HB-4522, As Passed House, June 2, 2015
SUBSTITUTE FOR
HOUSE BILL NO. 4522
(as amended May 27, 2015)
[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 the title and section 1 (MCL 4.541).]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
[TITLE
An act to provide for the inspection by certain committees of the legislature of the records and files of state and local departments, boards, institutions, and agencies.]
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
the 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. 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 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 the
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 may not disregard the
confidential nature of the 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
House Bill No. 4522 as amended May 27, 2015
clerk of the committee, legal counsel for the 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 aid and
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.
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