2023 Senate Bill 169 / Public Act 236

1. Amend page 3, following line 9, by inserting:

“(4) Every 90 days, a bargaining representative shall provide to each public employee in the bargaining unit that the bargaining representative represents the following statement in writing: “Under the United States Supreme Court decision Janus v AFSCME, Council 31, ___US___; 138 S Ct 2448 (2018), it is a violation of a public employee’s First Amendment free speech rights for a public-sector bargaining representative to extract agency fees or union security fees from the public employee unless the public employee consents.”.”.

1. Amend page 2, line 11, by striking out the balance of the subsection.

1. Amend page 1, line 2, after “shall” by inserting a comma and “subject to subsection (4),”.

2. Amend page 1, line 5, after “shall” by inserting a comma and “subject to subsection (4),”.

3. Amend page 3, following line 9, by inserting:

“(4) A public employee may, by submitting a written request to the public employee’s public employer, elect to not provide the public employee’s employment and contact information to a representative as provided for under subsection (1). A public employer that receives a written request from a public employee under this subsection shall not provide the public employee’s employment and contact information to a representative.”.

1. Amend page 3, following line 9, by inserting:

“(4) If employment and contact information provided to a representative under subsection (1) are stolen from the representative or leaked by the representative, the representative shall, for 2 years beginning on the date of the theft or leak, pay for identity theft protection for each public employee affected by the theft or leak.”.

1. Amend page 2, line 14, after “address.” by striking out the balance of the subdivision.

2. Amend page 3, following line 9, by inserting:

“(4) Not later than 30 days after a public employer hires a public employee, the public employer shall provide to the public employee the employment and contact information of the individual in the public employee’s bargaining unit who is the contact person for the representative of the public employee described in section 11. Every 90 days, a public employer shall provide to each of its public employees the employment and contact information of the contact person.

(5) The employment and contact information provided under subsection (4) must include all of the following for the contact person:

(a) First, middle, and last name.

(b) Home address. However, if the contact person’s home address is a confidential address, the public employer shall not provide the home address of the contact person and shall instead provide the contact person’s designated address.

(c) Personal telephone number.

(d) Personal email address.

(e) Work email address.

(f) Wage.

(6) As used in this section:

(a) “Confidential address” means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.

(b) “Designated address” means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.”.

1. Amend page 1, line 2, after “shall” by inserting a comma and “subject to subsection (4),”.

2. Amend page 1, line 5, after “shall” by inserting a comma and “subject to subsection (4),”.

3. Amend page 3, following line 9, by inserting:

“(4) If an officer of a bargaining representative described in subsection (1) is convicted of sexual assault or fraud, for 10 years immediately following the conviction a public employer shall not provide the employment and contact information of any of its public employees to the bargaining representative and the bargaining representative shall not accept or otherwise receive employment and contact information from the public employer.

(5) A bargaining representative that violates subsection (4) is subject to a civil fine equal to the amount of all dues or fees the bargaining representative collected from the public employees of the public employer during the 5-year period immediately preceding the date of the violation. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine. A fine collected must be deposited in the general fund.”.

1. Amend page 3, following line 9, by inserting:

“(4) A representative shall not provide employment and contact information it receives under subsection (1) to any person. If employment and contact information provided to a representative under subsection (1) are stolen from the representative or leaked by the representative, the representative shall, for 2 years beginning on the date of the theft or leak, pay for identity theft protection for each public employee affected by the theft or leak.”.

1. Amend page 2, line 11, by striking out the balance of the subsection.

1. Amend page 1, line 4, after “11” by inserting “if the public employee elects to provide the public employee’s information under subsection (4)”.

2. Amend page 2, line 3, after “representative” by inserting “who elect to provide the information under subsection (4)”.

3. Amend page 3, following line 9, by inserting:

“(4) A public employee may, by submitting a written request to the public employee’s public employer, elect to provide the public employee’s employment and contact information to a representative as provided for under subsection (1).”.

1. Amend page 3, following line 9, by inserting:

“(4) A representative that receives a public employee’s employment and contact information under subsection (1) shall not use the information to do either of the following:

(a) Persuade the public employee to become a member of the representative.

(b) Request dues or service fees from the public employee if the public employee is not a member of the representative.”.

1. Amend page 3, following line 9, by inserting:

“(4) Every 90 days, a bargaining representative shall provide to each public employee in the bargaining unit that the bargaining representative represents the following statement in writing: “Under the United States Supreme Court decision Janus v AFSCME, Council 31, ___US___; 138 S Ct 2448 (2018), it is a violation of a public employee’s First Amendment free speech rights for a public-sector bargaining representative to extract agency fees or union security fees from the public employee unless the public employee consents.”.”.

1. Amend page 3, following line 9, by inserting:

“(4) For purposes of this section, “public employer” means this state.”.

1. Amend page 1, line 2, after “shall” by inserting a comma and “subject to subsection (4),”.

2. Amend page 1, line 5, after “shall” by inserting a comma and “subject to subsection (4),”.

3. Amend page 3, following line 9, by inserting:

“(4) If an officer of a bargaining representative described in subsection (1) is convicted of sexual assault or fraud, for 10 years immediately following the conviction, a public employer shall not provide the employment and contact information of any of its public employees to the bargaining representative and the bargaining representative shall not accept or otherwise receive employment and contact information from the public employer.

(5) A bargaining representative that violates subsection (4) is subject to a civil fine equal to the amount of all dues or fees the bargaining representative collected from the public employees of the public employer during the 5-year period immediately preceding the date of the violation. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine. A fine collected must be deposited in the general fund.”.