PUBLIC CONSOLIDATION: NO BARGAINING S.B. 493:
SUMMARY AS ENACTED
[Please see the PDF version of this analysis, if available, to view this image.]
Senate Bill 493 (as enacted) PUBLIC ACT 260 of 2011
Sponsor: Senator Arlan Meekhof
Senate Committee: Reforms, Restructuring and Reinventing
House Committee: Local, Intergovernmental, and Regional Affairs
Date Completed: 1-18-12
CONTENT
The bill amended the public employment relations Act to prohibit collective bargaining on a public employer's decision to enter into an interlocal agreement for the consolidation or joint performance of functions or services.
Specifically, under the bill, the following are prohibited subjects of bargaining and are at the sole discretion of the public employer:
-- A decision as to whether or not the employer will enter into an intergovernmental agreement to consolidate one or more functions or services, to jointly perform one or more functions or services, or otherwise to collaborate regarding one or more functions or services.
-- The procedure for obtaining a contract for the transfer of functions or responsibilities under an agreement described above.
-- The identities of any other parties to such an agreement.
Nothing in these provisions relieves a public employer of any duty established by law to bargain collectively with its employees as to the effect on them of a contract described above.
The bill took effect on December 14, 2011.
MCL 423.215
Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The bill will have an indeterminate impact on local units. While the bill alters the subjects that may be bargained, bargaining will still occur. The bill will have a fiscal impact only to the extent that any perceived changes in the relative costs and benefits to the parties under the bill are not offset by the adoption of different provisions within agreements or different employer decisions.
The bill will have no fiscal impact on State government.
Fiscal Analyst: David Zin
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb493/1112