House Resolution 65

A RESOLUTION TO REPEAL RULE 10A OF THE HOUSE RULES WHICH CREATES THE OFFICE OF SPEAKER PRO TEMPORE OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES AND PRESCRIBES THE POWERS AND DUTIES OF SUCH OFFICE; TO AMEND RULE 11A OF THE HOUSE RULES TO REMOVE REFERENCES TO THE SPEAKER PRO TEMPORE AS A MEMBER OF THE HOUSE MANAGEMENT COMMITTEE AND TO REDUCE THE NUMBER OF MEMBERS OF THE COMMITTEE AS A RESULT OF THE REDUCTION IN THE NUMBER OF CONGRESSIONAL DISTRICTS IN MISSISSIPPI; AND TO AMEND RULES 7, 11 AND 56 OF THE HOUSE RULES IN CONFORMITY WITH THE PROVISIONS OF THIS RESOLUTION.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That Rule 10A of the 2000-2004 Rules of the House, which creates the Office of Speaker Pro Tempore of the Mississippi House of Representatives and prescribes the powers and duties of such office, is repealed.

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That Rule 11A of the 2000-2004 Rules of the House is amended as follows:

"11A. (1) There is hereby created the House of Representatives Management Committee (hereinafter Management Committee) to be composed of * * * the Speaker, who shall be ex officio a voting member thereof, and eight (8) other representatives, two (2) from each congressional district of Mississippi as constituted on January 1, 2003, to be elected by caucus of the representatives from each such district. The place of residence of a representative shall determine the congressional district caucus in which the representative shall participate and from which the representative may hold membership on the Management Committee. The members of the Management Committee shall select, from among its members, a chairman, a vice chairman and secretary, but the Speaker shall not be eligible to serve as chairman or vice chairman of the Management Committee.

The members of the Management Committee elected in the year 1987 shall be elected within ten (10) calendar days following the adoption of this rule. The members of the Management Committee thereafter shall be elected during the first calendar week of each regular session having one hundred twenty-five (125) calendar days. Members shall serve a term of four (4) years, and each member's term shall end on the date on which the member's term in the House of Representatives expires.

(2) No member of the Management Committee shall serve concurrently as a member of the House Rules Committee, except that the Speaker * * * shall serve on the Rules Committee as provided in Rule 11."

(3) Any vacancy of a congressional district position occurring during a regular annual legislative session shall be filled by election by the appropriate caucus within ten (10) calendar days after the vacancy occurs. Any vacancy occurring between regular annual legislative sessions shall be filled by election by the appropriate caucus during the first five (5) calendar days of the next succeeding regular or special session of the Legislature.

(4) The Management Committee shall meet at such times as are necessary for the proper exercise of its functions, and shall have the authority to adopt rules and regulations, not inconsistent with these rules, as it deems necessary for the efficient operation of the committee.

(5) Action by a majority vote of the Management Committee shall control and be conclusive on any matter properly concerning the House of Representatives.

(6) The committee shall function on a year-round basis and when the Legislature is not in session, members of the committee shall be compensated as provided in Section 25-3-69, Mississippi Code of 1972, for each day spent in actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties. No committee member may incur per diem, travel or other expenses unless authorized by vote at a meeting of the committee, which action shall be recorded in the official minutes of the committee.

(7) The Management Committee shall, in addition to its other responsibilities, perform the following duties:

(a) Conduct the business affairs of the House of Representatives;

(b) Investigate the feasibility of new and additional staff agencies and make recommendations to the House of Representatives;

(c) Assign such space in the Capitol or in such other buildings or parts thereof as may be reserved for the House of Representatives and have complete control, authority and jurisdiction over such rooms, chambers, offices and other areas. Any assignment of space shall be subject to change by the Management Committee. No other branch of the government, or a department or agency thereof, shall use any room, chamber, office or other area without specific written authorization from the Management Committee. The Management Committee is hereby authorized to delegate its powers with regard to any such room, chamber, office or other area in connection with the maintenance, repairing, construction, reconstruction and refurbishing thereof in such a manner as it deems advisable;

(d) Staff interim committees;

(e) Staff standing committees; and

(f) Continually assess ways and means to improve the organization, procedures, facilities and working conditions of the House of Representatives.

(8) The Management Committee shall have the authority to designate a director, who may also serve as Director of the House Legislative Services Office, and who shall carry out the directives of the Management Committee and shall perform any and all duties of the Management Committee delegated to him. The Management Committee may employ other personnel as may be necessary to discharge its duties and responsibilities. All such personnel shall serve at the pleasure of the Management Committee.

The Management Committee shall also have the authority to fix the salaries of all personnel employed by the House of Representatives.

All employees of the House of Representatives required to travel in the performance of official duties shall be reimbursed for actual subsistence and travel expenses incurred by them while on official business as provided by law, provided such travel has prior approval of the Management Committee or the director under such authority as may be granted to him by the Management Committee.

(9) In providing for the staffing of the Speaker's staff and of committees, the Management Committee shall have the responsibility for determining the necessity of any staff positions requested by the Speaker or the chairman of any committee, as the case may be. The persons to be employed for such positions approved by the Management Committee shall be hired with approval of the Speaker or the chairman of the committee concerned, as the case may be. The Speaker or the committee chairman, as the case may be, shall recommend the compensation to be paid to the Speaker's staff or committee staff members, as the case may be, and the Management Committee shall consider these recommendations when fixing such salaries.

(10) The Management Committee, upon request of the chairman of any standing committee of the House of Representatives, may authorize expenses, to include per diem, mileage, meals and lodging, to be paid for members attending the meeting of any standing committee or subcommittees thereof during the period in which the Legislature is not in session, which shall not exceed the compensation provided for members of the Management Committee provided for in subsection (6) of this rule. The Management Committee shall adopt rules and regulations concerning time, places and number of meetings that may be held for which members will be compensated, such rules and regulations to require prior approval of meetings in order for members to be compensated.

(11) The Management Committee shall have general administrative powers and the responsibility for the proper operation of the House Legislative Services Office.

(a) The director, subject to approval of the Management Committee, shall employ full-time professional, technical, clerical and stenographic assistance as may be necessary to carry out the provisions of this subsection.

(b) The House Legislative Services Office shall cooperate with the State Librarian in maintaining a reference library which shall contain, but shall not be limited to, study reports and information gathered by the departments and the various committees of the Legislature so as to provide a continuity of information from year to year.

(c) The House Legislative Services Office shall assist the House of Representatives, its committees, commissions and individual members of the House of Representatives as follows in:

(i) Bill research;

(ii) Bill drafting;

(iii) Bill analysis;

(iv) Preparation and writing of standing and interim committee reports; and

(v) Such other duties as prescribed by the Management Committee.

(d) The House Legislative Services Office must be authorized, in writing, by a House member to prepare a draft before it undertakes the preparation thereof.

(e) No employee of the House Legislative Services Office shall:

(i) Reveal to any person outside his office the contents or nature of any request for services made by any member of the House except with the written consent of the person making such request;

(ii) Urge, oppose or attempt to influence any legislation;

(iii) Give legal advice on any subject to any person, firm or corporation, except members of the House; nor

(iv) During his employment be associated or interested in the private practice of law in any matter without prior approval of the Management Committee.

A violation of any provision of this section by an employee shall be sufficient cause for his or her immediate dismissal. However, this paragraph shall not be a limitation on the authority of the Management Committee to dismiss or change its employees.

(12) The Office of General Services shall cooperate with the Management Committee in making space available either in the Capitol or in any other buildings easily accessible to members of the Legislature.

(13) The funds necessary to carry out the provisions of this rule shall be paid from the funds appropriated to the House of Representatives Contingent Fund made by the Legislature for the purposes herein set out.

(14) At such time as there may be created in the Senate of the State of Mississippi a corresponding management committee with like duties and responsibilities of the House Management Committee, the House Management Committee is authorized to meet jointly with such corresponding Senate Management Committee in order to more effectively carry out the provisions of this rule.

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That Rule 7 of the 2000-2004 Rules of the House is amended as follows:

"7. He shall have the right to name any member to perform the duties of the chair * * *, but such substitution shall not extend beyond three (3) legislative days; provided, however, that in the case of his illness or unavoidable absence * * *, he may make such appointment for a period not exceeding five (5) days, with the approval of the House at the time the same is made, and in his absence and omission to make such appointment, the House shall proceed to elect a Speaker Pro Tempore to act during his absence."

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That Rule 11 of the 2000-2004 Rules of the House is amended as follows:

"11. From and after December 31, 2003, the Rules Committee shall be composed of the Speaker, who shall be ex officio a voting member thereof, * * * one (1) member from the state at large appointed by the Speaker, and eight (8) other members, two (2) from each congressional district as constituted on January 1, 2003, to be selected by the members from their respective congressional districts by caucus. The place of residence of a member representing such district shall determine the congressional district caucus in which he shall participate and for which he may hold membership on the Rules Committee. The Speaker shall appoint the chairman and the vice chairman from among the members of the Rules Committee, but * * * the Speaker * * * shall not be eligible to serve as chairman or vice chairman of the Rules Committee.

Any vacancy of a congressional district position occurring during a regular annual legislative session shall be filled by election of the appropriate caucus within ten (10) calendar days after the vacancy occurs. Any such vacancy occurring between regular annual sessions shall be filled by caucus election during the first five (5) calendar days of the next succeeding regular or special session of the Legislature.

No member of the Rules Committee shall concurrently serve as a member of the House Management Committee, except that the Speaker * * * shall serve on the Management Committee as provided in Rule 11A."

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That Rule 56 of the 2000-2004 Rules of the House is amended as follows:

"56. In all cases in forming a Committee of the Whole, which shall be done by a two-thirds (2/3) vote of the members present and voting, the Speaker shall leave his chair, after appointing a chairman to preside, who shall, in case of disturbance or disorderly conduct in the gallery or lobby, have the power to cause the same to be cleared, but the member making the motion to go into Committee of the Whole shall not be called to the chair."

BE IT FURTHER RESOLVED, That this resolution shall take effect and be in force from and after December 31, 2003.