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H.B. 45 Enrolled

             1     

PER DIEM AND TRAVEL EXPENSES FOR

             2     
STATE BOARDS AND COMMISSIONS

             3     
2009 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Douglas C. Aagard

             6     
Senate Sponsor: Peter C. Knudson

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies the Administrative Services Code by amending provisions related to
             11      the establishment of per diem and travel expenses for a member of a board,
             12      commission, council, or committee in the executive branch of state government.
             13      Highlighted Provisions:
             14          This bill:
             15          .    defines terms;
             16          .    modifies procedures for the establishment of per diem rates by the Division of
             17      Finance for a member of a state board, commission, council, or committee in the
             18      executive branch of state government;
             19          .    amends the exemption for higher education employees to apply only if higher
             20      education is paying the per diem or travel expenses;
             21          .    allows other governmental entities to adopt the established rates by reference;
             22          .    provides that a member who is a government employee that is being paid as an
             23      officer or employee while performing the member's service may not receive
             24      additional per diem or travel expenses;
             25          .    allows a member of the board or commission to decline to receive per diem;
             26          .    modifies procedures for the establishment of travel expenses by the Division of
             27      Finance for a member of a board, commission, council, or committee in the
             28      executive branch of state government;
             29          .    allows a member of the board or commission to decline to receive travel expenses;


             30      and
             31          .    makes technical changes.
             32      Monies Appropriated in this Bill:
             33          None
             34      Other Special Clauses:
             35          None
             36      Utah Code Sections Affected:
             37      AMENDS:
             38          63A-3-106, as renumbered and amended by Laws of Utah 1993, Chapter 212
             39          63A-3-107, as renumbered and amended by Laws of Utah 1993, Chapter 212
             40     
             41      Be it enacted by the Legislature of the state of Utah:
             42          Section 1. Section 63A-3-106 is amended to read:
             43           63A-3-106. Per diem rates for state officers and employees.
             44          [Subject] (1) As used in this section and Section 63A-3-107 :
             45          (a) "Board" means a board, commission, council, committee, task force, or similar
             46      body established to perform a governmental function.
             47          (b) "Executive branch" means all departments, divisions, agencies, boards, and offices
             48      within the executive branch of state government.
             49          (c) "Governmental entity" has the same meaning as provided under Section
             50      63G-2-103 .
             51          (d) "Higher education" means a state institution of higher education, as defined under
             52      Section 53B-1-102 .
             53          (e) "Officer" means a member of a board or a person who is elected or appointed to an
             54      office or position within a governmental entity.
             55          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
             56      and subject to approval by the executive director, the director of the Division of Finance shall
             57      [establish] make rules establishing per diem rates [for all state officers and employees of the


             58      executive branch, except officers and employees of higher education, to meet subsistence
             59      expenses for attendance at official meetings.] to defray subsistence costs for attendance at an
             60      official meeting of a board of which the officer or employee is a member.
             61          (3) Unless otherwise provided by statute, a per diem rate established under Subsection
             62      (2):
             63          (a) is applicable to an officer or employee of the executive branch, except as provided
             64      under Subsection (3)(b);
             65          (b) is applicable to an officer or employee of higher education, unless higher education
             66      pays the costs of the per diem; and
             67          (c) may be applicable to an officer or employee of a government entity that is not
             68      included under Subsection (3)(a), if the government entity adopts the per diem rates by
             69      reference to:
             70          (i) this section; or
             71          (ii) the rule establishing the per diem rates.
             72          (4) (a) Unless otherwise provided by statute, a member of a board may receive per
             73      diem under this section and travel expenses under Section 63A-3-107 when the per diem and
             74      travel expenses are incurred by the member for attendance at an official meeting of a board.
             75          (b) Notwithstanding the provisions of Subsection (4)(a), a member may not receive
             76      per diem or travel expenses under this Subsection (4) if the member is being paid as an officer
             77      or employee of a governmental entity while performing the member's service on the board.
             78          (5) A member of a board may decline to receive per diem for the member's service.
             79          Section 2. Section 63A-3-107 is amended to read:
             80           63A-3-107. Travel expenses of executive branch officers and employees.
             81          (1) [Subject] In accordance with Title 63G, Chapter 3, Utah Administrative
             82      Rulemaking Act, and subject to approval by the executive director, the director of the Division
             83      of Finance shall [adopt] make rules governing in-state and out-of-state [travel and] travel
             84      expenses [of all state officers and employees of the executive branch, except officers and
             85      employees of higher education].


             86          [(2) The travel expense rules shall be based upon:]
             87          [(a) per diem rates of payment for subsistence expenses, subject to modification, when
             88      justified, to meet special circumstances encountered in official attendance at conferences,
             89      conventions, and other official meetings;]
             90          (2) Unless otherwise provided by statute, a travel expense rule established under
             91      Subsection (1):
             92          (a) is applicable to an officer or employee of the executive branch, except as provided
             93      under Subsection (2)(b);
             94          (b) is applicable to an officer or employee of higher education, unless higher education
             95      pays the costs of the travel expenses; and
             96          (c) may be applicable to a government entity that is not included under Subsection
             97      (2)(a), if the government entity adopts the travel expense provisions by reference to:
             98          (i) this section; or
             99          (ii) the rule establishing the travel expense provisions.
             100          (3) The Division of Finance shall make the travel expense rules on the basis of:
             101          [(b)] (a) a mileage allowance; and
             102          [(c)] (b) reimbursement for other travel expenses incurred.
             103          (4) The travel expense rules may allow modification, when justified, to meet special
             104      circumstances encountered in official attendance at a conference, convention, meeting, or
             105      other official business.
             106          [(3)] (5) (a) [Officers and employees] An officer or employee of the executive branch[,
             107      except officers or employees of higher education] may not incur obligations for travel outside
             108      Utah without the advance approval of the director of the Division of Finance.
             109          (b) The director of the Division of Finance may delegate the authority to approve
             110      travel outside the state to [the directors of the state departments and agencies] an executive
             111      director or a designee of the executive director of a state department or agency.
             112          (c) [This] The approval under Subsection (5)(a) or (b), shall include a certification as
             113      to the availability of funds.


             114          (6) A member of a board may decline to receive travel expenses for the member's
             115      service.


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