Bill Text: MI HB4479 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Legislature; legislators; requiring employee of the legislative branch of state government to contribute to an election; prohibit. Amends secs. 1, 5 & 6 of 1976 PA 169 (MCL 15.401 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-20 - Bill Electronically Reproduced 04/19/2017 [HB4479 Detail]

Download: Michigan-2017-HB4479-Introduced.html

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HOUSE BILL No. 4479

 

 

April 19, 2017, Introduced by Reps. Sneller, Pagan, Elder, Camilleri, Sabo, Rabhi, Moss and Wittenberg and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1976 PA 169, entitled

 

"An act to regulate certain political activities by certain public

employees; to prescribe the powers and duties of certain state

agencies; and to provide penalties,"

 

by amending sections 1, 5, and 6 (MCL 15.401, 15.405, and 15.406).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act, "public employee" means an

 

employee of the state classified civil service, an employee of the

 

legislative branch of state government, or an employee of a

 

political subdivision of the this state who is not an elected

 

official.

 

     Sec. 5. A public employer, public employee, or an elected or

 

appointed official may not personally, or through an agent, coerce,

 

attempt to coerce, or command another public employee to pay, lend,

 

or contribute anything of value to a party, committee,

 

organization, agency, or person for the to benefit of a person

 

seeking or holding elected office, or for the purpose of furthering

 

to further or defeating defeat a proposed law, ballot question, or

 

other measure that may be submitted to a vote of the electors.

 

     Sec. 6. (1) An employee of the legislative branch of state

 

government or an employee of a political subdivision of this state

 

whose rights under this act are violated or who is subjected to any

 

of the actions prohibited by section 5 may make file a complaint to

 

that effect with the department of labor. licensing and regulatory

 

affairs. The department of licensing and regulatory affairs shall

 

hold a hearing to determine whether a violation has occurred. If a

 

violation has occurred, the department of licensing and regulatory

 

affairs shall so state on the record and may order any of the

 

following:

 

     (a) Issuance of back pay.

 

     (b) Reinstatement as an employee.

 

     (c) Attorney fees.

 

     (d) Reinstatement of all work-related benefits, rights, or

 

privileges which, that, but for the violation by the employer,

 

would have been accrued by the employee.

 

     (2) Upon motion by the department of licensing and regulatory

 

affairs to the circuit court, the court may issue an injunction to

 

enforce the order of the department of licensing and regulatory

 

affairs.

 

     (3) The department of civil service commission shall

 

promulgate rules for hearing alleged violations of this act by a

state employee.

 

     (4) The department of labor licensing and regulatory affairs

 

shall promulgate rules for hearing alleged violations of this act

 

by an employee of the legislative branch of state government or an

 

employee of a political subdivision of this state. The rules

 

department of licensing and regulatory affairs shall be promulgated

 

promulgate the rules pursuant to Act No. 306 of the Public Acts of

 

1969, as amended.the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.201 to 24.328.