PRIOR PRINTER'S NO. 517 PRINTER'S NO. 521
No. 5 Session of 1997
INTRODUCED BY PERZEL, FEBRUARY 11, 1997
AS AMENDED, HOUSE OF REPRESENTATIVES, 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.
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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
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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
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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
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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 EXCEPT FOR MEMBERS WHO DECLINE A CHAIRMANSHIP OR MINORITY <--
16 CHAIRMANSHIP IN WRITING OR WHO ARE BARRED FROM SERVING AS A
17 CHAIRMAN OR MINORITY CHAIRMAN UNDER THIS RULE, THE CHAIRMANSHIP
18 AND MINORITY CHAIRMANSHIP OF EACH STANDING COMMITTEE EXCEPT THE
19 APPROPRIATIONS COMMITTEE SHALL BE LIMITED ONLY TO THE MEMBERS OF
20 THE APPLICABLE CAUCUS WITH THE MOST SENIORITY AS MEMBERS OF
21 THEIR RESPECTIVE CAUCUS. WHENEVER THERE ARE MORE CAUCUS MEMBERS
22 WITH EQUAL SENIORITY THAN AVAILABLE CHAIRMANSHIPS OR MINORITY
23 CHAIRMANSHIPS FOR THAT CAUCUS, THE SELECTION OF A CHAIRMAN OR
24 MINORITY CHAIRMAN FROM AMONG SUCH CAUCUS MEMBERS SHALL BE IN THE
25 DISCRETION OF THE APPOINTING AUTHORITY. THE APPOINTING AUTHORITY
26 MAY DESIGNATE THE STANDING COMMITTEE TO WHICH HE SHALL APPOINT A
27 MEMBER AS CHAIRMAN OR MINORITY CHAIRMAN WITHOUT REGARD TO
28 SENIORITY. THE SPEAKER AND THE FLOOR LEADER, WHIP, CAUCUS
29 CHAIRMAN, CAUCUS SECRETARY, CAUCUS ADMINISTRATOR AND POLICY
30 CHAIRMAN OF THE MAJORITY PARTY AND MINORITY PARTY SHALL NOT BE
19970H0005R0521 - 7 -
1 ELIGIBLE TO SERVE AS CHAIRMAN OR MINORITY CHAIRMAN OF ANY
2 STANDING COMMITTEE AND NO MEMBER MAY SERVE AS CHAIRMAN OR
3 MINORITY CHAIRMAN OF MORE THAN ONE STANDING COMMITTEE.
4 ANY CHAIRMANSHIP OR MINORITY CHAIRMANSHIP HELD BY A MEMBER
5 WHO FAILS TO MEET THE REQUIREMENTS OF THIS RULE SHALL BECOME
6 VACANT BY AUTOMATIC OPERATION OF THIS RULE. IF THE APPOINTING
7 AUTHORITY FAILS TO MAKE AN APPOINTMENT OF A CHAIRMAN OR MINORITY
8 CHAIRMAN PRIOR TO THE ORGANIZATIONAL MEETING OF A STANDING
9 COMMITTEE OR FAILS TO FILL A VACANCY WITHIN SEVEN CALENDAR DAYS
10 AFTER IT OCCURS, SUCH POSITION SHALL BE DEEMED TO REMAIN VACANT
11 IN VIOLATION OF THIS RULE. WHENEVER A CHAIRMANSHIP OR MINORITY
12 CHAIRMANSHIP BECOMES VACANT OR REMAINS VACANT IN VIOLATION OF
13 THIS RULE, THE MEMBER OF THE APPLICABLE CAUCUS WHO MEETS THE
14 REQUIREMENTS OF THIS RULE SHALL AUTOMATICALLY FILL THE VACANCY
15 AND, IF THERE ARE TWO OR MORE SUCH ELIGIBLE CAUCUS MEMBERS FOR
16 ANY SUCH VACANCY OR VACANCIES, THEY SHALL BE FILLED FROM AMONG
17 SUCH ELIGIBLE MEMBERS THROUGH A LOTTERY TO BE CONDUCTED UNDER
18 THE SUPERVISION OF THE CHIEF CLERK AFTER GIVING NOTICE OF THE
19 TIME AND PLACE THEREOF TO ALL ELIGIBLE MEMBERS, TO THE SPEAKER,
20 TO THE MAJORITY LEADER AND TO THE MINORITY LEADER.
21 NOTHING IN THIS RULE SHALL PROHIBIT THE APPOINTING AUTHORITY
22 FROM TRANSFERRING A MEMBER FROM THE CHAIRMANSHIP OR MINORITY
23 CHAIRMANSHIP OF A STANDING COMMITTEE TO THE CHAIRMANSHIP OR
24 MINORITY CHAIRMANSHIP OF ANOTHER STANDING COMMITTEE.
25 WHENEVER THE APPOINTMENT OF A CHAIRMAN OR MINORITY CHAIRMAN
26 WILL CAUSE THE APPLICABLE CAUCUS TO EXCEED ITS PERMISSIBLE
27 ALLOCATION OF MEMBERS ON A STANDING COMMITTEE, THE APPOINTING
28 AUTHORITY SHALL MAKE A TEMPORARY TRANSFER OF AN ELIGIBLE
29 COMMITTEE MEMBER TO THE STANDING COMMITTEE VACATED BY THE MEMBER
30 APPOINTED AS CHAIRMAN OR MINORITY CHAIRMAN UNTIL A REGULAR
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1 COMMITTEE APPOINTMENT CAN BE MADE IN ACCORDANCE WITH THE RULES
2 OF THE HOUSE. IF THE SPEAKER OR MINORITY LEADER FAILS TO MAKE A
3 TEMPORARY TRANSFER WITHIN SEVEN CALENDAR DAYS AFTER SUCH
4 APPOINTMENT, THE COMMITTEE MEMBER WITH THE LEAST SENIORITY, WHO
5 IS ELIGIBLE FOR TRANSFER, SHALL BE AUTOMATICALLY TRANSFERRED TO
6 THE COMMITTEE VACATED BY THE NEWLY APPOINTED CHAIRMAN OR
7 MINORITY CHAIRMAN AND, IF MORE THAN ONE COMMITTEE MEMBER IS
8 ELIGIBLE FOR SUCH TRANSFER, THE TRANSFER SHALL BE IMPLEMENTED
9 THROUGH A LOTTERY CONDUCTED UNDER THE SUPERVISION OF THE CHIEF
10 CLERK.
11 The Speaker of the House, Floor Leader of the majority party
12 and the Floor Leader of the minority party shall be ex-officio
13 members of all standing committees, without the right to vote
14 and they shall be excluded from any limitation as to the number
15 of members on the committees or in counting a quorum.
16 Twenty-two standing committees of the House, each to consist
17 of [24] 26 members except the Committee on Appropriations, which
18 shall consist of 32 members, are hereby created. In addition,
19 there is hereby created 34 standing subcommittees.
20 All standing committees shall consist of [14] 15 members of
21 the majority party and [ten] 11 members of the minority party,
22 except the Committee on Appropriations which shall consist of 20
23 members of the majority party and 12 members of the minority
24 party. The quorum for each of the standing committees and
25 subcommittees shall be no less than the majority of said
26 committees. The following are the standing committees and
27 subcommittees thereof:
28 (1) Aging and Youth
29 (a) Subcommittee on Aging
30 (b) Subcommittee on Youth
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1 (2) Agriculture and Rural Affairs
2 (3) Appropriations
3 (a) Subcommittee on Health and [Welfare] Human Services
4 (b) Subcommittee on Education
5 (c) Subcommittee on Capital Budget
6 (4) Commerce and Economic Development
7 (a) Subcommittee on Financial Services and Banking
8 (b) Subcommittee on Housing
9 (c) Subcommittee on Economic Development
10 (5) Consumer Affairs
11 (a) Subcommittee on Public Utilities
12 (b) Subcommittee on Telecommunications
13 (6) Education
14 (a) Subcommittee on Basic Education
15 (b) Subcommittee on Higher Education
16 (7) Environmental Resources and Energy
17 (a) Subcommittee on Mining
18 (8) Finance
19 (9) Game and Fisheries
20 (10) Health and Human Services
21 (a) Subcommittee on Health
22 (b) Subcommittee on [Welfare] Human Services
23 (c) Subcommittee on Drugs and Alcohol
24 (11) Insurance
25 (12) Judiciary
26 (a) Subcommittee on Crime and Corrections
27 (b) Subcommittee on Courts
28 (13) Intergovernmental Affairs
29 (14) Labor Relations
30 (15) Liquor Control
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1 (a) Subcommittee on Licensing
2 (b) Subcommittee on Marketing
3 (16) Local Government
4 (a) Subcommittee on Boroughs
5 (b) Subcommittee on Counties
6 (c) Subcommittee on Townships
7 (17) Professional Licensure
8 (18) State Government
9 (19) Tourism and Recreational Development
10 (a) Subcommittee on Arts and Entertainment
11 (b) Subcommittee on Recreation
12 (c) Subcommittee on Travel Promotion
13 (20) Transportation
14 (a) Subcommittee on Highways
15 (b) Subcommittee on Public Transportation
16 (c) Subcommittee on Transportation Safety
17 (d) Subcommittee on Aviation
18 (e) Subcommittee on Railroads
19 (21) Urban Affairs
20 (a) Subcommittee on Cities, Counties - First Class
21 (b) Subcommittee on Cities, Counties - Second Class
22 (c) Subcommittee on Cities, Third Class
23 (22) Veterans Affairs and Emergency Preparedness
24 RULE 45
25 Powers and Duties of Standing Committees
26 and Subcommittees
27 * * *
28 No committee report, except a report of the Appropriations
29 Committee, shall be recognized by the House, unless the same has
30 been acted upon by a majority vote of the members of a standing
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1 committee present at a committee session actually assembled and
2 meeting as a committee, provided such majority vote numbers at
3 least [11] 12 members, and provided further a quorum is present.
4 No committee report of the Appropriations Committee shall be
5 recognized by the House, unless the same has been acted upon by
6 a majority vote of the members of such committee present at a
7 committee session actually assembled and meeting as a committee,
8 provided such majority vote numbers at least 14 members, and
9 provided further a quorum is present.
10 * * *
11 RULE 46
12 Committee on Rules
13 The Committee on Rules shall consist of the Speaker, the
14 Majority Leader, the Majority Whip, the Minority Leader, the
15 Minority Whip, the Majority Appropriations Chairman, the
16 Minority Appropriations Chairman, [six] seven members of the
17 majority party appointed by the Speaker, and [four] five members
18 of the minority party appointed by the Minority Leader. The
19 Majority Leader shall be chairman.
20 * * *
21 [RULE 47 (a)
22 Special Committee on Internal Affairs
23 and House Administration
24 (1) The committee shall consist of the Speaker, Majority
25 Leader, Minority Leader, four members of the majority party to
26 be elected by the caucus, one of whom shall be named by the
27 Speaker as chairperson, and five members of the minority party
28 to be elected by the caucus.
29 (2) The powers and duties of the committee shall include,
30 but not be limited to the following:
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1 (a) To review all public payroll accounts under the
2 control or jurisdiction of the Chief Clerk, Secretary,
3 Comptroller, Minority Staff Administrator, majority and
4 minority committee chairpersons, all members elected by the
5 respective caucuses and any other member or person elected by
6 the membership of the House.
7 (b) Such review shall be conducted at least quarterly
8 and at such other times as the committee may choose.
9 (c) The findings of each review shall be published in a
10 committee report and shall be available for public
11 inspection. A copy of said report shall be furnished to any
12 interested person upon request and payment of the actual cost
13 to duplicate the same.
14 (d) The committee may promulgate rules and regulations
15 to carry out the purview of this rule which shall be
16 distributed to the members of the House and which shall
17 remain in effect unless voided by a majority vote of the
18 members elected to the House.
19 (3) No employee shall be assigned, hired or otherwise
20 engaged to regularly perform duties outside the City of
21 Harrisburg unless specifically authorized in writing by the
22 person responsible for their performance and a copy of said
23 authorization is filed with the committee. Such person shall
24 have 30 days after adoption of this rule to comply initially
25 with such written authorization requirement.
26 (4) Before an employee is assigned to a member or members,
27 said member or members shall receive a written statement of the
28 employee's job related qualifications. Any member or members
29 assigned an employee shall thereafter be responsible for the
30 faithful performance by the employee of his or her designated
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1 duties.
2 (5) (a) Any member or nonmember having funds under his or
3 her control or jurisdiction who intentionally provides any
4 remuneration to another person in an apparent violation of
5 this rule or any employee who intentionally accepts any
6 remuneration without providing the required services or
7 otherwise receives public funds to which he or she is not
8 entitled in any other apparent violation of this rule, shall
9 be notified in writing by the committee of such alleged
10 violation. Immediately following such notice, the committee
11 shall turn over all pertinent information on the matter to
12 the House Ethics Committee, which shall conduct an immediate
13 investigation of the allegations and report to the House
14 within 60 days. The Ethics Committee shall make a
15 recommendation to the House for appropriate action by the
16 House which may include a recommendation that the person or
17 persons so involved shall be discharged from employment and
18 said person or persons shall not thereafter be eligible for
19 further employment by the House and/or a recommendation to
20 the House or respective caucus that said member be removed
21 from his or her leadership position and the House or
22 respective caucus shall then act on said recommendation
23 within five legislative days.
24 (b) Whenever a determination is made that a violation
25 has occurred, the committee shall utilize all available means
26 to recover the moneys disbursed in violation of this rule.
27 (6) The committee is authorized to employ the services of an
28 executive director and a secretary. Said employees shall be
29 compensated in the same manner and pay range as comparable
30 employees of the several standing House committees.
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1 (7) All meetings of the committee shall be open to the
2 public and the votes of the members recorded. No action may be
3 taken without a quorum present and without a majority vote of
4 those members present. A quorum shall consist of at least seven
5 members. The committee may meet in executive session from time
6 to time subject to the limitations of the act of July 19, 1974
7 (P.L.486, No.175), referred to as the Public Agency Open Meeting
8 Law.]
9 RULE 77
10 Suspending and Changing Rules
11 Any rule of the House, which is not required by the
12 Constitution, may be temporarily suspended at any time for a
13 specific purpose only by a [majority] vote of 55% of the members
14 elected to the House by a roll call vote.
15 * * *
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