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Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
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Chamber
house
Context text
House Bill No. 4143, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2016 PA 234 and section 16m as amended by 2018 PA 637. The bill was read a second time. Rep. Grant moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. By unanimous consent the House returned to the order of Third Reading of Bills Rep. Aiyash moved that House Bill No. 4004 be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4004, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Excused
Not recorded
Measure id
measure-3349
Motion text
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Nays
53
Not voting
Not recorded
Result
passed
Sitting id
sitting-381
Vote date
2023-03-08
Vote id
vote-2703
Vote number
20
Yeas
56
Related record
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
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Chamber
senate
Context text
The following bill was read a third time: House Bill No. 4004, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414. The question being on the passage of the bill, Senator Theis offered the following amendment: 1. Amend page 3, line 22, after “ representative. ” by inserting “ An agreement described in this subdivision must provide for both of the following: ( i ) That if an officer of the exclusive bargaining representative for the unit is convicted of a felony related to the finances of the exclusive bargaining representative, a public employee in the unit is not required to pay any dues or fees to the exclusive bargaining representative. ( ii ) That if an officer of the regional or national office of the exclusive bargaining representative is convicted of a felony related to the finances of the exclusive bargaining representative, a public employee in the unit is not required to pay to the exclusive bargaining representative the portion of the public employee’s dues or fees that would otherwise be remitted to the regional or national office. ”. The question being on the adoption of the amendment, Senator Lauwers requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Nays
20
Not voting
0
Result
failed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6839
Vote number
61
Yeas
17
Related record
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
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Chamber
senate
Context text
Cavanagh Irwin Moss Wojno Excused—1 Victory Not Voting—0 In The Chair: President Senator Albert offered the following amendment: 1. Amend page 9, following line 9, by inserting: “ Sec. 10a. A bargaining representative shall provide to each public employee in the bargaining unit that the bargaining representative represents, not later than 90 days after the effective date of the amendatory act that added this section or at the time the public employee becomes employed in that unit, 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-section bargaining representative to extract agency fees or union security fees from the public employee unless the public employee consents.” .”. The question being on the adoption of the amendment, Senator Lauwers requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Nays
20
Not voting
0
Result
failed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6840
Vote number
62
Yeas
17
Related record
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
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Chamber
senate
Context text
Cavanagh Irwin Moss Wojno Excused—1 Victory Not Voting—0 In The Chair: President Senator Daley offered the following amendment: 1. Amend page 9, following line 9, by inserting: “ Sec. 12a. Notwithstanding section 14, the commission shall issue an order directing an election in any existing certified appropriate unit once every 2 years following the later of the effective date of the amendatory act that added this section or the date of initial certification of a bargaining representative. If the existing certified bargaining representative receives a majority of the votes cast and the majority represents at least 50% of the public employees in the unit, the existing certification continues. If the certified bargaining representative does not receive a majority vote representing 50% of the public employees in the unit, the existing certification terminates. If certification is terminated, the terms of the existing contract between the public employees represented by the bargaining representative and the public employer continue in effect for the remaining contract term except for any provisions that involve the duties of or obligations to the bargaining representative, such as union security, dues and fees, and involvement in grievance and arbitration procedures. ”. The question being on the adoption of the amendment, Senator Lauwers requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Nays
20
Not voting
0
Result
failed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6841
Vote number
63
Yeas
17
Related record
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
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Chamber
senate
Context text
(a) Organize together or form, join, or assist in labor organizations; engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; or negotiate or bargain collectively with their public employers through representatives of their own free choice. (b) Refrain from any or all of the activities identified in subdivision (a). (2) No person shall by force, intimidation, or unlawful threats compel or attempt to compel any public employee to do any of the following: (a) Become or remain a member of a labor organization or bargaining representative or otherwise affiliate with or financially support a labor organization or bargaining representative. (b) Refrain from engaging in employment or refrain from joining a labor organization or bargaining representative or otherwise affiliating with or financially supporting a labor organization or bargaining representative. (c) Pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or public employees represented by a labor organization or bargaining representative. (d) Pay the costs of an independent examiner verification as described in section 10(9). 10(4) . (3) A person who violates subsection (2) is liable for a civil fine of not more than $500.00. A civil fine recovered under this section shall be submitted to the state treasurer for deposit in the general fund of this state. ”. The question being on the adoption of the amendment, Senator Lauwers requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Nays
20
Not voting
0
Result
failed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6842
Vote number
64
Yeas
17
Related record
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
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Chamber
senate
Context text
Senator Lindsey offered the following amendment: 1. Amend page 9, following line 9, by inserting: “ (7) Every calendar quarter, each exclusive bargaining representative that represents public employees in this state shall provide a written report to every public employee in every unit that the exclusive bargaining representative represents and post the report on its website. Each report must include all of the following information for the immediately preceding calendar quarter: (a) The name, salary, and amount of fringe benefits of each officer of the exclusive bargaining representative. (b) The amount of money that the exclusive bargaining representative paid for all of the following, delineated by each payment: ( i ) Political organizations or activities. ( ii ) Charities. (c) An itemized list of all of the exclusive bargaining representative’s expenditures not described in subdivision (b). ”. The question being on the adoption of the amendment, Senator Lauwers requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Nays
20
Not voting
0
Result
failed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6843
Vote number
65
Yeas
17
Related record
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
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Chamber
senate
Context text
Cavanagh Irwin Moss Wojno Excused—1 Victory Not Voting—0 In The Chair: President Senator Nesbitt offered the following amendment: 1. Amend page 9, following line 9, by inserting: “ Sec. 10a. Notwithstanding any other provision of this act, a bargaining representative shall not pay compensation to an individual who is employed by the bargaining representative that is more than 2 times the average compensation of all the public employees that are members of the bargaining representative. ”. The question being on the adoption of the amendment, Senator Lauwers requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Nays
20
Not voting
0
Result
failed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6844
Vote number
66
Yeas
17
Related record
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
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Chamber
senate
Context text
Excused—1 Victory Not Voting—0 In The Chair: President Senator Albert offered the following amendment: 1. Amend page 9, following line 9, by inserting: “ Sec. 10b. (1) Notwithstanding any other provision of this act, a public employee may choose to bargain independently. A public employer shall not refuse to bargain independently with a public employee and an exclusive bargaining representative shall not represent a public employee who has chosen to bargain independently. An agreement between a public employer and an exclusive bargaining representative does not apply to a public employee who has chosen to bargain independently. (2) As used in this section, “independent bargaining” or “to bargain independently” means bargaining between a public employer and a public employee with respect to rates of pay, wages, hours of employment, or other terms and conditions of employment without the intervention of a labor organization, bargaining agent, or exclusive bargaining representative. Independent bargaining does not grant any greater or lesser rights or privileges to a public employee who has chosen to bargain independently in a unit with an exclusive bargaining representative than a public employee in a unit without an exclusive bargaining representative. Independent bargaining does not impose any greater or lesser duties or obligations for a public employer to a public employee who has chosen to bargain independently in a unit with an exclusive bargaining representative than those duties or obligations that the public employer or public school employer owes to a public employee in a unit without an exclusive bargaining representative. ”. The question being on the adoption of the amendment, Senator Lauwers requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Nays
20
Not voting
0
Result
failed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6845
Vote number
67
Yeas
17
Related record
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
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Chamber
senate
Context text
Camilleri Hertel McMorrow Singh Cavanagh Irwin Moss Wojno Excused—1 Victory Not Voting—0 In The Chair: President Senator Theis offered the following amendment: 1. Amend page 8, line 26, by striking out the balance of the section. The question being on the adoption of the amendment, Senator Lauwers requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Nays
20
Not voting
0
Result
failed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6846
Vote number
68
Yeas
17
Related record
The bill was passed, a majority of the members serving voting therefor, as follows:
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Chamber
senate
Context text
Nays—20 Anthony Chang Klinefelt Polehanki Bayer Cherry McCann Santana Brinks Geiss McDonald Rivet Shink Camilleri Hertel McMorrow Singh Cavanagh Irwin Moss Wojno Excused—1 Victory Not Voting—0 In The Chair: President The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows:
Excused
1
Measure id
measure-3349
Motion text
The bill was passed, a majority of the members serving voting therefor, as follows:
Nays
17
Not voting
0
Result
passed
Sitting id
sitting-572
Vote date
2023-03-14
Vote id
vote-6847
Vote number
69
Yeas
20
Related record
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
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Chamber
house
Context text
The House agreed to the title as amended. The bill was referred to the Clerk for enrollment printing and presentation to the Governor. House Bill No. 4004, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414. The Senate has amended the bill as follows: 1. Amend page 8, line 26, after “ year ” by striking out “ 2023-2024 ” and inserting “ 2022-2023 ”. The Senate has passed the bill as amended. The Speaker announced that pursuant to Rule 42, the bill was laid over one day. Rep. Aiyash moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the amendment made to the bill by the Senate, The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Excused
Not recorded
Measure id
measure-3349
Motion text
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Nays
52
Not voting
Not recorded
Result
unknown
Sitting id
sitting-386
Vote date
2023-03-21
Vote id
vote-2721
Vote number
38
Yeas
56
Related record
The bill was passed, a majority of the members serving voting therefor, as follows:
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Chamber
senate
Context text
House Bill No. 4004, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414. Senator Singh moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. Senator Singh moved to reconsider the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, Senator Cherry offered the following amendment: 1. Amend page 8, line 26, after “ year ” by striking out “ 2023-2024 ” and inserting “ 2022-2023 ”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows:
Excused
2
Measure id
measure-3349
Motion text
The bill was passed, a majority of the members serving voting therefor, as follows:
Nays
16
Not voting
0
Result
passed
Sitting id
sitting-575
Vote date
2023-03-21
Vote id
vote-6879
Vote number
101
Yeas
20