September 24, 2009, Introduced by Reps. Rick Jones, Opsommer, Tyler, Genetski, Lund, Agema, Meekhof, Schuitmaker, Rocca, Sheltrown, McMillin, Calley, 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.