HOUSE BILL No. 4704


     May 2, 2001, Introduced by Reps. Bernero, Minore, Plakas, Lipsey, Mans, Waters, Hale, Pappageorge, Murphy, Reeves, Spade, Rivet and Switalski
and referred to the Committee on Employment Relations, Training and Safety.


        A bill to amend 1980 PA 469, entitled

   "The whistleblowers' protection act,"

   by amending sections 1 and 5 (MCL 15.361 and 15.365).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 1.  As used in this act:

 2
           (a) "Employee" means a person who performs a service for

 3
      wages or other remuneration under a contract of hire, written or

 4
      oral, express or implied.  Employee includes,  a  BUT IS NOT

 5
      LIMITED TO, ALL OF THE FOLLOWING:

 6
           (i) A person employed by  the  THIS state or a political

 7
      subdivision of  the  THIS state, except A PERSON IN THE state

 8
      classified civil service SYSTEM.

 9
           (ii) A PERSON WHO PERFORMS SERVICES ON BEHALF OF THIS STATE

10
      PURSUANT TO A CONTRACT BETWEEN THAT PERSON'S EMPLOYER AND THIS

11
      STATE.


   02603'01                                                 FDD                                   2

 1
           (b) "Employer" means a person who has 1 or more employees.

 2
      Employer includes,  an  BUT IS NOT LIMITED TO, ALL OF THE

 3
      FOLLOWING:

 4
           (i) AN agent of an employer.  and the

 5
           (ii) THIS state or a political subdivision of  the  THIS

 6
      state.

 7
           (c) "Person" means an individual, sole proprietorship, part-

 8
      nership, corporation, association, or any other legal entity.

 9
           (d) "Public body" means all of the following:

10
           (i) A state officer, employee, agency, department, division,

11
      bureau, board, commission, council, authority, or other body in

12
      the executive branch of state government.

13
           (ii) An agency, board, commission, council, member, or

14
      employee of the legislative branch of state government.

15
           (iii) A county, city, township, village, intercounty, inter-

16
      city, or regional governing body, a council, school district,

17
      special district, or municipal corporation, or a board, depart-

18
      ment, commission, council, agency, or any member or employee

19
      thereof.

20
           (iv) Any other body  which  THAT is created by state or

21
      local authority or  which  THAT is primarily funded by or through

22
      state or local authority, or any member or employee of that

23
      body.

24
           (v) A law enforcement agency or any member or employee of a

25
      law enforcement agency.

26
           (vi) The judiciary and any member or employee of the

27
      judiciary.


    02603'01                                   3

 1
           Sec. 5.  (1) A person, EMPLOYER, OR AGENT OF AN EMPLOYER who

 2
      violates this act  shall be  IS liable for a civil fine of not

 3
      more than  $500.00  $10,000.00.

 4
           (2) A civil fine  which is  ordered  pursuant to  UNDER
   this

 5
      act shall be submitted to the state treasurer for deposit in the

 6
      general fund.












































   02603'01          Final page.                            FDD