A691

An Act concerning the assignment and use of State vehicles, supplementing chapter 31 of Title 52 of the Revised Statutes, and repealing various sections of the statutory law.

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

1. a. For the purposes of this act, P.L. , c. (C. )(pending before the Legislature as this bill):

“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 and watercraft; and

“State” means the various departments and agencies in the Executive Branch of State Government.

b. The Department of the Treasury shall manage, control, and supervise the assignment and use of each vehicle that is owned or leased by the State for the conduct of official business. A vehicle that is purchased or leased by the State shall be the base model of that type of vehicle available for purchase or lease, unless the State Treasurer, in writing, approves the purchase or lease of another model and sets forth the reason why the purchase of another model is necessary and appropriate for the conduct of the official business of the State. The State Treasurer shall establish procedures, guidelines, or standards for the replacement of State vehicles.

2. a. State vehicles may be assigned to and used by the Governor, Lieutenant Governor, or the Attorney General without regard to the provisions of this act, P.L. , c. (C. )(pending before the Legislature as this bill).

b. A State vehicle may be assigned to and used by an officer or employee of the State for the conduct of the official business of the State 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 on his own behalf.

The written request shall include the name of the officer or employee; a description of the duties and responsibilities of the position held by the officer or 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 State Treasurer may approve a request submitted pursuant to subsection b. of this section 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 an average of 1,250 miles per month for the conduct of the 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.

c. One or more State vehicles may be assigned to a State department or agency and used by its officers or employees on a pool basis for the conduct of the official business of the State only if the head of the department or agency submits a request in writing to the State Treasurer for the assignment of each such vehicle. The written request shall include the positions of the officers or employees who may use the vehicle; a description of the duties and responsibilities of those positions; an analysis substantiating the need for a vehicle, including an analysis of cost; the existence of other substantially similar positions for which a State vehicle was assigned to a department or agency and used by its officers or employees; the period of time for which the vehicle will be needed; and any other information the State Treasurer may require. A State vehicle may be assigned to a department or agency for use by its officers and employees only if officers or employees will use the vehicle assigned for at least an average of 1,000 miles per month, in the aggregate, for the conduct of the official business of the State.

d. The State Treasurer shall review each request submitted in accordance with this section and either approve or deny the request within 10 business days of receipt. The State Treasurer shall not approve a request submitted pursuant to subsection b. of this section if the vehicle will be used by an officer or employee primarily for commuting between his residence and the work location.

e. The State Treasurer may grant an approval of a request for the assignment and use of a vehicle for a period not to exceed five days, when deemed necessary and appropriate for the conduct of the official business of the State, provided that the request is in writing and provides such information as the State Treasurer shall require.

f. A State vehicle assigned and used pursuant to subsection c. of this section shall be returned to and stored at a work or other official location designated by the department or agency each day.

3. a. The State Treasurer shall provide for the maintenance of a usage log for each State vehicle. The vehicle log shall provide for the recording of: the reason for each trip; beginning and ending time and mileage for each trip; beginning and ending time and mileage for each stop within the course of a trip; and comments denoting damage or other information as may be required by the State Treasurer. The State Treasurer shall develop a uniform vehicle log form. The officer or employee using a State vehicle shall be required to complete the vehicle log for each trip.

b. The head of a department or agency shall have reviewed each month the vehicle log of each State vehicle assigned to an officer or employee within the department or agency or assigned to the department or agency. The purpose of the review shall be to verify that assignment and use of the vehicle is necessary and appropriate and is in compliance with the law and the procedures, guidelines, or standards established by the State Treasurer. The results of the review shall be noted in the vehicle log. A separate form showing the result of the review shall be completed for each vehicle and submitted to the State Treasurer within three business days of the review. The State Treasurer may impose such requirements for a vehicle usage report as may be necessary and appropriate to ensure compliance with the law and the procedures, guidelines, and standards established by the State Treasurer.

4. a. Each State vehicle shall be plainly marked with the phrase "State of New Jersey, For Official Use,” which marking shall be at least one inch in height and conspicuously placed on each side of the vehicle.

b. Each State vehicle shall display a bumper sticker containing the vehicle abuse hotline telephone number, or such other information as the State Treasurer shall deem necessary, through which complaints regarding potential misuse of a State vehicle can be submitted.

c. The State Treasurer may approve exceptions to subsections a. and b. of this section for vehicles used strictly for investigative or other work for which anonymity is necessary and appropriate. The State Treasurer shall document each exception in writing stating the reason for the exception.

d. The State Treasurer shall establish and maintain a hotline telephone number and an Internet site to receive complaints regarding the misuse of State vehicles.

5. a. If an officer or employee who is assigned a State vehicle stores the vehicle at his place of residence when not conducting the official business of the State, the officer or employee shall be required to reimburse the State for daily commuting costs as measured from the residence to the principal work location. The officer or employee shall submit reimbursement monthly to the State Treasurer.

The State Treasurer shall determine the reimbursement rate taking into account such factors as the State Treasurer may deem necessary and appropriate to ensure a reasonable amount of reimbursement. The same reimbursement rate shall apply to all officers and employees who store a State vehicle at their place of residence.

b. Each State vehicle shall be inspected by the officer or employee using that vehicle for damage or operational problems before commencing and immediately after completing a trip. The operator shall record in the log for that vehicle any damage or operational problem, and report that damage or problem in writing on a separate form to a designated State officer or employee, within 24 hours from when the damage or problem occurs or is noticed. The State Treasurer may require the inspections of other equipment or components as the State Treasurer shall deem necessary and appropriate.

c. The use of a State vehicle by an officer or employee for a purpose other than for the conduct of the official business of the State shall be prohibited, except 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 recorded in the vehicle log and reported in writing on a separate form to a designated State officer or employee within 24 hours of the use.

d. A State officer or employee shall be personally responsible for any fine or penalty incurred as a result of a violation of the traffic laws of this State or another state committed by the officer or employee while using the State vehicle.

e. The State Treasurer may require the reporting of matters or incidents other than those specified in this section as the State Treasurer shall deem necessary and appropriate.

6. a. A State officer or employee who fails to comply with the provisions of this act, P.L. , c. (C. )(pending before the Legislature as this bill), or with the procedures, guidelines, or standards established by the State Treasurer shall be subject to appropriate disciplinary actions and penalties, including but not limited to suspension or termination of employment, as may be appropriate with regard to that officer or employee.

b. For a violation of subsections a. and b. of section 4 of this act, a State officer or employee shall be guilty of a petty disorderly person offense, in addition to any disciplinary action or penalty that the State may take or impose with regard to that officer or employee.

c. For a violation of the prohibition on personal use, subsection c. of section 5 of this act, a State officer or employee shall be fined not less than $1,000 for any violation, in addition to any disciplinary action or penalty that the State may take or impose with regard to that officer or employee.

The fine may be collected and enforced by summary proceedings pursuant to the provisions of the “Penalty Enforcement Law of 1999, c.274 (C.2A:58-10 et seq.).

7. The State Treasurer shall ensure that the assignment and use of vehicles that are owned or leased by the State as of the effective date of this act, P.L. , c. (C. )(pending before the Legislature as this bill), are in compliance with the provisions of this act no later than 90 days after that effective date.

8. The following sections are repealed:

R.S.52:31-13

R.S.52:31-14

R.S.52:31-15

9. This act shall take effect immediately.

STATEMENT

This bill provides standards for the assignment and use of State vehicles by codifying certain practices currently utilized by the State Department of Treasury and modifying other practices to bring the assignment and use of State vehicles by public officers or employees into line with private sector cost-conscious practices and efficiencies. Increased oversight in the assignment and use of State vehicles will ensure that the State fleet is an appropriate size to meet the needs of the State in serving the public. This is expected to reduce taxpayer dollars in an area that represents a significant public expense. Finally, the bill provides for the imposition of penalties, including disciplinary action, for a violation of its provisions.

The bill provides that the Department of the Treasury shall manage, control, and supervise the assignment and use of each State vehicle, as defined in the bill. Generally, State vehicles must be the base model available for purchase or lease, unless the State Treasurer grants written approval for another model. The State Treasurer will establish procedures, guidelines, or standards for the replacement of State vehicles.

State vehicles may be assigned to and used by the Governor, Lieutenant Governor, or the Attorney General without regard to the provisions of the bill. Any other individual assignment requires a written request from the department head to the State Treasurer for his denial or approval.

The written request must include the name of the officer or employee; a description of the duties and responsibilities of the position, including whether emergency or urgent response is required outside 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 State Treasurer may approve a request for an individual assignment only if the officer or employee is required to respond to emergency or urgent situations outside normal work hours or if official use of the vehicle will average more than 1,250 miles per month 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.

One or more State vehicles may be assigned to a State department or agency on a pool basis only if the department head submits a written request to the State Treasurer for his review. The written request must include the positions of the officers or employees who may use the vehicle; a description of the duties and responsibilities of those positions; an analysis substantiating the need for a vehicle, including an analysis of cost; the existence of other substantially similar positions for which a State vehicle was assigned to a department or agency and used by its officers or employees; the period of time for which the vehicle will be needed; and any other information the State Treasurer may require. A State vehicle may be assigned to a department or agency for use by its officers and employees only if the vehicle will be used for at least an average of 1,000 miles per month, in the aggregate, for the conduct of the official business of the State.

Each written request will be reviewed by the State Treasurer and approval or denial made within 10 business days of receipt. The State Treasurer may not approve a request if the vehicle will be used by an officer or employee primarily for commuting between his residence and the work location.

The State Treasurer may approve a written request for the assignment and use of a vehicle for a period not to exceed five days, when deemed necessary for the conduct of the official business of the State.

A State vehicle assigned and used on a pool basis must be returned to and stored at a work or other official location designated by the department or agency each day.

The State Treasurer will develop a uniform vehicle log which must be completed for each trip. The vehicle log must provide for the recording of: the reason for each trip; beginning and ending time and mileage for each trip; beginning and ending time and mileage for each stop within the course of a trip; and comments denoting damage or other information as may be required by the State Treasurer.

Each month, the department head must review the vehicle log of each assigned State vehicle to verify that assignment and use of the vehicle is necessary and appropriate and is in compliance with the law and the procedures, guidelines, or standards established by the State Treasurer. The results of the review must be noted in the vehicle log. A separate form showing the result of the review must be completed for each vehicle and submitted to the State Treasurer within three business days of the review. The State Treasurer may impose such requirements for a vehicle usage report as may be necessary and appropriate to ensure compliance.

Each State vehicle is required to be plainly marked with the phrase "State of New Jersey, For Official Use,” as prescribed by the bill. Each vehicle must display a bumper sticker containing the vehicle abuse hotline telephone number, or other information as the State Treasurer deems necessary, through which complaints regarding potential misuse of a vehicle can be submitted.

The State Treasurer may approve exceptions to the “State of New Jersey, For Official Use” and State vehicle abuse hotline marking requirements for vehicles used strictly for investigative or other work for which anonymity is necessary and appropriate, but must document each exception in writing stating the reason for the exception. In addition, the State Treasurer must establish and maintain a hotline telephone number and an Internet site to receive complaints regarding the misuse of State vehicles.

If an officer or employee who is assigned a State vehicle stores the vehicle at his place of residence when not conducting the official business of the State, the officer or employee will be required to reimburse the State for daily commuting costs as measured from the residence to the principal work location. The officer or employee must submit reimbursement monthly to the State Treasurer. The State Treasurer will determine the reimbursement rate.

Each State vehicle must be inspected by the officer or employee using that vehicle for damage or operational problems before commencing and immediately after completing a trip. The operator will be required to record in the vehicle log any damage or operational problem, and report same in writing on a separate form to a designated State officer or employee, within 24 hours from when the damage or problem occurs or is noticed. The State Treasurer may require the inspections of other equipment or components as the State Treasurer deems necessary and appropriate.

The bill provides that the use of a State vehicle other than for the conduct of the official business of the State is prohibited, except during periods for authorized meals or breaks during normal or overtime work hours. The use during these periods must be recorded in the vehicle log. A State vehicle may be used for a personal medical emergency, provided that the use is recorded in the vehicle log and reported in writing within 24 hours of the use.

A State officer or employee will be personally responsible for any fine or penalty incurred as a result of a violation of the traffic laws of this State or another state. The State Treasurer may require the reporting of matters or incidents other than those specified in the bill as the State Treasurer deems necessary and appropriate.

Failure to comply with the provisions of the bill will subject a State officer or employee to appropriate disciplinary actions and penalties, including but not limited to suspension or termination of employment, as may be appropriate with regard to that officer or employee.

For a violation of subsections a. and b. of section 4 of this bill, which are the required markings provisions, a State officer or employee will be guilty of a petty disorderly person offense, in addition to any disciplinary action or penalty that the State may take or impose with regard to that officer or employee.

Subsection c. of section 5. prohibits personal use of a State vehicle, with certain exceptions. For a violation of this subsection, a State officer or employee shall be fined not less than $1,000 for any violation, in addition to any disciplinary action or penalty that the State may take or impose with regard to that officer or employee. The fine may be collected and enforced by summary proceedings pursuant to the provisions of the “Penalty Enforcement Law of 1999, c.274 (C.2A:58-10 et seq.).

No later than 90 days after the effective date of the bill, the State Treasurer must ensure that the assignment and use of vehicles that are owned or leased by the State as of the effective date of the bill are in compliance with the provisions of the bill.

The bill also repeals N.J.S.A.52:31-13 through N.J.S.A.52:31-15, which are the current provisions pertaining to required State vehicle markings and allowable exceptions thereto.