HOUSE BILL No. 4315

 

February 22, 2007, Introduced by Reps. Bieda, Tobocman, Corriveau, Clemente, Meadows, Brown, Polidori, Condino and Mayes and referred to the Committee on Ethics 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 section 2 (MCL 15.302).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

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

 

interested directly or indirectly in any contract with the this

 

state or any political subdivision thereof which of this state that

 

shall cause a substantial conflict of interest.

 

     (2) 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.

 

     (3) As used in this act:

 

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

 

     (b) "Substantial conflict of interest" means a close economic

 

association or personal relationship between a legislator or state

 

officer and a person that is likely to be substantially affected by

 

an official action or decision of the legislator or state officer

 

that a reasonable person would believe conflicts with the public

 

duty or obligation of the legislator or state officer to exercise

 

objective independent judgment or that a reasonable person would

 

believe creates the appearance that the person may have undue

 

access to confidential information or may otherwise receive favored

 

treatment regarding a public action. Substantial conflict of

 

interest does not include a contract arising out of the status of

 

being a student at a state institution of higher education

 

authorized by section 5 or 6 of article VIII of the state

 

constitution of 1963 if the student is elected or appointed to the

 

governing board of the institution.