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Introduced Version Senate Bill 582 History

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Key: Green = existing Code. Red = new code to be enacted
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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