SENATE BILL No. 1447

 

 

September 14, 2006, Introduced by Senator McMANUS and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending sections 4, 42, 54, and 57 (MCL 169.204, 169.242,

 

169.254, and 169.257), section 4 as amended by 1989 PA 95, sections

 

42 and 57 as amended by 2001 PA 250, and section 54 as amended by

 

1995 PA 264.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) "Contribution" means a payment, gift,

 

subscription, assessment, expenditure, contract, payment for

 

services, dues, advance, forbearance, loan, or donation of money or

 

anything of ascertainable monetary value, or a transfer of anything

 

of ascertainable monetary value to a person, made for the purpose

 


of influencing the nomination or election of a candidate, or for

 

the qualification, passage, or defeat of a ballot question.

 

     (2) Contribution includes the full purchase price of tickets

 

or payment of an attendance fee for events such as dinners,

 

luncheons, rallies, testimonials, and other fund-raising events; an

 

individual's own money or property other than the individual's

 

homestead used on behalf of that individual's candidacy; the

 

granting of discounts or rebates not available to the general

 

public; or the granting of discounts or rebates by broadcast media

 

and newspapers not extended on an equal basis to all candidates for

 

the same office; and the endorsing or guaranteeing of a loan for

 

the amount the endorser or guarantor is liable.

 

     (3) Contribution does not include any of the following:

 

     (a) Volunteer personal services provided without compensation,

 

or payments of costs incurred of less than $500.00 in a calendar

 

year by an individual for personal travel expenses if the costs are

 

voluntarily incurred without any understanding or agreement that

 

the costs shall be, directly or indirectly, repaid.

 

     (b) Food and beverages, not to exceed $100.00 in value during

 

a calendar year,  which  that are donated by an individual and for

 

which reimbursement is not given.

 

     (c) An offer or tender of a contribution if expressly and

 

unconditionally rejected, returned, or refunded in whole or in part  

 

within 30  not later than 10 business days after  receipt  

 

receiving a notice from the secretary of state that the

 

contribution is prohibited under this act.

 

     Sec. 42. (1) A person who accepts a contribution, other than

 


by written instrument, on behalf of another and acts as the

 

intermediary or agent of the person from whom the contribution was

 

accepted shall disclose to the recipient of the contribution the

 

intermediary's own name and address and the name and address of the

 

actual source of the contribution. If the recipient of the

 

contribution knows that the person making the contribution is

 

acting as an intermediary, the person shall not accept the

 

contribution unless it is accompanied by the required disclosure.

 

     (2) A contribution from a person whose treasurer does not

 

reside in, whose principal office is not located in, or whose funds

 

are not kept in this state, shall not be made or accepted by a

 

person for purposes of supporting or opposing candidates for

 

elective office or the qualification, passage, or defeat of a

 

ballot question unless accompanied by a statement certified as true

 

and correct by an officer of the contributing person setting forth

 

the full name and address along with the amount contributed, of

 

each person who contributed to the total amount of the

 

contribution. The occupation, employer, and principal place of

 

business shall be listed for each person who contributed more than

 

$100.00 to the total amount of the contribution. The certified

 

statement shall also state that the contribution was not made from

 

an account containing funds prohibited by section 54. This

 

subsection does not apply if the contributing person is registered

 

as a committee under section 24.

 

     (3) A person shall not receive a contribution from a person

 

other than a committee, and a person other than a committee shall

 

not make a contribution, unless, for purposes of the recipient

 


person's record keeping and reporting requirements, the

 

contribution is accompanied by the name and address of each person

 

who contributed to the total amount of the contribution and the

 

name, address, occupation, employer, and principal place of

 

business of each person who contributed more than $100.00 to the

 

total amount of the contribution.

 

     (4) A contribution from a person whose treasurer does not

 

reside in, whose principal office is not located in, or whose money

 

is not kept in this state shall not be made or accepted by a person

 

for purposes of supporting or opposing candidates for elective

 

office if the contributing person has received contributions on an

 

automatic basis, including, but not limited to, a payroll deduction

 

plan, unless the contribution is accompanied by a statement,

 

certified as true and correct by an officer of the contributing

 

person, setting forth that all contributions received on an

 

automatic basis are in full compliance with section 55.

 

     (5) A person who knowingly violates this section is guilty of

 

a misdemeanor punishable, if the person is an individual, by a fine

 

of not more than $1,000.00 or imprisonment for not more than 90

 

days, or both, or, if the person is other than an individual, by a

 

fine of not more than $10,000.00.

 

     Sec. 54. (1) Except with respect to the exceptions and

 

conditions in subsections (2) and (3) and section 55, and to loans

 

made in the ordinary course of business, a corporation, joint stock

 

company, domestic dependent sovereign, or labor organization shall

 

not make a contribution or expenditure or provide volunteer

 

personal services that are excluded from the definition of a

 


contribution  pursuant to  under section 4(3)(a).

 

     (2) An officer, director, stockholder, attorney, agent, or any

 

other person acting for a labor organization, a domestic dependent

 

sovereign, or a corporation or joint stock company, whether

 

incorporated under the laws of this or any other state or foreign

 

country, except corporations formed for political purposes, shall

 

not make a contribution or expenditure or provide volunteer

 

personal services that are excluded from the definition of a

 

contribution  pursuant to  under section 4(3)(a).

 

     (3) A corporation, joint stock company, domestic dependent

 

sovereign, or labor organization may make a contribution to a

 

ballot question committee subject to this act. A corporation, joint

 

stock company, domestic dependent sovereign, or labor organization

 

may make an independent expenditure in any amount for the

 

qualification, passage, or defeat of a ballot question. A

 

corporation, joint stock company, domestic dependent sovereign, or

 

labor organization that makes an independent expenditure under this

 

subsection is considered a ballot question committee for the

 

purposes of this act.

 

     (4) A person shall not accept a contribution that is

 

prohibited by this section.

 

     (5)  (4)  A person who knowingly violates this section is

 

guilty of a felony punishable, if the person is an individual, by a

 

fine of not more than $5,000.00 or imprisonment for not more than 3

 

years, or both, or, if the person is not an individual, by a fine

 

of not more than $10,000.00.

 

     Sec. 57. (1) A public body or an individual acting for a

 


public body shall not use or authorize the use of funds, personnel,

 

office space, computer hardware or software, property, stationery,

 

postage, vehicles, equipment, supplies, or other public resources

 

to make a contribution or expenditure or provide volunteer personal

 

services that are excluded from the definition of contribution

 

under section 4(3)(a). This subsection does not apply to any of the

 

following:

 

     (a) The expression of views by an elected or appointed public

 

official who has policy making responsibilities.

 

     (b) The production or dissemination of factual information

 

concerning issues relevant to the function of the public body.

 

     (c) The production or dissemination of debates, interviews,

 

commentary, or information by a broadcasting station, newspaper,

 

magazine, or other periodical or publication in the regular course

 

of broadcasting or publication.

 

     (d) The use of a public facility owned or leased by, or on

 

behalf of, a public body if any candidate or committee has an equal

 

opportunity to use the public facility.

 

     (e) The use of a public facility owned or leased by, or on

 

behalf of, a public body if that facility is primarily used as a

 

family dwelling and is not used to conduct a fund-raising event.

 

     (f) An elected or appointed public official or an employee of

 

a public body who, when not acting for a public body but  is  on

 

his or her own personal time, is expressing his or her own personal

 

views, is expending his or her own personal funds, or is providing

 

his or her own personal volunteer services.

 

     (2) A person shall not accept a contribution that is

 


prohibited under this section.

 

     (3)  (2)  A person who knowingly violates this section is

 

guilty of a misdemeanor punishable, if the person is an individual,

 

by a fine of not more than $1,000.00 or imprisonment for not more

 

than 1 year, or both, or if the person is not an individual, by 1

 

of the following, whichever is greater:

 

     (a) A fine of not more than $20,000.00.

 

     (b) A fine equal to the amount of the improper contribution or

 

expenditure.