Bill Text: MI HB5649 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Housing; housing development authority; contracts; prohibit conflicts of interest and require competitive bidding. Amends 1966 PA 366 (MCL 125.1401 - 125.1499c) by adding sec. 14.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-22 - Printed Bill Filed 05/18/2012 [HB5649 Detail]
Download: Michigan-2011-HB5649-Introduced.html
HOUSE BILL No. 5649
May 17, 2012, Introduced by Rep. McMillin and referred to the Committee on Commerce.
A bill to amend 1966 PA 346, entitled
"State housing development authority act of 1966,"
(MCL 125.1401 to 125.1499c) by adding section 14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) The authority shall comply with the state
financial management guide issued by the department of technology,
management, and budget pursuant to the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594, including, but not limited to,
provisions prohibiting advance contract payments without the
approval of the department of technology, management, and budget.
(2) The authority shall utilize competitive solicitation for
any contract, including a contract renewal or group of contracts to
be awarded to a single company, of $25,000.00 or more.
(3) Except as provided in subsection (5) or (6), a member or
employee of the authority shall not engage in or accept employment
with or render services for another person if that employment or
service is incompatible or in conflict with the discharge of the
member or employee's official duties or if that employment may tend
to impair his or her independence of judgment or action in the
performance of official duties.
(4) Except as provided in subsection (5) or (6), a member or
employee of the authority shall not participate in the negotiation
or execution of contracts, making of loans, granting of subsidies,
fixing of rates, issuance of certificates, or other regulation or
supervision relating to a business entity in which the member or
employee has a financial or personal interest.
(5) Subject to subsection (6), a member of the authority may
vote on, make, or participate in making a governmental decision if
all of the following occur:
(a) The requisite quorum necessary for official action on the
governmental decision by the authority would not be available if
the participation of the member in the official action were
prohibited under subsection (3) or (4).
(b) The member is not paid for working more than 25 hours per
week for this state or a political subdivision of this state.
(c) The member promptly discloses any personal, contractual,
financial, business, or employment interest he or she has in the
governmental decision and the disclosure is made part of the public
record of the official action on the governmental decision.
(6) If a governmental decision involves a contract award, a
member of the authority may vote on, make, or participate in making
the governmental decision if all of the following occur:
(a) All of the conditions of subsection (5) are met.
(b) The member will directly benefit from the contract in an
amount less than $250.00 or less than 5% of the public cost of the
contract, whichever is less.
(c) The member files with the authority a sworn affidavit
attesting to the information described in subdivision (b).
(d) The affidavit required by subdivision (c) is made a part
of the public record of the official action on the governmental
decision.
(7) As used in this section, "governmental decision" means a
determination, action, vote, or disposition upon a motion,
proposal, recommendation, resolution, or measure on which a vote by
the members of the authority is required and by which the authority
formulates or effectuates public policy.
