HOUSE BILL No. 5359

 

February 2, 2012, Introduced by Reps. Slavens, Dillon, Byrum, Darany, Bledsoe, Lipton, Brunner, Segal, Olumba, Geiss, Hovey-Wright, Tlaib, Durhal, Nathan, Lindberg, Ananich, Rutledge, Bauer, Townsend, Liss, Hammel, Meadows, Switalski, McCann, Irwin, Howze and Brown and referred to the Committee on Redistricting and Elections.

 

     A bill to amend 1984 PA 431, entitled

 

"The management and budget act,"

 

(MCL 18.1101 to 18.1594) by adding section 264a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 264a. (1) The department or an agency exercising

 

delegated purchasing authority under this act shall not award a

 

contract with a value of $100,000.00 or more for construction,

 

goods, or services to a vendor if the vendor did either of the

 

following:

 

     (a) Made a contribution of $100.00 or more that was reportable

 

under the Michigan campaign finance act, 1976 PA 388, MCL 169.201

 

to 169.282, to an individual holding an elective office in the

 

government of this state during the 12 months immediately preceding

 

the award of the contract.

 


     (b) Gave a gift with a value that equals or exceeds the value

 

of a gift reportable under 1978 PA 472, MCL 4.411 to 4.431, to an

 

individual holding an elected or appointed office in the government

 

of this state that is excluded or exempt from the classified state

 

service during the 12 months immediately preceding the award of the

 

contract.

 

     (2) The department or an agency exercising delegated

 

purchasing authority to obtain construction, goods, or services

 

under this act shall include a provision in each contract it awards

 

that requires the contractor to certify that it will not make any

 

contribution or gift during the term of the contract with a value

 

that equals or exceeds the amount indicated in subsection (1) to an

 

individual holding an elected or appointed office in the government

 

of this state that is excluded or exempt from the classified state

 

service. A contractor that makes a gift or contribution in

 

violation of the certification required under this subsection is

 

responsible for a civil fine of not more than 3 times the amount of

 

that gift or contribution. The civil fine is payable to the state

 

treasurer for deposit into the general fund.

 

     (3) For purposes of this section, a political contribution by

 

an owner of an interest of 10% or more in the contractor or vendor,

 

or by an immediate family member of an owner of an interest of 10%

 

or more in the contractor or vendor, may be considered to be a

 

contribution by the contractor or vendor.

 

     (4) As used in this section, "immediate family member" means a

 

spouse, child, sibling, or parent of the individual and includes

 

anyone who the individual or the individual's spouse claims as a

 


dependent on his or her United States income tax return during the

 

12 months immediately preceding the award of the contract.