January 9, 2014, Introduced by Reps. Walsh, Shirkey, Haveman and Robinson and referred to the Committee on Commerce.
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 234d 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 the alleged negligence or other fault.
(2) 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, a certificate of employability
issued to an individual under section 234d of the corrections code
of 1953, 1953 PA 232, MCL 791.234d, provides immunity for the
employer as to the claim, if the employer knew of the certificate
at the time of the alleged negligence.
(3) If an individual who has been issued a certificate of
employability under section 234d 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 had been convicted of or pleaded guilty to the
subsequent felony, and the person was willful in retaining the
individual as an employee.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5216 (request no.
03559'13) of the 97th Legislature is enacted into law.