HOUSE BILL No. 6017

 

April 27, 2006, Introduced by Reps. Casperson, Vander Veen, Gosselin, Sheltrown, Moore, Wenke, Elsenheimer, LaJoy, Marleau, Kahn and Van Regenmorter and referred to the Committee on House Oversight, Elections, and Ethics.

 

     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 personal opinion as that of an agency.

 

     (3) A public officer or employee shall use personnel

 

resources, property, and funds under the officer 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  that 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 official position or authority or benefit

 

financially from confidential information  which  that the public

 

officer or employee has obtained or may obtain by reason of that

 

position or authority. Instruction which is not done during

 

regularly scheduled working hours except for annual leave or

 

vacation time shall not be considered a business transaction

 

pursuant to 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 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 that employment or

 

service is incompatible or in conflict with the discharge of the

 

officer or employee's official duties or when that employment may

 

tend to impair his or her 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 shall not solicit or accept a gift or

 

reimbursement of out-of-state travel expenses from a person

 

required to be registered as a lobbyist under 1978 PA 472, MCL

 

4.411 to 4.431.