§ 143-341. Powers and duties of Department. - North Carolina Statutes

§ 143‑341.  Powers andduties of Department.

The Department ofAdministration has the following powers and duties:

(1)        Repealed by SessionLaws 1979, 2nd Session, c. 1137, s. 38.

(2)        Purchase andContract:

a.         To exercise thosepowers and perform those duties which were, at the time of the ratification ofthis Article, conferred by statute upon the former Division of Purchase andContract.

(3)        Architecture andEngineering:

a.         To examine andapprove all plans and specifications for the construction or renovation of:

1.         All State buildingsor buildings located on State lands, except those buildings over which a localbuilding code inspection department has and exercises jurisdiction; and

2.         All communitycollege buildings requiring the estimated expenditure for construction orrepair work for which public bidding is required under G.S. 143‑129 priorto the awarding of a contract for such work; and to examine and approve allchanges in those plans and specifications made after the contract for such workhas been awarded.

a1.       To organize andschedule, within three weeks of designer selection and before the designcontract is let, a meeting of the stakeholders for each State capitalimprovement project to discuss plan review requirements and to define the termsof the memorandum of understanding developed by the State Building Commissionpursuant to G.S. 143‑135.26(2). The stakeholders shall include the fundedagency, each State agency having plan review responsibilities for the project,and the selected designer. Notwithstanding the foregoing, the meeting need notbe scheduled if the funded agency so requests.

b.         To assist, asnecessary, all agencies in the preparation of requests for appropriations forthe construction or renovation of all State buildings.

b1.       To certify that astatement of needs pursuant to G.S. 143C‑3‑3 is feasible. Forpurposes of this sub‑subdivision, "feasible" means that theproposed project is sufficiently defined in overall scope; building program;site development; detailed design, construction, and equipment budgets; andcomprehensive project scheduling so as to reasonably ensure that it may becompleted with the amount of funds requested. At the discretion of the GeneralAssembly, advanced planning funds may be appropriated in support of thiscertification. This sub‑subdivision shall not apply to requests forappropriations of less than one hundred thousand dollars ($100,000).

c.         To supervise theletting of all contracts for the design, construction or renovation of allState buildings and all community college buildings whose plans andspecifications must be examined and approved under a.2. of this subdivision.

d.         To supervise andinspect all work done and materials used in the construction or renovation ofall State buildings and all community college buildings whose plans andspecifications must be examined and approved under a.2. of this subdivision; toact as the appropriate official inspector or inspection department for purposesof G.S. 143‑143.2; and no such work may be accepted by the State or byany State agency until it has been approved by the Department.

e.         To require all Stateagencies to use existing plans and specificiations for construction projects,where feasible. Prior to designing a project, State agencies shall consult withthe Department of Administration on the availability of appropriate existingplans and specifications and the feasibility of using them for a project.

Exceptfor sub‑subdivisions b., b1., and e. of this subdivision, thissubdivision does not apply to the design, construction, or renovation ofprojects by The University of North Carolina pursuant to G.S. 116‑31.11.

(4)        Real PropertyControl:

a.         To prepare and keepcurrent a complete and accurate inventory of all land owned or leased by theState or by any State agency. This inventory shall show the location, acreage,description, source of title and current use of all land (including swamplandsor marshlands) owned by the State or by any State agency, and the agency towhich each tract is currently allocated. Surveys may be made where necessary toobtain information for the purposes of this inventory. Accurate plats or mapsof all such land may be prepared, or copies obtained where such maps or platsare available.

b.         To prepare and keepcurrent a complete and accurate inventory of all buildings owned or leased (inwhole or in part) by the State or by any State agency. This inventory shallshow the location, amount of floor space and floor plans of every buildingowned or leased by the State or by any State agency, and the agency to whicheach building, or space therein, is currently allocated. Floor plans of everysuch building shall be prepared or copies obtained where such floor plans areavailable, where needed for use in the allocation of space therein.

c.         To obtain anddeposit with the Secretary of State the originals of all deeds and otherconveyances of real property to the State or to any State agency, copies of allleases wherein the State or any State agency is lessor or lessee, and certifiedcopies of wills, judgments, and other instruments whereby the State or anyState agency has acquired title to real property. Where an original of a deed,lease, or other instrument cannot be found, but has been recorded in theregistry of office of the clerk of superior court of any county, a certifiedcopy of such deed, conveyance, or instrument shall be obtained and depositedwith the Secretary of State.

d.         To acquire, whetherby purchase, exercise of the power of eminent domain, lease, or rental, allland, buildings, and space in buildings for all State agencies, subject to theapproval of the Governor and Council of State in each instance. The Governor,acting with the approval of the Council of State, may adopt rules (i) exemptingfrom any or all of the requirements of this paragraph such classes of lease,rental, easement, and right‑of‑way transactions as he deemsadvisable; and (ii) authorizing any State agency to enter into and/or approvethe classes of transactions thus exempted from the requirements of thisparagraph; and (iii) delegating to any other State agency the authority toapprove the severance of buildings and standing timber from State lands; uponsuch approval of severance, the buildings and timber so affected shall betreated, for the purposes of this Chapter, as personal property. Any contractentered into or any proceeding instituted contrary to the provisions of thisparagraph is voidable in the discretion of the Governor and Council of State.

d1.       To require all Statedepartments, institutions, and agencies to use State‑owned office spaceinstead of negotiating or renegotiating leases for rental of office space. Anylease entered into contrary to the provisions of this paragraph is voidable inthe discretion of the Governor and the Council of State.

TheDepartment of Administration shall report to the Joint Legislative Commissionon Governmental Operations and to the Fiscal Research Division no later thanMay 1 of each year on leased office space.

d2.       To purchase orfinance the purchase of buildings, utilities, structures, or other facilitiesor property developments, including streets and landscaping, the acquisition ofland, equipment, machinery, and furnishings in connection therewith; additions,extensions, enlargements, renovations, and improvements to existing buildings,utilities, structures, or other facilities or property developments, includingstreets and landscaping; land or any interest in land; other infrastructure;furniture, fixtures, equipment, vehicles, machinery, and similar items; or anycombination of the foregoing, through installment‑purchase, lease‑purchase,or other similar type installment financing agreements in the manner and to theextent provided in Article 9 of Chapter 142 of the General Statutes. Anycontract entered into or any proceeding instituted contrary to the provisionsof this paragraph is voidable in the discretion of the Council of State.

e.         To make all sales ofreal property (including marshlands or swamplands) owned by the State or by anyState agency, with the approval of the Governor and Council of State in eachinstance. All conveyances in fee by the State shall be executed in accordancewith the provisions of G.S. 146‑74 through 146‑78. Any conveyanceof land made or contract to convey land entered into without the approval ofthe Governor and Council of State is voidable in the discretion of the Governorand Council of State. The proceeds of all sales of swamplands or marshlandsshall be dealt with in the manner required by the Constitution and statutes.

f.          With the approvalof the Governor and Council of State, to make all leases and rentals of land orbuildings owned by the State or by any State agency, and to sublease land orbuildings leased by the State or by any State agency from another owner, wheresuch land or building owned or leased by the State or by any State agency isnot needed for current use. The Governor, acting with the approval of theCouncil of State, may adopt rules (i) exempting from any or all of therequirements of this paragraph such classes of lease or rental transactions ashe deems advisable; and (ii) authorizing any State agency to enter into and/orapprove the classes of transactions thus exempted from the requirements of thisparagraph; and (iii) delegating to any other State agency the authority toapprove the severance of buildings and standing timber from State lands; uponsuch approval of severance, the buildings and timber so affected shall betreated, for the purposes of this Chapter, as personal property. Any lease or rentalagreement entered into contrary to the provisions of this paragraph is voidablein the discretion of the Governor and Council of State.

g.         To allocate andreallocate land, buildings, and space in buildings to the several Stateagencies, in accordance with rules adopted by the Governor with the approval ofthe Council of State; provided that if the proposed reallocation is of landwith an appraised value of at least twenty‑five thousand dollars($25,000), the reallocation may only be made after consultation with the  JointLegislative Commission on Governmental Operations. The authority granted inthis paragraph shall not apply to the State Legislative Building and grounds orto the Legislative Office Building and grounds.

h.         To require any Stateagency to make reports regarding the land and buildings owned by it orallocated to it at such times and in such form as the Department may deemnecessary.

i.          To determinewhether all deeds, judgments, and other instruments whereby title to realestate has been or may be acquired by the State or by any State agency havebeen properly recorded in the county wherein the real property is situated, andto make or cause to be made proper recordation of such instruments. TheDepartment may have previously recorded instruments which conveyed title to orfrom the State or any State agency or officer reindexed, where necessary, toshow the State of North Carolina or grantor or grantee, as the case may be, andthe cost of such reindexing shall be paid from the State Land Fund.

j.          To call upon theAttorney General for advice and assistance in the performance of any of theforegoing duties.

k.         None of theprovisions of this subdivision apply to highway or railroad rights‑of‑wayor other interests or estates in land held for the same or similar purposes, orto the acquisition or disposition of such rights‑of‑way, interests,or estates in land.

l.          To manage andcontrol the vacant and unappropriated lands, swamplands, lands acquired by theState by virtue of being sold for taxes, and submerged lands of the State,pursuant to Chapter 146 of the General Statutes.

m.        To contract for orapprove all contracts for all appraisals and surveys of real property for allState agencies; provided, however, this provision shall not apply to appraisalsand surveys obtained in connection with the acquisition of highway rights‑of‑way,borrow pits, or other interests or estates in land acquired for the same orsimilar purposes, or to the disposition thereof, by the Board ofTransportation.

n.         To petition for theannexation of state‑owned lands into any municipality.

o.         To provide that nofee, other than reimbursement of actual costs incurred and actual revenues lostby the State, shall be charged when State buildings are made available to aproduction company for a production. As used in this subdivision, the term"production company" has the meaning provided in G.S. 105‑164.3.

(5)        AdministrativeAnalysis:

a.         To study theorganization, methods, and procedures of all State agencies, to formulate plansfor improvements in the organization, methods, and procedures of any agencystudied, and to advise and assist any agency studied in effecting improvementsin its organization, methods, and procedures.

b.         To report to theGovernor its findings and recommendations concerning improvements in theorganization, methods, and procedures of any State agency, when suchimprovements cannot be effected by the cooperative efforts of the Departmentand the agency concerned.

c.         To submit to theGovernor for transmittal to the General Assembly recommended legislation wheresuch legislation is necessary to effect improvements in the organization,methods, and procedures of any State agency.

(6)        State and RegionalPlanning:

a.         To assist theDirector of the Budget in reviewing the capital improvements needs and requestsof all State agencies, and in preparing a coordinated biennial capitalimprovements budget and longer range capital improvements programs.

b.         In cooperation withState agencies and other public and private agencies, to collect, analyze, andkeep up‑to‑date a comprehensive collection of economic and socialdata pertinent to State planning, which shall be available to State and localgovernmental agencies and private agencies.

c.         To coordinate andreview all planning activity relative to federal government requirements forgeneral statewide or regional comprehensive program planning.

d.         To make economicanalyses, studies, and projections and to advise the Governor on courses ofaction desirable for the maintenance of a sound economy.

e.         To encourage andassist in the development of the planning process within State and localgovernmental agencies.

f.          To assist Stateagencies by providing them with basic information and technical assistanceneeded in preparing their short‑range and long‑range programs.

g.         To develop andmaintain liaison and cooperative arrangements with federal, interstate, State,and private agencies and organizations in the interest of obtaining informationand assistance with respect to State and regional planning.

h.         To develop andmaintain a comprehensive plan for the development of the State, representingthe coordinated efforts and contributions of all participating planning groups.

i.          In cooperation withthe counties, the cities and towns, the federal government, multi‑statecommissions and private agencies and organizations, to develop a system ofmulti‑county, regional planning districts to cover the entire State, andto assist in preparing for those districts comprehensive development plans coordinatedwith the comprehensive development plan for the State.

(7)        DevelopmentPrograms:

a.         To participate indevelopment programs, to enter into contracts, formulate plans and to do allthings necessary to implement development programs in any area of the State.

b.         To accept, receiveand disburse, in furtherance of its functions, any funds, grants and servicesmade available by the federal government and its agencies, any county,municipality, private or civic sources.

(8)        General Services:

a.         To locate, maintainand care for public buildings and grounds; to establish, locate, maintain, andcare for walks, driveways, trees, shrubs, flowers, fountains, monuments,memorials, markers, and tablets on public grounds; and to beautify the publicgrounds.

b.         To provide necessaryand adequate cleaning and janitorial service, elevator operation service, andother operation or maintenance services for the public buildings and grounds.

c.         To provide necessarynight watchmen for the public buildings and grounds.

d.         To make promptrepair of all public buildings and the equipment, furniture, and fixturesthereof; and to establish and operate shops for that purpose.

e.         To keep in repair,out of funds appropriated for that purpose, the furniture of the halls of theSenate and House of Representatives and the rooms of the Capitol used by theofficers, clerks, and other employees of the General Assembly.

f.          Struck out bySession Laws 1959, c. 68, s. 3.

g.         To establish andoperate a mail service center that shall be used by all State agencies otherthan the Employment Security Commission, and in connection therewith and in thediscretion of the Secretary, to do all things necessary in connection with themaintenance of the mail service center. The Secretary shall allocate and chargeagainst the respective departments and agencies their proportionate parts ofthe cost of the maintenance of the mail service center. The Secretary shalldevelop a plan for the efficient operation of the center that meets the needsof State agencies, ensures timely delivery of mail, and ensures no loss offederal funds.

h.         To provide necessaryand adequate messenger service for the State agencies served by the Department.However, this may not be construed as preventing the employment and control ofmessengers by any State agency when those messengers are compensated out of thefunds of the employing agency.

i.          (Effective untilJuly 1, 2010) To establish and operate a central motor pool and suchsubsidiary related facilities as the Secretary may deem necessary, and to thatend:

1.         To establish andoperate central facilities for the maintenance, repair, and storage of state‑ownedpassenger motor vehicles for the use of State agencies; to utilize anyavailable State facilities for that purpose; and to establish such subsidiaryfacilities as the Secretary may deem necessary.

2.         To acquire passengermotor vehicles by transfer from other State agencies and by purchase. All motorvehicles transferred to or purchased by the Department shall become part of acentral motor pool. Every new motor vehicle transferred to or purchased by theDepartment that is designed to operate on diesel fuel shall be covered by anexpress manufacturer's warranty that allows the use of B‑20 fuel, asdefined in G.S. 143‑58.4. This sub‑sub‑subdivision does notapply if the intended use, as determined by the Department, of the new motorvehicle requires a type of vehicle for which an express manufacturer's warrantyallows the use of B‑20 fuel is not available.

2a.       To participate in theenergy credit banking and selling program under G.S. 143‑58.4. TheDivision of Motor Fleet Management of the Department of Administration iseligible to receive proceeds from the Alternative Fuel Revolving Fund underG.S. 143‑58.5 to purchase alternative fuel, develop alternative fuelrefueling infrastructure, or purchase AFVs as defined in G.S. 143‑58.4.

3.         To require on aschedule determined by the Department all State agencies to transfer ownership,custody or control of any or all passenger motor vehicles within the ownership,custody or control of that agency to the Department, except those motorvehicles under the ownership, custody or control of the Highway Patrol or theState Bureau of Investigation which are used primarily for law‑enforcementpurposes, and except those motor vehicles under the ownership, custody orcontrol of the Department of Crime Control and Public Safety for Butner PublicSafety which are used primarily for law‑enforcement, fire, or emergencypurposes.

4.         To maintain, store,repair, dispose of, and replace state‑owned motor vehicles under thecontrol of the Department, using best management practices. The Departmentshall ensure that state‑owned vehicles are replaced when most costeffective using a replacement formula developed by the Department and reviewedperiodically for appropriateness of use. The Department shall reportsemiannually to the cochairs of the Joint Appropriations Subcommittee onGeneral Government, on or before October 15 and March 15, on the effect of anynew or revised replacement formula on the cost of operating the central motorpool, including the amount of any savings from use of any new or revisedreplacement formula.

5.         Upon properrequisition, proper showing of need for use on State business only, and propershowing of proof that all persons who will be driving the motor vehicle havevalid drivers' licenses, to assign economically suitable transportation, eitheron a temporary or permanent basis, to any State employee or agency. An agencyassigned a motor vehicle may not allow a person to operate that motor vehicleunless that person displays to the agency and allows the agency to copy thatperson's valid driver's license. Notwithstanding G.S. 20‑30(6), personsor agencies requesting assignment of motor vehicles may photostat or otherwisereproduce drivers' licenses for purposes of complying with this subpart.

Asused in this subpart, "economically suitable transportation" meansthe most cost‑effective standard vehicle in the State motor fleet, unlessspecial towing provisions are required by the agency. The Department may notassign any employee or agency a motor vehicle that is not economicallysuitable. The Department shall not approve requests for vehicle assignment orreassignment when the purpose of that assignment or reassignment is to provideany employee with a newer or lower mileage vehicle because of his or her rank,management authority, or length of service or because of any non‑job‑relatedreason. The Department shall not assign "special use" vehicles, suchas four‑wheel drive vehicles or law enforcement vehicles, to any agencyor individual except upon written justification, verified by historical data,and accepted by the Secretary. The Department may provide law enforcementvehicles only to those agencies which have statutory pursuit authority.

6.         To allocate andcharge against each State agency to which transportation is furnished, on abasis of mileage or of rental, its proportionate part of the cost ofmaintenance and operation of the motor pool.

Theamount allocated and charged by the Department of Administration to Stateagencies to which transportation is furnished shall be at least as follows:

I.          Pursuit vehiclesand full size four‑wheel drive vehicles $.24/mile.

II.         Vans and compactfour‑wheel drive vehicles – $.22/mile.

III.       All other vehicles –$.20/mile.

7.         To adopt, with theapproval of the Governor, reasonable rules for the efficient and economicaloperation, maintenance, repair, and replacement, as limited in paragraph 4. ofthis subdivision, of all state‑owned motor vehicles under the control ofthe Department, and to enforce those rules; and to adopt, with the approval ofthe Governor, reasonable rules regulating the use of private motor vehiclesupon State business by the officers and employees of State agencies, and toenforce those rules. The Department, with the approval of the Governor, maydelegate to the respective heads of the agencies to which motor vehicles arepermanently assigned by the Department the duty of enforcing the rules adoptedby the Department pursuant to this paragraph. Any person who violates a ruleadopted by the Department and approved by the Governor is guilty of a Class 1misdemeanor.

7a.       To adopt with theapproval of the Governor and to enforce rules and to coordinate State policyregarding (i) the permanent assignment of state‑owned passenger motorvehicles and (ii) the use of and reimbursement for those vehicles for thelimited commuting permitted by this subdivision. For the purpose of thissubdivision 7a, "state‑owned passenger motor vehicle" includesany state‑owned passenger motor vehicle, whether or not owned, maintainedor controlled by the Department of Administration, and regardless of the sourceof the funds used to purchase it. Notwithstanding the provisions of G.S. 20‑190or any other provisions of law, all state‑owned passenger motor vehiclesare subject to the provisions of this subdivision 7a; no permanent assignmentshall be made and no one shall be exempt from payment of reimbursement for commutingor from the other provisions of this subdivision 7a except as provided by thissubdivision 7a. Commuting, as defined and regulated by this subdivision, islimited to those specific cases in which the Secretary has received andaccepted written justification, verified by historical data. The Departmentshall not assign any state‑owned motor vehicle that may be used forcommuting other than those authorized by the procedure prescribed in thissubdivision.

AState‑owned passenger motor vehicle shall not be permanently assigned toan individual who is likely to drive it on official business at a rate of lessthan 3,150 miles per quarter unless (i) the individual's duties are routinelyrelated to public safety or (ii) the individual's duties are likely to exposethe individual routinely to life‑threatening situations. A State‑ownedpassenger motor vehicle shall also not be permanently assigned to an agencythat is likely to drive it on official business at a rate of less than 3,150miles per quarter unless the agency can justify to the Division of Motor FleetManagement the need for permanent assignment because of the unique use of thevehicle. Each agency, other than the Department of Transportation, that has avehicle assigned to it or has an employee to whom a vehicle is assigned shallsubmit a quarterly report to the Division of Motor Fleet Management on themiles driven during the quarter by the assigned vehicle. The Division of MotorFleet Management shall review the report to verify that each motor vehicle hasbeen driven at the minimum allowable rate. If it has not and if the departmentby whom the individual to which the car is assigned is employed or the agencyto which the car is assigned cannot justify the lower mileage for the quarter,the permanent assignment shall be revoked immediately. The Department ofTransportation shall submit an annual report to the Division of Motor FleetManagement on the miles driven during the year by vehicles assigned to theDepartment or to employees of the Department. If a vehicle included in thisreport has not been driven at least 12,600 miles during the year, theDepartment of Transportation shall review the reasons for the lower mileage anddecide whether to terminate the assignment. The Division of Motor Fleet Managementmay not revoke the assignment of a vehicle to the Department of Transportationor an employee of that Department for failure to meet the minimum mileagerequirement unless the Department of Transportation consents to the revocation.

Everyindividual who uses a State‑owned passenger motor vehicle, pickup truck,or van to drive between the individual's official work station and his or herhome, shall reimburse the State for these trips at a rate computed by theDepartment. This rate shall approximate the benefit derived from the use of thevehicle as prescribed by federal law. Reimbursement shall be for 20 days permonth regardless of how many days the individual uses the vehicle to commuteduring the month. Reimbursement shall be made by payroll deduction. Fundsderived from reimbursement on vehicles owned by the Motor Fleet ManagementDivision shall be deposited to the credit of the Division; funds derived fromreimbursements on vehicles initially purchased with appropriations from theHighway Fund and not owned by the Division shall be deposited in a SpecialDepository Account in the Department of Transportation, which shall revert tothe Highway Fund; funds derived from reimbursement on all other vehicles shallbe deposited in a Special Depository Account in the Department ofAdministration which shall revert to the General Fund. Commuting, for purposesof this paragraph, does not include those individuals whose office is in theirhome, as determined by the Department of Administration, Division of MotorFleet Management. Also, this paragraph does not apply to the followingvehicles: (i) clearly marked police and fire vehicles, (ii) delivery truckswith seating only for the driver, (iii) flatbed trucks, (iv) cargo carrierswith over a 14,000 pound capacity, (v) school and passenger buses with over 20person capacities, (vi) ambulances, (vii) [Repealed]. (viii) bucket trucks,(ix) cranes and derricks, (x) forklifts, (xi) cement mixers, (xii) dump trucks,(xiii) garbage trucks, (xiv) specialized utility repair trucks (except vans andpickup trucks), (xv) tractors, (xvi) unmarked law‑enforcement vehiclesthat are used in undercover work and are operated by full‑time, fullysworn law‑enforcement officers whose primary duties include carrying afirearm, executing search warrants, and making arrests, and (xvii) any othervehicle exempted under Section 274(d) of the Internal Revenue Code of 1954, andFederal Internal Revenue Services regulations based thereon. The Department ofAdministration, Division of Motor Fleet Management, shall report quarterly tothe Joint Legislative Commission on Governmental Operations and to the FiscalResearch Division of the Legislative Services Office on individuals who useState‑owned passenger motor vehicles, pickup trucks, or vans betweentheir official work stations and their homes, who are not required to reimbursethe State for these trips.

TheDepartment of Administration shall revoke the assignment or require theDepartment owning the vehicle to revoke the assignment of a State‑ownedpassenger motor vehicle, pickup truck or van to any individual who:

I.          Uses the vehiclefor other than official business except in accordance with the commuting rules;

II.         Fails to supplyrequired reports to the Department of Administration, or supplies incompletereports, or supplies reports in a form unacceptable to the Department ofAdministration and does not cure the deficiency within 30 days of receiving arequest to do so;

III.       Knowingly andwillfully supplies false information to the Department of Administration onapplications for permanent assignments, commuting reimbursement forms, or otherrequired reports or forms;

IV.       Does not personallysign all reports on forms submitted for vehicles permanently assigned to him orher and does not cure the deficiency within 30 days of receiving a request todo so;

V.        Abuses the vehicle;or

VI.       Violates other rulesor policy promulgated by the Department of Administration not in conflict withthis act.

A newrequisition shall not be honored until the Secretary of the Department ofAdministration is assured that the violation for which a vehicle was previouslyrevoked will not recur.

TheDepartment of Administration, with the approval of the Governor, may delegate,or conditionally delegate, to the respective heads of agencies which ownpassenger motor vehicles or to which passenger motor vehicles are permanentlyassigned by the Department, the duty of enforcing all or part of the rulesadopted by the Department of Administration pursuant to this subdivision 7a.The Department of Administration, with the approval of the Governor, may revokethis delegation of authority.

Notwithstandingthe provisions of this section and G.S. 14‑247, the Department ofAdministration may allow the organization sanctioned by the Governor's Councilon Physical Fitness to conduct the North Carolina State Games to use Statetrucks and vans for the State Games of North Carolina. The Department ofAdministration shall not charge any fees for the use of the vehicles for the StateGames. The State shall incur no liability for any damages resulting from theuse of vehicles under this provision. The organization that conducts the StateGames shall carry liability insurance of not less than one million dollars($1,000,000) covering such vehicles while in its use and shall be responsiblefor the full cost of repairs to these vehicles if they are damaged while usedfor the State Games.

8.         To adopt andadminister rules for the control of all state‑owned passenger motorvehicles and to require State agencies to keep all records and make all reportsregarding motor vehicle use as the Secretary deems necessary.

9.         To acquire motorvehicle liability insurance on all State‑owned motor vehicles under thecontrol of the Department.

10.       To contract with theappropriate State prison authorities for the furnishing, upon such conditionsas may be agreed upon from time to time between such State prison authoritiesand the Secretary, of prison labor for use in connection with the operation ofa central motor pool and related activities.

11.       To report annually tothe General Assembly on any rules adopted, amended or repealed under paragraphs3, 7, or 7a of this subdivision.

i.          (Effective July1, 2010) To establish and operate a central motor pool and such subsidiaryrelated facilities as the Secretary may deem necessary, and to that end:

1.         To establish andoperate central facilities for the maintenance, repair, and storage of state‑ownedpassenger motor vehicles for the use of State agencies; to utilize anyavailable State facilities for that purpose; and to establish such subsidiaryfacilities as the Secretary may deem necessary.

2.         To acquire passengermotor vehicles by transfer from other State agencies and by purchase. All motorvehicles transferred to or purchased by the Department shall become part of acentral motor pool.

2a.       Every new motorvehicle transferred to or purchased by the Department that is designed tooperate on diesel fuel shall be covered by an express manufacturer's warrantythat allows the use of B‑20 fuel, as defined in G.S. 143‑58.4. Thissub‑sub‑subdivision does not apply if the intended use, asdetermined by the Department, of the new motor vehicle requires a type ofvehicle for which an express manufacturer's warranty allows the use of B‑20fuel is not available.

2b.       As used in this sub‑sub‑subdivision,"fuel economy" and "class of comparable automobiles" havethe same meaning as in Part 600 of Title 40 of the Code of Federal Regulations(July 1, 2008 Edition). As used in this sub‑sub‑subdivision,"passenger motor vehicle" has the same meaning as "privatepassenger vehicle" as defined in G.S. 20‑4.01. Notwithstanding therequirements of sub‑sub‑subdivision 2a. of this sub‑subdivision,every request for proposals for new passenger motor vehicles to be purchased bythe Department shall state a preference for vehicles that have a fuel economyfor the new vehicle's model year that is in the top fifteen percent (15%) ofits class of comparable automobiles. The award for every new passenger motorvehicle that is purchased by the Department shall be based on the Department'sevaluation of the best value for the State, taking into account fuel economyratings and life cycle cost that reasonably consider both projected fuel costsand acquisition costs. This sub‑sub‑subdivision does not apply tovehicles used in law enforcement, emergency medical response, and firefighting.The Department shall report the number of new passenger motor vehicles that arepurchased as required by this sub‑sub‑subdivision, the savings orcosts for the purchase of vehicles to comply with this sub‑sub‑subdivision,and the quantity and cost of fuel saved for the previous fiscal year on orbefore October 1 of each year to the Joint Legislative Commission onGovernmental Operations and the Environmental Review Commission.

2c.       To participate in theenergy credit banking and selling program under G.S. 143‑58.4. TheDivision of Motor Fleet Management of the Department of Administration iseligible to receive proceeds from the Alternative Fuel Revolving Fund underG.S. 143‑58.5 to purchase alternative fuel, develop alternative fuelrefueling infrastructure, or purchase AFVs as defined in G.S. 143‑58.4.

3.         To require on aschedule determined by the Department all State agencies to transfer ownership,custody or control of any or all passenger motor vehicles within the ownership,custody or control of that agency to the Department, except those motorvehicles under the ownership, custody or control of the Highway Patrol or the StateBureau of Investigation which are used primarily for law‑enforcementpurposes, and except those motor vehicles under the ownership, custody orcontrol of the Department of Crime Control and Public Safety for Butner PublicSafety which are used primarily for law‑enforcement, fire, or emergencypurposes.

4.         To maintain, store,repair, dispose of, and replace state‑owned motor vehicles under thecontrol of the Department, using best management practices. The Departmentshall ensure that state‑owned vehicles are replaced when most costeffective using a replacement formula developed by the Department and reviewedperiodically for appropriateness of use. The Department shall reportsemiannually to the cochairs of the Joint Appropriations Subcommittee on GeneralGovernment, on or before October 15 and March 15, on the effect of any new orrevised replacement formula on the cost of operating the central motor pool,including the amount of any savings from use of any new or revised replacementformula.

5.         Upon properrequisition, proper showing of need for use on State business only, and propershowing of proof that all persons who will be driving the motor vehicle havevalid drivers' licenses, to assign economically suitable transportation, eitheron a temporary or permanent basis, to any State employee or agency. An agencyassigned a motor vehicle may not allow a person to operate that motor vehicleunless that person displays to the agency and allows the agency to copy thatperson's valid driver's license. Notwithstanding G.S. 20‑30(6), personsor agencies requesting assignment of motor vehicles may photostat or otherwisereproduce drivers' licenses for purposes of complying with this subpart.

Asused in this subpart, "economically suitable transportation" meansthe most cost‑effective standard vehicle in the State motor fleet, unlessspecial towing provisions are required by the agency. The Department may notassign any employee or agency a motor vehicle that is not economicallysuitable. The Department shall not approve requests for vehicle assignment orreassignment when the purpose of that assignment or reassignment is to provideany employee with a newer or lower mileage vehicle because of his or her rank,management authority, or length of service or because of any non‑job‑relatedreason. The Department shall not assign "special use" vehicles, suchas four‑wheel drive vehicles or law enforcement vehicles, to any agencyor individual except upon written justification, verified by historical data,and accepted by the Secretary. The Department may provide law enforcementvehicles only to those agencies which have statutory pursuit authority.

6.         To allocate andcharge against each State agency to which transportation is furnished, on abasis of mileage or of rental, its proportionate part of the cost ofmaintenance and operation of the motor pool.

Theamount allocated and charged by the Department of Administration to Stateagencies to which transportation is furnished shall be at least as follows:

I.          Pursuit vehiclesand full size four‑wheel drive vehicles $.24/mile.

II.         Vans and compactfour‑wheel drive vehicles – $.22/mile.

III.       All other vehicles –$.20/mile.

7.         To adopt, with theapproval of the Governor, reasonable rules for the efficient and economicaloperation, maintenance, repair, and replacement, as limited in paragraph 4. ofthis subdivision, of all state‑owned motor vehicles under the control ofthe Department, and to enforce those rules; and to adopt, with the approval ofthe Governor, reasonable rules regulating the use of private motor vehiclesupon State business by the officers and employees of State agencies, and toenforce those rules. The Department, with the approval of the Governor, maydelegate to the respective heads of the agencies to which motor vehicles arepermanently assigned by the Department the duty of enforcing the rules adoptedby the Department pursuant to this paragraph. Any person who violates a ruleadopted by the Department and approved by the Governor is guilty of a Class 1misdemeanor.

7a.       To adopt with theapproval of the Governor and to enforce rules and to coordinate State policyregarding (i) the permanent assignment of state‑owned passenger motorvehicles and (ii) the use of and reimbursement for those vehicles for the limitedcommuting permitted by this subdivision. For the purpose of this subdivision7a, "state‑owned passenger motor vehicle" includes any state‑ownedpassenger motor vehicle, whether or not owned, maintained or controlled by theDepartment of Administration, and regardless of the source of the funds used topurchase it. Notwithstanding the provisions of G.S. 20‑190 or any otherprovisions of law, all state‑owned passenger motor vehicles are subjectto the provisions of this subdivision 7a; no permanent assignment shall be madeand no one shall be exempt from payment of reimbursement for commuting or fromthe other provisions of this subdivision 7a except as provided by thissubdivision 7a. Commuting, as defined and regulated by this subdivision, islimited to those specific cases in which the Secretary has received andaccepted written justification, verified by historical data. The Departmentshall not assign any state‑owned motor vehicle that may be used forcommuting other than those authorized by the procedure prescribed in thissubdivision.

AState‑owned passenger motor vehicle shall not be permanently assigned toan individual who is likely to drive it on official business at a rate of lessthan 3,150 miles per quarter unless (i) the individual's duties are routinelyrelated to public safety or (ii) the individual's duties are likely to exposethe individual routinely to life‑threatening situations. A State‑ownedpassenger motor vehicle shall also not be permanently assigned to an agencythat is likely to drive it on official business at a rate of less than 3,150miles per quarter unless the agency can justify to the Division of Motor FleetManagement the need for permanent assignment because of the unique use of thevehicle. Each agency, other than the Department of Transportation, that has avehicle assigned to it or has an employee to whom a vehicle is assigned shallsubmit a quarterly report to the Division of Motor Fleet Management on themiles driven during the quarter by the assigned vehicle. The Division of MotorFleet Management shall review the report to verify that each motor vehicle hasbeen driven at the minimum allowable rate. If it has not and if the departmentby whom the individual to which the car is assigned is employed or the agencyto which the car is assigned cannot justify the lower mileage for the quarter,the permanent assignment shall be revoked immediately. The Department ofTransportation shall submit an annual report to the Division of Motor FleetManagement on the miles driven during the year by vehicles assigned to theDepartment or to employees of the Department. If a vehicle included in thisreport has not been driven at least 12,600 miles during the year, theDepartment of Transportation shall review the reasons for the lower mileage anddecide whether to terminate the assignment. The Division of Motor FleetManagement may not revoke the assignment of a vehicle to the Department ofTransportation or an employee of that Department for failure to meet theminimum mileage requirement unless the Department of Transportation consents tothe revocation.

Everyindividual who uses a State‑owned passenger motor vehicle, pickup truck,or van to drive between the individual's official work station and his or herhome, shall reimburse the State for these trips at a rate computed by theDepartment. This rate shall approximate the benefit derived from the use of thevehicle as prescribed by federal law. Reimbursement shall be for 20 days permonth regardless of how many days the individual uses the vehicle to commuteduring the month. Reimbursement shall be made by payroll deduction. Fundsderived from reimbursement on vehicles owned by the Motor Fleet ManagementDivision shall be deposited to the credit of the Division; funds derived fromreimbursements on vehicles initially purchased with appropriations from theHighway Fund and not owned by the Division shall be deposited in a SpecialDepository Account in the Department of Transportation, which shall revert tothe Highway Fund; funds derived from reimbursement on all other vehicles shallbe deposited in a Special Depository Account in the Department ofAdministration which shall revert to the General Fund. Commuting, for purposesof this paragraph, does not include those individuals whose office is in theirhome, as determined by the Department of Administration, Division of MotorFleet Management. Also, this paragraph does not apply to the followingvehicles: (i) clearly marked police and fire vehicles, (ii) delivery truckswith seating only for the driver, (iii) flatbed trucks, (iv) cargo carrierswith over a 14,000 pound capacity, (v) school and passenger buses with over 20person capacities, (vi) ambulances, (vii) [Repealed]. (viii) bucket trucks,(ix) cranes and derricks, (x) forklifts, (xi) cement mixers, (xii) dump trucks,(xiii) garbage trucks, (xiv) specialized utility repair trucks (except vans andpickup trucks), (xv) tractors, (xvi) unmarked law‑enforcement vehiclesthat are used in undercover work and are operated by full‑time, fully swornlaw‑enforcement officers whose primary duties include carrying a firearm,executing search warrants, and making arrests, and (xvii) any other vehicleexempted under Section 274(d) of the Internal Revenue Code of 1954, and FederalInternal Revenue Services regulations based thereon. The Department ofAdministration, Division of Motor Fleet Management, shall report quarterly tothe Joint Legislative Commission on Governmental Operations and to the FiscalResearch Division of the Legislative Services Office on individuals who useState‑owned passenger motor vehicles, pickup trucks, or vans betweentheir official work stations and their homes, who are not required to reimbursethe State for these trips.

TheDepartment of Administration shall revoke the assignment or require theDepartment owning the vehicle to revoke the assignment of a State‑ownedpassenger motor vehicle, pickup truck or van to any individual who:

I.          Uses the vehiclefor other than official business except in accordance with the commuting rules;

II.         Fails to supplyrequired reports to the Department of Administration, or supplies incompletereports, or supplies reports in a form unacceptable to the Department ofAdministration and does not cure the deficiency within 30 days of receiving a requestto do so;

III.       Knowingly andwillfully supplies false information to the Department of Administration onapplications for permanent assignments, commuting reimbursement forms, or otherrequired reports or forms;

IV.       Does not personallysign all reports on forms submitted for vehicles permanently assigned to him orher and does not cure the deficiency within 30 days of receiving a request todo so;

V.        Abuses the vehicle;or

VI.       Violates other rulesor policy promulgated by the Department of Administration not in conflict withthis act.

A newrequisition shall not be honored until the Secretary of the Department ofAdministration is assured that the violation for which a vehicle was previouslyrevoked will not recur.

TheDepartment of Administration, with the approval of the Governor, may delegate,or conditionally delegate, to the respective heads of agencies which ownpassenger motor vehicles or to which passenger motor vehicles are permanentlyassigned by the Department, the duty of enforcing all or part of the rulesadopted by the Department of Administration pursuant to this subdivision 7a.The Department of Administration, with the approval of the Governor, may revokethis delegation of authority.

Notwithstandingthe provisions of this section and G.S. 14‑247, the Department ofAdministration may allow the organization sanctioned by the Governor's Councilon Physical Fitness to conduct the North Carolina State Games to use Statetrucks and vans for the State Games of North Carolina. The Department ofAdministration shall not charge any fees for the use of the vehicles for theState Games. The State shall incur no liability for any damages resulting fromthe use of vehicles under this provision. The organization that conducts theState Games shall carry liability insurance of not less than one milliondollars ($1,000,000) covering such vehicles while in its use and shall beresponsible for the full cost of repairs to these vehicles if they are damagedwhile used for the State Games.

8.         To adopt and administerrules for the control of all state‑owned passenger motor vehicles and torequire State agencies to keep all records and make all reports regarding motorvehicle use as the Secretary deems necessary.

9.         To acquire motorvehicle liability insurance on all State‑owned motor vehicles under thecontrol of the Department.

10.       To contract with theappropriate State prison authorities for the furnishing, upon such conditionsas may be agreed upon from time to time between such State prison authoritiesand the Secretary, of prison labor for use in connection with the operation ofa central motor pool and related activities.

11.       To report annually tothe General Assembly on any rules adopted, amended or repealed under paragraphs3, 7, or 7a of this subdivision.

j.          To establish andoperate central mimeographing and duplicating services, central stenographicaland clerical pools, and other central services, if the Governor afterappropriate investigation deems it advisable from the standpoint of efficiencyand economy in operation to establish any or all such services. The Secretarymay allocate and charge against the respective agencies their proportionatepart of the cost of maintenance and operation of the central services which areestablished, in accordance with the rules adopted by him and approved by theGovernor and Council of State pursuant to paragraph k, below. Upon theestablishment of central mimeographing and duplicating services, the Secretarymay, with the approval of the Governor, require any State agency to be servedby those central services to transfer to the Department ownership, custody, andcontrol of any or all mimeographing and duplicating equipment and supplieswithin the ownership, custody, or control of such agency.

k.         To require the Stateagencies and their officers and employees to utilize the central facilities andservices which are established; and to adopt, with the approval of the Governorand Council of State, reasonable rules and procedures requiring the utilizationof such central facilities and services, and governing their operation and thecharges to be made for their services.

l.          To providenecessary information service for visitors to the Capitol.

m.        To perform suchadditional duties and exercise such additional powers as may be assigned to itby statute or by the Governor.

(9)        Repealed by SessionLaws 1989, c. 239, s. 2.

(10)      Block Grants. – Toestablish and maintain a block grants manual that will ensure uniformadministration of block grant funds. The manual shall be a comprehensive sourceof reference for all general and statewide administrative procedures for blockgrant funds. The manual shall contain the applicable procedures for: thecontents of an application, which shall be as simple as possible; the awardingof or contracting with block grant funds; auditing, which shall, to the extentpossible, promote the use of single audits of grantees; the ensuring of civilrights compliance by grantees; and monitoring.

(11)      Energy‑relatedmatters. – To exercise those powers and perform those duties prescribed inArticle 1 of Chapter 113B and Part 1 of Article 3B of Chapter 143 of theGeneral Statutes and Parts 2 and 3 of this Article.  (1957, c. 215, s. 2; c. 269,s. 1; 1959, c. 683, ss. 2‑4; c. 1326; 1963, c. 1, s. 5; 1965, c. 1023;1969, c. 1144, s. 2; 1971, c. 1097, s. 3; 1975, c. 399, ss. 1, 2; c. 879, s.46; 1979, c. 136, s. 1; c. 544; 1979, 2nd Sess., c. 1137, s. 38; 1981, c. 300;c. 859, ss. 48‑51; 1981 (Reg. Sess., 1982), c. 1282, s. 62; 1983, c. 267,s. 1; c. 717, s. 74; c. 761, ss. 58, 151, 173, 174; c. 923, s. 217; 1983 (Reg.Sess., 1984), c. 1034, s. 122; 1985, c. 479, ss. 168, 170, 174; c. 757, ss.174, 175, 177; c. 791, s. 51; 1985 (Reg. Sess., 1986), c. 955, ss. 94, 94.1;1987, c. 738, ss. 43‑45, 47(a); c. 827, s. 220; c. 874; 1987 (Reg. Sess.,1988), c. 1086, s. 34(b); 1989, c. 58, s. 2; c. 239, s. 2; 1991, c. 542, s. 10;c. 689, s. 22; 1993, c. 539, s. 1030; 1994, Ex. Sess., c. 24, s. 14(c); 1995,c. 97, s. 1; c. 402, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 10.2; 1997‑412,s. 6; 1998‑45, s. 1; 2000‑140, s. 76(g); 2000‑153, s. 2; 2001‑424,s. 7.4; 2001‑496, s. 8(d); 2002‑126, s. 19.2; 2003‑177, s. 1;2003‑284, ss. 18.1, 46.3;2003‑314, s. 1.2; 2005‑276, s. 6.25(b); 2005‑300, s. 1; 2005‑413,s. 3; 2006‑203, ss. 96, 97; 2006‑217, s. 1.1; 2007‑420, s. 2;2007‑446, s. 5; 2009‑241, s. 1; 2009‑474, s. 5.)