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S.B. 57

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STATE MOTOR VEHICLE FLEET

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OPERATIONS AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: George Mantes

6    AN ACT RELATING TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES;
7    TRANSFERRING THE RESPONSIBILITY FOR THE FUEL DISPENSING PROGRAM
8    FROM THE DIVISION OF GENERAL SERVICES TO THE DIVISION OF FLEET
9    OPERATIONS; MODIFYING THE MEMBERSHIP OF THE MOTOR VEHICLE REVIEW
10    COMMITTEE; MODIFYING THE DUTIES OF THE DIVISION OF FLEET OPERATIONS;
11    MODIFYING THE CONDITIONS FOR LOCAL GOVERNMENT ENTITIES TO
12    PARTICIPATE IN THE CENTRAL MOTOR POOL; MAKING TECHNICAL
13    CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
14    This act affects sections of Utah Code Annotated 1953 as follows:
15    AMENDS:
16         63A-2-103, as last amended by Chapters 334 and 336, Laws of Utah 1996
17         63A-9-301, as enacted by Chapter 334, Laws of Utah 1996
18         63A-9-401, as enacted by Chapter 334, Laws of Utah 1996
19         63A-9-701, as enacted by Chapter 334, Laws of Utah 1996
20    This act enacts uncodified material.
21    Be it enacted by the Legislature of the state of Utah:
22        Section 1. Section 63A-2-103 is amended to read:
23         63A-2-103. General services provided -- Subscription by state departments and
24     agencies and certain local governmental entities -- Fee schedule.
25        (1) (a) The director of the Division of General Services shall operate and maintain:
26        (i) a central mailing service;
27        [(ii) a fuel dispensing services program that meets the requirements of Subsection (3);]

1        [(iii)] (ii) a surplus property program that meets the requirements of this part and is
2    qualified to receive federal surplus property under the provisions of Section 203(j) of the Federal
3    Property and Administrative Services Act of 1949; and
4        [(iv)] (iii) a central store for all state departments and agencies.
5        (b) The director may establish microfilming, duplicating, printing, addressograph, and
6    other central services.
7        (2) (a) [Except as provided in Subsection (3)(a), all] Each state [departments] department
8    and [agencies] agency shall subscribe to all of the services described in Subsection (1), unless the
9    director delegates the director's authority to a department or agency under Section 63A-2-104.
10        (b) [Except as provided in Subsection (3)(a), an] An institution of higher education may
11    subscribe to one or more of the services described in Subsection (1), if, and to the extent that, the
12    president of the institution recommends and the State Board of Regents determines that the
13    performance of the services by the director of the Division of General Services will result in
14    substantial cost savings or increased efficiency to the institution.
15        [(3) (a) (i) Each state agency and each higher education institution shall subscribe to the
16    fuel dispensing services provided by the division.]
17        [(ii) A state agency may not provide or subscribe to any other fuel dispensing services,
18    systems, or products other than those provided by the division.]
19        [(b) Counties, municipalities, school districts, special districts, and federal agencies may
20    subscribe to the fuel dispensing services provided by the division if:]
21        [(i) the county or municipal legislative body, or the school district, or the special district
22    board recommends that the county, municipality, school district, or special district subscribe to the
23    fuel dispensing services of the division; and]
24        [(ii) the division approves participation in the program by that government unit.]
25        [(4)] (3) (a) The director shall prescribe a schedule of fees to be charged for all services
26    [rendered] provided by the division to any department or agency after receiving prior approval of
27    the fee schedule from the:
28        (i) director of the Division of Finance; and
29        (ii) Legislature, as required by Section 63-38-3.2.
30        (b) When practicable, [fees prescribed by] the director of the Division of General Services
31    shall [be commensurate with] ensure that the fees are approximately equal to the cost of providing

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1    the services.
2        Section 2. Section 63A-9-301 is amended to read:
3         63A-9-301. Motor Vehicle Review Committee -- Composition.
4        (1) There is created a Motor Vehicle Review Committee to advise the division.
5        (2) The committee shall be composed of [nine] seven members as follows:
6        (a) the executive director of the Department of Administrative Services or his designee;
7        (b) the director of the Division of Finance or his designee;
8        (c) the director of the Division of Purchasing or his designee; and
9        [(d) the executive director of the Department of Transportation or his designee;]
10        [(e) the Commissioner of Public Safety or his designee;]
11        [(f) the Commissioner of Higher Education or his designee;]
12        [(g) the executive director of the Department of Natural Resources or his designee; and]
13        [(h) two] (d) four public members from the automotive industry with expertise in fleet
14    operations and maintenance appointed by the governor.
15        (3) (a) Except as required by Subsection (b), the governor shall appoint each public
16    member to a four-year term.
17        (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
18    appointment, adjust the length of terms to ensure that the terms of public members are staggered
19    so that approximately one half of the public members are appointed every two years.
20        (c) When a vacancy occurs in the membership for any reason, the replacement shall be
21    appointed for the unexpired term.
22        (4) (a) (i) Members who are not government employees shall receive no compensation or
23    benefits for their services, but may receive per diem and expenses incurred in the performance of
24    the member's official duties at the rates established by the Division of Finance under Sections
25    63A-3-106 and 63A-3-107.
26        (ii) Members may decline to receive per diem and expenses for their service.
27        (b) (i) State government members who do not receive salary, per diem, or expenses from
28    their agency for their service may receive per diem and expenses incurred in the performance of
29    their official duties from the committee at the rates established by the Division of Finance under
30    Sections 63A-3-106 and 63A-3-107.
31        (ii) State government members may decline to receive per diem and expenses for their

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1    service.
2        (c) (i) Higher education members who do not receive salary, per diem, or expenses from
3    the entity that they represent for their service may receive per diem and expenses incurred in the
4    performance of their official duties from the committee at the rates established by the Division of
5    Finance under Sections 63A-3-106 and 63A-3-107.
6        (ii) Higher education members may decline to receive per diem and expenses for their
7    service.
8        (5) Five members of the committee are a quorum.
9        (6) The executive director of the Department of Administrative Services is chair of the
10    committee.
11        Section 3. Section 63A-9-401 is amended to read:
12         63A-9-401. Division -- Duties.
13        (1) The division shall:
14        [(1)] (a) coordinate all purchases of state vehicles;
15        [(2) establish procedures and time lines for the transfer of ownership of all state vehicles
16    to the division by July 1, 1997;]
17        [(3) establish procedures and time lines for the transfer of employees, office equipment,
18    and other administrative resources to the new division by April 1, 1997;]
19        [(4)] (b) establish one or more fleet automation and information systems for state vehicles;
20        [(5)] (c) make rules establishing requirements for:
21        [(a)] (i) maintenance operations for state vehicles;
22        [(b)] (ii) use requirements for state vehicles;
23        [(c)] (iii) fleet safety and loss prevention programs;
24        [(d)] (iv) preventative maintenance programs;
25        [(e)] (v) procurement of state vehicles, including authorization requirements for fleet
26    expansion and standards for vehicle sizing, alternative fuel vehicles, short-term lease programs,
27    and warranty recovery programs;
28        [(f)] (vi) fuel management programs;
29        [(g)] (vii) cost management programs;
30        [(h)] (viii) business and personal use practices, including commute standards;
31        [(i)] (ix) cost recovery and billing procedures;

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1        [(j)] (x) disposal of state vehicles;
2        [(k)] (xi) reassignment of state vehicles and reallocation of vehicles to other fleets;
3        [(l)] (xii) standard use and rate structures for state vehicles; and
4        [(m)] (xiii) insurance and risk management requirements;
5        [(6)] (d) establish a parts inventory;
6        (e) create and administer a fuel dispensing services program that meets the requirements
7    of Subsection (2);
8        [(7)] (f) emphasize customer service when dealing with agencies and agency employees;
9    and
10        [(8)] (g) conduct an annual audit of all state vehicles for compliance with division
11    requirements.
12        (2) (a) (i) Each state agency and each higher education institution shall subscribe to the
13    fuel dispensing services provided by the division.
14        (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
15    systems, or products other than those provided by the division.
16        (b) Counties, municipalities, school districts, special districts, and federal agencies may
17    subscribe to the fuel dispensing services provided by the division if:
18        (i) the county or municipal legislative body, the school district, or the special district board
19    recommends that the county, municipality, school district, or special district subscribe to the fuel
20    dispensing services of the division; and
21        (ii) the division approves participation in the program by that government unit.
22        Section 4. Section 63A-9-701 is amended to read:
23         63A-9-701. Subscription to motor pool by certain local government entities.
24        (1) The following local government entities may subscribe to the central motor pool
25    service provided by the division [if the director of the local government entity determines it will
26    result in substantial cost savings or increased efficiency to the local government entity] subject to
27    the conditions established in Subsection (2):
28        [(1)] (a) local health departments as defined in Title 26A, Chapter 1, Part 1, Local Health
29    Department Act;
30        [(2)] (b) local substance abuse authorities as defined in Section 17A-3-701;
31        [(3)] (c) local area agencies on aging, as authorized by Section 62A-3-104, or its

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1    subcontractors who are local governmental or public entities; and
2        [(4)] (d) local mental health authorities as defined in Section 17A-3-602.
3        (2) The local government entities outlined in Subsection (1) may subscribe to the central
4    motor pool service provided by the division only if:
5        (a) the director of the local government entity determines it will result in substantial cost
6    savings or increased efficiency to the local government entity; and
7        (b) the central motor pool has sufficient vehicles available.
8        Section 5. Financial transfer.
9        The Division of Finance shall transfer all of the assets, liabilities, and fund balances from
10    the Division of General Services' motor pool program and fuel dispensing program to the Division
11    of Fleet Operations.
12        Section 6. Effective date.
13        If approved by two-thirds of all the members elected to each house, this act takes effect
14    upon approval by the governor, or the day following the constitutional time limit of Utah
15    Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
16    date of veto override.




Legislative Review Note
    as of 1-28-97 1:03 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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