ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4568

(By Delegates Martin, Michael, Mezzatesta and

Stemple)

[Passed March 11, 2000; in effect ninety days from passage.]



AN ACT to repeal article six, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section forty-eight, article three of said chapter, relating to exempting the state fire marshal from certain department of administration rules and requirements for vehicle and aircraft .

Be it enacted by the Legislature of West Virginia:

That article six, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that section forty-eight, article three of said chapter be amended and reenacted, to read as follows: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 of this article do not apply to the division of highways of the department of transportation, the West Virginia state police, the division of natural resources, the division of forestry, the department of agriculture, the office of the state fire marshal and the higher education governing boards and their institutions: Provided, however, That the higher education governing boards and their institutions shall report annually to the secretary of education and the arts and the legislative oversight commission on education accountability in a form and manner as required by the secretary of education and the arts. The 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.
(c) Provisions of this section relating to the governing boards of higher education and the institutions under their jurisdiction shall expire on the first day of July, two thousand one, unless the continuation thereof is authorized by the legislative oversight commission on education accountability.