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.
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 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
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