Cal. Code Regs. tit. 2 § 706

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 706 - Subsistence Allowance

When state officers and employees are on travel status as defined in this Article, payment of a subsistence allowance will be authorized by the Board of Control for both in-state and out-of-state travel. The circumstances of travel will determine the rate allowed. Agencies will authorize payment for lodging, meals and incidental expenses as claimed by the employee in accordance with Section 706(c). Each agency will be responsible for determining which of the following allowances is applicable:

(a) In-State Subsistence Allowance.

(1) Short-Term Allowance. A short-term allowance will be authorized when the circumstances and duration of travel are such that the traveler incurs expenses comparable to those arising from the use of good, moderately priced establishments, catering to the general public. The short-term allowance is intended for trips of such duration that weekly or monthly rates are not obtainable.

(2) Long-Term Allowance. A long-term allowance will be authorized when the circumstances of travel are such that the traveler incurs expenses in one location comparable to those arising from the use of establishments catering to the long-term visitor.

(A) An employee on long-term field assignment away from his headquarters who maintains a permanent residence elsewhere while living at the job location will be authorized the full allowance provided one of the following conditions exists:

1. Permanent residence is occupied by employee's dependents, or

2. Permanent residence is being maintained at a net expense to him in excess of $200 per month.

To qualify for this allowance, an employee must submit whatever evidence his agency may require substantiating the existence of either condition 1 or 2.

(B) An employee on long-term field assignment away from his headquarters who does not maintain a permanent residence away from the job site in accordance with Section 706(a)(2)(A) will be authorized an allowance equal to one-half the amount of the long-term allowance rounded to the nearest dollar.

(C) Employees will be eligible to claim the appropriate allowance for every 24-hour period on travel status. Allowances for partial day travel status will be as follows:

1. Less than 12 hours, one-half the appropriate allowance, rounded to the nearest dollar,

2. From 12 to 24 hours, the full allowance

(3) Non-Commercial Allowance. A non-commercial allowance will be authorized when the circumstances of travel are such that the traveler incurs expenses comparable to those arising from the use of non-commercial subsistence facilities such as, but not limited to, house trailers or field camping equipment.

(A) Employees will be eligible to claim this allowance for every 24-hour period on travel status. Allowances for partial day travel status will be as follows:

1. Less than 12 hours, one-half the allowance, rounded to the nearest dollar,

2. From 12 to 24 hours, the full allowance

(b) Out-Of-State Subsistence Allowance. For out-of-state travel, state elected officials and other employees will be reimbursed actual lodging expenses, supported by a voucher, and reimbursed for meal and incidental expenses in accordance with Section 706(c).

(1) Out-of-Country Subsistence Allowance. When employees are authorized to travel outside the continental United States, and continue to maintain a permanent residence either occupied by the employees' dependents or maintained at a net monthly expense in excess of $200, reimbursement of subsistence expenses may exceed established rates if the agency obtains advance approval of specific rates from the Board of Control.

(c) Computation Of Allowances.

(1) In computing the allowance for travel, the following reimbursement will be allowed in any 24-hour period or fractional part thereof:

		Statewide Designated High-Cost Areas
Lodging.	$35.00.	Up to $43.00 (with receipt)
Breakfast.	4.00.	4.00
Lunch.	7.25.	7.25
Dinner.	12.00.	12.00

(2) Designated High-Cost Areas. To be eligible for the higher lodging allowance, the employees must be required to travel to the downtown areas of San Francisco, Los Angeles, or San Diego and must furnish a commercial lodging receipt for the day(s) of travel which bears one of the following ZIP Codes:

San Francisco: 94102, 94104, 94108, 94109, 94111, 94133, 94103, 94105

Los Angeles: 90012, 90013, 90014, 90015, 90017, 90021, 90071, 90045

San Diego: 92101, 92110, 92108, 92103, 92106.

Receipts bearing other than the above ZIP Codes, or no receipts, will limit reimbursement to the statewide rate of $62. Rule 710(b) may not be invoked.

(3) An additional $3.75 incidental allowance may be claimed for each 24-hour period.

(4) Long-Term and Non-Commercial Allowances will be computed at 60% of the statewide rate in Section 706(c)(1), plus the incidental allowance authorized by Section 706(c)(3) rounded to the nearest dollar.

(d) Expenses Outside the State. Expenses incurred outside the State will not be allowed unless authorization for incurring them and permission for absence from the State has first been obtained from the Governor and the Director of Finance, except that in cases where such expenses are incurred by travel to and from places in states bordering upon this State, approval of the Director of Finance only will be required. Any terms or directives set forth in such authorization are limitations and will not operate as exceptions to these rules. A claim for expenses for out-of-state travel must be submitted on a separate expense account. This section shall not apply to committees of the Legislature or of either house thereof nor to employees of any such committee.

(e) Subsistence Expense Negotiated or Paid for by the State. When a significant portion of the subsistence expenses (either meals or lodging) are negotiated or otherwise paid for by the State (e.g., billed to the State, paid by a group leader, included in overnight train fare, etc.), the employee will not be reimbursed for such expenses. The employee will be allowed to claim reimbursement in accordance with Section 706(c) for any subsistence not provided.

Cal. Code Regs. Tit. 2, § 706

1. New subsection (b)(1) filed 5-6-77 as an emergency; effective upon filing (Register 77, No. 19). For prior history, see Register 77, No. 9.
2. Certificate of Compliance filed 7-29-77 (Register 77, No. 31).
3. Amendment filed 11-22-77; designated effective 1-1-78 (Register 77, No. 48).
4. Amendment of subsections (a), (b)(1) and (c) filed 12-29-78 as an emergency; designated effective 1-1-79. Certificate of Compliance included (Register 78, No. 52).
5. Amendment of subsection (c) filed 12-8-80; effective thirtieth day thereafter (Register 80, No. 50).
6. Amendment of subsection (c) filed 9-30-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 40).

Note: Authority cited: Sections 11032 and 13920, Government Code. Reference: Sections 11030 and 19463, Government Code.