Bill Text: MI HB5150 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Disabilities; other; centralized reasonable accommodations program; create. Creates new act. TIE BAR WITH: HB 5151'19
Spectrum: Moderate Partisan Bill (Democrat 20-5)
Status: (Introduced - Dead) 2019-10-29 - Bill Electronically Reproduced 10/29/2019 [HB5150 Detail]
Download: Michigan-2019-HB5150-Introduced.html
HOUSE BILL NO. 5150
October 24, 2019, Introduced by Reps. Hoadley,
Marino, Elder, Pohutsky, LaGrand, Sabo, Anthony, Brixie, Cambensy,
Manoogian, Sneller, Koleszar, Hood, Liberati, Cynthia Johnson, Gay-Dagnogo,
Sowerby, Brenda Carter, Lasinski, Pagan, Stone, Afendoulis, Calley, Bellino
and Griffin and referred to the Committee on Commerce and Tourism.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "centralized reasonable accommodations act".
(a) "Department" means the department of licensing and regulatory affairs.
(b) "Employee" means an individual employed by an employer who does not receive a wage rate established under section 4c of the improved workforce opportunity wage act, 2018 PA 337, MCL 408.934c.
(c) "Employer" means a person that employs 1 or more employees.
(d) "Fund" means the second injury fund created in section 501 of the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.501.
(e) "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. Person does not include a public entity.
(f) "Reasonable accommodations request" means a request submitted by an employer under section 5(1).
Sec. 5. (1) Beginning January 1, 2021, an employer may request from the department, on a form prescribed by the department, funding to do either of the following:
(a) Assist the employer to achieve compliance with, with respect to an accommodation that is specific to a particular employee, the Americans with disabilities act of 1990, Public Law 101-336.
(b) Assist the employer to achieve compliance with, with respect to an accommodation that is specific to a particular employee, the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1101 to 37.1607.
(2) An employer may submit only 1 reasonable accommodations request per employee per calendar year. An employer shall not disclose any confidential information in a reasonable accommodations request. To be eligible to receive funding under this act, an employer must, under penalty of perjury, agree that any funding awarded to the employer under this act will be used only for the purposes prescribed in subsection (1).
(3) The department shall establish criteria for reviewing reasonable accommodations requests and shall make the criteria available on its website. The department shall determine whether a reasonable accommodations request meets its criteria within 30 days after receiving the reasonable accommodations request. If the department determines that a reasonable accommodations request meets its criteria, the department shall notify the employer of its determination and transmit its determination to the trustees of the fund. If the department determines that a reasonable accommodations request does not meet its criteria, the department shall notify the employer of its determination and explain the specific reasons why the reasonable accommodations request did not meet its criteria.
Sec. 7. This act does not limit or affect a right guaranteed an employee under any law.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This act does not take effect unless Senate Bill No.____ or House Bill No. 5151 (request no. 00675'19) of the 100th Legislature is enacted into law.
