46th legislature - STATE OF NEW MEXICO - first session, 2003
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 [seventy-five dollars ($75.00)]
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 [sixty-five dollars ($65.00)]
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
[sixty-five dollars ($65.00] 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 [such] the municipality not to exceed
[seventy-five dollars ($75.00)] one hundred thirty-five dollars
($135); or
(2) up to [sixty-five dollars ($65.00)]
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 [sixty-five dollars ($65.00)] 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 [such]
the municipality not to exceed [seventy-five dollars ($75.00)]
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 [seventy-five dollars
($75.00)] 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 [seventy-five dollars ($75.00)] 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 [ninety-five
dollars ($95.00)] two hundred fifteen dollars ($215) for out-of-state travel to [such] 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, [persons] 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 [L] K of this section
or actual expenses not to exceed [ninety-five dollars ($95.00)]
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 [seventy-five dollars ($75.00)] 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 [seventy-five dollars ($75.00)] 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 [ninety-five dollars ($95.00)] two hundred
fifteen dollars ($215) for out-of-state travel to [such] that
geographical area; provided that the governing board may
authorize per diem for travel to a locality inside or outside
the continental United States for a public officer or employee
who is reimbursed solely from federal funds in accordance with
the rate allowed by the federal government for travel to that
locality. Expenses shall be substantiated in accordance with
rules promulgated by the governing board. The governing board
may promulgate rules defining what constitutes out-of-state
travel for purposes of the Per Diem and Mileage Act.
D. Every public officer or employee shall receive
[twenty-five cents ($.25)] thirty-two cents ($.32) a mile for
each mile traveled in a privately owned vehicle or [forty cents
($.40)] 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 [regulation] rule, 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] 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 [regulations] 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 [twenty-two dollars fifty cents ($22.50)
per day] 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 [twenty-two dollars fifty cents ($22.50)
per day] 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 [fifteen dollars ($15.00) per diem while engaged
in the performance of his official duties for the commission.
Members shall also receive reimbursement for travel expenses at
the rate of eight cents ($.08) a mile for attending meetings or
traveling in connection with their duties] 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.