2023 Senate Bill 614 / Public Act 282

Campaign finance: statements and reports; financial disclosure reports; require certain candidates for office to file.

An act to require certain candidates for state elective office to file financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

AI Analysis – Experimental

Mandates annual disclosure from Michigan public officers of comprehensive financial information, including earned and unearned income, liabilities over $10,000, and details of certain assets and real property valued at $1,000 or more. It also requires disclosure of employment positions, sources of income, future employment agreements, gifts, and travel payments received from lobbyists, as well as any involvement with companies that are registered vendors with the state. The act aims to enhance transparency, establishing a baseline for financial disclosures and encouraging further voluntary disclosures. It specifies the creation of a financial disclosure form, sets penalties for non-compliance, and outlines the responsibilities of various governmental officers and entities.

Introduced in the Senate

Oct. 24, 2023

Introduced by Sen. Sam Singh (D-28) and seven co-sponsors

Co-sponsored by Sens. Aric Nesbitt (R-20), Winnie Brinks (D-29), Mark Huizenga (R-30), Jeremy Moss (D-7), Ed McBroom (R-38), Kristen McDonald Rivet (D-35) and Mary Cavanagh (D-6)

Referred to the Committee on Oversight

Oct. 31, 2023

Reported with substitute S-2

Nov. 1, 2023

Referred to the Committee of the Whole

Reported with substitute S-3

1. Amend page 4, line 14, after “employer” by inserting “or employers”.

Substitute S-3 concurred in by voice vote

Passed in the Senate 36 to 2 (details)

Received in the House

Nov. 1, 2023

Nov. 9, 2023

Amendment offered by Rep. Erin Byrnes (D-15)

1. Amend page 6, following line 18, by inserting:

“(l) Except as otherwise provided in this subdivision, a list of each asset and sources of unearned income, excluding a business asset, held for investment or production of income by the spouse of the candidate for office with a fair market value of $50,000.00 or more during the reporting period. The fair market value for the purpose of listing each asset, excluding a business asset, held for investment or production income under this subdivision must be adjusted for inflation every 4 years using the Detroit Consumer Price Index.

(m) Except as otherwise provided in this subdivision, a list of any stocks, bonds, or other forms of securities held by the spouse of the candidate for office, if the security has a fair market value of $50,000.00 or more. The fair market value for the purpose of listing stocks, bonds, or other forms of securities under this subdivision must be adjusted for inflation every 4 years using the Detroit Consumer Price Index. For purposes of this subdivision, the spouse of the candidate for office is not required to disclose a stock in a widely held investment fund, including, but not limited to, a mutual fund, regulated investment company, pension or deferred compensation plan, or other investment fund, if the fund is publicly traded or the assets of the fund are widely diversified.

(n) A list of any real property in which the spouse of the candidate for office holds an ownership or other financial interest. For purposes of this subdivision, the spouse of the candidate for office is required to include a real property asset in the report only if that real property has a fair market value of $50,000.00 or more during the reporting period. A public officer filing a report may exclude the street number of a parcel of real property held by the spouse of the candidate for office under this subdivision.”.

The amendment failed by voice vote

Amendment offered by Rep. Joey Andrews (D-38)

1. Amend page 4, line 13, after “office,” by striking out “and”.

2. Amend page 4, line 14, after “spouse” by inserting a comma and “and a description of any interest the spouse of the candidate for office has in a legal entity that conducts business in this state and the name of that legal entity”.

The amendment failed by voice vote

Amendment offered by Rep. Carrie Rheingans (D-47)

1. Amend page 2, following line 13, by inserting:

“(vii) Regent of the University of Michigan, member of the board of trustees of Michigan State University, or member of the board of governors of Wayne State University.”.

The amendment failed by voice vote

Amendment offered by Rep. Carrie Rheingans (D-47)

1. Amend page 2, following line 13, by inserting:

“(vii) State board of education.”.

The amendment failed by voice vote

Amendment offered by Rep. Carrie Rheingans (D-47)

1. Amend page 6, following line 18, by inserting:

“(l) A list of all gifts and travel payments received or made on behalf of the candidate for office from an individual, partnership, corporation, association, or other legal entity that have a value of $1,000.00 or more during the reporting period.”.

The amendment failed by voice vote

Amendment offered by Rep. Donavan McKinney (D-14)

1. Amend page 2, following line 14, by inserting:

“(d) “Dependent” means an individual claimed by the candidate for office or the spouse of the candidate for office as a dependent for federal income tax purposes.” and relettering the remaining subdivisions.

2. Amend page 6, following line 18, by inserting:

“(l) The following information regarding each dependent. For purposes of this subdivision, the candidate for office may refer to each dependent using the dependent’s first and last initial:

(i) The number of dependents that the candidate for office and the spouse of the candidate for office claim for federal income tax purposes.

(ii) The principal activity of each employer of each dependent if the dependent’s total earned income from the employer equals $50,000.00 or more during the reporting period.

(iii) A list of any real property in which the dependent holds an ownership or other financial interest. For purposes of this subparagraph, the dependent is required to include a real property asset in the report only if that real property has a fair market value of $50,000.00 or more during the reporting period. A candidate for office filing a report may exclude the street number of a parcel of real property held by the dependent under this subparagraph.

(iv) Except as otherwise provided in this subparagraph, a list of each asset and sources of unearned income, excluding a business asset, held for investment or production of income by each dependent with a fair market value of $50,000.00 or more during the reporting period. The fair market value for the purpose of listing each asset, excluding a business asset, held for investment or production income under this subparagraph must be adjusted for inflation every 4 years using the Detroit Consumer Price Index.

(v) Except as otherwise provided in this subparagraph, a list of any stocks, bonds, or other forms of securities held by each dependent if the security has a fair market value of $50,000.00 or more. The fair market value for the purpose of listing stocks, bonds, or other forms of securities under this subparagraph must be adjusted for inflation every 4 years using the Detroit Consumer Price Index. For purposes of this act, the dependent is not required to disclose a stock in a widely held investment fund, including, but not limited to, a mutual fund, regulated investment company, pension or deferred compensation plan, or other investment fund, if the fund is publicly traded or the assets of the fund are widely diversified.

(vi) A description of any interest each dependent had during the reporting period in a legal entity that conducts business in this state, including the name of the legal entity, if the interest has a book value of $50,000.00 or more.”.

The amendment failed by voice vote

Amendment offered by Rep. Sharon MacDonell (D-56)

1. Amend page 6, following line 18, by inserting:

“(l) A description of all contracts entered into, or in which the candidate for office or spouse of the candidate for office has an interest, with this state.”.

The amendment failed by voice vote

Amendment offered by Rep. Jason Morgan (D-23)

1. Amend page 15, line 1, after “than” by striking out “$2,000.00” and inserting “$10,000.00”.

The amendment failed by voice vote

Amendment offered by Rep. Erin Byrnes (D-15)

1. Amend page 15, line 8, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 374.

(b) Senate Bill No. 613.”.

The amendment failed by voice vote

Amendment offered by Rep. Phil Skaggs (D-80)

1. Amend page 4, line 12, after “(c)” by striking out “The” and inserting “Beginning January 1, 2028, the”.

2. Amend page 4, line 15, after “(d)” by striking out “Whether” and inserting “Beginning January 1, 2028, whether”.

3. Amend page 5, line 18, after “or” by inserting a comma and “beginning January 1, 2028,”.

The amendment failed by voice vote

Substitute H-2 offered by Rep. John Fitzgerald (D-83)

The substitute passed by voice vote

Amendment offered by Rep. Tom Kunse (R-100)

1. Amend page 5, line 2, after “period” by striking out the balance of the subdivision and inserting “and indicate whether the amount received from each source is less than $1,000.00, between $1,000.00 and $2,500.00, $2,500.00 and $5,000.00, $5,000.00 and $15,000.00, $15,000.00 and $50,000.00, $50,000.00 and $100,000.00, or $100,000.00 and $1,000,000.00, or $1,000,000.00 or more.”.

2. Amend page 5, line 6, after “income” by striking out “with a fair market value of $1,000.00 or more during the reporting period”.

3. Amend page 5, line 7, after “income” by striking out “that exceeds $200.00”.

4. Amend page 5, line 12, after “$1,000.00.” by inserting “Both of the following apply under this subdivision:

(i) For purposes of listing each asset, excluding a business asset, held for investment or production of income, the public officer shall indicate whether the fair market value of each asset is less than $1,000,00, between $1,000.00 and $2,500.00, $2,500.00 and $5,000.00, $5,000.00 and $15,000.00, $15,000.00 and $50,000.00, $50,000.00 and $100,000.00, or $100,000.00 and $1,000,000.00, or $1,000,000.00 or more.

(ii) For purposes of listing each source of unearned income, the public officer shall indicate whether the amount received from each source of unearned income is less than $1,000,00, between $1,000.00 and $2,500.00, $2,500.00 and $5,000.00, $5,000.00 and $15,000.00, $15,000.00 and $50,000.00, $50,000.00 and $100,000.00, or $100,000.00 and $1,000,000.00, or $1,000,000.00 or more.”.

The amendment failed by voice vote

Amendment offered by Rep. Bill Schuette (R-95)

1. Amend page 4, line 12, after “spouse” by inserting “and each immediate family member”.

2. Amend page 4, line 17, after “period.” By inserting “As used in this subsection, “immediate family member” means the public officer’s parent, stepparent, sibling, stepsibling, child, or stepchild.”.

The amendment failed by voice vote

Passed in the House 61 to 47 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Nov. 9, 2023

Substitute H-2 concurred in 36 to 2 (details)

Signed by Gov. Gretchen Whitmer

Dec. 8, 2023