§ 204. Reimbursement for travel and moving expenses upon initial
appointment to state service. 1. The appointing authority of a
department or agency of the state, subject to the regulations
hereinafter mentioned and to the extent that appropriations are
available therefor, may reimburse a state officer or employee, upon his
initial appointment to a technical, scientific, educational,
professional or administrative position in the service of the state for
which there exists in New York state a shortage of qualified candidates,
for travel and moving expenses incurred in transporting himself, his
family and his household effects to his new place of abode, provided
such appointment reasonably requires a change in the place of his abode.
Positions in the competitive class for which there are shortages of
qualified candidates shall be determined by the state department of
civil service; for positions outside the competitive class such
determination shall be made by the head of the department or agency in
which the positions are authorized.

2. No payment shall be made to an officer or employee otherwise
eligible to receive travel and moving expenses pursuant to this section
unless he shall agree in writing to return to the state monies received
for such expenses in the event that he resigns or voluntarily separates
from the position to which he is initially appointed within one year of
the effective date of such appointment. The return of such funds to the
state shall not be required when the resignation or voluntary separation
is the result of a transfer, reassignment, or promotion to another state
position in the same occupational field occurring more than six months
following the initial appointment, or by a transfer, reassignment or
promotion at any time in the same geographic area if he would have been
eligible for reimbursement of travel and moving expenses upon an
original appointment to the position to which he was transferred,
reassigned or promoted. Monies owing to the state pursuant to this
subdivision may be deducted from any monies due or accruing to the
employee on resignation or separation or, if necessary, may be recovered
by appropriate legal proceedings.

3. The director of the budget shall prescribe and amend regulations
providing for reimbursement for travel and moving expenses upon initial
appointment to the state service. Such regulations may include, but need
not be limited to, provisions

(a) prescribing standards, criteria, and procedures for determining
eligibility for reimbursement of travel and moving expenses, and

(b) enumerating positions or classes or groups of positions for which
travel or moving expenses shall or shall not be payable, and

(c) fixing maximum dollar limitations on reimbursement for travel and
moving expenses, and

(d) excluding or limiting reimbursement for expenses of moving less
than a prescribed minimum distance or of moving household goods and
possessions in excess of a prescribed maximum weight, or for storage or
living expenses.

4. Nothing in this section shall affect or impair the eligibility of
any officer or employee of the state for the reimbursement of travel and
moving expenses in accordance with the provisions of section two hundred
two of this article.

5. Reimbursement of travel and moving expenses pursuant to this
section shall be payable from monies appropriated and available to
departments and agencies. Reimbursement of travel and moving expenses of
employees whose salaries are paid from a fund other than the general
fund shall be a proper charge against such other fund. Such
reimbursement shall not be deemed to constitute salaries for any of the
purposes of the civil service law.