Bill Text: MI HB4690 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Occupations; forensic polygraph examiners; examiners authorized to conduct polygraph examination of employees or applicants; revise. Amends sec. 3 of 1982 PA 44 (MCL 37.203). TIE BAR WITH: HB 4689'13
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-05-07 - Printed Bill Filed 05/03/2013 [HB4690 Detail]
Download: Michigan-2013-HB4690-Introduced.html
HOUSE BILL No. 4690
May 2, 2013, Introduced by Reps. Graves and Denby and referred to the Committee on Regulatory Reform.
A bill to amend 1982 PA 44, entitled
"Polygraph protection act of 1981,"
by amending section 3 (MCL 37.203).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Except as provided in this section, an employer or
employment agency shall not as a condition of employment,
promotion, or change in status of employment, or as an express or
implied condition of a benefit or privilege of employment, do any
of the following:
(a) Request or require that an employee or applicant for
employment take or submit to a polygraph examination.
(b) Administer, cause to be administered, threaten to
administer, or attempt to administer a polygraph examination to an
employee or applicant for employment.
(c) Require that an employee or applicant for employment give
an express or implied waiver of a practice prohibited by this act.
or
section 19 of Act No. 295 of the Public Acts of 1972, as
amended,
being section 338.1719 of the Michigan Compiled Laws.
(2) This section does not prohibit an employee or applicant
for employment from voluntarily requesting a polygraph examination.
(3) If an employee or applicant requests a polygraph
examination, this section does not prohibit an employer or
employment agency from administering a polygraph examination as
provided
in subsection (7).(6).
(4) An employee or applicant for employment who voluntarily
requests a polygraph examination shall receive from the employer or
employment
agency a copy of this section and section 19 of Act No.
295
of the Public Acts of 1972, as amended, before the employee or
applicant for employment voluntarily takes the polygraph
examination.
(5) An employer shall not refuse to hire an applicant for
employment because the applicant refuses or declines a polygraph
examination.
(6)
If an employee or applicant for employment voluntarily
requests
a polygraph examination, an employer or employment agency
shall
not use or employ the services of an intern or an examiner
who
is not licensed under Act No. 295 of the Public Acts of 1972,
as
amended, being sections 338.1701 to 338.1729 of the Michigan
Compiled
Laws, for the detection of deception, verification of
truthfulness,
or measuring or recording the presence or absence of
stress
in the vocal response of the employee or applicant for
employment.
(6) (7)
If an employee or applicant for
employment voluntarily
requests a polygraph examination, the examiner shall do all of the
following:
(a)
Not ask questions that are prohibited under section 19(j)
of
Act No. 295 of the Public Acts of 1972, as amended.
(a) (b)
Inform the employee or applicant
for employment of all
specific question areas to be explored before their actual
exploration during the examination.
(b) (c)
Inform the employee or applicant
for employment of all
of the following:
(i) The employee or applicant for employment has the right to
accept or refuse the examination.
(ii) The employee or applicant for employment has the right to
halt an examination in progress at any time.
(iii) The employee or applicant for employment is not required
to answer any questions or give any information.
(iv) Any information the employee or applicant for employment
volunteers could be used against the employee or applicant for
employment, or made available to the employer, unless otherwise
specified and agreed to in writing by the employee or applicant for
employment.
(c) (d)
Provide the employee or applicant
for employment with
a copy of the examination results and all reports or analyses done
by the examiner which are shared with the employer.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4689(request no.
02041'13) of the 97th Legislature is enacted into law.
