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Michigan Home Healthcare Amendment, Proposal 4 (2012)

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Home Healthcare Amendment
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Type:Constitutional amendment
Constitution:Michigan Constitution
Referred by:Citizens
Topic:Labor and unions on the ballot
Status:Defeatedd

The Michigan Home Healthcare Amendment was on the November 6, 2012 statewide ballot in Michigan as an initiated constitutional amendment, where it was defeated. The initiative would have placed features of the Michigan Quality Community Care Council in the state constitution, in addition to providing home health care providers with limited collective bargaining. The petition was sponsored by Citizens for Affordable Quality Home Care.[1]

Aftermath

In September 2013, the Michigan Bureau of Elections launched an investigation into the Service Employees International Union’s financing of Proposal 4. Acting on a complaint from the Michigan Freedom Fund, the bureau is looking into whether the union used two nonprofits as front groups to launder campaign money. Home Care First, one of the non-profits under investigation, reported that all $9.3 million of its campaign funds came from the SEIU. Home Care First didn’t reveal this until one week before the election. State law requires such disclosures to be made within 10 days of campaign initiation. The other non-profit was Citizens for Affordable Quality Home Care. The intentional filling of inaccurate reports can be fined up to $1,000 or the amount of the undisclosed contribution, which in this case, if wrongdoing is proven, is $9.3 million.[2] On March 10, 2014, Secretary of State Ruth Johnson (R) fined the SEIU $199,000 to settle the conflict. This was the second-largest ballot-related fine in state history.[3]

Election results

See also: 2012 ballot measure election results
Michigan Proposal 4
ResultVotesPercentage
Defeatedd No2,550,42056%
Yes 1,985,595 44%
Official results from the Michigan Secretary of State.

Text of measure

The official ballot text read as follows:[4]

PROPOSAL 12-4

A PROPOSAL TO AMEND THE STATE CONSTITUTION TO ESTABLISH THE MICHIGAN QUALITY HOME CARE COUNCIL AND PROVIDE COLLECTIVE BARGAINING FOR IN-HOME CARE WORKERS

This proposal would:

  • Allow in-home care workers to bargain collectively with the Michigan Quality Home Care Council (MQHCC). Continue the current exclusive representative of in-home care workers until modified in accordance with labor laws.
  • Require MQHCC to provide training for in-home care workers, create a registry of workers who pass background checks, and provide financial services to patients to manage the cost of in-home care.
  • Preserve patients’ rights to hire in-home care workers who are not referred from the MQHCC registry who are bargaining unit members.
  • Authorize the MQHCC to set minimum compensation standards and terms and conditions of employment.

Should this proposal be approved?
YES __
NO ____

Support

Supporters

  • Campaign treasurer Dohn Hoyle listed Service Employees International Union as a supporter of the amendment.
  • Michigan Disability Rights Coalition[5]

Campaign contributions

In Michigan campaign finance information related to ballot measures is organized by ballot question committees. The following data was obtained from the state Campaign Finance Committee:

Committee info:

Committee Amount raised Amount spent
Citizens for Affordable Quality Home Care $1,888,203.20 $24,481.75[6]
Total $1,888,203.20 $1,754,333.21

Opposition

Opponents

  • Michigan Chamber of Commerce[7]
  • Citizens Protecting Michigan's Constitution[8]
  • Governor Rick Snyder

Arguments

  • In a press release published in September 2012, Gov. Snyder said, "Improving health care in Michigan is important, and I'm taking steps in partnership with the legislature, health care providers and insurers to improve wellness in Michigan. Proposal Four, though, is not the right way to improve health care and will be bad medicine for the people of Michigan."[9]

Campaign contributions

In Michigan, campaign finance information related to ballot measures is organized by ballot question committees. The data contained below reflects the total campaign finance records of Citizens Protecting Michigan's Constitution, there is no available breakdown by individual measures available. The following data was obtained from the state Campaign Finance Committee:

Committee info:

Committee Amount raised Amount spent
Citizens Protecting Michigan's Constitution $340,150.00 $52,274.58[10]
Total $340,150.00 $52,274.58

Poll

See also: Polls, 2012 ballot measures
  • An EPIC-MRA poll conducted September 8-11, 2012, found that 55 percent were in support of the amendment, while 27 percent were opposed, and another 18 percent were undecided. The poll was based on a poll of 600 likely voters. The poll has a margin of error of +/-4 percent.[5]
Legend

     Position is ahead and at or over 50%     Position is ahead or tied, but under 50%

Date of Poll Pollster In favor Opposed Undecided Number polled
September 8-11, 2012 EPIC-MRA 55% 27% 18% 600

Path to the ballot

See also: Michigan signature requirements

In order to place the measure on the November 2012 ballot supporters were required to collect a minimum of 322,609 valid signatures and submit them to the Michigan Secretary of State by July 9, 2012.

On Monday, March 19, 2012, the Board of State Canvassers approved the form and language of the ballot measure petition, clearing it for circulation. This review process does not certify the amendment's language.[11]

On August 13, the State Board of Canvassers certified 444,884 signatures.[12] On Wednesday, August 15, the board voted to place the measure on the ballot.[13]

See also

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