§ 120-3.1. Subsistence and travel allowances for members of the General Assembly. - North Carolina Statutes

§120‑3.1.  Subsistence and travel allowances for members of the GeneralAssembly.

(a)        In addition tocompensation for their services, members of the General Assembly shall be paidthe following allowances:

(1)        A weekly travelallowance for each week or fraction thereof that the General Assembly is inregular or extra session. The amount of the weekly travel allowance shall becalculated for each member by multiplying the actual round‑trip mileagefrom that member's home to the City of Raleigh by the rate per mile which isthe business standard mileage rate set by the Internal Revenue Service in Rev.Proc. 93‑51, December 27, 1993.

(2)        A travel allowanceat the rate which is the business standard mileage rate set by the InternalRevenue Service in Rev. Proc. 93‑51, December 27, 1993, whenever themember travels, whether in or out of session, as a representative of theGeneral Assembly or of its committees or commissions, with the approval of theLegislative Services Commission.

(3)        A subsistenceallowance for meals and lodging at a daily rate equal to the maximum per diemrate for federal employees traveling to Raleigh, North Carolina, as set out at58 Federal Register 67959 (December 22, 1993), while the General Assembly is insession and, except as otherwise provided in this subdivision, while theGeneral Assembly is not in session when, with the approval of the Speaker ofthe House of Representatives in the case of Representatives or the PresidentPro Tempore of the Senate in case of Senators, the member is:

a.         Traveling as arepresentative of the General Assembly or of its committees or commissions, or

b.         Otherwise in theservice of the State.

Amember who is authorized to travel, whether in or out of session, within theUnited States outside North Carolina, may elect to receive, in lieu of theamount provided in the preceding paragraph, a subsistence allowance of twenty‑sixdollars ($26.00) a day for meals, plus actual expenses for lodging whenevidenced by a receipt satisfactory to the Legislative Services Officer, thelatter not to exceed the maximum per diem rate for federal employees travelingto the same place, as set out at 58 Federal Register 67950‑67964(December 22, 1993) and at 59 Federal Register 23702‑23709 (May 6, 1994).

(4)        A member may bereimbursed for registration fees as permitted by the Legislative ServicesCommission.

(b)        Payment of traveland subsistence allowances shall be made to members of the General Assemblyonly after certification by the claimant as to the correctness thereof on formsprescribed by the Legislative Services Commission. Claims for travel andsubsistence payments shall be paid at such times as may be prescribed by theLegislative Services Commission.

(c)        When the GeneralAssembly by joint action of the two houses adjourns to a day certain, which dayis more than three days after the date of adjournment, the period between thedate of adjournment and the date of reconvening shall for the purposes of thissection be deemed to be a period when the General Assembly is not in session,and no member shall be entitled to subsistence and travel allowance during thatperiod, except under circumstances which would entitle him to subsistence andtravel allowance when the General Assembly is not in session.

(d)        Repealed by SessionLaws 1989 (Regular Session 1990), c. 1066, s. 24(a). (1957,c. 8; 1959, c. 939; 1961, c. 889; 1965, c. 86, s. 1; 1969, c. 1257, s. 1; 1971,c. 1200, ss. 1‑4; 1973, c. 1482, s. 2; 1977, 2nd Sess., c. 1249, ss. 3,4; 1979, 2nd Sess., c. 1137, s. 30; 1983, c. 761, ss. 25, 26; 1983 (Reg. Sess.,1984), c. 1034, ss. 184, 186; 1985, c. 479, s. 206; 1985 (Reg. Sess., 1986), c.1014, s. 40(a); 1987 (Reg. Sess., 1988), c. 1086, s. 30(c); 1989, c. 117; 1989(Reg. Sess., 1990), c. 1066, s. 24(a); 1991 (Reg. Sess., 1992), c. 900, s. 51;1993, c. 321, ss. 24(b), (c); 1993 (Reg. Sess., 1994), c. 769, s. 7.28; 1996,2nd Ex. Sess., c. 18, s. 8(b).)