AN ACT GENERALLY REVISING THE LAWS RELATING TO STATE-OWNED OR LEASED MOTOR VEHICLES; CLARIFYING STATE IDENTIFICATION REQUIREMENTS; CLARIFYING DEPARTMENT OF TRANSPORTATION RESPONSIBILITIES; CLARIFYING RESPONSIBILITIES OF OTHER STATE AGENCIES; AMENDING SECTIONS 2-17-402, 2-17-411, 2-17-421, 2-17-422, AND 2-17-423, MCA; AND REPEALING SECTIONS 2-17-413 AND 2-17-431, MCA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 2-17-402, MCA, is amended to read:

"2-17-402. Seal on motor vehicles. A motor vehicle owned by the state must have a seal, logo, or other form of state ownership identification placed upon the vehicle ."

Section 2. Section 2-17-411, MCA, is amended to read:

"2-17-411. Motor pool -- department of transportation -- exceptions. (1) The department of transportation's motor pool is responsible for the acquisition, operation, maintenance, repair, and administration of all motor vehicles in the custody of the motor pool.

(2) This part does not apply to a motor vehicle used in the service of the governor, the attorney general, or the highway patrol."

Section 3. Section 2-17-421, MCA, is amended to read:

"2-17-421. Use -- state business only -- exception -- compensation for driving personal vehicle -- penalty for private use. (1) A state officer or state employee may not use a state-owned or leased motor vehicle for personal and private use, nor may a state officer or state employee be compensated for driving a personal motor vehicle unless that motor vehicle is used on state business.

(2) A decal must be affixed to the windshield of each state-owned vehicle with the following information contained on the decal:

"Any officer or employee of the state government who uses or authorizes the use of any state-owned motor-propelled vehicle, or of any motor-propelled vehicle leased by the state government, for other than official purposes may be removed from office by the head of the department or establishment concerned."

(3) The private use of state-owned or leased motor vehicles for emergency travel-related purposes or exceptional circumstances by state employees in a travel status may be approved by the head of the department or agency concerned.

(4) The head of the department or agency concerned may terminate the employment of any state employee using state-owned or leased vehicles for personal or private use."

Section 4. Section 2-17-422, MCA, is amended to read:

"2-17-422. Operating history. Each state agency shall maintain motor vehicle operating history records for motor vehicles under control of the agency. These records must show the purchase price of the vehicle and the items of expense incurred in the operation of the vehicle, including the expenses of gas, oil, repairs, labor, storage, and service. A complete summary of the operating cost and history record of all state-owned or leased vehicles and trucks must be prepared for each fiscal year."

Section 5. Section 2-17-423, MCA, is amended to read:

"2-17-423. Rules. (1) The department of transportation may adopt and enforce reasonable rules governing the maintenance and operation of motor vehicles under control of the department.

(2) The department shall establish reasonable rules governing:

(a) the manner and procedure by which motor pool vehicles may be rented or leased to state officials, state agencies, or state employees;

(b) procedures for determining when a motor pool vehicle is not available for use; and

(c) rental charges for a motor pool vehicle that may include reimbursement of actual costs for administration, maintenance, service, operation, storage, replacement, and disposal costs.

(3) The department shall adopt and formulate travel rules providing:

(a) for scheduling of motor pool vehicles and filing an application for travel showing destination and date and time of departure and;

(b) for filing a report upon completion of the trip, showing mileage traveled and date and time of return

."

Section 6. Repealer. Sections 2-17-413 and 2-17-431, MCA, are repealed.

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I hereby certify that the within bill,

HB 0189, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 189

INTRODUCED BY J. BARNETT

BY REQUEST OF THE DEPARTMENT OF TRANSPORTATION

AN ACT GENERALLY REVISING THE LAWS RELATING TO STATE-OWNED OR LEASED MOTOR VEHICLES; CLARIFYING STATE IDENTIFICATION REQUIREMENTS; CLARIFYING DEPARTMENT OF TRANSPORTATION RESPONSIBILITIES; CLARIFYING RESPONSIBILITIES OF OTHER STATE AGENCIES; AMENDING SECTIONS 2-17-402, 2-17-411, 2-17-421, 2-17-422, AND 2-17-423, MCA; AND REPEALING SECTIONS 2-17-413 AND 2-17-431, MCA.