I. The department of administrative services shall determine for each 2-year budget cycle the minimum number of miles required to justify retaining a state-owned vehicle referred to as the break-even mileage. The break-even miles shall take into account operational costs, depreciation, and mileage reimbursement rates for use of personal vehicles as follows:
      (a) Break-even mileage shall be calculated by summing average fixed and annual operating costs then dividing by the Internal Revenue Service reimbursement rate.
      (b) Fixed costs shall include the average purchase price minus the average resale price divided by the average useful life of the vehicle. Average annual operating costs shall include: oil changes, repairs, tires, gasoline, insurance, and other miscellaneous costs, if any.
   II. The department of administrative services shall make this determination by September 1 of the first year of each biennium. The break-even mileage shall only apply to vehicles in service by an agency for an entire fiscal year.
   III. If state-owned passenger vehicles are assigned to a state agency and such vehicles on average are not used for travel at or above the break-even mileage requirement during such year, the director of plant and property management shall transfer a vehicle or vehicles and declare them surplus until the agency's re-computed average passenger vehicle mileage is at or above the break-even mileage. Average vehicle mileage shall be calculated by the total miles driven by an agency's passenger vehicles divided by the total number of passenger vehicles. An agency may within 60 days after the end of the fiscal year apply to the fiscal committee of the general court to retain such vehicle or vehicles. If such agency presents a clear and convincing case for the continued assignment of a vehicle or vehicles to the agency, the fiscal committee may permit the agency to retain a vehicle or vehicles. The director of plant and property management shall either sell or transfer the vehicle or vehicles declared to be surplus pursuant to a centralized state vehicle pool or to this section to any state agency having employees who travel more than the break-even mileage requirement as set by the department of administrative services and who are being reimbursed for travel in privately-owned vehicles. The term ""agency'' as used in this section includes a department, institution, board, division, and commission.
   IV. All permanently assigned passenger vehicles shall be approved by the governor and council by September 30, 2009 or such vehicles shall be declared surplus and the director of plant and property management shall transfer the vehicle or vehicles to a centralized state vehicle pool.
   V. The provisions of paragraph IV shall not apply to law enforcement vehicles with the exception of those vehicles assigned to staff personnel or to any vehicles acquired with 100 percent federal funds.
   VI. The state website shall provide an Internet link allowing state employees and the general public to report abuse of a state vehicle.
Source. 2009, 134:1, eff. June 29, 2009.