Section 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 for travel between any employee's [place of residence] home and his or her official station. The [place of residence] home is considered to be the [city or town in which] location where the employee primarily resides. [Agency management retains discretion in allowing transportation costs to locations within the proximity of the official station.]

(3) Travel in proximity of official station. When an employee is traveling to or from an alternate work station that is thirty-five miles or less from the employee’s official station or the employee’s home, the employee will be reimbursed for such travel at the appropriate mileage rate for the mileage between either: (i) the employee’s home and the alternate work station; or (ii) the employee’s official station and the alternate work station, whichever mileage is less. Agency management retains the discretion to establish a reasonable reimbursement policy providing for higher reimbursement when the employee travels to or from an alternate work station within thirty-five miles of the employee’s home or his or her 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.

Section 8.13 Advance for travel expenses

Generally, agencies are expected to provide each agency traveler with a credit [care] card 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.

1. Statutory authority: Section 109 of the State Finance Law provides that State employees shall receive reimbursement for actual and necessary transportation expenses pursuant to the Comptroller's rules, regulations and guidelines. Additionally, section 8 of the State Finance Law provides that the Comptroller may promulgate regulations as deemed necessary in the performance of his or duties imposed under law.

2. Legislative objectives: Amendment to this regulation saves the State money by clarifying what is reimbursable for employee travel. This is in accordance with the intent of section 109 of the State Finance Law.

3. Needs and benefits: Although this rule applies to all State employees, it is needed to implement a recent agreement between the State and the Public Employees Federation. It will provide a method for calculating the minimum amount the State will reimburse State employees for transportation costs when traveling within thirty-five miles of their home or official work station to an alternate work station.

This rule also makes several technical changes relating to terminology and corrects a typographical error in section 8.13.

4. Costs: There is no readily available method to calculate the costs associated with this rule; however we believe this rule will be cost neutral. State agencies have the discretion to establish a policy providing for higher reimbursement than the amount arrived at utilizing the "lesser mileage" rule and currently some state agencies do so. Additionally, many state employees do not request reimbursement for mileage when traveling to an alternate work location, since the reimbursement amounts are usually minimal. As a result, the potential costs, if any, associated with the rule are not quantifiable.

5. Local government mandates: No duty, service or responsibility is imposed by the rule upon any county, city, town, village, school district, fire district or other special district.

6. Paperwork: Agencies and employees will be required to record and report information concerning travel within 35 miles of an employee's home or official station however, in most cases, this is current practice.

7. Duplication: There is no duplication.

8. Alternatives: No significant alternatives were considered.

9. Federal standards: Amendment to the regulation does not exceed any minimum standard of the federal government for the same of similar subject area.

10. Compliance schedule: It is estimated that regulated persons will be able to achieve compliance with this rule immediately.

1. Effect of rule: This rule will not impact small businesses or local governments since they are not regulated entities pursuant to this rule.

2. Compliance requirements: There will be no reporting, recordkeeping, or other affirmative acts that a small business or local government will have to undertake to comply with the rule.

3. Professional services: No professional services are needed for small businesses or local government to comply with this rule.

4. Compliance costs: There are no compliance costs associated with this rule for small businesses or local governments.

5. Economic and technological feasibility: Not applicable since small businesses and local governments are not regulated entities pursuant to this rule.

6. Minimizing adverse impact: Not applicable since small businesses and local governments are not regulated entities pursuant to this rule.

7. Small business and local government participation: Not applicable since small businesses and local governments are not regulated entities pursuant to this rule.

1. Types and estimated numbers of rural areas: This rule will apply to all State agencies that are located in rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services: Agencies and employees will be required to record and report information concerning travel within 35 miles of am employee's home or official station but in most cases this is already being done.

3. Costs: This rule will require State agencies in rural areas to compensate State employees in accordance with the rule.

4. Minimizing adverse impact: This rule will not adversely impact rural areas.

5. Rural area participation: This rule was proposed with input from the Governor's Office of Employee Relations, the Public Employees Federation, and other unions which represent the interests of State employees in both urban and rural areas.