PRINTER'S NO. 517
No. 5 Session of 1997
INTRODUCED BY PERZEL, FEBRUARY 11, 1997
INTRODUCED, FEBRUARY 11, 1997
A RESOLUTION 1 Amending certain Rules of the House. 2 RESOLVED, That the temporary Rules adopted by the House are 3 hereby made the permanent Rules of the House for the 1997-1998 4 session, with the changes provided for herein. 5 RESOLVED, That the second paragraph of Rule 1, the ninth and 6 eleventh paragraphs of Rule 14, Rule 15, Rule 17, the second 7 paragraph of Rule 18 and paragraph (5) of Rule 19(a) be amended 8 to read: 9 RULE 1 10 Speaker Presiding 11 * * * 12 As presiding officer and in accordance with Article II § 2 of 13 the Constitution of Pennsylvania and the act of June 3, 1937 14 (P.L.1333, No.320), known as the Pennsylvania Election Code, 15 [upon] within ten days after the occurrence of a vacancy the 16 Speaker shall issue a writ for a special election to be held 17 [prior to the end of such term.] on a date which shall occur on
1 or before the date of the first primary, municipal or general 2 election which occurs not less than 60 days after the issuance 3 of the writ. The Speaker shall not be required to issue a writ 4 of election if the election cannot be scheduled until after the 5 general election. 6 * * * 7 RULE 14 8 Members' and Employees' Expenses 9 * * * 10 The Chief Clerk shall prescribe the form of all such reports 11 and make such forms available to those persons required to file 12 such reports. Such report form shall include: 13 (1) As to personnel: 14 (a) The name, home address, [social security number,] 15 job title, brief description of duties and where they are 16 performed, department or member or members to whom assigned, 17 the name of immediate supervisor and minimum hours of 18 employment per week of each employee. 19 (b) The appropriation account from which such employee 20 is compensated, the amount of compensation and whether such 21 person is on salary, per diem or contract. 22 (2) As to all other expenditures: 23 (a) To whom it was paid, the amount thereof, and the 24 nature of the goods, services or other purpose for which the 25 expenditure was made. 26 (b) The appropriation account from which the expenditure 27 was made and the name or names of the person or persons 28 requesting and/or authorizing the same. 29 * * * 30 The reporting requirements as to personnel may be fulfilled 19970H0005R0517 - 2 -
1 by the maintenance in the Office of the Chief Clerk of the House 2 of an alphabetized file containing the current information for 3 each employee as set forth above. [In such event, however, the 4 Chief Clerk shall supply annually, on or before February 1, a 5 list of all employees appearing in said file together with the 6 required information as to each as of January 1 of such year to 7 the Special Committee on Internal Affairs and House 8 Administration. The committee shall also be supplied with copies 9 of all payroll changes as they occur.] 10 * * * 11 RULE 15 12 Time of Meeting 13 The House shall convene on the first legislative day of the 14 week at 1:00 P.M. prevailing time, [and adjourn not later than 15 11:00 P.M. prevailing time,] unless otherwise ordered by a roll 16 call vote of the majority of those elected to the House. 17 On other days the House shall convene at the discretion of 18 the House [and adjourn not later than 11:00 P.M. prevailing time 19 unless otherwise ordered by a roll call vote of the majority of 20 those elected to the House]. 21 RULE 17 22 Order of Business 23 The daily order of business shall be: 24 (1) Prayer by the Chaplain. 25 (2) Pledge of Allegiance. 26 (3) Correction and approval of the Journal. 27 (4) Leaves of absence. 28 (5) Master Roll Call. 29 (6) Reports of Committee. 30 (7) First consideration bills. 19970H0005R0517 - 3 -
1 (8) Second consideration bills. 2 [(9) Final passage bills recalled from the Governor. 3 (10) Final passage bills (bills on final passage postponed 4 calendar may be called up under this order of 5 business). 6 (11) Third consideration bills (bills on third consideration 7 postponed calendar may be called up under this order 8 of business). 9 (12) Resolutions (House and concurrent).] 10 (9) Third consideration bills, final passage bills 11 (including both third consideration and final passage 12 postponed bills) and resolutions. 13 (10) Final passage bills recalled from the Governor. 14 [(13)] (11) Messages from the Senate and communications from 15 the Governor. 16 [(14)] (12) Reference to appropriate committees of bills, 17 resolutions, petitions, memorials, remonstrances and 18 other papers. 19 [(15)] (13) Unfinished business on the Speaker's table. 20 [(16)] (14) Announcements. 21 [(17)] (15) Adjournment. 22 Any question may, by a majority vote of the [House] members 23 elected, be made a special order of business. When the time 24 arrives for its consideration, the Speaker shall lay the special 25 order of business before the House. 26 In lieu of offering House Resolutions on topics of importance 27 to members, any member, without unanimous consent, may address 28 the House on such issue and have his or her remarks entered into 29 the record during a special period of time established each week 30 by the Speaker at the conclusion of House business on a specific 19970H0005R0517 - 4 -
1 day. 2 RULE 18 3 Introduction and Printing of Bills 4 * * * 5 Bills introduced when received at the Chief Clerk's desk 6 shall be numbered consecutively and delivered to the Speaker, 7 who shall refer each bill to an appropriate committee on any day 8 whether or not the House is in session. If the resolution 9 creating a select committee authorizes the referral of bills to 10 that committee, the Speaker, in his discretion, may refer bills, 11 within the scope of the resolution, to such select committee. 12 Insofar as applicable, the select committee shall consider and 13 report bills in accordance with the rules governing the 14 consideration and reporting of bills by standing committees. The 15 Speaker shall report to the House the committees to which bills 16 have been referred, either on the day introduced or received or 17 on the next two legislative days the House is in session, unless 18 the House is in recess for more than four consecutive days in 19 which case the Speaker shall provide a list to the Majority 20 Leader and the Minority Leader, within two calendar days, of all 21 bills which were referred during such period when the House was 22 not in session. 23 * * * 24 RULE 19 (a) 25 Fiscal Notes 26 * * * 27 (5) No amendment to a bill, concurrences in Senate 28 amendments, or adoption of a conference report which may result 29 in an increase in the expenditure of Commonwealth funds or those 30 of a political subdivision or which may entail a loss of 19970H0005R0517 - 5 -
1 revenues in addition to that originally provided for in the bill 2 prior to the proposed changes nor any bill requiring a fiscal 3 note for which re-referral to the Appropriations Committee has 4 been waived by the Rules Committee shall be voted upon until 5 [the day following the distribution of] a fiscal note is 6 available for distribution to the members with respect to such 7 changes or to such bill showing the fiscal effect of the changes 8 with respect to the bill, and containing the information set 9 forth by subsection (3) of this rule. 10 * * * 11 RESOLVED, That Rule 26 be amended by adding a paragraph to 12 read: 13 RULE 26 14 Reconsideration 15 * * * 16 No bill, resolution or other matter may be reconsidered more 17 than twice on the same legislative day. 18 RESOLVED, That Rule 43, the fifth paragraph of Rule 45, the 19 first paragraph of Rule 46, Rule 47(a) and the first paragraph 20 of Rule 77 be amended to read: 21 RULE 43 22 Standing Committees and Subcommittees 23 The Committee on Committees shall consist of the Speaker and 24 15 members of the House, ten of whom shall be members of the 25 majority party and five of whom shall be members of the minority 26 party, whose duty shall be to recommend to the House the names 27 of members who are to serve on the standing committees of the 28 House. Except for the Speaker, the Majority and Minority 29 Leaders, Whips, Caucus Chairmen, Caucus Secretaries, Caucus 30 Administrators, Policy Chairmen and the Chairmen and Minority 19970H0005R0517 - 6 -
1 Chairmen of standing committees, each member shall be entitled 2 to serve on not less than two standing committees. 3 The Speaker shall appoint the chairman and vice-chairman of 4 each standing committee when such standing committee has no 5 standing subcommittees as prescribed herein, except the 6 Committee on Appropriations which shall also have a vice- 7 chairman appointed by the Speaker; when the standing committee 8 has standing subcommittees, the Speaker shall appoint a 9 subcommittee chairman for each standing subcommittee. The 10 Speaker shall appoint a secretary for each standing committee. 11 The Minority Leader shall appoint the minority chairman, 12 minority vice-chairman and minority secretary of each standing 13 committee and the minority subcommittee chairman for each 14 standing subcommittee. 15 The Speaker of the House, Floor Leader of the majority party 16 and the Floor Leader of the minority party shall be ex-officio 17 members of all standing committees, without the right to vote 18 and they shall be excluded from any limitation as to the number 19 of members on the committees or in counting a quorum. 20 Twenty-two standing committees of the House, each to consist 21 of [24] 26 members except the Committee on Appropriations, which 22 shall consist of 32 members, are hereby created. In addition, 23 there is hereby created 34 standing subcommittees. 24 All standing committees shall consist of [14] 15 members of 25 the majority party and [ten] 11 members of the minority party, 26 except the Committee on Appropriations which shall consist of 20 27 members of the majority party and 12 members of the minority 28 party. The quorum for each of the standing committees and 29 subcommittees shall be no less than the majority of said 30 committees. The following are the standing committees and 19970H0005R0517 - 7 -
1 subcommittees thereof: 2 (1) Aging and Youth 3 (a) Subcommittee on Aging 4 (b) Subcommittee on Youth 5 (2) Agriculture and Rural Affairs 6 (3) Appropriations 7 (a) Subcommittee on Health and [Welfare] Human Services 8 (b) Subcommittee on Education 9 (c) Subcommittee on Capital Budget 10 (4) Commerce and Economic Development 11 (a) Subcommittee on Financial Services and Banking 12 (b) Subcommittee on Housing 13 (c) Subcommittee on Economic Development 14 (5) Consumer Affairs 15 (a) Subcommittee on Public Utilities 16 (b) Subcommittee on Telecommunications 17 (6) Education 18 (a) Subcommittee on Basic Education 19 (b) Subcommittee on Higher Education 20 (7) Environmental Resources and Energy 21 (a) Subcommittee on Mining 22 (8) Finance 23 (9) Game and Fisheries 24 (10) Health and Human Services 25 (a) Subcommittee on Health 26 (b) Subcommittee on [Welfare] Human Services 27 (c) Subcommittee on Drugs and Alcohol 28 (11) Insurance 29 (12) Judiciary 30 (a) Subcommittee on Crime and Corrections 19970H0005R0517 - 8 -
1 (b) Subcommittee on Courts 2 (13) Intergovernmental Affairs 3 (14) Labor Relations 4 (15) Liquor Control 5 (a) Subcommittee on Licensing 6 (b) Subcommittee on Marketing 7 (16) Local Government 8 (a) Subcommittee on Boroughs 9 (b) Subcommittee on Counties 10 (c) Subcommittee on Townships 11 (17) Professional Licensure 12 (18) State Government 13 (19) Tourism and Recreational Development 14 (a) Subcommittee on Arts and Entertainment 15 (b) Subcommittee on Recreation 16 (c) Subcommittee on Travel Promotion 17 (20) Transportation 18 (a) Subcommittee on Highways 19 (b) Subcommittee on Public Transportation 20 (c) Subcommittee on Transportation Safety 21 (d) Subcommittee on Aviation 22 (e) Subcommittee on Railroads 23 (21) Urban Affairs 24 (a) Subcommittee on Cities, Counties - First Class 25 (b) Subcommittee on Cities, Counties - Second Class 26 (c) Subcommittee on Cities, Third Class 27 (22) Veterans Affairs and Emergency Preparedness 28 RULE 45 29 Powers and Duties of Standing Committees 30 and Subcommittees 19970H0005R0517 - 9 -
1 * * * 2 No committee report, except a report of the Appropriations 3 Committee, shall be recognized by the House, unless the same has 4 been acted upon by a majority vote of the members of a standing 5 committee present at a committee session actually assembled and 6 meeting as a committee, provided such majority vote numbers at 7 least [11] 12 members, and provided further a quorum is present. 8 No committee report of the Appropriations Committee shall be 9 recognized by the House, unless the same has been acted upon by 10 a majority vote of the members of such committee present at a 11 committee session actually assembled and meeting as a committee, 12 provided such majority vote numbers at least 14 members, and 13 provided further a quorum is present. 14 * * * 15 RULE 46 16 Committee on Rules 17 The Committee on Rules shall consist of the Speaker, the 18 Majority Leader, the Majority Whip, the Minority Leader, the 19 Minority Whip, the Majority Appropriations Chairman, the 20 Minority Appropriations Chairman, [six] seven members of the 21 majority party appointed by the Speaker, and [four] five members 22 of the minority party appointed by the Minority Leader. The 23 Majority Leader shall be chairman. 24 * * * 25 [RULE 47 (a) 26 Special Committee on Internal Affairs 27 and House Administration 28 (1) The committee shall consist of the Speaker, Majority 29 Leader, Minority Leader, four members of the majority party to 30 be elected by the caucus, one of whom shall be named by the 19970H0005R0517 - 10 -
1 Speaker as chairperson, and five members of the minority party 2 to be elected by the caucus. 3 (2) The powers and duties of the committee shall include, 4 but not be limited to the following: 5 (a) To review all public payroll accounts under the 6 control or jurisdiction of the Chief Clerk, Secretary, 7 Comptroller, Minority Staff Administrator, majority and 8 minority committee chairpersons, all members elected by the 9 respective caucuses and any other member or person elected by 10 the membership of the House. 11 (b) Such review shall be conducted at least quarterly 12 and at such other times as the committee may choose. 13 (c) The findings of each review shall be published in a 14 committee report and shall be available for public 15 inspection. A copy of said report shall be furnished to any 16 interested person upon request and payment of the actual cost 17 to duplicate the same. 18 (d) The committee may promulgate rules and regulations 19 to carry out the purview of this rule which shall be 20 distributed to the members of the House and which shall 21 remain in effect unless voided by a majority vote of the 22 members elected to the House. 23 (3) No employee shall be assigned, hired or otherwise 24 engaged to regularly perform duties outside the City of 25 Harrisburg unless specifically authorized in writing by the 26 person responsible for their performance and a copy of said 27 authorization is filed with the committee. Such person shall 28 have 30 days after adoption of this rule to comply initially 29 with such written authorization requirement. 30 (4) Before an employee is assigned to a member or members, 19970H0005R0517 - 11 -
1 said member or members shall receive a written statement of the 2 employee's job related qualifications. Any member or members 3 assigned an employee shall thereafter be responsible for the 4 faithful performance by the employee of his or her designated 5 duties. 6 (5) (a) Any member or nonmember having funds under his or 7 her control or jurisdiction who intentionally provides any 8 remuneration to another person in an apparent violation of 9 this rule or any employee who intentionally accepts any 10 remuneration without providing the required services or 11 otherwise receives public funds to which he or she is not 12 entitled in any other apparent violation of this rule, shall 13 be notified in writing by the committee of such alleged 14 violation. Immediately following such notice, the committee 15 shall turn over all pertinent information on the matter to 16 the House Ethics Committee, which shall conduct an immediate 17 investigation of the allegations and report to the House 18 within 60 days. The Ethics Committee shall make a 19 recommendation to the House for appropriate action by the 20 House which may include a recommendation that the person or 21 persons so involved shall be discharged from employment and 22 said person or persons shall not thereafter be eligible for 23 further employment by the House and/or a recommendation to 24 the House or respective caucus that said member be removed 25 from his or her leadership position and the House or 26 respective caucus shall then act on said recommendation 27 within five legislative days. 28 (b) Whenever a determination is made that a violation 29 has occurred, the committee shall utilize all available means 30 to recover the moneys disbursed in violation of this rule. 19970H0005R0517 - 12 -
1 (6) The committee is authorized to employ the services of an
2 executive director and a secretary. Said employees shall be
3 compensated in the same manner and pay range as comparable
4 employees of the several standing House committees.
5 (7) All meetings of the committee shall be open to the
6 public and the votes of the members recorded. No action may be
7 taken without a quorum present and without a majority vote of
8 those members present. A quorum shall consist of at least seven
9 members. The committee may meet in executive session from time
10 to time subject to the limitations of the act of July 19, 1974
11 (P.L.486, No.175), referred to as the Public Agency Open Meeting
12 Law.]
13 RULE 77
14 Suspending and Changing Rules
15 Any rule of the House, which is not required by the
16 Constitution, may be temporarily suspended at any time for a
17 specific purpose only by a [majority] vote of 55% of the members
18 elected to the House by a roll call vote.
19 * * *
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