HOUSE BILL NO. 4269
March 14, 2023, Introduced by Reps. Harris, Kuhn, Thompson, Bollin, Greene, Rigas, Kunse,
Bierlein, Meerman, Tisdel, Schuette, Bezotte, Borton, Steele, St. Germaine and Beson and
referred to the Committee on Ethics and Oversight.
A bill to require certain public officers to file annual
financial disclosure reports; to create a financial disclosure
form; to prescribe penalties and civil sanctions; and to provide
for the powers and duties of certain state and local governmental
officers and entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act may be cited as the "public officers
2 financial disclosure report act".
3 Sec. 3. As used in this act:
4 (a) "Department" means the department of state.
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1 (b) "Earned income" means all taxable income and wages from an
2 employer or self-employment. Earned income does not include any of
3 the following:
4 (i) Pensions and annuities.
5 (ii) Welfare benefits.
6 (iii) Unemployment benefits.
7 (iv) Worker's compensation.
8 (v) Social Security.
9 (c) "Form" means the financial disclosure form described in
10 section 7.
11 (d) "Gift" means that term as defined in section 4 of 1978 PA
12 472, MCL 4.414.
13 (e) "Lobbyist" means that term as defined in section 5 of 1978
14 PA 472, MCL 4.415.
15 (f) "Lobbyist agent" means that term as defined in section 5
16 of 1978 PA 472, MCL 4.415.
17 (g) "Public officer" means all of the following:
18 (i) Each member of the legislature.
19 (ii) The attorney general.
20 (iii) The governor.
21 (iv) The lieutenant governor.
22 (v) The secretary of state.
23 (h) "Report" means the financial disclosure form described and
24 required under section 7 and section 10 of article IV of the state
25 constitution of 1963.
26 (i) "Reporting period" means the preceding calendar year.
27 (j) "Unearned income" means investment-type income, including
28 taxable interest, ordinary dividends, capital gains, unemployment
29 compensation, taxable Social Security benefits, pensions,
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1 annuities, cancellation of debt, and distributions of unearned
2 income from a trust. Unearned income does not include the total
3 cash value of any interest in a qualified trust unless both of the
4 following apply:
5 (i) The trust interest was executed before July 24, 1995.
6 (ii) The trust precludes the beneficiary from receiving
7 information on the total cash value of any interest in the
8 qualified trust.
9 Sec. 5. (1) A public officer shall electronically file an
10 annual financial disclosure report with the department.
11 (2) The report required under subsection (1) must first be
12 filed by April 15, 2024, and by April 15 of each year thereafter.
13 Sec. 7. The report described under section 5 must be filed in
14 a form that substantially conforms to the following form:
15 FINANCIAL DISCLOSURE FORM
16 INSTRUCTIONS:
17 A. For the purposes of determining the current value of an
18 interest in real property or an interest in a real estate
19 partnership to be reported in this form that is not ascertainable
20 without an appraisal, an individual may use either the date of
21 purchase and the purchase price of the interest in the real
22 property or the assessed value of the real property for tax
23 purposes, adjusted to reflect the market value of the property used
24 for the assessment if the assessed value is computed at less than
25 100% of the market value. The individual must include in this form
26 a description of the method used to determine the assessed value.
27 B. If the current value of any other item required to be
28 reported is not ascertainable without an appraisal, the individual
29 may do either of the following:
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1 (i) Report the book value of a corporation whose stock is not
2 publicly traded, the net worth of a business partnership, the
3 equity value of an individually owned business, or, with respect to
4 other holdings, any recognized indication of value. The individual
5 must include in this form a description of the method used in
6 determining the book value.
7 (ii) Use the assessed value of the item for tax purposes,
8 adjusted to reflect the market value of the item used for the
9 assessment if the assessed value is computed at less than 100% of
10 the market value. The individual must include in this form a
11 description of the method used in determining the assessed value.
12 Please provide the following information. If the answer to any
13 of the following questions is "none," please state so. Attach
14 additional pages, if necessary, indicating the section that is
15 being continued.
16 __________________________________________________________________
17 Last Name First Name Initial
18 __________________________________________________________________
19 Title Department or Agency
20 __________________________________________________________________
21 Work Address Work Telephone No. Email Address
22 1. Assets and unearned income. Describe: (a) each asset held
23 for investment or production of income with a fair market value
24 received during the reporting period, and (b) any other reportable
25 assets in unearned income during the reporting period. Do not
26 include the assets and unearned income of a spouse or dependent
27 child.
28 Type of
Asset Name Value of Asset Amount of Income
29 Income
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1 Not more than
2 $1,000.00
3 Greater than $1,000.00
4 but not more than
5 $2,500.00
6 Greater than $5,000.00
7 but not more than
8 $15,000.00
9 Greater than
10 $15,000.00 but not
11 more than $50,000.00
12 Greater than
13 $50,000.00 but not
14 more than $100,000.00
15 Greater than
16 $100,000.00 but not
17 more than
18 $1,000,000.00
19 Greater than
20 $1,000,000.00
21 Instruction for amount of assets or income: Indicate the
22 category of assets or income by checking the appropriate box
23 indicating the value of the asset and the amount of income received
24 from that asset.
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1 2. Sources of earned income. List the source, type, and amount
2 of earned income from any source (other than the current employment
3 by this state) during the reporting period. Include: source, date,
4 and amount of honoraria from any source received during the
5 reporting period and the source, date, and amount of payments made
6 to charitable organizations in lieu of honoraria. Do not include
7 the earned income of a spouse or dependent child.
8 Source Type Amount Date
9 _____________ ____________________ _______________ _______________
10 _____________ ____________________ _______________ _______________
11 _____________ ____________________ _______________ _______________
12 _____________ ____________________ _______________ _______________
13 3. Description of liabilities. List all liabilities owed by
14 you to a creditor at any time during the reporting period. Do not
15 include the liabilities of a spouse or dependent child. Report a
16 revolving charge account only if the balance at the close of the
17 reporting period exceeds $10,000.00.
18 Date Liability Type of
Creditor Amount of Liability
19 Incurred (MO/YR) Liability
20 Not more than
21 $15,000.00
22 Greater than
23 $15,000.00 but not
24 more than $50,000.00
25 Greater than
26 $50,000.00 but not
27 more than $100,000.00
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1 Greater than
2 $100,000.00 but not
3 more than $250,000.00
4 Greater than
5 $250,000.00 but not
6 more than $500,000.00
7 Greater than
8 $500,000.00 but not
9 more than
10 $1,000,000.00
11 Greater than
12 $1,000,000.00
13 Instruction for amount of liability: Indicate the category of
14 liability by checking the appropriate box in the amount of
15 liability.
16 4. Current positions. List all positions currently held as an
17 officer, director, trustee, partner, proprietor, representative,
18 employee, or consultant of any organization, corporation, firm,
19 partnership, or other business enterprise, nonprofit organization,
20 labor organization, or educational or other institution other than
21 this state. Exclude: positions held in any religious, social,
22 fraternal, or political entity, or positions that are solely of an
23 honorary nature.
24 Position Name of Organization
25 _____________________________ _____________________________________
26 _____________________________ _____________________________________
27 _____________________________ _____________________________________
28 _____________________________ _____________________________________
29 _____________________________ _____________________________________
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1 5. Agreements or arrangements. Identify the date, parties to,
2 and general terms of any agreements or arrangements with respect to
3 future employment, a leave of absence while serving as a public
4 officer, continuation or deferral of payments by a former or
5 current employer other than this state, or continuing participation
6 in an employee welfare or benefit plan maintained by a former
7 employer.
8 Parties to Agreement Terms of Agreement or
Date
9 or Arrangement Arrangement
10 ______________________ ______________________ ______________________
11 ______________________ ______________________ ______________________
12 ______________________ ______________________ ______________________
13 ______________________ ______________________ ______________________
14 ______________________ ______________________ _____________________
15 6. Gifts. List all gifts received and required to be reported
16 by a lobbyist or lobbyist agent under state law.
17 Recipient of Nature of Relationship
Donor of Gift Date Received
18 Gift Gift to Donor
19 _____________ _____________ _____________ _____________ _____________
20 _____________ _____________ _____________ _____________ _____________
21 _____________ _____________ _____________ _____________ _____________
22 _____________ _____________ _____________ _____________ _____________
23 _____________ _____________ _____________ _____________ _____________
24 7. Travel payments and reimbursements. List all travel
25 payments received and required to be reported by a lobbyist or
26 lobbyist agent under state law.
27 Recipient Payor of
Relationship Purpose Amount Date
28 of Travel Travel
to Payor of Travel Received Received
29 Payments Payments
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1 ___________ ___________ _____________ _________ __________ __________
2 ___________ ___________ _____________ _________ __________ __________
3 ___________ ___________ _____________ _________ __________ __________
4 ___________ ___________ _____________ _________ __________ __________
5 ___________ ___________ _____________ _________ __________ __________
6 8. Payments to charity in lieu of honoraria. Describe each
7 payment made by a lobbyist or lobbyist agent to a charity in lieu
8 of honoraria.
9 Name of
10 Lobbyist or Purpose of Name of Date of
Amount Paid
11 Lobbyist Payment Organization Payment
12 Agent
13 _____________ _____________ _____________ _____________ _____________
14 _____________ _____________ _____________ _____________ _____________
15 _____________ _____________ _____________ _____________ _____________
16 _____________ _____________ _____________ _____________ _____________
17 _____________ _____________ _____________ _____________ _____________
18 I certify that the statements I have made on this financial
19 disclosure form and all attached pages are true, complete, and
20 correct to the best of my knowledge and belief.
21 Signed: ________________________
22 Date Signed: ___________________
23 Sec. 9. (1) A form filed pursuant to this act must be signed
24 and dated by the public officer.
25 (2) An individual who knowingly and willfully falsifies or
26 fails to file a report is guilty of a misdemeanor punishable by a
27 fine of not more than $1,000.00 or imprisonment for not more than
28 90 days, or both.
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