Legislative Analysis
Phone: (517) 373-8080
PUBLIC OFFICER AND CANDIDATE
http://www.house.mi.gov/hfa
FINANCIAL DISCLOSURE ACTS
Analysis available at
Senate Bill 613 (S-2) as passed by the Senate http://www.legislature.mi.gov
Sponsor: Sen. Jeremy Moss
Senate Bill 614 (S-3) as passed by the Senate
Sponsor: Sen. Sam Singh
Senate Bill 615 as passed by the Senate Senate Bill 616 as passed by the Senate
Sponsor: Sen. Mark E. Huizenga Sponsor: Sen. Edward W. McBroom
House Committee: [Placed on second reading]
Senate Committee: Oversight
Complete to 11-4-23
SUMMARY:
Senate Bill 613 would create a new act, the Public Officers Financial Disclosure Act, to require
the governor, the lieutenant governor, the attorney general, the secretary of state, state
representatives, and state senators to file annual financial disclosure reports.
Senate Bill 614 would create a new act, the Candidate for Office Financial Disclosure Act, to
require candidates for governor, lieutenant governor, attorney general, secretary of state, state
representative, and state senator to file annual financial disclosure reports if their candidate
committee received or spent more than $1,000 during the election cycle.
Senate Bills 613 and 614 are largely identical. Of note, Senate Bill 614 does not have disclosure
provisions concerning lobbyists and blind trusts that are in Senate Bill 613. The bills’
disclosure requirements are described separately below, but procedures for how the forms are
processed are described only once.
Senate Bills 615 and 616 would amend the Michigan Campaign Finance Act to allow a
candidate committee to pay a late filing fee the candidate is required to pay under either Senate
Bill 613 or 614.
Senate Bill 613 would create the Public Officers Financial Disclosure Act to require the
governor, the lieutenant governor, the attorney general, the secretary of state, state
representatives, and state senators to file annual financial disclosure reports. The term public
officer is used in the bill to refer to those officeholders.
Financial disclosure report
By April 15, 2024, and by May 15 of every following year, each public officer would have to
file an annual financial disclosure report with the secretary of state. (This would not apply if
the individual was a public officer on January 1 only.)
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 The report would have to include a complete statement of the following:
• The public officer’s full name, mailing address, phone number, and email address.
• The name and address of the public officer’s employer and each position held during
the previous calendar year that the public officer received $1,000 or more in income
from.
• The name of the public officer’s spouse, 1 their occupation, and their employer’s name
(or employers’ names).
• Whether the public officer’s spouse was registered as a lobbyist or lobbyist agent under
1978 PA 472, known as the lobbyist registration act.
• A list of all positions the public officer currently holds 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 the state of Michigan,
along with the organization’s name. Positions held in a religious, social, fraternal, or
political entity, or positions solely of an honorary nature, would be excluded from these
requirements.
• The source of earned income 2 of $1,000 or more the public officer received during the
previous calendar year
• A list of each asset, except for business assets, with a fair market value of $1,000 or
more 3 held for investment or production of income during the previous calendar year.
• Any sources of unearned income 4 of more than $200 during the previous calendar year.
• A list of all liabilities5 of more than $10,000 owed by the public officer to a creditor at
any time during the previous calendar year.
• A list of any stocks, bonds, or other forms of securities with a total aggregate fair
market value of $1,000 or more 6 that were held by the public officer or jointly with
their spouse during the previous calendar year. However, a public officer would not
have to disclose a stock in a widely held investment fund, such as a mutual fund,
regulated investment company, pension or deferred compensation plan, or other
investment fund, if the fund is publicly traded or its assets are widely diversified and
the public officer or their spouse does not exercise control over the financial interests
held by the fund or have the ability to do so. In addition, a public officer would not
have to report an item if it represents the exclusive financial interest and responsibility
of their spouse about which they do not have control; it is not in any way derived from
the income, assets, or activities of the public officer; and the public officer does not
derive, or expect to derive, financial benefit from it.
• A list of any real property the public officer holds an ownership or other financial
interest in, if that real property had a fair market value of $1,000 or more during the
1
This would not include individuals in a registered domestic partnership, civil union, or similar relationship not called
a marriage in the state where entered into.
2
Salaries, wages, tips, bonuses, commissions, or other compensation or earnings from employment.
3
This threshold amount for reporting would have to be adjusted for inflation every four years using the Detroit
Consumer Price Index and then rounded upward to the next $1,000 increment.
4
Income not from employment, such as a financial prize, unemployment benefits, annuities, stock dividends, pension,
profit sharing, deferred compensation, or retirement income. It would not include inheritance money or a familial gift.
5
What a person owes, such as mortgages or other debts. However, “debts” would not include a revolving debt, an
unsecured debt from a financial institution or the federal government, or a debt owed by a business entity.
6
This threshold amount for reporting would have to be adjusted for inflation every four years using the Detroit
Consumer Price Index and then rounded upward to the next $1,000 increment.
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 previous calendar year. The public officer would not have to include the street number
of a parcel of real property. In addition, a public officer would not have to report an
item if it represents the exclusive financial interest and responsibility of their spouse
about which they do not have control; it is not in any way derived from the income,
assets, or activities of the public officer; and the public officer does not derive, or
expect to derive, financial benefit from it.
• The general terms of any agreements or arrangements regarding future employment, a
leave of absence while serving as a public officer, continuation or deferral of payments
by a former or current employer other than the state, or continuing participation in an
employee welfare or benefit plan maintained by a former employer, including the date
of the agreement or arrangement and the identity of parties to it. A public officer who
is not reelected or seeking reelection would, within 10 days after entering into an
agreement described above, have to report to the Department of State the date of, the
identity of the parties to, and the general terms of any agreement or arrangement with
respect to future employment that the public officer is to begin within one year after
the end of the public officer’s term of office.
• A list of all gifts received and reported by a lobbyist or lobbyist agent under state law.7
• A list of all travel payments 8 received and reported by a lobbyist or lobbyist agent
under state law.
• A list of each payment made by a lobbyist or lobbyist agent to a charity instead of
paying the public officer an honorarium. 9
The provisions described above related to lobbyists and lobbyist agents would apply
only to lobbyists and lobbyist agents registered under the lobbyist registration act. As
defined in that act, lobbyist means any of the following:
• A person whose expenditures for lobbying exceed $2,900 in value in any 12-
month period.
• A person whose expenditures for lobbying exceed $725 in value in any 12-
month period, if the amount is spent on lobbying a single public official.
• For purposes of the above provisions, groups of 25 or more people must not
have their personal expenditures for food, travel, and beverage included, as
long as those expenditures are not reimbursed by a lobbyist or lobbyist agent.
• The state or a political subdivision that contracts for a lobbyist agent.
7
Although this language is from the state constitution (see Background, below), it is unclear how this provision
would be applied as law. Lobbyists and lobbyist agents are prohibited from providing gifts to public officials. The bill
specifies that “gift” would have the meaning given in the Campaign Finance Act, rather than the lobbyist registration
act, which defines “gift,” and specifies exceptions, for purposes of that prohibition. That act requires reporting of
financial transactions of $1,450 or more between a lobbyist or lobbyist agent and a public official, their immediate
family member, or a business they are associated with. The bill presumably means “gifts received from and reported
by a lobbyist,” rather than “received and reported by a lobbyist.” Monetary thresholds for lobbyists are adjusted
annually for inflation. https://www.michigan.gov/sos/elections/disclosure/lobby and https://www.michigan.gov/sos/-
/media/Project/Websites/sos/Lobby-Memos/2023_LobbyThresholds_508882_7.pdf
8
Under the lobbyist registration act, travel and lodging paid for or reimbursed to a public official, in connection with
public business, in excess of $950 must be reported.
9
An honorarium would mean a payment of money to a public officer in return for an appearance, speech, article, or
activity related to the performance of duties as a public officer. An honorarium would not include an award;
reimbursement for the cost of transportation, accommodations, or meals; or wages, salaries, other employee
compensation, or expenses paid by the state or a political subdivision to the public officer.
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 As defined in the lobbyist registration act, lobbyist agent means a person who receives
compensation or reimbursement of actual expenses, or both, in a combined amount in
excess of $725 in any 12-month period for lobbying.
As defined in the lobbyist registration act, lobbying means communicating directly
with an official in the executive or legislative branch of state government to influence
legislative or administrative action. It does not include the provision of technical
information by a person other than a lobbyist agent or their employee when appearing
before an officially convened legislative committee or executive hearing panel.
Exclusions
A public officer would not have to disclose the value of any property or real property disclosed
in the report.
A public officer who holds a beneficial 10 interest in a blind trust 11 would not have to include
the interests or assets of the blind trust in the report. However, the public officer would have
to indicate that they hold a beneficial interest in a blind trust.
A public officer could omit any of the following from the report:
• Information required to be reported under the Michigan Campaign Finance Act.
• An item concerning a spouse who is living separate and apart from the public officer
with the intention of terminating the marriage or maintaining a legal separation.
• An item concerning income of the public officer arising from the dissolution of their
marriage or a permanent legal separation from their spouse.
Certification
The report would have to 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 Public Officers Financial Disclosure Act.”
Duties of the secretary of state
The secretary of state would have to do all of the following:
• Within 30 days after the bill takes effect, create a standard financial disclosure form
for a public officer to use in filing the required financial disclosure report.
• By March 15, 2024, make the form easily accessible on the secretary of state website.
• Make appropriate forms, instructions, and manuals available through the secretary of
state’s offices.
• Create and operate an electronic, internet-accessible system to receive all statements
and reports required to be filed under the bill.
• Create all forms, instructions, and manuals required under the bill.
• Issue declaratory rulings to implement the bill.
10
This would include the interest in a trust of a qualified trust beneficiary or trust beneficiary as defined in section
7103 of the Estates and Protected Individuals Code. http://legislature.mi.gov/doc.aspx?mcl-700-7103
11
A qualified blind trust or qualified diversified trust as defined in 5 CFR 2634.402: https://www.ecfr.gov/on/2023-
10-26/title-5/chapter-XVI/subchapter-B/part-2634/subpart-D/section-2634.402
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 • Waive payment of a late filing fee upon receiving a written request and the required
filing, as long as the request for the waiver is based on good cause 12 and accompanied
by adequate documentation.
• Make a report or all of its contents publicly available for free on the secretary of state’s
website homepage or a separate webpage no later than five business days after the
report is received.
• Within nine business days after the filing deadline, notify a public officer, by email or
registered mail, that they failed to file the required report or of any error or omission
in their report. The public officer would have nine business days after receiving the
notification to file the report or file corrections, as applicable.
Complaints
The secretary of state would have to investigate allegations brought under the provisions of the
bill. If an allegation involves the secretary of state or their spouse, the secretary of state would
have to refer the matter to the attorney general.
A person could file with the secretary of state a complaint that alleges a violation of the bill. A
complaint would have to meet all of the following:
• Be signed by the complainant.
• Provide the complainant’s name, address, and phone number.
• Include the complainant’s certification that, to the best of their 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 could certify that, to the best
of their 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. (A person could not file a complaint with
a false certification. Doing so could be the basis for a complaint.)
The secretary of state could summarily dismiss a complaint without prejudice if, upon review,
the secretary of state determines that any of the following apply:
• The complaint is frivolous, illegible, indefinite, or unsigned.
• The complaint does not allege a violation of the bill or identify an alleged violator.
• The complaint does not contain a verification statement (