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2015 House Bill 4052: Preempt local employer wage, benefit or labor law mandates

Public Act 105 of 2015

Introduced by Rep. Earl Poleski (R) on January 22, 2015
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.   Official Text and Analysis.
Referred to the House Commerce and Trade Committee on January 22, 2015
Reported in the House on May 19, 2015
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
Amendment offered by Rep. Andy Schor (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Andy Schor (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Jim Townsend (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Erika Geiss (D) on May 20, 2015
To exempt community colleges from the bill.
The amendment failed by voice vote in the House on May 20, 2015
Amendment offered by Rep. Erika Geiss (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Jeremy Moss (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Fred Durhal, III (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. LaTanya Garrett (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Wendell Byrd (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Sam Singh (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Sam Singh (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Erika Geiss (D) on May 20, 2015
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 in the House on May 20, 2015
Amendment offered by Rep. Erika Geiss (D) on May 20, 2015
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 in the House on May 20, 2015
Passed 57 to 52 in the House on May 20, 2015.
    See Who Voted "Yes" and Who Voted "No".
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 on May 21, 2015
Referred to the Senate Michigan Competitiveness Committee on May 21, 2015
Reported in the Senate on June 11, 2015
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Amendment offered by Sen. Rebekah Warren (D) on June 11, 2015
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 in the Senate on June 11, 2015.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Coleman Young, II (D) on June 11, 2015
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 in the Senate on June 11, 2015.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Steve Bieda (D) on June 11, 2015
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 in the Senate on June 11, 2015.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Tom Casperson (R) on June 11, 2015
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 in the Senate on June 11, 2015.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Curtis Hertel, Jr. (D) on June 11, 2015
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 in the Senate on June 11, 2015.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Jim Stamas (R) on June 11, 2015
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 in the Senate on June 11, 2015
Amendment offered by Sen. Tom Casperson (R) on June 11, 2015
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 in the Senate on June 11, 2015
Received in the House on June 11, 2015
Amendment offered by Rep. Earl Poleski (R) on June 16, 2015
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 in the House on June 16, 2015
Amendment offered by Rep. Andy Schor (D) on June 16, 2015
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 in the House on June 16, 2015
Amendment offered by Rep. Jim Townsend (D) on June 16, 2015
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 in the House on June 16, 2015
Passed 59 to 51 in the House on June 16, 2015.
    See Who Voted "Yes" and Who Voted "No".
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 on June 17, 2015
Substitute offered by Sen. Jim Ananich (D) on June 17, 2015
The substitute failed by voice vote in the Senate on June 17, 2015
Moved to reconsider by Sen. Mike Kowall (R) on June 17, 2015
The motion passed by voice vote in the Senate on June 17, 2015
Received in the Senate on June 17, 2015
Signed by Gov. Rick Snyder on June 30, 2015

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