House Resolution 9

A RESOLUTION TO AMEND HOUSE RULE 10A AND HOUSE RULE 11A, 2008-2012 RULES OF THE HOUSE OF REPRESENTATIVES, TO PROHIBIT THE SPEAKER PRO TEMPORE FROM RECEIVING ANY COMPENSATION OR ALLOWANCE IN ADDITION TO THAT PROVIDED BY LAW, EXCEPT WHEN THE SPEAKER PRO TEMPORE IS SERVING AS SPEAKER DURING THE ABSENCE, ILLNESS OR DISABILITY OF THE SPEAKER.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That Rule 10A of the 2008-2012 Rules of the House of Representatives is amended as follows:

10A. (1) There is hereby created in the House of Representatives the Office of Speaker Pro Tempore of the Mississippi House of Representatives (hereinafter Speaker Pro Tempore).

(2) The Speaker Pro Tempore shall be elected on the same day and in the same manner and method as may be designated for the election of the Speaker of the House of Representatives.

(3) The Speaker Pro Tempore shall serve a term of four (4) years, which term as Speaker Pro Tempore shall expire concurrently with the term being served by the Speaker Pro Tempore as a member of the House of Representatives.

(4) Any vacancy in the Office of Speaker Pro Tempore occurring during a regular or special legislative session shall be filled by election of the House of Representatives within five (5) calendar days after the vacancy occurs. Any vacancy occurring during an interim between legislative sessions shall be filled within the first five (5) calendar days of the next succeeding regular or special session. The person so elected shall serve only the remainder of the unexpired term.

(5) The Speaker Pro Tempore shall have the following powers, duties and responsibilities:

(a) To serve as Speaker of the House of Representatives during the absence, illness or disability of the Speaker, thereby assuming all powers, duties, responsibilities and privileges conferred upon the Speaker by the Constitution, statute, law or rule;

(b) To become Speaker of the House of Representatives in the event of the death of the Speaker, thereby assuming all powers, duties, responsibilities and privileges conferred upon the Speaker by the Constitution, statute, law or rule. However, if the Speaker Pro Tempore becomes the Speaker of the House, a new Speaker Pro Tempore shall be elected;

(c) To preside over the House of Representatives when the Speaker is not presiding and to preside over the House when sitting as the Committee of the Whole unless the Speaker Pro Tempore moved that the House go into the Committee of the Whole;

(d) To serve as the Chairman of the House Management Committee, having full powers of discussion, participation and voting;

(e) To serve as an ex officio member of the Rules Committee, having full powers of discussion, participation and voting;

(f) To consult with the Speaker in resolving points of order or other parliamentary matters; and

(g) Such other powers, duties and responsibilities as may be conferred upon the Speaker Pro Tempore by law or legislative rule or policy.

For performing the powers, duties and responsibilities set forth in paragraphs (a) through (g) of this subsection (5), the Speaker Pro Tempore shall not receive any compensation or allowance in addition to that provided by statute or law, except as follows: The Speaker Pro Tempore may receive additional compensation if the Management Committee adopts a policy to provide additional compensation to the Speaker Pro Tempore during such time as he is serving as Speaker under the provisions of paragraph (a) of this subsection (5).

BE IT FURTHER RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That Rule 11A of the 2008-2012 Rules of the House of Representatives is amended as follows:

11A. (1) There is created the House of Representatives Management Committee (hereinafter Management Committee) to be composed of the Speaker Pro Tempore, who shall serve as ex officio chairman, having full powers of discussion and voting, the Speaker, who shall be ex officio a voting member thereof, and ten (10) other representatives, two (2) from each congressional district of Mississippi as constituted on January 1, 1996, 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 vice chairman and secretary.

* * * The members of the Management Committee * * * 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 and the Speaker Pro Tempore 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 policies, rules and regulations, not inconsistent with these rules, as it deems necessary for the efficient operation of the committee; however, the committee shall not be authorized to adopt any policy, rule or regulation under which the Speaker Pro Tempore may receive any compensation or allowance in addition to that provided by statute or law, except as follows: The Management Committee may adopt a policy to provide additional compensation to the Speaker Pro Tempore during such time as he is serving as Speaker during the absence, illness or disability of the Speaker, under the provisions of subsection (5)(a) of House Rule 10A.

(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, in addition to its other responsibilities, shall 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 the Clerk or as the 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 the positions that are approved by the Management Committee shall be hired by the committee with approval of the Speaker. The Speaker shall recommend the compensation to be paid to the Speaker's staff and the committee shall consider these recommendations when fixing those 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 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.

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

(d) 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 Department of Finance and Administration 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 designated or created in the Senate of the State of Mississippi a committee with like duties and responsibilities of the House Management Committee, the House Management Committee is authorized to meet jointly with such corresponding Senate committee in order to more effectively carry out the provisions of this rule.

BE IT FURTHER RESOLVED, That the amendments to House Rules 10A and 11A contained in this resolution shall take effect immediately upon adoption of this resolution by the House of Representatives.