Bill Text: MI SB0143 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Campaign finance; campaign practices; identifying statement for radio or television campaign advertisements and websites; revise. Amends sec. 47 of 1976 PA 388 (MCL 169.247).

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2009-01-29 - Referred To Committee On Campaign And Election Oversight [SB0143 Detail]

Download: Michigan-2009-SB0143-Introduced.html

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SENATE BILL No. 143

 

 

January 29, 2009, Introduced by Senators McMANUS, BARCIA, HARDIMAN and BROWN and referred to the Committee on Campaign and Election Oversight.

 

 

 

      A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending section 47 (MCL 169.247), as amended by 2001 PA 250.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 47. (1) Except as otherwise provided in this subsection

 

 2  and subject to subsections (3) and (4), Except for printed matter

 

 3  not subject to this act, a billboard, placard, poster, pamphlet,

 

 4  or other printed matter having reference to an election, a

 

 5  candidate, or a ballot question, that is an expenditure or

 

 6  contribution under this act shall bear upon it the name and

 

 7  address of the person paying for the matter and shall, except for

 

 8  a candidate committee's printed matter, indicate that the printed

 

 1  matter is paid for "with regulated funds". Except as otherwise

 

 2  provided in this subsection and subject to subsections (3) and

 

 3  (4), if If the printed matter relating to a candidate is an

 

 4  independent expenditure that is not authorized in writing by the

 

 5  candidate committee of that candidate, the printed matter shall

 

 6  contain the following disclaimer: "Not authorized by any

 

 7  candidate committee". An individual other than a candidate is not

 

 8  subject to this subsection if the individual is acting

 

 9  independently and not acting as an agent for a candidate or any

 

10  committee.

 

11        (2) A Except for advertisements not subject to this act, a

 

12  radio, including satellite radio, or television paid

 

13  advertisement having reference to an election, a candidate, or a

 

14  ballot question that is an expenditure or contribution under this

 

15  act shall identify the sponsoring person as required by the

 

16  federal communications commission, shall bear the name of the

 

17  person paying for the advertisement, and shall be in compliance

 

18  comply with subsection (3) (5), and, with the following: except

 

19  for a candidate committee's advertisements, indicate that the

 

20  advertisement is paid for "with regulated funds".

 

21        (a) If the radio, including satellite radio, or television

 

22  paid advertisement relates to a candidate and is an independent

 

23  expenditure, the advertisement shall contain the following

 

24  disclaimer: "Not authorized by any candidate".

 

25        (b) If the radio, including satellite radio, or television

 

26  paid advertisement relates to a candidate and is not an

 

27  independent expenditure but is paid for by a person other than

 

 1  the candidate to which it is related, the advertisement shall

 

 2  contain the following disclaimer:

 

 

3	"Authorized by ..............................................".
4	(name of candidate or name of candidate committee)

 

 

 5  An individual other than a candidate is not subject to this

 

 6  subsection if the individual is acting independently and not

 

 7  acting as an agent for a candidate or any committee.

 

 8        (3) Except for website advertisements not subject to this

 

 9  act, a paid advertisement on a website having reference to a

 

10  candidate and that is an expenditure or contribution under this

 

11  act shall identify by name the person paying for the

 

12  advertisement or, if the person making the advertisement

 

13  maintains the website, paying for the website and shall, except

 

14  for a candidate committee's website advertisement, indicate that

 

15  the advertisement is paid for "with regulated funds". If the

 

16  payment is an independent expenditure, the advertisement shall

 

17  contain the following disclaimer: "Not authorized by any

 

18  candidate.". If the payment is not an independent expenditure and

 

19  is made by a person other than a candidate committee, the

 

20  advertisement shall contain the following disclaimer:

 

 

21	"Authorized by...................................................".
22	(name of candidate or name of candidate committee)

 

 

23  An individual other than a candidate is not subject to this

 

24  subsection if the individual is acting independently and not

 

25  acting as an agent for a candidate or any committee.

 

 1        (4) Except for website advertisements not subject to this

 

 2  act, a paid advertisement on a website having reference to a

 

 3  ballot question and that is an expenditure or contribution under

 

 4  this act shall identify by name the person paying for the

 

 5  advertisement or, if the person making the advertisement

 

 6  maintains the website, paying for the website and shall, except

 

 7  for a ballot committee's website advertisement, indicate that the

 

 8  advertisement is paid for "with regulated funds". If the payment

 

 9  is an independent expenditure, the advertisement shall contain

 

10  the following disclaimer: "Not authorized by any ballot

 

11  committee". If the payment is not an independent expenditure and

 

12  is made by a person other than a ballot committee, the

 

13  advertisement shall contain the following disclaimer:

 

 

14	"Authorized by...................................................".
15	(name of the ballot committee)

 

 

16  An individual is not subject to this subsection if the individual

 

17  is acting independently and not acting as an agent for a ballot

 

18  committee or any committee.

 

19        (5) (3) The size and placement of an identification or

 

20  disclaimer required by this section shall be determined by rules

 

21  promulgated by the secretary of state. The rules may exempt

 

22  printed matter and certain other items such as campaign buttons

 

23  or balloons, the size of which makes it unreasonable to add an

 

24  identification or disclaimer, from the identification or

 

25  disclaimer required by this section.

 

26        (4) Except for a candidate committee's printed matter or

 

 1  radio or television paid advertisements, each identification or

 

 2  disclaimer required by this section shall also indicate that the

 

 3  printed matter or radio or television paid advertisement is paid

 

 4  for "with regulated funds". Printed matter or a radio or

 

 5  television paid advertisement that is not subject to this act

 

 6  shall not bear the statement required by this subsection.

 

 7        (6) Only printed matter or advertisements that are subject

 

 8  to this act shall bear the "with regulated funds" statement

 

 9  required by this section. Any person who uses the "with regulated

 

10  funds" statement required by this section with respect to printed

 

11  matter or advertisements that are not subject to this act

 

12  violates this act.

 

13        (7) (5) A person responsible for the content of the printed

 

14  matter, radio, including satellite radio, or television paid

 

15  advertisement who knowingly violates this section is guilty of a

 

16  misdemeanor punishable by a fine of not more than $1,000.00, or

 

17  imprisonment for not more than 93 days, or both.