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                                                                   May 29, 1974

Honorable Charles R. Byrd
Okanogan County Prosecuting Attorney
Post Office Box 109
Okanogan, Washington 98840                                                                                                                                                 Cite as:  AGLO 1974 No. 106

Dear Mr. Byrd:
 
            Your letter of May 2, 1974 asking whether a Board of County Commissioners may authorize payment, as expense reimbursement, for the use by county employees of their own automobiles at a rate in excess of ten cents ($.10) per mile, has been referred to the undersigned for a response.
 
                                                                     ANALYSIS
 
            The direct answer to your question is in the affirmative.  That is, a Board of County Commissioners may, effective as of July 24, 1974, utilize a rate higher than ten cents ($.10) per mile for travel expense reimbursement purposes.
 
            A copy of Engrossed House Bill 150 is enclosed for your information.  As you can see, enactment of this bill would have amended RCW 36.17.030 to allow the legislative bodies of the several counties to fix a rate other than ten cents ($.10) per mile for expense reimbursement.  However, as eventually passed, House Bill 150 simply repealed RCW 36.17.030 outright.  (Ch. 24, Laws of 1974, 1st Ex. Sess., copy enclosed.)  Lacking an emergency clause, this repealer will take effect 90 days after adjournment (April 24, 1974); i.e., on July 24, 1974.  The fact that RCW 36.17.030 was repealed does not, however, mean that there is no longer any authority to reimburse county employees for the use of their personal automobiles on county business.  An independent grant of such authority may be found in RCW 42.24.090, which provides, in pertinent part, as follows:
 
            ". . . unless otherwise authorized by law, the legislative body of any municipal corporation or political subdivision of the state may prescribe by ordinance or resolution the amounts to be paid officers or employees thereof as reimbursement for the use of their personal automobiles or other transportation equipment in connection with officially assigned duties and other travel for approved public purposes, or as reimbursement to such officers or employees in lieu of actual expenses incurred for lodging, meals or other purposes.  The rates for such reimbursements may be computed on a mileage, hourly, per diem or other basis as the respective legislative bodies shall determine to be proper in each instance."
 
             [[Orig. Op. Page 2]]
            The repeal of RCW 36.17.030 means that since, as to county employees, there is no other law authorizing such travel reimbursement, RCW 42.24.090 constitutes the authority by virtue of which a Board of County Commissioners could establish a mileage rate higher than ten cents ($.10) per mile.
 
            I trust that this will be of assistance to you.
 
Very truly yours,

DONALD FOSS, JR.
Assistant Attorney General