Bill Text: MI SB0204 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Crimes; penalties; penalties for obscuring or removing a state vehicle designation; provide for. Amends secs. 213 & 215 of 1984 PA 431 (MCL 18.1213 & 18.1215).

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2015-04-23 - Referred To Committee Of The Whole [SB0204 Detail]

Download: Michigan-2015-SB0204-Introduced.html

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SENATE BILL No. 204

 

 

March 12, 2015, Introduced by Senators SCHUITMAKER, COLBECK, BRANDENBURG, O'BRIEN, JONES, KNOLLENBERG, BOOHER and ROBERTSON and referred to the Committee on Judiciary.

 

 

 

     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:

 

     (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 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.

 

     (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 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 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 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.

 

     (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.

 

     (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.

 

     (7) A state employee who removes or conceals distinctive

 

registration plates or other external markings that clearly

 

identify state ownership of a motor vehicle assigned to that

 

employee in violation of a directive issued under subsection (2)(h)

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 90 days or a fine of not more than $1,000.00, or both. This

 

subsection does not apply to a state employee whose assigned motor

 

vehicle is not marked because the motor vehicle is for

 

investigative use or because anonymity is essential to properly

 

perform a necessary function of state government as determined by

 

the director.

 

     Sec. 215. (1) As used in this section, "motor vehicle" means a

 

motor vehicle which is as defined in section 213(1) and that is

 

owned by any of the following:

 

     (a) The state transportation department.

 

     (b) The department of natural resources.

 

     (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. 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 subdivision (a) may be assigned a motor vehicle which

 

that 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.

 

     (3) A state employee who removes or conceals distinctive

 

registration plates or other external markings that clearly

 

identify state ownership of a motor vehicle assigned to that

 

employee under this section is guilty of a misdemeanor punishable

 

by imprisonment for not more than 90 days or a fine of not more

 

than $1,000.00, or both. This subsection does not apply to a state

 

employee whose assigned motor vehicle is not marked because the

 

motor vehicle is for investigative use or because anonymity is

 

essential to properly perform a necessary function of state

 

government as determined by the director.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.