S 448 Session 110 (1993-1994)
S 0448 General Bill, By Hayes, Giese, Lander, L.E. Richter and Waldrep
A Bill 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.
02/23/93 Senate Introduced and read first time SJ-3
02/23/93 Senate Referred to Committee on Finance SJ-4
A BILL
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.
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