June 11, 2014, Introduced by Rep. Dillon and referred to the Committee on Government Operations.
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,
or
report , or any other
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 unless the individual who is providing the
information is a lobbyist agent. As used in this subsection,
"technical information" means empirically verifiable data provided
by
a person an individual who
is 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 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 elected or appointed public officials of state or
local government who are acting in the course or scope of the
office for no compensation, other than that provided by law for the
office. However, this subdivision does not apply to any of the
following:
(c)
For the purposes of this act, subdivision (b) shall 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.
(c) (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, or attorney general; or an
individual who is in the executive branch of state government and
not under civil service; an individual who is a classified
director, chief deputy director, or deputy director of a state
department; .
This includes or an individual who is elected or
appointed and has not yet taken, or an individual who is nominated
for
appointment to, any of the those
offices or agencies.
enumerated
in this subsection. An official in the executive branch
The
term does not include a person
serving an individual who
serves
in
a clerical, nonpolicy-making, or nonadministrative capacity. In
addition
to all of the foregoing, an official in the executive
branch
The term also includes all any of the following:
(a) In the executive office of the governor, the chief and
deputy chief of staff, press secretary, director of job training,
and director of personnel.
(b) In the department of agriculture and rural development,
the
racing commissioner and a member of
the agriculture and rural
development commission.
(c)
In the department of civil rights, a 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, the commissioner of
financial
institutions, licensing and
regulatory affairs, the
executive
director of the housing development authority , and a or
any member of the liquor control commission, strategic fund board,
state
housing development authority, travel 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, licensing
and regulatory
affairs,
the director of the bureau of
workers' disability
compensation,
workers' compensation agency,
the director of the
employment
security commission, unemployment
insurance agency, and
a member of the construction code commission, employment relations
commission,
employment security board of review, employment
security
commission, or wage deviation
board.Michigan employment
relations commission.
(h)
In the department of licensing and regulation, the state
insurance
commissioner.
(h) (i)
In the department of technology, 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 or any member of the council for the arts, state
administrative
board, or state building authority. ,
toxic
substance
control commission, or utility consumer participation
board.
(i) (j)
In the department of natural
resources, the supervisor
of
wells and a member of the air
pollution control commission,
natural
resources commission. , or water resources commission.
(j) In the department of environmental quality, the supervisor
of wells or a member of the air pollution control commission or
water resources commission.
(k)
In the department of public community
health, a member of
the
occupational health standards commission.the director of the
office of services to the aging.
(l) In the state
transportation department, of
transportation,
a
member of the aeronautics commission and a or the state
transportation
commissioner.commission.
(m)
In the department of treasury, a member of the hospital
Michigan finance authority, investment advisory committee, or state
tax commission.
(n) An individual who is conducting business under the
auspices of the executive office of the governor or lieutenant
governor.
(10) "Official in the legislative branch" means a member of
the legislature, 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 non-policy-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 The term
also includes a lessee of
a governmental body that is performing an essential public purpose
and function under the lease agreement.