisheries
(11) Gaming Oversight
(12) Health and Human Services
(a) Subcommittee on Health
(b) Subcommittee on Human Services
(c) Subcommittee on Drugs and Alcohol
(d) Subcommittee on Mental Health
(13) Insurance
(14) Judiciary
(a) Subcommittee on Crime and Corrections
(b) Subcommittee on Courts
(c) Subcommittee on Family Law
(15) Intergovernmental Affairs
(a) Subcommittee on Information Technology
(b) Subcommittee on Federal-State Relations
(16) Labor Relations
(17) Liquor Control
(a) Subcommittee on Licensing
(b) Subcommittee on Marketing
(18) Local Government
20090HR0042PN0218 - 48 -
(a) Subcommittee on Boroughs
(b) Subcommittee on Counties
(c) Subcommittee on Townships
(19) Professional Licensure
(20) State Government
(21) Tourism and Recreational Development
(a) Subcommittee on Arts and Entertainment
(b) Subcommittee on Recreation
(c) Subcommittee on Travel Promotion
(22) Transportation
(a) Subcommittee on Highways
(b) Subcommittee on Public Transportation
(c) Subcommittee on Transportation Safety
(d) Subcommittee on Aviation
(e) Subcommittee on Railroads
(23) Urban Affairs
(a) Subcommittee on Cities, Counties - First Class
(b) Subcommittee on Cities, Counties - Second Class
(c) Subcommittee on Cities, Third Class
(24) Veterans Affairs and Emergency Preparedness
(a) Subcommittee on Military and Veterans Facilities
(b) Subcommittee on Security and Emergency Response
Readiness
RULE 44
Organization of Standing Committees
and Subcommittees
The membership of each standing committee shall first meet
upon the call of its chair and perfect its organization. A
majority of the members to which each standing committee is
entitled shall constitute a quorum for it to proceed to
20090HR0042PN0218 - 49 -
business. Each standing committee shall have the power to
promulgate rules not inconsistent with these rules which may be
necessary for the orderly conduct of its business.
Where a standing committee has standing subcommittees as
prescribed by Rule 43, the membership on such standing
subcommittees shall be appointed by the Committee on Committees
after consultation with each chair of a standing committee of
which the standing subcommittee is a part. Each standing
subcommittee shall consist of the chair of its parent standing
committee, as an ex-officio member, the chair of the standing
subcommittee, and five other members from the parent standing
committee to be appointed by the Committee on Committees, three
from among the majority party after consultation with the
Majority Leader and two from among the minority party after
consultation with the Minority Leader. Where it is deemed
advisable that the membership of any standing subcommittee be of
greater number than that prescribed herein, the Committee on
Committees may appoint additional members of the standing
committee from the majority or minority party to serve on such
standing subcommittee. The number of additional members selected
should be such as to maintain, as far as is practicable, a ratio
in majority and minority party membership which affords a fair
and reasonable representation to the minority party on the
standing subcommittee.
The chair and the minority chair of each standing committee
shall be ex-officio members of each standing subcommittee which
is part of the parent standing committee, with the right to
attend standing subcommittee meetings and vote on any matter
before such standing subcommittee.
A majority of the members of each standing subcommittee shall
20090HR0042PN0218 - 50 -
constitute a quorum for the proper conduct of its business. Each
standing subcommittee may promulgate such rules necessary for
the conduct of its business which are not inconsistent with the
rules of its parent standing committee or the Rules of the
House.
When the chair of a standing committee has referred a bill,
resolution or other matter to a standing subcommittee, the power
and control over such bill, resolution or other matter shall
then reside in such subcommittee for a reasonable period of time
thereafter in order that such subcommittee may consider the
bill, resolution or other matter and return the same to its
standing committee with its recommendations as to the action
which ought to be taken on such bill, resolution or other
matter.
Each standing subcommittee, within a reasonable time after it
has received a bill, resolution or other matter, shall meet as a
committee for the purpose of considering the same and returning
the bill, resolution or other matter back to its parent standing
committee with a subcommittee report as to what action it
recommends. The report of the subcommittee on a bill, resolution
or other matter being returned to the standing committee shall
contain one of the following recommendations:
(1) that the bill, resolution or other matter in its present
form be reported to the House,
(2) that the bill, resolution, or other matter not be
reported to the House,
(3) that the bill, resolution or other matter be reported to
the House, with recommendations for amendments,
(4) that the bill, resolution or other matter is returned
without recommendations.
20090HR0042PN0218 - 51 -
When a standing committee receives reports from its
subcommittees, it shall consider the same and by majority vote
of the members of the standing committee either approve or
disapprove such report. If disapproved, the standing committee
may then determine by a majority vote of its members what
further action, if any, should be taken on such bill, resolution
or other matter.
Where no action has been taken by a standing subcommittee on
a bill, resolution or other matter referred to it, and the chair
of the standing committee considers that such subcommittee has
had reasonable time to consider the bill, resolution or other
matter and return the same to its parent standing committee, the
subcommittee chair shall then forthwith surrender and forward
the same, together with all documents or papers pertaining
thereto, to the standing committee.
In the event that a chair of a standing committee is absent,
the following rules shall apply:
(1) If such standing committee has no subcommittee
prescribed by this rule, the vice-chair of the standing
committee shall act as chair of the committee meetings.
(2) If such standing committee has only one subcommittee,
the subcommittee chair shall act as chair of the standing
committee.
(3) If the standing committee has more than one
subcommittee, the subcommittee chair with the longest
consecutive legislative service shall act as chair of the
standing committee, except where the subcommittee chairs have
equal legislative service, in which case the Speaker of the
House shall designate one of the subcommittee chairs to act as
chair of the standing committee.
20090HR0042PN0218 - 52 -
In case of absence of a subcommittee chair, the chair of the
appropriate standing committee shall designate one member from
either the standing committee or subcommittee to act as chair of
the subcommittee.
RULE 45
Powers and Duties of Standing Committees
and Subcommittees
The chair of each standing committee and subcommittee shall
fix regular weekly, biweekly or monthly meeting days for the
transaction of business before the committee or subcommittee.
The chair of the committee or subcommittee shall notify all
members, at least 24 hours in advance of the date, time and
place of regular meetings, and, insofar as possible, the
subjects on the agenda. In addition to regular meetings, special
meetings may be called from time to time by the chair of the
committee or subcommittee as they deem necessary. No recess or
combination of recesses shall exceed 48 hours for any committee
meeting or subcommittee meeting. No committee shall meet during
any session of the House without first obtaining permission of
the Speaker. During any such meeting, no vote shall be taken on
the Floor of the House on any amendment, recommittal motion,
final passage of any bill, or any other matter requiring a roll
call vote. Any committee meeting called off the Floor of the
House shall meet in a committee room. In addition to the
specific provisions of this rule, all provisions of 65 Pa.C.S.
Ch. 7 (relating to open meetings) relative to notice of meetings
shall be complied with.
At regularly scheduled meetings, or upon the call of the
chair, or subcommittee chair, for special meetings, the
membership of such committees shall meet to consider any bill,
20090HR0042PN0218 - 53 -
resolution, or other matter on the agenda. The secretary of each
standing committee, or in case of subcommittees a secretary
designated by the subcommittee chair, shall record:
(1) the minutes of the meeting,
(2) all votes taken,
(3) a roll or attendance of members at standing committee or
subcommittee meetings showing the names of those present, absent
or excused from attendance, and the majority and minority chairs
or their designees shall verify by their signatures all votes
taken and the roll or attendance of those members present,
absent or excused before said records are submitted to the Chief
Clerk, and
(4) dispatch of bills and resolutions before the committee.
Such records shall be open to public inspection. On the first
legislative day of each week the House is in session, the chair
of each standing committee shall submit to the Chief Clerk for
inclusion in the House Journal only, the roll or record of
attendance of members at standing committee or subcommittee
meetings held prior thereto and not yet reported, along with the
record of all votes taken at such meetings. All reports from
standing committees shall be prepared in writing by the
secretary of the committee. Members of a standing committee may
prepare in writing and file a minority report, setting forth the
reasons for their dissent. Such committee reports shall be filed
with the Chief Clerk within five days of the meeting. All
meetings at which formal action is taken by a standing committee
or subcommittee shall be open to the public, making such reports
as are required under Rule 44. When any member, except for an
excused absence, fails to attend five consecutive regular
meetings of his or her committee, the chair of that committee or
20090HR0042PN0218 - 54 -
subcommittee shall notify the member of that fact and, if the
member in question fails to reasonably justify absences to the
satisfaction of a majority of the membership of the standing
committee of which he or she is a member, membership on the
committee or subcommittee shall be deemed vacant and the chair
of the standing committee shall notify the Speaker of the House
to that effect. Such vacancy shall then be filled in the manner
prescribed by these rules.
Whenever the chair of any standing committee shall refuse to
call a regular meeting, then a majority of the members of the
standing committee may vote to call a meeting by giving two days
written notice to the Speaker of the House, setting the time and
place for such meeting. Such notice shall be read in the House
and the same posted by the Chief Clerk in the House Chamber.
Thereafter, the meeting shall be held at the time and place
specified in the notice. In addition, all provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of
meetings shall be complied with.
Records, bills and other papers in the possession of
committees and subcommittees, upon final adjournment of the
House shall be filed with the Chief Clerk.
No committee report, except a report of the Appropriations
Committee, shall be recognized by the House, unless the same has
been acted upon by a majority vote of the members of a standing
committee present at a committee session actually assembled and
meeting as a committee, provided such majority vote numbers at
least 11 members, and provided further a quorum is present. No
committee report of the Appropriations Committee shall be
recognized by the House, unless the same has been acted upon by
a majority vote of the members of such committee present at a
20090HR0042PN0218 - 55 -
committee session actually assembled and meeting as a committee,
provided such majority vote numbers at least 16 members, and
provided further a quorum is present.
No proxy voting shall be permitted in committee, except as
provided for herein. If a member reports to a scheduled
committee meeting and advises the chair and other members of a
conflicting committee meeting or other legislative meeting which
he or she must attend on the same day, the member is authorized
to give the chair or minority chair his or her proxy in writing
which shall be valid only for that day and which shall include
written instructions for the exercise of such proxy by the chair
or minority chair during the meeting. The member should also
advise the chair where he or she can be reached. In the event
the conflicting committee meeting or other legislative meeting
is scheduled to convene at the same time or prior to the meeting
at which a member desires to vote by proxy, such proxy shall be
delivered by the member in person to the offices of both the
chair and minority chair prior to, but on the same day as, the
conflicting meetings.
When the majority of the members of a standing committee
believe that a certain bill or resolution in the possession of
the standing committee should be considered and acted upon by
such committee, they may request the chair to include the same
as part of the business of a committee meeting. Upon failure of
the chair to comply with such request, the membership may
require that such bill be considered by written motion made and
approved by a majority vote of the entire membership to which
such committee is entitled.
Whenever the phrase "majority of members of a standing
committee or subcommittee" is used in these rules, it shall mean
20090HR0042PN0218 - 56 -
majority of the entire membership to which a standing committee
or subcommittee is entitled, unless the context thereof
indicates a different intent.
To assist the House in appraising the administration of the
laws and in developing such amendments or related legislation as
it may deem necessary, each standing committee or subcommittee
of the House shall exercise continuous watchfulness of the
execution by the administrative agencies concerned of any laws,
the subject matter of which is within the jurisdiction of such
committee or subcommittee; and, for that purpose, shall study
all pertinent reports and data submitted to the House by the
agencies in the executive branch of the Government.
The Committee on Appropriations shall have the power to issue
subpoenas under the hand and seal of its chair commanding any
person to appear before it and answer questions touching matters
properly being inquired into by the committee, which matters
shall include data from any fund administered by the
Commonwealth, and to produce such books, papers, records,
documents and data and information produced and stored by any
electronic data processing system as the committee deems
necessary. Such subpoenas may be served upon any person and
shall have the force and effect of subpoenas issued out of the
courts of this Commonwealth. Any person who willfully neglects
or refuses to testify before the committee or to produce any
books, papers, records, documents or data and information
produced and stored by any electronic data processing system
shall be subject to the penalties provided by the laws of the
Commonwealth in such case. Each member of the committee shall
have power to administer oaths and affirmations to witnesses
appearing before the committee. The committee may also cause the
20090HR0042PN0218 - 57 -
deposition of witnesses either residing within or without the
State to be taken in the manner prescribed by law for taking
depositions in civil actions.
RULE 46
Committee on Rules
The Committee on Rules shall consist of the Speaker, the
Majority Leader, the Majority Whip, the Minority Leader, the
Minority Whip, the Majority Appropriations Chair, the Minority
Appropriations Chair, 12 members of the majority party appointed
by the Speaker, and ten members of the minority party appointed
by the Minority Leader. The Majority Leader shall be chair.
The committee shall make recommendations designed to improve
and expedite the business and procedure of the House and its
committees, and to propose to the House any amendments to the
Rules deemed necessary. The committee shall also do all things
necessary to fulfill any assignment or duty given to the
committee by any resolution, or other rule of the House of
Representatives.
The committee shall be privileged to report at any time.
The committee shall, until or unless superseded by law, adopt
guidelines for the expenditure of all funds appropriated to the
House or to any member or nonmember officer by any appropriation
act.
Such guidelines shall include a detailed statement of the
general and specific purposes for which the funds from that
appropriation account may be used, as well as uniform standards
of required documentation, accounting systems and record keeping
procedures.
Except as expressly provided in Rule 30 or this rule, the
committee shall not have the power to amend any bill or joint
20090HR0042PN0218 - 58 -
resolution.
RULE 47
Ethics Committee
As used in the context of this rule, the word "committee"
shall mean the Committee on Ethics of the House of
Representatives, and the phrase "majority of the committee"
shall mean a majority of the members to which the committee is
entitled.
The committee shall consist of eight members: four of whom
shall be members of the majority party appointed by the Speaker,
and four of whom shall be members of the minority party
appointed by the Minority Leader. The Speaker shall appoint from
the members a chair, vice chair and secretary for the committee.
The chair shall be a member of the majority party and the vice
chair shall be a member of the minority party.
[The Speaker shall fix a voting session day for the Chief
Clerk to randomly select committee members from the lists
provided by each caucus. The Chief Clerk shall give at least
seven days' notice by mail of the date to all members. The Chief
Clerk shall conduct the random selection of committee members on
the floor of the House during session. Immediately following the
random selection, the Speaker shall read the names of the
committee members upon the record.]
The chair shall notify all members of the committee at least
24 hours in advance of the date, time and place of a regular
meeting. Whenever the chair shall refuse to call a regular
meeting, a majority of the committee may vote to call a meeting
by giving two days' written notice to the Speaker of the House
setting forth the time and place for such meeting. Such notice
shall be read in the House and posted in the House Chamber by
20090HR0042PN0218 - 59 -
the Chief Clerk, or a designee. Thereafter, the meeting shall be
held at the time and place specified in such notice.
The committee shall compile and distribute a Members'
Handbook on Ethics to advise members, officers and employees of
the House on matters regarding conflicts of interest, and
nonfeasance, malfeasance and misfeasance in legislative duties.
Each member shall be required to complete two hours of ethics
education and training each legislative term. The committee
shall be responsible for planning and offering ethics education
programs.
The committee shall conduct its investigations, hearings and
meetings relating to a specific investigation or a specific
member, officer or employee of the House in closed session and
the fact that such investigation is being conducted or to be
conducted or that hearings or such meetings are being held or
are to be held shall be confidential information unless the
person subject to investigation advises the committee in writing
that he or she elects that such hearings shall be held publicly.
In the event of such an election, the committee shall furnish
such person a public hearing. All other meetings of the
committee shall be open to the public.
The committee shall receive complaints against members,
officers and employees of the House, and persons registered or
carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating
to lobbying disclosure), alleging illegal or unethical conduct.
Any such complaint must be in writing [verified] sworn or
affirmed to by the person filing the complaint under penalty of
law under 18 Pa.C.S. § 4904 (relating to unsworn falsification
to authorities) and must set forth in detail the conduct in
question and the section of the "Legislative Code of Ethics,"
20090HR0042PN0218 - 60 -
the provision of 65 Pa.C.S. Ch. 13A or the House rule violated.
As a general rule, no person shall disclose or acknowledge to
any other person any information relating to the filing of a
complaint, except as otherwise authorized under this rule or to
carry out a function of the committee. The committee shall make
a preliminary investigation of the complaint, and if it is
determined by a majority of the committee that a violation of
the rule or law may have occurred, the person against whom the
complaint has been brought shall be notified in writing and
given a copy of the complaint. If at any time a majority of the
committee determines that the complaint was a "frivolous
complaint" as defined under 65 Pa.C.S. § 1102 (relating to
definitions), or made without probable cause and primarily for a
purpose other than that of reporting illegal or unethical
conduct, then the committee shall notify the complainant and the
person against whom the complaint has been brought of such
determination. Within 15 days after receipt of the complaint,
such person may file a written answer thereto with the
committee. Upon receipt of the answer, by vote of a majority of
the committee, the committee shall either dismiss the complaint
within ten days or proceed with a formal investigation, to
include hearings, not less than ten days nor more than 30 days
after notice in writing to the persons so charged. Failure of
the person charged to file an answer shall not be deemed to be
an admission or create an inference or presumption that the
complaint is true, and such failure to file an answer shall not
prohibit a majority of the committee from either proceeding with
a formal investigation or dismissing the complaint.
A majority of the committee may initiate a preliminary
investigation of the suspected violation of a Legislative Code
20090HR0042PN0218 - 61 -
of Ethics or House rule by a member, officer or employee of the
House or lobbyist. If it is determined by a majority of the
committee that a violation of a rule or law may have occurred,
the person in question shall be notified in writing of the
conduct in question and the section of the "Legislative Code of
Ethics," the provision of 65 Pa.C.S. Ch. 13A or the House rule
violated. Within 15 days, such person may file a written answer
thereto. Upon receipt of the answer, by vote of a majority of
the committee, the committee shall either dismiss the charges
within ten days or proceed with a formal investigation, to
include hearings, not less than ten days nor more than 30 days
after notice in writing to the person so charged. Failure of the
person charged to file an answer shall not be deemed to be an
admission or create an inference or presumption that the charge
is true, and such failure to file an answer shall not prohibit a
majority of the committee from either proceeding with a formal
investigation or dismissing the charge.
In the event that the committee shall elect to proceed with a
formal investigation of the conduct of any member, officer or
employee of the House, the committee shall employ independent
counsel who shall not be employed by the House for any other
purpose or in any other capacity during such investigation.
All constitutional rights of any person under investigation
shall be preserved, and such person shall be entitled to present
evidence, cross-examine witnesses, face his or her accuser, and
be represented by counsel.
The chair may continue any hearing for reasonable cause, and
upon the vote of a majority of the committee or upon the request
of the person subject to investigation, the chair shall issue
subpoenas for the attendance and testimony of witnesses and the
20090HR0042PN0218 - 62 -
production of documentary evidence relating to any matter under
formal investigation by the committee. The committee may
administer oaths or affirmations and examine and receive
evidence.
All testimony, documents, records, data, statements or
information received by the committee in the course of any
investigation shall be private and confidential except in the
case of public hearings or in a report to the House. No report
shall be made to the House unless a majority of the committee
has made a finding of unethical or illegal conduct on the part
of the person under investigation. No finding of unethical or
illegal conduct shall be valid unless signed by at least a
majority of the committee. Any such report may include a
minority report. The committee shall have the authority to
recommend to the House action as appropriate. No action shall be
taken by the House on any finding of illegal or unethical
conduct nor shall such finding or report containing such finding
be made public sooner than seven days after a copy of the
finding is sent by certified mail to the member, officer or
employee under investigation.
The committee may meet with a committee of the Senate to hold
investigations or hearings involving employees of the two houses
jointly or officers or employees of the Legislative Reference
Bureau, the Joint State Government Commission, the Local
Government Commission, the Legislative Budget and Finance
Committee and the Legislative Data Processing Committee;
provided, however, that no action may be taken at a joint
meeting unless it is approved by a majority of the committee.
In the event that a member of the committee shall be under
investigation, such member shall be temporarily replaced on the
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committee in a like manner as said member's original
appointment.
The committee, at the request of a member, officer or
employee concerned about an ethical problem relating to the
member, officer or employee alone or in conjunction with others,
may render advisory opinions with regard to questions pertaining
to legislative ethics or decorum. Such advisory opinions shall
be confidential and shall apply exclusively to the requestor. No
requestor who acts in good faith on an advisory opinion issued
to that requestor by the Ethics Committee shall be subject to
any sanctions for so acting if the material facts are as stated
in the advisory opinion request.
A member shall not create, maintain or cause to be created or
maintained a legislative nonprofit organization. A "legislative
nonprofit organization" means a nonprofit corporation or other
entity whose primary purpose is to receive funds under the
General Appropriations Act or another appropriations act at the
discretion or by reason of the influence of a member for the use
at the direction or discretion of the member. The Ethics
Committee shall issue to any member upon the member's request a
legislative nonprofit organization opinion with respect to the
member's duties under this rule. The Ethics Committee shall,
within 14 days, issue the legislative nonprofit organization
opinion. No member who acts in good faith on a legislative
nonprofit organization opinion issued to that member by the
Ethics Committee shall be subject to any sanctions for so acting
if the material facts are as stated in the legislative nonprofit
organization opinion request. The Ethics Committee's legislative
nonprofit organization opinions shall be public records and may
from time to time be published, except that the member
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requesting the legislative nonprofit organization opinion may
require that the legislative nonprofit organization opinion
contain deletions and changes necessary to protect the identity
of the persons involved.
Any member of the committee breaching the confidentiality of
materials and events as set forth in this rule shall be removed
immediately from the committee and replaced by another member of
the House in a like manner as said member's original
appointment.
The committee may adopt rules of procedure for the orderly
conduct of its affairs, investigations, hearings and meetings,
which rules are not inconsistent with this rule.
The committee shall continue to exist and have authority and
power to function after the sine die adjournment of the General
Assembly and shall so continue until the expiration of the then
current term of office of the members of the committee.
RULE 47 (a)
Status of Members Indicted or Convicted of a Crime
When an indictment is returned or a charge is filed before a
court of record against a member of the House, and the gravamen
of the indictment or charge is directly related to the member's
conduct as a committee chair or ranking minority committee
member or in a position of leadership or is one which would
render the member ineligible to the General Assembly under
section 7 of Article II of the Constitution of Pennsylvania, the
member shall be relieved of committee chair status, ranking
minority committee member status or leadership position until
the indictment or charge is disposed of, but the member shall
otherwise continue to function as a Representative, including
voting, and shall continue to be paid.
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If, during the same legislative session, the indictment or
charge is quashed, dismissed or withdrawn, or the court finds
that the member is not guilty of the offense alleged, the member
shall immediately be restored to committee chair status, ranking
minority committee member status or the leadership position
retroactively from which he or she was suspended.
Upon a finding or verdict of guilt by a judge or jury, plea
or admission of guilt or plea of nolo contendere of a member of
the House of a crime, the gravamen of which relates to the
member's conduct as a Representative or which would render the
member ineligible to the General Assembly under section 7 of
Article II of the Constitution of Pennsylvania, and upon
imposition of sentence, the Parliamentarian of the House shall
prepare a resolution of expulsion under the sponsorship of the
Chair and Vice-Chair of the House Ethics Committee. The
resolution shall be printed and placed on the calendar for the
next day of House session.
RULE 48
Conference Committee
All Committees of Conference shall be appointed by the
Speaker and shall be composed of three members, two of whom
shall be selected from the majority party and one from the
minority party.
The conferees shall confine themselves to the differences
which exist between the House and Senate.
The presentation of reports of Committees of Conference shall
be in order after having been signed by a majority of members of
the committee of each House.
Consideration of a report of a Committee of Conference by the
House shall be in order when it has been printed, placed on the
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desks of the members and listed on the calendar.
RULE 49
Committee Action
Whenever a bill, resolution or other matter has been referred
by the Speaker of the House to a standing committee, and such
committee has one or more standing subcommittees, the chair of
the standing committee may either refer it to an appropriate
subcommittee or retain it for consideration by the entire
standing committee. If it is retained, such standing committee
shall have full power and control over such bill, resolution or
other matter, except that such committee shall not change the
subject nor any amendments adopted by the House. Where the chair
of the standing committee refers such bill, resolution, or
matter to a subcommittee, such subcommittee, except as
hereinafter provided, shall have full power over the same.
The recommendations by a committee that a bill or resolution
be reported negatively shall not affect its consideration by the
House. The words "negative recommendation" shall be printed
conspicuously on a line above the title of this bill.
All standing subcommittees shall be subject to the will of
the majority of their parent standing committee and shall not
promulgate any rules or take any action inconsistent with the
rules of their parent standing committee or the Rules of the
House.
After a bill is reported out of committee, all committee
votes taken with respect to the bill shall be posted on the
Internet as soon as practicable.
RULE 50
Public Hearings
Each standing committee, subcommittee or select committee to
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which a proposed bill, resolution or any matter is referred
shall have full power and authority to study said bill,
resolution or other matter before it, as such committee, shall
determine is necessary to enable it to report properly to the
House thereon. To this end, a standing committee, subcommittee,
or select committee, may as hereinafter provided, conduct public
hearings. No standing committee, subcommittee or select
committee shall hold any public hearings without prior approval
by a majority vote of the members of the standing committee and
the Speaker or the Majority Leader of the House. The Speaker or
the Majority Leader of the House shall withhold approval of
public hearings based only on budgetary consideration.
When a public hearing has been authorized as aforesaid, the
chair of the standing committee, subcommittee chair, or select
committee chair as the case may be, shall instruct the Chief
Clerk to give written notice thereof to each House Member not
less than five calendar days before the proposed hearings and
post the same in or immediately adjacent to the House Chambers.
Such notice, which shall contain the day, hour and place of the
hearing and the number or numbers of bills or other subject
matter to be considered at such hearing, shall also be given the
supervisor of the news room, and to the news media. In addition,
all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings),
relative to notice of meetings shall be complied with.
Public hearings held by a standing committee shall be chaired
by the chair of such committee, unless absent, in which case an
acting chair shall be selected in the manner prescribed by these
rules to serve. Public hearings held by standing subcommittees
shall be chaired by the subcommittee chair thereof, but the
chair of the parent standing committee, as an ex-officio member
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of the subcommittee, shall have the right to attend and
participate in the hearing proceedings. In the absence of the
subcommittee chair, an acting chair shall be appointed in the
manner prescribed by these rules.
All public hearings shall be open to the public and
reasonable opportunity to be heard shall be afforded to all
interested parties who have requested an appearance before the
committee. In addition, it shall be the responsibility of the
committee in conducting its hearing to request the presentation
of testimony by any person who, in the opinion of the committee,
is qualified to present pertinent and important testimony.
Such committee shall, so far as practicable, request all
witnesses appearing before it to file written statements of
their proposed testimony. The chair shall have the right to fix
the order of appearance and the time to be allotted to
witnesses. Witnesses may submit brief pertinent statements in
writing for inclusion in the record. The committee is the sole
judge of the pertinency of testimony and evidence adduced at its
hearings.
The chair, in presiding at such public hearings, shall
preserve order and decorum, in and adjacent to his committee
room while the hearing is being conducted and shall have the
authority to direct the removal from the committee room of any
person who fails to comply with order and decorum of the
committee.
Proceedings of all public hearings shall be either
stenographically or electronically recorded. The committee shall
determine which parts of such recorded proceedings, if any,
shall be transcribed and the distribution thereof. Except as
hereinafter provided, no more than four copies of any transcript
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shall be made. Such stenographic or electronic records and at
least one copy of any transcription shall be preserved by the
Chief Clerk until authorized to dispose of same by an
affirmative vote of three-quarters of the entire membership of
the Rules Committee and shall be made available to any member
upon written request for the purpose of copying or transcription
at that member's expense. Any transcribed records and any
reports of the committee shall be filed with the Chief Clerk or
his designee and shall be made available to any person in
accordance with reasonable rules and regulations prescribed by
the Chief Clerk. Upon payment of a reasonable cost to be
determined by the Chief Clerk, a person may obtain a copy of
such transcribed records or reports.
All written testimony and all transcribed testimony at
committee hearings shall be posted on the Internet as soon
thereafter as practicable.
The Chief Clerk shall not make payment of any expenses
incurred as a result of a public hearing without the prior
written approval of the Speaker or the Majority Leader of the
House.
RULE 51
Investigations
Any standing committee, subcommittee or select committee,
upon resolution introduced and approved by majority vote of the
House, may be authorized and empowered to conduct hearings at
any place in the Commonwealth to investigate any matter provided
for in such resolution. When authorized by such a resolution,
such committee shall be empowered to issue subpoenas under the
hand and seal of the chair thereof commanding any person to
appear before it and answer questions touching matters properly
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being inquired into by the committee and produce such books,
papers, records, accounts, reports, and documents as the
committee deems necessary. Such subpoenas may be served upon any
person and shall have the force and effect of subpoenas issued
out of the courts of this Commonwealth. Where any person
willfully neglects or refuses to comply with any subpoena issued
by the committee or refuses to testify before the committee on
any matter regarding which the person may be lawfully
interrogated, it shall be the duty of the committee to report
such disobedience or refusal to the House of Representatives,
and such person shall be subject to the penalties provided by
the laws of the Commonwealth in such cases. All such subpoenaed
books, papers, records, accounts, reports, and documents shall
be returned to the person from whom such material was subpoenaed
when the committee has completed its examination of such
material, but in no event later than the date on which the
committee completes its investigation. Such material, or any
information derived therefrom not a part of public sessions of
the committee, shall not be turned over to any person or
authority without the consent of the person from whom such
material was subpoenaed. Each member of the committee shall have
power to administer oaths and affirmations to witnesses
appearing before the committee. The Sergeant-at-Arms of the
Legislature or other person designated by the committee shall
serve any subpoenas issued by the committee, when directed to do
so by the committee. The subpoena shall be addressed to the
witness, state that such proceeding is before a committee of the
House at which the witness is required to attend and testify at
a time and place certain and be signed by the chair of the
committee commanding attendance of such witness. Mileage and
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witness fees shall be paid to such witness in an amount
prescribed by law.
The chair of the investigative hearing shall call the
committee to order and announce in an opening statement the
subject or purposes of the investigation.
A copy of this rule shall be made available to the witnesses
at least three calendar days prior to his or her scheduled
testimony. Witnesses at investigative hearings, may be
accompanied by their own counsel for the purpose of advising
them concerning their constitutional rights. The chair, for
breaches of order or decorum or of professional ethics on the
part of counsel, may exclude counsel from the hearing. Counsel
may interpose legal objection to any and all questions which in
the opinion of counsel may violate the civil or constitutional
rights of his or her clients.
If the committee determines that evidence or testimony at an
investigative hearing may tend to defame, degrade or incriminate
any person, it shall:
(1) receive such evidence or testimony in executive session;
(2) afford such person an opportunity voluntarily to appear
as a witness; and
(3) receive and dispose of requests from such person to
subpoena additional witnesses.
No evidence or testimony taken in executive session may be
released to any person or authority or used in public sessions
without the consent of the committee.
Proceedings of all public hearings shall be either
stenographically or electronically recorded. The committee shall
determine which parts of such recorded proceedings, if any,
shall be transcribed and four copies thereof shall be
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distributed and additional copies made available as provided in
Rule 50. Such stenographic or electronic records shall be
preserved by the Chief Clerk until directed to dispose of same
by an affirmative vote of three-quarters of the entire
membership of the Rules Committee and shall be made available to
any member upon written request for the purpose of transcription
at that member's expense. Any transcribed records and any
reports of the committee shall be filed with the Chief Clerk or
a designee and shall be made available to any person in
accordance with reasonable rules and regulations prescribed by
the Chief Clerk.
Upon payment of a reasonable cost to be determined by the
Chief Clerk, a person may obtain a copy of the transcript of any
testimony given at a public session or, if given at an executive
session when authorized by the committee. All standing
committees, subcommittees, special committees or commissions
which are authorized to hold public hearings and investigations
shall file a final report before being discharged of delegated
responsibilities.
RULE 52
Possession of Bills by Committee
When a committee has ordered that a bill, resolution or other
matter be reported to the House, the member to whom it is
assigned shall make the report thereof to the House either on
the same day or at the next meeting of the House.
Failure of a member to comply with this rule shall be
reported to the House by the committee, provided the official
copy of the bill, resolution or other matter has not been
obtained. Upon a motion agreed to by the House, a duplicate
certified copy of a House bill, House resolution or other House
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matter shall be furnished to the committee by the Chief Clerk.
A committee or subcommittee shall not consider a bill,
resolution or other matter which is not in its possession.
When a committee reports to the House that a House bill,
House resolution or other House matter referred to it is lost,
upon a motion agreed to by the House, a duplicate certified copy
thereof shall be furnished by the Chief Clerk.
If the Senate bill, Senate resolution or other Senate matter
received from the Senate is lost, upon a motion agreed to by the
House, a request shall be made to the Senate to furnish the
House with a duplicate certified copy thereof.
If a bill, resolution or other matter is lost before it has
been referred to a committee, the fact shall be reported to the
House and the procedure provided by this rule shall be followed.
RULE 53
Discharge of Committees
A member may present to the Chief Clerk a resolution in
writing to discharge a committee from the consideration of a
bill or resolution which has been referred to it 15 legislative
days prior thereto (but only one motion may be presented for
each bill or resolution). The discharge resolution shall be
placed in the custody of the Chief Clerk, who shall arrange some
convenient place for the signature of the members. A signature
may be withdrawn by a member in writing at any time before the
discharge resolution is entered in the Journal. When 25 members
of the House shall have signed the resolution, it shall be
entered in the Journal and the title of the bill or resolution
and the name of the committee to be discharged shall be printed
on the calendar.
Any member who has signed a discharge resolution which has
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been on the calendar at least one legislative day prior thereto
and seeks recognition, shall be recognized for the purpose of
calling up the discharge resolution and the House shall proceed
to its consideration without intervening motion except one
motion to adjourn; however, no discharge resolution shall be
considered during the last six legislative days of any session
of the House. A majority vote of all the members elected to the
House shall be required to agree to a resolution to discharge a
committee. When any perfected discharge resolution has been
acted upon by the House and defeated it shall not be in order to
entertain during the same session of the House any other
discharge resolution from that committee of said measure, or
from any other committee of any other bill or resolution
substantially the same, relating in substance to or dealing with
the same subject matter.
RULE 54
Presentation and Withdrawal of Motions
When a motion which is in order has been made, the Speaker
shall state it or (if it is in writing) cause it to be read by
the Clerk. It shall then be in the possession of the House, but
it may be withdrawn by the maker at any time before decision or
amendment.
The Speaker shall put the question in the following form,
viz: "those in favor of the motion will say 'aye'." After the
affirmative is expressed, "those who are opposed will say 'no'."
All motions, except for the previous question and a motion
for reconsideration, may be made without a second.
No dilatory motion shall be entertained by the Speaker.
RULE 55
Privileged Motions
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When a question is under debate or before the House, no
motion shall be received but the following, which shall take
precedence in the order named:
(1) To adjourn, or recess.
(2) To extend session.
[(2)] (3) A call of the House.
[(3)] (4) To lay on the table.
[(4)] (5) For the previous question.
[(5)] (6) To postpone.
[(6)] (7) To commit or recommit.
[(7)] (8) To amend.
Debate on the motion to postpone shall be confined to the
question of the postponement and shall not include discussion of
the main question.
The motion to commit or recommit is open to debate only as to
the reasons for or against reference to committee and shall not
include a discussion of the merits of the main question.
Debate on the motion to amend shall be limited to the
amendment and shall not include the general merits of the main
question.
RULE 56
Adjourn
A motion to adjourn or recess is debatable, cannot be amended
and is always in order, except:
(1) when another member has the floor; or
(2) when the House is voting.
RULE 57
Call of the House
If a question of the absence of a quorum is raised by a
member, the Speaker shall order the Sergeant-at-Arms to close
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the doors of the House. No member shall be permitted to leave
the House, except by permission of the House. The names of the
members present shall be recorded and absentees noted. Those for
whom no leave of absence has been granted or no sufficient
excuse is made may, by order of a majority of the members
present, be sent for and taken into custody by the Sergeant-at-
Arms and assistants appointed for that purpose, and brought
before the bar of the House where, unless excused by a majority
of the members present, they shall be censured or punished for
neglect of duty as the House may direct.
Further proceedings under a call of the House may be
dispensed with at any time after the completion of the roll call
and the announcement of the result.
These proceedings shall be without debate, and no motion,
except to adjourn, shall be in order.
RULE 58
Persons Admitted Under a Call of the House
Members who voluntarily appear during a call of the House
shall be admitted to the House. Upon recognition by the Speaker
they shall announce their presence and their names shall be
recorded on the roll.
Officers of the House, accredited correspondents and
employees designated by the Chief Clerk shall be admitted to the
House during a call.
Visitors shall not be admitted to the House after the doors
are closed and until the proceedings under the call are
terminated, but they shall be permitted to leave.
RULE 59
Lay on the Table
A motion to lay on the table is debatable[,] by the Majority
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Leader, the Minority Leader, the maker of the motion, the maker
of the amendment under consideration and the prime sponsor of
the bill under consideration. It is not subject to amendment and
carries with it the main question and all other pending
questions which adhere to it, except when an appeal is laid on
the table. The passage of a motion to lay an amendment on the
table shall cause the subject bill or resolution and all other
amendments to be laid on the table.
RULE 60
Motion to Take from the Table
A motion to take from the table a bill or other subject is in
order under the same order of business in which the matter was
laid on the table. It shall be decided without amendment and is
debatable by the Majority Leader, the Minority Leader, the maker
of the motion, the maker of the amendment under consideration
and the prime sponsor of the bill under consideration.
RULE 61
Previous Question
A motion for the previous question, seconded by 20 members
and sustained by a majority of the members present, shall put an
end to all debate and bring the House to an immediate vote on
the question then pending, or the questions on which it has been
ordered.
A motion for the previous question may be made to embrace any
or all pending amendments or motions and to include the passage
or rejection of a bill or resolution.
RULE 62
Call for Yeas and Nays─Reasons for Vote
The yeas and nays of the members on any question shall, at
the desire of any two of them, be entered on the Journal.
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(Constitution, Article II, Section 12).
When the Speaker or any member is not satisfied with a voice
vote on a pending question, the Speaker may order a roll call
vote; or, upon request of two members, before the result of the
vote is announced, the Speaker shall order a roll call vote.
A member may submit a written explanation of his or her vote
immediately following the announcement of the result of the vote
and have it printed in the Journal.
RULE 63
Division of a Question
Any member may call for a division of a question by the
House, if it comprehends propositions so distinct and separate
that one being taken away, the other will stand as a complete
proposition for the decision of the House. Bills and resolutions
shall not be subject to division.
A motion to strike out and insert is indivisible, but a
motion to strike out being lost shall neither preclude amendment
nor a motion to strike out and insert.
RULE 64
Members Required to be Present and Vote
Every member shall be present within the Hall of the House
during its sittings, unless excused by the House or unavoidably
prevented, and shall vote for or against each question put,
unless he or she has a direct personal or pecuniary interest in
the determination of the question or unless excused.
No member shall be permitted to vote and have his or her vote
recorded on the roll unless present in the Hall of the House
during the roll call vote.
The Legislative Journal shall show the result of each roll
call by yeas and nays and those absent and those not voting.
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RULE 64 (a)
Chronic Absenteeism
For purposes of this rule the term "chronic absenteeism"
shall mean the unexcused absence of a representative for a
period of five consecutive legislative days from official
sessions of the House of Representatives or the absence of a
committee member for a period of five consecutive days from an
assigned committee meeting which meeting qualifies as a regular
committee meeting under the rules of the House of
Representatives and the Sunshine Law of the Commonwealth.
Any representative who is absent without excuse from regular
House sessions for a period of five consecutive legislative days
or is absent for a period of five consecutive committee meetings
shall be deemed a chronic absentee and may, on a vote of the
full House, be held in contempt of this House upon motion of
five members of the House for chronic absence from regular House
sessions and by motion of three members of the standing
committee of the House to which such representative is assigned
for chronic absence from regularly scheduled committee meetings.
The term "chronic absenteeism" shall not include:
(1) Absence due to the personal illness or bodily injury of
a representative.
(2) Absence due to personal illness or bodily injury of a
member of the immediate family of the representative.
(3) Death to a member of the immediate family of a
representative.
(4) Any excused absence approved by the House pursuant to
its rules.
RULE 65
Member Having Private Interest
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(1) A member who has a personal or private interest in any
measure or bill proposed or pending before the House shall
disclose the fact to the House and shall not vote thereon.
(Constitution, Article III, Section 13).
(2) A member who, for remuneration, represents any
organization required to register under 65 Pa.C.S. Ch. 13A
(relating to lobbying disclosure) shall file a statement of that
fact with the Chief Clerk.
RULE 65 (a)
Professionals-Legislators
(1) Except as hereinafter provided, any member or employee
of the House or its agencies shall not be retained for
compensation to appear in his or her professional capacity to
represent the interest of any client in any proceeding before
any Commonwealth department, board, agency, bureau or
commission, except that such member or employee is authorized to
represent the interest of a client at any stage of a proceeding
before the Commonwealth or its agencies where such proceeding
was initially taken or brought as a ministerial action, as
defined by this rule, and as originally taken was not initially
adverse in nature to the interest of the Commonwealth or its
agencies.
(2) The provisions of this rule shall not be applicable to
professionals-legislators:
(a) Representing clients on criminal matters before the
courts of the Commonwealth.
(b) Representing clients on civil matters before the
courts of the Commonwealth.
(c) Representing clients in all stages of a proceeding
before the Commonwealth or its agencies which was initially
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commenced as a ministerial action. The term "ministerial
action" means and includes any proceeding or action before
the Commonwealth or its agencies where the proceeding, as
initially commenced involved solely:
(i) The uncontested or routine action by the
Commonwealth's administrative officers or employees in
issuing or renewing licenses, charters, certificates or
any other documents of a similar nature; or
(ii) The preparation, filing and review of tax
returns and supporting documents required by law; or
(iii) The preparation, filing and review of
engineering and architectural plans, drawings,
specifications and reports; or
(iv) Any other initially routine or uncontested
preparation, filing, review or other action not
enumerated above and considered and normally handled by
the Commonwealth or its agencies as a ministerial action.
(d) Representing clients in workmen's compensation
proceedings before the bureau, its referees or the Workmen's
Compensation Appeals Board.
(3) This rule shall not apply to the other members of the
firm of such member and/or employee.
RULE 65 (b)
Financial Interests in Gaming Entities
Annually, on or before April 30, every member shall file an
affidavit with the Chief Clerk, on a form provided by the Chief
Clerk, affirming that neither the member nor an immediate family
member of the member holds a financial interest in violation of
4 Pa.C.S. § 1512 (relating to financial and employment
interests).
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For purposes of this rule, "immediate family member" shall
mean a spouse, minor child or unemancipated child.
RULE 66
Electric Roll Call
The names of the members shall be listed on the electric roll
call boards by party affiliation in alphabetical order, except
the name of the Speaker shall be last.
On any question requiring the "yeas" and "nays", the electric
roll call system shall be used. On all other questions to be
voted upon, the Speaker may order the yeas and nays taken by the
electric roll call system or voice vote or, upon demand of two
members before the result of a vote has been declared, the yeas
and nays shall be taken by the electric roll call system.
In the event the electric roll call system is not in
operating order, the Speaker shall order all yea and nay votes
be taken by calling the roll, as provided in the Rules of the
House.
The vote of any member which has not been recorded because of
mechanical malfunction of the electric roll call system shall be
entered on the Journal, if said member was in the Hall of the
House at the time of the vote and did cast his or her vote at
the appropriate time, and the fact of such malfunction is
reported to the Speaker of the House prior to the announcement
of the result of the vote.
When the House is ready to vote upon any question requiring
the yeas and nays and the vote is to be taken by the electric
roll call system, the Speaker shall state: "The
question .............. (Designating the matter to be voted
upon.)" The Speaker shall then unlock the voting machine and
announce, "The members shall now proceed to vote." Once the
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voting has begun, it shall not be interrupted, except for the
purpose of questioning the validity of a member's vote or, if
the voting switch of a member present in the Hall of the House
is locked or otherwise inoperative, a request that such switch
be rendered operative or such members vote be officially
recorded, before the result is announced.
When, in the judgment of the Speaker, reasonable time has
been allowed all members present in the House to vote (in no
event shall such time exceed ten minutes) the Speaker shall ask
the question: "Have all members present voted?" After a pause,
the Speaker shall lock the machine and instruct the Clerk to
record the vote, and the Speaker shall announce the result of
the vote.
No member or other person shall be allowed at the Clerk's
desk while the yeas and nays are being recorded, or the vote
counted.
After the voting machine is locked, no member may change a
vote and the votes of tardy members will not be recorded.
The vote as electrically recorded on the roll of members
shall not in any manner be altered or changed by any person.
Except as provided in this rule, no member shall vote for
another member, nor shall any person not a member vote for a
member.
Any member or other person who willfully tampers with or
attempts to disarrange, deface, impair or destroy in any manner
whatsoever the electrical voting equipment used by the House, or
who instigates, aids or abets with the intent to destroy or
change the record of votes thereon shall be punished in such
manner as the House determines.
A member who has been appointed by the Speaker to preside as
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Speaker pro tempore may designate either the Majority or
Minority Whip to cast his or her vote on any question while
presiding in accordance with instructions from the Chair.
The Chief Clerk shall post all votes by the electric roll
call system on the Internet no later than the close of business
on the day they are made.
A prime sponsor of a bill, the Minority Leader or Majority
Leader or a member designated to act on their behalf may request
that the roll call remain open for the maximum time allowed in
accordance with this rule. During such roll call, no vote shall
be recorded unless the member is at his or her regularly
assigned seat.
RULE 67
Verification and Challenge
Upon completion of a roll call and before the result is
announced, if there appears to be need for verification, the
Speaker may direct the Clerk to verify it, or three members may
demand a verification.
Any member may challenge in writing the yea or nay or
electrically recorded vote of other members. The allegations
made shall be investigated by a committee composed of the
Speaker, a majority member and a minority member appointed by
the Speaker, who shall submit a report to the House not later
than its next session. The House shall then decide whether the
challenged vote shall be recorded or not.
If the challenged vote would change the result, the
announcement of the vote shall be postponed until the House
decides the case.
RULE 68
Changing Vote
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No member may change a vote, or have a vote recorded after
the result of a roll call vote has been announced, nor after an
affirmative or negative roll has been declared verified.
RULE 69
Journal
The Chief Clerk shall keep a Journal of the proceedings of
the House, which shall be printed and shall be made available to
the members.
The Journal of the proceedings of the last day's session
shall not be read unless so ordered by a majority vote of the
House.
RULE 70
History of House Bills
and House Resolutions
A weekly History, showing the title and action on House bills
and the text and action on non-privileged resolutions, shall be
compiled and indexed under the direction of the Chief Clerk and
shall be printed and placed on each member's desk.
The House History shall include a cumulative index of laws
enacted during the session and the text of vetoes by the
Governor.
RULE 71
House Calendar
Bills and non-privileged resolutions reported from committees
to the House with an affirmative recommendation shall be listed
on the calendar in such manner as prescribed by the Rules
Committee and any other rule of the House. House bills and House
resolutions shall precede Senate bills and Senate resolutions.
Bills and non-privileged resolutions shall be listed on the
House Calendar for no more than 15 consecutive legislative days.
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At the end of the 15th consecutive legislative day the said bill
or non-privileged resolution shall be automatically recommitted
to the committee from which it was reported to the floor of the
House.
Any bill or non-privileged resolution on the calendar which
cannot, by its status, be recommitted shall be removed from the
calendar and laid on the table, unless the House shall otherwise
direct.
A marked calendar compiled by the Majority Leader shall be
provided to all members on each legislative day on which votes
are scheduled on the calendar.
RULE 72
Journal, Transcribing and
Documents Rooms
No person, except members and employees of the House having
official business, shall be permitted in the Transcribing, the
Legislative Journal, and the Bills and Documents Rooms of the
House without the consent of the Chief Clerk.
RULE 73
Correspondents
Admission to and administration of the Press Galleries of the
Senate and House of Representatives shall be vested in a
Committee on Correspondents consisting of the President pro
tempore of the Senate, or a designee; the Speaker of the House
of Representatives, or a designee; the Supervisor of the Capitol
Newsroom; the President of the Pennsylvania Legislative
Correspondents' Association, or a designee and the Executive
Director of the Pennsylvania Association of Broadcasters, or a
designee.
Persons desiring admission to the press sections of the
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Senate and House of Representatives shall make application to
the Chair of the Committee on Correspondents. Such application
shall state the newspaper, press association or licensed radio
or television station, its location, times of publication or
hours of broadcasting, and be signed by the applicant.
The Committee on Correspondents shall verify the statements
made in such application, and, if the application is approved by
the committee, shall issue a correspondent's card signed by the
members of the committee.
The gallery assigned to newspaper correspondents or
recognized press association correspondents or representatives
of licensed radio and television stations, systems or
newsgathering agencies shall be for their exclusive use and
persons not holding correspondents cards shall not be entitled
to admission thereto. Employees of the General Assembly,
representatives and employees of state departments, boards,
commissions and agencies, visitors and members of the families
of correspondents entitled to admission to the press gallery
shall, at no time, be permitted to occupy the seats or be
entitled to the privileges of the press gallery.
Accredited representatives of newspapers, wire, newsreel
services and licensed radio or television stations, systems or
newsgathering agencies, may be authorized by the Speaker of the
House to take photographs, make audio or video recordings or
tapes, and to broadcast or televise in the House of
Representatives. Applications to take photographs, make audio or
video recordings or tapes, or to broadcast or televise at public
hearings of committees shall be approved by the committee chair
or co-chairs conducting such hearing. However, the committee
chair conducting the hearing may make such orders to such
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representatives as may be necessary to preserve order and
decorum.
No photographs shall be taken nor any recordings or tapes
made, nor any broadcasting or televising done in the House of
Representatives during sessions, being at ease or recessed,
without prior notice to the Representatives. When possible, such
notice shall be given at the beginning of the session, at ease
or recess, during which the photographs, recordings or taping,
broadcasting or televising are scheduled to be taken or made.
No more than one representative of each newspaper, press
association or licensed radio or television station, system or
newsgathering agency shall be admitted to the press gallery at
one time. Members of the Pennsylvania Legislative
Correspondents' Association and representatives of licensed
radio and television stations, systems or newsgathering
agencies, assigned to the House of Representatives on a daily
basis shall have permanent assigned seating in the press gallery
with identification plates. Visiting representatives of daily
newspapers, press associations, Sunday newspapers as well as
radio and television stations, systems or newsgathering agencies
shall coordinate seating accommodations with the supervisor of
the Capitol Newsroom.
Persons assigned to the press gallery on a permanent or
temporary basis, shall at all times, refrain from loud talking
or causing any disturbance which tends to interrupt the
proceedings of the House of Representatives.
Persons assigned to the press gallery on a permanent or
temporary basis shall not walk onto the floor of the House of
Representatives nor approach the rostrum or the clerks' desks
during session or while being at ease.
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Persons assigned to the press gallery on a permanent or
temporary basis wishing to confer with a Representative shall
disclose this fact by having a message delivered by a page to
the Representative. Such conversation shall be conducted off the
floor of the House of Representatives.
Representatives of the Pennsylvania Public Broadcasting
System may, subject to regulations of the Speaker, televise or
make video tapes of proceedings of sessions of the House of
Representatives and meetings of all committees of the House of
Representatives.
RULE 74
Visitors
Visitors shall be admitted to the Hall of the House only when
sponsored by a member. The Chief Clerk shall issue an
appropriate pass to any visitor so sponsored.
Persons admitted to the Hall of the House other than members
and attaches, shall not be permitted to stand while the House is
in session but shall be seated in chairs provided for them. At
no time shall visitors be permitted on the Floor of the House
while the House is in session unless so permitted by the
Speaker.
RULE 75
Lobbyists
No registered lobbyist shall be admitted to the Hall of the
House.
RULE 76
Soliciting Prohibited
No officer or employee of the House shall solicit any member,
other officer or employee of the House for any purpose.
RULE 77
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Suspending and Changing Rules
Unless otherwise specified in another rule, any rule of the
House, which is not required by the Constitution, may be
temporarily suspended at any time for a specific purpose only by
a vote of two-thirds of the members elected to the House by a
roll call vote.
A motion to suspend the rules may not be laid on the table,
postponed, committed or amended and may be debated by the
majority leader, the minority leader, the maker of the motion,
the maker of the amendment under consideration and the prime
sponsor of the bill under consideration.
A brief description of the underlying bill or amendment shall
be given whenever a member moves to suspend the rules of the
House in order to consider such bill or amendment.
The existing rules of the House shall not be changed, added
to, modified or deleted except by written resolution and the
same approved by a majority vote of the members elected to the
House by a roll call vote.
Except where such resolution originates with the Committee on
Rules, no resolution proposing any change, addition,
modification or deletion to existing House rules shall be
considered until such resolution has been referred to the
Committee on Rules, reported therefrom, printed, filed on the
desk of each member and placed on the calendar.
Any proposed change, addition, modification or deletion
offered by a member on the floor of the House to such resolution
shall be considered, in effect, a change, addition, modification
or deletion to existing House rules and shall require for
approval a majority vote of the members by a roll call vote.
RULE 78
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Parliamentary Authority
Mason's Manual supplemented by Jefferson's Manual of
Legislative Procedure shall be the parliamentary authority of
the House, if applicable and not inconsistent with the
Constitution of Pennsylvania, the laws of Pennsylvania
applicable to the General Assembly, the Rules of the House, the
established precedents of the House and the established customs
and usages of the House.
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