H. B. 2692
(By Delegate Guthrie)
[Introduced February 20, 2009; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §5A-3-48 of the Code of West Virginia,
1931, as amended, relating to requiring the Secretary of
Administration to promulgate rules for travel reimbursement
equal to the federal standard mileage rate.
Be it enacted by the Legislature of West Virginia:
That §5A-3-48 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-48. Travel rules; exceptions.
(a) The Secretary of Administration shall promulgate rules
relating to the ownership, purchase, use, storage, maintenance and
repair of all motor vehicles and aircraft owned by the State of
West Virginia and in the possession of any department, institution
or agency thereof:
Provided, That the provisions of sections
forty-eight through fifty-three, inclusive, of this article do not
apply to the Division of Highways of the Department of
Transportation, the West Virginia State Police of the Department of Military Affairs and Public Safety, the Division of Natural
Resources, the Division of Forestry, the Department of Agriculture,
the Higher Education Policy Commission and the higher education
governing boards and their institutions:
Provided, however, That
the higher education governing boards and their institutions shall
report annually to the chancellor for higher education and the
Legislative Oversight Commission on education accountability in a
form and manner as required by the chancellor for higher education.
Such report shall include at least the following: The number of
vehicles purchased and the purchase price, the number of donated
vehicles and the cost of lease agreements on leased vehicles.
(b) If, in the judgment of the Secretary of Administration,
economy or convenience indicate the expediency thereof, the
secretary may require all vehicles and the aircraft subject to
regulation by this article, or those he or she may designate, to be
kept in garages and other places of storage and to be made
available in a manner and under the terms necessary for the
official use of any departments, institutions, agencies, officers,
agents and employees of the state as designated by the secretary in
rules promulgated pursuant to this section. The secretary may
administer the travel regulations promulgated by the Governor in
accordance with section eleven, article three, chapter twelve of
this code, unless otherwise determined by the Governor:
Provided,
That any travel management rule promulgated for mileage
reimbursement for public employees conducting authorized state
business shall be, as of the effective date of the amendment to this section, the rate of reimbursement of mileage equal to the
federal standard mileage rate and that rate shall be authorized and
adjusted by the travel management rule of the Department of
Administration.
NOTE: The purpose of this bill is to require the Secretary of
Administration to promulgate rules for travel reimbursement equal
to the federal standard mileage rate.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.