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.