An Act to revise certain provisions related to mileage reimbursement.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 2-4-2 be AMENDED:
2-4-2. The salary of each member of the Legislature is equal to one-fifth of the South Dakota median household income reported by the United States Census Current Population Survey, as ascertained and adjusted each year by the State Board of Finance, to take effect on the first day of January of each year for every regular legislative session. In addition, each legislator shall receive:
(1) Reimbursement to be paid
after the legislative session for actual mileage or its equivalent
traveled to and from home not more than once each weekend or between
days of recess during the regular legislative session, at state
rates established by the Board of Financethe
business standard mileage rate authorized by the United States
Internal Revenue Service to be excluded from gross income as of
October first each year;
(2) Expenses of one hundred twenty-three dollars per day for each day of a regular or special legislative session as prepaid reimbursement for living expenses, including meals and lodging, laundry, cleaning and pressing of clothing, and all other uncompensated expenses as defined in 2-4-2.1 incident to the performance of legislative services, or at the amount fixed for the per diem allowance that is authorized by the United States Internal Revenue Service to be excluded from the gross income without itemization as of October first each year, whichever of the two is greater; and
(3) Five cents once each session for every mile of necessary travel in going to and returning from the place of meeting of the Legislature by the most usual route.
For each day's attendance at special sessions, each member, in addition to mileage and expenses, shall receive a per diem calculated by the director of the Legislative Research Council equal to the normal daily compensation for the regular session immediately preceding the special session.
Section 2. That 3-9-1 be AMENDED:
3-9-1. 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. If no state vehicle is available and any person must use a privately owned automobile the reimbursement rate must be the business standard mileage rate authorized by the United States Internal Revenue Service. 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.