Bill Text: MI SB0793 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: State financing and management; purchasing; supplies, services, leases, and rental agreements; establish procurement requirements. Amends sec. 221 of 1984 PA 431 (MCL 18.1221) & adds sec. 260.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-11-02 - Referred To Committee On Appropriations [SB0793 Detail]

Download: Michigan-2011-SB0793-Introduced.html

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SENATE BILL No. 793

 

 

November 2, 2011, Introduced by Senators JONES, SCHUITMAKER, NOFS, PROOS and PAPPAGEORGE and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1984 PA 431, entitled

 

"The management and budget act,"

 

by amending section 221 (MCL 18.1221), as amended by 1999 PA 8, and

 

by adding section 260.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 221. (1) The director may provide for the rental and

 

lease of land and facilities for the use of state agencies in the

 

manner provided by law. The rentals and leases shall not be A space

 

or facilities lease, lease renewal, or lease extension of

 

$100,000.00 or more, or any space or facilities rental agreement

 

for less than 2 years at $2,000.00 per month or more, shall be

 

awarded through a competitive bid process. The specifications in

 

the bid solicitation shall be stated in the most general terms that

 

will meet the agency's needs. A waiver of the requirement for

 

competitive bids may be granted in exceptional circumstances by

 

unanimous vote of the board with notification to the joint capital

 

outlay subcommittee. A rental or lease agreement is not effective

 

unless approved by the board.

 

     (2) If a project costs more than $1,000,000.00 and consists of

 

less than 25,000 gross square feet, the department shall notify the

 

joint capital outlay subcommittee in writing of its intent to

 

proceed with such a facility. The notice shall be given 30 days

 

before the lease contract providing for the proposed constructions

 

construction is entered into.

 

     (3) If the director proposes to lease space or a facility

 

which that meets either any of the following criteria, approval of

 

the joint capital outlay subcommittee is required prior to board

 

approval:

 

     (a) The space or facility exceeds 25,000 gross square feet.

 

     (b) The annual base cost of the proposed lease is more than

 

$500,000.00.

 

     (4) For the purposes of this section, the renewal of an

 

existing lease will require requires the approval of the joint

 

capital outlay subcommittee if the renewal results would result in

 

changes to the lease that would cause it to meet the requirements

 

outlined in subsection (3).

 

     (5) The department may grant easements , upon terms and

 

conditions the board determines are just and reasonable , for

 

highway and road purposes, and for constructing, operating, and

 

maintaining pipelines or electric, telephone, telegraph,

 

television, gas, sanitary sewer, storm sewer, or other utility

 

lines including all supporting fixtures and other appurtenances

 

over, through, under, upon, and across any land belonging to this

 

state, except lands under the jurisdiction of the department of

 

natural resources, the department of military affairs, or the state

 

transportation department.

 

     (6) The department shall determine annually the prevailing

 

market rental values of all state owned office facilities and

 

private facilities which provide housing for state employees. The

 

rental values determined pursuant to under this subsection shall

 

are not be effective unless approved by the board. The renting,

 

leasing, or licensing of state owned land and facilities to private

 

and public entities shall be at prevailing market rental values or

 

at actual costs as determined by the director.

 

     (7) The department shall charge state agencies for building

 

occupancy in state owned facilities under the jurisdiction of the

 

department. The rates to be charged for building occupancy shall be

 

coordinated with the budget cycle. The rates shall reflect the

 

actual cost for occupancy of the facilities.

 

     Sec. 260. An employee or officer of the department who is

 

responsible for any part of the process leading up to and including

 

either the procurement of supplies, equipment, or services or the

 

award of a rental agreement, lease, or construction contract shall

 

not meet with an individual who is required to be registered as a

 

lobbyist or lobbyist agent under 1978 PA 472, MCL 4.411 to 4.431,

 

outside of normal work hours or outside of a governmental workplace

 

unless the meeting has been posted as open to the public in accord

 

with the notice requirements in the open meetings act, 1976 PA 267,

 

MCL 15.261 to 15.275.