PRINTER'S NO. 365
No. 42 Session of 1997
INTRODUCED BY CARONE, LEVDANSKY, NAILOR, KREBS, PLATTS, BROWNE,
TRUE AND STEELMAN, FEBRUARY 10, 1997
REFERRED TO COMMITTEE ON RULES, FEBRUARY 10, 1997
A RESOLUTION
1 Amending House Rule 45.
2 RESOLVED, That House Rule 45 be amended to read:
3 RULE 45
4 Powers and Duties of Standing Committees
5 and Subcommittees
6 The chairman of each standing committee and subcommittee
7 shall fix regular weekly, biweekly or monthly meeting days for
8 the transaction of business before the committee or
9 subcommittee. The chairman of the committee or subcommittee
10 shall notify all members, at least 24 hours in advance of the
11 date, time and place of regular meetings, and, insofar as
12 possible, the subjects on the agenda. In addition to regular
13 meetings, special meetings may be called from time to time by
14 the chairman of the committee or subcommittee as they deem
15 necessary. No committee shall meet during any session of the
16 House without first obtaining permission of the Speaker. During
17 any such meeting, no vote shall be taken on the Floor of the
1 House on any amendment, recommittal motion, final passage of any
2 bill, or any other matter requiring a roll call vote. Any
3 committee meeting called off the Floor of the House shall meet
4 in a committee room. In addition to the specific provisions of
5 this Rule 45, all provisions of the act of July 19, 1974
6 (P.L.486, No.175) relative to notice of meetings shall be
7 complied with.
8 At regularly scheduled meetings, or upon the call of the
9 chairman, or subcommittee chairman, for special meetings, the
10 membership of such committees shall meet to consider any bill,
11 resolution, or other matter on the agenda. The secretary of each
12 standing committee, or in case of subcommittees a secretary
13 designated by the subcommittee chairman, shall record:
14 (1) the minutes of the meeting,
15 (2) all votes taken,
16 (3) a roll or attendance of members at standing committee or
17 subcommittee meetings showing the names of those present, absent
18 or excused from attendance, and
19 (4) dispatch of bills and resolutions before the committee.
20 Such records shall be open to public inspection. On the first
21 legislative day of each week the House is in session, the
22 chairman of each standing committee shall submit to the Chief
23 Clerk for inclusion in the House Journal only, the roll or
24 record of attendance of members at standing committee or
25 subcommittee meetings held prior thereto and not yet reported,
26 along with the record of all votes taken at such meetings. All
27 reports from standing committees shall be prepared in writing by
28 the secretary of the committee. Members of a standing committee
29 may prepare in writing and file a minority report, setting forth
30 the reasons for their dissent. Such committee reports shall be
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1 filed with the Chief Clerk within five days of the meeting. All
2 meetings at which formal action is taken by a standing committee
3 or subcommittee shall be open to the public, making such reports
4 as are required under Rule 44. When any member, except for an
5 excused absence, fails to attend five consecutive regular
6 meetings of his committee, the chairman of that committee or
7 subcommittee shall notify him of that fact and, if the member in
8 question fails to reasonably justify his absences to the
9 satisfaction of a majority of the membership of the standing
10 committee of which he is a member, his membership on the
11 committee or subcommittee shall be deemed vacant and the
12 chairman of the standing committee shall notify the Speaker of
13 the House to that effect. Such vacancy shall then be filled in
14 the manner prescribed by these rules.
15 Whenever the chairman of any standing committee shall refuse
16 to call a regular meeting, then a majority of the members of the
17 standing committee may vote to call a meeting by giving two days
18 written notice to the Speaker of the House, setting the time and
19 place for such meeting. Such notice shall be read in the House
20 and the same posted by the Chief Clerk in the House Chamber.
21 Thereafter, the meeting shall be held at the time and place
22 specified in the notice. In addition, all provisions of the act
23 of July 19, 1974 (P.L.486, No.175) relative to notice of
24 meetings shall be complied with.
25 Records, bills and other papers in the possession of
26 committees and subcommittees, upon final adjournment of the
27 House shall be filed with the Chief Clerk.
28 No committee report, except a report of the Appropriations
29 Committee, shall be recognized by the House, unless the same has
30 been acted upon by a majority vote of the members of a standing
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1 committee present at a committee session actually assembled and
2 meeting as a committee, provided such majority vote numbers at
3 least 11 members, and provided further a quorum is present. No
4 committee report of the Appropriations Committee shall be
5 recognized by the House, unless the same has been acted upon by
6 a majority vote of the members of such committee present at a
7 committee session actually assembled and meeting as a committee,
8 provided such majority vote numbers at least 14 members, and
9 provided further a quorum is present.
10 [No proxy voting shall be permitted in committee, except as
11 provided for herein. If a member reports to a scheduled
12 committee meeting and advises the chairman and other members of
13 a conflicting committee meeting or other legislative meeting
14 which he or she must attend, the member is authorized to give
15 the chairman or minority chairman his or her proxy in writing
16 which shall include written instructions for the exercise of
17 such proxy by the chairman or minority chairman during the
18 meeting. The member should also advise the chairman where he or
19 she can be reached. In the event the conflicting committee
20 meeting or other legislative meeting is scheduled to convene at
21 the same time or prior to the meeting at which a member desires
22 to vote by proxy, such proxy shall be delivered by the member in
23 person to the offices of both the chairman and minority chairman
24 prior to, but on the same day as, the conflicting meetings.]
25 Members of standing committees and subcommittees shall not be
26 permitted to vote by proxy.
27 When the majority of the members of a standing committee
28 believe that a certain bill or resolution in the possession of
29 the standing committee should be considered and acted upon by
30 such committee, they may request the chairman to include the
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1 same as part of the business of a committee meeting. Upon
2 failure of the chairman to comply with such request, the
3 membership may require that such bill be considered by written
4 motion made and approved by a majority vote of the entire
5 membership to which such committee is entitled.
6 Whenever the phrase "majority of members of a standing
7 committee or subcommittee" is used in these rules, it shall mean
8 majority of the entire membership to which a standing committee
9 or subcommittee is entitled, unless the context thereof
10 indicates a different intent.
11 To assist the House in appraising the administration of the
12 laws and in developing such amendments or related legislation as
13 it may deem necessary, each standing committee or subcommittee
14 of the House shall exercise continuous watchfulness of the
15 execution by the administrative agencies concerned of any laws,
16 the subject matter of which is within the jurisdiction of such
17 committee or subcommittee; and, for that purpose, shall study
18 all pertinent reports and data submitted to the House by the
19 agencies in the executive branch of the Government.
20 The Committee on Appropriations shall have the power to issue
21 subpoenas under the hand and seal of its chairman commanding any
22 person to appear before it and answer questions touching matters
23 properly being inquired into by the committee, which matters
24 shall include data from any fund administered by the
25 Commonwealth, and to produce such books, papers, records,
26 documents and data and information produced and stored by any
27 electronic data processing system as the committee deems
28 necessary. Such subpoenas may be served upon any person and
29 shall have the force and effect of subpoenas issued out of the
30 courts of this Commonwealth. Any person who willfully neglects
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1 or refuses to testify before the committee or to produce any
2 books, papers, records, documents or data and information
3 produced and stored by any electronic data processing system
4 shall be subject to the penalties provided by the laws of the
5 Commonwealth in such case. Each member of the committee shall
6 have power to administer oaths and affirmations to witnesses
7 appearing before the committee. The committee may also cause the
8 deposition of witnesses either residing within or without the
9 State to be taken in the manner prescribed by law for taking
10 depositions in civil actions.
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