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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
VETOED
legislators; mileage rate; distance
Purpose
Replaces the current daily subsistence payment rates for legislators with a rate that is a set percentage of the annual average federal per-diem rate for Maricopa County as determined by the United States General Services Administration (annual average federal per-diem rate).
Background
In addition to an annual salary, each member of the Legislature receives $35 each day for subsistence during a regular or special session or for each day when a member acts on a legislative matter outside of session, on the prior approval of the presiding officer of the respective chamber. Each member whose permanent address is outside of Maricopa County receives an additional $25 each day for subsistence. After the first 120 days of a regular session, the daily subsistence payment is reduced to $10 per day for each legislator whose permanent residence is within Maricopa County and $20 per day for each legislator whose permanent residence is outside of Maricopa County. To receive payment for travel expenses or subsistence, legislators must submit a claim countersigned by the presiding officer of the respective chamber (A.R.S. § 41-1104).
Under the Code of Federal Regulations, per diem allowance is a daily payment instead of reimbursement for actual expenses for lodging, meals and related incidental expenses (41 CFR § 300-3.1). The average United States General Services Administration lodging rate for Maricopa County from October 2018 to September 2019 is $129 per day and the current meals and incidentals rate for Maricopa County is $56 per day (U.S. GSA).
There is not anticipated fiscal impact to the state General Fund associated with this legislation, however there will be an impact to the Arizona Senate and House of Representatives as a result of the increase in the daily subsistence payment rates to legislators.
Provisions
1. Replaces the current daily subsistence payment rates of $35 and $60 for legislators during a regular or special session and each day when a member acts on a legislative manner with an amount annually determined by the Director of the Arizona Department of Administration (ADOA) as follows:
a) for legislators whose permanent residence is within Maricopa County, 50 percent of the annual average federal per-diem rate; and
b) for legislators whose permanent residence is outside of Maricopa County, 100 percent of the annual average federal per-diem rate.
2. Replaces the current reduced daily subsistence payment rates of $10 and $20 after the first 120 days of a regular session with reduced daily subsistence payments at half of the rate determined by the Director of ADOA for the first 120 days of regular session.
3. Specifies that the maximum long-term subsistence allowance set by the Director of ADOA for state employees does not apply to legislators.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in his veto message that any change in the per diem rate should also be prospective, and apply to the next Legislature following the 2020 election.
Senate Action House Action
APPROP 5/23/19 DP 7-0-3 APPROP 5/27/19 DP 9-1-1-0
3rd Read 5/27/19 22-7-1 3rd Read 5/27/19 37-23-0
(H.B. 2760 was substituted for S.B. 1558 on 3rd Read)
Vetoed by the Governor on 6/07/19
Prepared by Senate Research
June 14, 2019
MH/gs