2012 Senate Bill 1018 / Public Act 76

Ban “stealth" unionization of independent contractors paid with government subsidies

Introduced in the Senate

March 14, 2012

Introduced by Sen. Dave Hildenbrand (R-29)

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 <a href="http://coa.courts.mi.gov/resources/asp/viewdocket.asp?casenumber=294087&amp;inqtype=public&amp;yr=0&amp;yr=0&amp;SubmitBtn=Search">lawsuit</a>, and the bill would end a similar one extracting SEIU union dues from home health care workers.

Referred to the Committee on Reforms, Restructuring, and Reinventing

March 22, 2012

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

The substitute passed by voice vote

Amendment offered by Sen. Coleman Young (D-1)

To strip-out a provision that essentially makes the bill retroactive, by establishing that the state's past recognition of unionizations of the sort the bill would prohibit were invalid.

The amendment failed 13 to 25 (details)

Passed in the Senate 25 to 13 (details)

Received in the House

March 22, 2012

Referred to the Committee on Government Operations

March 27, 2012

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Amendment offered by Rep. Vicki Barnett (D-37)

To strip-out a provision that essentially makes the bill retroactive, by establishing that the state's past recognition of unionizations of the sort the bill would prohibit were invalid.

The amendment failed by voice vote

March 28, 2012

Passed in the House 63 to 46 (details)

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 <a href="http://coa.courts.mi.gov/resources/asp/viewdocket.asp?casenumber=294087&amp;inqtype=public&amp;yr=0&amp;yr=0&amp;SubmitBtn=Search">lawsuit</a>, and the bill would end a similar one extracting SEIU union dues from home health care workers.

March 29, 2012

Motion to reconsider by Rep. Kate Segal (D-62)

The motion failed 45 to 63 (details)

Signed by Gov. Rick Snyder

April 9, 2012