September 10, 2009, Introduced by Senators PATTERSON, GILBERT, KUIPERS, BIRKHOLZ, BARCIA and WHITMER and referred to the Committee on Judiciary.
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 conflict of interest. If the legislator has a
conflict of interest, the legislator shall state that fact on the
record prior to abstaining from voting.
(2) 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. The house of
representatives and senate shall promulgate rules that are
consistent with and enforce this section no later than January 1,
2010.
(3) As used in this section:
(a) "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 or indirect monetary gain or
suffer a direct or indirect 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.
(b) "Legislator" means a member of the legislature.
(c) "Related person" means a legislator's spouse, dependent
child, business associate, or any other individual residing in the
same household as the legislator.