PRINTER'S NO. 135
No. 40 Session of 2003
INTRODUCED BY VITALI, DALEY, DeLUCA, FRANKEL, GEORGE, HARHAI,
LEACH, LEVDANSKY, MELIO, MUNDY AND REED, FEBRUARY 6, 2003
REFERRED TO COMMITTEE ON RULES, FEBRUARY 6, 2003
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 by or 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 [contributions to political parties or their
9 affiliated organizations or to charitable organizations or for
10 charitable advertisements.]:
11 (i) contributions to political parties or their affiliated
12 organizations; or
13 (ii) contributions to charitable organizations or for
14 charitable advertisements; or
15 (iii) purchase of or the reimbursement for the purchase of
16 any radio or television broadcast time outside of free public
17 service announcements; or
18 (iv) payment to or the reimbursement for payments to
19 contractors, corporations, associations, partnerships, sole
20 proprietorships or any other business entity for the purpose of
21 conducting telephone or telemarketing activities except limited
22 survey studies to determine public opinion on various issues.
23 All disbursements made, debts incurred or advancements paid
24 from any appropriation account made to the House or to a member
25 or nonmember officer under a General Appropriation Act or any
26 other appropriation act shall be recorded in a monthly report
27 and filed with the Chief Clerk by the person authorized to make
28 such disbursement, incur any debt or receive any advancement on
29 a form prescribed by the Chief Clerk.
30 The Chief Clerk shall prescribe the form of all such reports
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1 and make such forms available to those persons required to file
2 such reports. Such report form shall include:
3 (1) As to personnel:
4 (a) The name, home address, job title, brief description
5 of duties and where they are performed, department or member
6 or members to whom assigned, the name of immediate supervisor
7 and minimum hours of employment per week of each employee.
8 (b) The appropriation account from which such employee
9 is compensated, the amount of compensation and whether such
10 person is on salary, per diem or contract.
11 (2) As to all other expenditures:
12 (a) To whom it was paid, the amount thereof, and the
13 nature of the goods, services or other purpose for which the
14 expenditure was made.
15 (b) The appropriation account from which the expenditure
16 was made and the name or names of the person or persons
17 requesting and/or authorizing the same.
18 A copy of each such report shall also be filed with the
19 Special Committee on Internal Affairs and House Administration
20 for use in the performance of its duties under Rule 47(a).
21 The reporting requirements as to personnel may be fulfilled
22 by the maintenance in the Office of the Chief Clerk of the House
23 of an alphabetized file containing the current information for
24 each employee as set forth above.
25 All monthly reports filed on disbursements made or debts
26 incurred by any officer or member or employee from
27 appropriations made to the House or to a member or nonmember
28 officer under any General Appropriation Act, and the
29 documentation for each disbursement, shall be public information
30 and shall be available for public inspection during regular
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1 business hours in the office of the Chief Clerk. The Chief Clerk
2 shall prescribe reasonable rules and regulations for inspection
3 of such reports but in no case shall inspection be denied to any
4 person for a period exceeding 48 hours (excluding Saturdays and
5 Sundays) from the time a written request has been submitted to
6 the Chief Clerk. Photocopies of such reports shall be made
7 available upon request to a member at no charge or to the public
8 for a duplication fee as may be fixed by the Chief Clerk. Such
9 reports shall be made available to a member or to the public on
10 or before the last day of the month next succeeding the month in
11 which the report was filed.
12 All vouchers and requisitions relating to all expenditures,
13 expenses, disbursements and other obligations out of all
14 appropriated funds of the House, and the documentation
15 evidencing payment of the vouchers and requisitions, shall be
16 available for public inspection during regular business hours in
17 the office of the Chief Clerk or at such other location within
18 the Capitol as the Chief Clerk shall prescribe. Nothing in this
19 rule shall require release of any information deemed
20 confidential, including, but not limited to, a telephone number,
21 a credit card number and a Social Security number.
22 All requests to review payroll and independent contractor
23 records of the House or any other vouchers or requisitions for
24 funds appropriated to the House shall be made to the Chief
25 Clerk, in writing, at least three working days prior to the date
26 on which the review is requested. The request shall be signed by
27 the party who will be making the review and it shall indicate
28 the name of the organization or entity employing such
29 individual. The Chief Clerk shall establish a time during normal
30 business hours for the review to occur and he shall provide that
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1 the review shall not interfere with the necessary functioning of
2 the Chief Clerk's office.
3 All requests for reimbursement out of any appropriation shall
4 be accompanied by a voucher, or other documents where required,
5 evidencing payment or approval. The voucher form shall be
6 approved and supplied by the Chief Clerk. Receipts or
7 documentation of every expenditure or disbursement which is in
8 excess of the maximum amount as set forth herein shall be
9 attached to the voucher. Where a request for payment is made in
10 advance of an expense actually incurred, the Chief Clerk, before
11 making such advance payment shall require a description
12 satisfactory to the Chief Clerk of the item or service to be
13 purchased or the expense to be incurred, and a receipt or other
14 documentation shall be given to the Chief Clerk after the item
15 or service has been purchased or expense incurred as evidence
16 that such advancement was in fact expended for such purpose.
17 All reports, vouchers and receipts from which reports are
18 prepared and filed shall be retained by the Chief Clerk, officer
19 or member, as the case may be, for such period of time as may be
20 necessary to enable the Legislative Audit Advisory Commission
21 created pursuant to the act of June 30, 1970 (P.L.442, No.151)
22 to conduct, through certified public accountants appointed by
23 it, annual audits to assure that such disbursements made or
24 debts incurred were in accordance with Legislative Audit
25 Advisory Commission guidelines and standards as approved by the
26 Committee on Rules, or for a minimum of three years, whichever
27 is longer. All annual audit reports shall be available for
28 public inspection. Photocopies of such reports shall be
29 available for a fee established by the Chief Clerk not to exceed
30 the cost of duplication.
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1 All expenditures of funds appropriated to the House or to a
2 member or nonmember officer shall be subject to the expenditure
3 guidelines established by the Rules Committee. The Rules
4 Committee shall establish standards regarding documentation
5 evidencing payment out of any appropriations account made to the
6 House or to a member or nonmember officer.
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