AN ACT
RELATING TO REIMBURSEMENT FOR PER DIEM
AND MILEAGE EXPENSES; INCREASING RATES; PROVIDING FOR THE REIMBURSEMENT OF
MEMBERS OF THE STATE FAIR COMMISSION PURSUANT TO THE PER DIEM AND MILEAGE ACT.
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 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 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 eighty-five dollars ($85.00) per diem
expenses 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 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 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 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. 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 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 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 ($215) for out‑of-state
travel to that geographical area; provided that the governing board may
authorize per diem for travel to a locality inside or outside the continental
United States for a public officer or employee who is reimbursed solely from
federal funds in accordance with the rate allowed by the federal government for
travel to that locality. Expenses shall
be substantiated in accordance with rules promulgated by the governing
board. The governing board may
promulgate rules defining what constitutes out-of-state travel for purposes of
the Per Diem and Mileage Act.
D. Every public officer or employee shall
receive thirty-two cents ($.32) a mile
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 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 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. In lieu of the in-state per diem set in
Subsection B of this section, the department of finance and administration may,
by rule, 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 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 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, 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 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. 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 thirty dollars ($30.00) per day for in‑state travel and
forty-five dollars ($45.00) per day for out-of-state travel."
Section 2. Section 16-6-10 NMSA 1978 (being Laws 1961,
Chapter 110, Section 1) is amended to read:
"16-6-10. FAIR COMMISSION--EXPENSES.--Members of the
state fair commission shall receive no salary, but each member shall receive
per diem and mileage pursuant to the Per Diem and Mileage Act."
Section 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB 220
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