September 14, 2006, Introduced by Rep. Nitz and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 15 (MCL 169.215), as amended by 2001 PA 250.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) The secretary of state shall do all of the
following:
(a) Make available through his or her offices, and furnish to
county clerks, appropriate forms, instructions, and manuals
required by this act.
(b) Develop a filing, coding, and cross-indexing system for
the
filing of required reports and statements consistent with the
purposes
of this act, and supervise the implementation of the
filing systems by the clerks of the counties.
(c) Receive all statements and reports required by this act to
be filed with the secretary of state.
(d) Prepare forms, instructions, and manuals required under
this act.
(e) Promulgate rules and issue declaratory rulings to
implement this act in accordance with the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(f) Upon receipt of a written request and the required filing,
waive payment of a late filing fee if the request for the waiver is
based on good cause and accompanied by adequate documentation. One
or more of the following reasons constitute good cause for a late
filing fee waiver:
(i) The incapacitating physical illness, hospitalization,
accident involvement, death, or incapacitation for medical reasons
of a person required to file, or a person whose participation is
essential to the preparation of, the statement or report, or a
member of the immediate family of these persons.
(ii) Other unique, unintentional factors beyond the filer's
control, not
stemming from a negligent act or nonaction, so that
are of such a nature that a reasonably prudent person would excuse
the filing on a temporary basis. These factors include the loss or
unavailability of records due to a fire, flood, theft, or similar
reason and difficulties related to the transmission of the filing
to the filing official, such as exceptionally bad weather or
strikes involving transportation systems.
(2) A declaratory ruling shall be issued under this section
only if the person requesting the ruling has provided a reasonably
complete statement of facts necessary for the ruling or if the
person requesting the ruling has, with the permission of the
secretary of state, supplied supplemental facts necessary for the
ruling. A request for a declaratory ruling that is submitted to the
secretary of state shall be made available for public inspection
within 48 hours after its receipt. An interested person may submit
written comments regarding the request to the secretary of state
within 10 business days after the date the request is made
available to the public. Within 45 business days after receiving a
declaratory ruling request, the secretary of state shall make a
proposed response available to the public. An interested person may
submit written comments regarding the proposed response to the
secretary of state within 5 business days after the date the
proposal is made available to the public. Except as otherwise
provided in this section, the secretary of state shall issue a
declaratory ruling within 60 business days after a request for a
declaratory ruling is received. If the secretary of state refuses
to issue a declaratory ruling, the secretary of state shall notify
the person making the request of the reasons for the refusal and
shall issue an interpretative statement providing an informational
response to the question presented within the same time limitation
applicable to a declaratory ruling. A declaratory ruling or
interpretative statement issued under this section shall not state
a general rule of law, other than that which is stated in this act,
until the general rule of law is promulgated by the secretary of
state as a rule under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, or under judicial order.
(3) Under extenuating circumstances, the secretary of state
may issue a notice extending for not more than 30 business days the
period during which the secretary of state shall respond to a
request for a declaratory ruling. The secretary of state shall not
issue more than 1 notice of extension for a particular request. A
person requesting a declaratory ruling may waive, in writing, the
time limitations provided by this section.
(4) The secretary of state shall make available to the public
an annual summary of the declaratory rulings and interpretative
statements issued by the secretary of state.
(5) A person may file with the secretary of state a complaint
that alleges a violation of this act. Within 5 business days after
a complaint that meets the requirements of subsection (6) is filed,
the secretary of state shall give notice to the person against whom
the complaint is filed. The notice shall include a copy of the
complaint. Within 15 business days after this notice is provided,
the person against whom the complaint was filed may submit to the
secretary of state a response. The secretary of state may extend
the period for submitting a response an additional 15 business days
for good cause. The secretary of state shall provide a copy of a
response received to the complainant. Within 10 business days after
receiving a copy of the response, the complainant may submit to the
secretary of state a rebuttal statement. The secretary of state may
extend the period for submitting a rebuttal statement an additional
10 business days for good cause. The secretary of state shall
provide a copy of the rebuttal statement to the person against whom
the complaint was filed.
(6) A complaint under subsection (5) shall satisfy all of the
following requirements:
(a) Be signed by the complainant.
(b) State the name, address, and telephone number of the
complainant.
(c) Include the complainant's certification that, to the best
of the complainant's knowledge, information, and belief, formed
after a reasonable inquiry under the circumstances, each factual
contention of the complaint is supported by evidence. However, if,
after a reasonable inquiry under the circumstances, the complainant
is unable to certify that certain factual contentions are supported
by evidence, the complainant may certify that, to the best of his
or her knowledge, information, or belief, there are grounds to
conclude that those specifically identified factual contentions are
likely to be supported by evidence after a reasonable opportunity
for further inquiry.
(7) The secretary of state shall develop a form that satisfies
the requirements of subsection (6) and may be used for the filing
of complaints.
(8) A person who files a complaint with a false certificate
under subsection (6)(c) is responsible for a civil violation of
this act. A person may file a complaint under subsection (5)
alleging that another person has filed a complaint with a false
certificate under subsection (6)(c).
(9) The secretary of state shall investigate the allegations
in a complaint under subsection (5) under the rules promulgated
under this act. Every 60 days after a complaint that meets the
requirements of subsection (6) is filed and until the matter is
terminated, the secretary of state shall mail to the complainant
and to the alleged violator notice of the action taken to date by
the
secretary of state , together with and the reasons for the
action or nonaction.
(10) If the secretary of state determines that there may be
reason to believe that a violation of this act has occurred, the
secretary of state shall endeavor to correct the violation or
prevent a further violation by using informal methods such as a
conference, conciliation, or persuasion, and may enter into a
conciliation agreement with the person involved. Unless violated, a
conciliation agreement is a complete bar to any further action with
respect to matters covered in the conciliation agreement. If the
secretary of state is unable to correct or prevent further
violation by these informal methods, the secretary of state may
refer the matter to the attorney general for the enforcement of a
criminal penalty provided by this act or commence a hearing as
provided in subsection (11).
(11) The secretary of state may commence a hearing to
determine whether a civil violation of this act has occurred. A
hearing shall not be commenced during the period beginning 30 days
before an election in which the committee has received or expended
money and ending the day after that election except with the
consent of the person suspected of committing a civil violation.
The hearing shall be conducted in accordance with the procedures
set forth in chapter 4 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.271 to 24.287. If after a hearing the
secretary of state determines that a violation of this act has
occurred, the secretary of state may issue an order requiring the
person to pay a civil fine equal to the amount of the improper
contribution or expenditure plus not more than $1,000.00 for each
violation.
(12) The secretary of state may apply to the circuit court in
the appropriate county for issuance of, and the court may issue, a
subpoena to compel the production of documents or other things or
to compel testimony in connection with an investigation under this
act. Failure to comply with a subpoena issued under this subsection
constitutes contempt of court, punishable under chapter 17 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1701 to
600.1745.
(13) (12)
A final decision and order issued by the secretary
of state is subject to judicial review as provided by chapter 6 of
the administrative procedures act of 1969, 1969 PA 306, MCL 24.301
to 24.306. The secretary of state shall deposit a civil fine
imposed under this section in the general fund. The secretary of
state may bring an action in the circuit court to recover the
amount of a civil fine.
(14) (13)
When a report or statement is filed under this
act, the secretary of state shall review the report or statement
and may investigate an apparent violation of this act under the
rules promulgated under this act. If the secretary of state
determines that there may be reason to believe a violation of this
act has occurred and the procedures prescribed in subsection (10)
have been complied with, the secretary of state may refer the
matter to the attorney general for the enforcement of a criminal
penalty provided by this act, or commence a hearing under
subsection (11) to determine whether a civil violation of this act
has occurred.
(15) (14)
Unless otherwise specified in this act, a person
who violates a provision of this act is subject to a civil fine of
not more than $1,000.00 for each violation. A civil fine is in
addition to, but not limited by, a criminal penalty prescribed by
this act.
(16) (15)
In addition to any other sanction
provided for by
this act, the secretary of state may require a person who files a
complaint with a false certificate under subsection (6)(c) to do
either or both of the following:
(a) Pay to the secretary of state some or all of the expenses
incurred by the secretary of state as a direct result of the filing
of the complaint.
(b) Pay to the person against whom the complaint was filed
some or all of the expenses, including, but not limited to,
reasonable attorney fees, incurred by that person in proceedings
under this act as a direct result of the filing of the complaint.
(17) (16)
There is no private right of action, either in law
or in equity, under this act. The remedies provided in this act are
the exclusive means by which this act may be enforced and by which
any harm resulting from a violation of this act may be redressed.
(18) (17)
The secretary of state may waive the filing of a
campaign statement required under section 33, 34, or 35 if the
closing date of the particular campaign statement falls on the same
or a later date as the closing date of the next campaign statement
filed by the same person, or if the period that would be otherwise
covered by the next campaign statement filed by the same person is
10 days or less.
(19) (18)
The clerk of each county shall do all of the
following:
(a) Make available through the county clerk's office the
appropriate forms, instructions, and manuals required by this act.
(b) Under the supervision of the secretary of state, implement
the filing, coding, and cross-indexing system prescribed for the
filing of reports and statements required to be filed with the
county clerk's office.
(c) Receive all statements and reports required by this act to
be filed with the county clerk's office.
(d) Upon written request, waive the payment of a late filing
fee if the request for a waiver is based on good cause as
prescribed in subsection (1)(f).