HOUSE BILL NO. 4601

May 15, 2019, Introduced by Reps. LaFave, Berman, Markkanen, Wozniak, Eisen, Rendon, O'Malley, Calley, Brann, Paquette, Bellino, Miller, Frederick, Marino, Mueller and Yaroch and referred to the Committee on Government Operations.

A bill to amend 1951 PA 22, entitled

"An act to require employees and persons in the service of the state and its governmental agencies to take and subscribe to the constitutional oath of office,"

by amending the title and section 1 (MCL 15.151).

the people of the state of michigan enact:

TITLE

An act to require employees and persons in the service of the state and its governmental agencies to take and subscribe to the constitutional oath of office; to provide for the powers and duties of certain state officers and agencies; and to provide remedies for the failure to take and subscribe to the constitutional oath of office.

Sec. 1. (1) All persons individuals now employed, or who may be employed by the this state of Michigan or any governmental agency thereof, of this state, and all other persons individuals in the service of the this state or any governmental agency of this state, shall, as a condition of their employment, take and subscribe to the oath or affirmation required of members of the legislature and other public officers by section 2 of article 16 of the constitution of 1908 of the state of Michigan.section 1 of article XI of the state constitution of 1963.

(2) The oath or affirmation required to be taken and subscribed to by an individual under subsection (1) must be administered by a member of the legislature or public officer described in subsection (1) who is the individual's superior within this state or the governmental agency.

(3) This state or a governmental agency of this state shall not pay any compensation, remuneration, or reimbursement to an individual described in subsection (1) unless the individual has taken and subscribed to the oath or affirmation required under subsection (1). The individual shall remit to this state or the respective governmental agency any compensation, remuneration, or reimbursement the individual received from this state or the governmental agency before taking and subscribing to the oath or affirmation.

(4) Unless an individual described in subsection (1) takes and subscribes to the oath of affirmation, the individual does not have authority to act on behalf of this state or the governmental agency. Any actions taken by the individual on behalf of this state or the governmental agency before taking and subscribing to the oath or affirmation are void.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.