ASSEMBLY, No. 3844

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED OCTOBER 23, 2014

 


 

Sponsored by:

Assemblywoman  DONNA M. SIMON

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Reduces number of and establishes usage requirements for State vehicles.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the use and number of State vehicles, and supplementing Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a. Within six months of the effective date of this act, P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the State Treasurer shall adopt a comprehensive plan for the reduction in the number of State vehicles in the Executive Branch of the State government.  The plan shall provide for the systematic reduction of the State vehicle fleet by 20% over three fiscal years, beginning with the fiscal year that commences more than six months after the effective date of this act. 

     In order to achieve the reduction of the State vehicle fleet by 20% in three years, the plan adopted by the State Treasurer shall reduce the number of State vehicles as follows: in the first fiscal year of reductions, the State vehicle fleet shall be reduced by 5% of the number of vehicles owned by the State at the time of enactment of this act, in the second fiscal year of reductions, the State vehicle fleet shall be reduced by 10% of the number of vehicles owned by the State at the time of enactment of this act, and in the third fiscal year of reductions, the State vehicle fleet shall be reduced by 5% of the number of vehicles owned by the State at the time of enactment of this act.

     The comprehensive plan shall be prepared by a panel comprised of the State Treasurer, a member of the Governor's staff designated by the Governor, and the commissioner of each department of State government, or a designee.  The panel shall review the assignment, use and continued need for each State vehicle in order to determine whether that assignment, use or need should be continued, eliminated or transferred.  If the panel determines that the reduction goal cannot be implemented in three fiscal years, it shall provide a statement detailing the panel's reasoning and conclusion and specifying how many additional fiscal years, not to exceed three fiscal years, will be required to achieve the reduction goal.

     The Department of the Treasury shall provide the necessary personnel and assistance to the panel.

     Upon adoption of the comprehensive plan, a copy shall be provided to the Joint Budget Oversight Committee.

     The panel shall submit detailed quarterly reports of its activities, denials, and approvals to the Joint Budget Oversight Committee.  Upon full implementation of the fleet reduction of State vehicles required in this section, the panel shall automatically dissolve and would require reinstatement by law to make further fleet reductions.

     b.    Each annual appropriation law that is enacted for the three consecutive years beginning with the fiscal year that commences more than six months after the effective date of this act shall provide for the reduction in the funding for State vehicle accounts to implement the reduction in the comprehensive plan for that fiscal year.

     c.     Following the effective date of this act, any request for an additional State vehicle to be added to the State fleet, not including replacement vehicles, in the Executive Branch of State government, shall be reviewed by the State Treasurer.  The Treasurer shall either deny or approve a request for an additional State vehicle.  The Treasurer shall develop required criteria to use in making new vehicle request determinations.  The criteria shall address, but need not be limited to, the duties and requirements of the position requiring a State vehicle, the funding source for the State vehicle, the existence of other substantially similar positions that are assigned a State vehicle, the period of time for which the State vehicle will be needed, the essential or supportive nature of the State vehicle, and whether an existing State vehicle may be transferred for the same purpose.  The Treasurer's denial or approval shall be accompanied by a statement detailing the panel's reasoning and conclusion on each element of the criteria considered.

     Any denial as to a request for a new vehicle would be eligible for one written appeal to the State Treasurer within two weeks of the date of the Treasurer's decision and should address the Treasurer's basis and concerns for the denial.

     d.    The sale of State vehicles in compliance with this section shall be in accordance with section 15 of P.L.1944, c.112 (C.52:27B-67) and any rules or regulations that have been established to implement that law.

     e.     For the purposes of this section, "vehicle" means a motor vehicle that is required to be registered with or licenses by the Motor Vehicle Commission pursuant to the provisions of Title 39 of the Revised Statutes, but not including aircraft and watercraft, and not including vehicles of the Division of State Police, or vehicles and equipment used for construction, maintenance, or emergency services purposes; and

     "State" means the Executive Branch of State government, but not including the Division of State Police in the Department of Law and Public Safety, or an independent authority, commission, board, agency, or instrumentality of the State or an institution of higher education of the State.

 

     2.    a.  A State officer or employee may be permitted to store a State vehicle at the officer's or employee's home only if the head of the State department or agency for which the officer or employee performs services submits a request in writing to the State Treasurer for that assignment and use.  The head of a department or agency may submit a request in writing for himself or herself.

     The written request shall include the name of the officer or employee; a description of the duties and responsibilities of the employee, including whether the officer or employee is required to respond to emergency or urgent situations during times other than during normal working hours; an analysis substantiating the need for the vehicle, including an analysis of cost; the existence of other substantially similar positions for which a vehicle was assigned to and used by an officer or employee; the period of time for which the vehicle will be needed; and any other information the State Treasurer may require. 

     The head of a department or agency must submit a written request for each applicable officer or employee on an annual basis, as to the continued need for the assignment of a vehicle to that officer or employee, no later than 45 days prior to the expiration of the permit granted by the State Treasurer.  All existing permits for the home storage of State vehicles by State officers or employees shall be reviewed within six months of the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) to ensure compliance with this section. 

     The State Treasurer may approve a request submitted pursuant to this subsection only if the officer or employee is required to respond to emergency or urgent situations during times other than during the normal work hours of that officer or employee or if the assignment will result in the use of the vehicle for more than average of 1,250 miles per month for the conduct of official business of the State or such greater average number of miles per month as is necessary to ensure that the assignment and use pursuant to this subsection is cost effective for the State.

     The State Treasurer shall provide written approval or denial within 10 days of submission of the request for home storage.  If a request is denied, an explanation of the denial shall be provided along with the decision.

     b.    If a permit has been approved pursuant to subsection a. of this section, the use of a State vehicle by an officer or employee for a purpose other than for the conduct of official business of the State shall be prohibited, except as permitted for commuting pursuant to subsection a. of this section or during periods for authorized meals or breaks as necessary and reasonable during normal or overtime work hours.  The use during these periods shall be recorded in the vehicle log.  A State vehicle may be used for a personal medical emergency, including for obtaining a prescription drug in an emergency, provided that the use is reported in writing to the head of the officer or employee's department or agency within 24 hours of the use.

     c.     For purposes of this section, "Vehicle" means a motor vehicle that is required to be registered with or licensed by the Motor Vehicle Commission pursuant to the provisions of Title 39 of the Revised Statutes, but not including aircraft or watercraft; and

     "State" means the various departments and agencies in the Executive Branch of State government.

     d.    State vehicles may be assigned to and used by the Governor, Lieutenant Governor, or the Attorney General without regard to the provisions of this section.

 

     3.    a.  Within one year of the effective date of P.L.    , c.    (C.       ) (pending before the Legislature as this bill), the State Treasurer shall implement an electronic fleet management system that includes, but need not be limited to, a cost-efficiency calculator and a route-efficiency calculator for the use of all State vehicles.

     The system shall have the capacity to determine on an individual vehicle basis the most cost-effective method of transportation for a State officer or employee for a particular trip or schedule.  The system shall determine whether it is more cost-effective for the officer or employee to use a department or agency vehicle, a rental vehicle, or the employee's personal vehicle, and the officer or employee would be required to use the method of transportation deemed most cost-effective.

     For each trip taken by an officer or employee on official State business, a route-calculator shall be used to determine the most efficient route to the destination.  The routes of all trips or schedules must be approved by the employee's direct supervisor.  The route-efficiency calculator is required only for the use of pool vehicles, not vehicles assigned to individual officers or employees.

     b.    For the purposes of this section, "vehicle" means a motor vehicle that is required to be registered with or licenses by the Motor Vehicle Commission pursuant to the provisions of Title 39 of the Revised Statutes, but not including aircraft and watercraft, and not including vehicles of the Division of State Police in the Department of Law and Public Safety, or vehicles and equipment used for construction, maintenance, or emergency services purposes; and

     "State" means the Executive Branch of State government, but not including the Division of State Police in the Department of Law and Public Safety, or an independent authority, commission, board, agency, or instrumentality of the State or an institution of higher education of the State.

 

     4.    a.  Beginning one year after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), State vehicle usage reports shall be issued on an annual basis by each agency to the Governor, and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

     No later than 15 days after the submission of the usage reports, the usage reports shall be released by the State Treasurer to the public.

     b.    The following information shall be required to be included in the usage reports: total vehicle days used per month, total vehicle down-time in days per month, total mileage, mean trip length in miles, total fuel used, approximate maintenance costs, and approximate total cost, organized within the report by: 1) fleet totals (indicating fleet size); 2) the top 15% of vehicles used; and 3) the bottom 15% of vehicles used.

     The usage reports shall also include figures from the prior year, so that vehicle usage can be compared on an annual basis.

     c.     For the purposes of this section, "vehicle" means a motor vehicle that is required to be registered with or licenses by the Motor Vehicle Commission pursuant to the provisions of Title 39 of the Revised Statutes, but not including aircraft and watercraft, and not including vehicles of the Division of State Police in the Department of Law and Public Safety, or vehicles and equipment used for construction, maintenance, or emergency services purposes; and

     "State" means the Executive Branch of State government, but not including the Division of State Police in the Department of Law and Public Safety, or an independent authority, commission, board, agency, or instrumentality of the State or an institution of higher education of the State.

 

     5.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would reduce the number of passenger vehicles owned by the State by 20% over the course of three years, and it would provide usage requirements for State vehicles.  The State Treasurer would be required to reduce the State vehicle fleet by 20% over three years by establishing a panel to review the use and assignment of State vehicles.

     Further, this bill would provide that home storage of State vehicles is only permitted with the approval of the State Treasurer. 

     Additionally, this bill would require the State Treasurer to implement an electronic fleet management system to determine cost-efficiency and route-efficiency for trips and schedules of State vehicles.

     Finally, this bill would provide that each State department or agency must submit annual usage reports to the Offices of the Governor, the State Treasurer and the majority and minority leadership of each House of the State Legislature.  In order to increase transparency in State vehicle operations, the usage reports will also be released to the public.

     The purpose of this bill is to reduce misuse, abuse and unnecessary use of State vehicles by requiring each State agency or department to justify the need of an employee storing a vehicle at home on an annual basis, requiring each State agency or department to submit annual usage reports, implementing a cost-efficiency and route-efficiency system, and reducing the number of State vehicles over a period of three years.