Dem Legislator indicates that she isn’t traveling to Pierre for session. Does that mean she’s going to skip her daily per diem?
From the Argus Leader, Democrat State Rep. Linda Duba points out that she’s not going to be coming to Pierre during the legislative session:
Rep. Linda Duba, D-Sioux Falls, was tapped by her District 15 constituents to serve a second term in Pierre in November’s election. But with coronavirus continuing to spread in the state, the 64-year-old former educator and Citibank executive told her colleagues and constituents last week that she doesn’t feel safe attending session in person and instead will fulfill her obligations as a legislator remotely.
“We’ve had time to discuss the things that truly matter to us as a family. We believe my personal health needs to take priority,” Duba wrote in an email sent to legislative leadership and the governor’s office. “As a result, I have made the difficult decision to participate in all legislative activities (committee work, caucus, general session) remotely until such a time as I am able to receive the required two doses of the approved vaccines.”
Whether she shows up for the legislative session is between her and her constituents.
But when I first heard about this, it brought to mind a question regarding whether she’s going to be paid for mileage, meals and her hotel, since she’s likely to be hanging out at home on the couch instead of being in Pierre.
That’s a considerably different matter.
According to SDCL 2-4-2, the statute that spells out legislative pay (My emphasis):
2-4-2. Salary and expense allowances of legislators.
The salary of each member of the Legislature is equal to one-fifth of the South Dakota median household income reported by the United States Census Current Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect on the first day of January of each year for every regular legislative session. In addition, each legislator shall receive:
(1) Reimbursement to be paid after the legislative session for actual mileage or its equivalent traveled to and from home not more than once each weekend or between days of recess during the regular legislative session, at state rates established by the Board of Finance;
(2) Expenses of one hundred twenty-three dollars per day for each day of a regular or special legislative session as prepaid reimbursement for living expenses, including meals and lodging, laundry, cleaning and pressing of clothing, and all other uncompensated expenses as defined in § 2-4-2.1 incident to the performance of legislative services, or at the amount fixed for the per diem allowance that is authorized by the United States Internal Revenue Service to be excluded from the gross income without itemization as of October first each year, whichever of the two is greater; and
(3) Five cents once each session for every mile of necessary travel in going to and returning from the place of meeting of the Legislature by the most usual route.
For each day’s attendance at special sessions, each member, in addition to mileage and expenses, shall receive a per diem calculated by the director of the Legislative Research Council equal to the normal daily compensation for the regular session immediately preceding the special session.
(note: Federal per diem is currently about $96 for lodging and $55 for meals and incidentals. )
While mileage is spelled out as actual, the parameters around hanging out at home during session seems to put little incentive on showing up.
So, taxpayers are going to be footing a bill of $151/day for Duba’s meals and lodging while she hangs out in her living room at home? I believe it totals close to $6000.
I don’t believe that would fly with anyone else on the state payroll. Why should Duba be able to cash out with $6k of hotel, meals, etcetera, when any state employee would be charged with a crime if they submitted vouchers for expenses they didn’t have?
As I was discussing with a Legislator this evening, it’s one thing if they get COVID and have to stay in their hotel room. In that case, I think all would agree that the per diem is entirely appropriate.
But if Duba isn’t going to incur an expense for her “meals and lodging, laundry, cleaning and pressing of clothing,” then why should she be able to pocket that as a legislator who isn’t showing up in Pierre?
What are your thoughts?