BILL NUMBER: SB 1757 CHAPTERED 09/30/04 CHAPTER 926 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2004 APPROVED BY GOVERNOR SEPTEMBER 29, 2004 PASSED THE ASSEMBLY AUGUST 18, 2004 PASSED THE SENATE MAY 26, 2004 AMENDED IN SENATE MAY 24, 2004 AMENDED IN SENATE APRIL 26, 2004 AMENDED IN SENATE APRIL 12, 2004 INTRODUCED BY Senators Denham and Battin (Coauthors: Senators Aanestad, Ackerman, Johnson, and Knight) (Coauthors: Assembly Members Bates, Cogdill, Daucher, Dutton, Garcia, Harman, Shirley Horton, La Malfa, Maze, and Spitzer) FEBRUARY 20, 2004 An act to amend Section 13332.09 of the Government Code, relating to state contracts. LEGISLATIVE COUNSEL'S DIGEST SB 1757, Denham. State procurement: vehicles. Existing law provides that no purchase order or other form of documentation for acquisition or replacement of motor vehicles shall be issued against any appropriation until the Department of General Services has investigated and established the necessity for the acquisition or replacement. This bill would require that all contracts for acquisition of motor vehicles or general use mobile equipment for an executive branch officer or agency or the California State University be made by or under the supervision of the Department of General Services, and would permit the department to collect a fee to offset the cost of the services provided. The bill would request and encourage the University of California to have the department perform these tasks with respect to the acquisition or replacement of motor vehicles by the University of California. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13332.09 of the Government Code is amended to read: 13332.09. (a) No purchase order or other form of documentation for acquisition or replacement of motor vehicles shall be issued against any appropriation until the Department of General Services has investigated and established the necessity therefor. (b) A state agency may 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 for the acquisition of motor vehicles 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 the Department of General Services may collect a fee to offset the cost of the services provided. (d) All passenger-type motor vehicles purchased for state officers and employees, except constitutional officers, shall be American-made vehicles of the light class, as defined by the State Board of Control, 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 use mobile equipment having an original purchase price of twenty-five thousand dollars ($25,000) or more shall be rented or leased from a nonstate source and payment therefor 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) 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 which 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 to the controlling state agency only. Section 575 of the Vehicle Code shall have no application to this section. (2) "State agency" means a state agency, as defined pursuant to Section 11000, and each campus of the California State University. 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.