Bill Summary – FastDemocracy

HOUSE BILL NO. 5324
     November 09, 2023, Introduced by Reps. Wendzel, Aragona, Bierlein, Johnsen, BeGole, St.
       Germaine, Phil Green and Jaime Greene and referred to the Committee on Government
       Operations.
           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
as amended by 2006 PA 269 and section 215 as amended by 1988 PA

                    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
        Sec. 213. (1) As used in this section:Beginning on the
 effective date of the amendatory act that added this subsection,
 the department or a state agency may not enter into a contract with
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 a person to acquire an electric motor vehicle or any electric motor
 vehicle component unless the person provides the department or
 state agency with a sworn declaration from the manufacturer of the
 electric motor vehicle or electric motor vehicle component
 certifying that every person involved in the production of the
 electric motor vehicle or electric motor vehicle component, and
 every person involved in the mining or sourcing of the material
 used in the electric motor vehicle or electric motor vehicle
 component, did not use forced labor or oppressive child labor in
 the production, mining, or sourcing of the electric motor vehicle
 or electric motor vehicle component.
       (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 Subject to subsection (1), the purchasing, leasing,
 maintaining, operating, replacing, and disposing of motor vehicles
 for all state agencies.
       (b) The using of state owned 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
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 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 must be reviewed periodically and shall
 must 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 must 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 must be credited to the motor transport revolving fund. The
 amounts in the motor transport revolving fund are continuously
 appropriated only for administration and the acquisition, lease,
 operation, maintenance, repair, and replacement of state owned
 state-owned motor vehicles and related capital outlay and
 equipment.
       (5) Assets and liabilities of the motor transport revolving
 fund shall be considered are assets and liabilities of the motor
 transport revolving fund created by this section.
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       (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 state-owned motor vehicles capable of
 utilizing alternative fuels are able to use them.
       (7) As used in this subsection, "alternative section:
       (a) "Alternative fuel" means E85 fuel and biodiesel fuel
 blends.
       (b) "Electric motor vehicle" means a motor vehicle that is
 propelled to a significant extent by an electric motor that draws
 electricity from a battery that is capable of being recharged from
 an external source of electricity.
       (c) "Forced labor" means any of the following:
       (i) Any work or service that is obtained by any of the
 following:
       (A) Any force, fraud, or coercion, including, but not limited
 to, by threat of serious harm to, or physical restraint against, an
 individual.
       (B) A scheme, plan, or pattern intended to cause an individual
 to believe that if the individual did not perform the labor or
 service, that individual, or another individual, would suffer
 serious harm or physical restraint.
       (C) Any abuse or threatened abuse of law or the legal process.
       (ii) Any work or service that is imposed on the basis of a
 protected characteristic.
       (iii) Any work or service that is not offered or provided
 voluntarily by the individual.
       (iv) Any work or service that is produced through oppressive
 child labor.
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       (d) "Motor vehicle" means a passenger vehicle, van, minibus,
 bus, truck, tractor, or other motorized vehicle.
       (e) "Oppressive child labor" means a condition of employment
 under which an individual who is under 16 years of age is employed
 in an occupation that is hazardous for the employment of children,
 including, but not limited to, manufacturing or mining.
       (f) "Protected characteristic" means a characteristic that is
 protected under the Elliott-Larsen civil rights act, 1976 PA 453,
 MCL 37.2101 to 37.2804.
       Sec. 215. (1) As used in this section, "motor vehicle" means a
 motor vehicle which is defined in section 213(1) and is owned by
 any of the following:
       (a) The state transportation department.
       (b) The department of natural resources.
       (1) (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 technology, 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 under 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
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 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
 must be recorded in accordance with regulations issued by the
 internal revenue service Internal Revenue Service and directives
 issued by the department.
       (e) A motor vehicle shall not be used for personal use.
       (2) As used in this section, "motor vehicle" means a passenger
 vehicle, van, minibus, bus, truck, tractor, or other motorized
 vehicle that is owned by either of the following:
       (a) The state transportation department.
       (b) The department of natural resources.
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Statutes affected: 
House Introduced Bill: 18.1213, 18.1215