Bill Text: MI SB0113 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Campaign finance; other; provision relating to complaints; modify. Amends sec. 15 of 1976 PA 388 (MCL 169.215).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2009-05-19 - Referred To Committee On Ethics And Elections [SB0113 Detail]
Download: Michigan-2009-SB0113-Introduced.html
SENATE BILL No. 113
January 28, 2009, Introduced by Senators McMANUS, GARCIA, JANSEN and KAHN and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 15 (MCL 169.215), as amended by 2001 PA 250.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) The secretary of state shall do all of the
following:
(a) Make available through his or her offices, and furnish to
county clerks, appropriate forms, instructions, and manuals
required by this act.
(b) Develop a filing, coding, and cross-indexing system for
the filing of required reports and statements consistent with the
purposes of this act, and supervise the implementation of the
filing systems by the clerks of the counties.
(c) Receive all statements and reports required by this act to
be filed with the secretary of state.
(d) Prepare forms, instructions, and manuals required under
this act.
(e) Promulgate rules and issue declaratory rulings to
implement this act in accordance with the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(f) Upon receipt of a written request and the required filing,
waive payment of a late filing fee if the request for the waiver is
based on good cause and accompanied by adequate documentation. One
or more of the following reasons constitute good cause for a late
filing fee waiver:
(i) The incapacitating physical illness, hospitalization,
accident involvement, death, or incapacitation for medical reasons
of a person required to file, a person whose participation is
essential to the preparation of the statement or report, or a
member of the immediate family of these persons.
(ii) Other unique, unintentional factors beyond the filer's
control not stemming from a negligent act or nonaction so that a
reasonably prudent person would excuse the filing on a temporary
basis. These factors include the loss or unavailability of records
due to a fire, flood, theft, or similar reason and difficulties
related to the transmission of the filing to the filing official,
such as exceptionally bad weather or strikes involving
transportation systems.
(2) A declaratory ruling shall be issued 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 interpretative statement providing an informational
response to the question presented within the same time limitation
applicable to a declaratory ruling. A declaratory ruling or
interpretative 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.
(3) 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.
(4) The secretary of state shall make available to the public
an annual summary of the declaratory rulings and interpretative
statements issued by the secretary of state.
(5) A person may file with the secretary of state a complaint
that alleges a violation of this act. Within 5 business days after
a complaint that meets the requirements of subsection (6) is filed,
the secretary of state shall give notice to the person against whom
the complaint is filed. The notice shall include a copy of the
complaint. Within 15 business days after this notice is provided,
the person against whom the complaint was filed may submit to the
secretary of state a response. The secretary of state may extend
the period for submitting a response an additional 15 business days
for good cause. The secretary of state shall provide a copy of a
response received to the complainant. Within 10 business days after
receiving a copy of the response, the complainant may submit to the
secretary of state a rebuttal statement. The secretary of state may
extend the period for submitting a rebuttal statement an additional
10 business days for good cause. The secretary of state shall
provide a copy of the rebuttal statement to the person against whom
the complaint was filed. The secretary of state shall post on the
secretary of state's internet website any complaint, response, or
rebuttal statement received under this subsection.
(6) A complaint under subsection (5) shall satisfy all of the
following requirements:
(a) Be signed by the complainant.
(b) State the name, address, and telephone number of the
complainant.
(c) Include the complainant's certification that, to the best
of the complainant's knowledge, information, and belief, formed
after a reasonable inquiry under the circumstances, each factual
contention of the complaint is supported by evidence. However, if,
after a reasonable inquiry under the circumstances, the complainant
is unable to certify that certain factual contentions are supported
by evidence, the complainant may certify that, to the best of his
or her knowledge, information, or belief, there are grounds to
conclude that those specifically identified factual contentions are
likely to be supported by evidence after a reasonable opportunity
for further inquiry.
(7) The secretary of state shall develop a form that satisfies
the requirements of subsection (6) and may be used for the filing
of complaints.
(8) A person who files a complaint with a false certificate
under subsection (6)(c) is responsible for a civil violation of
this act. A person may file a complaint under subsection (5)
alleging that another person has filed a complaint with a false
certificate under subsection (6)(c).
(9) The secretary of state shall investigate the allegations
under
the rules promulgated under this act. Every 60 days after a
complaint
that meets the requirements of subsection (6) is filed
and
until the matter is terminated, the secretary of state shall
mail
to the complainant and to the alleged violator notice of the
action
taken to date by the secretary of state, together with the
reasons
for the action or nonaction.
(10)
If No later than 60
business days after receipt of a
rebuttal statement submitted under subsection (5), or if no
response or rebuttal is received under subsection (5), the
secretary
of state determines that shall
post on the secretary of
state's internet website whether or not there may be reason to
believe that a violation of this act has occurred. If the secretary
of state determines that there may be reason to believe that a
violation of this act occurred, the secretary of state shall
endeavor to correct the violation or prevent a further violation by
using informal methods such as a conference, conciliation, or
persuasion, and may enter into a conciliation agreement with the
person involved. Unless violated, a conciliation agreement is a
complete bar to any further action with respect to matters covered
in the conciliation agreement. If, after 30 business days, the
secretary of state is unable to correct or prevent further
violation
by these informal methods, the secretary of state may
refer
shall do either of the
following:
(a) Refer the matter to the attorney general for the
enforcement
of a any criminal penalty provided by this act. or
commence
If the secretary of state
refers a matter to the attorney
general under this subsection, the attorney general may refer the
matter to the prosecuting attorney of the county where the
violation occurred for the enforcement of any criminal penalty
provided by this act.
(b) Commence a hearing as provided in subsection (11) for
enforcement of any civil violation.
(11)
The secretary of state may shall
commence a hearing to
determine
whether a civil violation of this act has occurred. A
hearing
shall not be commenced during the period beginning 30 days
before
an election in which the committee has received or expended
money
and ending the day after that election except with the
consent
of the person suspected of committing a civil violation.
The hearing shall be conducted in accordance with the procedures
set forth in chapter 4 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.271 to 24.287. If after a hearing the
secretary of state determines that a violation of this act has
occurred,
the secretary of state may shall
issue an order requiring
the person to pay a civil fine equal to triple the amount of the
improper contribution or expenditure plus not more than $1,000.00
for each violation.
(12) A final decision and order issued by the secretary of
state is subject to judicial review as provided by chapter 6 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to
24.306. The secretary of state shall deposit a civil fine imposed
under this section in the general fund. The secretary of state may
bring an action in circuit court to recover the amount of a civil
fine.
(13) When a report or statement is filed under this act, the
secretary of state shall review the report or statement and may
investigate an apparent violation of this act under the rules
promulgated under this act. If the secretary of state determines
that there may be reason to believe a violation of this act has
occurred and the procedures prescribed in subsection (10) have been
complied with, the secretary of state may refer the matter to the
attorney general for the enforcement of a criminal penalty provided
by this act, or commence a hearing under subsection (11) to
determine whether a civil violation of this act has occurred.
(14) No later than 60 business days after a matter is referred
to the attorney general or county prosecuting attorney for
enforcement of a criminal penalty, the attorney general or county
prosecuting attorney shall determine whether to proceed with
enforcement of that penalty.
(15) (14)
Unless otherwise specified in this
act, a person who
violates a provision of this act is subject to a civil fine of not
more than $1,000.00 for each violation. A civil fine is in addition
to, but not limited by, a criminal penalty prescribed by this act.
(16) (15)
In addition to any other sanction
provided for by
this act, the secretary of state may require a person who files a
complaint with a false certificate under subsection (6)(c) to do
either or both of the following:
(a) Pay to the secretary of state some or all of the expenses
incurred by the secretary of state as a direct result of the filing
of the complaint.
(b) Pay to the person against whom the complaint was filed
some or all of the expenses, including, but not limited to,
reasonable attorney fees incurred by that person in proceedings
under this act as a direct result of the filing of the complaint.
(17) (16)
There is no private right of
action, either in law
or in equity, under this act. The remedies provided in this act are
the exclusive means by which this act may be enforced and by which
any harm resulting from a violation of this act may be redressed.
(18) (17)
The secretary of state may waive
the filing of a
campaign statement required under section 33, 34, or 35 if the
closing date of the particular campaign statement falls on the same
or a later date as the closing date of the next campaign statement
filed by the same person, or if the period that would be otherwise
covered by the next campaign statement filed by the same person is
10 days or less.
(19) (18)
The clerk of each county shall do
all of the
following:
(a) Make available through the county clerk's office the
appropriate forms, instructions, and manuals required by this act.
(b) Under the supervision of the secretary of state, implement
the filing, coding, and cross-indexing system prescribed for the
filing of reports and statements required to be filed with the
county clerk's office.
(c) Receive all statements and reports required by this act to
be filed with the county clerk's office.
(d) Upon written request, waive the payment of a late filing
fee if the request for a waiver is based on good cause as
prescribed in subsection (1)(f).
