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WYOMING STATUTES AND CODES

Chapter 5 - Compensation Of Members

CHAPTER 5 - COMPENSATION OF MEMBERS

 

28-5-101. Schedule of compensation, per diem and travel expenses.

 

(a) From and after January 1, 1977, each member of thelegislature shall receive thirty dollars ($30.00) per day as salary andthirty-six dollars ($36.00) per day for expenses for each calendar day whilethe legislature is in session, and twelve cents ($.12) per mile for necessarytravel to attend and return from the legislature.

 

(b) The amount to be received by each member of the legislaturefor expenses is increased to forty-four dollars ($44.00) per day effectiveJanuary 1, 1980, to sixty dollars ($60.00) per day effective January 1, 1983,to eighty dollars ($80.00) per day effective January 9, 1995, to eighty-fivedollars ($85.00) per day effective January 3, 2005 and to one hundred ninedollars ($109.00) per day effective April 1, 2008.

 

(c) The amount to be received by each member of the legislaturefor necessary travel is increased to twenty cents ($.20) per mile effectiveJanuary 1, 1983.

 

(d) From and after January 1, 1985, each member of thelegislature shall receive seventy-five dollars ($75.00) per day as salary andthirty-five cents ($.35) per mile for necessary travel to attend and returnfrom the legislature. From and after January 9, 1995, each member of thelegislature shall receive one hundred twenty-five dollars ($125.00) per day assalary in addition to the mileage rate provided for in this subsection. Fromand after January 3, 2005, each member of the legislature shall receive onehundred fifty dollars ($150.00) per day as salary in addition to the mileagerate provided for in this subsection. From and after January 5, 2009, eachmember of the legislature may receive the mileage rate provided for in thissubsection for the total round trip mileage from Cheyenne to the legislator'shome for not more than one (1) trip each week during the period the legislatureis in session, provided the legislature is in session for a period of not lessthan two (2) weeks and the legislator claiming the mileage reimbursement shallsubmit a verified claim for mileage to the legislative service office. From andafter the first Monday in January, 2009, each member of the legislature shallreceive a mileage rate as established by the state auditor to be reflective ofthe average of all direct and indirect costs of driving a motor vehicle. Inestablishing the mileage rate the state auditor:

 

(i) May use a rate established by another entity if the ratereflects these costs;

 

(ii) Shall adjust the rate each year on January 1;

 

(iii) Shall not establish the rate at an amount exceeding themaximum nontaxable rates allowed by the internal revenue service at the time oftravel.

 

(e) During the interim each member of the legislature shall bepaid the following amounts, subject to subsection (f) of this section:

 

(i) The full daily statutory salary for four (4) days per monthfor floor leaders and committee chairmen, six (6) days for the speaker of thehouse and the president of the senate, and two (2) days per month for all othermembers of the legislature for each month the legislature is not in session;

 

(ii) The full daily statutory salary for each day the member isengaged in work for the management council, a standing committee, interimcommittee, select committee or a committee authorized by law;

 

(iii) One-half (1/2) the full daily statutory salary for one (1)day of preparation for each day the member is engaged in work for themanagement council, a standing committee, interim committee, select committeeor a committee authorized by law to allow the member to prepare for the interimactivity;

 

(iv) One-half (1/2) the full daily statutory salary for each dayduring which the member travels to engage in or returns from an interimactivity for which he is entitled to receive salary under paragraph (ii) ofthis subsection;

 

(v) Full daily statutory per diem, or actual expenses in lieuof per diem if authorized by management council policy, for each day duringwhich he travels to engage in, return from or engages in an interim activityfor which he is entitled to receive salary under paragraph (ii) of thissubsection, or an activity approved by the management council or the chairmanof an interim committee of which he is a member; and

 

(vi) Statutory mileage for necessary travel to attend and returnfrom an approved interim activity.

 

(f) Notwithstanding subsection (e) of this section, no memberof the legislature shall receive a salary in any month the legislature is notin session in excess of the amount equal to the full daily statutory salarymultiplied by the number of days in that month.

 

28-5-102. Computation of mileage.

 

Indetermining the mileage it shall be computed by the nearest practical route,and for the purposes of this section the "nearest practical route"shall be construed to mean where the route is by railroad, it shall be by themost direct railroad route; where the route is by highway, it shall be by themost direct highway; where the route shall be partly by rail and partly byhighway, then the route shall be by the most direct highway to the nearestrailroad station and then by rail as above provided.

 

28-5-103. Additional compensation of president of senate and speakerof house.

 

Thepresident of the senate and speaker of the house of representatives, shall eachreceive three dollars ($3.00) per day for his services, in addition to hiscompensation as a member of the legislature, and shall receive no othercompensation, perquisite or allowance whatever.

 

28-5-104. Certificates of attendance and mileage; issuance andapproval.

 

Thechief clerk of each house shall issue to each presiding officer, and to theofficers and members of each house of the legislature, proper and sufficientcertificates of attendance and service, and in the case of members he shallalso issue certificates for mileage, which may be included in certificates forattendance; and certificates for mileage of the members may be issued at anytime after the qualification thereof, and certificates of attendance may beissued for the time of service of the member, whether for the full term or thefractional part thereof, said certificate to be approved by the presidingofficer of his respective house.

 

28-5-105. Certificates of attendance and mileage; presentation toauditor and issuance of warrants.

 

Allcertificates issued as provided in W.S. 28-5-104, shall be presented to theauditor of the state, who shall make the necessary computation, and shallthereupon issue to the holder of such certificate or certificates, a warrantupon the treasurer of the state, under the restrictions and in the mannerprovided by law for the issuance of warrants; and all warrants issued asaforesaid, shall be paid by the treasurer of the state, in the same manner asprovided by law for the payment thereof.

 

28-5-106. Constituent service allowance.

 

(a) There is created a constituent service allowance account.All interest earned on funds within this account shall be deposited in theaccount. Until January 7, 2013, the legislative service office shall overseeand provide reimbursement from the account as provided in paragraphs (b)(i) and(iii) of this section. After January 7, 2013, the legislative service officeshall oversee and provide payment from the account as provided in paragraph(b)(iv) of this section.

 

(b) Each member of the legislature is entitled to receive aconstituent service allowance as provided under this section. This allowance isintended to defray expenses incurred by each member in providing service to andon behalf of their constituents, which services are in addition to attendingsessions of the legislature, attending meetings of interim committees and engagingin authorized interim work for which salary, per diem and mileage is authorizedby law. The allowance is subject to the following:

 

(i) The allowance shall be paid quarterly from the constituentservice allowance account upon submission by the legislator to the legislativeservice office of a claim form verifying that he is a member of the legislatureand thereby entitled to the allowance under this section. To the extent fundsappropriated for purposes of this section are not sufficient to pay vouchers,payment shall be made on a proportional basis. Legislators may request paymentof less than the full amount of the allowance;

 

(ii) The allowance shall be seven hundred fifty dollars($750.00) per calendar quarter or fractional portion thereof that the member isin office. To the extent a member's entire quarterly amount is not paid in anyquarter the member may claim previously unused amounts in subsequent quartersso long as the total amount paid the member in any calendar year does notexceed three thousand dollars ($3,000.00). This annual amount shall otherwisebe subject to the same conditions and restrictions as the quarterly allowance;

 

(iii) Claim forms shall be submitted to the legislative serviceoffice not later than the last day of the month following the calendar quarterfor which the allowance under this section is being claimed;

 

(iv) The allowance shall be paid quarterly from the constituentservice allowance account to all incumbent legislators. To the extent fundsappropriated for purposes of this section are not sufficient to pay the fullquarterly allowance to all members, payment shall be made on a proportionalbasis.

 

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