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October 24, 1968

Honorable Robert'S.Calvert Opinion No. M-301 Comptroller of Public Accounts State Capitol Building Re: Whether certain travel Austin, Texas expenses of a District Judge are legally reimbursedunder Senate Bill No. 15, Acts of the 60th Legislature, Dear Mr. Calvert: Article 1, ItemNo. 13.

you have requested our opinion on whether certain items in a travel expense account submitted to'you from a District Judge traveling to and attending the "NationalCollege of State Trial Judges" during the months of July and August, 1968,provided for in Senate Bill No. 15, Acts of the 60th Legislature, Article 1, Item 13 of the appropriationsto the Supreme Court, are reimburseable items of expense. Specifically,you asked, "whetherthe infirmary fee of $4.00,parking permit fee of $1.00, the rental of air-conditioningof $38.00 and the laundry charge of $14.75 is a legal charge properlypayable by the State as reimbursement."

Item 13 of the appropriationsto the Supreme Court for the year ending August 31, 1968, reads as follows:

"13. For expenses incurredby District Judges in attending the National College of State Trial Judges

. . . $S,OOO.OO." The rider in the appropriationsto the Supre_me Court stateswith regard to Item 13:

"The appropriationmade in Item 13 above may be disbursed by the Chief Justice upon presentation of a sworn account setting forth the purpose forwhich the expensewas incurred and the amounts thereof."
In Attorney General Opinion M-118 (1967),it was held that riders in the general appropriationsact were applicable to travel reimbursement for District Judges on September 1, 1967. SubdivisionA of Section 17 of Article 5 of Senate Bill 15,

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provides that Judicial Officers shall be reimbursed for "actual meals, lodging and incidentalexpenses." The traveling expense account submittedwith your request has been approved forpayment by RobertW. Calvert, Chief Justice of the Supreme Court of Texas, in accordancewith the provisions of Senate Bill 15 above quoted. The itemswhich you have inquired about are individually explainedby the District Judge submitting the travel expense account as follows:

"Taken individually:
"1. Infirmary - $4.00. This is a charge made by the University of North Carolina of all studentsuponlregistration. I did not use,the infirmarybut was required to pay this fee. We had no choice but to pay the same. "2

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"3

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"4

. Parking Permit - $1.00. Likewise, this is not a charge for parking of the automobile, but ,rathera permit which was attached to the windshield of the auto permitting its entrance to the school grounds. We had no choice but to pay same.~ Air-ConditioningRental - $28.00. We were housed in non-airconditionedquarters at a greatly reduced rate covering~roomand board for weekly meals. We could have changed quarters to those which were air-conditioned off campus,which did not includemeals. nowever, it would have added substantiallyto our expenses. Actually, the out of pocket cost of air-conditioningwas more than the $28.00 listed,but was put on the expense account at $1.00per day. Here we had a choice but the additional expenseswould have been.approximately $75.00per Judge. Laundry - $14.75. This was also an actual

. out of pocket expense entailed by our attendance at the College. Except for our stay at the College where laundryhad to be sent out, I assure you that it would have been done by my ever-lovingwife in her own Bendix and with iron & board, as she has been doing for the past 25 years of our marriad~life."

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,: It is our opinion that in view of the explanations of expenses,which arose as reasonable incidents in connectionwith the authorizedbusiness trip, such items constituted "Incidental Expenses” incurredwhile traveling to and attending~theNational College of State Trial Judges specificallyauthorizedby the Legislature. Accordingly,you are advised that such expenses constitute expensesproperly payable by the State as reimbursement.
As a matter of future information, for possible application to situationsarising under the 1968-1969appropriation bill,~and in connectionwith the,parkingpermit fee, it is to be noted that in SubdivisionA of Section 17 of Rouse Bill No. 5, Acts of the 60th Legislature, First Called Session, after in: cidental expenseswe find the followingphrase: "(exclusiveof expenses related to automobiles for which transportationallowance is paid as provided by Section 14a. of this Article)". Therefore, for the-current fiscal year, traveling expenses related to automobileswill be governed by Section 14a rather than Sec. 17a of Article 5 of House Bill 5.
SUMMARY Charges required to be paid by a District : Judge traveling to and attending the National ,.' ,, College of State Trial Judges specificallyauthorizedby Senate Bill No. 15 (generalappropriations act for the year ending August 31, 1968), togetherwith certain rental and laundry charges, constitute "incidentalexpenses" incurred and are authorized to be reimbursedout of an item of appropriationmade for such purpose. trulyyours,

Prepared by John Reeves Assistant Attorney General

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APPROVED: OPINION COMMITTEE Hawthorne Phillips,Chairman Kerns Taylor, Co-Chairman John Banks Malcolm Quick Ralph Rash James A. Cowden
A. J. CARUBBI, JR. ExecutiveAssistant

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