Legislative Policy Committee Packet 08-23-2023

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                                  WEDNESDAY, AUGUST 23, 2023
                                              5:30 P.M.
                                       MUSKEGON CITY HALL
                                       933 TERRACE STREET
                                       MUSKEGON Ml 49440
                                              ROOM 204

I.     Call to Order

II.    Approval of Minutes for February 27, 2023

Ill.   Old Business

IV.    New Business

       1)   Legislative Update - Pete Wills

       2)   MiKids Tobacco Free Alliance Presentation & Model Policy Resolution - Mayor Johnson

       3)   Priority Home Repair & Residential Facade Application & Policies-Vice Mayor German

       4)   Agenda Packet Timeline-Jonathan Seyferth/Ann Meisch

       5)   Commissioner Ethics Policy- Commissioner Emory

       6)   ADA-related accommodation for virtual meeting participation by a committee or board
            member - Mayor Johnson

V.     Adjourn
                                CITY OF MUSKEGON
                          LEGISLATIVE POLICY COMMITTEE
                               Monday, February 27, 2023
                                       5:30 pm

Present: Commissioners St. Clair, Johnson, Gorman, German, Ramsey (arrived 5:37 pm) and
Absent: Commissioner Hood.

Approval of Minutes
Commissioner Ramsey moved, Commissioner St. Clair seconded, to approve the
minutes of February 27, 2023.

                                                MOTION CARRIED.
Suspend the Rules
Vice Mayor German moved, Commissioner Ramsey seconded to suspend the rules.

Ayes: Gorman, Emory, St. Clair, Johnson, Hood, Ramsey, and German.
Nays: None.

                                                           MOTION CARRIED.

Presentation on Responsible Contracting - Robert Joerg, Director of Advocacy for
Laborers International Union of North America, Michigan Chapter
Mr. Joerg gave a presentation on responsible contracting for public improvement greater than
$50,000 in value.

Legislative Update - Pete Wills
Pete Wills reviewed several State policy issues including the tax relief package, EITC change,
Elliot-Larsen Civil Rights Act, Prevailing Wage, Right to Work reinstatement, and FY24
budget supplemental.

Short-Term Rental Regulations-Benjamin Reider, Parmenter Law Associate
Ben Rider of Parmenter Law explained a shmt-term rental is normally defined as a rental that
is used less than 30 consecutive days. Many jurisdictions have implemented a licensing
system to identify and control the number of short-term rentals.

Regulations can include a prohibition, minimal regulations, or more extensive regulations.
Mr. Rider gave a further explanation on each of those options.

Motion by Commissioner Emory, seconded by Commissioner St. Clair to adjourn the
meeting at 6:50 pm.

                                                                   MOTION CARRIED.

                                                    Ann Marie Meisch, MMC
                                                         City Clerk
                                                 State /-Federal Report, August 2023

 Bill#     Sponsor     Detail                                                                                --                       Status                   Position
HB 4002    Shannon     ElTC change                                                                                                    Senate Committee         NA
HB 4003    Hoskins     Elliott-Larsen Civil Rights Act; include sexual orientation & gender identity or expression as a               Senate Committee         NA
                       protected category.                                          -
HB4004      Weiss      Bill reverses state law from 2012 which prohibited mandatory union f ees for private and public                Public Act 9 of 2023
HB 4007     Carter     Require Prevailing Wages on State projects                                                                     Public Act 10 of 2023
HB 4274-    O' Neal,   Create Revenue Sharing Trust Fund; SB 182-183                                                                  House Local Gov, 6/21
 4275       Tisdel
 4273       O'Neal     Requires a municipality to notify the occupants of a multfple dwelling (e.g., an apartment building) of        Senate Committee, 6/23   NA
                       a violation involving the property. Bill also updates the
                                                                                                that is required to be included in
                       the notice provided to the owner and occupants, as weU-as-ialia_~ging the kinds of violations the
                       DHHS must be notified about.                              -
 4605      Shannon     Provide for distribution of sales tax revenue into public:s:afety and violence prevention funp; 1.5% of        House Local Gov, 6/21
                       the 4% of sales tax revenue collected.                        -
 4606       Farhat     Create public safety and violence pr_eyen,ti.or:.t fund                              _          , r,. -        House Local Gov, 6/ 21
SB 205-    Cavanagh
                                                                                        -T1~.::. ,.,-
                       Prohibit housing discrimination based ci"n··sci"ulc':~ of ip copie :
                                                                                                   >- ',.11 _ . ' ~- -~-·'.' ..
                                                                                                                                      House floor, 6/14
  207                                                              ·,:...
                                                                 .· '                       -                      -.:~~~ ~
SB 289                 Allows a local BRA to capture revenue frorn·sales .,and use.taxes_to_pay for-eli'gible activities through      Public Act 89
                       the state's transformational brownfield program:J:6~e b'fll:w_9.;yJ.9 @ o i~-~r_e·ase the caps on annual and
                       total allowable reimbursements and amend the populaticm targets under the program. TBPs can
                       currently authorize the capture and use of three kinds of-income tax-revenues, in addition to
                       property tax increments, to finance an array of eligible activities: construction period tax capture
                       revenue, withholding tax capture revenue, and income tax capture revenue. Sales and use tax
                       capture revenues could also now be captured under a TBP.

State and Federal legislators visit the City of Muskegon

    •    July 26 - State Rep. Will Snyder and Lt. Governor Garlin Gilchrist hold a special meeting at City Hall to
         discuss the FY24 state budget. The Lt. Governor also spoke to community members at the Chamber.

    •    August 7 -State Rep. Will Snyder and Ml House Speaker Joe Tate tour the former Shaw-Walker building.

    •    August 9 - U.S. Senator Gary Peters Peters speaks at the USS Silversides Museum and tours NOAA facility.

    •    August 15 - U.S. Rep. Hillary Scholten tours the Farmers Market and NOAA facility .

    •    Sept 7 - U.S. Rep . Hillary Scholten scheduled to be back to use a conference room space for staff retreat.

The Michigan ·Legislature has officially been on summe! break after passing an $82 billion budget in June.
However, Key Provisions of FY24 State Budge~, HB 4437

    •    $18M - Shaw-Walker remediation and site-cleanup
    •    . $2M - Hackley Square Building site redevelopment
    •   1 $300,000- NRTF grant Pere Marquette Park Restroom Concession Building
    •    Staff advocated to expand the availability of funds to Certified Local Government (CLG) communities to
         pursue historic restoration grants through the State Historic Preservation Office (SHPO)

The availability of federal stimulus funds made accessible to state government will be less in the coming years. As
a result, we need to remain committed to the importance of vibrant places as a key economic str_        ategy going
forward, prioritize on-going investments that will imp,rc;,ve quality of life, and attract talent to grow our
community, and ensure opportunities for our citizens:t·o' thrive.
                                                                  /,      ,'

Additional Budget Highlights:

    •     $82 billion state budget (HB 4437), the largest in the state's history.
                                     -     ,\'/ ;,··-.. ' / . .        - ·-        .. ;    ' j:.._ f       ..
    •     Statutory revenue sharing - 7% in crease; 2%. pfthat ',i~ 0ne 0 t i'me and must be specifically dedicated to
          public safety initiatives, and 5%'is on-going, but 1% is tied to a r..~qui rement that local government must
                                                . .[_",   -                    .          j~   .   .   .

          obligate all of their ARP money byth'.e,1 en,cj of this year, a full year before the federal guidelines require .
          City of Muskegon estimated to receiv~ $5'.3M i~;~d~'~in~d revenue sharing payments.

    •     There was also a significant change made to the revenue sharing reporting requirements that were left
          over from the days of EVIP. Communities will no longer be required to do a citizen's guide, performance
          dashboard, or projected budget report. The only reporting requirement remaining is the debt service
          report. Treasury is required to create new guidelines for this, post them on their website, and distribute
          them to cities, villages, townships, and counties by October 1.

    •     $10 million was dedicated to missing middle housing to increase the housing supply by providing cost
          defrayment to developers investing in, constructing, or substantially rehabilitating properties that are
          targeted to missing middle households.


   •      $416 million to fi x roads and build publi c infrastructure to improve quality of life.
   •      $80 million for local bridge bundling program to help local government repair and replace aging bridges .


   •      Nearly $600 million for water infrastructure across Michigan, helping replace thousands of lead service
          lines and rebuild sewers .
    •     $20 million for contaminated site cleanup to protect communities from impacts of former industrial sites.


    •     $70 million to improve transit access.
    •     $45 mjUion for local bus operations: support affordable transportation options.
    •     $3.5, million for shared streets and spaces to help cities and transit agencies create options for pedestrians
          an? bicyclists.

Energy and Environment

    •     $30 million for renewable ready communities to help local governments install renewable energy at scale.
                                     I                   '                           ,
    •     $21.3 million for electric vehicles and renewable energy charging infrastructure.
    •     $20 million to enhance air quality and remediate contaminated sites in historically disadvantaged and
          underrepresented communities .
    •     $25 million for home repairs and upgrades that enable clean energy.

Economic Development
                                                           ' I-}
    •     $350 million for the Make it in Michigan Comp et itiveness Fund to win federal resources from the
                                                       I                                   .
          Bipartisan Infrastructure Law, the CHIP? and Sciences Act, and the Inflation Reduction Act.
    •     $1.5 billion (4th highest in the nation) through the Broadband Equity, Access, and Deployment (BEAD)
          Program to expand high-speed internet access to over 200,000 Michiganders in unserved and
          underserved areas across-the stN ( ,                                        ' ,,, . ·
    •     $50 million in sustainable, recurring fundiri'g for the Housing and Communhy Development Fund. This
          builds on $150 million investrrl'e·n~ in the fund earlier this year.
                                              -   ,. .                      , .· '
                                                                              '          .
    •     $50 million in sustainable, recurring ·ftjnding fpr)~evitaliz11tioh
                                                                                 a·nd Placemaking Grants, used to make
          communities more attractive places to li'; /e-and W~ rk lfybuilding housing, parks, and beautifying other
          places. This builds on $100 million investment in the program earlier this year.

One-Time Investments to Support Specific Public Safety Investments

    •     $235 million to assist police, firefighters, and emergency medical service providers.
    •     $156 million for public safety equipment, technology, and facility improvements.
    •     $30 million for recruitment, retention, and well-being of first responders.



   •   Draft legislation is being developed to address the issue of Short Terms Rentals in communities. The bill
       has not been formally introduced, but is being led by State Rep. Joey Andrews who represents lakeshore
       communities from Saugatuck to New Buffalo.
   •   The proposal reflects elements from a similar bill introduced in the last legislative session which would do
       the following:

           o      Create a statewide STR registry and database, infuse communities with new excise tax revenue,
                  and estabiish additional enforcement tools for local units. In my opinion, we already focused on
                 the main themes of the legislation but am hopeful it could be another tool in the toolbox. The bill
                  do·es contain language that a local unit "shall not enact or enforce any ordinance, rule, or
                , regulation, including, but not limited to, a zoning ordinance, rule, or regulation, that has the total
                  effect of banning or prohibiting a short-term rental."

            o   While it establishes a statewide STR registry & database, it also provides an opt-in excise and
                hotel tax. STRs would be subjected to permitting and licensing regulations just as traditional
                lodging providers, including fire and safety standards. Finally, this bill provides penalties for
                property owners that are non-compliant with local ordinances.

            o    Other specific provisions would state -

                     ■   the excise tax is an opt-in tax for local units of governme'nt in addition to the hotel/bed
                         tax; remove the language that would have the hotel tax render the excise tax moot if the
                         hotel tax is applied. The bill sponsor wants to be able to layer up on these taxes .
                                                         \'1 'l
                     ■   Strengthen the fire safety langu &~e to require a smoke detector, carbon monoxide
                         detector, and fire extin guisher in every bedroom rented, not just the dwelling unit.
                         Because of how STR's operate its important to really make that clear.

                     ■   Strength~_n th~. abilities of local units by adding the!\ "loc~I units of government may
                         determine.at tf{e'it soj~ dissr.etjo,n-tbe r yrn ti,er b'f u'nits allowable in their municipality by
                         any method o~!heir choosing an'd may reduce ~r El,~pand that number at any time at their
                         sole discretion." ( (,·                  __        ·< ·,,.·. · .
                                               .   .   ~-   ~.   -~'      ~

                     ■   State that, "If at any time a lice~sed_r-erital is not in compliance with any local ordinance
                         or regulation the municipality may revoke the permit." If STRs are constantly violating
                         noise ordinances, occupancy rules, etc. the local unit should be able to petition the
                         registry for revocation or suspension of the license.

Several non-budget items worth noting were passed and signed prior to the summer recess.


(Passed) Senate Bills 129-132 will allow housing development projects to be eligible for brownfield tax increment
financing (TIF). SB 129 expands the definition of "eligible activity" in the Brownfield Redevelopment Financing Act
to include housing development activities. SB 130, 131, and 132 make corresponding changes to the General

Property Tax Act, Use Tax Act, and the Generals Sales Tax Act, updating a reference section to the Brownfield
Redevelopment Financing Act.

The package of bills would allow tax revenue captured through local brownfield redevelopment to fund affordable
housing costs with the approval of the Michigan State Housing Development Authority (MSHDA). MSHDA hopes
to have the Brownfield Tax Increment Financing (TIF) program in place and running this month.

Collective Bargaining

HB 4354 amends the Public Emp_loyment Relations Act {PERA) to delete prohibitions against certain subjects being
included in a collective bargaining agreement. Most of the provisions pertain to public schools, but the legislation
also struck out a section ori intergovernmental agreements. This will have an impact on local governments looking
to consolidate one more functions or services as these will now be a permissible subject during collective
bargaining negotiations.


Final votes·were taken on the bill package intended to provide an outline of Proposal 2 implementation. The
ballot initiative passed in November of 2022 created a fund"amental right to vote in Michigan and several voting
rights expansions. Some of these included at least nine days of early voting, permanent absentee voting in all
elections, and requiring every municipality to have at least one drop box per 15,000 registered voters.

    •   SB 339: Provides for an on line tracking system that notifies absentee voters of the status of their absent
        voter ballot application or absent voter ballot.
    •   SB 367: These bills outline the process for implementing and administering the constitutionally required
        nine consecutive days of early voting, for eight hours per day, for each statewide and Federal election .
        They also allow a municipality to set a'ddition~I days and hours of early voting beyond what is
        constitutionally required and to use early voti'n·.g' for         -~
                                                                               elections that were not statewide or Federal.
        Additionally, more than one municipality can jointly conduct early voting through a municipal or county
    •   SB 370: An individu 1who submits an AV ballot application before a primary election, including a
        presidential primary, could use that application only for the primary election or for the primary and all
        following elections in 'that year,. Registered voters would also have .the right to receive an AV ballot for
        each election by submitting        a·sihgie
                                                  absent voter ballot
                                             •. - , , 1 :i ;, f,: t\ / (\1. ~,  ,. "·
                                                                                         r '. I,,.. .
                                                                                                      cfnlt'hat coJers all future elections.
    •   SB 373 : Allows a current photq, identification ·card issued"b'{a local g~JVernment to be used for election
        purposes by including it in the deffni,t_i,cin 9f 11 identificatio9 for electi~n purposes" and defining
                                                   .       \                           t·,
        "educational institution."
    •   HB 4696: Provides sentencing guidelines for certain early voting violations under the Michigan election
        law (SB 367).
    •   HB 4697 : Requires each city or township to install at least one absent voter ballot drop box to collect
        absent voter applications and ballots. It also requires a city or township to have one drop box per 15,000
        registered electors. The Secretary of State (SOS) will facilitate and fund the implementation of these
    •   HB 4699 : Allows voters to submit one absent voter application to receive absent voter ballots for every
        future election, becoming permanent mail ballot voters. Additionally, the bill would allow a permanent
        mail ballot voter to select or change the political party ballot that the voter wished to receive for a
        presidential primary election by filling out a ballot selection form.
    •   HB 4702: The bill would increase the maximum size of an election precinct from 2,999 active registered
        electors to 5,000. It also removes provisions specifying the number of voting machines per voter in certain

        size precincts. It requires an election commission or the Secretary of State to consider only active
        registered voters when determining the number of registered voters in a precinct.


Congresswoman Scholten Introduces Bicameral Hill to Increase Access to Farmers Markets Legislation would make
it easier for farmers to participate in fedifral nutrition programs

Today, U.S. Congresswoman Hillary Scholten (Ml-03) and Senator Tina Smith (D-MN) introduced the Enabling
Farmers to Benefit from Processing Nutrition Programs Act, legislation that would remove administrative hurdles
that cause small and
                  ., independent farmers and ranchers to miss out on the benefits from processing nutrition

Currently, HJ ere is a lack of wireless/mobile technology for processing Supplemental Nutrition Assistance (SNAP)
EBT cards i)t farmers markets, as well as separ<;1te applicatio.ns and equiP,[ll1;_nt required from direct marketing
farmers a~d ranchers to be authorized vendors to process b~nefits.

The bill would require the U.S. D~partment of Agriculture {USDA) to:
    1. Streamline the application process for farmers and ranchers to participate as authorized vendors under
         the various nutrition programs.
    2,. Streamline the equipment/technology systems needed by farmers to process the benefits under the
         various nutrition programs.
    3. Provide free wireless or mobile processing equipment and systems for farmers markets .

                                                                 . 1

FY24 Federal Budget

President Biden's FY24 outliried his vision to build on the work this Administration has done tq make a real
difference in people's lives ---, i~vesting in America, lowering costi( for families, protecting and strengthening Social
Security and Medicare, reducing the deficit, and more.

Fact Sheet-Advancing Equity                                            _.-.,     11 , , ,    i\'i"
https://www.whitehouse.gov/briefing~r oom/statements-releases/2023/03}09/facHheet-president-bidens-
budget-advances-equity/                    · ~, _.~-::
                                                         •   ~    • ,.   '   I
                                                                                            i_~:~, ·
                                                                                                   ~·!   •   '   -~

Advances Efforts to End Homelessness. To prevent and reduce homelessness, the Budget provides $3 .7 billion, an
increase of $116 million over the 2023 enacted level, for HUD Homeless Assistance Grants to meet renewal needs
and expand assistance to approximately 25,000 additional households, including survivors of domestic violence
and homeless youth . These targeted resources would support the Administration's recently released Federal
Strategic Plan to End Homelessness . The Budget also provides $505 million for Housing Opportunities for Persons
with AIDS, serving a population with a disproportionately high rate of homelessness and providing a critical link to

Prevents Evictions. To assist renters in accessing resources to avoid eviction, make the legal process during
eviction proceedings fairer, and mitigate future housing instability, the Budget provides $3 billion in mandatory
spending for competitive grants to promote and solidify State and local efforts to reform eviction policies by
providing access to legal counsel, emergency rental assistance, and other forms of rent relief.

Supports Minority-Owned Business to Narrow Racial Wealth Gaps. The Budget increases the capacity of the
Minority Business Development Agency by providing the full $110 million authorized in the Bipartisan
Infrastructure Law, which would bolster services provided to minority-owned, including women of color-owned,
enterprises by expanding the Business Center program, funding Rural Business Centers, opening new regional
offices, and supporting innovative initiatives to foster economic resiliency.

Expands Access to Credit. The Budget provides $341 million for the Community Development Financial Institutions
(CDFI) Fund, an increase of $17 million, or 5 percent!_above the 2023 enacted level, which provides historically
underserved and often low-income communities access to credit, capital, and financial support to grow
businesses, increase affordable housing, and reinforce healthy neighborhood development. To better address the
shortage of long-term affordi:tble credit for development projects in disadvantaged communities and unlock up to
$500 million in financing support, the Budget also includes a $10 million subsidy for the CDFI Fund's Bond
Guarantee Program.

Advances Equity and Environmental Justice. The Administration continues to prioritize efforts to deliver
environmental justice in communities across the United States, including meeting the President's Justice40
commitme!')t to ensure at least 40 percent of the benefits of Federal investments in climate and clean energy
reach disadvantaged communities, including rural and Tribal communities. The Budget bolsters these efforts by
investing nearly $1.8 billion across EPA to support creating high-quality jobs, cleaning up pollution, implementing
the Justice40 Initiative, advancing racial equity, and securing environmental justice for communities that bear the
brunt bf toxic pollution and impa~ts of climate change, including the increased health risks. The Budget also
ensur~s Federal agencies will hav'.e the staff and resources they _need to advance racial equity and to promote
environmental, health, and civil rights protection for communities nationwide, to fulfill the Administration's
whole-of-government equity and environmental justice objectives.

Supports the President's Goal of Accelerating the Replacement of All Lead Pipes and Upgrades th~ Nation's
Drinking Water and Wastewater Infrastructure.  I
                                                 The Budget
                                                            includes $219 million to remediate lead
contamination in water and updates the cross-Govern.ment Lead Pipe Replacement Funding Inventory that was
published for the first time with the 2023 President's Budget. The Budget also provides EPA more than $4 billion
for water infrastructure to advance efforts to u~grade drinking water and wastewater infrastructure nationwide,
                                  ·'                                        I
with a focus on decreasing health disparities in underserved and rural communities that have historically been
overlooked .

                      Agenda Item Review Form
Muskegon City Commission - Legislative Policy Committee
 Commission Meeting Date: August 23, 2023             Title: MiKids Tobacco Free Alliance
                                                      presentation & model policy resolution

Submitted By: Mayor Ken Johnson                       Department: City Commission

Brief Summary:
MiKids Tobacco Free Alliance will present on evidence-based strategies to recued access to and
use of tobacco . They would like our City Commission to consider supporting their initiatives to
change state law and regulations regarding the sale and distribution of tobacco products in Ml.

Detailed Summary & Background:
Jill Montgomery-Keast of Public Health Muskegon County introduced me to the MiKids Tobacco-
Free Alliance earlier this year, as the group has been going around the state talking to mayors
about evidence-based strategies to reduce tobacco access & use. I had an opportunity to meet
with members of the group virtually as they presented their findings and initiatives . The group
asked if the City would formally support their efforts, so I invited them to a future LPC meeting to
address the Commission, at which time we can consider whether to proceed with a resolution of
support. Attached is a model policy resolution that has been shared by this group.
Minou Jones - Chair of the Detroit Wayne Oakland Tobacco-Free Coalition and CEO of Making It
Count Community Development Corp.
Jamaine Dickens - Compass Strategies, Principal

Goal/Focus Area/Action Item Addressed:

    •   Community Connection - foster strong ties among government and community agencies .

Amount Requested: Not applicable.                     Budgeted Item:
                                                              □     No
                                                                          □     N/A
 Fund(s) or Account(s) : Not applicable.              Budget Amendment Needed:
                                                              □     No
                                                                          □     N/A
 Recommended Motion: This item is for discussion only.

Approvals: Not applicable.                            Guest(s) Invited / Presenting:

Model Resolution - Ending the Sale of Flavored Tobacco Products,
including Menthol Products, and Repealing Local Preemption of
Tobacco Licensure and Sales Policies in the State of Michigan

      A resolution to urge the Michigan Legislature to end the
 sale of flavored tobacco products, including menthol products,
 in the State of Michigan and repeal Section 14 of the Tobacco
 Products Tax Act (MCL 205.434) restricting local units of
 government from imposing policies pertaining to the sale or
 licensure of tobacco products for distribution purposes.
      Whereas, Tobacco use is the leading cause of preventable
 death and disability in Michigan and contributes greatly to
 heart disease, cancer, and stroke; and
      Whereas, Flavors improve the taste and mask the harshness
 of tobacco products, most notably, menthol flavor. Adult use of
 flavored tobacco products is linked with increased tobacco
 addiction. Menthol is a chemical added to cigarettes and other
 tobacco products that creates a cooling sensation. These
 features make menthol more appealing to youth and new smokers,
more addictive, and more difficult to quit; and
      Whereas, Flavored tobacco products play a key role in youth
 initiation and continued use of tobacco. More than 80 percent of
12-17-year-olds who have ever used a tobacco product start with
 a flavored product. Two-th~rds of youth have reported using
 these products "because th~y come in flavors [they] like." More
 than 72 percent of current tobacco users surveyed have reported
using a flavored tobacco product in the past month; and
      Whereas, African Americans, Hispanics, youth, and LGBT
 (lesbian, gay, bisexual, and transsexual) individuals, and
individuals with a behavioral health diagnosis are
disproportionately impacted by the harms of menthol cigarettes.
Despite African Americans usually smoking fewer cigarettes, they
are more likely to die from smoking-related diseases related to
higher menthol use. There is a long history of the tobacco
industry targeting these populations with tobacco marketing; and
      Whereas, Including a comprehensive "tobacco product"
definition in a flavored tobacco policy would prevent tobacco
users substituting one product for another. A comprehensive
definition would include combustible tobacco products; heated
tobacco products; electronic smoking devices; smokeless tobacco
products; any component, part, or accessory; products containing
nicotine from any source (other than those approved for
cessation by the U.S. Food and Drug Administration); and broad
language anticipating new and emerging products; and
      Whereas, Ending the sale of menthol cigarettes would save
lives. Studies estimate that prohibiting menthol cigarettes in
the U.S. would lead 923,000 smokers to quit, including 230,000
African Americans. They project that 633,000 deaths would be
averted, including 237,000 African American deaths. Ending the
sale of all flavored tobacco products would prevent a new
generation of tobacco users, lower health care costs, and ensure
an equitable approach to health in the United States; and
     Whereas, Many states and over 360 localities have ended the
sale of flavored tobacco products to protect kids and reduce
health disparities. If Michigan takes this step, it ~ould be a
leader in protecting the health of its residents; and
     Whereas, Section 14 of the Tobacco Products Tax Act (MCL
205.434) prohibits local units of government from imposing_ "any
new requirement or prohibition pertaining to the sale or
licensure of tobacco products for distribution purposes."
Despite local interest in passing policies related to tobacco
sales and licensure, including local flavored tobacco
restrictions, conoerns about preemption and uncertainties about
legal interpretation have had a chilling effect on local policy
efforts for nearly three decades; and
     Whereas, In the mid,1990s, at least 46 policy resolutions
urging the repeal of preemption of local tobacco regulation were
passed covering 56 Michigan counties, cities, and townships.
Municipalities in all regions of the state were represented; and
     Whereas, Preemption is a strategy frequently used by the
tobacco industry to limit local tobacco regulations; and
     Whereas, Repealing Section 14 of the Tobacco Products Tax
Act would strengthen local control and improve the ability of
local units of government to pass tobacco policies that address
concerns in the communities they serve; now, therefore, be it
     Resolved by this body, That we urge the Michigan
Legislature to end the sale of flavored tobacco products in the
State of Michigan, including menthol products; and be it further
     Resolved, That we urge the Michigan Legislature to repeal
Section 14 of the Tobacco Products Tax Act (MCL 205.434)
restricting local units of government from imposing policies
pertaining to the sale or licensure of t?bacco products for
distribution purposes; and be it further
     Resolved, That copies of the resolution be transmitted to
the Majority Leader of the Michigan Senate, the Speaker of the
Michigan House of Representatives, the chair of the Michigan
Senate Committee on Local Government, the chair of Michigan
Senate Committee on Health Policy, the chair of the Senate
Committee on Regulatory Affairs, the chair of the Michigan House
of Representatives Committee on Health Policy, the chair of the
Michigan House of Representatives Committee on Tax Policy, the
chair of the Michigan House of Representatives Committee on
Local Government and Municipal Finance.

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