Bill Text: MI HB4336 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Legislature; auditor general; authority and process to obtain confidential or electronic data; codify. Amends title & sec. 1 of 2003 PA 1 (MCL 13.101).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-12-31 - Assigned Pa 156'19 With Immediate Effect [HB4336 Detail]
Download: Michigan-2019-HB4336-Enrolled.html
state of michigan
100th Legislature
Regular session of 2019
Introduced by Reps. Steven Johnson and LaFave
ENROLLED HOUSE BILL No. 4336
AN ACT 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 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) 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) Notwithstanding any other provision of law
to the contrary except as provided in subsection (9) 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 section:
(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 unlawfully 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 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 access and examination
all books, accounts, documents, 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, records, and electronically stored information, including,
but not limited to, confidential information, of their respective activities
and affairs.
(4) State officers and employees shall not
restrict the auditor general’s access to information requested on the basis
that the information is sought for the purpose of performing an audit of
another state program or agency.
(5) In connection with audits and examinations
described in this act, the auditor general, deputy auditor general, or any
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
individual as may be necessary; and may compel the production of books,
accounts, papers, documents, 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
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.
(6) The auditor general may employ and
compensate auditors, examiners, and assistants as he or she considers
necessary. In addition, the auditors, examiners, and assistants must be paid
their necessary traveling expenses while engaging in the duties provided under
this act. Compensation and expenses must be paid out of the funds appropriated
for that purpose. The auditor general and the deputy auditor general must
receive their actual traveling expenses incurred while engaging in the duties
provided under this act, which must be paid out of the funds appropriated for
that purpose.
(7) Any 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, or both.
(8) Any 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, or both.
(9) This act does not authorize the auditor
general to access or examine records or information subject to the
attorney-client privilege or executive privilege, or subject to a court order
prohibiting disclosure of the content of the record or information.
(10) 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.
(11) 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) “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.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
