Bill Text: MI HJRO | 2013-2014 | 97th Legislature | Introduced
Bill Title: Campaign finance; public disclosure; accountability and disclosure of corporate political and lobbying activities; include. Amends the state constitution by adding sec. 11 to art. II.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Introduced - Dead) 2013-03-13 - Printed Joint Resolution Filed 03/13/2013 [HJRO Detail]
Download: Michigan-2013-HJRO-Introduced.html
HOUSE JOINT RESOLUTION O
March 12, 2013, Introduced by Reps. Lamonte, Ananich, LaVoy, Brinks, Singh, Faris, Smiley, Knezek, Brunner, Greimel, Segal, Barnett, Hovey-Wright, Banks, Roberts, McCann, Brown, Townsend, Irwin, Dillon, Zemke, Switalski, Yanez, Kosowski, Hobbs, Tlaib, Driskell, Cavanagh, Kandrevas, Schor, Slavens, Lipton and Abed and referred to the Committee on Elections and Ethics.
A joint resolution proposing an amendment to the state
constitution of 1963, by adding section 11 to article II, to add
accountability and disclosure of corporate political and lobbying
activity.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to add accountability and disclosure of
corporate political and lobbying activity, is proposed, agreed to,
and submitted to the people of the state:
ARTICLE II
Sec. 11. The people of the State of Michigan declare that they
have a right to know when corporations spend money to influence
elections or government officials so they can make informed
decisions and hold their leaders accountable. This section shall be
liberally construed to further these purposes.
(1) Corporations making a political expenditure using
corporate funds shall electronically file with the secretary of
state a report that includes the corporation's name, address,
telephone number, and principal place of business; the date,
amount, and medium of the expenditure; the officeholder, candidate,
or ballot question referred to; the name and address of any person
preparing or executing the expenditure; a certification by the
president of the corporation that this subsection has been complied
with; and the name, address, and telephone number of the person
filing the report.
Any person making a political expenditure using corporate
funds provided in whole or in part by another person shall
electronically file with the secretary of state a report that
includes all of the information a corporation must disclose as set
forth above; the name, address, and principal place of business of
all of the original sources of the corporate funds used to make the
expenditure, as well as the amount each original source provided;
and the name and address of all persons who were conduits or
intermediaries for any of the corporate funds before their
expenditure.
These reports shall be electronically filed with the secretary
of state no later than 48 hours after the political expenditure is
made. For purposes of this subsection, a political expenditure is
made when the communication first appears in public.
The secretary of state shall make all reports filed under this
subsection immediately available to the public on the State of
Michigan's website.
(2) Corporations making a lobbying expenditure using corporate
funds shall electronically file reports with the secretary of state
as follows:
(a) Payments to the persons defined in subsection (7)(d)(i)
shall be reported by January 15, April 15, July 15, and October 15
of each year for the previous quarter. These reports shall include
the corporation's name, address, telephone number, and principal
place of business; the name, address, and principal place of
business of the person to whom the payments were made; the amount
paid to each person; a certification by the president of the
corporation that this subsection has been complied with; and the
name, address, and telephone number of the person filing the
report.
(b) The cost of providing food, drink, housing, entertainment,
travel, gifts, or anything of ascertainable monetary value to or
for officials or persons in state government as defined in
subsection (7)(d)(ii) shall be reported by January 15, April 15,
July 15, and October 15 of each year for the previous quarter.
These reports shall include the corporation's name, address,
telephone number, and principal place of business; the name, title,
and amount provided to and issue discussed with each official or
person in state government as defined in subsection (7)(d)(ii); a
certification by the president of the corporation that this
subsection has been complied with; and the name, address, and
telephone number of the person filing the report.
(c) The cost of paid communications as defined in subsection
(7)(d)(iii) shall be filed no later than 48 hours after the
communication is made. For purposes of this subsection, a
communication is made when the communication first appears in
public. These reports shall include the corporation's name,
address, telephone number, and principal place of business; the
date, amount, and medium of the communication; the official or
person as defined in subsection (7)(d)(iii) sought to be influenced
by the communication; the name and address of any person preparing
or executing the communication; a certification by the president of
the corporation that this subsection has been complied with; and
the name, address, and telephone number of the person filing the
report.
The secretary of state shall make all reports filed under this
subsection immediately available to the public on the State of
Michigan's website.
This subsection does not require persons defined in subsection
(7)(d)(i) that are corporations to file reports if they duplicate
the reports the lobbyist's corporate client files under this
subsection. Persons defined in subsection (7)(d)(i) may file the
reports required by this subsection on behalf of their corporate
clients.
(3) Any corporation or person making a political expenditure,
or a lobbying expenditure which is a paid communication as defined
in subsection (7)(d)(iii), using corporate funds shall identify a
communication as follows:
(a) With a disclaimer stating "Paid for with corporate funds
by [name and address of corporation].".
(b) If the person making the expenditure is not the original
source of all of the corporate funds, and the communication has a
visible component, the disclaimer shall include the name, address,
and logo, if any, of the three persons making the largest
contributions to that person during the twelve-month period before
the date of the communication, labeled as "Top Three Contributors".
(c) On all communications with a visible component, the
disclaimer shall include the corporate logo, if any, and the name
and photograph of the corporation's president and shall be clearly
visible and readable for at least four seconds.
(d) On all communications that are solely audio, the
disclaimer shall be clearly read by the president of the largest
corporate contributor, who shall identify himself or herself as
such.
(4) Each corporation required to file a report with the
secretary of state under subsections (1) and (2) shall on that same
date provide a copy of that report to its board of directors and,
as applicable, members and shareholders.
(5) Any person, including any corporate officer, director,
manager, employee, or agent, who becomes aware of any violation or
suspected violation of this section shall immediately report it to
the secretary of state and attorney general.
A person who reports or is about to report any violation or
suspected violation of this section or who participates in any
investigation, hearing, inquiry, lawsuit, or prosecution relating
to a violation or suspected violation of this section shall not be
retaliated or discriminated against in any way by any person. Any
person who alleges a violation of this section may bring a civil
action for injunctive relief, reinstatement, damages, and costs and
attorney fees in the Ingham county circuit court.
Any citizen or group of citizens of this state shall have
standing to bring a civil action to enforce this section in the
Ingham county circuit court. If the citizen or group of citizens
prevails in whole or in part, the court shall award damages and
costs and attorney fees. Damages for a violation of this section
shall include triple the amount of the expenditure involved and
shall be payable to the State of Michigan.
Any person who knowingly violates this section is guilty of a
felony punishable, if the person is an individual, by a fine of not
more than $5,000.00 or imprisonment for not more than three years,
or both, or if the person is not an individual, by a fine of not
more than the value of the expenditure involved.
(6) This section shall be self-executing. If any provision of
this section or the application of this section to any circumstance
is held invalid or preempted, that invalidity or preemption shall
not affect other provisions or applications of the section, and to
this end, the provisions of this section are declared to be
severable.
(7) For purposes of this section:
(a) "Corporation" means a for-profit or nonprofit corporation,
limited liability company or partnership, joint venture, joint
stock company, company, firm, or any enterprise incorporated under
and subject to Michigan law or incorporated under and subject to
the laws of another state, territory, the United States, or foreign
country. Corporation includes the parent of a subsidiary or any
subsidiaries of the parent. For purposes of subsection (1),
corporation does not include a municipal corporation or a labor
organization.
(b) "Corporate funds" means money or anything of ascertainable
monetary value owned or controlled by a corporation.
(c) "Election" means a primary, general, special, recall, or
ballot question election held in this state or a convention,
caucus, or meeting of a political party held in this state to
nominate a candidate.
(d) "Lobbying expenditure" means any of the following:
(i) A payment of anything of ascertainable monetary value to
any person for the purpose of influencing the performance of
official duties by any elected official, appointed official, or
person whose duties include the ability to influence the making or
executing of public policy in the executive or legislative branch
of state government.
(ii) The cost of providing food, drink, housing, entertainment,
travel, gifts, or anything of ascertainable monetary value to or
for an elected official, appointed official, or person whose duties
include the ability to influence the making or executing of public
policy in the executive, judicial, or legislative branch of state
government.
(iii) The cost of any paid communication by any means to the
public made for the purpose of influencing the performance of
official duties by any elected official, appointed official, or
person whose duties include the ability to influence the making or
executing of public policy in the executive or legislative branch
of state government.
(e) "Political expenditure" means any paid communication by
any means to the public that includes the name, nickname, or image
of a state or local elective officeholder, or of a candidate for
elective state or local office; or refers to a state or local
elective officeholder through a reference such as "the governor",
"your representative", or "the incumbent", or refers to a candidate
for elective state or local office through a reference such as "the
Democratic nominee" or "the Republican candidate"; or refers to a
state or local ballot question, and that is made within ninety days
before an election at which the ballot question appears on the
ballot. Political expenditure does not include a bona fide news
story or editorial distributed by a corporation not owned or
controlled by an officeholder or candidate; a public candidate
debate or forum or the promoting of that public debate or forum
that is made by or on behalf of the person sponsoring the public
debate or forum; or a communication made solely for the purpose of
attracting public attention to a product or service offered for
sale by an officeholder or candidate or by a business owned or
operated by an officeholder or candidate that does not mention an
election, the office held by the officeholder or sought by the
candidate, or his or her status as an officeholder or a candidate.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.
