Bill Text: PA HR289 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Amending the Rules of the House of Representatives, further providing for members' and employees' expenses.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Introduced - Dead) 2009-05-05 - Referred to RULES [HR289 Detail]

Download: Pennsylvania-2009-HR289-Introduced.html

---

PRINTER'S NO. 1753
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No. 289 Session of2009
INTRODUCED BY CUTLER, CLYMER, HARRIS, MELIO, MENSCH, REICHLEY, ROCK, STERN, TRUE AND VULAKOVICH, MAY 5, 2009
REFERRED TO COMMITTEE ON RULES, MAY 5, 2009
A RESOLUTION
Amending the Rules of the House of Representatives, further
providing for members' and employees' expenses.
RESOLVED, That Rule 14 of the Rules of the House of
Representatives be amended to read:
RULE 14
Members' and Employees' Expenses
A member who attends a duly called meeting of a standing or
special committee of which he or she is a member when the House
is not in session or who is summoned to the State Capitol or
elsewhere by the Speaker, or the Majority or Minority Leader of
the House, to perform legislative services when the House is not
in session shall be reimbursed per day for each day of service,
plus mileage to and from the member's residence, at such rates
as are established from time to time by the Committee on Rules
but not in excess of the applicable maximum mileage rate
authorized by the Federal Government. For travel to any location
for committee meetings or for travel to the State Capitol for
any reason, members cannot receive reimbursement in excess of
the applicable maximum per diem rate authorized by the Federal
Government. These expenses 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, or the Majority or the Minority Leader of the
House.
An employee of the House summoned by the Speaker or the
Majority or Minority Leader of the House to perform legislative
services outside of Harrisburg shall be reimbursed for actual
expenses and mileage to and from the employee's residence. Such
expenses may be paid by the Speaker, Majority or Minority
Leader, if they agree to do so, or 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, or the Majority or the Minority Leader.
District office employees are only permitted to be reimbursed
from an account under the control of the Chief Clerk when
traveling to Harrisburg for a training program sponsored by
either caucus or for travel to a legislative conference approved
by the Speaker, the Majority Leader or the Minority Leader. All
other travel by district office employees may be reimbursed from
the member's accountable expenses or an account under the
control of the Speaker, the Majority Leader or the Minority
Leader.
Members and employees traveling outside the Commonwealth of
Pennsylvania who receive any reimbursement for expenses or
travel which reimbursement is from public funds shall file with
the Chief Clerk a statement containing his or her name and the
name, place, date and the purpose of the function.
Money appropriated specifically to and allocated under a
20090HR0289PN1753 - 2 -
specific symbol number for allowable expenses of members of the
House of Representatives shall be reimbursed to each member upon
submission of vouchers and any required documentation by each
member on forms prepared by the Chief Clerk of the House. No
reimbursement shall be made from this account where a member is
directly reimbursed for the same purpose from any other
appropriation account.
Such allowable expenses of members may be used for any
legislative purpose or function, including but not limited to
the following:
(1) Travel expense on legislative business.
(a) Mileage on session or nonsession days at a rate as
may be approved from time to time by the Committee on Rules,
but not in excess of the maximum mileage rate authorized by
the Federal Government for travel; voucher only.
(b) Miscellaneous transportation on legislative business
(taxi, airport limousine parking, tolls), and expenses of a
similar nature; voucher only for any single expense not in
excess of $10.
(c) Travel on legislative business by common carrier
other than taxi and airport limousine; voucher and receipt
from common carrier.
(d) Car rental; voucher and receipt from rental agency
but reimbursement not to exceed in any month an amount as may
be approved from time to time by the Committee on Rules. Any
amount in excess of the said amount shall be paid by the
person renting the car. In no event shall other than American
manufactured cars be rented.
(e) Lodging, restaurant charges and other miscellaneous
and incidental expenses while away from home. Vouchers only
20090HR0289PN1753 - 3 -
for per diem allowance approved from time to time by the
Committee on Rules, but not in excess of the applicable
maximum per diem rate authorized by the Federal Government or
for actual expenses not in excess of such per diem rate.
(2) Administrative, clerical and professional services for
legislative business, except for employment of spouses or any
relatives, by blood or marriage.
(a) Administrative and clerical services; voucher and
receipt from person employed.
(b) Professional services; voucher and receipt and copy
of agreement or contract of employment.
(3) Rent for legislative office space; purchase of office
supplies; postage; telephone and answering services; printing
services and rental only of office equipment; voucher and
vendor's receipt, except for postage expense. No reimbursement
or expenditure shall be made out of any appropriation account
for any mass mailing including a bulk rate mailing made at the
direction or on behalf of any member which is mailed or
delivered to a postal facility within 60 days immediately
preceding any primary or election at which said member is a
candidate for public office.
Mass mailing shall mean a newsletter or similar mailing of
more than 50 pieces in which the content of the matter is
substantially identical. Nothing in this rule shall apply to any
mailing which is in direct response to inquiries or requests
from persons to whom matter is mailed, which is addressed to
colleagues in the General Assembly or other government officials
or which consists entirely of news releases to the
communications media.
(4) Official entertainment─restaurant and beverage charges;
20090HR0289PN1753 - 4 -
voucher only for expenses. Receipts for entertainment expenses,
together with a statement of the reason for the expense, shall
be submitted with the request for reimbursement.
(5) Purchase of flags, plaques, publications, photographic
services, books, and other similar items in connection with
legislative activities; voucher and vendor's receipt.
(6) Communications and donations in extending
congratulations or sympathy of illness or death; voucher only on
expenses not in excess of $35.
No money appropriated for members' and employees' expenses
shall be used for contributions to political parties or their
affiliated organizations or to charitable organizations or for
charitable advertisements.
No money may be expended within 60 days before a primary
election or within 60 days before a general election in even-
numbered years for:
(i) purchase of or the reimbursement for the purchase of any
radio or television broadcast time for public service
announcements that depict the name, voice or image of a member;
or
(ii) payment for telemarketing activities on behalf of a
member. This prohibition shall not apply to limited surveys to
determine public opinion on various issues.
No reimbursement or expenditure shall be made out of any
appropriation account made to the House or to a member or
nonmember officer under a General Appropriation Act or any other
appropriation act for the purpose of paying or reimbursing costs
for legal services incurred by a member or employee in the
defense of a criminal or civil matter brought against the member
or employee for conduct that is not protected by section 15 of
20090HR0289PN1753 - 5 -
Article II of the Constitution of Pennsylvania. If reimbursement
or expenditure is made for legal services incurred by a member
or employee in the defense of a criminal or civil matter brought
against the member or employee for conduct that is later
determined to not be protected by section 15 of Article II of
the Constitution of Pennsylvania, the member or employee shall
repay the amount of the reimbursement or expenditure made. The
Ethics Committee shall issue to any member upon the member's
request an opinion with respect to the reimbursement or
expenditure of costs for legal services incurred by a member or
employee. The Ethics Committee shall, within 14 days, issue the
opinion. The Ethics Committee's opinions shall be public records
and may from time to time be published. The member requesting
the opinion may, however, require that the opinion shall contain
deletions and changes as shall be necessary to protect the
identity of the persons involved.
Members and employees shall not request reimbursement for the
private lease of vehicles leased on a long-term basis. No
payments will be made with respect to private, long-term lease
vehicle expenses incurred by members or employees except with
respect to private, long-term lease arrangements entered into by
a member prior to March 13, 2007, payments for which will be
made in accord with the rules in place on March 12, 2007. The
Chief Clerk is authorized to enter into a master lease agreement
with the Department of General Services for the long-term lease
of automobiles.
All disbursements made, debts incurred or advancements paid
from any appropriation account made to the House or to a member
or nonmember officer under a General Appropriation Act or any
other appropriation act shall be recorded in a monthly report
20090HR0289PN1753 - 6 -
and filed with the Chief Clerk by the person authorized to make
such disbursement, incur any debt or receive any advancement on
a form prescribed by the Chief Clerk.
The Chief Clerk shall prescribe the form of all such reports
and make such forms available to those persons required to file
such reports. Such report form shall include:
(1) As to personnel:
(a) The name, home address, job title, brief description
of duties and where they are performed, department or member
or members to whom assigned, the name of immediate supervisor
and minimum hours of employment per week of each employee.
(b) The appropriation account from which such employee
is compensated, the amount of compensation and whether such
person is on salary, per diem or contract.
(2) As to all other expenditures:
(a) To whom it was paid, the amount thereof, and the
nature of the goods, services or other purpose for which the
expenditure was made.
(b) The appropriation account from which the expenditure
was made and the name or names of the person or persons
requesting and/or authorizing the same.
The reporting requirements as to personnel may be fulfilled
by the maintenance in the Office of the Chief Clerk of the House
of an alphabetized file containing the current information for
each employee as set forth above.
All monthly reports filed on disbursements made or debts
incurred by any officer or member or employee from
appropriations made to the House or to a member or nonmember
officer under any General Appropriation Act, and the
documentation for each disbursement, shall be public information
20090HR0289PN1753 - 7 -
and shall be available in accordance with the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
All vouchers and requisitions relating to all expenditures,
expenses, disbursements and other obligations out of all
appropriated funds of the House, and the documentation
evidencing payment of the vouchers and requisitions, shall be
available in accordance with the Right-to-Know Law.
All requests for reimbursement out of any appropriation shall
be accompanied by a voucher, or other documents where required,
evidencing payment or approval. All requests for reimbursement
out of any appropriation payable to a member, nonmember officer
or employee shall be void if not submitted within 90 days of the
date that the otherwise allowable expense is incurred for any
and all otherwise allowable expenses, including without
limitation, per diem, mileage and actual expenses incurred. Any
such void request for reimbursement may not be paid except
pursuant to a motion to suspend this rule for good cause
specific to the voided request for reimbursement. In no event
shall any payment or reimbursement be made for any otherwise
allowable expense incurred on or before March 12, 2007. The
voucher form shall be approved and supplied by the Chief Clerk.
Receipts or documentation of every expenditure or disbursement
which is in excess of the maximum amount as set forth herein
shall be attached to the voucher. Where a request for payment is
made in advance of an expense actually incurred, the Chief
Clerk, before making such advance payment shall require a
description satisfactory to the Chief Clerk of the item or
service to be purchased or the expense to be incurred, and a
receipt or other documentation shall be given to the Chief Clerk
after the item or service has been purchased or expense incurred
20090HR0289PN1753 - 8 -
as evidence that such advancement was in fact expended for such
purpose.
All reports, vouchers and receipts from which reports are
prepared and filed shall be retained by the Chief Clerk, officer
or member, as the case may be, for such period of time as may be
necessary to enable the Legislative Audit Advisory Commission
created pursuant to the act of June 30, 1970 (P.L.442, No.151),
entitled "An act implementing the provisions of Article VIII,
section 10 of the Constitution of Pennsylvania, by designating
the Commonwealth officers who shall be charged with the function
of auditing the financial transactions after the occurrence
thereof of the Legislative and Judicial branches of the
government of the Commonwealth, establishing a Legislative Audit
Advisory Commission, and imposing certain powers and duties on
such commission," to conduct, through certified public
accountants appointed by it, annual audits to assure that such
disbursements made or debts incurred were in accordance with
Legislative Audit Advisory Commission guidelines and standards
as approved by the Committee on Rules, or for a minimum of three
years, whichever is longer. All annual audit reports shall be
available for public inspection. Photocopies of such reports
shall be available for a fee established by the Chief Clerk not
to exceed the cost of duplication.
Except as specifically prohibited by law or limited by this
rule, all expenditures of funds appropriated to the House or to
a member or nonmember officer shall be subject to the
expenditure guidelines established by the Rules Committee. The
Rules Committee shall establish standards regarding
documentation evidencing payment out of any appropriations
account made to the House or to a member or nonmember officer.
20090HR0289PN1753 - 9 -
The Bipartisan Management Committee shall receive and review
suggestions from the Comptroller on ways to reduce costs and
improve the fiscal operations of the House. The Comptroller,
following authorization by the Bipartisan Management Committee,
shall implement cost-reducing and other new measures to improve
the fiscal operations of the House.
20090HR0289PN1753 - 10 -