Bill Text: MI HB6268 | 2021-2022 | 101st Legislature | Introduced

Michigan House Bill 6268 (Prior Session Legislation)

Introduced

Bill Title: Campaign finance: public disclosure; financial reporting requirement for political nonprofits; provide for. Amends 1976 PA 388 (MCL 169.201 - 169.282) by adding secs. 29a & 29b. TIE BAR WITH: HB 6269'22

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-06-22 - Bill Electronically Reproduced 06/22/2022 [HB6268 Detail]

Download: Michigan-2021-HB6268-Introduced.html

HOUSE BILL NO. 6268

June 22, 2022, Introduced by Reps. Howell and Brixie and referred to the Committee on Regulatory Reform.

A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

(MCL 169.201 to 169.282) by adding sections 29a and 29b.

the people of the state of michigan enact:

Sec. 29a. (1) Subject to this section, a 527 organization shall file a legibly printed or typed financial statement with the department of licensing and regulatory affairs. The period covered by a financial statement is the period beginning with the day after the closing date of the most recent financial statement filed under this act and ending with the closing date of the financial statement in question. If the 527 organization has not previously filed a financial statement, the period covered begins on the date on which the 527 organization was formed.

(2) A 527 organization shall file financial statements as required by this section on the following dates each year:

(a) Not later than January 31 with a closing date of December 31.

(b) Not later than July 31 with a closing date of June 30.

(3) A 527 organization shall include in a financial statement under this section all of the following information:

(a) The full name and street address of each person from whom contributions are received and, if the person is a committee, the full name of the committee treasurer, the amount, and the date or dates contributed. The occupation, employer, and principal place of business, if any, must be listed for each person from whom contributions totaling more than $100.00 are received in a calendar year.

(b) If the financial statement reports the receipt of a contribution from a committee or person whose treasurer does not reside in, whose principal office is not located in, or whose money is not kept in this state, and whose committee has not filed a statement of organization as required in section 24, the full name and address of the treasurer of the committee.

(c) The filer's name, address, and telephone number, if available, if any, and the full name, address, and telephone number, if available, of the 527 organization's treasurer.

(d) An itemized list of all expenditures, including in-kind contributions and expenditures and loans, made during the period covered by the financial statement that were $100.00 or greater.

(4) A 527 organization is not required to file a financial statement under this section unless it received or expended an amount in excess of $5,000.00 in the past year. If the 527 organization receives or expends an amount in excess of $5,000.00 during a period covered by a filing, the 527 organization is then subject to financial statement filing requirements under this section.

(5) If a 527 organization fails to file a financial statement required under this section, the 527 organization shall pay a late filing fee. If the 527 organization has raised $10,000.00 or less during the previous 2 years, the late filing fee is $25.00 for each business day the financial statement remains unfiled, not to exceed $500.00. If the 527 organization has raised more than $10,000.00 in the previous 2 years, the late filing fee must not exceed $1,000.00, determined as follows:

(a) Twenty-five dollars for each business day the report remains unfiled.

(b) An additional $25.00 for each business day after the first 3 business days the report remains unfiled.

(6) If a 527 organization fails to file 2 financial statements required under this section and both of those financial statements remain unfiled for more than 30 days, the 527 organization may be ordered to pay a civil fine of not more than $1,000.00.

(7) If a 527 organization knowingly files an incomplete or inaccurate financial statement required under this section, the 527 organization may be ordered to pay a civil fine of not more than $1,000.00.

(8) If a 527 organization knowingly omits or underreports individual contributions or individual expenditures required to be disclosed under this act, the 527 organization may be ordered to pay a civil fine of not more than $1,000.00 or the amount of the contributions and expenditures omitted or underreported, whichever is greater.

(9) If a 527 organization has a balance of $20,000.00 or more and the 527 organization fails to file financial statements required under this act for 2 consecutive years, the 527 organization may be ordered to pay a civil fine of not more than $5,000.00.

(10) The department of the attorney general or the prosecuting attorney of the county in which the 527 organization is located may bring an action to recover a civil fine for a violation of this section.

Sec. 29b. (1) Subject to this section, a 501(c)(4) organization shall file a legibly printed or typed financial statement with the department of licensing and regulatory affairs. The period covered by a financial statement is the period beginning with the day after the closing date of the most recent financial statement filed under this act and ending with the closing date of the financial statement in question. If the 501(c)(4) organization has not previously filed a financial statement, the period covered begins on the date on which the 501(c)(4) organization was formed.

(2) A 501(c)(4) organization shall file financial statements as required by this section on the following dates each year:

(a) Not later than January 31 with a closing date of December 31.

(b) Not later than July 31 with a closing date of June 30.

(3) A 501(c)(4) organization shall include in a financial statement under this section all of the following information:

(a) The full name and street address of each person from whom donations are received and, if the person is a committee, the full name of the committee treasurer, the amount, and the date or dates donated. The occupation, employer, and principal place of business, if any, must be listed for each person from whom donations totaling more than $100.00 are received in a calendar year.

(b) If the financial statement reports the receipt of a donation from a committee or person whose treasurer does not reside in, whose principal office is not located in, or whose money is not kept in this state, and whose committee has not filed a statement of organization as required in section 24, the full name and address of the treasurer of the committee.

(c) The filer's name, address, and telephone number, if available, if any, and the full name, address, and telephone number, if available, of the 501(c)(4) organization's treasurer.

(d) An itemized list of all disbursements, including in-kind donations and disbursements and loans, made during the period covered by the financial statement that were $100.00 or greater.

(4) A 501(c)(4) organization is not required to file a financial statement under this section unless it received or expended an amount in excess of $5,000.00 in the past year. If the 501(c)(4) organization receives or expends an amount in excess of $5,000.00 during a period covered by a filing, the 501(c)(4) organization is then subject to financial statement filing requirements under this section.

(5) If a 501(c)(4) organization fails to file a financial statement required under this section, the 501(c)(4) organization shall pay a late filing fee. If the 501(c)(4) organization has raised $10,000.00 or less during the previous 2 years, the late filing fee is $25.00 for each business day the financial statement remains unfiled, not to exceed $500.00. If the 501(c)(4) organization has raised more than $10,000.00 in the previous 2 years, the late filing fee must not exceed $1,000.00, determined as follows:

(a) Twenty-five dollars for each business day the report remains unfiled.

(b) An additional $25.00 for each business day after the first 3 business days the report remains unfiled.

(6) If a 501(c)(4) organization fails to file 2 financial statements required under this section and both of those financial statements remain unfiled for more than 30 days, the 501(c)(4) organization may be ordered to pay a civil fine of not more than $1,000.00.

(7) If a 501(c)(4) organization knowingly files an incomplete or inaccurate financial statement required under this section, the 501(c)(4) organization may be ordered to pay a civil fine of not more than $1,000.00.

(8) If a 501(c)(4) organization knowingly omits or underreports individual contributions or individual disbursements required to be disclosed under this act, the 501(c)(4) organization may be ordered to pay a civil fine of not more than $1,000.00 or the amount of the contributions and disbursements omitted or underreported, whichever is greater.

(9) If a 501(c)(4) organization has a balance of $20,000.00 or more and the 501(c)(4) organization fails to file financial statements required under this act for 2 consecutive years, the 501(c)(4) organization may be ordered to pay a civil fine of not more than $5,000.00.

(10) The department of the attorney general or the prosecuting attorney of the county in which the 501(c)(4) organization is located may bring an action to recover a civil fine for a violation of this section.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6269 (request no. 05731'22) of the 101st Legislature is enacted into law.