SENATE BILL No. 841 October 21, 1999, Introduced by Senator MC COTTER and referred to the Committee on Government Operations. A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 16 and 32 (MCL 169.216 and 169.232), section 16 as amended by 1992 PA 188 and section 32 as amended by 1995 PA 264. 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 as soon as practicable, 4 but not later than the third business day following the day on 5 which it is received, during regular business hours of the filing 6 official. IF THE REPORT IS A REPORT OF A LATE CONTRIBUTION UNDER 7 SECTION 32(1), THE FILING OFFICIAL SHALL ALSO MAKE THE REPORT OR 8 ALL OF THE CONTENTS OF THE REPORT AVAILABLE TO THE PUBLIC ON THE 9 INTERNET, WITHOUT CHARGE, AS SOON AS PRACTICABLE BUT NOT LATER 04810'99 DAM 2 1 THAN THE END OF THE BUSINESS DAY ON WHICH IT IS RECEIVED, AT A 2 SINGLE WEBSITE ESTABLISHED AND MAINTAINED BY THE SECRETARY OF 3 STATE. 4 (2) A copy of a statement or part of a statement shall be 5 provided by a filing official at a reasonable charge. 6 (3) A statement open to the public under this act shall not 7 be used for any commercial purpose. 8 (4) A statement of organization filed under this act shall 9 be preserved by the filing official for 5 years from the official 10 date of the committee's dissolution. A statement or report filed 11 under this act by a candidate for an office with a term exceeding 12 4 years shall be preserved by the filing official for 1 year 13 beyond that candidate's term of office. Any other statement or 14 report filed under this act shall be preserved by the filing 15 official for 5 years from the date the filing occurred. 16 Statements and reports filed under this act may be reproduced 17 pursuant to the records media act, 1992 PA 116, MCL 24.401 TO 18 24.403. After the required preservation period, the statements 19 and reports, or the reproductions of the statements and reports, 20 shall be destroyed. 21 (5) A charge shall not be collected by a filing official for 22 the filing of a required statement or report or for a form upon 23 which the statement or report is to be prepared, except a late 24 filing fee required by this act. 25 (6) A filing official shall determine whether a statement or 26 report filed under this act complies, on its face, with the 27 requirements of this act and the rules promulgated under this 04810'99 3 1 act. The filing official shall determine whether a statement or 2 report that is required to be filed under this act is in fact 3 filed. Within 4 business days after the deadline for filing a 4 statement or report under this act, the filing official shall 5 give notice to the filer by registered mail of an error or omis- 6 sion in the statement or report and give notice to a person the 7 filing official has reason to believe is a person required to and 8 who failed to file a statement or report. A failure to give 9 notice by the filing official under this subsection is not a 10 defense to a criminal action against the person required to 11 file. 12 (7) Within 9 business days after the report or statement is 13 required to be filed, the filer shall make any corrections in the 14 statement or report filed with the appropriate filing official. 15 If the report or statement was not filed, then it shall be late 16 filed within 9 business days after the time it was required to be 17 filed and shall be subject to late filing fees. 18 (8) After 9 business days and before 12 business days have 19 expired after the deadline for filing the statement or report, 20 the filing official shall report errors or omissions that were 21 not corrected and failures to file to the attorney general. 22 (9) A statement or report required to be filed under this 23 act shall be filed not later than 5 p.m. of the day in which it 24 is required to be filed. A preelection statement or report due 25 on July 25 or October 25 under section 33 that is postmarked by 26 registered or certified mail, or sent by express mail or other 27 overnight delivery service, at least 2 days before the deadline 04810'99 4 1 for filing is filed within the prescribed time regardless of when 2 it is actually delivered. Any other statement or report required 3 to be filed under this act that is postmarked by registered or 4 certified mail or sent by express mail or other overnight deliv- 5 ery service on or before the deadline for filing is filed within 6 the prescribed time regardless of when it is actually delivered. 7 Sec. 32. (1) A COMMITTEE, CANDIDATE, TREASURER, OR OTHER 8 INDIVIDUAL DESIGNATED AS RESPONSIBLE FOR THE COMMITTEE'S RECORD 9 KEEPING, RECORD PREPARATION, OR REPORT FILING SHALL REPORT A late 10 contributionshall be reportedby filing with the filing offi- 11 cer within 48 hours after its receipt the full name, street 12 address, occupation, employer, and principal place of business of 13 the contributor. 14 (2) Filing of a report of A latecontributions15 CONTRIBUTION PURSUANT TO SUBSECTION (1) may be by any written 16 means of communication and need not contain an original 17 signature. 18 (3) A late contribution shall be reported on subsequent cam- 19 paign statements without regard to reports filed pursuant to 20this sectionSUBSECTION (1). If a campaign statement has not 21 been filed, a late contribution may be reported, if practicable, 22 in the campaign statement and need not, therefore, be reported in 23 a subsequent campaign statement. 24 (4)(2)A committee, candidate, treasurer, or other indi- 25 vidual designated as responsible for the committee's record keep- 26 ing, report preparation, or report filing who fails to report a 27 late contribution as required bythis sectionSUBSECTION (1) 04810'99 5 1 shall pay a late filing fee of$25.00$100.00 for each business 2 day the report remains unfiled. The late filing fee shall not 3 exceed$500.00$2,000.00. 4 (5)(3)As used in this section, "late contribution" means 5 a contribution of $200.00 or more received after the closing date 6 of the last campaign statement required to be filed before an 7 election. 04810'99 Final page. DAM