First Substitute S.B. 57

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STATE MOTOR VEHICLE FLEET
2 OPERATIONS AMENDMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 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-9-302, as enacted by Chapter 334, Laws of Utah 1996
19 63A-9-401, as enacted by Chapter 334, Laws of Utah 1996
20 63A-9-701, as enacted by Chapter 334, Laws of Utah 1996
21 This act enacts uncodified material.
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 63A-2-103 is amended to read:
24 63A-2-103. General services provided -- Subscription by state departments and
25 agencies and certain local governmental entities -- Fee schedule.
26 (1) (a) The director of the Division of General Services shall operate and maintain:
27 (i) a central mailing service;

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

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

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1 63A-3-106 and 63A-3-107.
2 (ii) Members may decline to receive per diem and expenses for their service.
3 (b) (i) State government members who do not receive salary, per diem, or expenses from
4 their agency for their service may receive per diem and expenses incurred in the performance of
5 their official duties from the committee at the rates established by the Division of Finance under
6 Sections 63A-3-106 and 63A-3-107.
7 (ii) State government members may decline to receive per diem and expenses for their
8 service.
9 (c) (i) Higher education members who do not receive salary, per diem, or expenses from
10 the entity that they represent for their service may receive per diem and expenses incurred in the
11 performance of their official duties from the committee at the rates established by the Division of
12 Finance under Sections 63A-3-106 and 63A-3-107.
13 (ii) Higher education members may decline to receive per diem and expenses for their
14 service.
15 (5) Five members of the committee are a quorum.
16 (6) The executive director of the Department of Administrative Services is chair of the
17 committee.
18 Section 3. Section 63A-9-302 is amended to read:
19 63A-9-302. Committee duties.
20 [(1) Before the initial appointment of a director, and whenever a vacancy occurs in the
21 position of director, the committee shall:]
22 [(a) interview candidates for the position; and]
23 [(b) recommend three candidates for the position of director of the division to the
24 executive director.]
25 [(2)] The committee shall:
26 [(a)] (1) advise the director about carrying out the director's responsibilities under this
27 chapter;
28 [(b)] (2) review each administrative rule proposed by the division and make
29 recommendations to the director about those rules;
30 [(c)] (3) review the process mapping report and make recommendations to the director and
31 legislature about how to implement its recommendations; and

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1 [(d)] (4) in conjunction with the director, make recommendations to the legislature about
2 any amendments to statute needed to allow the division to fulfill its responsibilities under this
3 chapter.
4 Section 4. Section 63A-9-401 is amended to read:
5 63A-9-401. Division -- Duties.
6 (1) The division shall:
7 [(1)] (a) coordinate all purchases of state vehicles;
8 [(2) establish procedures and time lines for the transfer of ownership of all state vehicles
9 to the division by July 1, 1997;]
10 [(3) establish procedures and time lines for the transfer of employees, office equipment,
11 and other administrative resources to the new division by April 1, 1997;]
12 [(4)] (b) establish one or more fleet automation and information systems for state vehicles;
13 [(5)] (c) make rules establishing requirements for:
14 [(a)] (i) maintenance operations for state vehicles;
15 [(b)] (ii) use requirements for state vehicles;
16 [(c)] (iii) fleet safety and loss prevention programs;
17 [(d)] (iv) preventative maintenance programs;
18 [(e)] (v) procurement of state vehicles, including authorization requirements for fleet
19 expansion and standards for vehicle sizing, alternative fuel vehicles, short-term lease programs,
20 and warranty recovery programs;
21 [(f)] (vi) fuel management programs;
22 [(g)] (vii) cost management programs;
23 [(h)] (viii) business and personal use practices, including commute standards;
24 [(i)] (ix) cost recovery and billing procedures;
25 [(j)] (x) disposal of state vehicles;
26 [(k)] (xi) reassignment of state vehicles and reallocation of vehicles to other fleets;
27 [(l)] (xii) standard use and rate structures for state vehicles; and
28 [(m)] (xiii) insurance and risk management requirements;
29 [(6)] (d) establish a parts inventory;
30 (e) create and administer a fuel dispensing services program that meets the requirements
31 of Subsection (2);

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1 [(7)] (f) emphasize customer service when dealing with agencies and agency employees;
2 and
3 [(8)] (g) conduct an annual audit of all state vehicles for compliance with division
4 requirements.
5 (2) (a) (i) Each state agency and each higher education institution shall subscribe to the
6 fuel dispensing services provided by the division.
7 (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
8 systems, or products other than those provided by the division.
9 (b) Counties, municipalities, school districts, special districts, and federal agencies may
10 subscribe to the fuel dispensing services provided by the division if:
11 (i) the county or municipal legislative body, the school district, or the special district board
12 recommends that the county, municipality, school district, or special district subscribe to the fuel
13 dispensing services of the division; and
14 (ii) the division approves participation in the program by that government unit.
15 Section 5. Section 63A-9-701 is amended to read:
16 63A-9-701. Subscription to motor pool by certain local government entities.
17 (1) The following local government entities may subscribe to the central motor pool
18 service provided by the division [if the director of the local government entity determines it will
19 result in substantial cost savings or increased efficiency to the local government entity] subject to
20 the conditions established in Subsection (2):
21 [(1)] (a) local health departments as defined in Title 26A, Chapter 1, Part 1, Local Health
22 Department Act;
23 [(2)] (b) local substance abuse authorities as defined in Section 17A-3-701;
24 [(3)] (c) local area agencies on aging, as authorized by Section 62A-3-104, or its
25 subcontractors who are local governmental or public entities; and
26 [(4)] (d) local mental health authorities as defined in Section 17A-3-602.
27 (2) The local government entities outlined in Subsection (1) may subscribe to the central
28 motor pool service provided by the division only if:
29 (a) the director of the local government entity determines it will result in substantial cost
30 savings or increased efficiency to the local government entity; and
31 (b) the central motor pool has sufficient vehicles available.

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1 Section 6. Financial transfer.
2 The Division of Finance shall transfer all of the assets, liabilities, and fund balances from
3 the Division of General Services' motor pool program and fuel dispensing program to the Division
4 of Fleet Operations.
5 Section 7. Effective date.
6 If approved by two-thirds of all the members elected to each house, this act takes effect
7 upon approval by the governor, or the day following the constitutional time limit of Utah
8 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
9 date of veto override.

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