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.