THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY CUTLER, CLYMER, GINGRICH, GRELL, KAUFFMAN, REICHLEY, ROCK, STERN, SWANGER AND VULAKOVICH, MARCH 14, 2011

REFERRED TO COMMITTEE ON RULES, MARCH 14, 2011  

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

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

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. 

(4)  Official entertainment─restaurant and beverage charges;

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.

No money appropriated for members' and employees' expenses

shall be used for contributions to charitable organizations or

for charitable advertisements. This paragraph shall not prevent

a de minimis use of legislative resources, in connection with

legislative activities, to benefit a bona fide charitable

organization that serves a member's district.

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

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

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

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 60 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

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.

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.