Repeal of MDOT Annual Certification of Employee-Related Conditions Awaits Final Passage in the House

Senate Bill 882 that repeals the MDOT Annual Certification of Employee-Related Conditions under Act 51 Section 18j is currently awaiting final passage in the House. This bill was voted out of the Senate just before the Legislature left for their summer break by a vote of 35-1. Upon their return in September we knew we would be working on a short timeline to get this bill out of the House. The first committee hearing on the bill was last week and our testimony was well received by the committee. Following committee there were a few questions that were brought up by policy staff in the House that we addressed and after some debate the bill was brought up for a vote in committee. It passed by a margin of 13-2.

There continued to be some questions raised by a few legislators about the need to repeal requirements placed on local government. As a result further movement on the bill was suspended and discussions and negotiations resumed. Yesterday the League supported compromise with the House that would remove the requirements for additional dashboards and financial reporting but would still require us to certify to MDOT on an annual basis that we are in compliance with PA 152. The legislation would also push the implementation date back a year to September 30, 2015. Please click on the following link for the most recent version of the bill. 2014-SCVBH-0882-14645

After reaching the compromise, the House moved the bill from 2nd reading to 3rd reading but did not vote on it. They will not return to session again until next Tuesday September 30th, the current implementation date in statute. In our discussions with the House they have indicated that when they return next Tuesday they will vote on the bill with the changes mention above and send it back to the Senate for concurrence. The plan is for the Senate to concur in the changes to the bill later that day, send it to the governor for signature, and just narrowly beat the deadline.

The bill does not represent the full repeal that we pushed for but we believe it is a very good compromise at the end of the day.

As you know nothing is guaranteed until the Governor’s signature is dry, but at this point, based on the conversations we have had with legislators and staff, we are confident that SB 882 will be passed on Tuesday.

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

MDOT Annual Certification of Employee-Related Conditions Due September 30th

Beginning September 30, 2014, and annually each September 30 thereafter, certification must be made for compliance to Section 18j of Public Act 51 of 1951, MCL 247.668j. A local road agency must certify that it has developed an employee compensation plan for its transportation employees as described OR the local road agency must certify that medical benefits are offered to its transportation employees or elected public officials in compliance with the publicly funded health insurance contribution act, 2011 PA 152, MCL 15.561 to 15.569, OR, that it does not offer medical benefits to its transportation employees or elected public officials. For a copy of the annual certification form please click here.

In addition, a local road agency shall maintain a searchable website accessible by the public at no cost, or the local road agency may reference this state’s central transparency website as the source for the information required. The information required includes all of the following, current fiscal year budget, the number of active transportation employees of the local road agency by job classification and wage rate, a financial performance dashboard that contains information on revenues, expenditures, and unfunded liabilities, the names and contact information for the governing body of the local road agency, and a copy of the annual certification form. If you elect to reference the state’s central transparency website the email to send a searchable pdf of the information to is MDOT-Outreach@michigan.gov. The website that should be used as a link the central transparency website on your webpage is www.michigan.gov/act51 and it will be part of the Legislative Reports under the Resources heading.

If a local road agency does not have a website, you may send a searchable pdf of your information to jlamacchia@mml.org at the Michigan Municipal League and it will be posted to their web page.

For more information please read Section 18j Frequently Asked Questions provided by MDOT.

The League continues to advocate that certifying to MDOT that we are in compliance with PA 152, which by law we are required to be in compliance with, is redundant, unnecessary, and an inefficient use of time. We have also advocated that the creation of another dashboard is unnecessary because of the public access to our current dashboards, F65 Forms, audits, and our comprehensive annual financial reports. SB 882 that would repeal these requirements has passed the Senate and awaits a hearing in the House. We are still hopeful that this legislation will pass before September 30th but there is no guarantee. We encourage you to prepare as if this requirements will continue to be due on September 30, 2014.

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

Senate Passes Repeal of Annual Certification to MDOT

In December of 2012 Public Act 506 was enacted that required local road agencies to certify the the Michigan Department of Transportation that the had developed and publicized an employee compensation plan or were in compliance with with PA 152 of 2011. The law requires a local road agency to maintain a searchable website accessible by the public at no cost that includes the following: a) current fiscal year budget, b) the number of active transportation employees of the local road agency by job classification and wage rate, c) information on financial performance, d) the names and contact information for the governing body of the local road agency, and e) a copy of the certification mentioned above. Compliance with these provisions needs to take place no later than September 30, 2014.

The League has advocated that certifying to MDOT that we are in compliance with PA 152, which by law we are required to be in compliance with, is redundant, unnecessary, and an inefficient use of time. We have also advocated that the creation of another dashboard is unnecessary because of the public access to our current EVIP dashboards, F65 Forms, audits, and our comprehensive annual financial reports.

As a result Senator Casperson introduced SB 882 that would repeal the provisions section 18j for cities and villages. This bill was take up before the full Senate today and vote out with nearly unanimous support. This bill now moves to the House where we are hopeful that progress will continue to be made and these unnecessary requirements will be repealed before the implementation date of September 30, 2014.

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

Senate Transportation Committee Votes Out Repeal of Annual Certification to MDOT

In December of 2012 Public Act 506 was enacted that required local road agencies to certify the the Michigan Department of Transportation that the had developed and publicized an employee compensation plan or were in compliance with with PA 152 of 2011. The law requires a local road agency to maintain a searchable website accessible by the public at no cost that includes the following: a) current fiscal year budget, b) the number of active transportation employees of the local road agency by job classification and wage rate, c) information on financial performance, d) the names and contact information for the governing body of the local road agency, and e) a copy of the certification mentioned above. Compliance with these provisions needs to take place no later than September 30, 2014.

The League has advocated that certifying to MDOT that we are in compliance with PA 152, which by law we are required to be in compliance with, is redundant, unnecessary, and an inefficient use of time. We have also advocated that the creation of another dashboard is unnecessary because of the public access to our current EVIP dashboards, F65 Forms, audits, and our comprehensive annual financial reports.

As a result Senator Casperson has introduced SB 882 that would repeal the provisions section 18j for cities and villages. The committee unanimously voted this bill out of committee today. We are committed to working with the legislature to see this bill move forward and are hopeful that it will be voted out of the Senate as soon as next week.

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

Senate Transportation Committee Takes Testimony on Repealing Annual Certification to MDOT

In December of 2012 Public Act 506 was enacted that required local road agencies to certify the the Michigan Department of Transportation that the had developed and publicized an employee compensation plan or were in compliance with with PA 152 of 2011. The law requires a local road agency to maintain a searchable website accessible by the public at no cost that includes the following: a) current fiscal year budget, b) the number of active transportation employees of the local road agency by job classification and wage rate, c) information on financial performance, d) the names and contact information for the governing body of the local road agency, and e) a copy of the certification mentioned above. Compliance with these provisions needs to take place no later than September 30, 2014.

The League has advocated that certifying to MDOT that we are in compliance with PA 152, which by law we are required to be in compliance with, is redundant, unnecessary, and an inefficient use of time. We have also advocated that the creation of another dashboard is unnecessary because of the public access to our current EVIP dashboards, F65 Forms, audits, and our comprehensive annual financial reports.

As a result Senator Casperson has introduced SB 882 that would repeal the provisions section 18j for cities and villages. The League testified in committee today supporting this bill and there was no opposition. We are committed to working with the legislature to see this bill move forward and are hopeful that it will be voted out of committee as soon as next week.

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.