SB-0340, As Passed Senate, September 15, 2009

SUBSTITUTE FOR

SENATE BILL NO. 340

     A bill to amend 1984 PA 270, entitled

"Michigan strategic fund act,"

(MCL 125.2001 to 125.2094) by adding sections 79e, 79f, and 79g.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 79e. (1) All departments, agencies, boards, committees,

commissions, or officers of this state or any political subdivision

of this state, so far as is compatible with their duties, shall

give the office any assistance requested by the office in the

performance of the office's duties. All departments, agencies,

boards, committees, commissions, or officers of this state or any

political subdivision of this state shall provide the office free

access to agency personnel and any book, record, or document in

their custody, relating to investigation of a complaint by the

office, other than information described in section 13 of the

freedom of information act, 1976 PA 442, MCL 15.243.

     (2) A person shall not interfere with, prevent, or prohibit

the ombudsman from carrying out his or her powers or duties under

this chapter.

     (3) A state department or agency shall not discriminate

against a person because a complaint against the department or

agency has been or may be filed with the office by or on behalf of

the person.

     (4) The office may bring an action in the circuit court for

Ingham county to enforce this chapter as it relates to the office.

     Sec. 79f. (1) If, after investigation, the ombudsman is of the

opinion that a department or agency should consider the matter

further; alter a regulation, practice, or ruling; explain more

fully the action in question; rectify an omission; or take any

other action, the ombudsman shall state any conclusions,

recommendations, and reasons for those conclusions or

recommendations to the department or agency involved. At the

ombudsman's request, the department or agency shall, within the

time specified, inform the ombudsman about the action taken on

recommendations or the reasons for not complying with them.

     (2) After a reasonable period of time has elapsed, the

ombudsman may issue his or her conclusions or recommendations to

the legislature, the governor, a grand jury, the public, or any

other appropriate authority. The ombudsman shall include any brief

statement the agency may provide in response to the investigation.

Senate Bill No. 340 as amended September 10, 2009

     (3) If the ombudsman believes that an action by the department

or agency has been dictated by laws whose results are unfair or

otherwise objectionable, and could be revised by legislative

action, the ombudsman shall notify the secretary of the senate and

the clerk of the house of representatives and the agency of

desirable statutory change.

     (4) If the ombudsman believes that any agency official or

employee has acted in a manner warranting criminal or disciplinary

proceedings, the ombudsman shall refer the matter to the

appropriate authorities <<                           >>.

     Sec. 79g. Information obtained by the office from businesses

that utilize its services shall be held in confidence by those

employed by the office to the extent authorized under the freedom

of information act, 1976 PA 442, MCL 15.231 to 15.246, including,

but not limited to, those provisions pertaining to exemptions from

disclosure for trade secrets and commercial and financial

information.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 2 of the 95th Legislature is enacted into

law.