Regular Session 2023-2024 House Resolution 0044 P.N. 1831

PRIOR PRINTER'S NO. 633

PRINTER'S NO. 1831

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

Session of

2023

INTRODUCED BY TWARDZIK, BARTON, STEHR AND WATRO, MARCH 23, 2023

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JULY 7, 2023

A RESOLUTION

Appointing and empowering the Judiciary Committee to conduct an

investigation.

WHEREAS, HOUSE RESOLUTION NO. 99 OF 2021-2022 ("HOUSE

RESOLUTION NO. 99") WAS REFERRED TO THE HOUSE JUDICIARY

COMMITTEE ON MAY 7, 2021; AND

WHEREAS, HOUSE RESOLUTION NO. 99 UNANIMOUSLY PASSED THE HOUSE

JUDICIARY COMMITTEE ON JUNE 25, 2021; AND

WHEREAS, THE FULL HOUSE UNANIMOUSLY PASSED HOUSE RESOLUTION

NO. 99 ON NOVEMBER 10, 2021; AND

WHEREAS, HOUSE RESOLUTION NO. 99 AUTHORIZED AND EMPOWERED THE

SUBCOMMITTEE ON COURTS TO MAKE RECOMMENDATIONS TO THE HOUSE

JUDICIARY COMMITTEE AND DETERMINE WHETHER GEORGE F. HALCOVAGE,

JR., IS LIABLE TO IMPEACHMENT FOR MISBEHAVIOR IN OFFICE; AND

WHEREAS, HOUSE RESOLUTION NO. 99 AUTHORIZED THE HOUSE

JUDICIARY COMMITTEE TO REPORT TO THE HOUSE OF REPRESENTATIVES

THE CONCLUSIONS OF THE SUBCOMMITTEE WITH RESPECT TO THE

INVESTIGATION AND DETERMINATION WITH ITS APPROPRIATE

RECOMMENDATIONS; AND

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WHEREAS, THE HOUSE JUDICIARY COMMITTEE SUBCOMMITTEE ON COURTS

FIRST MET ON JANUARY 11, 2021, AND VOTED TO BEGIN AN

INVESTIGATION OF GEORGE F. HALCOVAGE, JR.; AND

WHEREAS, THE SUBCOMMITTEE CONDUCTED A HEARING ON SEPTEMBER

15, 2022, IN EXECUTIVE SESSION TO TAKE TESTIMONY FROM INVOLVED

PARTIES WHO HAVE FILED A FEDERAL LAWSUIT AGAINST COMMISSIONER

HALCOVAGE; AND

WHEREAS, THE SUBCOMMITTEE HELD ITS NEXT MEETING ON SEPTEMBER

19, 2022, AND VOTED TO EXTEND THE INVESTIGATION; AND

WHEREAS, THE SUBCOMMITTEE ALSO VOTED TO MAKE A CRIMINAL

REFERRAL TO THE PENNSYLVANIA ATTORNEY GENERAL; AND

WHEREAS, THE SUBCOMMITTEE COLLECTED A SIGNIFICANT NUMBER OF

DOCUMENTS, CONDUCTED MANY INTERVIEWS AND RECEIVED COMMUNICATION

FROM MANY ELECTED OFFICIALS FROM SCHUYLKILL COUNTY SEEKING

COMMISSIONER HALCOVAGE'S REMOVAL FROM OFFICE BY IMPEACHMENT; AND

WHEREAS, THE SUBCOMMITTEE ON COURTS AUTHORIZED UNDER HOUSE

RESOLUTION NO. 99 FAILED TO COMPLETE ITS INVESTIGATION OR SUBMIT

A REPORT OR RECOMMENDATIONS PRIOR TO THE HOUSE OF

REPRESENTATIVES ADJOURNING SINE DIE ON NOVEMBER 30, 2022; AND

WHEREAS, ADJOURNMENT SINE DIE HAS THE EFFECT OF CLOSING THE

SESSION AND TERMINATING ALL UNFINISHED BUSINESS BEFORE THE

HOUSE, AND ALL LEGISLATION PENDING UPON ADJOURNMENT SINE DIE

EXPIRES WITH THE SESSION; AND

WHEREAS, HOUSE RESOLUTION NO. 99 AND THE POWERS IT BESTOWED

UPON THE HOUSE JUDICIARY COMMITTEE AND THE SUBCOMMITTEE ON

COURTS EXPIRED AT THE END OF THE 206TH SESSION OF THE

PENNSYLVANIA GENERAL ASSEMBLY; AND

WHEREAS, THE COMPOSITION OF THE SUBCOMMITTEE ON COURTS FOR

THE CURRENT LEGISLATIVE SESSION IS SIGNIFICANTLY DIFFERENT FROM

LAST SESSION; AND

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WHEREAS, THE SUBCOMMITTEE CHAIRPERSONSHIP HAS SHIFTED FROM

THE HOUSE REPUBLICAN CAUCUS TO THE MAJORITY HOUSE DEMOCRATIC

CAUCUS; THEREFORE BE IT

RESOLVED, THAT ALL PAPERS, DOCUMENTS, TESTIMONY, REPORTS AND

OTHER MATERIALS GATHERED BY THE SUBCOMMITTEE ON COURTS DURING

THE 206TH LEGISLATIVE SESSION BE INCORPORATED BY REFERENCE AND

UTILIZED BY THE SUBCOMMITTEE CREATED UNDER THIS RESOLUTION IN

THE 207TH LEGISLATIVE SESSION; AND BE IT FURTHER

RESOLVED, THAT THE CHAIRPERSON AND MINORITY CHAIRPERSON OF

THE HOUSE JUDICIARY COMMITTEE ALONG WITH THE MEMBERS OF THE

SUBCOMMITTEE BE GIVEN ACCESS TO ALL INVESTIGATION MATERIALS

PRODUCED UNDER HOUSE RESOLUTION NO. 99 AS WELL AS ALL MATERIALS

PRODUCED UNDER THIS RESOLUTION; AND BE IT FURTHER

RESOLVED, By the House of Representatives, that the Judiciary

Committee of the House of Representatives be authorized to

investigate the conduct of the Honorable George F. Halcovage,

Jr., a County Commissioner for Schuylkill County, to determine

whether George F. Halcovage, Jr., is liable to impeachment for

misbehavior in office and to report to the House of

Representatives the conclusions of the committee with respect to

the investigation and determination with its appropriate

recommendations; and be it further

RESOLVED, That the Judiciary Committee of the House of

Representatives be authorized and empowered to:

(1) send for individuals and papers and subpoena

witnesses, documents and other materials under the hand and

seal of the chairperson;

(2) administer oaths to witnesses;

(3) take testimony;

(4) prepare and file pleadings and other legal

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documents; and

(5) CONDUCT INTERVIEWS AND TAKE STATEMENTS AND ANY OTHER

INVESTIGATIVE STEP AS DETERMINED BY THE CHAIRPERSON; AND

(5) (6) employ COUNSEL, INCLUDING OUTSIDE COUNSEL, AND

staff for the use of the Judiciary Committee and the

Subcommittee on Courts;

and be it further

RESOLVED, That the Judiciary Committee of the House of

Representatives designate the Subcommittee on Courts to take

testimony, review documents or other materials and interview

witnesses for the use of the Judiciary Committee; and be it

further

RESOLVED, That the Subcommittee on Courts be authorized and

empowered to make recommendations to the Judiciary Committee of

the House of Representatives and, in the performance of its

duties, may:

(1) send for individuals and papers and subpoena

witnesses, documents and other materials under the seal of

the subcommittee chairperson;

(2) administer oaths to witnesses;

(3) take testimony; and

(4) prepare and file pleadings and other legal

documents;

and be it further

RESOLVED, That a Sergeant-at-Arms or his deputy shall serve

the process of the Judiciary Committee of the House of

Representatives and Subcommittee on Courts and execute their

orders; and be it further

RESOLVED, That the Judiciary Committee of the House of

Representatives and Subcommittee on Courts are BE authorized to

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sit during the sessions of the House of Representatives; and be

it further

RESOLVED, That the expenses of the investigation shall be

paid by the Chief Clerk from appropriation accounts under the

Chief Clerk's exclusive control and jurisdiction upon a written

request approved by the Speaker of the House of Representatives,

the Majority Leader of the House of Representatives or the

Minority Leader of the House of Representatives.; AND BE IT

FURTHER

RESOLVED, THAT THE SUBCOMMITTEE SUBMIT A FINAL REPORT AND

RECOMMENDATIONS TO THE HOUSE JUDICIARY COMMITTEE WITHIN NINE

MONTHS OF THE ADOPTION OF THIS RESOLUTION OR REQUEST AN

EXTENSION, AND THAT AN EXTENSION NOT EXTEND BEYOND THE END OF

THE CURRENT LEGISLATIVE SESSION.

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