PRINTER'S NO.  1284

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE RESOLUTION

 

No.

32

Session of

2011

  

  

INTRODUCED BY PILEGGI AND COSTA, JUNE 6, 2011

  

  

REFERRED TO RULES AND EXECUTIVE NOMINATIONS, JUNE 6, 2011  

  

  

  

A RESOLUTION

  

1

Providing for the Rules of the Senate for the 195th and 196th

2

Regular Session.

3

RESOLVED, That Senate Resolution No. 1, Printer's No. 1

4

(2011), Senate Resolution No. 4, Printer's No. 4 (2011) and

5

Senate Resolution No. 45, Printer's No. 658 (2011) be repealed

6

effective September 1, 2011.

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RESOLVED, That the following be adopted as the Rules of the

8

Senate for the governing of the 195th and 196th Regular Session

9

effective September 1, 2011.

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(2011-2012)

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RULES OF THE SENATE OF PENNSYLVANIA

12

I SESSIONS

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Regular and Special

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1.  The General Assembly shall be a continuing body during

15

the term for which its Representatives are elected. It shall

16

meet at twelve o'clock noon on the first Tuesday of January each

17

year. Special sessions shall be called by the Governor on

18

petition of a majority of the Members elected to each House or

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1

may be called by the Governor whenever in his opinion the public

2

interest requires. (Const. Art. 2, Sec. 4)

3

Weekly

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2.  The Senate shall convene its weekly sessions on Monday,

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unless the Senate shall otherwise direct.

6

II PRESIDENT

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The Lieutenant Governor shall be President of the Senate.

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(Const. Art. 4, Sec. 4)

9

III DUTIES OF THE PRESIDENT

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1.  The President shall:

11

(a)  Take the chair on every legislative day at the hour to

12

which the Senate stands recessed, immediately call the Senators

13

to order, and proceed with the Order of Business of the Senate.

14

(b)  While in session have general direction of the Senate

15

Chamber. It shall be the President's duty to preserve order and

16

decorum, and, in case of disturbance or disorderly conduct in

17

the Chamber or galleries, may cause the same to be cleared. When

18

in the President's opinion there arises a case of extreme

19

disturbance or emergency the President shall, with the

20

concurrence of the President Pro Tempore, the Majority and

21

Minority Leaders, recess the Senate. Such recess shall not

22

extend beyond the limitation imposed by Article 2, Section 14 of

23

the Constitution.

24

(c)  During debate, prevent personal references or questions

25

as to motive, and confine Senators, in debate, to the question.

26

(d)  Decide, when two or more Senators arise, who shall be

27

first to speak.

28

(e)  In the presence of the Senate, within one legislative

29

day after receipt or adoption, sign all bills and joint

30

resolutions which have passed both Houses after their titles

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1

have been read.

2

(f)  Sign resolutions, orders, writs, warrants and subpoenas

3

issued by order of the Senate. The signature shall be attested

4

by the Secretary-Parliamentarian of the Senate, or, if absent,

5

by the Chief Clerk; and the fact of signing shall be entered in

6

the Journal.

7

(g)  Decide all points of order, subject to appeal, giving,

8

however, any Member called to order the right to extenuate or

9

justify. Debate shall not be permitted unless there be an appeal

10

from a decision of the President in which event the President

11

shall submit the question to the whole Senate for decision. The

12

President shall submit points of order involving the

13

constitutionality of any matter to the Senate for decision.

14

Questions of order submitted to the Senate may be debated.

15

IV PRESIDENT PRO TEMPORE

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1.  (a)  The Senate shall, at the beginning and close of each

17

regular session and at such other times as may be necessary,

18

elect one of its Members President Pro Tempore, who shall

19

perform the duties of the Lieutenant Governor in any case of

20

absence or disability of that officer, and whenever the office

21

of Lieutenant Governor shall be vacant. (Const. Art. 2, Sec. 9)

22

(b)  The vote of a majority of the Members voting shall be

23

required to elect a President Pro Tempore. Except at the

24

beginning and close of each regular session, the Senate shall

25

only elect a President Pro Tempore when the office has become

26

vacant and the vote of the majority of the Members elected shall

27

be required to vacate the office of a seated President Pro

28

Tempore.

29

V DUTIES OF PRESIDENT PRO TEMPORE

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1.  The President Pro Tempore shall:

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1

(a)  Appoint the Chair, Vice-Chair and members of the

2

Standing Committees of the Senate as soon after the election of

3

the President Pro Tempore as possible.

4

(b)  Appoint members to special committees whenever

5

authorized.

6

(c)  Fill all vacancies occurring in standing and special

7

committees.

8

(d)  Refer to the appropriate standing committee, every bill

9

and joint resolution which may be introduced in the Senate or

10

received from the House of Representatives.

11

(e)  Appoint and have under the President Pro Tempore's

12

direction such Senate employees as are authorized by law.

13

(f)  Vote last on all questions when occupying the Chair.

14

2.  The President Pro Tempore may:

15

(a)  Name any Senator to preside in the absence of the

16

President, or if both the President and President Pro Tempore

17

are absent the Majority Leader, or the Majority Leader's

18

designee, shall preside. The Majority Leader, during such time,

19

shall be vested with all powers of the President. This authority

20

shall not extend beyond a day's recess.

21

VI DUTIES OF THE SECRETARY-PARLIAMENTARIAN

22

1.  At the beginning of each regular session convening in an

23

odd-numbered year and at other times as may be necessary, the

24

Senate shall elect a Secretary-Parliamentarian of the Senate.

25

2.  The Secretary-Parliamentarian of the Senate shall:

26

(a)  Assist the presiding officer in conducting the business

27

of the session.

28

(b)  Act in the capacity of Parliamentarian.

29

3.  The Secretary-Parliamentarian of the Senate shall,

30

subject to the direction of the President Pro Tempore:

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(a)  Direct the following functions: (1) amending bills in

2

the Senate; (2) preparing and publishing the Senate Calendar;

3

(3) publication of the Senate History. (4) numbering Senate

4

bills as they are introduced and causing them to be distributed

5

to the chair of the committee to which they are referred and

6

receiving a receipt for same; (5) printing of bills.

7

(b)  Keep a record of the Senate action on a bill on a

8

special record sheet attached to the bill after it has been

9

reported from committee.

10

(c)  Keep a record of all leaves granted by the Senate by

11

compiling the leave requests submitted by a member and

12

transmitted to the Secretary-Parliamentarian by the respective

13

floor leaders. These records shall be retained only for the

14

duration of the two-year legislative session. Further, these

15

records shall be available for public inspection upon request.

16

(d)  Transmit all bills, joint resolutions, concurrent

17

resolutions and other communications to the House of

18

Representatives within one legislative day of final passage or

19

adoption, and each shall be accompanied by a message stating the

20

title to the measure being transmitted and requesting

21

concurrence of the House, as required.

22

(e)  Attest all writs, warrants and subpoenas issued by order

23

of the Senate; certify as to the passage of Senate Bills and the

24

approval of executive nominations.

25

(f)  Supervise the Senate Library, assist Senators by making

26

reference material available to them and perform any duties

27

assigned to the Senate Librarian by any statute.

28

(g)  Supervise the Chief Sergeant-at-Arms, the Senate Bill

29

Room, the Senate Print Shop, the Official Reporter's Office and

30

the Senate Page Service.

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4.  The Secretary-Parliamentarian of the Senate shall post

2

each roll call vote taken in the Senate on the Internet website

3

maintained by the Senate immediately, but in no case later than

4

24 hours after the vote. Each roll call vote shall be posted in

5

a manner which clearly identifies the bill, resolution or other

6

subject of the vote.

7

5.  The Secretary-Parliamentarian of the Senate shall post

8

the Legislative Journal of the Senate on the Internet website

9

maintained by the Senate upon approval of the Journal or within

10

45 calendar days of each session day, whichever is earlier. If

11

the Secretary-Parliamentarian posts the Legislative Journal on

12

the Internet website prior to Senate approval, the copy shall be

13

marked "Official Reporter's Document."

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VII DUTIES OF THE CHIEF CLERK

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1.  At the beginning of each regular session convening in an

16

odd-numbered year and whenever necessary, the Senate shall elect

17

a Chief Clerk of the Senate.

18

2.  The Chief Clerk shall be the chief fiscal officer of the

19

Senate and shall perform those duties prescribed in section 2.4

20

of the act of January 10, 1968 (1967 P.L.925, No.417), referred

21

to as the Legislative Officers and Employes Law. In addition,

22

the Chief Clerk, subject to the direction of the President Pro

23

Tempore, shall perform those powers and duties prescribed in the

24

Financial Operating Rules of the Senate. In the absence of the

25

Secretary-Parliamentarian, the Chief Clerk shall, subject to the

26

direction of the President Pro Tempore, attest all writs,

27

warrants and subpoenas issued by order of the Senate and shall

28

certify as to the passage of Senate Bills and the approval of

29

executive nominations.

30

VIII DUTIES OF THE SERGEANT-AT-ARMS

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1.  The Chief Sergeant-at-Arms shall:

2

(a)  Be constantly in attendance during the sessions of the

3

Senate except when absent in discharging other duties.

4

(b)  Have charge of and direct the work of the Assistant

5

Sergeants-at-Arms.

6

(c)  Serve all subpoenas and warrants issued by the Senate or

7

any duly authorized officer or committee.

8

(d)  Maintain order, at the direction of the presiding

9

officer, in the Senate Chamber and adjoining rooms.

10

(e)  See that no person, except those authorized to do so,

11

disturbs or interferes with the desk or its contents of any

12

Senator or officer.

13

(f)  Exclude from the floor all persons not entitled to the

14

privilege of the same.

15

(g)  Have charge of all entrances to the Chamber during the

16

sessions of the Senate and shall see that the doors are properly

17

attended.

18

(h)  Announce, upon recognition by the presiding officer, all

19

important communications and committees.

20

(i)  Escort the Senate to all Joint meetings with the mace.

21

(j)  Escort the Senate to attend funeral services of members,

22

former members of the Senate or other dignitaries with the mace.

23

IX ORDER OF BUSINESS

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1.  The Order of Business to be observed in taking up

25

business shall be as follows:

26

First

Call to Order.

27

28

Second

  

Prayer by the Chaplain and Pledge of Allegiance.

29

Third

Reading of Communications.

30

Fourth

Receiving reports of committees. 

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1

2

3

4

5

6

Fifth

  

  

  

  

  

Asking of leaves of absence. No Senator shall absent himself without leave of the Senate, first obtained, unless prevented from attendance by sickness, or other sufficient cause.

7

8

Sixth

  

Approval of Journals of preceding session days.

9

10

Seventh

  

Offering of original resolutions.

11

Eighth

Introduction of Guests.

12

13

14

15

16

17

18

19

Ninth

  

  

  

  

  

  

  

Consideration of the Calendar. Any bill or resolution on the Calendar not finally acted upon within ten legislative days shall be removed from the Calendar and laid on the table, unless the Senate shall otherwise direct.

20

21

Tenth

  

Consideration of Executive Nominations.

22

23

24

25

Eleventh

  

  

  

Unfinished Business. Reports of Committees. Unanimous consent resolutions. Congratulatory and condolence resolutions.

26

27

28

29

30

Twelfth

  

  

  

  

First consideration of bills reported from committee, which, at this time, shall not be subject to amendment, debate or a vote thereon.

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1

2

Thirteenth

  

Announcements by the Secretary-Parliamentarian.

3

4

Fourteenth

  

Introduction of Petitions and Remonstrances.

5

Fifteenth

Recess.

6

Special Order of Business

7

2.  Any subject may, by a vote of a majority of the Members

8

present, be made a special order; and when the time so fixed for

9

its consideration arrives, the presiding officer shall lay it

10

before the Senate.

11

X ORDER AND DECORUM

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Recognition

13

1.  Any Senator who desires to speak or deliver any matter to

14

the Senate shall rise and respectfully address the presiding

15

officer as "Mr. President" or "Madam President," and on being

16

recognized, may address the Senate at a microphone located on

17

the floor of the chamber.

18

Avoiding Personal References

19

2.  Any Senator addressing the Senate shall confine remarks

20

to the question under debate, avoiding personal references or

21

questions as to motive.

22

Speaking Out of Order

23

3.  If any Senator transgresses the Rules of the Senate, in

24

speaking or otherwise, the presiding officer may, or any Senator

25

may through the presiding officer, call that Senator to order.

26

Speaking More than Twice

27

4.  No Senator shall speak more than twice on one question

28

without leave of the Senate.

29

Decorum

30

5.  When a Senator is speaking, no other person shall pass

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1

between the Senator and the presiding officer.

2

Order and Privilege

3

6.  No Senator speaking shall be interrupted except by a call

4

to order, a question of privilege, or a call for the previous

5

question, without the consent of the Senator speaking, and no

6

Senator shall speak on a question after it is put to a vote.

7

Questions of Order

8

7.  The presiding officer shall decide all questions of

9

order, subject to appeal by any member. No debate shall be

10

allowed on questions of order, unless there is an appeal. A

11

second point of order on the same general subject, but not the

12

same point, is not in order while an appeal is pending, but when

13

the first appeal is decided, laid on the table or otherwise

14

disposed of, the second point of order is in order and is

15

subject to appeal. While an appeal is pending, no other business

16

is in order. It is within the discretion of the presiding

17

officer as to whether to vacate the chair on an appeal.

18

Question When Interrupted

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8.  A question regularly before the Senate can be interrupted

20

only by a call for the previous question, for amendment,

21

postponement, to lay on the table, commitment, recess or

22

adjournment sine die.

23

Use of Tobacco Products

24

9.  No tobacco products, including cigarettes, cigars, pipes

25

and chewing tobacco shall be used in the Senate Chamber or in

26

Senate Committee Rooms.

27

Cell Phones

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10.  In the Senate Chamber, cell phones and similar portable

29

communication devices shall be set to silent mode.

30

XI MOTIONS

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1

Putting a Motion

2

1.  When a motion is made, it shall, before debate, be stated

3

by the presiding officer. Every motion made to the Senate and

4

entertained by the presiding officer shall be entered in the

5

Journal with the name of the Senator making it. A motion may be

6

withdrawn by the Senator making it before amendment,

7

postponement, an order to lay on the table, or decision.

8

Precedence of Motions

9

2.  Motions shall take precedence in the following order:

10

1.  Adjourn sine die.

11

2.  Recess.

12

3.  Previous question.

13

4.  Recess temporarily within the same session day.

14

5.  Questions of privilege of the Senate.

15

6.  Orders of the day.

16

7.  Lay on the table.

17

8.  Limit, close or extend limit on debate.

18

9.  Postpone.

19

10.  Commit or recommit.

20

11.  Amend.

21

12.  Main motion.

22

Non-Debatable Motions

23

3.  Non-debatable motions are:

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1.  Adjourn sine die.

25

2.  Recess.

26

3.  Recess temporarily within the same session day.

27

4.  Previous question.

28

5.  Lay on table.

29

6.  Orders of the day.

30

7.  Limit, close or extend limit on debate.

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1

Motions Which Permit Limited Debate

2

4.  On the motion to postpone, the question of postponement

3

is open to debate, but the main question is not.

4

5.  The motion to commit or recommit to committee is

5

debatable as to the propriety of the reference, but the main

6

question is not open to debate.

7

6.  The motion to amend is debatable on the amendments only

8

and does not open the main question to debate.

9

Seconding Motions

10

7.  All motions except for the previous questions (which

11

shall be moved by not less than four Senators) may be made

12

without a second.

13

Recessing and Convening

14

8.  (a)  A motion to recess shall always be in order, except

15

when on the call for the previous question, the main question

16

shall have been ordered to be now put, or when a Member has the

17

floor and shall be decided without debate.

18

(b)  A motion to recess, adopted and not having a reconvening

19

time, the Senate will meet the following day at 10:00 a.m.

20

(c)  The Senate shall not convene earlier than 8:00 a.m.

21

unless the Senate adopts a motion that sets forth the need to

22

convene earlier than 8:00 a.m.

23

(d)  The Senate shall not recess later than 11:00 p.m. each

24

session day unless the Senate adopts a motion that sets forth

25

the need to recess later than 11:00 p.m.

26

Motion for Previous Question

27

9.  Pending the consideration of any question before the

28

Senate, a Senator may call for the previous question, and if

29

seconded by four Senators, the President shall submit the

30

question: "Shall the main question now be put?" If a majority

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1

vote is in favor of it, the main question shall be ordered, the

2

effect of which shall cut off all further amendments and debate,

3

and bring the Senate to a direct vote first upon the pending

4

amendments and motions, if there be any, then upon the main

5

proposition. The previous question may be ordered on any pending

6

amendment or motion before the Senate.

7

Motion to Lay on Table

8

10.  The motion to lay on the table is not debatable and the

9

effect of the adoption of this motion is to place on the table

10

the pending question and everything adhering to it. Questions

11

laid on the table remain there for the entire session unless

12

taken up before the session closes.

13

Motion to Take from Table

14

11.  A motion to take from the table, a bill or other

15

subject, is in order under the same order of business in which

16

the matter was tabled. It shall be decided without debate or

17

amendment.

18

Reconsideration

19

12.  When a question has once been made and carried in the

20

affirmative or negative, it shall be in order to move the

21

reconsideration thereof. When the Senate has been equally

22

divided on a question, or a bill shall have failed to pass, by

23

reason of not having received the number of votes required by

24

the Constitution, it shall be in order to move the

25

reconsideration thereof.

26

Provided, however, that no motion for the reconsideration of

27

any vote shall be in order after a bill, resolution, report,

28

amendment or motion upon which the vote was taken shall have

29

gone out of the possession of the Senate.

30

Provided, further, that no motion for reconsideration shall

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be in order unless made on the same day on which the vote was

2

taken, or within the next five days of voting session of the

3

Senate thereafter.

4

A motion to reconsider the same question a third time is not

5

in order.

6

When a bill, resolution, report, amendment, order, or

7

communication, upon which a vote has been taken, shall have gone

8

out of the possession of the Senate and been sent to the House

9

of Representatives or to the Governor, the motion to reconsider

10

shall not be in order until a resolution has been passed to

11

request the House or Governor to return the same and the same

12

shall have been returned to the possession of the Senate.

13

XII BILLS

14

Passage of Bills

15

1.  (a)  No law shall be passed except by bill, and no bill

16

shall be so altered or amended, on its passage through either

17

House, as to change its original purpose. (Const. Art. 3, Sec.

18

1)

19

(b)  No alteration or amendment shall be considered which is

20

not appropriate and closely allied to the original purpose of

21

the bill. If a bill has been amended after being reported by the

22

Appropriations Committee and if the amendment may require the

23

expenditure of Commonwealth funds or funds of a political

24

subdivision or cause a loss of revenue to the Commonwealth or a

25

political subdivision, the Appropriations Committee shall make a

26

fiscal note reflecting the impact of the amendment available to

27

the Senators.

28

Reference and Printing

29

2.  No bill shall be considered unless referred to a

30

committee, printed for the use of the members and returned

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1

therefrom. (Const. Art. 3, Sec. 2)

2

Form of Bills

3

3.  No bill shall be passed containing more than one subject,

4

which shall be clearly expressed in its title, except a general

5

appropriation bill or a bill codifying or compiling the law or a

6

part thereof. (Const. Art. 3, Sec. 3)

7

Consideration of Bills

8

4.  Every bill shall be considered on three different days in

9

each House. All amendments made thereto shall be printed for the

10

use of the members before the final vote is taken on the bill

11

and before the final vote is taken, upon written request

12

addressed to the presiding officer of either House by at least

13

twenty-five per cent of the Members elected to that House, any

14

bill shall be read at length in that House. No bill shall become

15

a law, unless on its final passage the vote is taken by yeas and

16

nays, the names of the persons voting for and against it are

17

entered on the Journal, and a majority of the Members elected to

18

each House is recorded thereon as voting in its favor. (Const.

19

Art. 3, Sec. 4)

20

Local and Special Bills

21

5.  No local or special bill shall be passed unless notice of

22

the intention to apply therefor shall have been published in the

23

locality where the matter or the thing to be effected may be

24

situated, which notice shall be at least thirty days prior to

25

the introduction into the General Assembly of such bill and in

26

the manner to be provided by law; the evidence of such notice

27

having been published, shall be exhibited in the General

28

Assembly, before such act shall be passed. (Const. Art. 3, Sec.

29

7)

30

Revenue Bills

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1

6.  All bills for raising revenue shall originate in the

2

House of Representatives, but the Senate may propose amendments

3

as in other bills. (Const. Art. 3, Sec. 10)

4

Appropriation Bills

5

7.  (a)  The general appropriation bill shall embrace nothing

6

but appropriations for the executive, legislative and judicial

7

departments of the Commonwealth, for the public debt and for

8

public schools. All other appropriations shall be made by

9

separate bills, each embracing but one subject. (Const. Art. 3,

10

Sec. 11)

11

(b)  No appropriation shall be made for charitable,

12

educational or benevolent purposes to any person or community

13

nor to any denomination and sectarian institution, corporation

14

or association: Provided, That appropriations may be made for

15

pensions or gratuities for military service and to blind persons

16

twenty-one years of age and upwards and for assistance to

17

mothers having dependent children and to aged persons without

18

adequate means of support and in the form of scholarship grants

19

or loans for higher educational purposes to residents of the

20

Commonwealth enrolled in institutions of higher learning except

21

that no scholarship, grants or loans for higher educational

22

purposes shall be given to persons enrolled in a theological

23

seminary or school of theology. (Const. Art. 3, Sec. 29)

24

Charitable and Educational Appropriations

25

8.  No appropriation shall be made to any charitable or

26

educational institution not under the absolute control of the

27

Commonwealth, other than normal schools established by law for

28

the professional training of teachers for the public schools of

29

the State, except by a vote of two-thirds of all the members

30

elected to each House. (Const. Art. 3, Sec. 30)

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1

Land Transfer Legislation

2

8.1.  No bills granting or conveying Commonwealth land or

3

taking title thereto shall be reported by any committee of the

4

Senate unless there has been filed with the Secretary-

5

Parliamentarian and the Chair of the Reporting Committee, a

6

memorandum from the Department of General Services indicating

7

the use to which the property is presently employed, the full

8

consideration for the transfer, if any, a departmental appraisal

9

of the property, including its valuation and a list of recorded

10

liens and encumbrances, if any, the use to which the property

11

will be employed upon its transfer, the date by which the land

12

is needed for its new use, and the senatorial district or

13

districts in which the land is located. The memorandum shall be

14

filed within 60 days after a request is made for same and

15

contain a statement by a responsible person in the Department of

16

General Services indicating whether or not the departments

17

involved favor the transfer which is the subject of the bill

18

under consideration.

19

8.2.  No amendment granting or conveying Commonwealth land or

20

taking title thereto shall be considered by the Senate unless

21

there has been filed with the Secretary-Parliamentarian and the

22

Chair of the committee reporting the bill, a memorandum from the

23

Department of General Services indicating the use to which the

24

property is presently employed, the full consideration for the

25

transfer, if any, a departmental appraisal of the property,

26

including its valuation and a list of recorded liens and

27

encumbrances, if any, the use to which the property will be

28

employed upon its transfer, the date by which the land is needed

29

for its new use, the senatorial district or districts in which

30

the land is located and a statement by a responsible person in

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1

the Department of General Services indicating whether or not the

2

departments involved favor the transfer which is the subject of

3

the amendment under consideration. The sponsor of the amendment

4

may request the memorandum from the Department of General

5

Services.

6

Consideration - Second Regular Session

7

9.  All bills, joint resolutions, resolutions, concurrent

8

resolutions, or other matters pending before the Senate upon the

9

recess of a first regular session convening in an odd-numbered

10

year shall maintain their status and be pending before a second

11

regular session convening in an even-numbered year but not

12

beyond adjournment sine die or November 30th of such year,

13

whichever first occurs.

14

Introduction

15

10.  All bills shall be introduced in quadruplicate. A

16

sponsor may be added after a bill has been printed but the

17

addition of sponsors shall not require that the bill be

18

reprinted. All bills shall be examined by the Legislative

19

Reference Bureau for correctness as to form and shall be

20

imprinted with the stamp of the Bureau before being filed with

21

the Secretary-Parliamentarian for introduction.

22

Character of Bills to be Introduced

23

11.  No Member shall introduce, nor shall any committee

24

report any bill for the action of the Senate, proposing to

25

legislate upon any of the subjects prohibited by Article III,

26

section 32 of the Constitution.

27

Printing of Amended Bills

28

12.  All bills reported or re-reported from committee, if

29

amended by the committee, and all bills on the Calendar, if

30

amended by the Senate, shall be reprinted and a new printer's

- 18 -

 


1

number assigned thereto before any action is taken thereon.

2

No bill or joint resolution re-reported from committee as

3

amended shall be voted on final passage until at least six hours

4

have elapsed from the time of the committee report.

5

First Consideration

6

13.  Bills on first consideration shall not be subject to

7

amendment, debate or a vote thereon.

8

Second Consideration

9

14.  Bills on second consideration may be subject to

10

amendment, debate and a vote thereon.

11

Third Consideration and Final Passage

12

15.  (a)  Bills on third consideration may be amended and are

13

subject to debate. Bills on final passage may not be amended but

14

are open to debate. The vote on final passage shall be taken by

15

a roll call. The names of the Senators voting for and against

16

shall be recorded, entered in the Journal and posted on the

17

Internet website maintained by the Senate. No bill shall be

18

declared passed unless a majority of all Senators elected to the

19

Senate shall be recorded as voting for the same.

20

(b)  No bill which may require an expenditure of Commonwealth

21

funds or funds of any political subdivision or cause a loss of

22

revenue to the Commonwealth or any political subdivision shall

23

be given third consideration on the Calendar until it has been

24

referred to the Appropriations Committee and a fiscal note

25

attached thereto.

26

(b.1)  In obtaining the information required by these Rules,

27

the Appropriations Committee may utilize the services of the

28

Budget Office and any other State agency as may be necessary.

29

(b.2)  No bills appropriating money for charitable or

30

benevolent purposes shall be considered finally until after the

- 19 -

 


1

general appropriation bill shall have been reported from

2

committee.

3

16.  (a)  It shall not be in order, by suspension of this

4

Rule or otherwise, to consider a bill on final passage unless it

5

is printed, together with amendments, if any, and made available

6

to the Senators.

7

(b)  No bill or joint resolution amended on third

8

consideration shall be voted on final passage until at least six

9

hours have elapsed from the time of adoption of the amendment.

10

Pre-Filing of Bills, Joint Resolutions

11

and Resolutions

12

17.  Any Senator or Senator-elect may file bills, joint

13

resolutions and resolutions with the Secretary-Parliamentarian

14

of the Senate commencing on December 15 of each even-numbered

15

year. The Secretary-Parliamentarian of the Senate shall number

16

the bills, joint resolutions and resolutions and shall have them

17

available for distribution. Upon the naming of the committees of

18

the Senate at the convening of a First Regular Session, the

19

President Pro Tempore shall refer all prefiled measures to the

20

proper committee within 14 calendar days.

21

Normal Filing of Bills, Joint Resolutions

22

and Resolutions

23

18.  Senators may introduce bills, joint resolutions and

24

resolutions by filing the same with the Secretary-

25

Parliamentarian of the Senate. The Secretary-Parliamentarian of

26

the Senate shall number the bills, joint resolutions and

27

resolutions and shall notify the President Pro Tempore of the

28

fact of such filing.

29

Referral to Committee by President Pro Tempore

30

19.  Every bill, joint resolution and resolution introduced

- 20 -

 


1

by a Senator or received from the House of Representatives shall

2

be referred by the President Pro Tempore to the appropriate

3

committee within 14 calendar days. Upon referral, the Secretary-

4

Parliamentarian of the Senate shall deliver the bills, joint

5

resolutions and resolutions to the committees to which they have

6

been referred. The Secretary-Parliamentarian of the Senate shall

7

have the bills, joint resolutions and resolutions available for

8

distribution.

9

XIII AMENDMENTS

10

When in Order

11

1.  Amendments shall be in order when a bill is reported or

12

re-reported from committee, on second consideration and on third

13

consideration. No amendments shall be received by the presiding

14

officer or considered by the Senate which destroys the general

15

sense of the original bill, or is not appropriate and closely

16

allied to the original purpose of the bill. Any Member, upon

17

request, must be furnished a copy of a proposed amendment and be

18

given a reasonable opportunity to consider same before being

19

required to vote thereon.

20

2.  Amendments offered on the floor shall be read by the

21

clerk and stated by the presiding officer to the Senate before

22

being acted upon. Amendments shall be presented with at least

23

four typewritten copies obtained through the Legislative

24

Reference Bureau, which shall have the Sponsor identified. No

25

amendment may be considered by the Senate until the Secretary-

26

Parliamentarian of the Senate has posted the amendment on the

27

Internet website maintained by the Senate.

28

3.  Amendments to bills or other main motions or questions

29

before the Senate may be tabled. When an amendment proposed to

30

any bill or other main motion or question before the Senate is

- 21 -

 


1

laid on the table, it shall not carry with it or prejudice the

2

bill, main motion or question. A motion to take an amendment

3

from the table shall only be in order if the bill or other main

4

motion or question remains before the Senate for decision. The

5

motion to take an amendment from the table is not debatable and

6

shall have the same precedence as the motion to amend.

7

Amendments Reconsidering-Revert to Prior Print

8

4.  Amendments adopted or defeated may not be again

9

considered without reconsidering the vote by which said

10

amendments were adopted or defeated, unless a majority vote of

11

the Senators present shall decide to revert to a prior printer's

12

number. If such a motion is made to a bill on third

13

consideration and carried it shall not be in order to vote on

14

the final passage of said bill until a copy of the reverted

15

printer's number is made available to the Senators.

16

Concurrence in House Amendments

17

5.  (a)  No amendments to bills by the House shall be

18

concurred in by the Senate, except by the vote of a majority of

19

the Members elected to the Senate, taken by yeas and nays.

20

(Const. Art. 3, Sec. 5)

21

(b)  If a bill on concurrence contains an amendment which may

22

require the expenditure of Commonwealth funds or funds of a

23

political subdivision or cause a loss of revenue to the

24

Commonwealth or a political subdivision, the bill may not be

25

voted finally until a fiscal note reflecting the impact of the

26

amendment is made available to the Senators.

27

6.  (a)  Any bill or resolution containing House amendments

28

which is returned to the Senate shall be referred to the

29

Committee on Rules and Executive Nominations immediately upon

30

the reading of the communication by the clerk. The consideration

- 22 -

 


1

of any bill or resolution containing House amendments may

2

include the amendment of House amendments by the Committee on

3

Rules and Executive Nominations. The vote on concurring in

4

amendments by the House to bills or resolutions amended by the

5

House shall not be taken until said bills or resolutions have

6

been favorably reported, as committed or as amended, by the

7

Committee on Rules and Executive Nominations and have been

8

placed on the desks of the Senators and particularly referred to

9

on their calendars.

10

(b)  Unless the Majority Leader and the Minority Leader shall

11

agree otherwise, the offering of an amendment to House

12

amendments in the Committee on Rules and Executive Nominations

13

shall not be in order until at least one hour after the filing

14

of a copy of the amendment as prepared by the Legislative

15

Reference Bureau with the office of the Secretary-

16

Parliamentarian. Upon the filing of such an amendment, the

17

Secretary-Parliamentarian shall immediately time stamp the

18

amendment and forward a time-stamped copy of the amendment to

19

the offices of the Majority Leader and the Minority Leader.

20

Except as provided in this subsection, it shall not be in order

21

to suspend or otherwise waive the requirements of this

22

subsection.

23

XIV COMMITTEES

24

Standing Committees

25

1.  There shall be the following permanent Standing

26

Committees, the Chair, the Vice-Chair and members thereof to be

27

appointed by the President Pro Tempore as soon as possible after

28

the election of the President Pro Tempore in sessions convening

29

in odd-numbered years or such other times as may be necessary.

30

The composition of each Standing Committee shall reasonably

- 23 -

 


1

reflect the caucus composition of the Senate membership.

2

Aging and Youth -- 10 members

3

Agriculture and Rural Affairs -- 10 members

4

Appropriations -- 23 members

5

Banking and Insurance -- 13 members

6

Communications and Technology -- 10 members

7

Community, Economic and Recreational Development -- 13

8

members

9

Consumer Protection and Professional Licensure -- 13 members

10

Education -- 10 members

11

Environmental Resources and Energy -- 10 members

12

Finance -- 10 members

13

Game and Fisheries -- 10 members

14

Intergovernmental Operations -- 10 members

15

Judiciary -- 13 members

16

Labor and Industry -- 10 members

17

Law and Justice -- 10 members

18

Local Government -- 10 members

19

Public Health and Welfare -- 10 members

20

Rules and Executive Nominations -- 16 members

21

State Government -- 10 members

22

Transportation -- 13 members

23

Urban Affairs and Housing -- 10 members

24

Veterans' Affairs and Emergency Preparedness -- 10 members

25

Subcommittees

26

2.  Each standing committee or the chair thereof may appoint,

27

from time to time, a subcommittee to study or investigate a

28

matter falling within the jurisdiction of the standing committee

29

or to consider a bill or resolution referred to it. A

30

Subcommittee may hold public hearings only with the prior

- 24 -

 


1

permission of its standing committee. Subcommittees shall be

2

regulated by the Senate Rules of Procedure and shall be in

3

existence for only that time necessary to complete their

4

assignments and report to their standing committees.

5

Members-ex-officio

6

3.  (a)  The President Pro Tempore shall be an ex-officio

7

voting Member of all standing committees and any subcommittees

8

that may be established and shall not be included in the number

9

of committee members herein provided. However, the President Pro

10

Tempore shall not be an ex-officio Member of the Committee on

11

Ethics and Official Conduct.

12

(b)  The Majority Leader and the Minority Leader shall each

13

be an ex-officio member of the Committee on Appropriations and

14

shall not be included in the number of members of the committee

15

provided herein.

16

(c)  The Majority Leader shall serve as Chair of the

17

Committee on Rules and Executive Nominations and the Minority

18

Leader shall serve as the Minority Chair.

19

Committees' Function Between Sessions

20

4.  Standing committees shall exist and function both during

21

and between sessions. Such power shall not extend beyond

22

November 30th of any even-numbered year.

23

Powers and Responsibilities

24

5.  Standing committees are authorized:

25

(a)  To maintain a continuous review of the work of the

26

Commonwealth agencies concerned with their subject areas and the

27

performance of the functions of government within each such

28

subject area, and for this purpose to request reports from time

29

to time, in such form as the standing committee shall designate,

30

concerning the operation of any Commonwealth agency and

- 25 -

 


1

presenting any proposal or recommendation such agency may have

2

with regard to existing laws or proposed legislation in its

3

subject area. The standing committee is authorized to require

4

public officials and employees and private individuals to appear

5

before the standing committee for the purpose of submitting

6

information to it.

7

(b)  In order to carry out its duties, each standing

8

committee is empowered with the right and authority to inspect

9

and investigate the books, records, papers, documents, data,

10

operation, and physical plant of any public agency in this

11

Commonwealth.

12

(c)  In order to carry out its duties, each standing

13

committee may issue subpoenas, subpoenas duces tecum and other

14

necessary process to compel the attendance of witnesses and the

15

production of any books, letters or other documentary evidence

16

desired by the committee. The chair may administer oaths and

17

affirmations in the manner prescribed by law to witnesses who

18

shall appear before the committee to testify.

19

Notice of Meetings

20

6.  (a)  The chair of a committee, or, in the absence of the

21

chair, the vice-chair, with the approval of the chair, shall

22

provide each member of the committee with written notice of

23

committee meetings, which shall include the date, time and

24

location of the meeting and the number of each bill, resolution

25

or other matter which may be considered. During session, notice

26

of meetings of standing committees shall be published daily.

27

Notice shall be delivered by the chair to the Secretary-

28

Parliamentarian's office in writing by the end of the session on

29

the day preceding its intended publication.

30

(b)  Whenever the chair of any standing committee shall

- 26 -

 


1

refuse to call a regular meeting, then a majority plus one of

2

the members of the standing committee may vote to call a meeting

3

by giving two days' written notice to the Secretary-

4

Parliamentarian of the Senate, setting the time and place for

5

such meeting. Such notice shall be read in the Senate and the

6

same posted by the Secretary-Parliamentarian in the Senate.

7

Thereafter, the meeting shall be held at the time and place

8

specified in the notice. In addition, any such meeting shall

9

comply with all provisions of 65 Pa.C.S. Ch. 7 (relating to open

10

meetings) relative to notice of meetings.

11

(c)  When the majority plus one of the members of a standing

12

committee believe that a certain bill or resolution in the

13

possession of the standing committee should be considered and

14

acted upon by such committee, they may request the chair to

15

include the same as part of the business of a committee meeting.

16

Should the chair refuse such request, the membership may require

17

that such bill be considered by written motion made and approved

18

by a majority plus one vote of the entire membership to which

19

the committee is entitled.

20

7.  A committee meeting, or hearing for which notice has not

21

been published as provided in section 6(a), may be held during a

22

session only if approval is granted by the Majority and Minority

23

Leaders and if notice of the bills to be considered is given

24

during session.

25

Bills Recommitted

26

8.  Any bill or resolution reported by any standing committee

27

without prior notice having been given as required by these

28

Rules shall be recommitted to the committee reporting the same.

29

Public Meetings or Hearings

30

9.  (a)  The chair of a standing committee may hold hearings

- 27 -

 


1

open to the public and in doing so shall make a public

2

announcement in writing prior to the date of the hearing of the

3

date and time, the location and the subject matter of the

4

hearing.

5

(b)  The chair of a standing committee shall have the power

6

to designate whether or not a meeting of the committee for the

7

purpose of transacting committee business shall be open to the

8

public or shall be held in executive session and therefore

9

closed to the public, but no matters may be considered in

10

executive session for which an open meeting is required under 65

11

Pa.C.S. Ch. 7 (relating to open meetings).

12

10.  All standing committees may have their hearings reported

13

and transcribed if payment for such service is being made from

14

committee funds. If payment is expected to be made from a source

15

other than committee funds, approval must be first obtained from

16

the President Pro Tempore.

17

Quorum of Committee

18

11.  A committee is actually assembled only when a quorum

19

constituting a majority of the members of that committee is

20

present in person. A majority of the quorum of the whole

21

committee shall be required to report any bill, resolution or

22

other matter to the floor for action by the whole Senate.

23

Quorum of Subcommittee

24

12.  A subcommittee is actually assembled only when a quorum

25

constituting a majority of the members of that subcommittee is

26

present in person. A majority of the quorum of the whole

27

subcommittee shall be required to report any bill, resolution or

28

other matter to the committee.

29

Discharging Committees

30

13.  (a)  No standing committee shall be discharged from

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1

consideration of any bill, resolution or other matter within ten

2

legislative days of its reference to committee without the

3

unanimous consent of the Senate or after such ten-day period

4

except by majority vote of all members elected to the Senate.

5

(b)  Such discharge shall be by resolution which shall lie

6

over one day for consideration upon introduction and which may

7

be considered under the Order of Business of Resolutions on the

8

Calendar.

9

XV COMMITTEE OFFICERS

10

Chair - Ex-officio

11

1.  The Chair of each standing committee shall be ex-officio

12

a member of each subcommittee that may be established as part of

13

the standing committee, with the right to attend meetings of the

14

subcommittee and vote on any matter before the subcommittee.

15

Calling Committee to Order

16

2.  The Chair, or, if authorized by the Chair, the Vice-Chair

17

shall call the committee to order at the hour provided by these

18

Rules. Upon the appearance of a quorum, the committee shall

19

proceed with the order of business. Any member of the committee

20

may question the existence of a quorum.

21

Chair Control of the Committee Room

22

3.  The Chair, or, if authorized by the Chair, the Vice-Chair

23

shall preserve order and decorum and shall have general control

24

of the committee room. In case of a disturbance or disorderly

25

conduct in the committee room, the Chair, or, if authorized by

26

the Chair, the Vice-Chair may cause the same to be cleared. The

27

use of cell phones and similar portable communication devices

28

within any Senate committee room by other than members of the

29

Senate or their staffs is strictly prohibited.

30

Chair's Authority to Sign Notices, etc.

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1

Decide Questions of Order

2

4.  The Chair shall sign all notices, vouchers, subpoenas or

3

reports required or permitted by these Rules. The Chair shall

4

decide all questions of order relative to parliamentary

5

procedure, subject to an appeal by any member of the committee.

6

Vote of Chair, Vice-Chair

7

5.  The Chair and Vice-Chair shall vote on all matters before

8

such committee provided that the name of the Chair shall be

9

called last.

10

Performance of Duties by Vice-Chair

11

6.  Upon the death of the Chair, the Vice-Chair shall perform

12

the duties of the office until and unless the President Pro

13

Tempore shall appoint a successor. Upon and during disability,

14

or incapacity of the Chair, the Vice-Chair shall perform the

15

Chair's duties.

16

Chair's Duty to Report

17

7.  The Chair shall report any bill to the floor of the

18

Senate not later than the second legislative day after the

19

committee's vote to report it.

20

XVI COMMITTEE MEMBERS

21

Members, Attendance, Voting

22

1.  Every member of a committee shall be in attendance during

23

each of its meetings, unless excused or necessarily prevented,

24

and shall vote on each question, except that no member of a

25

committee shall be required or permitted to vote on any

26

questions immediately concerning that member's direct personal,

27

private or pecuniary interest.

28

2.  The Chair may excuse any Senator for just cause from

29

attendance during the meetings of the committee for any stated

30

period.

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1

3.  Any member of a committee who is otherwise engaged in

2

legislative duties may have the member's vote recorded on bills,

3

resolutions or other matters pending before the committee by

4

communicating in writing to the Chair the inability to attend

5

and the manner in which the member desires to be voted on bills,

6

resolutions or other matters pending before the committee.

7

XVII COMMITTEE VOTING

8

Taking the Vote

9

1.  The Chair shall announce the results of all votes to

10

report a bill or resolution or a vote regarding an executive

11

nomination. All votes shall be open to the public and shall be

12

posted on the Internet website maintained by the Senate within

13

24 hours.

14

2.  In all cases where the committee vote shall be equally

15

divided, the question falls.

16

XVIII MOTIONS IN COMMITTEES

17

1.  All motions made in committee shall be governed and take

18

the same precedence as those set forth in these Rules.

19

XIX CONFERENCE COMMITTEES

20

1.  The President Pro Tempore shall appoint three Senators to

21

comprise a Committee of Conference. Two shall be from the

22

majority party and one from the minority party.

23

2.  The deliberations of the committee shall be confined to

24

the subject of difference between the two Houses, unless both

25

Houses shall direct a free conference.

26

Report of Conference Committee

27

3.  (a)  The report of a Committee of Conference shall be

28

prepared in triplicate by the Legislative Reference Bureau and

29

shall be signed by the members or a majority of the members of

30

each committee comprising the Committee of Conference. Every

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1

report of a Committee of Conference shall be printed together

2

with the bill as amended by the committee, made available to the

3

Senators and shall be particularly referred to on their

4

calendars before action shall be taken on such report. No report

5

of a Committee of Conference may be adopted by the Senate until

6

at least six hours have elapsed from the time of adoption of the

7

report by the Committee of Conference.

8

(b)  A report of a Committee of Conference which requires the

9

expenditure of Commonwealth funds or funds of a political

10

subdivision or causes a loss of revenue to the Commonwealth or a

11

political subdivision shall have a fiscal note attached before

12

the report is finally adopted by the Senate.

13

Report of Conference Committee - Adoption

14

4.  Reports of committees of conference shall be adopted only

15

by the vote of a majority of the members elected to the Senate,

16

taken by yeas and nays. (Const. Art. 3, Sec. 5)

17

XX VOTING

18

Senators Must be Present

19

1.  Every Senator shall be present within the Senate Chamber

20

during the sessions of the Senate, and shall be recorded as

21

voting on each question stated from the Chair which requires a

22

roll call vote unless the Senator is on leave, is duly excused

23

or is unavoidably prevented from attending session. The refusal

24

of any Senator to vote as provided by this Rule shall be deemed

25

a contempt of the Senate.

26

Voting Required

27

2.  Except as may be otherwise provided by this Rule, no

28

Senator shall be permitted to vote on any question unless the

29

Senator is present in the Senate Chamber at the time the roll is

30

being called, or prior to the announcement of the vote.

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1

Capitol Leave

2

(a)  A Senator who is performing a legislative duty in the

3

Harrisburg area, which is defined in the Financial Operating

4

Rules of the Senate as within Dauphin County or otherwise within

5

a 10-mile radius of the Capitol, may, upon request during

6

session, be granted a Capitol Leave by the Senate and may be

7

voted by the Senator's respective floor leader. A specific

8

reason for the Capitol Leave must be given in writing by the

9

Senator. The Capital Leave request shall be communicated to the

10

Senator's  respective floor whip for transmission to the

11

respective floor leader prior to the beginning of a roll call

12

vote. All written Capitol Leave requests shall be transmitted by

13

the respective floor leaders to the Secretary-Parliamentarian of

14

the Senate for retention in accordance with Rule VI 3.(c) within

15

24 hours of the conclusion of the legislative day in which leave

16

was requested.

17

Legislative Leave

18

(b)  A Senator who is performing a legislative duty outside

19

of the Harrisburg area may, upon request during session, be

20

granted a Legislative Leave by the Senate and may be voted by

21

the Senator's respective floor leader. A specific reason for the

22

Legislative Leave must be given in writing by the Senator. The

23

Legislative Leave request shall be communicated to the Senator's

24

respective floor whip for transmission to the respective floor

25

leader prior to the beginning of a roll call vote. All written

26

Legislative Leave requests shall be transmitted by the

27

respective floor leaders to the Secretary-Parliamentarian of the

28

Senate for retention in accordance with Rule VI 3.(c) within 24

29

hours of the conclusion of the legislative day in which leave

30

was requested.

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1

Military Leave

2

(c)  A Senator who is on active duty or in training with a

3

reserve component of the armed forces of the United States or

4

the Pennsylvania National Guard or Air National Guard may be

5

granted a military leave. A Senator requesting military leave

6

shall submit a leave request to the Senator's respective floor

7

leader who shall transmit the request to the Secretary-

8

Parliamentarian of the Senate on behalf of the Senator

9

requesting leave within 24 hours of the conclusion of the

10

legislative day in which leave was requested.

11

Personal Leave

12

(d)  A Senator who is absent for any purpose other than those

13

set forth in these Rules may be granted a personal leave. A

14

Senator on personal leave shall not be voted on any question

15

before the Senate or on any question before any committee of the

16

Senate. A Senator requesting personal leave shall submit a leave

17

request to the Senator's respective floor leader who shall

18

transmit the request to the Secretary-Parliamentarian of the

19

Senate on behalf of the Senator requesting leave within 24 hours

20

of the conclusion of the legislative day in which leave was

21

requested.

22

Excused from Voting

23

3.  (a)  A Senator desiring to be excused from voting due to

24

a direct, personal, private or pecuniary interest in any

25

question or bill proposed or pending before the Senate, shall

26

seek a ruling from the presiding officer.

27

(b)  Senators who seek a ruling on whether they have a

28

direct, personal, private or pecuniary interest in any question

29

or bill proposed or pending before the Senate shall, after the

30

Senator is recognized by the presiding officer, make a brief

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1

statement of the reasons for making the request and ask the

2

presiding officer to decide whether or not the Senator must

3

vote. The question shall be decided by the presiding officer

4

without debate.

5

Changing Vote

6

4.  No Senator may vote or change a vote after the result is

7

announced by the Chair. Before the announcement of the final

8

result, however, a Senator may change a vote, or may vote, if

9

previously absent from the Chamber. Should a Senator be

10

erroneously recorded on any vote, the Senator may at any time,

11

with the permission of the Senate, make a statement to that

12

effect which shall be entered in the Journal. Similarly, should

13

the Senator be absent when a vote is taken on any question, the

14

Senator may later, with the permission of the Senate, make a

15

statement for entry upon the Journal, indicating how the Senator

16

would have voted had the Senator been present when the roll was

17

taken and the reasons therefor shall be submitted in writing or

18

delivered orally not to exceed five minutes.

19

Persons Allowed at Desk During Roll Call

20

5.  No Senator or other person, except the Majority or

21

Minority Leader or other persons designated by them, shall be

22

permitted at the Reading Clerk's desk during the recording,

23

counting or verification of a roll call vote.

24

Two-Thirds Vote

25

6.  When bills or other matters which require a two-thirds

26

vote are under consideration, the concurrence of two-thirds of

27

all the Senators elected shall not be requisite to decide any

28

question or amendment short of the final question and on any

29

question short of the final one, a majority of Senators voting

30

shall be sufficient to pass the same.

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1

Majority Vote Defined

2

7.  A majority of the Senators elected shall mean a majority

3

of the Senators elected, living, sworn and seated.

4

Majority Vote

5

8.  When bills or other matters which require a vote of the

6

majority of Senators elected are under consideration, the

7

concurrence of a majority of all the Senators elected shall not

8

be requisite to decide any question or amendment short of the

9

final question; and, on any question short of a final one, a

10

majority of Senators voting shall be sufficient to pass the

11

same.

12

Announcement of Vote

13

9.  Upon completion of a roll call vote or a voice vote the

14

result shall be announced immediately unless the Majority or

15

Minority Leader requests a delay.

16

Explanation of Vote

17

10.  Any Senator may, with the consent of the Senate, make an

18

explanation of a vote on any question and have the explanation

19

printed in the Journal.

20

Tie Vote

21

11.  In the case of a tie vote, the President of the Senate

22

may cast a vote to break the tie so long as by doing so it does

23

not violate any provisions of the Constitution of Pennsylvania.

24

In the event there is a tie vote on a question requiring a

25

constitutional majority, the question falls.

26

Verifying Vote

27

12.  Any Senator may demand a verification of a vote

28

immediately upon the completion of a roll call or after the

29

announcement of the vote by the presiding officer. In verifying

30

a vote, the Clerk shall first read the affirmative roll at which

- 36 -

 


1

time any additions or corrections shall be made. Upon the

2

completion and verification of the affirmative roll call, the

3

Clerk shall proceed with the reading of the negative roll at

4

which time any additions or corrections shall be made. Upon the

5

completion and verification of the negative roll call, the roll

6

call shall be declared verified. It shall not be in order for a

7

Senator to change a vote after the verified roll call is

8

announced. A demand for a verification shall not be in order

9

when all Senators vote one way. The demand for a verification of

10

a vote is not debatable.

11

Voice Vote

12

13.  Unless otherwise ordered or demanded, a voice vote may

13

be taken. Any Senator who doubts the accuracy of a voice vote

14

may demand a roll call vote. Such request must be made

15

immediately upon the announcement of the vote by the presiding

16

officer and shall not be in order after other business has

17

intervened. The demand for a verification of a voice vote shall

18

not be in order.

19

XXI CORRESPONDENTS

20

Admission to Senate Press Gallery

21

1.  Admission to the Senate Press Gallery shall be limited to

22

members in good standing of the Pennsylvania Legislative

23

Correspondents' Association and to other members of the press as

24

determined by the President Pro Tempore. Seating shall be

25

available on a first-come-first-served basis.

26

Photographs in Senate Chamber

27

2.  Photographers may be authorized by the President Pro

28

Tempore to take still photographs in the Senate.

29

3.  No still photographs shall be taken in the Senate during

30

sessions without prior notice to the Senators. When possible,

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1

such notice shall be given at the beginning of the session

2

during which the still photographs are scheduled to be taken.

3

Order and Decorum of Press

4

4.  Persons seated in the Senate Press Gallery shall be

5

dressed appropriately and shall, at all times, refrain from loud

6

talking or causing any disturbance which tends to interrupt the

7

proceedings of the Senate.

8

5.  Persons seated in the Senate Press Gallery shall not walk

9

onto the floor of the Senate nor approach the rostrum or the

10

clerk's desk during session or while being at ease.

11

XXII RADIO AND TELEVISION

12

1.  Filming, videotaping, televising or broadcasting of

13

Senate sessions shall be permitted as provided in these Rules.

14

2.  Nothing in this Rule shall be construed to prohibit any

15

licensed radio station or television station from broadcasting a

16

session from the Senate or any part thereof provided that the

17

signal originates from the Senate-operated audio-visual system

18

which transmits Senate session activity to the offices in the

19

Main Capitol and environs.

20

XXIII VIDEO FEED AND AUDIO FEED

21

Responsibilities of the Chief Clerk

22

1.  The Chief Clerk of the Senate, in consultation with the

23

Secretary-Parliamentarian of the Senate, shall provide a video

24

feed and an audio feed of Senate floor activity.

25

2.  The Chief Clerk of the Senate shall be responsible for

26

the acquisition, installation and maintenance of equipment

27

required to provide the video feed and the audio feed, and for

28

the continued development and operation of the feeds, including

29

the hiring of the necessary personnel.

30

3.  All equipment required to produce the video feed and

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1

audio feed shall be operated by Senate personnel. Nothing in any

2

contract entered into by the Office of the Chief Clerk regarding

3

installation or maintenance of equipment shall permit any

4

control over the video cameras and microphones in the Senate

5

Chamber to be exercised by anyone but the appropriate Senate

6

officers and employees.

7

Sessions Provided Free of Charge

8

4.  Continuous broadcast of Senate sessions shall be provided

9

free of charge to any licensed television station, radio station

10

or cable television outlet and shall further be available

11

through the Senate's website.

12

5.  The Senate Committee on Management Operations may

13

authorize providing the video feed and audio feed free of charge

14

to other entities.

15

Funding

16

6.  Funding for the implementation and operation of the

17

broadcasting system shall be provided through Senate

18

appropriations as designated by the President Pro Tempore.

19

Scope of Video and Audio Feeds

20

7.  The video feed and audio feed shall provide a complete,

21

unedited record of what is said on the floor of the Senate and

22

shall be free from commentary.

23

8.  To the extent possible, only the presiding officer and

24

the persons actually speaking shall be covered by the video

25

cameras and microphones.

26

9.  During roll call votes and other votes, the video cameras

27

shall be focused on the presiding officer or the appropriate

28

clerks until the announcement of the vote tabulation by the

29

presiding officer.

30

10.  During recesses of the Senate or when the Senate is at

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1

ease, the video feed and audio feed shall be turned off.

2

Restrictions on Video and Audio Feeds

3

11.  The video feed and audio feed, and any television or

4

radio coverage thereof, shall not be made available or used for

5

political or campaign purposes, whether in paid political

6

advertisements or otherwise. Use of the video feed and audio

7

feed shall be subject to all Federal and State laws relating to

8

elections and campaign practices.

9

12.  The video feed and audio feed, and any television or

10

radio coverage thereof, shall not be used in any commercial

11

advertisement.

12

13.  Any live coverage of the Senate shall be without and

13

presented without any commercial sponsorship, except when it is

14

part of a bona fide news program or public affairs program.

15

14.  The President Pro Tempore or any other presiding officer

16

shall be prohibited from ordering, without consent of the

17

Senate, that any segment of a floor session not be broadcast or

18

recorded.

19

15.  Except as provided in this paragraph, the President Pro

20

Tempore, any other presiding officer and any Senator, officer or

21

employee of the Senate shall be prohibited from editing any

22

portion of the video feed and audio feed described in this Rule.

23

A Senator may post a video clip or audio clip of Senate session

24

on an Internet website or provide a video clip or audio clip of

25

Senate session for any television broadcast as long as the clip

26

exclusively features the Senator who is posting or providing the

27

clip.

28

Other Recording Prohibited

29

16.  Except as provided in this Rule, any recording, filming,

30

videotaping, broadcasting or distribution of any session of the

- 40 -

 


1

Senate, or any part thereof, in any form whatsoever is

2

prohibited.

3

17.  Nothing in this Rule shall be construed to prohibit any

4

licensed radio station from broadcasting a session from the

5

Senate or any part thereof provided that the signal originates

6

from the Senate-operated sound system which transmits Senate

7

session activity to the offices in the Main Capitol and

8

environs.

9

Violations

10

18.  Any violation of this Rule shall be dealt with as

11

directed by the Committee on Rules and Executive Nominations.

12

Official Record

13

19.  The video feed and audio feed provided by the Senate

14

shall not constitute an official record of Senate actions. The

15

official record of Senate actions shall be contained in the

16

Journals prepared by the Secretary-Parliamentarian of the Senate

17

and approved by the Senate.

18

XXIV WHO PRIVILEGED TO THE

19

FLOOR OF THE SENATE

20

1.  With the exception of the Senate Gallery and the Senate

21

Press Gallery, no person shall be admitted within the Senate

22

Chamber during Senate sessions, unless invited by the President

23

Pro Tempore or the Majority or Minority Leaders. During session,

24

authorized staff with access to the Senate Chamber shall be

25

limited and shall be restricted to the area immediately adjacent

26

to the Majority and Minority Leaders' desks. Advice to Senators

27

during debate shall be allowed only when the Senator is using

28

the microphones at the leaders' desks.

29

Rear Entrance Closed During Session

30

2.  No person or persons shall, during a session, be

- 41 -

 


1

permitted to enter through the front or rear door of the Senate

2

Chamber nor be present in the rooms immediately to the rear of

3

the Senate Chamber except for Senators, officers and employees

4

expressly authorized.

5

Telephone Facilities

6

3.  No person or persons other than Senators or their staff

7

shall, at any time, be permitted to use the telephone facilities

8

in or adjacent to the Senate Chamber.

9

XXV RULES

10

1.  These Rules shall be in full force and effect until

11

altered, changed, amended or repealed as provided herein.

12

Dispensing with Rules

13

2.  The consent of a majority of the Senators elected shall

14

be necessary to suspend any Rule.

15

Altering, Changing or Amending - Vote

16

3.  The consent of a majority of the Senators elected shall

17

be necessary to alter, change or amend these Rules.

18

Alterations, Changing or Amending - Resolution

19

4.  All alterations, changes or amendments to Senate Rules

20

shall be by resolution which shall not be considered unless

21

first referred to and reported from the Rules Committee.

22

XXVI MASON'S MANUAL OF LEGISLATIVE

23

PROCEDURE TO GOVERN SENATE

24

1.  The Rules of Parliamentary Practice comprised in Mason's

25

Manual of Legislative Procedure shall govern the Senate in all

26

cases to which they are applicable, and in which they are not

27

inconsistent with the Standing Rules, Prior Decisions and Orders

28

of the Senate.

29

XXVII QUORUM

30

Majority Constitutes a Quorum

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1

1.  A majority of Senators elected shall constitute a quorum,

2

but a smaller number may adjourn from day to day, and compel the

3

attendance of absent members. (Const. Art. 2, Sec. 10)

4

When Less than a Quorum is Present

5

2.  When, upon a call, which may be demanded by not less than

6

four Senators, it is found that less than a quorum is present,

7

it shall be the duty of the presiding officer to order the doors

8

of the Senate to be closed, and to direct the clerk to call the

9

roll of the Senate and note the absentees after which the names

10

of the absentees shall be again called. A Senator whose absence

11

is not excused, or an insufficient excuse is made, may by order

12

of a majority of the Senators present be sent for and taken into

13

custody by the Sergeant-at-Arms, or assistant sergeants-at-arms

14

appointed for the purpose. Any unexcused Senator shall be

15

brought before the bar of the Senate, where, unless excused by a

16

majority of the Senators present, shall be publicly reprimanded

17

by the presiding officer for neglect of duty.

18

When Less than a Quorum Vote But Present

19

3.  When less than a quorum vote upon any subject under the

20

consideration of the Senate, not less than four Senators may

21

demand a call of the Senate, when it shall be the duty of the

22

presiding officer to order the doors of the Senate to be closed

23

and the roll of the Senators to be called. If it is ascertained

24

that a quorum is present, either by answering to their names, or

25

by their presence in the Senate, the presiding officer shall

26

again order the yeas and nays; and, if any Senator present

27

refuses to vote, the name or names of such Senator shall be

28

entered on the Journal as "Present but not voting." Such refusal

29

to vote shall be deemed a contempt; and, unless purged, the

30

presiding officer shall direct the Sergeant-at-Arms to bring the

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1

Senator before the bar of the Senate, where the Senator shall be

2

publicly reprimanded by the presiding officer.

3

XXVIII EXECUTIVE NOMINATIONS

4

Presentation and Reference

5

1.  All nominations by the Governor or the Attorney General

6

shall be submitted to the Secretary-Parliamentarian of the

7

Senate. All nominees shall file the financial statements

8

required pursuant to 65 Pa.C.S. Ch. 11 (relating to ethics

9

standards and financial disclosure) with the Secretary-

10

Parliamentarian of the Senate. Copies of the nominations and

11

financial statements shall be furnished by the Secretary-

12

Parliamentarian of the Senate to the Majority and Minority

13

Caucus Secretaries or their designees.

14

2.  Nominations shall, after being read, without a motion, be

15

referred by the presiding officer to the Committee on Rules and

16

Executive Nominations. After having been reported by the

17

committee, the final question on every nomination shall be:

18

"Will the Senate advise and consent to this nomination?"

19

3.  The Chair of the Committee on Rules and Executive

20

Nominations shall designate an appropriate standing committee of

21

the Senate to conduct a public hearing for nominees that have

22

Statewide jurisdiction and to which salaries are attached. The

23

Committee on Rules and Executive Nominations shall refer those

24

nominees to the designated committee for the purpose of holding

25

a public hearing to scrutinize the qualifications of nominees

26

and to report back its recommendations. Public hearings may be

27

held for nominees for any other office.

28

Information Concerning Nominations

29

4.  All information, communication or remarks made by a

30

Senator when acting upon nominations in committee, concerning

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1

the character or qualifications of the person nominated, may be

2

kept confidential. If, however, charges shall be made against a

3

person nominated, the committee may, in its discretion, notify

4

the nominee, but the name of the person making such charges

5

shall not be disclosed.

6

Consideration

7

5.  When the consideration of executive nominations is

8

reached in the order of business, a Senator may make a motion to

9

go into executive session for the purpose of confirming the

10

nominations which have been reported from committee; and on the

11

motion being agreed to, the nomination or nominations shall be

12

considered until finally disposed of, unless the same shall be

13

postponed by a majority of the Senate.

14

Executive Session

15

6.  When in executive session, no communication shall be

16

received from the Governor, unless it be relative to the

17

nomination under consideration, nor from the House of

18

Representatives, nor shall any other business.

19

Reconsideration

20

7.  When a nomination is confirmed or rejected by the Senate,

21

any Senator may move for a reconsideration on the same day on

22

which the vote was taken, or on either of the next two days of

23

voting session of the Senate; but if a notification of the

24

confirmation or rejection of a nomination shall have been sent

25

to the Governor before the expiration of the time within which a

26

motion to reconsider may be made, the motion to reconsider shall

27

be accompanied by a motion to request the Governor to return

28

such notification to the Senate. A motion to reconsider the vote

29

on a nomination may be laid on the table without prejudice to

30

the nomination.

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1

XXIX RESOLUTIONS

2

Introduction

3

1.  All resolutions, Senate and concurrent, shall be

4

introduced by presenting four copies of the Resolution, with the

5

sponsor identified, to the presiding officer.

6

Consideration

7

2.  The following resolutions, after being read, shall be

8

referred to an appropriate committee without debate unless by

9

unanimous consent the Senate shall otherwise direct and, if

10

favorably reported by the committee, shall lie over one day for

11

consideration, after which they may be called up as, of course,

12

under their appropriate order of business:

13

(a)  All Senate and House concurrent resolutions, excepting

14

resolutions in reference to adjournment sine die, recesses and

15

those recalling bills from the Governor, which shall be regarded

16

as privileged.

17

(b)  Resolutions containing calls for information from the

18

heads of departments, or to alter the Rules.

19

(c)  Resolutions giving rise to debate, except those that

20

relate to the disposition of matters immediately before the

21

Senate, those that relate to the business of the day on which

22

they were offered, and those that relate to adjournment sine die

23

or a recess.

24

Printing in Senate History

25

3.  Congratulatory and condolence resolutions shall be given

26

to the Secretary-Parliamentarian and shall be considered under

27

the order of unfinished business in the daily order of business.

28

4.  All resolutions shall be adopted by a majority vote of

29

the Senators present except as specifically provided for in

30

these Rules.

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1

Joint Resolutions

2

5.  Joint Resolutions shall be limited to constitutional

3

amendments and shall be adopted by a vote of a majority of the

4

Senators elected to the Senate;

5

A joint resolution when passed by both Houses shall not be

6

transmitted to the Governor for approval or disapproval but

7

shall be filed in the Office of the Secretary of the

8

Commonwealth in accordance with Article XI, Section 1 of the

9

Constitution of Pennsylvania.

10

XXX GENERAL ACCESS TO THE SENATE FLOOR PROHIBITED

11

1.  The Secretary-Parliamentarian of the Senate shall cause

12

the doors to the Senate Floor to be closed to all persons except

13

those who are entitled to access under the Rules of the Senate.

14

On days when the Senate is not in session, access to the Senate

15

Floor by any person not connected with the Senate is prohibited.

16

Other than the Senator, no person shall be permitted to occupy

17

the seat of a Senator at any time.

18

XXXI VETO

19

Passing over Veto

20

1.  When any bill is not approved by the Governor, he shall

21

return it with his objection to the House in which such bill

22

originated. Thereupon such House shall enter the objections upon

23

their Journal and proceed to reconsider it. If after such

24

reconsideration, two-thirds of all the Members elected to that

25

House shall agree to pass the bill, it shall be sent with the

26

objections to the other House by which likewise it shall be

27

reconsidered, and, if approved by two-thirds of all the members

28

elected to that House, it shall become a law. (Const. Art. 4,

29

Sec. 15)

30

2.  A bill vetoed in a first regular session and not finally

- 47 -

 


1

acted upon may be brought up for consideration in a second

2

regular session.

3

XXXII DIVISION OF A QUESTION

4

1.  Any Senator may call for a division of a question by the

5

Senate if the question includes points so distinct and separate

6

that, one of them being taken away, the other will stand as a

7

complete proposition. The motion to strike out and insert is

8

indivisible.

9

XXXIII COORDINATION WITH OTHER SENATE RULES

10

1.  Any use of Senate resources or time shall be governed by

11

the Financial Operating Rules and the Ethical Conduct Rules of

12

the Senate.

13

XXXIV COMMITTEE ON ETHICS

14

1.  In addition to the committees created by Rule XV, there

15

shall be a Senate Committee on Ethics which shall be composed of

16

six members appointed by the President Pro Tempore. Three

17

members shall be of the Majority Party and three members shall

18

be of the Minority Party. The Minority Party members will be

19

appointed on the recommendation of the Minority Leader.

20

2.  The Senate Committee on Ethics shall be organized as

21

follows:

22

(a)  The President Pro Tempore shall appoint one of the

23

Majority Party members as Chair and, on the recommendation of

24

the Minority Leader, one of the Minority Party members as Vice-

25

Chair. A quorum for this committee shall be four members and the

26

committee shall have such duties, powers, procedure and

27

jurisdiction as are prescribed and authorized in this Rule.

28

(b)  The chair shall notify all members of the committee at

29

least 24 hours in advance of the date, time and place of a

30

meeting. Whenever the chair shall refuse to call a meeting, a

- 48 -

 


1

majority of the committee may call a meeting by giving two days'

2

written notice to the Majority Leader and the Minority Leader of

3

the Senate setting forth the time and place for such meeting. A

4

meeting commenced in this manner shall be held at the time and

5

place specified in the notice.

6

(c)  Except as provided in section 10 of this Rule, all

7

meetings of the committee shall be open to the public and notice

8

of such meetings shall be given as generally provided in these

9

rules for the convening of committees.

10

(d)  The committee may adopt rules of procedure for the

11

orderly conduct of its affairs, investigations, hearings and

12

meetings, which rules are not inconsistent with this Rule.

13

3.  The committee shall receive complaints against any

14

Senator alleging unethical conduct in violation of a Senate

15

Rule, statute or constitutional provision governing the ethical

16

conduct of a Senator. Any complaint filed with the committee

17

shall be submitted in writing; be sworn or affirmed by the

18

person filing the complaint and shall detail the alleged

19

unethical conduct in question and specify the Rule, statute or

20

constitutional provision allegedly violated.

21

4.  Upon receipt of a complaint that conforms with all the

22

requirements of this Rule, the Senate Committee on Ethics shall

23

review the complaint and determine whether or not a preliminary

24

investigation is warranted within 30 days of receiving the

25

complaint. For good cause, a majority of the members of the

26

committee may vote to grant an additional 30 days to complete

27

the committee's review. A frivolous or de minimis complaint may

28

be dismissed by a majority of the members of the committee, with

29

prejudice. The chair shall notify the complainant and the

30

subject Senator of the disposition of a dismissed complaint.

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1

5.  If it is determined by a majority of the members of the

2

Senate Committee on Ethics that an ethical conduct violation may

3

have occurred, the Senator against whom the complaint has been

4

brought shall be notified in writing and given a copy of the

5

complaint. Within 15 days after receipt of the complaint, the

6

Senator may file a written answer to the complaint with the

7

committee. If no answer is filed, the complaint shall be deemed

8

denied by the subject Senator. The lack of an answer shall not

9

be deemed to be an admission or create an inference or

10

presumption that the complaint is true. The lack of an answer

11

shall not prohibit a majority of the members of the committee

12

from either proceeding with a formal investigation or dismissing

13

the complaint.

14

6.  The committee shall have 30 days from the date that

15

receipt of the answer to the complaint is to be provided to

16

complete its preliminary investigation. For good cause, a

17

majority of the members of the committee may vote to grant an

18

additional 30 days to complete the committee's review. The

19

committee may employ an independent counsel to conduct a

20

preliminary investigation. Upon conclusion of the preliminary

21

investigation, by vote of a majority of the members of the

22

committee, the committee shall determine whether to proceed with

23

a formal investigation, which may include hearings. In the event

24

that the committee vote is equally divided, the question falls.

25

If the committee does not decide to proceed to a formal

26

investigation, the Chair shall notify the complainant and the

27

subject Senator of the disposition of the complaint and shall

28

summarize the committee's rationale for its conclusion.

29

7.  Prior to the commencement of a formal investigation, the

30

fact that a preliminary investigation is being conducted or is

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1

to be conducted shall be confidential information. If, however,

2

the filing of a complaint or a preliminary investigation is made

3

public by the complainant, the committee may publicly confirm

4

the receipt of a complaint.

5

8.  When an indictment is returned against a member of the

6

Senate, and the gravamen of the indictment is directly related

7

to the ethical conduct of a Senator in violation of a Senate

8

Rule, statute or constitutional provision governing the ethical

9

conduct of a Senator, the Senate Ethics Committee shall not

10

initiate any new investigation, and shall suspend any ongoing

11

investigation, initiated pursuant to this Rule until the subject

12

matter of the indictment that relates to the Senator's alleged

13

unethical conduct is resolved.

14

9.  In addition to action on formal complaints as provided in

15

section 3, a majority of the members of the Senate Committee on

16

Ethics may initiate a preliminary investigation of suspected

17

unethical conduct in violation of a Senate Rule, statute or

18

constitutional provision governing the ethical conduct of a

19

Senator. If it is determined by a majority of the members of the

20

committee that a violation may have occurred, the Senator in

21

question shall be notified in writing of the alleged unethical

22

conduct in question and the Rule, statute or constitutional

23

provision allegedly violated. Within 15 days of the receipt of

24

this information, the Senator may file a written answer with the

25

committee. The lack of an answer shall not be deemed to be an

26

admission or create an inference or presumption that the

27

complaint is true. The lack of an answer shall not prohibit a

28

majority of the members of the committee from either proceeding

29

with a formal investigation or dismissing the complaint. The

30

committee shall have 30 days from the date that receipt of the

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1

answer to the complaint is to be provided to complete its

2

preliminary investigation. For good cause, a majority of the

3

members of the committee may vote to grant an additional 30 days

4

to complete the committee's review. Upon conclusion of the

5

preliminary investigation, by vote of a majority of the members

6

of the committee, the committee shall determine whether to

7

proceed with a formal investigation, which may include hearings.

8

In the event that the committee vote is equally divided, the

9

question falls.

10

10.  The committee shall conduct its preliminary

11

investigations, hearings and meetings related to a specific

12

investigation or a specific Senator in closed session unless the

13

Senator subject to investigation advises the committee in

14

writing that he or she wants such meetings or hearings to be

15

held publicly. In the event that the Senator in question makes

16

such a request, the committee shall furnish the Senator with a

17

public meeting or hearing.

18

11.  In the event that the Senate Committee on Ethics shall

19

elect to proceed with a formal investigation of alleged

20

unethical conduct by a Senator, the committee may employ an

21

independent counsel to conduct a formal investigation. The

22

committee and any independent counsel employed by the committee

23

shall comply with the following procedural requirements at all

24

stages of the investigation:

25

(a)  The Chair of the Senate Committee on Ethics may continue

26

any hearing for reasonable cause. Upon the vote of a majority of

27

the members of the committee, or upon the request of the Senator

28

subject to investigation, the Chair shall issue subpoenas for

29

the attendance and testimony of witnesses and the production of

30

documentary evidence relating to any matter under formal

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1

investigation by the committee. The Chair of the committee may

2

administer oaths or affirmations, examine and receive evidence,

3

or rule on any objections raised during the course of a hearing. 

4

(b)  All testimony, documents, records, data, statements or

5

information received by the committee in the course of any

6

preliminary or formal investigation shall be private and

7

confidential except in the case of public meetings or hearings

8

or in a report to the Senate.

9

(c)  All constitutional rights of any Senator under

10

investigation shall be preserved, and the Senator shall be

11

entitled to present evidence, cross-examine witnesses, face the

12

accuser and be represented by counsel.

13

(d)  An oath or affirmation shall be executed in writing

14

before any member of the committee, any independent counsel

15

employed by the committee to conduct a preliminary or formal

16

investigation, or any employee of the Senate related to the

17

investigation may have access to information that is

18

confidential under the rules of the committee as follows:

19

"I do solemnly swear or affirm that I will not disclose,

20

to any person or entity outside of the Senate Ethics

21

Committee, any information received in the course of my

22

service with the committee, except as authorized by the

23

committee or in accordance with the Rules of the Senate." 

24

Copies of the executed oath or affirmation shall be provided to

25

the Secretary-Parliamentarian of the Senate as part of the

26

records of the Senate. Any Senator or other person who violates

27

the confidentiality requirements of this section shall be

28

removed immediately from the committee and replaced by another

29

Senator, counsel or employee of the Senate appointed in like

30

manner as the person's original appointment or selection.

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1

12.  No report regarding unethical conduct by a Senator shall

2

be made to the Senate unless a majority of the members of the

3

Senate Ethics Committee determine that a finding of unethical

4

conduct in violation of a Senate Rule, statute or constitutional

5

provision governing the ethical conduct of a Senator has

6

occurred. No finding of unethical conduct by a Senator in

7

violation of a Senate Rule, statute or constitutional provision

8

governing the ethical conduct of a Senator adopted by the Senate

9

Committee on Ethics shall be valid unless signed by at least a

10

majority of the members of the committee. Any such report may

11

include a minority report. A report adopted by the committee

12

that contains findings of unethical conduct by a Senator in

13

violation of a Senate Rule, statute or constitutional provision

14

governing the ethical conduct of a Senator shall not be filed

15

with the Secretary-Parliamentarian of the Senate or released to

16

the public until at least seven days after a copy of the report

17

is sent by certified mail to the Senator under investigation.

18

13.  After the expiration of the seven-day notice requirement

19

contained in section 12, the Senate Ethics Committee shall file

20

its report with the Secretary-Parliamentarian of the Senate, who

21

shall cause a copy of the report of the committee to be

22

distributed to the members of the Senate. The report of the

23

Senate Ethics Committee shall be placed on the Senate Calendar

24

and shall be acted on by the Senate within ten legislative days

25

of the adoption of a temporary rule setting forth rules of

26

procedure for the orderly disposition of the report by the full

27

Senate. A vote by a majority of the members elected to the

28

Senate shall be necessary to adopt each finding set forth in the

29

Ethics Committee Report.

30

14.  Should the full Senate vote to adopt an unethical

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1

conduct finding against a Senator as set forth in the Ethics

2

Committee Report, that Senator may be subject to sanction by the

3

full Senate. A sanction may include any of the following

4

depending on the circumstances of the violation: a warning; a

5

written reprimand; restitution for damages or any other sanction

6

provided for under the Rules of the Senate of Pennsylvania or

7

the Constitution of Pennsylvania.

8

15.  The Senate Committee on Ethics, at the request of a

9

Senator or officer who has an ethical question or concern

10

regarding the Senate Rules individually or in conjunction with

11

others, may issue an advisory opinion seeking to clarify the

12

ethical requirements of the Senate Rules. These advisory

13

opinions, with such deletions and changes as shall be necessary

14

to protect the identity of the persons involved or seeking them,

15

may be published and shall be distributed to all members,

16

officers and employees of the Senate. No action regarding

17

unethical conduct may be taken against a Senator, officer or

18

employee, who has relied on a written advisory opinion, whether

19

directly addressed to that person or not, which is reasonably

20

construed as being applicable to the unethical conduct in

21

question.

22

16.  In the event that a member of the Senate Ethics

23

Committee shall be under investigation, that Senator shall be

24

temporarily replaced on the committee in a like manner as the

25

Senator's original appointment.

26

17.  Whenever the committee shall employ independent counsel

27

to conduct a preliminary or formal investigation or shall incur

28

other expenses pursuant to its duties under this rule, payment

29

of costs of such independent counsel or other expenses incurred

30

by the committee pursuant to this Rule shall be paid by the

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1

Chief Clerk upon submission of vouchers and necessary

2

documentation. The vouchers shall be signed by both the chair

3

and vice-chair of the committee. Included in such allowable

4

expense items shall be travel and per diem for the members of

5

the committee. The Chief Clerk shall pay such expenses out of

6

funds appropriated to the Chief Clerk for incidental expenses.

7

XXXV STATUS OF MEMBERS INDICTED OR CONVICTED

8

OF A CRIME

9

1.  When an indictment is returned against a member of the

10

Senate, and the gravamen of the indictment is directly related

11

to the Senator's conduct as a committee chair, ranking minority

12

committee member or in a position of leadership, the Senator

13

shall be relieved of such committee chairmanship, ranking

14

minority committee member status, or leadership position until

15

the indictment is disposed of, but the member shall otherwise

16

continue to function as a Senator, including voting, and shall

17

continue to be paid.

18

2.  If, during the same legislative session, the indictment

19

is quashed, or the court finds that the Senator is not guilty of

20

the offense alleged, the Senator shall immediately be restored

21

to the committee chairmanship, ranking minority committee member

22

status, or leadership position retroactively from which that

23

Senator was suspended.

24

3.  Upon a finding or verdict of guilt by a judge or jury, a

25

plea or admission of guilt or plea of nolo contendere of a crime

26

by a member of the Senate, the gravamen of which relates to the

27

member's conduct as a Senator, and upon imposition of sentence,

28

the Secretary-Parliamentarian of the Senate shall prepare a

29

resolution of expulsion under session.

30

XXXVI STATUS OF OFFICERS OR EMPLOYEES INDICTED

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1

OR CONVICTED OF A CRIME

2

1.  Whenever any officer or employee of the Senate is

3

indicted or otherwise charged before a court of record with the

4

commission of a felony or a misdemeanor, the gravamen of which

5

relates to the officer's or employee's conduct or status as an

6

officer or employee of the Commonwealth or the disposition of

7

public funds, such employee shall immediately be suspended

8

without pay and benefits by the Chief Clerk. After a finding or

9

a verdict of guilt by a judge or a jury, plea or admission of

10

guilt, or plea of nolo contendere, and upon imposition of

11

sentence, the employment shall be terminated.

12

2.  If the indictment is quashed, or the court finds that the

13

officer or employee is not guilty of the offense alleged, the

14

suspension without pay shall be terminated, and the officer or

15

employee shall receive compensation for the period of time

16

during which the officer or employee was suspended which

17

compensation shall be reduced by the amount of any compensation

18

said officer or employee earned from other employment during the

19

period of suspension.

20

3.  If the officer or employee or the supervising Senator of

21

such employee disagrees with the decision of the Chief Clerk as

22

to whether an indictment for particular conduct shall be a crime

23

requiring suspension or dismissal, the officer or employee in

24

question or the supervising Senator may appeal the suspension to

25

the Committee on Ethics, which shall determine whether the

26

conduct charged is an offense requiring suspension. Whenever an

27

appeal of a suspension shall be taken to the committee, the

28

suspension shall remain effective pending a decision by the

29

committee.

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