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