HOUSE BILL No. 4605

 

 

May 11, 2017, Introduced by Rep. Marino and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending section 66 (MCL 169.266), as amended by 1994 PA 411.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 66. (1) A candidate may only apply the funds received

 

under this act from the state campaign fund against qualified

 

campaign expenditures.

 

     (2) As used in this section, "qualified campaign expenditure"

 

means an expenditure for services, materials, facilities, or other

 

things of value by the candidate committee to further the

 

candidate's nomination or election to office during the year in

 

which the primary or general election in which the candidate seeks

 

nomination or election is held. Qualified campaign expenditure does

 

not include any of the following:

 


     (a) An expenditure in violation of any law of the United

 

States or of this state.

 

     (b) A payment made to the candidate or a relative within the

 

third degree of consanguinity of the candidate, or to a business

 

with which the candidate or the relative is associated.

 

     (c) A payment to the extent clearly in excess of the fair

 

market value of services, materials, facilities, or other things of

 

value received in exchange.

 

     (d) That portion of any salary or wage to an individual in

 

excess of $5,000.00 per month.

 

     (e) Payment from petty cash.

 

     (f) Gifts, except brochures, buttons, signs, and other printed

 

campaign material.

 

     (g) Payment to a defense fund.

 

     (h) An expenditure by a candidate committee for an incidental

 

expense under section 21a.

 

     (2) (3) A candidate shall keep the funds received under this

 

act from the state campaign fund in a separate account. The

 

candidate's qualified expenditures may be paid from the separate

 

account unless the account does not have a balance. An unexpended

 

balance in the separate account shall must be refunded and credited

 

to the general fund within 60 days after the election for which the

 

funds were received. Payment received from the state campaign fund

 

for expenditures in 1 election shall must not be used for

 

expenditures in a subsequent election.

 

     (3) (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 $2,000.00 , or imprisonment for not more than 3

 

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

 

not more than $10,000.00.

 

     (4) As used in this section, "qualified campaign expenditure"

 

means an expenditure for services, materials, facilities, or other

 

things of value by the candidate committee to further the

 

candidate's nomination or election to office during the year in

 

which the primary or general election in which the candidate seeks

 

nomination or election is held. Qualified campaign expenditure does

 

not include any of the following:

 

     (a) An expenditure in violation of any law of the United

 

States or of this state.

 

     (b) A payment made to the candidate or a relative within the

 

third degree of consanguinity of the candidate, or to a business

 

with which the candidate or the relative is associated.

 

     (c) A payment to the extent clearly in excess of the fair

 

market value of services, materials, facilities, or other things of

 

value received in exchange.

 

     (d) That portion of any salary or wage to an individual in

 

excess of $5,000.00 per month.

 

     (e) Gifts, except brochures, buttons, signs, and other printed

 

campaign material.

 

     (f) Payment to a defense fund.

 

     (g) An expenditure by a candidate committee for an incidental

 

expense under section 21a.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4604 (request no.


01075'17 *) of the 99th Legislature is enacted into law.