HOUSE BILL No. 4026


     January 26, 1999, Introduced by Reps. Shackleton, Richner, Allen, Bradstreet and Cameron Brown and referred to the Committee on Constitutional Law and Ethics.


        A bill to amend 1976 PA 388, entitled

   "Michigan campaign finance act,"

   by amending section 16 (MCL 169.216), as amended by 1992 PA 188.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 16.  (1) A filing official shall make a statement or

 2    report required to be filed under this act available for public

 3    inspection and reproduction, commencing as soon as practicable,

 4    but not later than the third business day following the day on

 5    which it is received, during regular business hours of the filing

 6    official.

 7         (2) A copy of a statement or part of a statement shall be

 8    provided by a filing official at a reasonable charge.

 9         (3) A statement open to the public under this act shall not

10    be used for any commercial purpose.




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 1         (4)  A statement of organization filed under this act shall

 2     be preserved by the filing official for 5 years from the official

 3     date of the committee's dissolution.  A statement or report filed

 4     under this act by a candidate for an office with a term exceeding

 5     4 years shall be preserved by the filing official for 1 year

 6     beyond that candidate's term of office.  Any other statement or

 7     report filed under this act shall be preserved by the filing

 8     official for 5 years from the date the filing occurred.  A FILING

 9    OFFICIAL SHALL PRESERVE ALL STATEMENTS AND REPORTS FILED WITH

10    THAT FILING OFFICIAL UNDER THIS ACT. Statements and reports filed

11    under this act may be reproduced pursuant to the records media

12    act, 1992 PA 116, MCL 24.401 TO 24.403.  After the required pre-

13     servation period, the statements and reports, or the reproduc-

14     tions of the statements and reports, shall be destroyed. 

15         (5) A charge shall not be collected by a filing official for

16    the filing of a required statement or report or for a form upon

17    which the statement or report is to be prepared, except a late

18    filing fee required by this act.

19         (6) A filing official shall determine whether a statement or

20    report filed under this act complies, on its face, with the

21    requirements of this act and the rules promulgated under this

22    act.  The filing official shall determine whether a statement or

23    report that is required to be filed under this act is in fact

24    filed.  Within 4 business days after the deadline for filing a

25    statement or report under this act, the filing official shall

26    give notice to the filer by registered mail of an error or

27    omission in the statement or report and give notice to a person



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 1    the filing official has reason to believe is a person required to

 2    and who failed to file a statement or report.  A failure to give

 3    notice by the filing official under this subsection is not a

 4    defense to a criminal action against the person required to

 5    file.

 6         (7) Within 9 business days after the report or statement is

 7    required to be filed, the filer shall make any corrections in the

 8    statement or report filed with the appropriate filing official.

 9    If the report or statement was not filed, then it shall be late

10    filed within 9 business days after the time it was required to be

11    filed and shall be subject to late filing fees.

12         (8) After 9 business days and before 12 business days have

13    expired after the deadline for filing the statement or report,

14    the filing official shall report errors or omissions that were

15    not corrected and failures to file to the attorney general.

16         (9) A statement or report required to be filed under this

17    act shall be filed not later than 5 p.m. of the day in which it

18    is required to be filed.  A preelection statement or report due

19    on July 25 or October 25 under section 33 that is postmarked by

20    registered or certified mail, or sent by express mail or other

21    overnight delivery service, at least 2 days before the deadline

22    for filing is filed within the prescribed time regardless of when

23    it is actually delivered.  Any other statement or report required

24    to be filed under this act that is postmarked by registered or

25    certified mail or sent by express mail or other overnight deliv-

26    ery service on or before the deadline for filing is filed within

27    the prescribed time regardless of when it is actually delivered.



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