AN ACT

 

1Providing for expenses of members and employees of the House of
2Representatives.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Members' and employees' expenses.

6(a) General rule.--A member of the House of Representatives
7who:

8(1) attends a duly called meeting of a standing or
9special committee of which he or she is a member when the
10House of Representatives is not in session;

11(2) is the prime sponsor of a bill being considered at a
12duly called meeting of a standing or special committee and
13participates in the meeting for the purpose of consideration
14of the bill when the House of Representatives is not in
15session;

16(3) testifies at a duly called meeting of a standing or
17special committee when the House of Representatives is not in

1session;

2(4) is summoned to the State Capitol or elsewhere by the
3Speaker of the House of Representatives, or the Majority or
4Minority Leader of the House of Representatives, to perform
5legislative services on a weekday when the House of
6Representatives is not in session;

7(5) conducts legislative service or performs a State-
8related job duty on a weekday when the House of
9Representatives is not in session, including, but not limited
10to, attending caucus meetings, participating in State-
11sponsored events such as the Pennsylvania Farm Show, touring
12State facilities, participating in meetings with the
13Governor's Office or a State department, board or commission,
14preparing for session or legislative meetings, working on
15legislation and other similar purposes; or

16(6) is present in the Capitol on a nonsession day
17immediately following a session day exclusively due to
18inclement weather, to a medical condition of the member that
19prevents the member from safely operating a motor vehicle, to
20a late adjournment or late recess of the House of
21Representatives or to such other unforeseeable event that
22prevents the member from leaving the Capitol as approved by
23the Chief Clerk,

24shall be reimbursed per day for each day of service, plus
25mileage to and from the member's residence, at such rates as are
26established from time to time by the Committee on Rules but not
27in excess of the applicable maximum mileage rate authorized by
28the Federal Government. For travel to any location for committee
29meetings or for travel to the State Capitol for any reason,
30members cannot receive reimbursement in excess of the applicable

1maximum per diem rate authorized by the Federal Government.
2These expenses shall be paid by the Chief Clerk from
3appropriation accounts under the Chief Clerk's exclusive control
4and jurisdiction, upon a written request approved by the Speaker
5of the House of Representatives or the Majority or the Minority
6Leader of the House. Reimbursement of a member under paragraphs
7(5) and (6) shall be limited to no more than 52 days annually.

8(b) Employees.--An employee of the House of Representatives
9summoned by the Speaker of the House of Representatives or the
10Majority or Minority Leader of the House of Representatives to
11perform legislative services outside of Harrisburg shall be
12reimbursed for actual expenses and mileage to and from the
13employee's residence. Such expenses may be paid by the Speaker,
14Majority or Minority Leader, if they agree to do so, or shall be
15paid by the Chief Clerk from appropriation accounts under the
16Chief Clerk's exclusive control and jurisdiction, upon a written
17request approved by the Speaker, or the Majority or the Minority
18Leader. District office employees are only permitted to be
19reimbursed from an account under the control of the Chief Clerk
20when traveling to Harrisburg for a training program sponsored by
21either caucus or for travel to a legislative conference approved
22by the Speaker, the Majority Leader or the Minority Leader. All
23other travel by district office employees may be reimbursed from
24the member's accountable expenses or an account under the
25control of the Speaker, the Majority Leader or the Minority
26Leader.

27(c) Travel outside Commonwealth.--Members and employees
28traveling outside this Commonwealth who receive any
29reimbursement for expenses or travel which reimbursement is from
30public funds shall file with the Chief Clerk a statement

1containing his or her name and the name, place, date and the
2purpose of the function.

3(d) Exceptions.--Except as otherwise provided in this
4section, no member shall be entitled to a per diem for a day
5when the House of Representatives is not in session:

6(1) for attending a meeting of a standing or special
7committee of which he or she is not a member;

8(2) if the day is an official holiday of the House of 
9Representatives and the staff of the House of Representatives
10has been advised that the House of Representatives will be
11closed that day and the staff is not required to report to
12work, unless the official holiday is the day immediately
13before a session day or the day immediately after a session
14day; or

15(3) if the day is a Saturday or Sunday, unless it is the
16day immediately before a session day or the day immediately
17after a session day.

18(e) Funding source for reimbursement.--Money appropriated
19specifically to and allocated under a specific symbol number for
20allowable expenses of members of the House of Representatives
21shall be reimbursed to each member upon submission of vouchers
22and any required documentation by each member on forms prepared
23by the Chief Clerk of the House of Representatives. No
24reimbursement shall be made from this account where a member is
25directly reimbursed for the same purpose from any other
26appropriation account.

27(f) Legislative purposes and functions.--Such allowable
28expenses of members may be used for any legislative purpose or
29function, including but not limited to the following:

30(1) Travel expense on legislative business.

1(i) Mileage on session or nonsession days at a rate
2as may be approved from time to time by the Committee on
3Rules, but not in excess of the maximum mileage rate
4authorized by the Federal Government for travel; voucher
5only.

6(ii) Miscellaneous transportation on legislative
7business, including taxi, airport limousine parking and
8tolls, and expenses of a similar nature; voucher only for
9any single expense not in excess of $10.

10(iii) Travel on legislative business by common
11carrier other than taxi and airport limousine; voucher
12and receipt from common carrier.

13(iv) Car rental; voucher and receipt from rental
14agency but reimbursement not to exceed in any month an
15amount as may be approved from time to time by the
16Committee on Rules. Any amount in excess of the amount
17shall be paid by the person renting the car. In no event
18shall other than American manufactured cars be rented.

19(v) Lodging, restaurant charges and other
20miscellaneous and incidental expenses while away from
21home. Vouchers only for per diem allowance approved from
22time to time by the Committee on Rules, but not in excess
23of the applicable maximum per diem rate authorized by the
24Federal Government or for actual expenses not in excess
25of such per diem rate.

26(2) Administrative, clerical and professional services
27for legislative business, except for employment of spouses or
28any relatives, by blood or marriage.

29(i) Administrative and clerical services; voucher
30and receipt from person employed.

1(ii) Professional services; voucher and receipt and
2copy of agreement or contract of employment.

3(3) Rent for legislative office space; purchase of
4office supplies; postage; telephone and answering services;
5printing services and rental only of office equipment;
6voucher and vendor's receipt, except for postage expense.

7(4) Official entertainment─restaurant and beverage
8charges; voucher only for expenses. Receipts for
9entertainment expenses, together with a statement of the
10reason for the expense, shall be submitted with the request
11for reimbursement.

12(5) Purchase of flags, plaques, publications,
13photographic services, books and other similar items in
14connection with legislative activities; voucher and vendor's
15receipt.

16(6) Communications and donations in extending
17congratulations or sympathy of illness or death; voucher only
18on expenses not in excess of $35.

19(g) Prohibited expenses.--

20(1) No money appropriated for members' and employees'
21expenses shall be used for contributions:

22(i) To political parties or their affiliated
23organizations.

24(ii) To charitable organizations or for charitable
25advertisements. This paragraph shall not prevent a de
26minimis use of legislative resources, in connection with
27legislative activities, to benefit a bona fide charitable
28organization that serves a member's district.

29(2) Members and employees shall not request
30reimbursement for the private lease of vehicles leased on a

1long-term basis. No payments will be made with respect to
2private, long-term lease vehicle expenses incurred by members
3or employees except with respect to private, long-term lease
4arrangements entered into by a member prior to March 13,
52007, payments for which will be made in accord with the
6rules of the House of Representatives in place on March 12,
72007. The Chief Clerk may enter into a master lease agreement
8with the Department of General Services for the long-term
9lease of automobiles.

10(h) Monthly reports.--

11(1) All disbursements made, debts incurred or
12advancements paid from any appropriation account made to the
13House or to a member or nonmember officer under a General
14Appropriation Act or any other appropriation act shall be
15recorded in a monthly report and filed with the Chief Clerk
16by the person authorized to make the disbursement, incur any
17debt or receive any advancement on a form prescribed by the
18Chief Clerk.

19(2) The Chief Clerk shall prescribe the form of all such
20reports and make such forms available to those persons
21required to file such reports. The report form shall include:

22(i) As to personnel:

23(A) The name, home address, job title, brief
24description of duties and where they are performed,
25department or member or members to whom assigned, the
26name of immediate supervisor and minimum hours of
27employment per week of each employee.

28(B) The appropriation account from which the
29employee is compensated, the amount of compensation
30and whether the person is on salary, per diem or

1contract.

2(ii) As to all other expenditures:

3(A) To whom it was paid, the amount thereof and
4the nature of the goods, services or other purpose
5for which the expenditure was made.

6(B) The appropriation account from which the
7expenditure was made and the name or names of the
8person or persons requesting and authorizing the
9expenditure.

10(3) The reporting requirements as to personnel may be
11fulfilled by the maintenance in the Office of the Chief Clerk
12of the House of Representatives of an alphabetized file
13containing the current information for each employee as
14provided in this subsection.

15(4) All monthly reports filed on disbursements made or
16debts incurred by any officer or member or employee from
17appropriations made to the House of Representatives or to a
18member or nonmember officer under any General Appropriation
19Act, and the documentation for each disbursement, shall be
20public information and shall be available in accordance with
21the act of February 14, 2008 (P.L.6, No.3), known as the
22Right-to-Know Law.

23(i) Public inspection.--All vouchers and requisitions
24relating to all expenditures, expenses, disbursements and other
25obligations out of all appropriated funds of the House of 
26Representatives, and the documentation evidencing payment of the
27vouchers and requisitions, shall be available in accordance with
28the Right-to-Know Law.

29(j) Reimbursement procedure.--

30(1) All requests for reimbursement out of any

1appropriation shall be accompanied by a voucher, or other
2documents where required, evidencing payment or approval.

3(2) All requests for reimbursement out of any
4appropriation payable to a member, nonmember officer or
5employee shall be void if not submitted within 60 days of the
6date that the otherwise allowable expense is incurred for any
7and all otherwise allowable expenses, including without
8limitation, per diem, mileage and actual expenses incurred.

9(3) Any void request for reimbursement may not be paid
10except pursuant to a motion to suspend the provisions of this
11section for good cause specific to the voided request for
12reimbursement.

13(4) In no event shall any payment or reimbursement be
14made for any otherwise allowable expense incurred on or
15before March 12, 2007.

16(5) The voucher form shall be approved and supplied by
17the Chief Clerk. Receipts or documentation of every
18expenditure or disbursement which is in excess of the maximum
19amount as stated in this section shall be attached to the
20voucher. Where a request for payment is made in advance of an
21expense actually incurred, the Chief Clerk, before making
22such advance payment shall require a description satisfactory
23to the Chief Clerk of the item or service to be purchased or
24the expense to be incurred and a receipt or other
25documentation shall be given to the Chief Clerk after the
26item or service has been purchased or expense incurred as
27evidence that the advancement was in fact expended for that
28purpose.

29(k) Recordkeeping.--All reports, vouchers and receipts from
30which reports are prepared and filed shall be retained by the

1Chief Clerk, officer or member, as the case may be, for such
2period of time as may be necessary to enable the Legislative
3Audit Advisory Commission created pursuant to the act of June
430, 1970 (P.L.442, No.151), entitled "An act implementing the
5provisions of Article VIII, section 10 of the Constitution of
6Pennsylvania, by designating the Commonwealth officers who shall
7be charged with the function of auditing the financial
8transactions after the occurrence thereof of the Legislative and
9Judicial branches of the government of the Commonwealth,
10establishing a Legislative Audit Advisory Commission, and
11imposing certain powers and duties on such commission," to
12conduct, through certified public accountants appointed by it,
13annual audits to assure that such disbursements made or debts
14incurred were in accordance with Legislative Audit Advisory
15Commission guidelines and standards as approved by the Committee
16on Rules, or for a minimum of three years, whichever is longer.
17All annual audit reports shall be available for public
18inspection. Photocopies of such reports shall be available for a
19fee established by the Chief Clerk not to exceed the cost of
20duplication.

21(l) Expenditure guidelines.--Except as specifically
22prohibited by law or limited by this rule, all expenditures of
23funds appropriated to the House of Representatives or to a
24member or nonmember officer shall be subject to the expenditure
25guidelines established by the Rules Committee. The Rules
26Committee shall establish standards regarding documentation
27evidencing payment out of any appropriations account made to the
28House of Representatives or to a member or nonmember officer.

29(m) Bipartisan Management Committee.--The Bipartisan
30Management Committee shall receive and review suggestions from

1the Comptroller on ways to reduce costs and improve the fiscal
2operations of the House of Representatives. The Comptroller,
3following authorization by the Bipartisan Management Committee,
4shall implement cost-reducing and other new measures to improve
5the fiscal operations of the House of Representatives.

6Section 2. Inconsistent rules.

7Any rule or part of a rule of the House of Representatives 
8inconsistent with this act shall be void and of no effect.

9Section 3. Effective date.

10This act shall take effect immediately.