44th legislature - STATE OF NEW MEXICO - second session, 2000
RELATING TO STATE EXPENSES; AMENDING THE PER DIEM AND MILEAGE ACT TO FEDERAL PER DIEM AND MILEAGE LEVELS; AMENDING A SECTION OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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 seventy-five dollars ($75.00)] per
diem expenses equal to the internal revenue service per diem
rate for the destination or the closest point of lodging to
the destination point for the month and year in which the
travel or lodging occurs:
(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 his 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. Every salaried public officer or employee who is traveling within the state but away from his home and away from his designated post of duty on official business shall receive either reimbursement pursuant to the provisions of Subsection K or L of this section or:
(1) [up to sixty-five dollars ($65.00)] per
diem expenses equal to the internal revenue service per diem
rate for the destination or the closest point of lodging to
the destination point for the month and year in which the
travel or lodging occurs for each day spent in the discharge
of his 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 sixty-five
dollars ($65.00) is inadequate for reimbursement of expenses
in any municipality of this state, the secretary may authorize
the reimbursement of per diem for travel to such municipality
not to exceed seventy-five dollars ($75.00)]; or
(2) [up to sixty-five dollars ($65.00)] per
diem expenses equal to the internal revenue service per diem
rate for the destination or the closest point of lodging to
the destination point for the month and year in which the
travel or lodging occurs for each day spent in the discharge
of his 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
sixty-five dollars ($65.00) 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 such municipality not to exceed seventy-five dollars
($75.00).]
C. Every public officer or employee shall receive either reimbursement pursuant to the provisions of Subsection K or L of this section or:
(1) for public officers or employees of a
state agency or local public body, [up to seventy-five dollars
($75.00)] per diem expenses equal to the internal revenue
service per diem rate for the destination or the closest point
of lodging to the destination point for the month and year in
which the travel or lodging occurs for each day of travel
outside the state on official business. [If the secretary
finds that a per diem allowance of seventy-five dollars
($75.00) is inadequate for out-of-state travel to a
geographical area, the secretary may authorize per diem not to
exceed ninety-five dollars ($95.00) for out-of-state travel to
such 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] equal to the internal revenue service per diem
rate for the destination or the closest point of lodging to
the destination point for the month and year in which the
travel or lodging occurs. In lieu of per diem, persons
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 L of this section or
actual expenses not to exceed [ninety-five dollars ($95.00)
per day] a rate to be set by the department of finance and
administration that shall not exceed the internal revenue
service per diem rate plus ten percent. 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 seventy-five dollars ($75.00)] per diem expenses equal to the internal
revenue service per diem rate for the destination or the
closest point of lodging to the destination point for the
month and year in which the travel or lodging occurs for each
day of travel outside the state on official business. [If the
governing board finds that a per diem allowance of seventy-five dollars ($75.00) is inadequate for out-of-state travel to
a geographical area, the governing board may authorize per
diem not to exceed ninety-five dollars ($95.00) for out-of-state travel to such geographical area; provided that] The
governing board may authorize per diem for travel to a
locality inside or outside the continental United States for a
public officer or employee who is reimbursed solely from
federal funds [in accordance with the rate allowed by the
federal government for travel to that locality] equal to the
internal revenue service per diem rate for the destination or
the closest point of lodging to the destination point for the
month and year in which the travel or lodging occurs.
Expenses shall be substantiated in accordance with rules
promulgated by the governing board. The governing board may
promulgate rules defining what constitutes out-of-state travel
for purposes of the Per Diem and Mileage Act.
D. Every public officer or employee shall receive
[twenty-five cents ($.25) a mile] the internal revenue
standard mileage rate for each mile traveled in a privately
owned vehicle or forty cents ($.40) a mile for each mile
traveled in a privately owned airplane if the travel is
necessary to the discharge of his 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. 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. In addition to the in-state per diem set forth
in this section, the department of finance and administration,
by regulation, may authorize a flat subsistence rate in the
amount set by the legislature in the general [appropriations]
appropriation act for commissioned officers of the New Mexico
state police in accordance with rules and regulations
promulgated by the department of finance and administration.
G. In lieu of the in-state per diem set in Subsection B of this section, the department of finance and administration may, by regulation, authorize a flat monthly subsistence rate for certain employees of the state highway and transportation department, provided that the payments made under this subsection shall not exceed the maximum amount that would be paid under Subsection B of this section.
H. 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 regulations 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 public official of a municipality for attendance at board or committee meetings held within the boundaries of the municipality.
J. 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. 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, salaried public officer of a state agency or local public body or salaried employee of a state agency or local public body is entitled to per diem expenses under this subsection and shall receive:
(1) reimbursement for actual expenses for lodging; and
(2) reimbursement for actual expenses for
meals not to exceed [twenty-two dollars fifty cents ($22.50)]
forty dollars ($40.00) per day.
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 educational institution is entitled to per diem expenses under this subsection and shall receive:
(1) reimbursement for actual expenses for lodging; and
(2) reimbursement for actual expenses for
meals not to exceed [twenty-two dollars fifty cents ($22.50)]
forty dollars ($40.00) per day."