ENTITLED An Act to revise certain provisions related to travel reimbursement.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 3-9-1 be AMENDED:
3-9-1. In lieu of actual transportation expenses and except as provided in section 2 of this Act, the mileage reimbursement rate for using a privately owned motor vehicle on state business is fifty-one cents per mile or the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater. However, if no state vehicle is equipped for the transportation of a person with special needs, the mileage reimbursement rate for using a privately owned motor vehicle is based on the type of vehicle. If a privately owned passenger or cargo van, pickup truck, or sport utility vehicle is used to transport an individual with special needs for state business, the mileage reimbursement rate is sixty-eight cents per mile or one-hundred-and-thirty percent of the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater. If any other vehicle is used to transport an individual with special needs for state business, the mileage reimbursement rate is fifty-one cents per mile or the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater. For the purposes of this section, the term "individual with special needs" means a person with a disability that makes the person unable to operate an unmodified motor vehicle but allows the person to operate a personal motor vehicle modified to accommodate the disability.
The mileage reimbursement rate covers all expenses incidental to the operation of a motor vehicle.
The Bureau of Finance and Management shall publish in writing the mileage reimbursement rate to be effective as of October first each year. The state auditor shall issue warrants for using a privately owned motor vehicle on state business at the rate specified upon the sworn statement of the party using the vehicle.
Section 2. That a NEW SECTION be added to chapter 3-9:
If an Office of Fleet and Travel Management or Department of Transportation pool motor vehicle is available within ten miles of a person's place of residence or headquarters station but the person uses a privately owned vehicle instead for state business, the mileage reimbursement rate is forty-five percent of the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year.
The Office of Fleet and Travel Management must approve mileage reimbursement paid at the rate set pursuant to 3-9-1 if there are Office of Fleet and Travel Management or Department of Transportation pool motor vehicles available within ten miles of a person s place of residence or headquarters station.
This section does not apply to elected officers, departmental secretaries, and chairs of state boards and commissions.
Section 3. That a NEW SECTION be added to chapter 3-9:
Upon written request of the head of a state agency or institution, the state auditor may reimburse a person using a motor vehicle on state business for mileage within a designated city area if the required travel is not compensated through the person s salary. For the purposes of this section, the term "designated city area" means an area extending five miles beyond the municipal boundaries of Pierre, Sioux Falls, Aberdeen, Watertown, Brookings, and Rapid City.
Section 4. That 3-9-2 be AMENDED:
3-9-2. 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.
Section 5. That a NEW SECTION be added to chapter 3-9:
Notwithstanding 3-9-2 to 3-9-2.2, inclusive, the daily meal allowance of uniformed highway patrol officers when assigned to field duties is seventeen dollars per day.
Section 6. 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 the rate set pursuant to 3-9-1;
(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 7. That 7-12-18 be AMENDED:
7-12-18. The sheriff shall charge and remit the following:
(1) For serving an order of arrest with commitment or bail bond and return, twenty-five dollars;
(2) For serving summons, complaint, warrant of attachment, affidavit, notice and undertaking in claim and delivery, or injunction, order to show cause, citation, or other process, and return of the instrument, fifty dollars for all such process or instruments served at the same time upon the same person regardless of the capacities in which such person is served. However, for all such process or instruments served upon another such person at approximately the same time at the same place, ten dollars;
(3) For serving subpoena for witness, each person, twenty dollars;
(4) For traveling expenses in a motor vehicle, a mileage allowance of eight cents above the rate set pursuant to 3-9-1 for each mile actually and necessarily traveled by motor vehicle. For traveling expenses in a private plane, a mileage allowance of ten cents above the rate set pursuant to 3-9-1 for each mile actually and necessarily traveled by private plane. However, actual cost may be paid for travel by train, bus, plane, or other commercial vehicle;
(5) For serving writ of execution and return of the instrument, whether satisfied or unsatisfied, ninety-five dollars;
(6) For levying writ of possession, fifty dollars. However, if the sale of the property levied upon is not subsequently held, the actual costs or expenses associated with levying writ of possession shall be paid;
(7) For advertisement of sale in newspaper, in addition to printing, twenty-five dollars;
(8) For posting notices of sale of real property, twenty-five dollars, and mileage;
(9) For executing writ or order of partition, twenty-five dollars;
(10) For making deed for land sold on execution or order of sale, one hundred dollars except no fee is charged when the deed only requires the sheriff's signature;
(11) In addition to the applicable fees and expenses, a commission of six percent on all money received and disbursed by the sheriff on execution or order of sale, order of attachment, decree or on sale of real property or personal property. However, in no case may the commission be less than fifty dollars or more than three thousand five hundred dollars. If the execution or order of sale is a foreclosure of a real estate mortgage, the commission may not be more than one thousand five hundred dollars. The commissions shall be included as a part of the cost of execution, order of sale, order of attachment, decree, or on sale of real or personal property, which shall be paid by the debtor out of the proceeds. However, in each case of redemption prior to the sale, the sheriff is entitled to the commission as stated above, to be paid by the redemptioner as a cost of the redemption;
(12) For a case in the circuit court, if a person, in whose favor an execution or order of sale is issued, bids on the property sold on execution or decree, the sheriff or officer making the sale shall receive the following compensation: if the amount for which the property is bid on is one thousand dollars or less, the sum of forty dollars; and if the amount for which the property is bid on is more than one thousand dollars, the sum of one hundred dollars;
(13) For making a sale of real property under a foreclosure of mortgage by advertisement, the same fees as for the sale of real property under a judgment of foreclosure and sale of real property; and
(14) If personal property is taken by the sheriff on execution or warrant of attachment and applied in the satisfaction of the debt without sale, the same percentage on the appraised value of the property as in the case of a sale and all additional reasonable and necessary costs and expenses incurred in executing the duties of sheriff including expenses associated with the removal of property from the premises.
No fee may be charged in any action under 25-10-3, 25-10-6, 22-19A-8, or 22-19A-12.
The fees established pursuant to this section shall be used for law enforcement purposes.
Section 8. That 8-4-8 be AMENDED:
8-4-8. Except as otherwise provided in this section and 1-27-35, the clerk, treasurer, and supervisors may each receive an annual salary, plus compensation for each day necessarily devoted to the discharge of their official duties when attending to business in the township. The voters of each township shall establish the annual salary and the hourly or daily rate of compensation at the annual township meeting. In addition, the clerk, treasurer, and supervisors may also receive mileage compensation at the rate set pursuant to 3-9-1 when attending to the business of the township. The township board of supervisors shall limit the total amount of salary and compensation that the clerk, treasurer, and any one supervisor may receive in a year. Any salary and compensation limit established by the township board of supervisors does not apply to compensation received for road work.
Section 9. That 12-21-4.1 be AMENDED:
12-21-4.1. The members of the recount board shall receive mileage for the miles traveled each day of the recount