Bill 454

                    Current Status

Bill Number:               454
Ratification Number:       536
Act Number                 429
Introducing Body:          Senate
Subject:                   Relating to the Division of Motor Vehicle
                           Management and the Motor Vehicle Management
                           Council created within the Budget and Control
                           Board

(A429, R536, S454)

AN ACT TO AMEND SECTION 24, PART II, OF ACT 644 OF 1978, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE MOTOR VEHICLE MANAGEMENT COUNCIL CREATED WITHIN THE BUDGET AND CONTROL BOARD, SO AS TO ESTABLISH A FLEET SAFETY PROGRAM BY THE STATE BUDGET AND CONTROL BOARD, MORE CLEARLY DEFINE THE FUNCTION OF THE MOTOR VEHICLE MANAGEMENT COUNCIL, REQUIRE A SUMMARY OF THE EFFORT OF THE DIVISION IN ASSISTING AGENCIES IN VEHICLE MANAGEMENT PROCEDURES, REQUIRE TRIP LOGS TO BE APPROVED INSTEAD OF DESIGNED BY THE BUDGET AND CONTROL BOARD, DELETE REQUIREMENT FOR FULL-TIME POLICE OFFICERS TO KEEP TRIP LOGS, DELETE REQUIREMENT THAT THE DIVISION OF MOTOR VEHICLE MANAGEMENT RECEIVE AND PAY ALL EXPENDITURES ON MOTOR VEHICLES, ESTABLISH UNIFORM COST PER MILES AND A COST ACCOUNTING SYSTEM, ESTABLISH A FLEET SAFETY PROGRAM AND DIRECT THE LEGISLATIVE AUDIT COUNCIL TO AUDIT THE DIVISION OF MOTOR VEHICLE MANAGEMENT BEGINNING APRIL 1, 1982.

Be it enacted by the General Assembly of the State of South Carolina:

Fleet Safety Program

Section 1. Subsection (A) of Section 24, Part II, of Act 644 of 1978 is amended by adding:

"(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."

Motor vehicle management council established

Section 2. Subsection (B) of Section 24, Part II, of Act 644 of 1978 is amended to read:

"(B) In order to develop proposed regulations for a comprehensive Motor Vehicle Management System, to act in an advisory capacity concerning the operations of the Division of Motor Vehicle Management, and to hear appeals against the enforcement of regulations promulgated by the Budget and Control Board pursuant to this section, there is hereby established a Motor Vehicle Management Council consisting of three members appointed by the Budget and Control Board, with the advice and consent of the Senate. Members shall serve terms of four years, except that of those first appointed, one shall serve two years, one shall serve three years, and one for a full term. Members shall be from the private sector and possess expertise in the field of motor vehicle management. In the event of a vacancy on the Council by reason of death, resignation, removal for cause or any other reason, the vacancy shall be filled in the manner of the original appointment for the unexpired term. Two members, present and voting, shall constitute a quorum for the conducting of Council business. Council members will meet not less than quarterly, and shall be allowed the regular per diem, mileage, and subsistence as provided by law for members of state boards and commissions."

Fleet manager and council to make report

Section 3. Subsection (E) of Section 24, Part II, of Act 644 of 1978 is amended to read:

"(E) The Fleet Manager and the Council shall report annually to the Budget and Control Board and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in this section and include in the report a summary of the Division's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide motor vehicle management program. This report shall also contain any recommended changes in the law and regulations necessary to achieve these objectives. The Board, after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of this section and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program."

Board to establish criteria

Section 4. Subsection (F) of Section 24, Part II, of Act 644 of 1978 is amended to read:

"(F) The Board shall establish criteria for individual assignment of motor vehicles based solely on the functional requirements of the job, which shall reduce such assignment to situations clearly beneficial to the State. Only the Governor and statewide elective state officials shall be provided an automobile solely on the basis of their office. All other individuals permanently assigned with automobiles shall log all trips on a log form approved by the Board, specifying beginning and ending mileage and job function performed. However, trip logs shall not be maintained for vehicles whose gross vehicle weight is greater than ten thousand pounds nor for vehicles assigned to full-time line law enforcement officers. Agency directors and commissioners permanently assigned state vehicles may utilize exceptions on a report denoting only official and commuting mileage in lieu of the aforementioned trip logs."

Board to develop system

Section 5. Subsection (G) of Section 24, Part II, of Act 644 of 1978 is amended to read:

"(G) The Board shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Board. Vehicles shall be placed in motor pools rather than being individually assigned except as specifically authorized by the Board in accordance with criteria established by the Board. The motor pool operated by the Division of General Services shall be transferred to the Division of Motor Vehicle Management. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Board for each trip, specifying beginning and ending mileage and the job function performed.

The provisions of this subsection shall not apply to school buses and service vehicles."

Agencies to implement and develop a uniform cost accounting and reporting system

Section 6. Subsection (I) of Section 24, Part II, of Act 644 of 1978 is amended to read:

"(I) In accordance with criteria established by the Board, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under its control. Agencies presently operating under existing systems may continue to do so provided that Board approval shall be required and that the existing systems shall be uniform with the criteria established by the Board. Beginning July 1, 1981, all routine expenditures on a vehicle including gasoline and oil shall be purchased from state-owned facilities and paid for by the use of Universal State Credit Cards except in unavoidable emergencies. The Board shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State."

Board to insure that state-owned motor vehicle identified

Section 7. Subsection (K) of Section 24, Part II, of Act 644 of 1978 is amended to read:

"(K) The Board shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-government license plates and either state or agency seal decals. No vehicles shall be exempt from the requirements for identification except those exempted by the Board.

This paragraph shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the Board after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Board is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily be impaired."

Legislative audit council shall audit division

Section 8. Subsection (L) of Section 24, Part II, of Act 644 of 1978 is amended to read:

"(L) The Legislative Audit Council shall audit compliance by the Division of Motor Vehicle Management and the agencies with this section every three years and publish its findings not later than April first each three-year period beginning April 1, 1982."

Board to develop and implement statewide Fleet Safety Program

Section 9. Section 24, Part II, of Act 644 of 1978 is amended by adding:

"(O) The Board shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Board shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."

Time effective

Section 10. This act shall take effect upon the approval by the Governor.