ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 316
(By Senators Plymale, Jones, Anderson, Helmick,
Manchin, Lucht, Ross, Miller and Sharpe)
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[Originating in the Committee on Finance;
reported March 3, 1994.]
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A BILL to amend article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section fifty-
five, relating to mileage logs when using state and county
vehicles; exempting law-enforcement divisions; guidelines;
application; charges for personal mileage; prohibiting
transportation to or from place of residence in state- or
county-owned vehicles; and exceptions.
Be it enacted by the Legislature of West Virginia:
That article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
fifty-five, to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-55. Mandatory use of mileage logs when using state
vehicles.
The secretary of administration shall require that daily
mileage logs be maintained by all agencies of state government
using state-owned vehicles and? by all county personnel using
county-owned vehicles. Any law-enforcement division in any state
agency or in any county is exempted from the requirement of this
section. The daily mileage logs shall be implemented according
to guidelines set forth by the Internal Revenue Service for
business use of vehicles. The provisions of this section apply
to all vehicles, including vehicles that are purchased, leased or
rented through federal grant moneys. A charge shall apply to the
user for all personal mileage pursuant to standards set by the
Internal Revenue Service: Provided, That no person may use a
state-owned or county-owned vehicle for transportation to or from
his or her place of residence, except for a person placed on-call
by his or her work supervisor, a person who operates a county-
owned school bus, in a bona fide emergency situation, or for a
person authorized by his or her work supervisor to keep the
state-owned or county-owned vehicle at his or her place of
residence: Provided, however, That if the work supervisor
authorizes the person to keep the state-owned or county-owned
vehicle at his or her place of residence, the work supervisor
shall document the need for authorizing the exception.