Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                            S.224
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                                       S.224
 Introduced by Senators Hardy, Baruth, Bray, Clarkson, Gulick, McCormack,
                Watson, White and Wrenner
 Referred to Committee on
 Date:
 Subject: Legislature; salaries and fees; health insurance; legislator
          compensation and benefits
 Statement of purpose of bill as introduced: This bill proposes to enable
 members of the General Assembly to participate in any flexible spending
 account program offered to State employees for health care expenses or
 dependent care expenses, or both. The bill would also provide annual
 compensation to the Speaker of the House and the president Pro Tempore of
 the Senate, chairs of the standing committees of the House and Senate, and for
 majority and minority leaders. It would provide members of the General
 Assembly compensation for up to 20 days of work during adjournment. The
 bill would tie member compensation to the mean Vermont wage. It would
 allow members of the General Assembly to choose whether to receive their
 payments for meals and lodging expenses as an allowance, which may be
 treated as income subject to tax for federal and State income tax purposes, or
 as reimbursement of actual expenses, which may be excluded from income for
 federal and State income tax purposes. The bill would provide a stipend for
 members-elect to attend orientation programs. It would expand the legislative VT LEG #372001 v.1
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 leave of absence law to allow members to take a leave of absence from any
 job, not only a full-time job, in order to serve in the General Assembly. The
 bill would also create the Legislative Service Working Group to consider and
 make recommendations on issues involving legislative compensation and
 benefits, staffing, administrative support, the length of the legislative session,
 and equalizing the number of members per legislative district in each House.
    An act relating to compensation and benefits for members of the Vermont
    General Assembly
 It is hereby enacted by the General Assembly of the State of Vermont:
          * * * Flex Spending and Employee Assistance Programs * * *
 Sec. 1. 3 V.S.A. § 631 is amended to read:
 § 631. GROUP INSURANCE FOR STATE EMPLOYEES; SALARY
        DEDUCTIONS FOR INSURANCE, SAVINGS PLANS, AND
        CREDIT UNIONS
    (a)(1) The Secretary of Administration may contract on behalf of the State
 with any insurance company or nonprofit association doing business in this
 State to secure the benefits of franchise or group insurance. The terms of
 coverage under the policy shall be determined under section 904 of this title,
 but it may include:
                                        ***
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       (2)(A)(i) As used in this section, the term “employees” includes any
 class or classes of elected or appointed officials, State’s Attorneys, sheriffs,
 employees of State’s Attorneys’ offices whose compensation is administered
 through the State of Vermont payroll system, except contractual and temporary
 employees, and deputy sheriffs paid by the State of Vermont pursuant to
 24 V.S.A. § 290(b), employees of the Vermont Historical Society, the Vermont
 State Employees’ Credit Union, the Vermont State Employees’ Association,
 the Vermont Council on the Arts, and any elected or appointed official who is
 actively engaged in and devoting substantially full-time to the conduct of the
 business of the official’s public office. The term “employees” shall does not
 include members of the General Assembly as such, except as set forth in
 subdivision (iv) of this subdivision (a)(2)(A), any person individual rendering
 service on a retainer or fee basis, members of boards or commissions, or
 persons other than employees of the Vermont Historical Society, the Vermont
 Film Corporation, the Vermont State Employees’ Credit Union, Vermont State
 Employees’ Association, and the Vermont Council on the Arts, any individual
 whose compensation for service is not paid from the State Treasury, or any
 elected or appointed official unless the official who is not actively engaged in
 and devoting substantially full-time to the conduct of the business of the
 official’s public office.
                                        ***
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             (iv) For purposes of any employee assistance program offered to
 State employees and any flexible spending account program offered to State
 employees for health care or dependent care expenses, or both, the term
 “employees” includes members of the General Assembly.
          (B) The premiums for extending insurance coverage to employees
 shall be paid in full by the Vermont Historical Society, the Vermont Film
 Corporation, the Vermont State Employees’ Association, the Vermont State
 Employees’ Credit Union, the Vermont Council on the Arts, or their respective
 retirees. Nothing herein creates a legal obligation on the part of the State of
 Vermont to pay any portion of the premiums required to extend insurance
 coverage to this group of employees.
                                        ***
                     * * * Compensation and Expenses * * *
 Sec. 2. 32 V.S.A. § 1051 is amended to read:
 § 1051. SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE
          OF THE SENATE; CHAIRS OF THE STANDING COMMITTEES
          OF THE HOUSE AND SENATE; MAJORITY AND MINORITY
          LEADERS; COMPENSATION AND EXPENSE
          REIMBURSEMENT
    (a) Speaker of the House and President Pro Tempore of the Senate.
       (1) Annual compensation. The Speaker of the House and the President
 Pro Tempore of the Senate shall be entitled to receive annual compensation of
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 $10,080.00 for the 2005 Biennial Session and thereafter, to be paid in biweekly
 payments, provided that, beginning on January 1, 2007, the annual
 compensation shall be adjusted annually thereafter by the cost of living
 adjustment negotiated for State employees under the most recent collective
 bargaining agreement, except that, beginning on July 1, 2021 and annually
 thereafter on January 1, the annual compensation shall be adjusted consistent
 with the compensation increases provided to other constitutional officers equal
 to 30 percent of the mean Vermont wage. In addition to the annual
 compensation The mean Vermont wage shall be determined on the first day of
 each November using the U.S. Bureau of Labor Statistics’ most recent
 Occupational Employment and Wage Survey, and that figure shall be used for
 the subsequent calendar year. The annual compensation of the Speaker and
 President Pro Tempore shall be paid in biweekly installments.
       (2) Regular session compensation. During the regular session, the
 Speaker of the House and President Pro Tempore of the Senate shall be entitled
 to receive:
       (1) $652.00 a week for the 2005 Biennial Session and thereafter, to be
 paid in biweekly payments during the regular and adjourned sessions of the
 General Assembly, provided that, beginning on January 1, 2007, the weekly
 compensation shall be adjusted annually thereafter by the cost of living
 adjustment negotiated for State employees under the most recent collective
 bargaining agreement, except that, beginning on July 1, 2021 and annually VT LEG #372001 v.1
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 thereafter on January 1, the weekly compensation shall be adjusted consistent
 with the compensation increases provided to other constitutional officers;
       (2) an amount equal to one-fifth of the annually adjusted weekly
 compensation set forth in subdivision (1) of this subsection, rounded up to the
 nearest dollar, per day during a special session of the General Assembly; and a
 weekly salary equal to a one-fifty-second (1:52) portion of 130 percent of the
 mean Vermont wage. The mean Vermont wage shall be determined on the
 first day of each November using the U.S. Bureau of Labor Statistics’ most
 recent Occupational Employment and Wage Survey, and that figure shall be
 used for the subsequent calendar year. The regular and special session
 compensations of the Speaker of the House and President Pro Tempore of the
 Senate shall be paid in biweekly installments.
       (3) Adjournment for Town Meeting Day. The Speaker of the House and
 President Pro Tempore of the Senate shall be entitled to receive compensation
 as described in subdivision (2) of this subsection for the days in which the
 General Assembly is adjourned in observance of Town Meeting Day. The
 Speaker of the House and President Pro Tempore of the Senate shall not be
 entitled to receive any reimbursement of expenses for expenses as described in
 subdivision (5) of this subsection for the days in which the General Assembly
 is adjourned in observance of Town Meeting Day.
       (4) Special session compensation. During a special session, the Speaker
 of the House and President Pro Tempore of the Senate shall be entitled to an VT LEG #372001 v.1
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 amount equal to a one-fifth (1:5) portion of the regular session weekly adjusted
 compensation set forth in subdivision (2) of this subsection, rounded up to the
 nearest dollar, for each day of a special session that the House in which the
 member serves shall sit.
       (5) Additional compensation during adjournment. The Speaker of the
 House and President Pro Tempore of the Senate may claim and shall be
 entitled to receive compensation for times not described in subdivisions (1)–(4)
 in this subsection equal to a one-fifth (1:5) portion of the regular session
 adjusted weekly compensation described in subdivision (2) of this subsection,
 rounded up to the nearest dollar, for up to 20 days of work in their official
 capacity as a member of the General Assembly that is not otherwise
 compensated, including attending meetings requested by other State officials,
 professional development, community meetings related to the jurisdiction of
 any committee on which the Speaker or President Pro Tempore serves, and
 providing assistance or services to a constituent of the district that the Speaker
 or President Pro Tempore represents. The Speaker or President Pro Tempore
 shall not be entitled to receive compensation under this subdivision for
 activities conducted for the purpose of influencing an election, advocating a
 position on a public question, supporting or opposing one or more candidates,
 or organizing a political party, as defined by 17 V.S.A. § 2901.
       (3)(6) Expenses. The Speaker of the House and President Pro Tempore
 of the Senate shall be entitled to reimbursement of expenses for mileage,
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 meals, and lodging expenses as provided to members of the General Assembly
 under subsection 1052(b) of this title during the biennial, adjourned, and
 special sessions of the General Assembly and in addition such other actual and
 necessary expenses incurred while engaged in duties imposed by law.
    (b) Chairs of the standing committees of the House and Senate; majority
 and minority leaders in the House and the Senate.
       (1) Annual compensation. The chairs of the standing committees and
 majority and minority leaders in the House and Senate shall be entitled to
 receive annual compensation equal to a one-tenth (1:10) portion of the mean
 Vermont wage. The mean Vermont wage shall be determined on the first day
 of each November using the U.S. Bureau of Labor Statistics’ most recent
 Occupational Employment and Wage Survey, and that figure shall be used for
 the subsequent calendar year. The annual compensation of the chairs of the
 standing committees and the majority and minority leaders in the House and
 Senate shall be paid in biweekly installments.
       (2) Regular session compensation. During the regular session, the
 chairs of the standing committees and majority and minority leaders in the
 House and Senate shall be entitled to receive a weekly salary equal to a one-
 fifty-second (1:52) portion of 110 percent of the mean Vermont wage. The
 mean Vermont wage shall be determined on the first day of each November
 using the U.S. Bureau of Labor Statistics’ most recent Occupational
 Employment and Wage Survey, and that figure shall be used for the VT LEG #372001 v.1
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 subsequent calendar year. The regular and special session compensations of
 the chairs of the standing committees and the majority and minority leaders in
 the House and Senate shall be paid in biweekly installments.
       (3) Special session compensation. During a special session, the chairs
 of the standing committees and the majority and minority leaders in the House
 and Senate shall be entitled to an amount equal to a one-fifth (1:5) portion of
 the regular session weekly adjusted compensation set forth in subdivision (2)
 of this subsection, rounded up to the nearest dollar, for each day of a special
 session that the House in which the member serves shall sit.
       (4) Additional compensation during adjournment. The chairs of the
 standing committees and the majority and minority leaders in the House and
 Senate may claim and shall be entitled to receive compensation for times not
 described in subdivisions (1)–(3) in this subsection equal to a one-fifth
 (1:5) portion of the regular session adjusted weekly compensation described in
 subdivision (2) of this subsection, rounded up to the nearest dollar, for up to
 20 days of work in their official capacity as a member of the General
 Assembly that is not otherwise compensated, including attending meetings
 requested by other State officials, professional development approved by the
 Speaker of the House or the President Pro Tempore of the Senate, community
 meetings related to the jurisdiction of any committee on which the member
 serves, and providing assistance or services to a constituent of the district that
 the member represents. The chairs of the standing committees and the VT LEG #372001 v.1
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 majority and minority leaders in the House and Senate shall not be entitled to
 receive compensation under this subdivision for activities conducted for the
 purpose of influencing an election, advocating a position on a public question,
 supporting or opposing one or more candidates, or organizing a political party,
 as defined by 17 V.S.A. § 2901.
    (c) Limit on compensation.
       (1) The Speaker of the House and President Pro Tempore of the Senate,
 the chairs of the standing committees of the House and Senate, and the
 majority and minority leaders in the House and the Senate shall not be entitled
 to receive both compensation pursuant to subsections (a)–(b) of this section
 and compensation pursuant to subsection 1052(a) of this title.
       (2) A member of the General Assembly shall not be entitled to receive
 compensation pursuant to subsection (b) of this section both as a chair of a
 standing committee and as a majority or minority leader.
 Sec. 3. 32 V.S.A. § 1052 is amended to read:
 § 1052. MEMBERS OF THE GENERAL ASSEMBLY; COMPENSATION
         AND EXPENSE REIMBURSEMENT
    (a) Compensation.
       (1) Regular session compensation. Each member of the General
 Assembly, other than the Speaker of the House and the President Pro Tempore
 of the Senate, is entitled to a weekly salary of $589.00 for the 2005 Biennial
 Session and thereafter, provided that, beginning on January 1, 2007, the VT LEG #372001 v.1
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 weekly compensation shall be adjusted annually thereafter by the cost of living
 adjustment negotiated for State employees under the most recent c