HB216: relative to the mileage reimbursement rate for legislators and prohibiting deductions from compensation or mileage reimbursement of representatives.

HB 216-FN - AS INTRODUCED

2019 SESSION

19-0296

10/01

HOUSE BILL 216-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. Wuelper, Straf. 3; Rep. Comeau, Carr. 5; Rep. True, Rock. 4

COMMITTEE: Legislative Administration

ANALYSIS

This bill removes the use of the maximum rate established under the United States Internal Revenue Code 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0296

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

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

[(2)] (b) For all miles in excess of 45 miles, $.19 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

19-0296

12/12/18

HB 216-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 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

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

METHODOLOGY:

This bill amends RSA 14:15-a by removing section II which currently allows members of the General Court to elect the maximum rate established in the U.S. Internal Revenue Code and Regulations (currently $0.545 per mile) for their mileage reimbursements. Members will only have the option to receive $0.38 per mile for the first 45 miles and $0.19 for all miles in excess of 45. The 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 as of December 1, 2018, approximately 90 percent of House members elect mileage reimbursement at the $0.545 rate established in the U.S. Internal Revenue Code and Regulations. Mileage for one day with all members in attendance currently costs approximately $16,270. At $0.38 per mile for the first 45 miles and $0.19 for all miles in excess of 45, the new cost would be approximately $8,980, or a decrease in general fund expenditures of $7,290 per day ($16,270 - $8,980 = $7,290). The total estimated expenditure is indeterminable based on variables which include the number of members in attendance on any given day and the number of days each member might be in attendance during their term.

AGENCIES CONTACTED:

Legislative Branch