HOUSE BILL No. 6302 December 1, 1998, Introduced by Reps. Richner, Dobb, Bobier, Kaza, Crissman, Bodem, London, Dalman, Oxender, Brackenridge, Nye, Gire, Profit and McNutt and referred to the Committee on House Oversight and Ethics. A bill to amend 1978 PA 472, entitled "An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts," by amending section 5 (MCL 4.415), as amended by 1986 PA 83. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5. (1) "Legislative action" means introduction, spon- 2 sorship, support, opposition, consideration, debate, vote, pas- 3 sage, defeat, approval, veto, delay, or an official action by an 4 official in the executive branch or an official in the legisla- 5 tive branch on a bill, resolution, amendment, nomination, 6 appointment, report, or any matter pending or proposed in a leg- 7 islative committee or either house of the legislature. 8 Legislative action does not include the representation of a 06837'98 * LBO 2 1 person who has been subpoenaed to appear before the legislature 2 or an agency of the legislature. 3 (2) "Lobbying" means communicating directly with an official 4 in the executive branch of state government or an official in the 5 legislative branch of state government for the purpose of influ- 6 encing legislative or administrative action. Lobbying does not 7 include the providing of technical information by a person other 8 than a person as defined in subsection (5) or an employee of a 9 person as defined in subsection (5) when appearing before an 10 officially convened legislative committee or executive department 11 hearing panel. As used in this subsection, "technical 12 information" means empirically verifiable data provided by a 13 person recognized as an expert in the subject area to which the 14 information provided is related. 15 (3) "Influencing" means promoting, supporting, affecting, 16 modifying, opposing or delaying by any means, including the pro- 17 viding of or use of information, statistics, studies, or 18 analysis. 19 (4) "Lobbyist" means any of the following: 20 (a) A person whose expenditures for lobbying are more than 21 $1,000.00 in value in any 12-month period. 22 (b) A person whose expenditures for lobbying are more than 23 $250.00 in value in any 12-month period, if the amount is 24 expended on lobbying a single public official. 25 (c) For the purpose of subdivisions (a) and (b), groups of 26 25 or more people shall not have their personal expenditures for 06837'98 * 3 1 food, travel, and beverage included, providing those expenditures 2 are not reimbursed by a lobbyist or lobbyist agent. 3 (d) The state or a political subdivision which contracts for 4 a lobbyist agent. 5 (5) "Lobbyist agent" means a person who receives compensa- 6 tion or reimbursement of actual expenses, or both, in a combined 7 amount in excess of $250.00 in any 12-month period for lobbying. 8 (6) "Representative of the lobbyist" means any of the 9 following: 10 (a) An employee of the lobbyist or lobbyist agent. 11 (b) For purposes ofsectionSECTIONS 8(1)(b)(i) and 12 9(1)(b), a member of the lobbyist or employee of a member of the 13 lobbyist, when the lobbyist is a membership organization or asso- 14 ciation, and when the lobbyist agent or an employee of the lobby- 15 ist or lobbyist agent is present during any part of the period 16 during which the purchased food or beverage is consumed. 17 (c) A person who is reimbursed by the lobbyist or lobbyist 18 agent for an expenditure, other than an expenditure for food or 19 beverage, which was incurred for the purpose of lobbying. 20 (7) Lobbyist or lobbyist agent does not include: 21 (a) A publisher, owner, or working member of the press, 22 radio, or television while disseminating news or editorial com- 23 ment to the general public in the ordinary course of business. 24 (b) All elected or appointed public officials of state or 25 local government who are acting in the course or scope of the 26 office for no compensation, other than that provided by law for 27 the office. 06837'98 * 4 1 (c) For the purposes of this act, subdivision (b) shall not 2 include: 3 (i) Employees of public or private colleges, community col- 4 leges, junior colleges or universities. 5 (ii) Employees of townships, villages, cities, counties or 6 school boards. 7 (iii) Employees of state executive departments. 8 (iv) Employees of the judicial branch of government. 9 (d) A member of a lobbyist, if the lobbyist is a membership 10 organization or association, and if the member of a lobbyist does 11 not separately qualify as a lobbyist under subsection (4). 12 (8) "Mass mailing" means not less than 1,000 pieces of sub- 13 stantially similar material mailed within a 7-day period. 14 (9) "Official in the executive branch" means the governor, 15 lieutenant governor, secretary of state, attorney general; or an 16 individual who is in the executive branch of state government and 17 not under civil service; a classified director, chief deputy 18 director, or deputy director of a state department.This19 OFFICIAL IN THE EXECUTIVE BRANCH includes an individual who is 20 elected or appointed and has not yet taken, or an individual who 21 is nominated for appointment to, any of the offices or agencies 22 enumerated in this subsection. An official in the executive 23 branch does not include a person serving in a clerical, 24 nonpolicy-making, or nonadministrative capacity. In addition to 25 all of the foregoing, an official in the executive branch 26 includes all of the following: 06837'98 * 5 1 (a) In the executive office of the governor, the chief and 2 deputy chief of staff, press secretary, director of job training, 3 and director of personnel. 4 (b) In the department of agriculture, the racing commis- 5 sioner and a member of theagriculturecommission OF 6 AGRICULTURE. 7 (c) In the department of civil rights, a member of the 8 MICHIGAN DEPARTMENT OF civil rights commission. 9 (d) In the department of civil service, a member of the 10 civil service commission. 11 (e) In the department ofcommerceCONSUMER AND INDUSTRY 12 SERVICES, the commissioner of financial institutions, the execu- 13 tive director of the housing development authority, and a member 14 of the liquor control commission,strategic fund boardCOUNCIL 15 FOR THE ARTS AND CULTURAL AFFAIRS, state housing development 16 authority,travelOCCUPATIONAL HEALTH STANDARDS commission, 17orpublic service commission, THE DIRECTOR OF THE BUREAU OF 18 WORKERS' DISABILITY COMPENSATION, AND A MEMBER OF THE CONSTRUC- 19 TION CODE COMMISSION, EMPLOYMENT RELATIONS COMMISSION, EMPLOYMENT 20 SECURITY BOARD OF REVIEW, WAGE DEVIATION BOARD, OR THE STATE 21 INSURANCE COMMISSIONER. 22 (f) In the department of education, a member of the state 23 board of education, higher education facilities commission,24higher education facilities authority, higher education assist-25ance authority, higher education student loan authority,or 26 state tenure commission. 06837'98 * 6 1(g) In the department of labor, the director of the bureau2of workers' disability compensation, the director of the3employment security commission, and a member of the construction4code commission, employment relations commission, employment5security board of review, employment security commission, or wage6deviation board.7(h) In the department of licensing and regulation, the state8insurance commissioner.9 (G)(i)In the department of management and budget,the10lottery commissioner,the director of the office of services to 11 the aging, the director of the office of state employer, the 12 chairperson of the crime victims compensation board, and a member 13 of thecouncil for the arts,state administrative board, state 14 building authority, toxic substance control commission, or util- 15 ity consumer participation board. 16 (H)(j)In the department of natural resources,the17supervisor of wells anda member of theair pollution control18commission,natural resources commission,or water resources 19 commission. 20 (I) IN THE DEPARTMENT OF ENVIRONMENTAL QUALITY, THE SUPERVI- 21 SOR OF WELLS. 22 (J)(k)In the department ofpublicCOMMUNITY health, a 23 member of theoccupational health standards commissionOFFICE 24 FOR SERVICES TO THE AGING, AND CRIMES VICTIMS COMPENSATION 25 BOARD. 06837'98 * 7 1 (K)(l)In the department of transportation, a member of 2 the aeronautics commission and a state transportation 3 commissioner. 4 (l)(m)In the department of treasury, THE LOTTERY COMMIS- 5 SIONER, OR a member of the HIGHER EDUCATION ASSISTANCE AUTHORITY, 6 HIGHER EDUCATION STUDENT LOAN AUTHORITY, HIGHER EDUCATION FACILI- 7 TIES COMMISSION, HIGHER EDUCATION FACILITIES AUTHORITY, hospital 8 finance authority, investment advisory committee, or state tax 9 commission. 10 (M) IN THE DEPARTMENT OF MICHIGAN JOBS COMMISSION, THE 11 DIRECTOR OF THE EMPLOYMENT SERVICES AGENCY AND A MEMBER OF THE 12 EMPLOYMENT SERVICES AGENCY, STRATEGIC FUND BOARD, AND TRAVEL 13 MICHIGAN. 14 (10) "Official in the legislative branch" means a member of 15 the legislature, the auditor general, the deputy auditor general, 16 an employee of the consumer's council, the director of the legis- 17 lative retirement system, A CANDIDATE AS THAT TERM IS DEFINED IN 18 SECTION 3 OF THE MICHIGAN CAMPAIGN FINANCE ACT, 1976 PA 388, 19 MCL 169.203, or any other employee of the legislature other than 20 an individual employed by the state in a clerical or 21 nonpolicy-making capacity. 22 (11) "Governmental body" means any state legislative or gov- 23 erning body, including a board, commission, committee, subcommit- 24 tee, authority, or council, which is empowered by state constitu- 25 tion, statute, or rule to exercise governmental or proprietary 26 authority or perform a governmental or proprietary function, or a 06837'98 * 8 1 lessee thereof performing an essential public purpose and 2 function under the lease agreement. 06837'98 * Final page. 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