HB-4770, As Passed House, September 15, 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.




     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 employer" means this state; a city, village,


township, county, or other political subdivision of this state; any


intergovernmental, metropolitan, or local department, agency, or


authority, or other local political subdivision; a school district,


a public school academy, or an intermediate school district, as


those terms are defined in sections 4 to 6 of the revised school


code, 1976 PA 451, MCL 380.4 to 380.6; a community college or


junior college described in section 7 of article VIII of the state


constitution of 1963; or an institution of higher education


described in section 4 of article VIII of the state constitution of




     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 an employee of the public


employer who 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 an employee of


a public employer 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


employers to the greatest extent consistent with constitutionally


allocated powers.