October 3, 2018, Introduced by Rep. Marino and referred to the Committee on Law and Justice.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2956a (MCL 600.2956a), as added by 2014 PA 360.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2956a. (1) In an action based on tort or another legal
theory seeking damages for personal injury, property damage, or
wrongful death, a certificate of employability issued to an
individual under section 34d of the corrections code of 1953, 1953
PA 232, MCL 791.234d, may be introduced as evidence of a person's
due care in hiring, retaining, licensing, leasing to, admitting to
a school or program, or otherwise transacting business or engaging
in activity with the individual to whom the certificate of
employability was issued, if the person knew of the certificate at
the time of hiring, retaining, licensing, leasing to, admitting to
a school or program, or otherwise transacting business or engaging
in activity with the individual.
(2) Except as otherwise provided in this subsection, in an
action based on tort or another legal theory seeking damages for
personal injury, property damage, or wrongful death, if a claim
against an employer requires proof that the employer was negligent
in hiring an individual by disregarding a prior criminal
conviction, a certificate of employability issued to an individual
under section 34d of the corrections code of 1953, 1953 PA 232, MCL
791.234d, conclusively establishes that the employer did not act
negligently in hiring the individual, if the employer knew of the
certificate at the time of hire.
(3) If an individual who has been issued a certificate of
employability under section 34d of the corrections code of 1953,
1953 PA 232, MCL 791.234d, is hired and subsequently demonstrates
that he or she is a danger to individuals or property or is
convicted of or pleads guilty to a felony, an employer who retains
the individual as an employee is not liable in a civil action that
requires proof that the employer was negligent in retaining the
individual as an employee unless a preponderance of the evidence
establishes that the person having hiring and firing responsibility
for the employer had actual knowledge, or that a reasonable person
in that position should have known, that the individual was
dangerous or that the individual had been convicted of or pleaded
guilty to the subsequent felony, and the person was willful in
retaining the individual as an employee.
(4) This section does not relieve an employer from a duty or
requirement established in another law concerning a background
check or verification that an individual is qualified for a
position, and does not relieve the employer of liability arising
from failure to comply with any such law.
(5) This section does not create any affirmative duty or
otherwise alter an employer's obligation to or regarding an
employee with a certificate of employability issued under section
34d of the corrections code of 1953, 1953 PA 232, MCL 791.234d.