_________ Bill No. _______

Introduced By _______________________________________________________________________________

By Request of the Legislative Council

A Bill for an Act entitled: "An Act providing legislators with a constituent service allowance as reimbursement for expenses incurred on behalf of constituents during months when the legislature is not in session; amending sections

5-1-104, 5-2-203, 5-2-302, 50-4-205, and 75-1-302, MCA; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 5-1-104, MCA, is amended to read:

"5-1-104.   Compensation and expenses. Commissioners are entitled to the same compensation and expenses as provided to members of the legislature in 5-2-302(1) while attending commission meetings or carrying out the official duties of the commission."

Section 2.  Section 5-2-203, MCA, is amended to read:

"5-2-203.   Compensation and expenses. (1) Members of the legislature attending the presession caucus are entitled to receive compensation and expenses as provided in 5-2-302(1).

(2)  While engaged in presession business, members nominated to serve as officers of the legislature and members of the committees named in 5-2-202 are entitled to receive compensation and expenses as provided in 5-2-302(1)."

Section 3.  Section 5-2-302, MCA, is amended to read:

"5-2-302.   Compensation and expenses when legislature not in session. (1) When the legislature is not in session, a member of the legislature, while engaged in legislative business with prior authorization of the appropriate funding authority, is entitled to:

(1)(a)  a mileage allowance as provided in 2-18-503;

(2)(b)  expenses as provided in 2-18-501 and 2-18-502; and

(3)(c)  a salary equal to one 1 full day's pay at the rate of a classified state employee, described in 5-2-301(1), for each 24-hour period of time (from midnight to midnight), or portion thereof of a 24-hour period of time, spent away from home on authorized legislative business. However, if time spent for business other than authorized legislative business results in lengthening a legislator's stay away from home into an additional 24-hour period, he the legislator may not be compensated for the additional day.

(2) A legislator is entitled to a constituent service allowance of $20 during each month that the legislature is not in session. The constituent service allowance is intended as reimbursement for postage, telephone expenses, and travel. A legislator is not required to submit a claim for the constituent service allowance. A legislator may decline the allowance."

Section 4.  Section 50-4-205, MCA, is amended to read:

"50-4-205.   (Temporary) Reimbursement of expenses -- compensation. (1) A member of the health care advisory council who is appointed by the governor is entitled to reimbursement for expenses as provided in 2-18-501 through 2-18-503.

(2)  A legislative member is entitled to compensation and expenses as provided in 5-2-302(1). (Terminates June 30, 1997--sec. 25, Ch. 378, L. 1995.)"

Section 5.  Section 75-1-302, MCA, is amended to read:

"75-1-302.   Meetings. The council may determine the time and place of its meetings but shall meet at least once each quarter. Each member of the council is entitled to receive compensation and expenses as provided in 5-2-302(1). Members who are full-time salaried officers or employees of this state may not be compensated for their service as members but shall must be reimbursed for their expenses."

NEW SECTION. Section 6.  Effective date. [This act] is effective July 1, 1997.

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