SUBSISTENCE
1. General
Travel and subsistence expenses, whether paid from State appropriated, Federal, local or other funds, shall be allowed in accordance with the following provisions:
Unless otherwise provided in items "2" through "17" in this section, all employees of the State of South Carolina or any agency thereof including employees and members of the governing bodies of each technical college while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging. Agencies may contract with lodging facilities to pay on behalf of an employee. Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency's authority by the Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the obtaining of meals except that such costs shall not exceed ($25) per day within the State of South Carolina. For travel outside of South Carolina, the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control Board. It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed by his employees in order to determine that such charges are reasonable, taking into consideration location, purpose of travel, or other extenuating circumstances. The provisions of this item shall not apply to Section 42-3-40 of the 1976 code.
No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by which he is employed except as provided in General Rules, item "O" of this section. When an employee is assigned to work a particular territory or district, and such territory or district and his official headquarters are in different localities or sections of the State, expenses may be allowed for the necessary travel to his official headquarters.
Employees required by their agency head, as a part of their official duties, to attend statewide, regional, or district meetings within the area in which the employee is headquartered, may receive reimbursement for the cost of meals at such meetings. If the cost of the meal exceeds the state allowance, receipts must be provided in order to receive reimbursement. At least 75% of those attending the meeting must be employees of other agencies or outside organizations. Meetings of boards, commissions, and committees are not considered statewide, regional or district meetings.
2. Foreign Travel - State
Employees
"That employees of the State, when traveling outside the United States, Canada and Puerto Rico upon promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging."
When claiming reimbursement for actual expenses of meals and lodging, receipts are required. If receipts are not provided, only the maximum daily rate for meals as established by the federal government for travel in foreign areas can be claimed.
Travel advances may be made for 80% of the actual expenses for food and lodging for foreign travel.
3. Constitutional Officers
4. Legislators and Lieutenant Governor
"All vouchers for the payment of the expenses and/or compensation of committees of the General Assembly shall be prepared by the Clerks of the two Houses."
5. Legislative Standing Committees (Interim)
"Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim; however, House members must receive advanced approval by the Speaker of the House or Standing Committee Chairman and Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to meet. If such advanced approval is not received, the members of the General Assembly shall not be paid the per diem authorized in this provision. When certified by the Speaker of the House, President Pro Tempore of the Senate, or Standing Committee Chairman, the members serving on such committees shall receive a subsistence as provided in item "4A." above, mileage at the rate provided for by law, and the regular per diem established in this Act for members of boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for allowances specified in this proviso shall be paid to the members of the Senate or House of Representatives from the Approved Accounts of the respective body except as otherwise may be provided."
6. Legislative Joint Study Committees (Interim)
"Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue work during the interim to secure such information and complete such investigations as may be assigned to the respective Committees; however, House members must receive advanced approval by the Speaker of the House or Standing Committee Chairman and Senate members must receive advanced approval by the President Pro Tempore of the Senate or standing Committee Chairman to meet. If such advanced approval is not received, the House and Senate members of the Joint Study Committee shall not be paid the per diem authorized in the provision. When certified by the Speaker of the House, President Pro Tempore of the Senate, or Standing Committee Chairman, the members appointed to such Committees shall receive a subsistence as provided in item "4A." above, mileage at the rate provided for by law and the regular per diem established in this Act for members of boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The allowances specified in this proviso shall be paid from funds appropriated to the respective Committees for such purposes, or from Approved Accounts of the respective body of the General Assembly if no funds have been appropriated to such a Committee for these purposes."
7. Legislators Compensation From Committees
Members of the General Assembly may not receive subsistence from more than one committee for meetings held on the same day.
8. Non-Legislative Members of Committees
"Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose membership consists solely of members of the General Assembly or members of the General Assembly and other personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35.00 per day while traveling on official business. Members of such committees may opt to receive actual expenses incurred for lodging and actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense." (For Interim and Standing Committees of the Senate and House of Representatives' subsistence, see items "5" and "6" above.)
9. State Grand Jury
Jurors of the state grand jury shall receive daily subsistence expense equal to the maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or serving and be paid the same per diem and mileage as are members of state boards, commissions, and committees.
10. Boards, Commissions and Committees
Members of the State Boards, Commissions or Committees whose duties are not full-time and who are paid on a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in item "1" of this section for meals, lodging and mileage while away from their places of residence on official business of the State. One person accompanying a handicapped member of a State Board, Commission, or Committee on official business of the State shall be allowed the same reimbursement for actual expenses incurred at the rates provided for meals, lodging and mileage in the current Appropriation Act. (See item "1" of this section.)
11. Supreme Court Justice and Court of Appeals Judges
No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35.00 per day plus such mileage allowance for travel as is provided for other employees of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in item "1" of this section.
12. Circuit Court Judge,
Family Court Judge and Administrative Law Judges
No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law Judge while holding court within the county in which he resides. While holding court or on other official business outside the county, within fifty (50) miles of his residence, a Circuit Court Judge, a Family Court Judge, or an Administrative Law Judge is entitled to a subsistence allowance in the amount of $35.00 per day. While holding court or on other official business at a location fifty (50) miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly.
Any retired Justice, Circuit Court Judge, Family Court Judge or Master-in-Equity appointed by the Supreme Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge or Acting Associate Justice shall serve without pay but shall receive the same allowance for subsistence, expenses and mileage as provided for Circuit Court Judges.
Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in item "1" of this section.
Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, and subsistence as is authorized by law for circuit court judges.
13. Solicitors
Section 1-7-325 of the 1976 Code of Laws provides: "When a solicitor is required to serve out of his circuit, he shall also receive such subsistence and mileage as is authorized by law for Circuit Judges while holding court without the county in which they reside."
14. Circuit and Family Court Reporters
No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by which he is employed except as provided in items "15", "16", and "17" below.
15. Public Service Commission
The members of the Public Service Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence reimbursement shall be allowed to a member of the Public Service Commission while traveling in the county of his official residence. When traveling on official business of the Commission within 50 miles outside the county of his official residence, a member of the Public Service Commission shall be allowed subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance as provided for members of the General Assembly. When out-of-state, Public Service Commissioners may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General.
16. Employment Security Commission
The members of the Employment Security Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence reimbursement shall be allowed to a member of the Employment Security Commission while traveling in the county of his official residence. When traveling on official business of the Commission within 50 miles outside the county of his official residence, a member of the Employment Security Commission shall be allowed subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance as provided for members of the General Assembly. When out-of-state, Employment Security Commissioners may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General.
17. Workers Compensation
Commission
The members of the Workers Compensation Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence reimbursement shall be allowed to a member of the Workers Compensation Commission while traveling in the county of his official residence. When traveling on official business of the Commission within 50 miles outside the county of his official residence, a member of the Workers Compensation Commission shall be allowed subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance as provided for members of the General Assembly. When out-of-state, Workers' Compensation Commissioners may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General.
18. Insurance Examiners
Insurance examiners are allowed reimbursement for expenses in accordance with NAIC rules and regulations.
19. Migrant Farm Worker's Commission
Section 46-43-30, 1976 Code states:
"The Commission shall elect a chairman and such other officers as it deems necessary. Commission meetings shall be held at least once in each quarter and at such other times as may be necessary upon the call of the chairman. Members who are not officials or employees of either the state or federal government shall receive mileage and subsistence as paid state employees when on official business."
20. Dual Employment
Travel expenses incurred by a state employee while working on official State business in a Budget and Control Board approved dual employment status may be paid travel expenses in accordance with travel regulations by the secondary agency if prior written approval is secured from the employee's Home Agency. (See Request for Dual Employment of the Dual Employment Section within Disbursement Regulations.)
21. Volunteers
Volunteers who provide services to State agencies free-of-charge may be reimbursed expenses for mileage incurred when performing their services. Mileage incurred while driving to and from volunteer work is not reimbursable. Reimbursements for meals and lodging incurred when making departmental trips at departmental requests are allowed in accordance with regulations established for State employees.
22. Consultants
Travel expenses may be paid to individuals or companies that are doing business with the State. Reimbursements for travel are allowed in accordance with regulations established for State employees.
23. Travel Advances
The Appropriations Act provides authority for advance travel payments as follows:
"That a State agency may advance travel and subsistence expense monies to employees of that agency for the financing of ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no State agency shall make such advances except under the rules and regulations as published. Provided, all advances for travel and subsistence monies shall be repaid to the agency within thirty (30) days after the end of the trip or by July 15, whichever comes first."
Budget and Control Board Policy regarding travel advances:
- No travel advance shall be made to an employee for travel within the State of South Carolina without specific approval of the State Budget and Control Board.
- No travel advance shall be made for more than 80% of the estimated amount of the total travel expense, excluding airline transportation.
- No advance shall be made in instances where 80% of the estimated travel expense does not exceed $250.00.
- The agency, department or institution making advances shall keep such records of advances made in accordance with rules prescribed by the Comptroller General. If any agency fails to keep proper records, the privilege to make travel advances shall be withdrawn.
- Request for travel advances must be submitted to the Comptroller General's Office not later than seven (7) business days prior to the beginning of the trip for which the advance is requested.
The primary purpose for providing cash advances to employees who are traveling on official business of a State agency is to reduce the amount of personal funds required to finance official travel, thereby relieving the financial burden of the traveler.
The Request for Official Travel Cash Advance (STARS Form 61) must be completed with all information required and approved by the Agency Director.
Travel advances for subsistence (meals and lodging) will be requested on a contingent voucher (STARS Form 60) supported by an Approved Request for Official Travel Cash Advance (STARS Form 61). The contingent voucher must be completed as outlined in the Document Preparation Section of the STARS Agency User's Manual and marked "Advance." Request for travel advance must be processed as a single transaction on the contingent voucher. Travel reimbursement and per diem payments cannot be combined on the same voucher with travel advances.
The voucher(s) for travel advance(s) should be batched separately and marked "Advance." The vouchers for request for travel advances must be submitted to the Director, Central State Audit Division of the Comptroller General's Office not later than seven (7) business days prior to the beginning of the trip for which the advance is requested.
When the employee returns from the trip for which the travel advance was made, a contingent voucher must be completed for recording the actual travel expense in the proper expenditure object codes and reimbursing the travel advance.
If the Travel Advance exceeds the actual travel expenses, the excess amount of the Travel Advance must be deposited with the State Treasurer on the bank deposit form completed in accordance with procedures outlined in the STARS Agency User's Manual (Section 2) (Exhibit IV) issued by the State Treasurer. The excess of the Travel Advance must be refunded to the same subfund code and mini code from which the original Travel Advance was made. The agency voucher number of the original Travel Advance must be recorded in the encumbrance number column. The expenditure object code 0599 will be used for all travel advance reimbursements.
24. General Rules
Porterage, in general, is not an allowable reimbursement for state employees. It may be reimbursed when an employee flies to a major city out-of-state where there usually is no option concerning baggage handling. Porterage may also be reimbursed when an employee has heavy, excess equipment needed to conduct official state business.
Receipts for meals and taxis are not required by the Comptroller General's Office.
When traveling by air, the Appropriations Act states: "State agencies and employees shall select air carriers based on cost and time criteria, not on whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent flyer premiums while traveling on State business use them to reduce the cost of subsequent business travel whenever possible."
No State funds may be used to purchase first class airline tickets.
When an employee elects to drive his car for his own convenience when air fare is more economical, the employee is entitled to the following reimbursement:
The name, social security number, number of trips, and cost of ticket for each traveler must be entered in the appropriate space.
The completed voucher with vendors invoice attached will be batched under a Transmittal Control Sheet (STARS Form 100) and forwarded to the Central State Audit Division of the Comptroller General's Office.
Credit memos issued by airlines or travel agencies may be entered as a transaction on a voucher requesting payment to the same airline or same travel agency. The credits entered will reduce the amount of check due the vendor. The transaction entering the credit must be coded to the same subfund, mini code, and expenditure object code of the original transaction for which the credit was issued.
The State does not pay personnel agency charges assessed for locating an applicant for a position. Any such fees incurred are the responsibility of the applicant.
If a state employee receives reimbursement from an agency or organization with which he is involved for travel expenses or services, travel reimbursement from the State is not allowed.
If such an organization pays a part of the expenses, the employee should request reimbursement from the State, not to exceed State allowances. The employee's home agency should ensure that the organization reimburses the State and the account from which the disbursement was made is credited with the refund.
25. Advance Payment of Airfares
and Registration Fees
Section 11-3-121 of the Code of Laws of South Carolina states:
"The Comptroller General is authorized to honor vouchers in the current fiscal year for advance payment of airfares and registration fees for official travel to meetings and conferences in July and August of the next fiscal year if the advance payment results in a savings and funds are available in the requesting agency's current budget."