HOUSE BILL No. 5572

 

January 24, 2006, Introduced by Reps. Bieda and Condino 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 52 (MCL 169.252), as amended by 2001 PA 250.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 52. (1) Except as provided in subsection (5) or (11) and

 

subject to subsection (8), a person other than an independent

 

committee or a political party committee shall not make

 

contributions to a candidate committee of a candidate for elective

 

office that, with respect to an election cycle, are more than the

 

following:

 

     (a) $3,400.00 for a candidate for state elective office other

 

than the office of state legislator, or for a candidate for local

 

elective office if the district from which he or she is seeking

 


office has a population of more than 250,000.

 

     (b) $1,000.00 for a candidate for state senator, or for a

 

candidate for local elective office if the district from which he

 

or she is seeking office has a population of more than 85,000 but

 

250,000 or less.

 

     (c) $500.00 for a candidate for state representative, or for a

 

candidate for local elective office if the district from which he

 

or she is seeking office has a population of 85,000 or less.

 

     (2) Except as otherwise provided in this subsection and

 

subsection (12), an independent committee shall not make

 

contributions to a candidate committee of a candidate for elective

 

office that, in the aggregate for that election cycle, are more

 

than 10 times the amount permitted a person other than an

 

independent committee or political party committee in subsection

 

(1). A house political party caucus committee or a senate political

 

party caucus committee is not limited under this subsection in the

 

amount of contributions made to the candidate committee of a

 

candidate for the office of state legislator, except as follows:

 

     (a) A house political party caucus committee or a senate

 

political party caucus committee shall not pay a debt incurred by a

 

candidate if that debt was incurred while the candidate was seeking

 

nomination at a primary election and the candidate was opposed at

 

that primary.

 

     (b) A house political party caucus committee or a senate

 

political party caucus committee shall not make a contribution to

 

or make an expenditure on behalf of a candidate if that candidate

 

is seeking nomination at a primary election and the candidate is

 


opposed at that primary.

 

     (3) A political party committee other than a state central

 

committee shall not make contributions to the candidate committee

 

of a candidate for elective office that are more than 10 times the

 

amount permitted a person other than an independent committee or

 

political party committee in subsection (1).

 

     (4) A state central committee of a political party shall not

 

make contributions to the candidate committee of a candidate for

 

state elective office other than a candidate for the legislature

 

that are more than 20 times the amount permitted a person other

 

than an independent committee or political party committee in

 

subsection (1). A state central committee of a political party

 

shall not make contributions to the candidate committee of a

 

candidate for state senator, state representative, or local

 

elective office that are more than 10 times the amount permitted a

 

person other than an independent committee or political party

 

committee in subsection (1).

 

     (5) A contribution from a member of a candidate's immediate

 

family to the candidate committee of that candidate is exempt from

 

the limitations of subsection (1).

 

     (6) Consistent with the provisions of this section, a

 

contribution designated in writing for a particular election cycle

 

is considered made for that election cycle.  A contribution made

 

after the close of a particular election cycle and designated in

 

writing for that election cycle shall be made only to the extent

 

that the contribution does not exceed the candidate committee's net

 

outstanding debts and obligations from the election cycle so

 


designated.  If a contribution is not designated in writing for a

 

particular election cycle, the contribution is considered made for

 

the election cycle that corresponds to the date of the written

 

instrument.

 

     (7) A candidate committee, a candidate, or a treasurer or

 

agent of a candidate committee shall not accept a contribution with

 

respect to an election cycle that exceeds the limitations in

 

subsection (1), (2), (3), (4), (11), or (12).

 

     (8) The contribution limits in subsection (1) for a candidate

 

for local elective office are effective on the effective date of

 

the amendatory act that provides for those contribution limits,

 

however, only contributions received by that candidate on and after

 

that date shall be used to determine if the contribution limit has

 

been reached.

 

     (9) A person who knowingly violates this section is guilty of

 

a misdemeanor punishable, if the person is an individual, by a fine

 

of not more than $1,000.00 or imprisonment for not more than 90

 

days, or both, or, if the person is not an individual, by a fine of

 

not more than $10,000.00.

 

     (10) For purposes of the limitations provided in subsections

 

(1) and (2), all contributions made by political committees or

 

independent committees established by  any  a corporation, joint

 

stock company, domestic dependent sovereign, or labor organization,

 

including  any  a parent, subsidiary, branch, division, department,

 

or local unit thereof, shall be considered to have been made by a

 

single independent committee.  By way of illustration and not

 

limitation, all  All of the following  apply as a result of the

 


application of this requirement  are examples of the effect of this

 

subsection:

 

     (a) All of the political committees and independent committees

 

established by a for profit corporation or joint stock company, by

 

a subsidiary of the for profit corporation or joint stock company,

 

or by any combination thereof, are treated as a single independent

 

committee.

 

     (b) All of the political committees and independent committees

 

established by a single national or international labor

 

organization, by a labor organization of that national or

 

international labor organization, by a local labor organization of

 

that national or international labor organization, or by any other

 

subordinate organization of that national or international labor

 

organization, or by any combination thereof, are treated as a

 

single independent committee.

 

     (c) All of the political committees and independent committees

 

established by an organization of national or international unions,

 

by a state central body of that organization, by a local central

 

body of that organization, or by any combination thereof, are

 

treated as a single independent committee.

 

     (d) All of the political committees and independent committees

 

established by a nonprofit corporation, by a related state entity

 

of that nonprofit corporation, by a related local entity of that

 

nonprofit corporation, or by any combination thereof, are treated

 

as a single independent committee.

 

     (11) The limitation on a political committee's contributions

 

under subsection (1) does not apply to contributions that are part

 


of 1 or more bundled contributions delivered to the candidate

 

committee of a candidate for statewide elective office and that are

 

attributed to the political committee as prescribed in section 31.

 

A political committee shall not make contributions to a candidate

 

committee of a candidate for statewide elective office that are

 

part of 1 or more bundled contributions delivered to that candidate

 

committee, that are attributed to the political committee as

 

prescribed in section 31, and that, in the aggregate for that

 

election cycle, are more than the amount permitted a person other

 

than an independent committee or political party committee in

 

subsection (1).

 

     (12) The limitation on an independent committee's

 

contributions under subsection (2) does not apply to contributions

 

that are part of 1 or more bundled contributions delivered to the

 

candidate committee of a candidate for statewide elective office

 

and that are attributed to the independent committee as prescribed

 

in section 31. An independent committee shall not make

 

contributions to a candidate committee of a candidate for statewide

 

elective office that are part of 1 or more bundled contributions

 

delivered to that candidate committee, that are attributed to the

 

independent committee as prescribed in section 31, and that, in the

 

aggregate for that election cycle, are more than 10 times the

 

amount permitted a person other than an independent committee or

 

political party committee in subsection (1).