Bill Text: MI SB0283 | 2013-2014 | 97th Legislature | Engrossed


Bill Title: Campaign finance; contributions and expenditures; annual signature requirement for political action committees checkoff for payroll deductions; eliminate. Amends sec. 55 of 1976 PA 388 (MCL 169.255).

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2013-06-18 - Referred To Second Reading [SB0283 Detail]

Download: Michigan-2013-SB0283-Engrossed.html

SB-0283, As Passed Senate, May 22, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 283

 

 

March 21, 2013, Introduced by Senators MEEKHOF and WARREN and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending section 55 (MCL 169.255), as amended by 2012 PA 277.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 55. (1) A corporation organized on a for profit or

 

nonprofit basis, a joint stock company, a domestic dependent

 

sovereign, or a labor organization formed under the laws of this or

 

another state or foreign country may make an expenditure for the

 

establishment and administration and solicitation of contributions

 

to a separate segregated fund to be used for political purposes. A

 

separate segregated fund established under this section shall be is

 

limited to making contributions to, and expenditures on behalf of,

 


candidate committees, ballot question committees, political party

 

committees, political committees, independent committees, and other

 

separate segregated funds.

 

     (2) Contributions for a separate segregated fund established

 

by a corporation, organized on a for profit basis, or a joint stock

 

company under this section may be solicited from any of the

 

following persons or their spouses:

 

     (a) Stockholders of the corporation or company.

 

     (b) Officers and directors of the corporation or company.

 

     (c) Employees of the corporation or company who have policy

 

making, managerial, professional, supervisory, or administrative

 

nonclerical responsibilities.

 

     (3) Contributions for a separate segregated fund established

 

under this section by a corporation organized on a nonprofit basis

 

may be solicited from any of the following persons or their

 

spouses:

 

     (a) Members of the corporation who are individuals.

 

     (b) Stockholders of members of the corporation.

 

     (c) Officers or directors of members of the corporation.

 

     (d) Employees of the members of the corporation who have

 

policy making, managerial, professional, supervisory, or

 

administrative nonclerical responsibilities.

 

     (e) Employees of the corporation who have policy making,

 

managerial, professional, supervisory, or administrative

 

nonclerical responsibilities.

 

     (4) Contributions for a separate segregated fund established

 

under this section by a labor organization may be solicited from

 


any of the following persons or their spouses:

 

     (a) Members of the labor organization who are individuals.

 

     (b) Officers or directors of the labor organization.

 

     (c) Employees of the labor organization who have policy

 

making, managerial, professional, supervisory, or administrative

 

nonclerical responsibilities.

 

     (5) Contributions for a separate segregated fund established

 

under this section by a domestic dependent sovereign may be

 

solicited from an individual who is a member of any domestic

 

dependent sovereign.

 

     (6) Contributions shall not be obtained for a separate

 

segregated fund established under this section by use of coercion

 

or physical force, by making a contribution a condition of

 

employment or membership, or by using or threatening to use job

 

discrimination or financial reprisals. A corporation organized on a

 

for profit or nonprofit basis, a joint stock company, a domestic

 

dependent sovereign, or a labor organization shall not solicit or

 

obtain contributions for a separate segregated fund established

 

under this section from an individual described in subsection (2),

 

(3), (4), or (5) on an automatic or passive basis including but not

 

limited to a payroll deduction plan or reverse checkoff method. A

 

corporation organized on a for profit or nonprofit basis, a joint

 

stock company, a domestic dependent sovereign, or a labor

 

organization may solicit or obtain contributions for a separate

 

segregated fund established under this section from an individual

 

described in subsection (2), (3), (4), or (5) on an automatic

 

basis, including but not limited to a payroll deduction plan, only

 


if the individual who is contributing to the fund affirmatively

 

consents to the contribution. at least once in every calendar year.

 

     (7) 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 $5,000.00 or imprisonment for not more than 3 years,

 

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

 

more than $10,000.00.

 

     (8) If a corporation, joint stock company, domestic dependent

 

sovereign, or labor organization that obtains contributions for a

 

separate segregated fund from individuals described in subsection

 

(2), (3), (4), or (5) pays to 1 or more of those individuals a

 

bonus or other remuneration for the purpose of reimbursing those

 

contributions, then that corporation, joint stock company, domestic

 

dependent sovereign, or labor organization is subject to a civil

 

fine equal to 2 times the total contributions obtained from all

 

individuals for the separate segregated fund during that calendar

 

year.

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