HB3764ham003 99TH GENERAL ASSEMBLY

Rep. Sue Scherer

Filed: 4/17/2015

09900HB3764ham003 LRB099 06450 JLK 34366 a

AMENDMENT TO HOUSE BILL 3764

AMENDMENT NO. ______. Amend House Bill 3764, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Sections 405-5 and 405-280 as follows:

(20 ILCS 405/405-5) (was 20 ILCS 405/35.2)

Sec. 405-5. Definitions.

(a) In this Law:

"Department" means the Department of Central Management Services.

"Director" means the Director of Central Management Services.

(b) In paragraphs (1) and (2) of Section 405-10, and in Section 405-15, and in Section 405-280, "State agency", whether used in the singular or plural, means all departments, officers, commissions, boards, institutions, and bodies politic and corporate of the State. The term, however, does not mean the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the supreme court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, nor does it mean the legislature or its committees or commissions.

(Source: P.A. 94-295, eff. 7-21-05.)

(20 ILCS 405/405-280) (was 20 ILCS 405/67.15)

Sec. 405-280. State garages; passenger cars.

(a) To supervise and administer all State garages used for the repair, maintenance, or servicing of State-owned motor vehicles except those operated by any State college or university or by the Illinois Mathematics and Science Academy; and to acquire, maintain, and administer the operation of the passenger cars reasonably necessary to the operations of the executive department of the State government. To this end, the Department shall adopt regulations setting forth guidelines for the acquisition, use, maintenance, and replacement of motor vehicles, including the use of ethanol blended gasoline whenever feasible, used by the executive department of State government; shall occupy the space and take possession of the personnel, facilities, equipment, tools, and vehicles that are in the possession or under the administration of the former Department of Administrative Services for these purposes on July 13, 1982 (the effective date of Public Act 82-789); and shall, from time to time, acquire any further, additional, and replacement facilities, space, tools, and vehicles that are reasonably necessary for the purposes described in this Section.

(b) The Department shall evaluate the availability and cost of GPS systems that State agencies may be able to use to track State-owned motor vehicles.

(c) The Department shall distribute a spreadsheet or otherwise make data entry available to each State agency to facilitate the collection of data for publishing on the Department's Internet website. Beginning June 30, 2016, each State agency shall report the information required in this subsection to the Department within 60 days after the end of the fiscal year. If a State agency fails to report the information within 60 days after the end of the fiscal year, the Department shall immediately take control of at least 5 vehicles controlled by the non-reporting State agency, or fewer vehicles only if the non-reporting State agency controls fewer than 5 vehicles. The vehicles seized by the Department shall be the passenger vehicles to which the 5 highest salaried persons in the non-reporting State agency who have access to vehicles have access, but shall in no case be emergency vehicles. The Department shall only return the vehicles upon the State agency's fulfillment of the reporting requirements of this subsection. Each State agency shall cooperate with the Department in furnishing the data necessary for the implementation of this subsection within the timeframe specified by the Department. Each State agency shall be responsible for the validity and accuracy of the data provided. Beginning on November 1, 2016, and each November 1 thereafter July 1, 2013, the Department shall make available to the public on its Internet website the following information for the previous fiscal year:

(1) vehicle cost data, organized by individual vehicle and by State agency, and including repair, maintenance, fuel, insurance, and other costs, as well as whether required vehicle inspections have been performed; and

(2) an annual vehicle breakeven analysis, organized by individual vehicle and by State agency, comparing the number of miles a vehicle has been driven with the total cost of maintaining the vehicle; .

(3) the number of miles each car was driven; and

(4) the purpose each vehicle served.

(d) Beginning on the effective date of this amendatory Act of the 97th General Assembly, and notwithstanding any provision of law to the contrary, the Department may not make any new motor vehicle purchases until the Department sets forth procedures to condition the purchase of new motor vehicles on (i) a determination of need based on a breakeven analysis, and (ii) a determination that no other available means, including car sharing or rental agreements, would be more cost-effective to the State. However, the Department may purchase motor vehicles not meeting or exceeding a breakeven analysis only if there is no alternative available to carry out agency work functions and the purchase is approved by the Manager of the Division of Vehicles upon the receipt of a written explanation from the agency head of the operational needs justifying the purchase.

(e) On or before December 31, 2016 and each December 31 thereafter, except as provided in this subsection (e), the Director shall deem any general purpose passenger and light duty vehicles driven under 7,000 miles in a fiscal year as surplus property and begin the process for disposing of the vehicle provided for in the State Property Control Act for transferable property. No vehicle purchased during the previous fiscal year shall be sold pursuant to this Section. Notwithstanding any other provision of law, vehicles with remaining useful life may be recycled into the State vehicle fleet to replace mission critical vehicles with higher maintenance costs to reduce the overall cost of maintaining the fleet. If a passenger vehicle contains specialty equipment that cannot be removed and would render the vehicle unlawful for private use on a public roadway, the vehicle shall not be sold to a private person or entity, but must be given to another State agency or sold to another governmental body for which use of the vehicle is legal. This subsection (e) shall not apply to police or emergency vehicles, vehicles with specialty equipment installed, vehicles used by any State agency for undercover operations, vehicles required in a collective bargaining agreement, or vehicles for which a State employee's personal vehicle cannot be substituted without causing excessive wear and tear to the personal vehicle in the opinion of the Director. If the Director opts not to sell a vehicle pursuant to the exceptions provided herein, the Director shall file a report with the Clerk of the House, the Minority Leader of the House, the Secretary of the Senate, the Minority Leader of the Senate, and the Governor on or before December 31 of each year explaining why the exceptions herein provided applied to the vehicle. Proceeds from the sale of these vehicles shall be deposited in the State Surplus Property Revolving Fund.

(f) For the purposes of this Section:

"General purpose passenger vehicles" mean cars, minivans, sport utility vehicles, crossovers, or other vehicles with not more than a 10 passenger capacity.

"Light duty vehicles" means vans, pickups or trucks with 8,000 lbs or less gross vehicle weight rating.

(Source: P.A. 97-922, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".