HB 5650

substitute for
House BILL NO. 5650
A bill to require the attorney general to submit reports
related to certain litigation to certain committees of the legislature; to
provide for the powers and duties of certain state governmental officers and
entities; to provide sanctions for failing to submit the reports; and to
provide for remedies.
the peoplE of the state of michigan enact:
Sec.
1. As used in this act, "litigation" means either of the following:
(a) An action at law brought by the
attorney general on behalf of this state or of the people of this state.
(b) An action at law in which the
attorney general has intervened and appeared on behalf of the people of this
state.
Sec. 2. (1) If total state expenditures related to
litigation exceed $250,000.00, or if the attorney general estimates that total
state expenditures related to litigation will exceed $250,000.00, the attorney
general shall submit a report regarding the litigation 1 time every 6 months to each member of the house of representatives
appropriations committee, each member of the house of representatives oversight
committee, each member of the senate appropriations committee, and each member of the
senate oversight committee. Each report must include all of the
following:
(a) An accounting of the expenditures, including an estimate
of future expenditures.
(b) An explanation of the litigation.
(c) Justification for the expenditures described in
subdivision (a).
(2) Not later than 60 days after a
final order is entered in litigation described in subsection (1) and all rights
of appeal have been exhausted or the time for appeal has expired, the attorney
general shall submit a final report regarding the litigation to each member of
the house of representatives appropriations committee, each member of the house
of representatives oversight committee, each member of the senate
appropriations committee, and each member of the senate oversight committee.
The report must include both of the following:
(a) An accounting of the
expenditures.
(b) Justification for the
expenditures described in subdivision (a).
Sec. 3. If the attorney general fails to submit a report in accordance with section 2,
both of the following apply:
(a) A member of the house of representatives appropriations
committee, house of representatives oversight committee, senate appropriations
committee, or senate oversight committee may seek judicial relief, including a
writ of mandamus, to compel the attorney general to submit the report. The
court shall award costs and reasonable
attorney fees and may impose a civil fine of not more than $1,000.00 per day
for each day that the report remains overdue. A fine collected under this
subdivision must be deposited into the state general fund. A fine imposed under this subdivision must be paid from an
appropriation made to the department of attorney general in a general
appropriations bill and must not be paid from the state general fund.
(b) The auditor general shall submit a report to the
legislature that details the attorney general's expenditures related to the
litigation, including any violations of this act.