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.

This morning the House Energy & Technology Committee reported House Bill 5205, legislation that amends the definition of “renewable energy” to include fuel from municipal solid waste.

The League has concerns about this legislation and the narrow amendment to the Clean, Renewable and Energy Efficient Act. We would prefer to see a comprehensive review of renewable energy sources as we are expecting in 2015.

The legislation now goes to the full House for consideration.

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 Energy & Technology Committee heard testimony on House Bill 4237, a bill that would open state police communications towers to colocation for broadband expansion.

As introduced this legislation would allow both public and private entities to colocate for the purpose of broadband expansion; however, a substitute passed by thecommittee would limit this to only private entities for three years and then allow public entities to colocate only in “underserved areas.”

The League is a staunch supporter of broadband expansion; however, banning public entities from this colocation seeks to inhibit broadband expansion to only if a private entity decides to expand. This is a disservice to Michigan residents and job providers as broadband access becomes more necessary for both businesses and residents.

We continue to oppose this version of the legislation and encourage you to contact your House members to do the same.

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.

Just a reminder that accountability and transparency certifications are due to the Department of Treasury by December 1, 2014. You’ll recall that this is the only requirement remaining from the old EVIP program.

To meet the requirements for Accountability & Transparency under the revenue sharing program, eligible local units must certify to Treasury that they have produced and made available to the public a citizen’s guide, a performance dashboard, a debt service report and a projected budget report.

You can find additional information and forms on the Department of Treasury’s website.

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.

Yesterday the House Judiciary Committee heard testimony on  Senate Bill 979 (sponsored by Sen. Hildenbrand, R-Grand Rapids), a bill to include pneumatic guns (i.e. paint ball guns) in the list of pistols or other firearms that local units of government currently cannot tax, regulate ownership of, registration of, sale/transfer/possession and transportation of (PA 319 of 1990).

The legislation does allow a local unit to regulate the possession of a pneumatic gun in someone under the age of 16 unless it is their private property as well as allow a local unit to prohibit discharging of a pneumatic gun in heavily populated areas.

The League is opposing this legislation. The committee did not vote, but we expect they will do so in the remaining session days.

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.

Yesterday afternoon the Senate passed Senate Bills 1038, 1039 and 1040, bills that make changes to the tax appeal process and the Michigan Tax Tribunal Act.

The League has a lot of concerns regarding the way the Tax Tribunal has been valuing property and the losses sustained by our local communities; however, this legislation does not make changes that would address those concerns.

The League sent a list of concerns to the sponsor, Senator Caswell, and he addressed many of those concerns. At this point our biggest concern with the legislation is philosophical.

First and foremost we think this legislation is a solution in search of a problem. The Department of Treasury is pushing for this legislation; however, none of the stakeholders who actually use the tax appeals process (including local units of government and the business community) are interested in this legislation passing. Local government and schools are now neutral, and the business community is not pushing for the legislation to move.

Initially the legislation had a  3-year look back for property tax appeals which would have created uncertainty for local budgets. Sen. Caswell did address that concern with an amendment.

The bills now go to the House for their consideration.

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 Local Government Committee reported House Bill 5560, legislation that would phase out the newspaper publication requirement for public notices and transition the notices to the internet.

HB 5560 creates a tiered system for legal notices and phases them out over time. The legislation is vague, but the least “serious” notices would be considered Tier A. Tier C would include those notices are those dealing with property and finances.

Under the bill, beginning January 1, 2025, a local government would be required to change how it provides public notice. A tier A public notice would be posted on the ‘active notice portion’ of a website for 30 days.  A tier A public notice with a link would be posted on the ‘active notice portion’ of a website for 30 days with a link to the full document.  A tier B public notice would be posted on the ‘active notice portion’ of a website for 14 days.  A tier B public notice with a link would be posted on the ‘active notice portion’ of a website for 14 days with a link to the full document. A tier C public notice would be posted on the ‘active notice portion’ of the website for 14 days.

The legislation allows local electors to hold a referendum to require continued publication in a newspaper. It allows allows local units to enter into contracts with media outlets for publication on their websites. The bill also requires archiving of public notices for five years.

The bill now goes to the House for its approval.

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

The legislature is one again considering cancer presumption legislation. After being vetoed by Governor Engler in 1998 cancer presumption has returned in some form each legislative session.

This morning the House Insurance Committee heard testimony Senate Bill 211, a bill that creates a cancer presumption for firefighters. It is presumed that if a firefighter develops certain types of cancer that it occurred during the course of his or her employment.

The League has always opposed cancer presumption because in its previous versions it would more than double workers compensation premiums for communities with full-time firefighters.  We consider that a conservative estimate. In a time where communities’ budgets are still reeling from revenue sharing cuts and property tax declines, this is a cost our communities are unable to afford.

In the Senate-passed version the First Responder Presumed Coverage Fund is created in workers compensation but as a separate fund (similar to what the State has done with the silicosis or dust fund). Unlike the dust fund (where workers compensation providers are charged an assessment) the legislation indicates that the State will pay for claims submitted to the fund.

The bill indicates that the fund will not begin until the legislature appropriates money. If there is not enough money in the fund, claims will not be paid.

The committee did not vote on the legislation.

Samantha Harkins is the Director of State Affairs for the League. She can be reached at 517-908-0306 and sharkins at mml.org.

This morning the House Financial Liabilities Reform Committee heard testimony on House Bill 5650, legislation that would amend the Revised Municipal Finance Act to provide for a statutory first lien on all taxes subject to an unlimited tax pledge for a municipal security authorized or issued before December 23, 1978, or approved by the electors of a municipality. This would apply to an unlimited tax pledge made prior to or after the date of enactment of the bill.

Current law requires that the taxes be set aside as collected for the payment of the principal and interest on the municipal securities divided pro rata among the various sinking funds and debt retirement funds in accordance with the amount levied. Upon collection and prior to dividing the funds pro rata, House Bill 5650 would require the funds set aside to be held in trust for the owners of the municipal security.

The committee did not vote on the legislation.

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