 |
| PART 102.
Reimbursement Of Traveling Expenses In Connection With Performance
Of Judicial Duties |
102.00 General
102.01 Transportation expenses
102.02 Meals, lodging and incidental expenses
102.03 Apartment rental and long-term rental
arrangements
102.04 Preparation and submission of expense
vouchers
102.05 Change of residence or chambers
102.06 Reimbursement for intracounty travel |
| Section
102.00 General.
(a) This Part shall apply to the reimbursement of expenses
designated herein incurred by a judge of the Court of Appeals, a justice of the Supreme
Court, including a justice of the Appellate Division or Appellate Term, and a judge of the
Court of Claims, County Court, Surrogate’s Court, Family Court, District Court, and Civil
and Criminal Court of the City of New York, and a full-time judge of a City Court outside
the City of New York, who is assigned to perform judicial duties outside the county wherein
such judge is provided chambers.
(b) Subject to the provisions of this Part, each judge or
justice to whom subdivision (a) of this section applies shall
receive actual and necessary transportation expenses, and
shall also receive such other necessary expenses, including
meals, lodging and incidentals, not to exceed the rate determined
by the Chief Administrator of the Courts, as such judge or
justice shall actually and necessarily incur.
(c) For the purposes of reimbursement of expenses under
this Part, the City of New York shall be deemed to be one
county. No judge of any court in New York City who is assigned
to perform judicial duties in another county in New York City
shall be entitled to reimbursement of expenses under this
Part.
(d) The reimbursement of expenses provided for in this Part
shall be the exclusive method of reimbursing each judge or
justice for such expenses.
(e) Each judge or justice shall provide sufficient personal
funds to cover all expenses in the first instance.
(f) The Chief Administrator, in consultation with the presiding
judge of the Court of Claims, shall designate for Court of
Claims judges the county in which chambers are provided or
deemed to be provided for the purposes of this Part.
(g) Reimbursement of expenses in connection with the performance
of judicial duties outside of New York State shall require
the prior approval of the Chief Administrator and shall be
allowed only at a daily rate to be fixed by the Chief Administrator.
Historical Note
Sec. added by renum. and amd. 1.0, filed Feb. 2, 1982; amds.
filed: April 26, 1984; Sept. 28, 1987; June 23, 1989; July
5, 1994 eff. April 25, 1994. Amended (b), (f).
Amended 102.0(a) on July 18, 2007 [previous version] |
|
| Section
102.01 Transportation expenses.
Reimbursement for transportation expenses incurred pursuant
to this Part shall be allowed in accordance with the following
regulations:
(a) Personally owned automobile. When transportation is
provided by personally owned automobile, a judge or justice
shall be reimbursed at a rate determined by the Chief Administrator.1 In addition, parking charges and bridge and highway tolls
shall be reimbursed. Reimbursement for gasoline, insurance,
repairs, depreciation, towage and all other operating costs
is included in the mileage rate.
(b) Car rental. Reimbursement of expenses for use of a rental
car shall be allowed in exceptional cases, provided that adequate
proof of need and of the expenses incurred is provided, and
prior approval is obtained from the Chief Administrator. Parking
charges and bridge and highway tolls shall be reimbursed.
(c) Publicly owned cars. Judges or justices traveling by
cars owned by the State or a political subdivision of the
State shall so indicate on the expense voucher, giving the
license number of the vehicle. Parking charges and bridge
and highway tolls shall be reimbursed. Claims for expenses
for emergency items and repairs made for cars owned by the
State or a political subdivision shall be supported by appropriate
receipts. All State vehicles operating in or near Albany shall,
when possible, be serviced in the State garage rather than
at service stations.
(d) Common carrier. When transportation is by common carrier,
reimbursement of fare shall be allowed. When transportation
is by air, or by first class, Pullman or similar rail accommodation,
copies of tickets or similar documentation shall be attached
to the expense voucher. When air travel is used, less than
first class accommodations should be utilized whenever possible.
Payments for taxicab, airport limousine, tips or other expenses
necessarily incurred in connection with the use of common
carrier shall be allowed.
1.
Effective Nunc Pro Tunc Dec. 1, 1988.
Historical Note
Sec. added by renum. and amd. 1.1, filed Feb. 2, 1982; amds.
filed: Aug. 20, 1984; Feb. 25, 1993 eff. nunc pro tunc as
of Dec. 1, 1988. Amended (a). |
|
| Section
102.02 Meals, lodging and incidental expenses.
(a) Total allowances for meals, lodging and incidental expenses
incurred pursuant to this Part shall not exceed the rate determined
by the Chief Administrator. Specific expenses for all or part
of a day in travel status shall be reimbursed in accordance
with maximum rates established by the Chief Administrator.
Miscellaneous expenses for items such as baggage transfer
and tips to porters are included under the allowance for lodging
and incidentals.
(b) Reimbursement of miscellaneous expenses in connection
with travel (such as telephone calls or telegrams) shall be
allowed, whether or not an expense for lodging was incurred.
(c) Receipts or other proof of expenses for overnight lodging
shall be supplied with the expense voucher. Receipts for meals
and incidentals need not be supplied with the expense voucher,
but claims for meals and incidental or miscellaneous expenses
shall be itemized on the voucher.
(d) A judge or justice traveling to or from the county wherein
he or she is provided chambers, in the performance of his
or her judicial duties, shall be reimbursed for a meal or
meals taken in any place if necessarily purchased in connection
with such travel.
(e) A judge or justice traveling on judicial business is
exempted from State and local taxes for lodgings. Exemption
certificate (form AC 946) shall be used at the hotel or motel
to avoid payment of such taxes.
(f) A judge or justice who is continuously assigned to official
duties outside the county in which he or she is provided chambers
may remain in the county of assignment over weekends and on
holidays, or may return home. If he or she elects to remain
in the county of assignment, he or she shall be reimbursed
pursuant to the rates referred to in subdivision (a) of this
section for expenses incurred on Saturdays, Sundays and holidays
for meals, lodgings and incidentals. If he or she returns
home, he or she shall be reimbursed only for transportation
expenses, and for a meal or meals in accordance with subdivision
(d) of this section.
Historical Note
Sec. added by renum. and amd. 1.2, filed Feb. 2, 1982; amds.
filed: April 26, 1984; Sept. 28, 1987; June 23, 1989; July
5, 1994 eff. April 25, 1994. Amended (a), (f). |
|
| Section
102.03 Apartment rental and long-term rental arrangements.
If a judge or justice rents an apartment or hotel or motel
room other than at a daily rate, the Chief Administrator may
permit reimbursement for lodging expenses at a rate to be
determined by the Chief Administrator not to exceed the rate
for lodging determined by the Chief Administrator pursuant
to section 102.2(a)2 of this Part for each night when the judge
or justice actually stayed overnight in the rented premises,
provided that:
(a) the provisions of subdivision (c) of section 102.2 of
this Part are satisfied as to each night's lodging expenses
for which the judge or justice seeks reimbursement;
(b) prior approval of the rental arrangement is given by
the Chief Administrator;
(c) a copy of the rental agreement is filed with the Chief
Administrator;
(d) the total reimbursement of expenses for lodging in any
period shall not exceed the rent for that period; and
(e) where the amount payable as reimbursement during any
one month exceeds the monthly rent, the excess amount payable
as reimbursement can be used as an offset against the rent
for the same premises for another month during which the amount
payable as reimbursement was not sufficient to meet the monthly
rent. No judge or justice will be reimbursed for other than
actual and necessary expenses for lodging necessitated by
the conduct of judicial business.
2.
Effective Nunc Pro Tunc July 1, 1979.
Historical Note
Sec. added by renum. and amd. 1.3, filed Feb. 2, 1982; amds.
filed: Feb. 25, 1993; July 5, 1994 eff. April 25, 1994. |
|
| Section
102.04 Preparation and submission of expense vouchers.
Expense vouchers for reimbursement pursuant to this Part
shall be submitted in accordance with the following requirements:
(a) Original copies of evidence of overnight stay, travel
by air or by first class, Pullman or similar rail accommodation,
car rental, apartment rental and long-term lodging arrangements,
if any, shall be attached to the expense voucher (JC 2007).
(b) In cases where extended assignment is authorized, the
expense voucher shall be submitted semi-monthly, the first
voucher covering the 1st to the 15th of each month, inclusive,
and the second voucher covering the 16th to the last day
of the month. All vouchers shall be submitted for processing
no later than 45 days after the trip or completion of the
assignment.
(c) Judges of the Court of Appeals and justices of the Appellate
Divisions shall submit their expense vouchers to the clerk
of their respective court, who shall submit such vouchers
to the State Department of Audit and Control for processing.
Justices temporarily assigned to a particular Appellate Division
shall submit their expense vouchers to the clerk of that Appellate
Division.
(d) A judge or justice who is assigned to a court that is
under the jurisdiction of the deputy Chief Administrator of
the Courts within the City of New York shall submit his or
her expense voucher to the office of the Deputy Chief Administrator
of the Courts within the City of New York for processing.
(e) A judge of the Court of Claims who is assigned to the
Court of Claims shall submit his expense voucher to the clerk
of the Court of Claims, who shall submit such voucher to the
State Department of Audit and Control for processing.
(f) All other judges and justices shall submit their expense
vouchers to the administrative judge of the judicial district
to which the judge or justice is assigned, who shall submit
them to the State Department of Audit and Control for processing.
Historical Note
Sec. added by renum. and amd. 1.4, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
|
| Section
102.05 Change of residence or chambers.
If a judge or justice of any court designated under this
Part moves his or her place of residence or chambers outside
the county in which he or she resided at the time of election
or appointment, such judge or justice is not entitled to receive
greater reimbursement for travel than he or she would have
received had he or she not moved, unless the Chief Administrator
of the Courts specifically approves.
Historical Note
Sec. added by renum. and amd. 1.5, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
|
| Section
102.06 Reimbursement for intracounty travel.
Traveling expenses incurred by a judge or justice to whom
subdivision (a) of section 102.0 of this Part applies, during
the performance of judicial duties within the county in which
he or she is provided chambers, will be reimbursed if such
travel occurred in accordance with a plan submitted, by an
administrative judge on behalf of one or more judges or justices,
to the Chief Administrator of the Courts, and approved by
the Chief Administrator
Historical Note
Sec. added by renum. and amd. 1.6, filed Feb. 2, 1982 eff.
Jan. 1, 1982.
Amended 102.6 on Nov. 15, 2007 [previous version] |
|
|
