A. SYNOPSIS: This
Resolution reflects the recommendations for the adoption of permanent House
Rules for the 2007-2008 legislative session from the Speaker’s Commission on
Legislative Reform. B. SUMMARY OF THE RESOLUTION: Rule 3 (Order and Decorum) is
amended to give Legislative Security the primary jurisdiction to enforce order
and decorum on the floor of the House at the Speakers direction. Legislative Security may summon the State Police
for assistance if needed. Currently,
under Rule 3, the Speaker has the right to summon the State Police to enforce
order and decorum on the floor of the House and the Sergeant-at-Arms alone, at
the discretion of the Speaker, is responsible for maintaining order on the
floor and adjoining rooms while the House is in session. Rule 9(a) (Smoking) is
amended to prohibit smoking in all interior areas of the Capitol Complex under
the control of the House of Representatives.
Currently, Rule 9(a) only prohibits smoking in the Hall of the House. Rule 14 (Member’s and
Employees Expenses) is amended to prohibit members, nonmember officers and
employees from receiving per diem expenses or reimbursement for other allowable
expenses unless request for payment is made within 90 days of the travel,
service or other allowable expense for which reimbursement is sought. Currently, there is no time frame in which a
request for per diem or reimbursement must be made in order to receive payment. Further, Rule 14 is amended
to prohibit members from creating a “legislative nonprofit organization”. A “legislative nonprofit organization” is
defined as a nonprofit corporation whose primary purpose is to receive funds
under the General Appropriations Act or another appropriations act at the
discretion or by reason of the influence of the member for the use at the
direction or discretion of the member.
Currently, no such restriction exists.
Finally, Rule 14 is amended to prohibit reimbursements for public
service announcements or telemarketing activities within 60 days of a primary
elections or general elections in even-numbered years. Currently, this rule only applies to mass
mailings. Rule 14(a) (Employee Payroll
Information) is a new rule which requires the Chief Clerk to make available by February
1st of each year a list of every employee who worked for the House
of Representatives during the past 12 months.
Such list shall include the employee’s full name, job title, work
address, name of immediate supervisor and the employee’s payroll wage
information for the preceding calendar year.
Rule 14(a) (Electronic
Availability of Records) is a new Rule which requires the Chief Clerk to provide
expense reports electronically upon request.
Rule 15 (Time of Meeting) is amended to prohibit the House from starting
session before 8:00 am or ending session after 11:00 pm unless exigent
circumstances exist, as determined by a super-majority of the House (3/4 of the
members elected to the House). Current
rules do not provide for any time limitations. Rule 18 (Introduction and
Printing of Bills) is amended to require every bill to be posted on the
Internet with a hyperlink to the web page for the members of the House of
Representatives. Rule 19(a) (Fiscal Notes) is
amended to prohibit bills from receiving third consideration until they have
received a fiscal note. Under the current rules bills may not receive second
consideration until they have a fiscal note.
The rule is all also amended to
require fiscal notes to identify, if any, the General Fund, Special Fund or
other account out of which expenditures or losses of the Commonwealth will
occur as a result of the bill. Finally,
this rule is amended to require the chief clerk to forward all timely filed
amendments and certificates to the Appropriations Committee. Upon receipt of an amendment, the
Appropriations committee is required to automatically prepare a fiscal note. Currently, members are responsible for
requesting fiscal notes. Rule 19(b) (General
Appropriation Bill and Non-Preferred
Bills) is amended to require the chief clerk to forward all timely filed
general appropriation bill and non-preferred bill amendments and certificates
to the Appropriations Committee. Upon
receipt of an amendment, the Appropriations committee is required to
automatically prepare a fiscal note.
Currently, members are responsible for requesting fiscal notes. Rule 21 (Consideration of
Bills) is amended to require notice of a bill’s scheduled consideration and
time deadline for the timely filing of amendments relative to both second and
third consideration. Further, the rule
is amended to allow a member whose amendment is ruled out of order due to a
gut-and-replace amendment to provide notice to the Speaker that the Member
intends to file a replacement amendment which does not substantially differ
from the intent of the original amendment.
The rule prohibits consideration of the bill until the replacement
amendment becomes available. Further,
this rule is amended to provide 24-hour notice of a bill to be considered on
concurrence in Senate amendments. Finally the rule is amended to require a brief description of every
bill on concurrence prior to a vote. Rule 24 (Third Consideration
and Final Passage Bills) is amended to require a period of 24 hours to pass
from the time a bill is last amended until it can receive action on final
passage. Also the rule is amended to
require a brief description to be read prior to receiving action on final
passage. Rule 27 (Amendments) is
amended to uniformly require the sponsor of an amendment to explain an
amendment prior to consideration by the House. Rule 30 (Bills amended by the
Senate) is amended to prohibit the Rules Committee from amending a bill
returned from the Senate, except that the Committee may revert to the print
number of the bill as it last left the House.
Further the rule is amended to permit any two Members of the House,
prior to a vote, to object to the reporting of a bill or joint resolution as
amended when such bill or joint resolution is not allowed to be amended. When such report is rejected by the House,
the bill or joint resolution shall be considered to have been reported as
committed. Currently the House Rules
Committee can amend any concurrence bill returned from the Senate without
restriction. Rule 38 (Sine Die and Final
Introduction Bills) is amended to prohibit invoking Rule 77 (suspension) to
suspend either Rule 21 (Consideration of Bills) or Rule 38. Currently, the notice provisions in Rule 21
can be suspended under Rule 77 during any part of the legislative session. Rule 45 (Powers and Duties of
Standing Committees and Subcommittees) is amended to prohibit the
Appropriations Committee from amending a bill which has been reported from
another committee, unless such amendment concerns appropriations. Rule 46 (Committee on Rules)
is amended to prohibit the Rules Committee from amending any bill or joint
resolution unless expressly provided in either Rule 30 (Bills Amended by the
Senate) or this Rule. Rule 47(a) (Status of Members
Indicted or Convicted of a Crime) is a new rule which provides for sanctions
against Members of Leadership and Committee Chairs by stripping such Leader or
Committee Chair of his or her status when an indictment is related to the
Member’s Leadership or Chair position, or is one which would render the Member
ineligible to the House of Representatives under Article II, Section 7 of the
PA Constitution. Where the indictment
is quashed or the Member is found not guilty, the Member shall be restored
retroactively. The rule also provides for
sanctions against any Member by preparing a resolution of expulsion from the
Chair and Vice Chair of the House Ethics Committee when a Member is found
guilty by judge or jury, or by reason of a plea of nolo contender of a crime
that is related to the Member’s conduct as a Representative or which would
render the Member ineligible to the House of Representatives under Article II,
Section 7 of the PA Constitution. Rule 47(b) (Status of
Officers of Employees Indicted or Convicted of a Crime) is a new rule which
provides for sanctions against officers or employees of the House by suspending
without pay any such person who is indicted or otherwise charged before a court
of record with a felony or misdemeanor which related to the officer’s or
employee’s conduct or status as an officer or employee. Upon a guilty verdict by a judge or jury, or
by a plea of nolo contender, the officer or employee would be terminated. Upon an indictment being quashed or a
finding of not guilty, the suspension shall be terminated, and the officer or
employee shall receive compensation roe the time on suspension, minus any
compensation earned from other employment during such suspension time. The Rule permits an officer or employee or
an employee’s supervising Member to appeal the decision of the Chief Clerk as
to whether an indictment for particular conduct requires suspension or
dismissal to the Ethics Committee. Rule 49 (Committee Action) is amended to
require all committee votes on bills reported out of committee to be posted on
the Internet as soon thereafter as practicable. Rule 50 (Public Hearings) is
amended to require all committee hearing written testimony received or
transcribed to be posted on the Internet as soon thereafter as practicable. Rule 56 (Adjourn) is amended
to make a motion to adjourn or recess a debatable motion. Currently a motion to adjourn is not
debatable. Rule 59 (Lay on the Table) is
amended to make a motion to lay on the table a debatable motion. Currently, amotion to lay on the table is
not debatable. Further the rule is amended
to provide that the passage of a motion to table an amendment also operates to
table the underlying bill or resolution and all other amendments drawn thereto.
Currently, a successful motion to table
an amendment only tables the amendment subject to the motion. Rule 60 (Motion to Take from
the Table) is amended to make a motion to take from the table a debatable
motion. Currently, a motion to take
from the table is not debatable. Rule 66 (Electric Roll Call)
is mended to require the Chief Clerk to post all votes made by electric roll
call on the Internet no later than the close of business on the day they are
made. The rule is also amended to permit the prime sponsor of a bill, the
Majority Leader or Minority Leader or Member designated on their behalf, to
request that a roll call remain open for the maximum time allowed under the
rule, and under such roll call, requires a Member to be at his or her regularly
assigned seat. Rule 77 (Suspending and
Changing Rules) is amended to recognize that other rules may require a rules
suspension by a differing number than two-thirds. Further the rule is amended to
permit a motion to suspend to be debated by the maker of the motion, the
Majority Leader, the Minority Leader, the maker of the amendment under
consideration and the maker of the bill under consideration. Rule 78 (Parliamentary
Authority) is amended to acknowledge Mason’s Manual as the primary supplement
to the House Rules, followed by Jefferson’s Manual. Rule 79 (Bipartisan
Management Committee) is a new rule which provides for a general grant of
authority to the Bipartisan Management Committee to adopt rules and regulations
for the administration of the Rules in a manner consistent with its powers and
duties under Act 417 of 1968 (Legislative Officers and Employees Law). The following rules are only
amended in order to make the rules gender neutral: Rule
1: Speaker Presiding Rule 4:
Questions of Order Rule 7: Oath
to Employees Rule 10: Debate Rule 11: Interruption of a Member who Has the Floor Rule 12: Personal Privilege Rule 13: Transgression of the House Rules Rule 22: First Consideration Bills Rule 31: Bills Vetoed by the Governor Rule 32: Hospital and Home Appropriations of Acquiring
Lands of the Commonwealth Rule 39: Petitions, Remonstrances, and Memorials Rule 42: Committee of the Whole Rule 43: Standing Committees and Subcommittees Rule 44: Organization of Standing Committees and
Subcommittees Rule
47: Ethics Committee Rule 51: Investigations Rule 57: Call of the House Rule 62: Call for Yeas and Nays: Reasons for Vote Rule 64: Members Required to be Present and Vote Rule 68: Changing Vote Rule 73: Correspondents There are no changes to the
following rules: Rule
2: Taking the Chair Rule 5: Conference and Select Committee Appointments Rule 6: Signature of the Speaker Rule 8: Supervision of the Hall of the House Rule 9: Decorum Rule 16: Quorum Rule 17: Order of Business Rule 19: Bills Referred to Committee Rule 20: Bills Confined to One Subject Rule 25: Defeated Bills Rule 23: Second consideration Bills Rule 26: Reconsideration Rule 28: Bills Amending Existing Law Rule 29: Form for Printing Amendments Rule 33: Special Legislation Rule 34: Non-preferred Appropriations Rule 35: House and Concurrent Resolutions Rule 36: Privileged Resolutions Rule 37: Legislative Citation Rule 40: Messages Rule 41: Kind and Rank of Committee Rule 48: Conference Committee Rule 52: Possession of Bills by Committee Rule 53: Discharge of Committees Rule 54: Presentation and Withdrawal of Motions Rule 55: Privileged Motions Rule 58: Persons Admitted Under a Call of the House Rule 61: Previous Question Rule 63: Division of a Question Rule 64(a): Chronic Absenteeism Rule 65: Members Having Private Interest Rule 65(a): Professionals-Legislators Rule 65(b): Financial Interests in Gaming Entities Rule 67: Verification and Challenge Rule 69: Journal
Rule 70: History of House Bills and House Resolutions Rule 71: House Calendar Rule 72: Journal, Transcribing and Documents Rooms Rule 74: Visitors Rule 75: Lobbyists Rule 76: Soliciting Prohibited C. SUMMARY
OF RELEVANT EXISTING LAW: See (B) above. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
