HOUSE BILL No. 4316


     February 21, 2001, Introduced by Reps. Gieleghem, Neumann, Bogardus, Kolb, Lipsey, Woodward, Waters, Schauer, Basham, Hart, Sheltrown,
Hansen, Mans, Pestka, Jamnick, Bernero, Rivet, Lockwood and Lemmons and referred to the Committee on Redistricting and Elections.


        A bill to amend 1976 PA 388, entitled

   "Michigan campaign finance act,"

   by amending section 47 (MCL 169.247), as amended by 1996 PA 225.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 47.  (1) Except as otherwise provided in this subsec-

 2
      tion, a billboard, placard, poster, pamphlet, or other printed

 3
      matter having reference to an election, a candidate, or a ballot

 4
      question  ,  shall  bear upon it  INCLUDE the name and address
   of

 5
      the person paying for the PRINTED matter.  Except as otherwise

 6
      provided in this subsection, if the printed matter relating to a

 7
      candidate is an independent expenditure that is not authorized in

 8
      writing by the candidate committee of that candidate, the printed

 9
      matter shall contain the following disclaimer:  "Not authorized

10
      by any candidate committee".  An individual other than a

11
      candidate is not subject to this subsection if the individual is


   00753'01                                                 CAS                                   2

 1
      acting independently and not acting as an agent for a candidate

 2
      or any committee.

 3
           (2) A radio or television paid advertisement having refer-

 4
      ence to an election, a candidate, or a ballot question shall

 5
      identify the sponsoring person as required by the federal commu-

 6
      nications commission, shall  bear  INCLUDE the name of the person

 7
      paying for the advertisement, and shall be in compliance with ALL

 8
      OF the following:

 9
           (a) If the radio or television paid advertisement relates to

10
      a candidate and is an independent expenditure, the advertisement

11
      shall contain the following disclaimer:  "Not authorized by any

12
      candidate".

13
           (b) If the radio or television paid advertisement relates to

14
      a candidate and is not an independent expenditure but is paid for

15
      by a person other than the candidate to which it is related, the

16
      advertisement shall contain the following disclaimer:

17
      "Authorized by ...........................................".
18
                    (name of candidate or name of candidate committee)

19
           (3) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, MATE-

20
      RIAL POSTED BY A COMMITTEE ON THE INTERNET HAVING REFERENCE TO AN

21
      ELECTION, A CANDIDATE, OR A BALLOT QUESTION SHALL INCLUDE THE

22
      NAME AND ADDRESS OF THE PERSON SPONSORING THE POSTED MATERIAL.

23
      EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IF THE POSTED

24
      MATERIAL RELATING TO A CANDIDATE IS AN INDEPENDENT EXPENDITURE

25
      THAT IS NOT AUTHORIZED IN WRITING BY THE CANDIDATE COMMITTEE OF

26
      THAT CANDIDATE, THE POSTED MATERIAL SHALL CONTAIN THE FOLLOWING

27
      DISCLAIMER:  "NOT AUTHORIZED BY ANY CANDIDATE COMMITTEE".  AN

28
      INDIVIDUAL OTHER THAN A CANDIDATE IS NOT SUBJECT TO THIS


   00753'01                                   3

 1
      SUBSECTION IF THE INDIVIDUAL IS ACTING INDEPENDENTLY AND NOT

 2
      ACTING AS AN AGENT FOR A CANDIDATE OR A COMMITTEE.  AS USED IN

 3
      THIS SUBSECTION, "INTERNET" MEANS AN INTERCONNECTION OF INDIVID-

 4
      UAL COMPUTERS AND COMPUTER NETWORKS AND THE FACILITIES AND EQUIP-

 5
      MENT USED TO ACCESS THOSE INTERCONNECTED NETWORKS.

 6
           (4)  (3)  The size and placement of an identification or

 7
      disclaimer required by this section shall be determined by rules

 8
      promulgated by the secretary of state.  The rules may exempt

 9
      printed matter and certain other items such as campaign buttons

10
      or balloons, the size of which makes it unreasonable to add an

11
      identification or disclaimer, from the identification or dis-

12
      claimer required by this section.

13
           (5)  (4)  A person who knowingly violates this section is

14
      guilty of a misdemeanor punishable by a fine of not more than

15
      $1,000.00, or imprisonment for not more than 93 days, or both.



























   00753'01          Final page.                            CAS