PROHIBIT UNION PREFERENCES S.B. 1026-1030: COMMITTEE SUMMARY






Senate Bills 1026 through 1030 (as introduced 2-2-06)
Sponsor: Senator Bill Hardiman (S.B. 1026) Senator Alan L. Cropsey (S.B. 1027) Senator Alan Sanborn (S.B. 1028) Senator Bev Hammerstrom (S.B. 1029 & 1030)
Committee: Families and Human Services


Date Completed: 2-6-06

CONTENT The bills would amend various statutes to prohibit the promulgation of a rule or exception to a rule under the Public Health Code, the Social Welfare Act, the Adult Foster Care Licensing Act, and the Mental Health Code that discriminated for or against providers, facilities, or employers based on whether they had a collective bargaining agreement with employees.

The bills are described below.

Senate Bill 1026

The bill would amend the Administrative Procedures Act to specify that a rule or exception to a rule promulgated under the following statutes could not discriminate in favor of or against any provider, facility, or employer based on the presence or lack of a collective bargaining agreement with employees:

-- The Public Health Code.
-- The Social Welfare Act.
-- The Adult Foster Care Facility Licensing Act.
-- The Mental Health Code.
Senate Bills 1027-1030

Senate Bills 1027, 1028, 1029, and 1030 would amend the Adult Foster Care Facility Licensing Act, the Social Welfare Act, the Public Health Code, and the Mental Health Code, respectively, to specify that a rule or an exception to a rule promulgated under the Act or Code could not discriminate in favor of or against any provider, facility, or employer licensed under the Act or Code based on the presence or lack of a collective bargaining agreement with employees.


MCL 24.232 (S.B. 1026) Legislative Analyst: Curtis Walker 400.710 (S.B. 1027) 400.1 & 400.6 (S.B. 1028) 333.2233 (S.B. 1029) 330.1114 & 330.1114a (S.B. 1030)


FISCAL IMPACT

Long-term care advocates have expressed concern that final administrative rules regulating the provision of adult foster care services would include a provision exempting facilities with collective bargaining agreements with their employees from some administrative responsibilities. It is not known what the fiscal impact of this exemption would be on the State and local units of government. Since final administrative rules for adult foster care facilities have not, as yet, been promulgated by the State, these bills would have no fiscal impact on State or local government.

Fiscal Analyst: David Fosdick

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1026-1030/0506