N.Y. State Finance Law § 204: Reimbursement for travel and moving expenses upon initial appointment to state service

§ 204. Reimbursement for travel and moving expenses upon initial

appointment to state service. 1. The appointing authority of a

department or agency of the state, subject to the regulations

hereinafter mentioned and to the extent that appropriations are

available therefor, may reimburse a state officer or employee, upon his

initial appointment to a technical, scientific, educational,

professional or administrative position in the service of the state for

which there exists in New York state a shortage of qualified candidates,

for travel and moving expenses incurred in transporting himself, his

family and his household effects to his new place of abode, provided

such appointment reasonably requires a change in the place of his abode.

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 department or agency in

which the positions are authorized.

2. No payment shall be made to an officer or employee otherwise

eligible to receive travel and moving expenses pursuant to this section

unless he shall agree in writing to return to the state monies received

for such expenses in the event that he resigns or voluntarily separates

from the position to which he is initially appointed within one year of

the effective date of such appointment. The return of such funds to the

state shall not be required when the resignation or voluntary separation

is the result of a transfer, reassignment, or promotion to another state

position in the same occupational field occurring more than six months

following the initial appointment, or by a transfer, reassignment or

promotion at any time in the same geographic area if he would have been

eligible for reimbursement of travel and moving expenses upon an

original appointment to the position to which he was transferred,

reassigned or promoted. Monies owing to the state pursuant to this

subdivision may be deducted from any monies due or accruing to the

employee on resignation or separation or, if necessary, may be recovered

by appropriate legal proceedings.

3. The director of the budget shall prescribe and amend regulations

providing for reimbursement for travel and moving expenses upon initial

appointment to the state service. Such regulations may include, but need

not be limited to, provisions

(a) prescribing standards, criteria, and procedures for determining

eligibility for reimbursement of travel and moving expenses, and

(b) enumerating positions or classes or groups of positions for which

travel or moving expenses shall or shall not be payable, and

(c) fixing maximum dollar limitations on reimbursement for travel and

moving expenses, and

(d) excluding or limiting reimbursement for expenses of moving less

than a prescribed minimum distance or of moving household goods and

possessions in excess of a prescribed maximum weight, or for storage or

living expenses.

4. Nothing in this section shall affect or impair the eligibility of

any officer or employee of the state for the reimbursement of travel and

moving expenses in accordance with the provisions of section two hundred

two of this article.

5. Reimbursement of travel and moving expenses pursuant to this

section shall be payable from monies appropriated and available to

departments and agencies. Reimbursement of travel and moving expenses of

employees whose salaries are paid from a fund other than the general

fund shall be a proper charge against such other fund. Such

reimbursement shall not be deemed to constitute salaries for any of the

purposes of the civil service law.