LEGISLATOR CONFLICTS OF INTEREST

House Bill 4379

Sponsor:  Rep. Vicki Barnett

Committee:  Ethics and Elections

Complete to 3-8-10

A SUMMARY OF HOUSE BILL 4379 AS INTRODUCED 2-19-09

House Bill 4379 would amend Public Act 318 of 1968, which concerns conflicts of interest, to prohibit a legislator with a substantial conflict of interest from voting on a bill.  A legislator with such a conflict would be required to state that fact on the record.

Legislators violating this provision would be subject to appropriate disciplinary action by the legislative body to which they belong.

The bill would define substantial conflict of interest to mean a legislator has a personal interest in legislation and by reason of participating in the enactment or defeat of any legislation will derive a direct monetary gain or suffer a direct monetary loss (or a related person will).  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.

The bill would define "related person" to mean a legislator's spouse, dependent child, or any other individual residing in the same household as the legislator.

MCL 15.301 et al

 

FISCAL IMPACT:

The bill would have no significant fiscal impact.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.