HOUSE BILL No. 2551
mileage and travel subsistence; amending K.S.A. 75-3201, 75-3203, 75-3203a, 75-3207
and 75-3207a and repealing the existing sections.
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
(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
(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
(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
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
(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-
(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, 2000.
Date Composed: 09/25/2001 Date Modified: 09/25/2001