HB-4432, As Passed House, May 24, 2017
March 29, 2017, Introduced by Rep. Graves and referred to the Committee on Oversight.
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 the legislature be
authorized
that house, 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 a person or entity
involved
in a matter properly before any of such committees or
commissions.
Any 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 a person or entity involved in a matter
properly before that committee or commission.
(3) Service of a subpoena authorized by this section must 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 or commission.
The subpoena must 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 committee's or commission's
investigation or inquiry.
(4) A person served with a subpoena may choose to be
accompanied by counsel if a personal appearance is required and
must be served with a notice to that effect.
(5) A 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 a matter
under
investigation,
or any a witness or attorney who is guilty of any
contempt
while in attendance at any a
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 or commission
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 or commission
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 or commission, legal
counsel for the minority and majority parties, and persons
necessary for the production of any record or file may be present.