April 27, 2006, Introduced by Reps. Ward, Stahl, Stakoe, Vander Veen, Taub, Bieda, Mortimer, Elsenheimer, Ball, Moore, Gaffney, Brandenburg, Casperson, Marleau, Gosselin, Farhat, Kahn, Walker, Caul, Wenke and Van Regenmorter and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to prescribe standards of conduct for legislators and
certain other persons; to require reports; to prescribe the powers
and duties of the secretary of state and certain other persons; to
provide protection for persons reporting violations of this act;
and to prescribe penalties and provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 1 - GENERAL PROVISIONS
Sec. 101. This act shall be known and may be cited as the
"legislative ethics act".
Sec. 103. For the purposes of this act, the words and phrases
defined in sections 105 to 109 have the meanings ascribed to them
in those sections.
Sec. 105. (1) "Administrative action" means conduct related to
the development, drafting, consideration, promulgation, defeat,
application, or interpretation of a rule, regulation, or other
action in a regulatory proceeding or a proceeding involving a
license, permit, franchise, or entitlement for use.
(2) "Anything of value" means a tangible or intangible item
that the recipient might find sufficiently desirable to exchange
for some action. Anything of value includes, but is not limited to,
any of the following:
(a) Money.
(b) Products or merchandise.
(c) A work of art or collectible.
(d) Stocks, bonds, notes, or options.
(e) An interest in real property.
(f) A contract or a promise of a future interest in a
contract.
(g) An interest or a promise of a future interest in a
business.
(h) A meal, beverage, or lodging.
(i) Transportation.
(j) A service, including loan of the services of an employee.
(k) A loan, a loan guarantee, or the co-signing of a loan.
(l) Forgiveness of a debt.
(m) A discount or rebate not extended to the public in
general.
(n) Preferential treatment.
(o) A ticket or admission.
(p) Free or discounted use of an office.
(q) A loan of office equipment.
(r) Radio or television time.
(s) A promise or offer of present or future employment.
(t) Use of an automobile, boat, or apartment or other
recreational or lodging facility.
(u) Intangible rights such as a cause of action.
(v) A license, patent, or copyright or interest in a license,
patent, or copyright.
(w) Any other item, tangible or intangible, that has economic
value and that could reasonably be considered to be an advantage or
of worth, use, or service to the person upon whom it is conferred.
(3) "Anything of value" does not include any of the following:
(a) An unsolicited token or award with a value of less than
$150.00.
(b) An unsolicited advertising item with a value of less than
$50.00.
(c) An unsolicited publication with a market value of less
than $50.00 on an annual basis.
(d) A discount afforded to the general public or a specified
group or occupation under normal business conditions except that
the discount may not be based on the fact of legislative service
unless it is a discount program approved by the governmental ethics
board.
(e) A contribution to a bona fide charity, made in response to
a direct solicitation from a legislator or a person acting at his
or her direction.
(4) "Close economic association" means a financial
relationship between a legislator and another person that creates
any of the following economic interests in the legislator:
(a) A relationship involving compensation as an employee,
agent, representative, counselor, adviser, or consultant, including
professional services between a lawyer and client or a financial
planner and client.
(b) A financial interest resulting from an investment,
business enterprise, or interest in real property as a partner,
investor, associate, or major stockholder.
(c) A relationship of a landlord and tenant or co-tenants
sharing housing expenses.
(d) A relationship involving a debt, loan, or loan guarantee.
(e) Any other relationship in which the legislator has a
substantial economic involvement.
(5) "Close economic association conflict of interest" means a
close economic association between a legislator and a person that
is likely to be substantially affected by an official action or
decision of a legislator that conflicts with the public duty or
obligation of the legislator to exercise objective independent
judgment or that creates the appearance that the person may have
undue access to confidential information or may otherwise receive
favored treatment regarding a public action.
(6) "Close personal relationship" means a special relationship
between a legislator and another person that creates strong bonds
of loyalty, friendship, or love, or all of these feelings. Close
personal relationship includes, but is not limited to, the
relationship with an immediate family member, a long-term personal
friend, a former business associate, or a person with whom the
legislator has a significant and continuous romantic relationship.
(7) "Close personal relationship conflict of interest" means a
close personal relationship with a person who is likely to be
substantially affected by an official action or a decision of a
legislator that conflicts with the public duty or obligation of the
legislator to exercise objective independent judgment or that
creates the appearance that the person has undue access to
confidential information or may otherwise receive favored treatment
regarding a public action.
(8) "Confidential information" means information made
confidential by law or information that is conveyed or accepted
with the understanding that the information will only be used for
official purposes.
(9) "Employer" means a person that has provided compensation
to a legislator arising out of an employment relationship.
Sec. 107. (1) "Financial conflict of interest" means a
circumstance in which a legislator or a person with whom he or she
has a close personal relationship has a substantial financial
interest that may be materially affected by an official action or a
decision that the legislator may make. The interest must be so
substantial and the potential effect on that interest must be so
material that a reasonable, objective person is likely to believe
that the ability of the legislator with the financial interest to
make an objective, fair, and impartial professional judgment will
be impeded by self-interest. A financial conflict of interest does
not exist if the economic effect that an official action or a
decision will have on a legislator's private financial interests is
no greater than the effect on a substantial class of persons to
which he or she belongs as a member of a profession, occupation,
industry, or region.
(2) "Governmental ethics board" means the ethics board created
under the governmental ethics board act.
(3) "Honorarium" means anything of value that a legislator
receives in recognition of, or in consideration for, an appearance,
speech, presentation, or published work by the legislator that is
not primarily related to a current or former occupation of the
legislator other than the holding of legislative office. Honorarium
does not include a nonmonetary token of appreciation with a value
of $20.00 or less. Honorarium does not include reasonable royalties
or other reasonable payment paid to a legislator by a publisher for
a work personally written by the legislator exceeding 10 pages that
is placed in general circulation unless and to the extent the
intent of the payment by the publisher or purchaser of the
published work is directly or indirectly to provide consideration
to the legislator.
(4) "Immediate family member" means a spouse, parent,
grandparent, child, including a stepchild or an adopted child,
grandchild, sibling, or parent-in-law.
(5) "Informal representation" means uncompensated
representation, including, but not limited to, a request for
information made to a state or local governmental entity or an
official or employee of the entity on behalf of a person who is a
client, constituent, or political contributor.
(6) "Intent to influence" means offering or conferring
anything of value on a public official to induce the public
official to do an act he or she would otherwise not have done or to
refrain from doing an act he or she would otherwise have done.
(7) "Legislative action" means conduct relating to the
development, drafting, consideration, sponsorship, enactment,
defeat, or support of or opposition to a law, amendment,
resolution, report, nomination, or other matter affected by
legislative action or inaction.
(8) "Legislative employee" means a person, other than a
legislator, who is compensated by the legislative branch in return
for regular or substantial personal services, regardless of the
person's pay level or technical status as a full-time or part-time
employee, independent contractor, or consultant.
(9) "Lobbyist" means that term as defined in section 5 of 1978
PA 472, MCL 4.415.
(10) "Nonpublic information" means information that is not
available to the general public, the use or disclosure of which
results in an unwarranted benefit or advantage.
Sec. 109. (1) "Oath or affirmation" means a statement to
affirm, swear, verify, or certify the truth under penalty of
perjury.
(2) "Person" means an individual, corporation, business
enterprise, or other entity either public or private and any legal
successor, representative, agent, or agency of that individual,
corporation, business enterprise, or other entity, or any other
organization or group of persons acting jointly, including a state
agency or a political subdivision of this state.
(3) "Political action" means conduct in which a public
official uses his or her official position or political contacts to
exercise informal influence on a state or local governmental
employee or entity. Political action includes, but is not limited
to, any of the following:
(a) Intervening on behalf of a constituent with a government
agency.
(b) Endorsing, pledging support, or actively supporting a
legislative matter or a nominee or a candidate for public office.
(4) "Professional representation" means representation for
compensation.
(5) "Public official" means an official in the executive or
legislative branch of state government.
(6) "Reasonably should know" means a situation when, under the
circumstances, a person of reasonable prudence and competence would
ascertain or know a fact. A person shall not willfully blind
himself or herself to facts and inferences in the desire not to
know.
(7) "Representation" means an action taken on behalf of
another whether taken for compensation or not.
(8) "Sexual harassment" means that term as described in
section 103(i) of the Elliott-Larsen civil rights act, 1976 PA 453,
MCL 37.2103.
(9) "Substantial interest in legislative, administrative, or
political action" means a situation in which a person or
organization meets any of the following criteria:
(a) Is regulated by the legislature.
(b) Provides goods or services to the legislature for
compensation or profit.
(c) Seeks employment in the legislative branch or in a
government agency or private organization in which a legislator
has, or reasonably appears to have, the ability to influence an
employment decision.
(d) Will be directly or substantially affected, either
financially or personally, by a contemplated legislative,
administrative, or political action.
(e) Has or seeks a contract for goods or services with an
agency of state government.
(f) Is a registered lobbyist.
(g) Employs a registered lobbyist.
(h) Represents a person or organization described in
subdivisions (a) to (g).
CHAPTER 2 – CODE OF CONDUCT
Sec. 201. (1) A legislator shall not seek or accept anything
of value as a result of the performance of public responsibilities.
This subsection does not prohibit solicitation for and acceptance
of a campaign contribution, a pledge, a political endorsement,
support in a political campaign, or a promise of political
endorsement or support under permitted circumstances.
(2) A legislator shall not accept anything of value if the
legislator knows or reasonably should know that the thing of value
is offered with the intent to influence a legislative,
administrative, or political action.
(3) In addition to any other remedy authorized under this act,
a person who violates this section is guilty of a misdemeanor.
Sec. 203. A legislator who receives an offer that clearly
appears to be intended as an attempt to improperly influence
legislative, administrative, or political action shall firmly and
unequivocally reject the offer and caution the person making the
offer that the offer may be a violation of this act or of undue
influence and bribery laws. The legislator shall report the matter
to the appropriate law enforcement authority.
Sec. 205. (1) A legislator shall not use state funds to mail
200 or more pieces of substantially similar material during the 50
days immediately preceding a primary or general election.
(2) A legislator shall not use state funds to mail material
describing a ballot proposal during the 30 days immediately
preceding a general election. Material describing a ballot proposal
shall be approved, before it is mailed, by the majority and
minority leaders of the senate if the sender is a senator or by the
speaker and minority leader of the house of representatives if the
sender is a member of the house of representatives.
(3) A legislator, person on behalf of a legislator, or
candidate committee of the legislator shall not accept a campaign
contribution in a facility or office ordinarily used to conduct
state government business. If an unsolicited contribution is
offered or sent, the contribution shall be refused or returned
promptly.
(4) A legislator, person on behalf of the legislator, or
candidate committee of the legislator shall not distribute or post
literature or any other communication designed to influence the
outcome of an election in a facility or office ordinarily used to
conduct state government business. This provision does not prohibit
a legislator from inviting colleagues to a fund-raising function on
behalf of the legislator.
(5) In addition to any other remedy authorized under this act,
a person who violates this section is guilty of a misdemeanor.
Sec. 207. (1) A legislative employee who knows or reasonably
should know that he or she has been asked to perform an illegal
personal or political task shall refuse to perform the task.
(2) The personnel policies of each house of the legislature
shall provide that if a legislator requests or demands that a
legislative employee perform an improper task, or if a reprisal is
threatened or a sanction imposed as a result of the refusal to
perform the task, the legislative employee subjected to the
request, demand, threat, or sanction shall report the matter as
provided in the policies.
Sec. 209. (1) A legislator shall not sexually harass a
legislator or legislative employee.
(2) In addition to any other remedy authorized under this act,
a person who violates this section is guilty of a misdemeanor.
Sec. 211. (1) Other than in the performance of an official
duty or as required by law, a legislator shall not use or disclose
nonpublic or confidential information acquired in the course of and
by reason of legislative service to obtain private gain for the
legislator or any person or business.
(2) In addition to any other remedy authorized under this act,
a person who violates this section is guilty of a misdemeanor.
Sec. 213. (1) A legislator shall not use, or allow another to
use, the authority, title, or prestige of the legislator's office
to obtain an unwarranted private economic benefit for the
legislator or another person.
(2) A legislator shall not use official letterhead or refer to
the legislator's public position to induce or intimidate a person
to resolve a private dispute more favorably, provide preferential
treatment, or give a free ticket, discount, favor, or other
advantage that does not relate to the legislator's public position.
(3) A legislator shall not use, or allow another to use, the
authority, title, or prestige of the legislator's office to endorse
a commercial product or service and shall not use official
letterhead in materials endorsing a product, service, or candidate
for office. This subsection does not prohibit the use of either of
the following:
(a) A legislator's official title or letterhead in the course
of an otherwise proper recommendation of a person for employment.
(b) A legislator's official title and name used in a dignified
manner as part of a political endorsement.
(4) A legislator shall not solicit or accept compensation that
is not commensurate with the service performed or that would create
in the mind of a reasonable, objective observer the perception that
the stature of the office has been unduly exploited for private
gain.
Sec. 215. (1) For a period of 1 year after leaving office, a
former legislator shall not use or disclose nonpublic or
confidential information acquired in the course of or by reason of
legislative service to obtain personal gain or for the gain of
another.
(2) For a period of 1 year after leaving office, a former
legislator shall not seek a position as or agree or contract to be
or become a lobbyist, representative, consultant, adviser, or
advocate to influence any of the following to take or withhold
official action:
(a) A legislator or legislative employee.
(b) A state agency, public official, or employee with
responsibility in an area in which the person, while a legislator,
had special oversight or budget authority.
(3) For purposes of this act, a person had special oversight
or budget authority over an agency if he or she served, within the
last year of his or her legislative term, as the senate majority
leader, speaker of the house of representatives, chairperson of the
senate finance committee, chairperson of the house taxation
committee, or chairperson of a committee directly concerned on a
regular basis with activity of the agency.
(4) For a period of 1 year after leaving office, a former
legislator shall not solicit or accept compensation that is not
commensurate with the service performed or that would create in the
mind of a reasonable, objective observer the perception that the
stature of the office has been unduly exploited for private gain.
Sec. 217. (1) A legislator shall not engage, either directly
or through another acting on behalf of the legislator, in conduct
that the legislator knows or reasonably should know is likely to
create the belief or impression that the person or cause he or she
represents will receive more or less favorable consideration by the
legislator or that the person will be given more or less
opportunity to personally state his or her case or otherwise be
benefited or disadvantaged as a direct result of that person's
willingness to provide money for a campaign contribution or a cause
favored by the legislator, to provide the legislator with personal
benefits, or to provide the legislator with political support.
(2) A legislator shall not do any of the following either
directly or through another acting on behalf of the legislator:
(a) Agree to, or threaten to, take or withhold legislative,
administrative, or political action because of a person's decision
to provide or not provide a political contribution to the
legislator.
(b) State or imply that the legislator will perform or refrain
from performing a lawful constituent service because of a person's
decision to provide or not provide a political contribution.
(c) Accept a contribution given or offered in violation of a
statute.
(3) In addition to any other remedy authorized under this act,
a person who violates this section is guilty of a misdemeanor.
Sec. 219. (1) A legislator shall not engage in an activity
that creates a financial conflict of interest.
(2) A legislator shall not engage in an activity with a person
with a substantial interest in legislative action.
(3) A legislator shall not engage in an activity that creates
a close economic association conflict of interest.
Sec. 221. (1) A legislator shall avoid a close personal
relationship conflict of interest. Unless a relationship violates a
specific legal limitation, a close personal relationship conflict
of interest is not subject to mandatory disclosure. If a situation
is not reasonably avoidable, a legislator shall take an affirmative
step to publicly disclose a conflict that is not apparent and
refrain, if reasonably possible, from making a decision or taking
an action affected by the conflict.
(2) The legislature shall not employ an immediate family
member of a legislator for compensation in the legislative house in
which the legislator is a member unless the family member was
employed by the legislature at the time of the marriage.
(3) For purposes of this section, a legislator is not an
employee of the legislature.
Sec. 223. (1) A legislator shall not provide personal service
for compensation for or on behalf of a lobbyist or lobbyist agent
that regularly engages in lobbying the legislature or a state
agency, board, or commission.
(2) A legislator shall not have a financial interest in a
business that receives a substantial part of its income from a
lobbyist or lobbyist agent that regularly engages in lobbying the
legislature or a state agency, board, or commission.
Sec. 225. A legislator shall not serve on a governing or
advisory board of an organization that regularly has a substantial
interest in the legislative, administrative, or political actions
of the legislator unless the legislator discloses the relationship
and disqualifies himself or herself from any action relating to the
organization's interests.
Sec. 227. A legislator shall not have an equity or ownership
interest in a business, investment, real property, lease, or other
enterprise if the interest has a cost or fair market value of
$25,000.00 or more and the financial interest is likely to be
materially affected by a legislative, administrative, or political
action of the legislator, unless the legislator disqualifies
himself or herself from any action relating to the interest
involved.
Sec. 229. (1) A legislator shall not professionally represent
a person or entity in a legal action against the state if the state
is the real party in interest or receive compensation or anything
of value for acting as an informal representative, adviser, or
consultant to a person regarding an action against the state. This
subsection does not prevent a legislator who is an attorney from
representing a client in a proceeding if the state is not a real
party in interest.
(2) A legislator shall not professionally represent a person
as an advocate, adviser, or consultant in an action before a state
agency, board, or commission unless the proceeding is adjudicatory
in nature and there is no reasonable basis to conclude that the
side represented by the legislator has an unfair advantage. A
matter is adjudicatory in nature when opposing sides have separate
representation.
(3) This section does not prohibit an attorney from
representing a client in an otherwise permissible action before a
court and does not prevent a legislator from representing personal
interests in an otherwise proper proceeding.
(4) A legislator shall not professionally represent a person
to obtain or retain a state license, permit, franchise, grant,
loan, or other entitlement, whether or not other parties contending
for the state benefit are represented, unless the granting of the
benefit is a purely ministerial matter.
(5) A legislator acting as an attorney or representative of
another shall not seek or accept special treatment, a privilege, a
right, or a concession solely by reason of his or her service in
the legislature.
(6) This section does not prohibit a legislator from
informally advising a constituent about a procedure or the
appropriateness of bringing an action against this state. If a
legislator advises a constituent or other person in an action
against this state or before a state agency, the legislator shall
not reveal any nonpublic or confidential information.
(7) If the legislator is an attorney and is disqualified under
this section, the firm of the legislator is also disqualified.
(8) If for any reason it is unreasonably difficult to comply
with the restrictions in this section, until January 1, 2008, a
legislator may represent a person in a proceeding that would be
prohibited under this section if a statement that includes all of
the following is promptly published in the journal of the
appropriate house:
(a) The name of the client.
(b) An identifying name or number of the action.
(c) A brief description of the nature of the action.
(d) The amount of compensation received or anticipated
relating to the representation.
(9) Changes in the statement required by subsection (8) shall
be filed every 90 days until the representation is completed or
January 1, 2008, whichever occurs first.
Sec. 231. (1) A legislator or an immediate family member of a
legislator may be a party to, or have a financial interest in, a
state contract or lease only if 1 or more of the following
circumstances apply:
(a) The contract is let through competitive sealed bidding and
the legislator has filed a statement disclosing the nature and
extent of the financial interest with the secretary of state at the
time the bid is made.
(b) The total amount of the contract or lease over the course
of a year is less than $1,000.00 and the contract or lease was let
under circumstances that raise no substantial question of undue
influence.
(c) The contract or lease was developed and standardized under
published guidelines and the benefits and rights conferred are
widely available to the general public under the same terms and
conditions.
(2) A legislator shall not seek or accept compensation on a
state contract and a legislator shall not receive compensation for
a service relating to recommending, supporting, or advocating a
contract between a person or business and this state, a local
government that receives substantial state funds, or a private
enterprise that does a substantial portion of its business with
this state.
(3) For a period of 1 year after leaving legislative office, a
former legislator shall not seek or accept a contract for a good or
personal service or other compensation concerning a matter on which
the legislator worked extensively within the last year of his or
her legislative service.
(4) A legislator may participate in a state assistance or
benefit program or receive a loan from the state if the program or
loan is generally available to a member of the public, is subject
to a fixed objective eligibility standard, and requires minimal
discretion in determining qualification.
Sec. 233. (1) A legislator shall not solicit, accept, or
receive, directly or indirectly, anything of value as a gratuity
from a person or entity, except that a legislator may accept a
gratuity if the aggregate value is less than $100.00 from a single
source for a year, if the gift is reported to the secretary of
state as to source and amount, and if the gratuity is not accepted
under circumstances in which it could be reasonably inferred that
the gift is intended to influence the performance of an official
duty, action, or judgment.
(2) A legislator may accept anything of value as a gratuity
without regard to the $100.00 limit under subsection (1) and need
not report the gratuity if it is any of the following:
(a) A gift from an immediate family member.
(b) A birthday, wedding, anniversary, or similar ceremonial
gift from a friend if the donor does not have a substantial
interest in the legislative, administrative, or political action of
the recipient.
(c) A gift of sample merchandise, a promotional item such as a
pen or calendar, or a token of appreciation such as candy, a fruit
basket, or flowers if the gift is of nominal value, the gift is
given to a customer or a potential customer in the ordinary course
of business, and there is no special fact creating a conflict of
interest or the appearance of impropriety.
(d) An unsolicited award with a value of less than $100.00.
(e) Informational material, a brochure, a pamphlet, or an
unsolicited publication, including a newspaper or magazine, with a
market value of less than $50.00 on an annual basis.
(f) Food or foodstuffs indigenous to the state that are shared
generally as a cultural or social norm, a meal or beverage provided
and consumed at a social or fund-raising event, conference, or
professional meeting, or a meal or beverage provided and consumed
as part of personal hospitality at the residence or place of
business of the host, but excluding the following:
(i) A gift of packaged liquor, wine, or foodstuffs.
(ii) A restaurant meal not consumed with the person providing
the gift.
(g) A gift presented by a representative of a foreign
government. However, if it is worth more than $100.00, the gift
must be turned over to the presiding officer of either house of the
legislature for display in a public area of the capitol or for sale
at auction with the proceeds going to charity or the general fund.
If the gift is worth less than $100.00 and intended as a personal
gift, it may be kept if it is reported to the secretary of state.
(h) Reasonable and necessary expenses including reimbursement
for travel and related food and lodging if the expenses are
incidental to a trip paid for by a government agency or a bona fide
nonprofit educational or charitable institution for a government or
educational purpose and if lodging expense is limited to the day
preceding and the day or days of the event.
(i) Hospitality including overnight lodging, food, and
beverage at the residence or other home of the host if the host is
present. If the host is a personal friend and has no substantial
interest in the legislative, administrative, or political actions
of the recipient and no other fact creates a conflict of interest,
there is no limit on the number of days stayed. If the host has a
substantial interest in the legislative, administrative, or
political actions of the recipient, the exempt stay shall not
exceed 2 nights and the gratuity shall be reported on a financial
disclosure form to the secretary of state. This subdivision does
not permit the use of a lodging, motor home, or boat if the host is
not personally present or, regardless of the presence of the host,
if the purpose is to provide the legislator with a paid or
subsidized vacation. A legislator may accept transportation in a
host's personal or company car or van to the place of a social
event. A legislator shall not accept unusual or expensive travel,
such as by air or limousine, to the residence of the host or other
place.
(3) A person shall not directly or indirectly provide, offer,
or promise anything of value to a legislator with the intent to
influence legislative, administrative, or political action.
Sec. 235. (1) A legislator shall not seek, accept, or retain
employment, including employment as an adviser or consultant, that
does any of the following:
(a) Makes it unreasonably difficult to fulfill a legislative
obligation.
(b) Requires the disclosure or use of nonpublic or
confidential information acquired in the course of legislative
service.
(c) Requires the improper use of a government relationship or
the authority, prestige, or title associated with legislative
office.
(d) Involves a payment that by a reasonable, objective
standard is not commensurate with a service rendered and appears to
involve a premium as a result of the legislator's position in the
legislature.
(e) Requires the legislator under a conflict of interest and
disqualification requirement to refrain from taking a legislative,
administrative, or political action in a certain situation.
(f) Requires the legislator to compromise an ethical or legal
duty.
(2) A legislator who accepts otherwise permissible employment
with a person who has a substantial interest in a legislative,
administrative, or political action shall comply with the special
disclosure provisions of the financial disclosure act and shall
scrupulously avoid conduct that would lead a reasonable, objective
person to believe that the legislator is unable or unwilling to
exercise independent, objective, and impartial judgment in
considering a matter that affects an interest of the legislator's
employer.
(3) A legislator shall not accept an honorarium. If a
legislator or his or her immediate family member uses
transportation, obtains lodging, or consumes food or beverages in
connection with an undertaking in the discharge of the duties of
elective office and if the cost of the transportation, lodging,
food, or beverages or a combination of the costs is more than
$50.00 and is paid or reimbursed by a person or persons other than
the legislator or the house of the legislature in which he or she
serves, the legislator shall report the name and address of and the
amount of costs paid or reimbursed by each paying person on a form
provided by the secretary of state.
Sec. 237. (1) A legislator shall exercise his or her power and
prerogative without prejudice or favoritism and shall not use
public authority to reward, hinder, or punish a relative, friend,
or political supporter or to reward, hinder, or punish an
adversary.
(2) In addition to any other remedy authorized under this act,
a person who violates this section is guilty of a misdemeanor.
Sec. 239. (1) A legislator shall not interfere with the
ability or willingness of a state or municipal governmental body,
official, or employee to use independent judgment in making an
official decision or in taking an appropriate action on the merits
of an issue.
(2) A legislator shall not use or appear to use political
influence in a way that is likely to cause another public official
to consider an inappropriate factor in exercising public authority.
An act either intended to or likely to be construed as enticement,
trade-off, threat, ingratiation, intimidation, or coercion is
improper. Except to assure that a particular person is being
treated fairly according to an established rule or procedure, a
legislator shall not interfere with or seek to influence any of the
following:
(a) The outcome or substantive finding of an adjudicatory
proceeding of a governmental regulatory body.
(b) A decision regarding the commencement, scope, or
termination of an investigatory process of a governmental agency.
(c) An action of a governmental agency concerning the granting
or revoking of a license, permit, franchise, or similar
entitlement.
(3) This section does not prevent a legislator from doing any
of the following:
(a) Inquiring about the status of a matter.
(b) Openly advocating the position of a constituent on the
merits if no effort is made to unduly influence the decision-making
process by express or implied political pressure in a matter
involving a discretionary decision of an administrative body that
will have direct and significant economic or social impact on the
legislator's district.
(c) Exercising vigilant oversight with respect to the policy,
regulation, procedure, or implementation of a practice of an
agency.
(4) In addition to any other remedy authorized under this act,
a person who violates this section is guilty of a misdemeanor.
Sec. 241. A legislator shall disclose to the governmental
ethics board a financial, professional, or personal interest that
is likely to create in the mind of a reasonable, objective person
the belief that the legislator's objectivity and ability to
exercise independent judgment in the public interest have been
adversely affected by that interest.
Sec. 243. (1) A legislator shall comply with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275, and exercise the authority
of his or her office openly so that the public is informed about
governmental decisions and the citizenry can hold him or her
accountable for his or her actions.
(2) A legislator shall assure that anyone to whom he or she
has delegated responsibility, including staff or an administrative
agency, carries out the delegated responsibility efficiently,
equitably, and ethically.
(3) A legislator who believes that a policy or rule of a house
of the legislature is not achieving its intended purpose, is
creating an unintended harm, or is wasteful or inefficient shall
take an affirmative step to improve the procedure to increase the
fairness and quality of government service and assure that the
policy is implemented efficiently, equitably, and economically.
Sec. 245. (1) A legislator shall maintain the integrity and
trustworthiness of government by preventing an unethical practice,
unlawful conduct, corruption, mismanagement, waste of public funds,
danger to public safety, or any other abuse of public position,
authority, or resource.
(2) A legislator who has a good faith, reasonable belief that
the public interest requires the disclosure of a governmental
policy or action thought to be unlawful or improper shall reveal
that information to the appropriate authority.
(3) A legislator shall not, directly or indirectly, subject a
person to reprisal, retaliation, harassment, discrimination, or
ridicule for reporting to a government entity conduct the person
reasonably believes is a violation of this act or other state law.
A legislative employee who is discharged, disciplined,
involuntarily transferred, or otherwise penalized by a legislator
is protected by the whistleblowers' protection act, 1980 PA 469,
MCL 15.361 to 15.369.
CHAPTER 3 – REMEDIES AND SANCTIONS
Sec. 301. A person who violates this act or makes a false,
deliberately misleading or incomplete, or unnecessarily delayed
disclosure of a violation of this act is subject to 1 or more of
the following sanctions:
(a) A civil fine of $5,000.00 for each offense or twice the
amount improperly gained by the misconduct, whichever is less.
(b) Divestiture of a specified asset or withdrawal from a
specified relationship.
(c) Detailed disclosure with or without an additional periodic
reporting requirement.
(d) Restitution or reimbursement.
(e) Written reprimand.
(f) Consideration by the legislature of means by which
legislation, a part of legislation, or other action resulting from
conduct in violation of this act could be nullified.
(g) Censure and disqualification from serving as a member,
chairperson, or co-chairperson on a legislative committee for the
remainder of the legislator's term in office.
(h) Expulsion of a legislator.
(i) Any other sanction to achieve the purposes of this act.
Sec. 303. (1) The governmental ethics board is the
administrative body with authority to conduct administrative
proceedings under this act.
(2) The attorney general or, upon failure of the attorney
general to bring an action within 60 days after a written request
to do so, any citizen may bring a civil action for a violation of
this act.
(3) The right to proceed in a separate civil suit under this
section is independent of any proceeding conducted by the
governmental ethics board but, to the extent that a civil fine is
ordered for any offense, a person shall be fined $5,000.00 for each
offense or twice the amount improperly gained by the misconduct,
whichever is less.
(4) When paid, a civil fine that is ordered pursuant to this
act shall be deposited in the general fund of the state.
Sec. 305. An offense designated as a misdemeanor under this
act is punishable as provided in section 504 of the Michigan penal
code, 1931 PA 328, MCL 750.504.
Sec. 307. Conduct that is criminal under this act or another
state law may be separately prosecuted without regard to the
resolution or pendency of a charge before an administrative body or
a civil court.
Sec. 309. The attorney general shall assist the legislature
with the enforcement of corrective action and shall assist the
legislature with the enforcement of a sanction imposed under this
act. The attorney general may independently bring a civil or
criminal action based on a violation of this act.
Enacting section 1. This act takes effect April 1, 2007.
Enacting section 2. This act does not take effect unless all
of the following bills of the 93rd Legislature are enacted into
law:
(a) House Bill No. 5938.
(b) House Bill No. 5939.