In This Issue Township Officials
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A LEGISLATIVE UPDATE FOR TOWNSHIP OFFICIALS JULY/AUGUST 2020 Township officials: Urge legislators to oppose sand and gravel bills TA is asking township officials to continue conversations with their state representative and senator on sand and gravel mining legislation, Senate Bill 431 Mand the recently introduced House Bill 5979. Your conversations with state legislators, sharing the impact the • change the process for a zoning decision challenged in court by elimination of local zoning and oversight authority the bills will have on eliminating the consideration of any prior judicial proceedings or your community—regardless of where the operation would be located review of the zoning ordinance/decision or its impact to nearby residents, businesses, schools or others—are A substitute for SB 431 has been proposed, but it does not provide extremely beneficial. any substantive change for local governments, it does not remove or The bills are an attack on a local government’s ability to plan and alleviate our concerns—nor did the discussions on the substitute involve zone for sand and gravel operations, virtually eliminating a township’s any organization representing local government. authority for sand and gravel mining operations—creating a one-size- MTA encourages members to continue to talk with their fits-all process. legislators urging opposition to SB 431 and HB 5979. While discussions are ongoing, the bills currently: MTA greatly appreciates the outreach of township officials who • remove your township’s authority to approve, deny or request have contacted their state legislators urging opposition to the bills and changes to an application or special land use permit—regardless to those who provided the Association copies of their ordinances. If of zoned location (residential, industrial, agricultural, commercial) your township has sand and gravel mining ordinances and you have • eliminate your local oversight over mining operations not previously forwarded to MTA, please email them to legislation@ • remove the ability to regulate truck loading hours, blasting hours, michigantownships.org. noise levels (decibel level proposed exceeds EPA standards) and dust based on proximity of mining operation to residences/ in this issue businesses 2 Multiple bills propose changes to • eliminate any local approval of truck/haul routes • prohibit reasonable requirements for setbacks and stockpiling— election administration allowing stockpiles of 70 feet and the operation of crushing 3 Share your input on MTA’s legislative policy platform equipment 300 feet from a residence • eliminate the ability for a township to conduct an annual review Major changes proposed to solid waste management to address any problems • reduce financial assurance reclamation to a level that is insufficient 4 Bills would assist local governments with to cover costs to close mining operations and restore property— stormwater and sewer backup issues maximum of $3,000—regardless of the size of mining operation Bill would allow special assessments for internet service Required AVCBs—Absent voter counting boards (AVCB) would be required under HB 5123, sponsored by Rep. Bollin, for communities with two or more precincts, with an exception for those communities with two precincts and less than 6,000 registered voters. The legislation is intended to move the tabulation of AV ballots from the precincts to AVCBs to avoid the appearance that the tabulator is being “stuffed” by election workers. MTA worked with the bill sponsor to increase the threshold and to allow an exception for those local units with two precincts but less than 6,000 registered voters. HB 5123 is pending before the House Ways and Means Committee. AVCB election inspectors—Election inspectors could work in shifts for AVCB tabulating ballots under Senate Bill 756, sponsored by Sen. Ruth Johnson (R-Holly Twp.). The measure is intended to assist clerks and election workers in processing large volumes of AV ballots. SB 756 specifies that once tallying has begun, no election Multiple bills propose changes to worker could leave an AVCB until after the polls close, and one election inspector from each political party must always be present election administration during the process. The House Elections and Ethics Committee removed language that would have limited the option to only everal bills impacting elections administration—from polling those local units with 10,000 or more active registered voters. The locations and precinct sizes to absent voter county boards and bill would now permit all communities to utilize this process and Spermanent absent voter (AV) lists—are being considered by the schedule election inspectors appointed to an AVCB to work in shifts Legislature. on Election Day. The bill is also pending before the House Ways and Polling locations—In an effort to assist clerks, polling place Means Committee. locations would be expanded under House Bill 5031, sponsored AV pre-processing—SB 757, also introduced by Sen. Johnson, by Rep. Ann Bollin (R-Brighton Chtr. Twp.). Currently, polling would allow clerks in local units over 25,000 in population to begin places are generally held in public buildings and in some cases, pre-processing activities of AV ballots from 10 a.m. to 8 p.m. on buildings owned by tax-exempt organizations if public buildings the Monday prior to an election. This would provide authorization are not available or convenient. However, many local clerks have to open AV ballot return envelopes and place returned ballots into a had difficulty finding appropriate polling places as school districts secrecy envelope (if the voter failed to do so). It would not authorize have curtailed the use of school buildings for voting in recent years. removal of the ballot from the secrecy envelope for counting before Under HB 5031, if a location currently allowed were not reasonably Election Day or allow the removal of ballot stubs. Procedures available, any privately owned clubhouse or conference center located for absent voter ballot secrecy envelope containers would also be within an apartment or condo complex, hotel or motel conference established under the bill. center, or recreation clubhouse—such as a golf club or park complex The in-person deadline for voters to receive a new ballot if they clubhouse—could be designated as a polling place. The bill would spoil their absentee ballot would also change. The current deadline prohibit the use of a privately owned building if the owner is a of 4 p.m. the day before an election would move to 10 a.m. the day sponsor of a political committee or independent committee. The bill before the election to correspond with the early pre-processing of AV is currently before the House Ways and Means Committee. ballots. Provisions would require notification to the secretary of state Permanent AV list and increased precinct size—HB 5032, also (SOS) 40 days before the election, require the SOS to post a notice introduced by Rep. Bollin, would require township and city clerks to received from a city or township clerk on the Department of State’s maintain a permanent AV application list, allowing voters to request website, and require a clerk to post a notice on the local government’s their name be placed on the list. Currently, the use of a permanent website. The bill is currently before the full Senate. AV application list is optional, and if a local unit does not maintain a list, a voter must request an application for an AV ballot before each election. Under the legislation, voters could request they be placed on a permanent list in person, by fax, email or mail, and the information would be entered into the Qualified Voter File (QVF). Local clerks would be required to automatically mail voters on the AV list an Township Insights, MTA’s weekly e-newsletter, application before each election. If a voter moved, the request would offers timely information and updates about legislative automatically transfer to the new municipality. happenings, as well as news, programs and resources Additionally, HB 5032 would increase the number of electors allowed per precinct from the current maximum of 2,999 to that can help you better serve your community. Look 5,000 beginning in 2022. The bill would also allow precincts to be for the latest on what’s happening in Lansing, grant consolidated for any election except a November general election¬— opportunities—and more! if the change would not exceed 5,000 and would not change the polling place for the precinct. The bill is currently before the House Not receiving Township Insights in your email? Contact Ways and Means Committee. [email protected]. 2 JULY/AUGUST 2020 | township voice www.michigantownships.org The state’s reliance on heavily disposing of waste into landfills 2020-21 MTA Board-approved legislation policy platform for decades ranks Michigan with one of the worst state recycling Share your The following legislative policy platform was approved by the MTA Board of Directors to guide the Association’s legislative efforts for 2020-21. In the absence of an MTA Annual Meeting, an MTA-member briefing providing an opportunity for questions and answers, and a review of the platform will be held virtually. rates in the country—at only 15%, lagging behind all other Great Vision Statement input on The Michigan Townships Association envisions a • Oppose expansion of property tax exemptions and support the state assuming administration and funding Lakes states. To combat this problem, former Gov. Rick Snyder