R27-4-5. Fleet Expansion

  (1) Any expansion of the state motor vehicle fleet requires legislative approval.

  (2) The agency requesting a vehicle that will result in fleet expansion, or requesting that a vehicle currently designated "do not replace" be placed on a replacement cycle, shall be required to provide proof of the requisite legislative approval and funding for the procurement of an expansion vehicle or the placement of a "do not replace" vehicle on a replacement cycle, and any additional features and miscellaneous equipment, before the division is authorized to purchase the expansion vehicle.

  (3) For the purposes of this rule, an agency shall be deemed to have the requisite legislative approval under the following circumstances only:

  (a) The procurement of expansion vehicles or the placement of a "do not replace" vehicle on a replacement cycle is explicitly authorized by the Appropriations Committee during the general legislative session; or

  (b) The procurement of expansion vehicles or the placement of a "do not replace" vehicle on a replacement cycle is explicitly authorized by a special session of the legislature convened for the express purpose of approving fleet expansion.

  (4) For the purposes of this rule, only the following shall constitute acceptable proof of legislative approval of the requested expansion or placement of a "do not replace" vehicle on a replacement cycle:

  (a) A letter, signed by the agency's chief financial officer, citing the specific line item in the appropriations bill providing said authorization; or

  (b) Written verification from the agency's analyst in the Governor's Office of Planning and Budget (GOPB) indicating that the request for expansion was authorized and funded by the legislature.

  (5) Prior to the purchase of an expansion motor vehicle, the division shall provide each agency contact with the Standard State Fleet Vehicle (SSFV) that will be purchased.

  (6) All expansion vehicles will default to a SSFV.

  (7) Pursuant to Section 63A-9-401(5)(b)(iv), agencies may request a non-SSFV as long as one or more of the following justifications are cited:

  (a) Passenger space

  (b) Type of items carried

  (c) Hauling or towing capacity

  (d) Police pursuit capacity

  (e) Off-road capacity

  (f) 4x4 capacity

  (g) Emergency service (police, fire, rescue services) capacity

  (h) Attached equipment capacity (snow plows, winches, etc.)

  (i) Other justifications as approved by the director of the division or the director's designee.

  (8) Agencies may petition the executive director of the Department of Administrative Services, or the executive director's designee, for a review in the event that the director of the division or the director's designee denies a request for the expansion motor vehicle to be a non-SSFV.

  (9) Upon receipt of proof of legislative approval of an expansion from the requesting agency, the division shall provide to the State Division of Finance copies of the proof submitted in order for the Division of Finance to initiate the process for the formal transfer of funds necessary to procure the expansion vehicle(s) from the requesting agency to the division. In no event shall the division purchase expansion vehicles for requesting agencies until the Division of Finance has completed the process for the formal transfer of funds.

  (10) In the event that the requesting agency receives legislative approval for placing a "do not replace" vehicle on a replacement cycle, the requesting agency shall, in addition to providing the division with proof of approval and funding, provide the Division of Finance with funds for transfer to the division, in an amount equal to the depreciation that the division would have collected for the number of months between the time that the "do not replace" vehicle was put into service and the time that the requesting agency begins paying the applicable monthly lease rate for the replacement cycle chosen. In no event shall the division purchase a replacement vehicle for the "do not replace" vehicle if the requesting agency fails to provide funds necessary to cover said depreciation costs.

  (11) When the expansion vehicle is procured, the vehicle shall be added to the fleet and a replacement cycle established.

  (12) The division is responsible for insuring that the state motor vehicle fleet complies with United States Department of Energy alternative fuel vehicle (AFV) mandates. The division may require that a certain number of expansion vehicles, regardless of the requesting agency, be alternate fuel vehicles to ensure compliance with said AFV mandates.