During a meeting of the Michigan House Committee on Commerce and Trade, Republican lawmakers sneakily introduced a substitute bill replacing HB 4052. The new legislation, sponsored by Rep. Earl Poleski (R), overrides all local ordinances governing employers’ relationships with their employees. Because of the way it would impose state control, opponents have dubbed it the “Death Star” bill. Not only does it have implications for any local ordinance that controls minimum wage, benefits, sick leave, union organizing and strikes, wage disputes, apprenticeship programs, and “ban the box” policies (blocking employers from asking about felony convictions), but it would also override the LGBT protections that exist in 38 Michigan municipalities.
“A local governmental body,” the new HB 4052 reads, “shall not adopt, enforce, or administer an ordinance, local policy, or local resolution regulating the relationship between an employer and its employees or potential employees if the regulation contains requirements exceeding those imposed by state or federal law.” Because state law does not include employment protections based on sexual orientation and gender identity, all of the municipalities who do protect LGBT workers would have their ordinances voided, similar to a law that passed earlier this year in Arkansas.
East Lansing Mayor Nathan Triplett (D) posted on Facebook Tuesday expressing great concern about the bill’s consideration, noting it would invalidate not only its LGBT protections, but also its Equal Benefits Ordinance, which requires the city’s contractors to offer partner benefits to employees’ same-sex partners. Describing Tuesday’s committee hearing, Triplett explained, “When State Representative Stephanie Chang pointed out that the bill would invalidate Michigan’s 38 local nondiscrimination ordinances, the Chairman was forced to ask: ‘Will this bill really do that?’ The answer is: yes, absolutely.” East Lansing was the first community in the country to protect against discrimination based on sexual orientation; its first ordinance became law in 1972.
The “Death Star” may be one of the most sweeping preemptive bills ever considered in any state. Ten states have passed bills prohibiting cities from enacting paid sick day policies, legislation championed by the American Legislative Exchange Council (ALEC). Last month, Oklahoma lawmakers passed a law overriding local bans on fracking. Michigan itself tried to preempt local minimum wage laws over a decade ago, but then-Gov. Jennifer Granholm (D) vetoed the bill, and Wisconsin lawmakers failed to pass a similar bill last year.
Michigan Democrats have been pushing for LGBT nondiscrimination protections at the state level, but have so far been unsuccessful. Republican lawmakers are also considering a Religious Freedom Restoration Act (RFRA), like those recently considered in Indiana and Arkansas, but Gov. Rick Snyder (R) has said he won’t sign such a bill if LGBT protections aren’t passed as well.