Bill Text: MI HB5972 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Labor; sexual harassment; time limits for filing a sexual harassment complaint with the Michigan department of civil rights; establish minimum filing period. Amends sec. 601 of 1976 PA 453 (MCL 37.2601).

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Introduced - Dead) 2014-12-02 - Printed Bill Filed 11/14/2014 [HB5972 Detail]

Download: Michigan-2013-HB5972-Introduced.html

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HOUSE BILL No. 5972

 

November 13, 2014, Introduced by Reps. Roberts, Geiss, Townsend, Hovey-Wright, Abed, Darany, Faris, Lane, Haugh, Cochran, Cavanagh, Dillon, Yanez, Smiley, Brunner, Phelps, Singh, Barnett, Robinson, Lipton, Switalski, Rutledge, Slavens, Kandrevas, LaVoy, Stallworth, Driskell, Segal, Schor, Kosowski and Oakes and referred to the Committee on Judiciary.

 

     A bill to amend 1976 PA 453, entitled

 

"Elliott-Larsen civil rights act,"

 

by amending section 601 (MCL 37.2601).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 601. (1) The commission shall do all of the following:

 

     (a) Maintain a principal office in the city of Lansing and

 

other offices within the this state as it considers necessary.

 

     (b) Meet and exercise its powers at any place within the this

 

state.

 

     (c) Appoint an executive director, who shall be is the chief

 

executive officer of the department and exempt from civil service,

 

and appoint necessary hearing examiners.

 

     (d) Accept public grants, private gifts, bequests, or other

 

amounts or payments.

 

     (e) Prepare annually a comprehensive written report to the

 

governor. The report may contain recommendations adopted by the

 

commission for legislative or other action necessary to effectuate

 

the purposes and policies of this act.

 

     (f) Promulgate, amend, or repeal rules to carry out this act

 

pursuant to Act No. 306 of the Public Acts of 1969, as amended,

 

being sections 24.201 to 24.315 of the Michigan Compiled Laws.the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328. The commission shall not promulgate rules that limit the

 

time for filing a sexual harassment complaint with the department

 

to less than 365 days after the date of the most recent act of

 

alleged sexual harassment.

 

     (g) Request the services of a department or agency of the this

 

state or a political subdivision of the this state.

 

     (h) Promote and cooperate with a public or governmental agency

 

as in the commission's judgment will aid in effectuating the this

 

act and the state constitution of 1963.

 

     (i) Establish and promulgate rules governing its relationship

 

with local commissions, and establish criteria for certifying local

 

commissions for the deferring of complaints.

 

     (2) The commission may hold hearings, administer oaths, issue

 

preliminary notices to witnesses to appear, compel through court

 

authorization the attendance of witnesses and the production for

 

examination of books, papers, or other records relating to matters

 

before the commission, take the testimony of a person under oath,

 

and issue appropriate orders. The commission may promulgate rules

 

as to the issuance of preliminary notices to appear.

 

     (3) A majority of the members of the commission constitutes a

 

quorum. A majority of the members is required to take action on

 

matters not of a ministerial nature, but a majority of a quorum may

 

deal with ministerial matters. A vacancy in the commission shall

 

does not impair the right of the remaining members to exercise the

 

powers of the commission. The members of the commission shall

 

receive a per diem compensation and shall be reimbursed for the

 

actual and necessary expenses incurred in the performance of their

 

duties. The per diem compensation of the commission and the

 

schedule for reimbursement of the expenses shall be established

 

annually by the legislature.

 

     (4) The business which that the commission may perform

 

performs shall be conducted at a public meeting of the commission

 

held in compliance with Act No. 267 of the Public Acts of 1976,

 

being sections 15.261 to 15.275 of the Michigan Compiled Laws.

 

Public notice of the time, date, and place of the meeting shall be

 

given in the manner required by Act No. 267 of the Public Acts of

 

1976.the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (5) A writing prepared, owned, used, in the possession of, or

 

retained by the commission in the performance of an official

 

function shall be made available to the public in compliance with

 

Act No. 442 of the Public Acts of 1976, being sections 15.231 to

 

15.246 of the Michigan Compiled Laws.the freedom of information

 

act, 1976 PA 442, MCL 15.231 to 15.246.