Bill Text: MI HB4431 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Legislature; committees; authority to subpoena records and files; expand to include access to local public bodies. Amends sec. 1 of 1952 PA 46 (MCL 4.541).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-30 - Referred To Committee On Government Operations [HB4431 Detail]
Download: Michigan-2017-HB4431-Engrossed.html
HB-4431, As Passed House, May 24, 2017
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.
