Bill Text: MI HB4131 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Campaign finance: statements and reports; timeline for review of campaign finance statements or reports; modify. Amends sec. 16 of 1976 PA 388 (MCL 168.216).
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-03-10 - Referred To Committee Of The Whole [HB4131 Detail]
Download: Michigan-2021-HB4131-Engrossed.html
Substitute For
HOUSE BILL NO. 4131
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 16 (MCL 169.216), as amended by 2017 PA 184.
the people of the state of michigan enact:
Sec. 16. (1) A
filing official shall make a statement or report required to be filed under
this act available for public inspection and reproduction, as soon as
practicable, but not later than the third business day following the day on
which it is received, during regular business hours of the filing official. If
the report is a report of a late contribution under section 32(1) made to the
secretary of state, the secretary of state shall also make the report or all of
the contents of the report available to the public on the internet, without
charge, as soon as practicable but not later than the end of the business day
on which it is received, at a single website established and maintained by the
secretary of state.
(2) A filing official shall provide
a copy of a statement or part of a statement shall be provided by a filing official at
a reasonable charge.
(3) A statement open to the public under this act shall must
not be used for any commercial purpose.
(4) Except as otherwise provided in this subsection, a
statement of organization filed under this act with a filing official who is
not the secretary of state shall must be preserved by that filing official for 5 years
from the official date of the committee's dissolution. A statement of
organization filed under this act with a filing official who is not the
secretary of state that is filed by a committee that received more than
$50,000.00 in an election cycle shall
must be preserved by that filing
official for 15 years from the official date of the committee's dissolution. A
statement of organization filed under this act with the secretary of state shall must
be preserved by the secretary of state for 15 years from the
official date of the committee's dissolution. Except as otherwise provided in
this subsection, any other statement or report filed under this act with a
filing official who is not the secretary of state shall
must be preserved by that filing
official for 5 years from the date the filing occurred. Any other statement or
report filed under this act with a filing official who is not the secretary of
state that is filed by a committee that received more than $50,000.00 in an
election cycle shall must
be preserved by that filing official for 15 years from the date
the filing occurred. Any other statement or report filed under this act with
the secretary of state shall must be preserved by the secretary of state for 15
years from the date the filing occurred. Upon
On a determination under section
15 that a violation of this act has occurred, all complaints, orders,
decisions, or other documents related to that violation shall must
be preserved by the filing official who is not the secretary of
state or the secretary of state for 15 years from the date of the court
determination or the date the violations are corrected, whichever is later.
Statements and reports filed under this act may be reproduced pursuant to the
records reproduction act, 1992 PA 116, MCL 24.401 to 24.406. After the required
preservation period, the statements and reports, or the reproductions of the
statements and reports, may be disposed of in the manner prescribed in the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, and section 11
of the Michigan history center act, 2016 PA 470, MCL 399.811.
(5) A filing official shall not collect a charge for the
filing of a required statement or report or for a form upon on
which the statement or report is to be prepared, except a late
filing fee required by this act.
(6) A filing official shall determine whether a statement or
report filed under this act complies, on its face, with the requirements of
this act and the rules promulgated under this act. The filing official shall
determine whether a statement or report that is required to be filed under this
act is in fact filed. Within 4 30 business days after the deadline for filing a
statement or report under this act, the filing official shall give notice to
the filer by registered first-class
mail or first-class mail and email
of an error or omission in the statement or report and give
notice to a person the filing official has reason to believe is a person
required to and who failed to file a statement or report. If a notice of an error or omission is not given by the filing
official within 30 business days after the deadline for filing a statement or
report under this act, the statement or report is considered filed under this
act, even if the statement or report is later amended. A failure
to give notice by the filing official under this subsection is not a defense to
a criminal action against the person required to file.
(7) Within 9 35 business days after the report or statement is
required to be filed, the filer shall make any corrections in the statement or
report filed with the appropriate filing official. Within
10 business days after receiving any corrections, the filing official shall
notify the filer whether the corrections made to the statement or report are
sufficient. If the report or statement was not filed, then the
report or statement shall must be late filed within 9
35 business days after the time
it was required to be filed and shall
be is subject to late filing fees.
(8) After 9 35 business days and before 12
38 business days have expired
after the deadline for filing the statement or report, the filing official
shall report errors or omissions that were not corrected and failures to file
to the attorney general.
(9) A statement or report required to be filed under this act shall must be filed not later than 5 p.m. of the day in which it is required to be filed. A preelection statement or report due on July 25 or October 25 under section 33 that is postmarked by registered or certified mail, or sent by express mail or other overnight delivery service, at least 2 days before the deadline for filing is filed within the prescribed time regardless of when it is actually delivered. Any other statement or report required to be filed under this act that is postmarked by registered or certified mail or sent by express mail or other overnight delivery service on or before the deadline for filing is filed within the prescribed time regardless of when it is actually delivered.
