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                                                      PRINTER'S NO. 4409

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 687 Session of 2002


        INTRODUCED BY VITALI, CALTAGIRONE, CURRY, FREEMAN, JOSEPHS,
           LEVDANSKY, MANDERINO, MELIO, SAMUELSON, SURRA AND TIGUE,
           OCTOBER 8, 2002

        REFERRED TO COMMITTEE ON RULES, OCTOBER 8, 2002

                                  A RESOLUTION

     1     Amending House Rule 14.

     2     RESOLVED, That House Rule 14 be amended to read:
     3                              RULE 14
     4                  Members' and Employees' Expenses
     5     A member who attends a duly called meeting of a standing or
     6  special committee of which he is a member when the House is not
     7  in session or who is summoned to the State Capitol or elsewhere
     8  by the Speaker, or the Majority or Minority Leader of the House,
     9  to perform legislative services when the House is not in session
    10  shall be reimbursed per day for each day of service, plus
    11  mileage to and from his residence, at such rates as are
    12  established from time to time by the Committee on Rules but not
    13  in excess of the applicable maximum mileage rate authorized by
    14  the Federal Government. For travel to any location for committee
    15  meetings or for travel to the State Capitol for any reason,
    16  members cannot receive reimbursement in excess of the applicable
    17  maximum per diem rate authorized by the Federal Government.

     1  These expenses shall be paid by the Chief Clerk from
     2  appropriation accounts under his exclusive control and
     3  jurisdiction, upon a written request approved by the Speaker of
     4  the House, or the Majority or the Minority Leader of the House.
     5     An employee of the House summoned by the Speaker or the
     6  Majority or Minority Leader of the House to perform legislative
     7  services outside of Harrisburg shall be reimbursed for actual
     8  expenses and mileage to and from his residence. Such expenses
     9  may be paid by the Speaker, Majority or Minority Leader, if they
    10  agree to do so, or shall be paid by the Chief Clerk from
    11  appropriation accounts under his exclusive control and
    12  jurisdiction, upon a written request approved by the Speaker of
    13  the House, or the Majority or the Minority Leader of the House.
    14     Members and employees traveling outside the Commonwealth of
    15  Pennsylvania who receive any reimbursement for expenses or
    16  travel which reimbursement is from public funds shall file with
    17  the Chief Clerk a statement containing his name and the name,
    18  place, date and the purpose of the function.
    19     Money appropriated specifically to and allocated under a
    20  specific symbol number for allowable expenses of members of the
    21  House of Representatives shall be reimbursed to each member upon
    22  submission of vouchers and any required documentation by each
    23  member on forms prepared by the Chief Clerk of the House. No
    24  reimbursement shall be made from this account where a member is
    25  directly reimbursed for the same purpose from any other
    26  appropriation account.
    27     Such allowable expenses of members may be used for any
    28  legislative purpose or function, including but not limited to
    29  the following:
    30     (1)  Travel expense on legislative business.
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     1         (a)  Mileage on session or nonsession days at a rate as
     2     may be approved from time to time by the Committee on Rules,
     3     but not in excess of the maximum mileage rate authorized by
     4     the Federal Government for travel; voucher only.
     5         (b)  Miscellaneous transportation on legislative business
     6     (taxi, airport limousine parking, tolls), and expenses of a
     7     similar nature; voucher only for any single expense not in
     8     excess of $10.
     9         (c)  Travel on legislative business by common carrier
    10     other than taxi and airport limousine; voucher and receipt
    11     from common carrier.
    12         (d)  Car rental; voucher and receipt from rental agency
    13     but reimbursement not to exceed in any month an amount as may
    14     be approved from time to time by the Committee on Rules. Any
    15     amount in excess of the said amount shall be paid by the
    16     person renting the car. In no event shall other than American
    17     manufactured cars be rented.
    18         (e)  Lodging, restaurant charges and other miscellaneous
    19     and incidental expenses while away from home. Vouchers only
    20     for per diem allowance approved from time to time by the
    21     Committee on Rules, but not in excess of the applicable
    22     maximum per diem rate authorized by the Federal Government or
    23     for actual expenses not in excess of such per diem rate.
    24     (2)  Administrative, clerical and professional services for
    25  legislative business, except for employment of spouses or any
    26  relatives, by blood or marriage.
    27         (a)  Administrative and clerical services; voucher and
    28     receipt from person employed.
    29         (b)  Professional services; voucher and receipt and copy
    30     of agreement or contract of employment.
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     1     (3)  Rent for legislative office space; purchase of office
     2  supplies; postage; telephone and answering services; printing
     3  services and rental only of office equipment; voucher and
     4  vendor's receipt, except for postage expense. No reimbursement
     5  or expenditure shall be made out of any appropriation account
     6  for any mass mailing including a bulk rate mailing or any mass
     7  electronic mailing conducted of made at the direction or on
     8  behalf of any member which is mailed or delivered to a postal
     9  facility or transmitted electronically within 60 days
    10  immediately preceding any primary or election at which said
    11  member is a candidate for public office. No Commonwealth funds,
    12  equipment, employees, facilities or electronic mail lists
    13  purchased with Commonwealth funds shall be used for any mass
    14  electronic mailing conducted by or made at the direction or on
    15  behalf of any member which is electronically mailed or delivered
    16  within 60 days immediately preceding any primary or elections at
    17  which the member is a candidate for public office.
    18     Mass mailing or electronic mass mailing shall mean a
    19  newsletter or similar mailing or electronic transmission of more
    20  than 50 pieces in which the content of the matter is
    21  substantially identical. Nothing in this rule shall apply to any
    22  mailing which is in direct response to inquiries or requests
    23  from persons to whom matter is mailed, which is addressed to
    24  colleagues in the General Assembly or other government officials
    25  or which consists entirely of news releases to the
    26  communications media.
    27     (4)  Official entertainment--restaurant and beverage charges;
    28  voucher only for expenses. Receipts for entertainment expenses,
    29  together with a statement of the reason for the expense, shall
    30  be submitted with the request for reimbursement.
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     1     (5)  Purchase of flags, plaques, publications, photographic
     2  services, books, and other similar items in connection with
     3  legislative activities; voucher and vendor's receipt.
     4     (6)  Communications and donations in extending
     5  congratulations or sympathy of illness or death; voucher only on
     6  expenses not in excess of $35.
     7     No money appropriated for members' and employees' expenses
     8  shall be used for:
     9     (i)  contributions to political parties or their affiliated
    10  organizations; or
    11     (ii)  contributions to charitable organizations or for
    12  charitable advertisements[.]; or
    13     (iii)  purchase of or the reimbursement for the purchase of
    14  any radio or television broadcast time outside of free public
    15  service announcements; or
    16     (iv)  payment to or the reimbursement for payments to
    17  contractors, corporations, associations, partnerships, sole
    18  proprietorships or any other business entity for the purpose of
    19  conducting telephone or telemarketing activities except limited
    20  survey studies to determine public opinion on various issues.
    21     All disbursements made, debts incurred or advancements paid
    22  from any appropriation account made to the House or to a member
    23  or nonmember officer under a General Appropriation Act or any
    24  other appropriation act shall be recorded in a monthly report
    25  and filed with the Chief Clerk by the person authorized to make
    26  such disbursement, incur any debt or receive any advancement on
    27  a form prescribed by the Chief Clerk.
    28     The Chief Clerk shall prescribe the form of all such reports
    29  and make such forms available to those persons required to file
    30  such reports. Such report form shall include:
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     1     (1)  As to personnel:
     2         (a)  The name, home address, job title, brief description
     3     of duties and where they are performed, department or member
     4     or members to whom assigned, the name of immediate supervisor
     5     and minimum hours of employment per week of each employee.
     6         (b)  The appropriation account from which such employee
     7     is compensated, the amount of compensation and whether such
     8     person is on salary, per diem or contract.
     9     (2)  As to all other expenditures:
    10         (a)  To whom it was paid, the amount thereof, and the
    11     nature of the goods, services or other purpose for which the
    12     expenditure was made.
    13         (b)  The appropriation account from which the expenditure
    14     was made and the name or names of the person or persons
    15     requesting and/or authorizing the same.
    16     A copy of each such report shall also be filed with the
    17  Special Committee on Internal Affairs and House Administration
    18  for use in the performance of its duties under Rule 47(a).
    19     The reporting requirements as to personnel may be fulfilled
    20  by the maintenance in the Office of the Chief Clerk of the House
    21  of an alphabetized file containing the current information for
    22  each employee as set forth above.
    23     All monthly reports filed on disbursements made or debts
    24  incurred by any officer or member or employee from
    25  appropriations made to the House under any General Appropriation
    26  Act shall be public information and shall be available for
    27  public inspection during regular business hours in the office of
    28  the Chief Clerk. The Chief Clerk shall prescribe reasonable
    29  rules and regulations for inspection of such reports but in no
    30  case shall inspection be denied to any person for a period
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     1  exceeding 48 hours (excluding Saturdays and Sundays) from the
     2  time a written request has been submitted to the Chief Clerk.
     3  Photocopies of such reports shall be made available upon request
     4  to a member at no charge or to the public for a duplication fee
     5  as may be fixed by the Chief Clerk. Such reports shall be made
     6  available to a member or to the public on or before the last day
     7  of the month next succeeding the month in which the report was
     8  filed.
     9     All vouchers and requisitions relating to all expenditures,
    10  expenses, disbursements and other obligations out of all
    11  appropriated funds of the House shall be available for public
    12  inspection during regular business hours in the office of the
    13  Chief Clerk or at such other location within the Capitol as the
    14  Chief Clerk shall prescribe.
    15     All requests to review payroll and independent contractor
    16  records of the House or any other vouchers or requisitions for
    17  funds appropriated to the House shall be made to the Chief
    18  Clerk, in writing, at least three working days prior to the date
    19  on which the review is requested. The request shall be signed by
    20  the party who will be making the review and it shall indicate
    21  the name of the organization or entity employing such
    22  individual. The Chief Clerk shall establish a time during normal
    23  business hours for the review to occur and he shall provide that
    24  the review shall not interfere with the necessary functioning of
    25  the Chief Clerk's office.
    26     All requests for reimbursement out of any appropriation shall
    27  be accompanied by a voucher, or other documents where required,
    28  evidencing payment or approval. The voucher form shall be
    29  approved and supplied by the Chief Clerk. Receipts or
    30  documentation of every expenditure or disbursement which is in
    20020H0687R4409                  - 7 -

     1  excess of the maximum amount as set forth herein shall be
     2  attached to the voucher. Where a request for payment is made in
     3  advance of an expense actually incurred, the Chief Clerk, before
     4  making such advance payment shall require a description
     5  satisfactory to the Chief Clerk of the item or service to be
     6  purchased or the expense to be incurred, and a receipt or other
     7  documentation shall be given to the Chief Clerk after the item
     8  or service has been purchased or expense incurred as evidence
     9  that such advancement was in fact expended for such purpose.
    10     All reports, vouchers and receipts from which reports are
    11  prepared and filed shall be retained by the Chief Clerk, officer
    12  or member, as the case may be, for such period of time as may be
    13  necessary to enable the Legislative Audit Advisory Commission
    14  created pursuant to the act of June 30, 1970 (P.L.442, No.151)
    15  to conduct, through certified public accountants appointed by
    16  it, annual audits to assure that such disbursements made or
    17  debts incurred were in accordance with Legislative Audit
    18  Advisory Commission guidelines and standards as approved by the
    19  Committee on Rules, or for a minimum of three years, whichever
    20  is longer. All annual audit reports shall be available for
    21  public inspection. Photocopies of such reports shall be
    22  available for a fee established by the Chief Clerk not to exceed
    23  the cost of duplication.
    24     All expenditures of funds appropriated to the House or to a
    25  member or nonmember officer shall be subject to the expenditure
    26  guidelines established by the Rules Committee.



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