2018 Public Acts He Michigan Legislature Finished Its Two-Year Session with a Bang, Sending About 400 Bills to Tthen-Gov
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A LEGISLATIVE UPDATE FOR TOWNSHIP OFFICIALS JANUARY 2019 2018 public acts he Michigan Legislature finished its two-year session with a bang, sending about 400 bills to Tthen-Gov. Rick Snyder for enactment. All bills that were not enrolled effectively died and must be re-introduced to be considered this year. A number of issues that MTA followed throughout 2018 were signed into law. The following is a list of 2018 public acts that may impact townships. PAs 1-2: Sales/Use Tax on the Difference PA 10: Marijuana Facilities (Rep. Klint Kesto)— PA 57: Tax Increment Finance Authority (Sens. Dave Robertson and Dave Revises requirements for the issuance of a (Sen. Ken Horn)—Provides single act for tax Hildebrand)—Accelerates the phase-in on state operating license increment finance authorities, and includes sales and use tax on the difference for motor and provides general amendments. Effective transparency reporting requirements and vehicles and recreational vehicles. Effective Jan. 26, 2018 penalties. Effective Jan. 1, 2019 Jan. 18, 2018 PA 37: Liquor Licenses PA 61: Local Government Compensation PA 7: Deed Restrictions (Rep. Curtis (Sen. Phil Pavlov)— VanderWall)—Modifies the population (Sen. Tom Casperson)—Allows for Clarifies prohibition of deed restrictions for threshold for local governments to be compensation for directors of a township or educational purposes. Effective Jan. 26, 2018 eligible to receive a liquor license for a village community center. Effective June 12, 2018 PA 8: Cemeteries (Rep. Julie Alexander)— municipal center or civic auditorium from Eliminates the future deposit of cemetery no less than 9,500 to no less than 5,500. PA 69: Pure Michigan Trails (Sen. Goeff money with county treasurers, and creates Effective Feb. 21, 2018 Hansen)—Makes changes to the Natural a process for county treasurers to transfer Resources and Environmental Protection PA 51: 911 Fees (Sen. Rick Jones)—Increases money to a relevant cemetery operator or Act relating to Pure Michigan trails. fund, or to certify the money as abandoned emergency 911 service charge and prepaid Effective June 17, 2018 and transfer to the county’s general fund. wireless 911 surcharge, and adjusts distribution Effective April 26, 2018 percentages. Effective March 6, 2018 PA 75: Charitable Solicitation in the Roadway PA 127: Absent Voter Ballot (Rep. Tom PA 207: Appropriations (Sen. Dave (Rep. Dan Lauwers)—Modifies definition of Barrett)—Provides procedures for spoiling Hildenbrand)—Provides for FY 2018-19 “charitable or civic organization” in Michigan an already voted, lost or never received appropriations. Effective June 21, 2018 Vehicle Code to include civic and recreational absent voter ballot. Effective May 3, 2018 PA 214: Indigent Defense (Rep. Rob organizations. Effective March 19, 2018 PA 128: Election Record (Rep. Jim Lilly)— VerHeulen)—Modifies the Indigent Defense PA 82: Supplemental Road (PA 51) Clarifies definition of an “aggrieved Commission. Effective Dec. 23, 2018 Funding (Rep. Laura Cox)—Provides candidate” for recount purposes. Effective PAs 238, 239 & 240: State Land Purchase $175 million supplemental appropriation for Aug. 1, 2018 (Sens. Tom Casperson and Darwin Booher, FY 2017-18 road funding. Effective PA 129: Voter Identification (Rep. Aaron and Rep. Gary Howell)—Suspends DNR March 20, 2018 Miller)—Codifies current Michigan voter land purchases if payment in lieu of taxes PA 84: Labor/Benefits (Sen. John Proos)— ID practice by defining and using the phrase not made, approves DNR strategic plan Prohibits local units of government from “identification for election purposes” for and removes state land cap in northern establishing mandatory job interview accepted forms of voter ID. Effective Michigan. Effective Sept. 25, 2018 May 3, 2018 requirements for employers. Effective PA 247: Personal Property Tax (Rep. Dave June 24, 2018 PA 130: Recounts (Sen. Dave Robertson)— Maturen)—Modifies calculation of Local PA 86: Computation of Net Indebtedness Increases fee for certain recounts. Effective Community Stabilization Act payments (Sen. Jim Stamas)—Modifies computation to Aug. 1, 2018 and implementation of dynamic formula, modifies Department of Treasury timelines include eligible reimbursements under the PA 132: Personal Property Tax Exemption and provides procedures for underpayments/ Local Community Stabilization Authority (Rep. Jim Tedder)—Revises personal overpayments. Effective June 28, 2018 Act. Effective June 24, 2018 property tax exemption filing from annual to one-time filing as long as personal property PA 248: Local Revenues (Rep. Rob PA 90: Patrol Vehicles (Sen. Pete MacGregor)— remains eligible for exemption. Effective VerHeulen)—Modifies distribution of LCSA Permits electric patrol vehicles on sidewalks May 3, 2018 share revenues. Effective June 28, 2018 under certain circumstances and modifies PA 133: Principal Residence Exemption PA 250: Commercial Rehabilitation equipment requirements. Effective June 24, 2018 (Rep. Pete Lucido)—Modifies principal (Rep. Eric Leutheuser)—Modifies revocation PA 97: Right of Way residence exemption for individual residing of certain commercial rehabilitation (Rep. Beth Griffin)— in nursing home or assisted living facility. certificates. Effective June 28, 2018 Clarifies permit fee limits, bonding Effective May 3, 2018 PA 251: Property Rehabilitation (Rep. Ben. and insurance requirements for PA 139: Golf Carts telecommunication providers working (Rep. Aaron Miller)— Frederick)—Modifies revocation of certain within a county right-of-way; requires Eliminates prohibition of golf carts on obsolete property rehabilitation certificates. state trunk line highway under certain Effective June 28, 2018 county road commissions to have a standard circumstances. Effective Aug. 8, 2018 permitting process for internet and cable PA 263-264: Disaster Fund (Reps. Steve Marino providers wanting to install or maintain lines PA 165: Michigan Natural Resources Trust Fund and Diana Farrington)—Revises cap and and other facilities within road rights-of- (Sen. Darwin Booher)—Appropriates money distribution of disaster and contingency way. Effective July 1, 2018 from the MNRTF to fund recommended fund. Effective June 28, 2018 projects. Effective June 4, 2018 PAs 279 & 280: Cyclists PA 105: FOIA (Sen. Jim Stamas)—Requires (Reps. John Bizon and PA 172: Real Estate Transfer Tax those seeking police records under FOIA to Holly Hughes)—Requires motor vehicle go through agency that created records and (Rep. Dave Maturen)—Expands exemption operator to maintain distance of at least not agency maintaining records in a central from real estate transfer tax for principal three feet when passing a bicyclist. PA 279 system. Effective April 5, 2018 residence that lost value. Effective effective June 28, 2018; PA 280 effective June 11, 2018 Aug. 1, 2018 PA 108: Vehicle Inspection (Rep. Jeff Yaroch)— PAs 182-183: Statute of Limitations PA 323: Michigan Infrastructure Council Allows local government review of collection (Sens. Margaret O’Brien and David and disposition of inspection fees. Effective (Rep. Rob VerHeulen)—Establishes Knezek)—Extends the statute of limitations July 4, 2018 Michigan Infrastructure Council. Effective for certain criminal sexual conduct. PA 182 July 2, 2018 PAs 120-125: Election Law (Sen. Dave effective Sept. 10, 2018; PA 183, effective PA 324: Water Asset Management Robertson)—Updates election laws to remove June 12, 2018 (Rep. Roger Victory)—Establishes Water boards that no longer exist and regulations PA 190: Recall Petitions (Sen. Dave Asset Management Council. Effective for outdated processes, and reorganizes Robertson)—Modifies time required to existing sections. Effective Dec. 31, 2018 notify officer whose recall is sought of a July 2, 2018 PA 325: Transportation Asset Management PAs 126: Qualified Voter File Verification recall petition. Effective June 20, 2018 (Rep. Julie Calley)—Requires secretary of PA 203: Brownfield Redevelopment (Rep. Triston Cole)—Modifies state to develop a process to compare the (Rep. Ben Frederick)—Changes definition of Transportation Asset Management Council state’s registered voter list to federal Social “demolition” in Brownfield Redevelopment and reporting requirements for local road Security system database of death records. Financing Act. Effective June 20, 2018 agencies. Effective Sept. 30, 2018 Effective May 3, 2018 2 JANUARY 2019 | township voice www.michigantownships.org PA 327: Vehicle Storage (Rep. Pete Lucido)— vice president under certain circumstances. PA 484: Special Assessments (Sen. Peter Prohibits local governments, law enforcement Effective March 19, 2019 MacGregor)—Modifies requirements for establishing police and fire services special agencies and universities from operating a motor PA 386: Liquor Licenses (Rep. Curtis assessment district. Effective Jan. 1, 2019 vehicle storage facility. Effective Sept. 30, 2018 VanderWall)—Modifies population quota PA 485: Open Meetings Act PA 337: Minimum Wage—Raises minimum for issuance of specially designated merchant (Sen. Adam wage to $12 per hour and ties rate to license. Effective Dec. 19, 2018 Hollier)—Requires public body to establish procedures to accommodate members’ inflation.Effective March 29, 2019 PA 419: Soil Erosion (Sen. Joe Hune)—Allows absence due to military duty. Effective (Revised by PA 368) joint administration and enforcement of March 29, 2019 PA 338: Paid Sick Time municipal soil and erosion provisions. —Requires employers PAs 493-503: Licensing Requirements to provide paid sick time to employees