SB-0561, As Passed House, November 1, 2017
SB-0561, As Passed Senate, October 5, 2017
September 13, 2017, Introduced by Senator SCHMIDT and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 16 (MCL 169.216), as amended by 2000 PA 50.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16. (1) A filing official shall make a statement or
report required to be filed under this act available for public
inspection
and reproduction, commencing as soon as practicable, but
not later than the third business day following the day on which it
is received, during regular business hours of the filing official.
If the report is a report of a late contribution under section
32(1) made to the secretary of state, the secretary of state shall
also make the report or all of the contents of the report available
to the public on the internet, without charge, as soon as
practicable but not later than the end of the business day on which
it is received, at a single website established and maintained by
the secretary of state.
(2) A copy of a statement or part of a statement shall be
provided by a filing official at a reasonable charge.
(3) A statement open to the public under this act shall not be
used for any commercial purpose.
(4) Except as otherwise provided in this subsection, a
statement of organization filed under this act with a filing
official who is not the secretary of state shall be preserved by
that filing official for 5 years from the official date of the
committee's dissolution. A statement of organization filed under
this act with a filing official who is not the secretary of state
that is filed by a committee that received more than $50,000.00 in
an election cycle shall be preserved by that filing official for 15
years from the official date of the committee's dissolution. A
statement of organization filed under this act with the secretary
of state shall be preserved by the secretary of state for 15 years
from the official date of the committee's dissolution. Except as
otherwise provided in this subsection, any other statement or
report filed under this act with a filing official who is not the
secretary of state shall be preserved by that filing official for 5
years from the date the filing occurred. Any other statement or
report filed under this act with a filing official who is not the
secretary of state that is filed by a committee that received more
than $50,000.00 in an election cycle shall be preserved by that
filing official for 15 years from the date the filing occurred. Any
other statement or report filed under this act with the secretary
of state shall be preserved by the secretary of state for 15 years
from the date the filing occurred. Upon a determination under
section 15 that a violation of this act has occurred, all
complaints, orders, decisions, or other documents related to that
violation shall be preserved by the filing official who is not the
secretary of state or the secretary of state for 15 years from the
date of the court determination or the date the violations are
corrected, whichever is later. Statements and reports filed under
this
act may be reproduced pursuant to the records media
reproduction
act, 1992 PA 116, MCL 24.401 to 24.403.
24.406. After
the required preservation period, the statements and reports, or
the reproductions of the statements and reports, may be disposed of
in the manner prescribed in the management and budget act, 1984 PA
431,
MCL 18.1101 to 18.1594, and 1913 PA 271, MCL 399.1 to
399.10.section 11 of the Michigan history center act,
2016 PA 470,
399.811.
(5)
A charge filing official shall not be collected by a
filing
official collect a charge for the filing of a required
statement or report or for a form upon which the statement or
report is to be prepared, except a late filing fee required by this
act.
(6) A filing official shall determine whether a statement or
report filed under this act complies, on its face, with the
requirements of this act and the rules promulgated under this act.
The filing official shall determine whether a statement or report
that is required to be filed under this act is in fact filed.
Within 4 business days after the deadline for filing a statement or
report under this act, the filing official shall give notice to the
filer by registered mail of an error or omission in the statement
or report and give notice to a person the filing official has
reason to believe is a person required to and who failed to file a
statement or report. A failure to give notice by the filing
official under this subsection is not a defense to a criminal
action against the person required to file.
(7) Within 9 business days after the report or statement is
required to be filed, the filer shall make any corrections in the
statement or report filed with the appropriate filing official. If
the report or statement was not filed, then the report or statement
shall be late filed within 9 business days after the time it was
required to be filed and shall be subject to late filing fees.
(8) After 9 business days and before 12 business days have
expired after the deadline for filing the statement or report, the
filing official shall report errors or omissions that were not
corrected and failures to file to the attorney general.
(9) A statement or report required to be filed under this act
shall be filed not later than 5 p.m. of the day in which it is
required to be filed. A preelection statement or report due on July
25 or October 25 under section 33 that is postmarked by registered
or certified mail, or sent by express mail or other overnight
delivery service, at least 2 days before the deadline for filing is
filed within the prescribed time regardless of when it is actually
delivered. Any other statement or report required to be filed under
this act that is postmarked by registered or certified mail or sent
by express mail or other overnight delivery service on or before
the deadline for filing is filed within the prescribed time
regardless of when it is actually delivered.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 564
of the 99th Legislature is enacted into law.