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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY TALLMAN, BROOKS, CUTLER, GABLER, MOUL, ROCK, STERN, SWANGER AND VULAKOVICH, OCTOBER 16, 2009 |
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| REFERRED TO COMMITTEE ON RULES, OCTOBER 16, 2009 |
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| A RESOLUTION |
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1 | Amending House Rule 45, to further provide for powers and duties |
2 | of standing committees and subcommittees. |
3 | RESOLVED, That House Rule 45 be amended to read: |
4 | RULE 45 |
5 | Powers and Duties of Standing Committees |
6 | and Subcommittees |
7 | The chair of each standing committee and subcommittee shall |
8 | fix regular weekly, biweekly or monthly meeting days for the |
9 | transaction of business before the committee or subcommittee. |
10 | The chair of the committee or subcommittee shall notify all |
11 | members, at least 24 hours in advance of the date, time and |
12 | place of regular meetings, and, insofar as possible, the |
13 | subjects on the agenda. In addition to regular meetings, special |
14 | meetings may be called from time to time, as deemed necessary, |
15 | by the chair of the committee with the agreement of the minority |
16 | chair of the committee, or by the subcommittee [as they deem |
17 | necessary] chair with the agreement of the minority subcommittee |
18 | chair. No recess or combination of recesses shall exceed 48 |
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1 | hours for any committee meeting or subcommittee meeting. No |
2 | committee shall meet during any session of the House without |
3 | first obtaining permission of the Speaker. During any such |
4 | meeting, no vote shall be taken on the Floor of the House on any |
5 | amendment, recommittal motion, final passage of any bill, or any |
6 | other matter requiring a roll call vote. Any committee meeting |
7 | called off the Floor of the House shall meet in a committee |
8 | room. In addition to the specific provisions of this rule, all |
9 | provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings) |
10 | relative to notice of meetings shall be complied with. |
11 | At regularly scheduled meetings, or upon the call of the |
12 | chair with the agreement of the minority chair, or upon the call |
13 | of the subcommittee chair with the agreement of the minority |
14 | subcommittee chair, for special meetings, the membership of such |
15 | committees shall meet to consider any bill, resolution, or other |
16 | matter on the agenda. The secretary of each standing committee, |
17 | or in case of subcommittees a secretary designated by the |
18 | subcommittee chair, shall record: |
19 | (1) the minutes of the meeting, |
20 | (2) all votes taken, |
21 | (3) a roll or attendance of members at standing committee or |
22 | subcommittee meetings showing the names of those present, absent |
23 | or excused from attendance, and the majority and minority chairs |
24 | or their designees shall verify by their signatures all votes |
25 | taken and the roll or attendance of those members present, |
26 | absent or excused before said records are submitted to the Chief |
27 | Clerk, and |
28 | (4) dispatch of bills and resolutions before the committee. |
29 | Such records shall be open to public inspection. On the first |
30 | legislative day of each week the House is in session, the chair |
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1 | of each standing committee shall submit to the Chief Clerk for |
2 | inclusion in the House Journal only, the roll or record of |
3 | attendance of members at standing committee or subcommittee |
4 | meetings held prior thereto and not yet reported, along with the |
5 | record of all votes taken at such meetings. All reports from |
6 | standing committees shall be prepared in writing by the |
7 | secretary of the committee. Members of a standing committee may |
8 | prepare in writing and file a minority report, setting forth the |
9 | reasons for their dissent. Such committee reports shall be filed |
10 | with the Chief Clerk within five days of the meeting. All |
11 | meetings at which formal action is taken by a standing committee |
12 | or subcommittee shall be open to the public, making such reports |
13 | as are required under Rule 44. When any member, except for an |
14 | excused absence, fails to attend five consecutive regular |
15 | meetings of his or her committee, the chair of that committee or |
16 | subcommittee shall notify the member of that fact and, if the |
17 | member in question fails to reasonably justify absences to the |
18 | satisfaction of a majority of the membership of the standing |
19 | committee of which he or she is a member, membership on the |
20 | committee or subcommittee shall be deemed vacant and the chair |
21 | of the standing committee shall notify the Speaker of the House |
22 | to that effect. Such vacancy shall then be filled in the manner |
23 | prescribed by these rules. |
24 | Whenever the chair of any standing committee shall refuse to |
25 | call a regular meeting, then a majority of the members of the |
26 | standing committee may vote to call a meeting by giving two days |
27 | written notice to the Speaker of the House, setting the time and |
28 | place for such meeting. Such notice shall be read in the House |
29 | and the same posted by the Chief Clerk in the House Chamber. |
30 | Thereafter, the meeting shall be held at the time and place |
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1 | specified in the notice. In addition, all provisions of 65 |
2 | Pa.C.S. Ch. 7 (relating to open meetings) relative to notice of |
3 | meetings shall be complied with. |
4 | Records, bills and other papers in the possession of |
5 | committees and subcommittees, upon final adjournment of the |
6 | House shall be filed with the Chief Clerk. |
7 | No committee report, except a report of the Appropriations |
8 | Committee, shall be recognized by the House, unless the same has |
9 | been acted upon by a majority vote of the members of a standing |
10 | committee present at a committee session actually assembled and |
11 | meeting as a committee, provided such majority vote numbers at |
12 | least 12 members, and provided further a quorum is present. No |
13 | committee report of the Appropriations Committee shall be |
14 | recognized by the House, unless the same has been acted upon by |
15 | a majority vote of the members of such committee present at a |
16 | committee session actually assembled and meeting as a committee, |
17 | provided such majority vote numbers at least 16 members, and |
18 | provided further a quorum is present. |
19 | No proxy voting shall be permitted in committee, except as |
20 | provided for herein. If a member reports to a scheduled |
21 | committee meeting and advises the chair and other members of a |
22 | conflicting committee meeting or other legislative meeting which |
23 | he or she must attend on the same day, the member is authorized |
24 | to give the chair or minority chair his or her proxy in writing |
25 | which shall be valid only for that day and which shall include |
26 | written instructions for the exercise of such proxy by the chair |
27 | or minority chair during the meeting. The member should also |
28 | advise the chair where he or she can be reached. In the event |
29 | the conflicting committee meeting or other legislative meeting |
30 | is scheduled to convene at the same time or prior to the meeting |
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1 | at which a member desires to vote by proxy, such proxy shall be |
2 | delivered by the member in person to the offices of both the |
3 | chair and minority chair prior to, but on the same day as, the |
4 | conflicting meetings. |
5 | When the majority of the members of a standing committee |
6 | believe that a certain bill or resolution in the possession of |
7 | the standing committee should be considered and acted upon by |
8 | such committee, they may request the chair to include the same |
9 | as part of the business of a committee meeting. Upon failure of |
10 | the chair to comply with such request, the membership may |
11 | require that such bill be considered by written motion made and |
12 | approved by a majority vote of the entire membership to which |
13 | such committee is entitled. |
14 | Whenever the phrase "majority of members of a standing |
15 | committee or subcommittee" is used in these rules, it shall mean |
16 | majority of the entire membership to which a standing committee |
17 | or subcommittee is entitled, unless the context thereof |
18 | indicates a different intent. |
19 | To assist the House in appraising the administration of the |
20 | laws and in developing such amendments or related legislation as |
21 | it may deem necessary, each standing committee or subcommittee |
22 | of the House shall exercise continuous watchfulness of the |
23 | execution by the administrative agencies concerned of any laws, |
24 | the subject matter of which is within the jurisdiction of such |
25 | committee or subcommittee; and, for that purpose, shall study |
26 | all pertinent reports and data submitted to the House by the |
27 | agencies in the executive branch of the Government. |
28 | The Committee on Appropriations shall have the power to issue |
29 | subpoenas under the hand and seal of its chair commanding any |
30 | person to appear before it and answer questions touching matters |
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1 | properly being inquired into by the committee, which matters |
2 | shall include data from any fund administered by the |
3 | Commonwealth, and to produce such books, papers, records, |
4 | documents and data and information produced and stored by any |
5 | electronic data processing system as the committee deems |
6 | necessary. Such subpoenas may be served upon any person and |
7 | shall have the force and effect of subpoenas issued out of the |
8 | courts of this Commonwealth. Any person who willfully neglects |
9 | or refuses to testify before the committee or to produce any |
10 | books, papers, records, documents or data and information |
11 | produced and stored by any electronic data processing system |
12 | shall be subject to the penalties provided by the laws of the |
13 | Commonwealth in such case. Each member of the committee shall |
14 | have power to administer oaths and affirmations to witnesses |
15 | appearing before the committee. The committee may also cause the |
16 | deposition of witnesses either residing within or without the |
17 | State to be taken in the manner prescribed by law for taking |
18 | depositions in civil actions. |
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