This morning the House Local Government Committee reported Senate Bill 1125, legislation that would Public Act 215 of 1937, which authorizes municipalities to
own or control cemetery or burial grounds.

The bill would allow a municipality to establish an endowment and perpetual care fund for a municipally owned cemetery as part of an agreement with a community foundation.

It would also require the community foundation to authorize the disbursement of earnings
from the fund to the municipality for care and maintenance of the cemetery. The bill would also require the cemetery to maintain records regarding the use of earnings from
the fund.

In addition the bill would allow the community foundation’s fees and costs associated with the agreement to be paid from the principal of the fund and specify information that the community foundation would have to include in an annual audit.

The bill now goes to the full House for consideration.

Samantha Harkins is the Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org

This morning the House Local Government Committee passed Senate Bill 307, a bill introduced Senator Steve Bieda (D-Warren) that removes population thresholds for communities who want to use a police and fire special assessment as a revenue option. The committee did amend the legislation so that it has a 10-year sunset.

Under the law currently a city with a population of under 15,000 may levy a police and fire special assessment. A city with a population of more than 15,000 and less than 70,000 in a county with a population between 230,000 and 235,000 may levy an assessment with a vote of the people. The only city that meets this very narrow criteria is the City of Saginaw.

Senator Bieda’s bill would eliminate the population threshold so that any city above 15,000 could levy a special assessment for police and fire under the Act with a vote of its electorate.  We are grateful to Sen. Bieda for introducing this important local option.

The League is very supportive of this legislation that now heads to the full House for consideration.

Samantha Harkins is the Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org

This morning the House Energy & Technology Committee heard testimony on Senate Bill 493, legislation dealing with amateur radio operations.  As it was introduced, it had a significant impact on local control and zoning.  However, through a work group process, the bill was made significantly better in the Senate-passed version and now mirrors the Federal regulations that our local communities are already required to adhere to.

It also discusses an advisory council made up of amateur radio industry folks and local government folks so anyone with a question can seek feedback and research from this group either at the industry level or the community level.

The committee did not vote on the legislation.

Samantha Harkins is the Director of State Affairs for the League handling municipal finance issues.  She can be reached at sharkins@mml.org or 517-908-0306.

This afternoon the Senate Economic Development Committee reported two bills, SB 658 and SB 659, that would require that a sales tax be added on to purchases made by retailers who have a so-called “nexus” within the state. These bills are more commonly known as the Main Street Fairness legislation.

The committee passed a substitute bill to include a seller who sells “tangible personal property” and includes new provisions that a seller is presumed to have a nexus if it uses its employees, agents, representatives, or independent contractors to promote sales to purchasers.

It also tags a seller if it shares management, business systems, business practices, or employees with the seller, or in the case of an affiliated person, engages in “Intercompany transactions” with the seller to establish or maintain the seller’s market.

And a seller is presumed to have a nexus in the state if its total cumulative gross receipts from sales for storage, use or consumption to purchasers in this state exceed $50,000 during the immediately preceding 12 months.

The League is supportive of this legislation that now heads to the full Senate for review.

Samantha Harkins is the Director of State Affairs for the League handling municipal finance issues.  She can be reached at sharkins@mml.org or 517-908-0306.

This afternoon the Senate Finance Committee reported House Bill 5182, legislation that would allow the State Tax Commission to grant a local property tax exemption for qualified housing organizations (namely Habitat for Humanity).

The bill as substituted would say an exemption is in effect for the lesser of 5 years or until the the property is leased to a low-income person or is transferred to another owner. For residential lots the exemption is for 3 years or until the property is leased or transferred.

The League testified in opposition to this legislation. The legislature continues to erode local control by taking local money for state priorities.

Samantha Harkins is the Director of State Affairs for the League handling municipal finance issues.  She can be reached at sharkins@mml.org or 517-908-0306.

This morning the House Commerce committee heard testimony on House Bill 5804, legislation that would amend the Elliott-Larsen Civil Rights Act to add sexual orientation and gender identity as protected classes.

The Elliott-Larsen Civil Rights Act, generally speaking, prohibits discriminatory practices, policies, and customs based upon religion, race, color, national origin, age, sex,
height, weight, familial status, or marital status.

The League is supportive of this legislation. Prohibiting discrimination is critical for attracted and retaining talented employees in Michigan. Unfortunately the committee did not have the votes to report the bill.

Samantha Harkins is the Director of State Affairs for the League handling municipal finance issues.  She can be reached at sharkins@mml.org or 517-908-0306.

This morning the House Tax Policy Committee heard testimony on House Bill 5838, a bill that would exempt qualified sportsmen’s clubs from property taxes.

In order to qualify for the exemption, the facilities of these qualified organizations must be available to the public for charitable, nonprofit purposes on at least 55 days out of every calendar year.

Qualified sportsmen’s organizations must also have the primary purpose of
educating the public on conservation, hunting and fishing, and firearms safety. These
organizations can include, but are not limited to, sportsmen’s clubs, gun clubs,
conservation clubs, and rod and gun clubs.

The League is opposed to this legislation as a continued attack on local revenue. The committee did not vote on the legislation.

Samantha Harkins is the Director of State Affairs for the League handling municipal finance issues.  She can be reached at sharkins@mml.org or 517-908-0306.

This afternoon the Senate Energy & Technology Committee reported House Bill 5397, a bill creating the Municipal Utility Residential Clean Energy Program Act.  This would enable municipalities that own electric utilities to establish a program to help provide financing to residential property owners for energy efficiency projects. This is modeled after the PACE Act.

This legislation passed the full House prior to the legislative recess in June on a 108 to 2 vote.

This is an idea that was brought to Rep. Joe Haveman’s attention by the city of Holland who would like the opportunity to create a program such as this. The League is supportive of this legislation and looks forward to its passage from the full Senate.

Samantha Harkins is the Director of State Affairs for the League handling municipal finance issues.  She can be reached at sharkins@mml.org or 517-908-0306.

This afternoon the Senate Energy & Technology Committee heard testimony on Senate Bills 1123 and 1124, legislation that would prohibit a wind turbine that properly complies with local zoning and siting regulations from being a nuisance.

The legislation would also allow an action for a nuisance based on a wind energy system’s noncompliance to be brought only by those people with respect to whom the violation occurred.

The bill would also require the Public Service Commission (PSC) to adopt the most recent version of the guidelines for siting wind energy systems published by the Michigan State University (MSU) Extension after the bill’s effective date, if the updated version would protect human health and safety and the environment and promote the cost-effective generation of electricity from wind.

The League is opposed to this legislation on local control grounds. The committee did not vote on the legislation.

Samantha Harkins is the Director of State Affairs for the League handling municipal finance issues.  She can be reached at sharkins@mml.org or 517-908-0306.

This afternoon the House Oversight Committee heard testimony on House Bill 5599, legislation that would exempt elected officials from the requirement to pay a fee for information obtained under the Freedom of Information Act (FOIA) if the information is obtained in furtherance of their duties as elected officials.

The League is opposed to this legislation as it is a slippery slope for potential FOIA abuse. It also sets a precedent for waiving fees for other purposes. The committee did not vote on the legislation.

Samantha Harkins is the Director of State Affairs for the League handling municipal finance issues.  She can be reached at sharkins@mml.org or 517-908-0306.