Bill Text: MI HB4549 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Economic development; other; certain state purchasing and contracting requirements; modify. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 262a.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-14 - Referred To Committee On Finance [HB4549 Detail]
Download: Michigan-2009-HB4549-Introduced.html
HOUSE BILL No. 4549
March 10, 2009, Introduced by Rep. Donigan and referred to the Committee on Commerce.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
(MCL 18.1101 to 18.1594) by adding section 262a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 262a. (1) Beginning October 1, 2009, when determining
under this act whether the purchase, contracting for, or providing
of supplies, materials, services, insurance, utilities, third party
financing, equipment, printing, and other items needed by state
agencies is in the best interests of this state, and in making all
discretionary decisions concerning the solicitation, award,
amendment, cancellation, or appeal of state contracts, the
department shall, in addition to the total overall value to this
state, consider all of the following:
(a) Whether the vendor has been convicted of a criminal
offense incident to the application for or performance of a state
contract or subcontract. As used in this subdivision, vendor
includes affiliates, subsidiaries, officers, directors, managerial
employees, and any person who, directly or indirectly, holds a
pecuniary interest in that business entity of 20% or more.
(b) Whether the vendor has been convicted of a criminal
offense, or held liable in a civil proceeding, that negatively
reflects on the person’s business integrity, based on a finding of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, receiving stolen property, or violation of state or
federal antitrust statutes. As used in this subdivision, vendor
includes affiliates, subsidiaries, officers, directors, managerial
employees, and any person who, directly or indirectly, holds a
pecuniary interest in that business entity of 20% or more.
(c) Whether a proposal by a vendor to provide services to this
state using employees, contractors, subcontractors, or other
individuals who are not citizens of the United States, legal
resident aliens, or individuals with a valid visa would be
detrimental to this state, its residents, or this state's economy.
(d) Whether a proposal by a vendor to provide services to this
state from a location outside of this state or the United States
would be detrimental to this state, its residents, or this state's
economy.
(e) Whether a proposal by a vendor to provide goods to this
state produced outside of this state or the United States would be
detrimental to this state, its residents, or this state's economy.
(f) Whether the acquisition of goods or services from a vendor
that is an expatriated business entity located in a tax haven
country or an affiliate of an expatriated business entity located
in a tax haven country would be detrimental to this state, its
residents, or this state's economy.
(g) Whether the provision of services to this state at a
location outside of this state or the United States would be
detrimental to the privacy interests of Michigan residents, or risk
the disclosure of personal information of Michigan residents, such
as social security, financial, or medical data.
(h) Whether a proposal by a vendor to provide services to this
state from a location outside of this state or the United States
would constitute undue risk under a risk management policy,
practice, or procedure adopted by the department under section 204.
(i) Whether a proposal by a vendor to provide goods to this
state produced outside of this state or the United States would
constitute undue risk under a risk management policy, practice, or
procedure adopted by the department under section 204.
(2) When determining under this act whether the purchase,
contracting for, or providing of supplies, materials, services,
insurance, utilities, third party financing, equipment, printing,
and other items needed by state agencies is in the best interests
of this state, and in making all discretionary decisions concerning
the solicitation, award, amendment, cancellation, or appeal of
state contracts, the department shall next consider all of the
following:
(a) Whether a proposal by a vendor to provide services to this
state using employees, contractors, subcontractors, or other
individuals who are not citizens of the United States, legal
resident aliens, or individuals with a valid visa would be
detrimental to this state or its residents by negatively impacting
the economy of the United States.
(b) Whether a proposal by a vendor to provide goods to this
state produced outside of this state or the United States would be
detrimental to this state or its residents by negatively impacting
the economy of the United States.
(c) Whether the acquisition of goods or services from a vendor
that is an expatriated business entity located in a tax haven
country or an affiliate of an expatriated business entity located
in a tax haven country would be detrimental to this state or its
residents by negatively impacting the economy of the United States.
(3) To assist the department in determining under this act
whether the purchase, contracting for, or providing of supplies,
materials, services, insurance, utilities, third party financing,
equipment, printing, and other items needed by state departments or
agencies is in the best interests of this state, and in making all
discretionary decisions concerning the solicitation, award,
amendment, cancellation, or appeal of state contracts, the
department may require a vendor or subcontractor to provide 1 or
more of the following:
(a) Information relating to the location of work performed
under a state contract by the vendor and any subcontractors,
employees, or other persons performing a state contract.
(b) Information regarding the corporate structure and location
of corporate employees and activities of the vendor, its
affiliates, or any subcontractors.
(c) Notice of the relocation of the vendor, employees of the
vendor, subcontractors of the vendor, or other persons performing
services under a state contract outside of this state or the United
States.
(d) For a vendor or subcontractor providing call or contact
center services to this state, disclose to inbound callers the
location from which the call or contact center services are being
provided.
(e) A written affirmation that the vendor or subcontractor
will not use state funds or the proceeds of a state contract to
induce a business enterprise to leave this state.
(f) A written affirmation that the vendor or subcontractor
will not engage in activities that contribute to the violation of
internationally recognized workers' rights, as defined in section
507(4) of the trade act of 1974, 19 USC 2467(4), of workers in a
country other than the United States, including any designated zone
or area in that country.
(4) As used in this section:
(a) "Expatriated business entity" means a corporation or an
affiliate of the corporation incorporated in a tax haven country
after September 11, 2001, but with the United States as the
principal market for the public trading of the corporation's stock.
(b) "Tax haven country" includes, but is not limited to, each
of the following: Barbados, Bermuda, British Virgin Islands, Cayman
Islands, Commonwealth of the Bahamas, Cyprus, Gibraltar, Isle of
Man, the Principality of Liechtenstein, the Principality of Monaco,
and the Republic of the Seychelles.
