Bill Text: MI HB4596 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Campaign finance; statements and reports; requirement for filing statement of a committee of an incumbent judge or justice elected or appointed; provide waiver. Amends sec. 24 of 1976 PA 388 (MCL 169.224). TIE BAR WITH: HB 4597'15

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-12-31 - Assigned Pa 238'15 With Immediate Effect 2015 Addenda [HB4596 Detail]

Download: Michigan-2015-HB4596-Engrossed.html

HB-4596, As Passed House, June 3, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4596

May 13, 2015, Introduced by Rep. Lyons and referred to the Committee on Elections.

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending section 24 (MCL 169.224), as amended by 1999 PA 237.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 24. (1) A committee shall file a statement of

 

organization with the filing officials designated in section 36 to

 

receive the committee's campaign statements. A statement of

 

organization shall be filed within 10 days after a committee is

 

formed. A filing official shall maintain a statement of

 

organization filed by a committee until 5 years after the official

 

date of the committee's dissolution. A person who fails to file a

 

statement of organization required by this subsection shall pay a

 

late filing fee of $10.00 for each business day the statement

 

remains not filed in violation of this subsection. The late filing

 

fee shall not exceed $300.00. A person who violates this subsection


by failing to file for more than 30 days after a statement of

 

organization is required to be filed is guilty of a misdemeanor

 

punishable by a fine of not more than $1,000.00.

 

     (2) The statement of organization required by subsection (1)

 

shall include the following information:

 

     (a) The name, street address, and if available, the telephone

 

number of the committee. If a committee is a candidate committee,

 

the committee name shall include the first and last name of the

 

candidate. A committee address may be the home address of the

 

candidate or treasurer of the committee.

 

     (b) The name, street address, and if available, the telephone

 

number of the treasurer or other individual designated as

 

responsible for the committee's record keeping, report preparation,

 

or report filing.

 

     (c) The name and address of the financial institution in which

 

the official committee depository is or is intended to be located,

 

and the name and address of each financial institution in which a

 

secondary depository is or is intended to be located.

 

     (d) The full name of the office being sought by, including

 

district number or jurisdiction, and the county residence of each

 

candidate supported or opposed by the committee.

 

     (e) A brief statement identifying the substance of each ballot

 

question supported or opposed by the committee. If the ballot

 

question supported or opposed by the committee is not statewide,

 

the committee shall identify the county in which the greatest

 

number of registered voters eligible to vote on the ballot question

 

reside.


     (f) Identification of the committee as a candidate committee,

 

political party committee, independent committee, political

 

committee, or ballot question committee if it is identifiable as

 

such a committee.

 

     (3) An independent committee or political committee shall

 

include in the name of the committee the name of the person or

 

persons that sponsor the committee, if any, or with whom the

 

committee is affiliated. A person, other than an individual or a

 

committee, sponsors or is affiliated with an independent committee

 

or political committee if that person establishes, directs,

 

controls, or financially supports the administration of the

 

committee. For the purposes of this subsection, a person does not

 

financially support the administration of a committee by merely

 

making a contribution to the committee.

 

     (4) If any of the information required in a statement of

 

organization is changed, the committee shall file an amendment when

 

the next campaign statement is required to be filed. An independent

 

committee or political committee whose name does not include the

 

name of the person or persons that sponsor the committee or with

 

whom the committee is affiliated as required by subsection (3)

 

shall file an amendment to the committee's statement of

 

organization not later than the date the next campaign statement is

 

required to be filed after the effective date of the amendatory act

 

that added this sentence.April 1, 1995.

 

     (5) When filing a statement of organization, a committee,

 

other than an independent committee, a political committee, or a

 

political party committee, may indicate in a written statement


signed by the treasurer of the committee that the committee does

 

not expect for each election to receive an amount in excess of

 

$1,000.00 or expend an amount in excess of $1,000.00. The treasurer

 

of a committee of an incumbent judge or justice is considered to

 

have made the statement required under this subsection following

 

appointment or election of that judge or justice and is not

 

required to file a written statement under this subsection

 

indicating that the committee does not expect for each election to

 

receive or expend an amount in excess of $1,000.00.

 

     (6) When filing a statement of organization, an independent

 

committee, a political committee, or a political party committee

 

may indicate in a written statement signed by the treasurer of the

 

committee that the committee does not expect in a calendar year to

 

receive or expend an amount in excess of $1,000.00.

 

     (7) Upon the dissolution of a committee, the committee shall

 

file a statement indicating dissolution with the filing officials

 

with whom the committee's statement of organization was filed.

 

Dissolution of a committee shall be accomplished pursuant to rules

 

promulgated by the secretary of state under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (8) A candidate committee that files a written statement

 

pursuant to under subsection (5) shall or that is considered to

 

have made a statement under subsection (5) is not be required to

 

file a dissolution statement pursuant to under subsection (7) if

 

the committee failed to receive or expend an amount in excess of

 

$1,000.00 and 1 of the following applies:

 

     (a) The candidate was defeated in an election and has no


outstanding campaign debts or assets.

 

     (b) The candidate vacates an elective office and has no

 

outstanding campaign debts or assets.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4597 (request no.

 

01464'15) of the 98th Legislature is enacted into law.

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