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AB-633 California State University: acquisition or replacement of motor vehicles.(2011-2012)

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Assembly Bill No. 633
CHAPTER 773

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.

[ Approved by Governor  September 29, 2012. Filed with Secretary of State  September 29, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 633, Olsen. California State University: acquisition or replacement of motor vehicles.
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” 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.
Existing law 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 require the trustees to make an interim report to the Governor and the Legislature on January 1, 2014, and a final report on January 1, 2015, on their motor vehicle procurement, as provided. 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   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) 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 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 law, any contract for the acquisition of a motor 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) Any passenger-type motor vehicle purchased for a state officers, except a constitutional officer, or a state employee shall be an American-made 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) 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 January 1, 2014, and a final report on January 1, 2015, on their motor vehicle procurement, including 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 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 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. Section 575 of the Vehicle Code shall not have 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 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.