February 7, 2006, Introduced by Senators BASHAM, JACOBS, CLARKE, CLARK-COLEMAN and SCOTT and referred to the Committee on Judiciary.
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending section 801 (MCL 37.2801).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 801. (1) A person alleging a violation of this act may
bring a civil action for appropriate injunctive relief or damages,
or both.
(2)
An action commenced pursuant to under subsection (1) may
be brought in the circuit court for the county where the alleged
violation occurred, or for the county where the person against whom
the civil complaint is filed resides or has his principal place of
business.
(3) As used in subsection (1), "damages" means damages for
injury or loss caused by each violation of this act, including
reasonable attorney's
attorney fees.
(4) That portion of any agreement that purports to limit the
period provided by law for bringing an action for a violation of
article 2 is void and unenforceable.
Enacting section 1. Subsection (4) of section 801 of the
Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2801, as added
by this amendatory act, is curative and intended to correct any
misinterpretation of legislative intent in the Michigan court of
appeals decision Clark v DaimlerChrysler Corp, Inc, docket no.
252765. This legislation further expresses the original intent of
the legislature that any limitation on the time established by law
to bring an action for a violation of civil rights protected under
article 2 is contrary to public policy.