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
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Department of Central Management Services
6Law of the Civil Administrative Code of Illinois is amended by
7changing 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
12Services.
13    "Director" means the Director of Central Management
14Services.
15    (b) In paragraphs (1) and (2) of Section 405-10, and in
16Section 405-15, and in Section 405-280, "State agency", whether

 

 

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1used in the singular or plural, means all departments,
2officers, commissions, boards, institutions, and bodies
3politic and corporate of the State. The term, however, does not
4mean the judicial branch, including, without limitation, the
5several courts of the State, the offices of the clerk of the
6supreme court and the clerks of the appellate court, and the
7Administrative Office of the Illinois Courts, nor does it mean
8the 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
13the repair, maintenance, or servicing of State-owned motor
14vehicles except those operated by any State college or
15university or by the Illinois Mathematics and Science Academy;
16and to acquire, maintain, and administer the operation of the
17passenger cars reasonably necessary to the operations of the
18executive department of the State government. To this end, the
19Department shall adopt regulations setting forth guidelines
20for the acquisition, use, maintenance, and replacement of motor
21vehicles, including the use of ethanol blended gasoline
22whenever feasible, used by the executive department of State
23government; shall occupy the space and take possession of the
24personnel, facilities, equipment, tools, and vehicles that are
25in the possession or under the administration of the former

 

 

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1Department of Administrative Services for these purposes on
2July 13, 1982 (the effective date of Public Act 82-789); and
3shall, from time to time, acquire any further, additional, and
4replacement facilities, space, tools, and vehicles that are
5reasonably necessary for the purposes described in this
6Section.
7    (b) The Department shall evaluate the availability and cost
8of GPS systems that State agencies may be able to use to track
9State-owned motor vehicles.
10    (c) The Department shall distribute a spreadsheet or
11otherwise make data entry available to each State agency to
12facilitate the collection of data for publishing on the
13Department's Internet website. Beginning June 30, 2016, each
14State agency shall report the information required in this
15subsection to the Department within 60 days after the end of
16the fiscal year. If a State agency fails to report the
17information within 60 days after the end of the fiscal year,
18the Department shall immediately take control of at least 5
19vehicles controlled by the non-reporting State agency, or fewer
20vehicles only if the non-reporting State agency controls fewer
21than 5 vehicles. The vehicles seized by the Department shall be
22the passenger vehicles to which the 5 highest salaried persons
23in the non-reporting State agency who have access to vehicles
24have access, but shall in no case be emergency vehicles. The
25Department shall only return the vehicles upon the State
26agency's fulfillment of the reporting requirements of this

 

 

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1subsection. Each State agency shall cooperate with the
2Department in furnishing the data necessary for the
3implementation of this subsection within the timeframe
4specified by the Department. Each State agency shall be
5responsible for the validity and accuracy of the data provided.
6Beginning on November 1, 2016, and each November 1 thereafter
7July 1, 2013, the Department shall make available to the public
8on its Internet website the following information for the
9previous 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
21of the 97th General Assembly, and notwithstanding any provision
22of law to the contrary, the Department may not make any new
23motor vehicle purchases until the Department sets forth
24procedures 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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1car sharing or rental agreements, would be more cost-effective
2to the State. However, the Department may purchase motor
3vehicles not meeting or exceeding a breakeven analysis only if
4there is no alternative available to carry out agency work
5functions and the purchase is approved by the Manager of the
6Division of Vehicles upon the receipt of a written explanation
7from the agency head of the operational needs justifying the
8purchase.
9    (e) On or before December 31, 2016 and each December 31
10thereafter, except as provided in this subsection (e), the
11Director shall deem any general purpose passenger and light
12duty vehicles driven under 7,000 miles in a fiscal year as
13surplus property and begin the process for disposing of the
14vehicle provided for in the State Property Control Act for
15transferable property. No vehicle purchased during the
16previous fiscal year shall be sold pursuant to this Section.
17Notwithstanding any other provision of law, vehicles with
18remaining useful life may be recycled into the State vehicle
19fleet to replace mission critical vehicles with higher
20maintenance costs to reduce the overall cost of maintaining the
21fleet. If a passenger vehicle contains specialty equipment that
22cannot be removed and would render the vehicle unlawful for
23private use on a public roadway, the vehicle shall not be sold
24to a private person or entity, but must be given to another
25State agency or sold to another governmental body for which use
26of the vehicle is legal. This subsection (e) shall not apply to

 

 

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1police or emergency vehicles, vehicles with specialty
2equipment installed, vehicles used by any State agency for
3undercover operations, vehicles required in a collective
4bargaining agreement, or vehicles for which a State employee's
5personal vehicle cannot be substituted without causing
6excessive wear and tear to the personal vehicle in the opinion
7of the Director. If the Director opts not to sell a vehicle
8pursuant to the exceptions provided herein, the Director shall
9file a report with the Clerk of the House, the Minority Leader
10of the House, the Secretary of the Senate, the Minority Leader
11of the Senate, and the Governor on or before December 31 of
12each year explaining why the exceptions herein provided applied
13to the vehicle. Proceeds from the sale of these vehicles shall
14be deposited in the State Surplus Property Revolving Fund.
15    (f) For the purposes of this Section:
16    "General purpose passenger vehicles" mean cars, minivans,
17sport utility vehicles, crossovers, or other vehicles with not
18more than a 10 passenger capacity.
19    "Light duty vehicles" means vans, pickups or trucks with
208,000 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
23becoming law.".