Bill Text: PA HR1 | 2009-2010 | Regular Session | Introduced


Bill Title: Adopting temporary rules for the House of Representatives, further providing for members' and employees' expenses, for electronic availability of reports, for standing committees and subcommittees and for powers and duties of standing committees and subcommittees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-01-06 - Introduced and adopted [HR1 Detail]

Download: Pennsylvania-2009-HR1-Introduced.html

  

 

    

PRINTER'S NO.  1

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE RESOLUTION

 

No.

1

Session of

2009

  

  

INTRODUCED BY EACHUS, JANUARY 6, 2009

  

  

INTRODUCED AND ADOPTED, JANUARY 6, 2009  

  

  

  

A RESOLUTION

  

1

Adopting temporary rules for the House of Representatives,

2

further providing for members' and employees' expenses, for

3

electronic availability of reports, for standing committees

4

and subcommittees and for powers and duties of standing

5

committees and subcommittees.

6

RESOLVED, That this resolution expire in 30 days; and be it

7

further

8

RESOLVED, That the Permanent Rules of the House of

9

Representatives (2007-2008) be adopted as the Temporary Rules of

10

the House of Representatives for the 2009-2010 session of the

11

House of Representatives with the following amendments to Rules

12

14, 43 and 45:

13

(2009-2010)

14

RULES OF THE HOUSE OF REPRESENTATIVES

15

* * *

16

RULE 14

17

Members' and Employees' Expenses

18

A member who attends a duly called meeting of a standing or

19

special committee of which he or she is a member when the House

20

is not in session or who is summoned to the State Capitol or

 


1

elsewhere by the Speaker, or the Majority or Minority Leader of

2

the House, to perform legislative services when the House is not

3

in session shall be reimbursed per day for each day of service,

4

plus mileage to and from the member's residence, at such rates

5

as are established from time to time by the Committee on Rules

6

but not in excess of the applicable maximum mileage rate

7

authorized by the Federal Government. For travel to any location

8

for committee meetings or for travel to the State Capitol for

9

any reason, members cannot receive reimbursement in excess of

10

the applicable maximum per diem rate authorized by the Federal

11

Government. These expenses shall be paid by the Chief Clerk from

12

appropriation accounts under the Chief Clerk's exclusive control

13

and jurisdiction, upon a written request approved by the Speaker

14

of the House, or the Majority or the Minority Leader of the

15

House.

16

An employee of the House summoned by the Speaker or the

17

Majority or Minority Leader of the House to perform legislative

18

services outside of Harrisburg shall be reimbursed for actual

19

expenses and mileage to and from the employee's residence. Such

20

expenses may be paid by the Speaker, Majority or Minority

21

Leader, if they agree to do so, or shall be paid by the Chief

22

Clerk from appropriation accounts under the Chief Clerk's

23

exclusive control and jurisdiction, upon a written request

24

approved by the Speaker, or the Majority or the Minority Leader.

25

District office employees are only permitted to be reimbursed

26

from an account under the control of the Chief Clerk when

27

traveling to Harrisburg for a training program sponsored by

28

either caucus or for travel to a legislative conference approved

29

by the Speaker, the Majority Leader or the Minority Leader. All

30

other travel by district office employees may be reimbursed from

- 2 -

 


1

the member's accountable expenses or an account under the

2

control of the Speaker, the Majority Leader or the Minority

3

Leader.

4

Members and employees traveling outside the Commonwealth of

5

Pennsylvania who receive any reimbursement for expenses or

6

travel which reimbursement is from public funds shall file with

7

the Chief Clerk a statement containing his or her name and the

8

name, place, date and the purpose of the function.

9

Money appropriated specifically to and allocated under a

10

specific symbol number for allowable expenses of members of the

11

House of Representatives shall be reimbursed to each member upon

12

submission of vouchers and any required documentation by each

13

member on forms prepared by the Chief Clerk of the House. No

14

reimbursement shall be made from this account where a member is

15

directly reimbursed for the same purpose from any other

16

appropriation account.

17

Such allowable expenses of members may be used for any

18

legislative purpose or function, including but not limited to

19

the following:

20

(1)  Travel expense on legislative business.

21

(a)  Mileage on session or nonsession days at a rate as

22

may be approved from time to time by the Committee on Rules,

23

but not in excess of the maximum mileage rate authorized by

24

the Federal Government for travel; voucher only.

25

(b)  Miscellaneous transportation on legislative business

26

(taxi, airport limousine parking, tolls), and expenses of a

27

similar nature; voucher only for any single expense not in

28

excess of $10.

29

(c)  Travel on legislative business by common carrier

30

other than taxi and airport limousine; voucher and receipt

- 3 -

 


1

from common carrier.

2

(d)  Car rental; voucher and receipt from rental agency

3

but reimbursement not to exceed in any month an amount as may

4

be approved from time to time by the Committee on Rules. Any

5

amount in excess of the said amount shall be paid by the

6

person renting the car. In no event shall other than American

7

manufactured cars be rented.

8

(e)  Lodging, restaurant charges and other miscellaneous

9

and incidental expenses while away from home. Vouchers only

10

for per diem allowance approved from time to time by the

11

Committee on Rules, but not in excess of the applicable

12

maximum per diem rate authorized by the Federal Government or

13

for actual expenses not in excess of such per diem rate.

14

(2)  Administrative, clerical and professional services for

15

legislative business, except for employment of spouses or any

16

relatives, by blood or marriage.

17

(a)  Administrative and clerical services; voucher and

18

receipt from person employed.

19

(b)  Professional services; voucher and receipt and copy

20

of agreement or contract of employment.

21

(3)  Rent for legislative office space; purchase of office

22

supplies; postage; telephone and answering services; printing

23

services and rental only of office equipment; voucher and

24

vendor's receipt, except for postage expense. No reimbursement

25

or expenditure shall be made out of any appropriation account

26

for any mass mailing including a bulk rate mailing made at the

27

direction or on behalf of any member which is mailed or

28

delivered to a postal facility within 60 days immediately

29

preceding any primary or election at which said member is a

30

candidate for public office.

- 4 -

 


1

Mass mailing shall mean a newsletter or similar mailing of

2

more than 50 pieces in which the content of the matter is

3

substantially identical. Nothing in this rule shall apply to any

4

mailing which is in direct response to inquiries or requests

5

from persons to whom matter is mailed, which is addressed to

6

colleagues in the General Assembly or other government officials

7

or which consists entirely of news releases to the

8

communications media.

9

(4)  Official entertainment─restaurant and beverage charges;

10

voucher only for expenses. Receipts for entertainment expenses,

11

together with a statement of the reason for the expense, shall

12

be submitted with the request for reimbursement.

13

(5)  Purchase of flags, plaques, publications, photographic

14

services, books, and other similar items in connection with

15

legislative activities; voucher and vendor's receipt.

16

(6)  Communications and donations in extending

17

congratulations or sympathy of illness or death; voucher only on

18

expenses not in excess of $35.

19

No money appropriated for members' and employees' expenses

20

shall be used for contributions to political parties or their

21

affiliated organizations or to charitable organizations or for

22

charitable advertisements.

23

A member shall not create, maintain or cause to be created or

24

maintained a legislative nonprofit organization. A "legislative

25

nonprofit organization" means a nonprofit corporation or other

26

entity whose primary purpose is to receive funds under the

27

General Appropriation Act or another appropriations act at the

28

discretion or by reason of the influence of a member for the use

29

at the direction or discretion of the member. The Ethics

30

Committee shall issue to any member upon such member's request

- 5 -

 


1

an opinion with respect to such member's duties under this rule.

2

The Ethics Committee shall, within 14 days, issue the opinion.

3

No member who acts in good faith on an opinion issued to that

4

member by the Ethics Committee shall be subject to any sanctions

5

for so acting, provided that the material facts are as stated in

6

the opinion request. The Ethics Committee's opinions shall be

7

public records and may from time to time be published. The

8

member requesting the opinion may, however, require that the

9

opinion shall contain such deletions and changes as shall be

10

necessary to protect the identity of the persons involved.

11

No money may be expended within 60 days before a primary

12

election or within 60 days before a general election in even-

13

numbered years for:

14

(i)  purchase of or the reimbursement for the purchase of any

15

radio or television broadcast time for public service

16

announcements that depict the name, voice or image of a member;

17

or

18

(ii)  payment for telemarketing activities on behalf of a

19

member. This prohibition shall not apply to limited surveys to

20

determine public opinion on various issues.

21

Members and employees shall not request reimbursement for the

22

private lease of vehicles leased on a long-term basis. No

23

payments will be made with respect to private, long-term lease

24

vehicle expenses incurred by members or employees except with

25

respect to private, long-term lease arrangements entered into by

26

a member prior to the effective date of this rule, payments for

27

which will be made in accord with the rules in place on the day

28

before the effective date of this rule. The Chief Clerk is

29

authorized to enter into a master lease agreement with the

30

Department of General Services for the long-term lease of

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1

automobiles.

2

All disbursements made, debts incurred or advancements paid

3

from any appropriation account made to the House or to a member

4

or nonmember officer under a General Appropriation Act or any

5

other appropriation act shall be recorded in a monthly report

6

and filed with the Chief Clerk by the person authorized to make

7

such disbursement, incur any debt or receive any advancement on

8

a form prescribed by the Chief Clerk.

9

The Chief Clerk shall prescribe the form of all such reports

10

and make such forms available to those persons required to file

11

such reports. Such report form shall include:

12

(1)  As to personnel:

13

(a)  The name, home address, job title, brief description

14

of duties and where they are performed, department or member

15

or members to whom assigned, the name of immediate supervisor

16

and minimum hours of employment per week of each employee.

17

(b)  The appropriation account from which such employee

18

is compensated, the amount of compensation and whether such

19

person is on salary, per diem or contract.

20

(2)  As to all other expenditures:

21

(a)  To whom it was paid, the amount thereof, and the

22

nature of the goods, services or other purpose for which the

23

expenditure was made.

24

(b)  The appropriation account from which the expenditure

25

was made and the name or names of the person or persons

26

requesting and/or authorizing the same.

27

A copy of each such report shall also be filed with the

28

Special Committee on Internal Affairs and House Administration

29

for use in the performance of its duties under Rule 47(a).

30

The reporting requirements as to personnel may be fulfilled

- 7 -

 


1

by the maintenance in the Office of the Chief Clerk of the House

2

of an alphabetized file containing the current information for

3

each employee as set forth above.

4

All monthly reports filed on disbursements made or debts

5

incurred by any officer or member or employee from

6

appropriations made to the House or to a member or nonmember

7

officer under any General Appropriation Act, and the

8

documentation for each disbursement, shall be public information

9

and shall be available for public inspection during regular

10

business hours in the office of the Chief Clerk. The Chief Clerk

11

shall prescribe reasonable rules and regulations for inspection

12

of such reports but in no case shall inspection be denied to any

13

person for a period exceeding 48 hours (excluding Saturdays and

14

Sundays) from the time a written request has been submitted to

15

the Chief Clerk. Photocopies of such reports shall be made

16

available upon request to a member at no charge or to the public

17

for a duplication fee as may be fixed by the Chief Clerk. Such

18

reports shall be made available to a member or to the public on

19

or before the last day of the month next succeeding the month in

20

which the report was filed.

21

All vouchers and requisitions relating to all expenditures,

22

expenses, disbursements and other obligations out of all

23

appropriated funds of the House, and the documentation

24

evidencing payment of the vouchers and requisitions, shall be

25

available for public inspection during regular business hours in

26

the office of the Chief Clerk or at such other location within

27

the Capitol as the Chief Clerk shall prescribe. Nothing in this

28

rule shall permit release of any information deemed

29

confidential, including, but not limited to, a telephone number

30

or call history, a credit card number and a Social Security

- 8 -

 


1

number or a Federal or a State tax identification number.

2

All requests to review payroll and independent contractor

3

records of the House or any other vouchers or requisitions for

4

funds appropriated to the House shall be made to the Chief

5

Clerk, in writing, at least three working days prior to the date

6

on which the review is requested. The request shall be signed by

7

the party who will be making the review and it shall indicate

8

the name of the organization or entity employing such

9

individual. The Chief Clerk shall establish a time during normal

10

business hours for the review to occur and he shall provide that

11

the review shall not interfere with the necessary functioning of

12

the Chief Clerk's office.

13

All requests for reimbursement out of any appropriation shall

14

be accompanied by a voucher, or other documents where required,

15

evidencing payment or approval. All requests for reimbursement

16

out of any appropriation payable to a member, nonmember officer

17

or employee shall be void if not submitted within 90 days of the

18

date that the otherwise allowable expense is incurred for any

19

and all otherwise allowable expenses, including without

20

limitation, per diem, mileage and actual expenses incurred [at

21

any time from the adoption of this rule]. Any such void request

22

for reimbursement may not be paid except pursuant to a motion to

23

suspend this rule for good cause specific to the voided request

24

for reimbursement. The voucher form shall be approved and

25

supplied by the Chief Clerk. Receipts or documentation of every

26

expenditure or disbursement which is in excess of the maximum

27

amount as set forth herein shall be attached to the voucher.

28

Where a request for payment is made in advance of an expense

29

actually incurred, the Chief Clerk, before making such advance

30

payment shall require a description satisfactory to the Chief

- 9 -

 


1

Clerk of the item or service to be purchased or the expense to

2

be incurred, and a receipt or other documentation shall be given

3

to the Chief Clerk after the item or service has been purchased

4

or expense incurred as evidence that such advancement was in

5

fact expended for such purpose.

6

All reports, vouchers and receipts from which reports are

7

prepared and filed shall be retained by the Chief Clerk, officer

8

or member, as the case may be, for such period of time as may be

9

necessary to enable the Legislative Audit Advisory Commission

10

created pursuant to the act of June 30, 1970 (P.L.442, No.151),

11

entitled "An act implementing the provisions of Article VIII,

12

section 10 of the Constitution of Pennsylvania, by designating

13

the Commonwealth officers who shall be charged with the function

14

of auditing the financial transactions after the occurrence

15

thereof of the Legislative and Judicial branches of the

16

government of the Commonwealth, establishing a Legislative Audit

17

Advisory Commission, and imposing certain powers and duties on

18

such commission," to conduct, through certified public

19

accountants appointed by it, annual audits to assure that such

20

disbursements made or debts incurred were in accordance with

21

Legislative Audit Advisory Commission guidelines and standards

22

as approved by the Committee on Rules, or for a minimum of three

23

years, whichever is longer. All annual audit reports shall be

24

available for public inspection. Photocopies of such reports

25

shall be available for a fee established by the Chief Clerk not

26

to exceed the cost of duplication.

27

Except as specifically prohibited by law or limited by this

28

rule, all expenditures of funds appropriated to the House or to

29

a member or nonmember officer shall be subject to the

30

expenditure guidelines established by the Rules Committee. The

- 10 -

 


1

Rules Committee shall establish standards regarding

2

documentation evidencing payment out of any appropriations

3

account made to the House or to a member or nonmember officer.

4

* * *

5

RULE 43

6

Standing Committees and Subcommittees

7

The Committee on Committees shall consist of the Speaker and

8

15 members of the House, ten of whom shall be members of the

9

majority party and five of whom shall be members of the minority

10

party, whose duty shall be to recommend to the House the names

11

of members who are to serve on the standing committees of the

12

House. Except for the Speaker, the Majority and Minority

13

Leaders, Whips, Caucus Chairs, Caucus Secretaries, Caucus

14

Administrators, Policy Chairs and the chairs and minority chairs

15

of standing committees, each member shall be entitled to serve

16

on not less than two standing committees.

17

The Speaker shall appoint the chair and vice-chair of each

18

standing committee when such standing committee has no standing

19

subcommittees as prescribed herein, except the Committee on

20

Appropriations which shall also have a vice-chair appointed by

21

the Speaker; when the standing committee has standing

22

subcommittees, the Speaker shall appoint a subcommittee chair

23

for each standing subcommittee. The Speaker shall appoint a

24

secretary for each standing committee. The Minority Leader shall

25

appoint the minority chair, minority vice-chair and minority

26

secretary of each standing committee and the minority

27

subcommittee chair for each standing subcommittee.

28

Except for members who decline chair status or minority chair

29

status in writing or who are barred from serving as a chair or

30

minority chair under this rule, the chair and minority chair of

- 11 -

 


1

each standing committee except the Appropriations Committee

2

shall be limited only to the members of the applicable caucus

3

with the most seniority as members of their respective caucus.

4

Whenever there are more caucus members with equal seniority than

5

available chairs or minority chairs for that caucus, the

6

selection of a chair or minority chair from among such caucus

7

members shall be in the discretion of the appointing authority.

8

The appointing authority may designate the standing committee to

9

which the appointing authority shall appoint a member as chair

10

or minority chair without regard to seniority. The Speaker and

11

the Floor Leader, Whip, Caucus Chair, Caucus Secretary, Caucus

12

Administrator and Policy Chair of the majority party and

13

minority party shall not be eligible to serve as chair or

14

minority chair of any standing committee and no member may serve

15

as chair or minority chair of more than one standing committee.

16

Any chair or minority chair held by a member who fails to

17

meet the requirements of this rule shall become vacant by

18

automatic operation of this rule. If the appointing authority

19

fails to make an appointment of a chair or minority chair prior

20

to the organizational meeting of a standing committee or fails

21

to fill a vacancy within seven calendar days after it occurs,

22

such position shall be deemed to remain vacant in violation of

23

this rule. Whenever a chair or minority chair becomes vacant or

24

remains vacant in violation of this rule, the member of the

25

applicable caucus who meets the requirements of this rule shall

26

automatically fill the vacancy and, if there are two or more

27

such eligible caucus members for any such vacancy or vacancies,

28

they shall be filled from among such eligible members through a

29

lottery to be conducted under the supervision of the Chief Clerk

30

after giving notice of the time and place thereof to all

- 12 -

 


1

eligible members, to the Speaker, to the Majority Leader and to

2

the Minority Leader.

3

Nothing in this rule shall prohibit the appointing authority

4

from transferring a member from the chair or minority chair of a

5

standing committee to the chair or minority chair of another

6

standing committee.

7

Whenever the appointment of a chair or minority chair will

8

cause the applicable caucus to exceed its permissible allocation

9

of members on a standing committee, the appointing authority

10

shall make a temporary transfer of an eligible committee member

11

to the standing committee vacated by the member appointed as

12

chair or minority chair until a regular committee appointment

13

can be made in accordance with the rules of the House. If the

14

Speaker or Minority Leader fails to make a temporary transfer

15

within seven calendar days after such appointment, the committee

16

member with the least seniority, who is eligible for transfer,

17

shall be automatically transferred to the committee vacated by

18

the newly appointed chair or minority chair and, if more than

19

one committee member is eligible for such transfer, the transfer

20

shall be implemented through a lottery conducted under the

21

supervision of the Chief Clerk.

22

The Speaker of the House, Floor Leader of the majority party

23

and the Floor Leader of the minority party shall be ex-officio

24

members of all standing committees, without the right to vote

25

and they shall be excluded from any limitation as to the number

26

of members on the committees or in counting a quorum.

27

Twenty-four standing committees of the House, each to consist

28

of [29] 24 members except the Committee on Appropriations, which

29

shall consist of 35 members, are hereby created. In addition,

30

there are hereby created 43 standing subcommittees.

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1

All standing committees shall consist of [16] 14 members of

2

the majority party and [13] ten members of the minority party,

3

except the Committee on Appropriations which shall consist of 21

4

members of the majority party and 14 members of the minority

5

party. The quorum for each of the standing committees and

6

subcommittees shall be no less than the majority of said

7

committees. The following are the standing committees and

8

subcommittees thereof:

9

(1)  Aging and Older Adult Services

10

(a)  Subcommittee on Care and Services

11

(b)  Subcommittee on Programs and Benefits

12

(2)  Agriculture and Rural Affairs

13

(3)  Appropriations

14

(a)  Subcommittee on Health and Welfare

15

(b)  Subcommittee on Education

16

(c)  Subcommittee on Economic Impact and Infrastructure

17

(d)  Subcommittee on Fiscal Policy

18

(4)  Children and Youth

19

(5)  Commerce

20

(a)  Subcommittee on Financial Services and Banking

21

(b)  Subcommittee on Housing

22

(c)  Subcommittee on Economic Development

23

(d)  Subcommittee on Small Business

24

(6)  Consumer Affairs

25

(a)  Subcommittee on Public Utilities

26

(b)  Subcommittee on Telecommunications

27

(7)  Education

28

(a)  Subcommittee on Basic Education

29

(b)  Subcommittee on Higher Education

30

(c)  Subcommittee on Special Education

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1

(8)  Environmental Resources and Energy

2

(a)  Subcommittee on Energy

3

(b)  Subcommittee on Mining

4

(c)  Subcommittee on Parks and Forests

5

(9)  Finance

6

(10)  Game and Fisheries

7

(11)  Gaming Oversight

8

(12)  Health and Human Services

9

(a)  Subcommittee on Health

10

(b)  Subcommittee on Human Services

11

(c)  Subcommittee on Drugs and Alcohol

12

(13)  Insurance

13

(14)  Judiciary

14

(a)  Subcommittee on Crime and Corrections

15

(b)  Subcommittee on Courts

16

(c)  Subcommittee on Family Law

17

(15)  Intergovernmental Affairs

18

(a)  Subcommittee on Information Technology

19

(b)  Subcommittee on Federal-State Relations

20

(16)  Labor Relations

21

(17)  Liquor Control

22

(a)  Subcommittee on Licensing

23

(b)  Subcommittee on Marketing

24

(18)  Local Government

25

(a)  Subcommittee on Boroughs

26

(b)  Subcommittee on Counties

27

(c)  Subcommittee on Townships

28

(19)  Professional Licensure

29

(20)  State Government

30

(21)  Tourism and Recreational Development

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1

(a)  Subcommittee on Arts and Entertainment

2

(b)  Subcommittee on Recreation

3

(c)  Subcommittee on Travel Promotion

4

(22)  Transportation

5

(a)  Subcommittee on Highways

6

(b)  Subcommittee on Public Transportation

7

(c)  Subcommittee on Transportation Safety

8

(d)  Subcommittee on Aviation

9

(e)  Subcommittee on Railroads

10

(23)  Urban Affairs

11

(a)  Subcommittee on Cities, Counties - First Class

12

(b)  Subcommittee on Cities, Counties - Second Class

13

(c)  Subcommittee on Cities, Third Class

14

(24)  Veterans Affairs and Emergency Preparedness

15

(a)  Subcommittee on Military and Veterans Facilities

16

(b)  Subcommittee on Security and Emergency Response 

17

Readiness

18

* * *

19

RULE 45

20

Powers and Duties of Standing Committees

21

and Subcommittees

22

The chair of each standing committee and subcommittee shall

23

fix regular weekly, biweekly or monthly meeting days for the

24

transaction of business before the committee or subcommittee.

25

The chair of the committee or subcommittee shall notify all

26

members, at least 24 hours in advance of the date, time and

27

place of regular meetings, and, insofar as possible, the

28

subjects on the agenda. In addition to regular meetings, special

29

meetings may be called from time to time by the chair of the

30

committee or subcommittee as they deem necessary. No recess or

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1

combination of recesses shall exceed 48 hours for any committee

2

meeting or subcommittee meeting. No committee shall meet during

3

any session of the House without first obtaining permission of

4

the Speaker. During any such meeting, no vote shall be taken on

5

the Floor of the House on any amendment, recommittal motion,

6

final passage of any bill, or any other matter requiring a roll

7

call vote. Any committee meeting called off the Floor of the

8

House shall meet in a committee room. In addition to the

9

specific provisions of this rule, all provisions of 65 Pa.C.S.

10

Ch. 7 (relating to open meetings) relative to notice of meetings

11

shall be complied with.

12

At regularly scheduled meetings, or upon the call of the

13

chair, or subcommittee chair, for special meetings, the

14

membership of such committees shall meet to consider any bill,

15

resolution, or other matter on the agenda. The secretary of each

16

standing committee, or in case of subcommittees a secretary

17

designated by the subcommittee chair, shall record:

18

(1)  the minutes of the meeting,

19

(2)  all votes taken,

20

(3)  a roll or attendance of members at standing committee or

21

subcommittee meetings showing the names of those present, absent

22

or excused from attendance, and the majority and minority chairs

23

or their designees shall verify by their signatures all votes

24

taken and the roll or attendance of those members present,

25

absent or excused before said records are submitted to the Chief

26

Clerk, and

27

(4)  dispatch of bills and resolutions before the committee.

28

Such records shall be open to public inspection. On the first

29

legislative day of each week the House is in session, the chair

30

of each standing committee shall submit to the Chief Clerk for

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1

inclusion in the House Journal only, the roll or record of

2

attendance of members at standing committee or subcommittee

3

meetings held prior thereto and not yet reported, along with the

4

record of all votes taken at such meetings. All reports from

5

standing committees shall be prepared in writing by the

6

secretary of the committee. Members of a standing committee may

7

prepare in writing and file a minority report, setting forth the

8

reasons for their dissent. Such committee reports shall be filed

9

with the Chief Clerk within five days of the meeting. All

10

meetings at which formal action is taken by a standing committee

11

or subcommittee shall be open to the public, making such reports

12

as are required under Rule 44. When any member, except for an

13

excused absence, fails to attend five consecutive regular

14

meetings of his or her committee, the chair of that committee or

15

subcommittee shall notify the member of that fact and, if the

16

member in question fails to reasonably justify absences to the

17

satisfaction of a majority of the membership of the standing

18

committee of which he or she is a member, membership on the

19

committee or subcommittee shall be deemed vacant and the chair

20

of the standing committee shall notify the Speaker of the House

21

to that effect. Such vacancy shall then be filled in the manner

22

prescribed by these rules.

23

Whenever the chair of any standing committee shall refuse to

24

call a regular meeting, then a majority of the members of the

25

standing committee may vote to call a meeting by giving two days

26

written notice to the Speaker of the House, setting the time and

27

place for such meeting. Such notice shall be read in the House

28

and the same posted by the Chief Clerk in the House Chamber.

29

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

30

specified in the notice. In addition, all provisions of 65

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1

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

2

meetings shall be complied with.

3

Records, bills and other papers in the possession of

4

committees and subcommittees, upon final adjournment of the

5

House shall be filed with the Chief Clerk.

6

No committee report, except a report of the Appropriations

7

Committee, shall be recognized by the House, unless the same has

8

been acted upon by a majority vote of the members of a standing

9

committee present at a committee session actually assembled and

10

meeting as a committee, provided such majority vote numbers at

11

least [15] 11 members, and provided further a quorum is present.

12

No committee report of the Appropriations Committee shall be

13

recognized by the House, unless the same has been acted upon by

14

a majority vote of the members of such committee present at a

15

committee session actually assembled and meeting as a committee,

16

provided such majority vote numbers at least [18] 16 members,

17

and provided further a quorum is present.

18

No proxy voting shall be permitted in committee, except as

19

provided for herein. If a member reports to a scheduled

20

committee meeting and advises the chair and other members of a

21

conflicting committee meeting or other legislative meeting which

22

he or she must attend on the same day, the member is authorized

23

to give the chair or minority chair his or her proxy in writing

24

which shall be valid only for that day and which shall include

25

written instructions for the exercise of such proxy by the chair

26

or minority chair during the meeting. The member should also

27

advise the chair where he or she can be reached. In the event

28

the conflicting committee meeting or other legislative meeting

29

is scheduled to convene at the same time or prior to the meeting

30

at which a member desires to vote by proxy, such proxy shall be

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1

delivered by the member in person to the offices of both the

2

chair and minority chair prior to, but on the same day as, the

3

conflicting meetings.

4

When the majority of the members of a standing committee

5

believe that a certain bill or resolution in the possession of

6

the standing committee should be considered and acted upon by

7

such committee, they may request the chair to include the same

8

as part of the business of a committee meeting. Upon failure of

9

the chair to comply with such request, the membership may

10

require that such bill be considered by written motion made and

11

approved by a majority vote of the entire membership to which

12

such committee is entitled.

13

Whenever the phrase "majority of members of a standing

14

committee or subcommittee" is used in these rules, it shall mean

15

majority of the entire membership to which a standing committee

16

or subcommittee is entitled, unless the context thereof

17

indicates a different intent.

18

To assist the House in appraising the administration of the

19

laws and in developing such amendments or related legislation as

20

it may deem necessary, each standing committee or subcommittee

21

of the House shall exercise continuous watchfulness of the

22

execution by the administrative agencies concerned of any laws,

23

the subject matter of which is within the jurisdiction of such

24

committee or subcommittee; and, for that purpose, shall study

25

all pertinent reports and data submitted to the House by the

26

agencies in the executive branch of the Government.

27

The Committee on Appropriations shall have the power to issue

28

subpoenas under the hand and seal of its chair commanding any

29

person to appear before it and answer questions touching matters

30

properly being inquired into by the committee, which matters

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1

shall include data from any fund administered by the

2

Commonwealth, and to produce such books, papers, records,

3

documents and data and information produced and stored by any

4

electronic data processing system as the committee deems

5

necessary. Such subpoenas may be served upon any person and

6

shall have the force and effect of subpoenas issued out of the

7

courts of this Commonwealth. Any person who willfully neglects

8

or refuses to testify before the committee or to produce any

9

books, papers, records, documents or data and information

10

produced and stored by any electronic data processing system

11

shall be subject to the penalties provided by the laws of the

12

Commonwealth in such case. Each member of the committee shall

13

have power to administer oaths and affirmations to witnesses

14

appearing before the committee. The committee may also cause the

15

deposition of witnesses either residing within or without the

16

State to be taken in the manner prescribed by law for taking

17

depositions in civil actions.

18

* * *

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