HOUSE BILL No. 5080

 

August 3, 2005, Introduced by Rep. Bieda and referred to the Committee on House Oversight, Elections, and Ethics.

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending section 24 (MCL 169.224), as amended by 1999 PA 237.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 24. (1) A committee shall file a statement of

 

organization with the filing officials designated in section 36 to

 

receive the committee's campaign statements. A statement of

 

organization shall be filed within 10 days after a committee is

 

formed. A filing official shall maintain a statement of

 

organization filed by a committee until 5 years after the official

 

date of the committee's dissolution. A person who fails to file a

 

statement of organization required by this subsection shall pay a

 

late filing fee of $10.00 for each business day the statement


 

remains not filed in violation of this subsection. The late filing

 

fee shall not exceed $300.00. A person who violates this subsection

 

by failing to file for more than 30 days after a statement of

 

organization is required to be filed is guilty of a misdemeanor

 

punishable by a fine of not more than $1,000.00.

 

     (2) The statement of organization required by subsection (1)

 

shall include the following information:

 

     (a) The name, street address, and, if available, the telephone

 

number of the committee. If a committee is a candidate committee,

 

the committee name shall include the first and last name of the

 

candidate. A committee address may be the home address of the

 

candidate or treasurer of the committee.

 

     (b) The name, street address, and, if available, the telephone

 

number of the treasurer or other individual designated as

 

responsible for the committee's record keeping, report preparation,

 

or report filing.

 

     (c) If the committee is an independent committee or a

 

political committee, the name, street address, and, if available,

 

telephone number of a successor treasurer who will serve as the

 

treasurer or other individual designated as responsible for the

 

committee's record keeping, report preparation, or report filing if

 

the individual named under subdivision (b) resigns, dies, or is

 

incapacitated.

 

     (d)  (c)  The name and address of the financial institution in

 

which the official committee depository is or is intended to be

 

located, and the name and address of each financial institution in

 

which a secondary depository is or is intended to be located.


 

     (e)  (d)  The full name of the office being sought by,

 

including district number or jurisdiction, and the county residence

 

of each candidate supported or opposed by the committee.

 

     (f)  (e)  A brief statement identifying the substance of each

 

ballot question supported or opposed by the committee. If the

 

ballot question supported or opposed by the committee is not

 

statewide, the committee shall identify the county in which the

 

greatest number of registered voters eligible to vote on the ballot

 

question reside.

 

     (g)  (f)  Identification of the committee as a candidate

 

committee, political party committee, independent committee,

 

political committee, or ballot question committee if it is

 

identifiable as such a committee.

 

     (3) An independent committee or political committee shall

 

include in the name of the committee the name of the person or

 

persons that sponsor the committee, if any, or with whom the

 

committee is affiliated. A person, other than an individual or a

 

committee, sponsors or is affiliated with an independent committee

 

or political committee if that person establishes, directs,

 

controls, or financially supports the administration of the

 

committee. For the purposes of this subsection, a person does not

 

financially support the administration of a committee by merely

 

making a contribution to the committee.

 

     (4) If any of the information required in a statement of

 

organization is changed, the committee shall file an amendment when

 

the next campaign statement is required to be filed. An independent

 

committee or political committee whose name does not include the


 

name of the person or persons that sponsor the committee or with

 

whom the committee is affiliated as required by subsection (3)

 

shall file an amendment to the committee's statement of

 

organization not later than the date the next campaign statement is

 

required to be filed after  the effective date of the amendatory

 

act that added this sentence  April 1, 1995.

 

     (5) When filing a statement of organization, a committee,

 

other than an independent committee, a political committee, or a

 

political party committee, may indicate in a written statement

 

signed by the treasurer of the committee that the committee does

 

not expect for each election to receive an amount in excess of

 

$1,000.00 or expend an amount in excess of $1,000.00.

 

     (6) When filing a statement of organization, an independent

 

committee, a political committee, or a political party committee

 

may indicate in a written statement signed by the treasurer of the

 

committee that the committee does not expect in a calendar year to

 

receive or expend an amount in excess of $1,000.00.

 

     (7) Upon the dissolution of a committee, the committee shall

 

file a statement indicating dissolution with the filing officials

 

with whom the committee's statement of organization was filed.

 

Dissolution of a committee shall be accomplished pursuant to rules

 

promulgated by the secretary of state under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (8) A candidate committee that files a written statement

 

pursuant to subsection (5) shall not be required to file a

 

dissolution statement pursuant to subsection (7) if the committee

 

failed to receive or expend an amount in excess of $1,000.00 and 1


 

of the following applies:

 

     (a) The candidate was defeated in an election and has no

 

outstanding campaign debts or assets.

 

     (b) The candidate vacates an elective office and has no

 

outstanding campaign debts or assets.