N.Y. Comp. Codes R. & Regs. tit. 9 § 1640-10.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1640-10.1 - Travel regulations

The commissioner has established the following regulations as of April 1, 1956 with regard to the maximum traveling expense chargeable to State-aided projects.

(a) Travel outside the local area or involving subsistence allowance must have the prior approval of the division. For this purpose, the term local area shall mean generally the area within 25 miles of the local agency's office.

(b) Officials and agents of a local agency, serving without compensation, may be allowed a per diem allowance not in excess of $21 per day (exclusive of transportation) in lieu of the submission of an itemized travel claim. The division may allow amounts in excess of $21 per day, limited however, to a maximum of $25 per day, wherever a municipality in which the authority is situate has adopted rules regulating travel by officials and agents of the said municipality wherein higher allowances are provided for. In such cases the authority will be required to submit a certified copy of such rules and regulations to the division for its files. Similarly, any future amendments or changes in the municipality's rules and regulations are to be submitted to the division.

(c) Paid employees and agents of a local agency (such as lawyers and architects) may be allowed actual expenses not in excess of $14.50 per day (exclusive of transportation and incidentals) upon the submission of a signed and itemized travel claim supported by lodging receipt, approved by the local agency.

(d)

(1) A day consists of three meals and lodging commencing with the first expense incurred in the form of subsistence after leaving official station, including meals and sleeping accommodations en route. For the purpose of breaking down the per diem allowance to officials and agents of a local agency, serving without compensation, when the travel does not cover a full day, the following lump sum amounts may be allowed.

Lodging (including sleeping accommodations en route)... $12.00 .........

Over the breakfast hour... 1.50 .........

Over the lunch hour... 2.50 ...........

Over the dinner hour... 5.00 ..........

(2) The per diem allowance includes all incidentals such as taxis, carfares, telephone and telegraph, transfer of baggage, etc.

(e) Those claiming the per diem allowance must submit a signed claim for travel expense approved by the local agency, showing the purpose of the trip, place visited, and time of departure and return.

(f) The use of personally owned cars in travel should be restricted to those cases where it is to the advantage of the local agency. If travel by personally owned car has been properly authorized, by the local agency, a rate of not more than 10 cents per mile will be allowed for mileage on official business. Charges for insurance, garage, parking, gasoline, accessories, repairs, depreciation, alcohol, towage and other similar expenditures will not be allowed. Employees are expected to travel from their residence to their official station, and return, at their own expense.

(g) The foregoing regulations are intended to limit the travel expense chargeable to State-aided projects and are further subject to the budget allowance. Any local agency may further limit the maximum rates below those specified herein and the vouchers will be audited accordingly.

(h)

(1) The maximum rates specified have been established in the light of present day costs and may be amended if subsequent conditions warrant.

(2) Counsel for a local agency is classified as a paid agent of the local agency and is subject to the travel regulations governing paid employees and agents of the local agency.

(3) For the purpose of breaking down the maximum actual expenses (exclusive of transportation and incidentals) which may be allowed to paid employees and agents of the local agency when the travel does not cover a full day, the following shall govern:

Lodging (including sleeping accommodations en route)... $7.00 ................

Over the breakfast hour... 1.50 ................

Over the lunch hour... 2.00 ................

Over the dinner hour... 4.00 ................

(4) With respect to what constitutes the breakfast, lunch and dinner hours, the following time limits shall govern, unless sufficient and justifiable reasons are given by the traveler for exception thereto:

Travel by		Travel by
Common Carrier		Automobile
Departure	Arrival	Departure	Arrival
before	after	before	after
Breakfast	8:00 a.m.	7:00 a.m.	7:00 a.m.	8:00 a.m.
Lunch	12:30 p.m.	1:00 p.m.	11:30 a.m.	2:00 p.m.
Dinner	7:00 p.m.	6:00 p.m.	6:00 p.m.	7:00 p.m.

(5) Exhibit 6 of Appendix S-6 illustrates a travel expense voucher form which has been prepared for the convenience of the local housing authority. The details for meals and lodging required by items (1) and (3) of the form need not be furnished by officials or agents of the housing authority serving without compensation who are entitled to a per diem allowance. For such persons, the number of days involved and the per diem allowance should be listed under item (4), where whole days are involved. Where a portion of a day is involved, the applicable allowances for such officials and agents (as described under subd. [d] above) should be listed under items (1) and (3) of the enclosed form.

(6) The voucher should be prepared and approved by the local agency in duplicate, and both copies forwarded to the division for approval of the travel, subject to the audit of the cost thereof. The original copy will be returned to the local agency to support payment of the person authorized to travel.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1640-10.1