WHISTLEBLOWER PROTECTIONS FOR REPORTING MARITIME VIOLATIONS TO U.S. COAST GUARD

House Bill 6398 as introduced

Sponsor:  Rep. Sue Allor

Committee:  Michigan Competitiveness

Complete to 10-1-18

SUMMARY:

House Bill 6398 would amend the Whistleblowers’ Protection Act to provide employment protections for an individual who reports or is about to report to the U.S. Coast Guard or another federal agency regarding an actual or suspected violation of state law regarding anchorage or a maritime safety law or regulation.

The Whistleblowers’ Protection Act currently prohibits an employer from firing, threatening, or taking discriminatory action against an employee (e.g., with regard to pay or other conditions of employment) because the employee, or someone acting on his or her behalf, reports or is about to report a violation or suspected violation of law to a law enforcement agency or to an agency or employee of state or local government or because the employee is requested by a public body to participate in an investigation, hearing, or court action. The protections do not apply if the employee knows that his or her report is false.

The bill would prohibit an employer from taking those actions against an employee because the employee, or someone acting on his or her behalf, reported or was about to report a violation or suspected violation of a state law regarding anchorage or a maritime safety law or regulation to the U.S. Coast Guard or other appropriate federal agency or because the employee was requested by the Coast Guard or other federal agency to participate in an investigation, hearing, or court action. These protections would not apply if the employee knew his or her report to be false.

The bill would take effect 90 days after enactment.

MCL 15.362 and 15.367

FISCAL IMPACT:

House Bill 6398 would have no fiscal impact on the state or on local units of government.

                                                                                         Legislative Analyst:   Rick Yuille

                                                                                                Fiscal Analysts:   Robin Risko

                                                                                                                           Mary Ann Cleary

■ 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.