April 17, 2008, Introduced by Senator McMANUS and referred to the Committee on Campaign and Election Oversight.
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 in any 1-month period, unless
consideration of equal or greater value is received therefor. Gift
includes a contribution to defend an elected official against any
legal action not related to an elected official's governmental
activities and duties. 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.
(c) A gift received from a member of the person's immediate
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 or performance of the elected official's
governmental activities and 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
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 does not take effect
unless House Bill No. 4001 of the 94th Legislature is enacted into
law.