2011 Public Acts

2011 has been one of the most active years in recent memory regarding changes in laws impacting local government operations. The following is a list of public acts that could be of interest to township officials. Further information, including the actual new laws, as well as nonpartisan analysis papers can be found at http://www.legislature.mi.gov/ .

PA 1 & 2 Environment /Agriculture - Sen. Joe Hune (R-Hamburg Twp.)  & Rep. Kevin Daley (R-Arcadia Twp.) Codifies the Michigan Agriculture Environmental Assurance Program (MAEAP) and provide incentives for voluntary compliance with the program.

PA 3 Tourism - Rep. Wayne Schmidt (R-Traverse City) Distribution of the 21^st century jobs fund money into funding the "Pure Michigan" campaign.

PA 4 Emergency Managers - Rep. Al  Pscholka (R-Lincoln Chtr. Twp.) Creates the emergency manager act for local governments and school districts and rescinds the emergency financial manager laws.

PA 5-7 Emergency Managers - Rep. Al Pscholka (R-Lincoln Chtr. Twp.) References various current laws to the provisions of emergency managers. 

PA 9 Public Employees - Sen. Phil Pavlov (R-St. Clair Twp.) Requires all public employee labor contracts to include language that the contract is subject to the new emergency manager law.

PA 13 Billboards - Sen. Roger Kahn (R-Saginaw Chtr. Twp) Allows interim sign permits for existing billboard structures along highways.  

PA 20 Liquor Permits - Sen. John Pappageorge (R-Troy) Creates catering permit, which will allow certain on-premises license holders to serve alcohol at locations other than the licensed premises.

PA 24 DDA - Rep. Matt Huuki (R-Stanton Twp.) Allows certain downtown development authorities to refinance their indebtedness to reduce annual payments and lengthen the time period that they are paid.

PA 25 Public Employee Pension Boards - Rep. Fred Durhal (D-Detroit) Makes the membership of certain police and firefighter pension boards a prohibited subject for collective bargaining agreements.

PA 27 Sunday Liquor Licenses - Sen. Rick Jones (R-Oneida Chtr. Twp.) Clarifies earlier legislation that implemented special liquor licenses for the sale of regulated beverages on Sunday mornings.

PA 38 Property Tax Refunds - Rep. Jud Gilbert (R-Clay Twp.) Limits who is eligible to receive a homestead property tax credit when filing a Michigan Income Tax return.

PAs 40-44 Public Pension Income Tax - Rep. Jud Gilbert (R-Clay Twp.) Eliminates much of the tax exempt status under the Michigan Income Tax for pensions paid to retired public employees.

PA 48 Outdoor Elevators - Sen. John Proos (R-St. Joseph Chtr. Twp.) Modifies the construction standards for the use of incline elevators by homeowners association along cliffs or steep banks.

PA 54 Public Employees - Sen. Phil Pavlov (R-St. Clair Twp.) Provides new limitations on providing pay raises, step-rate increases or increased cost of health care and payment of retroactive pay raises after a public employee contract has expired and before a new contract is approved.

PA 63 Revenue Sharing - Rep. Chuck Moss (R-Birmingham)  Appropriation authorization that includes constitutional revenue sharing as well as sets the guidelines for Economic Vitality Incentive Program (EVIP), the new statutory revenue sharing program.

PA 79 Farmland Preservation - Rep. Andrea LaFontaine (R-Richmond Twp.) Modifies the amount of tax that must be paid when withdrawing from the farmland preservation program in certain circumstances.

PA 81 & 82 Commercial Building Redevelopment - Rep. Sharon Tyler (R-Niles) & Sen. Mike Kowall (R- While Lake Chtr. Twp.) Expands definition of when a commercial property can qualify for rehabilitation programs.

PA 90 Environmental Permit Fees - Sen. Roger Kahn (R-Saginaw Chtr Twp.) Extends the sunset on various fees charged for environmental protection programs, including those paid by local government.

PA 96 Dissolving Lake Boards - Rep. Eileen Kowall (R-White Lake Chtr. Twp.) Creates procedures for dissolving lake improvement boards by petition of property owners.

PA 97 On-Farm Ethanol Plants - Sen. Arlan Meekhof (R-Olive Twp.) Authorizes the use of ethanol production facilities on property zoned for agricultural production in certain circumstances.

PA 98 Public Construction Contracts - Sen. John Moolenaar (R-Midland) Prohibits the use of certain provisions that may limit which companies may bid on public entity construction contracts.

PA 107 Road Shoulders/Off-Road Vehicles - Sen. Darwin Booher (R-Osceola Twp.) Expands the area of the state where off-road vehicles may travel using road shoulders.

PA 110 County Board of Public Works - Sen. Howard Walker (R-Peninsula Twp.) Eliminates incompatible office issue with township supervisor serving on a county board of public works.

PA 113 Gravel Mining - Rep. Matt Huuki (R-Stanton Twp.) Revises laws related to the siting of gravel mines.

PA 114 Public Employees/Land Transfer Agreements - Rep. Nancy Jenkins (R-Dover Twp.) Amends how public employees must be handled if they change employers as a result of a land transfer under a PA 425 agreement.

PA 115 Private Roads/Law Enforcement - Rep. Frank Foster (R-Pellston) Permits counties to enforce certain vehicle code violations that take place on publically accessible private roads.

PA 116 Police/Fire Binding Arbitration - Rep. Jeff Farrington (R-Utica) Modifies criteria to be used in binding arbitration for police and firefighters.  Also modifies who is eligible for binding arbitration.

PA 117 & 118 PILT/Natural Resource Trust Fund - Reps. Joel Johnson (R-Clare) & Frank Foster (R-Pellston) Revises provisions of the Natural Resource Trust Fund Act to allow resources to be used to pay annual PILT payment to local governments if the land was acquired by the trust fund.

PA 119 Road Funding - Rep. Dale Zorn (R-Ida Twp.) Allows counties to use general funds raised from property taxes in certain situations to be transferred into the county road fund for road improvements.

PA 122 & 123 Transportation Authorities - Reps. Margret O'Brien (R-Portage) & Sean McCann (D-Kalamazoo) Allows two transportation authorities to service one area under certain circumstances.

PA 126 Property Tax/Treasurer Hours - Rep. Joel Johnson (R-Clare) Requires treasurers to be in their offices on the last day that summer tax bills are due.

PA 137 & 138 Public Employee/Minimum Staffing - Sens. Dave Hildebrand (R-Lowell Chtr. Twp.) & Bruce Caswell (R-Adams Twp.) Prohibits ordinance that establishes minimum staffing levels for employees.

PA s 147-150 Water/Sewer Operations - Sen. Roger Kahn (R-Saginaw Chtr. Twp.)  New and/or increased fees for sewer and water plant operators  as well as landfills.

PA 152 Public Employee Health Insurance - Sen. Mark Jansen (R-Gaines Chtr. Twp.) Mandated public employee contribution to pay for health insurance.

PA 163 Presidential Primary - Sen. Randy Richardvile (R-Frenchtown Chtr. Twp.) Revises the date for the 2012 presidential primary.

PA 167 Geological Survey - Sen. Tonya Shuitmaker (R-Antwerp Twp.) Transfers the responsibility of the Michigan Geological survey duties to Western Michigan University.

PA 196 Fire Departments Incompatible Offices - Rep. Paul Muxlow (R-Burnside Twp.) Allows for fire chiefs in townships or villages with populations under 3,000 to serve in other positions in the municipality.

PA 204 Notary Public - Sen. James Marleau (R-Orion Chtr. Twp.) Increases penalties for notary public violations.

PA 215 Landfills - Rep. Andrea LaFontaine (R-Richmond Twp.) Eliminates secondary liner and leachate collection system for landfill used for research and demonstration project.

PA 219 Liquor Brewpubs - Rep. Doug Geiss (D-Taylor) Allows the consumption of certain alcoholic liquor by home brewers on the premises of micro-brews and brewpubs.

PAs 232 & 233 School Elections - Sen. Patrick Colbeck (R-Canton Chtr. Twp.) & Rep. Kurt Heise (R-Plymouth Chtr. Twp.) Moves school elections to even-year November.

PA 249 Liquor License Higher Education - Sen. Mike Nofs (R-Battle Creek) Allows liquor license for certain community college and university programs related to food preparation.

PAs 251-254 Economic Revitalization Brownfields - Sens. John Pappageorge (R-Troy), Mike Kowall (R-White Lake Chtr. Twp.), Geoff Hansen (R-Hart Twp.) & Tonya Schuitmaker  (R-Antwerp Twp.) Creates economic revitalization program to replace brownfield and historic preservation business tax credits.

PAs 256 & 257 Fireworks - Rep. Harold Haugh (D-Roseville) & Sen. Rick Jones (R-Oneida Chtr.Twp.) Expands the types of fireworks that may be sold in the state and prescribes licensing requirements.

PAs 258 & 259 Joint Services - Sen. Mark Jansen (R-Gaines Chtr. Twp.) Creates the Municipal Partnership Act and details provisions for establishing and funding services on a multi-government basis.

PAs 260-263 Cooperative Services/Employee Contracts - Sens. Arlan Meekhof (R-Olive Twp.), Mike Kowall (R-White Lake Chtr. Twp.), Reps. Paul Opsommer (R-DeWitt) & Thomas Hooker (R-Byron Twp.) Modifies provisions in several laws regarding pay and benefits for employees that may be involved in establishing consolidated or coordinated services.

PA 266 Workers' Compensation - Rep. Bradford Jacobsen (R-Oxford Chtr. Twp.) Tightens the conditions under which an employee may be eligible to receive workers' compensation. Police and firefighters are not subject to the tighter standards.

PA 271 911 Multiline Phone Systems - Rep. Paul Opsommer (R-DeWitt) Modifies timeline for businesses with multi-line phone systems to establish a system where an emergency call from any phone in that system can be identified as to its exact location in the building.

PA 273 Property Tax Assessment/Farms - Rep. Jud Gilbert (R-Clay Twp.) Modifies the Homestead Property Tax Credit of the Michigan Income Tax so that the credit is calculated solely on the value of the home and not the lands for farm property.

PA 289 Property Tax Assessment/Farm Equipment - Rep. Kevin Daley (R-Arcadia Twp.) Exempts machinery used to install drainage tile or tubing in farm fields from personal property taxes based on percentage of total use for that purpose.

PA 297 Public Employees/Health Insurance - Rep. David Agema (R-Grandville) Prohibits offering health insurance coverage to the domestic partners of public employees.

PA 298 Liquor/Breweries - Rep. Margaret O'Brien (R-Portage) Modifies barrel production limit for breweries for on-site consumption.

PAs 318 & 319 Property Tax Assessment/Utility Turbines - Rep. Jim Stamas (R-Midland Chtr. Twp.)  Clarifies statutes that gas, coal or steam turbines used to generate electricity shall be classified as utility personal property and are not exempt from educational millages.

PA 320 Property Tax Assessment/Agricultural Property - Sen. John Moolenaar (R-Midland) Wildlife risk mitigation area shall be classified as agricultural land when they are part of a property that is otherwise classified as agricultural.

PA 321 Property Tax/Rejected Taxes - Sen. Burt Johnson (D-Highland Park) Revises procedures for handling properties that should not have been taxed.