PRINTER'S NO. 3082
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
412
Session of
2024
INTRODUCED BY BRADFORD, MAY 8, 2024
ORIGINATED IN COMMITTEE ON RULES MAY 8, 2024
A RESOLUTION
Amending the General Operating Rules of the House of
Representatives, providing for member incapacity inquiries.
RESOLVED, That General Operating Rules of the House of
Representatives be amended by adding a rule to read:
RULE 46 (a)
Committee on Rules Subcommittee
Incapacity Inquiries
The Committee on Rules Subcommittee shall consist of the
Speaker, Majority Leader, Majority Caucus Chair, Minority Leader
and Minority Caucus Chair. The Majority Leader shall serve as
the chair and the Minority Leader shall serve as the vice chair.
An incapacity inquiry may be initiated by the Floor Leader of
the party of the subject member by filing a confidential request
for an incapacity inquiry before the subcommittee. A
confidential request for an incapacity inquiry shall be filed
with the Floor Leader of the opposite party and shall include
the following information:
(1) The name of the House member for whom an incapacity
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inquiry is sought.
(2) The reason for the request for an incapacity inquiry.
(3) Any additional information that the respective Floor
Leader believes would be helpful and appropriate to share
regarding the request.
Following the filing of a request for an incapacity inquiry,
the subcommittee shall conduct an incapacity inquiry to
determine whether a subject member suffers from a temporary or
permanent impairment, physical or mental, rendering the subject
member unable to discharge the duties of office, including
substance abuse or impairment of cognitive abilities that
renders the subject member unable to perform the duties or
functions of office.
The chair of the subcommittee, after consultation with the
vice chair, shall determine a date for an initial confidential
meeting of the subcommittee. The initial meeting shall be held
within 30 days following receipt of a request. The chair of the
subcommittee shall notify all members at least 24 hours in
advance of the date, time and place of all meetings regarding an
incapacity inquiry unless the chair and vice chair agree the
meeting should be held earlier under the circumstances. If the
subcommittee determines it will proceed with an incapacity
inquiry, the subcommittee shall promptly provide notice of the
inquiry to the subject member. The subject member may
participate in the inquiry and may be represented by counsel.
The subcommittee may take or direct whatever action it deems
necessary or proper to determine incapacity. The subject member
may furnish written consent to the release of information and
records relating to the incapacity if requested by the
subcommittee. The subcommittee may issue subpoenas for documents
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or direct examination of witnesses as part of an incapacity
inquiry by a majority vote of the subcommittee. Notwithstanding
a provision of any other rule of the House, subpoenas issued
under this rule shall be in the name of the subcommittee, shall
be signed by the chair of the subcommittee and shall be attested
by another member of the subcommittee who voted in favor of
authorizing the subpoena. A subpoena issued by the subcommittee
may be served upon any person and shall have the force and
effect of a subpoena issued out of the courts of this
Commonwealth. Subpoenas shall be served by any person designated
by the subcommittee when directed to do so by the subcommittee.
Each subpoena shall be addressed to the witness and shall state
that such proceeding is before the Committee on Rules
Subcommittee for which the witness is required to attend at a
specified time and place, or to produce books, papers, records,
accounts, reports, documents and data and information produced
and stored by any electronic data processing system, or both, as
the subcommittee may also require. Mileage and witness fees
shall be paid by the House to such witness in an amount
prescribed by law. Unless addressed to and served on the subject
member of an incapacity inquiry, a copy of a subpoena issued by
the subcommittee shall be provided to the subject member and the
subject member's counsel, if applicable. A recipient of a
subpoena issued by the subcommittee may object to the subpoena
by serving notice of such objection on the signatory to the
subpoena and the subcommittee. The subcommittee may modify the
subpoena if it finds the subpoena to be overly broad or without
proper purpose. The chair and vice chair of the subcommittee
shall have the power to administer oaths and affirmations to
witnesses appearing before the subcommittee. The subcommittee
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may seek enforcement of the subpoena in a court of competent
jurisdiction. A person who willfully neglects or refuses to
comply with a subpoena issued by the subcommittee shall be
subject to the penalties provided by the laws of this
Commonwealth with respect to such willful neglect or refusal.
All subpoenaed books, papers, records, accounts, reports,
documents, data and information shall be returned to the person
from whom such material was subpoenaed when the subcommittee has
completed its examination of such material, but in no event
later than the date of final disposition of the matter. All
meetings and materials related to the inquiry and the existence
of such inquiry shall not be open to the public and shall be
confidential. The subcommittee shall only have jurisdiction over
incapacity inquiries and shall not accept for review or action
any other matters.
If the subject member enters a treatment program during the
incapacity inquiry, the subcommittee may defer the incapacity
inquiry for a reasonable period of time to permit the completion
of the program, provided the subject member:
(1) actively participates in the treatment program;
(2) consents in writing to the release of information and
records relating to the subject member's participation in the
program; and
(3) if determined necessary by the subcommittee, agrees to a
voluntary suspension of some or all of the subject member's
duties or functions of office.
If the subject member completes the treatment program, the
subcommittee may:
(1) dismiss the incapacity inquiry; or
(2) continue the incapacity inquiry pending a reevaluation
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after a period of time specified by the subcommittee.
If a majority of the members of the subcommittee determines
that the subject member is incapacitated and unable to perform
the duties or functions of office, the subcommittee may make one
or more of the following recommendations to the House, as
appropriate based on the circumstances, the nature of the
incapacity and the probable length of the period of incapacity:
(1) The denial or limitation of any right, power or
privilege of the subject member granted by Rules of the House
and not contrary to the Constitution of Pennsylvania.
(2) Suspension of the subject member with or without pay.
(3) Expulsion of the subject member from the House.
Nothing in this rule shall impact the ability of the House,
Speaker or Caucus leaders from placing limitations on the
subject member that are within their authority.
The subcommittee shall provide a written report of its
findings and recommendations, if any, to the subject member and
shall simultaneously submit a copy of the same to the House.
Only findings and recommendations agreed to by a majority of the
subcommittee shall be included in the report.
A subject member who has been determined to be incapacitated
by the House and subject to either:
(1) the denial or limitation of any right, power or
privilege granted by the Rules of the House; or
(2) suspension with or without pay
may petition the subcommittee for reconsideration based on the
subject member's completion of a treatment program related to
incapacity.
A member of the subcommittee who is the subject member of the
inquiry may not participate in the inquiry as a member of the
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subcommittee and, for purposes of the subcommittee's inquiry
into the subject member, shall be replaced on the subcommittee
with another member of leadership from the same party as the
member removed who shall be selected by the Floor Leader of the
party of the member.
Members of the Committee on Rules Subcommittee shall receive
training on the ethical responsibilities regarding the
initiation and handling of an incapacity inquiry.
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