Bill Text: MI HB5487 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Campaign finance; violations; fines for certain violations of campaign finance act; modify. Amends sec. 15 of 1976 PA 388 (MCL 169.215).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-22 - Bill Electronically Reproduced 03/17/2016 [HB5487 Detail]
Download: Michigan-2015-HB5487-Introduced.html
HOUSE BILL No. 5487
March 17, 2016, Introduced by Rep. Webber and referred to the Committee on Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 15 (MCL 169.215), as amended by 2015 PA 269.
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 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 mailed, the
person against whom the complaint was filed may submit a response
to the secretary of state. 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
the response is mailed, the complainant may submit a rebuttal
statement to the secretary of state. 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.
(6) A complaint filed 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. If the violation
involves the secretary of state, the immediate family of the
secretary of state, or a campaign or committee with which the
secretary of state is connected, directly or indirectly, the
secretary of state shall refer the matter to the attorney general
to determine whether a violation of this act has occurred.
(10) No later than 45 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 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. When the secretary of state
determines whether there may be reason to believe that a violation
of this act occurred or did not occur or determines to terminate
its proceedings, the secretary of state shall, within 30 days of
that determination, post on the secretary of state's Internet
website any complaint, response, or rebuttal statement received
under subsection (5) regarding that violation or alleged violation
and any correspondence that is dispositive of that violation or
alleged violation between the secretary of state and the
complainant or the person against whom the complaint was filed. 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 civil or criminal action
with respect to matters covered in the conciliation agreement. The
secretary of state shall, within 30 days after a conciliation
agreement is signed, post that agreement on the secretary of
state's Internet website. If, after 90 business days, the secretary
of state is unable to correct or prevent further violation by these
informal methods, the secretary of state shall do either of the
following:
(a) Refer the matter to the attorney general 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 commence a hearing to
determine whether a civil violation of this act has occurred. 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 issue an order requiring the person to pay a
civil fine not more than 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 for enforcement of a criminal penalty, the
attorney general shall determine whether to proceed with
enforcement of that penalty.
(15) 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 $3,000.00 for each violation. A civil fine is
in addition to, but not limited by, a criminal penalty prescribed
by this act.
(16) 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) Except as otherwise provided in section 57, there is no
private right of action, either in law or in equity, under this
act. Except as otherwise provided in section 57, 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. The criminal penalties provided by this
act may only be enforced by the attorney general and only upon
referral by the secretary of state as provided under subsection
(10) or (13).
(18) 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) 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).
