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Section 36-7-1
Section 36-7-1 Reimbursement of county or municipal officers or employees for traveling expenses - Itemized statement of expenses to be presented and approved.
It shall be unlawful for an officer or employee of a county, town, or city in Alabama to be reimbursed from the treasury of a county or municipality for expenses incurred by him or her while traveling or remaining beyond the limits of counties and municipalities in the performance of his or her duties incidental to the management or control of the affairs of the county or municipality unless the officer or employee presents and has approved as provided for in this article an itemized statement of all expenses incurred. Nothing in this article shall be interpreted as applying to the use of credit cards issued in the name of the municipality by municipal officers and employees beyond the limits of the municipality for which they work. Nothing in this article shall be interpreted as applying to the use of credit cards issued in the name of the county by county officers and employees beyond the limits of the county for which they work.
(Acts 1935, No. 457, p. 988, § 1; Code 1940, T. 41, §155; Acts 1993, No. 93-763, p. 1529, §1.)
Section 36-7-2
Section 36-7-2 Reimbursement of county or municipal officers or employees for traveling expenses — To whom statement presented; approval or disallowance of statement.
When a municipality is governed by a commission form of government, such itemized statement shall be presented to the municipal comptroller or corresponding officer immediately upon the return of said officer or employee of such municipality and must be approved or disallowed at a regular meeting of the commission of such municipality held within a period of 30 days after presentment to municipal comptroller or corresponding officer. When a municipality is governed by a mayor and council, such itemized statement shall be presented to the treasurer of the municipality in similar manner as hereinabove provided for and shall be approved or disallowed at a regular meeting of the governing body held within a period of 30 days after presentment to the treasurer of the municipality. In the case of counties, such itemized statement shall be presented to the county clerk or corresponding officer in similar manner as hereinabove provided for and shall be approved or disallowed at a regular meeting of the county commission held within a period of 30 days after presentment to the county clerk or corresponding officer of the county.
(Acts 1935, No. 457, p. 988, § 2; Code 1940, T. 41, §156; Acts 1969, No. 1110, p. 2046, § 1.)
Section 36-7-3
Section 36-7-3 Advancement of traveling expenses of municipal officers or employees — Adoption of resolution by governing body prior to travel.
No sum shall be advanced from the treasury from any municipality or county in this state for the purpose of defraying the expenses of any officer or employee of such municipality or county while traveling or remaining beyond the limits of such municipality or county unless the same shall first be allowed by a resolution adopted by the governing body of such municipality or county, which said resolution shall state the purpose and object of such proposed visit.
(Acts 1935, No. 457, p. 988, § 1; Code 1940, T. 41, §157.)
Section 36-7-4
Section 36-7-4 Advancement of traveling expenses of municipal officers or employees - Itemized statement of expenses to be presented and approved upon return of officer or employee; effect of failure to present statement and secure approval thereof.
When any sum is advanced to an officer or employee of any county or municipality to be used to defray expenses incurred while traveling beyond the borders of the municipality or county, the itemized statement required as provided for in Section 36-7-1 shall be presented immediately upon the return of such officer or employee to the county or municipality, and failure to present and have approved such statement shall render such officer or employee personally liable to the county or municipality for the sum advanced, which sum shall, if such officer or employee is drawing pay for his services from the municipality or county, be deducted from any sum then or in the future owed by the municipality or county to such officer or employee.
(Acts 1935, No. 457, p. 988, § 3; Code 1940, T. 41, §158.)
Section 36-7-5
Section 36-7-5 Drawing or approval of warrant on treasury by county or municipal officer or employee in violation of provisions of article.
Any officer or employee drawing or approving any warrant drawn on the treasury of any municipality or county of this state in violation of the provisions contained in this article shall be guilty of a misdemeanor and shall be punished as provided by law.
(Acts 1935, No. 457, p. 988, § 5; Code 1940, T. 41, §159.)
Section 36-7-20
Section 36-7-20 Allowances for expenses other than transportation of persons traveling within state.
(a) The amount allowable to a person traveling inside the State of Alabama in the service of the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies for expenses other than transportation may be fixed by the Governor at not less than fifty dollars ($50) nor more than seventy-five dollars ($75) per day, and this maximum or limit when fixed from time to time shall be uniform in operation as to all persons traveling within the state on official business.
(b) No travel allowance shall be paid for a trip of less than six hours* duration. For travel which does not require an overnight stay, the traveler shall be paid a meal allowance of 15 percent of the regular per diem rate for a trip of from six to 12 hours* duration, and for travel in excess of 12 hours* duration, the traveler shall be paid one meal allowance and one-fourth of the per diem allowance.
(c) The per diem allowance shall not be paid to an employee stationed at the same place in the state for a period in excess of two consecutive months. After two consecutive months the amount of the allowance shall be reduced to 75 percent of the regular per diem rate per day. Notwithstanding the foregoing, this section shall not apply to officers and employees of the State of Alabama when they incur expenses representing the State of Alabama in the encouragement and promotion of trade or industrial development. On those occasions, when the representation is properly approved, those persons shall be reimbursed for the actual expenses incurred and paid by them if the representation is approved in advance in writing by the Governor or by the Director of Finance when so designated by the Governor.
(d) This section shall not apply to examiners or other persons designated by the Commissioner of Insurance to examine or cause to be examined the domestic insurance corporations qualified in this state when the expense incurred by those persons shall be paid by, collected, or received from the corporations examined under Section 27-2-25.
(e) This section shall be optional with the employing agency in those instances where the employee is required to attend training sessions, schools, seminars or other like group functions at a facility when it would serve the best interests of both the state and the employee, or in those instances when the employee is assigned to assist in suppressing on-going natural disaster situations, or other emergencies. In those cases, the cost of meals and per diem may be paid as set forth herein or by the employing agency of the state directly to the contract facility furnishing the service, but the costs of these services shall not exceed the amount allowable to the individual employee for in-state travel.
(f) For purposes of applying this section to members of the Legislature, each of the following shall apply:
(1) The presiding officer of the house to which the member belongs shall determine if the travel is in the service of the state.
(2) In connection with the same travel, members of the Legislature shall receive per diem under this section except in either of the following instances:
a. For attendance on special or regular session days or committee meeting days of the Legislature when otherwise compensated pursuant to law.
b. For attendance on interim committee meeting days of the Legislature when otherwise compensated pursuant to law.
(3) Travel means a departure from the place of residence of the member of the Legislature.
(Acts 1969, No. 470, p. 912, §1; Acts 1973, No. 1074, p. 1828, §1; Acts 1975, 4th Ex. Sess., No. 131, p. 2853, §1; Acts 1979, No. 79-669, p. 1178, §1; Acts 1983, No. 83-614, p. 951, §1; Acts 1987, No. 87-823, p. 1659; Acts 1991, No. 91-564, p. 1044, §1; Acts 1994, No. 94-643, p. 1209, §1; Act 98-254, p. 420, §1.)
Section 36-7-21
Section 36-7-21 Allowances of persons traveling outside state; authorization of travel.
Persons traveling in the service of the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other agencies, outside the State of Alabama shall be allowed all of their actual and necessary expenses in addition to the actual expenses for transportation. The travel shall first be fully authorized in writing by the Governor. With respect to the Legislative Department, members of the Legislature, subordinate officers and employees of the Legislature, the directors and employees of the Legislature, the directors and employees of the Legislative Reference Service, Legislative Fiscal Office, and Examiners of Public Accounts, travel shall be authorized in writing by the Lieutenant Governor, for the Lieutenant Governor and members of the Senate, by the Speaker of the House, for the Speaker of the House and members of the House of Representatives, by the Secretary of the Senate or the Clerk of the House for subordinate officers and employees of the Legislature, and by the directors for the directors and employees of the legislative departments. With respect to the Judicial Department and the officers and employees thereof, travel shall be authorized in writing by the Chief Justice. Persons representing institutions of higher learning shall receive authority for out-of-state travel from the presidents of the institution. Institutions of higher education may elect to prepay travel expenses for persons traveling in the service of the state. Persons representing the state Department of Agriculture and Industries shall receive authorization for out-of-state travel from the Commissioner of Agriculture and Industries. This section shall not apply to examiners or other persons designated by the Commissioner of Insurance to examine or cause to be examined insurance corporations qualified or attempting to qualify in this state when the expense incurred by the examiner shall be paid by or collected or received from insurers or persons examined under Section 27-2-25.
(Acts 1969, No. 470, p. 912, §2; Acts 1971, No. 2051, p. 3289, §1; Acts 1971, No. 2487, p. 3983, §1; Acts 1971, 3rd Ex. Sess., No. 312, p. 4603, §1; Acts 1979, No. 79-539, p. 971, §1; Acts 1981, No. 81-561, p. 945, §1; Acts 1982, No. 82-431, p. 681, §1; Act 2000-678, p. 1381, §1.)
Section 36-7-22
Section 36-7-22 Mileage allowance for persons traveling on official business in privately owned vehicles.
Persons traveling on official business for the state or any of its Legislative, Executive, and Judicial Branches, departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies in privately owned vehicles shall receive an amount equal to the mileage rate allowed by the Internal Revenue Code for income tax deductions per mile in lieu of actual expenses for transportation. Reimbursement shall be made no later than 30 calendar days from the date the request for reimbursement is initially received by the appropriate authority.
(Acts 1969, No. 470, p. 912, §3; Acts 1973, No. 1074, p. 1828, §1; Acts 1979, No. 79-669, p. 1178, § 1; Acts 1983, No. 83-614, p. 951, §1; Acts 1991, No. 91-564, §1; Act 99-362, p. 580, §1.)
Section 36-7-23
Section 36-7-23 Applicability of article; repeal of conflicting laws.
The provisions of this article shall apply to all officers and employees of the State of Alabama or any of its departments, institutions, boards, bureaus, commissions, councils, committees or other like agencies and to all persons traveling on official business for the state.
All laws or parts of laws in conflict with these provisions pertaining to expense allowances are expressly repealed.
(Acts 1969, No. 470, p. 912, §4.)
Section 36-7-24
Section 36-7-24 Prepayment of traveling expenses of state officers and employees; annual examination and report of public accounts.
(a) The departments and agencies of the State of Alabama are hereby authorized to prepay to employees of those departments and agencies an amount of money to be determined by the appointing authority of the various departments and agencies to pay necessary travel expenses for any one period of travel for such employees on authorized official state business inside or outside the State of Alabama. Such payment shall be made in accordance with rules and regulations promulgated by the state Comptroller and approved by the Chief Examiner of Public Accounts. Provided, that the state Comptroller, in accordance with the procedure provided above, shall establish the maximum amount that may be prepaid for any officer or employee for any one period of travel.
(b) The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with subsection (a) annually and report its findings to the Joint Legislative Committee on Public Accounts.
(Acts 1991, No. 91-614, p. 1152, §§ 1, 2.)
Section 36-7-25
Section 36-7-25 Adoption of rules and regulations to provide for prepayment of travel expenses; annual examination and report of public accounts.
(a) The state Comptroller, with the approval of the Chief Examiner of Public Accounts, may adopt rules and regulations to provide for the prepayment of travel expenses for state officers and employees traveling on authorized official state business. No traveler shall have expenses for any one period of travel prepaid for him in excess of any amount established according to the rules and regulations provided above, provided, that the amount of expenses authorized to be prepaid for any one period of travel may vary based on the needs of the various state departments and agencies.
(b) The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with subsection (a) annually and report its findings to the Joint Legislative Committee on Public Accounts.
(Acts 1991, No. 91-615, p. 1153, §§ 1, 2.)
Section 36-7-40
Section 36-7-40 When employee entitled to reimbursement for moving expenses; maximum amount; mobile homes; when move must be made.
A permanent employee of the state who moves from one community within the state to another by reason of transfer of job operation shall be entitled to receive reimbursement for his actual expenses, not to exceed $1,250.00, incurred in moving his household goods whenever such transfer is made at the request of the employing state department or agency. Such expense shall not be allowed when the transfer is made at the request of the employee; provided that any transfer that is a part or the result of a lay-off by the employing state department or agency shall be considered to be at the request of the employing state department or agency.
When an employee is transferred under the above rules and chooses to move a mobile home rather than household goods, reimbursement shall be made under the state*s fiscal procedures except that no payment shall be made for disconnection or reconnection of any utility service or plumbing, or anchoring (tying down) or leveling or any damage sustained during the move.
All moves must be made within a reasonable length of time not to exceed one year of the date of transfer to qualify for reimbursement.
(Acts 1969, No. 170, p. 460, §1; Acts 1980, No. 80-629, p. 1086, §1; Acts 1986, No. 86-506, p. 988, § 1.)
Section 36-7-41
Section 36-7-41 Promulgation, etc., of rules and regulations as to eligibility for reimbursement of expenses and amount thereof; procedure for reimbursement; source of funds.
The chief executive officer of the state department or agency is authorized to promulgate rules and regulations necessary to determine the eligibility of the employee for reimbursement of actual moving expenses and the amount to be paid, not to exceed the amount permitted under Section 36-7-40. Such rules and regulations may be amended, supplemented or changed at the discretion of the chief executive officer of the state department or agency in keeping with the needs of his department.
Such reimbursement may be made upon approval by the head of the state department or agency after the employee has been notified that his state department or agency is requiring his move and after the head of his state department or agency has determined that such employee is eligible for reimbursement under the established rules and regulations of his particular department and after submission of such evidence by the employee to the head of his state department or agency of cost as may be required by the rules and regulations established.
Such moving cost paid to the employee under this article shall be paid out of the same fund of each such department or agency as payment for salaries and cost of administering the department or agency are paid.
(Acts 1969, No. 170, p. 460, §2; Acts 1980, No. 80-629, p. 1086, §2.)
Section 36-7-42
Section 36-7-42 State not to be liable for damages resulting from moving of household goods.
The state shall not be held liable for any damages to person or property that may result from such moving of household goods.
(Acts 1969, No. 170, p. 460, §3.)
Section 36-7-60
Section 36-7-60 Individual bonus to public official, etc.
Any other law to the contrary notwithstanding, a public official or a public employee may receive, obtain, or otherwise convert to personal use a bonus that is incidental to travel in the performance of official duties of the public official or public employee if the bonus is individual in nature and not able to be transferred to another unrelated individual or to the state, or a county, municipality, or governmental entity. This section is declaratory of and does not constitute a change in existing law.
(Act 98-254, p. 420, §2.)
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