HOUSE BILL No. 6134


     September 17, 1998, Introduced by Reps. Wojno, Brewer, Hale, Mans, Hanley, Olshove, Thomas and Parks and referred to the Committee on Appropriations.


        A bill to amend 1984 PA 431, entitled

   "The management and budget act,"

   (MCL 18.1101 to 18.1594) by adding section 261c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 261C.  (1) THE DEPARTMENT SHALL NOT ENTER INTO A PRIVA-

 2    TIZATION CONTRACT UNLESS THAT PRIVATIZATION CONTRACT CONTAINS ALL

 3    OF THE FOLLOWING PROVISIONS:

 4         (A) THE CONTRACTOR WILL OFFER AVAILABLE EMPLOYMENT POSITIONS

 5    TO CURRENT OR FORMER EMPLOYEES OF THIS STATE WHO WORKED FOR THE

 6    STATE AGENCY AND PERFORMED THE TASKS NOW BEING PERFORMED BY THE

 7    CONTRACTOR.

 8         (B) THE CONTRACTOR WILL COMPLY WITH ALL LAWS AND REGULATIONS

 9    REGARDING EMPLOYMENT, EMPLOYMENT DISCRIMINATION, AND EQUAL

10    OPPORTUNITY.




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 1         (C) THE CONTRACTOR COVENANTS THAT THE CONTRACTOR AND ITS

 2    OFFICERS, PARTNERS, MEMBERS, OR MANAGERIAL EMPLOYEES DO NOT HAVE

 3    AN ADJUDICATED RECORD OF SUBSTANTIAL OR REPEATED WILLFUL NONCOM-

 4    PLIANCE WITH ANY FEDERAL OR STATE REGULATORY LAW, INCLUDING, BUT

 5    NOT LIMITED TO, LAWS CONCERNING LABOR RELATIONS, OCCUPATIONAL

 6    SAFETY AND HEALTH, EMPLOYMENT DISCRIMINATION, AFFIRMATIVE ACTION,

 7    ENVIRONMENTAL PROTECTION, OR CONFLICT OF INTEREST.

 8         (D) THE CONTRACTOR WILL NOT PAY A WAGE LESS THAN THE AVERAGE

 9    WAGE PAID IN THE PRIVATE SECTOR FOR THE SAME OR SIMILAR WORK AS

10    DETERMINED BY THE DEPARTMENT.

11         (E) THE CONTRACTOR WILL PAY A PERCENTAGE OF THE WAGE OF AN

12    EMPLOYEE FOR A MEDICAL HEALTH PLAN FOR ITS EMPLOYEES AS DETER-

13    MINED BY THE DEPARTMENT.  THE DEPARTMENT SHALL NOT DETERMINE A

14    PERCENTAGE LESS THAN THE COMPARABLE PERCENTAGE THIS STATE PAYS ON

15    AVERAGE FOR ITS EMPLOYEES.

16         (2) AS USED IN THIS SECTION, "PRIVATIZATION CONTRACT" MEANS

17    A WRITTEN CONTRACTUAL AGREEMENT OR COMBINATION OF AGREEMENTS IN

18    WHICH A PERSON WHO IS NOT A GOVERNMENTAL AGENCY AGREES TO PROVIDE

19    SERVICES TO 1 OR MORE STATE AGENCIES, VALUED AT MORE THAN

20    $100,000.00, THAT ARE SUBSTANTIALLY SIMILAR TO AND IN LIEU OF

21    SERVICES PREVIOUSLY PROVIDED, IN WHOLE OR IN PART, BY EMPLOYEES

22    OF THIS STATE.  AN AGREEMENT SOLELY TO PROVIDE LEGAL, MANAGEMENT

23    CONSULTING, PLANNING, ENGINEERING, OR DESIGN SERVICES IS NOT A

24    PRIVATIZATION CONTRACT.









   06500'98          Final page.                            JLB