Government Codes PERTAINING TO TRAVEL REIMBURSEMENTS
These laws give the Director of the California Department of Human Resources (CalHR) the authority to reimburse certain expenses and to establish reimbursement rates and requirements. The CalHR Rules have been established to implement the provisions of these laws:
Government Code Section 11032 - Out-of-State Travel
Any state officer or employee of any state agency may confer with other persons, associations or organizations outside of the state whenever it may be of assistance to the state officer or agency in the conduct of its work, and actual and necessary traveling expenses shall be allowed such persons when traveling outside of the state, when such traveling and expenses have been approved by the Governor and by the Director of Finance or, in cases where the traveling involves only travel to and from places in states bordering upon this state, when approved by the Director of Finance, only. This section shall not apply to committees of the Legislature or of either house thereof nor to employees of any such committee nor to the Legislative Counsel or his employees.
Government Code Section 19820 - CalHR Director determines Rules/Regulations pertaining to expenses/reimbursements
The director shall adopt general rules and regulations doing all of the following:
- (a) Limiting the amount, time, and place of expenses and allowances to be paid to officers, employees, experts, and agents of the state while traveling on official state business. The rules and regulations shall provide for reasonable reimbursement to an officer, employee, expert, or agent of the state for expenses incurred by him or her to repair a privately owned vehicle which was damaged through no fault of the officer, employee, expert, or agent, if the damage occurred while the vehicle was used on official state business with the permission or authorization of an employing agency.
- As used in this subdivision, "officers and employees of the state" means all officers and employees of the state other than elected state officers, officers and employees of the state provided for in Article VI of the California Constitution, and officers and employees of the California State University. "Officers and employees of the state" is not limited by subdivision (d) of Section 19815.
- (b) Governing such matters as are specifically committed to the jurisdiction of the department.
- (c) Governing the computation of pay in the case of any employee on a monthly basis salary who is entitled to less than a full month's pay.
- If this section is in conflict with a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if any conflicting provision of a memorandum of understanding requires the expenditure of funds, that provision shall not become effective unless approved by the Legislature in the annual Budget Act.
Government Code Section 19822 - CalHR Director determines fair and reasonable value for certain items
- (a) The director shall determine the fair and reasonable value of maintenance, living quarters, housing, lodging, board, meals, food, household supplies, fuel, laundry, domestic servants and other services furnished by the state as an employer to its employees.
- The value so determined shall constitute the charges to be made to state employees for any such maintenance or other services furnished by the state, unless the employee is entitled thereto as compensation for his or her services or as actual and necessary expenses incurred in the performance of the state's business. Whenever a state employee is entitled to such maintenance or other services as part or full compensation for services rendered, the value thereof for retirement purposes, as defined by Section 20022, and for salary or wage fixing purposes, shall also be determined in accordance with the values established by the department hereunder. The director, by rule, shall provide for reasonable opportunity to be heard by departments or employees affected by this section.
- (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
Government Code Section 19822.5 - CalHR Director authorizes necessary expenditures (non-salaried assistance)
- The department shall by rule authorize such expenditures as are reasonably necessary for the meals, lodging, or travel of persons who provide nonsalaried assistance to the State Personnel Board or a designated appointing power in the preparation or conduct of written or oral examinations.
Government Code Section 19842 - CalHR Director authorizes payment of travel expense of applicants who are called for interview and all or a part of the travel and moving expense of persons who change their place of residence to accept employment with the state
- (a) For the purpose of facilitating either the recruitment of professional and technically trained persons to fill positions for which there is a shortage of qualified applicants or hiring to achieve goals developed pursuant to Section 19790, the department may authorize payment of all or a part of the travel expense of applicants who are called for interview and all or a part of the travel and moving expense of persons who change their place of residence to accept employment with the state. These payments shall be authorized only upon the certification of the appointing power and the department that the expenditure is necessary in order to recruit qualified persons needed by the state.
- If, for reasons that do not meet the approval of the state department concerned, the employee or applicant for employment does not accept or continue the employment for a period of two years, he or she shall reimburse the state department for the moving and travel expenses for the full or proportionate amount.
- For the purposes of this section, satisfactory reasons for not completing two years of employment shall be death, prolonged illness, disability, unacceptability of the applicant or employee to the state department, and similar eventualities beyond the control of the applicant or employee.
- (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
Updated November 4, 2010 at 8:19 AM.