Historic Preservation Legislation Continues Forward

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SBs 21 and 22, bills dealing with historic preservation of DDA owned properties, passed out of committee last week.  The bills require a DDA to submit proposed changes to the exterior of a DDA owned historic property that is on either the State Register of Historic Sites or the National Register of Historic Places to the State Historic Preservation Office (SHPO) for a review.

In cases that deal with proposed demolition of those properties, a requirement that the DDA seek a review and approval from SHPO.  SHPO has 30 days to review and approve or deny the proposed demolition.  If there is a denial, the DDA may appeal the decision of SHPO.  If a DDA decides they are going to bypass this approval/denial process, there is a $30,000 civil fine attached.  That fine goes into a fund for grants that the local municipality can turn to for historic preservation purposes.

There was concern that SHPO is short staffed as it is and they would not be able to keep up with this additional work load.  Because of that, there is a 5 year sunset so it can be re-evaluated to see its effectiveness.

Both the Michigan State Housing Development Authority and Michigan Historic Preservation Network are supportive of this legislation.

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

Federal Budget Conference Committee Holds Hearings

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The joint House and Senate Conference Committee on the budget is having hearings to negotiate the 2014 federal budget. The deadline to reach an agreement is December 13. However, as has been the case all year, significant differences remain between House Chairman Paul Ryan (R-WI) and Senate Chairwoman Patty Murray (D-WA). There was some discussion at the first hearing that there might be small scale agreement put in place that would provide relief from sequestration-driven budget cuts set to go into effect mid-January. The League will continue to update you on federal budget progress as the discussions move forward.

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

CALL MISS-DIG! Failure to do so could result in penalties!

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CALL MISS-DIG. Under the legislation passed unanimously yesterday by the House, a local unit of government faces penalties if they do not call the MISS-DIG system when beginning a project that involves digging. If a local unit does call MISS-DIG there is no liability.

This morning the House Energy and Technology Committee unanimously reported on Senate Bills 539 and 540.  Originally the legislation last session would have entirely exempted any action under the MISS-DIG Act from government immunity. That was problematic for us, so the fee structure arose as a result of many discussions with the Senate and the Governor’s office, as well as utility stakeholders. The League always has concerns with expanding government immunity.  Given, however, the inclination of the legislation to create an exception to governmental immunity, this is an extremely narrow exception.

The legislation will now head to the Governor for his signature.

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

MDOT Letter Regarding Annual Certification of Employee-Related Conditions

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Over the past few weeks many members have received a letter from the Michigan Department of Transportation about complying with section 18j of Public Act 51 (MCL 247.668j). A copy of the letter can be found here. Act 51 Letter

The League became aware of this letter when a member brought it to our attention and it has come up multiple times since then. We have spoken with Lori Cole at MDOT and the Legislative Liaison for the department to make them aware of our concerns. Based on the conversation that we had with Lori, she understands there are some issues that need to be looked at and possibly corrected. She stated that it is not the departments intention to have the unintended consequence of withholding Act 51 road dollars because of the potential lack of clarity within the statute. Specifically I spoke with the department about clarifying the language about being in compliance with healthcare cost savings requirements and its interaction with PA 152, the creation of a webpage, and the need to better define transportation worker.

Our goal is to address these issues with the department to protect our Act 51 road dollars and not have our communities go through a similar process that they are already going through with EVIP. Providing that information to the State once should be enough and their departments should share it with each other. Very likely this will require further legislation to achieve these goals but it is an issue that we are engaged in and are pushing for action on in the near future.

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.

 

 

Bill to Limit New Millage Elections Gets Hearing in the House

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The House Elections and Ethics committee took up a package of bills to limit when new elections could be placed on the ballot yesterday.  HB 4887 (Rep. Dan Lauwers) is among the package (including HB 5115-5116 dealing with schools sponsored by Rep. Lisa Posthumus Lyons) and would only allow local municipalities to place new millages on the ballot for the August regular election date or the November regular election date (straight renewals can be done at any of the four election dates).  The argument of the bill is there is greater voter turnout in the August and November elections so new millages should only be allowed to be voted on during those times. The introduced version of the legislation only allowed a millage to be placed on the ballot for the November General Election but a substitute changing it to each August and November election was adopted.

This is a complete infringement on local control. The funding our municipalities have received from the state by way of revenue sharing/EVIP has been cut by $6 billion in the last decade.  Additionally, Proposal A and Headlee severely limit revenue increases at the local level.  The cuts at the state level coupled with Proposal A and Headlee have left local communities to essentially fend for themselves, which means asking their residents to vote on millages to cover cost of services.  Limiting the timeframe as to when they can ask voters to vote on millages further ties the hands of our local units of government to operate effectively.

The League testified in opposition as did the Michigan Township Association and the Michigan Library Association.  The school groups and the Michigan Association of Municipal Clerks are opposed as well.

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

Senate Committee Considers Federal Balanced Budget Resolution

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Yesterday the Senate Government Operations Committee considered SJR V, a joint resolution that would petition the Congress of the United States to call a convention of the states for the limited purpose of proposing an amendment to the U.S. Constitution requiring a balanced budget, in the absence of a national emergency.  The League opposed this joint resolution.
Specifically, the proposed constitutional amendment would provide that, “in the absence of a national emergency the total of all federal appropriations made by the congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year, together with any related and appropriate fiscal restraints”.
Thirty two states have passed similar resolutions, and thirty four are required to call the convention.  The League is concerned about the impact the stringent spending requirements the resolution would have. The federal government would be forced to choose the programs to cut, and this could include cutting federal funding that helps states pay for schools, roads, water treatment, equipment for police officers, and a range of other state and local priorities. It is very likely that Congress would choose to cut funding for state programs more deeply than they cut funding for federal priorities, under the reasoning that states can raise their own revenue to make up the difference.
Samantha Harkins is Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org.

Crowdfunding Legislation Passes House!

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The Michigan House of Representatives passed the crowdfunding legislation, HB 4996, with 108 yes votes and 0 no votes!  It moves one step closer to full passage and assisting a segment of our economy that will prove to be huge economic drivers, those new small businesses and those wishing to expand.

HB 4996, a creative approach to economic development, will allow the sales of securities to an unlimited number of non-accredited investors, provided the issuer registers with the State of Michigan.  Any Michiganders who do not fit the federal definition of an accredited investor are given the opportunity to support their local entrepreneurs, existing small businesses, and real estate investments.

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

 

 

 

Senate Committee Considers Yard Waste Ban Exemption

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Yesterday afternoon the Senate Energy & Technology held a hearing on Senate Bill 314, a bill that would lift the yard waste ban for landfills that meet certain criteria. This is, however, a community option.

The League is supportive of this legislation as we have for the last few legislative sessions. The crux of the support is that these bills are a local option, and communities can choose what is best for their needs.

The committee voted on the bill, but the vote was defeated 4-5. Chairman Nofs moved to reconsider the vote and indicated that the bill would be taken up again at a later committee meeting.

Samantha Harkins is Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org.

Senate Blight Package Passes Out of House Committee

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The package of blight bills related to communities who have administrative hearings bureaus, SB 35-39, passed the House Local Government committee on Thursday. If you recall, financial institutions and credit unions are exempt from the enhanced penalties outlined in the legislation. However, and amendment was added stating that any entity that is exempt from the legislation (financial institutions, credit unions) must comply with local vacant property and blight ordinances.

Additionally, there has been concern by many communities (both those affected by this legislation and those we are not) with the lack of appropriate contact information when dealing with blighted property notices on financial institution owned property.  In response to those concerns and because of this legislation, the Michigan Department of Information and Financial Services is currently working on integrating a list of registered agents at financial institutions with their website.  In the meantime, anyone who might be interested in that agent information can call DIFS toll-free at 877-999-6442 or DIFS Corporate Review directly at 517-373-7236.

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

Tenant Responsibility Legislation Receives Hearing

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HB 5037, a bill to require local inspectors hold tenants responsible for violations that occur in the area that is under their control received a hearing in the House Local Government committee last week.  This legislation would also state that liens and other sanctions shall not be added onto the property for those violations that occur in the area that is under the tenant’s control.  The League testified in opposition to this piece of legislation along with municipal officials from Fenton, East Lansing and Jackson.  We look forward to working with the sponsor of the bill and his staff to provide feedback on any potential amendments as the process moves forward.

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