63A-3-106 - Per diem rates for state officers and employees. - Utah Statutes

63A-3-106. Per diem rates for state officers and employees.
(1) As used in this section and Section 63A-3-107:
(a) "Board" means a board, commission, council, committee, task force, or similar bodyestablished to perform a governmental function.
(b) "Executive branch" means all departments, divisions, agencies, boards, and officeswithin the executive branch of state government.
(c) "Governmental entity" has the same meaning as provided under Section 63G-2-103.
(d) "Higher education" means a state institution of higher education, as defined underSection 53B-1-102.
(e) "Officer" means a member of a board or a person who is elected or appointed to anoffice or position within a governmental entity.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, andsubject to approval by the executive director, the director of the Division of Finance shall makerules establishing per diem rates to defray subsistence costs for attendance at an official meetingof a board of which the officer or employee is a member.
(3) Unless otherwise provided by statute, a per diem rate established under Subsection(2):
(a) is applicable to an officer or employee of the executive branch, except as providedunder Subsection (3)(b);
(b) is applicable to an officer or employee of higher education, unless higher educationpays the costs of the per diem; and
(c) may be applicable to an officer or employee of a government entity that is notincluded under Subsection (3)(a), if the government entity adopts the per diem rates by referenceto:
(i) this section; or
(ii) the rule establishing the per diem rates.
(4) (a) Unless otherwise provided by statute, a member of a board may receive per diemunder this section and travel expenses under Section 63A-3-107 when the per diem and travelexpenses are incurred by the member for attendance at an official meeting of a board.
(b) Notwithstanding the provisions of Subsection (4)(a), a member may not receive perdiem or travel expenses under this Subsection (4) if the member is being paid as an officer oremployee of a governmental entity while performing the member's service on the board.
(5) A member of a board may decline to receive per diem for the member's service.

Amended by Chapter 25, 2009 General Session