An Act ENROLLED SENATE BILL NO. 67 By: Howard of the Senate and Ford of the House An Act relating to the Office of Mana gement and Enterprise Services; amending 74 O.S. 2021, Section 78 and 78d, which relate to fleet management; requiring all state agen cies to submit certain fleet data; and providing an effective date. SUBJECT: Fleet reporting requirements BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 74 O.S. 2021, 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 provide oversight of and advice to state agencies that own, operate and ut ilize motor vehicles., except for the All agencies shall be subject to Fleet Management Division reporting requirements. The following agencies are exempt from Fleet Management Division oversight and advice, but are still subject to required reporting from Fleet Management Division to provide full transparenc y of the statewide fl eet: Department of Public Safety, the De partment of Transportation, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Military Department o f the State of Oklahoma, the Oklahoma State Bureau of Investigation, the Commissioners of the L and Office and The Oklahoma State System of Higher Education. ENR. S. B. NO. 67 Page 2 B. The Director of the Offic e of Management and Enterprise Services shall: 1. Appoint and fix dut ies and compensation for a Fleet Manager who shall serve as the administrative head of the divi sion; 2. Hire personnel as necessary to provide fleet services; 3. Acquire facilities to maintain vehicles; 4. Promulgate rules for efficient and economical o perations 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 w ith the provisions of law and the rules of the Fleet Management Divisi on regarding submission of reports, vehicle use, and vehicle maintenance. C. The rules shall i nclude provisions to: 1. Establish uniform written vehicle acquisition, leasing, maintenance, repairs, and disposal standards for use by all state agencies to justify actual need for vehicles; 2. Establish standards for routine vehicle inspection and maintenance; 3. Provide standards and form s for recordkeeping of fleet operation, maintenance , and repair costs for mandatory use by all state agencies to report t he data to the Fleet Management Divis ion on a monthly basis; 4. Provide standards and utilize methods for disposal of vehicles pursuant to the Oklahoma Surplus Property Act and any othe r applicable state laws; 5. Establish mandatory maintenance contracts throughout the state for all agencies to access for vehicle repairs and service at discounted rates and parts; ENR. S. B. NO. 67 Page 3 6. Require all agencie s with in-house repair and service facilities to assign a value to the preventive maintenance services, track those services with a dollar value, and repor t costs to the Fleet Manager for the prior month no later tha n the twentieth day following the close of each month; 7. Promulgate rules requiring all s tate-owned motor vehicles to be marked in a uniform, highly visible ma nner, except for certain vehicles driven by law enforcement agencies or other agencies requiring confidentiality; 8. Require agencies to produce and maintain written justification for any vehicle that travels fewer than twelve thousand (12,000) miles annu ally and report to the Fleet Man ager such information by October 1 of each year; and 9. Address any other matter or practice which rel ates to the responsibilities of the Director of the Office of Management and Enterprise Services. D. The Fleet Manager s hall: 1. Develop specificati ons for contracts for vehicle maintenance for state vehicles not s erviced or maintained by state agencies; 2. Conduct on-site inspections to verify state ag ency 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 ag ency; 5. Unless otherwise provided by law, determine whether a sta te agency may use or operate a vehicle without state identifying markings, bearing a license plate used by a privately owned vehicle to perform the duties of the state agency without hindra nce; 6. Report to the Director of the Office of Management and Enterprise Services occurrence s of agencies failing to comply with ENR. S. B. NO. 67 Page 4 the provisions of law and the rule s of the Fleet Management Division regarding submission of reports, vehicle use, and vehicl e maintenance; 7. Offer guidelines to agencies to assist in dete rmining the most cost-effective and reasonable modes of travel for single trips from the following o ptions: state vehicle, private rental, o r 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 from data the Fleet Manager collects. E. The Director of the Office of Management a nd Enterprise Services may enter into agreements wi th any political subdivision of this state for the purpose of p roviding fleet services esta blished by the Fleet Management Division pursuant to this section and rule s promulgated pursuant to this section. F. The Director of the Office of Management and En terprise Services, through the Fleet Management Division, 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 agr eements and activities authorized in this subsection are hereb y declared to be a public purpose. G. The Office may offer public access to alternative fueling infrastructure owned and operated by the Offic e in areas of the state in which access to an alter native fueling infrastructure is not readily available to the public. The Office shall cease allowing public access to an alternative fueling infrastructure operated by the Office if a privately owned alt ernative fueling infrastructure locates within a fi ve-mile radius of the infrastructure operated by the Departme nt. H. When used in relation to the Fleet Management Division: 1. “Alternative fueling infrastructure ” shall mean a fill station or charge sta tion used to deliver or provide alternative fuels as defined in Section 130.2 of this title; and ENR. S. B. NO. 67 Page 5 2. “Alternative fuel vehicle” shall mean a motor vehicle originally designed by the manufacturer to operate lawfully a nd principally on streets and highways w hich is propelled by an alternative fuel as defined in Section 130.2 of this title. SECTION 2. AMENDATORY 74 O.S. 2021, Section 78d, is amended to read as follows: Section 78d. The Fleet Management Division shall furnish to the Governor, President Pro Tempore of the Senate, and t he Speaker of the House of Representatives , at the close of each fiscal year a statement showing the financial condition of the Division, an inventory of all motor v ehicles under its control regardless of exemption or oversight status , and such other information regarding the state motor vehicle transportation system as is necessary for a proper understanding of the operation of such system and of the financial condition of the motor pool operations. SECTION 3. This act shall become effecti ve November 1, 2023. ENR. S. B. NO. 67 Page 6 Passed the Senate the 25th day of May, 2023. Presiding Officer of the Senate Passed the House of Representatives the 26th day of May, 2023. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this _______ _____________ day of ________________ ___, 20_______, at _______ o'clock _______ M. By: _______________________________ __ Approved by the Governor of the State of Oklahoma this _____ ____ day of _________________ __, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o'clock _______ M. By: ________________________ _________