HOUSE BILL No. 4489

 

 

April 19, 2017, Introduced by Rep. Marino and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1973 PA 196, entitled

 

"An act to prescribe standards of conduct for public officers and

employees; to create a state board of ethics and prescribe its

powers and duties; and to prescribe remedies and penalties,"

 

by amending the title and section 2 (MCL 15.342), the title as

 

amended by 1980 PA 481 and section 2 as amended by 1984 PA 53.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to prescribe standards of conduct for public officers

 

and employees and others; to create a state board of ethics and

 

prescribe its powers and duties; and to prescribe remedies and

 

penalties.

 

     Sec. 2. (1) A public officer or employee shall not divulge, to

 

an unauthorized person, confidential information acquired in the

 

course of employment in advance of before the time prescribed for

its authorized release to the public.

 

     (2) A public officer or employee shall not represent his or

 

her personal opinion as that of an agency.

 

     (3) A public officer or employee shall use personnel

 

resources, property, and funds under the officer or employee's

 

official care and control judiciously and solely in accordance with

 

pursuant to prescribed constitutional, statutory, and regulatory

 

procedures and not for personal gain or benefit.

 

     (4) A public officer or employee,or a member of his or her

 

immediate family, shall not solicit or accept a gift or loan of

 

money, goods, services, or other thing of value for the benefit of

 

a person or organization, other than the this state, which that

 

tends to influence the manner in which the public officer or

 

employee or another public officer or employee performs official

 

duties.

 

     (5) A public officer or employee shall not engage in a

 

business transaction in which the public officer or employee,or a

 

member of his or her immediate family, may profit from his or her

 

official position or authority or benefit financially from

 

confidential information which that the public officer or employee

 

has obtained or may obtain by reason of that position or authority.

 

Instruction which that is not done during regularly scheduled

 

working hours except for annual leave or vacation time shall is not

 

be considered a business transaction pursuant to under this

 

subsection if the instructor does not have any direct dealing with

 

or influence on the employing or contracting facility associated

 

with his or her course of employment with this state.

     (6) Except as provided in section 2a, a public officer or

 

employee shall not engage in or accept employment or render

 

services for a private or public interest when if that employment

 

or service is incompatible or in conflict with the discharge of the

 

officer or employee's official duties or when if that employment

 

may tend to impair his or her independence of judgment or action in

 

the performance of official duties.

 

     (7) Except as provided in section 2a, a public officer or

 

employee shall not participate in the negotiation or execution of

 

contracts, making of loans, granting of subsidies, fixing of rates,

 

issuance of permits or certificates, or other regulation or

 

supervision relating to a business entity in which the public

 

officer or employee, or a member of his or her immediate family,

 

has a financial or personal interest.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No.____ (request no.

 

02126'17).

 

     (b) Senate Bill No.____ or House Bill No. 4491 (request no.

 

02455'17).