Bill Text: MI SB0905 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Health facilities: employees; use of state funds to discourage unionization; prohibit, and provide remedies for. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 20176b.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2022-02-24 - Referred To Committee On Government Operations [SB0905 Detail]
Download: Michigan-2021-SB0905-Introduced.html
SENATE BILL NO. 905
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 20176b.
the people of the state of michigan enact:
Sec. 20176b. (1) A health facility or agency that receives state money shall not use any state money to interfere with or discourage unionization by its employees or the employees of any other health facility or agency. This section does not limit the right of a health facility or agency to engage in lawful activities relating to the negotiation and enforcement of a collective bargaining agreement.
(2) A health facility or agency that receives state money shall maintain accurate and complete records of all expenditures of that state money. The records must be sufficient to demonstrate whether state money has been expended to interfere with or discourage unionization. If the state designates state money for a specific use or expenditure, the health facility or agency shall account for the specific use or expenditure. If the state does not designate state money for a specific use or expenditure, the health facility or agency shall allocate the money on a pro rata basis to all expenditures of the health facility or agency that are related to the purpose for which the state money is received.
(3) A health facility or agency subject to the record-keeping requirements of subsection (2) shall prepare and submit to the department 4 times per calendar year a quarterly report that specifies each expenditure of state money. The health facility or agency shall file each report within 30 days after the end of each calendar quarter.
(4) On its own initiative or in response to a complaint that the department determines credible, the department may at any time audit the records of a health facility or agency to ensure compliance with this section.
(5) After an audit under subsection (4), the department shall determine if that health facility or agency has failed or refused to do any of the following:
(a) Comply with the record-keeping requirements of this section.
(b) Comply with the reporting requirements of this section.
(c) Provide the department with access to its records for an audit under this section.
(6) A health facility or agency that authorizes an expenditure of state money in violation of this section may be subject to civil liability as provided in this section. The attorney general or a person may, on behalf of this state, bring a civil action in a court of competent jurisdiction to recover the full value of the state money that was expended in violation of this section. The damages collected under this section must be deposited in the general fund. The court may award court costs and other expenses of litigation including attorney fees to a party who successfully brings an action under this section or to a person who successfully defends against an action under this section that the court determines is frivolous. A health facility or agency adjudicated to have violated this section is ineligible to receive state money for a period of 3 years after the date the judgment against the health facility or agency is entered.
(7) As used in this section:
(a) "Interfere with or discourage unionization" includes, but is not limited to, all of the following:
(i) A communication in any form that advocates, directly or by implication, that an employee should vote against unionization.
(ii) Hiring or consulting persons to advise on means to deter unionization or impede a labor organization that represents employees from fulfilling its representation responsibilities.
(iii) Holding meetings to influence employees to refrain from unionizing.
(iv) Planning or engaging in employee-supervisor activities to deter the lawful activities of a labor organization.
(b) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(c) "Receive state money" means to acquire state money in any form, including a grant, payment under contract, reimbursement, or other direct payment, and includes a subcontractor's receipt of payment for performance of any portion of a contract funded with state money.
(d) "State money" means any money drawn from the state treasury or other fund of the state, and any state resources, including a good or service or the value of a good or service, that is provided to a person.
(e) "Unionization" means the organization of employees for the purpose of collective bargaining.
(f) "Use any state money" means expenditure of state money by a person who receives state money. The expenditure may be for any purpose, including operating expenses, supplies, maintenance, utilities, capital facilities, or equipment.
