DRAFT CSC, Title 31.  Vehicles
 
CHAPTER 9
State Government Vehicles

1401.  Purchase of State Motor Vehicles.
1402.  Inventory of State Motor Vehicles.
1403.  Responsibility for Vehicles.
1404.  Use of State Motor Vehicles; Administrative Penalties.
1405.  Disposal of State Motor Vehicles.
1406.  State Seal on Motor Vehicles.
1407.  Municipal Vehicles Purchased with State Funds.
1408.  Severability.

      1401.  Purchase of State Motor Vehicles.
     The State shall not purchase any motor vehicle unless funds are first specifically appropriated for such purpose.  Violation of this Section shall be a violation of Section 1008 of the Chuuk State Financial Management Act, as amended.

Source:  CSL 3-95-18, 1 (901).

Cross-reference:  The Chuuk State Financial Management Act is codified in Chapter 1 of Title 28 of this Code.

      1402.  Inventory of State Motor Vehicles.
     Each branch of the State government, and each board, commission, and independent agency thereof, shall maintain an inventory of each State vehicle issued to that branch, board, commission or agency, which shall include at least the following information:

     (a) (1)  the vehicle identification number;

     (b) (2)  the date of purchase; and

     (c) (3)  the name of the department, office, board, commission or agency to which the vehicle is assigned.

Source:  CSL 3-95-18, 1 (902), modified.

      1403.  Responsibility for Vehicles.
     The supervisor or head of the governmental unit to which a motor vehicle is assigned is required to use due care in preserving that vehicle, subject, however, to the following:

     (a) (1)  When a vehicle is under the supervision or care of a security guard or other temporary custodian, or in the control of a State employee with a valid driver. s license, that person is then required to use due care for the preservation of the vehicle.

     (b) (2)  The State may purchase insurance on State owned motor vehicles if funds are appropriated for insurance.

Source:  CSL 3-95-18, 1 (903), modified.

      1404.  Use of State Motor Vehicle; Administrative Penalties.

     (a) (1)  No State motor vehicle shall be used for personal purposes except those assigned to the Governor, the Lieutenant Governor, the President of the Senate, the Speaker of the House, the Chief Justice, and those assigned pursuant to the terms of a contract of employment lawfully entered into between the State government or one of its departments and the contracted employee. To that end, all State motor vehicles (other than those assigned to the Governor, the Lieutenant Governor, the President of the Senate, the Speaker of the House, the Chief Justice, and pursuant to a State employment contract) shall be stored, under the care of security guards or other temporary custodians, in areas designated by the Governor, the Presiding Officers of the Legislature, the Chief Justice, or the directors or other chief officers of boards, commissions, and independent agencies to which vehicles are assigned, or by the mayor of a municipality to which Section 907 1407 of this Code Title applies, whichever is appropriate, except when in use on official State business.

     (b) (2)  Any State employee who uses a State motor vehicle for personal purposes without proper authorization, in violation of this Section 904, or who allows any other person to so use a State motor vehicle, may be punished administratively by the employee's supervisor, by the issuance of a written reprimand to such employee.  Receipt of three (3) such letters of reprimand during the employee's employment with the State shall be grounds for dismissal under the State Public Service System Act or the employee's employment contract, pursuant to the procedures set forth in the Public Service Act, as amended, regulations issued pursuant thereto, or the employee's contract.

Source:  CSL 3-95-18, 1 (904), modified.

Cross-reference:  The State Public Service System Act is codified in Chapter 1 of Title 9 of this Code.

      1405.  Disposal of State Motor Vehicles.
     The chief officer of each branch, agency, board, and commission of the State government shall make an annual review of the vehicular requirements of the branch, agency, board or commission which is his or her responsibility, and make a report of those needs to the Legislature for its consideration in preparing the annual budget act.  All excess vehicles shall be disposed of by such chief officer, as follows:

          (a) (1)  The chief officer shall first inform all other State branches, agencies, boards, and commissions of the availability of the vehicle, for possible purchase by such branches, agencies, boards, and commissions.

          (b) (2)  In the event that the vehicle is not sold pursuant to paragraph (a) subsection (1) of this Section, the vehicle shall be sold at fair market value.

          (c) (3)  Upon the sale of any State vehicle, the proceeds shall be deposited into the General Fund of the State of Chuuk.

          (d) (4)  Violation of this Section shall be a violation of Section 1009 of the Financial Management Act, as amended.

Source:  CSL 3-95-18, 1 (905), modified.

Cross-reference:  The Chuuk State Financial Management Act is codified in Chapter 1 of Title 28 of this Code.

      1406.  State Seal on Motor Vehicles.
     The State seal shall be placed on the front doors of all State motor vehicles before delivery to the branch, board, commission or agency to which the vehicle has been assigned.  Any person convicted of removing or covering the State Seal on a State motor vehicle shall, upon conviction therefor, be punished by a fine of not less than $100.00 nor more than $2,000.00, or imprisonment for not less than 30 days nor more than one 1 year, or both.

Source:  CSL 3-95-18, 1 (906).

      1407.  Municipal Vehicles Purchased with State Funds.
     The provisions of this Chapter shall apply to municipal vehicles purchased with funds appropriated from the State General Fund; provided, however, that municipalities may, by ordinance duly enacted, establish policies and regulations regarding such motor vehicles which shall supersede Section 901 1401 through 906 1406 of this Code Title; provided further, that in the event of disposal of a motor vehicle by a municipality, the proceeds of the sale shall become part of the municipality's funds, and shall not revert to the State General Fund.

Source:  CSL 3-95-18, 1 (907), modified.

      1408.  Severability.
     If any provision of this Act Title or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications, of the Act Title which can be given effect without the invalid provision or application, and to this end the provisions of this Act Title are severable.

Source:  CSL 3-95-18, 3, modified.
                                                                                                                                                                                                                                                                                                           
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