Transportation issues at the federal level are nearing a critical phase. The Federal Highway Trust Fund is expected to run out of money some time later this summer. This, while the expiration of MAP-21’s deadline, the federal transportation funding legislation, is nearing at the end of the fiscal year – September 30th. This issue is expected to dominate discussion in DC for the next few months and it is important that local officials reach out to their members of Congress to tell them that the time to act is now! Locals need long term stability when it comes to federal transportation funding and policies. To assist with this effort, the National League of Cities has created a toolkit you can access by clicking here. Congress needs to hear about this important issue!

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

A set of bills allowing microwbrewers to provide tastings and sell their beer at farmers markets, HB 5426 (Rep. Marcia Hovey Wright) and HB 5427 (Rep. Andy Schor), passed out of the House Regulatory Reform Committee this week.  Microbrewers would be defined as not producing more than 6,000 gallons of beer a year and would be limited to only allowing the sale of growlers (2 per person per day) under the legislation that passed committee.

Similar legislation was signed into law last year creating a farmers market permit that would allow a small wine maker to conduct tastings and sell wine at farmers markets. These two pieces of legislation expand that to allow for microbreweries to do the same.

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.

The Senate Agriculture committee took up a second week of testimony on Thursday on the changes to the Generally Accepted Agricultural Management Practices (GAAMPs) changes.

The changes recently approved by the Commission add a new category 4 that states land is not suitable for livestock if the area of the community is primarily residential (defined as more than 13 homes within 1/8 of a mile of the animals, or with any home within 250 feet of the proposed facility) AND does not allow for agricultural use.  This would still allow a local community to have an ordinance allowing livestock within their community in these areas if they choose to do so.

At the end of the committee hearing the chair, Rep. Joe Hune, expressed his desire to form a work group of individuals and organizations on either side of the aisle, legislators and the department to work this issue out.

If our communities have had or continue to have issues dealing with Right to Farm and the GAAMPs especially as this process moves forward with the new changes, please make me aware of them so those concerns can be passed along to the MDARD and then to the Commission (a request they made to us during their last Commission meeting).

Additionally, MSU Extension has written a few great articles regarding the changes and the positive impact this has on a local communities ability to allow for these types of activities within their own communities.  They can be found here:

Changes to Site Selection GAAMP mean communities have greater opportunity to plan for food systems

New Right to Farm Act Siting GAAMP now in effect

New Right to Farm Site Selection GAAMPs needs local government attention

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.

The full House passed a package of bills, House Bills 5566-5575, that seek to deal with the bankruptcy in the City of Detroit. The state will appropriate $194.8 million dollars that will go toward the city’s pension system.

In exchange there are a number of conditions set forth in the package. The bills create an oversight commission that will have approval over the city’s major financial decisions including contracts over $750,000 and collective bargaining agreements. As amended in committee if the commission does not reject a contract for $750,000 or more in 30 days it would be deemed approved. Public Act 312 awards are also subject to review by the commission.

The legislation also requires the city to establish the position of chief financial officer. The bills as amended in committee allow the City to choose between defined contribution plans and defined contribution for new hires but caps the city contribution at 7 percent of base pay. The package also prohibits the City of Detroit from opting out under PA 152 of 2011.

The bills limit travel pay for retirement system board members. Additionally they prohibit new millages for the Detroit Institute of Art. This was an area of concern for many legislators and this particular bill passed more narrowly than the others (66-44).

The bills very narrowly define eligibility for these provisions as a city over 600,000 that is in bankruptcy.

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

HB 5273 passed the full House this week, a bill dealing with Michigan investment markets.  HB 5273 would give businesses and residents in Michigan the ability to create a stock exchange through which intrastate stocks can be listed, bought, sold and resold. Those interested in purchasing stock from local companies would have easy access to the listings of all the companies on the exchange and show these potential investors that there is indeed a market for what they may be purchasing.  Exchanges must apply and be registered with the state as well as follow rules of operation laid out in the legislation which will provide security for all those participating, both the businesses and the investors.

This is the next progression from the MILE/crowdfunding legislation that was passed earlier this year and we are thankful to Rep. Jenkins for working so diligently to help small businesses in our local communities grow and prosper.

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. 

The Senate passed SB 846, a bill that amends the Michigan liquor control code dealing with redevelopment liquor licenses and is identical to HB 4257 that passed the House late last year. According to a recent determination by the Liquor Control Commission, only businesses in cities are eligible for redevelopment liquor licenses. This determination is counter to the last six years, where the Liquor Control Commission has allowed the redevelopment licenses in redevelopment districts to be for cities, villages, or townships. This bill is an attempt to rectify this issue and clarifies eligibility for the redevelopment liquor licenses in the development districts to cities, villages, and townships. We have heard from multiple villages worried about this because their redevelopment efforts are coming to a halt without being eligible for these redevelopment licenses.

This bill now moves onto the Senate.

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.

HB 5560, a bill allowing for more online public notice announcements over a phased in period, received a second hearing in the House Local Government Committee Thursday. Thank you to Ann Arbor city clerk, Jackie Beaudry, who testified in support of the legislation.  Also in attendance supporting the legislation were the Michigan Broadcasters Association, WoodTV 8, and Clear Channel West MI.  The Michigan Press Association testified in opposition to the legislation.

This bill, phases in online notices over a 10 year period and creates a three tiered system to indicate how many times a public notice should be required in a print publication and online during each phase of the phase-in approach.

The three tiers can be described as:
Tier A: Issues affecting property rights and taxes.
Tier B: everyday business for the local government of public interest.
Tier C: Everyday business that often does not require community feedback but may be of interest to the public or should be readily available online.

By the year 2025, each tier and publication requirement would look like the following, remembering there are two periods of 5 year increments that allow a local community to diminish the number of print notices and increase the number of online notices:
Tier A: Public notice would be posted on the active portion of a website for 30 days.
Tier A with a link: Public notice would be posted on the active portion of a website for 30 days with a link to the full document.
Tier B: Public notice would be posted on the active portion of a website for 14 days.
Tier B with a link: Public notice would be posted on the active portion of a website for 14 days with a link to the full document.
Tier C: Public notice posted on the active portion of the website for 14 days.

There would still be a requirement to have a hard copy on hand at the local unit of government’s office for inspection for the length of time the notice is required. Additionally, there would be an online archival component necessary as well.

We would like to thank Rep. Amanda Price (chair of the committee as well as the bill sponsor) for taking such a thoughtful, comprehensive approach to this issue taking into account the concerns from all sides. The process was long going through each act that required public notices.  HB 5560 is what is being referred to as the “hub bill” that all of those different acts will point to at the public notice portion.  Each of those acts will have to be amended to make that connection to the “hub bill.” Additionally, any direct mailings that are required to property owners in certain acts will be maintained.

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.

Yesterday the House reported House Bills 5193 and 5194, bills that amend the Open Meetings Act (OMA).

House Bill 5193 prohibits a local unit from going into closed session in connection with anticipated litigation. House Bill 5194 indicates that if a public body reenacts a disputed decision in cases where an action has been initiated to invalidate a decision of a public body then that reenactment is not a defense to a criminal action.

Originally the League testified in opposition to the legislation. In particular the changes to HB 5193 are confusing and unnecessary. However there was an amendment added in committee to HB 5193 that clarified what was meant by “anticipated litigation” at the request of the League and the Michigan Association of Municipal Attorneys which was extremely helpful.

The legislation now goes to the Senate 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

Yesterday the House unanimously passed House Bills 5414 and 5501, legislation that would repeal Driver Responsibility Fees. The fees were enacted over a decade ago to penalize “bad” drivers. The fees have contributed more than $100 million to the state’s general fund.

In addition they fund Fire Protection Grants for local communities. Fire Protection Grants are given to communities who have state buildings (i.e., office buildings, prisons, universities) that are not on the tax rolls to compensate for fire protection.

The League approached the sponsors and asked for dedicated funding for Fire Protection Grants. The committee discussed at length that they would find funding for these important grants. The sponsor is working with the House Fiscal Agency to identify a dedicated source of revenue.

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 Senate passed 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 legislation now goes to the House for consideration.

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