SB 314-FN – AS AMENDED BY THE HOUSE

03/28/12 1420s

25Apr2012… 1682h

2012 SESSION

12-2971

05/01

SENATE BILL 314-FN

AN ACT relative to state-owned vehicle fleet management.

SPONSORS: Sen. Morse, Dist 22; Sen. Rausch, Dist 19; Sen. Bradley, Dist 3; Sen. D’Allesandro, Dist 20; Rep. Weyler, Rock 8

COMMITTEE: Finance

ANALYSIS

This bill establishes a mileage reimbursement procedure for use of state-owned vehicles by employees.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/28/12 1420s

25Apr2012… 1682h

12-2971

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to state-owned vehicle fleet management.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; State-Owned Vehicle Fleet Management; Mileage Reimbursement. Amend RSA 21-I by inserting after section 19-i the following new section:

21-I:19-j State-Owned Vehicle Fleet Management; Mileage Reimbursement.

I. The purpose of this section is to promote fiscal responsibility in the use of state-owned vehicles, as is currently being performed by the vehicle utilization committee. By necessity, reporting on the use of state-owned vehicles includes the Internal Revenue Service’s term “non-business miles.” As it relates to the state’s fleet vehicles, “non-business miles” does not equate to personal miles and in most instances, represents mileage incurred for legitimate, bona fide business purposes. This section is intended to clarify instances of legitimate business uses for state-owned vehicles.

II. Any person who drives any state-owned vehicle for personal or non-business use, including, but not limited to commuting between an employee’s home and regular place of business, shall reimburse the state for mileage, subject to the exemptions in paragraphs IV and V. Reimbursement shall be made by payroll deduction. The amount of reimbursement shall approximate the benefit derived from the use of the vehicle as prescribed by the Internal Revenue Service’s published reimbursement rate.

III. Funds received under this section shall be transferred by the agency to the fund under which the vehicle’s cost is funded.

IV.(a) This section shall not apply to the use of vehicles:

(1) That are qualified non-personal use vehicles, including law enforcement vehicles. A qualified non-personal use vehicle is any vehicle that the employee is not likely to use more than minimally for personal purposes because of its design. Classification of these vehicles as such, should generally conform with Internal Revenue Service guidance for “qualified non-personal use vehicles”;

(2) For a job assignment which, based on its duties, makes such mileage required by the employer for bona fide business reasons of the state; or

(3) For emergency purposes at the discretion of the agency commissioner.

(b) The vehicle utilization committee established pursuant to RSA 21-I:19-h shall approve all exemptions under this paragraph. The commissioner of administrative services shall maintain a list of vehicles and job assignments for which the exemption has been approved. This list shall be reported to the fiscal committee of the general court.

V. Further exemptions or appeals of decisions of the vehicle utilization review committee under this section may be submitted to and granted by the fiscal committee of the general court.

2 Effective Date. This act shall take effect on January 1, 2013.

LBAO

12-2971

Amended 05/03/12

SB 314 FISCAL NOTE

AN ACT relative to state-owned vehicle fleet management.

FISCAL IMPACT:

METHODOLOGY: