March 25, 2010, Introduced by Rep. Huckleberry and referred to the Committee on Ethics and Elections.
A bill to amend 1968 PA 317, entitled
"An act relating to the conduct of public servants in respect to
governmental decisions and contracts with public entities; to
provide penalties for the violation of this act; to repeal certain
acts and parts of acts; and to validate certain contracts,"
by amending sections 1, 3a, and 8 (MCL 15.321, 15.323a, and
15.328), section 3a as amended by 1996 PA 203 and section 8 as
amended by 1997 PA 145.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a)
"Public servant" includes all persons serving any public
entity,
except members of the legislature and state officers who
are
within the provisions of section 10 of article 4 of the state
constitution
as implemented by legislative act. any
individual
serving a public entity within this state, except the following:
(i) A justice of the supreme court or a judge of a court of
record.
(ii) An individual subject to the ethics act for executive
branch officials and employees.
(iii) An individual subject to the legislative ethics act.
(b)
"Public entity" means the state including all agencies
thereof,
any public body corporate within the state, including all
agencies
thereof, or any non-incorporated public body within the
state
of whatever nature, including all agencies thereof this state
or a public or governmental entity within this state, including,
but not limited to, a department, agency, branch, political
subdivision, or public body corporate of this state, or a public
body corporate of 1 or more political subdivisions of this state.
Sec. 3a. Section 2 shall not be construed to do any of the
following:
(a) Prohibit public servants of a city, village, township, or
county with a population of less than 25,000 from serving, with or
without compensation, as emergency medical services personnel as
defined
in section 20904 of the public health code, Act No. 368 of
the
Public Acts of 1978, being section 333.20904 of the Michigan
Compiled
Laws 1978 PA 368, MCL
333.20904.
(b)
Prohibit a public servants servant of
a city, village,
township, or county with a population of less than 25,000 from
serving, with or without compensation, as a firefighter in that
city, village, township, or county if that firefighter is not any
of the following:
(i) A full-time firefighter.
(ii) A fire chief.
(iii) A person who negotiates with the city, village, township,
or county on behalf of the firefighters.
(c) Limit the authority of the governing body of a city,
village, township, or county with a population of less than 25,000
to authorize a public servant to perform, with or without
compensation, other additional services for the unit of local
government.
(d)
Prohibit public servants of this state from purchasing at
a
tax sale lands returned as delinquent for taxes under the general
property
tax act, Act No. 206 of the Public Acts of 1893, being
sections
211.1 to 211.157 of the Michigan Compiled Laws, unless
otherwise
prohibited by the rules of the Michigan civil service
commission
or the department or agency of which that public servant
is
an employee.
Sec.
8. It is the intention that this act shall This act is
intended
to constitute the sole law in this
state and shall
supersede
all other acts in respect to respecting
conflicts of
interest
relative to public contracts , involving public servants,
other
than members of the legislature and state officers, including
but
not limited to section 30 of 1851 PA 156, MCL 46.30 and
supersedes all other acts on the subject. This act does not
prohibit
a unit of local government from adopting an ordinance or
enforcing
an existing ordinance relating to conflict of interest in
on subjects other than public contracts involving public servants.