AUDITOR GENERAL - S.B. 160: FLOOR ANALYSIS

Senate Bill 160 (as reported without amendment)

Sponsor: Senator Bruce Patterson

Committee: Judiciary


CONTENT


The bill would create a new act to specify the responsibilities and authority of the Auditor General, which would include conducting audits and examinations of all State departments and agencies, issuing subpoenas, and compelling the production of documents. "Auditor General" would mean the individual appointed to that office under Article IX, Section 53 of the State Constitution.


The bill would require the Auditor General to conduct audits and examinations of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of the State. In connection with the audits and examinations, the Auditor General could examine, or cause to be examined, the books, accounts, documents, records, activities, and affairs of each of those bodies.


Upon demand of the Auditor General, deputy Auditor General, or any person appointed by the Auditor General to make audits and examinations, the officers and employees of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of the State would have to produce for examination all books, accounts, documents, and records of their respective activities and affairs, and answer truthfully all questions relating to those materials.


The Auditor General, deputy Auditor General, or any person appointed to make audits and examinations could do any of the following:


-- Issue subpoenas, direct the service of a subpoena by any police officer, and compel the attendance and testimony of witnesses.

-- Administer oaths and examine any person, as necessary.

-- Compel the production of books, accounts, papers, documents, and records.


The orders and subpoenas could be enforced upon application to any circuit court, as provided by law.


The Auditor General could employ and compensate auditors, examiners, and assistants as he or she considered necessary. In addition, the auditors, examiners, and assistants would have to be paid their necessary traveling expenses while engaging in the duties provided under the bill. The Auditor General and the deputy Auditor General also would have to receive their actual traveling expenses incurred while engaging in the duties provided under the bill. Compensation and expenses would have to be paid out of the funds appropriated for that purpose.


- Legislative Analyst: Patrick Affholter


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


Date Completed: 2-18-03 - Fiscal Analyst: Bill BowermanFloor\sb160 - Bill Analysis @ www.senate.michigan.gov/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.