Bill Text: MI HB4690 | 2021-2022 | 101st Legislature | Engrossed

Michigan House Bill 4690 (Prior Session Legislation)

Bill Title: Legislature: other; definition of lobbyable officials; expand. Amends sec. 5 of 1978 PA 472 (MCL 4.415).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2021-06-10 - Referred To Committee On Government Operations [HB4690 Detail]

Download: Michigan-2021-HB4690-Engrossed.html

Substitute For

HOUSE BILL NO. 4690

A bill to amend 1978 PA 472, entitled

"An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,"

by amending section 5 (MCL 4.415), as amended by 1986 PA 83.

the people of the state of michigan enact:

Sec. 5. (1) "Governmental body" means a state legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that may, under a state constitution, statute, or rule, exercise governmental or proprietary authority or perform a governmental or proprietary function, or a lessee of the body that performs an essential public purpose and function under the lease agreement.

(2) "Influencing" means promoting, supporting, affecting, modifying, opposing, or delaying, by any means, including the providing of or use of information, statistics, studies, or analysis.

(3) (1) "Legislative action" means introduction, sponsorship, support, opposition, consideration, debate, vote, passage, defeat, approval, veto, delay, or an official action by an official in the executive branch or an official in the legislative branch on a bill, resolution, amendment, nomination, appointment, report, or any matter pending or proposed in a legislative committee or either house of the legislature. Legislative action does not include the representation of a person who has been subpoenaed to appear before the legislature or an agency of the legislature.

(4) (2) "Lobbying" means communicating directly with an official in the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative action or administrative action. Lobbying does not include the providing of technical information by a person other than a person as defined in subsection (5) lobbyist agent or an employee of a person as defined in subsection (5) lobbyist agent when appearing before an officially convened legislative committee or executive department hearing panel. As used in this subsection, "technical information" means empirically verifiable data provided by a person recognized as an expert in the subject area to which the information provided is related.

(3) �Influencing� means promoting, supporting, affecting, modifying, opposing or delaying by any means, including the providing of or use of information, statistics, studies, or analysis.

(5) (4) "Lobbyist" means any of the following:

(a) A person whose expenditures for lobbying are more than $1,000.00 in value in any 12-month period.

(b) A person whose expenditures for lobbying are more than $250.00 in value in any 12-month period, if the amount is expended on lobbying a single public official.

(c) For the purpose of subdivisions (a) and (b), groups of 25 or more people shall not have their personal expenditures for food, travel, and beverage included , providing if those expenditures are not reimbursed by a lobbyist or lobbyist agent.

(d) The state or a political subdivision which that contracts for a lobbyist agent.

(6) (5) "Lobbyist agent" means a person who receives compensation or reimbursement of actual expenses, or both, in a combined amount in excess of $250.00 in any 12-month period for lobbying.

(6) �Representative of the lobbyist� means any of the following:

(a) An employee of the lobbyist or lobbyist agent.

(b) For purposes of section 8(1)(b)(i) and 9(1)(b), a member of the lobbyist or employee of a member of the lobbyist, when the lobbyist is a membership organization or association, and when the lobbyist agent or an employee of the lobbyist or lobbyist agent is present during any part of the period during which the purchased food or beverage is consumed.

(c) A person who is reimbursed by the lobbyist or lobbyist agent for an expenditure, other than an expenditure for food or beverage, which was incurred for the purpose of lobbying.

(7) Lobbyist or lobbyist agent does not include any of the following:

(a) A publisher, owner, or working member of the press, radio, or television while disseminating news or editorial comment to the general public in the ordinary course of business.

(b) All elected or appointed public officials of state or local government who are acting in the course or scope of the office for no compensation, other than that provided by law for the office, .not including any of the following:

(i) Employees of public or private colleges, community colleges, junior colleges, or universities.

(ii) Employees of townships, villages, cities, counties, or school boards.

(iii) Employees of state executive departments.

(iv) Employees of the judicial branch of government.

(c) (d) A member of a lobbyist , if the lobbyist is a membership organization or association , and if the member of a the lobbyist does not separately qualify as a lobbyist under subsection (4).

(8) "Mass mailing" means not less than 1,000 pieces of substantially similar material mailed within a 7-day period.

(9) "Official in the executive branch" means the governor, lieutenant governor, secretary of state, attorney general; or an individual who is in the executive branch of state government and not under civil service; or a classified director, chief deputy director, or deputy director of a state department. This Official in the executive branch includes an individual who is elected or appointed and has not yet taken, or an individual who is nominated for appointment to, any of the offices or agencies enumerated in this subsection. An official Official in the executive branch does not include a person an individual serving in a clerical, nonpolicy-making, or nonadministrative capacity. In addition to all of the foregoing, an official Official in the executive branch includes, but is not limited to, all of the following:

(a) In the executive office of the governor, the chief and deputy chief of staff, press secretary, director of job training, and director of personnel, policy director, policy advisor, and any other employee of the office other than an individual employed by the state in a clerical or nonpolicy-making capacity.

(b) In the department of agriculture and rural development, the racing commissioner and a member of the agriculture and rural development commission.

(d) In the department of civil service, a A member of the civil service commission.

(e) In the department of commerce, the commissioner of financial institutions, labor and economic opportunity, the executive director of the housing development authority, the director of the unemployment insurance agency, and a member of the liquor control commission, strategic fund board, employment security board of review, employment security commission, state housing development authority, travel commission, or public service commission.employment security commission.

(f) In the department of education, a member of the state board of education , higher education facilities commission, higher education facilities authority, higher education assistance authority, higher education student loan authority, or state tenure commission.

(g) In the department of labor, licensing and regulatory affairs, the director of the bureau of workers' disability compensation , the director of the employment security commission, and a member of the construction code commission, employment relations commission, employment security board of review, employment security commission, public service commission, liquor control commission, or wage deviation board.

(h) In The director of the department of licensing and regulation, the state insurance commissioner.and financial services.

(i) In the department of technology, management, and budget, the lottery commissioner, the director of the office of services to the aging, the director of the office of state employer, the chairperson of the crime victims compensation board, and a member of the council for the arts, state administrative board, state building authority, toxic substance control commission, or utility consumer participation board.

(j) In the department of natural resources, the supervisor of wells environment, Great Lakes, and energy, the director of the department and a member of the air pollution control commission, natural resources commission. , or water resources commission.

(k) In the department of public health, a member of the occupational health standards commission.

(k) (l) In the department of transportation, a member of the aeronautics commission and a state transportation commissioner.

(l) (m) In the department of treasury, a member of the hospital finance authority, investment advisory committee, or state tax commission, higher education facilities commission, higher education facilities authority, higher education assistance authority, or higher education student loan authority.

(10) "Official in the legislative branch" means a member of the legislature, the auditor general, the deputy auditor general, an employee of the consumer's council, the director of the legislative retirement system, a policy director or advisor for the minority or majority political party, a budget director or advisor for the minority or majority political party, an employee assigned to a legislator's office, or any other employee of the legislature other than an individual employed by the state in a clerical or nonpolicy-making capacity.

(11) �Governmental body� means any state legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, which is empowered by state constitution, statute, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function, or a lessee thereof performing an essential public purpose and function under the lease agreement.

(11) "Representative of the lobbyist" means any of the following:

(a) An employee of a lobbyist or lobbyist agent.

(b) For purposes of sections 8(1)(b)(i) and 9(1)(b), a member of a lobbyist or employee of a member of a lobbyist if the lobbyist is a membership organization or association and the lobbyist agent or an employee of the lobbyist or lobbyist agent is present during any part of the period during which the purchased food or beverage is consumed.

(c) A person that is reimbursed by the lobbyist or lobbyist agent for an expenditure, other than an expenditure for food or beverage, that was incurred for the purpose of lobbying.

Enacting section 1. This amendatory act takes effect January 1, 2022.