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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.
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,
8 inches in diameter logo, or
other form of state ownership identification placed upon the vehicle in accordance with the rules adopted by the department
Section 2. Section 2-17-411, MCA, is amended to read:
Helena-based motor Motor pool -- department of transportation -- exceptions. (1) The department of
transportation is the custodian of all motor vehicles operated out of the Helena area used primarily to carry passengers or
having a cargo rating of three-quarters of a ton or less and which do not carry specialized equipment that would render them
unfit for interagency use, owned or leased by the state or its agencies (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
(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
his own personal
and private use, nor may he a state officer or state employee be compensated for driving his own a personal motor vehicle
unless that motor vehicle is used on state business.
The department of transportation may require that a A decal must be affixed to the instrument panel 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.
All Each state agency shall maintain motor vehicle operating history records for motor
vehicles under control of the department of transportation must be entered in the department of transportation 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:
Use rules Rules. (1) The department of transportation may adopt and enforce reasonable rules governing
the use maintenance and operation of motor vehicles under control of the department.
(2) The department shall establish reasonable rules governing:
(a) employee responsibility for misuse and negligent damage of state-owned or leased vehicles; (b) determination of when the use of privately owned vehicles on state business may be justified as in the best interest
of the state (a) the manner and procedure by which motor pool vehicles may be rented or leased to state officials, state
agencies, or state employees; (c)(b) procedures for determining when a state 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
necessity for trips, points to be
visited, approximate destination and date and time of departure and return and;
(b) for filing a report upon completion of the trip, showing
actual points reached, mileage traveled , and car cost record
data date and time of return ; and (c) for recording in the car operating history record book all items of expense incurred in the purchase of gas, oil,
repairs, labor, storage, or service."
Section 6. Repealer. Sections 2-17-413 and 2-17-431, MCA, are repealed.
- END -
Latest Version of HB 189 (HB0189.ENR)
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