Full Text of HB3764 99th General Assembly
HB3764ham003 99TH GENERAL ASSEMBLY | Rep. Sue Scherer Filed: 4/17/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3764
| 2 | | AMENDMENT NO. ______. Amend House Bill 3764, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Department of Central Management Services | 6 | | Law of the
Civil Administrative Code of Illinois is amended by | 7 | | changing Sections 405-5 and 405-280 as follows:
| 8 | | (20 ILCS 405/405-5) (was 20 ILCS 405/35.2)
| 9 | | Sec. 405-5. Definitions.
| 10 | | (a) In this Law:
| 11 | | "Department" means the Department of Central Management
| 12 | | Services.
| 13 | | "Director" means the Director of Central Management
| 14 | | Services.
| 15 | | (b) In paragraphs (1) and (2) of Section 405-10 , and in | 16 | | Section 405-15, and in Section 405-280,
"State agency", whether |
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| 1 | | used in the singular or plural, means all
departments,
| 2 | | officers, commissions, boards, institutions, and bodies | 3 | | politic and
corporate
of the State. The term, however, does not | 4 | | mean the judicial branch, including, without limitation, the
| 5 | | several courts of
the State, the offices of the clerk of the | 6 | | supreme court and the clerks of the appellate court, and the | 7 | | Administrative Office of the Illinois Courts, nor does it mean | 8 | | the legislature or its committees or
commissions.
| 9 | | (Source: P.A. 94-295, eff. 7-21-05.)
| 10 | | (20 ILCS 405/405-280) (was 20 ILCS 405/67.15)
| 11 | | Sec. 405-280. State garages; passenger cars. | 12 | | (a) To supervise and
administer all State garages used for
| 13 | | the repair, maintenance, or servicing of State-owned motor | 14 | | vehicles
except those operated by any State college or | 15 | | university or by the Illinois
Mathematics and Science Academy; | 16 | | and to acquire, maintain, and administer
the operation of the | 17 | | passenger cars reasonably necessary to the operations
of the | 18 | | executive department of the State government. To this end, the
| 19 | | Department shall adopt regulations setting
forth guidelines | 20 | | for the acquisition, use, maintenance, and replacement of
motor | 21 | | vehicles, including the use of ethanol blended gasoline | 22 | | whenever
feasible, used by the executive department of State | 23 | | government;
shall
occupy the space and take possession of the | 24 | | personnel, facilities,
equipment, tools, and vehicles that are | 25 | | in the possession or
under the
administration of the former |
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| 1 | | Department of Administrative Services for these
purposes on | 2 | | July 13, 1982 (the effective date of Public Act 82-789); and | 3 | | shall,
from time to time, acquire any further, additional, and
| 4 | | replacement
facilities, space, tools, and vehicles that are | 5 | | reasonably
necessary for
the purposes described in this | 6 | | Section. | 7 | | (b) The Department shall evaluate the availability and cost | 8 | | of GPS systems that State agencies may be able to use to track | 9 | | State-owned motor vehicles. | 10 | | (c) The Department shall distribute a spreadsheet or | 11 | | otherwise make data entry available to each State agency to | 12 | | facilitate the collection of data for publishing on the | 13 | | Department's Internet website. Beginning June 30, 2016, each | 14 | | State agency shall report the information required in this | 15 | | subsection to the Department within 60 days after the end of | 16 | | the fiscal year. If a State agency fails to report the | 17 | | information within 60 days after the end of the fiscal year, | 18 | | the Department shall immediately take control of at least 5 | 19 | | vehicles controlled by the non-reporting State agency, or fewer | 20 | | vehicles only if the non-reporting State agency controls fewer | 21 | | than 5 vehicles. The vehicles seized by the Department shall be | 22 | | the passenger vehicles to which the 5 highest salaried persons | 23 | | in the non-reporting State agency who have access to vehicles | 24 | | have access, but shall in no case be emergency vehicles. The | 25 | | Department shall only return the vehicles upon the State | 26 | | agency's fulfillment of the reporting requirements of this |
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| 1 | | subsection. Each State agency shall cooperate with the | 2 | | Department in furnishing the data necessary for the | 3 | | implementation of this subsection within the timeframe | 4 | | specified by the Department. Each State agency shall be | 5 | | responsible for the validity and accuracy of the data provided. | 6 | | Beginning on November 1, 2016, and each November 1 thereafter | 7 | | July 1, 2013 , the Department shall make available to the public | 8 | | on its Internet website the following information for the | 9 | | previous fiscal year : | 10 | | (1) vehicle cost data, organized by individual vehicle | 11 | | and by State agency, and including repair, maintenance, | 12 | | fuel, insurance, and other costs, as well as whether | 13 | | required vehicle inspections have been performed; and | 14 | | (2) an annual vehicle breakeven analysis, organized by | 15 | | individual vehicle and by State agency, comparing the | 16 | | number of miles a vehicle has been driven with the total | 17 | | cost of maintaining the vehicle ; . | 18 | | (3) the number of miles each car was driven; and | 19 | | (4) the purpose each vehicle served. | 20 | | (d) Beginning on the effective date of this amendatory Act | 21 | | of the 97th General Assembly, and notwithstanding any provision | 22 | | of law to the contrary, the Department may not make any new | 23 | | motor vehicle purchases until the Department sets forth | 24 | | procedures to condition the purchase of new motor vehicles on | 25 | | (i) a determination of need based on a breakeven analysis, and | 26 | | (ii) a determination that no other available means, including |
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| 1 | | car sharing or rental agreements, would be more cost-effective | 2 | | to the State. However, the Department may purchase motor | 3 | | vehicles not meeting or exceeding a breakeven analysis only if | 4 | | there is no alternative available to carry out agency work | 5 | | functions and the purchase is approved by the Manager of the | 6 | | Division of Vehicles upon the receipt of a written explanation | 7 | | from the agency head of the operational needs justifying the | 8 | | purchase.
| 9 | | (e) On or before December 31, 2016 and each December 31 | 10 | | thereafter, except as provided in this subsection (e), the | 11 | | Director shall deem any general purpose passenger and light | 12 | | duty vehicles driven under 7,000 miles in a fiscal year as | 13 | | surplus property and begin the process for disposing of the | 14 | | vehicle provided for in the State Property Control Act for | 15 | | transferable property. No vehicle purchased during the | 16 | | previous fiscal year shall be sold pursuant to this Section. | 17 | | Notwithstanding any other provision of law, vehicles with | 18 | | remaining useful life may be recycled into the State vehicle | 19 | | fleet to replace mission critical vehicles with higher | 20 | | maintenance costs to reduce the overall cost of maintaining the | 21 | | fleet. If a passenger vehicle contains specialty equipment that | 22 | | cannot be removed and would render the vehicle unlawful for | 23 | | private use on a public roadway, the vehicle shall not be sold | 24 | | to a private person or entity, but must be given to another | 25 | | State agency or sold to another governmental body for which use | 26 | | of the vehicle is legal. This subsection (e) shall not apply to |
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| 1 | | police or emergency vehicles, vehicles with specialty | 2 | | equipment installed, vehicles used by any State agency for | 3 | | undercover operations, vehicles required in a collective | 4 | | bargaining agreement, or vehicles for which a State employee's | 5 | | personal vehicle cannot be substituted without causing | 6 | | excessive wear and tear to the personal vehicle in the opinion | 7 | | of the Director. If the Director opts not to sell a vehicle | 8 | | pursuant to the exceptions provided herein, the Director shall | 9 | | file a report with the Clerk of the House, the Minority Leader | 10 | | of the House, the Secretary of the Senate, the Minority Leader | 11 | | of the Senate, and the Governor on or before December 31 of | 12 | | each year explaining why the exceptions herein provided applied | 13 | | to the vehicle. Proceeds from the sale of these vehicles shall | 14 | | be deposited in the State Surplus Property Revolving Fund. | 15 | | (f) For the purposes of this Section: | 16 | | "General purpose passenger vehicles" mean cars, minivans, | 17 | | sport utility vehicles, crossovers, or other vehicles with not | 18 | | more than a 10 passenger capacity. | 19 | | "Light duty vehicles" means vans, pickups or trucks with | 20 | | 8,000 lbs or less gross vehicle weight rating. | 21 | | (Source: P.A. 97-922, eff. 1-1-13.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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