Legislation watch
Mackinac Center for Public Policy
Capitol Building

2006 House Bill 5744: Ban government discrimination against non-union assisted living facilities
  1. Introduced by Rep. Bruce Caswell (R) on February 22, 2006, to prohibit administrative rules and regulations, or exceptions to them, from being imposed on assisted living facilities, if the rules discriminate by applying different criteria for enforcement based on whether the employees of a facility are unionized. The Granholm administration has begun the process of imposing such a rule, which reportedly was proposed by the American Federal of State, City and Municipal Employers (AFSCME) union. If imposed the rule would impact 5,000 providers of long term care services for the mentally ill and others, many of which are very small facilities (such as residential group homes).
    • Referred to the House Government Operations Committee on February 22, 2006.
      • Reported in the House on February 28, 2006, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
    • Substitute offered in the House on March 1, 2006, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed by voice vote in the House on March 1, 2006.
  2. Passed 56 to 45 in the House on March 2, 2006.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on March 7, 2006.
    • Referred to the Senate Families and Human Services Committee on March 7, 2006.
      • Reported in the Senate on March 8, 2006, with the recommendation that the bill pass.
  4. Passed 21 to 15 in the Senate on March 8, 2006, to prohibit administrative rules and regulations, or exceptions to them, from being imposed on assisted living facilities, if the rules discriminate by applying different criteria for enforcement based on whether the employees of a facility are unionized. The Granholm administration has begun the process of imposing such a rule, which reportedly was proposed by the American Federal of State, City and Municipal Employers (AFSCME) union. If imposed the rule would impact 5,000 providers of long term care services for the mentally ill and others, many of which are very small facilities (such as residential group homes).
    Who Voted "Yes" and Who Voted "No"

  5. Vetoed by Gov. Jennifer Granholm on March 23, 2006.

Comments

Sen. Basham's "journal statement"  by Admin003 on March 14, 2006 
Senator Basham asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Basham's statement is as follows:

Again, the rule-making process is still underway. The meetings are ongoing. The administration has testified that they will work toward a consensus before any rules are promulgated. Better trained, better compensated workers attract a more reliable workforce, which will help reduce worker turnover. Better trained and better compensated workers provide a better level of care.


If you don't belong to a union you must be a bad person.  by Anonymous Citizen on March 10, 2006 
But if you send as much money to Gov. Granholm's campaign fund then you might be able to be considered a good person anyway.

Welcome to Jenny's world. She brought it with her to Lansing from Wayne County.

Support of House Bill 5744-5745  by mac3030 on March 10, 2006 
March 10, 2006

My name is Mary Ann Cate. I am the sibling of a developmentally disabled adult and serve as the Director of Training & Quality Assurance at Enhance, Inc.
Enhance, Inc. is a part of a service industry that serves over 50,000 adults in residential settings such throughout Michigan. Our organization provides a wide array of support services to vulnerable adults in 45+ residential settings in Wayne and Oakland Counties.

Many of our residents live in licensed adult foster care homes where we provide 24-hour personal care, supervision and protection for some of the most vulnerable adults in the community. Additionally, we provide employment to nearly 200 Michigan residents who serve as Enhance, Inc. direct caregivers.
In February 2006 elected representatives of Michigan residents passed Senate Bills 1026-1030(56 to 45) and House Bills 5744 and 5745, which would safeguard the delivery of quality services to persons served in Adult Foster Care (AFC) and Homes for the Aged (HFA) in Michigan.

Unfortunately, Governor Granholm is expected to veto these bills that our elected representatives passed in February. Governor Granholm is pressing for administrative rules in the operations of AFC & HFA homes
that would be separate for homes that operate with non-union staff. Administrative rules should be about the welfare of the individuals served in our industry and be neutral as to labor relation issues.

The Granholm administration has begun the process of imposing a rule, which reportedly was proposed by the American Federal of State, City and Municipal Employers (AFSCME) union. If imposed the rule would impact 5,000 providers of long term care services for the mentally ill and others, many of which are very small facilities (such as the residential group homes operated by Enhance, Inc.). Licensed residential facilities are adequately governed with the many tiers of regulations already in place, which are monitored closely by the Department of Human Services (DHS) and Department of Community Health (DCH).

The imposition of the rules promoted by Governor Granholm would not only discriminate against non-union residential providers but would impose
unnecessary workplace functions that would distract time from our staff’s providing services to residents in our homes.

Collectively Senate Bills 1026-1030 (56 to 45) and House Bills 5744 and 5745 prohibit the proposed chances in AFC & HFA administrative rules and regulations, or exceptions to them, from being imposed on non-union assisted living facilities…if the rules discriminate by applying different criteria for enforcement based on whether the employees of a facility are unionized.
My writing is to invite you to take an interest in this issue and consider the support of the more than 5,000 licensed sites serving more than 50,000 vulnerable adults statewide.
On behalf of the people we serve at Enhance, Inc. and our dedicated direct care staff members I thank youfor taking the time to consider my position on this very important issue.

Sincerely,
Mary Ann Cate
Director of Training & Quality Assurance
Enhance, Inc.
36524 Grand River Avenue
Suite B-2
Farmington Hills, MI 48335

248-477-5209 ext. 109



View pre-2013 Comments.
Your new comments should be made in the box below.