Year End Legislative Update

As we come to the end of 2011 I thought it would be a good idea to do a final update. As you  all know, 2011 was a very challenging year legislatively. It started with the attempt by  legislators to totally do away with PA 312 (binding arbitration), as the year went on the legislature attacked the public sector from every angle with an onslaught of proposed bills. As  of this writing four of the bills were signed into law, and a few more are in the committee  process. Here is an overview of some of the major bills.

1. HB 4205: The one that started it all, HB 4205 was the initial attempt to repeal PA 312. 
Through a lot of lobbying and a combined effort of Public Sector representatives PA 312 
HB 4205 was never approved. Instead HB 4522 was introduced, this bill amended PA 
312 however it did not totally eliminate it. HB 4522 was signed into Law as PA 116.

2. HB 4152: HB 4152 called for the freezing of step increases and the increasing of health 
care costs upon the expiration of the bargaining unit’s contract. Further, there is no 
chance for retro pay. This bill passed and has been signed into law as PA 54. Recently 
DSAM and the POAM had a meeting with the Speaker of the House Jase Bulger about 
supporting an amendment that would allow for retro pay. We are currently in the 
process of moving that forward.

3. SB 7: Senate Bill 7 mandates minimum payments of health costs by employees. Under 
this bill municipalities have the option of 1) instituting a 80/20 percentage where the 
employer cannot pay more than 80 % of the health care costs, 2) instituting a hard cap 
where the employee has to pay up to a certain amount for their health care 3) both 
ways or 4) opting out of both, however if they opt out of both 1 and 2 the State can 
withhold incentive money from the municipality. Senate Bill 7 was voted in and is now 
PA 152

4. HB 5002: HB 5002 was the legislature’s attempt at fixing the workers compensation law. 
In typical fashion the legislature’s idea of how to fix it was to totally gut the law and 
write legislation which was extremely harmful for every worker in Michigan. If this bill 
had gone through as originally proposed emergency responders would have had some 
hard decisions to make about the risks they take on a daily basis. Through an 
unprecedented unified consortium made up of Deputy Sheriff’s Association of Michigan 
(DSAM), Police Officers Association of Michigan (POAM), Michigan Association of Police 
Organizations (MAPO), Michigan Professional Fire Fighters Union (IAFF) and the 
Fraternal Order of Police (FOP) we were able to lobby and have language added that 
gives specific exemptions to emergency responders. This is the first time this year that 
we were able to make any significant change. The changes were not perfect; however 
they were a positive move. We will continue to work with the legislature to try to fix 
problems with this bill as they come up. This bill was voted in and was signed by the 
governor on 12-19-2011.  5. HB 4059: This bill would take away union work release, DSAM and POAM have lobbied 
hard against this bill. If this bill were to be voted in as written it would mandate union 
officials to use leave time in order to represent a member.  Currently this bill has passed 
the House and is in Senate committee. Republican Senator Kowall has stated that he is 
going to propose an amendment to the bill that would give an exemption to emergency 
responders. This bill should see committee action when the legislature starts back up in 
January. 

6. HB 4588: This bill would prohibit public employers from deduction union dues from the 
employee’s checks. As will most of the bills proposed this year, this bill was intended to 
target the teachers unions. As of now, HB 4588 has had no movement, another bill was 
submitted that directly affects the teachers unions and leaves Police and Fire alone. 

7. On a positive note, DSAM has made very good headway on a series of bills dealing with 
marine safety and has taken significant steps toward coming to a resolution with the 
Sheriff training funds issue. DSAM President Matt Vanliere and SCTC committee 
member Mike Grodi recently had a meeting with the Sheriff Coordinated Training 
Counsel where they made significant headway toward a resolution.

 

 

2012: 
  

     As we look toward 2012 we still have a lot of work to do, the legislative agenda for 2012 is 
filling up fast. We will continue to work toward trying to get the retro amendment added to PA 
54, and we will continue to monitor and try to fix any problems with the workman’s 
compensation bill. One initiative we started working on in 2011 was the ability for Counties to 
adopt the motor vehicle code into county ordinance. This legislation is very important and 
would greatly benefit Sheriff Departments. I would like to see this as a priority as 2012 starts. 
Keep an eye out for information on this issue in the very near future. 

  Other than dealing with pending legislation, DSAM is also preparing to deal with elections. We 
are currently working on candidate surveys so we can be ready to back the right people. Given 
the way the public employees have been treated by this current legislature it will be very 
important that we be active in this process. 

  I know 2011 was a challenge, and I anticipate 2012 to be challenging as well. The only way for 
us to get through this will be through a collaborative effort, I will try to make sure everyone is 
informed and up to date on all issues through this year.  I would like to take this time to wish 
everyone a happy, healthy and safe holiday season and a positive, prosperous new year. 

 

Brian Earle
Legislative Director
Deputy Sheriff’s Association of Michigan