May 24, 2007, Introduced by Reps. Amos, Rocca, Green, Miller, Ward, Meisner, Accavitti, Shaffer, Meekhof, Emmons, Gonzales, Sheltrown, Gaffney, Hune, Nofs, Dean, Sheen, Robertson, Hansen, David Law, Casperson, Palsrok, Booher, Steil and Agema and referred to the Committee on Oversight and Investigations.
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. However, a director of a principal department or state
agency or the state surgeon general shall not be assigned a motor
vehicle.
(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 subsection (2)(g)
and revenue which 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.
Sec.
215. (1) As used in this section, "motor vehicle" means a
motor
vehicle which is that term as
defined in section 213(1). and
is
(2)
This section applies to motor vehicles owned
by any of the
following:
(a)
The the state transportation department .
(b)
The and the department of natural resources.
(3) (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 or the state surgeon
general
shall not be assigned a motor vehicle. A
person who is
assigned
a motor vehicle pursuant to 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 other than an individual
described in 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
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.