March 27, 2007, Introduced by Senators PAPPAGEORGE, KAHN and JANSEN and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1973 PA 196, entitled
"An act to prescribe standards of conduct for public officers and
employees; to create a state board of ethics and prescribe its
powers and duties; and to prescribe remedies and penalties,"
by amending section 2 (MCL 15.342), as amended by 1984 PA 53.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) A public officer or employee shall not divulge to
an
unauthorized person , confidential information acquired in the
course of employment in advance of the time prescribed for its
authorized release to the public.
(2) A public officer or employee shall not represent his or
her personal opinion as that of an agency.
(3) A public officer or employee shall use personnel
resources,
property, and funds under the officer officer's or
employee's official care and control judiciously and solely in
accordance with prescribed constitutional, statutory, and
regulatory procedures and not for personal gain or benefit.
(4) A public officer or employee shall not solicit or accept a
gift or loan of money, goods, services, or other thing of value for
the benefit of a person or organization, other than the state,
which
that tends to influence the manner in which the public
officer or employee or another public officer or employee performs
official duties.
(5) A public officer or employee shall not engage in a
business transaction in which the public officer or employee may
profit from his or her official position or authority or benefit
financially
from confidential information which that the public
officer or employee has obtained or may obtain by reason of that
position or authority. Instruction which is not done during
regularly scheduled working hours except for annual leave or
vacation time shall not be considered a business transaction
pursuant
to under this subsection if the instructor does not have
any direct dealing with or influence on the employing or
contracting facility associated with his or her course of
employment with this state.
(6) Except as provided in section 2a, a public officer or
employee shall not engage in or accept employment or render
services for a private or public interest when that employment or
service is incompatible or in conflict with the discharge of the
officer
officer's or employee's official duties or when that
employment may tend to impair his or her independence of judgment
or action in the performance of official duties.
(7) Except as provided in section 2a, a public officer or
employee shall not participate in the negotiation or execution of
contracts, making of loans, granting of subsidies, fixing of rates,
issuance of permits or certificates, or other regulation or
supervision relating to a business entity in which the public
officer or employee has a financial or personal interest.
(8) A public officer shall not solicit or accept a gift or
reimbursement of out-of-state travel expenses from a person
required to be registered as a lobbyist agent under 1978 PA 472,
MCL 4.411 to 4.431.
(9) A public officer shall not solicit or accept a
contribution, as defined in section 4 of the Michigan campaign
finance act, 1976 PA 388, MCL 169.204, in any facility or portion
of a facility owned or leased by the state that is used primarily
for the conducting of government business. An individual who
violates this subsection is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of $1,000.00 or
the amount of the contribution accepted, whichever is greater, or
both imprisonment and a fine.