HOUSE BILL No. 4431

 

 

March 29, 2017, Introduced by Rep. Graves and referred to the Committee on Oversight.

 

     A bill to amend 1952 PA 46, entitled

 

"An act to provide for the inspection by committees of the

legislature of the records and files of state departments, boards,

institutions and agencies,"

 

by amending section 1 (MCL 4.541).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) Notwithstanding any other provision of law to the

 

contrary, any standing or select committee of the senate or the

 

house of representatives, and any joint select committee of the

 

senate and house of representatives, shall be authorized to the

 

committee authorized by each house of the legislature to receive

 

and review auditor general reports may subpoena and have produced

 

before any such that committee , or inspect the records and files

 

of any state department, board, institution, or agency ; and it

 

shall be the duty of any or any department, board, institution, or

 

agency of a local unit of government, upon an affirmative and

 


informed vote of a majority of the members of that committee, with

 

not less than 1 of the affirmative votes coming from a member of a

 

minority party.

 

     (2) The state or local department, board, institution, or

 

agency to shall produce the records and files before the committee

 

as required by the subpoena, or permit the members of any such that

 

committee to inspect its the records and files, as required by the

 

subpoena. Such records and files shall be subpoenaed, examined or

 

used only in connection with the jurisdiction and purposes for

 

which the committee was created.Any person who fails to produce or

 

make available any records or files that have been subpoenaed under

 

this section may be punished for contempt of the legislature.

 

     (3) Service of a subpoena authorized by this section shall be

 

made at least 7 days before the date fixed in the subpoena for

 

production of records unless a shorter period is authorized by a

 

majority vote of all the members of the committee, with not less

 

than 1 of the affirmative votes coming from a member of a minority

 

party.

 

     (4) Providing records and files to a committee under this

 

section does not constitute public disclosure of the records or

 

files. In the course of inspecting and using any records or files

 

provided under this section, the committee shall not disregard the

 

confidential nature of any particular records or files and may meet

 

in a closed session pursuant to section 8(h) of the open meetings

 

act, 1976 PA 267, MCL 15.268. In a closed session, only the members

 

and clerk of the committee, legal counsel for minority and majority

 

parties, and persons necessary for the production of any record or


file may be present.

 

     (5) As used in this section:

 

     (a) "Informed vote" means a vote that occurs after the advice

 

of legal counsel is received and at least 72 hours after the

 

committee clerk and legal counsel for the minority and majority

 

parties receive written notification by the committee chair that he

 

or she intends to act under this section.

 

     (b) "Local unit of government" means a county, city, village,

 

township, school district, intermediate school district, community

 

college district, or local authority.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.