HOUSE BILL No. 5990

 

April 16, 2008, Introduced by Reps. Marleau, Moss, Agema, Knollenberg, Palmer, Proos, Shaffer, LaJoy, Brandenburg, Pastor, Rick Jones, David Law, Robertson, Hune, Gaffney, Moore, Stakoe, Moolenaar, Caul, Booher, Hansen, Ball, Opsommer, Nitz, Pearce, Meltzer, Acciavatti, Amos, Rocca, Stahl, Calley, Meekhof, Green and Horn and referred to the Committee on Ethics and Elections.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 933 (MCL 168.933), as amended by 2003 PA 119,

 

and by adding section 849.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 849. (1) Before assuming office, each elected candidate

 

subject to the Michigan campaign finance act, 1976 PA 388, MCL

 

169.201 to 169.282, including an elected candidate whose candidate

 

committee received or expended less than $1,000.00 during the

 

election cycle, shall file a tax compliance statement with the

 

filing official designated to receive the candidate's candidate

 

committee statement of organization under section 24 of the


 

Michigan campaign finance act, 1976 PA 388, MCL 169.224.

 

     (2) Before assuming office, each elected school board member

 

who is exempt from the definition of elective office under section

 

5 of the Michigan campaign finance act, 1976 PA 388, MCL 169.205,

 

shall file a tax compliance statement with 1 of the following:

 

     (a) If the school district has territory in only 1 county,

 

with the clerk of that county.

 

     (b) If the school district has territory in more than 1

 

county, with the clerk of the county in which the largest number of

 

registered school district electors reside.

 

     (3) All of the following apply to a tax compliance statement

 

required under this section:

 

     (a) The tax compliance statement shall be on a form prescribed

 

by the secretary of state.

 

     (b) The tax compliance statement shall include an attestation

 

signed by the elected candidate that, as of the date of the

 

statement, any delinquent taxes owed by the elected candidate have

 

been paid or are currently being adjudicated in a court or

 

administrative agency.

 

     (c) The tax compliance statement shall include an attestation

 

signed by the elected candidate acknowledging that making a false

 

statement in a tax compliance statement is punishable by a fine of

 

not more than $1,000.00 or imprisonment for not more than 5 years,

 

or both.

 

     (4) Failure to file a tax compliance statement as required by

 

subsection (1) or (2) is a misdemeanor punishable by a fine of not

 

more than $500.00 or imprisonment for not more than 93 days, or


 

both.

 

     (5) Making a false statement in a tax compliance statement

 

required under subsection (1) or (2) is perjury punishable as

 

provided in section 936.

 

     Sec. 933. A person who makes a false affidavit or swears

 

falsely while under oath under section 848, 849, or for the purpose

 

of securing registration, for the purpose of voting at an election,

 

or for the purpose of qualifying as a candidate for elective office

 

under section 558 is guilty of perjury.