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8a-363
8A.363 PRIVATE USE PROHIBITED -- RATE FOR STATE
BUSINESS.
1. A state officer or employee shall not use a state-owned motor
vehicle for personal private use. A state officer or employee shall
not be compensated for driving a privately owned motor vehicle unless
it is done on state business with the approval of the director. In
that case the state officer or employee shall receive an amount to be
determined by the director. The amount shall not exceed the maximum
allowable under the federal internal revenue service rules per mile,
notwithstanding established mileage requirements or depreciation
allowances. However, the director may authorize private motor
vehicle rates in excess of the rate allowed under the federal
internal revenue service rules for state business use of
substantially modified or specially equipped privately owned vehicles
required by persons with disabilities. A statutory provision
establishing reimbursement for necessary mileage, travel, or actual
expenses to a state officer falls under the private motor vehicle
mileage rate limitation provided in this section unless specifically
provided otherwise. Any peace officer employed by the state as
defined in section 801.4 who is required to use a private motor
vehicle in the performance of official duties shall receive the
private vehicle mileage rate at the rate provided in this section.
However, the director may delegate authority to officials of the
state, and department heads, for the use of private vehicles on state
business up to a yearly mileage figure established by the director.
If a state motor vehicle has been assigned to a state officer or
employee, the officer or employee shall not collect mileage for the
use of a privately owned motor vehicle unless the state motor vehicle
assigned is not useable.
2. This section does not apply to any of the following:
a. Officials and employees of the state whose mileage is paid
other than by a state agency.
b. Elected officers of the state.
c. Judicial officers or court employees.
d. Members and employees of the general assembly who shall be
governed by policies relating to motor vehicle travel, including but
not limited to reimbursement for expenses, if such policies are
otherwise established by the general assembly. Section History: Recent Form
2003 Acts, ch 145, §53
Referred to in § 2.10, 8A.366, 13B.5, 307.12
See also §2.10, 70A.9, 602.1509
