HB 6315

HOUSE BILL NO. 6315
A bill to amend 1936 (Ex Sess) PA 1,
entitled
"Michigan employment security act,"
by amending section 9 (MCL 421.9), as amended by 2024
PA 240.
the people of the state of michigan enact:
Sec. 9. (1) The unemployment insurance
agency or its duly appointed authorized agents may examine or copy the books,
records, and papers of any an employing unit relating to any a requirement
pertaining to this act. Any member of However, the unemployment insurance agency or its
duly authorized agents shall not require that an
employing unit provide a book, record, or paper for examining or copying in a
form other than the form in which the book, record, or paper then exists.
(2) The unemployment insurance agency may issue a subpoena that requires any a person to do
any of the following:
(a) Appear before
the unemployment insurance agency or its duly authorized agents at any a reasonable
time and place.
(b) Be examined
with reference to any matter within the scope of the inquiry or investigation
being conducted by the unemployment insurance agency.
(c) Produce any
books, records, or papers pertaining to the question involved.
(3) (2) Any member of the The unemployment insurance agency or its duly authorized agents
may administer an oath or affirmation to a witness in any a matter
before the unemployment insurance agency, certify to official acts, and take
depositions.
(4) (3) If
a person disobeys a subpoena, the unemployment insurance agency or the party on
whose behalf the subpoena was issued may invoke the aid of any a circuit
court of this state to require the attendance and testimony of witnesses and
the production of books, records, and papers pertaining to the question
involved. Any of the circuit courts of this state within the jurisdiction of
which the inquiry is carried on may, if the refusal to obey a subpoena
continues, issue an order requiring the person to appear before the
unemployment insurance agency or its duly authorized agents and to produce
books, records, and papers if so ordered, and
give evidence touching related to the matter in question. The circuit court
may punish any a failure
to obey its order as a contempt of court.
(5) (4) An
individual is not excused from testifying or from producing any books, records,
or papers in any an
investigation, or upon any a hearing, when if ordered to do so by the unemployment insurance
agency or its duly authorized agents, on the ground
that because the testimony or evidence,
documentary or otherwise, may tend to incriminate the individual or subject the
individual to a criminal penalty. An individual must not be prosecuted or
subjected to any a criminal
penalty for, or on account of, any a transaction made or thing concerning which the
individual is compelled, upon the claiming of the individual's privilege to
testify. An individual who testifies is not exempt from prosecution and
punishment for perjury committed in testifying.