PROHIBIT LOCAL ORDINANCES

REGULATING INTERVIEW INFORMATION

Senate Bill 353 as passed by the Senate

Sponsor:  Sen. John Proos

House Committee:  Commerce and Trade

Senate Committee:  Commerce

Complete to 2-16-18

SUMMARY:

Senate Bill 353 would amend the Local Government Labor Regulatory Limitations Act to prohibit a local government from regulating information requested or provided during an employment interview.

Currently under the act, a local governmental body is prohibited from adopting, enforcing, or administering an ordinance, policy, or resolution that regulates information an employer or potential employer must request, require, or exclude on an application for employment from an employee or potential employee.

The bill would expand this prohibition to also apply during the interview process; that is, the existing prohibition on regulating information on employment applications would apply to both applications and interviews.

Local governmental body is defined in the act as any local government or its subdivision, including a city, village, township, county or educational institution; a local public authority, agency, board, commission, or other local governmental, quasi-governmental, or quasi-public body; or a public body that acts or purports to act in a commercial, business, economic development, or similar capacity for a local government or its subdivisions. Local governmental body does not include an authority established by interlocal agreement under the Urban Cooperation Act of 1967 to which the state is a party.

Employer is defined as a person or entity engaging in or intending to engage in a commercial activity, enterprise, or business in Michigan, but excludes a local governmental body or an educational institution.

The bill would take effect 90 days after being enacted into law.

MCL 123.1384

FISCAL IMPACT:

The provisions of the bill would have no fiscal impact on state or local units of government.

                                                                                         Legislative Analyst:   Patrick Morris

                                                                                                 Fiscal Analyst:   Ben Gielczyk

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.