Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                    FIRST SPECIAL SESSION-2021
Legislative Document                                                                  No. 1680
S.P. 541                                                                In Senate, May 6, 2021
           An Act To Amend Legislative Expenses Reimbursement and
           Allowances
                                    (AFTER DEADLINE)
    Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule

    Received by the Secretary of the Senate on May 4, 2021. Referred to the Committee on
State and Local Government pursuant to Joint Rule 308.2 and ordered printed.
                                                                         DAREK M. GRANT
                                                                        Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Cosponsored by Representative EVANGELOS of Friendship and
Senator: BREEN of Cumberland, Representative: SYLVESTER of Portland.
                                         Printed on recycled paper
 Be it enacted by the People of the State of Maine as follows:
     Sec. 1. 3 MRSA §2, first ¶, as amended by PL 2011, c. 380, Pt. QQQQ, §1, is
 further amended to read:
      Each Prior to the 131st Legislature, each member of the Senate and House of
 Representatives, beginning with the first Wednesday of December 2000 and thereafter, is
 entitled to $10,815 in the first year and $7,725 in the 2nd year of each biennium, except
 that if a Legislator who is a recipient of retirement benefits from the federal Social Security
 Administration files a written request with the Executive Director of the Legislative
 Council within one week after the biennium commences, the Legislator is entitled to $9,270
 in each year of the biennium. Beginning with the 131st Legislature, each member of the
 Senate and House of Representatives is entitled to $20,000 for each year of the biennium.
 Each member of the Senate and the House of Representatives must receive a an annual
 cost-of-living adjustment in annual legislative salary, except that the percentage increase
 may not exceed 5% in any year, and except that the percentage increase may not exceed
 3% beginning with the fiscal year ending June 30, 2014 in any year. Beginning December
 1, 2001 2024, the salary for each legislative session must be adjusted each December 1st
 by the percentage change in the Consumer Price Index for the most recently concluded
 fiscal year; except that no member of the Senate or the House of Representatives may
 receive a cost-of-living adjustment in annual legislative salary for the Second Regular
 Session of the 124th Legislature, and except that no member of the Senate or the House of
 Representatives may receive a cost-of-living adjustment in annual legislative salary for the
 Second Regular Session of the 125th Legislature and the First Regular Session and the
 Second Regular Session of the 126th Legislature, and any percentage change in the
 Consumer Price Index for the fiscal years ending June 30, 2011, June 30, 2012 and June
 30, 2013 may not be applied to the base salary. In addition, each Legislator is entitled to
 be paid once each week for travel at each legislative session once each week at the same
 rate of the lower of the federal mileage rate and 56¢ per mile to and from that Legislator's
 place of abode as state employees receive, the mileage to be determined by the most
 reasonable direct route, except that Legislators may be reimbursed for tolls paid for travel
 on the Maine Turnpike as long as they have a receipt for payment of the tolls, such tolls to
 be reimbursed when Legislators use the Maine Turnpike in traveling to and from sessions
 of the Legislature or in performance of duly authorized committee assignments. Each
 Legislator is entitled to mileage on the first day of the session, and those amounts of salary
 and expenses at such times as the Legislature may determine during the session, and the
 balance at the end of the session.
     Sec. 2. 3 MRSA §2, 4th ¶, as corrected by RR 2001, c. 2, Pt. A, §1, is amended to
 read:
      Except Prior to the 131st Legislature, except as provided in this section, each member
 of the Senate and House of Representatives is entitled to a meal allowance in the amount
 of $32 and a housing allowance in the amount of $38 for each day in attendance at sessions
 of the Legislature and for each day the member occupies overnight accommodations away
 from home either immediately preceding or immediately following attendance at daily
 sessions of the Legislature. Beginning with the 131st Legislature, each member of the
 Senate and House of Representatives is entitled to a meal allowance in the amount of $32
 and a housing allowance in an amount determined at the beginning of each first regular
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46
 session by the Legislative Council, which must be no less than the average nightly rate of
47
 lodging in the Augusta area or the federal per diem rate for lodging, whichever is less, for
48
 each day in attendance at sessions of the Legislature and for each day the member occupies
49
 overnight accommodations away from home either immediately preceding or immediately
50
 following attendance at daily sessions of the Legislature. The presiding officers may
51
 establish reasonable policies regarding allowances for meals and overnight
52
 accommodations for the day immediately preceding the session, which may include
53
 policies regarding whether an allowance is paid, whether the full amount or a portion of
54
 the statutory allowance is paid and whether receipts are required. In lieu of the meal and
55
 housing allowance, each member is entitled to a daily meal allowance in the amount of $32
56
 and actual daily mileage allowances in an amount up to but not exceeding $38 per day the
57
 daily housing allowance amount. Each member of the Senate also receives an annual
58
 allowance for constituent services in the amount of $2,000, $1,300 in January and $700 in
59
 the month following adjournment of the regular session. Each member of the House of
60
 Representatives also receives an annual allowance for constituent services in the amount
61
 of $1,500, $1,005 in January and $495 in the month following adjournment of the regular
62
 session. Notwithstanding this section, during the first regular session of each legislative
63
 biennium, a member of the Senate or the House of Representatives may elect to receive the
64
 first payment of the annual allowance for constituent services in December following
65
 convening of the Legislature by notifying the Executive Director of the Legislative Council
66
 in the manner prescribed by the executive director. The Executive Director of the
67
 Legislative Council shall inform Legislators of the choice available for payment of the
68
 allowance for constituent services in the first year of the legislative biennium and of any
69
 tax implications associated with exercising that choice.
     Sec. 3. 3 MRSA §2, as amended by PL 2019, c. 475, §§11 and 12, is further amended
 by adding after the 7th paragraph a new paragraph to read:
     Beginning with the 131st Legislature, in a period of national emergency declared by
 the President of the United States or the United States Congress or a period of civil
 emergency declared by the Governor, if the Legislature is in session and Legislators are
 required to work remotely from home or any other location, during any week in which a
 Legislator attends an authorized committee meeting and does not otherwise travel to the
 State House, that Legislator is entitled to a weekly allowance of $250, which must be
 adjusted each December 1st by the percentage change in the Consumer Price Index for the
 most recently concluded fiscal year.
     Sec. 4. 3 MRSA §2, 11th ¶, as amended by PL 1989, c. 501, Pt. O, §5; c. 600, Pt.
 B, §§9 and 10; and c. 878, Pt. D, §§14 and 15, is further amended to read:
      The President of the Senate, the Speaker of the House of Representatives, the floor
 leaders and their assistants and members of a committee, with the approval of the President
 of the Senate or the Speaker of the House of Representatives as to members of a committee,
 may also meet on days when the Legislature is not in daily session at any convenient
 location within the State. Each member of the Senate and House of Representatives shall
 receive is entitled to $55 for every day's attendance when meetings or daily sessions are
 held, a meal allowance in the amount of $32 and a housing allowance whereby actual
 lodging expenses will be reimbursed at the single-room rate, provided that rate determined
 by the Legislative Council at the beginning of each first regular session, as long as a receipt
 is submitted to the Executive Director of the Legislative Council for each day in attendance
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 at such meetings or daily sessions and for each day that member occupies overnight
48
 accommodations away from home either immediately preceding or immediately following
49
 attendance at daily sessions of the Legislature, and actual daily mileage allowances which
50
 shall be paid at the same rate paid to state employees at the rate of the lower of the federal
51
 mileage rate and 56¢ per mile to and from that Legislator's place of abode, the mileage to
52
 be determined by the most reasonable direct route. In lieu of the meal and housing
53
 allowance, each member shall be is entitled to a daily meal allowance in the amount of $32
54
 and actual daily mileage allowances.
     Sec. 5. 3 MRSA §2, 13th ¶, as amended by PL 1989, c. 501, Pt. O, §6; c. 600, Pt.
 B, §§9 and 10; and c. 878, Pt. D, §§14 and 15, is further amended to read:
     If a member of the Legislature dies or otherwise vacates the office, the successor is
 entitled to a salary from the date of seating, for that calendar year that is computed as
 follows: two hundred ten dollars per week times the number of weeks remaining in the
 calendar year if the vacancy occurs in the first year and $150 per week for the number of
 weeks remaining in the calendar year if the vacancy occurs in the 2nd year the annual salary
 for that office divided by 52, the result of which is multiplied by the number of weeks
 between the date of the successor's seating and the end of that calendar year.
                                        SUMMARY
     This bill makes changes to the laws governing compensation, reimbursements and
 allowances for Legislators.
     1. Beginning with the 131st Legislature, it increases the salary of Legislators from an
 estimated $15,954 in the first year and $11,125 in the 2nd year of a biennium, after
 adjustment for inflation, to $20,000 in each year of the biennium.
     2. It increases the mileage allowance for Legislators from 44¢ per mile to the lower of
 the federal mileage rate and 56¢ per mile.
     3. Beginning with the 131st Legislature, it changes the lodging rate for Legislators.
 Currently, the lodging rate is $38 per day; this bill changes the rate to an amount determined
 annually by the Legislative Council, which must be no less than the lower of the average
 nightly rate of lodging in the Augusta area and the federal per diem rate for lodging.
     4. Beginning with the 131st Legislature, it provides a weekly allowance of $250 for
 any week during a period of national emergency or civil emergency in which a Legislator
 is required to work remotely, attends an authorized committee meeting and does not
 otherwise travel to the State House.
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Statutes affected: 
Bill Text LD 1680, SP 541: 3.2