Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                               SB 485.1
                                                 SENATE BILL NO. 485
            INTRODUCED BY J. SMALL, T. MCGILLVRAY, P. FLOWERS, R. LYNCH, J. ELLSWORTH
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  A BILL FOR AN ACT ENTITLED: “AN ACT RAISING THE HOURLY RATE OF LEGISLATOR
  COMPENSATION; AMENDING SECTION 5-2-301, MCA; AND PROVIDING AN APPLICABILITY DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 5-2-301, MCA, is amended to read:
          "5-2-301.   Compensation and expenses for members while in session. (1) Legislators are entitled
  to a salary commensurate to that of the daily rate for an employee earning $10.33 $25 an hour when the
  regular session of the legislature in which they serve is convened under 5-2-103 for those days during which
  the legislature is in session. The hourly rate must be adjusted by any statutorily required pay increase. The
  president of the senate and the speaker of the house must receive an additional $5 a day in salary for those
  days during which the legislature is in session.
          (2)      Legislators may serve for no salary.
          (3)      Subject to subsection (4), legislators are entitled to a daily allowance, 7 days a week, during a
  legislative session, as reimbursement for expenses incurred in attending a session. Expense payments must
  stop when the legislature recesses for more than 3 days and resume when the legislature reconvenes.
          (4)      After November 15, and prior to December 15 of each even-numbered year, the department of
  administration shall conduct a survey of the allowance for daily expenses of legislators for the states of North
  Dakota, South Dakota, Wyoming, and Idaho. The department shall include the average daily expense
  allowance for Montana legislators in determining the average daily rate for legislators. The department shall
  include only states with specific daily allowances in the calculation of the average. If the average daily rate is
  greater than the daily rate for legislators in Montana, legislators are entitled to a new daily rate for those days
  during which the legislature is in session. The new daily rate is the daily rate for the prior legislative session,
  increased by the percentage rate increase as determined by the survey, a cost-of-living increase to reflect
  inflation that is calculated pursuant to 2-15-122(5)(a), or 5%, whichever is less. The expense allowance is
                                                                -1-                      Authorized Print Version – SB 485
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68th Legislature 2023                                                                                               SB 485.1
  effective when the next regular session of the legislature in which the legislators serve is convened under 5-2-
  103.
          (5)      Legislators are entitled to a mileage allowance as provided in 2-18-503 for each mile of travel
  to the place of the holding of the session and to return to their place of residence at the conclusion of the
  session.
          (6)      In addition to the mileage allowance provided for in subsection (5), legislators, upon submittal
  of an appropriate claim for mileage reimbursement to the legislative services division, are entitled to:
          (a)      three additional round trips to their place of residence during each regular session; and
          (b)      additional round trips as authorized by the legislature during special session.
          (7)      Legislators are not entitled to any additional mileage allowance under subsection (5) for a
  special session if it is convened within 7 days of a regular session.
          (8)      The department of administration shall work with the legislative services division to offer
  options to legislators to receive their session salary provided for in subsection (1) over the 2-year legislative
  term or a portion of the term. The options must be offered to all legislators in order to assist legislators to
  manage their income over the term. The per diem allowance and mileage as provided in this section, salary
  during a special session as provided in 5-3-101, and the salary during the interim as provided for in 5-2-302
  may not be affected."
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          NEW SECTION. Section 2.         Applicability. [This act] applies to compensation for legislators who will
  serve in or after the 2025 legislative session.
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                                                                -2-                      Authorized Print Version – SB 485
Statutes affected: 
SB0485_1.pdf: 5-2-301
SB0485_2.pdf: 5-2-301
Amended: 5-2-301
Introduced: 5-2-301