HOUSE BILL No. 6214


     June 18, 2002, Introduced by Reps. Kolb, McConico, Jacobs and Lemmons and referred to the Committee on Employment
Relations, Training and Safety.


        A bill to amend 1936 (Ex Sess) PA 1, entitled

   "Michigan employment security act,"

   (MCL 421.1 to 421.75) by adding section 28b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 28B.  (1) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS

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        ACT, AN OTHERWISE ELIGIBLE INDIVIDUAL IS NOT INELIGIBLE FOR BENE-

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        FITS IF THE INDIVIDUAL ESTABLISHES TO THE SATISFACTION OF THE

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        COMMISSION THAT THE REASON FOR THE INDIVIDUAL'S LEAVING WORK IS

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        DUE TO DOMESTIC VIOLENCE, INCLUDING ANY OF THE FOLLOWING:

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             (A) THE INDIVIDUAL'S REASONABLE FEAR OF FUTURE DOMESTIC VIO-

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        LENCE AT OR EN ROUTE TO OR FROM THE INDIVIDUAL'S PLACE OF

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        EMPLOYMENT.

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             (B) THE INDIVIDUAL'S NEED TO RELOCATE TO ANOTHER GEOGRAPHIC

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        AREA IN ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.




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             (C) THE INDIVIDUAL'S NEED TO ADDRESS THE PHYSICAL,

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        PSYCHOLOGICAL, AND LEGAL EFFECTS OF DOMESTIC VIOLENCE.

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             (D) THE INDIVIDUAL'S NEED TO LEAVE EMPLOYMENT AS A CONDITION

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        OF RECEIVING SERVICES OR SHELTER FROM AN AGENCY THAT PROVIDES

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        SUPPORT SERVICES OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.

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             (E) THE INDIVIDUAL REASONABLY BELIEVES THAT TERMINATION OF

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        EMPLOYMENT IS NECESSARY FOR THE FUTURE SAFETY OF THE INDIVIDUAL

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        OR THE INDIVIDUAL'S FAMILY BECAUSE OF DOMESTIC VIOLENCE.

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             (2) AN INDIVIDUAL MAY DEMONSTRATE TO THE COMMISSION THE

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        EXISTENCE OF DOMESTIC VIOLENCE BY PROVIDING 1 OR MORE OF THE

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        FOLLOWING:

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             (A) A RESTRAINING ORDER OR OTHER DOCUMENTATION OF EQUITABLE

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        RELIEF ISSUED BY A COURT OF COMPETENT JURISDICTION.

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             (B) A POLICE RECORD DOCUMENTING DOMESTIC VIOLENCE.

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             (C) DOCUMENTATION THAT THE PERPETRATOR OF THE DOMESTIC VIO-

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        LENCE AGAINST THE INDIVIDUAL MAKING A CLAIM FOR BENEFITS UNDER

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        THIS ACT HAS BEEN CONVICTED OF A CRIME INVOLVING DOMESTIC VIO-

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        LENCE AS THAT TERM IS DEFINED IN SECTION 1 OF 1978 PA 389, MCL

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        400.1501, IN WHICH THE VICTIM WAS A FAMILY OR HOUSEHOLD MEMBER.

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             (D) MEDICAL DOCUMENTATION OF DOMESTIC VIOLENCE.

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             (E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER,

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        HEALTH WORKER, MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVO-

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        CATE, OR OTHER PROFESSIONAL WHO HAS ASSISTED THE INDIVIDUAL IN

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        ADDRESSING THE EFFECTS OF THE DOMESTIC VIOLENCE ON THE INDIVIDUAL

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        OR THE INDIVIDUAL'S FAMILY.

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             (F) A SWORN STATEMENT FROM THE INDIVIDUAL ATTESTING TO

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        DOMESTIC VIOLENCE.



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             (3) NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY AN

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        INDIVIDUAL, INCLUDING THE INDIVIDUAL'S STATEMENT AND CORROBORAT-

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        ING EVIDENCE, SHALL BE DISCLOSED BY THE EMPLOYMENT SECURITY

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        COMMISSION.

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             (4) AS USED IN THIS SECTION:

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             (A) "ABUSE" MEANS ANY OF THE FOLLOWING:

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             (i) CAUSING OR ATTEMPTING TO CAUSE PHYSICAL HARM.

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             (ii) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS

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        PHYSICAL HARM.

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             (iii) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN

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        SEXUAL RELATIONS BY FORCE, THREAT, OR DURESS OR THREATENING TO

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        CAUSE ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL

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        RELATIONS.

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             (iv) ENGAGING IN MENTAL ABUSE, WHICH INCLUDES THREATS,

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        INTIMIDATION, AND ACTS DESIGNED TO INDUCE TERROR.

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             (v) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD,

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        OR OTHER NECESSITIES OF LIFE.

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             (vi) RESTRAINING THE LIBERTY OF ANOTHER PERSON.

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             (B) "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN

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        EMPLOYEE OR AN EMPLOYEE'S DEPENDENT CHILD BY ANY OF THE

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        FOLLOWING:

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             (i) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE.

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             (ii) A PERSON WITH WHOM THE EMPLOYEE SHARES A CHILD IN

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        COMMON.

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             (iii) A PERSON WHO IS COHABITATING WITH, OR WHO HAS COHABI-

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        TATED WITH, THE EMPLOYEE.





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             (iv) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE.

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             (v) A PERSON WITH WHOM THE EMPLOYEE HAS A DATING OR

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        ENGAGEMENT RELATIONSHIP OR HAD A DATING OR ENGAGEMENT

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        RELATIONSHIP.
















































   06947'02          Final page.                            LAJ