February 9, 2005, Introduced by Rep. Hummel and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1978 PA 472, entitled
"An act to regulate political activity; to regulate lobbyists,
lobbyist agents, and lobbying activities; to require registration
of lobbyists and lobbyist agents; to require the filing of reports;
to prescribe the powers and duties of the department of state; to
prescribe penalties; and to repeal certain acts and parts of acts,"
by amending section 5 (MCL 4.415), as amended by 1986 PA 83.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Legislative action" means introduction,
sponsorship, support, opposition, consideration, debate, vote,
passage, defeat, approval, veto, delay, or an official action by an
official in the executive branch or an official in the legislative
branch on a bill, resolution, amendment, nomination, appointment,
report, or any matter pending or proposed in a legislative
committee or either house of the legislature. Legislative action
does not include the representation of a person who has been
subpoenaed to appear before the legislature or an agency of the
legislature.
(2) "Lobbying" means communicating directly with an official
in the executive branch of state government or an official in the
legislative branch of state government for the purpose of
influencing legislative or administrative action. Lobbying does not
include the providing of technical information by a person other
than a person as defined in subsection (5) or an employee of a
person as defined in subsection (5) when appearing before an
officially convened legislative committee or executive department
hearing panel. As used in this subsection, "technical information"
means empirically verifiable data provided by a person recognized
as an expert in the subject area to which the information provided
is related.
(3) "Influencing" means promoting, supporting, affecting,
modifying, opposing or delaying by any means, including the
providing of or use of information, statistics, studies, or
analysis.
(4) "Lobbyist" means any of the following:
(a) A person whose expenditures for lobbying are more than
$1,000.00 in value in any 12-month period.
(b) A person whose expenditures for lobbying are more than
$250.00 in value in any 12-month period, if the amount is expended
on lobbying a single public official.
(c) For the purpose of subdivisions (a) and (b), groups of 25
or more people shall not have their personal expenditures for food,
travel, and beverage included, providing those expenditures are not
reimbursed by a lobbyist or lobbyist agent.
(d)
The state or a political subdivision which that
contracts for a lobbyist agent.
(5) "Lobbyist agent" means a person who receives compensation
or reimbursement of actual expenses, or both, in a combined amount
in excess of $250.00 in any 12-month period for lobbying.
(6) "Representative of the lobbyist" means any of the
following:
(a) An employee of the lobbyist or lobbyist agent.
(b)
For purposes of section sections 8(1)(b)(i) and 9(1)(b),
a
member of the lobbyist or employee of a member of the lobbyist,
when
if the lobbyist is a membership
organization or association,
and
when if the lobbyist agent or an employee of the lobbyist
or
lobbyist agent is present during any part of the period during
which the purchased food or beverage is consumed.
(c) A person who is reimbursed by the lobbyist or lobbyist
agent for an expenditure, other than an expenditure for food or
beverage,
which that was incurred for the purpose of lobbying.
(7) Lobbyist or lobbyist agent does not include:
(a) A publisher, owner, or working member of the press, radio,
or television while disseminating news or editorial comment to the
general public in the ordinary course of business.
(b)
All An elected or appointed public officials official
of
state or local government who are is acting in the course or
scope of the office for no compensation, other than that provided
by law for the office.
(c)
For the purposes of this act, subdivision (b) shall does
not include:
(i) Employees of public or private colleges, community
colleges, junior colleges or universities.
(ii) Employees of townships, villages, cities, counties or
school boards.
(iii) Employees of state executive departments.
(iv) Employees of the judicial branch of government.
(d) A member of a lobbyist, if the lobbyist is a membership
organization or association, and if the member of a lobbyist does
not separately qualify as a lobbyist under subsection (4).
(8) "Mass mailing" means not less than 1,000 pieces of
substantially similar material mailed within a 7-day period.
(9) "Official in the executive branch" means the governor,
lieutenant
governor, secretary of state, attorney general; or an
individual who is in the executive branch of state government and
not under civil service; or a classified director, chief deputy
director, or deputy director of a state department. This includes
an individual who is elected or appointed and has not yet taken, or
an individual who is nominated for appointment to, any of the
offices or agencies enumerated in this subsection. An official in
the executive branch does not include a person serving in a
clerical, nonpolicy-making, or nonadministrative capacity but does
include any at-will employee. In addition to all of the foregoing,
an official in the executive branch includes all of the following:
(a) In the executive office of the governor, the chief and any
deputy
chief of staff operating
officer, press secretary,
director
of job training
communications, and director of personnel
operations.
(b) In the department of agriculture, the racing commissioner
and
a member of the Michigan
commission of agriculture.
commission.
(c) In the department of civil rights, a member of the civil
rights commission.
(d) In the department of civil service, a member of the civil
service commission.
(e)
In the department of commerce labor
and economic growth,
the
commissioner of financial institutions and insurance
services, the executive director of the housing development
authority, and a member of the liquor control commission, strategic
fund board, state housing development authority, travel commission,
utility consumer participation board, Michigan occupational safety
and health commission, or public service commission.
(f) In the department of education, a member of the state
board
of education , higher education facilities commission,
higher
education facilities authority, higher education assistance
authority,
higher education student loan authority, or state
tenure commission.
(g) In the department of labor and economic growth, the
director
of the bureau of workers' disability compensation
agency, the director of the employment security commission, and a
member of the construction code commission, employment relations
commission, employment security board of review, employment
security commission, or wage deviation board.
(h)
In the department of licensing and regulation, the state
insurance
commissioner community health, the director of the
office of services to the aging and the chairperson of the crime
victim services commission.
(i)
In the department of management and budget, the lottery
commissioner,
the director of the office of services to the aging,
the
director of the office of state employer, the chairperson of
the
crime victims compensation board, and
a member of the council
for
the arts, state administrative
board, state building
authority. ,
toxic substance control commission, or utility
consumer
participation board.
(j) In the department of natural resources or department of
environmental quality, the supervisor of wells and a member of the
air pollution control commission, or natural resources commission.
,
or water resources commission.
(k)
In the department of public health, a member of the
occupational
health standards commission.
(k) (l) In the
department of transportation, a member of the
aeronautics commission and a state transportation commissioner.
(l) (m) In the department of treasury, the lottery
commissioner, a member of the hospital finance authority,
investment
advisory committee, or state tax commission, higher
education facilities commission, higher education facilities
authority, higher education assistance authority, or higher
education student loan authority.
(n) In the department of history, arts, and libraries, a
member of the council for the arts.
(10) "Official in the legislative branch" means a member of
the legislature or an at-will employee on the member's staff, the
auditor general, the deputy auditor general, an employee of the
consumer's council, the director of the legislative retirement
system, or any other employee of the legislature other than an
individual employed by the state in a clerical or nonpolicy-making
capacity.
(11) "Governmental body" means any state legislative or
governing body, including a board, commission, committee,
subcommittee,
authority, or council, which that is empowered by
state constitution, statute, or rule to exercise governmental or
proprietary authority or perform a governmental or proprietary
function, or a lessee thereof performing an essential public
purpose and function under the lease agreement.