HOUSE BILL No. 4397 March 1, 2001, Introduced by Rep. Hart and referred to the Committee on Redistricting and Elections. A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 52 (MCL 169.252), as amended by 1996 PA 590. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 52. (1) Except as provided in subsection (5) and 2 subject to subsection (8), a person other than an independent 3 committee or a political party committee shall not make contribu- 4 tions to a candidate committee of a candidate for elective office 5 that, with respect to an election cycle, are more than the 6 following: 7 (a) $3,400.00 for a candidate for state elective office 8 other than the office of state legislator, or for a candidate for 9 local elective office if the district from which he or she is 10 seeking office has a population of more than 250,000. 00453'01 CAS 2 1 (b) $1,000.00 for a candidate for THE OFFICE OF state 2senatorLEGISLATOR, or for a candidate for local elective 3 office if the district from which he or she is seeking office has 4 a population of more than 85,000 but 250,000 or less. 5 (c) $500.00for a candidate for state representative, or6 for a candidate for local elective office if the district from 7 which he or she is seeking office has a population of 85,000 or 8 less. 9 (2) Except as otherwise provided in this subsection, an 10 independent committee shall not make contributions to a candidate 11 committee of a candidate for elective office that, in the aggre- 12 gate for that election cycle, are more than 10 times the amount 13 permitted a person other than an independent committee or politi- 14 cal party committee in subsection (1). EXCEPT FOR A HOUSE POLIT- 15 ICAL PARTY CAUCUS COMMITTEE OR A SENATE POLITICAL PARTY CAUCUS 16 COMMITTEE, AN INDEPENDENT COMMITTEE SHALL NOT MAKE CONTRIBUTIONS 17 TO A CANDIDATE COMMITTEE OF A CANDIDATE FOR THE OFFICE OF STATE 18 LEGISLATOR THAT, WITH RESPECT TO AN ELECTION CYCLE, ARE MORE THAN 19 $1,000.00. A house political party caucus committee or a senate 20 political party caucus committee is not limited under this sub- 21 section in the amount of contributions made to the candidate com- 22 mittee of a candidate for the office of state legislator, except 23 as follows: 24 (a) A house political party caucus committee or a senate 25 political party caucus committee shall not pay a debt incurred by 26 a candidate if that debt was incurred while the candidate was 00453'01 3 1 seeking nomination at a primary election and the candidate was 2 opposed at that primary. 3 (b) A house political party caucus committee or a senate 4 political party caucus committee shall not make a contribution to 5 or make an expenditure on behalf of a candidate if that candidate 6 is seeking nomination at a primary election and the candidate is 7 opposed at that primary. 8 (3) A political party committee other than a state central 9 committee shall not make contributions to the candidate committee 10 of a candidate for elective office that are more than 10 times 11 the amount permitted a person other than an independent committee 12 or political party committee in subsection (1). 13 (4) A state central committee of a political party shall not 14 make contributions to the candidate committee of a candidate for 15 state elective office other than a candidate for the legislature 16 that are more than 20 times the amount permitted a person other 17 than an independent committee or political party committee in 18 subsection (1). A state central committee of a political party 19 shall not make contributions to the candidate committee of a can- 20 didate for state senator, state representative, or local elective 21 office that are more than 10 times the amount permitted a person 22 other than an independent committee or political party committee 23 in subsection (1). 24 (5) A contribution from a member of a candidate's immediate 25 family to the candidate committee of that candidate is exempt 26 from the limitations of subsection (1). 00453'01 4 1 (6) Consistent with the provisions of this section, a 2 contribution designated in writing for a particular election 3 cycle is considered made for that election cycle. A contribution 4 made after the close of a particular election cycle and desig- 5 nated in writing for that election cycle shall be made only to 6 the extent that the contribution does not exceed the candidate 7 committee's net outstanding debts and obligations from the elec- 8 tion cycle so designated. If a contribution is not designated in 9 writing for a particular election cycle, the contribution is con- 10 sidered made for the election cycle that corresponds to the date 11 of the written instrument. 12 (7) A candidate committee, a candidate, or a treasurer or 13 agent of a candidate committee shall not accept a contribution 14 with respect to an election cycle that exceeds the limitations in 15 subsection (1), (2), (3), or (4). 16 (8) The contribution limits in subsection (1) for a candi- 17 date for local elective office are effective onthe effective18date of the amendatory act that provides for those contribution19limits,JUNE 21, 1989; however, only contributions received by 20 that candidate on and after that date shall be used to determine 21 if the contribution limit has been reached. 22 (9) A person who knowingly violates this section is guilty 23 of a misdemeanor punishable, if the person is an individual, by a 24 fine of not more than $1,000.00 or imprisonment for not more than 25 90 days, or both, or, if the person is not an individual, by a 26 fine of not more than $10,000.00. 00453'01 5 1 (10) For purposes of the limitations provided in 2 subsections (1) and (2), all contributions made by political 3 committees or independent committees established by any corpora- 4 tion, joint stock company, domestic dependent sovereign, or labor 5 organization, including any parent, subsidiary, branch, division, 6 department, or local unit,thereof,shall be considered to have 7 been made by a single independent committee.By way of illus-8tration and not limitation, all of the following apply as a9result of the application of this requirementEXAMPLES OF A 10 SINGLE INDEPENDENT COMMITTEE FOR PURPOSES OF REPORTING A CONTRI- 11 BUTION IN A CAMPAIGN STATEMENT INCLUDE, BUT ARE NOT LIMITED TO, 12 THE FOLLOWING: 13 (a) All of the political committees and independent commit- 14 tees established by afor profitFOR-PROFIT corporation or 15 joint stock company, by a subsidiary of thefor profit16 FOR-PROFIT corporation or joint stock company, or by any combina- 17 tionthereof, are treated as a single independent committeeOF 18 THESE. 19 (b) All of the political committees and independent commit- 20 tees established by a single national or international labor 21 organization, by a labor organization of that national or inter- 22 national labor organization, by a local labor organization of 23 that national or international labor organization, or by any 24 other subordinate organization of that national or international 25 labor organization, or by any combinationthereof, are treated26as a single independent committeeOF THESE. 00453'01 6 1 (c) All of the political committees and independent 2 committees established by an organization of national or 3 international unions, by a state central body of that organiza- 4 tion, by a local central body of that organization, or by any 5 combinationthereof, are treated as a single independent6committeeOF THESE. 7 (d) All of the political committees and independent commit- 8 tees established by a nonprofit corporation, by a related state 9 entity of that nonprofit corporation, by a related local entity 10 of that nonprofit corporation, or by any combinationthereof,11are treated as a single independent committeeOF THESE. 00453'01 Final page. 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