Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
42.0171(2),
44.045
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
44.045(6) authorizes the
Secretary of the Finance and Administration Cabinet to promulgate
administrative regulations governing the use of state-owned vehicles. This
administrative regulation establishes procedures governing the purchase,
licensure, use, lease, maintenance, and disposal of state-owned
vehicles.
Section 1. Definitions.
(1) "Agency-specific motor pool" means the
fleet of passenger carrying motor vehicles owned, operated, and maintained by a
state agency other than the Finance and Administration Cabinet.
(2) "Cabinet" means the Finance and
Administration Cabinet.
(3)
"Division" means the Finance and Administration Cabinet, Division of Fleet
Management.
(4) "Exempt vehicle"
means a motor vehicle that is not part of the statewide motor pool.
(5) "Motor vehicle" is defined in
KRS
281.011(2).
(6) "Nonexempt vehicle" means a motor vehicle
under the control of the statewide motor pool.
(7) "Passenger carrying vehicle" means a
motor vehicle whose primary purpose is to transport people.
(8) "Secretary" means the Secretary of the
Finance and Administration Cabinet.
(9) "Statewide motor pool" means the fleet of
passenger carrying motor vehicles operated, controlled, and maintained by the
Finance and Administration Cabinet, Division of Fleet Management.
Section 2. General.
(1) This administrative regulation shall
apply to:
(a) An executive branch state agency
in regard to the purchase, licensure, use, lease, maintenance, and disposal of
a motor vehicle; and
(b) A
legislative or judicial branch state agency in regard to the use, lease, and
maintenance of a nonexempt motor vehicle.
(2) The cabinet shall establish a statewide
motor pool of vehicles for the purpose of providing safe, reasonably priced,
necessary, and essential vehicular transportation for a cabinet, agency, or
entity of state government. This fleet shall be made available for lease by a
state agency.
(3)
(a) The secretary may, upon written
justification from an agency head, authorize the establishment of an
agency-specific motor pool.
(b) An
agency-specific motor pool shall provide a similar service level at costs less
than or equal to the costs the cabinet could provide a comparable
service.
(c) An agency with
authority delegated pursuant to this subsection shall submit cost effectiveness
and inventory reports to the cabinet on an annual basis or as requested by the
cabinet to demonstrate the agency-specific motor pool meets the requirements of
this subsection.
(d) The
establishment of an agency-specific motor pool shall not exempt the agency from
the provisions of this administrative regulation.
(4) Except as provided in Section 3(2) of
this administrative regulation, a state-supported university and the Kentucky
State Police shall be exempt from the provisions of this administrative
regulation.
(5) A nonpassenger
carrying motor vehicle with a weight rating greater than three-fourths (3/4)
ton shall be exempt from the statewide motor pool.
Section 3. Vehicle Identification.
(1) The cabinet shall have inventory
responsibility for all state-owned motor vehicles.
(2) A state agency controlling an exempt
vehicle shall submit an annual inventory report to the cabinet.
(3) A copy of each vehicle purchase order
authorized by the secretary pursuant to
KRS
44.045(2) shall be submitted
to the cabinet. The submittal shall include the agency responsible for
reporting inventory information to the cabinet.
(4) At the time of its purchase, a nonexempt
motor vehicle shall be delivered to the division in Frankfort, where licensing,
identification, and other required markings shall be performed. The agency
controlling an exempt vehicle shall pay the division the actual costs incurred
for the licensing, identification, and other required markings for the
vehicles.
Section 4.
Purchase of Motor Vehicles.
(1) A price
contract for the purchase of a motor vehicle shall be established by the
cabinet's Office of Procurement Services.
(2)
(a) The
cabinet shall approve the purchase of a motor vehicle, except one (1) exempted
by the provisions of Section 2(4) of this administrative regulation and an
exempt vehicle deemed necessary by the secretary pursuant to
KRS
44.045(2). A state agency
desiring to purchase a motor vehicle shall submit a written request to the
cabinet.
(b) The request shall
include the following:
1. Name of the
requesting agency;
2. Description
of the requested vehicle, including type of fuel used in the vehicle;
3. Intended use of the vehicle;
4. Number of vehicles requested;
5. Estimated annual vehicle
mileage;
6. Whether the vehicle is
a replacement or a program expansion;
7. Source of funds for the
purchase;
8. If funding for the
vehicle was approved in the budget;
9. If the vehicle will be assigned to a motor
pool, and if not, an explanation of its planned uses; and
10. The name, address, telephone number, and
signature of the person in the agency authorized to request the
purchase.
(3)
The cabinet shall consider for replacement a nonexempt motor vehicle that:
(a) Is seven (7) years old;
(b) Has been driven 140,000 miles;
(c) Is inoperable;
(d) Is unsafe; or
(e) Is in need of extensive repair that would
not be economically feasible.
Section 5. Use of Motor Vehicles.
(1)
(a) A
state employee shall comply with
200 KAR
40:010 when using a vehicle from the motor
pool.
(b) It shall be the
responsibility of each agency head to ascertain that state-owned motor vehicles
are used only for official purposes in accordance with
KRS
44.045(2) and the agency
head shall ensure that the use of these vehicles is not abused.
(2)
(a) The request for permanent assignment
shall set forth the reasons why the assignment is necessary and in the best
interests of the Commonwealth.
(b)
If the vehicle is to be parked at a private residence, the request shall
include significant justification for this action.
(3) Before a motor vehicle may be used by a
state agency, it shall be marked in accordance with the provisions of
KRS
44.045.
Section 6. Licensure of Motor Vehicles.
(1)
(a) A
request to license a state-owned motor vehicle with a nonofficial license
plate, pursuant to
KRS
44.045(4) and
186.020,
shall set forth the investigatory purposes for which the vehicle shall be
used.
(b) It shall be the
responsibility of the agency head to ascertain that the vehicle is used only
for investigatory purposes and the agency head shall ensure that the use of the
vehicle is not abused.
(2) An official license plate attached to a
motor vehicle which is being replaced shall be turned in to the
cabinet.
(3) The cabinet shall be
responsible for the licensing and titling of all nonexempt vehicles.
Section 7. Lease of Motor Vehicles
from Statewide Motor Pool.
(1) The fleet of
vehicles in the statewide motor pool shall be available for use by a state
agency for official business of the Commonwealth. These vehicles shall be made
available for a lease to a state agency.
(2)
(a) A
request to use a motor vehicle available in the statewide motor pool shall be
submitted to the cabinet on the forms and in the manner prescribed in
200 KAR
40:010.
(b) Billing shall be performed by the cabinet
and necessary documentation shall be provided to a user agency.
(c) The operation of the statewide motor pool
shall be governed by
200 KAR
40:010.
(3) Except for vehicles for lease under a
master agreement procured by the cabinet, an agency shall not lease a motor
vehicle from a private individual or business without prior written approval of
the secretary.
Section
8. Maintenance of Motor Vehicles.
(1) It shall be the responsibility of the
agency to which a motor vehicle from the statewide motor pool has been
permanently assigned to maintain it properly and in accordance with the
manufacturer's instructions.
(2)
(a) Nonexempt motor vehicle repair and
maintenance shall be the responsibility of the cabinet.
(b) The cabinet shall repair and maintain
vehicles in the most economical means possible.
(3) A record of maintenance history and costs
for an exempt motor vehicle shall be kept by the agency and submitted to the
cabinet on an annual basis or as requested by the cabinet to demonstrate the
agency-specific motor pool meets the requirements of this section.
Section 9. Disposal of Motor
Vehicles.
(1) An agency may advise the
cabinet of its desire to dispose of a motor vehicle if the motor vehicle:
(a) Is at least seven (7) years
old;
(b) Has been driven at least
140,000 miles; or
(c) Is
inoperable, unsafe, or in need of substantial repair.
(2) All proceeds from the sale of a nonexempt
surplus motor vehicle shall be deposited into the cabinet motor pool agency
fund unless precluded by:
(a) Federal law;
or
(b) State law.
(3)
(a) The disposal of an exempt motor vehicle
shall be the responsibility of the individual agency.
(b) For inventory control purposes, the
agency shall immediately notify the cabinet of the disposal of an exempt
vehicle.
STATUTORY AUTHORITY:
KRS
44.045(6)