In this flyer by the Jeanette Rishell for Delegate campaign, the claim is that Del. Jackson Miller (R) voted to "increase his own pay." Is that true or not?Well, based on this and this, it sure looks like it:
A. Out of this appropriation, the House of Delegates is funded $18,423,119 the first year and $18,422,301 the second year from the general fund. The Senate is funded $9,926,898 the first year and $9,927,389 the second year from the general fund.B. Out of this appropriation shall be paid:
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7. Allowances for expenses of members of the General Assembly, either (a) an amount not exceeding $75 per day for expenses which are vouchered or (b) an amount equaling the maximum daily amount permitted by the Internal Revenue Service.
Tricky, but the pay raise is there, embedded in a provision that ties per diems to the federal rate, which effectively increases them. Verrrry clever.
(1) In general. --Except as provided in paragraph (f)(2) of this section, an arrangement meets the requirements of this paragraph (f) if it requires the employee to return to the payor within a reasonable period of time any amount paid under the arrangement in excess of the expenses substantiated in accordance with paragraph (e) of this section. The determination of whether an arrangement requires an employee to return amounts in excess of substantiated expenses will depend on the facts and circumstances. An arrangement whereby money is advanced to an employee to defray expenses will be treated as satisfying the requirements of this paragraph (f) only if the amount of money advanced is reasonably calculated not to exceed the amount of anticipated expenditures, the advance of money is made on a day within a reasonable period of the day that the anticipated expenditures are paid or incurred, and any amounts in excess of the expenses substantiated in accordance with paragraph (e) of this section are required to be returned to the payor within a reasonable period of time after the advance is received.
(2) Per diem or mileage allowances. --The Commissioner may, in his discretion, prescribe rules in pronouncements of general applicability under which a reimbursement or other expense allowance arrangement that provides per diem allowances providing for ordinary and necessary expenses of traveling away from home (exclusive of transportation costs to and from destination) or mileage allowances providing for ordinary and necessary expenses of local travel and transportation while traveling away from home will be treated as satisfying the requirements of this paragraph (f), even though the arrangement does not require the employee to return the portion of such an allowance that relates to the days or miles of travel substantiated and that exceeds the amount of the employee's expenses deemed substantiated pursuant to rules prescribed under section 274(d), provided the allowance is paid at a rate for each day or mile of travel that is reasonably calculated not to exceed the amount of the employee's expenses or anticipated expenses and the employee is required to return to the payor within a reasonable period of time any portion of such allowance which relates to days or miles of travel not substantiated in accordance with paragraph (e) of this section.