HOUSE BILL No. 4336
March 12, 2019, Introduced by Reps. Steven Johnson and LaFave and referred to the Committee on Oversight.
A bill to amend 2003 PA 1, entitled
"An act to provide for the audit and examination of this state and
state funds; to provide for the audit and examination of the books
and accounts of all branches, departments, offices, boards,
commissions, agencies, authorities, and institutions of this state;
to prescribe powers and duties of certain state officers and
employees; to provide for access to certain records; to provide for
the subpoena of witnesses and production of documents and records;
to prescribe penalties; and to provide for the administration of
this act,"
by amending the title and section 1 (MCL 13.101).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the audit and examination of this state
and state funds; to provide for the audit and examination of the
books and accounts of all branches, departments, offices, boards,
commissions, agencies, authorities, and institutions of this state;
to prescribe powers and duties of certain state officers and
employees; to provide for access to certain records; to provide for
the subpoena of witnesses and production of documents and records;
to prescribe penalties; and to provide for the administration of
this act.
Sec. 1. (1) The As provided for in section 53 of article IV of
the state constitution of 1963, the auditor general shall conduct
audits and examinations of all branches, departments, offices,
boards, commissions, agencies, authorities, and institutions of
this state.
(2) In Notwithstanding any other provision of law to the
contrary except as provided in subsection (10) or where the auditor
general's access is expressly and specifically limited by law, in
connection with the audits and examinations described in this act,
the auditor general may access and examine, or cause to be accessed
and examined, the books, accounts, documents, records,
electronically stored information, performance activities, and
financial affairs, including, but not limited to, confidential
information, of each branch, department, office, board, commission,
agency, authority, and institution of this state. All of the
following apply to confidential information obtained under this
subsection:
(a) The auditor general is subject to the same duty of
confidentiality imposed by law on the entity providing the
confidential information.
(b) The auditor general is subject to any civil or criminal
penalties imposed by law for willfully and intentionally disclosing
that confidential information.
(c) Notwithstanding any other provision of law to the
contrary, state officers and employees of all branches,
departments, offices, boards, commissions, agencies, authorities,
and institutions of this state are not subject to civil or criminal
penalties imposed by state law for providing information requested
by the auditor general.
(3) Upon demand of the auditor general, deputy auditor
general, or any person individual appointed by the auditor general
to make the audits and examinations provided in this act, the
officers and employees of all branches, departments, offices,
boards, commissions, agencies, authorities, and institutions of
this state shall produce or provide for unrestricted access and
examination all books, accounts, documents, and records, and
electronically stored information, including, but not limited to,
confidential information, of their respective branch, department,
office, board, commission, agency, authority, and institution and
truthfully answer all questions relating to their books, accounts,
documents, and records, and electronically stored information,
including, but not limited to, confidential information, of their
respective activities and affairs.
(4) The entity providing the information to the auditor
general under this act is responsible for paying all costs to
produce the information.
(5) State officers and employees shall not restrict the
auditor general's access to information requested regardless of
whether the information is sought for the purpose of performing an
audit of another state program or agency.
(6) (4) In connection with audits and examinations described
in this act, the auditor general, deputy auditor general, or any
person individual appointed to make audits and examinations may
issue subpoenas, direct the service of the subpoena by any police
officer, and compel the attendance and testimony of witnesses; may
administer oaths and examine any person individual as may be
necessary; and may compel the production of books, accounts,
papers, documents, and records, and electronically stored
information, including, but not limited to, confidential
information. The orders and subpoenas issued by the auditor
general, deputy auditor general, or any person individual appointed
with the duty of making the examinations provided in this
subsection may be enforced upon application to any circuit court as
provided by law.
(7) (5) The auditor general may employ and compensate
auditors, examiners, and assistants as he or she considers
necessary. In addition, the auditors, examiners, and assistants
shall must be paid their necessary traveling expenses while
engaging in the duties provided under this act. Compensation and
expenses shall must be paid out of the funds appropriated for that
purpose. The auditor general and the deputy auditor general shall
must receive their actual traveling expenses incurred while
engaging in the duties provided under this act, which shall must be
paid out of the funds appropriated for that purpose.
(8) (6) Any person individual who gives or offers to any
examiner, accountant, clerk, or other employee of the auditor
general, any money, gift, emolument, or thing of value for the
purpose of influencing the action of the examiner or other
employee, in any matter relating to the examination of any public
account authorized by this act, or for the purpose of preventing or
delaying the examination of any public account, or for the purpose
of influencing the action of the examiner or other employee, in
framing, changing, withholding, or delaying any report of any
examination of any public account, is guilty of a misdemeanor,
punishable by imprisonment for not less than 30 days or more than 6
months, or a fine of not less than $200.00 or more than $1,000.00,
nor less than $200.00, or imprisonment for not more than 6 months
and not less than 30 days, or both.
(9) (7) Any person individual appointed by the auditor general
to make the examinations provided for under this act, or any
officer, clerk, or other employee of the auditor general, who
receives or solicits any money, gift, emolument, or anything of
value for the purpose of being influenced in the matter of the
examination of any public account authorized by this act, or for
the purpose of being influenced to prevent or delay the examination
of any public account, is guilty of a misdemeanor, punishable by
imprisonment for not less than 30 days or more than 6 months, or a
fine of not less than $200.00 or more than $1,000.00, and not less
than $200.00, or imprisonment for not more than 6 months and not
less than 30 days, or both.
(10) This act does not authorize the auditor general to access
or examine records or information subject to the attorney-client
privilege.
(11) All working papers and records of the auditor general in
connection with audits and examinations are exempt from public
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(12) (8) As used in this act:
(a) "Audit" means a post audit of financial transactions and
accounts or performance audit as described in section 53 of article
IV of the state constitution of 1963.
(b) "Auditor general" means the individual appointed auditor
general under section 53 of article IV of the state constitution of
1963.
(c) "Confidential information" means information that is
subject to a legal duty to not disclose its contents.
(d) (c) "Examination" means an inquiry, compilation, or review
within the scope of the auditor general's authority under section
53 of article IV of the state constitution of 1963.