May 2, 2006, Introduced by Senators LELAND, BRATER, CLARKE, CHERRY, SCOTT, OLSHOVE, BASHAM, THOMAS, CLARK-COLEMAN, SWITALSKI, PRUSI, WHITMER, SCHAUER, BARCIA, JACOBS and EMERSON and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1919 PA 232, entitled
"An act to supplement the laws of the state relating to the powers
and duties of the attorney general and the institution and
prosecution of actions thereby on behalf of the state, to authorize
intervention in pending litigation on behalf of the people in
certain cases, and to permit the bringing of any suit at law in
which the state is a party plaintiff in the circuit court of Ingham
county,"
by amending the title and section 1 (MCL 14.101) and by adding
section 3.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to supplement the laws of the state relating to the
powers and duties of the attorney general and the institution and
prosecution
of actions thereby on behalf of the state; , to
authorize certain investigations; to authorize intervention in
pending
litigation on behalf of the people in certain cases; ,
and to permit the bringing of any suit at law in which the state is
a party plaintiff in the circuit court of Ingham county.
Sec.
1. (1) The attorney general of the state is hereby
authorized
and empowered to may intervene in any action
heretofore
or hereafter commenced in any court of the state
whenever
such if intervention is necessary in
order to protect
any
right or interest of the state , or of the people of the
state. Such
The right of intervention shall exist applies at
any
stage of the proceeding, and the attorney general shall have
has
the same right to prosecute an appeal ,
or to apply for a
re-hearing
rehearing or to take any other action or step
whatsoever
that is had or possessed by any of the parties to such
the litigation.
(2) The attorney general may conduct investigations as
necessary to determine whether a right or interest of the state is
endangered before making a decision to bring an action or intervene
in an action under subsection (1).
Sec. 3. The attorney general shall protect the interests of
the state by conducting an investigation if the attorney general
has reason to believe that a single employer may outsource 100 or
more jobs from this state in a 12-month period. The attorney
general shall ascertain whether the employer is complying with
applicable federal and state laws, including any notice
requirements, and whether the employer has made timely and
appropriate payments of assessments due under the Michigan
employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75.
The attorney general shall institute appropriate action to protect
the interests of the state as the results of the investigation
warrant, including enforcing repayment of credit under section 8 of
the Michigan economic growth authority act, MCL 207.808.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1240
of the 93rd Legislature is enacted into law.