2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 21-I - Department of Administrative Services › Section 21-I:19-h - Disposal of State-Owned Vehicles Based on Nonbusiness Use.

21-I:19-h Disposal of State-Owned Vehicles Based on Nonbusiness Use. –
I. Each agency, as defined in RSA 21-G:5, III, shall report quarterly to the department of administrative services the total miles and total nonbusiness miles traveled by each state-owned motor vehicle, including, but not limited to, use of vehicles for commuting between an employee's home and regular place of business. This section shall not apply to vehicles used for the purposes of law enforcement. This section shall be interpreted so as not to conflict with federal Internal Revenue statutes or regulations and shall not relieve an agency or its employees from non-wage fringe benefit reporting requirements for nonbusiness use of state-owned motor vehicles.
II. By August 1, 2011, each agency shall review the utilization of all vehicles which are assigned to the agency to determine if nonbusiness use for any vehicle exceeds 15 percent of the total miles traveled by that vehicle for the preceding fiscal year. By August 1 of each year after 2011, each agency shall conduct the same review using the percentage of nonbusiness use miles adjusted by the vehicle utilization committee.
III. Each agency shall, by August 15, 2011, report to the commissioner in writing all vehicles which are determined to have nonbusiness use exceeding 15 percent of the total miles traveled by that vehicle for the preceding fiscal year. Each agency shall, by August 15 of each year after 2011, report to the commissioner in writing all vehicles which are determined to have nonbusiness use miles exceeding the percentage adjusted by the vehicle utilization committee.
IV. The commissioner shall, by October 1, 2011 and each October 1 thereafter, submit a report to the governor and council and to the fiscal committee of the general court identifying all vehicles which he or she has been advised have nonbusiness use exceeding the applicable percentage of total miles traveled by that vehicle for the preceding fiscal year.
V. For each vehicle reported under paragraph III, the director of the division of procurement and support services of the department of administrative services either shall declare the vehicle surplus and transfer or otherwise dispose of the vehicle or shall reassign the vehicle within the agency, unless a waiver of the requirements of this paragraph is granted by the vehicle utilization committee.
VI. Requests for waivers from the vehicle utilization committee shall be submitted to the commissioner at the same time as the report required by paragraph III. The vehicle utilization committee shall grant a waiver if it concludes that to do so would be in the best interests of the state.
VII. There is hereby established a vehicle utilization committee consisting of the following officials or designees:
(a) The commissioner of the department of administrative services.
(b) The director of the division of procurement and support services of the department of administrative services.
(c) The commissioner of the department of transportation.
(d) The commissioner of the department of safety.
(e) The commissioner of the department of environmental services.
VIII. After October 1, 2011, the vehicle utilization committee may, at any time, with the prior approval of the fiscal committee of the general court, adjust the percentage of nonbusiness use miles traveled by a vehicle during the preceding fiscal year which may result in a vehicle being declared surplus and subject to transfer or other disposal by the director of the division of procurement and support services. In the absence of any adjustment, the percentage shall be 15 percent. Any adjustment of the percentage made by the vehicle utilization committee shall be communicated to agencies by the vehicle utilization committee and shall remain in effect until further adjustment, if any, is made.
Source.
2010, 241:1, eff. July 1, 2010. 2014, 327:23, eff. Aug. 2, 2014.