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Introduced Version House Bill 4033 History

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hb4033 intr
H. B. 4033


(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)

[By Request of the Executive]

[Introduced January 14, 2010; referred to the

Committee on Government Organization then Finance.]




A BILL to amend and reenact §5A-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-1-48 and §5A-1-49 of said code, all relating to the management of motor vehicles and aircraft owned or possessed by the state; authorizing the establishment of the Fleet Management Office within the Department of Administration; authorizing the Secretary of the Department of Administration to promulgate emergency rules; and repealing certain exemptions to rules pertaining to vehicles and aircraft owned or possessed by the state.

Be it enacted by the Legislature of West Virginia:

That §5A-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §5A-1-48 and §5A-1-49 of said code be amended and reenacted, all to read as follows:

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 section two-a, article seven, chapter six of this code.
(d) There shall be in the Department of Administration a Finance Division, 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. In addition to the divisions enumerated in this subsection, there shall also
(e) There shall be in the Department of Administration those agencies, boards, commissions and councils specified in section one, article two, chapter five-f of this code.
(f) The secretary may establish a Fleet Management Office within the Department of Administration to administer the rules, including emergency rules, promulgated under the provisions of sections forty-eight and forty-nine, article three of this chapter.
ARTICLE 3. PURCHASING DIVISION.
§5A-3-48. Travel rules; exceptions.
(a) The Secretary of Administration shall promulgate rules, including emergency rules, relating to the ownership, purchase, use, storage, maintenance and repair of 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. and in the possession of any department, institution or agency thereof: Provided, That the provisions of sections forty-eight through fifty-three, inclusive, of this article do not apply to the division of highways of the department of transportation, the West Virginia state police of the department of military affairs and public safety, the division of natural resources, the division of forestry, the department of agriculture, the higher education policy commission and the higher education governing boards and their institutions: Provided, however, That the higher education governing boards and their institutions shall report annually to the chancellor for higher education and the legislative oversight commission on education accountability in a form and manner as required by the chancellor for higher education. Such report shall include at least the following: The number of vehicles purchased and the purchase price, the number of donated vehicles and the cost of lease agreements on leased vehicles
(b) If, in the judgment of the Secretary of Administration, economy or convenience indicate the expediency thereof, the secretary may require all vehicles and the aircraft subject to regulation by this article, or those he or she may designate, to be kept in garages and other places of storage and to be made available in a manner and under the terms necessary for the official use of any departments, institutions, agencies, officers, agents and employees of the state as designated by the secretary in rules promulgated pursuant to this section.
(c) The secretary may administer the travel regulations promulgated by the Governor in accordance with section eleven, article three, chapter twelve of this code, unless otherwise determined by the Governor.
§5A-3-49. Central motor pool for state-owned vehicles and aircraft.

The secretary may create establish a central motor pool, which pool shall be maintained and administered by the purchasing division of the Department of Administration, subject to such rules and regulations as the secretary may from time to time promulgate. Said division The Department of Administration shall be is responsible for the storage, maintenance, and repairs of all vehicles and aircraft assigned to it the central motor pool.


NOTE: The purpose of this bill is to remove all agency exemptions from the travel rules of the Secretary of the Department of Administration; authorize emergency rules; and authorize the establishment of a Fleet Management Office within the Department of Administration.

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