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

 

League Encourages State to Put Surplus Toward Restoring Revenue Sharing Cuts

LANSING, Michigan – A report saying the state of Michigan has nearly $400 million has the Michigan Municipal League requesting that the state use some of that surplus to restore massive cuts made to local revenue sharing. A consensus report released today (May 15, 2013) by state economists shows that revenues for the current fiscal year are $396.9 million higher than expected for the general fund for the current 2012-13 fiscal year.

The Michigan Municipal League has responded to this announcement by issuing a press release to media throughout Michigan calling for a portion of that surplus to go back to Michigan communities. View the League’s press release here. View an mlive.com article about the budget surplus that includes mention of the League’s request.

Here’s a portion of the press release:
“Over the past dozen years, the Legislature and governor have cut local revenue sharing by more than $6 billion, breaking promise after promise and ignoring statutes that require the appropriations to local communities,” said Daniel Gilmartin, CEO and executive director of the Michigan Municipal League, in the press release. “Instead of appropriating the funds for local services, Lansing used the funds to fill holes in the state budget, to cut taxes, and for other state programs and services. While we recognize the state’s economy was in bad shape, and many state budgets were cut, local revenue sharing paid a far higher price than all the others.”

Gilmartin said the state budget surplus gives the Legislature and governor the opportunity to return some of the cuts they made to local services that keep people safe in their neighborhoods, keep local drinking water clean, maintain local roads and bridges, fund local parks and libraries, and more.

“The state Senate has proposed a 4.8-percent increase in local revenue sharing for the 2014 state budget. Given the anticipated state budget surplus, anything less than that is unacceptable and unconscionable,” Gilmartin said. “I promise that local leaders and their constituents will remember if the Legislature fails to invest part of the surplus to restore some of the massive cuts Lansing has made to revenue sharing and essential local services.”

Gilmartin said that using the surplus to restore cuts to revenue sharing “becomes critical” if the personal property tax (PPT) law passed by the Legislature in December is approved by Michigan voters next year.The PPT law would cut local taxes paid by local businesses to local communities across the state by hundreds of millions of dollars. The law will not take effect unless it is approved by Michigan voters in August 2014. The Legislature has not yet voted to put the question onto the ballot.

Matt Bach is director of communications for the Michigan Municipal League. He can be reached at (810) 874-1073 and mbach@mml.org.

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.

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