House Bill 1358

AN ACT TO AMEND SECTION 25-1-77, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY MOTOR VEHICLES PURCHASED BY A STATE AGENCY, DEPARTMENT, INSTITUTION OR AGENCY TO CONTAIN A HYBRID GAS-ELECTRIC MOTOR OR A MOTOR EQUIPPED FOR USING ALTERNATIVE FUELS; TO REQUIRE A STATE AGENCY, DEPARTMENT, INSTITUTION OR AGENCY TO PURCHASE A CERTAIN PERCENTAGE OF SUCH VEHICLES BY THE SCHEDULED TIME SPECIFIED IN THIS ACT; FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-1-77, Mississippi Code of 1972, is amended as follows:

25-1-77. (1) No state department, institution or agency shall purchase any motor vehicle, regardless of the source of funds from which the motor vehicle is to be purchased, except under authority granted by the Department of Finance and Administration. The Department of Finance and Administration shall promulgate rules and regulations governing the purchase of any motor vehicle by a state department, institution or agency with regard to the appropriateness of the vehicle to its intended use, which shall include the requirement set forth in Subsection (4). The Department of Finance and Administration shall not grant authority to purchase a motor vehicle which is not the most appropriate vehicle type for its intended use unless specifically approved by the Legislature.

(2) It is not the intent of the Legislature for the Department of Finance and Administration to determine the sufficient number of motor vehicles needed by each state department, institution or agency, but to regulate the purchase so that the vehicle is the most appropriate type for its intended use. Further, it is the intent of the Legislature that any motor vehicle purchased shall be made with due concern for economical and efficient use, but shall also meet the needs of the department, institution or agency. The department, institution or agency shall maintain proper documentation signed by the executive director which provides the intended use of the vehicle and the basis for choosing the vehicle. Such documentation shall show that the department, institution or agency made reasonable efforts to purchase a vehicle that is economical and appropriate for its intended use. All such documentation shall be maintained and made available for review by the State Auditor and any other reviewing agency.

(3) The State Auditor shall make on-site visits and conduct audits necessary to ensure the intent of this section. On or before September 1 of each year, the State Auditor shall prepare and deliver to the Senate and House Fees, Salaries and Administration Committees and the Joint Legislative Budget Committee a report containing any irregularities that he finds concerning purchases of state-owned vehicles.

(4) (a) Beginning July 1, 2004, any motor vehicle purchased or leased by any state department, institution or agency shall contain a hybrid motor powered by a combination of gasoline and electricity or a motor equipped for using an alternative fuel. For purposes of this section, the term "alternative fuel" means compressed natural gas, liquefied petroleum gas, reformulated gasoline, methanol, ethanol, electricity, and any other fuel which meet or exceed federal Clean Air Act standards.

(b) All state departments, institutions or agencies shall achieve the following percentages of replacement vehicles containing a hybrid motor powered by a combination of gasoline and electricity, or a motor equipped for using alternative fuels, by the times specified:

(i) The percentage shall be equal to or greater than thirty percent (30%) of the number of the department's, institution's or agency's fleet vehicles operated by January 1, 2006.

(ii) The percentage shall be equal to or greater than fifty percent (50%) of the number of the department's, institution's or agency's fleet vehicles operated by January 1, 2008.

(iii) The percentage shall be equal to or greater that seventy-five percent (75%) of the number of the department's, institution's or agency's fleet vehicles operated by January 1, 2010.

(c) The State Auditor in its annual report to the Senate and House Conservation and Water Committees and the Joint Legislative Budget Committee shall show the progress in achieving the percentage requirements prescribed in paragraph (b).

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.