Bill Text: MI HB4428 | 2013-2014 | 97th Legislature | Introduced
Bill Title: State financing and management; purchasing; gifts by state contractors to certain governmental officials; limit. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 264a.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced - Dead) 2013-03-13 - Printed Bill Filed 03/13/2013 [HB4428 Detail]
Download: Michigan-2013-HB4428-Introduced.html
HOUSE BILL No. 4428
March 12, 2013, Introduced by Reps. Slavens, Ananich, LaVoy, Brinks, Faris, Smiley, Knezek, Brunner, Greimel, Barnett, Hovey-Wright, Roberts, Banks, McCann, Brown, Townsend, Irwin, Switalski, Yanez, Kosowski, Hobbs, Kandrevas, Tlaib, Driskell, Lamonte, Cavanagh, Schor, Lipton and Abed and referred to the Committee on Elections and Ethics.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
(MCL 18.1101 to 18.1594) by adding section 264a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 264a. (1) The department or an agency exercising
delegated purchasing authority under this act shall not award a
contract with a value of $100,000.00 or more for construction,
goods, or services to a vendor if the vendor did either of the
following:
(a) Made a contribution of $100.00 or more that was reportable
under the Michigan campaign finance act, 1976 PA 388, MCL 169.201
to 169.282, to an individual holding an elective office in the
government of this state during the 12 months immediately preceding
the award of the contract.
(b) Gave a gift with a value that equals or exceeds the value
of a gift reportable under 1978 PA 472, MCL 4.411 to 4.431, to an
individual holding an elected or appointed office in the government
of this state that is excluded or exempt from the classified state
service during the 12 months immediately preceding the award of the
contract.
(2) The department or an agency exercising delegated
purchasing authority to obtain construction, goods, or services
under this act shall include a provision in each contract it awards
that requires the contractor to certify that it will not make any
contribution or gift during the term of the contract with a value
that equals or exceeds the amount indicated in subsection (1) to an
individual holding an elected or appointed office in the government
of this state that is excluded or exempt from the classified state
service. A contractor that makes a gift or contribution in
violation of the certification required under this subsection is
responsible for a civil fine of not more than 3 times the amount of
that gift or contribution. The civil fine is payable to the state
treasurer for deposit into the general fund.
(3) For purposes of this section, a political contribution by
an owner of an interest of 10% or more in the contractor or vendor,
or by an immediate family member of an owner of an interest of 10%
or more in the contractor or vendor, may be considered to be a
contribution by the contractor or vendor.
(4) As used in this section, "immediate family member" means a
spouse, child, sibling, or parent of the individual and includes
anyone who the individual or the individual's spouse claims as a
dependent on his or her United States income tax return during the
12 months immediately preceding the award of the contract.
