July 10, 2007, Introduced by Reps. Corriveau, Leland, Byrum, Valentine, Simpson, Angerer, Lemmons, Ebli, Griffin, Lindberg, Wojno, Gonzales, Warren, Melton, Meadows, Hammon, Sak, Brown, Miller, Clack, Robert Jones, Vagnozzi and Dean and referred to the Committee on Government Operations.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending sections 115, 213, and 215 (MCL 18.1115, 18.1213, and
18.1215), section 115 as amended by 1999 PA 8, 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. 115. (1) "Institution of higher education" means a state
supported 4-year college or university.
(2) "JCOS" means the joint capital outlay subcommittee of the
appropriations committees.
(3) Except as used in sections 284 to 292, "record" means a
public record as defined in section 2 of the freedom of information
act, 1976 PA 442, MCL 15.232.
(4) "State agency" means a department, board, commission,
office,
agency, authority, or other unit of state government, .
State
agency but does not include an any of the following:
(a) An institution of higher education or a community college.
or,
for
(b) For purposes of article 2 or 3, except for those sections
pertaining to the assignment, use, purchase, or lease of a motor
vehicle by the department, the legislative branch of government.
(c) For purposes of article 2 or 3, except for those sections
pertaining to the authorization, planning, construction, and
funding of a capital outlay project, including construction of a
facility to house offices or functions necessary for operation of
the
judicial branch of government, state agency does not include or
those sections pertaining to the assignment, use, purchase, or
lease of a motor vehicle by the department, the judicial branch of
government.
(5) "Unit of local government" means a political subdivision
of this state, including school districts, community college
districts, intermediate school districts, cities, villages,
townships, counties, and authorities, if the political subdivision
has as its primary purpose the providing of local governmental
service for citizens in a geographically limited area of the state
and has the power to act primarily on behalf of that area.
Sec. 213. (1) As used in this section:
(a) "Fund" means the motor transport revolving fund created in
subsection
(4) (5).
(b) "Motor vehicle" means a passenger vehicle, van, minibus,
bus, truck, tractor, or other motorized vehicle.
(2)
The Except as provided in
section 215, 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 purchasing, leasing, maintaining, operating,
replacing, and disposing of motor vehicles for all state agencies.
(b) The using of state owned motor vehicles for official
business. A state owned or leased motor vehicle shall not be used
for any personal use.
(c) The establishing of conditions for use of privately owned
motor vehicles on official business. The legislature may establish
conditions for the use of privately owned motor vehicles for
official legislative business. The judicial branch may establish
conditions for the use of privately owned motor vehicles for
official judicial 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. A motor vehicle shall not be assigned on the basis of
the public office held, job classification, job title, as a
management perquisite, or as an employment benefit. However, a
motor vehicle may be assigned if the department determines that
either of the following applies:
(i) An assigned vehicle is necessary to perform job duties.
(ii) An assigned vehicle is necessary for security reasons.
(g) The establishing of rates to be charged for use of a motor
vehicle. The rates shall be reviewed periodically and shall 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 clearly identify state ownership unless the motor
vehicle
is used by an elected official, or for an investigative
use, or anonymity is essential for security or to properly perform
a necessary function of state government as determined by the
director.
(3) A state owned or leased motor vehicle shall not be used
for personal use by an employee of the legislative or judicial
branch of government. An employee or officer of the legislative or
judicial branch of government is subject to subsection (2)(f) to
the same extent as an employee or officer of a state agency or
institution of higher education.
(4) (3)
The department shall establish
motor vehicle repair
centers and motor pools.
(5) (4)
The motor transport revolving fund
is hereby created.
The revenue received from rates charged pursuant to subsection
(2)(g) and revenue which is received from any other source and
designated to be credited to the motor transport revolving fund
shall be credited to the motor transport revolving fund. The
amounts in the fund are continuously appropriated only for
administration and the acquisition, lease, operation, maintenance,
repair, and replacement of state owned motor vehicles and related
capital outlay and equipment.
(6) (5)
Assets and liabilities of the motor
transport
revolving fund shall be considered assets and liabilities of the
motor transport revolving fund created by this section.
(7) (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 vehicles capable of utilizing
alternative fuels are able to use them. As used in this subsection,
"alternative fuel" means E85 fuel and biodiesel fuel blends.
Sec.
215. (1) As used in this section, "motor vehicle" means a
motor
vehicle which is that term as
defined in section 213(1). and
is
(2)
This section applies to motor vehicles owned
by any either
of the following:
(a) The state transportation department.
(b) The department of natural resources.
(3) (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 management and budget, may be assigned a motor
vehicle for official business use only. A person who is assigned a
motor
vehicle pursuant to this subdivision may utilize the motor
vehicle
between the person's residence and official work station.
(b)
A state Except as provided
in subdivision (a), a motor
vehicle shall not be assigned on the basis of the public office
held, job classification, job title, as a management perquisite, or
as
an employment benefit. An employee who
may not be assigned a
motor
vehicle pursuant to other
than an employee described in
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
be recorded in accordance with regulations issued by the internal
revenue service and directives issued by the department.
(e) A motor vehicle shall not be used for personal use.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
03562'07) of the 94th Legislature is enacted into law.