_________ Bill No. _______

Introduced By _______________________________________________________________________________

By Request of the Department of Transportation

A Bill for an Act entitled: "An Act generally revising the state motor pool laws; clarifying department of transportation and other agency responsibilities; imposing user agency operating requirements; clarifying the state identification requirement for motor vehicles; amending sections 2-17-402, 2-17-411, 2-17-421, 2-17-422, and 2-17-423, MCA; and repealing sections 2-17-412, 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 Each motor vehicle owned by the state must have a seal 8 inches in diameter placed upon the vehicle in accordance with the rules adopted by the department of transportation, logo, or other form of state ownership identification placed upon the vehicle in accordance with agency policy."

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

"2-17-411.   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 administratively responsible for the motor pool. The motor pool is responsible for the acquisition, maintenance, repair, rental rates, rules, regulations, and administration of vehicles in its custody.

(2)  The department may adopt and enforce reasonable rules governing the use and operation of motor vehicles. The rules may:

(a) determine the manner and procedure in which state-owned or leased vehicles in the custody of the motor pool may be rented or leased to state officials, state agencies, or state agency employees;

(b) establish rental charges for vehicles, which may include reimbursement of actual costs for administration, maintenance, service, operation, storage, replacement, and disposal;

(c) establish the best method to surplus vehicles to maximize sales and reduce costs. Disposal may be by competitive sealed bids, public auctions, dealer auctions, posted prices, or other established marketing methods.

(d) set forth employee responsibility for use, misuse, and negligent damage of motor pool vehicles;

(e) provide for scheduling of vehicles and filing of applications for travel that lists destination and departure date and time;

(f) provide for filing reports upon trip completion, showing miles of travel and return date and time;

(g) provide procedures for determining when a motor vehicle is not available and for authorizing personal vehicle use if a motor pool vehicle is not available.

(3) 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 employee may not use a state-owned or leased motor vehicle for his the employee's own personal and private use, nor may he the employee be compensated for driving his the employee's own motor vehicle unless that motor vehicle is used on state business.

(2)  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 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 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 -- agency responsibility. All Each agency shall maintain motor vehicle operating history records for motor vehicles under the agency's control of the department of transportation must be entered in the department of transportation. 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.   Use rules. (1) The department of transportation may Each agency shall adopt and enforce reasonable rules governing the use and operation of motor vehicles under the agency's control of the department.

(2)  The department Each agency shall establish reasonable rules governing:

(a)  employee responsibility for misuse and negligent damage of state-owned or leased vehicles; and

(b)  determination of when the use of privately owned vehicles on state business may be justified as in the best interest of the state;.

(c)  procedures for determining when a state vehicle is not available for use.

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

(a)  for filing an application for travel showing necessity for trips, points to be visited, approximate time of departure and return;

(b)  for filing a report upon completion of the trip, showing actual points reached, mileage traveled, and car cost record data; 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."

NEW SECTION. Section 6.  Repealer. Sections 2-17-412, 2-17-413, and 2-17-431, MCA, are repealed.