(b) When mileage allowances for the use of a privately owned automobile are claimed, the points between which the mileage accrued, the necessity and purpose of the travel and the rate per mile, shall be shown on the claim. No claim for mileage shall be allowed for mileage accrued when using a vehicle owned by the state of Kansas.
(c) Unless the secretary of administration, by rule and regulation, provides for limited exceptions under circumstances in which payment of a per diem or subsistence allowance is in the best interest of the state, no per diem or subsistence allowances shall be paid to any state officer or employee when these expenses are incurred in the city in which the residence or official station of the officer or employee is located.
(d) Nothing in this section shall be construed as applying to the members of the state legislature and other officials as enumerated in K.S.A. 75-3216, and amendments thereto.
History: L. 1931, ch. 294, § 1; L. 1933, ch. 289, § 1; L. 1965, ch. 465, § 1; L. 1969, ch. 402, § 1; L. 2001, ch. 109, § 1; July 1.
History: L. 1931, ch. 294, § 2; Repealed, L. 1995, ch. 184, § 4; Apr. 27.
(b) No mileage in excess of that amount for each mile actually and necessarily traveled, regardless of the number of passengers, shall be paid or taxed as costs in any case.
(c) The governing body of any county, city or school district may prescribe a rate different from that provided for in this section as to officers and employees of such county, city or school district. If a different rate is not prescribed by the governing body of a county, city or school district, the rate established by the secretary of administration shall be the rate applicable to officers and employees of such county, city or school district. Only one mileage allowance at the rate fixed by the secretary per mile or the rate prescribed by the governing body of a county, city or school district for officers and employees of such county, city or school district is authorized for the use of a privately owned conveyance in official travel and no claim shall be presented for mileage traveled as a passenger in a privately owned conveyance in which the mileage allowance is claimed by the owner or operator.
(d) Privately owned conveyances shall include, but not be limited to automobiles, motorcycles and aircraft. Privately owned conveyances shall not include any conveyances offered publicly for temporary and occasional hire on a trip basis by a traveler including those normally intended to be operated by the traveler if their use has been authorized under appropriate statutes or rules and regulations governing official travel.
(e) The rate prescribed under this act shall be construed to cover all costs related to the use of privately owned conveyances including but not limited to gas, oil, tires, repairs, insurance, license fees and depreciation costs. Parking charges, turnpike tolls and bridge tolls may be allowed in addition to the mileage allowance provided herein.
(f) This act shall not be construed to repeal any provision of any existing statute as to the method of computing mileage, but shall relate solely to the amount to be charged as mileage.
(g) The secretary of administration may adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, relating to official travel by privately owned conveyance.
(h) Notwithstanding anything in this section, exceptions to the same may be made in any other statute or in any appropriation act, and all such exceptions heretofore made shall be valid.
History: L. 1933, ch. 302, § 1; L. 1949, ch. 445, § 2; L. 1965, ch. 467, § 1; L. 1971, ch. 275, § 1; L. 1972, ch. 321, § 1; L. 1974, ch. 384, § 1; L. 1974, ch. 385, § 1; L. 1976, ch. 383, § 1; L. 1978, ch. 353, § 1; L. 1985, ch. 279, § 1; L. 2001, ch. 109, § 2; July 1.
(1) Automobiles;
(2) motorcycles;
(3) aircraft;
(4) vehicles specially equipped for the physically disabled; and
(5) other privately owned conveyances.
(b) Each rate of mileage allowance fixed by the secretary shall be fixed only after consideration of actual costs incurred in using privately owned conveyances, the rates allowed by the internal revenue service, increased costs due to any energy crisis and the general inflationary situation, and such other matters as the secretary deems pertinent.
(c) The rates of mileage allowance authorized by this section may be revised as conditions require but shall not exceed the lowest of the following rates:
(1) The rate allowed by the internal revenue service;
(2) the rate used in preparing the governor's budget report under K.S.A. 75-3721, and amendments thereto; or
(3) any revision of the rate described in paragraph (2) as specifically directed in appropriation acts of the legislature.
(d) Each rate of mileage allowance fixed by the secretary under this section shall be the rate of mileage allowance for official travel by the applicable privately owned conveyance until a different rate is fixed therefor by the secretary under this section.
History: L. 1974, ch. 384, § 2; L. 1974, ch. 385, § 2; L. 1978, ch. 350, § 15; L. 1979, ch. 286, § 1; L. 1980, ch. 271, § 1; L. 1980, ch. 271, § 3; L. 2001, ch. 109, § 3; July 1.
History: L. 1974, ch. 385, § 3; Repealed, L. 1985, ch. 279, § 2; July 1.
History: L. 1974, ch. 385, § 4; April 8.
History: L. 1933, ch. 301, § 1; L. 1943, ch. 278, § 1; L. 1947, ch. 423, § 1; L. 1949, ch. 444, § 1; L. 1963, ch. 427, § 1; Repealed, L. 1972, ch. 29, § 18; July 1.
History: L. 1933, ch. 301, § 2; Repealed, L. 1972, ch. 29, § 18; July 1.
History: L. 1937, ch. 340, § 1; April 6.
(b) (1) In all cases of official travel inside or outside of the state which is subject to the provisions of this section, where the official traveler leaves the traveler's official station or domicile and returns on the same day without incurring lodging expense, no subsistence allowance will be paid.
(2) No subsistence allowance shall be allowed for expenses incurred within 30 miles of an employee's official station.
(3) The secretary of administration may provide, by rule and regulation, for limited exceptions to the limitation established in paragraph (1) of this subsection under circumstances in which payment of a subsistence allowance for the official travel is in the best interest of the state.
(c) No allowances shall be paid to any person for subsistence expense incurred while staying in any place where such person is continuously stationed, except upon written permission granted by the secretary of administration upon written application and subject to rules and regulations adopted by the secretary of administration under K.S.A. 75-3207a, and amendments thereto.
(d) The limitations provided herein shall not apply to cases where the subsistence expenses are advanced by the state by reason of contract of recompensation either expressed, or implied in law or in fact, with any person, group of persons, agency, association, corporation, partnership, or organization of any nature whatsoever, other than the state of Kansas or any municipalities or subdivision thereof.
(e) The phrase "subsistence allowance" as used in this act shall be construed and held to include all charges for meals and lodging, all fees and tips to waiters, hotel porters, bellhops, doormen, maids and dining-room stewards.
(f) Subject to prior approval by the secretary of administration, reduced allowances for subsistence may be paid where considered appropriate by the head of any state agency by reason of the nature of travel, type of business being conducted and frequency of travel. Notice of any such reduced allowances shall be given to the director of accounts and reports.
(g) The secretary of administration may adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, regarding the manner of payment of allowances for subsistence, nonsubsistence and transportation expenses as defined in this act.
(h) Nothing in this section shall apply to the officers and employees specified in K.S.A. 75-3216, and amendments thereto.
History: L. 1937, ch. 340, § 2; L. 1945, ch. 327, § 1; L. 1947, ch. 424, § 1; L. 1949, ch. 445, § 1; L. 1959, ch. 340, § 1; L. 1965, ch. 465, § 2; L. 1969, ch. 402, § 2; L. 1972, ch. 322, § 1; L. 1975, ch. 441, § 2; L. 1977, ch. 297, § 1; L. 1979, ch. 286, § 2; L. 1981, ch. 339, § 1; L. 2001, ch. 109, § 4; July 1.
(b) The secretary may authorize and prescribe limitations and procedures for payment of such subsistence allowances by separate categories for reimbursement for meal expenses under a daily allowance basis and for reimbursement for lodging expenses under an actual cost incurred basis, or may provide for the direct payment of lodging expenses to the lodging establishment. Advances for such costs also shall be at the discretion of the secretary. These authorizations, limitations, procedures and other provisions for subsistence allowances may be established by rules and regulations adopted in the manner prescribed by K.S.A. 75-3706, and amendments thereto.
(c) All such rates and high-cost city designations shall be fixed only after consideration by the secretary of actual costs incurred in such travel, the rates allowed by the federal internal revenue service, and such other matters as the secretary deems pertinent.
(d) The provisions of rules and regulations adopted pursuant to this section shall apply to all official travel on and after the effective date of such rules and regulations.
(e) Nothing in this section shall apply to the officers and employees specified in K.S.A. 75-3216, and amendments thereto.
(f) The rates for lodging expense reimbursement and direct payments established by the secretary of administration for in-state and out-of-state travel for official purposes by officers and employees who are subject to this section, may be exceeded upon written approval by the agency head, or the agency head's designee who is responsible for approval of travel under K.S.A. 75-3208, and amendments thereto, subject to policies adopted by the officer, board or commission that appointed the agency head. In cases involving the official travel of an individual who is an agency head or an appointive member of a board, commission or similar body that appoints an agency head, no approval to exceed the rates for lodging expenses for that individual shall be required unless the appointing authority of that individual requires written approval by the appointing authority. In no case shall any lodging expense under this subsection exceed the lesser of either:
(1) The amount equal to the maximum applicable lodging expense authorized under this section increased by 50%; or
(2) the actual lodging expenses incurred during the official travel.
History: L. 1975, ch. 441, § 1; L. 1977, ch. 297, § 2; L. 1979, ch. 286, § 3; L. 1980, ch. 271, § 2; L. 1981, ch. 339, § 2; L. 1982, ch. 356, § 1; L. 1987, ch. 337, § 1; L. 1997, ch. 115, § 2; L. 2001, ch. 109, § 5; July 1.
(b) Except as otherwise prescribed by a majority of the justices of the supreme court, authority to grant written approval for any such trip by an officer or employee of the judicial branch, or any agency thereof, is vested in the judicial administrator or the judicial administrator's designee.
(c) Except as otherwise authorized or provided by statute, authority to grant approval for any such trip by a legislator or an officer or employee of an agency of the legislative branch is vested with the legislative coordinating council or an individual authorized by the legislative coordinating council to grant written approval in the case of any such trip by an officer or employee of an agency of the legislative branch.
(d) Except as otherwise prescribed by the officer, board or commission that appointed an agency head, authority to grant written approval for any such trip by an officer or employee of the executive branch is vested in such officer's or employee's agency head or the agency head's designee.
(e) In cases involving such a trip by an agency head or by appointive members of a board, commission or similar body that appoints an agency head, no approval shall be required unless the appointing authority of the agency head or the members of the board, commission or similar body, as the case may be, requires such approval by the appointing authority.
(f) Such approval shall not be required for the payment of any claim for expenses 50% or more of which are paid from moneys received from the Kansas technology enterprise corporation, federal agencies or other external sources.
(g) As used in this section, "agency head" means the chief administrative officer of a state agency or state institution.
History: L. 1937, ch. 340, § 3; L. 1987, ch. 337, § 2; L. 1987, ch. 338, § 2; L. 1987, ch. 339, § 1; July 1.
History: L. 1937, ch. 340, § 4; L. 1953, ch. 375, § 64; Repealed, L. 1972, ch. 29, § 18; July 1.
History: L. 1937, ch. 340, § 5; L. 1949, ch. 445, § 3; Repealed, L. 1970, ch. 359, § 1; July 1.
History: L. 1937, ch. 340, § 6; L. 1959, ch. 340, § 2; L. 1965, ch. 465, § 3; L. 1967, ch. 455, § 1; L. 1969, ch. 402, § 4; Repealed, L. 1975, ch. 442, § 2; July 1.
History: L. 1968, ch. 208, § 1; L. 1973, ch. 211, § 5; L. 1974, ch. 361, § 76; L. 1975, ch. 269, § 6; L. 1980, ch. 266, § 6; Jan. 12, 1981.
History: L. 1968, ch. 208, § 2; March 20.
History: L. 1968, ch. 208, § 3; L. 1987, ch. 196, § 13; Feb. 19.
History: L. 1968, ch. 208, § 4; L. 1971, ch. 184, § 41; May 1.
History: L. 1968, ch. 208, § 5; L. 1973, ch. 211, § 6; L. 1975, ch. 442, § 1; L. 1976, ch. 147, § 9; Jan. 10, 1977.
History: L. 1969, ch. 407, § 1; July 1.
History: L. 1969, ch. 407, § 2; L. 1975, ch. 443, § 1; L. 1994, ch. 274, § 13; Repealed, L. 1997, ch. 115, § 6; July 1.
History: L. 1969, ch. 407, § 3; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1969, ch. 407, § 4; Repealed, L. 1970, ch. 371, § 19; March 18.
History: L. 1969, ch. 402, § 3; Repealed, L. 1972, ch. 323, § 1; L. 1972, ch. 322, § 2; July 1.
(b) Whenever it is provided by law that a member of a board is to be paid subsistence allowances as provided in this section, such member shall be paid subsistence allowances as provided in K.S.A. 75-3207, unless such member is also a member of the legislature, in which case such member shall be paid subsistence allowances as provided in K.S.A. 75-3212 and amendments thereto.
(c) Whenever it is provided by law that a member of a board shall be paid mileage as provided in this section, such member shall be paid the mileage rate prescribed under K.S.A. 75-3203a and amendments thereto for miles actually traveled in going to and returning from a meeting of such board (or any subcommittee meeting authorized by such board), computed in accordance with rules and regulations of the secretary of administration adopted under K.S.A. 75-3207.
(d) Whenever it is provided by law that a member of a board shall be paid expenses (in addition to mileage and subsistence), such member shall be paid actual and necessary expenses incurred in performing his or her statutory duties as such member in accordance with K.S.A. 75-3203 and amendments thereto and K.S.A. 75-3207 and rules and regulations of the secretary of administration adopted under K.S.A. 75-3207.
(e) Whenever it is provided by law that members of a board shall receive amounts provided for in [this] subsection (e) of K.S.A. 75-3223 and amendments thereto, such members shall receive subsistence allowances as provided in K.S.A. 75-3207 and amendments thereto, mileage at the rate prescribed under K.S.A. 75-3203a and amendments thereto and other actual and necessary expenses incurred in performing his or her statutory duties as such member in accordance with K.S.A. 75-3203 and amendments thereto and rules and regulations of the secretary of administration adopted under K.S.A. 75-3207, unless such member is a legislator in which case such legislator shall receive the compensation, subsistence allowances, mileage and other expenses authorized for legislators under subsections (a), (b), (c) and (d) of this section.
(f) "Board" as used in this section means any three or more public officers or other persons who are given by law a joint authority.
History: L. 1974, ch. 348, § 1; L. 1974, ch. 361, § 93; L. 1975, ch. 416, § 29; July 1.
History: L. 1980, ch. 275, § 2; L. 1994, ch. 274, § 14; Repealed, L. 1997, ch. 115, § 6; July 1.
(b) When state officers and employees are transferred within a state agency or transferred between state agencies, the agency head may authorize the payment of in-state moving expenses of such state officers and employees. Such expenses shall not be paid when a transfer is made primarily for the convenience or benefit of the employee or at the employee's request, or when the transfer results in the new official duty station being less than 25 miles from the old station.
(c) Moving expenses may include, but not be limited to, the cost of packing and transporting household goods and personal effects, temporary storage costs on household goods and personal effects for a period not to exceed 30 days, subsistence expenses while en route from the old residence to the new residence, subsistence expenses while occupying temporary quarters in the new location and the expenses of one premove trip to look for a new residence. State officers, employees and applicants receiving moving expenses shall be required to sign an agreement that if they leave the employment of the state agency within one year from the moving date or employment date, whichever is later, they will reimburse the state agency the full amount so paid for moving expenses and the obligation to so repay shall constitute a lien and setoff by the state against such state officer, employee or applicant employee's unpaid wages or salary. Such moving expenses shall be paid from moneys available or appropriated to the state agency. The director of accounts and reports is authorized to issue warrants against the appropriate agency fund for payment of any such moving expense upon submission to the director of a duly itemized voucher therefor.
(d) Pursuant to K.S.A. 75-3706, and amendments thereto, the secretary of administration may adopt rules and regulations regarding the payment of moving expenses of state officers and employees under this section, including procedures, conditions and limitations of payments.
(e) Each state agency which has incurred expenses under this section shall report the amount of such expenses to the chairpersons of the committee on appropriations of the house of representatives and the committee on ways and means of the senate on or before January 10, 1998, and January 10, 1999.
History: L. 1997, ch. 115, § 1; July 1.
History: L. 2001, ch. 172, § 2; July 1.
(b) As used in this section, "governmental entity" means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of the federal government or of a state or of a county, municipality or other political subdivision of a state.
History: L. 2002, ch. 136, § 1; July 1.