HOUSE BILL No. 5977

 

December 2, 2014, Introduced by Rep. Poleski and referred to the Committee on Michigan Competitiveness.

 

     A bill to limit the powers of units of local government to

 

adopt, enforce, or administer certain local mandates for employers;

 

to prohibit local minimum wage, benefit, or leave requirements; to

 

prohibit certain ordinances regulating the development of real

 

property within units of local government; and to void local

 

requirements that are adopted in violation of this act.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "local

 

government employer mandate prohibition act".

 

     Sec. 2. The legislature finds and declares as follows:

 

     (a) That wages and benefits for employees throughout this

 

state are matters of state concern and, in addition to the state's

 

wage and benefits laws occupying the regulatory field of wages and

 

benefits, are outside the express or implied authority of


 

municipalities in this state to regulate unless that authority is

 

expressly delegated to a municipality.

 

     (b) That the development and redevelopment of properties in

 

municipalities is critical to the economic success of those

 

municipalities, and certain regulations and prohibitions on that

 

development and redevelopment are matters of statewide concern and

 

are within the regulatory power of this state.

 

     (c) That this act is intended to provide uniformity throughout

 

this state on the adoption of certain prohibitions or limitations

 

on employers throughout this state.

 

     Sec. 3. As used in this act:

 

     (a) "Community benefits agreement" means a contract required

 

by ordinance, resolution, or policy by a county, city, village,

 

township, or other political subdivision within this state that

 

requires contractors or developers to, concurrently with the

 

development of certain parcels or property within that county,

 

city, village, township, or other political subdivision within this

 

state, hire certain employees, pay certain wages or benefits,

 

engage certain subcontractors or local businesses for the provision

 

of goods and services, or engage in other similar activities in

 

exchange for receipt of grants, tax abatements or exemptions, the

 

transfer of property, or other economic development incentives the

 

contractor or developer would be otherwise eligible to receive by

 

law.

 

     (b) "Community benefits ordinance" means an ordinance,

 

resolution, or policy adopted by a county, city, township, village,

 

or other political subdivision within this state that requires the


 

entry into a community benefits agreement.

 

     (c) "Employee" means a person employed in this state by an

 

employer.

 

     (d) "Employer" means a person engaging in a commercial

 

activity, enterprise, or business in this state.

 

     Sec. 4. (1) Except as provided in subsection (2), a county,

 

township, city, village, or other political subdivision within this

 

state shall not adopt, enforce, or administer a community benefits

 

ordinance or an ordinance, policy, or resolution that establishes

 

any requirement related to employee wages or benefits, such as a

 

requirement for an employer to provide an employee with a minimum

 

wage, particular benefits, a specified amount of paid or unpaid

 

leave time, or the payment of a prevailing wage except as provided

 

by law.

 

     (2) This act does not prohibit a county, township, city,

 

village, or other political subdivision within this state from

 

doing any of the following:

 

     (a) Enforcing a requirement of federal law or the law of this

 

state.

 

     (b) Adopting or enforcing an ordinance, policy, or resolution

 

concerning a minimum wage, particular benefits, or a specified

 

amount of paid or unpaid leave time for employees of that county,

 

township, city, village, or other political subdivision.

 

     (c) Otherwise entering into an agreement providing for the

 

rights and responsibilities of a contractor or developer and that

 

county, city, village, township, or other political subdivision

 

with respect to the development of real property and the provision


 

of governmental services to that property.

 

     Sec. 5. A community benefits ordinance or any other ordinance,

 

policy, or resolution that is adopted in violation of this act is

 

void.