HB-4523, As Passed House, June 2, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4523

     A bill to amend 1931 PA 118, entitled

"An act to provide for the administration of oaths, subpoena of

witnesses and/or examination of certain books and records by

committees and commissions of the legislature,"

by amending section 1 (MCL 4.101).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) Committees and commissions of or appointed by Each

house of the legislature may, by resolution of that house, of the

legislature be authorized authorize committees and commissions of

or appointed by that house of the legislature to administer oaths,

subpoena witnesses, and/or to or examine the books and records of

any persons, partnerships or corporations person or entity involved

in a matter properly before any of such committees or commissions

that committee or commission.

     (2) The legislature may, by resolution of the legislature,

authorize committees and commissions of or appointed by the

legislature to administer oaths, subpoena witnesses, or examine the

books and records of any person or entity involved in a matter

properly before that committee or commission.

     (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. The subpoena

shall also be served with a copy of the resolution or statute

establishing the committee or commission and a general statement of

the subject matter of the commission's or committee's investigation

or inquiry.

     (4) Any person served with a subpoena may choose to be

accompanied by counsel if a personal appearance is required and

shall be served with a notice to that effect.

     (5) Any witness who neglects or refuses to obey a subpoena of

any of such the authorized committees or commissions, or who

refuses to be sworn or testify, or who fails on demand to produce

any papers, books, or documents touching any matter under

investigation, or any witness or attorney who is guilty of any

contempt while in attendance at any hearing before any of such the

authorized committees or commissions, may be punished as for

contempt of the legislature.

     (6) 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

House Bill No. 4523 as amended May 27, 2015

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 members and

clerks 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.

[

]