Bill Text: MI HB5397 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Public employees and officers; other; use of public funds to settle claims or actions, or pay judgments, involving the gross negligence, intentional misconduct, or criminal conduct of public officials; prohibit. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-16 - Bill Electronically Reproduced 01/11/2018 [HB5397 Detail]
Download: Michigan-2017-HB5397-Introduced.html
HOUSE BILL No. 5397
January 11, 2018, Introduced by Rep. Lucido and referred to the Committee on Appropriations.
A bill to prohibit expenditure of state and local funds on the
settlement of certain claims and actions or on certain judgments.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Local unit of government" means a city, village,
township, or county.
(b) "Public entity" means this state or an agency or authority
of this state or a local unit of government.
(c) "Public funds" means both of the following:
(i) Funds drawn from the state treasury or other fund of this
state.
(ii) Funds drawn from revenue collected or imposed by a local
unit of government.
(d) "Public official" means an individual who holds an
elective or appointive office of a public entity.
Sec. 3. (1) A public entity shall not make an expenditure of
public funds to settle a claim or action or pay a court-ordered
judgment involving the gross negligence, intentional misconduct, or
criminal conduct of a public official.
(2) If a court finds that a public official was grossly
negligent or engaged in intentional misconduct, or the public
official is convicted of a crime, the public official shall, within
30 days after the finding or conviction becomes final, reimburse a
public entity for any public funds the public entity expended in
the defense of the public official.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
