Senate Finance Takes up WPW Fix

For years the League has been working on a tax reduction loophole that was created due to the 2002 Michigan Supreme Court case of WPW Acquisition Company v. City of Troy. After Proposal A created the term taxable value, the Legislature passed legislation that allowed for an increase and decrease of certain commercial property’s taxable value based on their occupancy. This was meant to allow the taxable value of income producing property to reflect the ebb and flow of the economy.

Under that system, the City of Troy granted a reduction to WPW Acquisition Company due to a reduced occupancy. However, when the City increased their taxable value when they were more fully occupied, WPW Acquisition Company sued the City, claiming they could not increase their taxable value above 5% or the rate of inflation, whichever is less, due to Proposal A. The Supreme Court addressed the question of increases in occupancy and agreed with WPW. However, the reduction issue due to occupancy was never in question, so a legal loophole, creating tax inequity, was born.

Yesterday the Senate Finance Committee took up Senate Bill 114, a bill introduced by Senator Vince Gregory (D-Southfield) that amends the General Property Tax Act. The Act’s definition of “losses” includes an adjustment in value, if any, due to a decrease in the property’s occupancy rate, to the extent provided by law. The definition of “additions” includes an increase in value attributable to the property’s occupancy rate if a loss had been previously allowed because of a decrease in occupancy rate, or if the value of new construction was reduced because of a below- market occupancy rate.

The bill would limit the use of occupancy rates in the determination of losses to the period before December 31, 2013. The use of occupancy rates in the determination of additions would be limited to the period before December 31, 2001.

The League testified in support of this legislation as did the Department of Treasury. Please contact your Senator and ask for support of SB 114!
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

 

Say Cheese! House Considers Allowing Photos in Polling Places

This afternoon the House Elections and Ethics Committee consideredHB 4477, legislation that would allow an elector to take a photo of him or herself at a polling place. The legislation is opposed by the Secretary of State, and many clerks have concern about such a policy violating voter privacy.

In addition the committee considered HB 4478, a bill that would allow an individual with a disability who uses a signature stamp to use that stamp for voting. This legislation was widely supported including by the League, the Municipal Clerks and the Secretary of State’s office.

The committee did not vote on either piece of 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

League Issues Successfully Addressed in ORV Legislation

The Michigan Municipal League has been working with Representative Bumstead on House Bill 4299 to improve local control over ORVs being used within municipalities. As a result of this work, and the willingness of Representative Bumstead to address the League’s concerns, significant changes were made to this legislation to improve local control. A County or a Township must now provide written notice to each municipality within the County in advance of adopting a resolution that allows or prohibits ORV use on their roadways. Local municipalities will now be allowed to both open and close roads located within their municipality to the use of ORVs through the adoption of an ordinance.

As a result of these changes the League officially supported this legislation in committee and looks forward to helping secure final passage. A copy of the legislation that was passed out of House Tourism Committee can be found here. (ORVs)

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

League Issues Successfully Addressed in ORV Legislation

The Michigan Municipal League has been working with Representative Bumstead on House Bill 4299 to improve local control over ORVs being used within municipalities. As a result of this work, and the willingness of Representative Bumstead to address the League’s concerns, significant changes were made to this legislation to improve local control. A County or a Township must now provide written notice to each municipality within the County in advance of adopting a resolution that allows or prohibits ORV use on their roadways. Local municipalities will now be allowed to both open and close roads located within their municipality to the use of ORVs through the adoption of an ordinance.

As a result of these changes the League officially supported this legislation in committee and looks forward to helping secure final passage. A copy of the legislation that was passed out of House Tourism Committee can be found here. (ORVs)

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

Michigan House removes penalty language from EVIP

Yesterday afternoon (April 23, 2013) on the House floor language was removed that would penalize communities who settled contracts between December 12, 2012 and March 28, 2013 before the right to work legislation went into effect.

The idea of the language was to penalize communities who “circumvent” right to work. This language was including in the EVIP boilerplate that passed the Appropriations Committee last week. The League testified against this language at the General Government Subcommittee in March.

The Senate did not include this language in their budget, and we appreciate House Appropriations Chair Joe Haveman’s (R-Holland) leadership in removing this language in the House budget.

The House is expected to report the budget today.

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

Detroit Zoo/DIA Millage Tax Capture Bills Pass Committee

Bills that would prohibit TIF districts from capturing tax revenue off the Detroit Zoo and DIA millages passed out of the House Tax Policy Committee unanimously today.  HB 4458-4464 prohibit a TIF district from keeping tax increment revenues from ad valorem property taxes levied under the Zoological Authorities Act and the Art Institute Authorities Act.  This language is added into the following acts:

  • Tax Increment Financing Authority Act
  • Downtown Development Authority Act
  • Brownfield Redevelopment Financing Act
  • Local Development Financing Act
  • Corridor Improvement Authority Act
  • Nonprofit Street Railway Act
  • Private Investment Infrastructure Act.

Nikki Brown is a legislative associate for the League handling economic development and land use issues.  She can be reached at nbrown@mml.org or 517-908-0305.

Federal Tax Exemption In Danger; Contact Your Congressional Leaders!

As Chair of the House Ways and Means Committee, Congressman Dave Camp held his first hearing on the impact of tax reform on local governments this week. As part of this discussion, Congress is considering eliminating the federal tax exempt status of municipal bonds. We continue to need your help! If you have not done so already, please contact your member of Congress and tell them how important the federal exemption is to your community. We have been working closely with the National League of Cities, and have included information for you to assist on this important issue. Attached is a sample letter you can send to your member of Congress, a report on the importance of this issue, and a resolution which was introduced this week in support of the 100th anniversary of the municipal bond federal exemption, which you can also ask your member of Congress to sign onto. Everyone in Michigan is in a unique postion on this issue since the Chairman and ranking member Sander Levin are both from Michigan. Even if you are not in those two districts, you can urge your member to contact either of them on how critical this issue is. You can get Congressional contact information here. This issue is far from over and we must continue to make the case for this critical policy.

You can also find additional resources from the NLC by clicking here.

Summer Minnick is the Director of Policy Initiatives and Federal Affairs. She can be reached at sminnick@mml.org or 517-908-0301.

H Res 112

Muni Bond Report

Sample Letter