| 1 | 1 | | HOUSE BILL NO. 4382 A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 30a. the people of the state of michigan enact: Sec. 30a. (1) A covered person shall not make a donation or contribution to any of the following: (a) A 501(c)(4) organization or a 527 organization that is controlled or directed by any of the following: (i) A candidate for state elective office. (ii) An elected state official. (iii) A former elected state official. (iv) An appointed state official. (v) A state or local party committee. (vi) A 501(c)(4) organization or 527 organization in which a state or local candidate, appointed official, or elected official controls or sits on the board of that organization. (b) A 501(c)(4) organization or a 527 organization in which a candidate for state elective office, appointed state official, elected state official, former elected state official, or affiliate is employed by or sits on the board of that organization. (c) A candidate committee. (d) A political party committee. (e) A political committee. (f) An independent committee. (g) A separate segregated fund. (2) A covered person that violates this section is subject to a civil fine of not less than 5 times and not more than 10 times the amount of the unlawful contribution. (3) As used in this section: (a) "Affiliate" means any family member, employee, contract employee, or staff member of any of the following: (i) An elected state official. (ii) A candidate for state elective office. (iii) A former elected state official. (iv) An appointed state official. (b) "Covered person" means any of the following: (i) A principal of a regulated utility. (ii) A principal of the holding company for a regulated utility. (iii) A principal for a company that has a 5% or greater ownership stake in a regulated utility. (iv) A committee, 501(c)(4) organization, 527 organization, or separate segregated fund that meets any of the following: (A) Is organized by any officer, employee, contract employee, or staff member or any family member of an officer, employee, contract employee, or staff member of the regulated utility. (B) Maintains any of the individuals listed in sub-subparagraph (A) on its board, in leadership positions, or as staff or consultants. (C) Receives at least half its funding in any year from a regulated utility or the principals of a regulated utility. (c) "Elected state official" means an individual who holds a state elective office in this state. (d) "Family member" means any of the following: (i) A spouse or ex-spouse. (ii) A child, stepchild, grandchild, parent, sibling, niece, or nephew. (iii) The spouse of a child, stepchild, grandchild, parent, sibling, niece, or nephew. (e) "501(c)(4) organization" means an organization that claims tax-exempt status under section 501(c)(4) of the internal revenue code of 1986, 26 USC 501. (f) "527 organization" means an organization that claims tax-exempt status under section 527 of the internal revenue code of 1986, 26 USC 527. (g) "Former elected state official" means an individual who no longer holds state elective office but held state elective office during the previous 2 years. (h) "Principal" means any of the following: (i) The chief executive officer or a comparable officer. (ii) A member of the board of directors or the equivalent of the board of directors. (iii) An individual who has an ownership interest of 5% or greater. (iv) A president, treasurer, or executive vice president. (v) Any officer or employee who has managerial or discretionary responsibilities with respect to government affairs with this state, a state agency, a local government, or a political subdivision of a local government. (vi) The spouse or dependent child of an individual listed under subparagraphs (i) through (v). (vii) A political committee established or controlled by an individual listed under subparagraphs (i) through (vi), or a regulated utility. (viii) Any subsidiary business controlled directly or indirectly by a regulated utility. (ix) Any person acting on behalf of the persons listed under this subdivision, including, but not limited to, a lobbying firm, employee of a lobbying firm, or family member of an employee of a lobbying firm if the lobbying firm has a contract with a regulated utility. (i) "Regulated utility" means a natural gas utility or an electric utility as those terms are defined under section 9 and 10h of 1939 PA 3, MCL 460.9 and 460.10h. |
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| 2 | 2 | | |
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| 3 | 3 | | HOUSE BILL NO. 4382 |
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| 4 | 4 | | |
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| 5 | 5 | | A bill to amend 1976 PA 388, entitled |
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| 6 | 6 | | |
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| 7 | 7 | | "Michigan campaign finance act," |
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| 8 | 8 | | |
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| 9 | 9 | | (MCL 169.201 to 169.282) by adding section 30a. |
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| 10 | 10 | | |
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| 11 | 11 | | the people of the state of michigan enact: |
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| 12 | 12 | | |
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| 13 | 13 | | Sec. 30a. (1) A covered person shall not make a donation or contribution to any of the following: |
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| 14 | 14 | | |
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| 15 | 15 | | (a) A 501(c)(4) organization or a 527 organization that is controlled or directed by any of the following: |
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| 16 | 16 | | |
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| 17 | 17 | | (i) A candidate for state elective office. |
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| 18 | 18 | | |
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| 19 | 19 | | (ii) An elected state official. |
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| 20 | 20 | | |
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| 21 | 21 | | (iii) A former elected state official. |
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| 22 | 22 | | |
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| 23 | 23 | | (iv) An appointed state official. |
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| 24 | 24 | | |
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| 25 | 25 | | (v) A state or local party committee. |
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| 26 | 26 | | |
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| 27 | 27 | | (vi) A 501(c)(4) organization or 527 organization in which a state or local candidate, appointed official, or elected official controls or sits on the board of that organization. |
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| 28 | 28 | | |
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| 29 | 29 | | (b) A 501(c)(4) organization or a 527 organization in which a candidate for state elective office, appointed state official, elected state official, former elected state official, or affiliate is employed by or sits on the board of that organization. |
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| 30 | 30 | | |
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| 31 | 31 | | (c) A candidate committee. |
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| 32 | 32 | | |
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| 33 | 33 | | (d) A political party committee. |
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| 34 | 34 | | |
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| 35 | 35 | | (e) A political committee. |
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| 36 | 36 | | |
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| 37 | 37 | | (f) An independent committee. |
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| 38 | 38 | | |
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| 39 | 39 | | (g) A separate segregated fund. |
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| 40 | 40 | | |
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| 41 | 41 | | (2) A covered person that violates this section is subject to a civil fine of not less than 5 times and not more than 10 times the amount of the unlawful contribution. |
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| 42 | 42 | | |
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| 43 | 43 | | (3) As used in this section: |
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| 44 | 44 | | |
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| 45 | 45 | | (a) "Affiliate" means any family member, employee, contract employee, or staff member of any of the following: |
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| 46 | 46 | | |
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| 47 | 47 | | (i) An elected state official. |
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| 48 | 48 | | |
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| 49 | 49 | | (ii) A candidate for state elective office. |
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| 50 | 50 | | |
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| 51 | 51 | | (iii) A former elected state official. |
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| 52 | 52 | | |
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| 53 | 53 | | (iv) An appointed state official. |
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| 54 | 54 | | |
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| 55 | 55 | | (b) "Covered person" means any of the following: |
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| 56 | 56 | | |
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| 57 | 57 | | (i) A principal of a regulated utility. |
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| 58 | 58 | | |
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| 59 | 59 | | (ii) A principal of the holding company for a regulated utility. |
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| 60 | 60 | | |
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| 61 | 61 | | (iii) A principal for a company that has a 5% or greater ownership stake in a regulated utility. |
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| 62 | 62 | | |
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| 63 | 63 | | (iv) A committee, 501(c)(4) organization, 527 organization, or separate segregated fund that meets any of the following: |
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| 64 | 64 | | |
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| 65 | 65 | | (A) Is organized by any officer, employee, contract employee, or staff member or any family member of an officer, employee, contract employee, or staff member of the regulated utility. |
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| 66 | 66 | | |
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| 67 | 67 | | (B) Maintains any of the individuals listed in sub-subparagraph (A) on its board, in leadership positions, or as staff or consultants. |
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| 68 | 68 | | |
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| 69 | 69 | | (C) Receives at least half its funding in any year from a regulated utility or the principals of a regulated utility. |
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| 70 | 70 | | |
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| 71 | 71 | | (c) "Elected state official" means an individual who holds a state elective office in this state. |
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| 72 | 72 | | |
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| 73 | 73 | | (d) "Family member" means any of the following: |
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| 74 | 74 | | |
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| 75 | 75 | | (i) A spouse or ex-spouse. |
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| 76 | 76 | | |
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| 77 | 77 | | (ii) A child, stepchild, grandchild, parent, sibling, niece, or nephew. |
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| 78 | 78 | | |
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| 79 | 79 | | (iii) The spouse of a child, stepchild, grandchild, parent, sibling, niece, or nephew. |
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| 80 | 80 | | |
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| 81 | 81 | | (e) "501(c)(4) organization" means an organization that claims tax-exempt status under section 501(c)(4) of the internal revenue code of 1986, 26 USC 501. |
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| 82 | 82 | | |
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| 83 | 83 | | (f) "527 organization" means an organization that claims tax-exempt status under section 527 of the internal revenue code of 1986, 26 USC 527. |
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| 84 | 84 | | |
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| 85 | 85 | | (g) "Former elected state official" means an individual who no longer holds state elective office but held state elective office during the previous 2 years. |
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| 86 | 86 | | |
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| 87 | 87 | | (h) "Principal" means any of the following: |
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| 88 | 88 | | |
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| 89 | 89 | | (i) The chief executive officer or a comparable officer. |
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| 90 | 90 | | |
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| 91 | 91 | | (ii) A member of the board of directors or the equivalent of the board of directors. |
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| 92 | 92 | | |
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| 93 | 93 | | (iii) An individual who has an ownership interest of 5% or greater. |
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| 94 | 94 | | |
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| 95 | 95 | | (iv) A president, treasurer, or executive vice president. |
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| 96 | 96 | | |
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| 97 | 97 | | (v) Any officer or employee who has managerial or discretionary responsibilities with respect to government affairs with this state, a state agency, a local government, or a political subdivision of a local government. |
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| 98 | 98 | | |
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| 99 | 99 | | (vi) The spouse or dependent child of an individual listed under subparagraphs (i) through (v). |
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| 100 | 100 | | |
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| 101 | 101 | | (vii) A political committee established or controlled by an individual listed under subparagraphs (i) through (vi), or a regulated utility. |
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| 102 | 102 | | |
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| 103 | 103 | | (viii) Any subsidiary business controlled directly or indirectly by a regulated utility. |
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| 104 | 104 | | |
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| 105 | 105 | | (ix) Any person acting on behalf of the persons listed under this subdivision, including, but not limited to, a lobbying firm, employee of a lobbying firm, or family member of an employee of a lobbying firm if the lobbying firm has a contract with a regulated utility. |
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| 106 | 106 | | |
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| 107 | 107 | | (i) "Regulated utility" means a natural gas utility or an electric utility as those terms are defined under section 9 and 10h of 1939 PA 3, MCL 460.9 and 460.10h. |
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