HOUSE BILL No. 4861
June 5, 2001, Introduced by Reps. Schauer, Bradstreet, Thomas, Lipsey, Vander Veen, Garza, Bovin, Ruth Johnson, Jacobs, Kooiman, Stewart, Basham, Woodward, Sheltrown, Kuipers, Schermesser, Hale, Pappageorge, Dennis and Lemmons and referred to the Committee on Energy and Technology. A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending the title and sections 5, 11, and 12 (MCL 169.205, 169.211, and 169.212), the title as amended by 1994 PA 385, sec- tion 5 as amended by 1999 PA 237, section 11 as amended by 1996 PA 590, and section 12 as amended by 1995 PA 264, and by adding sections 48 and 48a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to regulate political activity; to regulate campaign 3 financing; to restrict campaign contributions and expenditures; 4 to require campaign statements and reports; to regulate anonymous 5 contributions; to regulate campaign advertising and literature; 6 TO PROHIBIT CERTAIN TELEPHONE SOLICITATIONS BY PROFESSIONAL 7 FUND-RAISERS; to provide for segregated funds for political 04492'01 CAS 2 1 purposes; to provide for the use of public funds for political 2 purposes; to create certain funds; to provide for reversion, 3 retention, or refunding of unexpended balances in certain funds; 4 to require other statements and reports; to regulate acceptance 5 of certain gifts, payments, and reimbursements; to prescribe the 6 powers and duties of certain state departments and state and 7 local officials and employees; to provide appropriations; to pre- 8 scribe penalties and provide remedies; and to repeal certain 9 acts and parts of acts. 10 Sec. 5. (1) "Domestic dependent sovereign" means an Indian 11 tribe that has been acknowledged, recognized, restored, or reaf- 12 firmed as an Indian tribe by the secretary of the interior pursu- 13 ant to chapter 576, 48 Stat. 984, 25 U.S.C. 461 to 463, 464 to 14 465, 466 to 470, 471 to 472, 473, 474 to 475, 476 to 478, and 15 479, commonly referred to as the Indian reorganization act, or 16 has otherwise been acknowledged by the United States government 17 as an Indian tribe. 18 (2) "DO-NOT-CALL LIST" MEANS A DO-NOT-CALL LIST MAINTAINED 19 OR DESIGNATED BY THE COMMISSION UNDER SECTION 48. 20 (3) (2) "Election" means a primary, general, special, or 21 millage election held in this state or a convention or caucus of 22 a political party held in this state to nominate a candidate. 23 Election includes a recall vote. 24 (4) (3) "Election cycle" means 1 of the following: 25 (a) For a general election, the period beginning the day 26 following the last general election in which the office appeared 04492'01 3 1 on the ballot and ending on the day of the general election in 2 which the office next appears on the ballot. 3 (b) For a special election, the period beginning the day a 4 special general election is called or the date the office becomes 5 vacant, whichever is earlier, and ending on the day of the spe- 6 cial general election. 7 (5) (4) "Elective office" means a public office filled by 8 an election. A person who is appointed to fill a vacancy in a 9 public office that is ordinarily elective holds an elective 10 office. Elective office does not include the office of precinct 11 delegate. Except for the purposes of sections 47, 54, and 55, 12 elective office does not include a school board member in a 13 school district that has a pupil membership of 2,400 or less 14 enrolled on the most recent pupil membership count day. However, 15 elective office includes a school board member in a school dis- 16 trict that has a pupil membership of 2,400 or less, if a candi- 17 date committee of a candidate for the office of school board 18 member in that school district receives an amount in excess of 19 $1,000.00 or expends an amount in excess of $1,000.00. Elective 20 office does not include a federal office except for the purposes 21 of section 57. 22 Sec. 11. (1) "Person" means a business, individual, propri- 23 etorship, firm, partnership, joint venture, syndicate, business 24 trust, labor organization, company, corporation, association, 25 committee, or any other ANOTHER organization or group of per- 26 sons acting jointly. 04492'01 4 1 (2) "Political committee" means a committee that is not a 2 candidate committee, political party committee, independent 3 committee, or ballot question committee. 4 (3) "Political merchandise" means goods such as bumper 5 stickers, pins, hats, beverages, literature, or other items sold 6 by a person at a fund-raiser or to the general public for public- 7 ity or for the purpose of raising funds to be used in supporting 8 or opposing a candidate for nomination for or election to an 9 elective office or in supporting or opposing the qualification, 10 passage, or defeat of a ballot question. 11 (4) "Political party" means a political party which THAT 12 has a right under law to have the names of its candidates listed 13 on the ballot in a general election. 14 (5) "Political party committee" means a state central, dis- 15 trict, or county committee of a political party which is a 16 committee. Each state central committee shall designate the 17 official party county and district committees. There shall not 18 be more than 1 officially designated political party committee 19 per county and per congressional district. 20 (6) "PROFESSIONAL FUND-RAISER" MEANS A PERSON WHO FOR COM- 21 PENSATION OR OTHER CONSIDERATION PLANS, CONDUCTS, MANAGES, OR 22 CARRIES ON A DRIVE OR CAMPAIGN OF SOLICITING CONTRIBUTIONS FOR OR 23 ON BEHALF OF A CANDIDATE OR COMMITTEE, OR WHO ENGAGES IN THE 24 BUSINESS OF OR HOLDS HIMSELF OR HERSELF OUT AS INDEPENDENTLY 25 ENGAGED IN THE BUSINESS OF SOLICITING CONTRIBUTIONS FOR THOSE 26 PURPOSES. THE TERM INCLUDES A PERSON WHO IS EMPLOYED OR RETAINED 04492'01 5 1 FOR COMPENSATION BY A PROFESSIONAL FUND-RAISER TO SOLICIT 2 CONTRIBUTIONS. 3 (7) (6) "Public body" means 1 or more of the following: 4 (a) A state agency, department, division, bureau, board, 5 commission, council, authority, or other body in the executive 6 branch of state government. 7 (b) The legislature or an agency, board, commission, or 8 council in the legislative branch of state government. 9 (c) A county, city, township, village, intercounty, inter- 10 city, or regional governing body; a council, school district, 11 special district, or municipal corporation; or a board, depart- 12 ment, commission, or council or an agency of a board, department, 13 commission, or council. 14 (d) Any other body that is created by state or local author- 15 ity or is primarily funded by or through state or local authori- 16 ty, which body exercises governmental or proprietary authority or 17 performs a governmental or proprietary function. 18 Sec. 12. (1) "Qualifying contribution" means a contribution 19 of money made by a written instrument by an individual to the 20 candidate committee of a candidate for the office of governor 21 that is $100.00 or less and made after April 1 of the year pre- 22 ceding a year in which a governor is to be elected. Not more 23 than $100.00 of an individual's total aggregate contribution may 24 be used as a qualifying contribution in any calendar year. 25 Qualifying contribution does not include a subscription, loan, 26 advance, deposit of money, in-kind contribution or expenditure, 27 or anything else of value except as prescribed in this act. 04492'01 6 1 Qualifying contribution does not include a contribution by an 2 individual who resides outside of this state. For purposes of 3 this subsection, an individual is considered to reside in this 4 state if he or she is considered a resident of this state under 5 the Michigan election law, Act No. 116 of the Public Acts of 6 1954, being sections 168.1 to 168.992 of the Michigan Compiled 7 Laws 1954 PA 116, MCL 168.1 TO 168.992. 8 (2) "Senate political party caucus committee" means an inde- 9 pendent committee established by a political party caucus of the 10 state senate under section 24a. 11 (3) "State elective office" means the office of governor, 12 lieutenant governor, secretary of state, attorney general, jus- 13 tice of the supreme court, member of the state board of educa- 14 tion, regent of the university of Michigan, member of the board 15 of trustees of Michigan state university, member of the board of 16 governors of Wayne state university, and member of the state 17 legislature. 18 (4) "TELEPHONE SOLICITOR" MEANS A PROFESSIONAL FUND-RAISER 19 DOING BUSINESS IN THIS STATE WHO MAKES OR CAUSES TO BE MADE A 20 TELEPHONE SOLICITATION FROM WITHIN OR OUTSIDE OF THIS STATE, 21 INCLUDING, BUT NOT LIMITED TO, CALLS MADE BY USE OF AUTOMATED 22 DIALING AND ANNOUNCING DEVICES OR BY A LIVE PERSON. 23 (5) "TELEPHONE SOLICITATION" MEANS A VOICE COMMUNICATION 24 OVER THE TELEPHONE TO AN INDIVIDUAL FOR THE PURPOSE OF 25 FUND-RAISING. TELEPHONE SOLICITATION DOES NOT INCLUDE EITHER OF 26 THE FOLLOWING: 04492'01 7 1 (A) A VOICE COMMUNICATION TO AN INDIVIDUAL WITH THAT 2 INDIVIDUAL'S PRIOR EXPRESS INVITATION OR PERMISSION. 3 (B) A VOICE COMMUNICATION TO AN INDIVIDUAL WHO, WITHIN THE 4 PAST 2 YEARS, HAS MADE A CONTRIBUTION TO THE CANDIDATE OR COMMIT- 5 TEE ON WHOSE BEHALF THE TELEPHONE SOLICITOR IS CALLING. 6 SEC. 48. (1) WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF THE 7 AMENDATORY ACT THAT ADDED THIS SECTION, THE PUBLIC SERVICE COM- 8 MISSION SHALL DO 1 OF THE FOLLOWING: 9 (A) ESTABLISH A STATE DO-NOT-CALL LIST. IF THE PUBLIC SERV- 10 ICE COMMISSION ESTABLISHES A STATE DO-NOT-CALL LIST, IT SHALL 11 PUBLISH THAT LIST QUARTERLY FOR USE BY TELEPHONE SOLICITORS. THE 12 COMMISSION MAY AT ANY TIME CEASE TO MAINTAIN A LIST UNDER THIS 13 SUBDIVISION AND MAKE A DESIGNATION UNDER SUBDIVISION (B). 14 (B) INVESTIGATE ANY NATIONAL DO-NOT-CALL LISTS THEN IN EXIS- 15 TENCE AND AFTER CONSIDERATION OF EACH LIST'S ACCESSIBILITY TO 16 TELEPHONE SOLICITORS AND EASE AND COST OF REGISTRATION FOR INDI- 17 VIDUALS SEEKING INCLUSION, DESIGNATE A LIST AS THE AUTHORIZED 18 DO-NOT-CALL LIST. THE PUBLIC SERVICE COMMISSION MAY REVIEW AND 19 MAKE A DIFFERENT DESIGNATION UNDER THIS SUBDIVISION AT ANY TIME 20 IF THE COMMISSION DETERMINES THAT AN ALTERNATIVE DO-NOT-CALL LIST 21 PROVIDES SUPERIOR ACCESSIBILITY TO TELEPHONE SOLICITORS AND EASE 22 AND COST OF REGISTRATION FOR INDIVIDUALS SEEKING INCLUSION OR IF 23 THE ORGANIZATION MAINTAINING A PREVIOUSLY DESIGNATED DO-NOT-CALL 24 LIST ENGAGES IN ACTIVITIES THE COMMISSION CONSIDERS CONTRARY TO 25 THE PUBLIC INTEREST. THE COMMISSION MAY AT ANY TIME DISCONTINUE 26 A DESIGNATION UNDER THIS SUBDIVISION AND ESTABLISH AND MAINTAIN A 27 LIST UNDER SUBDIVISION (A). 04492'01 8 1 (2) IN DETERMINING WHETHER TO ESTABLISH OR DESIGNATE A 2 DO-NOT-CALL LIST UNDER SUBSECTION (1), OR IN DESIGNATING A 3 DO-NOT-CALL LIST UNDER SUBSECTION (1)(B), THE PUBLIC SERVICE COM- 4 MISSION SHALL CONSIDER COMMENTS FROM INDIVIDUALS, TELEPHONE 5 SOLICITORS, OR ANY OTHER PERSON. 6 (3) BEGINNING 90 DAYS AFTER THE PUBLIC SERVICE COMMISSION 7 ESTABLISHES OR DESIGNATES A DO-NOT-CALL LIST UNDER SUBSECTION 8 (1), A TELEPHONE SOLICITOR SHALL NOT MAKE A TELEPHONE SOLICITA- 9 TION TO AN INDIVIDUAL WHOSE NAME IS ON THE THEN-CURRENT VERSION 10 OF THE DO-NOT-CALL LIST. 11 (4) A TELEPHONE SOLICITOR SHALL NOT USE A DO-NOT-CALL LIST 12 FOR A PURPOSE OTHER THAN MEETING THE REQUIREMENTS OF SUBSECTION 13 (3). 14 (5) IF THE PUBLIC SERVICE COMMISSION ESTABLISHES AND MAIN- 15 TAINS THE DO-NOT-CALL LIST UNDER SUBSECTION (1), THE COMMISSION 16 SHALL NOT SELL OR TRANSFER THE DO-NOT-CALL LIST TO ANY PERSON FOR 17 ANY PURPOSE UNRELATED TO THIS SECTION. 18 SEC. 48A. (1) AT THE BEGINNING OF A TELEPHONE SOLICITATION, 19 A TELEPHONE SOLICITOR MAKING A TELEPHONE SOLICITATION TO AN INDI- 20 VIDUAL SHALL STATE HIS OR HER NAME AND THE FULL NAME OF THE CAN- 21 DIDATE, COMMITTEE, ORGANIZATION, OR OTHER PERSON ON WHOSE BEHALF 22 THE CALL WAS INITIATED AND PROVIDE A TELEPHONE NUMBER OF THE CAN- 23 DIDATE, COMMITTEE, ORGANIZATION, OR OTHER PERSON ON REQUEST. A 24 NATURAL PERSON MUST BE AVAILABLE TO ANSWER THE TELEPHONE NUMBER 25 AT ANY TIME WHEN TELEPHONE SOLICITATIONS ARE BEING MADE. 26 (2) THE PERSON ANSWERING THE TELEPHONE NUMBER REQUIRED UNDER 27 SUBSECTION (1) SHALL PROVIDE AN INDIVIDUAL CALLING THE TELEPHONE 04492'01 9 1 NUMBER WITH INFORMATION DESCRIBING THE CANDIDATE, COMMITTEE, 2 ORGANIZATION, OR OTHER PERSON ON WHOSE BEHALF THE TELEPHONE 3 SOLICITATION WAS MADE TO THE INDIVIDUAL AND DESCRIBING THE TELE- 4 PHONE SOLICITATION. 5 (3) A TELEPHONE SOLICITOR SHALL NOT INTENTIONALLY BLOCK OR 6 OTHERWISE INTERFERE WITH THE CALLER ID FUNCTION ON THE TELEPHONE 7 OF AN INDIVIDUAL TO WHOM A TELEPHONE SOLICITATION IS MADE SO THAT 8 THE TELEPHONE NUMBER OF THE CALLER IS NOT DISPLAYED ON THE TELE- 9 PHONE OF THE INDIVIDUAL. 10 (4) A TELEPHONE SOLICITOR SHALL NOT MAKE A TELEPHONE SOLICI- 11 TATION THAT CONSISTS IN WHOLE OR IN PART OF A RECORDED MESSAGE. 04492'01 Final page. CAS