Bill Text: MI HB4041 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Public employees and officers: state; use of TikTok on state devices; prohibit. Amends sec. 2 of 1973 PA 196 (MCL 15.342).
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced) 2023-01-25 - Bill Electronically Reproduced 01/24/2023 [HB4041 Detail]
Download: Michigan-2023-HB4041-Introduced.html
HOUSE BILL NO. 4041
A bill to amend 1973 PA 196, entitled
"An act to prescribe standards of conduct for public officers and employees; to create a state board of ethics and prescribe its powers and duties; and to prescribe remedies and penalties,"
by amending section 2 (MCL 15.342), as amended by 1984 PA 53.
the people of the state of michigan enact:
Sec. 2. (1) A public officer or employee shall not divulge to an unauthorized person, confidential information acquired in the course of employment in advance of the time prescribed for its authorized release to the public.
(2) A public officer or employee shall not represent his or her the public officer's or employee's personal opinion as that of an agency.
(3) A public officer or employee shall use personnel resources, property, and funds under the officer public officer's or employee's official care and control judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit.
(4) A public officer or employee shall not solicit or accept a gift or loan of money, goods, services, or other thing of value for the benefit of a person or organization, other than the state, which tends to influence the manner in which the public officer or employee or another public officer or employee performs official duties.
(5) A public officer or employee shall not engage in a business transaction in which the public officer or employee may profit from his or her the public officer's or employee's official position or authority or benefit financially from confidential information which that the public officer or employee has obtained or may obtain by reason because of that position or authority. Instruction which that is not done during regularly scheduled working hours except for annual leave or vacation time shall is not be considered a business transaction pursuant to under this subsection if the instructor does not have any direct dealing with or influence on the employing or contracting facility associated with his or her the instructor's course of employment with this state.
(6) Except as provided in section 2a, a public officer or employee shall not engage in or accept employment or render services for a private or public interest when if that employment or service is incompatible or in conflict with the discharge of the officer public officer's or employee's official duties or when if that employment may tend to impair his or her the public officer's or employee's independence of judgment or action in the performance of official duties.
(7) Except as provided in section 2a, a public officer or employee shall not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which the public officer or employee has a financial or personal interest.
(8) A public officer or employee shall not use TikTok on an electronic device that is owned, managed, or controlled by the public officer's or employee's employer. As used in this subsection, "TikTok" means the short-form video hosting service owned by the Chinese company ByteDance.
