Current Status Introducing Body:Senate Bill Number:448 Primary Sponsor:Hayes Committee Number:06 Type of Legislation:GB Subject:State Motor Vehicle Fleet Management Program Residing Body:Senate Current Committee:Finance Computer Document Number:BBM/10238JM.93 Introduced Date:19930223 Last History Body:Senate Last History Date:19930223 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hayes Giese Lander Waldrep Richter Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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448 Senate 19930223 Introduced, read first time, 06
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-225 SO AS TO PROVIDE THAT THE STATE MOTOR VEHICLE FLEET MANAGER SHALL BE RESPONSIBLE FOR THE OVERALL MANAGEMENT AND OWNERSHIP OF THE STATE MOTOR VEHICLE FLEET, AND PROVIDE FOR RELATED REQUIREMENTS; TO AMEND SECTION 1-11-220, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE FLEET MANAGEMENT PROGRAM, SO AS TO REFERENCE SECTION 1-11-225; TO AMEND SECTION 1-11-250, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND DEFINITIONS, SO AS TO CHANGE A CODE SECTION REFERENCE AND DELETE THE DEFINITION OF MOTOR VEHICLE MANAGEMENT COUNCIL; TO AMEND SECTION 1-11-260, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT, ANNUAL REPORTS, POLICIES, PROCEDURES, AND REGULATIONS, SO AS TO DELETE THE REFERENCE TO THE MOTOR VEHICLE MANAGEMENT COUNCIL, CHANGE CODE SECTION REFERENCES, AND PROVIDE FOR THE RECOMMENDATION OF ADMINISTRATIVE PENALTIES TO BE "LEVIED AGAINST AGENCIES", RATHER THAN TO BE "USED BY THE AGENCIES", FOR VIOLATION OF PRESCRIBED PROCEDURES AND REGULATIONS RELATING TO THE FLEET MANAGEMENT PROGRAM; TO AMEND SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT, TITLES, AND ACQUISITION AND DISPOSITION OF VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND CHANGE SUBSECTION REFERENCES; AND TO REPEAL SECTIONS 1-11-230, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND MOTOR VEHICLE MANAGEMENT COUNCIL; 1-11-240, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT, DUTIES OF MOTOR VEHICLE MANAGEMENT COUNCIL, AND HEARING PROCEDURE; 1-11-270, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE ESTABLISHMENT OF CRITERIA FOR INDIVIDUAL ASSIGNMENT OF MOTOR VEHICLES; 1-11-280, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND INTERAGENCY MOTOR POOLS; 1-11-290, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE PLAN FOR MAXIMALLY COST-EFFECTIVE VEHICLE MAINTENANCE; 1-11-300, RELATING TO STATE AGENCIES' DEVELOPMENT AND IMPLEMENTATION OF A UNIFORM COST ACCOUNTING AND REPORTING SYSTEM, PURCHASE OF MOTOR VEHICLE EQUIPMENT AND SUPPLIES, USE OF CREDIT CARDS, AND DETERMINATION OF VEHICLE COST PER MILE; 1-11-320, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT, PLATES AND OTHER IDENTIFICATION REQUIREMENTS, AND EXEMPTIONS; AND 1-11-330, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE EXEMPTION OF STATE DEPARTMENT OF EDUCATION VEHICLES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 1-11-225. Notwithstanding any other provision of law:
(A) The state motor vehicle fleet manager shall be responsible for the overall management and ownership of the state motor vehicle fleet, including all passenger vehicles regardless of the sources of funds from which they were purchased. As managing agent, the state fleet manager is authorized to assign vehicles in such a manner that maximizes the use of the state fleet. The state fleet manager also shall design and implement preventative maintenance programs for the vehicles in the state fleet and determine replacement needs. To this end, the state fleet manager shall implement an MIS system with information necessary to cost-effectively meet state agencies' motor vehicle needs and allow the State to determine the optimum time for replacing vehicles based on the individual vehicle's maintenance history.
(B) The state fleet manager shall implement a program whereby state agencies are required to review and rejustify passenger-vehicle-need by means of a zero-base vehicle justification, including consideration of vehicle pooling, and to reclassify vehicles based on their specific transportation activities. All equipment must be specifically justified.
(C) Based on the analysis provided for under item (B), the Division of Motor Vehicle Management shall direct the return of excess vehicles to that division.
(D) All state motor vehicles must be leased from the Division of Motor Vehicle Management and state agencies must be billed for the leases, which must be competitive with the market rate. Certain task related vehicles may be exempted from this section, based on a thorough cost analysis and as defined by the state fleet manager with consultation with the state agencies. No state agency may be exempted from the requirements of this item (D) except as specifically authorized by act of the General Assembly. Unless so specifically exempted, an agency may not enter into private leasing agreements for passenger vehicles for longer than ten days.
(E) Every state agency affected by the provisions of this section shall prepare a plan on how to reduce POV reimbursement, which must be reduced by at least twenty percent the first year after the effective date of this section, and submit the plan to the Division of Motor Vehicle Management for annual approval as part of the state's budget process. The plan shall address and include:
(1) analysis of underutilized vehicles and their reassignment to high POV mileage situations;
(2) better coordination of trips to the same location during the same week;
(3) how pooling is to be enforced;
(4) the elimination of discretionary trips; and
(5) how travel vouchers and other forms are to be audited by the particular agency.
(F) The state motor vehicle fleet manager shall manage a central motor pool with principal offices in Columbia and branch central motor pools at other places within the State as considered necessary by the fleet manager. Pool vehicles must be used by state agencies when such use is more economical than other means of transportation. Pool vehicles may be assigned to state agencies by the state fleet manager for various periods of time as determined by the fleet manager to be necessary and appropriate.
(G) Only the state motor vehicle fleet manager shall determine and approve the permanent assignment of state-owned passenger vehicles to state agencies, and that assignment must be made on the following basis:
(1) vehicles likely to be driven a specified number of business miles monthly as determined by the state fleet manager based on optimum vehicle usage; no personal use shall be allowed; vehicle is parked in a pool and may be used by any person; and
(2) line law enforcement agents as determined by the state fleet manager in conjunction with state law enforcement agencies; and
(3) only the Governor and statewide elective officials shall be provided an automobile solely on the basis of their office.
(H) Personal use of vehicles in the state fleet is prohibited, unless an agency employee is in official travel status. Unauthorized use shall result in revocation of assignment of the motor vehicle and, further, shall subject the assignee to appropriate disciplinary measures for misusing state property.
(I) The state motor vehicle fleet manager shall cause all state vehicles to be identified with an appropriate statement that the vehicle belongs to a particular institution or agency of the State, with the exception of certain law enforcement vehicles which are used in undercover operations, and ensure the use of nonexpiring registration plates and cause the state seal to appear on the vehicles in an appropriate manner. The Division of Motor Vehicle Management shall review confidential tag requests during its management review to ensure that they are valid and updated.
(J) Each state agency shall appoint an individual employee to be responsible for agency compliance with motor vehicle policy and for maintaining continued surveillance of agency transportation requirements.
(K) State agencies shall regularly review assignment and use of motor vehicles. Agencies shall verify on an annual basis to the Division of Motor Vehicle Management whether or not the agencies have complied with motor vehicle assignment and use criteria and whether mileage capacity is being efficiently utilized. If reports indicate that a state agency is utilizing its vehicles inefficiently, the Division of Motor Vehicle Management may decrease the agency's scheduled number of replacement vehicles by the percentage of its underutilized vehicles or reassign the underutilized vehicles to another agency.
(L) All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost-beneficial to the State. Every state agency must justify commercial gasoline purchases that are over twenty percent of total gasoline purchases.
(M) During a state agency's management review, the state motor vehicle fleet manager must identify violations, if any, of this section or of any other provision of law applicable to operation of the state motor vehicle fleet. The state fleet manager may revoke the assignment of a vehicle for violation of a statute or regulation.
(N) The state motor vehicle fleet manager is authorized to establish eligibility criteria for the initial purchase or replacement of a state vehicle which bases the size of the vehicle on needs determined by job function. The standard state fleet sedan or station wagon must be no larger than a compact model, and the special state fleet sedan or station wagon must be no larger than an intermediate model. Requests for additional or replacement vehicles must be part of the budget request and such requests must reflect the projected usage and source of funds and must have approval of the state fleet manager.
(O) The Division of Motor Vehicle Management shall use central purchasing and repair through the use of negotiated contracts to the extent that this is most efficient and economical and is authorized or required by the State Procurement Code.
(P) All passenger vehicles in the state motor vehicle fleet must be replaced with the state standard model (N) unless an agency is able to demonstrate to the Division of Motor Vehicle Management a compelling need for a different size or different type of vehicle. Requests for exemptions under this item (P) must include:
(1) the use of the vehicle,
(2) number of passengers carried on a routine basis,
(3) type and amount of cargo carried on a routine basis, and
(4) the total weight, including passengers to be carried in the vehicle.
(Q) The Division of Motor Vehicle Management shall develop accurate life-cycle cost information and shall monitor vehicle life-cycle costs to obtain the most effective fleet cycling policy for the State. The Division of Motor Vehicle Management shall implement a statewide information system of records necessary for carrying out the operation, maintenance, replacement, and repair of state motor vehicles. A plan must be formulated to preserve a historical record which meets the data needs of the Division of Motor Vehicle Management in managing the state fleet, as well as the needs of auditors and other analysts. The Division of Motor Vehicle Management may request the assistance of other state entities and agencies in carrying out the provisions of this section."
SECTION 2. Section 1-11-220 of the 1976 Code is amended to read:
"Section 1-11-220. There is hereby established within the Budget and Control Board the Division of Motor Vehicle Management headed by a Director, hereafter referred to as the `State Fleet Manager', appointed by and reporting directly to the Budget and Control Board, hereafter referred to as the board. The board shall develop a comprehensive state Fleet Management Program in accordance with the provisions of Section 1-11-225. The program shall address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles, as well as any other areas or aspects of this subject mandated by Section 1-11-225.
The Budget and Control Board shall, through their policies and regulations, seek to achieve the following objectives:
(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.;
(b) to eliminate unofficial and unauthorized use of state vehicles.;
(c) to minimize individual assignment of state vehicles.;
(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.;
(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.;
(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."
SECTION 3. Section 1-11-250 of the 1976 Code is amended to read:
"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330 1-11-340:
(a) `State agency' shall mean all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) `Board' shall mean State Budget and Control Board.
(c) "Council" shall mean the Motor Vehicle Management Council as established in Section 1-11-230."
SECTION 4. Section 1-11-260 of the 1976 Code is amended to read:
"Section 1-11-260. 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 Sections 1-11-220 through 1-11-330 1-11-340 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 Sections 1-11-220 through 1-11-330 1-11-340 and shall recommend administrative penalties to be used by the levied against agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program."
SECTION 5. Section 1-11-310 of the 1976 Code, as last amended by Part V, Section 2 of Act 449 of 1992, is further amended to read:
"Section 1-11-310. (A) The State Budget and Control Board shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for non-law enforcement use.
(C) (A) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of `Law Enforcement Officer' must be standard or special state fleet sedans.
(D) (B) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division of Motor Vehicle Management pending sale or disposal of the vehicle.
(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation must be retained by those agencies.
(F) (C) Exceptions to requirements in subsections (B) and (C) subsection (A) must be approved by the director of the Division of Motor Vehicle Management. Requirements in subsection (B) do not apply to the State Development Board.
(G) (D) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency."
SECTION 6. Sections 1-11-230, 1-11-240, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-320, and 1-11-330 of the 1976 Code are repealed.
SECTION 7. This act takes effect upon approval by the Governor.