West Virginia Code 5A-12-5 – Rule-making authority; emergency rules
(a) The director shall propose legislative rules as may be necessary to implement this article, in accordance with § 29A-3-1 et seq. of this code. Those rules shall include, but not be limited to:
Terms Used In West Virginia Code 5A-12-5
- Director: means the Director of the Fleet Management Division. See West Virginia Code 5A-12-1
- Division: means the Fleet Management Division, under the Department of Administration, as established pursuant to this article. See West Virginia Code 5A-12-1
- 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. See West Virginia Code 5A-12-1
- 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. See West Virginia Code 5A-12-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- 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&rsquo. See West Virginia Code 5A-12-1
- 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. See West Virginia Code 5A-12-1
(1) Requirements governing the use of state vehicles;
(2) Reporting requirements and responsibilities for fleet coordinators;
(3) Requirements and responsibilities for each driver or operator of a state vehicle;
(4) Information to be collected and maintained on state vehicle log sheets, including information related to mileage, destinations, and purpose of use;
(5) The form and manner for each spending unit fleet coordinator to report to the division, including any electronic format as deemed necessary by the director;
(6) The information that each spending unit fleet coordinator shall collect and maintain regarding state vehicle use by the spending unit;
(7) The information for spending unit fleet coordinators to annually report to the division regarding state vehicle use;
(8) Requirements and policies governing commuting in and taking home state vehicles; and
(9) Requirements and policies governing volunteer and non-public employee drivers.
(b) All rules of the Fleet Management Office in effect on the effective date of this article shall remain in effect until they are amended, replaced, or repealed: Provided, That these rules shall expire on July 1, 2021, if not sooner superseded.
(c) On or before June 15, 2018, the director shall propose emergency legislative rules which may amend or modify existing legislative rules governing the use of state vehicles pursuant to § 5A-12-1 et seq. of this code to implement the provisions of this article.