§ 204 — Reimbursement for travel and moving expenses upon initial appointment to state service

§ 204. Reimbursement for travel and moving expenses upon initial\nappointment to state service. 1. The appointing authority of a\ndepartment or agency of the state, subject to the regulations\nhereinafter mentioned and to the extent that appropriations are\navailable therefor, may reimburse a state officer or employee, upon his\ninitial appointment to a technical, scientific, educational,\nprofessional or administrative position in the service of the state for\nwhich there exists in New York state a shortage of qualified candidates,\nfor travel and moving expenses incurred in transporting himself, his\nfamily and his household effects to his new place of abode, provided\nsuch appointment reasonably requires a change in the place of his abode.\nPositions in the competitive class for which there are shortages of\nqualified candidates shall be determined by the state department of\ncivil service; for positions outside the competitive class such\ndetermination shall be made by the head of the department or agency in\nwhich the positions are authorized.\n 2. No payment shall be made to an officer or employee otherwise\neligible to receive travel and moving expenses pursuant to this section\nunless he shall agree in writing to return to the state monies received\nfor such expenses in the event that he resigns or voluntarily separates\nfrom the position to which he is initially appointed within one year of\nthe effective date of such appointment. The return of such funds to the\nstate shall not be required when the resignation or voluntary separation\nis the result of a transfer, reassignment, or promotion to another state\nposition in the same occupational field occurring more than six months\nfollowing the initial appointment, or by a transfer, reassignment or\npromotion at any time in the same geographic area if he would have been\neligible for reimbursement of travel and moving expenses upon an\noriginal appointment to the position to which he was transferred,\nreassigned or promoted. Monies owing to the state pursuant to this\nsubdivision may be deducted from any monies due or accruing to the\nemployee on resignation or separation or, if necessary, may be recovered\nby appropriate legal proceedings.\n 3. The director of the budget shall prescribe and amend regulations\nproviding for reimbursement for travel and moving expenses upon initial\nappointment to the state service. Such regulations may include, but need\nnot be limited to, provisions\n (a) prescribing standards, criteria, and procedures for determining\neligibility for reimbursement of travel and moving expenses, and\n (b) enumerating positions or classes or groups of positions for which\ntravel or moving expenses shall or shall not be payable, and\n (c) fixing maximum dollar limitations on reimbursement for travel and\nmoving expenses, and\n (d) excluding or limiting reimbursement for expenses of moving less\nthan a prescribed minimum distance or of moving household goods and\npossessions in excess of a prescribed maximum weight, or for storage or\nliving expenses.\n 4. Nothing in this section shall affect or impair the eligibility of\nany officer or employee of the state for the reimbursement of travel and\nmoving expenses in accordance with the provisions of section two hundred\ntwo of this article.\n 5. Reimbursement of travel and moving expenses pursuant to this\nsection shall be payable from monies appropriated and available to\ndepartments and agencies. Reimbursement of travel and moving expenses of\nemployees whose salaries are paid from a fund other than the general\nfund shall be a proper charge against such other fund. Such\nreimbursement shall not be deemed to constitute salaries for any of the\npurposes of the civil service law.\n