2015 House Bill 4052 / Public Act 105

Preempt local employer wage, benefit or labor law mandates

Introduced in the House

Jan. 22, 2015

Introduced by Rep. Earl Poleski (R-64)

To prohibit local governments from adopting a “community benefits” ordinance that imposes mandatory wage, benefit, or leave time requirements on developers or contractors as a condition of developing a piece of property, or getting any special tax breaks or subsidies. This would also prohibit locals from imposing a “prevailing wage” mandate requiring these employers to pay “union scale” wages to the extent this is not already required by state or federal law.

Referred to the Committee on Commerce and Trade

May 19, 2015

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

May 20, 2015

Amendment offered by Rep. Andy Schor (D-68)

To still permit local governments to impose employer mandates the bill would ban, but only as a condition of contracts, tax break deals and other grants of a "discretionary benefit".

The amendment failed by voice vote

Amendment offered by Rep. Andy Schor (D-68)

To strip out a preemption on local rules mandating that employers require employees to participate in any educational apprenticeship or training program.

The amendment failed by voice vote

Amendment offered by Rep. Jim Townsend (D-26)

To allow local government to impose the employer mandates the bill would restrict if they are approved by voters.

The amendment failed by voice vote

Amendment offered by Rep. Erika Geiss (D-12)

To exempt community colleges from the bill.

The amendment failed by voice vote

Amendment offered by Rep. Erika Geiss (D-12)

To remove a provision that would prohibit local governments to impose a mandate on employers that they must provide paid or unpaid leave to employees.

The amendment failed by voice vote

Amendment offered by Rep. Jeremy Moss (D-35)

To remove a provision that would prohibit local governments from regulating the relationship between private employers and their employees to the extent this exceeds state and federal law.

The amendment failed by voice vote

Amendment offered by Rep. Fred Durhal (D-5)

To remove a provision that would prohibit local governments from regulating information an employer must request, require, or exclude on an application for employment.

The amendment failed by voice vote

Amendment offered by Rep. LaTanya Garrett (D-7)

To remove a provision that would prohibit local governments from imposing minimum wage mandates that exceed the amounts mandated by state or federal law.

The amendment failed by voice vote

Amendment offered by Rep. Wendell Byrd (D-3)

To remove a provision that would prohibit local governments from imposing a mandate on private employers to provide wage and fringe benefit rates based on those "prevailing in the locality".

The amendment failed by voice vote

Amendment offered by Rep. Sam Singh (D-69)

To allow local governments to impose the mandates on private employers the bill would prohibit if these are conditions attached to grants or tx breaks provided by the local government to a company or developer.

The amendment failed by voice vote

Amendment offered by Rep. Sam Singh (D-69)

To remove a provision that would prohibit local governments from using regulations or zoning restriction to impose limits or requirements on a private firm's employee hours and schedules.

The amendment failed by voice vote

Amendment offered by Rep. Erika Geiss (D-12)

To add details to a provision permitting local governments to enforce an ordinance against discrimination in employment. Specifically, to prohibit discrimination against "workers who are pregnant, nursing mothers, or ill".

The amendment failed by voice vote

Amendment offered by Rep. Erika Geiss (D-12)

To remove a provision that would prohibit local governments to impose a mandate on employers that they must provide paid or unpaid leave to employees.

The amendment failed by voice vote

Passed in the House 57 to 52 (details)

To preempt local governments, public schools, state colleges and universities, and other governmental authorities from imposing mandatory wage, benefit, leave time, apprenticeship and other requirements on employers which exceed those required by state or federal law.

Received in the Senate

May 21, 2015

Referred to the Committee on Michigan Competitiveness

June 11, 2015

Reported without amendment

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

Amendment offered by Sen. Rebekah Warren (D-18)

To allow local government to impose the employer mandates the bill would restrict if they are approved by voters.

The amendment failed 15 to 23 (details)

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

To remove a provision that would prohibit local governments from regulating the relationship between private employers and their employees to the extent this exceeds state and federal law.

The amendment failed 13 to 25 (details)

Amendment offered by Sen. Steve Bieda (D-9)

To remove from the text of the bill a legislative "finding" that employer mandates are a valid concern of state government but outside the scope of matters properly regulated by local governments.

The amendment failed 14 to 24 (details)

Amendment offered by Sen. Tom Casperson (R-38)

To allow local governments to impose the mandates on private employers the bill would prohibit if these are conditions attached to a government contract, or to grants or breaks provided by the local government to a company or developer.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Curtis Hertel (D-23)

To remove a provision that would prohibit local governments from imposing a mandate on private employers to provide wage and fringe benefit rates based on those "prevailing in the locality".

The amendment failed 15 to 23 (details)

Amendment offered by Sen. Jim Stamas (R-36)

To exclude local rules mandating that employers conduct criminal background checks on employees as a condition of getting a required license or permit.

The amendment passed by voice vote

Amendment offered by Sen. Tom Casperson (R-38)

To allow local governments to impose the mandates on private employers the bill would prohibit if these are conditions attached to a government contract, or to grants or breaks provided by the local government to a company or developer.

The amendment failed by voice vote

Passed in the Senate 22 to 16 (details)

To preempt local governments, public schools, state colleges and universities, and other governmental authorities from imposing mandatory wage, benefit, leave time, apprenticeship and other requirements on employers which exceed those required by state or federal law.

Received in the House

June 11, 2015

June 16, 2015

Amendment offered by Rep. Earl Poleski (R-64)

To adopt a version of the bill that is not "retroactive" (doesn't ban existing local employer mandates), and which does not include a "catch-all" provision restricting any local regulation on "the relationship" between employers and employees, but just the specific mandates that are listed.

The amendment passed by voice vote

Amendment offered by Rep. Andy Schor (D-68)

To still permit local governments to impose employer mandates the bill would ban, but only as a condition of government contracts, subsidies and selective tax break deals.

The amendment failed by voice vote

Amendment offered by Rep. Jim Townsend (D-26)

To allow local government to impose the employer mandates the bill would restrict if they are approved by voters.

The amendment failed by voice vote

Passed in the House 59 to 51 (details)

To preempt local governments, public schools, state colleges and universities, and other governmental authorities from imposing mandatory wage, benefit, leave time, apprenticeship and other requirements on employers which exceed those required by state or federal law. The vote occurred after the House removed a provision making the bill retroactive and described as a "catch-all" provision restricting any local regulation on "the relationship" between employers and employees rather than just specified mandates.

Received in the Senate

June 17, 2015

Substitute offered by Sen. Jim Ananich (D-27)

The substitute failed by voice vote

Passed in the Senate 23 to 15 (details)

Motion to reconsider by Sen. Mike Kowall (R-15)

The motion passed by voice vote

Received

Passed in the Senate 22 to 16 (details)

Signed by Gov. Rick Snyder

June 30, 2015