Bill Text: MI SB0560 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: History and arts; historic sites; references to the Michigan history center act in the legal defense fund act; update. Amends sec. 11 of 2008 PA 288 (MCL 15.531). TIE BAR WITH: SB 0564'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-11-28 - Assigned Pa 0183'17 With Immediate Effect [SB0560 Detail]

Download: Michigan-2017-SB0560-Engrossed.html

SB-0560, As Passed House, November 1, 2017

SB-0560, As Passed Senate, October 5, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 560

 

 

September 13, 2017, Introduced by Senator SCHMIDT and referred to the Committee on Outdoor Recreation and Tourism.

 

 

 

     A bill to amend 2008 PA 288, entitled

 

"Legal defense fund act,"

 

by amending section 11 (MCL 15.531).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11. (1) The secretary of state shall make a statement or

 

report required to be filed under this act available for public

 

inspection and reproduction, commencing 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.

 

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, at a single website

 

established and maintained by the secretary of state.

 


     (2) A copy of a statement or part of a statement shall be

 

provided by the secretary of state at a reasonable charge.

 

     (3) A statement open to the public under this act shall not be

 

used for any commercial purpose.

 

     (4) Except as otherwise provided in this subsection, a

 

statement of organization filed under this act with the secretary

 

of state shall be preserved by the secretary of state for 15 years

 

from the official date of the committee's dissolution. Any other

 

statement or report filed under this act with the secretary of

 

state shall be preserved by the secretary of state for 15 years

 

from the date the filing occurred. Upon a determination that a

 

violation of this act has occurred, all complaints, orders,

 

decisions, or other documents related to that violation shall 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 violation is

 

corrected, whichever is later. Statements and reports filed under

 

this act may be reproduced pursuant to the records media

 

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 1913 PA 271, MCL 399.1 to

 

399.10.section 11 of the Michigan history center act, 2016 PA 470,

 

MCL 399.811.

 

     (5) A charge filing official shall not be collected by a

 

filing official 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) The secretary of state shall determine whether a statement

 

or report filed under this act complies, on its face, with the

 

requirements of this act. The secretary of state shall determine

 

whether a statement or report that is required to be filed under

 

this act is in fact filed. Within 4 business days after the

 

deadline for filing a statement or report under this act, the

 

secretary of state 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 secretary of state 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 secretary of state under this

 

subsection is not a defense to a criminal action against the person

 

required to file.

 

     (7) Within 9 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 secretary of state. If the

 

report or statement was not filed, then the report or statement

 

shall be late filed within 9 business days after the time it was

 

required to be filed and shall be subject to late filing fees.

 

     (8) After 9 business days and before 12 business days have

 

expired after the deadline for filing the statement or report, the

 

secretary of state 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 transaction report 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 564                                    

 

          of the 99th Legislature is enacted into law.

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