“Legislative committees; powers, punishment for contempt.
“Sec. 1.
“Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions. Any witness who neglects or refuses to obey a subpoena of any of such committees or commissions, or who refuses to be sworn or testify, or who fails on demand to produce any papers, books or documents touching any matter under investigation, or any witness or attorney who is guilty of any contempt while in attendance at any hearing before any of such committees or commissions, may be punished as for contempt of the legislature” (Michigan Compiled Laws, Section 4.101).
“Oaths, depositions, acknowledgments; powers of legislators.
“Sec. 1.
“During his term of office, every senator and representative in the state legislature is hereby authorized, by virtue of his office to administer oaths, take depositions and acknowledgments” (Michigan Compiled Laws, Section 4.121).
“Interim session legislative committees and commissions.
“Sec. 1.
“Committees and commissions of or appointed by the legislature, or either house thereof, may by resolution of the legislature, or either house thereof, perform and exercise such powers and authority in the interim between sessions of the legislature as shall be delegated to such committees or commissions in said resolution or resolutions” (Michigan Compiled Laws, Section 4.221).
“Sec. 1. Notwithstanding any other provision of law to the contrary, any standing or select committee of the senate or the house of representatives, and any joint select committee of the senate and house of representatives, shall be authorized to subpoena and have produced before any such committee, or inspect the records and files of any state department, board, institution or agency; and it shall be the duty of any state department, board, institution or agency to produce before the committee as required by the subpoena, or permit the members of any such committee to inspect its records and files. Such records and files shall be subpoenaed, examined or used only in connection with the jurisdiction and purposes for which the committee was created” (Michigan Compiled Laws, Section 4.541).
House Rules #
“(1) Except as provided by MCL 4.541, the right of a special or standing committee to subpoena shall be granted by resolution of the House in accordance with Mason’s Manual of Legislative Procedure – 2020 edition. The vote on adoption of a subpoena power resolution shall be by record roll call vote. The votes of a majority of the Members elected and serving shall be required for adoption. The right to subpoena shall not be granted to subcommittees.
“(2) The House Oversight Committee for the One Hundred Third Legislature is granted the full scope of power as authorized by MCL 4.101 and MCL 4.541 to administer oaths, issue subpoenas, and examine books and records of any person, partnership, corporation,
governmental entity, or political subdivision” (House Rule 36).
Senate Rules #
“POWERS AND RESPONSIBILITIES OF COMMITTEES
“a) Any Senator, while acting as a member of a committee, shall have authority to administer oaths to such persons as shall be examined before the committee of which he or she is a member (see MCL 4.85).
“b) Any committee may, by resolution of the Senate, be authorized to administer oaths, issue subpoenas, and examine books, records, and files (see MCL 4.101 and MCL 4.541).
“c) Any witness, or attorney representing a witness, may be punished for contempt by the Legislature (see MCL 4.82 and 4.101), under either of the following circumstances:
- “During a committee investigation and pursuant to a committee subpoena, he or she:
- “A) Refuses to be sworn or testify,
- “B) Fails on demand to produce any papers, books, or documents regarding any matter under investigation, or
- “C) Otherwise neglects or refuses to obey the committee subpoena.
- “He or she is guilty of deliberately interfering with the duties and powers of the Legislature while in attendance at a committee hearing.
“d) Contempt of the Legislature shall be punishable as provided by law (see MCL 4.82 and 4.83)” (Senate Rule 2.102).
