Friday, December 7, 2012

Freedom to Work: What's Next?

Thanks to Joan Fabiano of Grassroots in Michigan for providing detail on what comes next for Labor Freedom in Michigan:

The two bills that passed yesterday, HB 4003 and SB0116 are virtually identical and both cover all public and private workers, except police and firefighters.

Both bills also included a $1-million appropriation. By making it an appropriations bill, the Republicans made it ineligible for repeal through a ballot initiative according to the Michigan's Constitution.

Sec. 9. The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative , and the power to approve or reject laws enacted by the legislature, called the referendum. The power of initiative extends only to laws which the legislature may enact under this constitution. The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds and must be invoked in the manner prescribed by law within 90 days following the final adjournment of the legislative session at which the law was enacted.

(The Constitution notwithstanding, I expect an attempt by the union bosses to get a court injunction or a ruling that will allow them to move ahead with a ballot initiative anyway).

Then, on Tuesday, after the Constitutional 5 day waiting period...

Article IV: Sec 26 Bills; printing, possession, reading, vote on passage. No bill shall be passed or become a law at any regular session of the legislature until it has been printed or reproduced and in the possession of each house for at least five days.

...both Chambers, House and Senate vote on each others' bills, reconcile any differences which should not present any problems since both bills are nearly identical, and then after the final vote and passage by both Houses and acccording to law, there is a 90 day waiting period before it becomes law, signed by the Governor. (also referenced in Sec. 9 above in blue). This means the bill becomes the law of the state on April 1, 2013...

Article IV: Sec. 27. No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.
History: Const. 1963, Art. IV, §27, Eff. Jan. 1, 1964.

So it ain't over. Expect Union "activists" in state and out of state to once again descend upon our Capitol to protest next Tuesday, when the legislature returns.

However, please take a moment to thank your Represenative or Senator for voting for freedom!

In the House all Democrats voted NO, and all Republicans voted YES, except:
Anthony Forlini, R-Harrison Township,
Ken Goike, R-Ray Township,
Ken Horn, R-Frankenmuth,
Ed McBroom, R-Vulcan,
Pat Somerville, R-New Boston
Dale Zorn, R-Ida.

In the Senate all Democrats voted NO, (or did not vote) and all Republicans voted YES, except:
Tory Rocca, R-Sterling Heights,
Tom Casperson, R-Escanaba,
Mike Nofs, R-Battle Creek,
Mike Green, R-Mayville.

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