BILL NUMBER: AB 633 AMENDED
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.