SB-0284, As Passed Senate, April 19, 2007

SUBSTITUTE FOR

SENATE BILL NO. 284

(As amended, April 18, 2007)

     A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

(MCL 169.201 to 169.282) by adding section 48.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 48. (1) Except for a communication not subject to this

act, an automated telephonic communication with an elector having

reference to a candidate and that is an expenditure or contribution

under this act shall clearly state the identity of the person

paying for the communication and shall, except for a candidate

committee's communication, indicate that the communication is paid

for "with regulated funds". If the communication described in this

subsection is an independent expenditure not authorized << >>

by a candidate's candidate committee, the communication shall

Senate Bill No. 284 as amended April 18, 2007

clearly state the following disclaimer: "Not authorized by a

candidate committee". If the communication described in this

subsection is not an independent expenditure, but is paid for by a

person other than the candidate to whom it is related, the

communication shall clearly state the following disclaimer:

"Authorized by (name of candidate or name of candidate committee)".

An individual other than a candidate is not subject to this

subsection if the individual is acting independently and not acting

as an agent for a candidate or any committee.

     (2) Except for a communication not subject to this act, an

automated telephonic communication with an elector having reference

to a ballot question and that is an expenditure or contribution

under this act shall clearly state the identity of the person

paying for the communication and shall, except for a ballot

committee's communication, indicate that the communication is paid

for "with regulated funds". If the communication described in this

subsection is an independent expenditure not authorized << >>

by a ballot committee, the communication shall clearly state the

following disclaimer: "Not authorized by the ballot committee". If

the communication described in this subsection is not an

independent expenditure, but is paid for by a person other than the

ballot committee to which it is related, the communication shall

clearly state the following disclaimer: "Authorized by (name of

ballot committee)". An individual is not subject to this subsection

if the individual is acting independently and not acting as an

agent for the ballot committee or any committee.

     (3) Only automated telephonic communications that are subject

Senate Bill No. 284 as amended April 18, 2007

to this act shall bear the "with regulated funds" statement

required by this section. Any person who uses the "with regulated

funds" statement required by this section with respect to automated

telephonic communications that are not subject to this act violates

this act.

     (4) A person who knowingly violates this section is guilty of

a misdemeanor punishable by imprisonment for not more than 93 days

or a fine of not more than $1,000.00, or both.

     (5) In addition to any other action provided for in this

section, a person who <<knowingly>> violates this section is liable for a

civil

fine of not more than $10,000.00 or the amount paid for the

communication, whichever is greater.

     (6) Each day that a violation of this section occurs

constitutes a separate violation.