SB219 SUB2 enr
Senate Bill No. 219
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT to amend and reenact §5A-1-2 of the Code of West Virginia,
1931, as amended; and to amend and reenact §5A-3-48 and §5A-3-
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
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-3-48 and §5A-3-49 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
(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
(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.
(e) There shall also 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:
(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 sections forty-eight and forty-
nine, article three of this chapter; 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 sections fifty
through fifty-three, 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.
(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
The secretary may 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. The
Department of Administration is responsible for the storage,
maintenance, and repairs of all vehicles and aircraft assigned to
the central motor pool.