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Introduced Version House Bill 4170 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Introduced

House Bill 4170

By Delegates Criss, Paynter, Martin, Graves, Jennings, Ward, Howell, Pyles, Sypolt, Hill and Diserio

[Introduced January 17, 2018; Referred
to the Committee on Government Organization then Finance.]

A BILL to repeal §5A-3-49 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-1-2 of said code; to amend and reenact §5A-3-52 of said code; to amend said code by adding thereto a new article, designated §5A-12-1, §5A-12-2, §5A-12-3, §5A-12-4, §5A-12-5, §5A-12-6, §5A-12-7, §5A-12-8, §5A-12-9, §5A-12-10, §5A-12-11, and §5A-12-12; to amend said code by adding thereto a new section, designated §12-6D-7; to amend and reenact §17A-3-23 of said code; to amend said code by adding thereto three new sections, designated §17A-3-25, §17A-3-26, and §17A-3-27; and to amend and reenact §29B-1-4 of said code, all relating to the management and continuous inventory of vehicles owned, leased, operated, or acquired by the state and its agencies; repealing provisions relating to the central motor pool; continuing management of state owned or leased aircraft through an aviation division; continuing the Fleet Management Office; providing powers and duties of the Director of the Fleet Management Office; continuing special fund; requiring reporting of state vehicles to Fleet Management Office; requiring reporting to and inventory of vehicles by State Agency for Surplus Property; requiring reporting to and inventory of vehicles by Enterprise Resource Planning Board; authorizing a rental pool; requiring legislative compliance audit; requiring new title, registration, and license plates for state vehicles; allowing the Commissioner of the Division of Motor Vehicles to issue special plates to organizations and entities; requiring agencies to apply for a new uniform vehicle title and registration plate; exempting confidential information relating to certain vehicles from public disclosure under the Freedom of Information Act; authorizing rule-making; and requiring annual reports to Legislature and Governor.

Be it enacted by the Legislature of West Virginia:


CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.


ARTICLE 1. DEPARTMENT OF ADMINISTRATION.


§5A-1-2. Department of Administration and Office of Secretary; secretary; divisions; directors.

(a) The Department of Administration and the Office of Secretary of Administration are continued in the executive branch of state government. The secretary is the Chief Executive Officer of the department and shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term not exceeding the term of the Governor.

(b) The Department of Administration may receive federal funds.

(c) The secretary serves at the will and pleasure of the Governor. The annual compensation of the secretary shall be as specified in §6-7-2a of this code.

(d) There shall be in the Department of Administration a Finance Division, a Fleet Management Office, a General Services Division, an Information Services and Communications Division, Division of Personnel, and a Purchasing Division. Each division shall be headed by a director who may also head any and all sections within that division and who shall be appointed by the secretary.

(e) There shall also be in the Department of Administration those agencies, boards, commissions, and councils specified in §5F-2-1 of this code.

(f) The secretary may establish a Fleet Management Office an aviation division within the Department of Administration to:

(1) Manage all motor vehicles and aircraft owned or possessed by the State of West Virginia or any of its departments, divisions, agencies, bureaus, boards, commissions, offices or authorities: Provided, That, such vehicles and aircraft shall not be used for personal purposes; other than for de minimis personal use

(2) Administer the rules, including emergency rules, promulgated under the provisions of §5A-3-48 and §5A-3-49 of this code; and

(3) Perform any duties relating to motor vehicles and aircraft owned or possessed by the State of West Virginia assigned by the secretary, which duties may include those set out in §5A-3-50 through §5A-3-53 of this code


ARTICLE 3. PURCHASING DIVISION.


§5A-3-49. Special funds for travel management created Aviation Fund.

[Repealed.].


§5A-3-52. Special funds for travel management created.

(a) The travel management special fund is terminated. All deposits currently in this special fund from aviation fees shall be transferred into the Aviation Fund created in subsection c of this section. All funds in this special fund from the monthly fee for vehicles shall be transferred into the Fleet Management Office Fund created in subsection (b) of this section.

(b) There is created in the State Treasury a special revenue account, to be known as the Fleet Management Office Fund. Expenditures are authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code. Any balance remaining in the special revenue account at the end of any state fiscal year does not revert to the General Revenue Fund but remains in the special revenue account and shall be used solely in a manner consistent with this article. All costs and expenses incurred pursuant to this section, including administrative, shall be paid from those funds. Charges for operating, repairing and servicing motor vehicles made against any institution, agency or department shall be paid into the Fleet Management Office Fund by that institution, department or agency.

(c) There is created in the State Treasury a The special revenue account, to be known as the Aviation Fund, is hereby continued and shall be administered by the secretary. Expenditures from this fund are authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon fulfillment of the provisions of §11B-2-1 et seq. of this code. Any balance remaining in the special revenue account at the end of any state fiscal year does not revert to the General Revenue Fund but remains in the special revenue account and shall be used solely in a manner consistent with this article. All costs and expenses incurred pursuant to this section, including administrative, shall be paid from those funds. Charges for operating, repairing and servicing aircraft made against any institution, agency or department shall be paid into the Aviation Fund by that institution, department or agency.


ARTICLE 12. FLEET MANAGEMENT OFFICE.

§5A-12-1. Fleet Management Office created; purpose; Fleet Management Office Fund.


(a) Beginning July 1, 2018, the Fleet Management Office, as previously authorized by §5A-1-2 of this code, is hereby created in the Department of Administration for the purpose of maintaining a state vehicle fleet.

(b) The Fleet Management Office shall, in cooperation with the Travel Management Office within the Department of Administration, develop and maintain state policies for the utilization of state vehicles including establishing best practices for state vehicle use.

(c) The Fleet Management Office may provide assistance to any spending unit related to financing, purchasing, leasing, operating, maintaining, transferring, and decommissioning state vehicles.

(d) The special revenue account, known as the Fleet Management Office Fund, previously created by §5A-3-52 of this code, is hereby continued and shall be administered by the secretary. Expenditures are authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with §12-3-1 et seq. of this code and upon fulfillment of §11B-2-1 et seq. of this code. Any balance remaining in the special revenue account at the end of any state fiscal year does not revert to the General Revenue Fund but remains in the special revenue account and may be used solely in a manner consistent with this article. All costs and expenses incurred pursuant to §5A-12-1 et seq. of this code, including administrative, shall be paid from those funds.

§5A-12-2. Scope of article; and required annual reports.


(a) This article applies to all spending units of state government relating to the purchase, lease or use of any state vehicle with the expenditure of public funds, except as otherwise provided by this code. Each spending unit of the state that owns, leases, purchases or uses state vehicles for any purpose, shall comply with the reporting provisions of this article.

(b) Every spending unit shall maintain such records of state vehicle use, and report annually to the Fleet Management Office, as required by this article, the records, information, and data to facilitate the development of an accurate and updated inventory of the state vehicle fleet.

(c) Every spending unit shall report state vehicles as fixed assets in the states centralized accounting system as maintained by the Enterprise Resource Planning Board in the manner prescribed pursuant to this article and §12-6D-1 et seq. of this code. 

(d) Every spending unit shall annually report to the State Agency for Surplus Property, on or before July 15, a report describing all state vehicles that are state, or agency owned, leased, operated, or acquired, regardless of the intended use, including vehicles with a vehicle rating of more than one ton, vehicles requiring a commercial driver’s license to operate, trailers or any other vehicles so owned, leased, operated or acquired. Every spending unit shall affirm that the report of state vehicle assets is verified to be accurate and that such information is accurately reflected in the states centralized accounting system as maintained by the West Virginia Enterprise Resource Planning Board pursuant to §12-6D-1 et seq. of this code: Provided, That notwithstanding any other provision of this code to the contrary spending units exempt under the provisions of §5A-3-1 et seq. shall file with the State Agency for Surplus Property, on or before July 15 of each year, a report describing the state vehicles as required pursuant to §5A-12-2(d) of this code: Provided, however, That the spending unit may submit to the State Agency for Surplus Property a copy of the annual report as submitted to the State Board of Risk and Insurance Management pursuant to §29-12-6 of this code: Provided further, That a spending unit that submits to the State Agency for Surplus Property a copy of the annual report as submitted to the State Board of Risk and Insurance Management shall be considered to have satisfied the requirements of §5A-12-2(d) of this code.


§5A-12-3. Definitions.


As used in this article,

“Central motor pool” means, under the direction and control of the Secretary of Administration, the group of state vehicles to be shared among spending units; 

“Centralized accounting system” means the system of record for the maintenance of an accurate inventory of state vehicle fixed assets as maintained by the Enterprise Resource Planning Board pursuant to §12-6D-1 et seq. of this code; 

“Director” means the Director of the Fleet Management Office;

“Fleet Coordinator” means the head of a spending unit, the head of a department and the head of a state institution, or his or her designee, who is responsible for the duties of fleet coordinator as required by this article.  Department and institution fleet coordinators shall be responsible for coordinating the subordinate spending unit agency, division, office, board, authority, or commission fleet coordinator vehicle use data, in order to efficiently collect and manage documentation of state vehicles necessary to identify utilization, expenses and costs associated with the operation and maintenance of a state vehicle fleet;

“Indirect costs” means the expenses of operating state vehicles that may or may not be attributable to a specific vehicle, including miscellaneous expenses for cleaning supplies, shop supplies, small parts, office and administrative expenses attributable to fleet coordinator activity, training costs for fleet coordinators and state vehicle driver training, facilities costs, administrative office overhead, parking costs, and shop equipment costs where applicable;

“Office” means the Fleet Management Office, under the Department of Administration, as established pursuant to this article; 

“Secretary” means the Secretary of the Department of Administration;

“State vehicle” means a vehicle with a rating of one ton or less that is owned, purchased, or leased by any state spending unit, on which a state vehicle license plate is required, where the use of such vehicle is paid for with public funds regardless of the source of such funding, but does not include all-terrain vehicles (ATVs) or vehicles requiring a commercial driver’s license to operate;

“State vehicle fleet” means all state vehicles;

“State vehicle license plate” means a license plate authorized to be issued by the Division of Motor Vehicles pursuant to §17A-3-23 and §17A-3-25 of this code, which identifies the vehicle as owned or leased by the state or a spending unit;

“State Vehicle Title, Registration and Relicensing Project of 2018” means the requirement for all spending units owning or leasing state vehicles, to report to the Division of Motor Vehicles and obtain new titles, new registration cards, and new state vehicle license plates by December 31, 2018, pursuant to §17A-3-23 and §17A-3-25 of this code, to standardize the naming conventions on titles and registration cards of state vehicles in order to facilitate the creation and maintenance of a centralized state vehicle inventory system;

“Vehicle log” means the record of state vehicle use, to be updated by the vehicle operator and maintained by the fleet coordinators, used to track the type of travel, time of travel, starting and ending destinations, mileage, and other information as required to be compiled and maintained pursuant to this article.


§5A-12-4. Director; office; powers, duties and responsibilities.


(a) The secretary shall appoint a director of the office who has the following powers:

(1) Employ such staff as needed, with the approval of the secretary, to operate and maintain a state vehicle fleet;

(2) Maintain adequate office space, with the approval of the secretary, for staff and equipment as needed to effectuate the provisions of this article; 

(3) Under the direction of the secretary, establish a central motor pool, which shall be maintained and administered by the Department of Administration, subject to such rules as the secretary may promulgate: Provided, That the Department of Administration is responsible for the storage, maintenance, and repairs of all vehicles assigned to the central motor pool;

(b) The office has the following duties and responsibilities:

(1) Provide management services, including fueling and vehicle maintenance, and any other services necessary to properly manage the operation and use of state vehicles;

(2) Preapprove and assist with purchase of new or replacement vehicles for agencies, in cooperation with the Purchasing Division, including facilitating financing arrangements;

(3) Maintain a state vehicle fleet for all state vehicles owned, leased, or used by the State of West Virginia or any of its spending units;

(4) Provide or contract for management, maintenance, and fuel services for state vehicles;

(5) Charge a fee for office services by spending units utilizing state vehicles; 

(6) Provide training and notice to fleet coordinators and spending units, which shall include for the purpose of education fleet coordinators as to amendments to the West Virginia Code and corresponding Legislative Rules related to state vehicle use, the requirement to keep accurate and current records of state vehicles use, and responsibilities for compliance with other state and federal regulations, including the Internal Revenue Service policies on fringe benefit accounting.

(7) Develop safe operation and other policies governing state vehicle use;

(8) Recommend legislative rules to the secretary; and

(9) Report annually to the Governor and to the Joint Committee on Government and Finance, regarding the operations of the state fleet and the utilization of state vehicles.  

§5A-12-5. Rule-making authority; emergency rules.


(a) The director shall recommend legislative rules to the secretary, and the secretary shall propose legislative rules as may be necessary to implement this article, in accordance with §29A-3-1 et seq. of this code: Provided, That the director shall consult with the Travel Management Office within the Department of Administration to ensure uniformity among the travel and vehicle use regulations in this state: Provided, however, That the secretary shall resolve all disputes between the director and the Travel Management Office.

(b) On or before June 15, 2018, the director shall propose emergency legislative rules which may amend or modify existing legislative rules governing the use of state vehicles pursuant to §5A-12-1 et seq. of this code. Emergency and future legislative rules shall include:

(1) The minimum requirements governing the use of state vehicles;

(2) The reporting requirements and responsibilities for fleet coordinators, regarding state vehicle use, to track and maintain records regarding the direct and indirect costs of state vehicle use and maintenance, leasing and decommissioning costs, and activities;

(3) The minimum requirements and responsibilities for each driver or operator of a state vehicle, including when a vehicle is refueled, it shall be filled to capacity;

(4) The minimum criteria to be collected and maintained on state vehicle log sheets, including what information is to be recorded by the vehicle operator. Vehicle log information shall contain at a minimum:

(A) Starting and ending mileage for each trip;

(B) Starting and ending destinations for each trip;

(C) A statement of the purpose of each trip;

(D) The driver’s name and title;

(E) The mileage at the point of refueling, the amount of fuel purchased in gallons, the cost of the fuel, and a brief statement of circumstances if the vehicle is not refueled to capacity; and

(F) Any other information the director, spending unit, department, or institution may require;

(5) The vehicle log information to be maintained by each fleet coordinator, and the vehicle log information to be reported to the department or institution fleet coordinator by the spending unit, and the frequency thereof;

(6) The form for each spending unit to report to the office, including justification for purchasing or leasing a state vehicle, and a cost benefit analysis of the benefits of purchasing or leasing compared to renting or contracting with the central motor pool, and a description of the frequency of anticipated vehicle use, the type of vehicle needed, the purpose for vehicle use, and other contributing factors deemed necessary by the director;

(7) The information that each spending unit fleet coordinator shall collect and maintain regarding state vehicle use by the spending unit, which shall include, but not be limited to, the following:

(A) The title to own or lease each state vehicle;

(B) The vehicle identification number of each state vehicle owned or leased by the spending unit;

(C) The frequency of use of each state vehicle and purpose for which the vehicle is used;

(D) The name of the vendor, dealership, manufacturer, or lessor from which the vehicle was obtained;  

(E) The class of vehicle or vehicle type;

(F) The manufacturer, make, model, and year;

(G) The license plate number of each vehicle as issued by the Division of Motor Vehicles;

(H) The license plate renewal date;

(I) The date of acquisition;

(J) The cost of and the funding source for the purchase or lease of each state vehicle;

(K) The assigned user or users of the vehicle;

(L) Vehicle log sheets and periodic odometer readings;

(M) Fuel use and fuel expenditure records for each vehicle;

(N) The maintenance and service event costs for each state vehicle;

(O) State vehicle inspection data and inspection event details, including the date of the inspection, the vendor who performed the state inspection, and notation for all required repairs;

(P) The location of where each state vehicle is housed, including any monthly parking or storage costs as applicable;

(Q) The costs associated with vehicle rental expenses;

(R) Annual reimbursement totals for personal vehicle use, which shall include at a minimum, the total miles of personal vehicle used by the spending unit, and the reimbursement rate;

(S) Mechanical event logs; and

(T) Accident event logs.

(7) The criteria for justifying state vehicle ownership, leasing, renting, or reimbursing for personal vehicle use, including an analysis of the information collected by the fleet coordinators. The analysis of spending unit vehicle utilization information shall include a comparison of the cost of owning, leasing, or renting vehicles, a report on expenditure trends, proposals for increasing efficiencies, and a summary of how vehicle utilization data has been useful as indicators of maintenance or mechanical issues, and opportunities for reducing operating costs.

(8) Requirements for spending unit, department, and institution fleet coordinators to annually report to the office regarding state vehicle use, including:

(A) The total number of vehicles owned and leased per fiscal year;

(B) The total amount of fuel purchased per fiscal year, and the total cost of fuel expenditures;

(C) The total miles driven per fiscal year;

(D) The total number of vehicle miles for rented vehicles, including total rental and fuel costs for rental vehicles per fiscal year;

(E) The total amount of miles driven and the total amount reimbursed for personal vehicle use per fiscal year; and

(F) The manner of calculating and reporting direct and indirect costs associated with state vehicle use, and any other information deemed necessary by the director.

(9) Requirements and policy governing commuting in and taking home state vehicles; and

(10) Requirements and policy governing volunteer and nonpublic employee drivers.

§5A-12-6. Record keeping; state vehicle fleet annual report to the Governor and the Joint Committee on Government and Finance; and electronic reporting.


(a) The Fleet Management Office shall maintain sufficient records and fleet coordinator reports to produce a State Vehicle Fleet Annual Report, regarding the maintenance and operation of the state vehicle fleet.

(b) On or before December 31, 2018, the office shall report to the Governor, and to the Joint Committee on Government and Finance, describing, at a minimum:

(1) The total aggregate number of state vehicles,

(2) A list of each department, institution or spending unit titled to own or lease state vehicles, and the aggregate total number of vehicles operated by each;

(3) The total number of state vehicle miles driven, shown by department, institution or spending unit;

(4) The total amount of fuel purchased in gallons, and the expenditure for annual maintenance, repair, fuel expenditures, shown by department, institution or spending unit;

(5) The total number of miles reimbursed for personal vehicle use and the amount reimbursed annually, by department, institution or spending unit;

(6) The total number of vehicles owned and operated by the office, including the annual maintenance, repair, fuel amount and fuel expenditures, and total miles driven;

(7) The total annual indirect costs of operating the state vehicle fleet, by department, institution or spending unit;

(8) A summary of complaints received concerning state vehicle usage;

(9) A summary of the State Auditor’s Spot Compliance Audit Report authorized pursuant to §5A-12-7(f) of this code, and a summary of any recommended statutory or policy changes to address material weaknesses in the policies and procedure of the office as may be necessary to maintain the state vehicle fleet pursuant to the provision of this article;

(10) The operating revenue and expenses of the office including:

(A) The fee source for each category of office revenue;

(B) An annual expense report that includes rent, utilities, vehicle maintenance costs, contract service expenses, personnel services; and

(C) Any other financial information the director deems appropriate; and

(11) Any policy or statutory changes the director recommends as may be necessary to maintain accurate records of the state vehicle fleet regarding utilization of state vehicles and the expenses necessary to maintain such vehicle fleet.

(c) On or before December 31, 2019, and each December 31 thereafter, the office shall report to the Governor, and to the Joint Committee on Government and Finance, describing the information required pursuant to §5A-12-6(b) of this code, and shall include a brief description of any changes regarding the reported information from the previous year.

(d) An annual report produced in an electronic format complies with the reporting requirements of this article, and shall be made available on the office website.

§5A-12-7. Spending unit, department and institution fleet coordinator duties; annual reports; and compliance auditing.


(a) Each spending unit, department, and institution, shall designate a fleet coordinator, who shall be responsible for the management and maintenance of state vehicle information, and for reporting state vehicle utilization reports to the office as required pursuant to this article. Each fleet coordinator is required to attend the fleet coordinator training provided by the Fleet Management Office, and is responsible for providing adequate training to each operator of a state vehicle.

(b) Fleet coordinators are responsible for reporting annually to the department or institution, or to the Fleet Management Office, as applicable, all state vehicle utilization data as required pursuant to this article. Each department and institution fleet coordinator shall be responsible for maintaining and managing the spending unit fleet coordinator reports for each spending unit under their jurisdiction.

(c) The head of each spending unit is responsible for affirming the accuracy of all reports submitted to the department, institution, or office, including such reports submitted by the fleet coordinator.

(d) Each spending unit that uses a state vehicle, rents vehicles for a state purpose, or reimburses for personal vehicle use, shall annually report to the appropriate department, or institution fleet coordinator, or to the Fleet Management Office, beginning on or before October 31, 2018, and on or before October 31 each year thereafter, in the manner required by this article.

(e) Each spending unit that owns or leases a state vehicle, or rents or reimburses an employee for personal vehicle use, shall periodically compile and maintain the individual specific vehicle records of each state vehicle, and all records of vehicle rental and private vehicle use expenditures, for not less than three years, or as may be required by the State Auditor pursuant to §5A-12-7(f) of this code.

(f) Beginning July 1, 2019, the State Auditor shall conduct spot compliance audits to monitor spending unit, department, and institution fleet coordinator report accuracy and compliance with the record keeping provisions of this article.  The State Auditor shall conduct a  spot compliance audit of not less than five percent of the total state vehicle fleet: Provided, That the spot compliance auditing authorized pursuant to §5A-12-7(f) of this code shall be rotated among the department, institution, and spending unit fleet coordinators so that no fleet coordinator  may be audited less than every 3 years: Provided, however, That a spending unit found to be noncompliant with the record keeping provisions of this article shall be subject to further compliance monitoring as the State Auditor deems necessary. The State Auditor shall report to the Fleet Management Office the findings of each annual spot compliance audit. Spot compliance audits shall list the fleet coordinators and spending units audited, and verify:

(1) That state vehicle drivers of the spending unit have been trained in state vehicle policy and are keeping complete and accurate vehicle logs;

(2) That spending unit fleet coordinators have attended training, and are compiling and maintaining the vehicle records as required pursuant to the provisions of this article; and

(3) To verify the accuracy of fleet coordinator reporting in the manner consistent with the provisions of this article. 

§5A-12-8. Utilization of Vehicle Management Vehicle Services.


(a) Each spending unit which owns, uses, or maintains a state vehicle shall utilize the vehicle management services provided by the Fleet Management Office for all state vehicles.

(b) Spending units may request an exemption from part or all of the services provided by the Fleet Management Office.  The office shall review and may approve each request.  The office shall submit a legislative rule for each spending unit for which it approves an exemption.  The rules should state the nature of the proposed exemption, which services will be used, provide for the manner in which the spending unit will comply with all other requirements of this article, and any other information which the office may require.

§5A-12-9. Vehicle operator regulations; training.


(a) Each operator of a state vehicle, or a personal vehicle for which reimbursement is sought, shall maintain the vehicle logs to the level of detail described in this article, as required by the office through legislative rules, and as may be required by the spending unit.

(b) Each operator of a state vehicle shall comply with the laws, rules, and policies governing state vehicle use, including spending unit rules and policies.

(c) Each time a state vehicle is refueled, it shall be refilled as full as practical and shall be recorded on the vehicle log, including the fuel amount and a description of the circumstances where the state vehicle is not fully refueled.

(d) In order to operate a state vehicle, the operator shall be required to take such training courses as may be required by the Board of Risk and Insurance Management, the Travel Management Office, the Fleet Management Office, and the spending unit.

§5A-12-10. Enforcement of regulations; establishing a complaint process.


(a) If any public employee or public official fails to comply with any rule or regulation for state vehicle use, the spending unit may require that the individual attend training, be restricted from using state vehicles, or prohibited from using state vehicles: Provided, That nothing in this section authorizes the office to restrict the use of state vehicles except for employees under its control.

(b) The director shall provide a complaint process for use by the general public to report to the office issues relevant to the operation and maintenance of a state vehicle fleet. Complaints may be received by the office in writing, by telephone, or electronically: Provided, That the office shall review all complaints weekly, and report to the appropriate spending unit the information regarding the state vehicle in use by the spending unit, and shall describe the nature of the complaint including, but not limited to, mechanical problems, equipment failures, misuse, or illegal operation of a state vehicle.

(c) Each spending unit shall investigate each complaint it receives and provide an update to the office on a regular basis and at the conclusion of the investigation.

§5A-12-11. Notice to spending units.


The director, in coordination with the Commissioner of the Division of Motor Vehicles, shall provide notice to each fleet coordinator, and advertise as deemed appropriate, to inform the fleet coordinators that green and white state vehicle license plates expire December 31, 2018, and the procedure for issuing new titles, registration, and license plates pursuant to §17A-3-23 and §17A-3-25 of this code. The head of each spending unit with state vehicles shall cooperate and comply with the requirements of the State Vehicle Title, Registration, and Relicensing Project of 2018 and the centralized state vehicle inventory system.

§5A-12-12. Compliance audit.


(a) On or before December 31, 2020, the Legislative Auditor, in accordance with §4-10-1 et seq. of this code, shall audit the office for state spending unit, department, and institution fleet coordinator  compliance with the reporting requirements and applicable provisions of this article, including evaluating the data collected by the office to determine if the data being provided to the office in the spending unit annual reports is sufficient to evaluate the state costs of owning, maintaining, and leasing state vehicles, and for evaluating vehicle use and expenditure trends among the spending units.

(b) The Legislative Auditor may make recommendations for future compliance monitoring of any spending unit found not in compliance with the reporting requirements of this article, may recommend adding reporting criteria to improve efficiencies as may be needed to evaluate utilization reports to facilitate realizing the benefits of economies of scale, may recommend reducing the reporting requirements if deemed redundant, overly burdensome, or irrelevant, and may make recommendations for administrative penalties for noncompliance with this article.

CHAPTER 12. PUBLIC MONEYS AND SECURITIES.


ARTICLE 6D. WEST VIRGINIA ENTERPRISE RESOURCE PLANNING BOARD.

§12-6D-7. Establishing state vehicle fixed assets record keeping.

The West Virginia Enterprise Resource Planning Board shall consult with the Fleet Management Office, established pursuant to §5A-12-1 et seq. of this code, and the Division of Motor Vehicles, pursuant to the authority in §17A-3-25 of this code, to develop standard naming conventions for the title, registration, and other fixed asset information to be used in the identification of state vehicles in the system of record for fixed assets, and shall designate the information to be entered by spending units into the centralized accounting system maintained by the West Virginia Enterprise Resource Planning Board, for the development and maintenance of an accurate and updated state vehicle inventory.

CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.


ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.


§17A-3-23. Registration plates to state, county, municipal and other governmental vehicles; use for undercover activities.

(a) Any motor vehicle designed to carry passengers, owned or leased by the state of West Virginia, or any of its departments, bureaus, commissions, or institutions, except vehicles used by the Governor, Treasurer, three vehicles per elected office of the Board of Public Works, vehicles operated by the State Police, not to exceed five vehicles operated by the Office of the Secretary of Military Affairs and Public Safety, not to exceed five vehicles operated by the Division of Homeland Security and Emergency Management, vehicles operated by natural resources police officers of the Division of Natural Resources, not to exceed ten vehicles operated by the arson investigators of the Office of State Fire Marshal, not to exceed two vehicles operated by the Division of Protective Services, not to exceed sixteen vehicles operated by inspectors of the Office of the Alcohol Beverage Control Commissioner, vehicles operated by the West Virginia Wing of the Civil Air Patrol, and vehicles operated by probation officers employed under the Supreme Court of Appeals may not be operated or driven by any person unless it has displayed and attached to the front thereof, in the same manner as regular motor vehicle registration plates are attached, a plate of the same size as the regular registration plate, with white lettering on a green background bearing the words "West Virginia" in one line and the words "State Car" in another line and the lettering for the words "State Car" shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight unless and until such license plates are replaced: Provided, That no later than January 1, 2019, no state vehicles may be operated or driven by any person unless it has displayed and attached to the front thereof, in the same manner as regular motor vehicle registration plates are attached, a plate of the same size as the regular registration plate, with blue lettering on a gold background bearing the words "West Virginia" in one line and the words "State Car" in another line and the lettering for the words "State Car" shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight.

The vehicle shall also have attached to the rear a plate bearing a number and any other words and figures as the Commissioner of Motor Vehicles shall prescribe. The rear plate shall also be green with the number in white unless and until such license plates are replaced: Provided, That state vehicles shall also have attached to the rear a plate bearing a number and any other words and figures as the Commissioner of Motor Vehicles shall prescribe. The rear plate shall be gold with the number in blue. The commissioner may also designate additional insignia or stencils to be displayed on the front and rear plates for the purpose of identifying motor vehicles within the higher education system, public service districts, or designated nongovernmental organizations: Provided, That where the institutions of higher education opt to have their logo displayed on the state license plate, such institution shall bear any additional costs of those added features: Provided, however, That public service districts, or designated nongovernmental organizations shall be issued a colored license plate as the commissioner shall designate for each and may not be issued a license plate designated for vehicles owned or leased by the state of West Virginia, or any of its departments, bureaus, commissions, or institutions.

(b) Registration plates issued to vehicles owned by counties shall be white on red with the word "County" on top of the plate and the words "West Virginia" on the bottom.

(c) Registration plates issued to a city or municipality shall be white on blue with the word "City" on top and the words "West Virginia" on the bottom.

(d) Registration plates issued to a city or municipality law-enforcement department shall include blue lettering on a white background with the words "West Virginia" on top of the plate and shall be further designed by the commissioner to include a law-enforcement shield together with other insignia or lettering sufficient to identify the motor vehicle as a municipal law-enforcement department motor vehicle. The colors may not be reversed and shall be of reflectorized material. The registration plates issued to counties, municipalities, and other governmental agencies authorized to receive colored plates hereunder shall be affixed to both the front and rear of the vehicles.

(e) (1) Registration plates issued to vehicles operated by county sheriffs shall be designed by the commissioner in cooperation with the sheriffs' association with the word "Sheriff" on top of the plate and the words "West Virginia" on the bottom. The plate shall contain a gold shield representing the sheriff's star and a number assigned to that plate by the commissioner. Every county sheriff shall provide the commissioner with a list of vehicles operated by the sheriff, unless otherwise provided in this section, and a fee of $10 for each vehicle submitted by July 1, 2002.

(2) Registration plates issued to vehicles operated by the West Virginia Wing of the Civil Air Patrol shall be designed by the commissioner in cooperation with the Civil Air Patrol and include the words "Civil Air Patrol" on the plate. The Civil Air Patrol shall provide the commissioner with a list of vehicles operated by the Civil Air Patrol, unless otherwise provided in this section, and a fee of $10 for each new vehicle for which a Civil Air Patrol license plate is requested.

(f) The commissioner is authorized to designate the colors and design of any other registration plates that are issued without charge to any other agency in accordance with the motor vehicle laws.

(g) Upon application, the commissioner is authorized to issue a maximum of five Class A license plates per applicant to be used by county sheriffs and municipalities on law-enforcement vehicles while engaged in undercover investigations.

(h) The commissioner is authorized to issue a maximum of five Class A license plates to be used on vehicles assigned to the Division of Motor Vehicles investigators for commercial driver examination fraud investigation and driver's license issuance fraud detection and fraud prevention.

(i) The commissioner is authorized to issue an unlimited number of license plates per applicant to authorized drug and violent crime task forces in the State of West Virginia when the chairperson of the control group of a drug and violent crime task force signs a written affidavit stating that the vehicle or vehicles for which the plates are being requested will be used only for official undercover work conducted by a drug and violent crime task force.

(j) The commissioner is authorized to issue twenty Class A license plates to the Criminal Investigation Division of the Department of Revenue for use by its investigators.

(k) The commissioner may issue a maximum of ten Class A license plates to the Division of Natural Resources for use by natural resources police officers. The commissioner shall designate the color and design of the registration plates to be displayed on the front and the rear of all other state-owned vehicles owned by the Division of Natural Resources and operated by natural resources police officers.

(l) The commissioner is authorized to issue an unlimited number of Class A license plates to the Commission on Special Investigations for state-owned vehicles used for official undercover work conducted by the Commission on Special Investigations.

(m) The commissioner is authorized to issue a maximum of two Class A plates to the Division of Protective Services for state-owned vehicles used by the Division of Protective Services in fulfilling its mission.

(n) The commissioner is authorized to issue Class A registration plates for vehicles used by the Medicaid Fraud Control Unit created by §9-7-7 of this code.

(o) The commissioner is authorized to issue Class A registration plates for vehicles used by the West Virginia Insurance Fraud Unit created by §33-41-8 of this code.

(p) No other registration plate may be issued for, or attached to, any state-owned vehicle.

(q) The Commissioner of Motor Vehicles shall have a sufficient number of both front and rear plates produced to attach to all state-owned cars. The numbered registration plates for the vehicles shall start with the number five hundred and the commissioner shall issue consecutive numbers for all state-owned cars or leased vehicles. The commissioner shall consult with the Fleet Management Office, established pursuant to §5A-12-1 et seq. of this code, and the Enterprise Resource Planning Board, established pursuant to §12-6D-1 et seq. of this code, to develop a standardized naming convention for the title, registration, and licensing of state vehicles, pursuant to §17A-3-23 and §7A-3-25 of this code, and consistent with the capabilities of the centralized accounting system as maintained by the Enterprise Resource Planning Board, for the purpose of creating and maintaining an accurate and up-to-date inventory of the state vehicle fleet.

(r) It is the duty of each office, department, bureau, commission, or institution furnished any vehicle to have plates as described herein affixed thereto prior to the operation of the vehicle by any official or employee.

(s) The commissioner may issue special registration plates for motor vehicles titled in the name of the Division of Public Transit or in the name of a public transit authority as defined in this subsection and operated by a public transit authority or a public transit provider to transport persons in the public interest. For purposes of this subsection, "public transit authority" means an urban mass transportation authority created pursuant to the provisions of §8-27-1 et seq. of this code or a nonprofit entity exempt from federal and state income taxes under the Internal Revenue Code and whose purpose is to provide mass transportation to the public at large. The special registration plate shall be designed by the commissioner and shall display the words "public transit" or words or letters of similar effect to indicate the public purpose of the use of the vehicle. The special registration plate shall be issued without charge.

(t) Each green registration plate with white letters affixed to a state vehicle, and each corresponding title and registration certificate for all state vehicles, other than those vehicles with Class A registration plates as provided in this section, terminates at midnight on December 31, 2018, pursuant to §17A-3-25 of this code. The owner or lessee of every state vehicle that is required to display a state vehicle license plate and registration shall obtain a new title, a new registration card, and a new state vehicle license plate prior to the termination dates specified in this article. When new registrations are issued pursuant to this article and for subsequent, non-Class A registrations of state owned or leased vehicles, the state vehicle registration plate and certificate shall be valid for a period of not more than twenty-four months and shall be renewed every two years.

(u) The commissioner is authorized to prepare and promulgate emergency rules, pursuant to §29A-3-1 et seq. of this code in order to implement amendments to this section.

(t) (v) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100. Magistrates have concurrent jurisdiction with circuit courts for the enforcement of this section.


§17A-3-25. State vehicle title, registration and relicensing project of 2018; emergency and legislative rules.


(a) Beginning on or before July 1, 2018, the commissioner shall coordinate with the Fleet Management Office, established pursuant to §5A-12-1 et seq. of this code, and the Enterprise Resource Planning Board, established pursuant to §12-6D-1 et seq. of this code, and other applicable agencies, to develop a standardized titling and registration system for state vehicles. To the extent practical, the standardization of vehicle title, registration, and state vehicle license plates shall conform to the state’s central financial system maintained by the Enterprise Resource Planning Board. The standardization of state vehicle titles, registrations, and license plates, as described in this section, shall be known as the “State Vehicle Title, Registration, and Relicensing Project of 2018.” Every spending unit shall comply with the provisions of this section, and §17A-3-23 of this code. Upon receipt of the new title, registration, and license plates, the spending unit shall enter the appropriate information into the state’s central financial system maintained by the Enterprise Resource Planning Board, in such detail and specificity as required by the board, the Fleet Management Office established pursuant to §5A-12-1 et seq. of this code. 

(b) The commissioner shall propose legislative and emergency rules, pursuant to §29A-3-1 et seq. of this code, establishing the standard naming conventions for the registration, titling, and licensing of every state vehicle, and assign by rule, a list of the standardized naming conventions for each spending unit for the purpose of issuing new title, registration, and license plates to each state vehicle by December 31, 2018. The commissioner, in coordination with the Fleet Management Office, shall develop a standard system for identifying and recording the names of agencies, offices, or spending units to which each state vehicle is assigned, or registered, and such standard naming conventions shall be developed to align with the state’s central financial system and the centralized state vehicle inventory system.

(c) As soon as the commissioner has promulgated legislative and emergency rules as authorized pursuant to this section, and not later than September 1, 2018, the division shall begin to issue the standardized title, registration, and state vehicle license plates for all state vehicles.

(d) The commissioner is authorized, by legislative and emergency rule, to establish a procedure whereby the commissioner shall reject the application for a state vehicle title, registration, and state vehicle license plate that does not conform to the standard naming convention requirements. The commissioner shall provide by rule for the reasonable remedy, correcting of errors, or to compel compliance with the standard naming conventions.

(e) At midnight on December 31, 2018, all green state vehicle license plates with white lettering affixed to vehicles with a rating of one ton and under shall expire. The commissioner, in coordination with the Fleet Management Office, shall provide notice to each spending unit, and advertise as deemed appropriate, to inform the fleet coordinators, as defined in §5A-12-3 of this code, that such license plates expire and the procedure for being issued new titles, registrations, and license plates pursuant to this article. The head of each spending unit with state vehicles shall cooperate and comply with the requirements of the State Vehicle Title, Registration, and Relicensing Project of 2018 and the centralized state vehicle inventory system.

(f) Upon receipt of the title, state license plate, and registration, issued pursuant to the provisions of this section, the fleet coordinator of each spending unit shall report, or verify, the vehicle asset information of every vehicle owned or leased by the spending unit, in the state’s central financial system. Each spending unit shall annually verify, or update in the state’s central financial system, the vehicle asset information of every vehicle owned or leased by the spending unit,


§17A-3-26. Enforcement; report.


(a) Beginning January 1, 2019, any state vehicle in this state with an expired green state license plate with white lettering is in violation of this article. After January 1, 2019, any law-enforcement officer who discovers a state vehicle with an expired state vehicle license plate, shall issue a citation with the penalty of $100 per violation. The penalty shall be paid by the vehicle operator of the spending unit that owns or leases the vehicle. Upon payment of such penalty, notwithstanding court costs, the clerk of the court shall remit the amount of the penalty to the law-enforcement agency having brought the charge before the court.

(b) Any spending unit issued a citation pursuant to this section shall file a report with the Fleet Management Office within thirty days of the citation, and describe the state vehicle by the vehicle identification number, the make, model, and year of the vehicle, the state vehicle license plate, and the date on which the license plate was renewed.


§17A-3-27. Compliance audit.

On or before December 31, 2019, the Legislative Auditor, in accordance with §4-10-1 et seq. of this code, shall audit the Division of Motor Vehicles and the Fleet Management Office for compliance with the State Vehicle Title, Registration, and Relicensing Project of 2018. The Legislative Auditor may make recommendations for future compliance monitoring of any spending unit found not in compliance with the project and make such recommendations for administrative penalties for noncompliance with the project.


CHAPTER 29B. FREEDOM OF INFORMATION.


ARTICLE 1. PUBLIC RECORDS.


§29B-1-4. Exemptions.


(a) There is a presumption of public accessibility to all public records, subject only to the following categories of information which are specifically exempt from disclosure under the provisions of this article:

(1) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors;

(2) Information of a personal nature such as that kept in a personal, medical, or similar file, if the public disclosure of the information would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in this particular instance: Provided, That this article does not preclude an individual from inspecting or copying his or her own personal, medical, or similar file;

(3) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination;

(4) (A) Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement;

(B) Records identifying motor vehicles used, and the agencies using them, for undercover investigation activities conducted by state law-enforcement agencies or other agencies that are authorized by this code to use undercover or unmarked vehicles;

(5) Information specifically exempted from disclosure by statute;

(6) Records, archives, documents, or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological, and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage the record, archive, document, or manuscript;

(7) Information contained in or related to examination, operating, or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers;

(8) Internal memoranda or letters received or prepared by any public body;

(9) Records assembled, prepared, or maintained to prevent, mitigate, or respond to terrorist acts or the threat of terrorist acts, the public disclosure of which threaten the public safety or the public health;

(10) Those portions of records containing specific or unique vulnerability assessments or specific or unique response plans, data, databases, and inventories of goods or materials collected or assembled to respond to terrorist acts; and communication codes or deployment plans of law enforcement or emergency response personnel;

(11) Specific intelligence information and specific investigative records dealing with terrorist acts or the threat of a terrorist act shared by and between federal and international law-enforcement agencies, state, and local law enforcement and other agencies within the Department of Military Affairs and Public Safety;

(12) National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism;

(13) Computing, telecommunications, and network security records, passwords, security codes, or programs used to respond to or plan against acts of terrorism which may be the subject of a terrorist act;

(14) Security or disaster recovery plans, risk assessments, tests, or the results of those tests;

(15) Architectural or infrastructure designs, maps, or other records that show the location or layout of the facilities where computing, telecommunications, or network infrastructure used to plan against or respond to terrorism are located or planned to be located;

(16) Codes for facility security systems; or codes for secure applications for facilities referred to in subdivision (15) of this subsection;

(17) Specific engineering plans and descriptions of existing public utility plants and equipment;

(18) Customer proprietary network information of other telecommunications carriers, equipment manufacturers, and individual customers, consistent with 47 U.S.C. §222;

(19) Records of the Division of Corrections, Regional Jail and Correctional Facility Authority, and the Division of Juvenile Services relating to design of corrections, jail, and detention facilities owned or operated by the agency, and the policy directives and operational procedures of personnel relating to the safe and secure management of inmates or residents, that if released, could be used by an inmate or resident to escape a facility, or to cause injury to another inmate, resident, or to facility personnel ;

(20) Information related to applications under §61-7-4 of this code, including applications, supporting documents, permits, renewals, or any other information that would identify an applicant for or holder of a concealed weapon permit: Provided, That information in the aggregate that does not identify any permit holder other than by county or municipality is not exempted: Provided, however, That information or other records exempted under this subdivision may be disclosed to a law enforcement agency or officer: (i) To determine the validity of a permit, (ii) to assist in a criminal investigation or prosecution, or (iii) for other lawful law-enforcement purposes; and

(21) Personal information of law-enforcement officers maintained by the public body in the ordinary course of the employer-employee relationship. As used in this paragraph, “personal information” means a law-enforcement officer’s social security number, health information, home address, personal address, personal telephone numbers, and personal email addresses and those of his or her spouse, parents, and children as well as the names of the law-enforcement officer’s spouse, parents, and children.

(b) As used in subdivisions (9) through (16), inclusive, subsection (a) of this section, the term "terrorist act" means an act that is likely to result in serious bodily injury or damage to property or the environment and is intended to:

(1) Intimidate or coerce the civilian population;

(2) Influence the policy of a branch or level of government by intimidation or coercion;

(3) Affect the conduct of a branch or level of government by intimidation or coercion; or

(4) Retaliate against a branch or level of government for a policy or conduct of the government.

(c) The provisions of subdivisions (9) through (16), inclusive, subsection (a) of this section do not make subject to the provisions of this chapter any evidence of an immediate threat to public health or safety unrelated to a terrorist act or the threat of a terrorist act which comes to the attention of a public entity in the course of conducting a vulnerability assessment response or similar activity.

 

NOTE: The purpose of this bill is to create and maintain a centralized state vehicle inventory system. The bill establishes the Fleet Management Office within the Department of Administration. The bill creates the State Vehicle Title, Registration, and Relicensing Project of 2018. The bill requires reporting by spending units utilizing state vehicles. The bill provides the new article’s scope and establishes exemptions. The bill provides for new officers and establishes their powers, duties, and responsibilities. The bill defines terms. The bill continues the Fleet Management Office Fund. The bill requires the Fleet Management Office to coordinate with other agencies. The bill provides for annual reports of vehicle use by spending units. The bill requires annual reports to the Governor and the Joint Committee on Government and Finance. The bill establishes operator requirements and training. The bill provides for enforcement. The bill provides for notice. The bill requires legislative compliance audits. The bill provides a deadline date for the expiration of current state vehicle license plates. The bill creates new state vehicle license plates. The bill provides for notice to spending units regarding the expiration of title, registrations, and license plates. The bill requires a standardized naming convention for the title, registration, and licensing of all state vehicles. The bill requires annual renewal of the state vehicle registrations. The bill provides exemptions from reporting for certain undercover vehicles. The bill requires insurance cards in state vehicles. The bill authorizes rule making and emergency rule making.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

This bill is recommended by the interim Committee on Government Organization for introduction and passage during the 2018 Regular Session.

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