SB 100

Act
No. 4
Public
Acts of 2025
Approved
by the Governor
May
14, 2025
Filed
with the Secretary of State
May
14, 2025
EFFECTIVE
DATE:� May 14, 2025
state of michigan
103rd Legislature
Regular session of 2025
Introduced by Senators McBroom, Singh and Moss
ENROLLED SENATE BILL No. 100
AN ACT to amend 2023 PA 282,
entitled �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,� by
amending sections 3, 5, 7, 11, 13, and 15 (MCL 169.303, 169.305, 169.307,
169.311, 169.313, and 169.315), and by adding section 6.
The People of the State of
Michigan enact:
Sec.
3. As used in this act:
(a) �Candidate� means that term as defined in section 3 of
the Michigan campaign finance act, 1976 PA 388, MCL 169.203.
(b) �Candidate for office� means a candidate for any of the
following offices who is subject to the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, whose
candidate committee received or expended more than $1,000.00 during the
election cycle, and who intends to appear on the ballot during the election
cycle:
(i) Governor.
(ii) Lieutenant governor.
(iii) Secretary of state.
(iv) Attorney general.
(v) State representative.
(vi) State senator.
(c) �Consumer Price Index� means the most comprehensive index
of consumer prices available for the Detroit-Warren-Dearborn area from the
Bureau of Labor Statistics of the United States Department of Labor.
(d) �Department� means the department of state.
(e) �Earned income� means salaries, wages, tips, bonuses,
commissions, or other compensation or earnings from employment earned during
the reporting period.
(f) �Form� means the financial disclosure form provided under
section 6 and published by the department in accordance with section 11.
(g) �Liabilities� means what a person owes to another person,
including, but not limited to, mortgages or other debts. For purposes of this
act, a debt does not include a revolving debt, an unsecured debt that is from a
financial institution or the federal government, or a debt owed by a business
entity.
(h) �Report� means the financial disclosure report required
under section 10 of article IV of the state constitution of 1963. The report
must be in the form provided under section 6.
(i) �Reporting period� means the preceding calendar year.
(j) �Spouse� means an individual who is
lawfully married to a candidate for office as described under 26 CFR
301.7701-18.
(k) �Unearned income� means income that is not earned from
employment, including, but not limited to, financial prize, unemployment
benefits, annuities, stock dividends, deferred compensation, pension, profit
sharing, or retirement income. Unearned income does not include inheritance
money or a familial gift.
Sec.
5. (1) Except as otherwise provided in this section, a candidate for office
shall file a financial disclosure report with the department by not later than
May 15 of each year in which there is an election involving a candidate for
office, or if the candidate for office files a statement of organization for
that candidate�s candidate committee after May 15 in order to be nominated by a
political party at the political party�s nominating convention, the report
required to be filed under this subsection must be filed no later than 15 days
after that candidate files the statement of organization for that candidate�s
candidate committee.
(2) If a candidate for office who is required to file a
report under this act receives notice from the secretary of state under section
13(1)(h), the candidate for office shall, not later than 9 business days after
receiving the notice, file corrections to the errors or omissions or file the
report, as applicable.
(3) A candidate for office shall file the financial
disclosure report for the reporting period of January 1, 2024 to December 31,
2024 not later than June 13, 2025.
(4) If a candidate for office is not elected, that candidate
for office is not required to file the report required under this section for
any year after the year in which the candidate for office
ran for that public office unless that candidate runs again as a candidate for
office.
(5) If a candidate for office is required to report under the
public officers financial disclosure act, 2023 PA 281, MCL 15.701 to 15.715,
the candidate for office is not required to file a report under this act.
Sec.
6. A financial disclosure report must be in the following form:
Basic
Identifying Information
1.
Full name:_________________________________________________
2.
Mailing address:___________________________________________
3.
Telephone number:_____________________________________
4.
Email address:_____________________________________________
5.
Are you filing as a public officer or a candidate?__________
(If
you were both a public officer and a candidate during the reporting period,
file as a public officer.)
Spousal
Information
6.
Were you married during the reporting period?
(yes/no)
________________
7.
Spouse�s name:_____________________________________________
8.
Was your spouse a registered lobbyist in the State of Michigan during the
reporting period? _______________
9.
For any employer that paid your spouse more than $1,000 in annual income during
the reporting period, list the name of the employer(s) and the occupation(s)
held:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Employment
& Income
10.
List the name and address of each employer that paid you more than $1,000 and
the positions held in the reporting period:
______________________________________________________________
______________________________________________________________
______________________________________________________________
11.
Did you receive unearned income over $200 in the reporting period (e.g.,
financial prize, unemployment benefits, annuities, stock dividends, deferred
compensation, pension, profit sharing, retirement income)? If yes, list the
sources of unearned income, including the origins and addresses of the sources
of unearned income:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Organizational
Roles
12.
List all positions you held in any organization, corporation, firm,
partnership, or other business enterprise, nonprofit organization, labor
organization, or educational or other institution other than this state during
the reporting period (e.g., officer, director, trustee, partner, proprietor,
representative, employee, or consultant). If applicable, for each, please
provide the name of the organization and the position held:
(You
do not need to include positions in any: religious, social, fraternal, or
political entity, or any position solely honorary in nature.)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Assets
13.
List any real property in which you held an ownership interest during the
reporting period:
(Include
only real property valued over $1,000; you may choose to exclude the street
number, if applicable.)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
14.
List any securities or investments (stocks, bonds, mutual funds, etc.) you held
or held jointly with your spouse with a fair market value over $1,000 during
the reporting period, including the origins and addresses of the securities or
investments:
(You
are not required to disclose a stock within a widely held investment fund if
neither you nor your spouse exercise control over the financial interests held
by the fund and the fund is publicly traded or the assets of the fund are
widely diversified.)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
15.
List any other assets, other than business assets, held for the production of
income, or for investment purposes, exceeding $1,000 in value that you owned
during the reporting period:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Liabilities
16.
List any liabilities over $10,000 you (solely or jointly) owed at any point
during the reporting period (e.g., mortgages, loans, credit lines):
(You
may exclude: any unsecured debt from a financial institution or the federal
government, any revolving debt, or a business debt.)
______________________________________________________________
______________________________________________________________
______________________________________________________________
Employment
Agreements
17.
List any agreements or arrangements made or in effect during the reporting
period with respect to the following:
(a)
Any future employment that would commence after you leave office.
(b)
A leave of absence from any former or current employer taken while serving as a
public officer.
(c)
A continuation or deferral of payments by a former or current employer other
than this state to you, or your continuing participation in an employee welfare
or benefit plan maintained by a former employer.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
State
Contracts
18.
Do you or your spouse hold a majority financial interest in any current or
prospective contracts with the State of Michigan? If yes, provide the name of
the company and a description of all contracts:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Additional
disclosures
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Certification
�I
certify that the statements I have made on this financial disclosure form are
true, complete, and correct to the best of my knowledge and belief, and that I
have not moved assets during the reporting period for the purpose of avoiding
disclosure under the candidate for office financial disclosure act.�
Signed:
______________________________________________________
Sec.
7. (1) A report required under section 5 must include a complete statement of
all of the following:
(a) The full name, mailing address, telephone number, and
email address of the candidate for office.
(b) The name and address of the employer or employers of the
candidate for office and the positions held during the reporting period, if the
candidate for office receives $1,000.00 or more in annual income from each
position.
(c) The name of the spouse of the candidate for office and,
if the spouse receives $1,000.00 or more in annual income, the occupation of
the spouse of the candidate for office and the name of the employer or
employers of the candidate for office�s spouse.
(d) Whether the spouse of the candidate for office was
registered as a lobbyist or lobbyist agent under 1978 PA 472, MCL
4.411 to 4.431, during the reporting period.
(e) A list of all positions currently held as an officer,
director, trustee, partner, proprietor, representative, employee, or consultant
of any organization, corporation, firm, partnership, or other business
enterprise, nonprofit organization, labor organization, or educational or other
institution other than this state. If this subdivision applies, the candidate
for office shall include the name of the organization. For purposes of this
subdivision, positions held in any religious, social, fraternal, or political
entity, or positions that are solely of an honorary nature, are excluded.
(f) The source of earned income received during the reporting
period by the candidate for office. For purposes of this subdivision, the candidate for office must disclose
each source of income received during the reporting period that is $1,000.00 or
more.
(g) Except as otherwise provided in this subdivision, a list
of each asset, excluding a business asset, held for investment or production of
income with a fair market value of $1,000.00 or more during the reporting
period and any sources of unearned income that exceed $200.00 during the
reporting period, including the origins and addresses of the sources of
unearned income. The fair market value for the purpose of listing each asset,
excluding a business asset, held for investment or production of income under
this subdivision must be adjusted for inflation every 4 years using the
Consumer Price Index, and rounded up to the nearest $1,000.00.
(h) A list of all liabilities that exceed $10,000.00 owed by
the candidate for office to a creditor at any time during the reporting period.
(i) Except as otherwise provided in this subdivision, a list
of any stocks, bonds, or other forms of securities held by the candidate for
office or held jointly with the spouse of the candidate for office during the
reporting period, including the origin and address of the security, if the
security has a total aggregate fair market value of $1,000.00 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 Consumer Price Index, and rounded up to the nearest $1,000.00. For
purposes of this act, a candidate for office is not
required to disclose a stock within 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 both of the following
apply:
(i) Either the fund is publicly traded or
the assets of the fund are widely diversified.
(ii) The candidate for office or the
candidate for office�s spouse does not exercise control over or have the
ability to exercise control over the financial interests held by the fund.
(j) A list of any real property in which the candidate for
office holds an ownership or other financial interest. For purposes of this
subdivision, the candidate for office is required to include a real property in
the report only if that real property has a fair market value of $1,000.00 or
more during the reporting period. A candidate for office filing a report may
exclude the street number of a parcel of real property under this subdivision.
(k) The date of, identity of parties to, and general terms of
any agreements or arrangements made or in effect during the reporting period
with respect to the following:
(i) Any future employment that would
commence after the candidate for office leaves office.
(ii) A leave of absence from any former or
current employer taken while a candidate for office.
(iii) A continuation or deferral of payments
by a former or current employer other than this state to the candidate for
office, or the candidate for office�s continuing participation in an employee
welfare or benefit plan maintained by a former employer.
(l) If applicable, a statement indicating
that the candidate for office or the spouse of the candidate for office is a
registered vendor with this state, has a majority interest in a company that is
a registered vendor with this state, or is employed by a company that is a
registered vendor with this state. If the candidate for office or the spouse of
the candidate for office is a registered vendor with this state or has a
majority interest in a company that is a registered
vendor with this state, the candidate for office shall include the name of the
company and a description of all contracts entered into with this state by the
candidate for office, public spouse of the candidate for office, or company in
which the candidate for office or spouse of the candidate for office has a
majority interest during the reporting period. If the candidate for office or
spouse of the candidate for office is employed by a company that is a
registered vendor with this state, the candidate for office shall include the
name of the company and a description of all contracts entered into with this
state that the candidate for office or the spouse of the candidate for office
worked on directly during the reporting period.
(2) A candidate for office is not required to disclose the
value of any disclosure under subsection (1).
(3) A report required under section 5 must include the
following certification: �I certify that the statements I have made on
this financial disclosure form are true, complete, and correct to the best of
my knowledge and belief, and that I have not moved assets during the reporting
period for the purpose of avoiding disclosure under the candidate for office
financial disclosure act.�.
Sec.
11. (1) Except as otherwise provided in subsection (2), the department shall,
not less than 30 days before a report is due each year, make the most current
version of the financial disclosure report form created under section 6 easily accessible on its website.
(2) For the financial disclosure report due on June 13, 2025,
the department shall make the financial disclosure report form provided under
section 6 easily accessible on its website not later than May 31, 2025.
Sec.
13. (1) The secretary of state shall do all of the following:
(a) Make available through the secretary of state�s offices
appropriate forms, instructions, and manuals required under this act.
(b) Create and operate an electronic, internet-accessible
system to receive statements and reports required under this act to be filed
with the secretary of state.
(c) Accept statements and reports required by this act to be
filed with the secretary of state that are filed via email as an acceptable
alternative to the electronic filing system created under subdivision (b). This
subdivision applies retroactively to statements and reports filed by email for
the reporting period of January 1, 2023 to December 31, 2023.
(d) Publish the financial disclosure report form described in
section 6, and create the instructions and manuals required under this act.
(e) Issue declaratory rulings to implement this act under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(f) On receiving a written request and the required filing,
waive payment of a late filing fee if the request for the waiver is based on
good cause and accompanied by adequate documentation. One or more of the
following reasons constitute good cause for a late filing fee waiver:
(i) The incapacitating physical illness,
hospitalization, accident involvement, death, or incapacitation for medical
reasons of a candidate for office or an individual whose participation is
essential to the preparation of the report.
(ii) Other unique, unintentional factors
beyond the control of the candidate for office that are not the result of a
negligent act or nonaction so that a reasonably prudent person would excuse the
filing on a temporary basis. These factors include
the loss or unavailability of records because of a fire, flood, theft, or
similar reason and difficulties related to the transmission of the filing to
the secretary of state, such as exceptionally bad weather.
(g) As soon as practicable, but not later than 5 business
days after a report required to be filed under this act is received, make the
report or all of the contents of the report available without charge to the
public on a separate webpage or its website homepage.
(h) Not later than 9 business days after the deadline for
filing a report under this act, notify, by registered mail or email, an
individual of any error or omission in the individual�s report or that the
individual failed to file the required report.
(2) The secretary of state shall issue a declaratory ruling
under this section only if the person requesting the ruling has provided a
reasonably complete statement of facts necessary for the ruling or if the
person requesting the ruling has, with the permission of the secretary of
state, supplied supplemental facts necessary for the ruling. Not later than 2
business days after receiving a request for a declaratory ruling, the secretary
of state shall make the request available in the manner provided for under
subsection (1)(g). An interested person may submit written comments regarding
the request to the secretary of state not later than 10 business days after the
date the request is made available to the public. Not later than 45 business
days after receiving a declaratory ruling request, the secretary of state shall
make a proposed response available in the manner
provided for under subsection (1)(g). An interested person may submit written
comments regarding the proposed response to the secretary of state not later
than 5 business days after the date the proposal is made available to the
public. Except as otherwise provided in this section, the secretary of state
shall issue a declaratory ruling not later than 60 business days after
receiving a request for a declaratory ruling. The secretary of state may refuse
to issue a declaratory ruling or an interpretive statement under this act if
the request is anonymous, the secretary of state determines that the subject
matter of the request is frivolous on its face, or the request is indefinite or
lacks specificity. If the secretary of state refuses to issue a declaratory
ruling, the secretary of state shall notify the person making the request of
the reasons for the refusal and issue an interpretive statement providing an
informational response to the question presented within the 60-day period. A
declaratory ruling or interpretive statement issued under this section must not
state a general rule of law, other than that which is stated in this act, or
under judicial order.
(3) Under extenuating circumstances, the secretary of state
may issue a notice extending, for not more than 30 business days, the period
during which the secretary of state shall respond to a request for a
declaratory ruling. The secretary of state shall not issue more than 1 notice
of extension for a particular request. A person requesting a declaratory ruling
may waive, in writing, the time limitations provided by this section.
(4) The secretary of state shall make available to the public
an annual summary of the declaratory rulings and interpretive statements issued
by the secretary of state under this section.
(5) A person may file with the secretary
of state a complaint that alleges a violation of this act. Not later than 5
business days after a complaint that meets the requirements of subsection (6)
is filed, the secretary of state shall mail notice to the person against whom
the complaint is filed. The notice must include a copy of the complaint. Not
later than 15 business days after the notice is mailed, the person against whom
the complaint was filed may submit a response to the secretary of state. The secretary
of state may extend the period for submitting a response an additional 15
business days for good cause. The secretary of state shall mail a copy of a
response received to the complainant. Not later than 10 business days after the
response is mailed, the complainant may submit a rebuttal statement to the
secretary of state. The secretary of state may extend the period for submitting
a rebuttal statement an additional 10 business days for good cause. The
secretary of state shall provide a copy of the rebuttal statement to the person
against whom the complaint was filed. If, on review of the complaint, the
secretary of state determines that the complaint is frivolous, illegible,
indefinite, or unsigned, or does not identify an alleged violator, allege a violation
of the act, or contain a verification statement, the secretary of state may
summarily dismiss the complaint without prejudice. If a complaint is summarily
dismissed, the complainant must be notified in writing as to the reason the
complaint was dismissed. The secretary of state may consolidate similar
complaints.
(6) A complaint filed under subsection (5) must satisfy all
of the following requirements:
(a) Be signed by the complainant.
(b) State the name, address, and telephone
number of the complainant.
(c) Include the complainant�s certification that, to the best
of the complainant�s knowledge, information, and belief, formed after a
reasonable inquiry under the circumstances, each factual contention of the
complaint is supported by evidence. However, if, after a reasonable inquiry
under the circumstances, the complainant is unable to certify that certain
factual contentions are supported by evidence, the complainant may certify
that, to the best of the complainant�s knowledge, information, or belief, there
are grounds to conclude that those specifically identified factual contentions
are likely to be supported by evidence after a reasonable opportunity for
further inquiry.
(7) A person shall not file a complaint with a false
certificate under subsection (6)(c). A person may file a complaint under
subsection (5) alleging that another person has filed a complaint with a false
certificate under subsection (6)(c).
(8) The secretary of state shall investigate allegations
brought under this act. If an allegation involves the secretary of state, or
the secretary of state�s spouse, the secretary of state shall refer the matter
to the attorney general to determine whether a violation of this act occurred.
(9) Not later than 45 business days after receiving a
rebuttal statement submitted under subsection (5) or, if no response or
rebuttal is received under subsection (5), 45 business days after receiving a
complaint under subsection (5), the secretary of state shall post on the
secretary of state�s website whether there may be reason to believe that a
violation of this act occurred. If the secretary of state determines whether
there may be reason to believe that a violation of
this act occurred or determines to terminate its proceedings, the secretary of
state shall, not later than 30 days after that determination, post on the
secretary of state�s website any complaint, response, or rebuttal statement
received under subsection (5) regarding that violation or alleged violation and
any correspondence that is dispositive of that violation or alleged violation
between the secretary of state and the complainant or the person against whom
the complaint was filed. If the secretary of state determines there may be
reason to believe that a violation of this act occurred, the secretary of state
shall endeavor to correct the violation or prevent a further violation by using
informal methods such as a conference, conciliation, or persuasion, and may
enter into a conciliation agreement with the person involved. Unless violated,
a conciliation agreement is a complete bar to any further civil action with
respect to matters covered in the conciliation agreement. The secretary of
state shall, not later than 30 days after a conciliation agreement is signed,
post that agreement on the department�s website. If, after 90 business days,
the secretary of state is unable to correct or prevent further violation by
these informal methods, the secretary of state may commence a hearing as
provided in subsection (10) for enforcement of this act.
(10) The secretary of state may commence a hearing to
determine whether a violation of this act occurred. The hearing must be
conducted in accordance with chapter 4 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.271 to 24.288.
(11) A final decision or order issued by the secretary of
state under this act is subject to judicial review as provided under chapter 6 of the administrative procedures act
of 1969, 1969 PA 306, MCL 24.301 to 24.306. The secretary of state shall
deposit a civil fine imposed under this act in the general fund. The secretary
of state may bring an action in circuit court to recover the amount of a civil
fine.
(12) The secretary of state shall review a report or
statement filed under this act and may investigate an apparent violation of
this act. If the secretary of state determines that there may be reason to
believe a violation of this act occurred and the procedures prescribed in
subsection (9) have been complied with, the secretary of state may commence a
hearing under subsection (10) to determine whether a violation of this act
occurred.
(13) There is no private right of action, either in law or in
equity, under this act. The remedies provided in this act are the exclusive
means by which this act may be enforced and by which any harm resulting from a
violation of this act may be redressed.
(14) The secretary of state shall preserve a report filed
under this act for 15 years after the date the report is filed. If the
secretary of state or attorney general determines under this section that a
violation of this act occurred, the secretary of state shall preserve all
complaints, orders, decisions, or other documents related to that violation for
15 years after the date of the determination or the date the violation is
corrected, whichever is later. Reports filed under this act may be reproduced under
the records reproduction act, 1992 PA 116, MCL 24.401 to 24.406. After the required preservation period, the reports, or the
reproductions of the reports, may be disposed of in the manner prescribed in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, and section
11 of the Michigan history center act, 2016 PA 470, MCL 399.811.
Sec.
15. (1) An individual who fails to file a report as required under this act
shall pay a late filing fee of $25.00 for each business day after the first 10
business days that the report remains unfiled. The fee imposed under this
subsection must not exceed $1,000.00.
(2) A late filing fee collected under this act must be
deposited into the general fund.
(3) An individual who knowingly files an incomplete or
inaccurate report in violation of this act may be ordered to pay a civil fine
of not more than $2,000.00.
(4) A late filing fee assessed or civil fine imposed under
this act that remains unpaid for more than 180 days must be referred to the
department of treasury for collection.
(5) The amount of a late filing fee assessed or civil fine
imposed under this act must be adjusted for inflation every 4 years using the
Consumer Price Index.
This
act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of
Representatives
Approved___________________________________________
____________________________________________________
Governor