CHAPTER 109
HOUSE BILL No. 2551
An Act concerning the secretary of administration; relating to
reimbursement rates for
mileage and travel subsistence; amending K.S.A. 75-3201, 75-3203,
75-3203a, 75-3207
and 75-3207a and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 75-3201 is hereby
amended to read as follows: 75-
3201. (a) When the duty assignment of any state
official officer or em-
ployee requires that he or she travel to points
beyond his or her such
officer's or employee's official station or regular domicile
he or she such
officer or employee shall be entitled, upon complying with
the provisions
of this act and the rules and regulations promulgated hereunder, to
an
allowance for subsistence and reimbursement for transportation,
and
other travel expenses incurred by him or her while
in such travel status
as provided in this act. Such officer or employee shall present
claims
therefor for travel at least once each
month to the appropriate depart-
ment or official, and, such officer. The
claims shall show dates of travel,
points visited, times of departure and arrival, and purpose of
travel.
(b) When mileage allowances for
the use of a privately owned auto-
mobile are claimed, the points between which said
the mileage accrued,
the necessity and purpose therefor, license number and
owner of the
automobile so used, and of the travel and
the rate per mile, shall be shown
on the claim:
Provided,. No claim for mileage
shall be allowed when such
mileage accrues for mileage accrued when
using a vehicle owned by the
state of Kansas.
(c) Unless the secretary of
administration, by rule and regulation,
provides for limited exceptions under circumstances in which
payment of
a per diem or subsistence allowance is in the best interest of
the state, no
per diem or subsistence allowances shall be paid to any state
official officer
or employee when such these expenses are
incurred in the city or town
wherein in which the residence or official
station of such official the of-
ficer or employee is located.
(d) Nothing in this section shall
be construed as applying to the mem-
bers of the state legislature and other officials as enumerated in
K.S.A.
75-3211 75-3216, and amendments
thereto.
Sec. 2. K.S.A. 75-3203 is hereby
amended to read as follows: 75-
3203. (a) Except as otherwise provided in this section, wherever in
the
statutes of the state of Kansas any mileage is allowed to any
public official
of the state or any of the municipal subdivisions
political subdivision
thereof, or to witnesses, jurors or other persons, the rate thereof
shall be
in the applicable amount fixed and established by the secretary of
ad-
ministration by rules and regulations adopted
under K.S.A. 75-3203a, and
amendments thereto, for each mile actually and necessarily
traveled, by
way of the most direct route by privately owned conveyance for
official
purposes, and.
(b) No mileage in excess of
such that amount for each mile actually
and necessarily traveled, regardless of the number of passengers,
shall be
paid or taxed as costs in any case.
(c) The governing body of any
county, city or school district may
prescribe a rate different from that provided for in this section
as to
officers and employees of such county, city or school district. If
a different
rate is not prescribed by the governing body of a county, city or
school
district, the rate established by the secretary of administration
shall be
the rate applicable to officers and employees of such county, city
or school
district. Only one mileage allowance at the rate fixed by the
secretary per
mile or the rate prescribed by the governing body of a county, city
or
school district for officers and employees of such county, city or
school
district is authorized for the use of a privately owned conveyance
in official
travel and no claim shall be presented for mileage traveled as a
passenger
in a privately owned conveyance in which the mileage allowance
is
claimed by the owner or operator.
(d) Privately owned conveyances
shall include, but not be limited to
automobiles, limousines, station wagons, airplanes,
airbuses, and helicop-
ters but shall not be deemed to motorcycles and
aircraft. Privately owned
conveyances shall not include any conveyances offered
publicly for tem-
porary and occasional hire on a trip basis by a traveler including
those
normally intended to be operated by the traveler if their use has
been
authorized under appropriate statutes or rules and regulations
governing
official travel.
(e) The rate prescribed
by under this act shall be construed to
cover
all costs related to the use of privately owned conveyances
including but
not limited to gas, oil, tires, repairs, insurance, license fees
and depreci-
ation costs. Parking charges, turnpike tolls and bridge tolls may
be allowed
in addition to the mileage allowance provided herein.
(f) This act shall not be
construed to repeal any provision of any ex-
isting statute as to the method of computing mileage, but shall
relate
solely to the amount to be charged as mileage.
(g) The secretary of
administration shall may adopt rules and
regu-
lations as provided in K.S.A. 75-3706, and amendments
thereto to govern
official travel, relating to official travel by
privately owned conveyance.
(b)
(h) Notwithstanding anything in this section,
exceptions to the
same may be made in any other statute or in any appropriation act,
and
all such exceptions heretofore made shall be valid.
Sec. 3. K.S.A. 75-3203a is hereby
amended to read as follows: 75-
3203a. (a) The secretary of administration shall, at least
annually, may fix
rates of mileage allowance for travel by privately owned
conveyances for
official purposes and the rates so fixed may be paid to public
officials,
except as otherwise specifically provided by law. The secretary may
fix a
different rate of mileage allowance for each of the following
privately
owned conveyances:
(1) Automobiles;
(2) motorcycles,
(2);
(3) aircraft,
(3);
(4) vehicles specially equipped
for the physically handicapped, and
(4) disabled; and
(5) other privately owned
conveyances.
(b) Each rate of mileage allowance fixed
by the secretary shall be
fixed only after consideration of actual costs incurred in using
private
privately owned conveyances, the rates allowed by the
internal revenue
service, increased costs due to any energy crisis and the
general infla-
tionary situation, and such other matters as the secretary deems
pertinent.
(c) The rates of mileage allowance
authorized by this section shall be
fixed by rules and regulations adopted as provided in
K.S.A. 75-3706 and
which may be amended from time to time may be
revised as conditions
require but shall not exceed the lowest of the following
rates:
(1) The rate allowed by the internal
revenue service;
(2) the rate used in preparing the
governor's budget report under
K.S.A. 75-3721, and amendments thereto; or
(3) any revision of the rate described
in paragraph (2) as specifically
directed in appropriation acts of the legislature.
(d) Each rate of mileage allowance fixed
by the secretary under this
section shall be the rate of mileage allowance for official travel
by the
applicable privately owned conveyance until a different rate is
fixed there-
for by the secretary under this section. All rules and
regulations adopted
by the secretary under this section shall continue to be
effective until
amended, revoked or nullified pursuant to law.
Sec. 4. K.S.A. 75-3207 is hereby
amended to read as follows: 75-
3207. (a) For official travel inside or outside of the state, the
subsistence
allowance shall be paid at the applicable rate for such travel
fixed under
K.S.A. 75-3207a, and amendments thereto, while the employee is
away
from such employee's official station or domicile.
(b) (1) In all cases of
official travel inside or outside of the state which
is subject to the provisions of this section, where the official
traveler leaves
the traveler's official station or domicile and returns on the same
day
without incurring lodging expense, no subsistence allowance will be
paid.
(2) No subsistence allowance shall
be allowed for expenses incurred
within 30 miles of an employee's official station.
(3) The secretary of administration
may provide, by rule and regu-
lation, for limited exceptions to the limitation established in
paragraph
(1) of this subsection under circumstances in which payment of a
subsis-
tence allowance for the official travel is in the best interest
of the state.
(c) No allowances shall be paid to any
person for subsistence expense
incurred while staying in any place where such person is
continuously
stationed, except upon written permission granted by the secretary
of
administration upon written application and subject to rules and
regula-
tions adopted by the secretary of administration under K.S.A.
75-3207a,
and amendments thereto.
(d) The limitations provided herein shall
not apply to cases where the
subsistence expenses are advanced by the state by reason of
contract of
recompensation either expressed, or implied in law or in fact, with
any
person, group of persons, agency, association, corporation,
partnership,
or organization of any nature whatsoever, other than the state of
Kansas
or any municipalities or subdivision thereof.
(e) The phrase ``subsistence allowance''
as used in this act shall be
construed and held to include all charges for meals and lodging,
all fees
and tips to waiters, hotel porters, bellhops, doormen,
maids, television,
radios, special air conditioning and dining-room
stewards.
(f) Subject to prior approval by the
secretary of administration, re-
duced allowances for subsistence may be paid where considered
appro-
priate by the head of any state agency by reason of the nature of
travel,
type of business being conducted and frequency of travel. Notice of
any
such reduced allowances shall be given to the director of accounts
and
reports.
(g) The secretary of administration
shall may adopt rules and regu-
lations as provided in K.S.A. 75-3706 covering,
and amendments thereto,
regarding the manner of payment of allowances for
subsistence, non-
subsistence and transportation expenses as defined in this act.
(h) Nothing in this section shall apply
to the officers and employees
specified in K.S.A. 75-3216, and amendments thereto.
Sec. 5. K.S.A. 75-3207a is hereby
amended to read as follows: 75-
3207a. (a) The secretary of administration shall establish the
rates of sub-
sistence allowance for in-state and out-of-state travel for
official purposes,
including travel to designated high-cost cities. These rates shall
be paid
to public officers and employees who are subject to the provisions
of
K.S.A. 75-3207, and amendments thereto, or shall be paid
directly to
lodging establishments.
(b) The secretary may authorize
and prescribe limitations and pro-
cedures for payment of such subsistence allowances by separate
catego-
ries for reimbursement for meal expenses under a daily allowance
basis
and for reimbursement for lodging expenses under an actual cost
incurred
basis, or may provide for the direct payment of
such lodging expenses to
the lodging establishment. Advances for such costs
shall also shall be at
the discretion of the secretary. Such rates,
These authorizations, limita-
tions, procedures and other provisions for subsistence allowances
shall
may be established by rules and regulations adopted in the
manner pre-
scribed by K.S.A. 75-3706, and amendments thereto.
(b) (c) All such
rates and high-cost city designations shall be fixed
only after consideration by the secretary of actual costs incurred
in such
travel, the rates allowed by the federal internal revenue service,
and such
other matters as the secretary deems pertinent.
(c) (d) The
provisions of rules and regulations adopted pursuant to
the provisions of this section shall apply to all
official travel on and after
the effective date of such rules and regulations.
(d) (e) Nothing
in this section shall apply to the officers and employ-
ees specified in K.S.A. 75-3216, and amendments thereto.
(e) (f) The rates
for lodging expense reimbursement and direct pay-
ments established by rules and regulations of the
secretary of adminis-
tration for in-state and out-of-state travel for official purposes
by officers
and employees who are subject to this section, may be exceeded
upon
written approval by the agency head, or the agency head's designee
who
is responsible for approval of travel under K.S.A. 75-3208,
and amend-
ments thereto, subject to policies adopted by the officer, board or
com-
mission that appointed the agency head. In cases involving the
official
travel of an individual who is an agency head or an appointive
member
of a board, commission or similar body that appoints an agency
head, no
approval to exceed such the rates for
lodging expenses for that individual
shall be required unless the appointing authority of
such that individual
requires such written approval by the appointing
authority. In no case
shall any lodging expense under this subsection exceed the lesser
of ei-
ther:
(1) The amount equal to the maximum
applicable lodging expense
authorized by rules and regulations adopted under
this section increased
by 50%; or
(2) the actual lodging expenses incurred
during the official travel.
Sec. 6. K.S.A. 75-3201, 75-3203, 75-3203a, 75-3207
and 75-3207a
are hereby repealed.
Sec. 7. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 16, 2001.
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