Legislation watch
2011 House Bill 4003: "Right-to-work" for government, school employees (as enacted; originally something else)
Public Act 349 of 2012
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- Introduced by Rep. Paul Opsommer (R) on January 13, 2011, to establish that a person whose private employment compensation comes from a direct or indirect government subsidy is not considered a government employee, and so is not subject to being inducted into a government employee union. Such a scheme involving home day care providers was ended after a Mackinac Center lawsuit, and the bill would end a similar one extracting SEIU union dues from home health care workers. Note: The bill was later amended in the Senate to make it a "right-to-work" bill for public employees.
- Referred to the House Commerce Committee on January 13, 2011.
- Reported in the House on April 26, 2011, with the recommendation that the bill be referred to the Committee on Families, Children, and Seniors.
- Referred to the House Families, Children, and Seniors Committee on April 26, 2011.
- Reported in the House on May 24, 2011, without amendment and with the recommendation that the bill pass.
- Referred to the House Commerce Committee on January 13, 2011.
- Passed 63 to 46 in the House on June 8, 2011, to establish that a person whose private employment compensation comes from a direct or indirect government subsidy is not considered a government employee, and so is not subject to being inducted into a government employee union. Such a scheme involving home day care providers was ended after a Mackinac Center lawsuit, and the bill would end a similar one extracting SEIU union dues from home health care workers. Note: The bill was later amended in the Senate to make it a "right-to-work" bill for public employees, which is the version that ultimately was signed into law.
Who Voted "Yes" and Who Voted "No" - Received in the Senate on June 9, 2011.
- Referred to the Senate Reforms, Restructuring and Reinventing Committee on June 9, 2011.
- Reported in the Senate on December 1, 2011, with the recommendation that the bill pass.
- Substitute offered in the Senate on December 6, 2012, to adopt a substitute that makes this a "right-to-work" bill for public employees. The substitute passed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Steve Bieda (D) on December 6, 2012, to tie-bar the bill to Senate Bill 519, meaning this bill cannot become law unless that one does also. SB 519 would repeal the provision of Gov. Rick Snyder's tax reform and business tax cut that partially eliminated some of the state income tax exemptions for pension income. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Gretchen Whitmer (D) on December 6, 2012, to push back the effective date of the proposed law to 2014. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Gretchen Whitmer (D) on December 6, 2012, to require the proposed RTW law to be approved by voters before going into effect. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Bert Johnson (D) on December 6, 2012, to add to the bill a provision that would repeal the state "workers comp" law that requires employers to have insurance that compensates workers injured on the job. This is one of several Democratic amendments that appear to be "protest" amendments rather than sincere proposals (in addition to some that were sincere). The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Steve Bieda (D) on December 6, 2012, to tie-bar the bill to Senate Bill 519, meaning this bill cannot become law unless that one does also. SB 519 would repeal the provision of Gov. Rick Snyder's tax reform and business tax cut that partially eliminated some of the state income tax exemptions for pension income. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Rebekah Warren (D) on December 6, 2012, to add to the bill a provision that would repeal the 2011 law that banned governments in this state from from providing medical benefits or other fringe benefits to an employee’s “domestic partner,” defined as someone who is not married to the employee and not a dependent or survivor. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Hoon-Yung Hopgood (D) on December 6, 2012, to still require public school teachers to pay union dues or fees as a condition of employment. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Hoon-Yung Hopgood (D) on December 6, 2012, to strip out a provision that adds a $1 million appropriation, which under a state Supreme Court ruling several years ago has the effect of making the bill "referendum-proof." See House Joint Resolution W for an explanation. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Gretchen Whitmer (D) on December 6, 2012, to add to the bill a provision that would repeal a 2011 law eliminating an "item pricing" mandate on retail merchants. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. John Gleason (D) on December 6, 2012, to still require "skilled laborers who work on public works projects" to pay union dues or fees as a condition of employment. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Virgil Smith, Jr. (D) on December 6, 2012, to still require local jail guards to pay union dues or fees as a condition of employment. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Bert Johnson (D) on December 6, 2012, to add to the bill a provision that would repeal a 2011 law that prohibits a state agency from imposing "ergonomics" regulations on employers. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Gretchen Whitmer (D) on December 6, 2012, to add to the bill a provision that would repeal the state income tax. This is one of several Democratic amendments that appear to be "protest" amendments rather than sincere proposals (in addition to some that were sincere). The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Gretchen Whitmer (D) on December 6, 2012, to add to the bill a provision that would repeal the state business tax. This is one of several Democratic amendments that appear to be "protest" amendments rather than sincere proposals (in addition to some that were sincere). The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. John Gleason (D) on December 6, 2012, to add a provision that essentially would reverse the proposed RTW provsions in other sections of the amended law. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. John Gleason (D) on December 6, 2012, to still require nurses to pay union dues or fees as a condition of employment. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Glenn Anderson (D) on December 6, 2012, to still require social workers to pay union dues or fees as a condition of employment. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Coleman Young (D) on December 6, 2012, to name the proposed law after Governor Rick Snyder. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. Steve Bieda (D) on December 6, 2012, to establish that the proposed RTW law would not apply to "any employee currently entered into a collective bargaining agreement" with a union. The amendment failed by voice vote in the Senate on December 6, 2012.
- Amendment offered by Sen. John Gleason (D) on December 6, 2012, to add a provision that essentially would reverse the proposed RTW provsions in other sections of the amended law. The amendment failed by voice vote in the Senate on December 6, 2012.
- Referred to the Senate Reforms, Restructuring and Reinventing Committee on June 9, 2011.
- Passed 22 to 4 in the Senate on December 6, 2012, to prohibit Michigan governments and schools from enforcing a union contract provision that compels employees to join or financially support a union as a condition of employment, except for police and firefighters, who could still be dismissed for failing to pay union dues or fees.
Who Voted "Yes" and Who Voted "No" - Received in the House on December 6, 2012.
- Amendment offered by Rep. Lisa Lyons (R) on December 11, 2012, to still require prison and jail employees to pay union dues or fees as a condition of employment. The amendment failed by voice vote in the House on December 11, 2012.
- Amendment offered by Rep. Tim Greimel (D) on December 11, 2012, to strip out a provision that adds a $1 million appropriation, which under a state Supreme Court ruling several years ago has the effect of making the bill "referendum-proof." See House Joint Resolution W for an explanation. Also, to strip out a similar provision added in 2011 when this law was amended to require greater financial transparency by government employee unions. The amendment failed by voice vote in the House on December 11, 2012.
- Amendment offered by Rep. Woodrow Stanley (D) on December 11, 2012, to require the RTW law to be approved by voters before going into effect. The amendment failed by voice vote in the House on December 11, 2012.
- Amendment offered by Rep. Brandon Dillon (D) on December 11, 2012, to add a provision that essentially would reverse the proposed RTW provsions in other sections of the amended law. The amendment failed by voice vote in the House on December 11, 2012.
- Amendment offered by Rep. Rashida Tlaib (D) on December 11, 2012, to revise the appropriation added to make the bill "referendum-proof" so that rather than add new money the $1 million would be taken out of money already appropriated to run the Governor's office. The amendment failed 47 to 61 in the House on December 11, 2012.
Who Voted "Yes" and Who Voted "No"
- Passed 58 to 51 in the House on December 11, 2012, to prohibit Michigan governments and schools from enforcing a union contract provision that compels employees to join or financially support a union as a condition of employment, except for police and firefighters, who could still be dismissed for failing to pay union dues or fees. All Democrats voted "no" and all Republicans voted "yes" except for Reps. Forlini, Goike, Horn, McBroom, Somerville and Zorn.
Who Voted "Yes" and Who Voted "No" - Motion by Rep. Kate Segal (D) on December 11, 2012, to cancel the official "enrollment" of the bill (the process by which it is sent to the governor for signature and enrolled ih state statute). The motion failed 45 to 64 in the House on December 11, 2012.
Who Voted "Yes" and Who Voted "No" - Signed by Gov. Rick Snyder on December 11, 2012.
Comments
1) Re: 2011 House Bill 4003 (Ban “stealth" unionization of independent contractors ) by savorstste59 on February 2, 2012Again we see our so-called conservative republican leaders falling into a liberal pattern of raising taxes to support a never ending revenue hodgepodge. This mindset continues to drain monies away from earners and place it in the hands of incompetent lazy politicians who remain convinced that they know best. Until we remove all these tax and spend individuals we will never get to keep what we earn.The Senate needs a walk to the wood shed by the angry voters of Michigan. Regarding HB 4003 the message is clear union money stolen from home healthcare workers does not seem to be a priority to most in Lansing, remember who these chair warmers are come election time. For Rick Snyder sitting on the fence regarding RTW is the cowards way out and sends a clear message to all of us that a nerd can be bullied.
I want the money being taken by SEIU to be used for my son instead. That money is better served by providing an extra meal for him, not into the hands of the SEIU. Government at both state and federal levels have given unions way too much power to allow them to deduct wages from paychecks without permission from the wage earners. Unionization should not be required for employment in any situation. I'm not saying get rid of unions altogether, but to allow people to choose for themselves whether or not they wish to be in a union. And if they choose not to, they should not be discriminated against or treated differently in the workplace.
It seems to me like SEIU has bought off or threatened enough Republicans to keep this from moving forward. They went ahead and defunded the sham child care agency and stopped the dues grab by the UAW. But the SEIU is still raking in the dough off the providers who care for disable adults -- six million a year and no one is doing anything about it. It's a scam and even the GOP and the MAckinac Center are in on it in Michigan protecting the SEIU.
I really wish the Teaparty would take a good hard look at this!
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