Bill Text: MI HB6181 | 2019-2020 | 100th Legislature | Introduced
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 169.216).
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2020-12-01 - Placed On Third Reading [HB6181 Detail]
Download: Michigan-2019-HB6181-Introduced.html
HOUSE BILL NO. 6181
September 03, 2020, Introduced by Reps. Sabo,
Calley, Hall and Marino and referred to the Committee on Elections and
Ethics.
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 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 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 mail 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. 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. 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.