Bill Text: MI HB5130 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Law enforcement: other; employment contract with a new employee to cover academy tuition; allow under certain conditions. Amends sec. 8 of 1978 PA 390 (MCL 408.478).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2022-06-07 - Referred To Committee Of The Whole With Substitute (s-1) [HB5130 Detail]
Download: Michigan-2021-HB5130-Engrossed.html
Substitute For
HOUSE BILL NO. 5130
A bill to amend 1978 PA 390, entitled
"An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,"
by amending section 8 (MCL 408.478).
the people of the state of michigan enact:
Sec. 8. (1) An Except as otherwise provided in this subsection, an employer, agent or representative of an employer, or other person having authority from the employer to hire, employ, or direct the services of other persons in the employment of the employer shall not demand or receive, directly or indirectly from an employee, a fee, gift, tip, gratuity, or other remuneration or consideration, as a condition of employment or continuation of employment. This subsection does not apply to fees either of the following:
(a) Fees collected by an employment agency licensed under the laws of this state.
(b) Subject to subsection (3), the following remuneration or consideration collected by a law enforcement agency under a signed loan forgiveness agreement entered into on or after the effective date of the amendatory act that added this subdivision:
(i) If the employee voluntarily leaves employment with the law enforcement agency not more than 1 year after the date the employee's law enforcement training academy ended, up to 100% of the cost of the law enforcement training academy.
(ii) If the employee voluntarily leaves employment with the law enforcement agency more than 1 year but less than 2 years after the date the employee's law enforcement training academy ended, not more than 75% of the cost of the law enforcement training academy.
(iii) If the employee voluntarily leaves employment with the law enforcement agency 2 years or more but less than 3 years after the date the employee's law enforcement training academy ended, not more than 50% of the cost of the law enforcement training academy.
(iv) If the employee voluntarily leaves employment with the law enforcement agency 3 years or more but less than 4 years after the date the employee's law enforcement training academy ended, not more than 25% of the cost of the law enforcement training academy.
(v) If the employee voluntarily leaves employment with the law enforcement agency 4 years or more but less than 5 years after the date the employee's law enforcement training academy ended, not more than 10% of the cost of the law enforcement training academy.
(2) Except for a contribution required or expressly permitted by law or by a collective bargaining agreement, an employer shall not require an employee or a person seeking employment to contribute directly or indirectly to a charitable, social, or beneficial purpose as a condition of employment or continuation of employment.
(3) A loan forgiveness agreement under subsection (1)(b) must contain the following terms:
(a) That the employer will pay the cost of a law enforcement training academy required for that employee to obtain a license under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
(b) The conditions under which the payment under subdivision (a) will be provided and under which repayment to the employer by the employee or another person may be required.
(c) That the employer is not entitled to any percentage of the cost of the law enforcement training academy if any of the following apply:
(i) The employer terminates the employee's employment at any time and on nondisciplinary grounds.
(ii) The employee is laid off from employment with the employer because of budget cuts within 5 years after the date the employee's law enforcement training academy ended.
(d) That the requirements of subsection (1)(b)(i) to (v) may be waived by the employer if the employee voluntarily leaves employment with the employer and both of the following apply:
(i) The employee suffers a critical incident in the course of his or her employment with the employer.
(ii) The employee provides documentation from a mental health professional that the employee is undergoing treatment from the mental health professional for that critical incident.
(4) As used in this section:
(a) "Critical incident" means an event that meets both of the following requirements:
(i) Is sudden, emotionally powerful, and outside the range of normal human experience and that sufficiently impacts or overwhelms the usual coping skills of an individual.
(ii) Occurred during the course of the employee's employment as a law enforcement officer.
(b) "Law enforcement agency" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(c) "Law enforcement training academy" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
