HOUSE BILL No. 5307 October 23, 2001, Introduced by Reps. Hale, Thomas, Bogardus, McConico, Woodward, Drolet, DeWeese, Clark, Lipsey and Lemmons and referred to the Committee on Civil Law and the Judiciary. A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending section 605 (MCL 37.2605), as amended by 1992 PA 124. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 605. (1) If the commission, after a hearing on a 2 charge issued by the department, determines that the respondent 3 has violated this act,or the handicappers' civil rights act,4Act No. 220 of the Public Acts of 1976, being sections 37.1101 to537.1607 of the Michigan Compiled LawsTHE PERSONS WITH DISABILI- 6 TIES CIVIL RIGHTS ACT, 1976 PA 220, MCL 37.1101 TO 37.1607, OR 7 THE MICHIGAN RACIAL PROFILING AND REPORT STATISTICS ACT, the com- 8 mission shall state its findings of fact and conclusions of law 9 and shall issue a final order requiring the respondent to cease 10 and desist from the discriminatory practice and to take such 04202'01 LTB 2 1 other action as itdeemsCONSIDERS necessary to secure equal 2 enjoyment and protection of civil rights. If at a hearing on a 3 charge, a pattern or practice of discrimination prohibited by 4 this act,or Act No. 220 of the Public Acts of 1976THE PERSONS 5 WITH DISABILITIES CIVIL RIGHTS ACT, 1976 PA 220, MCL 37.1101 TO 6 37.1607, OR THE MICHIGAN RACIAL PROFILING AND REPORT STATISTICS 7 ACT appears in the evidence, the commission may, upon its own 8 motion or on motion of the claimant, amend the pleadings to con- 9 form to the proofs, make findings, and issue an order based on 10 those findings. A copy of the order shall be delivered to the 11 respondent, the claimant, the attorney general, and to other 12 public officers and persons as the commissiondeemsCONSIDERS 13 proper. 14 (2) Action ordered under this section may include, but is 15 not limited to, 1 OR MORE OF THE FOLLOWING: 16 (a) Hiring, reinstatement, or upgrading of employees with or 17 without back pay. 18 (b) Admission or restoration of individuals to labor organi- 19 zation membership, admission to or participation in a guidance 20 program, apprenticeship training program, on the job training 21 program, or other occupational training or retraining program, 22 with the utilization of objective criteria in the admission of 23 persons to those programs. 24 (c) Admission of persons to a public accommodation or an 25 educational institution. 26 (d) Sale, exchange, lease, rental, assignment, or sublease 27 of real property to a person. 04202'01 3 1 (e) Extension to all persons of the full and equal enjoyment 2 of the goods, services, facilities, privileges, advantages, or 3 accommodations of the respondent. 4 (f) Reporting as to the manner of compliance. 5 (g) Requiring the posting of notices in a conspicuous place 6whichTHAT the commission may publish or cause to be published 7 setting forth requirements for compliance with civil rights law 8 or other relevant informationwhichTHAT the commission deter- 9 mines necessary to explain those laws. 10 (h) Payment to an injured party of profits obtained by the 11 respondent through a violation of section 506 of this act or of 12Act No. 220 of the Public Acts of 1976THE PERSONS WITH DIS- 13 ABILITIES CIVIL RIGHTS ACT, 1976 PA 220, MCL 37.1101 TO 37.1607. 14 (i) Payment to the complainant of damages for an injury or 15 loss caused by a violation of this act, including a reasonable 16 attorney's fee. 17 (j) Payment to the complainant of all or a portion of the 18 costs of maintaining the action before the commission, including 19 reasonable attorney fees and expert witness fees, if the commis- 20 sion determines that award to be appropriate. 21 (k) Payment of a civil fine for a violation of article5V 22 of this act, an amount directly related to the cost to the state 23 for enforcing this statute not to exceed 1 OF THE FOLLOWING: 24 (i) $10,000.00 for the first violation. 25 (ii) $25,000.00 for the second violation within a 5-year 26 period. 04202'01 4 1 (iii) $50,000.00 for 2 or more violations within a 7-year 2 period. 3 (l) Other relief the commissiondeemsCONSIDERS 4 appropriate. 5 (3)In the case ofIF a respondent IS operating by virtue 6 of a license issued bytheTHIS state, a political subdivision, 7 or an agency oftheTHIS state or political subdivision,if8 AND the commission, upon notice and hearing, determines that the 9 respondent has violated this act and that the violation was 10 authorized, requested, commanded, performed, or knowingly permit- 11 ted by the board of directors of the respondent or by an officer 12 or executive agent acting within the scope of his or her employ- 13 ment, the commission shall so certify to the licensing agency. 14 Unless the commission's finding is reversed in the course of 15 judicial review, the finding of the commission may be grounds for 16 revocation of the respondent's license. 17 (4)In the case ofIF a respondentwhoviolates this act 18 in the course of performing under a contract or subcontract with 19theTHIS state, a political subdivision, or an agency ofthe20 THIS state or political subdivision,whereAND the violation 21 was authorized, requested, commanded, performed, or knowingly 22 permitted by the board of directors of the respondent or by an 23 officer or executive agent acting within the scope of his or her 24 employment, the commission shall so certify to the contracting 25 agency. Unless the commission's finding is reversed in the 26 course of judicial review, the finding is binding on the 27 contracting agency. 04202'01 5 1 Enacting section 1. This amendatory act does not take 2 effect unless House Bill No. 4927 of the 91st Legislature is 3 enacted into law. 04202'01 Final page. LTB