SENATE BILL NO. 634

A bill to amend 1978 PA 472, entitled

"An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,"

by amending section 5 (MCL 4.415), as amended by 1986 PA 83.

the people of the state of michigan enact:

Sec. 5. (1) "Governmental body" means a state legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that may, under the state constitution, a statute, or a rule, exercise governmental or proprietary authority or perform a governmental or proprietary function, or a lessee of the body that performs an essential public purpose and function under the lease agreement.

(2) "Influencing" means promoting, supporting, affecting, modifying, opposing, or delaying by any means, including the providing of or use of information, statistics, studies, or analysis.

(3) "Legislative action" means introduction, sponsorship, support, opposition, consideration, debate, vote, passage, defeat, approval, veto, delay, or an official action by an official in the executive branch or an official in the legislative branch on a bill, resolution, amendment, nomination, appointment, report, or any matter pending or proposed in a legislative committee or either house of the legislature. Legislative action does not include the representation of a person who that has been subpoenaed to appear before the legislature or an agency of the legislature.

(4) (2) "Lobbying" means communicating directly with an official in the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative action. Lobbying does not include the providing provision of technical information by a person, other than a person as defined in subsection (5) lobbyist agent or an employee of a person as defined in subsection (5) when appearing before lobbyist agent, to an officially convened legislative committee or executive department hearing panel. As used in this subsection, "technical information" means empirically verifiable data provided by a person recognized as an expert in the subject area to which the information provided is related.

(3) "Influencing" means promoting, supporting, affecting, modifying, opposing or delaying by any means, including the providing of or use of information, statistics, studies, or analysis.

(5) (4) "Lobbyist" means any of the following:

(a) A person whose expenditures for lobbying are more than $1,000.00 in value in any 12-month period. For the purpose of this subdivision and subdivision (b), groups of 25 or more people shall not have their personal expenditures for food, travel, and beverage included if those expenditures are not reimbursed by a lobbyist or lobbyist agent.

(b) A person whose expenditures for lobbying are more than $250.00 in value in any 12-month period, if the amount is expended on lobbying a single public official.

(c) For the purpose of subdivisions (a) and (b), groups of 25 or more people shall not have their personal expenditures for food, travel, and beverage included, providing those expenditures are not reimbursed by a lobbyist or lobbyist agent.

(c) (d) The This state or a political subdivision which of this state that contracts for a lobbyist agent.

(6) (5) "Lobbyist agent" means a person who that receives compensation or reimbursement of actual expenses, or both, in a combined amount in excess of $250.00 in any 12-month period for lobbying.

(6) "Representative of the lobbyist" means any of the following:

(a) An employee of the lobbyist or lobbyist agent.

(b) For purposes of section 8(1)(b)(i) and 9(1)(b), a member of the lobbyist or employee of a member of the lobbyist, when the lobbyist is a membership organization or association, and when the lobbyist agent or an employee of the lobbyist or lobbyist agent is present during any part of the period during which the purchased food or beverage is consumed.

(c) A person who is reimbursed by the lobbyist or lobbyist agent for an expenditure, other than an expenditure for food or beverage, which was incurred for the purpose of lobbying.

(7) Lobbyist or lobbyist agent does not include any of the following:

(a) A publisher, owner, or working member of the press, radio, or television while disseminating news or editorial comment to the general public in the ordinary course of business.

(b) All state or local elected or appointed public officials of state or local government who are acting in the course or scope of the office for no compensation, other than that provided by law for the office, .not including any of the following:

(c) For the purposes of this act, subdivision (b) shall not include:

(i) Employees of public or private colleges, community colleges, junior colleges, or universities.

(ii) Employees of townships, villages, cities, counties, or school boards.

(iii) Employees of state executive departments.

(iv) Employees of the judicial branch of government.

(c) (d) A member of a lobbyist, if the lobbyist is a membership organization or association , and if the member of a the lobbyist does not separately qualify as a lobbyist. under subsection (4).

(8) "Mass mailing" means not less than 1,000 pieces of substantially similar material mailed within a 7-day period.

(9) "Official in the executive branch" means the any of the following, but does not include an individual serving in a clerical, non-policy-making, or nonadministrative capacity:

(a) The governor, lieutenant governor, secretary of state, or attorney general. ; or an

(b) An individual who is in the executive branch of state government and not under civil service. ; a

(c) A classified director, chief deputy director, or deputy director of a state department. This includes an

(d) An individual who is elected or appointed and has not yet taken, or an individual who is nominated for appointment to, any of the offices or agencies enumerated in this subsection. An official in the executive branch does not include a person serving in a clerical, nonpolicy-making, or nonadministrative capacity. In addition to all of the foregoing, an official in the executive branch includes all of the following:

(e) (a) In the executive office of the governor, the chief and deputy chief of staff, press secretary, director of job training, and director of personnel.

(f) (b) In the department of agriculture and rural development, the racing commissioner and a member of the commission of agriculture commission.and rural development.

(g) (c) In the department of civil rights, a member of the civil rights commission.

(h) (d) In the department of civil service, a member of the civil service commission.

(i) (e) In the department of commerce, the commissioner of financial institutions, labor and economic opportunity, all of the following:

(i) The executive director of the Michigan state housing development authority. ,

(ii) The director of the unemployment insurance agency.

(iii) The director of the Michigan occupational safety and health administration.

(iv) The director of the workers' disability compensation agency. and a

(v) A member of any of the liquor control commission, strategic fund board, following:

(A) The unemployment insurance appeals commission.

(B) The unemployment insurance agency.

(C) The Michigan state housing development authority. ,

(D) The Michigan travel commission. , or public service commission.

(E) The wage deviation board.

(F) The employment relations commission.

(G) The Michigan arts and culture council.

(j) (f) In the department of education, a member of the state board of education , higher education facilities commission, higher education facilities authority, higher education assistance authority, higher education student loan authority, or state tenure commission.

(k) (g) In the department of labor, the director of the bureau of workers' disability compensation, the director of the employment security commission, and licensing and regulatory affairs, a member of the state construction code commission, employment relations commission, employment security board of review, employment security commission, or wage deviation board.utility consumer participation board, Michigan public service commission, or liquor control commission.

(l) (h) In the department of licensing and regulation, the state insurance commissioner.and financial services, the director of the department of insurance and financial services.

(m) (i) In the department of technology, management and budget, the lottery commissioner, the director of the office of services to the aging, the director of the office of state employer , the chairperson of the crime victims compensation board, and a member of the council for the arts, state administrative board. , state building authority, toxic substance control commission, or utility consumer participation board.

(n) (j) In the department of natural resources, the supervisor of wells and a member of the air pollution control commission, natural resources commission, or water resources commission.environment, Great Lakes, and energy, the director of the department of environment, Great Lakes, and energy.

(k) In the department of public health, a member of the occupational health standards commission.

(o) (l) In the department of transportation, a member of the aeronautics commission and a state transportation commissioner.

(p) (m) In the department of treasury, a all of the following:

(i) The lottery commissioner.

(ii) A member of any of the hospital following:

(A) The Michigan finance authority. ,

(B) The Michigan investment advisory committee, or board.

(C) The state tax commission.

(D) The state building authority.

(q) In the department of health and human services, the director of the department of health and human services and the chairperson of the crime victim services commission.

(r) In the department of natural resources, the director of the department of natural resources and a member of the natural resources commission.

(s) In the Michigan department of lifelong education, advancement, and potential, the director of the Michigan department of lifelong education, advancement, and potential.

(10) "Official in the legislative branch" means a member of the legislature, the auditor general, the deputy auditor general, an employee of the Michigan consumer's council, the director of the Michigan legislative retirement system, or any other employee of the legislature other than an individual employed by the this state in a clerical or nonpolicy-making non-policy-making capacity.

(11) "Governmental body" means any state legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, which is empowered by state constitution, statute, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function, or a lessee thereof performing an essential public purpose and function under the lease agreement.

(11) "Representative of the lobbyist" means any of the following:

(a) An employee of the lobbyist or lobbyist agent.

(b) For purposes of sections 8(1)(b)(i) and 9(1)(b), a member of the lobbyist or employee of a member of the lobbyist, if the lobbyist is a membership organization or association and the member or employee of the member is present during any part of the period during which the purchased food or beverage is consumed.

(c) A person that is reimbursed by the lobbyist or lobbyist agent for an expenditure, other than an expenditure for food or beverage, that was incurred for the purpose of lobbying.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 631 of the 103rd Legislature is enacted into law.