| 1 | 1 | | HOUSE BILL NO. 4392 A bill to amend 1980 PA 469, entitled "The whistleblowers' protection act," by amending sections 1, 2, and 3 (MCL 15.361, 15.362, and 15.363), section 3 as amended by 1982 PA 146. the people of the state of michigan enact: Sec. 1. As used in this act: (a) "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. Employee includes a person employed by the this state or a political subdivision of the this state, except not including the state classified civil service. (b) "Employer" means a person who has 1 or more employees. Employer includes an agent of an employer and the this state or a political subdivision of the this state. (c) "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. (d) "Public body" means all of the following: (i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government. (ii) An agency, board, commission, council, member, or employee of the legislative branch of state government. (iii) A county, city, township, village, intercounty, intercity, or regional governing body, a council, school district, special district, or municipal corporation, or a board, department, commission, council, agency, or any member or employee thereof. (iv) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body. (v) A law enforcement agency or any member or employee of a law enforcement agency. (vi) The judiciary and any member or employee of the judiciary.judicial branch of state government. (e) "State employee ombudsman" means the state employee ombudsman appointed under the state employee ombudsman act. Sec. 2. An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, the press, or the state employee ombudsman, unless the employee knows that the report is false, or because an employee is requested by a public body or the state employee ombudsman to participate in an investigation, hearing, or inquiry held by that public body , or the state employee ombudsman or in a court action. Sec. 3. (1) A person who alleges a violation of this act may bring a civil action for appropriate injunctive relief, or actual damages, or both within 90 days after the occurrence of the alleged violation of this act. (2) An action commenced pursuant to brought under subsection (1) may be brought in the circuit court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has his or her where the person's principal place of business is located. (3) As used in subsection (1), "damages" means damages for injury or loss caused by each violation of this act, including reasonable attorney fees. (4) An In an action under subsection (1), an employee shall show by clear and convincing evidence that he or she the employee or a person acting on his or her the employee's behalf was about to report, verbally or in writing, a violation or a suspected violation of a law of this state, a political subdivision of this state, or the United States to a public body, the press, or the state employee ombudsman. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No, 4397 (request no. 02105'23) of the 102nd Legislature is enacted into law. |
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| 25 | 25 | | HOUSE BILL NO. 4392 |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1980 PA 469, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "The whistleblowers' protection act," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending sections 1, 2, and 3 (MCL 15.361, 15.362, and 15.363), section 3 as amended by 1982 PA 146. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 1. As used in this act: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. Employee includes a person employed by the this state or a political subdivision of the this state, except not including the state classified civil service. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) "Employer" means a person who has 1 or more employees. Employer includes an agent of an employer and the this state or a political subdivision of the this state. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) "Public body" means all of the following: |
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| 46 | 46 | | |
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| 47 | 47 | | (i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government. |
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| 48 | 48 | | |
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| 49 | 49 | | (ii) An agency, board, commission, council, member, or employee of the legislative branch of state government. |
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| 50 | 50 | | |
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| 51 | 51 | | (iii) A county, city, township, village, intercounty, intercity, or regional governing body, a council, school district, special district, or municipal corporation, or a board, department, commission, council, agency, or any member or employee thereof. |
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| 52 | 52 | | |
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| 53 | 53 | | (iv) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body. |
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| 54 | 54 | | |
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| 55 | 55 | | (v) A law enforcement agency or any member or employee of a law enforcement agency. |
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| 56 | 56 | | |
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| 57 | 57 | | (vi) The judiciary and any member or employee of the judiciary.judicial branch of state government. |
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| 58 | 58 | | |
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| 59 | 59 | | (e) "State employee ombudsman" means the state employee ombudsman appointed under the state employee ombudsman act. |
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| 60 | 60 | | |
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| 61 | 61 | | Sec. 2. An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, the press, or the state employee ombudsman, unless the employee knows that the report is false, or because an employee is requested by a public body or the state employee ombudsman to participate in an investigation, hearing, or inquiry held by that public body , or the state employee ombudsman or in a court action. |
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| 62 | 62 | | |
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| 63 | 63 | | Sec. 3. (1) A person who alleges a violation of this act may bring a civil action for appropriate injunctive relief, or actual damages, or both within 90 days after the occurrence of the alleged violation of this act. |
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| 64 | 64 | | |
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| 65 | 65 | | (2) An action commenced pursuant to brought under subsection (1) may be brought in the circuit court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has his or her where the person's principal place of business is located. |
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| 66 | 66 | | |
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| 67 | 67 | | (3) As used in subsection (1), "damages" means damages for injury or loss caused by each violation of this act, including reasonable attorney fees. |
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| 68 | 68 | | |
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| 69 | 69 | | (4) An In an action under subsection (1), an employee shall show by clear and convincing evidence that he or she the employee or a person acting on his or her the employee's behalf was about to report, verbally or in writing, a violation or a suspected violation of a law of this state, a political subdivision of this state, or the United States to a public body, the press, or the state employee ombudsman. |
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| 70 | 70 | | |
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| 71 | 71 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 72 | 72 | | |
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| 73 | 73 | | Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No, 4397 (request no. 02105'23) of the 102nd Legislature is enacted into law. |
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