HB-5464, As Passed House, April 13, 2016
March 15, 2016, Introduced by Rep. McBroom and referred to the Committee on Oversight and Ethics.
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, 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) 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) "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.