N.Y. legislators given $33M for expenses since 2000 JOSEPH SPECTOR • JOURNAL ALBANY BUREAU • SEPTEMBER 19, 2010
ALBANY — Some state lawmakers bemoan having to leave home and come to the Capitol, but others can't seem to get enough of the place. Take Assemblywoman Earlene Hooper, D-Nassau County. In mid-July, when the legislative session was over, Hooper spent seven days in town, including Saturday and Sunday, on what she deemed on her travel voucher to be "legislative duties." The cost to taxpayers: $1,219. That included her $171-a-day stipend for lodging and food along with the round-trip train ride to New York City and taxi fees, according to records obtained through a state Freedom of Information request. In all, Hooper has racked up $341,330 in per diem and travel expenses during the past 10 years, far surpassing any other state lawmaker in that period, a review by the Journal's Albany bureau found. She's defended the cost in the past, which includes another $20,270 since April 1, saying she often does her work from Albany. She did not return calls seeking comment. When New York's state budget has faced a $9 billion deficit and the state has struggled to fund parks, schools and social services programs, the per diems that lawmakers receive are drawing closer scrutiny and calls for reform. The per diems, which are set by federal law, are doled out to lawmakers with little oversight and no regard to whether they actually spend their full allotment each day. So if a lawmaker can find a $50-a-night hotel room — which some said they are able to do through their special government rate — they can go out on nice dinners or simply pocket whatever is left. No receipts required. Though the per diems and travel costs for lawmakers are a fraction of the $136 billion budget, the costs have added up. Since 2000, $33 million has been billed to taxpayers — $23.4 million in the 150-member Assembly and $9.6 million in the 62-member Senate, records from the state Comptroller's Office show. "This kind of thing speaks to how out of touch they are with what is going on around the state," said Liz Feld, former mayor of Larchmont in Westchester County and a spokeswoman for conservative political action group New Yorkers for Growth. "Per diem ... It's all per taxpayer."
It's not a new complaint. A special report by Gannett in 1985 titled the "Solid Gold Legislature" found that some lawmakers would bill for a full-day per diem — then $75 — even if they didn't do a full-day's work. Some lawmakers admitted abuse still exists but said it's the exception rather than the rule. Most lawmakers, some of whom have apartments in Albany, are rarely seen at the Capitol outside of session days, which this year has totaled about 80 days. Some of them also refrained from taking a per diem, particularly when special sessions called by the governor proved futile, or refused to take the federal increase last year, when the daily stipend rose from $160 to $171. Local Lawmakers Assemblyman Frank Skartados, D-Milton, received $3,381 for travel expenses last year, his first year in office. But he has refused to take any since. Instead, he drives the roughly 200 miles each day round trip to Albany from his Hudson Valley home rather than stay in a hotel. "I think at this very difficult economic time, it just doesn't make any sense to me," he said. "You cannot ask others to do more with less when you continue to exempt yourself from that same advice. That's not leadership, that's hypocrisy." Sen. Steve Saland, R-Poughkeepsie, has for the past two years refused to take the $171 per diem, opting for the previous $160 amount. During the past 10 years, he has received $128,154.56 in per diem and travel expenses. "It basically defrays my expenses on legislative business," Saland said. He said expenses like those Hooper amassed are hard to fathom. "It's very difficult to justify," he said. Saland said he doesn't get reimbursed mileage when he travels around his district. "I have a car that is a little over 3 years old, and I'm approaching 100,000 miles," he said. "It would be extremely unreasonable to require your constituents to meet with you in Albany." Assemblyman Joel Miller, R-Poughkeepsie, said: "Why do we get paid to be away from our families? "Basically I use the per diem to pay for my motel room, lunch and dinner," he said. "Breakfast is provided at the motel." Since 2000, Miller has received $171,212.46 in per diem and travel expenses, more than any other local lawmaker.
"I can assure you this is the least of our problems," he said. "It may sound exciting, but that is not what is bankrupting the state." Assemblyman Marc Molinaro, R-Red Hook, has seen his reimbursements increase from a little over $2,000 for fiscal year 2006-07 to $17,617.67 in fiscal year 2009-10. His responsibilities, including committee appointments, have increased, requiring the extra time in Albany. So far he has received $52,409.70 in per diem and travel expenses. "My perspective is there are some things I couldn't afford to shoulder independently, and there are some things the people of the state of New York shouldn't have to pay for," Molinaro said. "I come from local government," he said, "and I only put in what is legitimate and appropriate." Albany On $171 A Day Lawmakers get $171 per day for every overnight stay in Albany, whether they own a home in the area, get a hotel or rent an apartment. They get a partial amount when they don't stay the night, $61 a day in the Assembly and $45 a day in the Senate. Lawmakers who live in the Capital Region do not receive the per diems. In the Senate, the threshold is if you live within 35 miles of the Capitol; it's 50 miles in the Assembly. Legislators outside the Capital Region also receive 50 cents a mile for the travel to and from Albany, set by the federal rate, or reimbursement if they take a train or fly — which a few do, including Assembly Speaker Sheldon Silver of Manhattan. About two dozen states offer per diem allowances to lawmakers based on federal rates. Five don't provide them at all, mainly some of the states that are the smallest geographically, such as Rhode Island, Connecticut, New Hampshire and New Jersey. The other is Ohio, according to the National Conference of State Legislatures. Lawmakers are paid $79,500 a year, the same rate since 1999, and most receive extra pay — called lulus — for serving in leadership posts, in addition to the daily stipends. So the average pay comes to $95,667 in the Senate and $89,419 in the Assembly when stipends are factored in.