Public Act 097-0922
 
HB5650 EnrolledLRB097 20479 PJG 66015 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 1. Short title. This Act may be cited as the State 
Vehicle Use Act.
 
    Section 5. Definitions. As used in this Act:
    "Constitutional officers" means the officers created under 
Article V of the Illinois Constitution.
    "Department" means the Department of Central Management 
Services.
    "Division of Vehicles" means the Division of Vehicles 
within the Department of Central Management Services.
    "State agency" means all departments, officers, 
commissions, boards, institutions, and bodies politic and 
corporate of the State. "State agency" does not include 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,  the legislature 
or its committees or commissions, or units of local government.
    "Vehicle" means any motor vehicle belonging to the State of 
Illinois or any agency, board, commission, branch, or 
department thereof or controlled thereby, including 
automobiles, motorcycles, trucks, and other types of 
automotive equipment.
 
    Section 10. Vehicle use officer; vehicle use policy.
    (a) Each State agency shall designate a vehicle use officer 
to monitor the use of State-owned vehicles by that State 
agency.
    (b) Each State agency, with the assistance of the vehicle 
use officer, shall draft a vehicle use policy. All vehicle use 
policies, other than those drafted by a constitutional officer, 
shall be submitted to the Division of Vehicles within the 
Department of Central Management Services and shall be made 
publicly available on the Department's official Internet 
website. A vehicle use officer for a constitutional officer 
shall make the vehicle use policy publicly available on the 
constitutional officer's official Internet website. A vehicle 
use policy shall include the following:
        (1) a policy concerning take-home vehicles, including 
    requirements for emergency use of take-home vehicles and 
    restrictions on the use of take-home vehicles solely for 
    commuting; and
        (2) procedures regarding daily vehicle use logs and 
    mileage recording.
 
    Section 20. Mileage reimbursement. For cases in which a 
State employee would otherwise use a State-owned vehicle but 
uses his or her own vehicle instead, a State agency may 
reimburse a State employee for automobile travel  expenses in 
accordance with the State Travel Regulations and Reimbursement 
Rates adopted under Section 12-2 of the State Finance Act.
 
    Section 25. The Department of Central Management Services 
Law of the
Civil Administrative Code of Illinois is amended  by 
changing Section 405-280 as follows:
 



    (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.
    (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. 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 July 1, 2013, the Department shall make available 
to the public on its Internet website the following 
information:
        (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.
    (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 
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. 

(Source: P.A. 91-239, eff. 1-1-00.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2013.