Providing for the Rules of the Senate for the 195th and 196th Regular Session.
RESOLVED, That Senate Resolution No. 1, Printer's No. 1 (2011), Senate Resolution No. 4, Printer's No. 4 (2011) and Senate Resolution No. 45, Printer's No. 658 (2011) be repealed effective September 1, 2011. RESOLVED, That the following be adopted as the Rules of the Senate for the governing of the 195th and 196th Regular Session.1. The General Assembly shall be a continuing body during the term for which its Representatives are elected. It shall meet at twelve o'clock noon on the first Tuesday of January each year. Special sessions shall be called by the Governor on petition of a majority of the Members elected to each House or may be called by the Governor whenever in his opinion the public interest requires. (Const. Art. 2, Sec. 4)
2. The Senate shall convene its weekly sessions on Monday, unless the Senate shall otherwise direct.
The Lieutenant Governor shall be President of the Senate. (Const. Art. 4, Sec. 4)
1. The President shall:
(a) Take the chair on every legislative day at the hour to which the Senate stands recessed, immediately call the Senators to order, and proceed with the Order of Business of the Senate.
(b) While in session have general direction of the Senate Chamber. It shall be the President's duty to preserve order and decorum, and, in case of disturbance or disorderly conduct in the Chamber or galleries, may cause the same to be cleared. When in the President's opinion there arises a case of extreme disturbance or emergency the President shall, with the concurrence of the President Pro Tempore, the Majority and Minority Leaders, recess the Senate. Such recess shall not extend beyond the limitation imposed by Article 2, Section 14 of the Constitution.
(c) During debate, prevent personal references or questions as to motive, and confine Senators, in debate, to the question.
(d) Decide, when two or more Senators arise, who shall be first to speak.
(e) In the presence of the Senate, within one legislative day after receipt or adoption, sign all bills and joint resolutions which have passed both Houses after their titles have been read.
(f) Sign resolutions, orders, writs, warrants and subpoenas issued by order of the Senate. The signature shall be attested by the Secretary-Parliamentarian of the Senate, or, if absent, by the Chief Clerk; and the fact of signing shall be entered in the Journal.
(g) Decide all points of order, subject to appeal, giving, however, any Member called to order the right to extenuate or justify. Debate shall not be permitted unless there be an appeal from a decision of the President in which event the President shall submit the question to the whole Senate for decision. The President shall submit points of order involving the constitutionality of any matter to the Senate for decision. Questions of order submitted to the Senate may be debated.
1. (a) The Senate shall, at the beginning and close of each regular session and at such other times as may be necessary, elect one of its Members President Pro Tempore, who shall perform the duties of the Lieutenant Governor in any case of absence or disability of that officer, and whenever the office of Lieutenant Governor shall be vacant. (Const. Art. 2, Sec. 9)
(b) The vote of a majority of the Members voting shall be required to elect a President Pro Tempore. Except at the beginning and close of each regular session, the Senate shall only elect a President Pro Tempore when the office has become vacant and the vote of the majority of the Members elected shall be required to vacate the office of a seated President Pro Tempore.
1. The President Pro Tempore shall:
(a) Appoint the Chair, Vice-Chair and members of the Standing Committees of the Senate as soon after the election of the President Pro Tempore as possible.
(b) Appoint members to special committees whenever authorized.
(c) Fill all vacancies occurring in standing and special committees.
(d) Refer to the appropriate standing committee, every bill and joint resolution which may be introduced in the Senate or received from the House of Representatives.
(e) Appoint and have under the President Pro Tempore's direction such Senate employees as are authorized by law.
(f) Vote last on all questions when occupying the Chair.
2. The President Pro Tempore may:
(a) Name any Senator to preside in the absence of the President, or if both the President and President Pro Tempore are absent the Majority Leader, or the Majority Leader's designee, shall preside. The Majority Leader, during such time, shall be vested with all powers of the President. This authority shall not extend beyond a day's recess.
1. At the beginning of each regular session convening in an odd-numbered year and at other times as may be necessary, the Senate shall elect a Secretary-Parliamentarian of the Senate.
2. The Secretary-Parliamentarian of the Senate shall:
(a) Assist the presiding officer in conducting the business of the session.
(b) Act in the capacity of Parliamentarian.
3. The Secretary-Parliamentarian of the Senate shall, subject to the direction of the President Pro Tempore:
(a) Direct the following functions: (1) amending bills in the Senate; (2) preparing and publishing the Senate Calendar; (3) publication of the Senate History. (4) numbering Senate bills as they are introduced and causing them to be distributed to the chair of the committee to which they are referred and receiving a receipt for same; (5) printing of bills.
(b) Keep a record of the Senate action on a bill on a special record sheet attached to the bill after it has been reported from committee.
(c) Keep a record of all leaves granted by the Senate by compiling the leave requests submitted by a member and transmitted to the Secretary-Parliamentarian by the respective floor leaders. These records shall be retained only for the duration of the two-year legislative session. Further, these records shall be available for public inspection upon request.
(d) Transmit all bills, joint resolutions, concurrent resolutions and other communications to the House of Representatives within one legislative day of final passage or adoption, and each shall be accompanied by a message stating the title to the measure being transmitted and requesting concurrence of the House, as required.
(e) Attest all writs, warrants and subpoenas issued by order of the Senate; certify as to the passage of Senate Bills and the approval of executive nominations.
(f) Supervise the Senate Library, assist Senators by making reference material available to them and perform any duties assigned to the Senate Librarian by any statute.
(g) Supervise the Chief Sergeant-at-Arms, the Senate Bill Room, the Senate Print Shop, the Official Reporter's Office and the Senate Page Service.
4. The Secretary-Parliamentarian of the Senate shall post each roll call vote taken in the Senate on the Internet website maintained by the Senate immediately, but in no case later than 24 hours after the vote. Each roll call vote shall be posted in a manner which clearly identifies the bill, resolution or other subject of the vote.
5. The Secretary-Parliamentarian of the Senate shall post the Legislative Journal of the Senate on the Internet website maintained by the Senate upon approval of the Journal or within 45 calendar days of each session day, whichever is earlier. If the Secretary-Parliamentarian posts the Legislative Journal on the Internet website prior to Senate approval, the copy shall be marked "Official Reporter's Document."
1. At the beginning of each regular session convening in an odd-numbered year and whenever necessary, the Senate shall elect a Chief Clerk of the Senate.
2. The Chief Clerk shall be the chief fiscal officer of the Senate and shall perform those duties prescribed in section 2.4 of the act of January 10, 1968 (1967 P.L.925, No.417), referred to as the Legislative Officers and Employes Law. In addition, the Chief Clerk, subject to the direction of the President Pro Tempore, shall perform those powers and duties prescribed in the Financial Operating Rules of the Senate. In the absence of the Secretary-Parliamentarian, the Chief Clerk shall, subject to the direction of the President Pro Tempore, attest all writs, warrants and subpoenas issued by order of the Senate and shall certify as to the passage of Senate Bills and the approval of executive nominations.
1. The Chief Sergeant-at-Arms shall:
(a) Be constantly in attendance during the sessions of the Senate except when absent in discharging other duties.
(b) Have charge of and direct the work of the Assistant Sergeants-at-Arms.
(c) Serve all subpoenas and warrants issued by the Senate or any duly authorized officer or committee.
(d) Maintain order, at the direction of the presiding officer, in the Senate Chamber and adjoining rooms.
(e) See that no person, except those authorized to do so, disturbs or interferes with the desk or its contents of any Senator or officer.
(f) Exclude from the floor all persons not entitled to the privilege of the same.
(g) Have charge of all entrances to the Chamber during the sessions of the Senate and shall see that the doors are properly attended.
(h) Announce, upon recognition by the presiding officer, all important communications and committees.
(i) Escort the Senate to all Joint meetings with the mace.
(j) Escort the Senate to attend funeral services of members, former members of the Senate or other dignitaries with the mace.
1. The Order of Business to be observed in taking up business shall be as follows:
| First | - | Call to Order. |
| Second | - | Prayer by the Chaplain and Pledge of Allegiance. |
| Third | - | Reading of Communications. |
| Fourth | - | Receiving reports of committees. |
| 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. |
| Sixth | - | Approval of Journals of preceding session days. |
| Seventh | - | Offering of original resolutions. |
| Eighth | - | Introduction of Guests. |
| 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. |
| Tenth | - | Consideration of Executive Nominations. |
| Eleventh | - | Unfinished Business. Reports of Committees. Unanimous consent resolutions. Congratulatory and condolence resolutions. |
| Twelfth | - | First consideration of bills reported from committee, which, at this time, shall not be subject to amendment, debate or a vote thereon. |
| Thirteenth | - | Announcements by the Secretary-Parliamentarian. |
| Fourteenth | - | Introduction of Petitions and Remonstrances. |
| Fifteenth | - | Recess. |
2. Any subject may, by a vote of a majority of the Members present, be made a special order; and when the time so fixed for its consideration arrives, the presiding officer shall lay it before the Senate.
1. Any Senator who desires to speak or deliver any matter to the Senate shall rise and respectfully address the presiding officer as "Mr. President" or "Madam President," and on being recognized, may address the Senate at a microphone located on the floor of the chamber.
2. Any Senator addressing the Senate shall confine remarks to the question under debate, avoiding personal references or questions as to motive.
3. If any Senator transgresses the Rules of the Senate, in speaking or otherwise, the presiding officer may, or any Senator may through the presiding officer, call that Senator to order.
4. No Senator shall speak more than twice on one question without leave of the Senate.
5. When a Senator is speaking, no other person shall pass between the Senator and the presiding officer.
6. No Senator speaking shall be interrupted except by a call to order, a question of privilege, or a call for the previous question, without the consent of the Senator speaking, and no Senator shall speak on a question after it is put to a vote.
7. The presiding officer shall decide all questions of order, subject to appeal by any member. No debate shall be allowed on questions of order, unless there is an appeal. A second point of order on the same general subject, but not the same point, is not in order while an appeal is pending, but when the first appeal is decided, laid on the table or otherwise disposed of, the second point of order is in order and is subject to appeal. While an appeal is pending, no other business is in order. It is within the discretion of the presiding officer as to whether to vacate the chair on an appeal.
8. A question regularly before the Senate can be interrupted only by a call for the previous question, for amendment, postponement, to lay on the table, commitment, recess or adjournment sine die.
9. No tobacco products, including cigarettes, cigars, pipes and chewing tobacco shall be used in the Senate Chamber or in Senate Committee Rooms.
10. In the Senate Chamber, cell phones and similar portable communication devices shall be set to silent mode.
1. When a motion is made, it shall, before debate, be stated by the presiding officer. Every motion made to the Senate and entertained by the presiding officer shall be entered in the Journal with the name of the Senator making it. A motion may be withdrawn by the Senator making it before amendment, postponement, an order to lay on the table, or decision.
2. Motions shall take precedence in the following order:
1. Adjourn sine die.
2. Recess.
3. Previous question.
4. Recess temporarily within the same session day.
5. Questions of privilege of the Senate.
6. Orders of the day.
7. Lay on the table.
8. Limit, close or extend limit on debate.
9. Postpone.
10. Commit or recommit.
11. Amend.
12. Main motion.
3. Non-debatable motions are:
1. Adjourn sine die.
2. Recess.
3. Recess temporarily within the same session day.
4. Previous question.
5. Lay on table.
6. Orders of the day.
7. Limit, close or extend limit on debate.
4. On the motion to postpone, the question of postponement is open to debate, but the main question is not.
5. The motion to commit or recommit to committee is debatable as to the propriety of the reference, but the main question is not open to debate.
6. The motion to amend is debatable on the amendments only and does not open the main question to debate.
7. All motions except for the previous questions (which shall be moved by not less than four Senators) may be made without a second.
8. (a) A motion to recess shall always be in order, except when on the call for the previous question, the main question shall have been ordered to be now put, or when a Member has the floor and shall be decided without debate.
(b) A motion to recess, adopted and not having a reconvening time, the Senate will meet the following day at 10:00 a.m.
(c) The Senate shall not convene earlier than 8:00 a.m. unless the Senate adopts a motion that sets forth the need to convene earlier than 8:00 a.m.
(d) The Senate shall not recess later than 11:00 p.m. each session day unless the Senate adopts a motion that sets forth the need to recess later than 11:00 p.m.
9. Pending the consideration of any question before the Senate, a Senator may call for the previous question, and if seconded by four Senators, the President shall submit the question: "Shall the main question now be put?" If a majority vote is in favor of it, the main question shall be ordered, the effect of which shall cut off all further amendments and debate, and bring the Senate to a direct vote first upon the pending amendments and motions, if there be any, then upon the main proposition. The previous question may be ordered on any pending amendment or motion before the Senate.
10. The motion to lay on the table is not debatable and the effect of the adoption of this motion is to place on the table the pending question and everything adhering to it. Questions laid on the table remain there for the entire session unless taken up before the session closes.
11. A motion to take from the table, a bill or other subject, is in order under the same order of business in which the matter was tabled. It shall be decided without debate or amendment.
12. When a question has once been made and carried in the affirmative or negative, it shall be in order to move the reconsideration thereof. When the Senate has been equally divided on a question, or a bill shall have failed to pass, by reason of not having received the number of votes required by the Constitution, it shall be in order to move the reconsideration thereof.
Provided, however, that no motion for the reconsideration of any vote shall be in order after a bill, resolution, report, amendment or motion upon which the vote was taken shall have gone out of the possession of the Senate.
Provided, further, that no motion for reconsideration shall be in order unless made on the same day on which the vote was taken, or within the next five days of voting session of the Senate thereafter.
A motion to reconsider the same question a third time is not in order.
When a bill, resolution, report, amendment, order, or communication, upon which a vote has been taken, shall have gone out of the possession of the Senate and been sent to the House of Representatives or to the Governor, the motion to reconsider shall not be in order until a resolution has been passed to request the House or Governor to return the same and the same shall have been returned to the possession of the Senate.
1. (a) No law shall be passed except by bill, and no bill shall be so altered or amended, on its passage through either House, as to change its original purpose. (Const. Art. 3, Sec. 1)
(b) No alteration or amendment shall be considered which is not appropriate and closely allied to the original purpose of the bill. If a bill has been amended after being reported by the Appropriations Committee and if the amendment may require the expenditure of Commonwealth funds or funds of a political subdivision or cause a loss of revenue to the Commonwealth or a political subdivision, the Appropriations Committee shall make a fiscal note reflecting the impact of the amendment available to the Senators.
2. No bill shall be considered unless referred to a committee, printed for the use of the members and returned therefrom. (Const. Art. 3, Sec. 2)
3. No bill shall be passed containing more than one subject, which shall be clearly expressed in its title, except a general appropriation bill or a bill codifying or compiling the law or a part thereof. (Const. Art. 3, Sec. 3)
4. Every bill shall be considered on three different days in each House. All amendments made thereto shall be printed for the use of the members before the final vote is taken on the bill and before the final vote is taken, upon written request addressed to the presiding officer of either House by at least twenty-five per cent of the Members elected to that House, any bill shall be read at length in that House. No bill shall become a law, unless on its final passage the vote is taken by yeas and nays, the names of the persons voting for and against it are entered on the Journal, and a majority of the Members elected to each House is recorded thereon as voting in its favor. (Const. Art. 3, Sec. 4)
5. No local or special bill shall be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or the thing to be effected may be situated, which notice shall be at least thirty days prior to the introduction into the General Assembly of such bill and in the manner to be provided by law; the evidence of such notice having been published, shall be exhibited in the General Assembly, before such act shall be passed. (Const. Art. 3, Sec. 7)
6. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills. (Const. Art. 3, Sec. 10)
7. (a) The general appropriation bill shall embrace nothing but appropriations for the executive, legislative and judicial departments of the Commonwealth, for the public debt and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject. (Const. Art. 3, Sec. 11)
(b) No appropriation shall be made for charitable, educational or benevolent purposes to any person or community nor to any denomination and sectarian institution, corporation or association: Provided, That appropriations may be made for pensions or gratuities for military service and to blind persons twenty-one years of age and upwards and for assistance to mothers having dependent children and to aged persons without adequate means of support and in the form of scholarship grants or loans for higher educational purposes to residents of the Commonwealth enrolled in institutions of higher learning except that no scholarship, grants or loans for higher educational purposes shall be given to persons enrolled in a theological seminary or school of theology. (Const. Art. 3, Sec. 29)
8. No appropriation shall be made to any charitable or educational institution not under the absolute control of the Commonwealth, other than normal schools established by law for the professional training of teachers for the public schools of the State, except by a vote of two-thirds of all the members elected to each House. (Const. Art. 3, Sec. 30)
8.1. No bills granting or conveying Commonwealth land or taking title thereto shall be reported by any committee of the Senate unless there has been filed with the Secretary-Parliamentarian and the Chair of the Reporting Committee, a memorandum from the Department of General Services indicating the use to which the property is presently employed, the full consideration for the transfer, if any, a departmental appraisal of the property, including its valuation and a list of recorded liens and encumbrances, if any, the use to which the property will be employed upon its transfer, the date by which the land is needed for its new use, and the senatorial district or districts in which the land is located. The memorandum shall be filed within 60 days after a request is made for same and contain a statement by a responsible person in the Department of General Services indicating whether or not the departments involved favor the transfer which is the subject of the bill under consideration.
8.2. No amendment granting or conveying Commonwealth land or taking title thereto shall be considered by the Senate unless there has been filed with the Secretary-Parliamentarian and the Chair of the committee reporting the bill, a memorandum from the Department of General Services indicating the use to which the property is presently employed, the full consideration for the transfer, if any, a departmental appraisal of the property, including its valuation and a list of recorded liens and encumbrances, if any, the use to which the property will be employed upon its transfer, the date by which the land is needed for its new use, the senatorial district or districts in which the land is located and a statement by a responsible person in the Department of General Services indicating whether or not the departments involved favor the transfer which is the subject of the amendment under consideration. The sponsor of the amendment may request the memorandum from the Department of General Services.
9. All bills, joint resolutions, resolutions, concurrent resolutions, or other matters pending before the Senate upon the recess of a first regular session convening in an odd-numbered year shall maintain their status and be pending before a second regular session convening in an even-numbered year but not beyond adjournment sine die or November 30th of such year, whichever first occurs.
10. All bills shall be introduced in quadruplicate. A sponsor may be added after a bill has been printed but the addition of sponsors shall not require that the bill be reprinted. All bills shall be examined by the Legislative Reference Bureau for correctness as to form and shall be imprinted with the stamp of the Bureau before being filed with the Secretary-Parliamentarian for introduction.
11. No Member shall introduce, nor shall any committee report any bill for the action of the Senate, proposing to legislate upon any of the subjects prohibited by Article III, section 32 of the Constitution.
12. All bills reported or re-reported from committee, if amended by the committee, and all bills on the Calendar, if amended by the Senate, shall be reprinted and a new printer's number assigned thereto before any action is taken thereon.
No bill or joint resolution re-reported from committee as amended shall be voted on final passage until at least six hours have elapsed from the time of the committee report.
13. Bills on first consideration shall not be subject to amendment, debate or a vote thereon.
14. Bills on second consideration may be subject to amendment, debate and a vote thereon.
15. (a) Bills on third consideration may be amended and are subject to debate. Bills on final passage may not be amended but are open to debate. The vote on final passage shall be taken by a roll call. The names of the Senators voting for and against shall be recorded, entered in the Journal and posted on the Internet website maintained by the Senate. No bill shall be declared passed unless a majority of all Senators elected to the Senate shall be recorded as voting for the same.
(b) No bill which may require an expenditure of Commonwealth funds or funds of any political subdivision or cause a loss of revenue to the Commonwealth or any political subdivision shall be given third consideration on the Calendar until it has been referred to the Appropriations Committee and a fiscal note attached thereto.
(b.1) In obtaining the information required by these Rules, the Appropriations Committee may utilize the services of the Budget Office and any other State agency as may be necessary.
(b.2) No bills appropriating money for charitable or benevolent purposes shall be considered finally until after the general appropriation bill shall have been reported from committee.
16. (a) It shall not be in order, by suspension of this Rule or otherwise, to consider a bill on final passage unless it is printed, together with amendments, if any, and made available to the Senators.
(b) No bill or joint resolution amended on third consideration shall be voted on final passage until at least six hours have elapsed from the time of adoption of the amendment.
17. Any Senator or Senator-elect may file bills, joint resolutions and resolutions with the Secretary-Parliamentarian of the Senate commencing on December 15 of each even-numbered year. The Secretary-Parliamentarian of the Senate shall number the bills, joint resolutions and resolutions and shall have them available for distribution. Upon the naming of the committees of the Senate at the convening of a First Regular Session, the President Pro Tempore shall refer all prefiled measures to the proper committee within 14 calendar days.
18. Senators may introduce bills, joint resolutions and resolutions by filing the same with the Secretary-Parliamentarian of the Senate. The Secretary-Parliamentarian of the Senate shall number the bills, joint resolutions and resolutions and shall notify the President Pro Tempore of the fact of such filing.
19. Every bill, joint resolution and resolution introduced by a Senator or received from the House of Representatives shall be referred by the President Pro Tempore to the appropriate committee within 14 calendar days. Upon referral, the Secretary-Parliamentarian of the Senate shall deliver the bills, joint resolutions and resolutions to the committees to which they have been referred. The Secretary-Parliamentarian of the Senate shall have the bills, joint resolutions and resolutions available for distribution.
1. Amendments shall be in order when a bill is reported or re-reported from committee, on second consideration and on third consideration. No amendments shall be received by the presiding officer or considered by the Senate which destroys the general sense of the original bill, or is not appropriate and closely allied to the original purpose of the bill. Any Member, upon request, must be furnished a copy of a proposed amendment and be given a reasonable opportunity to consider same before being required to vote thereon.
2. Amendments offered on the floor shall be read by the clerk and stated by the presiding officer to the Senate before being acted upon. Amendments shall be presented with at least four typewritten copies obtained through the Legislative Reference Bureau, which shall have the Sponsor identified. No amendment may be considered by the Senate until the Secretary-Parliamentarian of the Senate has posted the amendment on the Internet website maintained by the Senate.
3. Amendments to bills or other main motions or questions before the Senate may be tabled. When an amendment proposed to any bill or other main motion or question before the Senate is laid on the table, it shall not carry with it or prejudice the bill, main motion or question. A motion to take an amendment from the table shall only be in order if the bill or other main motion or question remains before the Senate for decision. The motion to take an amendment from the table is not debatable and shall have the same precedence as the motion to amend.
4. Amendments adopted or defeated may not be again considered without reconsidering the vote by which said amendments were adopted or defeated, unless a majority vote of the Senators present shall decide to revert to a prior printer's number. If such a motion is made to a bill on third consideration and carried it shall not be in order to vote on the final passage of said bill until a copy of the reverted printer's number is made available to the Senators.
5. (a) No amendments to bills by the House shall be concurred in by the Senate, except by the vote of a majority of the Members elected to the Senate, taken by yeas and nays. (Const. Art. 3, Sec. 5)
(b) If a bill on concurrence contains an amendment which may require the expenditure of Commonwealth funds or funds of a political subdivision or cause a loss of revenue to the Commonwealth or a political subdivision, the bill may not be voted finally until a fiscal note reflecting the impact of the amendment is made available to the Senators.
6. (a) Any bill or resolution containing House amendments which is returned to the Senate shall be referred to the Committee on Rules and Executive Nominations immediately upon the reading of the communication by the clerk. The consideration of any bill or resolution containing House amendments may include the amendment of House amendments by the Committee on Rules and Executive Nominations. The vote on concurring in amendments by the House to bills or resolutions amended by the House shall not be taken until said bills or resolutions have been favorably reported, as committed or as amended, by the Committee on Rules and Executive Nominations and have been placed on the desks of the Senators and particularly referred to on their calendars.
(b) Unless the Majority Leader and the Minority Leader shall agree otherwise, the offering of an amendment to House amendments in the Committee on Rules and Executive Nominations shall not be in order until at least one hour after the filing of a copy of the amendment as prepared by the Legislative Reference Bureau with the office of the Secretary-Parliamentarian. Upon the filing of such an amendment, the Secretary-Parliamentarian shall immediately time stamp the amendment and forward a time-stamped copy of the amendment to the offices of the Majority Leader and the Minority Leader. Except as provided in this subsection, it shall not be in order to suspend or otherwise waive the requirements of this subsection.
1. There shall be the following permanent Standing Committees, the Chair, the Vice-Chair and members thereof to be appointed by the President Pro Tempore as soon as possible after the election of the President Pro Tempore in sessions convening in odd-numbered years or such other times as may be necessary. The composition of each Standing Committee shall reasonably reflect the caucus composition of the Senate membership.
Aging and Youth -- 10 members
Agriculture and Rural Affairs -- 10 members
Appropriations -- 23 members
Banking and Insurance -- 13 members
Communications and Technology -- 10 members
Community, Economic and Recreational Development -- 13 members
Consumer Protection and Professional Licensure -- 13 members
Education -- 10 members
Environmental Resources and Energy -- 10 members
Finance -- 10 members
Game and Fisheries -- 10 members
Intergovernmental Operations -- 10 members
Judiciary -- 13 members
Labor and Industry -- 10 members
Law and Justice -- 10 members
Local Government -- 10 members
Public Health and Welfare -- 10 members
Rules and Executive Nominations -- 16 members
State Government -- 10 members
Transportation -- 13 members
Urban Affairs and Housing -- 10 members
Veterans' Affairs and Emergency Preparedness -- 10 members
2. Each standing committee or the chair thereof may appoint, from time to time, a subcommittee to study or investigate a matter falling within the jurisdiction of the standing committee or to consider a bill or resolution referred to it. A Subcommittee may hold public hearings only with the prior permission of its standing committee. Subcommittees shall be regulated by the Senate Rules of Procedure and shall be in existence for only that time necessary to complete their assignments and report to their standing committees.
3. (a) The President Pro Tempore shall be an ex-officio voting Member of all standing committees and any subcommittees that may be established and shall not be included in the number of committee members herein provided. However, the President Pro Tempore shall not be an ex-officio Member of the Committee on Ethics and Official Conduct.
(b) The Majority Leader and the Minority Leader shall each be an ex-officio member of the Committee on Appropriations and shall not be included in the number of members of the committee provided herein.
(c) The Majority Leader shall serve as Chair of the Committee on Rules and Executive Nominations and the Minority Leader shall serve as the Minority Chair.
4. Standing committees shall exist and function both during and between sessions. Such power shall not extend beyond November 30th of any even-numbered year.
5. Standing committees are authorized:
(a) To maintain a continuous review of the work of the Commonwealth agencies concerned with their subject areas and the performance of the functions of government within each such subject area, and for this purpose to request reports from time to time, in such form as the standing committee shall designate, concerning the operation of any Commonwealth agency and presenting any proposal or recommendation such agency may have with regard to existing laws or proposed legislation in its subject area. The standing committee is authorized to require public officials and employees and private individuals to appear before the standing committee for the purpose of submitting information to it.
(b) In order to carry out its duties, each standing committee is empowered with the right and authority to inspect and investigate the books, records, papers, documents, data, operation, and physical plant of any public agency in this Commonwealth.
(c) In order to carry out its duties, each standing committee may issue subpoenas, subpoenas duces tecum and other necessary process to compel the attendance of witnesses and the production of any books, letters or other documentary evidence desired by the committee. The chair may administer oaths and affirmations in the manner prescribed by law to witnesses who shall appear before the committee to testify.
6. (a) The chair of a committee, or, in the absence of the chair, the vice-chair, with the approval of the chair, shall provide each member of the committee with written notice of committee meetings, which shall include the date, time and location of the meeting and the number of each bill, resolution or other matter which may be considered. During session, notice of meetings of standing committees shall be published daily. Notice shall be delivered by the chair to the Secretary-Parliamentarian's office in writing by the end of the session on the day preceding its intended publication.
(b) Whenever the chair of any standing committee shall refuse to call a regular meeting, then a majority plus one of the members of the standing committee may vote to call a meeting by giving two days' written notice to the Secretary-Parliamentarian of the Senate, setting the time and place for such meeting. Such notice shall be read in the Senate and the same posted by the Secretary-Parliamentarian in the Senate. Thereafter, the meeting shall be held at the time and place specified in the notice. In addition, any such meeting shall comply with all provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of meetings.
(c) When the majority plus one of the members of a standing committee believe that a certain bill or resolution in the possession of the standing committee should be considered and acted upon by such committee, they may request the chair to include the same as part of the business of a committee meeting. Should the chair refuse such request, the membership may require that such bill be considered by written motion made and approved by a majority plus one vote of the entire membership to which the committee is entitled.
7. A committee meeting, or hearing for which notice has not been published as provided in section 6(a), may be held during a session only if approval is granted by the Majority and Minority Leaders and if notice of the bills to be considered is given during session.
8. Any bill or resolution reported by any standing committee without prior notice having been given as required by these Rules shall be recommitted to the committee reporting the same.
9. (a) The chair of a standing committee may hold hearings open to the public and in doing so shall make a public announcement in writing prior to the date of the hearing of the date and time, the location and the subject matter of the hearing.
(b) The chair of a standing committee shall have the power to designate whether or not a meeting of the committee for the purpose of transacting committee business shall be open to the public or shall be held in executive session and therefore closed to the public, but no matters may be considered in executive session for which an open meeting is required under 65 Pa.C.S. Ch. 7 (relating to open meetings).
10. All standing committees may have their hearings reported and transcribed if payment for such service is being made from committee funds. If payment is expected to be made from a source other than committee funds, approval must be first obtained from the President Pro Tempore.
11. A committee is actually assembled only when a quorum constituting a majority of the members of that committee is present in person. A majority of the quorum of the whole committee shall be required to report any bill, resolution or other matter to the floor for action by the whole Senate.
12. A subcommittee is actually assembled only when a quorum constituting a majority of the members of that subcommittee is present in person. A majority of the quorum of the whole subcommittee shall be required to report any bill, resolution or other matter to the committee.
13. (a) No standing committee shall be discharged from consideration of any bill, resolution or other matter within ten legislative days of its reference to committee without the unanimous consent of the Senate or after such ten-day period except by majority vote of all members elected to the Senate.
(b) Such discharge shall be by resolution which shall lie over one day for consideration upon introduction and which may be considered under the Order of Business of Resolutions on the Calendar.
1. The Chair of each standing committee shall be ex-officio a member of each subcommittee that may be established as part of the standing committee, with the right to attend meetings of the subcommittee and vote on any matter before the subcommittee.
2. The Chair, or, if authorized by the Chair, the Vice-Chair shall call the committee to order at the hour provided by these Rules. Upon the appearance of a quorum, the committee shall proceed with the order of business. Any member of the committee may question the existence of a quorum.
3. The Chair, or, if authorized by the Chair, the Vice-Chair shall preserve order and decorum and shall have general control of the committee room. In case of a disturbance or disorderly conduct in the committee room, the Chair, or, if authorized by the Chair, the Vice-Chair may cause the same to be cleared. The use of cell phones and similar portable communication devices within any Senate committee room by other than members of the Senate or their staffs is strictly prohibited.
4. The Chair shall sign all notices, vouchers, subpoenas or reports required or permitted by these Rules. The Chair shall decide all questions of order relative to parliamentary procedure, subject to an appeal by any member of the committee.
5. The Chair and Vice-Chair shall vote on all matters before such committee provided that the name of the Chair shall be called last.
6. Upon the death of the Chair, the Vice-Chair shall perform the duties of the office until and unless the President Pro Tempore shall appoint a successor. Upon and during disability, or incapacity of the Chair, the Vice-Chair shall perform the Chair's duties.
7. The Chair shall report any bill to the floor of the Senate not later than the second legislative day after the committee's vote to report it.
1. Every member of a committee shall be in attendance during each of its meetings, unless excused or necessarily prevented, and shall vote on each question, except that no member of a committee shall be required or permitted to vote on any questions immediately concerning that member's direct personal, private or pecuniary interest.
2. The Chair may excuse any Senator for just cause from attendance during the meetings of the committee for any stated period.
3. Any member of a committee who is otherwise engaged in legislative duties may have the member's vote recorded on bills, resolutions or other matters pending before the committee by communicating in writing to the Chair the inability to attend and the manner in which the member desires to be voted on bills, resolutions or other matters pending before the committee.
1. The Chair shall announce the results of all votes to report a bill or resolution or a vote regarding an executive nomination. All votes shall be open to the public and shall be posted on the Internet website maintained by the Senate within 24 hours.
2. In all cases where the committee vote shall be equally divided, the question falls.
1. All motions made in committee shall be governed and take the same precedence as those set forth in these Rules.
1. The President Pro Tempore shall appoint three Senators to comprise a Committee of Conference. Two shall be from the majority party and one from the minority party.
2. The deliberations of the committee shall be confined to the subject of difference between the two Houses, unless both Houses shall direct a free conference.
3. (a) The report of a Committee of Conference shall be prepared in triplicate by the Legislative Reference Bureau and shall be signed by the members or a majority of the members of each committee comprising the Committee of Conference. Every report of a Committee of Conference shall be printed together with the bill as amended by the committee, made available to the Senators and shall be particularly referred to on their calendars before action shall be taken on such report. No report of a Committee of Conference may be adopted by the Senate until at least six hours have elapsed from the time of adoption of the report by the Committee of Conference.
(b) A report of a Committee of Conference which requires the expenditure of Commonwealth funds or funds of a political subdivision or causes a loss of revenue to the Commonwealth or a political subdivision shall have a fiscal note attached before the report is finally adopted by the Senate.
4. Reports of committees of conference shall be adopted only by the vote of a majority of the members elected to the Senate, taken by yeas and nays. (Const. Art. 3, Sec. 5)
1. Every Senator shall be present within the Senate Chamber during the sessions of the Senate, and shall be recorded as voting on each question stated from the Chair which requires a roll call vote unless the Senator is on leave, is duly excused or is unavoidably prevented from attending session. The refusal of any Senator to vote as provided by this Rule shall be deemed a contempt of the Senate.
2. Except as may be otherwise provided by this Rule, no Senator shall be permitted to vote on any question unless the Senator is present in the Senate Chamber at the time the roll is being called, or prior to the announcement of the vote.
(a) A Senator who is performing a legislative duty in the Harrisburg area, which is defined in the Financial Operating Rules of the Senate as within Dauphin County or otherwise within a 10-mile radius of the Capitol, may, upon request during session, be granted a Capitol Leave by the Senate and may be voted by the Senator's respective floor leader. A specific reason for the Capitol Leave must be given in writing by the Senator. The Capital Leave request shall be communicated to the Senator's respective floor whip for transmission to the respective floor leader prior to the beginning of a roll call vote. All written Capitol Leave requests shall be transmitted by the respective floor leaders to the Secretary-Parliamentarian of the Senate for retention in accordance with Rule VI 3.(c) within 24 hours of the conclusion of the legislative day in which leave was requested.
(b) A Senator who is performing a legislative duty outside of the Harrisburg area may, upon request during session, be granted a Legislative Leave by the Senate and may be voted by the Senator's respective floor leader. A specific reason for the Legislative Leave must be given in writing by the Senator. The Legislative Leave request shall be communicated to the Senator's respective floor whip for transmission to the respective floor leader prior to the beginning of a roll call vote. All written Legislative Leave requests shall be transmitted by the respective floor leaders to the Secretary-Parliamentarian of the Senate for retention in accordance with Rule VI 3.(c) within 24 hours of the conclusion of the legislative day in which leave was requested.
(c) A Senator who is on active duty or in training with a reserve component of the armed forces of the United States or the Pennsylvania National Guard or Air National Guard may be granted a military leave. A Senator requesting military leave shall submit a leave request to the Senator's respective floor leader who shall transmit the request to the Secretary-Parliamentarian of the Senate on behalf of the Senator requesting leave within 24 hours of the conclusion of the legislative day in which leave was requested.
(d) A Senator who is absent for any purpose other than those set forth in these Rules may be granted a personal leave. A Senator on personal leave shall not be voted on any question before the Senate or on any question before any committee of the Senate. A Senator requesting personal leave shall submit a leave request to the Senator's respective floor leader who shall transmit the request to the Secretary-Parliamentarian of the Senate on behalf of the Senator requesting leave within 24 hours of the conclusion of the legislative day in which leave was requested.
3. (a) A Senator desiring to be excused from voting due to a direct, personal, private or pecuniary interest in any question or bill proposed or pending before the Senate, shall seek a ruling from the presiding officer.
(b) Senators who seek a ruling on whether they have a direct, personal, private or pecuniary interest in any question or bill proposed or pending before the Senate shall, after the Senator is recognized by the presiding officer, make a brief statement of the reasons for making the request and ask the presiding officer to decide whether or not the Senator must vote. The question shall be decided by the presiding officer without debate.
4. No Senator may vote or change a vote after the result is announced by the Chair. Before the announcement of the final result, however, a Senator may change a vote, or may vote, if previously absent from the Chamber. Should a Senator be erroneously recorded on any vote, the Senator may at any time, with the permission of the Senate, make a statement to that effect which shall be entered in the Journal. Similarly, should the Senator be absent when a vote is taken on any question, the Senator may later, with the permission of the Senate, make a statement for entry upon the Journal, indicating how the Senator would have voted had the Senator been present when the roll was taken and the reasons therefor shall be submitted in writing or delivered orally not to exceed five minutes.
5. No Senator or other person, except the Majority or Minority Leader or other persons designated by them, shall be permitted at the Reading Clerk's desk during the recording, counting or verification of a roll call vote.
6. When bills or other matters which require a two-thirds vote are under consideration, the concurrence of two-thirds of all the Senators elected shall not be requisite to decide any question or amendment short of the final question and on any question short of the final one, a majority of Senators voting shall be sufficient to pass the same.
7. A majority of the Senators elected shall mean a majority of the Senators elected, living, sworn and seated.
8. When bills or other matters which require a vote of the majority of Senators elected are under consideration, the concurrence of a majority of all the Senators elected shall not be requisite to decide any question or amendment short of the final question; and, on any question short of a final one, a majority of Senators voting shall be sufficient to pass the same.
9. Upon completion of a roll call vote or a voice vote the result shall be announced immediately unless the Majority or Minority Leader requests a delay.
10. Any Senator may, with the consent of the Senate, make an explanation of a vote on any question and have the explanation printed in the Journal.
11. In the case of a tie vote, the President of the Senate may cast a vote to break the tie so long as by doing so it does not violate any provisions of the Constitution of Pennsylvania. In the event there is a tie vote on a question requiring a constitutional majority, the question falls.
12. Any Senator may demand a verification of a vote immediately upon the completion of a roll call or after the announcement of the vote by the presiding officer. In verifying a vote, the Clerk shall first read the affirmative roll at which time any additions or corrections shall be made. Upon the completion and verification of the affirmative roll call, the Clerk shall proceed with the reading of the negative roll at which time any additions or corrections shall be made. Upon the completion and verification of the negative roll call, the roll call shall be declared verified. It shall not be in order for a Senator to change a vote after the verified roll call is announced. A demand for a verification shall not be in order when all Senators vote one way. The demand for a verification of a vote is not debatable.
13. Unless otherwise ordered or demanded, a voice vote may be taken. Any Senator who doubts the accuracy of a voice vote may demand a roll call vote. Such request must be made immediately upon the announcement of the vote by the presiding officer and shall not be in order after other business has intervened. The demand for a verification of a voice vote shall not be in order.
1. Admission to the Senate Press Gallery shall be limited to members in good standing of the Pennsylvania Legislative Correspondents' Association and to other members of the press as determined by the President Pro Tempore. Seating shall be available on a first-come-first-served basis.
2. Photographers may be authorized by the President Pro Tempore to take still photographs in the Senate.
3. No still photographs shall be taken in the Senate during sessions without prior notice to the Senators. When possible, such notice shall be given at the beginning of the session during which the still photographs are scheduled to be taken.
4. Persons seated in the Senate Press Gallery shall be dressed appropriately and shall, at all times, refrain from loud talking or causing any disturbance which tends to interrupt the proceedings of the Senate.
5. Persons seated in the Senate Press Gallery shall not walk onto the floor of the Senate nor approach the rostrum or the clerk's desk during session or while being at ease.
1. Filming, videotaping, televising or broadcasting of Senate sessions shall be permitted as provided in these Rules.
2. Nothing in this Rule shall be construed to prohibit any licensed radio station or television station from broadcasting a session from the Senate or any part thereof provided that the signal originates from the Senate-operated audio-visual system which transmits Senate session activity to the offices in the Main Capitol and environs.
1. The Chief Clerk of the Senate, in consultation with the Secretary-Parliamentarian of the Senate, shall provide a video feed and an audio feed of Senate floor activity.
2. The Chief Clerk of the Senate shall be responsible for the acquisition, installation and maintenance of equipment required to provide the video feed and the audio feed, and for the continued development and operation of the feeds, including the hiring of the necessary personnel.
3. All equipment required to produce the video feed and audio feed shall be operated by Senate personnel. Nothing in any contract entered into by the Office of the Chief Clerk regarding installation or maintenance of equipment shall permit any control over the video cameras and microphones in the Senate Chamber to be exercised by anyone but the appropriate Senate officers and employees.
4. Continuous broadcast of Senate sessions shall be provided free of charge to any licensed television station, radio station or cable television outlet and shall further be available through the Senate's website.
5. The Senate Committee on Management Operations may authorize providing the video feed and audio feed free of charge to other entities.
6. Funding for the implementation and operation of the broadcasting system shall be provided through Senate appropriations as designated by the President Pro Tempore.
7. The video feed and audio feed shall provide a complete, unedited record of what is said on the floor of the Senate and shall be free from commentary.
8. To the extent possible, only the presiding officer and the persons actually speaking shall be covered by the video cameras and microphones.
9. During roll call votes and other votes, the video cameras shall be focused on the presiding officer or the appropriate clerks until the announcement of the vote tabulation by the presiding officer.
10. During recesses of the Senate or when the Senate is at ease, the video feed and audio feed shall be turned off.
11. The video feed and audio feed, and any television or radio coverage thereof, shall not be made available or used for political or campaign purposes, whether in paid political advertisements or otherwise. Use of the video feed and audio feed shall be subject to all Federal and State laws relating to elections and campaign practices.
12. The video feed and audio feed, and any television or radio coverage thereof, shall not be used in any commercial advertisement.
13. Any live coverage of the Senate shall be without and presented without any commercial sponsorship, except when it is part of a bona fide news program or public affairs program.
14. The President Pro Tempore or any other presiding officer shall be prohibited from ordering, without consent of the Senate, that any segment of a floor session not be broadcast or recorded.
15. Except as provided in this paragraph, the President Pro Tempore, any other presiding officer and any Senator, officer or employee of the Senate shall be prohibited from editing any portion of the video feed and audio feed described in this Rule. A Senator may post a video clip or audio clip of Senate session on an Internet website or provide a video clip or audio clip of Senate session for any television broadcast as long as the clip exclusively features the Senator who is posting or providing the clip.
16. Except as provided in this Rule, any recording, filming, videotaping, broadcasting or distribution of any session of the Senate, or any part thereof, in any form whatsoever is prohibited.
17. Nothing in this Rule shall be construed to prohibit any licensed radio station from broadcasting a session from the Senate or any part thereof provided that the signal originates from the Senate-operated sound system which transmits Senate session activity to the offices in the Main Capitol and environs.
18. Any violation of this Rule shall be dealt with as directed by the Committee on Rules and Executive Nominations.
19. The video feed and audio feed provided by the Senate shall not constitute an official record of Senate actions. The official record of Senate actions shall be contained in the Journals prepared by the Secretary-Parliamentarian of the Senate and approved by the Senate.
1. With the exception of the Senate Gallery and the Senate Press Gallery, no person shall be admitted within the Senate Chamber during Senate sessions, unless invited by the President Pro Tempore or the Majority or Minority Leaders. During session, authorized staff with access to the Senate Chamber shall be limited and shall be restricted to the area immediately adjacent to the Majority and Minority Leaders' desks. Advice to Senators during debate shall be allowed only when the Senator is using the microphones at the leaders' desks.
2. No person or persons shall, during a session, be permitted to enter through the front or rear door of the Senate Chamber nor be present in the rooms immediately to the rear of the Senate Chamber except for Senators, officers and employees expressly authorized.
3. No person or persons other than Senators or their staff shall, at any time, be permitted to use the telephone facilities in or adjacent to the Senate Chamber.
1. These Rules shall be in full force and effect until altered, changed, amended or repealed as provided herein.
2. The consent of a majority of the Senators elected shall be necessary to suspend any Rule.
3. The consent of a majority of the Senators elected shall be necessary to alter, change or amend these Rules.
4. All alterations, changes or amendments to Senate Rules shall be by resolution which shall not be considered unless first referred to and reported from the Rules Committee.
1. The Rules of Parliamentary Practice comprised in Mason's Manual of Legislative Procedure shall govern the Senate in all cases to which they are applicable, and in which they are not inconsistent with the Standing Rules, Prior Decisions and Orders of the Senate.
1. A majority of Senators elected shall constitute a quorum, but a smaller number may adjourn from day to day, and compel the attendance of absent members. (Const. Art. 2, Sec. 10)
2. When, upon a call, which may be demanded by not less than four Senators, it is found that less than a quorum is present, it shall be the duty of the presiding officer to order the doors of the Senate to be closed, and to direct the clerk to call the roll of the Senate and note the absentees after which the names of the absentees shall be again called. A Senator whose absence is not excused, or an insufficient excuse is made, may by order of a majority of the Senators present be sent for and taken into custody by the Sergeant-at-Arms, or assistant sergeants-at-arms appointed for the purpose. Any unexcused Senator shall be brought before the bar of the Senate, where, unless excused by a majority of the Senators present, shall be publicly reprimanded by the presiding officer for neglect of duty.
3. When less than a quorum vote upon any subject under the consideration of the Senate, not less than four Senators may demand a call of the Senate, when it shall be the duty of the presiding officer to order the doors of the Senate to be closed and the roll of the Senators to be called. If it is ascertained that a quorum is present, either by answering to their names, or by their presence in the Senate, the presiding officer shall again order the yeas and nays; and, if any Senator present refuses to vote, the name or names of such Senator shall be entered on the Journal as "Present but not voting." Such refusal to vote shall be deemed a contempt; and, unless purged, the presiding officer shall direct the Sergeant-at-Arms to bring the Senator before the bar of the Senate, where the Senator shall be publicly reprimanded by the presiding officer.
1. All nominations by the Governor or the Attorney General shall be submitted to the Secretary-Parliamentarian of the Senate. All nominees shall file the financial statements required pursuant to 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) with the Secretary-Parliamentarian of the Senate. Copies of the nominations and financial statements shall be furnished by the Secretary-Parliamentarian of the Senate to the Majority and Minority Caucus Secretaries or their designees.
2. Nominations shall, after being read, without a motion, be referred by the presiding officer to the Committee on Rules and Executive Nominations. After having been reported by the committee, the final question on every nomination shall be: "Will the Senate advise and consent to this nomination?"
3. The Chair of the Committee on Rules and Executive Nominations shall designate an appropriate standing committee of the Senate to conduct a public hearing for nominees that have Statewide jurisdiction and to which salaries are attached. The Committee on Rules and Executive Nominations shall refer those nominees to the designated committee for the purpose of holding a public hearing to scrutinize the qualifications of nominees and to report back its recommendations. Public hearings may be held for nominees for any other office.
4. All information, communication or remarks made by a Senator when acting upon nominations in committee, concerning the character or qualifications of the person nominated, may be kept confidential. If, however, charges shall be made against a person nominated, the committee may, in its discretion, notify the nominee, but the name of the person making such charges shall not be disclosed.
5. When the consideration of executive nominations is reached in the order of business, a Senator may make a motion to go into executive session for the purpose of confirming the nominations which have been reported from committee; and on the motion being agreed to, the nomination or nominations shall be considered until finally disposed of, unless the same shall be postponed by a majority of the Senate.
6. When in executive session, no communication shall be received from the Governor, unless it be relative to the nomination under consideration, nor from the House of Representatives, nor shall any other business.
7. When a nomination is confirmed or rejected by the Senate, any Senator may move for a reconsideration on the same day on which the vote was taken, or on either of the next two days of voting session of the Senate; but if a notification of the confirmation or rejection of a nomination shall have been sent to the Governor before the expiration of the time within which a motion to reconsider may be made, the motion to reconsider shall be accompanied by a motion to request the Governor to return such notification to the Senate. A motion to reconsider the vote on a nomination may be laid on the table without prejudice to the nomination.
1. All resolutions, Senate and concurrent, shall be introduced by presenting four copies of the Resolution, with the sponsor identified, to the presiding officer.
2. The following resolutions, after being read, shall be referred to an appropriate committee without debate unless by unanimous consent the Senate shall otherwise direct and, if favorably reported by the committee, shall lie over one day for consideration, after which they may be called up as, of course, under their appropriate order of business:
(a) All Senate and House concurrent resolutions, excepting resolutions in reference to adjournment sine die, recesses and those recalling bills from the Governor, which shall be regarded as privileged.
(b) Resolutions containing calls for information from the heads of departments, or to alter the Rules.
(c) Resolutions giving rise to debate, except those that relate to the disposition of matters immediately before the Senate, those that relate to the business of the day on which they were offered, and those that relate to adjournment sine die or a recess.
3. Congratulatory and condolence resolutions shall be given to the Secretary-Parliamentarian and shall be considered under the order of unfinished business in the daily order of business.
4. All resolutions shall be adopted by a majority vote of the Senators present except as specifically provided for in these Rules.
5. Joint Resolutions shall be limited to constitutional amendments and shall be adopted by a vote of a majority of the Senators elected to the Senate;
A joint resolution when passed by both Houses shall not be transmitted to the Governor for approval or disapproval but shall be filed in the Office of the Secretary of the Commonwealth in accordance with Article XI, Section 1 of the Constitution of Pennsylvania.
1. The Secretary-Parliamentarian of the Senate shall cause the doors to the Senate Floor to be closed to all persons except those who are entitled to access under the Rules of the Senate. On days when the Senate is not in session, access to the Senate Floor by any person not connected with the Senate is prohibited. Other than the Senator, no person shall be permitted to occupy the seat of a Senator at any time.
1. When any bill is not approved by the Governor, he shall return it with his objection to the House in which such bill originated. Thereupon such House shall enter the objections upon their Journal and proceed to reconsider it. If after such reconsideration, two-thirds of all the Members elected to that House shall agree to pass the bill, it shall be sent with the objections to the other House by which likewise it shall be reconsidered, and, if approved by two-thirds of all the members elected to that House, it shall become a law. (Const. Art. 4, Sec. 15)
2. A bill vetoed in a first regular session and not finally acted upon may be brought up for consideration in a second regular session.
1. Any Senator may call for a division of a question by the Senate if the question includes points so distinct and separate that, one of them being taken away, the other will stand as a complete proposition. The motion to strike out and insert is indivisible.
1. Any use of Senate resources or time shall be governed by the Financial Operating Rules and the Ethical Conduct Rules of the Senate.
1. In addition to the committees created by Rule XV, there shall be a Senate Committee on Ethics which shall be composed of six members appointed by the President Pro Tempore. Three members shall be of the Majority Party and three members shall be of the Minority Party. The Minority Party members will be appointed on the recommendation of the Minority Leader.
2. The Senate Committee on Ethics shall be organized as follows:
(a) The President Pro Tempore shall appoint one of the Majority Party members as Chair and, on the recommendation of the Minority Leader, one of the Minority Party members as Vice-Chair. A quorum for this committee shall be four members and the committee shall have such duties, powers, procedure and jurisdiction as are prescribed and authorized in this Rule.
(b) The chair shall notify all members of the committee at least 24 hours in advance of the date, time and place of a meeting. Whenever the chair shall refuse to call a meeting, a majority of the committee may call a meeting by giving two days' written notice to the Majority Leader and the Minority Leader of the Senate setting forth the time and place for such meeting. A meeting commenced in this manner shall be held at the time and place specified in the notice.
(c) Except as provided in section 10 of this Rule, all meetings of the committee shall be open to the public and notice of such meetings shall be given as generally provided in these rules for the convening of committees.
(d) The committee may adopt rules of procedure for the orderly conduct of its affairs, investigations, hearings and meetings, which rules are not inconsistent with this Rule.
3. The committee shall receive complaints against any Senator alleging unethical conduct in violation of a Senate Rule, statute or constitutional provision governing the ethical conduct of a Senator. Any complaint filed with the committee shall be submitted in writing; be sworn or affirmed by the person filing the complaint and shall detail the alleged unethical conduct in question and specify the Rule, statute or constitutional provision allegedly violated.
4. Upon receipt of a complaint that conforms with all the requirements of this Rule, the Senate Committee on Ethics shall review the complaint and determine whether or not a preliminary investigation is warranted within 30 days of receiving the complaint. For good cause, a majority of the members of the committee may vote to grant an additional 30 days to complete the committee's review. A frivolous or de minimis complaint may be dismissed by a majority of the members of the committee, with prejudice. The chair shall notify the complainant and the subject Senator of the disposition of a dismissed complaint.
5. If it is determined by a majority of the members of the Senate Committee on Ethics that an ethical conduct violation may have occurred, the Senator against whom the complaint has been brought shall be notified in writing and given a copy of the complaint. Within 15 days after receipt of the complaint, the Senator may file a written answer to the complaint with the committee. If no answer is filed, the complaint shall be deemed denied by the subject Senator. The lack of an answer shall not be deemed to be an admission or create an inference or presumption that the complaint is true. The lack of an answer shall not prohibit a majority of the members of the committee from either proceeding with a formal investigation or dismissing the complaint.
6. The committee shall have 30 days from the date that receipt of the answer to the complaint is to be provided to complete its preliminary investigation. For good cause, a majority of the members of the committee may vote to grant an additional 30 days to complete the committee's review. The committee may employ an independent counsel to conduct a preliminary investigation. Upon conclusion of the preliminary investigation, by vote of a majority of the members of the committee, the committee shall determine whether to proceed with a formal investigation, which may include hearings. In the event that the committee vote is equally divided, the question falls. If the committee does not decide to proceed to a formal investigation, the Chair shall notify the complainant and the subject Senator of the disposition of the complaint and shall summarize the committee's rationale for its conclusion.
7. Prior to the commencement of a formal investigation, the fact that a preliminary investigation is being conducted or is to be conducted shall be confidential information. If, however, the filing of a complaint or a preliminary investigation is made public by the complainant, the committee may publicly confirm the receipt of a complaint.
8. When an indictment is returned against a member of the Senate, and the gravamen of the indictment is directly related to the ethical conduct of a Senator in violation of a Senate Rule, statute or constitutional provision governing the ethical conduct of a Senator, the Senate Ethics Committee shall not initiate any new investigation, and shall suspend any ongoing investigation, initiated pursuant to this Rule until the subject matter of the indictment that relates to the Senator's alleged unethical conduct is resolved.
9. In addition to action on formal complaints as provided in section 3, a majority of the members of the Senate Committee on Ethics may initiate a preliminary investigation of suspected unethical conduct in violation of a Senate Rule, statute or constitutional provision governing the ethical conduct of a Senator. If it is determined by a majority of the members of the committee that a violation may have occurred, the Senator in question shall be notified in writing of the alleged unethical conduct in question and the Rule, statute or constitutional provision allegedly violated. Within 15 days of the receipt of this information, the Senator may file a written answer with the committee. The lack of an answer shall not be deemed to be an admission or create an inference or presumption that the complaint is true. The lack of an answer shall not prohibit a majority of the members of the committee from either proceeding with a formal investigation or dismissing the complaint. The committee shall have 30 days from the date that receipt of the answer to the complaint is to be provided to complete its preliminary investigation. For good cause, a majority of the members of the committee may vote to grant an additional 30 days to complete the committee's review. Upon conclusion of the preliminary investigation, by vote of a majority of the members of the committee, the committee shall determine whether to proceed with a formal investigation, which may include hearings. In the event that the committee vote is equally divided, the question falls.
10. The committee shall conduct its preliminary investigations, hearings and meetings related to a specific investigation or a specific Senator in closed session unless the Senator subject to investigation advises the committee in writing that he or she wants such meetings or hearings to be held publicly. In the event that the Senator in question makes such a request, the committee shall furnish the Senator with a public meeting or hearing.
11. In the event that the Senate Committee on Ethics shall elect to proceed with a formal investigation of alleged unethical conduct by a Senator, the committee may employ an independent counsel to conduct a formal investigation. The committee and any independent counsel employed by the committee shall comply with the following procedural requirements at all stages of the investigation:
(a) The Chair of the Senate Committee on Ethics may continue any hearing for reasonable cause. Upon the vote of a majority of the members of the committee, or upon the request of the Senator subject to investigation, the Chair shall issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under formal investigation by the committee. The Chair of the committee may administer oaths or affirmations, examine and receive evidence, or rule on any objections raised during the course of a hearing.
(b) All testimony, documents, records, data, statements or information received by the committee in the course of any preliminary or formal investigation shall be private and confidential except in the case of public meetings or hearings or in a report to the Senate.
(c) All constitutional rights of any Senator under investigation shall be preserved, and the Senator shall be entitled to present evidence, cross-examine witnesses, face the accuser and be represented by counsel.
(d) An oath or affirmation shall be executed in writing before any member of the committee, any independent counsel employed by the committee to conduct a preliminary or formal investigation, or any employee of the Senate related to the investigation may have access to information that is confidential under the rules of the committee as follows:
12. No report regarding unethical conduct by a Senator shall be made to the Senate unless a majority of the members of the Senate Ethics Committee determine that a finding of unethical conduct in violation of a Senate Rule, statute or constitutional provision governing the ethical conduct of a Senator has occurred. No finding of unethical conduct by a Senator in violation of a Senate Rule, statute or constitutional provision governing the ethical conduct of a Senator adopted by the Senate Committee on Ethics shall be valid unless signed by at least a majority of the members of the committee. Any such report may include a minority report. A report adopted by the committee that contains findings of unethical conduct by a Senator in violation of a Senate Rule, statute or constitutional provision governing the ethical conduct of a Senator shall not be filed with the Secretary-Parliamentarian of the Senate or released to the public until at least seven days after a copy of the report is sent by certified mail to the Senator under investigation.
13. After the expiration of the seven-day notice requirement contained in section 12, the Senate Ethics Committee shall file its report with the Secretary-Parliamentarian of the Senate, who shall cause a copy of the report of the committee to be distributed to the members of the Senate. The report of the Senate Ethics Committee shall be placed on the Senate Calendar and shall be acted on by the Senate within ten legislative days of the adoption of a temporary rule setting forth rules of procedure for the orderly disposition of the report by the full Senate. A vote by a majority of the members elected to the Senate shall be necessary to adopt each finding set forth in the Ethics Committee Report.
14. Should the full Senate vote to adopt an unethical conduct finding against a Senator as set forth in the Ethics Committee Report, that Senator may be subject to sanction by the full Senate. A sanction may include any of the following depending on the circumstances of the violation: a warning; a written reprimand; restitution for damages or any other sanction provided for under the Rules of the Senate of Pennsylvania or the Constitution of Pennsylvania.
15. The Senate Committee on Ethics, at the request of a Senator or officer who has an ethical question or concern regarding the Senate Rules individually or in conjunction with others, may issue an advisory opinion seeking to clarify the ethical requirements of the Senate Rules. These advisory opinions, with such deletions and changes as shall be necessary to protect the identity of the persons involved or seeking them, may be published and shall be distributed to all members, officers and employees of the Senate. No action regarding unethical conduct may be taken against a Senator, officer or employee, who has relied on a written advisory opinion, whether directly addressed to that person or not, which is reasonably construed as being applicable to the unethical conduct in question.
16. In the event that a member of the Senate Ethics Committee shall be under investigation, that Senator shall be temporarily replaced on the committee in a like manner as the Senator's original appointment.
17. Whenever the committee shall employ independent counsel to conduct a preliminary or formal investigation or shall incur other expenses pursuant to its duties under this rule, payment of costs of such independent counsel or other expenses incurred by the committee pursuant to this Rule shall be paid by the Chief Clerk upon submission of vouchers and necessary documentation. The vouchers shall be signed by both the chair and vice-chair of the committee. Included in such allowable expense items shall be travel and per diem for the members of the committee. The Chief Clerk shall pay such expenses out of funds appropriated to the Chief Clerk for incidental expenses.
1. When an indictment is returned against a member of the Senate, and the gravamen of the indictment is directly related to the Senator's conduct as a committee chair, ranking minority committee member or in a position of leadership, the Senator shall be relieved of such committee chairmanship, ranking minority committee member status, or leadership position until the indictment is disposed of, but the member shall otherwise continue to function as a Senator, including voting, and shall continue to be paid.
2. If, during the same legislative session, the indictment is quashed, or the court finds that the Senator is not guilty of the offense alleged, the Senator shall immediately be restored to the committee chairmanship, ranking minority committee member status, or leadership position retroactively from which that Senator was suspended.
3. Upon a finding or verdict of guilt by a judge or jury, a plea or admission of guilt or plea of nolo contendere of a crime by a member of the Senate, the gravamen of which relates to the member's conduct as a Senator, and upon imposition of sentence, the Secretary-Parliamentarian of the Senate shall prepare a resolution of expulsion under session.
1. Whenever any officer or employee of the Senate is indicted or otherwise charged before a court of record with the commission of a felony or a misdemeanor, the gravamen of which relates to the officer's or employee's conduct or status as an officer or employee of the Commonwealth or the disposition of public funds, such employee shall immediately be suspended without pay and benefits by the Chief Clerk. After a finding or a verdict of guilt by a judge or a jury, plea or admission of guilt, or plea of nolo contendere, and upon imposition of sentence, the employment shall be terminated.
2. If the indictment is quashed, or the court finds that the officer or employee is not guilty of the offense alleged, the suspension without pay shall be terminated, and the officer or employee shall receive compensation for the period of time during which the officer or employee was suspended which compensation shall be reduced by the amount of any compensation said officer or employee earned from other employment during the period of suspension.
3. If the officer or employee or the supervising Senator of such employee disagrees with the decision of the Chief Clerk as to whether an indictment for particular conduct shall be a crime requiring suspension or dismissal, the officer or employee in question or the supervising Senator may appeal the suspension to the Committee on Ethics, which shall determine whether the conduct charged is an offense requiring suspension. Whenever an appeal of a suspension shall be taken to the committee, the suspension shall remain effective pending a decision by the committee.
1. In order for a Senator or a Senate employee, including a family member of that Senator or Senate employee, to be affiliated with a nonprofit entity, that nonprofit entity must meet all of the following:
(a) Have a formally established board of directors with at least four members that is fully accountable for the nonprofit entity's overall operation.
(b) Have a written set of bylaws or rules, approved by its board of directors, which establishes its composition and governance process.
(c) Require official action of the board of directors to be approved and executed in a manner consistent with its bylaws or rules.
(d) Not receive grant funding directly from the Commonwealth that comprises its sole source of operational funding.
2. A Senator or Senate employee, including a family member of that Senator or Senate employee, who is affiliated with a nonprofit entity, may not do any of the following with regard to a nonprofit entity with which that Senator or Senate employee, including a family member of that Senator or Senate employee, is affiliated:
(a) Exercise sole and unilateral control of a final action of the nonprofit entity regarding allocation or disbursement of grant funding that the nonprofit entity receives directly from the Commonwealth.
(b) Direct a Senate employee to staff or provide services to the nonprofit entity as a condition of employment.
(c) Direct the personnel or other resources of the nonprofit entity for the benefit of a Senator's campaign.
(d) Commingle funds from a Senate district office allowance or any other Senate expense account with the funds of the nonprofit entity with the knowledge and intent that those funds are to be used for the direct reimbursement of expenses incurred by that nonprofit entity.
(e) Maintain a Senate district office within or contiguous to the same office as the nonprofit entity.
3. A Senator or a Senate employee, including a family member of that Senator or Senate employee, shall not be subject to the requirements of this Rule if the affiliated nonprofit entity receives no grant funding directly from the Commonwealth.
4. To assure compliance with this Rule by Senators and Senate employees, appropriate training measures shall be implemented by the Senate. Training shall be provided annually for all Senators and Senate employees.
1. As used in this Rule, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Affiliated." Serving:
(1) as an officer of a nonprofit entity;
(2) on the board of directors of a nonprofit entity;
(3) as a paid employee of a nonprofit entity; or
(4) as a contractor of a nonprofit entity.
Family member." A spouse or child.
"Nonprofit entity." An entity that is qualified by the Internal Revenue Service as meeting the requirements of section 501(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c));