Bill Text: MI HB5381 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Local government; other; local governments awarding contracts to vendors that made political contributions in the previous 12-month period; prohibit. Creates new act.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-03-05 - Printed Bill Filed 03/05/2014 [HB5381 Detail]

Download: Michigan-2013-HB5381-Introduced.html

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HOUSE BILL No. 5381

 

March 4, 2014, Introduced by Reps. Townsend, Switalski, Cavanagh, Yanez and Oakes and referred to the Committee on Elections and Ethics.

 

     A bill to regulate the awarding of certain contracts by local

 

governments; to require that local governments include certain

 

provisions in certain contracts; and to provide for penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"ethics in local government contracts act".

 

     Sec. 3. As used in this act:

 

     (a) "Immediate family member" means a spouse, child, sibling,

 

or parent of the individual and includes anyone who the individual

 

or the individual's spouse claims as a dependent on his or her

 

United States income tax return during the 12 months immediately

 

preceding the award of the contract.

 

     (b) "Local government" means a county, city, township,

 

village, or metropolitan district.

 

     Sec. 5. (1) A local government shall not award a contract with

 

a value of $25,000.00 or more for construction, goods, or services

 

to a vendor or contractor if the vendor or contractor made a

 

contribution of $100.00 or more that was reportable under the

 

Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282,

 

to an individual holding an elective office in the local government

 

during the 12 months immediately preceding the award of the

 

contract.

 

     (2) A local government shall include a provision in each

 

contract with a value of $25,000.00 or more for construction,

 

goods, or services that the local government awards which requires

 

the vendor or contractor to certify that the vendor or contractor

 

will not make any contribution during the term of the contract to

 

an individual holding elective office in the local government with

 

a value that equals or exceeds the amount indicated in subsection

 

(1).

 

     (3) A violation of this section is considered a material

 

breach of the contract.

 

     (4) For purposes of this section, a contribution by an owner

 

of an interest of 10% or more in the vendor or contractor, or by an

 

immediate family member of an owner of an interest of 10% or more

 

in the vendor or contractor, is considered to be a contribution by

 

the vendor or contractor.