Bill Text: PA HR1 | 2011-2012 | Regular Session | Introduced

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Bill Title: Adopting permanent rules for the House of Representatives, further providing for definitions, for members' and employees' expenses, for fiscal notes, for House and concurrent resolutions, for standing committees and subcommittees, for organization of standing committees and subcommittees, for powers and duties of standing committees and subcommittees, for ethics committee and for chronic absenteeism; and providing for ethical conduct.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-01-04 - Adopted (200-0) [HR1 Detail]

Download: Pennsylvania-2011-HR1-Introduced.html

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PRINTER'S NO. 1
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No. 1 Session of2011
INTRODUCED BY TURZAI AND DERMODY, JANUARY 3, 2011
INTRODUCED, JANUARY 3, 2011
A RESOLUTION
Adopting permanent rules for the House of Representatives,
further providing for definitions, for members' and
employees' expenses, for fiscal notes, for House and
concurrent resolutions, for standing committees and
subcommittees, for organization of standing committees and
subcommittees, for powers and duties of standing committees
and subcommittees, for ethics committee and for chronic
absenteeism; and providing for ethical conduct.
RESOLVED, That the Permanent Rules of the House of
Representatives (2009-2010) be adopted as the Permanent Rules of
the House of Representatives for the 2011-2012 session of the
House of Representatives with the following amendments to the
heading and definitions of the Rules and to Rules 14, 19(a), 35,
43, 44, 45, 47, 64(a):
(2011-2012)
GENERAL OPERATING RULES
OF THE HOUSE OF REPRESENTATIVES
[Definitions:]
The following words and phrases when used in the General
Operating Rules of the House of Representatives shall have the
meanings given to them in this section unless the context
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clearly indicates otherwise:
"Day" shall mean any calendar day.
"Floor of the House" shall be that area within the Hall of
the House between the Speaker's rostrum and the brass rail
behind the Members' seats.
"Formal Action" shall mean any vote or motion of a member of
a standing committee, standing subcommittee, select committee or
rules committee of the House of Representatives to report or not
report, amend, consider or table a bill or resolution and the
discussion and debate thereof.
"Hall of the House" shall be the floor space within its four
walls and does not include the adjoining conference rooms, the
lobbies or the upper gallery of the House.
"Legislative Day" shall mean any day that the House shall be
in session.
"Press Gallery" shall be within that area known as the Hall
of the House as designated by the Speaker.
"Roll Call Vote" shall be a vote taken and displayed by and
on the electric roll call board or in the event of a malfunction
of the electric roll call board, by such method as shall be
determined by the Speaker.
* * *
RULE 14
Members' and Employees' Expenses
A member who attends a duly called meeting of a standing or
special committee of which he or she is a member when the House
is not in session or who is summoned to the State Capitol or
elsewhere by the Speaker, or the Majority or Minority Leader of
the House, to perform legislative services when the House is not
in session shall be reimbursed per day for each day of service,
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plus mileage to and from the member's residence, at such rates
as are established from time to time by the Committee on Rules
but not in excess of the applicable maximum mileage rate
authorized by the Federal Government. For travel to any location
for committee meetings or for travel to the State Capitol for
any reason, members cannot receive reimbursement in excess of
the applicable maximum per diem rate authorized by the Federal
Government. These expenses shall be paid by the Chief Clerk from
appropriation accounts under the Chief Clerk's exclusive control
and jurisdiction, upon a written request approved by the Speaker
of the House, or the Majority or the Minority Leader of the
House.
An employee of the House summoned by the Speaker or the
Majority or Minority Leader of the House to perform legislative
services outside of Harrisburg shall be reimbursed for actual
expenses and mileage to and from the employee's residence. Such
expenses may be paid by the Speaker, Majority or Minority
Leader, if they agree to do so, or shall be paid by the Chief
Clerk from appropriation accounts under the Chief Clerk's
exclusive control and jurisdiction, upon a written request
approved by the Speaker, or the Majority or the Minority Leader.
District office employees are only permitted to be reimbursed
from an account under the control of the Chief Clerk when
traveling to Harrisburg for a training program sponsored by
either caucus or for travel to a legislative conference approved
by the Speaker, the Majority Leader or the Minority Leader. All
other travel by district office employees may be reimbursed from
the member's accountable expenses or an account under the
control of the Speaker, the Majority Leader or the Minority
Leader.
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Members and employees traveling outside the Commonwealth of
Pennsylvania who receive any reimbursement for expenses or
travel which reimbursement is from public funds shall file with
the Chief Clerk a statement containing his or her name and the
name, place, date and the purpose of the function.
Money appropriated specifically to and allocated under a
specific symbol number for allowable expenses of members of the
House of Representatives shall be reimbursed to each member upon
submission of vouchers and any required documentation by each
member on forms prepared by the Chief Clerk of the House. No
reimbursement shall be made from this account where a member is
directly reimbursed for the same purpose from any other
appropriation account.
Such allowable expenses of members may be used for any
legislative purpose or function, including but not limited to
the following:
(1) Travel expense on legislative business.
(a) Mileage on session or nonsession days at a rate as
may be approved from time to time by the Committee on Rules,
but not in excess of the maximum mileage rate authorized by
the Federal Government for travel; voucher only.
(b) Miscellaneous transportation on legislative business
(taxi, airport limousine parking, tolls), and expenses of a
similar nature; voucher only for any single expense not in
excess of $10.
(c) Travel on legislative business by common carrier
other than taxi and airport limousine; voucher and receipt
from common carrier.
(d) Car rental; voucher and receipt from rental agency
but reimbursement not to exceed in any month an amount as may
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be approved from time to time by the Committee on Rules. Any
amount in excess of the said amount shall be paid by the
person renting the car. In no event shall other than American
manufactured cars be rented.
(e) Lodging, restaurant charges and other miscellaneous
and incidental expenses while away from home. Vouchers only
for per diem allowance approved from time to time by the
Committee on Rules, but not in excess of the applicable
maximum per diem rate authorized by the Federal Government or
for actual expenses not in excess of such per diem rate.
(2) Administrative, clerical and professional services for
legislative business, except for employment of spouses or any
relatives, by blood or marriage.
(a) Administrative and clerical services; voucher and
receipt from person employed.
(b) Professional services; voucher and receipt and copy
of agreement or contract of employment.
(3) Rent for legislative office space; purchase of office
supplies; postage; telephone and answering services; printing
services and rental only of office equipment; voucher and
vendor's receipt, except for postage expense. [No reimbursement
or expenditure shall be made out of any appropriation account
for any mass mailing including a bulk rate mailing made at the
direction or on behalf of any member which is mailed or
delivered to a postal facility within 60 days immediately
preceding any primary or election at which said member is a
candidate for public office.
Mass mailing shall mean a newsletter or similar mailing of
more than 50 pieces in which the content of the matter is
substantially identical. Nothing in this rule shall apply to any
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mailing which is in direct response to inquiries or requests
from persons to whom matter is mailed, which is addressed to
colleagues in the General Assembly or other government officials
or which consists entirely of news releases to the
communications media.]
(4) Official entertainment─restaurant and beverage charges;
voucher only for expenses. Receipts for entertainment expenses,
together with a statement of the reason for the expense, shall
be submitted with the request for reimbursement.
(5) Purchase of flags, plaques, publications, photographic
services, books, and other similar items in connection with
legislative activities; voucher and vendor's receipt.
(6) Communications and donations in extending
congratulations or sympathy of illness or death; voucher only on
expenses not in excess of $35.
No money appropriated for members' and employees' expenses
shall be used for contributions to political parties or their
affiliated organizations [or to charitable organizations or for
charitable advertisements.]
No money appropriated for members' and employees' expenses
shall be used for contributions to charitable organizations or
for charitable advertisements. This paragraph shall not prevent
a de minimis use of legislative resources, in connection with
legislative activities, to benefit a bona fide charitable
organization that serves a member's district.
[No money may be expended within 60 days before a primary
election or within 60 days before a general election in even-
numbered years for:
(i) purchase of or the reimbursement for the purchase of any
radio or television broadcast time for public service
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announcements that depict the name, voice or image of a member;
or
(ii) payment for telemarketing activities on behalf of a
member. This prohibition shall not apply to limited surveys to
determine public opinion on various issues.]
Members and employees shall not request reimbursement for the
private lease of vehicles leased on a long-term basis. No
payments will be made with respect to private, long-term lease
vehicle expenses incurred by members or employees except with
respect to private, long-term lease arrangements entered into by
a member prior to March 13, 2007, payments for which will be
made in accord with the rules in place on March 12, 2007. The
Chief Clerk is authorized to enter into a master lease agreement
with the Department of General Services for the long-term lease
of automobiles.
All disbursements made, debts incurred or advancements paid
from any appropriation account made to the House or to a member
or nonmember officer under a General Appropriation Act or any
other appropriation act shall be recorded in a monthly report
and filed with the Chief Clerk by the person authorized to make
such disbursement, incur any debt or receive any advancement on
a form prescribed by the Chief Clerk.
The Chief Clerk shall prescribe the form of all such reports
and make such forms available to those persons required to file
such reports. Such report form shall include:
(1) As to personnel:
(a) The name, home address, job title, brief description
of duties and where they are performed, department or member
or members to whom assigned, the name of immediate supervisor
and minimum hours of employment per week of each employee.
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(b) The appropriation account from which such employee
is compensated, the amount of compensation and whether such
person is on salary, per diem or contract.
(2) As to all other expenditures:
(a) To whom it was paid, the amount thereof, and the
nature of the goods, services or other purpose for which the
expenditure was made.
(b) The appropriation account from which the expenditure
was made and the name or names of the person or persons
requesting and/or authorizing the same.
The reporting requirements as to personnel may be fulfilled
by the maintenance in the Office of the Chief Clerk of the House
of an alphabetized file containing the current information for
each employee as set forth above.
All monthly reports filed on disbursements made or debts
incurred by any officer or member or employee from
appropriations made to the House or to a member or nonmember
officer under any General Appropriation Act, and the
documentation for each disbursement, shall be public information
and shall be available in accordance with the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
All vouchers and requisitions relating to all expenditures,
expenses, disbursements and other obligations out of all
appropriated funds of the House, and the documentation
evidencing payment of the vouchers and requisitions, shall be
available in accordance with the Right-to-Know Law.
All requests for reimbursement out of any appropriation shall
be accompanied by a voucher, or other documents where required,
evidencing payment or approval. All requests for reimbursement
out of any appropriation payable to a member, nonmember officer
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or employee shall be void if not submitted within [90] 60 days
of the date that the otherwise allowable expense is incurred for
any and all otherwise allowable expenses, including without
limitation, per diem, mileage and actual expenses incurred. Any
such void request for reimbursement may not be paid except
pursuant to a motion to suspend this rule for good cause
specific to the voided request for reimbursement. In no event
shall any payment or reimbursement be made for any otherwise
allowable expense incurred on or before March 12, 2007. The
voucher form shall be approved and supplied by the Chief Clerk.
Receipts or documentation of every expenditure or disbursement
which is in excess of the maximum amount as set forth herein
shall be attached to the voucher. Where a request for payment is
made in advance of an expense actually incurred, the Chief
Clerk, before making such advance payment shall require a
description satisfactory to the Chief Clerk of the item or
service to be purchased or the expense to be incurred, and a
receipt or other documentation shall be given to the Chief Clerk
after the item or service has been purchased or expense incurred
as evidence that such advancement was in fact expended for such
purpose.
All reports, vouchers and receipts from which reports are
prepared and filed shall be retained by the Chief Clerk, officer
or member, as the case may be, for such period of time as may be
necessary to enable the Legislative Audit Advisory Commission
created pursuant to the act of June 30, 1970 (P.L.442, No.151),
entitled "An act implementing the provisions of Article VIII,
section 10 of the Constitution of Pennsylvania, by designating
the Commonwealth officers who shall be charged with the function
of auditing the financial transactions after the occurrence
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thereof of the Legislative and Judicial branches of the
government of the Commonwealth, establishing a Legislative Audit
Advisory Commission, and imposing certain powers and duties on
such commission," to conduct, through certified public
accountants appointed by it, annual audits to assure that such
disbursements made or debts incurred were in accordance with
Legislative Audit Advisory Commission guidelines and standards
as approved by the Committee on Rules, or for a minimum of three
years, whichever is longer. All annual audit reports shall be
available for public inspection. Photocopies of such reports
shall be available for a fee established by the Chief Clerk not
to exceed the cost of duplication.
Except as specifically prohibited by law or limited by this
rule, all expenditures of funds appropriated to the House or to
a member or nonmember officer shall be subject to the
expenditure guidelines established by the Rules Committee. The
Rules Committee shall establish standards regarding
documentation evidencing payment out of any appropriations
account made to the House or to a member or nonmember officer.
The Bipartisan Management Committee shall receive and review
suggestions from the Comptroller on ways to reduce costs and
improve the fiscal operations of the House. The Comptroller,
following authorization by the Bipartisan Management Committee,
shall implement cost-reducing and other new measures to improve
the fiscal operations of the House.
* * *
RULE 19 (a)
Fiscal Notes
(1) No bill, except a General Appropriation bill or any
amendments thereto, which may require an expenditure of
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Commonwealth funds or funds of any political subdivision or
which may entail a loss of revenues overall, or to any
separately established fund shall be given third consideration
reading on the calendar until it has first been referred to the
Appropriations Committee for a fiscal note, provided however
that the Rules Committee may by an affirmative vote of three-
quarters of the entire membership to which such committee is
entitled:
(a) Waive the recommittal to the Appropriations
Committee and provide that the fiscal note be attached to the
bill while on the active calendar. The providing of such note
shall be a priority item for the Appropriations Committee; or
(b) Waive the necessity of a fiscal note on any bill
which it deems to have a de minimis fiscal impact or which
merely authorizes, rather than mandates, an increase in
expenditures or an action that would result in a loss of
revenue.
(2) Nothing herein shall preclude any member from moving, at
the proper time, the recommittal of any bill to the
Appropriations Committee for a fiscal note.
(3) The Appropriations Committee shall be limited in its
consideration of any such bill which has received second
consideration to the fiscal aspects of the bill and shall not
consider the substantive merits of the bill nor refuse to report
any such bill from committee for reasons other than fiscal
aspects. The fiscal note shall accompany the bill and provide
the following information in connection with the Commonwealth
and its political subdivisions:
(a) The designation of the fund out of which the
appropriation providing for expenditures under the bill shall
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be made;
(b) The probable cost of the bill for the fiscal year of
its enactment;
(c) A projected cost estimate of the program for each of
the five succeeding fiscal years;
(d) The fiscal history of the program for which
expenditures are to be made;
(e) The probable loss of revenue from the bill for the
fiscal year of its enactment;
(f) A projected loss of revenue estimate from the bill
for each of the five succeeding fiscal years;
(g) The line item, if any, of the General Fund, special
fund or other account out of which expenditures or losses of
Commonwealth funds shall occur as a result of the bill;
(h) The recommendation, if any, of the Appropriations
Committee and the reasons therefor relative to the passage or
defeat of the bill; and
(i) A reference to the source of the data from which the
foregoing fiscal information was obtained, and an explanation
of the basis upon which it is computed.
(4) No bill which may result in an increase in the
expenditure of Commonwealth funds shall be given third
consideration reading on the calendar until the Appropriations
Committee has certified that provision has been made to
appropriate funds equal to such increased expenditure. Whenever
the Appropriations Committee cannot so certify, the bill shall
be returned to the committee from which it was last reported for
further consideration and/or amendment.
(5) No amendment to a bill, concurrences in Senate
amendments, or adoption of a conference report which may result
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in an increase in the expenditure of Commonwealth funds or those
of a political subdivision or which may entail a loss of
revenues in addition to that originally provided for in the bill
prior to the proposed changes nor any bill requiring a fiscal
note for which re-referral to the Appropriations Committee has
been waived by the Rules Committee shall be voted upon until a
fiscal note is available for distribution to the members with
respect to such changes or to such bill showing the fiscal
effect of the changes with respect to the bill, and containing
the information set forth by subsection (3) of this rule.
(6) When an amendment or certificate is timely filed with
the amendment clerk under Rule 21, the amendment or certificate
shall be forwarded to the Appropriations Committee. Upon receipt
of an amendment, the Appropriations Committee shall
automatically prepare a fiscal note.
(7) In obtaining the information required by these rules,
the Appropriations Committee may utilize the services of the
Office of the Budget and any other State agency as may be
necessary.
(8) Any bill proposing any change relative to the retirement
system of the Commonwealth or any political subdivision thereof,
funded in whole or in part out of the public funds of the
Commonwealth or any political subdivision, shall have attached
to it an actuarial note. Except for the provisions pertaining to
the content of fiscal notes as set forth in paragraphs (a)
through (i) of subsection (3), all the provisions pertaining to
and procedures required of bills containing fiscal notes, shall,
where applicable, also be required for bills containing
actuarial note. The actuarial note shall contain a brief
explanatory statement or note which shall include a reliable
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estimate of the financial and actuarial effect of the proposed
change in any such retirement system.
* * *
RULE 35
House and Concurrent Resolutions
Members introducing resolutions other than concurrent
resolutions shall file five copies thereof; seven copies of
concurrent resolutions shall be filed. All resolutions shall be
signed by their sponsors, dated and filed with the Chief Clerk.
After being numbered, one copy of all resolutions shall be given
to the news media and all other copies delivered to the Speaker.
A sponsor may not be added or withdrawn after a resolution has
been printed. Resolutions may not be withdrawn after reference
to a committee.
Unless privileged under Rule 36 for immediate consideration
or deemed noncontroversial by the Speaker in consultation with
the Majority Leader and the Minority Leader, the Speaker shall
refer House resolutions (except discharge resolutions) and
Senate resolutions presented to the House for concurrence to
appropriate committees.
House resolutions deemed noncontroversial [by the Speaker],
including, but not limited to, condolence and congratulatory
resolutions, shall be considered under the proper order of
business on the same day as introduced or within two legislative
days thereafter without being referred to committee. The
Speaker, in consultation with the Majority Leader and the
Minority Leader, shall place noncontroversial resolutions,
except condolence or congratulatory resolutions, on an
uncontested resolution calendar. Resolutions on the uncontested
calendar may be voted by a single roll-call vote. Each
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resolution listed on the uncontested resolution calendar shall
be printed separately in the journal with the vote recorded on
the approval of the uncontested calendar as the vote on final
passage of each resolution contained therein.
The Speaker shall report to the House the committees to which
resolutions have been referred, either on the day introduced or
received or the next two legislative days the House is in
session.
A resolution introduced in the House and referred to
committee shall be printed and placed in the House files.
When a resolution (House or Senate) is reported from
committee, it shall be placed on the calendar and may be called
up by a member for consideration by the House under the order of
business of resolutions. A House resolution other than a
concurrent or joint resolution shall be adopted by a majority of
the members voting.
* * *
RULE 43
Standing Committees and Subcommittees
The Committee on Committees shall consist of the Speaker and
15 members of the House, ten of whom shall be members of the
majority party and five of whom shall be members of the minority
party, whose duty shall be to recommend to the House the names
of members who are to serve on the standing committees of the
House. Except for the Speaker, the Majority and Minority
Leaders, Whips, Caucus Chairs, Caucus Secretaries, Caucus
Administrators, Policy Chairs and the chairs and minority chairs
of standing committees, each member shall be entitled to serve
on not less than two standing committees.
The Speaker shall appoint the chair and vice-chair of each
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standing committee when such standing committee has no standing
subcommittees as prescribed herein, except the Committee on
Appropriations which shall also have a vice-chair appointed by
the Speaker; when the standing committee has standing
subcommittees, the Speaker shall appoint a subcommittee chair
for each standing subcommittee. The Speaker shall appoint a
secretary for each standing committee. The Minority Leader shall
appoint the minority chair, minority vice-chair and minority
secretary of each standing committee and the minority
subcommittee chair for each standing subcommittee.
Except for members who decline chair status or minority chair
status in writing or who are barred from serving as a chair or
minority chair under this rule, the chair and minority chair of
each standing committee except the Appropriations Committee
shall be limited only to the members of the applicable caucus
with the most seniority as members of their respective caucus.
Whenever there are more caucus members with equal seniority than
available chairs or minority chairs for that caucus, the
selection of a chair or minority chair from among such caucus
members shall be in the discretion of the appointing authority.
The appointing authority may designate the standing committee to
which the appointing authority shall appoint a member as chair
or minority chair without regard to seniority. The Speaker and
the Floor Leader, Whip, Caucus Chair, Caucus Secretary, Caucus
Administrator and Policy Chair of the majority party and
minority party shall not be eligible to serve as chair or
minority chair of any standing committee and no member may serve
as chair or minority chair of more than one standing committee.
Any chair or minority chair held by a member who fails to
meet the requirements of this rule shall become vacant by
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automatic operation of this rule. If the appointing authority
fails to make an appointment of a chair or minority chair prior
to the organizational meeting of a standing committee or fails
to fill a vacancy within seven calendar days after it occurs,
such position shall be deemed to remain vacant in violation of
this rule. Whenever a chair or minority chair becomes vacant or
remains vacant in violation of this rule, the member of the
applicable caucus who meets the requirements of this rule shall
automatically fill the vacancy and, if there are two or more
such eligible caucus members for any such vacancy or vacancies,
they shall be filled from among such eligible members through a
lottery to be conducted under the supervision of the Chief Clerk
after giving notice of the time and place thereof to all
eligible members, to the Speaker, to the Majority Leader and to
the Minority Leader.
Nothing in this rule shall prohibit the appointing authority
from transferring a member from the chair or minority chair of a
standing committee to the chair or minority chair of another
standing committee.
Whenever the appointment of a chair or minority chair will
cause the applicable caucus to exceed its permissible allocation
of members on a standing committee, the appointing authority
shall make a temporary transfer of an eligible committee member
to the standing committee vacated by the member appointed as
chair or minority chair until a regular committee appointment
can be made in accordance with the rules of the House. If the
Speaker or Minority Leader fails to make a temporary transfer
within seven calendar days after such appointment, the committee
member with the least seniority, who is eligible for transfer,
shall be automatically transferred to the committee vacated by
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the newly appointed chair or minority chair and, if more than
one committee member is eligible for such transfer, the transfer
shall be implemented through a lottery conducted under the
supervision of the Chief Clerk.
The Speaker of the House, Floor Leader of the majority party
and the Floor Leader of the minority party shall be ex-officio
members of all standing committees, without the right to vote
and they shall be excluded from any limitation as to the number
of members on the committees or in counting a quorum.
Twenty-four standing committees of the House, each to consist
of [26] 25 members except the Committee on Appropriations, which
shall consist of 35 members, are hereby created. In addition,
there are hereby created 46 standing subcommittees.
All standing committees shall consist of 15 members of the
majority party and [11] 10 members of the minority party, except
the Committee on Appropriations which shall consist of 21
members of the majority party and 14 members of the minority
party. The quorum for each of the standing committees and
subcommittees shall be no less than the majority of said
committees. The following are the standing committees and
subcommittees thereof:
(1) Aging and Older Adult Services
(a) Subcommittee on Care and Services
(b) Subcommittee on Programs and Benefits
(2) Agriculture and Rural Affairs
(3) Appropriations
(a) Subcommittee on Health and Welfare
(b) Subcommittee on Education
(c) Subcommittee on Economic Impact and Infrastructure
(d) Subcommittee on Fiscal Policy
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(e) Subcommittee on Criminal Justice
(4) Children and Youth
(5) Commerce
(a) Subcommittee on Financial Services and Banking
(b) Subcommittee on Housing
(c) Subcommittee on Economic Development
(d) Subcommittee on Small Business
(6) Consumer Affairs
(a) Subcommittee on Public Utilities
(b) Subcommittee on Telecommunications
(7) Education
(a) Subcommittee on Basic Education
(b) Subcommittee on Higher Education
(c) Subcommittee on Special Education
(8) Environmental Resources and Energy
(a) Subcommittee on Energy
(b) Subcommittee on Mining
(c) Subcommittee on Parks and Forests
(9) Finance
(10) Game and Fisheries
(11) Gaming Oversight
(12) Health [and Human Services]
(a) Subcommittee on Health Facilities
[(b) Subcommittee on Human Services
(c) Subcommittee on Drugs and Alcohol
(d) Subcommittee on Mental Health]
(b) Subcommittee on Health Care
(13) Human Services
(a) Subcommittee on Mental Health
(b) Subcommittee on Drugs and Alcohol
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[(13)] (14) Insurance
[(14)] (15) Judiciary
(a) Subcommittee on Crime and Corrections
(b) Subcommittee on Courts
(c) Subcommittee on Family Law
[(15) Intergovernmental Affairs
(a) Subcommittee on Information Technology
(b) Subcommittee on Federal-State Relations]
(16) Labor [Relations] and Industry
(17) Liquor Control
(a) Subcommittee on Licensing
(b) Subcommittee on Marketing
(18) Local Government
(a) Subcommittee on Boroughs
(b) Subcommittee on Counties
(c) Subcommittee on Townships
(19) Professional Licensure
(20) State Government
(a) Subcommittee on Government Operations
(b) Subcommittee on Federal-State Relations
(21) Tourism and Recreational Development
(a) Subcommittee on Arts and Entertainment
(b) Subcommittee on Recreation
(c) Subcommittee on Travel Promotion, History and
Heritage
(22) Transportation
(a) Subcommittee on Highways
(b) Subcommittee on Public Transportation
(c) Subcommittee on Transportation Safety
(d) Subcommittee on Aviation
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(e) Subcommittee on Railroads
(23) Urban Affairs
(a) Subcommittee on Cities, Counties - First Class
(b) Subcommittee on Cities, Counties - Second Class
(c) Subcommittee on Cities, Third Class
(24) Veterans Affairs and Emergency Preparedness
(a) Subcommittee on Military and Veterans Facilities
(b) Subcommittee on Security and Emergency Response
Readiness
RULE 44
Organization of Standing Committees
and Subcommittees
The membership of each standing committee shall first meet
upon the call of its chair and perfect its organization. A
majority of the members to which each standing committee is
entitled shall constitute a quorum for it to proceed to
business. Each standing committee shall have the power to
promulgate rules not inconsistent with these rules which may be
necessary for the orderly conduct of its business.
Where a standing committee has standing subcommittees as
prescribed by Rule 43, the membership on such standing
subcommittees shall be appointed by the Committee on Committees
after consultation with each chair of a standing committee of
which the standing subcommittee is a part. Each standing
subcommittee shall consist of the chair of its parent standing
committee, as an ex-officio member, the chair of the standing
subcommittee, and five other members from the parent standing
committee to be appointed by the Committee on Committees, three
from among the majority party after consultation with the
Majority Leader and two from among the minority party after
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consultation with the Minority Leader. Where it is deemed
advisable that the membership of any standing subcommittee be of
greater number than that prescribed herein, the Committee on
Committees may appoint additional members of the standing
committee from the majority or minority party to serve on such
standing subcommittee. The number of additional members selected
should be such as to maintain, as far as is practicable, a ratio
in majority and minority party membership which affords a fair
and reasonable representation to the minority party on the
standing subcommittee.
The chair and the minority chair of each standing committee
shall be ex-officio members of each standing subcommittee which
is part of the parent standing committee, with the right to
attend standing subcommittee meetings and vote on any matter
before such standing subcommittee.
A majority of the members of each standing subcommittee shall
constitute a quorum for the proper conduct of its business. Each
standing subcommittee may promulgate such rules necessary for
the conduct of its business which are not inconsistent with the
rules of its parent standing committee or the Rules of the
House.
When the chair of a standing committee has referred a bill,
resolution or other matter to a standing subcommittee, the power
and control over such bill, resolution or other matter shall
then reside in such subcommittee for a reasonable period of time
thereafter in order that such subcommittee may consider the
bill, resolution or other matter and return the same to its
standing committee with its recommendations as to the action
which ought to be taken on such bill, resolution or other
matter.
- 22 -
Each standing subcommittee, within a reasonable time after it
has received a bill, resolution or other matter, shall meet as a
committee for the purpose of considering the same and returning
the bill, resolution or other matter back to its parent standing
committee with a subcommittee report as to what action it
recommends. The report of the subcommittee on a bill, resolution
or other matter being returned to the standing committee shall
contain one of the following recommendations:
(1) that the bill, resolution or other matter in its present
form be reported to the House,
(2) that the bill, resolution, or other matter not be
reported to the House,
(3) that the bill, resolution or other matter be reported to
the House, with recommendations for amendments,
(4) that the bill, resolution or other matter is returned
without recommendations.
When a standing committee receives reports from its
subcommittees, it shall consider the same and by majority vote
of the members of the standing committee either approve or
disapprove such report. If disapproved, the standing committee
may then determine by a majority vote of its members what
further action, if any, should be taken on such bill, resolution
or other matter.
Where no action has been taken by a standing subcommittee on
a bill, resolution or other matter referred to it, and the chair
of the standing committee considers that such subcommittee has
had reasonable time to consider the bill, resolution or other
matter and return the same to its parent standing committee, the
subcommittee chair shall then forthwith surrender and forward
the same, together with all documents or papers pertaining
- 23 -
thereto, to the standing committee.
In the event that a chair of a standing committee is absent,
the following rules shall apply in the following order of
precedence:
(1) If such standing committee has [no subcommittee
prescribed by this rule] a vice-chair, the vice-chair of the
standing committee shall act as chair of the committee meetings.
(2) If such standing committee has only one subcommittee,
the subcommittee chair shall act as chair of the standing
committee.
(3) If the standing committee has more than one
subcommittee, the subcommittee chair with the longest
consecutive legislative service shall act as chair of the
standing committee, except where the subcommittee chairs have
equal legislative service, in which case the Speaker of the
House shall designate one of the subcommittee chairs to act as
chair of the standing committee.
In case of absence of a subcommittee chair, the chair of the
appropriate standing committee shall designate one member from
either the standing committee or subcommittee to act as chair of
the subcommittee.
RULE 45
Powers and Duties of Standing Committees
and Subcommittees
The chair of each standing committee and subcommittee shall
fix regular weekly, biweekly or monthly meeting days for the
transaction of business before the committee or subcommittee.
The chair of the committee or subcommittee shall notify all
members, at least 24 hours in advance of the date, time and
place of regular meetings, and, insofar as possible, the
- 24 -
subjects on the agenda. In addition to regular meetings, special
meetings may be called from time to time by the chair of the
committee or subcommittee as they deem necessary. No recess or
combination of recesses shall exceed 48 hours for any committee
meeting or subcommittee meeting. No committee shall meet during
any session of the House without first obtaining permission of
the Speaker. During any such meeting, no vote shall be taken on
the Floor of the House on any amendment, recommittal motion,
final passage of any bill, or any other matter requiring a roll
call vote. Any committee meeting called off the Floor of the
House shall meet in a committee room. In addition to the
specific provisions of this rule, all provisions of 65 Pa.C.S.
Ch. 7 (relating to open meetings) relative to notice of meetings
shall be complied with.
At regularly scheduled meetings, or upon the call of the
chair, or subcommittee chair, for special meetings, the
membership of such committees shall meet to consider any bill,
resolution, or other matter on the agenda. The secretary of each
standing committee, or in case of subcommittees a secretary
designated by the subcommittee chair, shall record:
(1) the minutes of the meeting,
(2) all votes taken,
(3) a roll or attendance of members at standing committee or
subcommittee meetings showing the names of those present, absent
or excused from attendance, and the majority and minority chairs
or their designees shall verify by their signatures all votes
taken and the roll or attendance of those members present,
absent or excused before said records are submitted to the Chief
Clerk, and
(4) dispatch of bills and resolutions before the committee.
- 25 -
Such records shall be open to public inspection. On the first
legislative day of each week the House is in session, the chair
of each standing committee shall submit to the Chief Clerk for
inclusion in the House Journal only, the roll or record of
attendance of members at standing committee or subcommittee
meetings held prior thereto and not yet reported, along with the
record of all votes taken at such meetings. All reports from
standing committees shall be prepared in writing by the
secretary of the committee. Members of a standing committee may
prepare in writing and file a minority report, setting forth the
reasons for their dissent. Such committee reports shall be filed
with the Chief Clerk within five days of the meeting. All
meetings at which formal action is taken by a standing committee
or subcommittee shall be open to the public, making such reports
as are required under Rule 44. When any member, except for an
excused absence, fails to attend five consecutive regular
meetings of his or her committee, the chair of that committee or
subcommittee shall notify the member of that fact and, if the
member in question fails to reasonably justify absences to the
satisfaction of a majority of the membership of the standing
committee of which he or she is a member, membership on the
committee or subcommittee shall be deemed vacant and the chair
of the standing committee shall notify the Speaker of the House
to that effect. Such vacancy shall then be filled in the manner
prescribed by these rules.
Whenever the chair of any standing committee shall refuse to
call a regular meeting, then a majority of the members of the
standing committee may vote to call a meeting by giving two days
written notice to the Speaker of the House, setting the time and
place for such meeting. Such notice shall be read in the House
- 26 -
and the same posted by the Chief Clerk in the House Chamber.
Thereafter, the meeting shall be held at the time and place
specified in the notice. In addition, all provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of
meetings shall be complied with.
Records, bills and other papers in the possession of
committees and subcommittees, upon final adjournment of the
House shall be filed with the Chief Clerk.
No committee report, except a report of the Appropriations
Committee, shall be recognized by the House, unless the same has
been acted upon by a majority vote of the members of a standing
committee present at a committee session actually assembled and
meeting as a committee, provided such majority vote numbers at
least [12] 11 members, and provided further a quorum is present.
No committee report of the Appropriations Committee shall be
recognized by the House, unless the same has been acted upon by
a majority vote of the members of such committee present at a
committee session actually assembled and meeting as a committee,
provided such majority vote numbers at least 16 members, and
provided further a quorum is present.
No proxy voting shall be permitted in committee, except as
provided for herein. If a member reports to a scheduled
committee meeting and advises the chair and other members of a
conflicting committee meeting or other legislative meeting which
he or she must attend on the same day, the member is authorized
to give the chair or minority chair his or her proxy in writing
which shall be valid only for that day and which shall include
written instructions for the exercise of such proxy by the chair
or minority chair during the meeting. The member should also
advise the chair where he or she can be reached. In the event
- 27 -
the conflicting committee meeting or other legislative meeting
is scheduled to convene at the same time or prior to the meeting
at which a member desires to vote by proxy, such proxy shall be
delivered by the member in person to the offices of both the
chair and minority chair prior to, but on the same day as, the
conflicting meetings.
When the majority 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. Upon failure of
the chair to comply with such request, the membership may
require that such bill be considered by written motion made and
approved by a majority vote of the entire membership to which
such committee is entitled.
Whenever the phrase "majority of members of a standing
committee or subcommittee" is used in these rules, it shall mean
majority of the entire membership to which a standing committee
or subcommittee is entitled, unless the context thereof
indicates a different intent.
To assist the House in appraising the administration of the
laws and in developing such amendments or related legislation as
it may deem necessary, each standing committee or subcommittee
of the House shall exercise continuous watchfulness of the
execution by the administrative agencies concerned of any laws,
the subject matter of which is within the jurisdiction of such
committee or subcommittee; and, for that purpose, shall study
all pertinent reports and data submitted to the House by the
agencies in the executive branch of the Government.
The Committee on Appropriations shall have the power to issue
- 28 -
subpoenas under the hand and seal of its chair commanding any
person to appear before it and answer questions touching matters
properly being inquired into by the committee, which matters
shall include data from any fund administered by the
Commonwealth, and to produce such books, papers, records,
documents and data and information produced and stored by any
electronic data processing system as the committee deems
necessary. Such subpoenas may be served upon any person and
shall have the force and effect of subpoenas issued out of the
courts of this Commonwealth. Any person who willfully neglects
or refuses to testify before the committee or to produce any
books, papers, records, documents or data and information
produced and stored by any electronic data processing system
shall be subject to the penalties provided by the laws of the
Commonwealth in such case. Each member of the committee shall
have power to administer oaths and affirmations to witnesses
appearing before the committee. The committee may also cause the
deposition of witnesses either residing within or without the
State to be taken in the manner prescribed by law for taking
depositions in civil actions.
* * *
RULE 47
Ethics Committee
As used in the context of this rule, the word "committee"
shall mean the Committee on Ethics of the House of
Representatives, and the phrase "majority of the committee"
shall mean a majority of the members to which the committee is
entitled.
The committee shall consist of eight members: four of whom
shall be members of the majority party appointed by the Speaker,
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and four of whom shall be members of the minority party
appointed by the Minority Leader. The Speaker shall appoint from
the members a chair, vice chair and secretary for the committee.
The chair shall be a member of the majority party and the vice
chair shall be a member of the minority party.
The chair shall notify all members of the committee at least
24 hours in advance of the date, time and place of a regular
meeting. Whenever the chair shall refuse to call a regular
meeting, a majority of the committee may vote to call a meeting
by giving two days' written notice to the Speaker of the House
setting forth the time and place for such meeting. Such notice
shall be read in the House and posted in the House Chamber by
the Chief Clerk, or a designee. Thereafter, the meeting shall be
held at the time and place specified in such notice.
The committee shall compile and distribute a Members'
Handbook on Ethics to advise members, officers and employees of
the House on matters regarding conflicts of interest, and
nonfeasance, malfeasance and misfeasance in legislative duties.
Each member shall be required to complete two hours of ethics
education and training each legislative term. For the purposes
of this rule, a member shall be excused from one hour of ethics
training for any full year the member was absent due to illness,
injury, military service or any other permissible excuse under
Rule 64(a). The committee shall be responsible for planning and
offering ethics education programs.
The committee shall conduct its investigations, hearings and
meetings relating to a specific investigation or a specific
member, officer or employee of the House in closed session and
the fact that such investigation is being conducted or to be
conducted or that hearings or such meetings are being held or
- 30 -
are to be held shall be confidential information unless the
person subject to investigation advises the committee in writing
that he or she elects that such hearings shall be held publicly.
In the event of such an election, the committee shall furnish
such person a public hearing. All other meetings of the
committee shall be open to the public.
The committee shall receive complaints against members,
officers and employees of the House, and persons registered or
carrying on activities regulated by 65 Pa.C.S. Ch. 13A (relating
to lobbying disclosure), alleging illegal or unethical conduct.
Any such complaint must be in writing sworn or affirmed to by
the person filing the complaint under penalty of law under 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) and must set forth in detail the conduct in
question and the section of the "Legislative Code of Ethics,"
the provision of 65 Pa.C.S. Ch. 13A, the Ethical Conduct Rules
of the House of Representatives or the House rule violated. As a
general rule, no person shall disclose or acknowledge to any
other person any information relating to the filing of a
complaint, except as otherwise authorized under this rule or to
carry out a function of the committee. The committee shall make
a preliminary investigation of the complaint, and if it is
determined by a majority of the committee that a violation of
the rule or law may have occurred, the person against whom the
complaint has been brought shall be notified in writing and
given a copy of the complaint. If at any time a majority of the
committee determines that the complaint was a "frivolous
complaint" as defined under 65 Pa.C.S. § 1102 (relating to
definitions), or made without probable cause and primarily for a
purpose other than that of reporting illegal or unethical
- 31 -
conduct, then the committee shall notify the complainant and the
person against whom the complaint has been brought of such
determination. Within 15 days after receipt of the complaint,
such person may file a written answer thereto with the
committee. Upon receipt of the answer, by vote of a majority of
the committee, the committee shall either dismiss the complaint
within ten days or proceed with a formal investigation, to
include hearings, not less than ten days nor more than 30 days
after notice in writing to the persons so charged. Failure of
the person charged to file an answer shall not be deemed to be
an admission or create an inference or presumption that the
complaint is true, and such failure to file an answer shall not
prohibit a majority of the committee from either proceeding with
a formal investigation or dismissing the complaint.
A majority of the committee may initiate a preliminary
investigation of the suspected violation of [a] the Legislative
Code of Ethics, 65 Pa.C.S. Ch. 13A, the Ethical Conduct Rules of
the House of Representatives or a House rule by a member,
officer or employee of the House or lobbyist. If it is
determined by a majority of the committee that a violation of a
rule or law may have occurred, the person in question shall be
notified in writing of the conduct in question and the section
of the "Legislative Code of Ethics," the provision of 65 Pa.C.S.
Ch. 13A, the Ethical Conduct Rules of the House of
Representatives or the House rule violated. Within 15 days, such
person may file a written answer thereto. Upon receipt of the
answer, by vote of a majority of the committee, the committee
shall either dismiss the charges within ten days or proceed with
a formal investigation, to include hearings, not less than ten
days nor more than 30 days after notice in writing to the person
- 32 -
so charged. Failure of the person charged to file an answer
shall not be deemed to be an admission or create an inference or
presumption that the charge is true, and such failure to file an
answer shall not prohibit a majority of the committee from
either proceeding with a formal investigation or dismissing the
charge.
In the event that the committee shall elect to proceed with a
formal investigation of the conduct of any member, officer or
employee of the House, the committee shall employ independent
counsel who shall not be employed by the House for any other
purpose or in any other capacity during such investigation.
All constitutional rights of any person under investigation
shall be preserved, and such person shall be entitled to present
evidence, cross-examine witnesses, face his or her accuser, and
be represented by counsel.
The chair may continue any hearing for reasonable cause, and
upon the vote of a majority of the committee or upon the request
of the person 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 committee may
administer oaths or affirmations and examine and receive
evidence.
All testimony, documents, records, data, statements or
information received by the committee in the course of any
investigation shall be private and confidential except in the
case of public hearings or in a report to the House. No report
shall be made to the House unless a majority of the committee
has made a finding of unethical or illegal conduct on the part
of the person under investigation. No finding of unethical or
- 33 -
illegal conduct shall be valid unless signed by at least a
majority of the committee. Any such report may include a
minority report. The committee shall have the authority to
recommend to the House action as appropriate. No action shall be
taken by the House on any finding of illegal or unethical
conduct nor shall such finding or report containing such finding
be made public sooner than seven days after a copy of the
finding is sent by certified mail to the member, officer or
employee under investigation.
The committee may meet with a committee of the Senate to hold
investigations or hearings involving employees of the two houses
jointly or officers or employees of the Legislative Reference
Bureau, the Joint State Government Commission, the Local
Government Commission, the Legislative Budget and Finance
Committee and the Legislative Data Processing Committee;
provided, however, that no action may be taken at a joint
meeting unless it is approved by a majority of the committee.
In the event that a member of the committee shall be under
investigation, such member shall be temporarily replaced on the
committee in a like manner as said member's original
appointment.
The committee, at the request of a member, officer or
employee concerned about an ethical problem relating to the
member, officer or employee alone or in conjunction with others,
may render advisory opinions with regard to questions pertaining
to legislative ethics or decorum. Such advisory opinions shall
be confidential and shall apply exclusively to the requestor. No
requestor who acts in good faith on an advisory opinion issued
to that requestor by the Ethics Committee shall be subject to
any sanctions for so acting if the material facts are as stated
- 34 -
in the advisory opinion request.
A member shall not create, maintain or cause to be created or
maintained a legislative nonprofit organization. A "legislative
nonprofit organization" means a nonprofit corporation or other
entity 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 a member for the use
at the direction or discretion of the member. The Ethics
Committee shall issue to any member upon the member's request a
legislative nonprofit organization opinion with respect to the
member's duties under this rule. The Ethics Committee shall,
within 14 days, issue the legislative nonprofit organization
opinion. No member who acts in good faith on a legislative
nonprofit organization opinion issued to that member by the
Ethics Committee shall be subject to any sanctions for so acting
if the material facts are as stated in the legislative nonprofit
organization opinion request. The Ethics Committee's legislative
nonprofit organization opinions shall be public records and may
from time to time be published, except that the member
requesting the legislative nonprofit organization opinion may
require that the legislative nonprofit organization opinion
contain deletions and changes necessary to protect the identity
of the persons involved.
Any member of the committee breaching the confidentiality of
materials and events as set forth in this rule shall be removed
immediately from the committee and replaced by another member of
the House in a like manner as said member's original
appointment.
The committee may adopt rules of procedure for the orderly
conduct of its affairs, investigations, hearings and meetings,
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which rules are not inconsistent with this rule.
The committee shall continue to exist and have authority and
power to function after the sine die adjournment of the General
Assembly and shall so continue until the expiration of the then
current term of office of the members of the committee.
* * *
RULE 64 (a)
Chronic Absenteeism
For purposes of this rule the term "chronic absenteeism"
shall mean the unexcused absence of a representative for a
period of five consecutive legislative days from official
sessions of the House of Representatives or the absence of a
committee member for a period of five consecutive days from an
assigned committee meeting which meeting qualifies as a regular
committee meeting under the rules of the House of
Representatives and the Sunshine Law of the Commonwealth.
Any representative who is absent without excuse from regular
House sessions for a period of five consecutive legislative days
or is absent for a period of five consecutive committee meetings
shall be deemed a chronic absentee and may, on a vote of the
full House, be held in contempt of this House upon motion of
five members of the House for chronic absence from regular House
sessions and by motion of three members of the standing
committee of the House to which such representative is assigned
for chronic absence from regularly scheduled committee meetings.
The term "chronic absenteeism" shall not include:
(1) Absence due to the personal illness or bodily injury of
a representative.
(2) Absence due to personal illness or bodily injury of a
member of the immediate family of the representative.
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(3) Death to a member of the immediate family of a
representative.
(4) Absence due to military service.
[(4)] (5) Any excused absence approved by the House pursuant
to its rules.
* * *
RESOLVED, That the Rules of the House of Representatives be
amended by adding rules to read:
ETHICAL CONDUCT RULES OF
THE HOUSE OF REPRESENTATIVES
RULE 1 E
Definitions
The following words and phrases when used in the Ethical
Conduct Rules of the House of Representatives shall have the
meanings given to them in this Rule unless the context clearly
indicates otherwise:
"Campaign." An effort organized in support of or opposition
to the nomination, election or re-election of an individual to
elective office.
"Campaign activity." An activity on behalf of a candidate,
political party, political committee, campaign, campaign
committee, political organization or political body which is
intended to influence the outcome of an election, including any
of the following:
(1) Organizing a campaign meeting, campaign rally or
other campaign event, including a fund-raiser where campaign
contributions are solicited or received.
(2) Preparing or completing responses to questionnaires
that are intended primarily for campaign use.
(3) Preparing, reviewing or filing a campaign finance
- 37 -
report.
(4) Conducting background research on a candidate or an
elected official to be used or intended to be used to
influence the outcome of an election.
(5) Preparing, conducting or participating in campaign
polling.
(6) Preparing, circulating or filing a candidate
nominating petition or papers.
(7) Participating in, preparing, reviewing or filing a
legal challenge to a nominating petition or papers.
(8) Preparing, distributing or mailing campaign
literature, campaign signs or other campaign material on
behalf of or in opposition to any candidate.
(9) Managing a campaign.
(10) Participating in, preparing, reviewing or filing
documents in a recount, challenge or contest of an election.
(11) Posting campaign-related information on a website
or social media website.
(12) Soliciting an individual's vote for a candidate.
(13) Working at a polling place.
"Campaign contribution." A monetary or in-kind contribution
made to a candidate or a campaign.
"Campaign polling." The preparation, compilation, collection
or gathering of information, including focus groups and surveys,
reflecting public opinion as to an elected official, group of
elected officials, candidate, group of candidates, political
party, political committee, campaign, campaign committee,
political organization or political body that is intended to be
used for the purpose of supporting or opposing the nomination,
election or re-election of an individual to elective office.
- 38 -
"Candidate." An individual seeking nomination, election or
re-election to an elective office.
"De minimus." An economic consequence which has an
insignificant effect.
"Elected official." An individual elected by the public to
serve a term in an elective office. The term shall include an
individual appointed to fill an unexpired term in an elective
office.
"Election." A general, special, municipal or primary
election, including elections at which a candidate for elective
office in a Federal governmental body is on the ballot.
"Elective office." A position in a governmental body to
which an individual is required under the Constitution of
Pennsylvania, the Constitution of the United States or by law to
be elected by the public.
"House employee." A person employed by the Office of the
Speaker of the House of Representatives, the House Republican
Caucus or the House Democratic Caucus.
"House office." Legislative offices and work spaces,
including:
(1) An office assigned to a Member for the conduct of
legislative duties, wherever located.
(2) House conference or meeting rooms located in the
Capitol complex.
(3) A legislative district office.
"House resources." House-owned or House-leased equipment
including telephones, computer hardware or software, copiers,
scanners, fax machines, file cabinets or other office furniture,
cell phones, personal digital assistants or similar electronic
devices, and office supplies.
- 39 -
"House work time." Compensated time spent in the performance
of duties by a House employee.
"Mass communication." The term shall include, but not be
limited to, the following if they are paid for with House funds:
(1) Any newsletter or similar mailing of more than 50
pieces a day in which the content of the matter is
substantially identical.
(2) Any electronic mail transmission to more than 50
addresses per day in which the content of the matter is
substantially identical.
(3) Any public service announcement via radio or
television broadcast that depicts the name, voice or image of
a Member.
(4) Any telemarketing activities or robocalls on behalf
of a Member, except for limited surveys to determine public
opinion on various issues that do not use the name, voice or
image of a Member.
"Member." An individual elected to serve in the Pennsylvania
House of Representatives.
"Official mailing lists." Any list containing individuals,
companies or vendors, including names, addresses, telephone
numbers or e-mail addresses that are procured, compiled,
maintained or produced with House funds.
"Own time." A House employee's time that is distinct from
House work time and includes time that is spent on
vacation/annual leave and personal leave. The term does not
include compensatory leave.
RULE 2 E
Conduct
No campaign activity may be conducted by a House employee on
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House work time. No campaign activity may be conducted in a
House office or with House resources or House funds. The
following shall apply:
(1) House employees are permitted to engage in campaign
activities on their own time.
(2) The solicitation or receipt of campaign
contributions in a House office, on House work time or with
House resources is prohibited. If an unsolicited contribution
is sent to a House office through the mail or in an
unidentifiable form, the employee who receives it shall turn
it over to the applicable campaign and, within two business
days, notify the donor, if known, that campaign contributions
should not be sent or delivered to a House office.
(3) No House employee may be allocated any leave time
for time spent engaging in campaign activities on his or her
own time.
(4) A House employee, with the permission of his or her
employer, may go on leave without pay or benefits to engage
in campaign activities.
(5) A House employee who announces his or her candidacy
for a House seat or files nomination petitions or papers or
for whom a nomination certificate is filed to run for a House
seat shall be put on leave without pay or benefits during the
duration of his or her candidacy unless the employee
voluntarily leaves House employment.
(6) De minimis campaign activities may be unavoidable
for a Member or House employee in the course of their
official duties and shall not be considered a violation of
these ethical conduct rules. This includes the following
activities:
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(a) A Member or House employee may, in responding to
inquiries from the public, need to address incidental
questions that relate to a Member's or another person's
campaign or a related legislative record.
(b) A Member or House employee may provide
scheduling assistance and information to campaign staff
to ensure that no conflict occurs among the Member's
campaign schedule, official schedule and personal
schedule.
(c) A Member or House employee may engage in
political conversation in the natural course of personal
communication.
(7) A Member's official State website or State social
media website shall not contain a link to his or her campaign
website or campaign social media website.
(8) No House employee may be required to make a campaign
contribution as a condition of employment or continued
employment.
(9) No House employee may be required to perform any
campaign activity, on House work time or the employee's own
time, as a condition of employment or continued employment.
(10) No House employee who agrees or offers to
participate in a campaign activity on the employee's own
time, or makes a campaign contribution, shall receive
additional House compensation or employee benefit in the form
of a salary adjustment, bonus, compensatory time off,
continued employment or any other similar benefit in return.
(11) A House employee who refuses to participate in a
campaign activity or to make a campaign contribution shall
not be sanctioned for that refusal.
- 42 -
(12) Official House mailing lists shall be used solely
for legislative purposes and shall not be provided to a
candidate, political party, political committee, campaign,
campaign committee political organization or political body
to be used for any campaign activity.
(13) House computers shall not be used to create or
update any mailing list that identifies the listed
individuals as campaign volunteers or campaign contributors
to a candidate, political party, political committee,
campaign or campaign committee, political organization or
political body.
(14) No list may be developed by a Member or a House
employee for the purpose of monitoring or tracking campaign
activity or campaign contributions of a House employee.
(15) No mass communication shall be made at the
direction or on behalf of any Member which is delivered to a
postal facility or otherwise distributed within 60 days
immediately preceding an election at which the Member is a
candidate. Nothing in this subsection shall apply to any mass
communication:
(a) in response to inquiries or affirmative requests
from persons to whom the matter is communicated,
(b) sent to colleagues in the General Assembly or
other government officials, or
(c) which consists entirely of news releases to the
communications media.
(16) No House employee may be required to perform any
task unrelated to the House employee's official duties, on
House work time or the employee's own time, as a condition of
employment or continued employment.
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(17) No House employee who agrees or offers to perform a
task unrelated to the House employee's official duties, on
the employee's own time, shall receive any additional House
compensation or employee benefit in the form of a salary
adjustment, bonus, compensatory time off, continued
employment or any other similar benefit in return.
(18) A House employee who refuses to perform a task
unrelated to the House employee's official duties while on
House work time shall not be sanctioned for that refusal.
(19) A Member shall not use campaign funds for any event
that occurs inside any House office except to pay expenses
related to receptions in honor of a Member's swearing-in to
or retirement from the Pennsylvania House of Representatives.
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