HOUSE BILL No. 5769


     April 23, 1998, Introduced by Reps. Stallworth, Kilpatrick, Hale and Thomas and referred to the Committee on Labor and Occupational Safety.


        A bill to amend 1976 PA 453, entitled

   "Elliott-Larsen civil rights act,"

   by amending sections 602, 603, and 604 (MCL 37.2602, 37.2603, and

   37.2604), section 602 as amended by 1992 PA 258, and by adding

   section 212.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 212.  A PERSON WHO VIOLATES THIS ARTICLE IS GUILTY OF A

 2    CRIME AS FOLLOWS:

 3         (A) FOR A FIRST VIOLATION, THE PERSON IS GUILTY OF A MISDE-

 4    MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 6 MONTHS OR A

 5    FINE OF NOT MORE THAN $10,000.00.

 6         (B) FOR A SECOND OR SUBSEQUENT VIOLATION, THE PERSON IS

 7    GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1

 8    YEAR OR A FINE OF NOT MORE THAN $50,000.00, OR BOTH.




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 1         Sec. 602.  The department shall:

 2         (a) Be responsible to the executive director, who shall be

 3    the principal executive officer of the department and shall be

 4    responsible for executing the policies of the commission.

 5         (b) Appoint necessary employees and agents and fix their

 6    compensation in accordance with civil service rules.  The attor-

 7    ney general shall appear for and represent the department or the

 8    commission in a court having jurisdiction of a matter under this

 9    act.

10         (c) Receive, initiate, investigate, conciliate, adjust, dis-

11    pose of, issue charges, and hold hearings on complaints, OTHER

12    THAN COMPLAINTS ARISING UNDER ARTICLE 2, alleging a violation of

13    this act, and approve or disapprove plans to correct past dis-

14    criminatory practices which have caused or resulted in a denial

15    of equal opportunity with respect to groups or persons protected

16    by this act.

17         (d) Require answers to interrogatories, order the submission

18    of books, papers, records, and other materials pertinent to a

19    complaint DESCRIBED IN SUBDIVISION (C), and require the

20    attendance of witnesses, administer oaths, take testimony, and

21    compel, through court authorization, compliance with its orders

22    or an order of the commission.

23         (e) Cooperate or contract with persons and state, local, and

24    other agencies, both public and private, including agencies of

25    the federal government and of other states.

26         (f) Monitor the awarding and execution of contracts to

27    ensure compliance by a contractor or a subcontractor with a



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 1    covenant entered into or to be entered into pursuant to section

 2    209.

 3         Sec. 603.  At any time after a complaint DESCRIBED IN

 4    SECTION 602(C) is filed, the department may file a petition in

 5    the circuit court for the county in which the subject of the com-

 6    plaint occurs, or for the county in which a respondent resides or

 7    transacts business, seeking appropriate temporary relief against

 8    the respondent, pending final determination of proceedings under

 9    this section, including an order or decree restraining the

10    respondent from doing or procuring an act tending to render inef-

11    fectual an order the commission may enter with respect to the

12    complaint.  If the complaint alleges a violation of article 5,

13    upon the filing of the petition the department shall file for the

14    record a notice of pendency of the action.  The court may grant

15    temporary relief or a restraining order as it deems just and

16    proper, but the relief or order shall not extend beyond 5 days

17    except by consent of the respondent, or after hearing upon notice

18    to the respondent and a finding by the court that there is rea-

19    sonable cause to believe that the respondent has engaged in a

20    discriminatory practice.

21         Sec. 604.  If the commission, after a hearing on a charge

22    issued by the department UNDER SECTION 602, determines that the

23    respondent has not engaged in a discriminatory practice prohib-

24    ited by this act, the commission shall state its findings of fact

25    and conclusions of law and shall issue a final order dismissing

26    the complaint.  The commission shall furnish a copy of the order

27    to the claimant, the respondent, the attorney general, and other



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 1    public officers and persons as the commission  deems  DETERMINES

 2    proper.




















































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