HB 68 — Relating to state employee travel expenses; to amend Sections 36-7-20 and 36-7-21, Code of Alabama, to provide that a person traveling inside the State of Alabama in the service of the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies to be provided the uniform per diem or to be reimbursed for their actual out-of-pocket expenses when traveling within the state on official business.

HB68 INTRODUCEDENROLLED O7ZIMM-1O7ZIMM-2 By Representative Shedd RFD:

07-Mar-23 2023 Regular Session Page 0 O7ZIMM-1HB68 02/23/2023Enrolled JCEnrolled, (L)tgwAn 2023-413Act, 23 4Relating SYNOPSIS:to state employee travel expenses;

Existingto lawamend providesSections for36-7-20 aand uniform36-7-21, perCode diem,of whichAlabama, isto provide that a standardperson expensetraveling dailyinside allowancethe payableState toof stateAlabama employees,in includingthe employeesservice of the Alabamastate Departmentor any of Economicits anddepartments, Communityinstitutions, Affairs,boards, bureaus, commissions, councils, committees, or other like agencies to be provided the uniform per diem or to be reimbursed for their nontransportationactual out-of-pocket expenses incurredwhen intraveling work-relatedwithin travelthe withinstate Alabama.on official business.

This bill would permit officials and employees of the Alabama Department of Economic and Community Affairs to instead be reimbursed for their actual out-of-pocket expenses when their travel promotes the goals of their department.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

A BILL TO BE ENTITLED AN ACT Relating to state employee travel expenses;

to amend Section 41-23-4, Code of Alabama 1975, to provide that employees of the Alabama Department of Economic and Community Affairs may be reimbursed for their actual travel expenses;

Page 1 HB68 INTRODUCED and to make nonsubstantive, technical revisions to update the existing code language to current style.

Section 1.1.Section 36-7-20, Code of Alabama of 1975, is amended to read as follows:

"§36-7-20 (a) Except as otherwise provided in Section 41-23-4,36-7-21, Codethe amount allowable to a person traveling inside the State of Alabama in the service of 1975,the isstate amendedor toany readof its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies for expenses other than transportation may be fixed by the Governor at not less than seventy-five dollars ($75) per day, and this amount shall be uniform in operation as follows:to all persons traveling within the state on official business under this section;

"§41-23-4provided, (a)no Theperson Governor shall appointbe aentitled chief administrative officer to bereimbursement designatedunder asboth Directorthis ofsection theand Departmentunder ofsection Economic36-7-21 andfor Communityany Affairs.travel segment.

Such(b) officerTheNo directortravel allowance shall servebe atpaid thefor pleasure of the Governor at a salarytrip toof beless setthan insix thehours' sameduration. manner and with the same limitations as otherwise provided by law for executive department heads.

TheFor directortravel ofwhich thedoes saidnot departmentPage 1 HB68 Enrolled require an overnight stay, the traveler shall be paid a membermeal allowance of suchany15 boardsboard,percent councilscouncil,of andorthe commissions,commissionregular asper theyitdiem relaterelatesrate tofor hisa ortrip herof authorityfrom undersix theto provisions12 ofhours' thisduration, article, and asfor requiredtravel andin currentlyexcess authorizedof under12 hours' duration, the varioustraveler federalshall programsbe andpaid asone approvedmeal byallowance and one-fourth of the Governor.per diem allowance.

(b)(c) The Governorper throughdiem theallowance Departmentshall ofnot Economicbe andpaid Communityto Affairsan shallemployee encouragestationed comprehensiveat andthe coordinatedsame planningplace andin programmingthe ofstate economicfor anda communityperiod affairsin throughoutexcess theof Statetwo ofconsecutive Alabama.months.

Accordingly,After thetwo uniformconsecutive travelmonths allowancethe requirementsamount underof Sectionthe 36-7-20allowance shall notbe applyreduced to an75 officerpercent or employee of the departmentregular whenper hediem orrate sheper incursday. expenses representing the State of Alabama in the encouragement of comprehensive and coordinated planning and programming of economic and community affairs.

AnNotwithstanding officerthe orforegoing, employeethis section shall benot reimbursedapply forto theofficers actualand Pageemployees 2of HB68the INTRODUCEDState expensesof heAlabama orwhen shethey paidincur ifexpenses representing the representationState isof approvedAlabama in advance in writing by the Governorencouragement orand bypromotion the Director of Financetrade whenor designatedindustrial bydevelopment. the Governor." Section 2.

ThisOn actthose occasions, when the representation is properly approved, those persons shall becomebe effectivereimbursed immediatelyfor followingthe itsactual passageexpenses incurred and approvalpaid by them if the Governor,representation is approved in advance in writing by the Governor or itsby otherwisethe becomingDirector law.of Finance when so designated by the Governor.

Page(d) 3This section shall not apply to examiners or other persons designated by the Commissioner of Insurance to examine or cause to be examined the domestic insurance corporations qualified in this state when the expense incurred by those persons shall be paid by, collected, or received from the corporations examined under Section 27-2-25.

(e) This section shall be optional with the employing agency in those instances where the employee is required to attend training sessions, schools, seminars, or other like Page 2 HB68 Enrolled group functions at a facility when it would serve the best interests of both the state and the employee, or in those instances when the employee is assigned to assist in suppressing on-going natural disaster situations, or other emergencies.

In those cases, the cost of meals and per diem may be paid as set forth herein or by the employing agency of the state directly to the contract facility furnishing the service, but the costs of these services shall not exceed the amount allowable to the individual employee for in-state travel.

(f) For purposes of applying this section to members of the Legislature, each of the following shall apply:

(1) The presiding officer of the house to which the member belongs shall determine if the travel is in the service of the state.

(2) In connection with the same travel, members of the Legislature shall receive per diem under this section except in either of the following instances:

a.

For attendance on special or regular session days or committee meeting days of the Legislature when otherwise compensated pursuant to law.

b.

For attendance on interim committee meeting days of the Legislature when otherwise compensated pursuant to law.

(3) Travel means a departure from the place of residence of the member of the Legislature." Section 2.

Section 36-7-21, Code of Alabama of 1975, is amended to read as follows:

"§36-7-21 Page 3 HB68 Enrolled (a) As an alternative to reimbursement provided under section 36-7-20(a), persons Persons traveling in the service of the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other agencies, outside the State of Alabama, or within the State of Alabama for purposes of attending or assisting in hosting a convention, conference, seminar, or other meeting of a state, regional, or national organization of which the state or individual is a dues-paying member that is held within the state, upon approval as provided in this section, shall may 95 be allowed all of their actual and necessary expenses in addition to the actual expenses for transportation;

provided, no person shall be entitled to reimbursement under both this section and under section 36-7-21 for any travel segment.

In-state travel authorized under this section is subject to the same documentation requirements as out-of-state travel.

(b) Except as provided in subsections (c), (d), (e), and (f), any travel for which a traveler intends to seek reimbursement from the state under this section shall be fully authorized in writing by the head of the traveler's agency prior to the traveler's departure.

The written authorization shall contain the agency head's certification that the traveler's estimated reimbursable travel expenses have been reviewed and approved by the agency head as being necessary.

In the case of in-state travel under this section, the agency head shall also certify all of the following in the written authorization:

(1) That the person is traveling in service of the Page 4 HB68 Enrolled state for the purpose of attending or assisting in hosting a convention, conference, seminar, or other meeting of a state, regional, or national organization.

(2) That the State of Alabama or person traveling is a dues-paying member of the state, regional, or national organization and has documentation of membership on file.

Any travel by an agency head for which the agency head intends to seek reimbursement under this section shall be fully authorized in writing by the Governor prior to the agency head's departure.

The Finance Director may establish policies and procedures for assisting agency heads in determining whether travel under this subsection should be authorized and will be reimbursable.

(c) With respect to the Legislative Department, members of the Legislature, subordinate officers and employees of the Legislature, the directors and employees of the Legislature, the directors and employees of the Legislative Services Agency, and Examiners of Public Accounts, travel shall be authorized in writing by the President of the Senate, for the President of the Senate and members of the Senate, by the Speaker of the House, for the Speaker of the House and members of the House of Representatives, by the Secretary of the Senate or the Clerk of the House for subordinate officers and employees of the Legislature, and by the directors for the directors and employees of the legislative departments.