HOUSE BILL No. 5034

 

June 30, 2005, Introduced by Reps. Lemmons, III, Lemmons, Jr., Waters, Williams, Virgil Smith and Cushingberry and referred to the Committee on Government Operations.

 

     A bill to amend 1999 PA 212, entitled

 

"An act to restrict certain governmental entities from requiring

individuals to reside within certain geographic areas or specified

distances or travel times from their place of employment as a

condition of employment or promotion,"

 

by amending section 2 (MCL 15.602).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) Except as provided in  subsection (2)  this

 

section, a public employer shall not require, by collective

 

bargaining agreement or otherwise, that a person reside within a

 

specified geographic area or within a specified distance or travel

 

time from his or her place of employment as a condition of

 

employment or promotion by the public employer.

 

     (2) Subsection (1) does not prohibit a public employer from

 


requiring, by collective bargaining agreement or otherwise, that a

 

person reside within a specified distance from the nearest boundary

 

of the public employer. However, the specified distance shall be 20

 

miles or another specified distance greater than 20 miles.

 

     (3) A requirement described in subsection (2) does not apply

 

to a person if the person is married and both of the following

 

conditions are met:

 

     (a) The person's spouse is employed by another public

 

employer.

 

     (b) The person's spouse is subject to a condition of

 

employment or promotion that, if not for this section, would

 

require him or her to reside a distance of less than 20 miles from

 

the nearest boundary of the public employer.

 

     (4) Subsection (1) does not apply if the person is a volunteer

 

or paid on-call firefighter, an elected official, or an unpaid

 

appointed official.

 

     (5) Subsection (1) does not prohibit a public employer from

 

providing supplemental pay, by collective bargaining or otherwise,

 

to employees who live within the boundaries of the employing

 

governmental unit.