May 30, 2018, Introduced by Rep. Sabo and referred to the Committee on Government Operations.
A bill to amend 2011 PA 152, entitled
"Publicly funded health insurance contribution act,"
by amending the title and section 9 (MCL 15.569) and by adding
section 3a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to limit a public employer's expenditures for employee
medical benefit plans; to prohibit a public employer from
withholding certain benefits from its employees who opt out of a
medical benefit plan; to provide the power and duties of certain
state agencies and officials; to provide for exceptions; and to
provide for sanctions and remedies.
Sec. 3a. (1) A public employer that offers or contributes to a
medical benefit plan for its employees or elected public officials
shall not require an employee or elected public official who opts
out of the medical benefit plan, or the employee's or public
official's spouse or dependent, to participate in an exit interview
or exit program as a condition of receiving a benefit the public
employer offers to employees or public officials who opt out of the
medical benefit plan.
(2) A public employer that violates or threatens or attempts
to violate subsection (1) is liable to an employee or public
official affected by the violation, threat, or attempt for damages
equal to the opt-out benefit that the employee or public official
did receive or would have received. An employee or public official
affected by the violation, threat, or attempt may bring a civil
action for damages or injunctive relief, or both. In addition, a
court shall award court costs and reasonable attorney fees to an
employee or public official who prevails in an action brought under
this subsection.
(3) The attorney general may bring an action under subsection
(2) on behalf of 1 or more employees or public officials affected
by a violation or threatened or attempted violation of subsection
(1).
Sec.
9. If Except for a
violation of section 3a, if a public
employer fails to comply with this act, the public employer shall
permit the state treasurer to reduce by 10% each economic vitality
incentive program payment received under 2011 PA 63 and the
department of education shall assess the public employer a penalty
equal to 10% of each payment of any funds for which the public
employer qualifies under article I of the state school aid act of
1979, 1979 PA 94, MCL 388.1601 to 388.1772, during the period that
the public employer fails to comply with this act. Any reduction
setoff or penalty amounts recovered shall be returned to the fund
from which the reduction is assessed or upon which the penalty is
determined. The department of education may also refer the penalty
collection to the department of treasury for collection consistent
with section 13 of 1941 PA 122, MCL 205.13.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.