Bill Text: MI HB5466 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: State financing and management; purchasing; competitive bidding of leases and rental agreements; require, and establish certain publishing requirements. Amends sec. 221 of 1984 PA 431 (MCL 18.1221).

Spectrum: Moderate Partisan Bill (Republican 21-3)

Status: (Introduced - Dead) 2009-09-25 - Printed Bill Filed 09/25/2009 [HB5466 Detail]

Download: Michigan-2009-HB5466-Introduced.html

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HOUSE BILL No. 5466

 

September 24, 2009, Introduced by Reps. Calley, Rick Jones, Opsommer, Tyler, Genetski, Lund, Agema, Meekhof, Schuitmaker, Rocca, Sheltrown, McMillin, DeShazor, Kurtz, Hildenbrand, LeBlanc, Polidori, Hansen, Kowall, Marleau, Knollenberg, Green, Ball and Moss and referred to the Committee on Judiciary.

 

     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 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 state administrative 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

 

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) 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.

 

     (8) After the award of a lease through the competitive bid

 

process required in subsection (1), the bids shall be public

 

records subject to disclosure as provided in the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.