Traveling Expenses of State Employees

Article 3 deals with traveling expenses. Section 11030 provides that all elective constitutional officers, heads of departments, chiefs of divisions, assistants, deputies, agents, experts and other officers and employees of the State, when away from their headquarters for purposes of state business, and all members of the Legislature when attending regular, special or extraordinary sessions of the Legislature, are entitled to receive their actual necessary traveling expenses. This is in addition to their regular salary.

Section 11030.1 provides that, when a state employee dies while traveling on official state business, the state must, under rules and regulations adopted by the Department of General Services, pay the traveling expenses necessary to return the body to his or her official headquarters or the place of burial. This subdivision is not to be construed to authorize the payment of the traveling expenses, either going or returning, of one accompanying that body.

Section 11030.2 states that any state officer or employee when working overtime at his or her headquarters on state business may receive his or her actual and necessary expenses, during his or her regular workweek, subject to DGS regulations, limiting the amount of the expenses and prescribing the conditions under which the expenses may be paid.

However, each state agency may determine the necessity for and limit these expenses of its employees in a manner that does not conflict with and is within the limitations prescribed by the Department of General Services.

Section 11030.5 authorizes any state officer or officer or employee of any state agency to, when traveling on state business, fly in state-owned or leased civil aircraft as a passenger or as part of the crew.

Section 11031 requires the headquarters of elective constitutional officers, other than Members of the Legislature, to be established by the filing of a written statement with the Department of General Services that certifies that the selected headquarters is the place where the officer spends the largest portion of his or her regular workdays or working time.

Section 11031.5 provides the headquarters of the Franchise Tax Commissioner is in the City of Sacramento. The Franchise Tax Commissioner must actually maintain his or her office in the City of Sacramento and reside in the County of Sacramento.

Section 11032 allows any state officer or employee of any state agency to confer with other persons, associations, or organizations outside of the state whenever it may be of assistance in the conduct of state business. Actual and necessary expenses for travel outside of the state as authorized by this section is allowed when approved by the Governor. However, this section does not apply to employees of any legislative committee or to the Legislative Counsel or his or her employees.

Section 11033 prohibits any state officer or employee from being absent from the state on business of the state without the prior approval of the Governor, except when the absence is for less than five consecutive working days’ duration and involves only travel into states bordering upon California. This section does not apply to elective state officers, employees of any legislative committee, or to the Legislative Counsel or his or her employees.