SENATE BILL 107
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Tim Eichenberg
FOR THE GOVERNMENT RESTRUCTURING TASK FORCE
AN ACT
RELATING TO GOVERNMENT ADMINISTRATION; MAKING THE PER DIEM AND MILEAGE RATE UNIFORM FOR ALL PUBLIC OFFICERS AND EMPLOYEES; MAKING OTHER CHANGES TO THE PER DIEM AND MILEAGE ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-8-1 NMSA 1978 (being Laws 1963, Chapter 31, Section 1, as amended) is amended to read:
"10-8-1. SHORT TITLE.--[Sections 10-8-1 through 10-8-8] Chapter 10, Article 8 NMSA 1978 may be cited as the "Per Diem and Mileage Act"."
SECTION 2. Section 10-8-3 NMSA 1978 (being Laws 1971, Chapter 116, Section 2, as amended) is amended to read:
"10-8-3. DEFINITIONS.--As used in the Per Diem and Mileage Act:
A. "secretary" means the secretary of finance and administration;
B. "employee" means [any] a person who is in the employ of [any] a state agency, local public body or public post-secondary educational institution and whose salary is paid either completely or in part from public money, but does not include jurors or jury commissioners;
C. "governing board" means the board of regents of [any] an institution designated in Article 12, Section 11 of the constitution of New Mexico or designated in Chapter 21, Article 14 NMSA 1978, or the board of [any] an institution designated in Chapter 21, [Articles] Article 13 or 16 [and 17] NMSA 1978;
D. "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions, except public post-secondary educational institutions;
E. "state agency" means the state or any of its branches, agencies, departments, boards, instrumentalities or institutions, except public post-secondary educational institutions;
F. "public post-secondary educational institution" means [any] an institution designated in Article 12, Section 11 of the constitution of New Mexico and [any] an institution designated in Chapter 21, [Articles] Article 13, 14 or 16 [and 17] NMSA 1978; and
G. "public officer" or "public official" means every elected or appointed salaried or nonsalaried officer of the state, local public body or any public post-secondary educational institution; provided that "public officer" or "public official" includes members of advisory boards appointed by any state agency, local public body or public post-secondary educational institution; and provided further that "public officer" or "public official" does not include a member of the legislature unless specifically included."
SECTION 3. Section 10-8-4 NMSA 1978 (being Laws 1963, Chapter 31, Section 3, as amended) is amended to read:
"10-8-4. PER DIEM AND MILEAGE RATES--IN LIEU OF
PAYMENT.--
[A. Notwithstanding any other specific law to the contrary and except as provided in Subsection I of this section, every nonsalaried public officer shall receive either reimbursement pursuant to the provisions of Subsection K or L of this section or up to ninety-five dollars ($95.00) per diem expenses:
(1) for each board or committee meeting attended; or
(2) for each day spent in discharge of official duties for travel within the state but away from the officer's home.
Nonsalaried public officers who travel to attend a board or committee meeting may elect to be reimbursed per diem under either Paragraph (1) or (2) of this subsection.
B.] A. Every [salaried] public officer or employee who is traveling within the state but away from the officer's or employee's home and designated post of duty on official business [shall] is entitled to receive either reimbursement pursuant to the provisions of Subsection [K] J or [L] K of this section or:
(1) up to eighty-five dollars ($85.00) per diem expenses for each day spent in the discharge of official duties for a [salaried] public officer or employee of a local public body or state agency. If the secretary finds that a per diem allowance of eighty-five dollars ($85.00) is inadequate for reimbursement of expenses in any municipality of this state, the secretary may authorize the reimbursement of per diem for travel to the municipality not to exceed one hundred thirty-five dollars ($135); or
(2) up to eighty-five dollars ($85.00) per diem expenses for each day spent in the discharge of official duties for a [salaried] public officer or employee of a public post-secondary educational institution. If the governing board finds that a per diem allowance of eighty-five dollars ($85.00) is inadequate for reimbursement of expenses in any municipality of this state, the governing board may authorize the reimbursement of per diem for travel to the municipality not to exceed one hundred thirty-five dollars ($135).
[C.] B. Every public officer or employee [shall] who is traveling out of state and away from the officer's or employee's home and designated post of duty on official business is entitled to receive either reimbursement pursuant to the provisions of Subsection [K] J or [L] K of this section or:
(1) for public officers or employees of a state agency or local public body, up to one hundred fifteen dollars ($115) per diem expenses for each day of travel outside the state on official business. If the secretary finds that a per diem allowance of one hundred fifteen dollars ($115) is inadequate for out-of-state travel to a geographical area, the secretary may authorize per diem not to exceed two hundred fifteen dollars ($215) for out-of-state travel to that geographical area; provided that the secretary may authorize per diem for travel to a locality inside or outside the continental United States for a public officer or employee who is reimbursed solely from federal funds in accordance with the rate allowed by the federal government for travel to that locality. In lieu of per diem, a person trained in the field of accountancy and performing duties in that field of training as an employee while assigned for periods exceeding three weeks per assignment to travel out of state on official business may receive either reimbursement pursuant to the provisions of Subsection J or K of this section or actual expenses not to exceed two hundred fifteen dollars ($215) per day. Expenses shall be substantiated in accordance with rules promulgated by the department of finance and administration. The secretary may promulgate rules defining what constitutes out-of-state travel for purposes of the Per Diem and Mileage Act; or
(2) for public officers or employees of a public post-secondary educational institution, up to one hundred fifteen dollars ($115) per diem expenses for each day of travel outside the state on official business. If the governing board finds that a per diem allowance of one hundred fifteen dollars ($115) is inadequate for out-of-state travel to a geographical area, the governing board may authorize per diem not to exceed two hundred fifteen dollars ($215) for out-of-state travel to that geographical area; provided that the governing board may authorize per diem for travel to a locality inside or outside the continental United States for a public officer or employee who is reimbursed solely from federal funds in accordance with the rate allowed by the federal government for travel to that locality. Expenses shall be substantiated in accordance with rules promulgated by the governing board. The governing board may promulgate rules defining what constitutes out-of-state travel for purposes of the Per Diem and Mileage Act.
[D.] C. Every public officer or employee [shall] is entitled to receive up to the internal revenue service standard mileage rate set January 1 of the previous year for each mile traveled in a privately owned vehicle or eighty-eight cents ($.88) a mile for each mile traveled in a privately owned airplane if the travel is necessary to the discharge of the officer's or employee's official duties and if the private conveyance is not a common carrier; provided, however, that only one person shall receive mileage for each mile traveled in a single privately owned vehicle or airplane, except in the case of common carriers, in which case the person shall receive the cost of the ticket in lieu of the mileage allowance.
[E.] D. The per diem and mileage or per diem and cost of tickets for common carriers paid to [salaried] public officers or employees is in lieu of actual expenses for transportation, lodging and subsistence.
[F.] E. In addition to the in-state per diem set forth in this section, the department of finance and administration, by rule, may authorize a flat subsistence rate in the amount set by the legislature in the general appropriation act for commissioned officers of the New Mexico state police in accordance with rules promulgated by the department of finance and administration.
[G.] F. In lieu of the in-state per diem set in Subsection [B] A of this section, the department of finance and administration may, by rule, authorize a flat monthly subsistence rate for certain employees of the department of transportation, provided that the payments made under this subsection shall not exceed the maximum amount that would be paid under Subsection [B] A of this section.
[H.] G. Per diem received by [nonsalaried public officers for travel on official business or in the discharge of their official duties, other than attending a board or committee meeting, and per diem received by] public officers and employees for travel on official business shall be prorated in accordance with rules of the department of finance and administration or the governing board.
[I. The provisions of Subsection A of this section do not apply to payment of per diem expense to a nonsalaried]
H. A public official of the state or a [municipality] local public body or public post-educational institution shall not receive per diem and mileage for attendance at board or committee meetings held within [the boundaries of the municipality] a thirty-five-mile radius of the official's home or other radius as provided by rule of the secretary.
[J.] I. In addition to any other penalties prescribed by law for false swearing on an official voucher, it shall be cause for removal or dismissal from office.
[K.] J. With prior written approval of the secretary or the secretary's designee or the local public body, a [nonsalaried public officer of a state agency or local public body, a salaried] public officer [of a state agency or local public body] or [a salaried] employee of a state agency or local public body is entitled to per diem expenses under this subsection and [shall] may receive:
(1) reimbursement for actual expenses for lodging; and
(2) reimbursement for actual expenses for meals not to exceed thirty dollars ($30.00) per day for in-state travel and forty-five dollars ($45.00) per day for out-of-state travel.
[L.] K. With prior written approval of the governing board or its designee, a [nonsalaried public officer of a public post-secondary educational institution, a salaried] public officer or employee of a public post-secondary educational institution [or a salaried employee of a public post-secondary educational institution] is entitled to per diem expenses under this subsection and [shall] may receive:
(1) reimbursement for actual expenses for lodging; and
(2) reimbursement for actual expenses for meals not to exceed thirty dollars ($30.00) per day for in-state travel and forty-five dollars ($45.00) per day for out-of-state travel."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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