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ENGROSSED SENATE
BILL NO. 76 By: Simpson of the Senate
and
Hardin (Tommy) of the House
An Act relating to the Office of Management and
Enterprise Services; amending 74 O.S. 2011, Section
78, as last amended by Section 1, Chapter 124, O.S.L.
2018 (74 O.S. Supp. 2020, Section 78), which relates
to the Fleet Management Division; providing ex ception
for the Military Department of the Stat e of Oklahoma;
amending 74 O.S. 2011, Section 78a, as last ame nded
by Section 2, Chapter 124, O.S.L. 20 18 (74 O.S. Supp.
2020, Section 78a), which relates to application of
agencies intending to purchase motor vehicles;
deleting certain reporting requirement for the
Military Department of the State of Oklahoma;
amending 74 O.S. 2011, Section 78b, as last amended
by Section 3, Chapter 124, O.S.L. 2018 (74 O.S. Supp.
2020, Section 78b), which relates to noti fication of
vehicle disposal; providing exception fo r the
Military Department of t he State of Oklahoma; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 78, as last
amended by Section 1, C hapter 124, O.S.L. 2018 (74 O.S. Supp. 2020,
Section 78), is amended to read as follows:
Section 78. A. There is hereby created and established within
the Office of Management and Enterprise Service s, the Fleet
Management Division. The Division shall pr ovide oversight of and
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advice to state agencies that own, oper ate and utilize motor
vehicles, except for the Department of Public Safety, the Department
of Transportation, the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, the Military Department of the State of
Oklahoma, the Oklahoma State Bureau of Investigation, the
Commissioners of the Land Office and The Oklahoma State System of
Higher Education.
B. The Director of the Office of Management and Enterprise
Services shall:
1. Appoint and fix duties and compensation for a Fleet Manager
who shall serve as the administrative head of the div ision;
2. Hire personnel as necessary to provide fleet services;
3. Acquire facilities to maintain vehicles;
4. Promulgate rules for efficient a nd economical operations to
provide fleet services; and
5. Report to the Governor, Speaker of the House of
Representatives, and President Pro Tempore of the Senate those
agencies that fail to comply with the provisions of law and the
rules of the Fleet Ma nagement Division regarding submission of
reports, vehicle use, and vehicle maintenance.
C. The rules shall include provisions to:
1. Establish uniform written vehicle acquisition, leasing,
maintenance, repairs, and disposal standards for use by all stat e
agencies to justify actual need for vehicles;
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2. Establish standa rds for routine vehicle inspection and
maintenance;
3. Provide standards and forms for recordkeeping of fleet
operation, maintenance, and repair costs for mandatory use by all
state agencies to report the data to the Fleet Management Division
on a monthly basis;
4. Provide standards and utilize methods for disposal of
vehicles pursuant to the Oklahoma Surplus Property Act and any other
applicable state laws;
5. Establish mandatory mainte nance contracts throughout the
state for all agencies to access for vehicle repairs and service at
discounted rates and parts;
6. Require all agencies with in -house repair and service
facilities to assign a value to the preventive maintenance services,
track those services with a dollar value, and report costs to the
Fleet Manager for the prior month no later th an the twentieth day
following the close of each month;
7. Promulgate rules requiring all state -owned motor vehicles to
be marked in a uniform, hi ghly visible manner, except for certain
vehicles driven by law enfor cement agencies or other agencies
requiring confidentiality;
8. Require agencies to produce and maintain written
justification for any vehicle that travels fewer than twelve
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thousand (12,000) miles annually and report to the Fleet Manager
such information by October 1 of each year; and
9. Address any other matter or practice which relates to the
responsibilities of the Director of the Office of Management and
Enterprise Services.
D. The Fleet Manager shall:
1. Develop specifications for contracts for ve hicle maintenance
for state vehicles not serviced or maintained by state agencies;
2. Conduct on-site inspections to verify state agency or
supplier compliance with Division standards for inspections,
maintenance and recordkeeping;
3. Assess state agency needs for vehicles and types of
vehicles;
4. Assign, transfer or lease vehicles to a state agency to meet
the needs of the state agency;
5. Unless otherwise provided by law, determine w hether a state
agency may use or operate a vehicle without state ide ntifying
markings, bearing a license plat e used by a privately owned vehicle
to perform the duties of the state agency without hindrance;
6. Report to the Director of the Office of Manage ment and
Enterprise Services occurrences of agencies failing to comp ly with
the provisions of law and the rul es of the Fleet Management Division
regarding submission of reports, vehicle use, and vehicle
maintenance;
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7. Offer guidelines to agencies to assi st in determining the
most cost-effective and reasonable modes of tr avel for single trips
from the following options: state vehicle, private rental, or
mileage reimbursement; and
8. Provide, upon the request of the Governor, the President Pro
Tempore of the Senate or the Speaker of the House of
Representatives, reports fr om data the Fleet Manager collects.
E. The Director of the Office of Management and Enterprise
Services may enter into agreements with any political subdivision of
this state for the purp ose of providing fleet services established
by the Fleet Management Division pursuant to this section and rul es
promulgated pursuant to this section.
F. The Director of the Office of Management and Enterprise
Services, through the Fleet Management Divisio n, may enter into
partnership agreements with political subdivisions and private
entities for the purposes of applying for, participating in, and
administering federal grant funds. The partnership agreements and
activities authorized in this subsection ar e hereby declared to be a
public purpose.
G. The Office may offer p ublic access to alternative fueling
infrastructure owned and operated by the Office in areas of the
state in which access to an alternative fueling infrastructure is
not readily available to the public. The Office shall cease
allowing public access to an alternative fueling infrastructure
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operated by the Office if a privately owned alternative fueling
infrastructure locates within a five -mile radius of the
infrastructure operated by the De partment.
H. When used in relation to the Fleet Management Division :
1. “Alternative fueling infrastructure ” shall mean a fill
station or charge station used to deliver or provide alternative
fuels as defined in Section 130.2 of this title; and
2. “Alternative fuel vehicle” shall mean a motor vehicle
originally designed by the manufacturer to operate lawfully and
principally on streets and highways which is propelled by an
alternative fuel as defined in Section 130.2 of this title.
SECTION 2. AMENDATORY 74 O.S. 2011, Section 78a, as last
amended by Section 2, Chapter 124, O.S.L. 2018 ( 74 O.S. Supp. 2020,
Section 78a), is amended to read as follows:
Section 78a. A. State agencies with authority to own motor
vehicles shall submit a req uisition to the Director of the Office of
Management and Enter prise Services prior to acquisition of a motor
vehicle. The requisition shall state the type of vehicle, the
intended purpose of the vehicle, a statement that the agency has
actual need for the vehicle, the supplier of the vehicle, that the
state agency has sufficient funds to acquire and mainta in the
vehicle and cite the statutory authority of the state agency to
acquire a vehicle.
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B. The Director of the Office of Management and Enterprise
Services shall review the requisition and approve or deny the
request of the state agency within fifteen ( 15) days of receipt.
C. The provisions of subsections A and B of this section shall
not apply to the Department of Public Safety, the Commissioners of
the Land Office, the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control or the Oklahoma Mili tary Department.
D. The provisions of subsections A and B of this section shall
not apply to CompSource Oklahoma if CompSource Oklahoma is operating
pursuant to a pilot program authorized by Sections 3316 and 3317 of
this title.
E. The Oklahoma Military Department shall annually report to
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives and the Secretary of Finance the amount of savings
realized from its authority to purchase mot or vehicles. If such
report is not filed or does not document such savings, the authority
of the Department to purchase motor vehicles shall cease to be in
effect on January 1, 2022.
SECTION 3. AMENDATORY 74 O.S. 2011, Section 78b, as last
amended by Section 3, Chapter 124, O.S.L. 2018 (74 O.S. Supp. 2020,
Section 78b), is amended to read as follows:
Section 78b. A. A state agency shall notify the Fleet
Management Division of the Office of Management and Enterprise
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Services not less than thirty (30) days prior to any v ehicle
disposal by the state agency.
B. A state agency shall not dispose of a passenger car, truck,
pickup, or other vehicle the state agency owns until it has been in
use for sixty thousand (60,000) miles or at le ast twenty-four (24)
months have elapsed since the day the claim was approved for the
payment thereof, unless the vehicle has damage and repairs that will
exceed Two Thousand Five Hundred Dollar s ($2,500.00), or the
Director of the Fleet Management Divisio n of the Office of
Management and Enterpr ise Services provides written authorization
for disposal.
C. The provisions of subsections A and B of this section shall
not apply to the Commissioners of the Land Office, the Military
Department of the State of Ok lahoma or CompSource Oklahoma if
CompSource Oklahoma is operating pursuant to a pilot program
authorized by Sections 3316 and 3317 of this title.
SECTION 4. This act shall bec ome effective November 1, 2021.
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Passed the Senate the 4th day of March, 2021.
Presiding Officer of t he Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives