HB-5217, As Passed House, April 29, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5217

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 2956a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2956a. (1) In an action based on tort or another legal

theory seeking damages for personal injury, property damage, or

wrongful death, a certificate of employability issued to an

individual under section 34d of the corrections code of 1953, 1953

PA 232, MCL 791.234d, may be introduced as evidence of a person's

due care in hiring, retaining, licensing, leasing to, admitting to

a school or program, or otherwise transacting business or engaging

in activity with the individual to whom the certificate of

employability was issued, if the person knew of the certificate at

the time of hiring, retaining, licensing, leasing to, admitting to

a school or program, or otherwise transacting business or engaging

in activity with the individual.

     (2) Except as otherwise provided in this subsection, in an

action based on tort or another legal theory seeking damages for

personal injury, property damage, or wrongful death, if a claim

against an employer requires proof that the employer was negligent

in hiring an individual by disregarding a prior criminal

conviction, a certificate of employability issued to an individual

under section 34d of the corrections code of 1953, 1953 PA 232, MCL

791.234d, conclusively establishes that the employer did not act

negligently in hiring the individual, if the employer knew of the

certificate at the time of hire.

     (3) If an individual who has been issued a certificate of

employability under section 34d of the corrections code of 1953,

1953 PA 232, MCL 791.234d, is hired and subsequently demonstrates

that he or she is a danger to individuals or property or is

convicted of or pleads guilty to a felony, an employer who retains

the individual as an employee is not liable in a civil action that

requires proof that the employer was negligent in retaining the

individual as an employee unless a preponderance of the evidence

establishes that the person having hiring and firing responsibility

for the employer had actual knowledge that the individual was

dangerous or that the individual had been convicted of or pleaded

guilty to the subsequent felony, and the person was willful in

retaining the individual as an employee.

     (4) This section does not relieve an employer from a duty or

requirement established in another law concerning a background

check or verification that an individual is qualified for a

position, and does not relieve the employer of liability arising

from failure to comply with any such law.

     (5) This section does not create any affirmative duty or

otherwise alter an employer's obligation to or regarding an

employee with a certificate of employability issued under section

34d of the corrections code of 1953, 1953 PA 232, MCL 791.234d.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5216 of the 97th Legislature is enacted into

law.