29 Del. C. Pt. VI, Ch. 71
§ 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.
29 Del. C. 1953, § 7101; 69 Del. Laws, c. 136, § 3.;
§ 7102 Mileage rate.
The authorized mileage rate for employees of the State, its agencies and departments shall be 40 cents per mile effective July 1, 2006.
42 Del. Laws, c. 74, § 1; 46 Del. Laws, c. 317; 48 Del. Laws, c. 235; 29 Del. C. 1953, § 7102; 50 Del. Laws, c. 217, § 1; 55 Del. Laws, c. 459, § 1; 62 Del. Laws, c. 31, § 1; 64 Del. Laws, c. 334, § 63(a); 71 Del. Laws, c. 132, § 38(a); 72 Del. Laws, c. 67, § 1; 75 Del. Laws, c. 350, § 33.;
§ 7103 Claims for mileage.
(a) Before any allowance for mileage shall be paid to any claimant therefor, the claimant shall set forth an itemized statement showing the number of miles traveled during the period for which such claim is filed. The total number of miles set forth in such claim shall be the total miles actually traveled in and about the business of the State, or of any agency of the State.
(b) No claim for mileage shall be allowed any employee of this State, its agencies and departments for miles traveled between the employee’s place of residence or abode and the employee’s principal place of employment by this State.
(c) The prohibition of subsection (b) of this section shall extend to all officers of the State excluding members of boards or commissions, any other provisions of the law to the contrary notwithstanding.
§ 7104 Penalties.
(a) Whoever pays any mileage in excess of the rates prescribed in this chapter, for or on behalf of any agency of the State, or files a claim or receives mileage in excess of the rates prescribed in this chapter shall be fined not less than $10 nor more than $100, or upon failure to pay such fine shall be imprisoned not more than 30 days.
(b) In addition to the penalties provided in subsection (a) of this section, any recipient of any allowance for mileage in violation of § 7103 of this title shall be civilly liable to the State in an amount equal to twice the excess allowance received.
§ 7105 Establishment and use of a statewide fleet management system.
(a) The Office of Management and Budget, Government Support Services 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 Director of the Office of Management and Budget. Passenger vehicles 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 Director of the Office of Management and Budget, deliver to Government Support Services any passenger vehicle and its title for inclusion in the fleet system. If such vehicles were purchased with nonappropriated special funds that require the proceeds of the disposition of the vehicle to be returned to the agency or nonappropriated special funds source, the Director of the Office of Management and Budget 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 Government Support Services. Exempt from this subsection are the Governor’s car, agency employees traveling on out-of-state business, and Government Support Services.
(d) Government Support Services, in cooperation with the Department of Technology and Information 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 Government Support Services. Customers shall be required to furnish Government Support Services with a Purchase Order by August 1 of each year that encumbers funds for the rental of vehicles for that entire fiscal year. The Director of the Office of Management and Budget may exempt agencies from this subsection.
(e) Each agency shall appoint 1 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 Director of the Office of Management and Budget. 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 subsections (a) and (b) of this section.
§ 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) of this section 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 Director of the Office of Management and Budget. The Director of the Office of Management and Budget 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 the Governor’s 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) of this section. Each such vehicle pooling program and costs thereof shall be approved by the Director, Office of Management and Budget 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 in each successive year, the Director, Office of Management and Budget 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, the violator shall be fined not less than $25 nor more than $50. Justice of the Peace Courts shall have jurisdiction over offenses under this section.
§ 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 Director of the Office of Management and Budget.
§ 7108 Other permissible users of state-owned vehicles.
Notwithstanding the definition of the term “agency” set forth in § 7101 of this title, operators of group homes contracted through the Department of Health and Social Services’ Division of Developmental Disabilities Services (DDDS) may contract with Fleet Services for the sole purpose of obtaining vehicles necessary for the operation of the contracted group homes, subject to all provisions of the Fleet Services Acceptable Use Policies.