Session Law

Identifying Information:L. 2001 ch. 109
Other Identifying Information:2001 House Bill 2551
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001