HB-4770, As Passed Senate, December 7, 2011

HOUSE BILL No. 4770

(As amended December 7, 2011)

June 16, 2011, Introduced by Reps. Agema, Crawford, Potvin, Genetski, McMillin, Lund, Lori, Haveman, Pettalia, Shirkey, Haines, Poleski, Knollenberg, O'Brien, Bumstead, Lyons, McBroom, Opsommer, Johnson, Muxlow, Shaughnessy, Outman, Damrow, Rogers, Jacobsen, Rendon, Kurtz, Hooker, Yonker, Daley, Kowall, Heise, Huuki, Scott and MacGregor and referred to the Committee on Oversight, Reform, and Ethics.

     A bill to prohibit public employers from providing certain

benefits to public employees.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the

"public employee domestic partner benefit restriction act".

     Sec. 2. As used in this act:

     (a) "Medical benefits" means medical, optical, or dental

benefits, including, but not limited to, hospital and physician

services, prescription drugs, and related benefits.

<<(b) "Public employee" means a person holding a position by

appointment or employment in the government of this state; in the

government of 1 or more of the political subdivisions of this state;

in the public school service; in a public or special district; in

the service of an authority, commission, or board of this state or a

political subdivision of this state; or in any other branch of the

House Bill No. 4770 as amended December 7, 2011

public service.                                                  

>>

     Sec. 3. (1) A public employer shall not provide medical

benefits or other fringe benefits for an individual currently

residing in the same residence as <<a public employee, if the

individual  >> is not 1 or more of the following:

     (a) Married to the employee.

     (b) A dependent of the employee, as defined in the internal

revenue code of 1986.

     (c) Otherwise eligible to inherit from the employee under the

laws of intestate succession in this state.

     (2) A provision in a contract entered into after the effective

date of this act that conflicts with the requirements of this act

is void.

     Sec. 4. If a collective bargaining agreement or other contract

that is inconsistent with section 3 is in effect for <<a public

employee         >> on the effective date of this act, section 3 does

not apply to that group of employees until the collective

bargaining agreement or other contract expires or is amended,

extended, or renewed.

     Sec. 5. The requirements of section 3 apply to all public

<<employees>> to the greatest extent consistent with constitutionally

allocated powers.