HB-4315, As Passed House, March 22, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4315

     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,"

(MCL 15.301 to 15.310) by adding section 2a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2a. (1) A legislator shall not vote on a bill with which

he or she has a substantial conflict of interest. If the legislator

has a substantial conflict of interest, the legislator shall state

that fact on the record.

     (2) As used in this section:

     (a) "Legislator" means a member of the legislature.

     (b) "Related person" means a legislator's spouse, dependent

child, or any other individual residing in the same household as

the legislator.

     (c) "Substantial conflict of interest" means a legislator has

a personal interest in legislation and, by reason of his or her

participation in the enactment or defeat of any legislation, he or

she, or a related person, will derive a direct monetary gain or

suffer a direct monetary loss. A personal interest can be inferred

if a benefit or detriment could reasonably be expected to accrue to

the legislator, or a related person, 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.

     (3) Any member of the legislature violating the provisions of

this section shall be subject to appropriate disciplinary action by

the house of which he or she is a member.