Bill Text: MI HB4001 | 2021-2022 | 101st Legislature | Engrossed


Bill Title: Legislature: legislators; voting on bills when a conflict of interest exists; prohibit. Amends 1968 PA 318 (MCL 15.301 - 15.310) by adding sec. 8a. TIE BAR WITH: HB 4682'21, HB 4683'21

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2021-05-11 - Referred To Committee On Government Operations [HB4001 Detail]

Download: Michigan-2021-HB4001-Engrossed.html

 

 

Substitute For

HOUSE BILL NO. 4001

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 8a.

the people of the state of michigan enact:

Sec. 8a. (1) A member of the legislature shall not vote on a bill, a joint resolution, or an alternative measure if the member has knowledge that he or she has a personal or professional interest in the bill, joint resolution, or alternative measure.

(2) A benefit is particular to an individual under this section if it affects the individual greater than other similarly situated individuals in the class to which he or she belongs.

(3) Each house is the sole judge of the conduct of its members under this section. Any member of the legislature willfully violating this section is subject to appropriate disciplinary action by the house of which he or she is a member.

(4) A violation of this section does not nullify or affect the validity of a member's vote on a bill, joint resolution, or alternative measure.

(5) As used in this section:

(a) "Immediate family member" means an individual's spouse, an individual's dependent child, or a person claimed as a dependent by the individual or the individual's spouse for federal income tax purposes.

(b) "Personal or professional interest" means an interest that would directly provide a substantial pecuniary benefit particular to 1 or more of the following:

(i) The member of the legislature.

(ii) An individual or entity to whom the member of the legislature is financially or legally obligated, if that interest or benefit would directly or indirectly provide a substantial pecuniary benefit particular to the member of the legislature or his or her immediate family member.

(iii) The member of the legislature's immediate family member.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:

(a) House Bill No. 4682.

(b) House Bill No. 4683.

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