HOUSE BILL No. 6200


     September 24, 1998, Introduced by Reps. Brater, Schauer, Kaza, LaForge and Parks and referred to the Committee on House Oversight and Ethics.


        A bill to amend 1978 PA 472, entitled

   "An act to regulate political activity; to regulate lobbyists,
   lobbyist agents, and lobbying activities; to require registration
   of lobbyists and lobbyist agents; to require the filing of
   reports; to prescribe the powers and duties of the department of
   state; to prescribe penalties; and to repeal certain acts and
   parts of acts,"

   by amending section 4 (MCL 4.414) and by adding section 6b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4.  (1) "Gift" means a payment, advance, forbearance,

 2    or the rendering or deposit of money, services, or anything of

 3    value, the value of which exceeds $25.00 in any 1-month period,

 4    unless consideration of equal or greater value is received

 5    therefor.  NOTWITHSTANDING SUBDIVISION (D), GIFT INCLUDES AN

 6    EXPENDITURE FOR MEALS OR ENTERTAINMENT IN EXCESS OF $20.00 IN ANY

 7    INSTANCE RELATIVE TO AN OFFICIAL IN THE EXECUTIVE BRANCH OR AN

 8    INDIVIDUAL WITH A PERSONAL SERVICES CONTRACTUAL RELATIONSHIP WITH



   06337'98                                                 LBO
                                              2

 1    AN AGENCY OF THE EXECUTIVE BRANCH OR THE GOVERNOR'S OFFICE. Gift

 2    does not include ANY OF THE FOLLOWING:

 3         (a) A campaign contribution otherwise reported as required

 4    by  Act No. 388 of the Public Acts of 1976, as amended, being

 5     sections 169.201 to 169.282 of the Michigan Compiled Laws  THE

 6    MICHIGAN CAMPAIGN FINANCE ACT, 1976 PA 388, MCL 169.201 TO

 7    169.282.

 8         (b) A loan made in the normal course of business by an

 9    institution as defined in section 5 of  Act No. 319 of the Public

10     Acts of 1969, as amended, being section 487.305 of the Michigan

11     Compiled Laws  THE BANKING CODE OF 1969, 1969 PA 319,

12    MCL 487.305, a national bank, a branch bank, an insurance company

13    issuing a loan or receiving a mortgage in the normal course of

14    business, a premium finance company, a mortgage company, a small

15    loan company, a state or federal credit union, a savings and loan

16    association chartered by this state or the federal government, or

17    a licensee as defined by  Act No. 27 of the Public Acts of the

18     Extra Session of 1950, as amended, being sections 492.101 to

19     492.141 of the Michigan Compiled Laws  THE MOTOR VEHICLE SALES

20    FINANCE ACT, 1950 (EX SESS) PA 27, MCL 492.101 TO 492.141.

21         (c) A gift received from a member of the person's immediate

22    family, a relative of a spouse, a relative within the seventh

23    degree of consanguinity as computed by the civil law method, or

24    from the spouse of the relative.

25         (d)  A  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A

26    breakfast, luncheon, dinner, or other refreshment consisting of

27    food and beverage provided for immediate consumption.



   06337'98
                                   3

 1          (e) A donation to an officeholder expense fund otherwise

 2     reported as required by Act No. 388 of the Public Acts of 1976,

 3     as amended, being sections 169201 to 169.282 of the Michigan

 4     Compiled Laws. 

 5         (2) "Immediate family" means a child residing in an

 6    individual's household, a spouse of an individual, or an individ-

 7    ual claimed by that individual or that individual's spouse as a

 8    dependent for federal income tax purposes.

 9         (3) "Loan" means a transfer of money, property, or anything

10    of ascertainable value in exchange for an obligation, conditional

11    or not, to repay in whole or in part.

12         SEC. 6B.  (1) AN OFFICIAL IN THE EXECUTIVE BRANCH SHALL NOT

13    MAKE EXPENDITURES FOR, OR RECEIVE COMPENSATION OR REIMBURSEMENT

14    FOR ACTUAL EXPENSES FOR, LOBBYING FOR AT LEAST 1 YEAR AFTER LEAV-

15    ING THE EXECUTIVE BRANCH.

16         (2) AN INDIVIDUAL WITH A PERSONAL SERVICES CONTRACTUAL RELA-

17    TIONSHIP WITH AN AGENCY OF THE EXECUTIVE BRANCH OR WITH THE

18    GOVERNOR'S OFFICE SHALL NOT MAKE EXPENDITURES FOR, OR RECEIVE

19    COMPENSATION OR REIMBURSEMENT FOR ACTUAL EXPENSES FOR, LOBBYING

20    FOR AT LEAST 1 YEAR AFTER TERMINATING THE CONTRACTUAL RELATION-

21    SHIP WITH THE AGENCY OF THE EXECUTIVE BRANCH OR THE GOVERNOR'S

22    OFFICE.

23         (3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDE-

24    MEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $1,000.00 OR IMPRIS-

25    ONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH.







   06337'98          Final page.                            LBO