HOUSE BILL No. 4559


     April 17, 2001, Introduced by Reps. Basham, Lemmons, Stallworth, Frank, DeVuyst, Pumford, DeRossett, Newell, Thomas,
Hale, Clark, Pestka, Anderson, Plakas, Kolb, Van Woerkom, Tabor and Vander Veen and referred to the Committee on Employment
Relations, Training and Safety.


        A bill to amend 1980 PA 469, entitled

   "The whistleblowers' protection act,"

   (MCL 15.361 to 15.369) by amending the title and by adding

   section 5a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
                                    TITLE

 2
           An act to provide protection to employees who report a vio-

 3
      lation or suspected violation of state, local, or federal law; to

 4
      provide protection to employees who participate in hearings,

 5
      investigations, legislative inquiries, or court actions; TO

 6
      PERMIT EMPLOYEES WHO REPORT A VIOLATION OR SUSPECTED VIOLATION OF

 7
      STATE, LOCAL, OR FEDERAL LAW TO RECEIVE A PORTION OF DAMAGES

 8
      RECOVERED IN CERTAIN CIVIL ACTIONS; TO PERMIT EMPLOYEES WHO

 9
      REPORT A VIOLATION OR SUSPECTED VIOLATION OF STATE, LOCAL, OR

10
      FEDERAL LAW TO COMMENCE A CIVIL ACTION AND RECEIVE A PORTION OF


   02793'01                                                 FDD
                                              2

 1
      DAMAGES RECOVERED UNDER CERTAIN CIRCUMSTANCES; and to prescribe

 2
      remedies and penalties.

 3
           SEC. 5A.  (1) IF AN EMPLOYEE REPORTS A VIOLATION OR A SUS-

 4
      PECTED VIOLATION OF A LAW OF THIS STATE OR OF THE UNITED STATES

 5
      OR OF A REGULATION OR RULE PROMULGATED UNDER THE LAWS OF THIS

 6
      STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR THE UNITED

 7
      STATES TO A PUBLIC BODY AND THE PUBLIC BODY COMMENCES A CIVIL

 8
      ACTION TO RECOVER DAMAGES INCURRED BY THAT PUBLIC BODY AS A

 9
      RESULT OF THAT VIOLATION OR SUSPECTED VIOLATION, THE EMPLOYEE WHO

10
      REPORTED THE VIOLATION OR SUSPECTED VIOLATION THAT WAS THE BASIS

11
      FOR THE CIVIL ACTION SHALL RECEIVE NOT LESS THAN 15% AND NOT MORE

12
      THAN 25% OF THE DAMAGES RECOVERED BY THAT PUBLIC BODY IN THAT

13
      CIVIL ACTION, AS DETERMINED BY THE COURT.

14
           (2) IF AN EMPLOYEE REPORTS A VIOLATION OR A SUSPECTED VIOLA-

15
      TION OF A LAW OF THIS STATE OR OF THE UNITED STATES OR OF A REGU-

16
      LATION OR RULE PROMULGATED UNDER THE LAWS OF THIS STATE, A POLIT-

17
      ICAL SUBDIVISION OF THIS STATE, OR THE UNITED STATES TO A PUBLIC

18
      BODY AND THE PUBLIC BODY DOES NOT BRING A CIVIL ACTION TO RECOVER

19
      DAMAGES INCURRED BY THAT PUBLIC BODY AS A RESULT OF THAT VIOLA-

20
      TION OR SUSPECTED VIOLATION WITHIN 180 DAYS AFTER THE VIOLATION

21
      OR SUSPECTED VIOLATION IS REPORTED, THE EMPLOYEE WHO REPORTED THE

22
      VIOLATION OR SUSPECTED VIOLATION MAY COMMENCE A CIVIL ACTION ON

23
      BEHALF OF THAT PUBLIC BODY.  IF THE EMPLOYEE PREVAILS IN A CIVIL

24
      ACTION BROUGHT UNDER THIS SUBSECTION, THE EMPLOYEE SHALL RECEIVE

25
      NOT LESS THAN 15% AND NOT MORE THAN 25% OF THE DAMAGES RECOVERED

26
      IN THAT CIVIL ACTION, AS DETERMINED BY THE COURT, TOGETHER WITH

27
      ALL ACTUAL COSTS AND ATTORNEY FEES.



   02793'01                   Final page.