You’ve probably heard the old song about New Mexico’s unpaid Legislature.
Don’t buy it.
Well, technically legislators aren’t paid, but they still receive compensation in the form of per diem payments and pension plan contributions.
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All lawmakers’ per diem Top lawmakers in compensation For a complete list of lawmakers and their per diem, go to List of 2011 Per Diem Payments to State Legislator. Top 10 Rep. Ray Begaye, D-Shiprock: $50,429 |
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Compensation for lawmakers last year averaged nearly $40,000, not bad for a part-time gig. One legislator, Democratic Rep. Ray Begaye of Shiprock, took in more than $50,000 when you combine his $29,000 in per diem and the average pension plan contribution of $21,429 per lawmaker.
The legislators who served all of last year in office received an average of $18,446 in per diem payments, according to 1099 miscellaneous income forms provided by the Department of Finance and Administration.
A lawmaker receives a daily payment – currently $154 – for each day the Legislature is in session and for days spent at committee meetings or on official travel.
The state classifies per diem as “nonemployee compensation” on the 1099 forms.
Begaye’s $29,000 in per diem was the most of any lawmaker.
Three other legislators, all Democratic senators, pocketed more than $25,000 in per diem. They were Carlos R. Cisneros of Questa, Mary Jane M. Garcia of Doña Ana and Richard C. Martinez of Española.
Sen. Tim Eichenberg, D-Albuquerque, collected the least in per diem, $9,180.
Per diem is often described as an expense allowance, but my view is it’s not because it has little to do with actual expenses.
A lawmaker who lives in Santa Fe and incurs little expense in serving in the Legislature receives the same per diem as a legislator from Silver City who may have significant lodging and meal expenses.
Under Internal Revenue Service rules, per diem for a legislator who lives more than 50 miles from the Capitol is automatically exempt from income tax because the IRS assumes the money was spent on actual expenses. Lawmakers who live closer have to pay taxes on any per diem not actually spent on expenses.
Consider this: About half of the members of the House and Senate live within an hour’s drive of Santa Fe, some hotels offer deep discounts to lawmakers who need rooms and, thanks to special interests, there are plenty of free breakfasts, lunches and dinners to be had. (Meals at the Capitol cafeteria also are subsidized by taxpayers.)
Per diem doesn’t include a mileage reimbursement. Lawmakers get mileage for one round trip from their homes to the Capitol per session of the Legislature, but they receive mileage for each committee hearing between sessions.
When the Legislature is meeting, lawmakers receive per diem even on days when the House and Senate aren’t meeting. And on days when the Legislature does meet, a lawmaker doesn’t have to show to collect per diem. Several years ago, a senator was paid per diem for time spent gambling in Las Vegas, Nev.
The state Constitution says lawmakers can’t receive any “other compensation, perquisite or allowance” in addition to per diem, but they created a generous retirement plan to get around that. (The state Supreme Court sided with them in a decision several years ago.)
Under a law enacted in 2003, $2.4 million from taxpayers is pumped every year into the retirement program. That works out to an average $21,429 in compensation per lawmaker. Combined with the average per diem last year, average total compensation totaled $39,875.
Lawmakers contribute $500 each year to the pension plan. There are a few members who aren’t members of the program.
Now, don’t take this wrong. A good day’s work should be rewarded with a good day’s pay. It’s just that calling lawmakers unpaid is misleading.
We are long overdue for a serious conversation about how we compensate lawmakers, but it’s impossible to have that conversation without understanding how legislators are compensated today.
UpFront is a daily front-page news and opinion column. Comment directly to Thom Cole at tcole@abqjournal.com or 505-992-6280 in Santa Fe. Go to www.abqjournal.com/letters/new to submit a letter to the editor.
Lawmakers Get Per Diem, PensionSee LAWMAKERS on PAGE 3All lawmakers’ per diem For a complete list of lawmakers and their per diem, go to www.ABQjournal.com/watchdog.Top lawmakers in compensation1. Rep. Ray Begaye, D-Shiprock: $50,4292. Sen. Carlos R. Cisneros, D-Questa: $48,1103. Sen. Mary Jane M. Garcia, D-Doña Ana: $47,9584. Sen. Richard C. Martinez, D-Española: $46,5585. Rep. Rick Miera, D-Albuquerque: $46,4226. Sen. Lynda M. Lovejoy, D-Crownpoint: $46,1117. Rep. Edward C. Sandoval, D-Albuquerque: $45,6948. Sen. John Arthur Smith, D-Deming: $45,5739. Rep. Anna M. Crook, R-Clovis: $45,43210. Rep. Eliseo Lee Alcon, D-Milan, $45,362Note: Compensation includes per diem payments and an average $21,429 pension plan contribution for each lawmaker.Lawmakers Get Per Diem, Pensionfrom PAGE 1Lawmakers Get Per Diem, PensionSee N.M. LAWMAKERS on PAGE A2N.M. Lawmakers Bring Home Per Diem, Pensionfrom PAGE A1BEGAYED-ShiprockCISNEROSD-QuestaGARCIAD-Doña AnaMARTINEZD-Española
Receiving $25,000 or more in per diem
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