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Wednesday, July 01, 2009
$20,000 in Per Diem for a Few
By Thomas J. Cole
Journal Staff Writer
Per diem payments to state legislators varied widely in 2008, with a few lawmakers receiving more than $20,000 and some less than $6,000.
The average payment was $11,828.
The amounts are important because they reflect — to some degree — how much time lawmakers devoted to their positions.
A legislator receives a per diem payment for each day spent attending sessions of the Legislature, at committee hearings, on official travel or on other approved business.
A lawmaker doesn't receive a payment, for example, when meeting with constituents in his or her district or for time spent at home responding to voter concerns.
For this look at per diem payments, I obtained copies of the 1099 Miscellaneous Income forms for 2008 sent to legislators by the state Department of Finance and Administration.
The forms list the payments as "nonemployee compensation," but there is some dispute over whether per diem should be considered income or an expense allowance. Lawmakers don't receive a set salary.
The per diem rate for legislators — now $145 — is based on Internal Revenue Service rules for expense allowances.
In addition, the amount of per diem a lawmaker receives is exempt from taxation if the legislator lives more than 50 miles from the Capitol. That's because the lawmaker is considered by the IRS to have spent the per diem on living expenses.
A legislator who lives less than 50 miles from the Capitol can avoid taxation in part or in whole by offsetting the payments with actual expenses.
The per diem rate fluctuated in 2008 between $144 and $150.
Rep. Henry "Kiki" Saavedra, D-Albuquerque, topped the list in payments, receiving $21,876.
Saavedra, a member of the House since 1977, says he is a member of several critical committees and attends all their meetings. "My problem is I'm too damn loyal," he says.
He is chairman of the House Appropriations and Finance Committee. When the Legislature isn't in session, he serves on five other committees dealing with government money and tax matters.
Saavedra, who is retired, says he understands why some other legislators can't spend as much time in Santa Fe as he does. "Some of them have to make a living," he says.
No. 2 in per diem payments, at $21,128, was Senate Judiciary Chairman Cisco McSorley, D-Albuquerque. He is a member of just two committees between sessions, although he is an adviser or designee on four others.
McSorley has said he doesn't consider per diem to be for expenses, but rather an offset for income lost as a result of being away from his job as a lawyer. He has used thousands of dollars in campaign funds to cover expenses while on official travel and receiving per diem.
McSorley couldn't be reached for comment on his per diem payments.
Rep. Ray Begaye, D-Shiprock, No. 3 on the list, also couldn't be reached for comment.
Sen. Carlos Cisneros — No. 4 in per diem payments, at $19,554 — says the amount a lawmaker receives reflects a number of factors, including leadership and committee responsibilities, commitment to the position and job demands back home.
"It's how active you want to be ... can be," says Cisneros, D-Questa.
Senate Finance Chairman John Arthur Smith of Deming, who ranked No. 5 in per diem payments, with $19,376, says his payments and those of other lawmakers who live far from Santa Fe are driven up by travel time to and from the Capitol.
Smith says some legislators take advantage of their positions by collecting per diem for committee hearings they attend only briefly.
At the opposite end, the Democrat says, are lawmakers who refuse to attend any committee meetings when the Legislature isn't in session.
As for legislators who collected little in per diem payments, Smith says, "I hope it says they have family. I hope it says they have job commitments."
Sen. William Sharer, R-Farmington, collected just $4,254 in per diem payments last year, the least of any lawmaker.
Sharer's wife underwent a multiple organ transplant. "So I didn't go anywhere last year," including the 30-day session of the Legislature, he says.
The senator was one of five lawmakers to receive less than $6,000 in per diem payments.
Those at the bottom in payments included legislators who didn't seek re-election in November or were defeated in their re-election bids.
UpFront is a daily front-page opinion column. Thom Cole can be reached in Santa Fe at (505) 992-6280 or at tcole@abqjournal.com
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