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
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
(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.
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.
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
a central motor pool, which
shall be maintained and administered
the Department of Administration, subject to such rules
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
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would