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                                                       PRINTER'S NO. 517

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

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
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     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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