No. 31320 (Amendment): R25-7. Travel-Related Reimbursements for State Employees

DAR File No.: 31320
Filed: 04/29/2008, 04:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is amended to: 1) increase per diem rates for meals because of increased consumer prices; 2) increase the base lodging rate and the rates of premium cities based on market conditions; 3) modify the list of premium cities; 4) change the reimbursement rate for private vehicles to match federal reimbursement rates; 5) increase the reimbursement rate for employees traveling by private plane; and 6) increase the reimbursement rate for employees traveling by motorcycle.

Summary of the rule or change:

The rule is being revised as the result of a division review of current reimbursement rates and practices. The review showed the following: 1) because the Division of Finance adopts the federal mileage rates as the state reimbursement rate for a private vehicle, if a fleet vehicle is not available to the employee, Finance needs to increase the state mileage reimbursement rate. The federal government changed its rate in October 2007; therefore, the Division of Finance is changing the state rate to comply effective 07/01/2008; 2) because the costs of operating a private vehicle have increased, the Division of Finance is increasing the reimbursement rate for an employee who is approved to drive a private vehicle when a state fleet vehicle is unavailable; 3) because the current standard lodging maximum reimbursement rate is no longer sufficient, the Division of Finance has increased both the base lodging per diem rate and the lodging rates for per diem cities. Rates for the following cities were increased: Layton from $65 to $70; Logan from $70 to $75; Moab from $70 to $80; Ogden from $65 to $70; Panguitch from $65 to $70; Park City from $80 to $90; Heber City/Midway from $80 to $90; Provo/Orem from $65 to $75; Metropolitan Salt Lake City (Draper to Centerville, Tooele) from $80 to $90 and Vernal/Roosevelt from $75 to $90. Altamont, Boulder, Bryce, Green River, Kanab, Mexican Hat, Washington, and Springdale were added to the list of premium cities with a reimbursement rate of $70 and Springville and Lehi were added to the list with a reimbursement rate of $75; Cedar City was removed from the list of premium cities; 4) meal allowances have been raised to adjust to higher consumer prices. The following rates will now apply: in-state meal allowance for breakfast will increase from $8 to $9 for a total of $36 total allowable daily meal reimbursement. The out-of-state meal allowance for lunch will increase from $13 to $14; the dinner allowance will increase from $20 to $21 for a total daily meal allowance increase from $43 to $45. The total meal allowance in premium cities will increase from $57 to $59; and 5) all meal allowances for non-overnight travel are now taxable per IRS regulations.

State statutory or constitutional authorization for this rule:

Sections 63A-3-106 and 63A-3-107

Anticipated cost or savings to:

the state budget:

Amending this rule will result in a cost to the state budget. State agencies will spend more to reimburse some travel expenses. The Division of Finance does not know how many total miles agencies will reimburse, how many nights lodging agencies will be required to reimburse nor how many employees will use the rule for premium cities.

local governments:

This rule applies only to state agencies and state employees and, therefore, will have no impact on local government.

small businesses and persons other than businesses:

The amendments to this rule may result in additional reimbursement to persons acting on behalf of the state but not employed directly by the state. The Division of Finance does not know how many individuals in this category will be reimbursed.

Compliance costs for affected persons:

There are no compliance costs associated with revisions to Rule R25-7. If an agency chooses to permit employees to travel, any other costs resulting from compliance with these amendments will be paid by the agency, not by employees (the affected persons). In fact, employees who are allowed to travel will actually receive additional reimbursement as a result of the amendments.

Comments by the department head on the fiscal impact the rule may have on businesses:

Amendments to Rule R25-7 apply only to state agencies and state employees and have no impact on businesses. Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Finance
Room 2110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Marilee Richins at the above address, by phone at 801-538-3450, by FAX at 801-538-3244, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/16/2008

This rule may become effective on:

07/01/2008

Authorized by:

Kimberly K Hood, Executive Director

RULE TEXT

R25. Administrative Services, Finance.

R25-7. Travel-Related Reimbursements for State Employees.

R25-7-6. Reimbursement for Meals.

(1) State employees who travel on state business may be eligible for a meal reimbursement.

(2) The reimbursement will include tax, tips, and other expenses associated with the meal.

(3) Allowances for in-state travel differ from those for out-of-state travel.

(a) The daily travel meal allowance for in-state travel is [$35.00]$36.00 and is computed according to the rates listed in the following table.

 

TABLE 1

In-State Travel Meal Allowances

Meals                Rate

Breakfast          [$8.00]$9.00

Lunch              $11.00

Dinner             $16.00

Total             [$35.00]$36.00

 

(b) The daily travel meal allowance for out-of-state travel is [$43.00]$45.00 and is computed according to the rates listed in the following table.

 

TABLE 2

Out-of-State Travel Meal Allowances

Meals                Rate

Breakfast           $10.00

Lunch              [$13.00]$14.00

Dinner             [$20.00]$21.00

Total              [$43.00]$45.00

 

(4) When traveling to premium cities (New York, Los Angeles, Chicago, San Francisco, Washington DC, Boston, San Diego, Orlando, Atlanta, Baltimore, and Arlington), the traveler may choose to accept the per diem rate for out-of-state travel or to be reimbursed at the actual meal cost, with original receipts, up to [$57]$59 per day.

(a) The traveler will qualify for premium rates on the day the travel begins and/or the day the travel ends only if the trip is of sufficient duration to qualify for all meals on that day.

(b) Complimentary meals of a hotel, motel and/or association and meals included in registration costs are deducted from the [$57]$59 premium allowance as follows:

(i) If breakfast is provided deduct $14, leaving a premium allowance for lunch and dinner of actual up to [$43]$45.

(ii) If lunch is provided deduct [$17]$18, leaving a premium allowance for breakfast and dinner of actual up to [$40]$42.

(iii) If dinner is provided deduct [$26]$27, leaving a premium allowance for breakfast and lunch of actual up to [$31]$33.

(c) The traveler must use the same method of reimbursement for an entire day.

(d) Actual meal cost includes tips.

(e) Alcoholic beverages are not reimbursable.

(5) When traveling in foreign countries, the traveler may choose to accept the per diem rate for out-of-state travel or to be reimbursed at the reasonable, actual meal cost, with original receipts.

(a) The traveler may combine the reimbursement methods during a trip; however, he must use the same method of reimbursement for an entire day.

(b) Actual meal cost includes tips.

(c) Alcoholic beverages are not reimbursable.

(6) The meal reimbursement calculation is comprised of three parts:

(a) The day the travel begins. The traveler's entitlement is determined by the time of day he leaves his home base (the location the employee leaves from and/or returns to), as illustrated in the following table.

 

TABLE 3

The Day Travel Begins

1st Quarter     2nd Quarter    3rd Quarter     4th Quarter

a.m.            a.m.           p.m.            p.m.

12:01-6:00      6:01-noon      12:01-6:00      6:01-midnight

*B, L, D        *L, D          *D              *no meals

In-State

[$35.00]$36.00          $27.00          $16.00          $0

Out-of-State

[$43.00]$45.00   [$33.00]$35.00  [$20.00]$21.00          $0

*B=Breakfast, L=Lunch, D=Dinner

 

(b) The days at the location.

(i) Complimentary meals of a hotel, motel, and/or association and meals included in the registration cost are deducted from the total daily meal allowance.

(ii) Meals provided on airlines will not reduce the meal allowance.

(c) The day the travel ends. The meal reimbursement the traveler is entitled to is determined by the time of day he returns to his home base, as illustrated in the following table.

 

TABLE 4

The Day Travel Ends

1st Quarter     2nd Quarter    3rd Quarter     4th Quarter

a.m.            a.m.           p.m.            p.m.

12:01-6:00      6:01-noon      12:01-7:00      7:01-midnight

*no meals       *B             *B, L           *B, L, D

In-State

$0       [$8.00]$9.00   [$19.00]$20.00    [$35.00]$36.00

Out-of-State

$0             $10.00   [$23.00]$24.00    [$43.00]$45.00

*B=Breakfast, L=Lunch, D=Dinner

 

(7) An employee may be authorized by his Department Director or designee to receive a taxable meal allowance when his destination is at least 100 miles from his home base and he does not stay overnight.

(a) Breakfast is paid when the employee leaves his home base before 6:01 a.m.

(b) Lunch is paid when the trip meets one of the following requirements:

(i) The employee is on an officially approved trip that warrants entitlement to breakfast and dinner.

(ii) The employee leaves his home base before 10 a.m. and returns after 2 p.m.

(iii) The Department Director provides prior written approval based on circumstances.

(c) Dinner is paid when the employee leaves his home base and returns after 7 p.m.

(d) The allowance is not considered an absolute right of the employee and is authorized at the discretion of the Department Director or designee.

 

R25-7-8. Reimbursement for Lodging.

State employees who travel on state business may be eligible for a lodging reimbursement.

(1) For stays at a conference hotel, the state will reimburse the actual cost plus tax for both in-state and out-of-state travel. The traveler must include the conference registration brochure with the Travel Reimbursement Request, form FI 51A or FI 51B.

(2) For in-state lodging at a non-conference hotel, the state will reimburse the actual cost up to [$60]$65 per night for single occupancy plus tax except as noted in the table below:

 

TABLE 5

Cities with Differing Rates

[Cedar City                              $65 plus tax

Layton                                  $65 plus tax

Logan                                   $70 plus tax

Moab                                    $70 plus tax

Ogden                                   $65 plus tax

Panguitch                               $65 plus tax

Park City                               $80 plus tax

Heber City, Midway                      $80 plus tax

Price                                   $70 plus tax

Provo, Orem                             $65 plus tax

Roosevelt                               $75 plus tax

Metropolitan Salt Lake City

(Draper to Centerville), Tooele         $80 plus tax

St. George                              $70 plus tax

Vernal                                  $75 plus tax]

Altamont                                $70 plus tax

Boulder                                 $70 plus tax

Bryce                                   $70 plus tax

Green River                             $70 plus tax

Kanab                                   $75 plus tax

Layton                                  $70 plus tax

Logan                                   $75 plus tax

Mexican Hat                             $70 plus tax

Moab                                    $80 plus tax

Ogden                                   $70 plus tax

Panguitch                               $70 plus tax

Park City                               $90 plus tax

Heber City/Midway                       $90 plus tax

Price                                   $70 plus tax

Provo/Orem/Springville/Lehi             $75 plus tax

Metropolitan Salt Lake City

(Draper to Centerville), Tooele         $90 plus tax

St. George/Washington/Springdale        $70 plus tax

Vernal/Roosevelt                        $90 plus tax

 

(3) For out-of-state travel stays at a non-conference hotel, the state will reimburse the actual cost per night plus tax, not to exceed the federal lodging rate for the location.

(4) The state will reimburse the actual cost per night plus tax for in-state or out-of-state travel stays where the department/traveler makes reservations through the State Travel Office.

(5) Lodging is reimbursed at the rates listed in Table 5 for single occupancy only. For double state employee occupancy, add $20, for triple state employee occupancy, add $40, for quadruple state employee occupancy, add $60.

(6) Exceptions will be allowed for unusual circumstances when approved in writing by the Department Director or designee prior to the trip.

(a) For out-of-state travel, the approval may be on the form FI 5.

(b) Attach the written approval to the Travel Reimbursement Request, form FI 51B or FI 51D.

(7) A proper receipt for lodging accommodations must accompany each request for reimbursement.

(a) The tissue copy of the charge receipt is not acceptable.

(b) A proper receipt is a copy of the registration form generally used by motels and hotels which includes the following information: name of motel/hotel, street address, town and state, telephone number, current date, name of person/persons staying at the motel/hotel, date of occupancy, amount and date paid, signature of agent, number in the party, and single or double occupancy.

(8) Travelers may also elect to stay with friends or relatives or use their personal campers or trailer homes instead of staying in a hotel.

(a) With proof of staying overnight away from home on approved state business, the traveler will be reimbursed the following:

(i) $25 per night with no receipts required or

(ii) Actual cost up to $40 per night with a signed receipt from a facility such as a campground or trailer park, not from a private residence.

(9) Travelers who are on assignment away from their home base for longer than 90 days will be reimbursed as follows:

(a) First 30 days - follow regular rules for lodging and meals. Lodging receipt is required.

(b) After 30 days - $46 per day for lodging and meals. No receipt is required.

 

R25-7-10. Reimbursement for Transportation.

State employees who travel on state business may be eligible for a transportation reimbursement.

(1) Air transportation is limited to Air Coach or Excursion class.

(a) All reservations (in-state and out-of-state) should be made through the State Travel Office for the least expensive air fare available at the time reservations are made.

(b) Only one change fee per trip will be reimbursed.

(c) The explanation for the change and any other exception to this rule must be given and approved by the Department Director or designee.

(d) In order to preserve insurance coverage, travelers must fly on tickets in their names only.

(2) Travelers may be reimbursed for mileage to and from the airport and long-term parking or away-from-the-airport parking.

(a) The maximum reimbursement for parking, whether travelers park at the airport or away from the airport, is the airport long-term parking rate.

(b) The parking receipt must be included with the Travel Reimbursement Request, form FI 51A or FI 51B.

(c) Travelers may be reimbursed for mileage to and from the airport to allow someone to drop them off and to pick them up.

(3) Travelers may use private vehicles with approval from the Department Director or designee.

(a) Only one person in a vehicle may receive the reimbursement, regardless of the number of people in the vehicle.

(b) Reimbursement for a private vehicle will be at the rate of 36 cents per mile or [48.5]50.5 cents per mile if a state vehicle is not available to the employee.

(i) To determine which rate to use, the traveler must first determine if their department has an agency vehicle (long-term leased vehicle from Fleet Operations) that meets their needs and is reasonably available for the trip (does not apply to special purpose vehicles). If reasonably available, the employee should use an agency vehicle. If an agency vehicle that meets their needs is not reasonably available, the agency may approve the traveler to use either a daily pool fleet vehicle or a private vehicle. If a daily pool fleet vehicle is not reasonably available, the traveler may be reimbursed at [48.5]50.5 cents per mile.

(ii) If a trip is estimated to average 100 miles or more per day, the agency should approve the traveler to rent a daily pool fleet vehicle if one is reasonably available. Doing so will cost less than if the traveler takes a private vehicle. If the agency approves the traveler to take a private vehicle, the employee will be reimbursed at the lower rate of 36 cents per mile.

(c) Agencies may establish a reimbursement rate that is more restrictive than the rate established in this Section.

(d) Exceptions must be approved in writing by the Director of Finance.

(e) Mileage will be computed from the latest official state road map and will be limited to the most economical, usually traveled routes.

(f) If the traveler uses a private vehicle on official state business and is reimbursed for mileage, parking charges may be reimbursed as an incidental expense.

(g) An approved Private Vehicle Usage Report, form FI 40, should be included with the department's payroll documentation reporting miles driven on state business during the payroll period.

(h) Departments may allow mileage reimbursement on an approved Travel Reimbursement Request, form FI 51A or FI 51B, if other costs associated with the trip are to be reimbursed at the same time.

(4) A traveler may choose to drive instead of flying if approved by the Department Director.

(a) If the traveler drives a state-owned vehicle, the traveler may be reimbursed for meals and lodging for a reasonable amount of travel time; however, the total cost of the trip must not exceed the equivalent cost of the airline trip. The traveler may also be reimbursed for incidental expenses such as toll fees and parking fees.

(b) If the traveler drives a privately-owned vehicle, reimbursement will be at the rate of 36 cents per mile or the airplane fare, whichever is less, unless otherwise approved by the Department Director.

(i) The lowest fare available within 30 days prior to the departure date will be used when calculating the cost of travel for comparison to private vehicle cost.

(ii) An itinerary printout which is available through the State Travel Office is required when the traveler is taking a private vehicle.

(iii) The traveler may be reimbursed for meals and lodging for a reasonable amount of travel time; however, the total cost of the trip must not exceed the equivalent cost of an airline trip.

(iv) If the traveler uses a private vehicle on official state business and is reimbursed for mileage, parking charges may be reimbursed as an incidental expense.

(c) When submitting the reimbursement form, attach a schedule comparing the cost of driving with the cost of flying. The schedule should show that the total cost of the trip driving was less than or equal to the total cost of the trip flying.

(d) If the travel time taken for driving during the employee's normal work week is greater than that which would have occurred had the employee flown, the excess time used will be taken as annual leave and deducted on the Time and Attendance System.

(5) Use of rental vehicles must be approved in writing in advance by the Department Director.

(a) An exception to advance approval of the use of rental vehicles shall be fully explained in writing with the request for reimbursement and approved by the Department Director.

(b) Detailed explanation is required if a rental vehicle is requested for a traveler staying at a conference hotel.

(c) When making rental car arrangements through the State Travel Office, reserve the vehicle you need. Upgrades in size or model made when picking up the rental vehicle will not be reimbursed.

(i) State employees should rent vehicles to be used for state business in their own names, using the state contract so they will have full coverage under the state's liability insurance.

(ii) Rental vehicle reservations not made through the State Travel Office must be approved in advance by the Department Director.

(iii) The traveler will be reimbursed the actual rate charged by the rental agency.

(iv) The traveler must have approval for a rental car in order to be reimbursed for rental car parking.

(6) Travel by private airplane must be approved in advance by the Department Director or designee.

(a) The pilot must certify to the Department Director that he is certified to fly the plane being used for state business.

(b) If the plane is owned by the pilot/employee, he must certify the existence of at least $500,000 of liability insurance coverage.

(c) If the plane is a rental, the pilot must provide written certification from the rental agency that his insurance covers the traveler and the state as insured. The insurance must be adequate to cover any physical damage to the plane and at least $500,000 for liability coverage.

(d) Reimbursement will be made at [50]75 cents per mile.

(e) Mileage calculation is based on air mileage and is limited to the most economical, usually-traveled route.

(7) Travel by private motorcycle must be approved prior to the trip by the Department Director or designee. Travel will be reimbursed at [16]20 cents per mile.

(8) A car allowance may be allowed in lieu of mileage reimbursement in certain cases. Prior written approval from the Department Director, the Department of Administrative Services, and the Governor is required.

 

KEY: air travel, per diem allowances, state employees, transportation

Date of Enactment or Last Substantive Amendment: [August 20, 2007]2008

Notice of Continuation: May 1, 2003

Authorizing, and Implemented or Interpreted Law: 63A-3-107; 63A-3-106