PRINTER'S NO. 1967
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No. 359
Session of
2024
INTRODUCED BY PITTMAN, OCTOBER 18, 2024
REFERRED TO RULES AND EXECUTIVE NOMINATIONS, OCTOBER 18, 2024
A RESOLUTION
1 Proposing a special rule of practice and procedure in the Senate
2 when sitting on the refusal to comply with a subpoena issued
3 by a Senate standing committee.
4 RESOLVED, That the Senate adopt the following special rule:
5 Rule of Practice and Procedure
6 in the Senate
7 When Sitting on
8 Refusal to Comply with Subpoena Issued by Standing Committee
9 Section 1. Presentation.
10 (a) Request.--At the date and time directed by a resolution
11 which calls a person to the well of the Senate for questioning
12 regarding non-compliance of a subpoena, the Majority Leader
13 shall be recognized by the presiding officer for the purpose of
14 requesting the presentment of the non-complying person to the
15 Senate by the Sergeant-at-Arms.
16 (b) Escort.--Upon the Majority Leader's request for
17 presentment, the presiding officer shall call the Sergeant-at-
18 Arms to escort the non-complying person and any counsel to the
19 well of the Senate at the place provided by the President Pro
 1 Tempore.
2 (c) Identification.--The non-complying person and any
3 counsel so presented shall identify themselves, and the
4 identifications shall be entered in the Legislative Journal.
5 Section 2. Exhibition of resolution and appearance letter.
6 Upon presentment of the non-complying person to the Senate,
7 the resolution adopted by the Senate on the refusal to comply
8 with a subpoena shall be read by the Reading Clerk to the body
9 of the Senate. Any communication issued by the Secretary-
10 Parliamentarian to the non-complying person directing the
11 appearance before the Senate shall be read by the Reading Clerk
12 to the body of the Senate.
13 Section 3. Oath.
14 (a) Form.--Upon exhibition of the resolution adopted by the
15 Senate on the refusal to comply with a subpoena and
16 communication to appear, an oath shall be provided to the non-
17 complying person in the following form:
18 I, , do swear (or affirm as
19 the case may be) that the testimony that I shall give in the
20 matter now before the Senate, shall be the truth, the whole
21 truth and nothing but the truth: (So help me God).
22 (b) Administration.--The oath shall be administered by the
23 Secretary of the Senate or another authorized individual.
24 Section 4. Interrogation.
25 (a) Majority Leader.--The Majority Leader shall be
26 recognized by the presiding officer to interrogate the non-
27 complying person. The Majority Leader shall direct each question
28 to the person, and the person shall answer or recognize counsel
29 to answer the question.
30 (b) Minority Leader.--Upon completion of the interrogation
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 1 under subsection (a), the presiding officer shall recognize the
2 Minority Leader, who may interrogate the person. The Minority
3 Leader shall direct each question to the person, and the person
4 shall answer or recognize counsel to answer the question.
5 (c) Chair of standing committee.--Upon completion of the
6 interrogation under subsection (a) and any interrogation under
7 subsection (b), the presiding officer shall recognize the Chair
8 of the standing committee from which the subpoena was issued,
9 who may interrogate the person. The Chair shall direct each
10 question to the person, and the person shall answer or recognize
11 counsel to answer the question.
12 (d) Minority Chair of standing committee.--Upon completion
13 of any interrogation under subsection (c), the presiding officer
14 shall recognize the Minority Chair of the standing committee
15 from which the subpoena was issued, who may interrogate the
16 person. The Minority Chair shall direct each question to the
17 person, and the person shall answer or recognize counsel to
18 answer the question.
19 (e) Minority Leader for second time.--Upon completion of any
20 interrogations under subsections (c) and (d), upon request, the
21 presiding officer shall recognize the Minority Leader for a
22 second opportunity to interrogate the person.
23 (f) Majority Leader for second time.--At the conclusion of
24 any interrogations under subsections (c), (d) and (e), upon
25 request, the presiding officer shall recognize the Majority
26 Leader for a second opportunity to interrogate the person.
27 (g) Conclusion.--At the conclusion of all interrogations,
28 the Sergeant-at-Arms shall come to the well of the Senate and
29 shall escort the person and counsel from the Senate.
30 Section 5. Scope of interrogation.
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 1 The scope of interrogation of the non-complying person shall
2 be limited to the subject matter of the resolution adopted by
3 the Senate on the refusal to comply with a subpoena.
4 Section 6. Appearance.
5 The appearance or nonappearance of the non-complying person,
6 either personally or by counsel, shall be recorded in the
7 Legislative Journal.
8 Section 7. Preparation and form of proceedings.
9 (a) Authority.--The President Pro Tempore shall direct the
10 necessary preparations in the Senate Chamber and the form of
11 proceedings.
12 (b) Evidence.--The presiding officer shall rule on all
13 questions of evidence, including relevance, materiality and
14 redundancy of evidence and incidental questions. Except as set
15 forth in subsection (c), a ruling under this subsection shall
16 stand as the judgment of the Senate.
17 (c) Vote.--On a ruling under subsection (b), a vote may be
18 taken as follows:
19 (1) The Majority Leader or the Minority Leader may
20 request a formal vote on the ruling.
21 (2) The presiding officer may submit the ruling for a
22 vote.
23 (3) Upon request under paragraph (1) or submission under
24 paragraph (2), the vote shall be taken under the Rules of the
25 Senate immediately. Debate is not permitted.
26 (4) The result of the vote shall stand as the judgment
27 of the Senate.
28 Section 8. Counsel.
29 Counsel for the non-complying person shall be admitted to
30 appear and be heard on the resolution adopted by the Senate on
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1 the refusal to comply with a subpoena. Counsel must be admitted
2 to practice law by a court of record of the Commonwealth.
3 Section 9. Controlling rules.
4 Unless contrary to the special rules of practice and
5 procedure adopted by this resolution, the Rules of the Senate of
6 Pennsylvania (2023-2024) and Mason's Manual of Legislative
7 Procedure (2020) shall be controlling.
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