Senate Bill No. 582
(By Senators Palumbo, Foster, Wells and Stollings)
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[Introduced March 13, 2009; referred to the Committee on
Finance.]
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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 Internal Revenue Service optional standard
mileage rate used to calculate the deductible costs of
operating an automobile for business purposes.
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
In addition, 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. However,
any travel management rule promulgated for mileage reimbursement shall be, as of the effective date of the amendment to this
section, the rate of reimbursement of mileage equal to the Internal
Revenue Service optional standard mileage rate used to calculate
the deductible costs of operating an automobile for business
purposes, and that rate shall be revised by the travel management
rule of the Department of Administration within thirty days of any
change in the federal rule.
NOTE: The purpose of this bill is to require the Secretary of
Administration to promulgate rules for travel reimbursement equal
to the Internal Revenue Service optional standard mileage rate used
to calculate the deductible costs of operating an automobile for
business purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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