§ 3-1-106 — Expense and mileage allowances

(a) Except as otherwise provided in this section, each member of the general assembly shall be paid for the member's expenses in attending legislative sessions and legislative committee meetings, and such conferences, symposiums, workshops, assemblages, gatherings and other official meetings and endeavors concerning state business and the duties of a legislator, held within or without the state of Tennessee, as are attended by members of the general assembly with the approval or at the direction of the speaker of either house or both houses. Expense and mileage allowances shall be paid for attending sessions and such other meetings as provided in this section. For attendance at such conferences, symposiums, workshops and meetings which are held outside this state, each member shall additionally receive the expense allowance provided in subsection (b) for one (1) day preceding and one (1) day following such activities if such days are required for travel purposes. (b) (1) For each legislative day, which is defined as each day the general assembly, or either house thereof, officially convenes for the transaction of business, or for each day in attendance at any such other meeting as described in subsection (a), each member must be paid an expense allowance: (A) For meals and incidentals in an amount equal to the allowance granted federal employees for such expenses in the Nashville area; and (B) For lodging in an amount equal to the higher of: (i) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (ii) The allowance granted federal employees for lodging expenses in the Nashville area. (2) In addition to the other provisions of this section, a member of the general assembly who is attending a conference, symposium, workshop or other official meeting outside this state with the approval or at the direction of the speaker of either house, or both houses, shall be reimbursed for the actual receipted costs of a standard grade hotel room and intra-city transportation. Costs of meals shall be reimbursed out of the expense allowance otherwise provided by this section. (3) A member whose principal residence is fifty (50) miles from the capitol or less shall only be paid an expense allowance for meals and incidentals equal to the allowance granted federal employees for such expenses in the Nashville area for each legislative day in Nashville or any day the member participates in any other meeting or endeavor as described in subsection (a) held in Nashville; provided, however, that, if such member is unable to return home at the conclusion of any such day, with the express approval of the speaker of such member's house, the member must be reimbursed an expense allowance for lodging in an amount equal to the higher of: (A) The annual average hotel rate for the previous calendar year in the Nashville central business district, as provided by the Nashville Convention and Visitors Corporation or their successor organization if obtainable; or (B) The allowance granted federal employees for lodging expenses in the Nashville area. (c) (1) Each member shall be paid a mileage allowance per mile, equal to the mileage allowance authorized for state employees who have been authorized to use personally owned vehicles in the daily performance of their duties, for each mile traveled from the member's home to the seat of government and back, limited to one (1) round trip each week of any legislative session, and one (1) round trip from the member's home to the site of any such other meeting as described in subsection (a); provided, that a member whose principal residence is fifty (50) miles from the capitol or less shall be paid a mileage allowance per mile traveled for each legislative day in Nashville or any Monday, Tuesday, Wednesday, Thursday, or Friday that the member participates in any other meeting or endeavor as described in subsection (a) held in Nashville, limited to one (1) round trip per day. The preceding allowance shall be paid only in the case of attendance at such meetings described in subsection (a) as are held within the state of Tennessee. In the case of travel to out-of-state meetings, each member traveling by commercial conveyance shall be reimbursed for the member's actual travel expenses which can include, but are not limited to, mileage to and from the member's home to the airport, parking fees at the airport, limousine or taxi fares to and from the member's hotel or motel, or public conveyance charges to and from a hotel or motel to a meeting place. Appropriate receipts shall be provided with the travel expenses claim. Each member traveling by the member's personally provided vehicle shall be reimbursed at the mileage rate fixed herein, as adjusted in accordance with § 8-23-101 . The reimbursement rate provided for by the first sentence of this subsection (c) shall be adjusted after the election of each general assembly at which time the rate shall be revised to reflect the reimbursement rate allowed state employees on the day previous to the regular November election, and the rate as adjusted shall continue in effect during the term of that general assembly. The first such adjustment shall take effect November 6, 1984. (2) A member shall be paid a mileage allowance per mile pursuant to subdivision (c)(1) when using a personally owned vehicle, regardless of the type of vehicle used. However, if a member uses a personally owned vehicle other than an automobile as the member's mode of transportation, the total amount reimbursed for travel shall not exceed the amount the member would have received if the member had traveled by automobile. (d) (1) In lieu of the mileage allowance provided in subsection (c), a member who resides more than one hundred (100) miles from Nashville may be reimbursed the cost of a coach-class airline ticket from the member's home to the seat of government and back, limited to one (1) round trip each week of any legislative session or may be reimbursed the cost of a coach-class airline ticket from the member's home to the seat of government and back, limited to one (1) round trip for attendance, approved by the speaker, for each committee meeting. (2) In lieu of the mileage allowance provided in subsection (c), a member who resides more than one hundred (100) miles from the site of a committee meeting may be reimbursed the cost of a coach-class airline ticket from the member's home to the airport nearest the site of such meeting and back, limited to one (1) round trip for attendance, approved by the speaker, for each such meeting. (3) For the purposes of this subsection (d), coach class shall be construed as the lowest fare available. (4) Each member of the general assembly shall be paid the member's expenses for transportation from an airport to the site of destination pursuant to this subsection (d). (e) Senators, when sitting as a court of impeachment, shall be paid expense and mileage allowances at the same rate and under the same conditions. (f) (1) Except as provided in subdivision (f)(2), each member of the general assembly shall be paid a monthly expense allowance of one thousand two hundred fifty dollars ($1,250), to provide for expenses necessitated in connection with the member's official duties when away from the seat of government including, but not limited to, telecommunications, office, secretarial and other assistance or incidental expenses. (2) In lieu of being paid the monthly expense in the manner provided in subdivision (f)(1), a member who is receiving early retirement benefits from social security may decline, in whole or in part, any such authorized expense and may apply to the appropriate speaker for reimbursement of actual monthly documented expenses otherwise authorized in this subsection (f); provided, that in no event shall the reimbursement requested exceed the maximum amount of expenditure authorized under subdivision (f)(1). If such member elects to be reimbursed as provided in this subdivision (f)(2), the records of the department of finance and administration shall reflect that such payments are a reimbursement for expenses incurred. (3) On the date of the statewide general election in 2024 and on the date of the statewide general election every two (2) years thereafter, the expense allowance established in subdivision (f)(1) must be adjusted to reflect the percentage increase in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the two-year period immediately preceding. Each such adjustment under this subdivision (f)(3) must be rounded up to the nearest multiple of one hundred dollars ($100). (g) [Deleted by 2021 amendment, effective November 8, 2022.] (h) For the purpose of this section, "fifty (50) miles from the capitol" means the most commonly traveled route between the member's principal residence and the state capitol building.

Legislative History

Amended by 2021 Tenn. Acts, ch. 570, Sec.s 1, eff. 5/26/2021 and Secs.s 3, s 4, s 5, s 6, s 7 eff. 11/8/2022. Amended by 2021 Tenn. Acts, ch. 570, s 2, eff. 11/8/2022. Amended by 2013 Tenn. Acts, ch. 241, s 1, eff. 11/4/2014. Acts 1967, ch. 6, § 1; 1971, ch. 105, § 1; 1972, ch. 526, § 1; 1974, ch. 613, § 1; 1975, ch. 24, § 1; T.C.A., § 3-114; Acts 1981, ch. 494, §§ 1-3; 1983, ch. 265, § 1; 1984, ch. 600, § 1; 1984, ch. 709, §§ 1-3; 1988, ch. 975, §§ 1, 2; 1988, ch. 1027, § 1; 1990, ch. 867, §§ 1, 2; 1992, ch. 940, § 1; 2004, ch. 638, §§ 1, 2; 2004, ch. 955, § 2.