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MI HB6423

Bill

Status

Introduced

10/3/2018

Primary Sponsor

Steven Marino

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Origin

House of Representatives

99th Legislature

AI Summary

  • Allows a certificate of employability issued under Michigan's corrections code to be introduced as evidence of due care in hiring, retaining, licensing, or otherwise engaging with individuals, if the employer knew of the certificate at the time of hiring.

  • Establishes that a certificate of employability conclusively proves an employer did not act negligently in hiring an individual when a negligent hiring claim requires proof the employer disregarded a prior criminal conviction.

  • Provides employers immunity from negligent retention liability if an employee with a certificate of employability later demonstrates dangerousness or is convicted of a subsequent felony, unless the employer had actual knowledge or should have known of the danger and willfully retained the employee.

  • Preserves all existing employer duties and requirements under other laws regarding background checks and verification of employee qualifications, and does not relieve employers from liability for failure to comply with such requirements.

  • Does not create new affirmative duties for employers regarding employees with certificates of employability.

Legislative Description

Torts; liability; limited liability for employers that employ individuals issued a certificate of employability; modify. Amends sec. 2956a of 1961 PA 236 (MCL 600.2956a).

Corrections: other

Last Action

Bill Electronically Reproduced 10/03/2018

10/4/2018

Committee Referrals

Law And Justice10/3/2018

Full Bill Text

No bill text available