Bill Text: MI HB4490 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Public employees and officers; ethics; standards of conduct from members of the state board of ethics; enhance. Amends title & sec. 4 of 1973 PA 196 (MCL 15.344). TIE BAR WITH: HB 4489'17, HB 4491'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-20 - Bill Electronically Reproduced 04/19/2017 [HB4490 Detail]

Download: Michigan-2017-HB4490-Introduced.html

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HOUSE BILL No. 4490

 

 

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 4 (MCL 15.344), the title as

 

amended by 1980 PA 481.

 

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. 4. (1) The Subject to subsection (2), the board of ethics

 

shall consist of 7 members appointed by the governor, with the

 

advice and consent of the senate, 1 of whom shall be designated as

 

chairman and all of whom shall be residents of the state and not

 

associated with public employment. Not more than 4 members of the

 

board shall be members of the same political party. Initial

 

appointments shall be made for terms commencing 30 days after the

 

effective date of this act. Of those first appointed, 2 shall serve

 

for 1 year, 2 shall serve for 2 years, and 3 shall serve for 3

 

years. For the 1 year, 2 year, and 3 year terms, at least 1 member

 

appointed for each such term shall be of the same political party.

 

In the event of a vacancy, the governor shall fill the vacancy for

 

the remainder of the term. Subsequent to the initial appointments,

 

members shall be appointed for terms of 4 years.

 

     (2) The attorney general and the state personnel director

 

shall serve ex officio without the right to vote.

 

     (3) Four members of the board shall constitute a quorum and

 

the affirmative vote of 4 members shall be is necessary for any

 

action. Members of the board shall serve without compensation but

 

shall be reimbursed for their actual and necessary expenses

 

incurred in the performance of their duties. With the consent of

 

the civil service commission, the state personnel director shall

 

designate an employee of the department of civil service,

 

acceptable to the board, to act as executive secretary of the board

 

and shall provide clerical or administrative assistance from the

 

department of civil service as requested by the board. may, from

 

time to time, request.

 

     (4) An individual is ineligible to serve as a member of the

 

board if any of the following apply:

 

     (a) The individual has, at any time, been registered as a

lobbyist or lobbyist agent as those terms are defined in section 5

 

of 1978 PA 472, MCL 4.415.

 

     (b) Subject to subsection (2), the individual has, at any

 

time, served as an elected or appointed official of this state,

 

except that the auditor general or his or her appointee may serve

 

as a member.

 

     (c) The individual has, at any time, served as a member of the

 

house of representatives or senate of this state.

 

     (d) The individual has been convicted of a misdemeanor or

 

felony.

 

     (5) If a board member or a member of his or her immediate

 

family would derive a direct and specific benefit from a decision,

 

recommendation, or opinion of the board, the member shall recuse

 

himself or herself from the discussion and the vote on the issue.

 

     (6) A board member or a member of his or her immediate family

 

shall not accept a gift, a grant, a loan, labor, a contribution of

 

money or property, or anything else of value if doing so might

 

result in the appearance that the impartiality of the member has

 

been compromised.

 

     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. 4489 (request no.

 

02454'17).

 

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

02455'17).