Bill Text: MI HB5306 | 2009-2010 | 95th Legislature | Introduced
Bill Title: State financing and management; purchasing; competitive bidding process for certain lease agreements; provide for. Amends sec. 221 of 1984 PA 431 (MCL 18.1221).
Spectrum: Strong Partisan Bill (Republican 28-3)
Status: (Introduced - Dead) 2009-09-09 - Printed Bill Filed 09/03/2009 [HB5306 Detail]
Download: Michigan-2009-HB5306-Introduced.html
HOUSE BILL No. 5306
September 2, 2009, Introduced by Reps. Kowall, Walsh, Haines, Rick Jones, Elsenheimer, Agema, Green, Marleau, Rogers, Rocca, Tyler, Lori, Ball, Paul Scott, Wayne Schmidt, Calley, McMillin, Daley, Pavlov, Crawford, Liss, Knollenberg, Meekhof, Moss, Genetski, Scripps, Lund, Bolger, Moore, Horn and Sheltrown and referred to the Committee on Government Operations.
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.
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
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 the facility. The notice shall be given 30 days
before the lease contract providing for the proposed constructions
is entered into.
(3) If the director proposes to lease space or a facility
which
that meets either 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 the approval of the joint capital
outlay subcommittee if the renewal results in changes to the lease
that would cause it to meet the requirements outlined in subsection
(3).
(5) Beginning October 1, 2009, the department shall
competitively solicit the rental, lease, or lease purchase of land
or facilities for a state agency if either of the following
applies:
(a) The rental or lease meets the cost or gross square feet
requirements contained in subsection (2) or (3).
(b) The lease purchase otherwise meets the cost or gross
square feet requirements contained in subsection (2) or (3).
(6) (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.
(7) (6)
The department shall determine
annually the prevailing
market rental values of all state owned office facilities and
private
facilities which that 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.
(8) (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.
