"5-2-302. Compensation and expenses when legislature not in session. When the legislature is not in
session, a member of the legislature, while engaged in legislative business with prior authorization of the
appropriate funding authority, is entitled to:
(1) a mileage allowance as provided in 2-18-503;
(2) expenses as provided in 2-18-501 and 2-18-502; and
(3) a salary equal to one full day's pay at the rate described in 5-2-301(1) for each 24-hour period of time
(from midnight to midnight), or portion of a 24-hour period, spent on authorized interim or administrative
committee legislative business or as otherwise provided by law. However, if time spent for business other
than authorized legislative interim or administrative committee business or business related to 5-11-
305 results in lengthening a legislator's stay away from home into an additional 24-hour period, the legislator
may not be compensated for the additional day.”
Summary of Statutes Governing Travel Reimbursement
Section 2-18-501 governs the reimbursement to persons in state service for the cost of meals, lodging and
transportation. It establishes the limits listed on the front of the form and authorizes reimbursement of reasonable
transportation costs and other necessary business expenses subject to proper documentation. All commercial air
travel must be by the least expensive class service available. Tips are not reimbursable expenses.
Section 2-18-502 governs computation of meal allowance. Meal reimbursements are limited to the amounts shown
on the form. A legislator attending an interim meeting is entitled to a midday meal allowance for that day regardless
of the proximity of the meeting to home. Otherwise, members should be in a travel status to claim meals.
Section 2-18-503 governs the mileage allowance. Reimbursement is made for miles traveled in the performance of
official duties. The rate is based on the current mileage allotment, as allowed by the IRS, for the first 1,000 miles
and 3 cents per mile less for all miles thereafter traveled within a given calendar month. Members who use their
own airplanes in the performance of official duties are entitled to collect mileage only for the nautical air miles
actually traveled, at a rate of twice the mileage allotment for automobile travel.
The statutes discussed above authorize the Department of Administration to adopt rules governing travel expenses.
Those rules are found in Title 2, Chapter 4, Sub-Chapter 1, Administrative Rules of Montana. Travel policy is found
in the Montana Operations Manuals, Volume 1, Chapter 0300.
Travel authorizations and claims may be reviewed by appropriate legislative leaders and committee chairmen.
Guidelines for Evaluating Reasonableness of Claims Adopted by the Legislative Council
The following guidelines are used to determine if time spent away from home reasonably falls within the context
of authorized legislative business:
1. Overnight lodging is reasonable when the member would be required to leave home earlier than 6:30
a.m. or arrive home later than 6:30 p.m. in order to have attended all of the meeting or have conducted
all of the authorized legislative business. To compute whether this would be required, an average travel
speed (overall, including incidental stops) of 50 miles an hour is used. The one-half hour immediately
preceding and immediately following a meeting or activity is an in-town travel shift and considered to be
part of the total meeting schedule for the purposes of the reasonableness computation.
2. A legislator is entitled to a day's salary when necessarily away from home for authorized legislative
business or as otherwise provided by law. A member is considered necessarily away from home on the
day of a meeting or other authorized legislative activity and on any other day when travel qualified under
#1 above is required.
3. Subject to statute, a meal falling within reasonable travel times may be claimed.
Special circumstances are considered in determining reasonableness. Such circumstances may include
inclement weather, a legislator’s health, variables related to flying instead of driving, and schedule conflicts
which require a member to choose a more expensive mode of travel in order to participate in the legislative
activity. Special circumstances should be clearly presented on the claim form.
