ARC 5981C

ARC 5981C

ADMINISTRATIVE SERVICES DEPARTMENT[11]

Notice of Intended Action

Proposing rule making related to out-of-state travel approval

and providing an opportunity for public comment

The Administrative Services Department hereby proposes to amend Chapter 41, "Auditing Claims," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 8A.104, 17A.3 and 17A.4.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 8A.512A(2)"a" as amended by 2021 Iowa Acts, Senate File 314.

Purpose and Summary

These proposed amendments comport with 2021 Iowa Acts, Senate File 314. This legislation amends Iowa Code section 8A.512A(2)"a," which pertains to out-of-state travel for state employees, by allowing an agency director's designated representative to approve an electronic travel authorization form. This option allows for more efficiency in state government.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department's rules concerning waivers.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m.on November 10, 2021. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Amend rule 11—41.4(8A) as follows:

11—41.4(8A) Authorization for travel.

41.4(1) Approval by administrative head of the agency. All official travel shall be authorized by the administrative head of the agency or the designated representative, prior to the travel whenever possible.

41.4(2) Out of state. Official travel out of the state for any executive branch employee must receive prior electronic authorization on the Travel Department Authorization form from the administrative head of the agency or the designated representative.

41.4(3) Requests for out-of-state travel. All requests for out-of-state travel shall be on a form approved by the administrative head of the agency and shall include information required by Iowa Code section 8A.512A.

41.4(4) Most economical or advantageous mode of travel. Reimbursement for transportation approved by the administrative head of the agency or the designated representative shall be for the most economical or advantageous mode and by the usually traveled route.

Item 2. Amend subrule 41.5(1) as follows:

41.5(1) Airline travel accommodations. When the administrative head of the agency or the designated representative determines that airline travel is the most economical or advantageous to the state, the use of airline travel may be authorized. The most economical mode of airline travel is considered to be coach or economy class, if available.

Item 3. Amend paragraph 41.5(4)"b" as follows:

b. Out of state. If the traveler desires to use a personally owned vehicle instead of common carrier and it is authorized by the administrative head of the agency or the designated representative, the cost of mileage (not to exceed airfare) to the destination's nearest air terminal, plus expenses incurred to final destination and subsistence allowance en route will be allowed. Out-of-state subsistence allowance will be allowed only for the number of meals and nights lodging which would have been necessary had the traveler used the available public transportation to destination instead of a private vehicle. Taxi or mileage expenses will be allowed at the destination if the expenses are incurred while the traveler is on official business.

If two or more travelers on official business travel in one privately owned vehicle instead of common carrier, the use of one vehicle may be authorized on a mileage basis not to exceed the statutory limit per mile.

Item 4. Amend subrule 41.5(6) as follows:

41.5(6) Assignment of more than one employee to a vehicle. In authorizing the use of privately owned or state-owned vehicles, the agency head administrative head of the agency or the designated representative shall, whenever possible, assign more than one employee to the use of one vehicle.

Item 5. Amend subrule 41.7(8) as follows:

41.7(8) Registration fees. The payment of registration fees which are required for participation in meetings shall be allowed. Registration fees shall be supported by the official receipt of the conference or convention subject to the following limitations:

a. Expenditures for payment of registration fees for the purpose of obtaining the privileges of membership or other personal benefits from an organization are not reimbursable. Memberships in organizations must be in the name of the state agency and have approval of the director of the department or designated representative requesting the membership and of the director of the department of management and shall be published to the Iowa transparency Internet site established by Iowa Code section 8G.4.

b. and c. No change.

Item 6. Amend paragraph 64.10(2)"c" as follows:

c. If attendance is outside the state of Iowa, travel must be authorized by the head of the employee's department pursuant to Iowa Code section 8A.512A(2)"a." 8A.512A(2)"a" as amended by 2021 Iowa Acts, Senate File 314.