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
(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
(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
(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
(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