CHAPTER 241
SB 402-FN – FINAL VERSION
03/24/10 1132s
03/24/10 1163s
05May2010… 1680h
06/02/10 2300CofC
2010 SESSION
03/05
SENATE BILL 402-FN
AN ACT relative to state-owned vehicles.
SPONSORS: Sen. Bragdon, Dist 11; Sen. Barnes, Jr., Dist 17; Sen. Carson, Dist 14; Sen. Downing, Dist 22; Sen. Gallus, Dist 1; Sen. Letourneau, Dist 19; Sen. Roberge, Dist 9; Sen. Bradley, Dist 3
This bill requires that each state agency reduce its combined in-state travel and fleet operations costs by 6 percent for the fiscal year ending June 30, 2011 and by an additional 6 percent for fiscal year ending June 30, 2012. This bill requires the disposal or reassignment of a state-owned vehicle if the nonbusiness use miles traveled by the vehicle exceeds a specified percentage of total miles traveled and establishes a procedure for the purchase or lease of vehicles by state agencies.
This bill also makes motor vehicle records of accidents or collisions involving state-owned or state-leased vehicles governmental records subject to the right-to-know law.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/10 1132s
03/24/10 1163s
05May2010… 1680h
06/02/10 2300CofC
10-2905
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to state-owned vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
241:1 New Subdivisions; Disposal of State-Owned Vehicles Based on Nonbusiness Use; Fleet Efficiency and Redistribution. Amend RSA 21-I by inserting after section 19-g the following new subdivisions:
Disposal of State-Owned Vehicles Based on Nonbusiness Use
21-I:19-h Disposal of State-Owned Vehicles Based on Nonbusiness Use.
I. Each agency, as defined in RSA 21-G:5, III, shall report quarterly to the department of administrative services the total miles and total nonbusiness miles traveled by each state-owned motor vehicle, including, but not limited to, use of vehicles for commuting between an employee’s home and regular place of business. This section shall not apply to vehicles used for the purposes of law enforcement. This section shall be interpreted so as not to conflict with federal Internal Revenue statutes or regulations and shall not relieve an agency or its employees from non-wage fringe benefit reporting requirements for nonbusiness use of state-owned motor vehicles.
II. By August 1, 2011, each agency shall review the utilization of all vehicles which are assigned to the agency to determine if nonbusiness use for any vehicle exceeds 15 percent of the total miles traveled by that vehicle for the preceding fiscal year. By August 1 of each year after 2011, each agency shall conduct the same review using the percentage of nonbusiness use miles adjusted by the vehicle utilization committee.
III. Each agency shall, by August 15, 2011, report to the commissioner in writing all vehicles which are determined to have nonbusiness use exceeding 15 percent of the total miles traveled by that vehicle for the preceding fiscal year. Each agency shall, by August 15 of each year after 2011, report to the commissioner in writing all vehicles which are determined to have nonbusiness use miles exceeding the percentage adjusted by the vehicle utilization committee.
IV. The commissioner shall, by October 1, 2011 and each October 1 thereafter, submit a report to the governor and council and to the fiscal committee of the general court identifying all vehicles which he or she has been advised have nonbusiness use exceeding the applicable percentage of total miles traveled by that vehicle for the preceding fiscal year.
V. For each vehicle reported under paragraph III, the director of the division of plant and property management of the department of administrative services either shall declare the vehicle surplus and transfer or otherwise dispose of the vehicle or shall reassign the vehicle within the agency, unless a waiver of the requirements of this paragraph is granted by the vehicle utilization committee.
VI. Requests for waivers from the vehicle utilization committee shall be submitted to the commissioner at the same time as the report required by paragraph III. The vehicle utilization committee shall grant a waiver if it concludes that to do so would be in the best interests of the state.
VII. There is hereby established a vehicle utilization committee consisting of the following officials or designees:
(a) The commissioner of the department of administrative services.
(b) The director of the division of plant and property management of the department of administrative services.
(c) The commissioner of the department of transportation.
(d) The commissioner of the department of safety.
(e) The commissioner of the department of environmental services.
VIII. After October 1, 2011, the vehicle utilization committee may, at any time, with the prior approval of the fiscal committee of the general court, adjust the percentage of nonbusiness use miles traveled by a vehicle during the preceding fiscal year which may result in a vehicle being declared surplus and subject to transfer or other disposal by the director of the division of plant and property management. In the absence of any adjustment, the percentage shall be 15 percent. Any adjustment of the percentage made by the vehicle utilization committee shall be communicated to agencies by the vehicle utilization committee and shall remain in effect until further adjustment, if any, is made.
Fleet Efficiency and Redistribution
21-I:19-i Fleet Efficiency and Redistribution.
I. The department of administrative services shall monitor, analyze, and evaluate the utilization of the state’s motor vehicles by agencies and employees; develop methods and procedures to improve the efficiency of the state’s motor vehicle fleet; oversee the analysis of data provided to it by agencies; make recommendations for improvement of fleet efficiency; develop recommendations for managing fleet size and efficiency; and make recommendations for purchases of motor vehicles and redistribution of vehicles in the state’s fleet as necessary to achieve fleet efficiencies, taking into account agencies’ purposes, objectives, and functions.
II. In this section:
(a) “Agency” means “agency” as defined by RSA 21-G:5, III.
(b) “Motor vehicle” means:
(1) A passenger sedan or station wagon; or
(2) Any of the following which has a gross vehicle weight rating of up to 10,000 pounds: a passenger van seating up to 8 people, a pickup truck, a sport utility vehicle, or a cargo van.
III. An agency shall not purchase or lease a motor vehicle without first obtaining the recommendation of the department of administrative services as provided in this section.
IV. In regard to motor vehicle purchases or leases, the department of administrative services shall assess whether the purchase or lease is in conformity with:
(a) The efficient and cost-effective utilization of the state’s motor vehicle fleet as a whole.
(b) Any applicable rules or procedures of the department of administrative services, including but not limited to those relating to the alteration of fleet size and the acquisition of like or similar vehicles.
(c) The agency’s budgetary authority.
(d) The provisions of any applicable executive orders or instructions of the governor and executive council.
(e) The laws, rules, or procedures relating to the procurement or the transaction at issue.
(f) Any other matter relating to whether the purchase or lease is in the best interests of the state.
V. In the course of conducting the assessment described in paragraph IV, the department of administrative services shall consult with a representative of the agency concerning the effective and efficient achievement of the agency’s purposes, objectives, and functions. The department of administrative services may also consult with the vehicle utilization committee established under RSA 21-I:19-h, VII.
VI. Following the department of administrative services’ assessment of the purchase or lease, the commissioner of administrative services shall consider the factors set forth in paragraph IV and determine whether, in his or her opinion, the purchase or lease should be recommended. If the commissioner recommends against the purchase, he or she shall convey his or her recommendation to the fiscal committee of the general court. If the fiscal committee, taking into account the factors set forth in paragraph IV, concludes that the purchase or lease is appropriate, the agency may make the purchase or lease. If the committee does not so conclude, the agency may not make the purchase or lease.
VII. Based upon fleet utilization studies or other analyses of an agency’s fleet, and applying the factors and processes set forth in paragraphs IV through VI, the commissioner of administrative services may, at any time, recommend to the fiscal committee of the general court that any one or more motor vehicles in an agency’s fleet be declared surplus, or that it be reassigned within the agency. If the committee concurs with the commissioner’s recommendation, the director of the division of plant and property management of the department of administrative services either shall declare the vehicle or vehicles surplus and transfer or otherwise dispose of the vehicle or vehicles or shall reassign the vehicle or vehicles within the agency.
241:2 Travel and Fleet Operation Cost Reductions.
I. In this section:
(a) “Agency” means “agency” as defined in RSA 21-G:5, III.
(b) “Commissioner” means the commissioner of the department of administrative services.
(c) “Light duty truck” means any of the following which has a gross vehicle weight rating of up to 10,000 pounds: a passenger van seating up to 8 people, a pickup truck, a sport utility vehicle, or a cargo van.
(d) “Passenger vehicle” means a passenger sedan or station wagon.
II.(a) Each state agency shall reduce its combined in-state travel and fleet operations costs by 6 percent for the fiscal year ending June 30, 2011 and by an additional 6 percent for the fiscal year ending June 30, 2012, unless the vehicle utilization committee established in RSA 21-I:19-h, VII concludes that to do so would not be in the best interests of the state. By September 1, 2010, each agency shall review and determine its in-state travel reimbursement costs and light duty truck and passenger vehicle fleet operations costs for the prior 12 months. By October 1, 2010, each agency shall submit to the commissioner, in writing, an action plan that contains a proposed reduction of its combined in-state travel and fleet operations costs by 6 percent for the fiscal year ending June 30, 2011 and by an additional 6 percent for the fiscal year ending June 30, 2012. Such action plan shall include sufficient detail to demonstrate how costs savings will be realized in each fiscal year. (b) The commissioner shall review the action plan submitted by each agency to determine whether he or she concurs that the action plan would, based upon available information, likely reduce the combined costs by the required amount.
(c) If the commissioner concurs that the action plan would be likely to reduce the combined costs by the required amount, the commissioner shall, by November 1, 2010, so advise the agency in writing and the agency shall implement the plan for the fiscal years ending June 30, 2011 and June 30, 2012.
(d) If the commissioner does not concur that the action plan would be likely to reduce the combined costs by the required amount, he or she shall, by November 1, 2010, so advise the agency and the agency shall, by December 1, 2010, submit to the vehicle utilization committee established in RSA 21-I:19-h, VII either a revised plan, a request for an alteration of the reduction percentage, or a waiver of the fleet cost reduction requirement. If the committee concurs that an agency's revised plan would be likely to reduce the combined costs by the required amount or that an alteration of the reduction percentage or waiver of the fleet cost reduction requirement is appropriate, the committee shall, by December 15, 2010, so advise the agency in writing of its recommendation and the agency shall take such action as the committee specifies. If the committee does not concur that a revised plan submitted by an agency would be likely to reduce combined costs by the required amounts, or that a request for an alteration of the reduction percentage or a waiver of the fleet cost reduction requirement is appropriate, the committee shall, by December 15, 2010, so inform the agency and the agency shall institute such fleet cost reductions or alterations as are specified by the committee. The commissioner shall by December 31, 2010, provide the governor and council and the fiscal committee of the general court a report specifying the status of all action, plans, revised plans, waiver requests, and recommendations submitted under this section.
III. In order to maintain the critical public safety efforts of the state, this section shall not apply to the department of safety. The department of safety shall establish realistic target goals which are consistent with and supportive of the department’s prior and planned fleet operations cost containment efforts for the control and reduction of its fleet operating costs for the fiscal year ending June 30, 2010 and for the fiscal year ending June 30, 2011 and shall submit its plan for doing so to the fiscal committee of the general court and the governor and executive council by October 1, 2010, including proposals for each fiscal year. The department of safety shall report to the fiscal committee of the general court and the governor and executive council on the status of these target goals by December 31, 2010, July 31, 2011, and December 31, 2011.
IV. In order to provide essential maintenance, construction, and administration services for the operation of the state transportation system, the cost reduction requirements of subparagraph II(a) shall not apply to the department of transportation. The department of transportation shall reduce its combined in-state travel and fleet operations costs by 2 percent for the fiscal year ending June 30, 2011, by an additional 2 percent for fiscal year ending June 30, 2012, and by an additional 2 percent for fiscal year ending June 30, 2013, unless the fiscal committee of the general court and the governor and council conclude that to do so would not be in the best interests of the state. The action plan submitted by the department of transportation under subparagraph II(a) shall contain a proposed reduction of its combined in-state travel and fleet operations costs by 2 percent for the fiscal year ending June 30, 2011, by an additional 2 percent for fiscal year ending June 30, 2012, and by an additional 2 percent for fiscal year ending June 30, 2013. The department of transportation shall submit a fleet acquisition plan for approval from both the capital budget overview committee and the governor and council before expending, encumbering, or obligating funds appropriated in the operating budget of the department of transportation mechanical services bureau, and shall also submit monthly status reports of acquisitions and revisions to the plan.
241:3 New Paragraph; Records and Certification. Amend RSA 260:14 by inserting after paragraph II the following new paragraph:
II-a. The accident report, the technical accident reconstruction report, any repair estimate, or any similar document that constitutes a motor vehicle record that is created or received as a result of any accident or collision involving a state-owned or state-leased vehicle shall be a governmental record subject to inspection and disclosure in accordance with RSA 91-A.
241:4 Effective Date. This act shall take effect July 1, 2010.
Approved: July 1, 2010
Effective Date: July 1, 2010