2010 Wyoming Statutes
Title 28 - Legislature
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 the legislature shall receive thirty dollars ($30.00) per day as salary and thirty-six dollars ($36.00) per day for expenses for each calendar day while the legislature is in session, and twelve cents ($.12) per mile for necessary travel to attend and return from the legislature.

 

(b) The amount to be received by each member of the legislature for expenses is increased to forty-four dollars ($44.00) per day effective January 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-five dollars ($85.00) per day effective January 3, 2005 and to one hundred nine dollars ($109.00) per day effective April 1, 2008.

 

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

 

(d) From and after January 1, 1985, each member of the legislature shall receive seventy-five dollars ($75.00) per day as salary and thirty-five cents ($.35) per mile for necessary travel to attend and return from the legislature. From and after January 9, 1995, each member of the legislature shall receive one hundred twenty-five dollars ($125.00) per day as salary in addition to the mileage rate provided for in this subsection. From and after January 3, 2005, each member of the legislature shall receive one hundred fifty dollars ($150.00) per day as salary in addition to the mileage rate provided for in this subsection. From and after January 5, 2009, each member of the legislature may receive the mileage rate provided for in this subsection for the total round trip mileage from Cheyenne to the legislator's home for not more than one (1) trip each week during the period the legislature is in session, provided the legislature is in session for a period of not less than two (2) weeks and the legislator claiming the mileage reimbursement shall submit a verified claim for mileage to the legislative service office. From and after the first Monday in January, 2009, each member of the legislature shall receive a mileage rate as established by the state auditor to be reflective of the average of all direct and indirect costs of driving a motor vehicle. In establishing the mileage rate the state auditor:

 

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

 

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

 

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

 

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

 

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

 

(ii) The full daily statutory salary for each day the member is engaged in work for the management council, a standing committee, interim committee, 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 the management council, a standing committee, interim committee, select committee or a committee authorized by law to allow the member to prepare for the interim activity;

 

(iv) One-half (1/2) the full daily statutory salary for each day during which the member travels to engage in or returns from an interim activity for which he is entitled to receive salary under paragraph (ii) of this subsection;

 

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

 

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

 

(f) Notwithstanding subsection (e) of this section, no member of the legislature shall receive a salary in any month the legislature is not in session in excess of the amount equal to the full daily statutory salary multiplied by the number of days in that month.

 

28-5-102. Computation of mileage.

 

In determining 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 the most direct railroad route; where the route is by highway, it shall be by the most direct highway; where the route shall be partly by rail and partly by highway, then the route shall be by the most direct highway to the nearest railroad station and then by rail as above provided.

 

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

 

The president of the senate and speaker of the house of representatives, shall each receive three dollars ($3.00) per day for his services, in addition to his compensation as a member of the legislature, and shall receive no other compensation, perquisite or allowance whatever.

 

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

 

The chief clerk of each house shall issue to each presiding officer, and to the officers and members of each house of the legislature, proper and sufficient certificates of attendance and service, and in the case of members he shall also issue certificates for mileage, which may be included in certificates for attendance; and certificates for mileage of the members may be issued at any time after the qualification thereof, and certificates of attendance may be issued for the time of service of the member, whether for the full term or the fractional part thereof, said certificate to be approved by the presiding officer of his respective house.

 

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

 

All certificates issued as provided in W.S. 28-5-104, shall be presented to the auditor of the state, who shall make the necessary computation, and shall thereupon issue to the holder of such certificate or certificates, a warrant upon the treasurer of the state, under the restrictions and in the manner provided by law for the issuance of warrants; and all warrants issued as aforesaid, shall be paid by the treasurer of the state, in the same manner as provided 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 the account. Until January 7, 2013, the legislative service office shall oversee and provide reimbursement from the account as provided in paragraphs (b)(i) and (iii) of this section. After January 7, 2013, the legislative service office shall 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 a constituent service allowance as provided under this section. This allowance is intended to defray expenses incurred by each member in providing service to and on behalf of their constituents, which services are in addition to attending sessions of the legislature, attending meetings of interim committees and engaging in authorized interim work for which salary, per diem and mileage is authorized by law. The allowance is subject to the following:

 

(i) The allowance shall be paid quarterly from the constituent service allowance account upon submission by the legislator to the legislative service office of a claim form verifying that he is a member of the legislature and thereby entitled to the allowance under this section. To the extent funds appropriated for purposes of this section are not sufficient to pay vouchers, payment shall be made on a proportional basis. Legislators may request payment of 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 is in office. To the extent a member's entire quarterly amount is not paid in any quarter the member may claim previously unused amounts in subsequent quarters so long as the total amount paid the member in any calendar year does not exceed three thousand dollars ($3,000.00). This annual amount shall otherwise be subject to the same conditions and restrictions as the quarterly allowance;

 

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

 

(iv) The allowance shall be paid quarterly from the constituent service allowance account to all incumbent legislators. To the extent funds appropriated for purposes of this section are not sufficient to pay the full quarterly allowance to all members, payment shall be made on a proportional basis.