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CHAPTER 3-9

TRAVEL EXPENSES AND ALLOWANCES

3-9-1      Mileage rate for automobile allowances.
3-9-2      Meals and lodging expense allowance while away from residence or headquarters--Maximum--Per diem allowance--Actual costs--Hardship exemption.
3-9-2.1      Meals and lodging actual cost reimbursement regardless of whether away from residence or headquarters .
3-9-2.2      Meal expense reimbursement per diem regardless of whether away from residence or headquarters.
3-9-2.3      Promulgation of rules regarding allowances for lodging, meals, and per diem.
3-9-3      Trip insurance on flights.
3-9-4      Consent of responsible officer or department required for out-of-state travel.
3-9-5      Authorization of out-of-state travel by members and officers of Legislature.
3-9-5.1      Authorization of out-of-state travel by officers and employees of Department of Legislative Audit and Legislative Research Council.
3-9-5.2      Authorization of out-of-state travel by employees delegated by Board of Regents.
3-9-6      Delegation to responsible officers of power to authorize out-of-state travel--Federal regulations applicable.
3-9-7      Expenses for political meetings not reimbursable--Rules for receipt of expenses for attending fairs and other public meetings.
3-9-8      Accounting for reimbursable expenses--When receipts required.
3-9-9      Household moving allowance--Persons entitled.
3-9-10      Voucher and supporting document for household moving allowance.
3-9-11      Promulgation of rules regarding travel and moving expenses--Prior approval required.
3-9-12      State policy on reimbursement of travel and moving expenses in recruitment of professional staff--Maximum reimbursement.
3-9-13      Travel advances authorized.
3-9-14      Advances from appropriated funds--Limitation.
3-9-15      Itemized statement of expenses--Repayment of excess--Crediting of repayments.
3-9-16      Immediate accounting on termination of state employment.
3-9-17      Withholding from payments to employee not accounting for travel advance.
3-9-18      Rules governing travel advances.
3-9-19      Bank cards for employees--Annual fees--Rules.


     3-9-1.   Mileage rate for vehicle allowances. On or before the first of July each year, the State Board of Finance may promulgate rules, pursuant to chapter 1-26, to fix a rate per mile which shall be paid to those operating privately owned automobiles and vehicles on state business. Any person using a privately owned automobile or motorcycle shall be reimbursed at the same rate per mile. However, if no state vehicle is equipped for the transportation of a person with special needs, a different rate per mile may be established. The rate may be changed during a fiscal year with the prior approval of the Legislative Interim Appropriations Committee. The state auditor shall issue warrants covering vehicle expenses at the rate specified by the State Board of Finance upon the sworn statement of the party using the vehicle.

Source: SL 1920 (SS), ch 85, § 2; SL 1925, ch 115; SL 1931, ch 241; SL 1933, ch 179; SDC 1939, § 55.2704; SL 1949, ch 219; SL 1955, ch 247; SL 1968, ch 203; SL 1974, ch 32, § 1; SL 2004, ch 34, § 1; SL 2017, ch 26, § 1.


     3-9-2.   Meals and lodging expense allowance while away from residence or headquarters--Maximum--Per diem allowance--Actual costs--Hardship exemption. The State Board of Finance may fix the maximum amount which may be allowed per day or fraction of a day as reimbursement for expenses for meals and lodging necessarily incurred by state officers and employees in the performance of their duties while away from their places of residence or headquarters station, and change the maximum allowance as the board deems just and proper under existing conditions. The State Board of Finance may authorize reimbursement on a per diem basis, in lieu of the method described in this section or any other method provided by law, and fix the amount per day or fraction of a day which may be allowed, and may change the amount as the board deems just and proper under existing conditions. The chair of a commission or council created by chapters 38-10, 38-27, 38-29, and 38-32 may authorize an employee to be reimbursed for actual costs of lodging and meals, excluding alcoholic beverage as defined in subdivision 35-1-1(1) if:
             (1)      The lodging and meals are in furtherance of the state's interests, concerns, and activities;
             (2)      The activities for which the lodging and meals are required fall within the scope of the commission's or council's responsibilities; and
             (3)      The employee is performing official duties related to trade servicing or promotional activities.
     The authorization shall be made on a form prescribed by the Governor and supported by receipts and shall accompany the claim filed pursuant to § 3-9-8. The provisions of this section, §§ 3-9-2.1 and 3-9-2.2, and the amounts fixed by the State Board of Finance shall prevail notwithstanding the provisions of other statutes, such as provision that a state officer or employee shall be paid or reimbursed for his actual and necessary traveling expenses.
     Upon the written request of a department or office head, the State Board of Finance may, through a majority vote of its membership, grant relief from the per diem allowances for any officer or employee who would otherwise suffer hardship from the board's rules while furthering the state's interests, concerns, and activities.

Source: SL 1949, ch 258, §§ 1 to 3; SDC Supp 1960, § 55.2001-1; SL 1999, ch 13, § 1; SL 2015, ch 24, § 1.


     3-9-2.1.   Meals and lodging actual cost reimbursement regardless of whether away from residence or headquarters. The State Board of Finance may authorize reimbursement of the actual costs of lodging and meals, excluding any alcoholic beverage as defined in subdivision 35-1-1(1), but including a gratuity incurred by a state officer or employee in the performance of his or her duties, regardless of whether the officer or employee is away from his or her place of residence or headquarters station, if:
             (1)      The lodging and meals are in furtherance of the state's interests, concerns, and activities;
             (2)      The activity for which the lodging and meal is required is related specifically to hosting a prospect for any business development, trade, or tourism promotional activity; and
             (3)      The officer or employee is performing an official duty at the direction of the head of the officer's or employee's department or office, which approval is certified in writing by the department or office head, or by the Governor.
     The authorization shall be made on a form prescribed by the Governor and supported by receipts and the certification of the department or office head and shall accompany the claim filed pursuant to § 3-9-8.
     The reimbursement for a gratuity authorized by this section may either be a voluntary service gratuity, not to exceed eighteen percent, or a mandatory service gratuity added to the bill by the establishment, not to exceed twenty percent.

Source: SL 2015, ch 24, § 2.


     3-9-2.2.   Meal expense reimbursement per diem regardless of whether away from residence or headquarters. The State Board of Finance may authorize reimbursement of per diem to any state officer or employee conducting state business at an event extending entirely through a meal time without interruption, regardless of whether the officer or employee is away from his or her place of residence or headquarters station. The reimbursement may be authorized only if the officer's or employee's participation in the event is approved by the head of the officer's or employee's department or office, and if the event includes provision of a meal for which the officer or employee is billed and the meal is approved in writing by the department or office head, or by the Governor.
     The authorization shall be made on a form prescribed by the Governor. A certification of the approval of the department or office head shall accompany the claim filed pursuant to § 3-9-8.

Source: SL 2015, ch 24, § 3.


     3-9-2.3.   Promulgation of rules regarding allowances for lodging, meals, and per diem. The State Board of Finance may promulgate rules, pursuant to chapter 1-26, to establish amounts that may be allowed for lodging, meals, and per diem pursuant to the provisions of §§ 3-9-2, 3-9-2.1, and 3-9-2.2.

Source: SL 2017, ch 26, § 2.


     3-9-3.   Trip insurance on flights. Any division of state government may participate in the cost of insurance for any full- or part-time employee when they are performing duties while using aircraft as a means of travel.

Source: SL 1957, ch 318; SDC Supp 1960, § 55.2705.


     3-9-4.   Consent of responsible officer or department required for out-of-state travel. No state officer or employee shall incur any expense payable out of any appropriated funds or other agency funds for travel or other personal expense, including meals, lodging, transportation, or other miscellaneous expenses, except on official state business. Whenever any state officer or state employee, other than the Governor, has official business requiring travel outside the boundaries of this state, the provisions of §§ 3-9-5 to 3-9-6, inclusive, shall be adhered to.

Source: SL 1913, ch 330; RC 1919, § 7059; SDC 1939, § 48.0604; SL 1961, ch 259; SL 1964, ch 150; SL 1968, ch 194.


     3-9-5.   Authorization of out-of-state travel by members and officers of Legislature. Members of the Legislature, and officers of the Legislature who are not members may incur traveling and personal expenditures outside the boundaries of this state by and with the consent of the speaker of the House of Representatives and the president pro tempore of the Senate when the Legislature is in session, and, when the Legislature is not in session, by and with the written consent of the Executive Board of the State Legislative Research Council.

Source: SDC 1939, § 48.0604 (1) as added by SL 1964, ch 150; SL 1968, ch 194.


     3-9-5.1.   Authorization of out-of-state travel by officers and employees of Department of Legislative Audit and Legislative Research Council. Officers and employees of the Department of Legislative Audit and the State Legislative Research Council may incur traveling and personal expenditures outside the boundaries of this state by and with the written consent of the chairman of the Executive Board of the State Legislative Research Council.

Source: SDC 1939, § 48.0604 (2) as enacted by SL 1968, ch 194.


     3-9-5.2.   Authorization of out-of-state travel by employees delegated by Board of Regents. The Board of Regents, under policy and procedures developed for such purpose, shall delegate to its executive director and to the head of each institution or other responsible officer, the authority to grant written consent to employees of each institution to incur traveling and personal expenditures for travel outside the boundaries of this state.

Source: SDC 1939, § 48.0604 (2) as added by SL 1964, ch 150; SDCL, § 3-9-6; SDC 1939, § 48.0604 (3) as enacted by SL 1968, ch 194; SL 1970, ch 23, § 1; SL 1985, ch 23.


     3-9-6.   Delegation to responsible officers of power to authorize out-of-state travel--Federal regulations applicable. The Governor may delegate to each responsible officer of any other department, agency, or institution authority to grant written consent for official travel outside this state. The Governor, in his discretion, may establish such general guidelines for travel outside the state as he deems appropriate. For each outside-the-state expenditure there shall be a record signed by the appropriate responsible officer authorizing the same. State agencies are permitted to follow federal regulations for payment of travel and other allowances to state employees, dependents of state employees, or to foreign nationals where the travel and other allowances are funded entirely by federal or private grants in support of international programs.

Source: SDC 1939, § 48.0604 (4) as enacted by SL 1968, ch 194; SL 1979, ch 24.


     3-9-7.   Expenses for political meetings not reimbursable--Rules for receipt of expenses for attending fairs and other public meetings. No state officer or employee who attends a political meeting, the state fair, the inaugural, or other public meeting of like character, shall be entitled to be reimbursed from state funds for travel expenses to such meetings unless the officer's or employee's duties necessarily require that he be present at the meeting.
     The Board of Finance shall promulgate rules pursuant to chapter 1-26 to specify the eligibility of state officers and employees to attend the meetings referred to in this section, except that no state officer or employee shall be paid travel for attendance at any political meeting.

Source: SL 1913, ch 358; RC 1919, § 5351; SDC 1939, § 55.1303; SL 1976, ch 38, §§ 1, 2.


     3-9-8.   Accounting for reimbursable expenses--When receipts required. No warrant shall be issued by the state auditor for the payment of any expense or expenses paid out by any department officer or employee of the state, until such department officer or employee shall have presented to the state auditor an itemized statement and account of such expenses duly verified under oath as to the authenticity of such expenses. Such claims shall be filed in the Office of the State Auditor, together with receipt or receipts from the person or persons to whom such payments shall have been made; provided, however, that receipts shall be required only upon a rule passed by the state auditor pursuant to chapter 1-26.

Source: SL 1899, ch 135, § 1; RPolC 1903, § 76; SL 1909, ch 189; SL 1917, ch 281, § 55; SL 1917, ch 366; RC 1919, § 5345; SDC 1939, § 55.1302; SL 1951, ch 263; SL 1970, ch 24; SL 1975, ch 10, § 2.


     3-9-9.   Household moving allowance--Persons entitled. The provisions of any other statutes notwithstanding, all full-time officers and employees, except elected constitutional officers of the State of South Dakota may receive a household moving allowance as provided by this section.
     If a full-time officer or employee has been continuously employed by the state for a period of not less than six months and is ordered by the department, institution, board, commission, or other state agency to move from a headquarter duty station in South Dakota to another headquarter duty station in South Dakota, and if such transfer is made at the request and for the benefit of the State of South Dakota, the officer or employee shall be reimbursed for household moving expenses incurred, as approved by the Board of Finance.

Source: SL 1963, ch 292; SL 1968, ch 195, § 1; SL 1972, ch 20; SL 1976, ch 35; SL 1979, ch 25; SL 1981, ch 21; SL 1984, ch 30, § 83.


     3-9-10.   Voucher and supporting document for household moving allowance. Each officer or employee entitled to reimbursement under § 3-9-9 shall submit a claim voucher supported with evidence of actual household moving expenses and a copy of the official action of the department, institution, board, commission, or other state agency authorizing the move and showing a justifiable need for such moving.

Source: SL 1963, ch 292.


     3-9-11.   Promulgation of rules regarding travel and moving expenses--Prior approval required. The State Board of Finance shall promulgate rules pursuant to chapter 1-26 necessary to implement the provisions of §§ 3-9-9, 3-9-10, and 3-9-12. The State Board of Finance shall require that a request for a moving allowance, including reimbursement of travel expenses, be submitted to the board for approval or disapproval before a moving allowance is authorized. The board shall designate what classification of officers and employees may or may not be authorized for the moving allowance.

Source: SL 1963, ch 292; SL 1975, ch 36; SL 2012, ch 25, § 1.


     3-9-12.   State policy on reimbursement of travel and moving expenses in recruitment of professional staff--Maximum reimbursement. For the purpose of assisting in the recruitment of professional staff, it is the policy of the State of South Dakota that such persons may be reimbursed for travel and moving expenses. The travel expenses may include the expenses of the person being recruited and the immediate family who are members of the household. The moving expense may include household goods only to the assigned headquarter duty station in South Dakota from the individual's residence in the same manner and amount as established in § 3-9-9 for transfer of state employees. However, in no event may the reimbursement be in excess of one month's salary.

Source: SL 1963, ch 292 as added by SL 1968, ch 195, § 2; SL 1977, ch 27; SL 2012, ch 25, § 2.


     3-9-13.   Travel advances authorized. All budget units of the state are authorized to advance moneys to their officers and employees for authorized travel expenses.

Source: SL 1974, ch 45, § 1.


     3-9-14.   Advances from appropriated funds--Limitation. Such advances shall be made from appropriated funds of the budget units in the manner provided for under the rules and regulations promulgated pursuant to § 3-9-18. No advance shall exceed an amount set forth and under the conditions specified in the rules and regulations promulgated pursuant to § 3-9-18.

Source: SL 1974, ch 45, § 2; SL 1975, ch 37, § 1.


     3-9-15.   Itemized statement of expenses--Repayment of excess--Crediting of repayments. Each person receiving a travel advance shall submit an itemized statement meeting the requirements of §§ 3-9-8, 4-9-4, and the rules promulgated pursuant to § 3-9-18. If the advance exceeds the actual expenses, the difference shall be repaid as set forth and under the conditions specified in the rules and regulations promulgated pursuant to § 3-9-18. All amounts repaid pursuant to this section shall be credited back to the budget units' appropriated funds. However, general fund advances, or any portion thereof, which transcend a fiscal year revert to the general fund and become an obligation of the following fiscal year's appropriations.

Source: SL 1974, ch 45, § 3; SL 1975, ch 37, § 2; SL 1984, ch 30, § 81.


     3-9-16.   Immediate accounting on termination of state employment. If a person's position with the state is terminated the repayment or statement required by § 3-9-15 shall become due immediately.

Source: SL 1974, ch 45, § 4.


     3-9-17.   Withholding from payments to employee not accounting for travel advance. The state auditor or the business manager of a state institution not on central payroll is authorized to withhold an amount not to exceed the total amount of travel expense advanced from any moneys due a person who fails to comply with § 3-9-15 or § 3-9-16.

Source: SL 1974, ch 45, § 5; SL 1975, ch 37, § 3.


     3-9-18.   Rules governing travel advances. The commissioner of the Bureau of Finance and Management is authorized to pass rules in compliance with chapter 1-26 to effectuate §§ 3-9-13 to 3-9-17, inclusive.

Source: SL 1974, ch 45, § 6.


     3-9-19.   Bank cards for employees--Annual fees--Rules. Any budget unit of the state may recommend that an employee be issued a bank card. If the employee is issued a bank card by an issuing authority, the budget unit recommending the issuance shall be responsible for any annual fee for the bank card. No bank card may be issued unless the issuing authority has contracted with the state to minimize any state liability for nonpayment of charges on such bank cards. The Bureau of Finance and Management shall promulgate rules, pursuant to chapter 1-26, for recommendation for issuance, use and termination of bank cards.

Source: SL 1990, ch 33.


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