Author Archives: John LaMacchia II

Important Special Assessment Tool Pushed Off Till Next Term

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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 has been pushed off till next term.

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.  The bill was amended to include a 10-year sunset. We are grateful to Sen. Bieda for introducing this important local option.

The League is very supportive of this legislation and will look to secure its passage early next year.

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

Main Street Fairness Bills Pass as Part of Transportation Package

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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, pass as part of the transportation package. These bills are more commonly known as the Main Street Fairness legislation.

The bills includes 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 supports this 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

Bill Enforcing Income Tax Collection from Lottery Winners Fails to Secure Passage in the Senate

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House Bill 5924, legislation that would require the Department of Treasury to withhold local income tax from a lottery winner at the time the winnings are claimed, has been pushed of to the next term after not securing passage in the Senate..

While a lottery winner is required to pay local income tax (if applicable), it can be very difficult to enforce. This would aid in that enforcement.

Thank you to Rep. Daley for introducing this legislation and to the committee chair, Rep. Farrington, for giving it a hearing so quickly in the House.

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

HAM Radio Legislation Sent to the Governor

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The legislature has sent Senate Bill 493 to the Governor for his signature. This 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.

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.

Cemetery Perpetual Care Bill Sent to the Governor

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Senate Bill 1125, has been sent to the governor. This 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.

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

Legislation Allowing Golf Carts on Local Roads Sent to the Governor

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HB 5045 which allows golf carts on local roads sent to the Governor. This bill would allow a local unit of government to pass an ordinance that would allow golf carts on roads under their jurisdiction. The following requirements must be met.

    • Must have a population less than 30,000
    • The operator must be at least 16 years of age and have a valid driver’s license
    • The golf cart must be operated on the far right side of the roadway
    • You can only operate the golf cart between a half hour after sunrise and a half hour before sunset
    • Drivers must use hand signals to indicate turning and stopping

The golf cart cannot exceed 15 mph and cannot operate on a road with a speed limit of more than 30 mph

John LaMacchia is a Legislative Associate for the League handling transportation and infrastructure issues. He can be reached at jlamacchia@mml.org or 517-908-0303

Bill Creating a Municipal Utility Residential Clean Energy Program Act Sent to the Governor

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This afternoon House Bill 5397 was sent to the governor after unanimously passing the Senate. This bill creating the Municipal Utility Residential Clean Energy Program Act and 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 has supportive this bill throughout the process and very pleased that it has been sent to the Governor.

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.

Michigan Water Environment Association to Host Seminar on Infrastructure Project Funding

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Utility systems are continually being challenged to provide quality services while budgets are being decreased. This seminar has been developed to provide relevant information to Utility Owners, Managers, Superintendents, and Consultants associated with infrastructure systems. Attendees will be informed of current funding programs and what other utilities are doing to stay ahead of today’s challenges with infrastructure systems.

For more information on this helpful seminar being hosted by the Michigan Water Environment Association please click on the following link. 2015 Infrastructure Postcard

John LaMacchia is a Legislative Associate for the League handling transportation and infrastructure issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

Call for Projects: Federal Land Access Program

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The Federal Highway Administration (FHWA) Eastern Federal Lands (EFL) Division will be accepting applications for Federal Lands Access Program (FLAP) funding, in order to develop a four year program of projects for Fiscal Years (FY) 2015 through FY 2018. EFL will accept applications via electronic submittal only, from November 15, 2014 through February 15, 2015.

Projects eligible for FLAP funding include transportation facilities such as a public highway, road, bridge, trail, or transit system that is located on, adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government. Generally, a 20% matching share of the project total is required for this program.

Examples of projects that are eligible for funding include transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, construction, and reconstruction of Federal Lands located on or adjacent to, or that provide access to a Federal land (adjacent vehicular parking areas; acquisition of necessary scenic easements and scenic or historic sites; provisions for pedestrians and bicycles; environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; construction and reconstruction of roadside rest areas, including sanitary and water facilities); Operation and maintenance of transit facilities. However, Michigan projects should focus on construction or preventative maintenance of the existing eligible transportation facilities.

For more information please click here.

John LaMacchia is a Legislative Associate for the League handling transportation and infrastructure issues. He can be reached at jlamacchia@mml.org or 517-908-0303

Governor Snyder Approves Financial Assistance to Local Governments Affected by Spring Flooding, Deep Freeze

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Governor Rick Snyder has approved more than $2.7 million from the Disaster and Emergency Contingency Fund to provide financial assistance to Michigan counties and communities impacted by last spring’s flooding disaster and deep freeze emergency.

Eligible local governments affected by the flooding or deep freeze were allowed to apply for assistance grants for up to $100,000 or 10 percent of the previous year’s operating budget, whichever is less.

The Disaster and Emergency Contingency Fund is used when communities demonstrate an exhaustion of local resources during a disaster or emergency. The money can be applied toward the immediate prevention, response and recovery of a disaster or emergency, as well as cover overtime for public employees, contracts used during the response, shelter supplies, gasoline used during the response and repair of public buildings and infrastructure.

Under extraordinary circumstances, the governor may authorize reimbursement from the fund to provide state assistance to counties and municipalities when federal assistance is not available.

Snyder declared a “state of disaster” on April 17 for Newaygo and Osceola counties due to severe weather and widespread flooding. On May 7, the disaster declaration was amended to include Isabella, Mecosta, Missaukee, Muskegon, Roscommon and Wexford counties.

Snyder declared a “state of emergency” for Marquette County on April 17 due to the damage caused by last winter’s extremely cold temperatures and deep frost levels. On May 7, the emergency declaration was amended to include Charlevoix, Cheboygan, Chippewa, Delta, Emmet, Gogebic, Luce and Mackinac counties.

In July, the Michigan State Police, Emergency Management and Homeland Security Division was notified by the Federal Emergency Management Agency that northern Michigan communities affected by the deep freeze did not meet the required statewide federal threshold for consideration for a presidential disaster declaration.

In October, the Michigan Strategic Fund approved more than $7.6 million in aid to communities in northern Michigan and the Upper Peninsula through the Community Development Block Grant program to assist in repairing critical infrastructure damaged by last winter’s deep freeze.

The state of Michigan continues to monitor the situation and is looking at all options to ensure communities recover and rebuild after these incidents.

John LaMacchia is a Legislative Associate for the League handling transportation and infrastructure issues. He can be reached at jlamacchia@mml.org or 517-908-0303