January 30, 2018, Introduced by Senators HUNE, ANANICH, STAMAS, BIEDA, HOPGOOD, JONES, HORN, HOOD, COLBECK and GREGORY and referred to the Committee on Government Operations.
A bill to amend 1980 PA 469, entitled
"The whistleblowers' protection act,"
by amending sections 1, 2, and 3 (MCL 15.361, 15.362, and 15.363),
section 3 as amended by 1982 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Employee" means a person who performs a service for wages
or other remuneration under a contract of hire, written or oral,
express
or implied. Employee includes a person employed by the this
state
or a political subdivision of the this state except state
classified civil service.
(b) "Employer" means a person who has 1 or more employees.
Employer
includes an agent of an employer and the this state or a
political
subdivision of the this state.
(c) "Person" means an individual, sole proprietorship,
partnership, corporation, association, or any other legal entity.
(d) "Public body" means all of the following:
(i) A state officer, employee, agency, department, division,
bureau, board, commission, council, authority, or other body in the
executive branch of state government.
(ii) An agency, board, commission, council, member, or
employee of the legislative branch of state government.
(iii) A county, city, township, village, intercounty,
intercity, or regional governing body, a council, school district,
special district, or municipal corporation, or a board, department,
commission, council, agency, or any member or employee thereof.
(iv) Any other body which is created by state or local
authority or which is primarily funded by or through state or local
authority, or any member or employee of that body.
(v) A law enforcement agency or any member or employee of a
law enforcement agency.
(vi) The judiciary and any member or employee of the
judiciary.judicial branch of state government.
(e) "State employee ombudsman" means the state employee
ombudsman appointed in the state employee ombudsman act.
Sec.
2. An Unless the employee
knows the report is false, an
employer shall not discharge, threaten, or otherwise discriminate
against an employee regarding the employee's compensation, terms,
conditions, location, or privileges of employment because the
employee, or a person acting on behalf of the employee, reports or
is about to report, verbally or in writing, a violation or a
suspected violation of a law or regulation or rule promulgated
pursuant to law of this state, a political subdivision of this
state,
or the United States to a public body, unless the employee
knows
that the report is false, the
press, or the state employee
ombudsman, or because an employee is requested by a public body or
the state employee ombudsman to participate in an investigation,
hearing,
or inquiry held by that public body
, or the state
employee ombudsman or in a court action.
Sec. 3. (1) A person who alleges a violation of this act may
bring a civil action for appropriate injunctive relief, or actual
damages, or both within 90 days after the occurrence of the alleged
violation of this act.
(2)
An action commenced pursuant to under
subsection (1) may
be brought in the circuit court for the county where the alleged
violation occurred, the county where the complainant resides, or
the county where the person against whom the civil complaint is
filed resides or has his or her principal place of business.
(3) As used in subsection (1), "damages" means damages for
injury or loss caused by each violation of this act, including
reasonable attorney fees.
(4)
An In an action under
subsection (1), an employee shall
show by clear and convincing evidence that he or she or a person
acting on his or her behalf was about to report, verbally or in
writing, a violation or a suspected violation of a law of this
state, a political subdivision of this state, or the United States
to a public body, the press, or the state employee ombudsman.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 788
of the 99th Legislature is enacted into law.