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                                                      PRINTER'S NO. 1997

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 211 Session of 1999


        INTRODUCED BY SURRA, HANNA, PETRARCA AND VITALI, JUNE 14, 1999

        REFERRED TO COMMITTEE ON RULES, JUNE 14, 1999

                                  A RESOLUTION

     1  Amending House Rules 21, 43, 45 and 77.

     2     Resolved, That House Rules 21, 43, 45 and 77 be amended to
     3  read:
     4                              RULE 21
     5                       Consideration of Bills
     6     Every bill and every joint resolution shall be considered on
     7  three different days. All amendments made thereto shall be
     8  printed for the use of the members before the final vote is
     9  taken thereon, and before the final vote is taken, upon written
    10  request addressed to the presiding officer by at least 25% of
    11  the members elected to the House, any bill shall be read at
    12  length. No bill shall become law and no joint resolution adopted
    13  unless, on its final passage, the vote is taken by yeas and
    14  nays, the names of the persons voting for and against it are
    15  entered on the Journal, and a majority of the members elected to
    16  the House is recorded thereon as voting in its favor.
    17  (Constitution, Article III, Section 4).


     1     Members shall be notified of bills and resolutions scheduled
     2  to be voted no later than prior to the close of business at 4:30
     3  P.M. of the second business day prior to the scheduled vote on
     4  final passage for legislation that has no legal deadline. No
     5  bill or resolution shall be scheduled for vote prior to its
     6  being reported from committee to the House. (The General
     7  Appropriations Act and non-preferred bills are included within
     8  the definition of legislation that has no legal deadline.) All
     9  amendments shall be submitted to the Office of the Chief Clerk
    10  by 2:00 P.M. of the last legislative day preceding the scheduled
    11  vote. No vote on final passage can occur before the date of the
    12  scheduled vote.
    13     If the amendment cannot be submitted in accordance with the
    14  above paragraph because it is still being prepared by the
    15  Legislative Reference Bureau, the member must provide the Office
    16  of the Chief Clerk with a statement, by the above-noted 2:00
    17  P.M. deadline, prepared by the member containing the factual
    18  content of said amendment along with certification from the
    19  Legislative Reference Bureau that the amendment was submitted to
    20  the Legislative Reference Bureau for drafting prior to the
    21  above-noted 2:00 P.M. deadline. In addition, a member shall be
    22  entitled to receipt of certification for an amendment to an
    23  amendment, notwithstanding the fact that the base amendment
    24  subject to the subsequent amendment request is still being
    25  drafted by the Legislative Reference Bureau.
    26     Members shall be notified no later than one hour prior to the
    27  consideration of all bills on concurrence, unless the
    28  concurrence is the General Appropriations Bill, in which case at
    29  least 24 hours' notice shall be provided. Additionally, members
    30  shall be notified at least 24 hours prior to the adoption of all
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     1  conference committee reports. When these reports are considered
     2  on the first legislative day of the week, said notice shall be
     3  provided no later than the close of business on the last
     4  business day preceding the vote.
     5                              RULE 43
     6               Standing Committees and Subcommittees
     7     The Committee on Committees shall consist of the Speaker and
     8  15 members of the House, ten of whom shall be members of the
     9  majority party and five of whom shall be members of the minority
    10  party, whose duty shall be to recommend to the House the names
    11  of members who are to serve on the standing committees of the
    12  House. Except for the Speaker, the Majority and Minority
    13  Leaders, Whips, Caucus Chairmen, Caucus Secretaries, Caucus
    14  Administrators, Policy Chairmen and the chairmen and minority
    15  chairmen of standing committees, each member shall be entitled
    16  to serve on not less than two standing committees.
    17     The Speaker shall appoint the chairman and vice-chairman of
    18  each standing committee when such standing committee has no
    19  standing subcommittees as prescribed herein, except the
    20  Committee on Appropriations which shall also have a vice-
    21  chairman appointed by the Speaker; when the standing committee
    22  has standing subcommittees, the Speaker shall appoint a
    23  subcommittee chairman for each standing subcommittee. The
    24  Speaker shall appoint a secretary for each standing committee.
    25  The Minority Leader shall appoint the minority chairman,
    26  minority vice-chairman and minority secretary of each standing
    27  committee and the minority subcommittee chairman for each
    28  standing subcommittee.
    29     [Except for members who decline a chairmanship or minority
    30  chairmanship in writing or who are barred from serving as a
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     1  chairman or minority chairman under this rule, the chairmanship
     2  and minority chairmanship of each standing committee except the
     3  Appropriations Committee shall be limited only to the members of
     4  the applicable caucus with the most seniority as members of
     5  their respective caucus. Whenever there are more caucus members
     6  with equal seniority than available chairmanships or minority
     7  chairmanships for that caucus, the selection of a chairman or
     8  minority chairman from among such caucus members shall be in the
     9  discretion of the appointing authority. The appointing authority
    10  may designate the standing committee to which he shall appoint a
    11  member as chairman or minority chairman without regard to
    12  seniority. The Speaker and the Floor Leader, Whip, Caucus
    13  Chairman, Caucus Secretary, Caucus Administrator and Policy
    14  Chairman of the majority party and minority party shall not be
    15  eligible to serve as chairman or minority chairman of any
    16  standing committee and no member may serve as chairman or
    17  minority chairman of more than one standing committee.
    18     Any chairmanship or minority chairmanship held by a member
    19  who fails to meet the requirements of this rule shall become
    20  vacant by automatic operation of this rule. If the appointing
    21  authority fails to make an appointment of a chairman or minority
    22  chairman prior to the organizational meeting of a standing
    23  committee or fails to fill a vacancy within seven calendar days
    24  after it occurs, such position shall be deemed to remain vacant
    25  in violation of this rule. Whenever a chairmanship or minority
    26  chairmanship becomes vacant or remains vacant in violation of
    27  this rule, the member of the applicable caucus who meets the
    28  requirements of this rule shall automatically fill the vacancy
    29  and, if there are two or more such eligible caucus members for
    30  any such vacancy or vacancies, they shall be filled from among
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     1  such eligible members through a lottery to be conducted under
     2  the supervision of the Chief Clerk after giving notice of the
     3  time and place thereof to all eligible members, to the Speaker,
     4  to the Majority Leader and to the Minority Leader.
     5     Nothing in this rule shall prohibit the appointing authority
     6  from transferring a member from the chairmanship or minority
     7  chairmanship of a standing committee to the chairmanship or
     8  minority chairmanship of another standing committee.
     9     Whenever the appointment of a chairman or minority chairman
    10  will cause the applicable caucus to exceed its permissible
    11  allocation of members on a standing committee, the appointing
    12  authority shall make a temporary transfer of an eligible
    13  committee member to the standing committee vacated by the member
    14  appointed as chairman or minority chairman until a regular
    15  committee appointment can be made in accordance with the rules
    16  of the House. If the Speaker or Minority Leader fails to make a
    17  temporary transfer within seven calendar days after such
    18  appointment, the committee member with the least seniority, who
    19  is eligible for transfer, shall be automatically transferred to
    20  the committee vacated by the newly appointed chairman or
    21  minority chairman and, if more than one committee member is
    22  eligible for such transfer, the transfer shall be implemented
    23  through a lottery conducted under the supervision of the Chief
    24  Clerk.]
    25     The Speaker of the House, Floor Leader of the majority party
    26  and the Floor Leader of the minority party shall be ex-officio
    27  members of all standing committees, without the right to vote
    28  and they shall be excluded from any limitation as to the number
    29  of members on the committees or in counting a quorum.
    30     Twenty-two standing committees of the House, each to consist
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     1  of [26] 27 members except the Committee on Appropriations, which
     2  shall consist of [32] 33 members, are hereby created. In
     3  addition, there [is] are hereby created 34 standing
     4  subcommittees.
     5     All standing committees shall consist of 15 members of the
     6  majority party and [11] 12 members of the minority party, except
     7  the Committee on Appropriations which shall consist of 20
     8  members of the majority party and [12] 13 members of the
     9  minority party. The quorum for each of the standing committees
    10  and subcommittees shall be no less than the majority of said
    11  committees. The following are the standing committees and
    12  subcommittees thereof:
    13     (1)  Aging and Youth
    14         (a)  Subcommittee on Aging
    15         (b)  Subcommittee on Youth
    16     (2)  Agriculture and Rural Affairs
    17     (3)  Appropriations
    18         (a)  Subcommittee on Health and Human Services
    19         (b)  Subcommittee on Education
    20         (c)  Subcommittee on Capital Budget
    21     (4)  Commerce and Economic Development
    22         (a)  Subcommittee on Financial Services and Banking
    23         (b)  Subcommittee on Housing
    24         (c)  Subcommittee on Economic Development
    25     (5)  Consumer Affairs
    26         (a)  Subcommittee on Public Utilities
    27         (b)  Subcommittee on Telecommunications
    28     (6)  Education
    29         (a)  Subcommittee on Basic Education
    30         (b)  Subcommittee on Higher Education
    19990H0211R1997                  - 6 -

     1     (7)  Environmental Resources and Energy
     2         (a)  Subcommittee on Mining
     3     (8)  Finance
     4     (9)  Game and Fisheries
     5     (10)  Health and Human Services
     6         (a)  Subcommittee on Health
     7         (b)  Subcommittee on Human Services
     8         (c)  Subcommittee on Drugs and Alcohol
     9     (11)  Insurance
    10     (12)  Judiciary
    11         (a)  Subcommittee on Crime and Corrections
    12         (b)  Subcommittee on Courts
    13     (13)  Intergovernmental Affairs
    14     (14)  Labor Relations
    15     (15)  Liquor Control
    16         (a)  Subcommittee on Licensing
    17         (b)  Subcommittee on Marketing
    18     (16)  Local Government
    19         (a)  Subcommittee on Boroughs
    20         (b)  Subcommittee on Counties
    21         (c)  Subcommittee on Townships
    22     (17)  Professional Licensure
    23     (18)  State Government
    24     (19)  Tourism and Recreational Development
    25         (a)  Subcommittee on Arts and Entertainment
    26         (b)  Subcommittee on Recreation
    27         (c)  Subcommittee on Travel Promotion
    28     (20)  Transportation
    29         (a)  Subcommittee on Highways
    30         (b)  Subcommittee on Public Transportation
    19990H0211R1997                  - 7 -

     1         (c)  Subcommittee on Transportation Safety
     2         (d)  Subcommittee on Aviation
     3         (e)  Subcommittee on Railroads
     4     (21)  Urban Affairs
     5         (a)  Subcommittee on Cities, Counties - First Class
     6         (b)  Subcommittee on Cities, Counties - Second Class
     7         (c)  Subcommittee on Cities, Third Class
     8     (22)  Veterans Affairs and Emergency Preparedness
     9  subcommittee.
    10                              RULE 45
    11              Powers and Duties of Standing Committees
    12                         and Subcommittees
    13     The chairman of each standing committee and subcommittee
    14  shall fix regular weekly, biweekly or monthly meeting days for
    15  the transaction of business before the committee or
    16  subcommittee. The chairman of the committee or subcommittee
    17  shall notify all members, at least 24 hours in advance of the
    18  date, time and place of regular meetings, and[, insofar as
    19  possible, the subjects] bills, resolutions and other matters
    20  listed on the agenda. In addition to regular meetings, special
    21  meetings may be called from time to time by the chairman of the
    22  committee or subcommittee as they deem necessary. No committee
    23  shall meet during any session of the House without first
    24  obtaining permission of the Speaker. During any such meeting, no
    25  vote shall be taken on the Floor of the House on any amendment,
    26  recommittal motion, final passage of any bill, or any other
    27  matter requiring a roll call vote. Any committee meeting called
    28  off the Floor of the House shall meet in a committee room. In
    29  addition to the specific provisions of this Rule 45, all
    30  provisions of the act of July 19, 1974 (P.L.486, No.175)
    19990H0211R1997                  - 8 -

     1  relative to notice of meetings shall be complied with.
     2     At regularly scheduled meetings, or upon the call of the
     3  chairman, or subcommittee chairman, for special meetings, the
     4  membership of such committees shall meet to consider any bill,
     5  resolution, or other matter on the agenda. The secretary of each
     6  standing committee, or in case of subcommittees a secretary
     7  designated by the subcommittee chairman, shall record:
     8     (1)  the minutes of the meeting,
     9     (2)  all votes taken,
    10     (3)  a roll or attendance of members at standing committee or
    11  subcommittee meetings showing the names of those present, absent
    12  or excused from attendance, and the majority and minority
    13  chairmen or their designees shall verify by their signatures all
    14  votes taken and the roll or attendance of those members present,
    15  absent or excused before said records are submitted to the Chief
    16  Clerk, and
    17     (4)  dispatch of bills and resolutions before the committee.
    18  Such records shall be open to public inspection. On the first
    19  legislative day of each week the House is in session, the
    20  chairman of each standing committee shall submit to the Chief
    21  Clerk for inclusion in the House Journal only, the roll or
    22  record of attendance of members at standing committee or
    23  subcommittee meetings held prior thereto and not yet reported,
    24  along with the record of all votes taken at such meetings. All
    25  reports from standing committees shall be prepared in writing by
    26  the secretary of the committee. Members of a standing committee
    27  may prepare in writing and file a minority report, setting forth
    28  the reasons for their dissent. Such committee reports shall be
    29  filed with the Chief Clerk within five days of the meeting. All
    30  meetings at which formal action is taken by a standing committee
    19990H0211R1997                  - 9 -

     1  or subcommittee shall be open to the public, making such reports
     2  as are required under Rule 44. When any member, except for an
     3  excused absence, fails to attend five consecutive regular
     4  meetings of his committee, the chairman of that committee or
     5  subcommittee shall notify him of that fact and, if the member in
     6  question fails to reasonably justify his absences to the
     7  satisfaction of a majority of the membership of the standing
     8  committee of which he is a member, his membership on the
     9  committee or subcommittee shall be deemed vacant and the
    10  chairman of the standing committee shall notify the Speaker of
    11  the House to that effect. Such vacancy shall then be filled in
    12  the manner prescribed by these rules.
    13     Whenever the chairman of any standing committee shall refuse
    14  to call a regular meeting, then a majority of the members of the
    15  standing committee may vote to call a meeting by giving two days
    16  written notice to the Speaker of the House, setting the time and
    17  place for such meeting. Such notice shall be read in the House
    18  and the same posted by the Chief Clerk in the House Chamber.
    19  Thereafter, the meeting shall be held at the time and place
    20  specified in the notice. In addition, all provisions of the act
    21  of July 19, 1974 (P.L.486, No.175) relative to notice of
    22  meetings shall be complied with.
    23     Records, bills and other papers in the possession of
    24  committees and subcommittees, upon final adjournment of the
    25  House shall be filed with the Chief Clerk.
    26     No committee report, except a report of the Appropriations
    27  Committee, shall be recognized by the House, unless the same has
    28  been acted upon by a majority vote of the members of a standing
    29  committee present at a committee session actually assembled and
    30  meeting as a committee, provided such majority vote numbers at
    19990H0211R1997                 - 10 -

     1  least 12 members, and provided further a quorum is present. No
     2  committee report of the Appropriations Committee shall be
     3  recognized by the House, unless the same has been acted upon by
     4  a majority vote of the members of such committee present at a
     5  committee session actually assembled and meeting as a committee,
     6  provided such majority vote numbers at least 14 members, and
     7  provided further a quorum is present.
     8     No proxy voting shall be permitted in committee, except as
     9  provided for herein. If a member reports to a scheduled
    10  committee meeting and advises the chairman and other members of
    11  a conflicting committee meeting or other legislative meeting
    12  which he or she must attend, the member is authorized to give
    13  the chairman or minority chairman his or her proxy in writing
    14  which shall include written instructions for the exercise of
    15  such proxy by the chairman or minority chairman during the
    16  meeting. The member should also advise the chairman where he or
    17  she can be reached. In the event the conflicting committee
    18  meeting or other legislative meeting is scheduled to convene at
    19  the same time or prior to the meeting at which a member desires
    20  to vote by proxy, such proxy shall be delivered by the member in
    21  person to the offices of both the chairman and minority chairman
    22  prior to, but on the same day as, the conflicting meetings.
    23     When the majority of the members of a standing committee
    24  believe that a certain bill or resolution in the possession of
    25  the standing committee should be considered and acted upon by
    26  such committee, they may request the chairman to include the
    27  same as part of the business of a committee meeting. Upon
    28  failure of the chairman to comply with such request, the
    29  membership may require that such bill be considered by written
    30  motion made and approved by a majority vote of the entire
    19990H0211R1997                 - 11 -

     1  membership to which such committee is entitled.
     2     Whenever the phrase "majority of members of a standing
     3  committee or subcommittee" is used in these rules, it shall mean
     4  majority of the entire membership to which a standing committee
     5  or subcommittee is entitled, unless the context thereof
     6  indicates a different intent.
     7     To assist the House in appraising the administration of the
     8  laws and in developing such amendments or related legislation as
     9  it may deem necessary, each standing committee or subcommittee
    10  of the House shall exercise continuous watchfulness of the
    11  execution by the administrative agencies concerned of any laws,
    12  the subject matter of which is within the jurisdiction of such
    13  committee or subcommittee; and, for that purpose, shall study
    14  all pertinent reports and data submitted to the House by the
    15  agencies in the executive branch of the Government.
    16     The Committee on Appropriations shall have the power to issue
    17  subpoenas under the hand and seal of its chairman commanding any
    18  person to appear before it and answer questions touching matters
    19  properly being inquired into by the committee, which matters
    20  shall include data from any fund administered by the
    21  Commonwealth, and to produce such books, papers, records,
    22  documents and data and information produced and stored by any
    23  electronic data processing system as the committee deems
    24  necessary. Such subpoenas may be served upon any person and
    25  shall have the force and effect of subpoenas issued out of the
    26  courts of this Commonwealth. Any person who willfully neglects
    27  or refuses to testify before the committee or to produce any
    28  books, papers, records, documents or data and information
    29  produced and stored by any electronic data processing system
    30  shall be subject to the penalties provided by the laws of the
    19990H0211R1997                 - 12 -

     1  Commonwealth in such case. Each member of the committee shall
     2  have power to administer oaths and affirmations to witnesses
     3  appearing before the committee. The committee may also cause the
     4  deposition of witnesses either residing within or without the
     5  State to be taken in the manner prescribed by law for taking
     6  depositions in civil actions.
     7                              RULE 77
     8                   Suspending and Changing Rules
     9     Any rule of the House, which is not required by the
    10  Constitution, may be temporarily suspended at any time for a
    11  specific purpose only by a vote of [55%] 67% of the members
    12  elected to the House by a roll call vote.
    13     A motion to suspend the rules may not be laid on the table,
    14  postponed, committed or amended.
    15     The existing rules of the House shall not be changed, added
    16  to, modified or deleted except by written resolution and the
    17  same approved by a majority vote of the members elected to the
    18  House by a roll call vote.
    19     Except where such resolution originates with the Committee on
    20  Rules, no resolution proposing any change, addition,
    21  modification or deletion to existing House rules shall be
    22  considered until such resolution has been referred to the
    23  Committee on Rules, reported therefrom, printed, filed on the
    24  desk of each member and placed on the calendar.
    25     Any proposed change, addition, modification or deletion
    26  offered by a member on the floor of the House to such resolution
    27  shall be considered, in effect, a change, addition, modification
    28  or deletion to existing House rules and shall require for
    29  approval a majority vote of the members by a roll call vote.

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