Senate Bill No. 562
(By Senator Bowman)
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[Introduced February 12, 2010; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §5A-3-48 and §5A-3-52 of the Code of
West Virginia, 1931, as amended, all relating to the control
of the state's motor vehicle and aircraft fleet by the
Department of Administration; allowing user fees for use of
the motor vehicles and aircraft; and clarifying certain
agencies are not exempt from aircraft user fees.
Be it enacted by the Legislature of West Virginia:
That §5A-3-48 and §5A-3-52 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-48. Travel rules; exceptions.
(a) The Secretary of Administration shall
promulgate propose
rules
for legislative approval pursuant to the provisions of
article three, chapter twenty-nine-a of this code, 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
of the state. Provided, That
(b) Except as provided in section fifty-two of this article
authorizing a user fee allocating the costs and charges for
operating, repairing and servicing aircraft, 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 The 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)(c) 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.
§5A-3-52. Special fund for travel management created.
(a) There is hereby created a The special fund
for travel
management is continued in the State Treasury.
out of which All
costs and expenses
incurred pursuant to collected under this section
shall be paid
All allocations of costs and charges for operating,
repairing and servicing motor vehicles and aircraft made against any
institution, agency or department shall be paid into such special
fund by said department or agency into the fund. All funds
so paid
or transferred into this special fund are
hereby appropriated for
the purposes of this section and shall be paid out as the secretary
may designate; said designates. The funds to be transferred
to
include all appropriations for the acquisition, maintenance, repair
and operation of motor vehicles and aircraft and for personnel.
(b) (1) The secretary may impose a user fee allocating the
costs and charges for operating, repairing and servicing motor
vehicles against any institution, agency or department who uses a
motor vehicle. Fees imposed under this section for operating,
repairing and servicing motor vehicles may only be imposed on those institutions, agencies and departments that use a motor vehicle and
shall be imposed in proportion to the use.
(2) The secretary may impose a user fee allocating the costs
and charges for operating, repairing and servicing aircraft against
any institution, agency or department who uses an aircraft. Fees
imposed under this section for operating, repairing and servicing
aircraft may only be imposed on those institutions, agencies and
departments that use an aircraft and shall be imposed in proportion
to the use.
(c) All allocations of costs and charges for operating,
repairing and servicing motor vehicles and aircraft made against any
institution, agency or department shall be paid into the special
fund by the institution, agency or department.
NOTE: The purpose of this bill is to specifically authorize the
Department of Administration to impose user fees for use of the
motor vehicles and aircraft that are in the state's motor vehicle
and aircraft fleet. The bill also clarifies that certain agencies
that are exempt from the secretary's rules regarding the motor
vehicle fleet are not exempt from paying aircraft user fees.
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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