CHAPTER 136

FORMERLY

SENATE BILL NO. 194

AS AMENDED BY SENATE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE VEHICLES.

BE IT ENACTED BY THE. GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. AMEND Title 29, §6902 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§6902. Rental and purchase of motor vehicles; exceptions.

(a) Notwithstanding §6903 of this title, all passenger vehicles, including sedans, station wagons, passenger and utility vans, off-road vehicles, police-type cars and station wagons, and trucks rated 10,000 GVW or less purchased for State use by any agency/school district must be approved by the Secretary of Administrative Services and purchased by contracts administered by the Division of Purchasing. All other vehicles purchased for State use by any agency/school district must be purchased from contracts administered by the Division of Purchasing.

(b) Notwithstanding §6903 of this title, the purchase of special purpose vehicles by any agency/school district in excess of the restrictions set forth in Subsection (a) of this section, without the written approval of the Budget Director, the Controller General, and the Secretary of Administrative Services, is prohibited.

(c) Used vehicles employed by any agency for undercover operations may be purchased by negotiation rather than by competitive bidding as provided in this section, provided that the negotiated prices are approved by the Budget Director, the Controller General, and the Secretary of Administrative Services.

(d) Except for the Governor's car, cars rented while on out-of-state business and those cars leased by the Division of Support Operations, no agency/school district may lease passenger vehicles except from the Division of Support Operations.

(e) Passenger vehicles may not be transferred from one agency/school district to another agency/school district without the approval of the Secretary of Administrative Services.

(f) The procurement of vehicles by the New Castle County Police shall be exempt from the provisions of this section."

Section 2. AMEND Title 29, Chapter 71 of the Delaware Code by striking the title of said Chapter in its entirety and substituting in lieu thereof the following:

"CHAPTER 71. TRANSPORTATION Of STATE EMPLOYEES."

Section 3. AMEND Title 29, §7101 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§7101. Definition of agency.

As used in this chapter, the term "agency" shall have the same meaning as defined in §6301 of this title; provided, however, that the judiciary and the courts of the State shall be included in the meaning of the term 'agency' when used in this chapter."

Section 4. AMEND Title 29, §7105 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§7105. Establishment and use of a statewide fleet management system.

(a) The Department of Administrative Services, Division of Support Operations shall establish and operate a Statewide Fleet Management System ("Fleet System"). This Fleet System shall be composed of all passenger vehicles used by every agency, except for those vehicles exempted by the Secretary of Administrative Services. Passenger vehicle as used in this section includes sedans, station wagons, passenger and utility vans, off-road vehicles, and trucks rated 10,000 GVW or less.

(b) Each agency shall, within 30 days of a request from the Secretary of Administrative Services, deliver to the Division of Support Operations any passenger vehicle and its title for inclusion in the Fleet System. If such vehicles were purchased with non-appropriated special funds that require the proceeds of the disposition of the vehicle to be returned to the agency or non-appropriated special funds source, the Secretary of Administrative Services shall provide the agency with credits in the amount of the then current value of the vehicle to be used toward the agency's vehicle lease expenses.

(c) No agency shall lease passenger vehicles except from the Division of Support Operation. Exempt from this subsection are the Governor's car, agency employees traveling on out-of-state business, and the Division of Support Operations.

(d) The Division of Support Operations, in cooperation with the Office of Information Systems and the Division of Accounting, shall implement the systems and procedures to enable the direct, electronic transfer of funds from customers of the Fleet System to an account designated by the Division of Support Operations. Customers shall be required to furnish the Division of Support Operations with a Purchase Order by August 1 of each year that encumbers funds for the rental of vehicles for that entire fiscal year. The Secretary of Administrative Services may exempt agencies from this subsection.

(e) Each agency shall appoint one individual to serve as the agency's vehicle representative. It is the responsibility of the head of each agency to ensure that the vehicle representative completes and submits all vehicle reports as required by the Secretary of Administrative Services. It is also the responsibility of each agency head to ensure that the employees of his or her respective agency follow the polices concerning the Fleet System.

(f) Law enforcement vehicles and vessels of State agency law enforcement personnel covered under the provisions of the Delaware Council on Police Training, owned by school districts shall be exempt from Subsection (a) and (b) of this section."

Section 5. AMEND Title 29, §7106 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§7106. Use of state owned vehicles; penalty; exemptions.

(a) No motor vehicle owned by any agency/school district, except as otherwise indicated herein, shall be driven by an employee before or after the prescribed working hours of that employee.

(b) When not on official State business, every motor vehicle owned by any agency/school district, with the exception of those vehicles exempted under Subsection (c) of this section, shall be parked at the agency or motor pool location to which the vehicle is assigned.

(c) Specifically exempted from Subsections (a) and (b) are the Governor's car, law enforcement vehicles and vessels of State agency law enforcement personnel covered under the provisions of the Delaware Council on Police Training, and those vehicles exempted by the Secretary of Administrative Services. The Secretary of Administrative Services shall
promulgate a policy concerning these exemptions. This policy shall include rules which allow certain vehicles to be parked at locations other than a motor pool or agency site if warranted by emergency or business activities of certain employees and/or security requirements of certain vehicles.

(d) Those vehicles designated by the Governor or his designee for the transportation of State employees commuting to and from their prescribed places of employment, provided that the vehicles are part of a specific pooling program, shall also be exempt from Subsection (b). Each such vehicle pooling program and costs thereof shall be approved by the Secretary of Transportation prior to starting operations and shall provide that the State be reimbursed for the entire cost of the vehicle and all operating costs thereof by its users. After the initial year of operation, and on each successive August 1, the Secretary of Finance shall determine an appropriate cost factor for each approved pooling program.

(e) Whoever violates this section, for the first offense, shall be fined not less than $10 nor more than $25.- For each subsequent like offense, he shall be fined not less than $25 nor more than $50. Justice of the Peace Courts shall have jurisdiction over offenses under this section."

Section 6. AMEND Title 29, §7107 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§7107. Identification of state-owned vehicles and boats.

All state-owned motor vehicles shall bear on the rear license plates issued by the Division of Motor Vehicles the notation "STATE OWNED". All state-owned boats shall bear prominent identification on the rear thereof identifying such boats as state-owned. The automobile used by the Governor, and law enforcement vehicles and vessels of State agency law enforcement personnel covered under the provisions of the Delaware Council on Police Training, are exempted from the requirements of this section. Other exemptions from this section must be approved by the Secretary of Administrative Services."

Section 7. AMEND Title 29, §8813 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§8813. Office of Fleet Management.

The Office Fleet Management is established, having the following powers, duties, and functions. The Office of Fleet Management shall:

(1) Have the administrative, ministerial, budgetary and clerical functions of the Office;

(2) Establish and operate a Statewide Fleet Management System, as established by §7105 of this Title;

(3) Investigate and resolve all citizens' complaints relating to abuse or misuse of all agency/school district owned vehicles;

(4) Recommend to the Budget Office appropriate funding levels to all agency/school districts for in-state travel requirements;

(5) Be the sole agency to receive the proceeds from the disposal of vehicles and vehicle parts, including all non-general funds except those funds that as a basis for their authorization require the proceeds of such disposal to be returned to the original source of the funds;

(6) Establish an appropriated special fund account to sustain the total cost and operation of the Office of Fleet Management and its function, including staff salaries and the Statewide Fleet Management System; and

(7) Have such other powers, duties, and functions as the Secretary may assign which are not inconsistent with the laws of the State."

Section 8. The Secretary of Administrative Services shall, no later than December 31, 1993, deliver to each member of the General Assembly a copy of the take-home vehicle policy referred to in §7106(c) of Title 29."

Section 9. This bill shall become effective upon enactment.

Approved July 12, 1993.