2011 House Bill 4003 / 2012 Public Act 349

"Right-to-work" for government, school employees (as enacted; originally something else)

Introduced in the House

Jan. 13, 2011

Introduced by Rep. Paul Opsommer (R-93)

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. <b>Note: The bill was later amended in the Senate to make it a "right-to-work" bill for public employees</b>.

Referred to the Committee on Commerce

April 26, 2011

Reported without amendment

With the recommendation that the bill be referred to the Committee on Families, Children, and Seniors.

Referred to the Committee on Families, Children and Seniors

May 24, 2011

Reported without amendment

Without amendment and with the recommendation that the bill pass.

June 8, 2011

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. <b>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</b>.

Received in the Senate

June 9, 2011

Referred to the Committee on Reforms, Restructuring, and Reinventing

Dec. 1, 2011

Reported without amendment

With the recommendation that the bill pass.

Dec. 6, 2012

Substitute offered

To adopt a substitute that makes this a "right-to-work" bill for public employees.

The substitute passed by voice vote

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

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 <a href="http://www.michiganvotes.org/2011-HB-4361">tax reform and business tax cut</a> that partially eliminated some of the state income tax exemptions for pension income.

The amendment failed by voice vote

Amendment offered by Sen. Gretchen Whitmer (D-23)

To push back the effective date of the proposed law to 2014.

The amendment failed by voice vote

Amendment offered by Sen. Gretchen Whitmer (D-23)

To require the proposed RTW law to be approved by voters before going into effect.

The amendment failed by voice vote

Amendment offered by Sen. Bert Johnson (D-2)

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

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

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 <a href="http://www.michiganvotes.org/2011-HB-4361">tax reform and business tax cut</a> that partially eliminated some of the state income tax exemptions for pension income.

The amendment failed by voice vote

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

To add to the bill a provision that would repeal the <a href="http://www.michiganvotes.org/2011-HB-4770">2011 law</a> 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

Amendment offered by Sen. Hoon-Yung Hopgood (D-8)

To still require public school teachers to pay union dues or fees as a condition of employment.

The amendment failed by voice vote

Amendment offered by Sen. Hoon-Yung Hopgood (D-8)

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 <a href="http://www.michiganvotes.org/2011-HJR-W">House Joint Resolution W</a> for an explanation.

The amendment failed by voice vote

Amendment offered by Sen. Gretchen Whitmer (D-23)

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

Amendment offered by Sen. John Gleason (D-27)

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

Amendment offered by Sen. Virgil Smith (D-4)

To still require local jail guards to pay union dues or fees as a condition of employment.

The amendment failed by voice vote

Amendment offered by Sen. Bert Johnson (D-2)

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

Amendment offered by Sen. Gretchen Whitmer (D-23)

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

Amendment offered by Sen. Gretchen Whitmer (D-23)

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

Amendment offered by Sen. John Gleason (D-27)

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

Amendment offered by Sen. John Gleason (D-27)

To still require nurses to pay union dues or fees as a condition of employment.

The amendment failed by voice vote

Amendment offered by Sen. Glenn Anderson (D-6)

To still require social workers to pay union dues or fees as a condition of employment.

The amendment failed by voice vote

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

To name the proposed law after Governor Rick Snyder.

The amendment failed by voice vote

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

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

Amendment offered by Sen. John Gleason (D-27)

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

Passed in the Senate 22 to 4 (details)

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.

Received in the House

Dec. 6, 2012

Dec. 11, 2012

Amendment offered by Rep. Lisa Posthumus Lyons (R-86)

To still require prison and jail employees to pay union dues or fees as a condition of employment.

The amendment failed by voice vote

Amendment offered by Rep. Tim Greimel (D-29)

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 <a href="http://www.michiganvotes.org/2011-HJR-W">House Joint Resolution W</a> 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

Amendment offered by Rep. Woodrow Stanley (D-34)

To require the RTW law to be approved by voters before going into effect.

The amendment failed by voice vote

Amendment offered by Rep. Brandon Dillon (D-75)

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

Amendment offered by Rep. Rashida Tlaib (D-12)

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 (details)

Passed in the House 58 to 51 (details)

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.

Motion by Rep. Kate Segal (D-62)

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 (details)

Signed by Gov. Rick Snyder

Dec. 11, 2012