BillCam

HOUSE BILL No. 4259

February 21, 2017, Introduced by Rep. Graves 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 section 1 (MCL 13.101).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) 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 (8), 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. Both 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.

(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) 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.

(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 be paid

their necessary traveling expenses while engaging in the duties

provided under this act. Compensation and expenses shall be paid

out of the funds appropriated for that purpose. The auditor general

and the deputy auditor general shall receive their actual traveling

expenses incurred while engaging in the duties provided under this

act, which shall be paid out of the funds appropriated for that

purpose.

(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.

(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.

(8) This act does not authorize the auditor general to access

or examine records or information subject to the attorney-client

privilege or any other privilege recognized by the constitution,

statute, court rule, or rules adopted by a house of the

legislature.

(9) (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.

within the scope of the auditor general's authority under section

53 of article IV of the state constitution of 1963.