Bill Text: MI HB5360 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Public employees and officers; ethics; legislators and state officers applying for or receiving certain grants from the state; prohibit. Amends title & sec. 2 of 1968 PA 318 (MCL 15.302).

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2012-03-29 - Re-referred To Committee On Redistricting And Elections [HB5360 Detail]

Download: Michigan-2011-HB5360-Introduced.html

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HOUSE BILL No. 5360

 

February 2, 2012, Introduced by Reps. Talabi, Bauer, Irwin, Townsend, Byrum, Segal, Slavens, Liss, Lindberg, Barnett, Hammel, Durhal and Howze and referred to the Committee on Redistricting and Elections.

 

     A bill to amend 1968 PA 318, entitled

 

"An act to implement the provisions of section 10 of article 4 of

the constitution relating to substantial conflicts of interest on

the part of members of the legislature and state officers in

respect to contracts with the state and the political subdivisions

thereof; to provide for penalties for the violation thereof; to

repeal all acts and parts of acts in conflict with this act; and to

validate certain contracts,"

 

by amending the title and section 2 (MCL 15.302).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to implement the provisions of section 10 of article 4

 

IV of the state constitution of 1963 relating to substantial

 

conflicts of interest on the part of members of the legislature and

 

state officers in respect to grants from and contracts with the

 

state and the political subdivisions thereof; to provide for

 

penalties for the violation thereof; to repeal all acts and parts

 

of acts in conflict with this act; and to validate certain

 

contracts.

 

     Sec. 2. (1) No A member of the legislature , herein referred

 

to as a "legislator", nor any or a state officer shall not be

 

interested directly or indirectly in any contract with the this

 

state or any a political subdivision thereof which shall cause of

 

this state that causes a substantial conflict of interest.

 

     (2) A member of the legislature, the governor, the lieutenant

 

governor, the secretary of state, or the attorney general shall not

 

directly or indirectly apply for or accept the award of a grant

 

funded by the state during his or her term of office if the grant

 

is not specifically in furtherance of duties of the office. This

 

prohibition does not apply to a grant to subsidize education at an

 

institution of higher education as defined in section 1 of 1988 PA

 

457, MCL 29.411, which grant is offered through a program available

 

on equal terms to members of the general public.

 

     (3) As used in this act, "conflict of interest" means a

 

personal interest, or the likelihood of a personal interest, in

 

deriving a direct monetary gain or suffering a direct monetary

 

loss. The likelihood of a personal interest in a direct monetary

 

gain or loss exists if a benefit or detriment could reasonably be

 

expected to accrue to the legislator or state officer as a member

 

of a business, profession, occupation, or group, to a greater

 

extent than to any other member of that business, profession,

 

occupation, or group. It is a substantial conflict of interest for

 

a legislator, the governor, the lieutenant governor, the secretary

 

of state, or the attorney general to participate in the negotiation

 

of a state contract with a party that has made a contribution to a

 

campaign committee of that individual.