DAR File No. 32632

Administrative Services, Finance

R25-5

Payment of Per Diem to Boards

NOTICE OF PROPOSED RULE

DAR File No.: 32632
Filed: 04/30/2009, 05:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 45 was passed in the 2009 General Legislative Session which amended Section 63A-3-106. The proposed changes to Rule R25-5 address those amendments. (DAR NOTE: H.B. 45 (2009) is found at Chapter 25, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The change clarifies that employees of higher education will be paid at the rates established in the rule unless higher education pays the cost. Also, reimbursement for expenses related to official board meetings will only be paid in those cases where compensation has not already been made by another entity.

State statutory or constitutional authorization for this rule:

Section 63A-3-106

Anticipated cost or savings to:

the state budget:

The effect to the state budget will be negligible. There may be minor cost savings if agencies are more careful to ensure that board members who are otherwise compensated are not reimbursed twice.

local governments:

This rule amendment applies only to monies paid to employees of state government and higher education and, therefore, will have no impact on local government.

small businesses and persons other than businesses:

This rule amendment applies only to monies paid to employees of state government and higher education and, therefore, will have no impact on small business.

Compliance costs for affected persons:

Compliance costs include staffing expense required to approve and process per diem payments.

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

These changes are for clarification purposes and have no impact on business. 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 MPRICHINS@utah.gov

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:

06/15/2009

This rule may become effective on:

06/22/2009

Authorized by:

Kimberly K Hood, Executive Director

R25. Administrative Services, Finance.

R25-5. Payment of Per Diem to Boards.

R25-5-1. Purpose.

The purpose of this rule is to establish the procedures for payment of per diem and travel expenses[to policy boards, advisory boards, councils, or committees within state government.] to defray the costs for attendance at an official meeting of a board by an officer or employee who is a member.

 

R25-5-2. Authority.

This rule is established pursuant to Section 63A-3-106, which authorizes the Director of Finance to make rules establishing per diem rates.

 

R25-5-3. Definitions.

All terms are as defined in Section 63A-3-106(1), except as follows:[(1) "Boards" means policy boards, advisory boards, councils, or committees within state government.]

([2]1) "Finance" means the Division of Finance.

([3]2) "Per diem" means an allowance paid daily.

([4]3) "Rate" means an amount of money.

([5]4) "Independent Corporation Board" means the board of directors of any independent corporation subject to Section 63E Chapter 2 that is subject to this rule by its authorizing statute.

 

R25-5-4. Rates.

(1) Each member of a board within state government shall receive $60 per diem for each official meeting attended that lasts up to four hours and $90 per diem for each official meeting that is longer than four hours.

(a) These rates are applicable to an officer or employee of the executive branch, except as provided under subsection (1)(b);

(b) These rates are applicable to an officer or employee of higher education unless higher education pays the costs of the per diem.

(2) Travel expenses shall also be paid to board members in accordance with Rule R25-7.

(3) Members may decline to receive per diem and/or travel expenses for their services.

(4) Upon approval by Finance, members of an independent corporation board may receive per diem, at rates exceeding those established in Subsection R25-5-4(1), for each meeting attended as part of their official duties and for reasonable preparation associated with meetings of the full board or the board's subcommittees.

 

R25-5-5. [Rates for State Employees.]Governmental Employees.

(1) [Full-time state employees serving on boards may not be eligible for per diem at board meetings held during normal working hours.]A member of a board may not receive per diem or travel expenses if the member is being compensated as an officer or employee of a governmental entity, including the State, while performing the member's service on the board.

[State]Governmental employee board members attending official meetings held at a time other than their normal working hours, who receive no compensation or leave (such as comp time) for the additional hours of the meetings[ shall] may receive [$60 ]per diem[ for each official meeting attended that lasts up to four hours and $90 per diem for each official meeting that is longer than four hours].

(2) Travel expenses [shall also be paid to state employees serving on boards]related to the attendance of official board meetings for which a governmental employee serving on the board is not otherwise reimbursed may also be paid to the employee in accordance with Rule R25-7.

(3) Governmental employees may decline to receive per diem and/or travel expenses for their services.

 

KEY: per diem allowance, rates, state employees, boards

Date of Enactment or Last Substantive Amendment: [January 25, 2006]2009

Notice of Continuation: April 29, 2008

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