May 4, 2005, Introduced by Reps. Tobocman, Gaffney, Vagnozzi, Lipsey, Ward, Hune, Farrah, McConico, Accavitti, Sheltrown, Schuitmaker, Walker and Cheeks and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1968 PA 317, entitled
"An act relating to the conduct of public servants in respect to
governmental decisions and contracts with public entities; to
provide penalties for the violation of this act; to repeal certain
acts and parts of acts; and to validate certain contracts,"
by amending section 4 (MCL 15.324).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4. (1) The prohibitions of section 2 of
this act shall
not apply to any of the following:
(a)
Contracts between public entities.
;
(b) Contracts awarded to the lowest qualified bidder, other
than a public servant, upon receipt of sealed bids pursuant to a
published
notice. therefor provided such notice does not bar,
except
Except as authorized by law, the notice shall not bar any
qualified person, firm, corporation, or trust from bidding. This
subsection shall not apply to amendments or renegotiations of a
contract
nor to additional payments thereunder made under a
contract which were not authorized by the contract at the time of
award. ;
and
(c) Contracts for public utility services where the rates
therefor
are regulated by the state or federal government.
(d) Contracts to purchase residential property. A public
servant may purchase 1 to 4 parcels not less than 18 months between
each purchase. This subdivision does not apply to public servants
who have been appointed or elected to their position or whose
employment responsibilities include the purchase or selling of
property for the public entities.
(2) A person that violates subsection (1)(d) is guilty of a
felony punishable by imprisonment for not more than 1 year or a
fine of not less than $1,000.00 or more 3 times the value of the
property purchased.