SB-1263, As Passed House, September 16, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1263

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 4 (MCL 4.414) and by adding section 19.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4. (1) "Gift" means a payment, advance, forbearance, or

the rendering or deposit of money, services, or anything of value,

the value of which exceeds $25.00, as adjusted under section 19a,

in any 1-month period, unless consideration of equal or greater

value is received therefor. Gift includes a payment, advance,

forbearance, or the rendering or deposit of money, services, or

anything of value to aid the defense of an official in the

legislative branch or an official in the executive branch against a

legal action not directly related to the governmental duties of the

official. Gift does not include the following:

(a) A campaign contribution otherwise reported as required by

~~Act No. 388 of the Public Acts of 1976, as amended, being sections~~

~~169.201 to 169.282 of the~~ ~~Michigan~~ ~~Compiled Laws~~ the Michigan

campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.

(b) A loan made in the normal course of business by an

institution as defined in ~~section 5 of Act No. 319 of the Public~~

~~Acts of 1969, as amended, being section 487.305 of the~~ ~~Michigan~~

~~Compiled Laws~~ chapter 1 of the banking code of 1999, 1999 PA 276,

MCL 487.11101 to 487.11203, a national bank, a branch bank, an

insurance company issuing a loan or receiving a mortgage in the

normal course of business, a premium finance company, a mortgage

company, a small loan company, a state or federal credit union, a

savings and loan association chartered by this state or the federal

government, or a licensee as defined by ~~Act No. 27 of the Public~~

~~Acts of the Extra Session of 1950, as amended, being sections~~

~~492.101 to 492.141 of the~~ ~~Michigan~~ ~~Compiled Laws~~ the motor vehicle

sales finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141.

family, a relative of a spouse, a relative within the seventh

degree of consanguinity as computed by the civil law method, or

from the spouse of the relative.

(d) A breakfast, luncheon, dinner, or other refreshment

consisting of food and beverage provided for immediate consumption.

(e) ~~A donation to an officeholder expense fund otherwise~~

~~reported as required by Act No. 388 of the Public Acts of 1976, as~~

~~amended, being sections 169.201 to 169.282 of the Michigan Compiled~~

~~Laws.~~ A contribution to a legal defense fund that is registered

with the secretary of state under the legal defense fund act and

whose purpose is to defend an elected official against any

criminal, civil, or administrative action, that arises directly out

of the conduct of the elected official's governmental duties.

(2) "Immediate family" means a child residing in an

individual's household, a spouse of an individual, or an individual

claimed by that individual or that individual's spouse as a

dependent for federal income tax purposes.

(3) "Loan" means a transfer of money, property, or anything of

ascertainable value in exchange for an obligation, conditional or

not, to repay in whole or in part.

Sec. 19. (1) A declaratory ruling shall be issued by the

secretary of state under this section only if the person requesting

the ruling has provided a reasonably complete statement of facts

necessary for the ruling or if the person requesting the ruling

has, with the permission of the secretary of state, supplied

supplemental facts necessary for the ruling. A request for a

declaratory ruling that is submitted to the secretary of state

shall be made available for public inspection within 48 hours after

its receipt. An interested person may submit written comments

regarding the request to the secretary of state within 10 business

days after the date the request is made available to the public.

Within 45 business days after receiving a declaratory ruling

request, the secretary of state shall make a proposed response

available to the public. An interested person may submit written

Senate Bill No. 1263 as amended June 26, 2008

as amended September 16, 2008

comments regarding the proposed response to the secretary of state

within 5 business days after the date the proposal is made

available to the public. Except as otherwise provided in this

section, the secretary of state shall issue a declaratory ruling

within 60 business days after a request for a declaratory ruling is

received. If the secretary of state refuses to issue a declaratory

ruling, the secretary of state shall notify the person making the

request of the reasons for the refusal and shall issue an

interpretive statement providing an informational response to the

question presented within the same time limitation applicable to a

declaratory ruling. A declaratory ruling or interpretive statement

issued under this section shall not state a general rule of law,

other than that which is stated in this act, until the general rule

of law is promulgated by the secretary of state as a rule under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328, or under judicial order.

(2) Under extenuating circumstances, the secretary of state

may issue a notice extending for not more than 30 business days the

period during which the secretary of state shall respond to a

request for a declaratory ruling. The secretary of state shall not

issue more than 1 notice of extension for a particular request. A

person requesting a declaratory ruling may waive, in writing, the

time limitations provided by this section.

(3) The secretary of state shall make available to the public

an annual summary of the declaratory rulings and interpretive

statements issued under this act by the secretary of state.

<<[Enacting section 1. This amendatory act takes effect October 1, 2008.]>>

Enacting section <<2>>. This amendatory act does not take effect