House Bill No. 74

Introduced By masolo

By Request of the Department of Administration



A Bill for an Act entitled: "An Act revising state travel reimbursement provisions affecting lodging, meals, and mileage; establishing a maximum for lodging and meals; providing for exceptions; allowing the department of administration to prescribe policies instead of rules; amending sections 2-18-501, 2-18-502, and 2-18-503, MCA; and providing an effective date."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 2-18-501, MCA, is amended to read:

"2-18-501.   Meals, lodging, and transportation of persons in state service. Every All elected official state officials, appointed members of boards, commissions, or councils, department directors, and all other state employees shall must be reimbursed for meals and lodging while away from the person's designated headquarters and engaged in official state business in accordance with the following provisions:

(1) For Except as provided under subsection (2) (3), for travel within the state of Montana, United States STATE OF MONTANA, the following provisions apply:

(a)  The governor shall be authorized actual and necessary expenses not to exceed $55 per day.

(b)  All other elected state officials, appointed members of boards, commissions, or councils, department directors, and all other state employees shall be authorized the actual cost of lodging, not exceeding $30 per day, and taxes on the allowable cost of lodging, except as provided in subsection (3), plus $3.50 for the morning meal, $4 for the midday meal, and $8 for the evening meal Lodging must be reimbursed at actual cost, not to exceed 75% OF the prescribed maximum standard federal lodging rate per day for the location involved PLUS TAXES ON THE ALLOWABLE COST. All claims for lodging expense reimbursement allowed under this section must be documented by an appropriate receipt.

(b) Meal reimbursement may not exceed 75% OF the prescribed maximum standard federal rate per meal.

(2)  For travel out of the state of Montana, the following provisions apply:

(a)  The governor shall be authorized the actual cost of lodging in addition to a meal allowance not to exceed $30 per day. EXCEPT AS PROVIDED IN SUBSECTION (3), FOR TRAVEL OUTSIDE THE STATE OF MONTANA AND WITHIN THE UNITED STATES, THE FOLLOWING PROVISIONS APPLY:

(A) LODGING MUST BE REIMBURSED AT ACTUAL COST, NOT TO EXCEED THE PRESCRIBED MAXIMUM STANDARD FEDERAL RATE PER DAY FOR THE LOCATION INVOLVED PLUS TAXES ON THE ALLOWABLE COST.

(B) MEAL REIMBURSEMENT MAY NOT EXCEED THE PRESCRIBED MAXIMUM STANDARD FEDERAL RATE PER MEAL.

(b)  All (3) The department shall designate the locations and circumstances under which the governor, other elected state officials, appointed members of boards, commissions, or councils, department directors, and all other state employees shall may be authorized the actual cost of lodging when the actual cost exceeds the maximum established in subsection (1)(a) OR (2)(A) , not exceeding $50 per day, except as provided in subsection (3), plus $5 for the morning meal, $6.50 for the midday meal, and $12 for the evening meal. All claims for the lodging expense reimbursement allowed under this subsection must be documented by an appropriate receipt.

(3)  All other elected state officials, appointed members of boards, commissions, or councils, department directors, and all other state employees shall be authorized the actual cost of lodging when traveling in the normal course of their duties to certain designated areas. The department of administration shall designate those areas where the actual cost of lodging shall be reimbursed.

(4)(3)(4) For travel to a foreign country, the following provisions apply:

(a)  All elected state officials, appointed members of boards, commissions, councils, department directors, and all other state employees must be reimbursed for the cost of meals and lodging within the rates established by the department of administration when traveling in the normal course of their duties to designated areas. The department shall use the United States department of state maximum travel per diem allowances for foreign areas in establishing the rates.

(b)  All claims for meals and lodging reimbursement allowed under this subsection (4) (3) (4) must be documented by an appropriate receipt.

(5)(4)(5)  When other than commercial, nonreceiptable lodging facilities are utilized used by a state official or employee while conducting official state business in a travel status, the amount of $12 will be is authorized for lodging expenses for each day in which travel involves an overnight stay in lieu of the amount authorized in subsection (1)(b) or (2)(b) (1)(a) OR (2)(A) above. However, when overnight accommodations are provided at the expense of any a government entity, no reimbursement may not be claimed for lodging.

(6)(5)(6)  The actual cost of reasonable transportation expenses and other necessary business expenses incurred by a state official or employee while in an official travel status shall be is subject to reimbursement.

(7)(6)(7)  The provisions of this section shall may not be construed as affecting the validity of 5-2-301.

(8)(7)(8)  The department of administration shall prescribe rules establish policies necessary to effectively administer this section for state government.

(9)(8)(9)  All commercial air travel shall must be by the least expensive class service available."



Section 2.  Section 2-18-502, MCA, is amended to read:

"2-18-502.   Computation of meal allowance. (1) Except as provided in subsection (3) subsections (2) and (4), to be an employee is eligible for the meal allowance provided in 2-18-501, an only if the employee must have been is in a travel status for more than 3 continuous hours. If eligible, an employee receives during the following hours:

(a)  for the morning meal allowance, if in a travel status between the hours of 12:01 a.m. and 10 a.m.;

(b)  for the midday meal allowance, if in a travel status between the hours of 10:01 a.m. and 3 p.m.; and

(c)  for the evening meal allowance, if in a travel status between the hours of 3:01 p.m. and 12 midnight;.

(d)(2) An eligible employee may receive:

(a)  only one of the three meal allowances provided, if the travel was performed within the employee's assigned travel shift; or

(e)(b)  a maximum of two meal allowances if the travel begins before or was completed after the employee's assigned travel shift and the travel did not exceed 24 hours.

(2)(3)  "Travel shift" is that period of time beginning 1 hour before and terminating 1 hour after the employee's normally assigned work shift.

(3)(4)  An appointed member of a state board, commission, or council or a member of a legislative subcommittee or select or interim committee is entitled to a midday meal allowance on a day he the individual is attending a meeting of the board, commission, council, or committee, regardless of proximity of the meeting place to his the individual's residence or headquarters. This subsection does not apply to a member of a legislative committee during a legislative session.

(4)(5)  The department of administration shall prescribe rules policies necessary to effectively administer this section for state government."



Section 3.  Section 2-18-503, MCA, is amended to read:

"2-18-503.   Mileage -- allowance. (1) Members of the legislature, state officers and employees, jurors, witnesses, county agents, and all other persons who may be entitled to mileage paid from public funds, when using their own automobiles in the performance of official duties, are entitled to collect mileage for the distance actually traveled by automobile and no more unless otherwise specifically provided by law.

(2)  When the individual is authorized to operate a privately owned vehicle even though a government-owned or leased vehicle is available, a rate of 3 cents less per mile than the mileage rate allowed by the United States internal revenue service for the preceding year shall must be paid.

(3)  When a privately owned vehicle is used because a government-owned or leased vehicle is not available or because such the use is in the best interest of the governmental entity, a rate equal to the mileage allotment allowed by the United States internal revenue service for the preceding year shall must be paid for the first 1,000 miles and 3 cents less per mile less for all additional miles thereafter traveled within a given calendar month.

(4)  Members of the legislature, state officers and employees, jurors, witnesses, county agents, and all other persons who may be entitled to mileage paid from public funds, when using their own airplanes in the performance of official duties, are entitled to collect mileage for the nautical air miles actually traveled at a rate of twice the mileage allotment for automobile travel and no more unless specifically provided by law.

(5)  This section does not alter 5-2-301.

(6)  The department of administration shall prescribe rules policies necessary for the effective administration of this section for state government. The Montana Administrative Procedure Act, Title 2, chapter 4, does not apply to policies prescribed to administer this part."



NEW SECTION. Section 4.  Effective date. [This act] is effective July 1, 1997.

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