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).




     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




     (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.