Bill Text: MI HB4464 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Public employees and officers: ethics; members of the state board of ethics; revise eligibility and recusal requirements. Amends sec. 4 of 1973 PA 196 (MCL 15.344). TIE BAR WITH: HB 4465'21
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-10 - Bill Electronically Reproduced 03/09/2021 [HB4464 Detail]
Download: Michigan-2021-HB4464-Introduced.html
HOUSE BILL NO. 4464
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 4 (MCL 15.344).
the people of the state of michigan enact:
Sec. 4. (1) The Subject to subsection (2), the board of ethics shall consist of 7 members appointed by the governor, with the advice and consent of the senate, 1 of whom shall be designated as chairman and all of whom shall be residents of the state and not associated with public employment. Not more than 4 members of the board shall be members of the same political party. Initial appointments shall be made for terms commencing 30 days after the effective date of this act. Of those first appointed, 2 shall serve for 1 year, 2 shall serve for 2 years, and 3 shall serve for 3 years. For the 1 year, 2 year, and 3 year terms, at least 1 member appointed for each such term shall be of the same political party. In the event of a vacancy, the governor shall fill the vacancy for the remainder of the term. Subsequent to the initial appointments, members shall be appointed for terms of 4 years.
(2) The attorney general and the state personnel director shall serve ex officio without the right to vote.
(3) Four members of the board shall constitute a quorum and the affirmative vote of 4 members shall be is necessary for any action. Members of the board shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. With the consent of the civil service commission, the state personnel director shall designate an employee of the department of civil service, acceptable to the board, to act as executive secretary of the board and shall provide clerical or administrative assistance from the department of civil service as requested by the board. may, from time to time, request.
(4) An individual is ineligible to serve as a member of the board if any of the following apply:
(a) The individual has, at any time, been registered as a lobbyist or lobbyist agent as those terms are defined in section 5 of 1978 PA 472, MCL 4.415.
(b) Subject to subsection (2), the individual has, at any time, served as an elected or appointed official of this state, except that the auditor general or his or her appointee may serve as a member.
(c) The individual has, at any time, served as a member of the house of representatives or senate of this state.
(d) The individual has been convicted of a misdemeanor or felony.
(5) If a board member or a member of his or her immediate family would derive a direct and specific benefit from a decision, recommendation, or opinion of the board, the member shall recuse himself or herself from the discussion and the vote on the issue.
(6) A board member or a member of his or her immediate family shall not accept a gift, a grant, a loan, labor, a contribution of money or property, or anything else of value if doing so might result in the appearance that the impartiality of the member has been compromised.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4465 (request no. 01997'21) of the 101st Legislature is enacted into law.
