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Office of the New York State Comptroller

NYS Travel Information

 

NYCRR

Title 2
Department of Audit and Control

Chapter I

PART 8
TRAVELING EXPENSES
(Statutory authority:  State Finance Law, § 8[14], [16])

Sec.  
8.0 General
8.1 Expenses
8.2 Official station defined; limitations on traveling expenses imposed thereby
8.3 Transportation by common carrier
8.4 Transportation by personally owned vehicle or airplane
8.5 Transportation by State-owned vehicle
8.6 Transportation by rental vehicle
8.7 Meals and lodging
8.8 Telephone charges
8.9 Miscellaneous charges
8.10 Presentation of claims for travel expenses
8.11 Transmission of travel vouchers
8.12 Standard forms prescribed
8.13 Advance for travel expenses
8.14 Reimbursement of travel expenses of persons attending interviews for employment

 

Historical Note

Part (§§8.1‑8.14) repealed, new (§§8.0‑8.14)  filed: March 5, 1962; Oct. 4, 1962; Part  (§§8.0‑8.14) readopted, filed Aug. 9, 1965; repealed, new  (§§8.0‑8.17) filed April 21, 1971;  repealed, new (§§8.0‑8.14) filed Jan. 23, 2001 eff. Feb.  7, 2001.

§ 8.0  General. 

(a)  Of necessity these rules and regulations are general in nature  because of many varying  conditions existing in different State agencies. To carry out the  mission of using travel expense  funds economically, agencies are responsible for:

(1)  authorizing travel only when necessary;

(2)  maintaining proper control to see that travelers are not in a  travel status any longer than  assignments require;

(3)  selecting the method of travel whether air, train, bus, State  or personally owned or  rental vehicles;

(4)  designating the official station of each employee in the best  interests of the State;

(5)  authorizing attendance at conferences, seminars, and similar events.

(b)  The Comptroller, in consultation with the Director of Employee  Relations, may  periodically issue guidelines to define in greater detail the requirements  governing travel expenses.

Historical Note

Sec. filed March 5, 1962; repealed, new filed Oct. 4, 1962;  readopted, filed Aug. 9, 1965;  amd. filed Dec. 9, 1966; repealed, new filed: April 21, 1971; Jan.  23, 2001 eff. Feb. 7, 2001.

§ 8.1  Expenses. 

(a)  Reimbursable expenses.  Agencies are responsible to ensure that only actual, necessary  and reasonable expenses are reimbursed for official travel. A specific  statement of the official  business for which expenses were incurred is required under section  109 of the State Finance  Law. Travel expenses of a State employee incurred when traveling  from his or her home or  official station to report for promotional examinations or related  interviews may be reimbursed.  (See also section 8.13 of this Part.)

(b)  Nonreimbursable expenses.  Travel shall be by the most direct route. Any person  traveling by an indirect route shall assume any extra expense incurred.  Appropriate consideration will  be given for airline travel through hub airports. Expenditures for  laundry, valet service,  entertainment, and other personal charges will not be reimbursed.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965;  repealed, new filed: April 21, 1971; Jan. 23, 2001 eff. Feb. 7, 2001.

§ 8.2  Official station defined; limitations on traveling expenses  imposed thereby. 

(a)  Official station.  (1)  The official station of every employee shall be designated by  the  head of the agency. Such designation shall be in the best interests of the State and not for the convenience of an employee or to maximize travel expense reimbursement.  Every designation of the official station of an employee shall be subject to review by the Comptroller. If any designation of an official station is found to be inconsistent  with the provisions of this  Part, a request for travel expense reimbursement based upon such an inconsistent designation may be disapproved by the Comptroller.

(2)  No transportation costs will be allowed between any employee's  place of residence and  his or her official station. The place of residence is considered  to be the city or town in which  the employee primarily resides. Agency management retains discretion  in allowing  transportation costs to locations within the proximity of the official station.

(b)  Subsistence charges.  The expense of meals or lodging within the immediate vicinity  of  the official station will not normally be reimbursed unless it is  in the best interest of the State as  determined by the head of the agency's finance office and subject  to audit by the Comptroller.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965; amds.  filed: Oct. 14, 1965; Dec. 9, 1966; repealed, new filed: April 21,  1971; Jan. 23, 2001 eff. Feb.  7, 2001.

§ 8.3  Transportation by common carrier. 

(a)  General.  Travel should be by the most economical method. Coach and excursion  fares  should be used whenever possible. The passenger's coupon or receipt  shall accompany the  traveler's expense voucher. Customary and reasonable tips for porters  or sky caps are allowed.

(b)  Travel by air.  (1)  Air travel should be used only in those instances where it is  clearly  in the State's interest to do so.

(c)  Taxicab charges.  Appropriate taxicab charges will be allowed. Reasonable customary  tipping will be allowed.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965; amd.  filed Dec. 9, 1966; repealed, new filed: April 21, 1971; Jan. 23,  2001 eff. Feb. 7, 2001.

§ 8.4  Transportation by personally owned vehicle or airplane. 

(a)  Transportation by personally owned vehicles.  (1)  Limitations on use. It is the  responsibility of agencies to prevent incurring additional expense through  the use of personally owned  vehicles when common carrier service can be used without undue delay  in conducting official  business.

(2)  Rates.  (i)  The rate for authorized use of a personally owned vehicle will  be allowed  according to the applicable current employee collective bargaining  agreement or as  promulgated by the Comptroller. If a collective bargaining agreement applies,  the traveler shall be  entitled to expense reimbursement either at the mileage rate set  forth in the collective  bargaining agreement or, if the traveler is not represented by an  employee organization, at  the mileage rate established under regulations of the Internal Revenue  Service for the  deduction of business expenses.

(ii)  In a case where a common carrier could have been used but the  traveler chose, for his  own or her own convenience, to use a personally owned vehicle, travel  expense  reimbursement will be limited to an amount equal to the common carrier coach  fare for the same route  except when common carrier service would have caused the traveler  to leave or arrive home  at an unreasonable hour.

(3)  Charges.  (i)  Parking charges - meter, day and overnight charges. When a traveler is in an official travel status, necessary parking charges will be allowed.

(ii)  Charges for gasoline, accessories, repairs, depreciation, anti‑freeze,  towage and  other similar expenditures will not be allowed for personal vehicles.

(4)  Additional subsistence expense incurred as a result of using a  personally owned vehicle  when such use is not in the best interest of the State shall be disallowed.

(b)  Tolls.  (1)  In addition to the mileage rate payable in accordance with subdivision  (a) of  this section, reimbursement for tolls paid while traveling by personally  owned automobile or  motorcycle will be allowed.

(c)  Travel by personally owned motorcycle will be approved at either  the rate agreed to in the  employee collective bargaining agreements or the rate established  under Internal Revenue  Service regulations covering deductible business expenses, whichever  is higher.

(d)  Travel by privately owned airplane.  It is the responsibility of agencies to prevent   incurring additional expense through the use of personally owned  airplanes when common carrier  service can be used without undue delay in conducting official business.  In cases where travel by  air is justified, the expenses of authorized use of a privately owned  airplane on State business will  be reimbursed at the same mileage rate is in effect under Internal  Revenue Service regulations  covering deductible business expenses; except that if commercial  air transportation is available  between points of travel and no official passengers are carried on  a traveler's personally owned  airplane, travel expense reimbursement shall be limited to either  the published coach fare for  commercial air travel or the mileage rate established under Internal  Revenue Service regulations,  whichever is less. If a traveler is authorized by the agency head  to use his or her privately owned  plane on State business, his or her liability insurance policy must  be currently in force, provide  coverage of at least $1,000,000 and include the State of New York  as a named insured. The  insurer must be licensed by the State Insurance Department to conduct  business in New York  State. All claims for expense reimbursement based on the use of a  personally owned airplane shall  be subject to review by the Comptroller, and reimbursement may be  disapproved if determined to  be against the best interests of the State.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965; amds.  filed: Oct. 14, 1965; Dec. 9, 1966; repealed, new filed April 21,  1971; amd. Filed Dec. 21,  1977; repealed, new filed Jan. 23, 2001 eff. Feb. 7, 2001.

§ 8.5  Transportation by State‑owned vehicle. 

If a traveler uses a State‑owned vehicle, it should be indicated  on the voucher. Garage and  parking charges, and tolls will be reimbursed. Auto emergency supply  items will be reimbursed  only if documented by appropriate receipt attached to the travel  voucher.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; amd.  Filed Sept. 24, 1964; readopted,  filed Aug. 9, 1965; amd. Filed Oct. 14, 1965; repealed, new filed  April 21, 1971; amd. Filed  Dec. 21, 1977; repealed, new filed Jan. 23, 2001 eff. Feb. 7, 2001.

§ 8.6  Transportation by rental vehicle.  

Where reimbursement is sought for the expense of using a rental  vehicle, the appropriate  receipt must be submitted with the travel voucher. Reimbursement  will be allowed for a period  not to exceed 10 days for rental vehicles used within the State of  New York, unless there are  monies specifically appropriated or the vehicle is rented pursuant  to an OGS lease contract. There  is no time limitation on rental vehicles used for out‑of‑State travel.  (See State Finance Law,  section 43.)

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965; amd.  Filed June 28, 1968; repealed, new filed April 21, 1971; amds. Filed:  Dec. 19, 1973; Dec. 21,  1977; repealed, new filed Jan. 23, 2001 eff. Feb. 7, 2001.

§ 8.7  Meals and lodging. 

(a)  General limitations.  Meals and lodging within the immediate vicinity of a traveler's  official station or place of residence are not normally allowed.  (See section 8.2 of this Part.)

(b)  Time limits on meal allowances.  (1)  Breakfast expenses will be reimbursed for the  day the trip begins if an employee has to leave at least one hour  before his or her normal work  starting time.

(2)  Dinner expenses will be reimbursed for the day the trip ends if  an employee returns at  least two hours later than his or her normal work ending time.

(3)  Meals in other circumstances will be allowed at the discretion  of the head of the  agency's finance office.

(c)  Allowance to employees on Saturdays, Sundays and holidays.  Employees will be  allowed their expenses for meals and lodgings on Saturdays, Sundays  and holidays while engaged  in work in the field. When authorized by his or her agency, an employee  will be reimbursed for  expenses incurred while returning home over the weekend or on holidays.

(d)  Per diem rates.  (1)  The daily rates for hotel or motel lodging, meals, and incidental  expenses for travel assignments will be allowed in accordance with  the current employee  collective bargaining agreements or, for travelers not represented  by an employee organization,  by guidelines promulgated by the Comptroller in consultation with  the Director of Employee  Relations.

(2)  When an employee is in travel status for less than a full day  and incurs no lodging  charges, individual meal charges will be allowed according to rates  of the current employee  collective bargaining agreements or, for travelers not represented  by an employee organization,  by guidelines promulgated by the Comptroller in consultation with  the Director of Employee  Relations.

(3)  Employees will receive an additional travel expense reimbursement  for each weekend  they are in overnight travel status in accordance with the applicable  collective bargaining  agreement or, for travelers not represented by an employee organization,  by guidelines  promulgated by the Comptroller in consultation with the Director of Employee  Relations.

(e)  Original receipts for hotel, apartment, rooming house, specifying  date of occupancy and  rate paid are required.

(f)  Daily allowances may be granted to members of boards of visitors,  boards of trustees,  regents, members of visiting committees, and such other part‑time  nonsalaried persons engaged  in State service to provide for their travel‑related expenses.

(g)  Tax on occupancy of hotel rooms.  Lodging accommodations for State travelers on  official State business are exempt from room occupancy taxes in the  State of New York. Travelers  should use a State corporate credit card or an exemption certificate  in the form prescribed by the  Comptroller or the Commissioner of Taxation and Finance to claim  exemption.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965;  repealed, new filed: April 21, 1971; Jan. 23, 2001 eff. Feb. 7, 2001.

§ 8.8  Telephone charges. 

Claims for reimbursement for long distance telephone calls for  official business will be  reimbursed.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965;  repealed, new filed: April 21, 1971; Dec. 19, 1973; Jan. 23, 2001  eff. Feb. 7, 2001.

§ 8.9  Miscellaneous charges. 

(a)  Charges for transfer of baggage.  Charges for transfer of baggage will be reimbursed.

(b)  Assistance charge.  Whenever employees are traveling with patients, necessary  expenses for assistance will be allowed.

(c)  Expenses for conferences, seminars and other training activities.  A travel voucher for  expenses incurred when attending a conference or meeting of an association  or organization, a  seminar, or a similar event shall be accompanied by a copy of the  official program for the event.  Original receipts and sufficient information to justify both the  travel and other expenditures are  required. For State‑related conferences, seminars or other training  activities, the head of the  agency's finance office is authorized to approve reasonable rates  that exceed the maximum  allowable per diem rates set forth in the Comptroller's guidelines.

(d)  Other charges.  The expense of acquiring necessary supplies or other necessary  and  reasonable charges incidental to travel may be approved by the agency.

Historical Note

Sec. amd. Filed March 28, 1961; repealed, new filed: March  5, 1962; Oct. 4, 1962;  readopted, filed Aug. 9, 1965; amds. Filed: Sept. 27, 1965; Oct. 14,  1965; Dec. 9, 1966; Oct. 3,  1967; Feb. 1, 1968; Dec. 6, 1968; repealed, new filed April 21, 1971;  amds. Filed: Nov. 18,  1971; Dec. 19, 1973; Dec. 21, 1977; repealed, new filed Jan. 23,  2001 eff. Feb. 7, 2001.

§ 8.10  Presentation of claims for travel expenses. 

A travel expense voucher in the form prescribed by the Comptroller  shall be used for all claims  for travel expense, and each voucher shall contain the information  required by this section. The  voucher shall show purpose of travel, dates and items of expenditure,  points between which travel  occurred, and times of departure and arrival. If travel is by common  carrier, the name of the  common carrier shall be shown; if by auto, the statement of automobile  travel shall be attached.  The Comptroller may waive the submission of any information required  by this section or may  require the submission of other information reasonably required to  determine any claim for travel  expense reimbursement.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965;  repealed, new filed: April 21, 1971; Jan. 23, 2001 eff. Feb. 7, 2001.

§ 8.11  Transmission of travel vouchers. 

All travel vouchers shall be timely submitted through the administrative  finance office of the  employer's department at the end of the trip. Travel vouchers shall  be signed by the claimant, his  or her supervisor and the official authorized to approve the account.  Approval shall be by  authorized official other than the claimant. In his or her discretion,  the Comptroller may  promulgate procedures for electronic transmission of travel vouchers.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965;  repealed, new filed April 21, 1971; amd. Filed Dec. 21, 1977; repealed,  new filed Jan. 23, 2001  eff. Feb. 7, 2001.

§ 8.12  Standard forms prescribed. 

All forms to be used in connection with travel expense claims,  whether paper or electronic,  shall be prescribed by the Comptroller.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965; amd.  Filed Aug. 2, 1968; repealed, new filed: April 21, 1971; Jan. 23,  2001 eff. Feb. 7, 2001.

§ 8.13  Advance for travel expenses. 

Generally, agencies are expected to provide each agency traveler  with a credit care enabling the  traveler to charge traveling expenses directly to the State and to  avoid the need for the agency to  make an advance payment to a traveler for traveling expenses. However,  an agency may advance  funds to a traveler for traveling expenses when it is in the best  interests of the State to do so, and a  traveler shall account for such a payment upon completion of the  travel for which the payment  was advanced.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; March  13, 1963; readopted, filed  Aug. 9, 1965; amd. Filed Aug. 2, 1968; repealed, new filed April  21, 1971; amd. Filed Dec. 21,  1977; repealed, new filed Jan. 23, 2001 eff. Feb. 7, 2001.

§ 8.14  Reimbursement of travel expenses of persons attending interviews  for  employment.  

(a)  The appointing officer of an agency may authorize reimbursement  for travel expenses  necessarily incurred by candidates attending interviews for positions  for which there is a shortage  of qualified candidates. Positions in the competitive class for which  there are shortages of  qualified candidates shall be determined by the State Department  of Civil Service; for positions  outside the competitive class such determination shall be made by  the head of the agency in which  the positions are authorized.

(b)  Reimbursement will be allowed to candidates who reside over 50  miles from place of  interview.

(c)  Expenses may include transportation, food and lodging.

Historical Note

Sec. repealed, new filed: March 5, 1962; Oct. 4, 1962; readopted,  filed Aug. 9, 1965; amds.  Filed: Aug. 2, 1968; June 23, 1969; repealed, new filed: April 21,  1971; Jan. 23, 2001 eff. Feb.  7, 2001.

§ 8.15 

Historical Note

Sec. filed Feb. 7, 1967; amd. Filed Feb. 1, 1968; repealed,  new filed April 21, 1971; amds.  Filed: Nov. 18, 1971; Dec. 19, 1973; Dec. 21, 1977; repealed, filed  Jan. 23, 2001 eff. Feb. 7,  2001.

§ 8.16 

Historical Note

Sec. filed Oct. 6, 1966; amds. Filed: Dec. 9, 1966; Feb. 9,  1970; repealed, new filed April 21,  1971; repealed, filed Jan. 23, 2001 eff. Feb. 7, 2001.

§ 8.17  [Repealed] 

Historical Note

Sec. filed Dec. 9, 1966; repealed, new filed April 21, 1971;  repealed, filed Dec. 19, 1973 eff.  April 1, 1973.