California Assembly Bill AB633 Amended / Bill

 BILL NUMBER: AB 633AMENDED BILL TEXT AMENDED IN SENATE AUGUST 14, 2012 AMENDED IN SENATE MAY 22, 2012 AMENDED IN SENATE JUNE 23, 2011 INTRODUCED BY Assembly Member Olsen (Coauthors: Assembly Members Block, Jeffries, and Mansoor) (Coauthor: Senator Runner) FEBRUARY 16, 2011 An act to amend  and repeal  Section 13332.09 of the Government Code, relating to state government, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 633, as amended, Olsen. California State University: acquisition or replacement of motor vehicles.  (1) under   Under  existing law, the Department of General Services exercises oversight of the acquisition and replacement of motor vehicles by state agencies. As of July 1, 2012, "state agencies"  will be   are  defined for these purposes to include each campus of the California State University. This bill would delete the reference to each campus of the California State University from the definition of state agencies under these provisions.  (2) Existing   Existing  law  requires,   required,  until July 1, 2012, the Trustees of the California State University to report to the Legislature on their motor vehicle procurement, to include specified information, on or before June 30 of each year. This bill would  , commencing July 1, 2012,  require the trustees to  make an interim  report to the  Governor and the  Legislature  January 1, 2014, and a final report on January 1, 2015,  on their motor vehicle procurement, to include specified information, including some information required under existing law, on  or before June 30 of each year, up to and including June 30, 2017  . The bill would also require the trustees, to the greatest extent feasible, to purchase vehicles using statewide commodity contracts.  This bill would repeal these provisions on July 1, 2015.   (3) This   This  bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13332.09 of the Government Code, as added by Section 4 of Chapter 679 of the Statutes of 2007, is amended to read: 13332.09. (a)  No   A  purchase order or other form of documentation for acquisition or replacement of motor vehicles shall  not  be issued against any appropriation until the Department of General Services has investigated and established the necessity therefor. (b) A state agency  may   shall  not acquire surplus mobile equipment from any source for program support until the Department of General Services has investigated and established the necessity therefor. (c) Notwithstanding any other  provision of  law,  all contracts   any contract  for the acquisition of  a  motor  vehicles   vehicle  or general use mobile equipment for a state agency shall be made by or under the supervision of the Department of General Services. Pursuant to Section 10298 of the Public Contract Code, the Department of General Services may collect a fee to offset the cost of the services provided. (d)  All   Any  passenger-type motor  vehicles   vehicle  purchased for  a  state officers  and employees  , except  a  constitutional officers,   officer, or a state employee  shall be  an  American-made  vehicles   vehicle  of the light class, as defined by the California Victim Compensation and Government Claims Board, unless excepted by the Director of General Services on the basis of unusual requirements, including, but not limited to, use by the California Highway Patrol, that would justify the need for a motor vehicle of a heavier class. (e)  No general   General  use mobile equipment having an original purchase price of twenty-five thousand dollars ($25,000) or more shall  not  be rented or leased from a nonstate source and payment therefor  shall not be  made from any appropriation for the use of the Department of Transportation, without the prior approval of the Department of General Services after a determination that comparable state-owned equipment is not available, unless obtaining approval would endanger life or property, in which case the transaction and the justification for not having sought prior approval shall be reported immediately thereafter to the Department of General Services. (f) (1) The Trustees of the California State University shall, to the greatest extent feasible, purchase vehicles using statewide commodity contracts. (2) The trustees shall  make an interim  report to the  Governor and the  Legislature on  or before June 30 of each year up to and including June 30, 2017   January 1, 2014, and a final report on January 1, 2015  , on their motor vehicle procurement, including  both   all  of the following: (A) An inventory, by campus, of motor vehicles that includes the type of vehicle,  vehicle usage and fuel data  consistent with the  Department of General Services  fleet asset management system  reports   and reported to the Department of General Services  . (B) The number of motor vehicles purchased during the prior fiscal year, disaggregated by campus and type of vehicle if the passenger vehicle or truck was purchased through statewide commodity contracts, and the purchase price.  (C) Any change to a policy or procedure made during the prior fiscal year related to motor vehicle procurement and contracts for procurement and identifying any vehicle procured pursuant to the new policy or procedure.   (D) The average time to complete procurements, average administrative costs, reduced charges paid to the Department of General Services, and competitive or reduced market prices obtained for the vehicles.   (3) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.  (g) As used in this section: (1) "General use mobile equipment" means equipment that is listed in the Mobile Equipment Inventory of the State Equipment Council and  that is  capable of being used by more than one state agency, and shall not be deemed to refer to equipment having a practical use limited  only  to the controlling state agency  only  . Section 575 of the Vehicle Code shall  not  have  no  application to this section. (2) "State agency" means a state agency, as defined pursuant to Section 11000. The University of California is requested and encouraged to have the Department of General Services perform the tasks identified in this section with respect to the acquisition or replacement of motor vehicles by the University of California. (h) This section shall  become operative on July 1, 2012   remain in effect only until July 1, 2015   , and as of that date is repealed  . SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure the continuation of the use of statewide commodity contracts in the purchase of vehicles by the Trustees of the California State University, it is necessary for this act to take effect immediately.