WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

FISCAL NOTE

Introduced

House Bill 5613

By Delegate Phillips
(By Request of the Department of Administration)

[Introduced February 16, 2026; referred to the Committee on Government Organization]

A BILL to amend and reenact §5A-12-1 and §5A-12-3 of the Code of West Virginia, 1931, as amended; and to repeal §5A-12-14 of said code, relating to the responsibilities and authority of the Fleet Management Division.

Be it enacted by the Legislature of West Virginia:

 

ARTICLE 12. FLEET MANAGEMENT Division.

 

§5A-12-1. Definitions.

 

As used in this article:

(a) "Central motor pool" means, under the direction and control of the Secretary of Administration, the group of state vehicles to be shared among spending units; 

(b) "Centralized accounting system" means the system of record for the maintenance of an accurate inventory of state vehicle fixed assets as maintained by the Enterprise Resource Planning Board pursuant to §12-6D-1 et seq. of this code;

(c) "Director" means the Director of the Fleet Management Division;

(d) "Division" means the Fleet Management Division, under the Department of Administration, as established pursuant to this article;

(e) "Fleet Coordinator" means the head of a spending unit, or his or her designee, who is responsible for the duties of fleet coordinator as required by this article;

(f) "Indirect costs" means the expenses of operating state vehicles that may or may not be attributable to a specific vehicle, including miscellaneous expenses for cleaning supplies, shop supplies, small parts, office and administrative expenses attributable to fleet coordinator activity, training costs for fleet coordinators and state vehicle driver training, facilities costs, administrative office overhead, parking costs, and shop equipment costs where applicable;

(g) "Secretary" means the Secretary of the Department of Administration;

(h) "Spending unit" means the State of West Virginia and all agencies, offices, departments, divisions, boards, commissions, councils, committees, or other entities of the state government for which an appropriation is requested or to which an appropriation is made by the Legislature. "Spending unit" does not mean any county, city, township, public service district, or other political subdivision of the state;

(i) "State vehicle" means, for the purpose of this article, a vehicle with a rating of one ton or less that is owned, purchased, or leased by any state spending unit, on which a state vehicle license plate is required, where the use of such vehicle is paid for with public funds regardless of the source of such funding, but does not include all-terrain vehicles (ATVs) or vehicles requiring a commercial driver’s license to operate;

(j) "State vehicle fleet" means all state vehicles;

(k) "State vehicle license plate" means a license plate authorized to be issued by the Division of Motor Vehicles pursuant to §17A-3-23 and §17A-3-25 of this code, which identifies the vehicle as owned or leased by the state or a spending unit;

(l) "State Vehicle Title, Registration and Relicensing Project of 2018" means the requirement for all spending units owning or leasing state vehicles, to report to the Division of Motor Vehicles and obtain new titles, new registration cards and new state vehicle license plates by December 31, 2018, pursuant to §17A-3-23 and §17A-3-25 of this code, to standardize the naming conventions on titles and registration cards of state vehicles in order to facilitate the creation and maintenance of a centralized state vehicle inventory system; and

"Telematic" means an electronic device or system used by Fleet Management Division to monitor the activity, locations, action, or performance of state vehicles; and

(m) "Vehicle log" means the record of state vehicle use, to be updated by the vehicle operator and maintained by the fleet coordinators, used to track vehicle utilization data required to be compiled and maintained pursuant to this article.

§5A-12-3. Fleet Management Division created; director; duties and responsibilities.

 

(a) The Fleet Management Office, as previously authorized pursuant to §5A-1-2 and §5A-3-52 of this code, is hereby continued in the Department of Administration as the Fleet Management Division for the purpose of maintaining a state vehicle fleet.

(b) The Division shall have the following duties and responsibilities:

(1) To provide or contract for management services, including fueling and vehicle maintenance, telematics, and any other services necessary to properly manage the operation and use of state vehicles;

(2) To preapprove and assist with purchase of new or replacement vehicles for agencies including facilitating financing arrangements;

(3) To maintain a state vehicle fleet for all state vehicles owned or leased by the State of West Virginia or any of its spending units;

(4) To charge a fee for division services by spending units utilizing state vehicles;

(5) To provide training and notice to fleet coordinators and spending units concerning the duties and responsibilities under this article, including any requirements related to the State Vehicle Title, Registration and Relicensing Project of 2018, established pursuant to §17A-3-25 of this code;

(6) To develop safe operation and other policies governing state vehicle use;

(7) To propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code;

(8) Report annually to the Governor and to the Joint Committee on Government and Finance, regarding the operations of the state fleet and the utilization of state vehicles;

(9) To develop and maintain, in cooperation with the Travel Management Office, state policies for the utilization of state vehicles, including establishing best practices for state vehicle use; and

(10) To provide assistance upon request to any spending unit related to financing, purchasing, leasing, operating, maintaining, transferring, and decommissioning state vehicles.

(c) The secretary shall appoint a director of the division, who shall:

(1) Employ such staff as needed to effectuate the provisions of this article;

(2) Maintain adequate office space for staff and equipment as needed to effectuate the provisions of this article; and

(3) Under the direction of the secretary, establish a central motor pool, which shall be maintained and administered by the division, subject to such rules as the director may promulgate: Provided, That the division is responsible for the storage, maintenance, and repairs of all vehicles assigned to the central motor pool.

§5A-12-14. Legislative compliance audit.

 

[Repealed.]

 

NOTE: The purpose of this bill is to allow the Fleet Management Division to adopt the use of telematic systems in all state-owned vehicles and remove antiquated language referencing a one-time audit.

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