SENATE BILL No. 759

October 18, 2001, Introduced by Senators HAMMERSTROM, BENNETT, SIKKEMA,

NORTH, BULLARD, GOSCHKA and JOHNSON and referred to the Committee

on Government Operations.

A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

by amending section 57 (MCL 169.257), as amended by 1996 PA 590,

and by adding sections 58 and 59.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 57. (1) A public body or an individual A PERSON

2 acting for a public body shall not use or authorize ALLOW the

3 use of funds, personnel, office space, COMPUTER HARDWARE OR

4 SOFTWARE, property, stationery, postage, vehicles, equipment,

5 supplies, or other public resources to make a contribution or

6 expenditure or provide volunteer personal services that are

7 excluded from the definition of contribution under section

8 4(3)(a) IN ASSISTANCE OF OR OPPOSITION TO THE NOMINATION OR

9 ELECTION OF A CANDIDATE OR THE QUALIFICATION, PASSAGE, OR DEFEAT

10 OF A BALLOT QUESTION. This subsection

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1 (2) SUBSECTION (1) does not apply to PROHIBIT any of the

2 following:

3 (a) The VERBAL expression of views, INCLUDING VIEWS ON A

4 CANDIDATE OR A BALLOT QUESTION, by an elected or appointed public

5 official who has policy making responsibilities. THIS SUBSECTION

6 APPLIES ONLY TO A PUBLIC OFFICIAL EXPRESSING VIEWS AND DOES NOT

7 ALLOW OR COMPEL OTHER EMPLOYEES OF A PUBLIC BODY TO USE WORK TIME

8 OR OTHER PUBLIC RESOURCES TO HEAR THOSE VIEWS.

9 (b) The production or dissemination of factual information

10 concerning issues relevant to the function of the public body

11 THAT DOES NOT EXPRESSLY ADVOCATE THE NOMINATION, ELECTION, OR

12 DEFEAT OF A CANDIDATE OR THE QUALIFICATION, PASSAGE, OR DEFEAT OF

13 A BALLOT QUESTION. A PUBLIC BODY SHALL NOT EXPRESSLY ADVOCATE BY

14 PASSAGE OF A RESOLUTION OR ANOTHER MEANS OF COMMUNICATION THE

15 NOMINATION, ELECTION, OR DEFEAT OF A CANDIDATE OR EXPRESSLY ADVO-

16 CATE SUPPORT OR OPPOSITION TO THE QUALIFICATION, PASSAGE, OR

17 DEFEAT OF A BALLOT QUESTION.

18 (c) The production or dissemination of debates, interviews,

19 commentary, or information by a broadcasting station, newspaper,

20 magazine, or other periodical or publication in the regular

21 course of broadcasting or publication.

22 (C) (d) The use of a public facility owned or leased by,

23 or on behalf of, a public body if any candidate or committee

24 PERSON has an equal opportunity to use the public facility.

25 (D) A COMMUNICATION THAT DESCRIBES OR BROADCASTS A MEETING

26 COVERED BY THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO

27 15.275, OR THAT ATTEMPTS TO INFORM THE PUBLIC BY PUBLISHING OR

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1 BROADCASTING A DEBATE, A FORUM, A PROFILE, A STATEMENT, OR AN

2 INTERVIEW IF EACH CANDIDATE OR VIEW ON A BALLOT QUESTION IS

3 AFFORDED EQUAL ACCESS. FOR PURPOSES OF THIS SUBDIVISION, A

4 PUBLIC BODY MAY LIMIT ACCESS TO THOSE CANDIDATES WHOSE NAMES WILL

5 APPEAR ON THE BALLOT.

6 (e) The use of a public facility owned or leased by, or on

7 behalf of, a public body if that facility is primarily used as a

8 family dwelling and is not used to conduct a fund-raising event.

9 (f) An elected or appointed public official or an employee

10 of a public body who, when not acting for a public body, but is

11 on his or her own personal time, is expressing his or her own

12 personal views, is expending his or her own personal funds, or

13 is providing his or her own personal volunteer services.

14 (2) A person who knowingly violates this section is guilty

15 of a misdemeanor punishable, if the person is an individual, by a

16 fine of not more than $1,000.00 or imprisonment for not more than

17 1 year, or both, or if the person is not an individual, by 1 of

18 the following, whichever is greater.

19 (a) A fine of not more than $20,000.00.

20 (b) A fine equal to the amount of the improper contribution

21 or expenditure.

22 SEC. 58. (1) A NONPROFIT CORPORATION THAT RECEIVES MONEY

23 FROM A PUBLIC BODY OR A PERSON ACTING ON BEHALF OF A PUBLIC BODY

24 AS MEMBERSHIP FEES, DUES, OR FOR ANOTHER REASON OTHER THAN THE

25 COMPENSATION FOR SPECIFIC GOODS OR SERVICES SHALL NOT USE THE

26 MONEY OR INVESTMENT INCOME DERIVED FROM THE MONEY TO INFLUENCE

27 THE OUTCOME OF AN ELECTION HELD IN THIS STATE. A NONPROFIT

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1 CORPORATION MAY USE MONEY OBTAINED FROM A PUBLIC BODY FOR THE

2 PERFORMANCE OF A SPECIFIC SERVICE OR SALE OF GOODS OR INVESTMENT

3 INCOME DERIVED FROM MONEY OBTAINED FOR THE PERFORMANCE OF A SPE-

4 CIFIC SERVICE OR SALE OF GOODS TO INFLUENCE THE OUTCOME OF A

5 BALLOT QUESTION IF BOTH OF THE FOLLOWING ARE TRUE:

6 (A) THE CHARGE FOR THE SPECIFIC SERVICE OR GOODS IS UNIFORM

7 FOR ALL PUBLIC BODIES AND IS NOT BASED ON THE SIZE OF THE PUBLIC

8 BODY, THE NUMBER OF EMPLOYEES WORKING FOR THE PUBLIC BODY, THE

9 ANNUAL INCOME OF THE PUBLIC BODY, OR SIMILAR CRITERIA. FOR A

10 SEMINAR OR OTHER PROGRAM, THE CHARGE IS UNIFORM FOR ALL PUBLIC

11 BODIES IF EACH INDIVIDUAL ATTENDING THE SEMINAR OR PROGRAM ON

12 BEHALF OF A PUBLIC BODY IS CHARGED AN IDENTICAL SUM TO PARTICI-

13 PATE IN THE SEMINAR OR PROGRAM.

14 (B) THE NONPROFIT CORPORATION DOES NOT ADVERTISE OR PROMOTE

15 THE SERVICE OR GOODS AS A MEANS FOR THE NONPROFIT CORPORATION TO

16 RECEIVE MONEY FROM A PUBLIC BODY THAT MAY BE USED BY THE NON-

17 PROFIT CORPORATION TO INFLUENCE THE OUTCOME OF A BALLOT

18 QUESTION.

19 (2) A PUBLIC BODY OR A PERSON ACTING ON BEHALF OF A PUBLIC

20 BODY SHALL NOT PURCHASE A SERVICE OR GOODS FROM A NONPROFIT COR-

21 PORATION IF THE REASON FOR THE PURCHASE, IN WHOLE OR IN PART, IS

22 TO PROVIDE MONEY TO THAT NONPROFIT CORPORATION FOR USE TO INFLU-

23 ENCE THE OUTCOME OF A BALLOT QUESTION.

24 (3) A NONPROFIT CORPORATION SHALL PLACE IN A SEGREGATED

25 ACCOUNT MONEY RECEIVED FROM A PUBLIC BODY OR A PERSON ACTING ON

26 BEHALF OF A PUBLIC BODY THAT IS NOT PERMITTED UNDER THIS SECTION

27 TO BE USED TO INFLUENCE THE OUTCOME OF A BALLOT QUESTION. MONEY

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1 PLACED IN A SEGREGATED ACCOUNT THAT IS NOT PERMITTED TO BE USED

2 TO INFLUENCE THE OUTCOME OF A BALLOT QUESTION SHALL NOT BE COM-

3 MINGLED WITH MONEY THAT IS PERMITTED TO BE USED TO INFLUENCE THE

4 OUTCOME OF A BALLOT QUESTION. A NONPROFIT CORPORATION THAT COM-

5 MINGLES IN A SINGLE ACCOUNT MONEY THAT IS PERMITTED TO BE USED

6 AND MONEY THAT IS NOT PERMITTED TO BE USED TO INFLUENCE THE OUT-

7 COME OF A BALLOT QUESTION IS PROHIBITED FROM USING ANY PORTION OF

8 THAT MONEY TO INFLUENCE THE OUTCOME OF A BALLOT QUESTION.

9 SEC. 59. (1) A PERSON WHO KNOWINGLY VIOLATES A PROVISION OF

10 SECTION 57 OR 58 IS GUILTY OF A MISDEMEANOR PUNISHABLE AS

11 FOLLOWS:

12 (A) IF THE PERSON IS AN INDIVIDUAL, BY A FINE OF NOT MORE

13 THAN $1,000.00 OR TWICE THE VALUE OF THE IMPROPER CONTRIBUTION OR

14 EXPENDITURE, WHICHEVER IS GREATER, OR IMPRISONMENT FOR NOT MORE

15 THAN 1 YEAR, OR BOTH.

16 (B) IF THE PERSON IS NOT AN INDIVIDUAL, BY A FINE OF NOT

17 MORE THAN $20,000.00 OR TWICE THE VALUE OF THE IMPROPER CONTRIBU-

18 TION OR EXPENDITURE, WHICHEVER IS GREATER.

19 (2) NOTWITHSTANDING THE PROVISIONS OF SECTION 15(6), A

20 PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO A FINE BY THE SEC-

21 RETARY OF STATE. THE FINE SHALL NOT EXCEED $20,000.00 IN ADDI-

22 TION TO THE COST OF THE ILLEGAL CONTRIBUTION OR EXPENDITURE.

23 (3) NOTWITHSTANDING THE PROVISIONS OF SECTION 15(9), A

24 PERSON RESIDING WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE PUBLIC

25 BODY ALLEGING A VIOLATION OF SECTION 57 OR 58 MAY BRING A CIVIL

26 ACTION FOR DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF AGAINST THE

27 PUBLIC BODY OR A PERSON ACTING ON BEHALF OF THE PUBLIC BODY. AN

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1 ACTION COMMENCED UNDER THIS SUBSECTION SHALL BE BROUGHT IN THE

2 CIRCUIT COURT FOR THE COUNTY WHERE THE PUBLIC BODY HAS ITS PRIN-

3 CIPAL PLACE OF BUSINESS. THE PERSON ALLEGING A VIOLATION NEED

4 NOT PROVE THAT THE VIOLATION WAS KNOWING IN ORDER TO PREVAIL.

5 (4) A PERSON COMMENCING A CIVIL ACTION UNDER SUBSECTION (3),

6 IF PREVAILING IN WHOLE OR IN PART, SHALL BE AWARDED ALL OR AN

7 APPROPRIATE PORTION OF REASONABLE ATTORNEY FEES AND COSTS.

8 (5) A CIVIL ACTION COMMENCED UNDER SUBSECTION (3) SHALL BE

9 EXPEDITED AND ASSIGNED FOR HEARING, TRIAL, OR ARGUMENT AT THE

10 EARLIEST POSSIBLE DATE.

11 Enacting section 1. It is the policy of this state that a

12 public body shall maintain strict neutrality in each election and

13 that a public body or a person acting on behalf of a public body

14 shall not attempt to influence the outcome of an election held in

15 this state. If there is a perceived ambiguity in the interpreta-

16 tion of this section, this section shall be construed to best

17 effectuate the policy of strict neutrality by a public body in an

18 election.

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