LITTLE ROCK — A hearing is set for next month to discuss a proposed legal settlement that would require legislators to strictly document claims for mileage and expense reimbursements.
The stipulations are part of an agreement reached late Friday in a lawsuit challenging the practice of state legislators supplementing their salaries through undocumented expense and mileage claims.
On Monday, Pulaski County Circuit Judge Chris Piazza set an April 3 hearing date to consider the proposed settlement.
The nonprofit Arkansas Public Law Center filed the lawsuit last year alleging that the practice violates Amendment 70 of the Arkansas Constitution, which prohibits legislators and other state elected officials from receiving income for their duties other than their salaries.
The amendment states that legislators may only receive reimbursement for expenses for mileage if they are “authorized by law, documented, and reasonably related to their official duties.”
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The lawsuit named two legislators, Rep. Ann Clemmer, R-Benton, and Sen. Jerry Taylor, D-Pine Bluff, as defendants, along with the state auditor, state treasurer and officials of the House and Senate, who disburse expense payments for legislators.
The suit alleged both Clemmer and Taylor claimed expenses without submitting proper documentation. Between January 2009 and August of 2011, Clemmer collected $70,500 and between January 2007 and August 2011 Taylor collected $129,633.
Under the agreement, the $10,200 annual payment some legislators receive instead of per diem and mileage payments would end and a regular review of their reimbursements would be required.
The agreement also calls for the state to pay $35,000 in attorneys fees and court costs to the plaintiffs.
All of the 135 state legislators collect per diem payments or reimbursements for mileage or office expenses beyond their salary, which is currently $15,869 for all but the House speaker and Senate president pro tem, who make $17,771 each.
Per diem and mileage reimbursements are limited to legislators who live more than 50 miles from the state Capitol, but lawmakers who live within 50 miles can receive office-expense reimbursements amounting to $10,200 annually.