HOUSE BILL No. 4537



     March 20, 1997, Introduced by Reps. Bobier, Birkholz, Fitzgerald, Jellema, McBryde, Goschka, Lowe, Hale, Richner, LeTarte, Gilmer, Dalman, Schauer, McNutt and Jaye and referred to the Committee on House Oversight and Ethics.


        A bill to amend 1976 PA 388, entitled

   "Michigan campaign finance act,"

   by amending section 16 (MCL 169.216), as amended by 1992 PA 188.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 16.  (1) A filing official shall make a statement or

 2    report required to be filed under this act available for public

 3    inspection and reproduction  , commencing  DURING REGULAR BUSI-

 4    NESS HOURS OF THE FILING OFFICIAL.  THE FILING OFFICIAL SHALL

 5    MAKE A STATEMENT OR REPORT FILED UNDER THIS ACT AVAILABLE as soon

 6    as practicable AFTER RECEIPT, but not later than the third busi-

 7    ness day following the day on which  it  THE STATEMENT OR REPORT

 8    is received.  , during regular business hours of the filing

 9     official. 






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 1         (2) A FILING OFFICIAL SHALL PROVIDE A copy of a statement OR

 2    REPORT or part of a statement  shall be provided by a filing

 3     official  OR REPORT at a reasonable charge.

 4         (3) A PERSON SHALL NOT USE A statement  open  OR REPORT

 5    AVAILABLE to the public under this act  shall not be used  for

 6    any commercial purpose.

 7         (4)  A  THE FILING OFFICIAL SHALL PRESERVE A statement of

 8    organization filed under this act  shall be preserved by the

 9     filing official  for 5 years from the official date of the

10    committee's dissolution.  A  THE FILING OFFICIAL SHALL PRESERVE

11    A statement or report filed under this act by a candidate for an

12    office with a term exceeding 4 years  shall be preserved by the

13     filing official  for  1 year  5 YEARS beyond that candidate's

14    term of office.  Any  THE FILING OFFICIAL SHALL PRESERVE ANY

15    other statement or report filed under this act  shall be pre-

16     served by the filing official  for 5 years from the OFFICIAL date

17    OF the  filing occurred  COMMITTEE'S DISSOLUTION.  Statements and

18    reports filed under this act may be reproduced pursuant to the

19    records media act, 1992 PA 116, MCL 24.401 TO 24.403.  After the

20    required preservation period, the statements and reports, or the

21    reproductions of the statements and reports, shall be destroyed.

22         (5) A  charge  FILING OFFICIAL shall not  be collected by a

23     filing official  COLLECT A FEE for the filing of a required

24    statement or report or for a form upon which  the  A REQUIRED

25    statement or report is to be prepared.  , except  HOWEVER, A

26    FILING OFFICIAL SHALL COLLECT a late filing fee required by this

27    act.



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 1         (6) A filing official shall determine whether a statement or

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

 3    requirements of this act and the rules promulgated under this

 4    act.  The filing official shall determine whether a statement or

 5    report that is required to be filed under this act is in fact

 6    filed.  Within 4 business days after the deadline for filing a

 7    statement or report under this act, the filing official shall

 8    give notice to the filer by registered mail of an error or omis-

 9    sion in the statement or report and give notice to a person the

10    filing official has reason to believe is a person required to and

11    who failed to file a statement or report.  A  THE failure OF A

12    FILING OFFICIAL to give notice  by the filing official  under

13    this subsection is not a defense to a criminal action against the

14    person required to file.

15         (7) Within 9 business days after the report or statement is

16    required to be filed, the filer shall make any corrections in the

17    statement or report  filed  AND FILE THE CORRECTIONS with the

18    appropriate filing official.  If the report or statement was not

19    filed,  then it shall be late filed  THE PERSON SHALL FILE THE

20    REPORT OR STATEMENT WITH THE APPROPRIATE FILING OFFICIAL within 9

21    business days after the time it was required to be filed,  and

22     shall be  WHICH REPORT OR STATEMENT IS CONSIDERED LATE FILED AND

23    IS subject to late filing fees.

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

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

26    the filing official shall report errors or omissions that were

27    not corrected and failures to file to the attorney general.



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 1         (9) A PERSON SHALL FILE A statement or report required to be

 2    filed under this act  shall be filed  not later than 5 p.m. of

 3    the day in which it is required to be filed.  A preelection

 4    statement or report due on July 25 or October 25 under section 33

 5    that is postmarked by registered or certified mail, or sent by

 6    express mail or other overnight delivery service, at least 2 days

 7    before the deadline for filing is filed within the prescribed

 8    time regardless of when it is actually delivered.  Any other

 9    statement or report required to be filed under this act that is

10    postmarked by registered or certified mail or sent by express

11    mail or other overnight delivery service on or before the dead-

12    line for filing is filed within the prescribed time regardless of

13    when it is actually delivered.































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