Michigan 2023 2023-2024 Regular Session

Michigan Senate Bill SB0032 Comm Sub / Analysis

Filed 06/13/2023

                    Act No. 44 
Public Acts of 2023 
Approved by the Governor 
June 13, 2023 
Filed with the Secretary of State 
June 13, 2023 
EFFECTIVE DATE: June 13, 2023 
 
 
 
 
 
STATE OF MICHIGAN 
102ND LEGISLATURE 
REGULAR SESSION OF 2023 
Introduced by Senators Santana and Wojno 
 
ENROLLED SENATE BILL No. 32 
AN ACT to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and 
fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers 
and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding 
wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to 
repeal certain acts and parts of acts,” by amending section 8 (MCL 408.478). 
 
The People of the State of Michigan enact: 
 
Sec. 8. (1) Except as otherwise provided in this subsection, an employer, agent or representative of an 
employer, or other person having authority from the employer to hire, employ, or direct the services of other 
persons in the employment of the employer shall not demand or receive, directly or indirectly from an employee, 
a fee, gift, tip, gratuity, or other remuneration or consideration, as a condition of employment or continuation of 
employment. This subsection does not apply to any of the following: 
(a) Fees collected by an employment agency licensed under the laws of this state. 
(b) Subject to subsection (3), the following remuneration or consideration collected by a law enforcement agency 
under a signed agreement entered into on or after the effective date of the amendatory act that added this 
subdivision: 
(i) If the employee voluntarily leaves employment with the law enforcement agency not more than 1 year after 
the date the employee’s law enforcement training academy ended, 100% of the cost of the law enforcement training 
academy up to and not exceeding the employee’s salary for the first year of employment with the law enforcement 
agency. 
(ii) If the employee voluntarily leaves employment with the law enforcement agency more than 1 year but less 
than 2 years after the date the employee’s law enforcement training academy ended, 75% of the cost of the law 
enforcement training academy up to and not exceeding the employee’s salary for the first year of employment 
with the law enforcement agency. 
(iii) If the employee voluntarily leaves employment with the law enforcement agency 2 years or more but less 
than 3 years after the date the employee’s law enforcement training academy ended, 50% of the cost of the law 
enforcement training academy up to and not exceeding the employee’s salary for the first year of employment 
with the law enforcement agency. 
(iv) If the employee voluntarily leaves employment with the law enforcement agency 3 years or more but less 
than 4 years after the date the employee’s law enforcement training academy ended, 25% of the cost of the law 
enforcement training academy up to and not exceeding the employee’s salary for the first year of employment 
with the law enforcement agency. 
 
 
(21)  (c) Remuneration or consideration collected by an employer under an optional education repayment agreement 
in which the employer offers to fund an employee’s education with the understanding that the employee will repay 
the costs incurred unless the employee remains with the employer for a specific period. 
(2) Except for a contribution required or expressly permitted by law or by a collective bargaining agreement, 
an employer shall not require an employee or a person seeking employment to contribute directly or indirectly to 
a charitable, social, or beneficial purpose as a condition of employment or continuation of employment. 
(3) An agreement under subsection (1)(b) must contain the following terms: 
(a) That the law enforcement agency will pay the cost of a law enforcement training academy required for that 
employee to obtain a license under the Michigan commission on law enforcement standards act, 1965 PA 203, 
MCL 28.601 to 28.615. 
(b) The conditions under which the payment under subdivision (a) will be provided and under which repayment 
to the law enforcement agency by the employee or another person may be required. 
(c) That remuneration or consideration from the employee will be waived by the law enforcement agency if the 
employee is not required to be licensed as a law enforcement officer under the Michigan commission on law 
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, within any of the following: 
(i) One year after leaving employment with the law enforcement agency. This subparagraph applies if the 
employee voluntarily leaves employment with the law enforcement agency not more than 1 year after the date 
the employee’s law enforcement training academy ended. 
(ii) Two years after leaving employment with the law enforcement agency. This subparagraph applies if the 
employee voluntarily leaves employment with the law enforcement agency more than 1 year and less than 4 years 
after the date the employee’s law enforcement training academy ended. 
(4) As used in this section: 
(a) “Law enforcement agency” means that term as defined in section 2 of the Michigan commission on law 
enforcement standards act, 1965 PA 203, MCL 28.602. 
(b) “Law enforcement training academy” means that term as defined in section 2 of the Michigan commission 
on law enforcement standards act, 1965 PA 203, MCL 28.602. 
 
Enacting section 1. This amendatory act does not take effect unless House Bill No. 4176 of the 102nd Legislature 
is enacted into law. 
 
This act is ordered to take immediate effect. 
 
 
 
 
 
 
 
 
 
 
Clerk of the House of Representatives 
 
 
 
Approved  
 
 
 
 
Governor 
 
 
Compiler's note: House Bill No. 4176, referred to in enacting section 1, was filed with the Secretary of State June 
13, 2023 and became 2023 PA 43, Imd. Eff. June 13, 2023.  
 
 
2 
 
 
 
Secretary of the Senate