2005 California Government Code Sections 19993.1-19993.8 CHAPTER 4.5. STATE-OWNED MOTOR VEHICLES

GOVERNMENT CODE
SECTION 19993.1-19993.8

19993.1.  State-owned motor vehicles shall be used only in the
conduct of state business.  State business shall include the
operation of state-owned vehicles as commute vehicles in a carpool or
vanpool program authorized by a state agency, provided that a daily,
weekly, or monthly fee is charged that is adequate to reimburse the
state for the cost of providing such vehicles for such purpose.  No
state officer or employee shall use, or permit the use of, any
state-owned motor vehicle other than in the conduct of state
business.
19993.2.  The department shall prescribe rules and regulations
which:
   (a) Define the use of state-owned motor vehicles which constitutes
use in the conduct of state business and distinguish such use from
misappropriation for private use;
   (b) Prescribe the procedure for determining and collecting from
the employee responsible for the misuse the actual costs to the state
attributable to misuse of state-owned motor vehicles and the
disposition of such collections;
   (c) Prescribe the records and reports to be kept and made by state
agencies relating to the use of state-owned motor vehicles to the
end that misuse may be discovered with a minimum of recordkeeping;
   (d) Govern the storage of state-owned motor vehicles in those
locations where storage space, under the jurisdiction of the
Department of General Services, is available for storage of
state-owned motor vehicles;
   (e) Prescribe the procedures to be used in the operation of
state-owned vehicles as commute vehicles in a state carpool or
vanpool program.
19993.3.  The provisions of this chapter shall not apply to the
incumbents of elective state offices.
19993.4.  The Department of General Services shall administer the
provisions of this chapter and the rules and regulations adopted
pursuant thereto; provided, however, that it shall be the duty of the
head or governing body of each state agency to carry out and enforce
this chapter and said rules and regulations within such state
agency.
19993.5.  Any violation by a state officer or employee of this
chapter or the rules and regulations adopted pursuant thereto shall
constitute misuse of state property under Section 19572 of this code.
19993.6.  The department, upon its own initiative, may suspend from
state service without pay for a period not exceeding 30 days, any
officer or employee of this state exempt from civil service for
violating this chapter or the rules and regulations adopted pursuant
thereto.
   Such suspension is valid only if a written notice is served on the
officer or employee prior to the effective date of the suspension
and a copy of such notice filed with the State Personnel Board not
later than 15 days after the effective date of such suspension.  The
notice shall be served upon the employee either personally or by mail
and shall include:  (a) a statement of the nature of the punitive
action; (b) the effective date of the action; (c) a statement of the
causes therefor; and (d) a statement advising the employee of his or
her right to answer the notice and the time within which that must be
done if the answer is to constitute an appeal.
   The officer or employee against whom such punitive action is taken
shall have the right to file an answer with the State Personnel
Board as provided in Section 19575, and request a hearing.  If the
answer requests a hearing the State Personnel Board shall conduct a
hearing.  The board shall consider carefully the evidence submitted
in the hearing and render a decision sustaining, modifying or
revoking such suspension.
19993.7.  The provisions of this chapter shall not apply to members
of the California Highway Patrol nor to a peace officer defined in
subdivision (a) of Section 830.36 of the Penal Code.
19993.8.  Section 89008 of the Education Code, and not this chapter,
shall govern use of state-owned motor vehicles by employees of the
California State University.


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