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Per diem an unavoidable cost of business, local legislators say

5:45 PM, Aug. 28, 2010  |  
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State Sen. George H. Winner Jr., R-Elmira, said he rarely has any per diem or mileage expenditures beyond his trips back and forth to Albany and the cost of having an apartment there.

From 2000 to July 19, 2010, Winner's reimbursed travel expenses totaled $98,322.

It's not unusual in the private sector to pay people's travel expenses for being away from home, he said.

"Remember, the per-diem expenditures as well as salaries are called for in the New York State Constitution. Article 3, Section 6 of the constitution provides for compensation of the Legislature," he said. The leadership determines what that payment is.

"Predominantly, they have been in the past in accordance with what the federal per-diem rates are for travel within those jurisdictions, so that's what the Legislature has determined to do," Winner said.

The per diem and mileage expenditures of state Assemblyman Tom O'Mara, R-Big Flats, also cover his travel costs to attend legislative sessions, which is certainly the priority of the lawmakers' job, he said.

"Travel expenses are an ordinary part of business," he said. "It would be a hardship on a lot of people if they didn't get some sort of travel reimbursement."

O'Mara's reimbursed travel expenses have totaled $104,861 since he took office in 2005.

Winner pointed out that state legislators have not had an increase in their compensation in 12 years, though he probably would not have supported one, he said.

Mileage reimbursement is based on the current federal level of 50 cents a mile, O'Mara said. This year's flat rate for an overnight stay covering lodging and meals was $171, he said.

"Usually, the per-diem rate for room and board changes every year. This year, it went from $160 to $171," O'Mara said.

"Not that it's a big deal, but I have continued at the old rate because of the economic times that we find ourselves in. The cost of my lodging did not go up any from year-to-year, so I made a decision to keep it at the same old rate, and I've continued that all this year. That makes a difference of $11 a day," he said. "It's something."

Legislators were in Albany full-time an extra month this year," O'Mara said. From basic calculations he has done, it costs the state $70,000 each time they get called back and have to spend the night.

"It is an expense, and it's frustrating when we get called back to Albany, particularly for a special session that's not scheduled, and nothing happens," he said.

O'Mara said his position has always been that lawmakers spend too many days in Albany.

"The Legislature really doesn't need to be in session as long as it is. I wish we were there less. I wish there were more legislators that had real jobs in the outside world. These jobs are technically part-time," he said. "We should go to Albany, get our business done and get back to a productive life in society."

Assemblyman James Bacalles, R-Corning, could not be reached for comment on the topic. Bacalles' reimbursed travel expenses were $236,400 between 2000 and July 19, 2010.

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