Title 42
State Affairs and Government

Chapter 11.3
Motor Vehicles Owned by a Governmental Body

§ 42-11.3-4. Reimbursement of governmental body for commuting mileage.

(a) The user of a vehicle owned by a governmental body shall reimburse, on a monthly basis, costs incurred as a result of the use of the vehicle in commuting. No vehicle may be used for commuting except upon written approval of the employee’s appointing authority and the director of administration. That approval will terminate on December 31 of each year but may be annually renewed. Cost shall be determined by multiplying the number of miles by the rate set forth in 26 U.S.C. § 162.

(b) The general officers, law enforcement officers, and the directors of the various state departments are exempt from this section provided however, that the use of a vehicle by a general officer for political purposes is subject to this section.

(c) [Deleted by P.L. 2000, ch. 100, § 1.]

(d) The director of each governmental body shall submit to the director of administration, the house fiscal advisory staff and the senate fiscal advisory staff the name and address of each user of a vehicle owned by a governmental body that is subject to recall at any time.

(e)(1) Except for the following circumstances, the director of a governmental body shall not require an employee to use a vehicle owned by a governmental body for commuting purposes:

(i) Vehicles assigned to law enforcement officers;

(ii) Vehicles assigned to employees who are on emergency response status; the need for these employees to respond to emergencies in an assigned vehicle must be clearly established and must be clearly beneficial to the state;

(iii) Vehicles assigned to employees which serve as the employee’s primary office; the employees must work outside their work location for at least eighty percent (80%) of the workweek;

(iv) Vehicles assigned to employees in situations where it is clearly more beneficial for the state if the employee goes directly from his or her residence to a temporary or seasonal work site;

(v) Vehicles assigned to employees who are using the vehicle on a per trip basis and are required to use the vehicle either before or after regular working hours; and

(vi) Specially equipped vehicles assigned to employees who are required to work with the vehicle after their regular working hours.

(2) Notwithstanding subdivision (e)(1), no employee shall use a vehicle owned by a governmental body for commuting purposes except upon the written recommendation of the appointing authority and the written approval of the director of administration. Any approval will terminate on December 31 of each year, but may be annually renewed.

(3) Employees who have received approval to use an assigned vehicle for commuting purposes pursuant to this subsection are not required to reimburse the state for the use.

(f) Nothing in this section affects the obligations of the vehicle operator as set forth in 26 U.S.C. § 280F.