§ 39:362 — Policies for fleet vehicles; purchase of vehicles; specifications; exceptions

Louisiana § 39:362

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§362. Policies for fleet vehicles; purchase of vehicles; specifications; exceptions
A. The commissioner of administration, by rule and regulation, shall prescribe the
conditions and limitations governing the acquisition, either by lease or purchase,
maintenance, and disposal of fleet vehicles, the use of the vehicles by state officers and
employees in the discharge of the duties of their respective offices and positions in the state
service, and the conditions under which allowances will be granted for travel expenses.
B. Every rule and regulation prescribed for fleet vehicles shall be consistent with the
purpose and promote the achievement of the objectives of the fleet management program as
specified in R.S. 39:361. These rules and regulations shall include but not be limited to the
following:
(1) An annual computation of break-even mileage to monitor and evaluate whether
there is an appropriate number of vehicles in the vehicle fleet. The Division of
Administration shall establish necessary rules and regulations for reduction of the number
of fleet vehicles determined to be underutilized based on the established break-even mileage.
"Break-even mileage" means either one of the following:
(a) The annual number of miles driven by a state employee in a personally owned
vehicle for which the employee is reimbursed above which it would be more economical for
the state to assign a fleet vehicle to the employee.
(b) The annual mileage accumulated on a fleet vehicle below which it would be more
economical for the state to reimburse the employee for driving a personally owned vehicle.
(2)(a) Home storage of fleet vehicles shall be permitted only in individual situations
in which the cost savings to the state is substantiated, or in which the health and welfare of
the general public are essentially affected, or in which the commissioner of administration
deems it to be in the best interest of the state. Home storage of fleet vehicles is prohibited
unless required or permitted and approved by the commissioner of administration. Criteria
which merit home storage of vehicles include:
(i) Law enforcement officers with the power of arrest who use this power in the
regular performance of daily job duties and whose home storage of a fleet vehicle is deemed
by their agency head to be in the best interest of public safety and law enforcement.
(ii) Employees for whom the provision of transportation to and from the workplace
is a condition of employment as approved at the time of employment by the commissioner
of administration.
(iii) Employees whose job duties require the use of special use vehicles or vehicles
with special equipment, installed outside of normal working hours and for whom home
storage of such vehicles can be documented as either cost effective to the state or necessary
to protect the safety or health of the public.
(iv) Statewide elected officials, governor's executive counsel, the commissioner of
administration, secretaries of executive departments, presidents or chancellors of state
universities or colleges, and their equivalent in the judicial and legislative branches of
government.
(v) Additional exceptions as may be decided by the commissioner of administration
and the Joint Legislative Committee on the Budget. Individual requests for such exceptions
must be submitted in writing to the state fleet manager along with documentation which
demonstrates that home storage is in the best interest of the state.
(b) Approval for home storage of any vehicle shall expire on June thirtieth of the
fiscal year and must be reapplied for in the same manner as the original application in order
to be in effect for the subsequent fiscal year.
(3)(a) Personal assignment of a fleet vehicle shall be permitted only in individual
situations in which cost savings to the state are substantiated or the health and welfare of the
general public are essentially affected or in which the commissioner of administration deems
it to be in the best interest of the state. Personal assignment of fleet vehicles is not permitted
without specific approval from the commissioner of administration. Criteria which merit
request for personal assignment include:
(i) A state employee whose employment requires, in performance of assigned duties,
that the employee drive in excess of the break-even mileage as established by the
commissioner of administration.
(ii) A state employee in a position of law enforcement who has the power to arrest
and uses this power in the regular performance of his duties.
(iii) A state employee whose employment requires, in performance of assigned
duties, regular and unscheduled use of a special use vehicle or a vehicle with special
equipment installed, including but not limited to, hazardous waste spill investigation
equipment, bar lights for use in emergency situations, or equipment for drivers with
disabilities.
(iv) Statewide elected officials, governor's executive counsel, the commissioner of
administration, secretaries of executive departments, presidents and chancellors of state
universities or colleges, and their equivalent in the judicial and legislative branches of
government, and vehicles purchased and assigned to the offices of statewide elected officials.
(v) Additional exceptions as may be granted by the commissioner of administration
and the Joint Legislative Committee on the Budget. Individual requests for such exceptions
must be submitted in writing to the state fleet manager along with accompanying
documentation which shows a history of need for the use of a state vehicle.
(b) Approval for personal assignment of any vehicle shall expire on June thirtieth of
the fiscal year and must be reapplied for in the same manner as the original application in
order to be in effect for the subsequent fiscal year.
(4) A set of specifications appropriate for the intended use of fleet vehicles shall be
prepared by the division of administration for the purchase or lease of vehicles. In preparing
vehicle specifications, consideration shall be given to current vehicle manufacturer size;
standard equipment items designed to promote safety, handling, and roadability of the
vehicle; reasonable levels of comfort; and a minimum cost over the life of the vehicle.
Vehicle specifications shall be developed and used by the division of administration to bid
for the purchase or lease of fleet vehicles in accordance with rules and regulations in effect
at the time the bid document is prepared. Equipment items not included in the specifications
shall not be added by any agency to a fleet vehicle after the purchase or lease of the vehicle
except for the following:
(a) Any vehicle intended to be operated by an individual with a disability for whom
the vehicle is purchased or leased.
(b) Any vehicles used by law enforcement agencies requiring special equipment not
provided as a standard equipment item by the vehicle manufacturer.
(c) Any vehicle whose use in the fulfillment of agency responsibility to the public
can be substantiated to mandate the additional equipment.
(5) The commissioner of administration shall compile, make available to the
legislature on a quarterly basis, and submit to the Joint Legislative Committee on the Budget
annually, by January thirty-first, a report on the operation of the fleet management program
as of the end of the preceding fiscal year. This annual report shall include the following:
(a) The number of fleet vehicles owned and leased by each executive branch agency.
(b) The number of state employees receiving mileage reimbursement in excess of
break-even mileage for each executive branch agency.
(c) The total miles driven in fleet vehicles and the total employee reimbursed miles
during the year for each executive branch agency.
(d) The total cost of operating and maintaining the vehicle fleet for each executive
branch agency.
(e) The number of employees with personally assigned vehicles for each agency,
listed by vehicle license plate number and employee job classification.
C. Any vehicle purchased or leased by the Division of Administration under the
provisions of this Part shall be a motor vehicle produced in the United States.
D. The Division of Administration may promulgate additional rules, regulations, and
restrictions as may be necessary to govern the purchase or management of fleet vehicles.
E. The Division of Administration may provide for maintenance and repair services
for all state vehicles covered by this Part. Such maintenance and repair services shall be
procured by the commissioner of administration by issuing a request for proposal for such
service to conform with the requirements as set forth in R.S. 39:1481 et seq. for the
procurement of consulting services.
F. The commissioner of administration shall not promulgate rules or regulations
which require the Louisiana School for the Deaf, the Louisiana School for the Visually
Impaired, the Special School District, and any community and group home and residential
facilities administered by the Department of Children and Family Services or the Louisiana
Department of Health to have an inscription, painting, stencil, or decal placed conspicuously
on an automobile, truck, or other vehicle with the name of the board, commission,
department, agency, or subdivision of the state to which the automobile, truck, or other
vehicle belongs, if the vehicle is used to transport students or clients.

Legislative History

Added by Acts 1976, No. 142, §1; Acts 1986, No. 532, §1; Acts 1993, No. 863, §2; Acts 2014, No. 811, §21, eff. June 23, 2014; Acts 2019, No. 411, §4, eff. June 20, 2019.