HB213: relative to the mileage reimbursement rate for legislators and prohibiting deductions from compensation or mileage reimbursement of representatives.

HB 213-FN - AS INTRODUCED

2017 SESSION

17-0198

10/01

HOUSE BILL 213-FN

AN ACT relative to the mileage reimbursement rate for legislators and prohibiting deductions from compensation or mileage reimbursement of representatives.

SPONSORS: Rep. Marple, Merr. 24; Rep. Spillane, Rock. 2

COMMITTEE: Legislative Administration

ANALYSIS

This bill provides for one rate established for legislative mileage reimbursement and prohibits deductions from compensation or mileage reimbursement of representatives.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0198

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to the mileage reimbursement rate for legislators and prohibiting deductions from compensation or mileage reimbursement of representatives.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Legislature; Travel Allowance for Members; Mileage Rate. Amend RSA 14:15-a to read as follows:

14:15-a Travel Allowance for Members. [A member of the general court shall be allowed mileage by choosing the method in either paragraph I or II prior to the first mileage reimbursement payment in the term:

I.(a)] I. In the computation of mileage under the provisions of this [paragraph] section, the word “day” shall be deemed to be a calendar day; and, whenever a legislative session shall be continued beyond 12 o’clock midnight, the members present shall be entitled to additional mileage for another day’s attendance; provided, however, that any member of the general court absent for any cause from such attendance shall not be allowed mileage for the day the member is so absent.

[(b)] II. A member of the general court shall be allowed mileage for the round trip to and from the member’s home to the state house in Concord for each day of attendance at the [following rates:

(1) For the first 45 miles, $.38 per mile; and

(2) For all miles in excess of 45 miles, $.19 per mile] rate of $.54 per mile.

[ II. A member of the general court shall be allowed compensation for actual travel expenses of the round trip to and from the member’s home to the state house in Concord. Mileage shall be paid at the maximum rate established in the United States Internal Revenue Code and Regulations for the number of miles traveled.]

2 New Section; Deductions Prohibited; Members of the House of Representatives. Amend RSA 14 by inserting after section 15-b the following new section:

14:15-c Deductions Prohibited; Members of the House of Representatives. Pursuant to the definition of employment under 29 U.S.C. Section 630(f) and RSA 282-A:9, IV(o)(1) and (2), state and federal statutes ratified by the United States Supreme Court in Gregory v. Ashcroft, 501 U.S. 452 (1991), no deductions of any kind shall be made from the compensation or mileage reimbursements of representatives of the people, as defined by Article 8 of Part I, the bill of rights, of the New Hampshire Constitution.

3 Effective Date. This act shall take effect 60 days after its passage

LBAO 17-0198

12/22/16

HB 213-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the mileage reimbursement rate for legislators and prohibiting deductions from compensation or mileage reimbursement of representatives.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill amends RSA 14:15-a which currently allows members of the General Court to choose between two options for their mileage reimbursement and replaces these sections with a flat rate of $.54 per mile. This proposal also adds a new section stating no deductions of any kind shall be made from compensation or mileage reimbursements for members of the House of Representatives. The Legislative Branch indicates that variables, including the number of members in attendance on any given day, the number of days each member will be in attendance each year, and the maximum federal reimbursement rate at any given time may increase state general fund expenditures by an indeterminable amount. Current mileage for one day with all members in attendance costs approximately $15,000. With one rate of $.54, if all members are in attendance, mileage costs for one day would be approximately $15,400.

AGENCIES CONTACTED:

Legislative Branch