HB 6307

HOUSE BILL NO. 6307
A bill to amend 1976 PA 331, entitled
"Michigan consumer protection act,"
by amending section 15 (MCL 445.915) and by adding
section 8a.
the people of the state of michigan enact:
Sec. 8a. (1) If
the attorney general or a prosecuting attorney has reasonable cause to believe
that a person has information or is in possession, custody, or control of any
documentary material or tangible object that is relevant to an investigation of
a violation of this act, the attorney general, or a prosecuting attorney with the
permission of the attorney general or at the request of the attorney general,
may, before bringing any action under this act, serve the person with a written
demand to do 1 or more of the following:
(a) Appear and be examined under oath.
(b) Answer interrogatories.
(c) Produce any documentary material or tangible object for inspection
and copying.
(2) A written demand under subsection (1) must contain all of the
following:
(a) A description of the conduct that constitutes the violation of this
act being investigated by the attorney general or the prosecuting attorney.
(b) A summary of subsections (3) and (4).
(c) If the demand requires the appearance of the person, a reasonable
time and place for the appearance.
(d) If the demand requires written interrogatories, both of the
following:
(i) A copy of the
written interrogatories.
(ii) A reasonable
time within which the person must answer the written interrogatories.
(e) If the demand requires the production of any documentary material or
tangible object, all of the following:
(i) A description
of the documentary material or tangible object with sufficient definiteness to
permit the documentary material or tangible object to be fairly identified by
the person.
(ii) A reasonable
time and place for production of the documentary material or tangible object.
(iii) The name of the
person that will be the custodian of the documentary material or tangible
object.
(f) A notice that the person may file an objection to or reason for not
complying with the demand with the serving entity on or before the return date.
(3) At any time before the return date or not later than 10 days after
receiving the written demand, whichever is earlier, a person subject to the
written demand may petition the circuit court of Ingham County for a protective
order to do any of the following:
(a) Extend the return date for a reasonable time.
(b) Modify the demand.
(c) Set aside the demand.
(4) If a person files a petition under subsection (3), the person must
give the serving entity not less than 10 days' notice of a hearing on the
petition, and the serving entity must be given an opportunity to respond to the
petition.
(5) If a person does not secure a protective order under subsection (3)
and the person does not comply with the written demand by the return date, the
serving entity, on notice to the person, may apply to a court for an order
compelling the person's compliance with the written demand.
(6) If a court contemplating the order under subsection (5) finds that
there is reasonable cause to believe that this act is being, has been, or is
about to be violated, that the person subject to the written demand is the
person that is committing, has committed, or is about to commit the violation
or is the person that possesses information, documentary material, or a
tangible object that is relevant to the investigation by the attorney general
or prosecuting attorney, that the person has left this state or is about to
leave this state, and that the order is necessary for the enforcement of this
act, the court may do either or both of the following:
(a) Require the person to comply with the written demand.
(b) Forbid the removal, concealment, withholding, destruction,
mutilation, falsification, or alteration of any documentary material or
tangible object identified under subsection (2)(e) that is in the possession,
custody, or control of the person.
(7) A person subject to a written demand or court order under this
section that, with the intent to avoid, evade, or prevent compliance with the
written demand or order, in whole or in part, removes, conceals, withholds,
destroys, mutilates, falsifies, or by any other means alters any documentary
material or tangible object identified under subsection (2)(e) in the
possession, custody, or control of the person is subject to a civil fine of not
more than $10,000.00.
(8) Except as otherwise provided in subsection (9), any testimony,
answer, documentary material, or tangible object received by the attorney
general or a prosecuting attorney in accordance with a written demand or order
under this section is confidential and not subject to disclosure until the time
that an enforcement action is brought by the attorney general or prosecuting
attorney under this act.
(9) The attorney general or a prosecuting attorney may disclose any
testimony, answer, documentary material, or tangible object described in
subsection (8) in any of the following circumstances:
(a) If the disclosure is to a law enforcement official.
(b) If the attorney general or a prosecuting attorney considers the
disclosure necessary to enforce this act.
(c) If the disclosure is ordered by a court.
(d) If the disclosure is after the confidentiality requirements
described in subsection (8) are waived by both of the following:
(i) The person
subject to the written demand.
(ii) The person
being investigated by the attorney general or prosecuting attorney.
(10) As used in this section:
(a) "Demand" means a written demand under subsection (1).
(b) "Return date" means the date specified in subsection
(2)(c), (d)(ii), or (e)(ii).
(c) "Serving entity" means the attorney general or prosecuting
attorney that served the demand.
Sec. 15. A Except as otherwise provided in section 8a, a prosecuting
attorney may conduct an investigation pursuant to under this act and may institute and prosecute an
action under this act in the same manner as the attorney general.