Bill Text: IL HB3202 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that beginning June 30, 2019, each State agency shall report certain information concerning State vehicles to the Department of Central Management Services within 60 days after the end of the fiscal year. Provides that if a State agency fails to report that information, the Department of Central Management Services 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. Requires the Department to publish information on its website about State vehicles for the previous fiscal year by November 1, 2019 and each November 1 thereafter. Provides that within 60 days after receiving State agency reports, the Director of Central Management Services shall deem any general purpose passenger and light duty vehicle 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. Contains other provisions concerning the sale of such vehicles and exceptions that may apply. Requires proceeds from such sales to be deposited in the State Surplus Property Revolving Fund. Defines "general purpose passenger vehicles" and "light duty vehicles". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3202 Detail]

Download: Illinois-2019-HB3202-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3202 Introduced , by Rep. Diane Pappas SYNOPSIS AS INTRODUCED:
20 ILCS 405/405-5 was 20 ILCS 405/35.2
20 ILCS 405/405-280 was 20 ILCS 405/67.15
Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides that beginning June 30, 2019, each State agency shall report certain information concerning State vehicles to the Department of Central Management Services within 60 days after the end of the fiscal year. Provides that if a State agency fails to report that information, the Department of Central Management Services 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. Requires the Department to publish information on its website about State vehicles for the previous fiscal year by November 1, 2019 and each November 1 thereafter. Provides that within 60 days after receiving State agency reports, the Director of Central Management Services shall deem any general purpose passenger and light duty vehicle 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. Contains other provisions concerning the sale of such vehicles and exceptions that may apply. Requires proceeds from such sales to be deposited in the State Surplus Property Revolving Fund. Defines "general purpose passenger vehicles" and "light duty vehicles". Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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.

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(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.
(a-5) Notwithstanding any State policy or rule to the
contrary, any State-owned motor vehicle requiring maintenance

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in the form of an oil change shall have such maintenance
performed according to the applicable Department policy which
considers the manufacturer's suggested oil change frequency
for that vehicle's particular make, model, and year. The
Department shall evaluate the original equipment
manufacturer's oil change interval recommendations and other
related impacts periodically and consider policy adjustments
as is cost and operationally efficient for the State.
(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, 2019, 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

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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, 2019, 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.
This subsection does not apply to the Illinois State
Police.
(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

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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, 2019 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

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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, including, but not limited to,
vehicles used by the Illinois State Police, 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.

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(Source: P.A. 100-651, eff. 1-1-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.