Reference Title: off duty law enforcement work

AN ACT
AMENDING SECTION 38-538.02, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-805; RELATING TO OFF DUTY STATE LAW ENFORCEMENT OFFICERS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 38-538.02, Arizona Revised Statutes, is amended to read:

38-538.02 . Use of state motor vehicles; personal vehicle reimbursement; definition

A. A motor vehicle owned or leased by this state shall not be provided to an employee, including an elected official, for the employee's personal use except as provided in subsection D of this section.

B. This state shall restrict the use of all motor vehicles owned or leased by it for motor pool use only. An employee may use a motor vehicle in the motor pool for business purposes only.

C. Reimbursement for travel for business purposes with an employee's own motor vehicle shall only be based on actual miles traveled.

D. This section does not apply to a person who is exempt under section 38-538.03 OR A MOTOR VEHICLE THAT IS LEASED OR RENTED PURSUANT TO SECTION 41-805 OR SECTION 41-1713, SUBSECTION B, PARAGRAPH 9 .

E. For purposes of this section, " use for business purposes " does not include normal commuting to and from the employee's residence at any time unless the employee is on duty or on call for duty during the time that the employee is at the employee's residence.

Sec. 2. Title 41, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 41-805, to read:

41-805 . Off duty peace officers; lease or rental of motor vehicles

A. SUBJECT TO THE AGREEMENT OF THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION, THE HEAD OF A STATE DEPARTMENT OR AGENCY THAT EMPLOYS PEACE OFFICERS WHO ARE CERTIFIED BY THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD ESTABLISHED BY SECTION 41-1821 MAY ALLOW THOSE PEACE OFFICERS TO ENGAGE IN OFF DUTY LAW ENFORCEMENT WORK IF THAT WORK DOES NOT CONFLICT WITH THE WORK PERFORMED BY THE CERTIFIED PEACE OFFICERS FOR THE STATE DEPARTMENT OR AGENCY.

B. IF THE HEAD OF A STATE DEPARTMENT OR AGENCY ALLOWS ITS CERTIFIED PEACE OFFICERS TO ENGAGE IN OFF DUTY LAW ENFORCEMENT WORK PURSUANT TO SUBSECTION A OF THIS SECTION, THE STATE DEPARTMENT OR AGENCY MAY LEASE OR RENT MOTOR VEHICLES AND OTHER LAW ENFORCEMENT EQUIPMENT DIRECTLY TO ITS CERTIFIED PEACE OFFICERS FOR THE PURPOSE OF TRAFFIC SAFETY, TRAFFIC CONTROL OR OTHER LAW ENFORCEMENT RELATED ACTIVITY.

C. IF A STATE AGENCY OR DEPARTMENT LEASES OR RENTS MOTOR VEHICLES PURSUANT TO SUBSECTION B OF THIS SECTION, THE STATE AGENCY OR DEPARTMENT SHALL:

1. ADOPT RULES AND POLICIES RELATING TO THE LEASE OR RENTAL OF MOTOR VEHICLES AND OTHER LAW ENFORCEMENT EQUIPMENT THAT ARE SUBSTANTIALLY SIMILAR TO THE RULES AND POLICIES ADOPTED BY THE DEPARTMENT OF PUBLIC SAFETY.

2. TRANSMIT ANY MONIES GENERATED FROM THE LEASING OR RENTING OF THE STATE FLEET MOTOR VEHICLES TO THE STATE TREASURER FOR DEPOSIT IN THE MOTOR VEHICLE POOL REVOLVING FUND ESTABLISHED BY SECTION 41-804.

D. THE DEPARTMENT OF ADMINISTRATION SHALL ADOPT UNIFORM CONTRACT INDEMNITY PROVISIONS AND INSURANCE COVERAGE PROVISIONS NAMING THIS STATE AND THE AGENCY THAT ALLOWS ITS CERTIFIED PEACE OFFICERS TO ENGAGE IN OFF DUTY LAW ENFORCEMENT WORK AS ADDITIONAL INSUREDS ON A COMMERCIAL LIABILITY POLICY. THE COVERAGE POLICY APPLIES TO ALL EMPLOYERS OF CERTIFIED PEACE OFFICERS ENGAGING IN OFF DUTY LAW ENFORCEMENT WORK PURSUANT TO THIS SECTION. THE COVERAGE POLICY SHALL HOLD THIS STATE HARMLESS AND INDEMNIFY THIS STATE BY EMPLOYERS OF CERTIFIED PEACE OFFICERS ENGAGING IN OFF DUTY LAW ENFORCEMENT WORK.

APPROVED BY THE GOVERNOR APRIL 27, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 27, 1999.