Bill Text: MI SB1228 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Public employees and officers; ethics; elected officials' source of travel expense contributions and subsidies; require to report. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-11-28 - Referred To Committee On Government Operations [SB1228 Detail]
Download: Michigan-2017-SB1228-Introduced.html
SENATE BILL No. 1228
November 28, 2018, Introduced by Senator BIEDA and referred to the Committee on Government Operations.
A bill to require elected public officials to file reports
concerning receipt of certain contributions or subsidies; to
prescribe certain powers and duties of certain state and local
agencies and officials; and to provide for fees and civil fines.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"elected officials reporting act".
Sec. 3. As used in this act:
(a) "Elected official" means an individual who holds an
elective office as that term is defined in section 5 of the
Michigan campaign finance act, 1976 PA 388, MCL 169.205.
(b) "Immediate family" means a child residing in the elected
official's household, the elected official's spouse, or an
individual that the elected official or the elected official's
spouse claims as a dependent for federal income tax purposes.
(c) "Report" means the travel contribution and subsidy report
required under section 5.
(d) "Reporting period" means the 6 months immediately
preceding January 1 or July 1 of each year.
(e) "Travel" means transportation, lodging, or any expense
related to transportation or lodging.
Sec. 5. (1) If an individual holds elective office at any time
within a reporting period, the individual shall file a travel
contribution and subsidy report not later than 30 days after the
end of that reporting period. Except as provided in subsection (2),
the report shall include each contribution or subsidy with an
estimated value of not less than $50.00 that the elected official
or a member of his or her immediate family accepted for travel
during the reporting period. The duty to file a report under this
act survives vacation of an elective office before the required
filing date for the report.
(2) An individual is not required to include the following in
a report required under this act:
(a) A contribution or subsidy that the elected official
receives from the unit of government of which he or she is an
elected official.
(b) A contribution or subsidy that an immediate family member
receives from his or her employer for business travel.
(3) A report for a state elected official shall be filed with
the secretary of state.
(4) A report for an elected official of a unit of local
government shall be filed with the county clerk.
Sec. 7. Subject to section 5(2), the report shall contain all
of the following information:
(a) The name and address of the elected official.
(b) The elective office that the individual held during the
reporting period.
(c) The dates identifying the reporting period that the report
covers.
(d) The name of the elected official's campaign committee.
(e) A description of any travel for which the elected official
or a member of his or her immediate family received a contribution
or subsidy with an estimated value of not less than $50.00,
including all of the following:
(i) The date, location, and nature of the travel.
(ii) The purpose of the travel.
(iii) The identity, street address, and telephone number for
each nongovernmental source of a contribution or subsidy and the
estimated value of the contribution or subsidy.
(iv) The name of each governmental source of a contribution or
subsidy and the estimated value of the contribution or subsidy.
(f) If the elected official and his or her immediate family
received no reportable contribution or subsidy for travel, a
statement that the elected official received no contribution or
subsidy for travel during the reporting period.
Sec. 9. (1) If a report is filed after the filing date
indicated in section 5, the individual is responsible for a late
filing fee of $25.00 for each business day or part of a business
day that the report is late, not to exceed $500.00.
(2) An individual who knowingly files an incomplete or
inaccurate report is responsible for a civil fine of not more than
$1,000.00.
Sec. 11. (1) The secretary of state shall make a report that
he or she receives available to the public through the electronic
filing and internet disclosure system as described in the Michigan
campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.
(2) A county clerk shall make a report that he or she receives
available for public inspection and reproduction during regular
business hours. The county clerk shall make a report available as
soon as practicable, but not later than 3 business days after
receiving the report.
Sec. 13. (1) An individual responsible for a late filing fee
shall pay the fee to the secretary of state or county clerk with
whom the report is required to be filed.
(2) The secretary of state or county clerk may retain the late
filing fee to cover the expenses of administering this act. The
secretary of state may collect an unpaid late filing fee in the
manner provided for collecting a late filing fee under section 17
of the Michigan campaign finance act, 1976 PA 388, MCL 169.217. A
county clerk may refer an unpaid filing fee for collection in the
manner provided for collecting debts owed to the county.
Sec. 15. A civil fine collected under this act shall be
forwarded to the state treasurer for deposit in the general fund.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
