HOUSE BILL No. 5314


     February 8, 2000, Introduced by Reps. Mortimer, Garcia, Gosselin, Julian and Jansen and referred to the Committee on House
Oversight and Operations.


        A bill to amend 1984 PA 431, entitled

   "The management and budget act,"

   by amending section 261 (MCL 18.1261), as amended by 1993 PA 46.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 261.  (1) The department shall provide for the purchase

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      of, the contracting for, and the providing of supplies, materi-

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      als, services, insurance, utilities, third party financing,

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      equipment, printing, and all other items as needed by state agen-

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      cies for which the legislature has not otherwise expressly

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      provided.  In all purchases made by the department, all other

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      things being equal, preference shall be given to products manu-

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      factured or services offered by Michigan-based firms, if consis-

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      tent with federal statutes.  The department shall solicit

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      competitive bids from the private sector whenever practicable to

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      efficiently and effectively meet the state's needs.  The


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      department shall first determine that competitive solicitation of

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      bids in the private sector is not appropriate before it shall use

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      any other procurement method for an acquisition.

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           (2) The department shall make all discretionary decisions

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      concerning the solicitation, award, amendment, cancellation, and

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      appeal of state contracts.

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           (3) The department shall utilize competitive bidding for all

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      purchases authorized pursuant to subsection (1) unless the

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      department has determined that another procurement method is in

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      the state's best interests.

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           (4) The department may delegate its procurement authority to

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      other state agencies within dollar limitations and for designated

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      types of procurements.  The department may withdraw delegated

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      authority upon a finding that a state agency did not comply with

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      departmental procurement directives.

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           (5) The department may enter into lease purchases or

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      installment purchases for periods not exceeding the anticipated

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      useful life of the items purchased unless otherwise prohibited by

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      law.

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           (6) The department shall issue directives for the procure-

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      ment, receipt, inspection, and storage of supplies, materials,

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      and equipment, and for printing and services needed by state

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      agencies.  The department shall provide standard specifications

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      and standards of performance applicable to purchases.

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           (7) The department may enter into a cooperative purchasing

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      agreement with 1 or more other states or public entities for the





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      purchase of goods, including, but not limited to, recycled goods,

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      and services necessary for state programs.

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           (8) THE DEPARTMENT, ALL STATE AGENCIES, AND THE JUDICIAL

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      BRANCH SHALL NOT CONTRACT WITH A PERSON CONVICTED OF KILLING A

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      PEACE OFFICER OR CONTRACT WITH A BUSINESS ENTITY THAT HAS A

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      PERSON CONVICTED OF KILLING A PEACE OFFICER AS AN EMPLOYEE FOR

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      THE PROCUREMENT OF ANY GOODS OR SERVICES PROVIDED IN THIS ACT.

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           (9) AS USED IN THIS SECTION:

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           (A) "KILLING A PEACE OFFICER" MEANS COMMITTING MURDER IN

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      VIOLATION OF SECTION 316 OR 317 OF THE MICHIGAN PENAL CODE, 1931

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      PA 328, MCL 750.316 AND 750.317, IN WHICH THE VICTIM WAS A PEACE

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      OFFICER.

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           (B) "PEACE OFFICER" MEANS 1 OR MORE OF THE FOLLOWING:

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           (i) A POLICE OFFICER OF THIS STATE OR A POLITICAL SUBDIVI-

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      SION OF THIS STATE.

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           (ii) A POLICE OFFICER OF ANY ENTITY OF THE UNITED STATES.

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           (iii) THE SHERIFF OF A COUNTY OF THIS STATE OR THE SHERIFF'S

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      DEPUTY.

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           (iv) A PUBLIC SAFETY OFFICER OF A COMMUNITY COLLEGE, COL-

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      LEGE, OR UNIVERSITY WHO IS AUTHORIZED BY THE GOVERNING BOARD OF

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      THAT COLLEGE OR UNIVERSITY TO ENFORCE STATE LAW AND THE RULES AND

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      ORDINANCES OF THAT COLLEGE OR UNIVERSITY.

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           (v) A CONSERVATION OFFICER OF THE DEPARTMENT OF NATURAL

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      RESOURCES.

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           (vi) A CONSERVATION OFFICER OF THE UNITED STATES DEPARTMENT

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      OF THE INTERIOR.





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           (vii) A PRISON OR JAIL GUARD OR OTHER EMPLOYEE OF A JAIL OR

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      A STATE OR FEDERAL CORRECTIONAL FACILITY, WHO PERFORMS DUTIES

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      INVOLVING THE TRANSPORTATION, CARE, CUSTODY, OR SUPERVISION OF

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      PRISONERS.
















































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