Bill Text: MI HB5324 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: State management: purchasing; state procurement of electric motor vehicles made with forced labor or oppressive child labor; prohibit. Amends secs. 213 & 215 of 1984 PA 431 (MCL 18.1213 & 18.1215).
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2023-11-14 - Bill Electronically Reproduced 11/09/2023 [HB5324 Detail]
Download: Michigan-2023-HB5324-Introduced.html
HOUSE BILL NO. 5324
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending sections 213 and 215 (MCL 18.1213 and 18.1215), section 213 as amended by 2006 PA 269 and section 215 as amended by 1988 PA 504.
the people of the state of michigan enact:
Sec. 213. (1) As used in this section:Beginning on the effective date of the amendatory act that added this subsection, the department or a state agency may not enter into a contract with a person to acquire an electric motor vehicle or any electric motor vehicle component unless the person provides the department or state agency with a sworn declaration from the manufacturer of the electric motor vehicle or electric motor vehicle component certifying that every person involved in the production of the electric motor vehicle or electric motor vehicle component, and every person involved in the mining or sourcing of the material used in the electric motor vehicle or electric motor vehicle component, did not use forced labor or oppressive child labor in the production, mining, or sourcing of the electric motor vehicle or electric motor vehicle component.
(a) "Fund" means the motor transport revolving fund created in subsection (4).
(b) "Motor vehicle" means a passenger vehicle, van, minibus, bus, truck, tractor, or other motorized vehicle.
(2) The department may issue directives relative to all the following for motor vehicles except for those motor vehicles under the jurisdiction of the state transportation department:
(a) The Subject to subsection (1), the purchasing, leasing, maintaining, operating, replacing, and disposing of motor vehicles for all state agencies.
(b) The using of state owned state-owned motor vehicles for official business.
(c) The establishing of conditions for use of privately owned motor vehicles on official business.
(d) The acquiring of vehicle registration plates.
(e) The maintaining of motor vehicle titles and insurance inventories.
(f) The assigning of motor vehicles, permanently or temporarily, to state agencies and to institutions of higher education.
(g) The establishing of rates to be charged for use of a motor vehicle. The rates shall must be reviewed periodically and shall must be sufficient to cover the costs of administration and of the acquisition, operation, maintenance, repair, and replacement of motor vehicles.
(h) The displaying of distinctive vehicle registration plates and other external markings on the motor vehicles. The plates and markings shall must clearly identify state ownership unless the motor vehicle is used by an elected official, or for an investigative use, or anonymity is essential to properly perform a necessary function of state government as determined by the director.
(3) The department shall establish motor vehicle repair centers and motor pools.
(4) The motor transport revolving fund is hereby created. The revenue received from rates charged pursuant to under subsection (2)(g) and revenue which that is received from any other source and designated to be credited to the motor transport revolving fund shall must be credited to the motor transport revolving fund. The amounts in the motor transport revolving fund are continuously appropriated only for administration and the acquisition, lease, operation, maintenance, repair, and replacement of state owned state-owned motor vehicles and related capital outlay and equipment.
(5) Assets and liabilities of the motor transport revolving fund shall be considered are assets and liabilities of the motor transport revolving fund created by this section.
(6) Not later than January 1, 2007, the director shall install the necessary fueling infrastructure or contract with a supplier to supply alternative fuels at all state motor transport facilities so that all state owned state-owned motor vehicles capable of utilizing alternative fuels are able to use them.
(7) As used in this subsection, "alternative section:
(a) "Alternative fuel" means E85 fuel and biodiesel fuel blends.
(b) "Electric motor vehicle" means a motor vehicle that is propelled to a significant extent by an electric motor that draws electricity from a battery that is capable of being recharged from an external source of electricity.
(c) "Forced labor" means any of the following:
(i) Any work or service that is obtained by any of the following:
(A) Any force, fraud, or coercion, including, but not limited to, by threat of serious harm to, or physical restraint against, an individual.
(B) A scheme, plan, or pattern intended to cause an individual to believe that if the individual did not perform the labor or service, that individual, or another individual, would suffer serious harm or physical restraint.
(C) Any abuse or threatened abuse of law or the legal process.
(ii) Any work or service that is imposed on the basis of a protected characteristic.
(iii) Any work or service that is not offered or provided voluntarily by the individual.
(iv) Any work or service that is produced through oppressive child labor.
(d) "Motor vehicle" means a passenger vehicle, van, minibus, bus, truck, tractor, or other motorized vehicle.
(e) "Oppressive child labor" means a condition of employment under which an individual who is under 16 years of age is employed in an occupation that is hazardous for the employment of children, including, but not limited to, manufacturing or mining.
(f) "Protected characteristic" means a characteristic that is protected under the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804.
Sec. 215. (1) As used in this section, "motor vehicle" means a motor vehicle which is defined in section 213(1) and is owned by any of the following:
(a) The state transportation department.
(b) The department of natural resources.
(1) (2) A motor vehicle and the person to whom a motor vehicle is assigned is subject to the following restrictions:
(a) An unclassified employee who is a director of a principal department or of a state agency, as determined by the director of the department of technology, management, and budget, may be assigned a motor vehicle. A person who is assigned a motor vehicle pursuant to under this subdivision may utilize the motor vehicle between the person's residence and official work station.
(b) A state employee who may not be assigned a motor vehicle pursuant to under subdivision (a) may be assigned a motor vehicle which may be utilized between the person's residence and official work station only if both of the following conditions are satisfied:
(i) Adequate or safe work station parking is nonexistent; technical equipment on or in the motor vehicle requires a secure parking area which is not available at the person's work station; or it is in the best interest of the state to occasionally begin or end the assignment of the motor vehicle at the employee's residence.
(ii) The residence-to-official work station utilization is approved by the director of the employee's principal department or the authorized representative of the director of the employee's principal department.
(c) Except as provided in subdivisions (a) and (b), a person may utilize a motor vehicle for nonduty use only when the employee is on assignment away from the person's work station where other transportation is not available.
(d) The value of all mileage driven in a motor vehicle shall must be recorded in accordance with regulations issued by the internal revenue service Internal Revenue Service and directives issued by the department.
(e) A motor vehicle shall not be used for personal use.
(2) As used in this section, "motor vehicle" means a passenger vehicle, van, minibus, bus, truck, tractor, or other motorized vehicle that is owned by either of the following:
(a) The state transportation department.
(b) The department of natural resources.
