SB 345 — PER DIEM & MILEAGE ACT CHANGES

provided that such h rate shall take into consideration the rates available for u » r lodging, meals and incidentals as determined by the United t h g e l i States general services administration for that period of time.

hFor ra isalaried spublic C.officer or employee of a local public body or state agency, expenses shall be substantiated in accordance with rules promulgated by the secretary of finance and administration, and the secretary may promulgate rules defining what constitutes out-of-state travel for the purposes of the Per Diem and Mileage Act.

EveryFor a public officerSB or345 employeePage who4 isofficer hor ,employee e h traveling outside of thea statepublic onpost-secondary officialeducational businessinstitution, expenses shall tbe usubstantiated gin eaccordance bwith lrules epromulgated eby , gh receive either reimbursement pursuant to the provisionsgoverning board of nthat dpublic dpost-secondary ieducational =institution, =and othe hgoverning Subsectionboard Kmay orpromulgate Lrules ofdefining thiswhat sectionconstitutes orout-of-state ltravel ] b ,d i a º r [(1) for publicthe officerspurposes or employees of athe ePer rDiem =and tMileage eAct. w d m a n o state agency or local public body, up to one hundred fifteen d m :

b r e t º o t n = .218490.3SAAIC March 12, 2021 (10:14am) s k m e - 5 - e a n e d r e l u [ A d 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 h Subsection K of this section or actual expenses not to exceed u » r two hundred fifteen dollars ($215) per day.

Expenses shall be t h g e l i substantiated in accordance with rules promulgated by the h r i s department of finance and administration.

The secretary may h , e h promulgate rules defining what constitutes out-of-state travel t u g e b l e e , gh for purposes of the Per Diem and Mileage Act;

or n d d i = = o h (2) for public officers or employees of a l ] b ,d i a º r public post-secondary educational institution, up to one e r = t e w d m a n o hundred fifteen dollars ($115) per diem expenses for each day d m :

b r e t º o t n = .218490.3SAAIC March 12, 2021 (10:14am) s k m e - 6 - e a n e d r e l u [ A d 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] for each day spent in the discharge of official duties, the amount established by the department of h finance and administration for the fiscal year in which the u » r travel occurs.

The department of finance and administration t h g e l i shall establish the reimbursement rate HSEICºby July»HSEIC h r i s HSEICºto be used for the next fiscal year by May»HSEIC 1 of h , e h each fiscal year;

provided that such rate shall take into t u g e b l e e , gh consideration the rates available for lodging, meals and n d d i = = o h incidentals as determined by the United States general services l ] b ,d i a º r administration for that period of time.

For a salaried public e r = t e w d m a n o officer or employee of a local public body or state agency, d m :

b r e t º o t n = .218490.3SAAIC March 12, 2021 (10:14am) s k m e - 7 - e a n e d r e l u [ A d expenses shall be substantiated in accordance with rules promulgated by the secretary of finance and administration, and the secretary may promulgate rules defining what constitutes out-of-state travel for the purposes of the Per Diem and Mileage Act.

For a public officer or employee of a public post-secondary educational institution, expenses shall be substantiated in accordance with rules promulgated by the governing board of that public post- secondary educational institution, and the governing board may promulgate rules defining what constitutes out-of-state travel for the purposes of the Per Diem and Mileage Act.

Every public officer or employee shall 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 h is necessary to the discharge of the officer's or employee's u » r official duties and if the private conveyance is not a common t h g e l i carrier;

provided, however, that only one person shall receive h r i s mileage for each mile traveled in a single privately owned h , e h vehicle or airplane, except in the case of common carriers, in t u g e b l e e , gh which case the person shall receive the cost of the ticket in n d d i = = o h lieu of the mileage allowance.

l ] b ,d i a º r E.

The per diem and mileage or per diem and cost of e r = t e w d m a n o tickets for common carriers paid to salaried public officers or demployees mis :in lieu of actual expenses for transportation, lodging and subsistence.

b r e t º o t n = .218490.3SAAIC March 12, 2021 (10:14am) s k m e - 8 - e a n e d r e l u [ A d employees is in lieu of actual expenses for transportation, lodging and subsistence.

In addition to the in-state per diem set forth in this section, the department of finance and SB 345 Page 5 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.

h H.

Per diem received by nonsalaried public officers u » r for travel on official business or in the discharge of their t h g e l i official duties, other than attending a board or committee h r i s meeting, and per diem received by public officers and employees h , e h for travel on official business shall be prorated in accordance t u g e b l e e , gh with rules of the department of finance and administration or n d d i = = o h the governing board.

l ] b ,d i a º r I.

The provisions of Subsection A of this section e r = t e w d m a n o do not apply to payment of per diem expense to a nonsalaried dpublic mofficial :of a municipality for attendance at board or committee meetings held within the boundaries of the municipality.

b r e t º o t n = .218490.3SAAIC March 12, 2021 (10:14am) s k m e - 9 - e a n e d r e l u [ A d public official of a municipality for attendance at board or committee meetings held within the boundaries of the municipality.

In addition to any other penalties prescribed SB 345 Page 6 by law for false swearing on an official voucher, it shall be cause for removal or dismissal from office.

and SHPACº (2) reimbursement for actual expenses h for meals not to exceed thirty dollars ($30.00) per day for in- u » r state travel and forty-five dollars ($45.00) per day for out- t h g e l i of-state travel.»SHPAC h r i s SHPACº(2) reimbursement for actual expenses h , e h for meals and incidentals not to exceed the maximum amounts for t u g e b l e e , gh in-state and out-of-state travel established by the department n d d i = = o h of finance and administration for the fiscal year in which the l ] b ,d i a º r travel occurs;

provided that the department of finance and eadministration rshall =establish tthe emaximum wrates dfor mthe areimbursement nof oactual administrationexpenses shallfor establishmeals theand maximumincidentals ratesas fordescribed thein dSubsections mB :and C of this section.

b r e t º o t n = .218490.3SAAIC March 12, 2021 (10:14am) s k m e - 10 - e a n e d r e l u [ A d reimbursement of actual expenses for meals and incidentals as described in Subsections B and C of this section.»SHPAC L.

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 of a public post-secondary educational institution or a salaried employee of a public post-secondary SB 345 Page 7 educational institution is entitled to per diem expenses under this subsection and shall receive:

and SHPACº (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."»SHPAC SHPACº(2) reimbursement for actual expenses h for meals and incidentals not to exceed the maximum amounts for u » r in-state and out-of-state travel established by the department t h g e l i of finance and administration for the fiscal year in which the h r i s travel occurs;

provided that the department of finance and h , e h t u g administration shall establish the maximum rates for the e b l e e , gh reimbursement of actual expenses for meals and incidentals as n d d i = = o h described in Subsections B and C of this section."»SHPACsection." lSECTION ] b ,d i a º r e r = HSEICºSECTION 3.

EMERGENCY.--It is necessary for the t e w d m a n o public peace, health and safety that this act take effect dimmediately. m :

bSB r345 ePage t8 º25 o t n = .218490.3SAAIC March 12, 2021 (10:14am) s k m e - 11 - e a n e d r e l u [ A d immediately.»HSEIC - 12 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .218490.3SAAIC March 12, 2021 (10:14am) s k em e e a n e d r e l u [ A d