HOUSE BILL NO. 5066

A bill to amend 1984 PA 431, entitled

"The management and budget act,"

by amending sections 113, 114, 241, 241c, and 261 (MCL 18.1113, 18.1114, 18.1241, 18.1241c, and 18.1261), section 113 as amended by 2018 PA 389, section 114 as amended by 2001 PA 61, section 241 as amended by 2012 PA 430, section 241c as added by 2016 PA 527, and section 261 as amended by 2020 PA 174, and by adding section 272.

the people of the state of michigan enact:

Sec. 113. (1) "Capital outlay" means a project or facility financed either in whole or in part with state funds, including lease purchase agreements, to demolish, construct, renovate, or equip a building or facility for which total project costs exceed $1,000,000.00. These projects may be on state owned property, property owned by an institution of higher education, property owned by community colleges, or property under the control of the state building authority.

(2) "Community college" means a community college or a junior college.

(3) "Controlled entity" means an entity to which any of the following apply:

(a) The entity is owned by the government of a foreign country of concern.

(b) The government of a foreign country of concern has a controlling interest in the entity.

(c) The entity is organized under the laws of, or has its principal place of business in, a foreign country of concern.

(4) "Controlling interest" means the possession of the power to direct or cause the direction of the management or policies of an entity, whether through ownership of securities, by contract, or otherwise. A government that directly or indirectly has the right to vote 25% or more of the voting interests of an entity or is entitled to 25% or more of the entity's profit is presumed to possess a controlling interest.

(5) (3) "Department" means the department of technology, management, and budget.

(6) (4) "Directives" means intergovernmental, interagency, or interdepartment administrative or procedural guidelines or instructions which that do not affect the rights of, or procedures and practices available to, the public.

(7) (5) "Director" means the director of the department of technology, management, and budget.

(8) (6) "Energy conservation measure" means improvement of a building structurally or the installation of equipment or materials in a building for the purpose of reducing energy consumption or cost, increasing energy efficiency, or allowing the use of a renewable resource for fuel.

Sec. 114. (1) "Facility" means a building or structure along with the building's or structure's grounds, approaches, services, and appurtenances owned by, or leased through a building authority by, the state such as office buildings, research buildings, academic buildings, laboratories, hospitals, prisons, recreational structures, garages, warehouses, physical plant buildings, energy or power plants, and any other building or project included by the director if the director considers the building or project to be in the public interest. Facility does not include any of the following:

(a) A building or structure for an institution of higher education except as mutually agreed upon on by the director and the governing board of the state institution of higher education.

(b) A road, bridge, or railroad under the jurisdiction of the state transportation department.

(c) An existing building or structure which that is mutually agreed to be excluded from the definition of facility by the department and the state agency having jurisdiction over the building or structure.

(d) The capitol building and grounds. As used in this subdivision, "grounds" means the property upon on which the state capitol building State Capitol Building is situated, bordered on the north by Ottawa street; Street, on the east by Capitol avenue; Avenue, on the south by Allegan street; Street, and on the west by Walnut street.Street.

(e) A building or structure owned by, or under the jurisdiction of, the legislature.

(2) "Fiscal agencies" means the senate fiscal agency and the house fiscal agency.

(3) "Foreign country of concern" means any of the following:

(a) The People's Republic of China.

(b) The Russian Federation.

(c) The Islamic Republic of Iran.

(d) The Democratic People's Republic of Korea.

(e) The Republic of Cuba.

(f) The Venezuelan reg