HB-5274, As Passed House, May 30, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5274
A bill to require public entities to provide certain contract
information for posting on a public website.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"public contract disclosure act".
Sec. 2. As used in this act:
(a) "Contract" means an agreement for a public entity to
procure goods or services from a private entity for $25,000.00 or
more, or estimated to total $25,000.00 or more. Contract does not
include an employment contract for a position filled through a
civil service or similar merit system or a position normally filled
by a vote of the electors.
(b) "Department" means the department of technology,
House Bill No. 5274 (H-3) as amended May 23, 2012
management, and budget.
(c) "Public entity" means this state; a department or agency
of this state; a city, village, township, county, or other
political subdivision of this state; a school district,
intermediate school district, or special district; cyber school;
public school academy; a community college or junior college as
described in section 7 of article VIII of the state constitution of
1963; an institution of higher education, as described in section 4
of article VIII of the state constitution of 1963; or any other
public entity of this state or of a political subdivision of this
state.
Sec. 3. (1) Beginning June 30, 2012, a public entity shall
prepare a list with information concerning each of its contracts
that were entered into or that are in effect at any time during the
immediately preceding 12 months. The information listed concerning
each contract shall include all of the following:
(a) The name of the contracting private entity.
(b) The dollar amount of the contract. However, if the dollar
amount of a contract is not easily ascertainable, the public entity
shall include the estimated amount of the contract and shall update
the estimated dollar amount each month until the actual dollar
amount is ascertainable.
[(c) For a contract for the lease or lease purchase of a motor vehicle, in addition to the information in subdivisions (a) and (b), the duration of the lease.]
(2) The public entity shall post the information indicated in
subsection (1) on the public entity's website with a link to the
information on the public entity's homepage or shall submit the
information to the department electronically, in a format specified
by the department. The department shall post the information it
receives on the department's public website within 90 days after
receiving the information.
(3) A public entity shall update the information required to
be posted under this section at least monthly.