HB-4070, As Passed House, September 22, 2015HB-4070, As Passed Senate, September 17, 2015

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4070

     A bill to amend 1978 PA 566, entitled

"An act to encourage the faithful performance of official duties by

certain public officers and public employees; to prescribe

standards of conduct for certain public officers and public

employees; to prohibit the holding of incompatible public offices;

and to provide certain judicial remedies,"

by amending section 3 (MCL 15.183), as amended by 2014 PA 190.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) Section 2 does not prohibit a public officer's or

public employee's appointment or election to, or membership on, a

governing board of an institution of higher education. However, a

public officer or public employee shall not be a member of

governing boards of more than 1 institution of higher education

simultaneously, and a public officer or public employee shall not

be an employee and member of a governing board of an institution of

higher education simultaneously.

     (2) Section 2 does not prohibit a member of a school board of

1 school district from being a superintendent of another school

district.

     (3) Section 2 does not prohibit a public officer or public

employee of a city, village, township, school district, community

college district, or county from being appointed to and serving as

a member of the board of a tax increment finance authority under

the tax increment finance authority act, 1980 PA 450, MCL 125.1801

to 125.1830; a downtown development authority under 1975 PA 197,

MCL 125.1651 to 125.1681; a local development finance authority

under the local development financing act, 1986 PA 281, MCL

125.2151 to 125.2174; a brownfield redevelopment authority under

the brownfield redevelopment financing act, 1996 PA 381, MCL

125.2651 to 125.2672; a housing commission created under 1933 (Ex

Sess) PA 18, MCL 125.651 to 125.709c; a neighborhood improvement

authority under the neighborhood improvement authority act, 2007 PA

61, MCL 125.2911 to 125.2932; a water resource improvement tax

increment finance authority under the water resource improvement

tax increment finance authority act, 2008 PA 94, MCL 125.1771 to

125.1793; a historical neighborhood tax increment finance authority

under the historical neighborhood tax increment finance authority

act, 2004 PA 530, MCL 125.2841 to 125.2866; a member of a board of

a principal shopping district or a member of a board of directors

of a business improvement zone under 1961 PA 120, MCL 125.981 to

125.990n; an officer of a metropolitan district under the

metropolitan district act, 1929 PA 312, MCL 119.1 to 119.18; a

House Bill No. 4070 as amended September 10, 2015

member of a board of directors of a land bank fast track authority

under the land bank fast track act, 2003 PA 258, MCL 124.751 to

124.774; or a corridor improvement authority under the corridor

improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.

     (4) Section 2 does not do any of the following:

     (a) Prohibit public officers or public employees of a city,

village, township, or county having a population of less than

25,000 <<40,000>> from serving, with or without compensation, as

emergency medical services personnel as defined in section 20904 of

the public health code, 1978 PA 368, MCL 333.20904.

     (b) Prohibit public officers or public employees of a city,

village, township, or county having a population of less than

25,000 <<40,000>> from serving, with or without compensation, as a

firefighter, police chief, fire chief, police officer, or public

safety officer in that city, village, township, or county if that

firefighter, police chief, fire chief, police officer, or public

safety officer is not any of the following:

     (i) A full-time firefighter.

     (ii) A fire chief.

     (iii) A a person who negotiates a collective bargaining

agreement with the city, village, township, or county on behalf of

the firefighters, police chiefs, fire chiefs, police officers, or

public safety officers.

     (c) Limit the authority of the governing body of a city,

village, township, or county having a population of less than

25,000 <<40,000>> to authorize a public officer or public employee to

perform, with or without compensation, other additional services

for the unit of local government.

     (d) Prohibit a public officer or public employee of a city,

village, township, or county having a population of less than 3,000

from serving, with or without compensation, as a fire chief in that

city, village, township, or county.

     (5) This section does not relieve a person from otherwise

meeting statutory or constitutional qualifications for eligibility

to, or the continued holding of, a public office.

     (6) This section does not allow or sanction activity

constituting conflict of interest prohibited by the constitution or

laws of this state.

     (7) This section does not allow or sanction specific actions

taken in the course of performance of duties as a public official

or as a member of a governing body of an institution of higher

education that would result in a breach of duty as a public officer

or board member.

     (8) Section 2 does not prohibit a public officer or public

employee of a community mental health services program as defined

in section 100a of the mental health code, 1974 PA 258, MCL

330.1100a, from serving as a public officer or public employee of a

separate legal or administrative entity created by 2 or more

community mental health services programs under the urban

cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

124.512, a joint board or commission created under 1967 (Ex Sess)

PA 8, MCL 124.531 to 124.536, or a regional entity created under

section 204b of the mental health code, 1974 PA 258, MCL 330.1204b,

whether or not the separate legal or administrative entity, joint

board or commission, or regional entity may enter into contracts or

agreements with 1 or more of the community mental health services

programs.

     (9) Section 2 does not prohibit a member of a school board

from being appointed to or serving as a volunteer coach or

supervisor of a student extracurricular activity if all of the

following conditions are present:

     (a) The school board member receives no compensation for

service as a volunteer coach or supervisor.

     (b) During the period he or she serves as a volunteer, the

school board member abstains from voting on issues before the

school board concerning that program.

     (c) There is no qualified applicant available to fill a vacant

position if the school board member is excluded.

     (d) The appointing authority has received the results of a

criminal history check and a criminal records check from the

department of state police or the federal bureau of investigation

Federal Bureau of Investigation for the school board member.

     (10) Section 2 does not prohibit a superintendent of an

intermediate school district from serving simultaneously as

superintendent of a local school district, or prohibit an

intermediate school district from contracting with another person

to serve as superintendent of a local school district, even if the

local school district is a constituent district of the intermediate

school district. As used in this subsection, "constituent district"

means that term as defined in section 3 of the revised school code,

1976 PA 451, MCL 380.3.

     (11) Section 2 does not prohibit a public officer or public

employee of an authority created under the public transportation

authority act, 1986 PA 196, MCL 124.451 to 124.479, from serving as

a public officer or public employee of another public

transportation authority if each public transportation authority

has members consisting of identical political subdivisions.

     (12) Section 2 does not prohibit a township supervisor from

being appointed as a member of a county board of public works as

provided in section 2(2)(c) of 1957 PA 185, MCL 123.732.

     (13) Section 2 does not prohibit the mayor, the chief

executive officer, or a member of the governing body of a qualified

city from serving as a member of a financial review commission for

that qualified city as established under the Michigan financial

review commission act, 2014 PA 181, MCL 141.1631 to 141.1643. As

used in this subsection, "qualified city" means that term as

defined in section 3 of the Michigan financial review commission

act, 2014 PA 181, MCL 141.1633.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.