BILL NUMBER: AB 633	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 20, 2012
	PASSED THE ASSEMBLY  AUGUST 22, 2012
	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, 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.


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.