MEMBER OF PLANNING COMMISSION TO ABSTAIN

FROM VOTING WHEN CONFLICT PRESENT

House Bill 4968 as introduced

Sponsor:  Rep. Gary Glenn

Committee:  Energy Policy

Complete to 12-8-17

SUMMARY:

House Bill 4968 would amend the Michigan Planning Enabling Act by requiring a planning commission member to abstain from voting on a matter in which the member has a direct financial interest.

The Michigan Planning Enabling Act was enacted in 2008 to, among other things, allow a local unit of government to adopt an ordinance creating a planning commission. The planning commission’s duties include making and approving a master plan as a guide for development within the planning jurisdiction, which may require a vote from the commission.

Currently, members of a planning commission can be removed for misfeasance, malfeasance, or nonfeasance in office. In addition, a member must disclose any potential conflicts of interest to the planning commission before voting on a matter, which could result in disqualification from voting. HB 4968 would expand this and require a member to disqualify himself or herself from a vote in which that member has a direct financial interest. Failure to do so would constitute malfeasance in office.

The bill would take effect 90 days after its enactment.

MCL 125.3815

 

FISCAL IMPACT:

House Bill 4968 would have no fiscal impact on state or local government.

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   Ben Gielczyk

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.