PRINTER'S NO. 4409
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. 20020H0687R4409 - 2 -
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. 20020H0687R4409 - 3 -
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. 20020H0687R4409 - 4 -
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: 20020H0687R4409 - 5 -
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 20020H0687R4409 - 6 -
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. I27L80RZ/20020H0687R4409 - 8 -