November 14, 2006, Introduced by Reps. Kolb and Zelenko 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 11 (MCL 4.421).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) A person shall not be employed as a lobbyist
agent for compensation contingent in any manner upon the outcome of
an administrative or legislative action. A person who knowingly
violates this subsection is guilty of a felony and if the person is
an individual shall be punished by a fine of not more than
$10,000.00, or imprisoned for not more than 3 years, or both, and
if the person is other than an individual shall be punished by a
fine of not more than $25,000.00.
(2) A lobbyist or lobbyist agent or anyone acting on behalf of
a lobbyist or lobbyist agent shall not give a gift or loan to an
official in the executive branch, an official in the legislative
branch or a member of the official's staff, or a member of the
immediate family of an official in the executive or legislative
branch, other than a loan made in the normal course of business by
an
institution as defined in section
5 of Act No. 319 of the
Public
Acts of 1969, as amended 1202
of the banking code of 1999,
1999 PA 276, MCL 487.11202, a national bank, a branch bank, an
insurance company issuing a loan or receiving a mortgage in the
normal course of business, a premium finance company, a mortgage
company, a small loan company, a state or federal credit union, a
savings and loan association chartered by this state or the federal
government,
or a licensee as defined by Act No. 27 of the Public
Acts
of the Extra Session of 1950, as amended section 2 of the
motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.102.
For the purpose of this section, a preferential interest rate shall
not be given solely on the basis of the credit applicant being a
public official or a member of the public official's immediate
family. A person who gives a gift in violation of this subsection
is guilty of a misdemeanor if the value of the gift is $3,000.00 or
less, and shall be punished by a fine of not more than $5,000.00,
or imprisoned for not more than 90 days, or both, and if the person
is other than an individual the person shall be fined not more than
$10,000.00. A person who knowingly gives a gift in violation of
this subsection and the value of the gift is more than $3,000.00 is
guilty of a felony and if the person is an individual shall be
punished by a fine of not more than $10,000.00, or imprisoned for
not more than 3 years, or both, and if the person is other than an
individual shall be punished by a fine of not more than $25,000.00.
(3) Information copied from registration forms or activity
reports required by this act or from lists compiled from the forms
or reports may not be sold or utilized by any person for any
commercial purpose. A person who violates this subsection is
subject to a civil penalty of not more than $1,000.00.
(4) A public official, other than an individual who is
appointed or elected to a board or commission and is not an ex
officio member or prohibited by law from having other employment,
shall not accept compensation or reimbursement, other than from the
state, for personally engaging in lobbying. A person who violates
this subsection is guilty of a misdemeanor and shall be punished by
a fine of not more than $1,000.00, or imprisoned for not more than
90 days, or both.