1. (a) Whenever any state agency purchases a motor vehicle, the state agency shall purchase a motor vehicle which utilizes E85 fuels unless: (1) The manufacturer of the vehicle model to be purchased does not offer such vehicle model with an engine that utilizes E85 fuels; or (2) the cost of the vehicle is $250 or more than the cost of such a vehicle model that does not utilize E85 fuels.
2. (b) The provisions of subsection (a) shall not apply to the following: (1) The purchase of diesel fueled vehicles; (2) vehicles purchased in conformity with federal requirements; or (3) vehicles purchased for the Kansas highway patrol.
3. (c) Whenever a state agency leases a motor vehicle, the state agency shall lease a motor vehicle that utilizes E85 fuels unless no suitable vehicle that utilizes E85 fuels is available for lease.
4. (d) As used in this section, "E85 fuels" shall have the meaning ascribed thereto in K.S.A. 79-3401, and amendments thereto.
5. (e) With the approval of the head of the purchasing state agency, a state agency may purchase a motor vehicle which utilizes E85 fuels even though the cost is $250 or more than the cost of such a vehicle that does not utilize E85 fuels.

L. 2007, ch. 106, § 1; July 1.