3-9-2. Meals and lodging allowance--Maximum--Publication--Actual costs--Form--Hardship exemption.
The State Board of Finance may fix the maximum amount that may be allowed per day or fraction of a day as reimbursement for meal and lodging expenses 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 that may be allowed, and may change the amount as the board deems just and proper under existing conditions.
The maximum amount allowed as reimbursement for the actual cost of in-state lodging incurred by state officers and employees in the performance of their duties while away from their places of residence or headquarters station is seventy-five dollars per night, plus taxes and mandatory fees, or the rate established by the United States General Services Administration for the primary destination as of October first each year, plus taxes and mandatory fees, whichever is greater. The Bureau of Finance and Management shall publish in writing the maximum reimbursement rate for in-state lodging to be effective as of October first each year.
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 § 35-1-1 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 must be made on a form prescribed by the Governor and supported by receipts and must 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 prevail notwithstanding the provisions of other statutes.
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 limitations of this section or 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; SL 2024, ch 20, § 4.
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. Home station meal expense reimbursement regardless of whether away from residence or headquarters.
The State Board of Finance may authorize a meal expense reimbursement at the per diem rate to any agency, state officer, or employee conducting state business at an event extending entirely through a meal time without interruption, regardless of whether the attending officer or employee is away from his or her place of residence or headquarters station. The reimbursement request may be made by an agency representative, state officer, or employee only if the attending 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 agency, officer, or employee is billed.
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; SL 2023, ch 13, § 1.
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.