AAC-46-10-00005-P Official Station and Limitations of Traveling Expenses

11/17/10 N.Y. St. Reg. AAC-46-10-00005-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 46

November 17, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF AUDIT AND CONTROL

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAC-46-10-00005-P

Official Station and Limitations of Traveling Expenses

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 8.2 and 8.13 of Title 2 NYCRR.

Statutory authority:

State Finance Law, sections 8 and 109

Subject:

Official station and limitations of traveling expenses.

Purpose:

To clarify the regulation and correct a typographical error.

Text of proposed rule:

2 NYCRR § 8.2 is amended as follows:

§ 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. Transportation costs will be allowed when an employee is traveling to or from an alternate work location that is thirty-five miles or less from the employee's official station or the employee's home. Reimbursement will be at the appropriate mileage rate for the mileage between either: (a) the employee's home and the alternate work location, or (b) the employee's official station and the alternate work location, whichever mileage is less. Agency management retains discretion to establish a reasonable reimbursement policy that provides for higher reimbursement when the employee travels to or from an alternate work location within thirty-five miles from 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.

Text of proposed rule and any required statements and analyses may be obtained from:

Wendy H. Reeder, Esq., Office of the State Comptroller, 110 State Street, Albany, New York 12236, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jamie L. Elacqua, Esq., Office of the State Comptroller, 110 State Street, Albany, New York 12236, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

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 make regulations as deemed necessary in the performance of his or duties imposed under law.

2. Legislative objectives: The Comptroller has recently issued new guidelines and the rule is necessary to harmonize the travel guidelines with the travel regulations. Also amended by this rule is correcting a typographical error in section 8.13.

3. Needs and benefits: This rule creates the "lesser mileage" rule. It is intended to provide for minimum compensation for state employees traveling within thirty-five miles of their home or official work station to an alternate work location.

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 pay mileage at a higher rate than the minimum rate and currently pay more allowed by the lessor mileage rule. Additionally, many travelers do not charge when traveling to an alternate work location, since the increase in mileage is usually small amounts. The fact that State agencies may continue to pay more and there is no way to determine how many travelers will charge for their mileage to an alternate work location makes the potential for increase of costs unquantifiable.

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: There are no new reporting requirements or other paperwork as result of this rule.

7. Duplication: There is no duplication.

8. Alternatives: No significant alternatives were considered.

9. Federal standards: There is no lesser mileage rule for federal employee travel.

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

Regulatory Flexibility Analysis

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.

Rural Area Flexibility Analysis

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

2. Reporting, recordkeeping and other compliance requirements; and professional services: No new requirements are applicable.

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 Public Employees Federation, the Governor's Office of Employee Relations and other unions which represent state employee interests in both urban and rural areas.