Comparing the FY25 revenue sharing proposals

As the state budget for fiscal 2025 heads to the Legislature’s Conference Committee, differing proposals for county revenue sharing from the governor and legislative chambers will be on the table. Each plan aims to address the fiscal needs of counties with varying methodologies and financial implications.

As seen in the chart, the three proposals have significant differences.

The governor favors a traditional approach of ongoing and one-time increases still subject to the annual appropriations process.

The House wishes to follow the MAC-supported Revenue Sharing Trust Fund model built on a sales tax carve-out, thereby allowing for a steady increase in funding and ensuring a link between economic activity and county funding.

The Senate takes the Revenue Sharing Trust Fund model further with a larger chunk of the sales tax and an inverse relationship to taxable value, meaning counties with lower taxable values receive a larger share of the increase. This results in a $52.5 million increase, with the average county seeing a boost of approximately 20 percent.

The Senate’s proposal, which MAC favors, aims to provide more substantial financial support, particularly to counties with lower taxable values, thereby addressing disparities and promoting equitable distribution of resources.

To see how the different approaches affect your county, click here.

The challenge now before the Conference Committee, armed with final spending data from the Consensus Revenue Estimating Conference (see item below), lies in balancing the ambitious increases proposed by the Senate with the more conservative approaches of the governor and House, all while ensuring the final agreement meets the varied needs of counties.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

State has $14.26 billion to use for FY25 General Fund

Michigan’s legislators will have $236 million more available for the fiscal 2025 General Fund budget than was expected in January.

In its final session before the Legislature completes its 2025 budget work, the Consensus Revenue Estimating Conference (CREC) concluded there will be a net amount of $14.26 billion to spend for the General Fund, state spending plan that covers many county-related functions.

This figure is up $235.6 million from the CREC projection from January 2024.

These conferences are required by statute to determine the state of Michigan’s financial resources as lawmakers draft annual budgets.

“With Michigan’s revenue outlook appearing to be stable if not growing slightly, we hope to see the manifestation of growth to continue to benefit not just the state, and infrastructure, but with counties as well through revenue sharing,” said MAC’s Deena Bosworth.

Notable information from the May 17 presentation on Michigan’s economy and budget:

  • The state would enter FY25 with a “rainy day” reserve fund of $2.1 billion, after substantial growth in interest earnings. As recently as FY19, the reserve fund held only $1.15 billion.
  • CREC continues to show the state falling further below the revenue limit imposed by the Headlee Amendment, which was adopted in the 1970s. For the next two fiscal years, the state could raise an additional $12 billion ― essentially a second state General Fund ― and still comply with Headlee’s restrictions.
  • The housing affordability outlook is not good, but, conversely, that is positive news for businesses involved in home construction that are trying to fill unmet demand.
  • Michigan employment is above pre-pandemic levels.
  • Inflation in Michigan is “turning slowly,” with housing the major issue there.

For more information on MAC’s budget advocacy, contact Deena Bosworth at bosworth@micounties.org.

 

Policy Summit will focus on financial issues with opioids, roads, jails

The 2024 MAC Policy Summit on June 25 will feature briefings on Medicaid jail policies, the latest news on using opioid settlement dollars, a potentially massive shift in how Michigan funds its roads and an overview of counties’ long-term fiscal health.

Registration is now open for the session, with a $75 fee covering either the virtual option or attendance in-person at the AC Hotel Lansing just off U.S. 127 in the capital city.

CLICK HERE TO REGISTER.

The event is designed to allow county leaders to get to and from Lansing in a reasonable schedule. However, MAC has secured a room block at the AC Hotel (3160 E. Michigan Ave., Lansing) for $149 per night.

Agenda

9 a.m. – 9:40 a.m.: Registration and Continental Breakfast

9:40 a.m. – 10:40 a.m.: Medicaid Inmate Exclusion Policy and the Medicaid Section 1115 Waiver

  • Presenters: Robert Sheehan, CEO, Community Mental Health Association of Michigan, and Samantha Gibson, governmental affairs associate, MAC

10:45 a.m. – 11:45 a.m.: Opioid Settlement Funds: Year in Review

  • Presenter: Amy Dolinky, technical adviser, opioid settlement funds planning and capacity building, MAC

11:45 a.m. – 12:30 p.m.: Lunch

12:30 p.m. – 1:30 p.m.: Why and How to Conduct a Road Usage Charge Pilot in Michigan

  • Presenter: Baruch Feigenbaum, senior managing director of transportation policy, Reason Foundation

1:30 p.m. – 2:30 p.m.: Beyond the Numbers: Assessing the Resilience of Michigan County Governments’ Finances

  • Presenter: Stephanie Leiser, lead, Michigan Local Government Fiscal Health Project at the Center for Local, State, and Urban Policy

For more details on the presentations, the hotel and parking tips, visit MAC’s events page.

Participants in the summit will earn 1 credit hour toward certification in MAC’s County Commissioner Academy.

 

Legislator remarks, energy law featured in new MAC videos

The Legislative Panel was held on May 1 at the 2024 Legislative Conference. (Rod Sanford Photography)

MAC has added new videos to its YouTube playlist from the 2024 Michigan Counties Legislative Conference in Lansing, April 29-May 1:

  • Energy Siting Law Workshop (April 30) led by Sarah Mills of the University of Michigan
  • Basics of Public Act 233
  • What’s a county to do under the act?
  • Pros and cons of available options
  • Legislative Panel held on May 1
  • Senate Minority Leader Aric Nesbitt on indigent defense reform
  • Comments on public safety funding
  • Rep. John Fitzgerald on road funding
  • Rep. Graham Filler on partisan dynamics in the House

Presentations and other documents from the conference can be found on MAC’s website.

 

Prospects for huge revenue sharing gain detailed in podcast

Legislators continue to grind on a fiscal 2025 state budget, a document that could yield a massive reform in county revenue sharing, a Podcast 83 team member detailed this week in a new episode.

While the governor, the House and the Senate all have proposed increases in revenue sharing, it’s the Senate approach that is most attractive, said Governmental Affairs Director Deena Bosworth.

Like the House, the Senate is pursuing MAC’s trust fund proposal of carving out a portion of the state sales tax for use in dedicated fund for counties.

“(The Senate) wants to do 9.1 percent of the state sales tax for cities, villages, townships and counties. And they are not doing the public safety percentage (which the House is pursuing),” Bosworth said. “So, Sen. (John) Cherry made the recommendation that we’re going to take a bigger piece of the sales tax, which is a $52.5 million increase. He says whatever your county got in fiscal year 24 is absolutely the minimum. And then that additional $52.5 million that he is recommending for this year is going to get distributed out to counties based on an inverse relationship to their taxable value.”

In other Capitol news:

  • Samantha Gibson explained MAC’s opposition to a bill on prisoners earning release credits that could disrupt the state’s “Truth in Sentencing” rules.
  • Madeline Fata explained the huge burdens that could fall on county clerks and other local election officials if the current version of the so-called “Michigan Voting Rights Act” legislation were to be adopted.

View the full episode, recorded on May 13, by clicking here.

Previous episodes can be seen at MAC’s YouTube Channel.

And you always can find details about Podcast 83 on the MAC website.

 

Register now for next ‘Chart Chat’ webinar from Michigan Treasury

Registration is open for Treasury’s next “Chart Chat” webinar on Thursday, May 30. The session will run from 2 p.m. to 3 p.m. Eastern.

Click here to register.

The Chart Chat webinar series provides local governments with critical information related to accounting and auditing topics, measuring local government fiscal health, and other important updates from Treasury.

Topics covered in this session will include:

  • Corrective Action Plans
  • Numbered Letters Update
  • Budget Projection Tool
  • Uniform Actuarial Assumptions (PA 202 of 2017)
  • Headlee Overview

Presentations and recordings from this webinar, along with previous webinars, can be found at TREASURY – BLGSS Learning Center. For support related to Treasury’s local government services, visit the TREASURY – Contact Information.

 

Check out documents, videos from MAC conference

Deena Bosworth gives the MAC Legislative Update at the 2024 Legislative Conference on April 30. (Rod Sanford Photography)

Resources from the 2024 Michigan Counties Legislative Conference are now available to members who were unable to attend the event, held April 29-May 1 in Lansing.

The conference resources page includes presentations slides, related documents and links to photos and videos.

“Those Revenue Sharing Trust Fund bills say we want to carve out 8 percent of the first 4 percentage points of the state sales tax, put that into a fund and then pay our revenue sharing payments out of that,” explained Governmental Affairs Director Deena Bosworth in her Legislative Update to the conference. “And that’s exactly what the House did. We couldn’t have asked for better. Until we get to the Senate.

“Then the Senate made their recommendations just a couple of days later. And in the Senate recommendations that is very much like a trust fund that we’ve been asking for. But they did it a little differently. … What they did was take 9.1 percent of (first 4 percentage points of) the state sales tax and dedicate that. … The Senate recommendation says whatever you are getting in fiscal year 24, you will always get because that’s your base amount. And then this additional $52.5 million would be distributed out on top of that base amount to counties in a way that is an inverse relationship to your taxable value in your county.”

See Bosworth’s full slide deck by clicking here. And MAC’s Issue Brief on the revenue sharing issue is found here.

Among videos available at the resource hub are ones from county leaders reporting on their work to deploy opioid settlement dollars to bolster services for those with substance use disorders. And more video segments will be added to the list in the days ahead from the Legislative Panel discussion on May 1 and other conference presentations.

 

Prisoner productivity credit bills introduced in Senate

A package to allow certain prisoners to earn productivity credits to reduce their sentence was introduced in the Senate this week.

Senate Bills 861864 would only apply to future sentences in allowing prisoners to receive productivity credits. Under the legislation, prosecutors would be required to notify victims at the time of sentencing that an earlier release date is possible ― if the offender completes productivity credits.

While completing productivity credits would deem a prisoner eligible for early release, the parole board will still recommendations regarding release dates, with final decisions remaining with judges and prosecutors.

SBs 861-864 would remove truth-in-sentencing, leaving many victims of crime with uncertainty regarding the minimum sentence their offender would serve.

The bills have been referred to the Senate Judiciary Committee.

MAC has joined the Prosecuting Attorneys Association of Michigan and the Michigan Attorney General’s Office in opposing this legislation.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

MAC-backed bill to expand drug courts passes House

Legislation to expand drug treatment court availability was voted out of the House this week. For several months, it remained on the House floor, needing a majority to be reinstated after the special elections in mid-April to receive enough votes.

House Bill 4525, by Rep. Graham Filler (R-Clinton), would allow certain offenders to be admitted to a drug treatment court with the approval of the judge, prosecutor and any known victim.

HB 4525 is part of a three-bill package, including HBs 4523 and 4524, by Reps. Kara Hope (D-Ingham) and Joey Andrews (D-Berrien), respectively. The package would expand the use of mental health and drug treatment courts, which are currently limited to nonviolent offenders, to include certain violent offenders ― but again only with approval from a judge and prosecutor and consent of any victim.

The bills now move to the governor.

MAC supports this legislation.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

House moves court data collection bill

Crucial legislation to promote court funding reform was concurred by the House on Thursday and sent to the governor for her signature.

HB 5534, by Rep. Kelly Breen (D-Oakland), would require the State Court Administrative Office to complete data collection and turn over to the Legislature by May 1, 2026, for advancement towards implementing the 2019 Trial Court Funding Commission recommendations.

HB 5534 was originally “tie-barred” to HB 5392, which extended the sunset on court fee authority to Dec. 31, 2026, and was signed by the governor last week.

MAC supports HB 5534 and long has supported adoption of the funding commission’s recommendations.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org

 

County leaders, legislators discuss policy needs at 2024 conference

Keynoter Dr. Peter Cressy emphasized the need for leaders to be adaptable in times of crisis and change in his conference address. (Rod Sanford Photography)

“Success is not final. Failure is not fatal. It is the courage to continue that counts.” With these words from Winston Churchill, Dr. Peter Cressy concluded his keynote address to the 2024 Michigan Counties Legislative Conference on Tuesday in Lansing.

Cressy spoke to a filled conference hall at the event, which drew nearly 300 county leaders and others to Lansing this week.

Earlier on Tuesday, MAC honored its County Advocate Award winners for legislative work done in 2023.

Rep. Amos O’Neal (D-Saginaw) was lauded for championing Revenue Sharing Trust Fund legislation that would fulfill a longstanding MAC priority. Rep. Curt VanderWall (R-Mason) was honored for “commitment to preserving local control and championing legislation that helps counties provide services to the best of their abilities.”

During a legislative panel on Wednesday, attendees heard all four participants ― Sens. Aric Nesbitt and Jeremy Moss and Reps. John Fitzgerald and Graham Filler ― pledge support for “proper” revenue sharing, with Moss, Filler and Fitzgerald endorsing the trust fund reform effort.

National Association of Counties President Mary Jo McGuire of Ramsay County, Minnesota, not only delivered an address on her “ForwardTogether” initiative but spent two days with attendees making connections at receptions and presentations.

“We’re pleased at well everything came together,” said Executive Director Stephan Currie. “We had more than 30 legislators attend our reception on Tuesday evening, at a time when there were several other major events going on in Lansing. This shows the importance of counties at the state level.”

Materials from the conference’s Plenary sessions and 12 policy breakouts can be found at MAC’s website. In coming weeks, MAC also will be adding video segments from the event to its YouTube channel.

MAC’s next major educational event is the 2024 Policy Summit, to be held June 25 in Lansing and via zoom. Details and registration information should be released in mid-May.

 

FY25 state budget bills, with key trust fund, advance another step

Budget work continued in the Legislature this week with various spending bills gaining approval of each chamber’s full appropriations committee.

Click here to see a review of county spending issues from the April 26 Legislative Update.

A focus of MAC’s budget work right now is enactment of its Revenue Sharing Trust Fund proposal, as each chamber’s appropriators have now endorsed the concept, but with different provisions.

As detailed in this Issue Brief and by Governmental Affairs Director Deena Bosworth at this week’s Legislative Conference, House and Senate appropriations panels want to set up a dedicated trust fund using a portion of state sales tax receipts. The Senate version would secure a larger slice than the House’s, yielding $52 million more for counties in FY25 alone.

To gain the higher amount, MAC is working with legislators to address how the budget handles a separate “public safety fund” pushed by House Democrats.

As budget work accelerates in advance of the Legislature’s June 30 deadline to finish its fiscal work, keep an eye out for MAC Advocacy Alerts so you can add your voice to MAC’s call for maximizing revenue sharing.

For more information on MAC’s budget advocacy, contact Deena Bosworth at bosworth@micounties.org.

 

Governor signs trial court funding extension 

A key part of funding for trial courts in Michigan is again secure for another 30 months after Gov. Gretchen Whitmer signed House Bill 5392 this week.

Extension of the ability of local judges to impose fees, this time to Dec. 31, 2026, was a MAC priority for the 2024 legislative year.

HB 5392, by Rep. Sarah Lightner (R-Jackson), moved the extension of fee authority from May 1, 2024 to Dec. 31, 2026.

A related measure, House Bill 5534, by Rep. Kelly Breen (D-Oakland), has not yet received a final vote of concurrence in the House. HB 5534 would require the State Court Administrative Office to complete data collection and turn over to the Legislature by May 1, 2026, for advancement towards implementing the 2019 Trial Court Funding Commission recommendations.

MAC supports HB 5534 and long has supported adoption of the funding commission’s recommendations.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org

 

Troubling election bills get Senate hearing

Election bills that would impose sweeping new duties on local governments received a hearing in a Senate committee this week. Known collectively as the “Michigan Voting Rights Act,” Senate Bills 401-404 were introduced to bolster federal law and voting rights in the state for members of a protected class and for disabled electors. While the intent is straightforward, the practical implementation would be complex and could expose locals to frivolous legal challenges.

Local governments will have an incalculable degree of legal liability. SB 401, by Sen. Darin Camilleri (D-Wayne), for example, prohibits a local government from impairing a protected class from participating in elections or the political process, but many of the listed impairments are beyond the control of a local government or conflict with Michigan election law.

The other major bill of concern is SB 403, by Sen. Stephanie Chang (D-Wayne), which mandates local governments must provide language assistance for elections. This includes providing translated signage, forms, ballots and a communication system that offers translation to electors. The local government will have to rely on the Secretary of State’s Office to produce these materials.

MAC opposed the bills when they were first introduced but is still working through the latest amendments. We will be meeting with bill sponsors and various stakeholders in the coming weeks in anticipation of further committee discussion.

For more information on this issue, contact Madeline Fata at fata@micounties.org.

 

Van Buren Commissioner Gail Patterson-Gladney receives her certificate from MAC President Jim Storey. (Rod Sanford Photography)

More than 60 commissioners graduate from MAC academy

MAC’s County Commissioner Academy (CCA) honored its largest graduating class ever during a Plenary session on Tuesday, April 30 at the 2024 Michigan Counties Legislative Conference.

Sixty-six county commissioners earned recognition as “certified” or “advanced.” Commissioners who attended the conference were presented their certificate by MAC President Jim Storey. Those who were unable to attend will be shipped their certificate.

Participants in CCA earn continuing education “hours” by attending designated events and workshops. “Certification” is offered at two different levels: “Certified” is reached at 10 hours, while “Advanced” is reached with 20 hours. In addition to MAC events, credit-qualified presentations also are offered by MSU Extension and the Michigan Department of Treasury.

For a full list of this year’s graduates and more information on the academy, click here.

 

MACSC provides $250 prizes to 2 lucky conference attendees

Commissioner Jeri Strong of Mecosta County and Administrator Katie Zeits of Benzie County were the winners of the MACSC Exhibitor Bingo drawing at the 2024 Legislative Conference on Wednesday, May 1.

Each received $250 after their completed bingo cards were drawn from a bowl by MAC President Jim Storey and Executive Director Stephan Currie.

In the last decade, MAC Service Corp. has issued more than $7,000 in cash prizes to attendees of MAC’s two major conferences each year.

 

Extension for court fee authority heads to governor

Legislation to secure key trial court funding now awaits the governor’s signature after a vote in the Senate this week. 

House Bill 5392, by Rep. Sarah Lightner (R-Jackson), extends a quickly approaching May 1, 2024, expiration (“sunset”) of the authority of trial courts to levy fees that constitute a key part of their operational funding.

HB 5392 was previously “tie-barred” to House Bill 5534, by Rep. Kelly Breen (D-Oakland), which outlines a plan for the State Court Administrative Office to conduct data collection on certain trial court costs and revenue sources and provide a report to the Legislature with proposals to implement the Trial Court Funding Commission’s recommendations from 2019. See more details in this MAC Issue Brief.

On Wednesday, the Senate broke the tie bar, meaning the bills no longer must advance together. With this amendment to the bills, they were sent back to the House for a concurrence vote. The House passed HB 5392 with broad support and HB 5534 failed along party lines. It is expected that the Democrats will regain majority in the House on Tuesday next week and will pass HB 5534 at that time.

With HB 5392 headed to the governor this week, MAC expects the sunset to be extended prior to its expiration on May 1.    

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

After hiatus, legislators accelerate FY25 budget work

Budget proceedings ramped up in the Legislature this week with a remarkable increase proposed for county revenue sharing.

Both the House and Senate General Government subcommittees used the Revenue Sharing Trust Fund model proposed by MAC as guidance when making their recommendations. The Senate subcommittee was most generous by dedicating 9.1 percent of the first 4 percentage points of the state sales tax for local revenue sharing. This would mean a $52.5 million increase from last year. The House subcommittee recommended 8 percent of the first 4 percentage points of the state sales tax with an increase of $11.9 million.

The House’s proposal reflects the provisions outlined in House Bills 4274-75, which MAC has been advocating for since March 2023. The bills would establish the Revenue Sharing Trust Fund in statute and dedicate a portion of the state’s sales tax to locals, allowing for a true sharing in the state’s revenue. The bills passed the House in November 106-4.

The governor’s FY25 budget did not follow the trust fund model; it calls for a 5 percent increase in base funding and 3 percent for locals that hit ARPA funding allocation requirements.

More details on these proposals will be presented on Tuesday at MAC’s Legislative Conference in Lansing.

Courts

In other great news, funding panels in both chambers recommended more dollars for local prosecutors. These grants would serve to “bring staffing closer to optimal levels to reduce the average caseload per attorney.” The House General Government Subcommittee included $3 million, while the Senate subcommittee included $35 million. There is a caveat to the Senate funds, however: they would only go toward the 15 counties with the most violent crime.

Transportation

Both the House and Senate Transportation subcommittees expressed interest in a mileage-based user fee via a pilot project by allocating $5 million in their budget plans for FY25. The concept of a milage-based user fee is to charge people for the miles they drive rather than how much gas they consume.

While the specifics of the pilot project have not yet been solidified, participation will be voluntary, and participants will be reimbursed for what they pay in gas tax while the study is active. While Michigan is already billions of dollars short on road funding, electric vehicles and high-efficiency vehicles are exacerbating the issue by contributing much less to motor fuel tax revenue.

Nineteen other states are administering similar pilots and at least one state has fully implemented a mandatory mileage-based user fee program. With both chambers in agreement, MAC anticipates the program will be included in the final version of the budget.

Environment

In departmental budgets on environmental programs, neither the House nor Senate included the governor’s proposed raise on the “trash tax.” Commonly referred to as landfill tipping fees, the governor sought to increase them more than 1,000 percent from 36 cents per ton to $5 per ton. The increase was meant to generate $80 million for environmental remediation and brownfield redevelopment. Following the governor’s initial recommendation, industry leaders voiced strong opposition and the Legislature has shown little indication it wants to pursue the increase.

Since neither chamber included the recommendation in their budgets it seems unlikely that it will be included in the final budget.

The next step in the budget process is for the chambers to pass their budgets on the floor. In mid-May, the second Consensus Revenue Estimating Conference of the year will be held to provide an update on the state’s revenue. The official budget targets will then be negotiated between the governor and the Legislature. Conference committees will then meet to agree on the final budget (this is where the House and Senate subcommittees come together to compromise on each chamber’s proposed budgets). The final budget must be presented to the governor before July 1 for her signature.

For more information on MAC’s budget advocacy, contact Deena Bosworth at bosworth@micounties.org.

 

MAC seeks fair treatment for counties on short-term rentals

MAC urged a House panel to treat counties fairly by amending a 10-bill package designed to restrict ― but not eliminate ― local governments’ power to regulate short term-rentals in testimony this week.

Speaking before the House Local Government Committee meeting this week (start at 9:58 mark), Governmental Affairs Director Deena Bosworth focused on the failure in the original bill drafts to include counties in revenue to be derived from a 6 percent excise tax: “Let me be clear, MAC supports tourism and the promotion of all Michigan has to offer. However, counties and municipalities across the state are struggling with having enough resources to invest in our facilities, infrastructure and emergency response personnel. 

“We want our residents to enjoy the resources and services they pay for,” she added, “and we want them to have access to public safety and emergency response personnel even when there is a large influx of tourists demanding services.”

The primary bill in the package is HB 5438, by Rep. Joey Andrews (D-Berrien), which would require short-term rentals to be registered with the state; carry $1 million in liability insurance; have carbon monoxide detectors, smoke detectors and fire extinguishers; and have an emergency contact for renters within 30 miles of the rental. The bill would not allow a local government to ban short-term rentals but would allow communities to restrict their number.

Bosworth summarized MAC’s views in four points:

  • All counties across the state would like to have access to funds for economic development;
  • Counties across the state play a critical role in the planning and zoning of communities;
  • Counties across the state have significant infrastructure responsibilities; and
  • Counties across the state play a critical role in providing services to residents and tourists alike.

House Bills 5437-5446 did not receive a vote in committee this week.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

House adopts resolution on County Government Month

“Have you ever needed to call 911 for an emergency? interfaced with our courts enjoyed a county park? How about eaten with your family at a local restaurant and enjoyed your meal without getting ill …” said Rep. Julie Rogers (D-Kalamazoo) in remarks in support of a House resolution naming April as County Government Month in Michigan.

MAC thanks Rogers, a former commissioner and MAC Board director, for advancing the resolution. Click here for a video of her full remarks.

 

Learn about advantages of digital payment systems

Join NACo on April 30 for the webinar “Modernizing County Finance with Digital Disbursements” to discover how incorporating digital payments can increase constituents’ satisfaction and improve government efficiency. In this session, representatives from Knox County, Ill., the National Association of Counties (NACo) and Visa will share how they delivered fast and secure payments to county election judges and jurors.

To register for the session, which runs from 2 p.m. to 3 p.m. Eastern, click here.

You will learn:

  • The importance of cross-sector partnerships for driving digital transformation.
  • The benefits of transitioning to digital payment systems.
  • The unique challenges and solutions for implementing a digital payment system involving the public sector.
  • The role of stakeholder involvement and effective communication in successful digital payments projects.

 

NACo webinar to review legal requirements for online materials

On April 8, the U.S. Department of Justice (DOJ) announced the release of a final rule which seeks implementation of Title II of the Americans with Disabilities Act (ADA) on web-based government services provided by state and local governments.

The final rule lays out the details for web accessibility requirements and compliance, and standards will adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 Standard, Level AA. The WCAG is a set of guidelines that outlines the parameters around web accessibility, and is developed by the World Wide Web Consortium.

Like the proposed rule released last August, the final rule includes exceptions for the following categories of web content:

  • Archived web content
  • Preexisting conventional electronic documents
  • Web content posted by third parties on a county’s website
  • Third-party web content linked from a county’s website
  • Course content for specific students in public postsecondary institutions
  • Class or course content for specific students in public elementary or secondary schools
  • Conventional electronic documents related to specific individuals, their property, or their accounts, and are password-protected or secured

If a county’s web content falls under these exceptions without limitations, they do not need to conform to the WCAG 2.1 Level AA standard. However, if a limitation applies, compliance with the proposed rule’s accessibility requirements becomes necessary.

Counties with a total population of 50,000 or more need to comply within two years of the final rule’s publication. Counties with a total population of less than 50,000 need to comply within three years of publication.

The rule also creates a provision which states that compliance with WCAG 2.1 Level AA is not mandated if it results in undue financial and administrative burdens or fundamentally alters the services, programs, or activities of the county.

The final rule projects a cost of up to $1 billion in total to counties, which may prove onerous for under-resourced counties. The cost figure for compliance accounts for initial rule familiarization, necessary remediation, and ongoing compliance with the accessibility requirements going forward.

To help counties familiarize with the rule and to answer questions, NACo will host an informational webinar on the final rule on May 6, 2024, from 2: p.m. to 3 p.m. Eastern. NACo members can register for the webinar here.

 

May 2 webinar will focus on infrastructure requirements, resources

County leaders are advised to participate in the newest edition of a webinar series co-sponsored by MAC. The May 2 edition of “Updates and Resources for Local Governments” will focus on infrastructure requirements and resources available to local governments.

To register for the session, which will run from 2 p.m. to 3 p.m. Eastern, click here.

The Updates and Resources for Local Governments webinar series is designed to provide local governments with the information, tools, and resources necessary to make important decisions at the local level.

Specific topics to be covered will include:

  • Lead Service Line Replacement
  • Infrastructure Financing – State Revolving Funds  
  • Michigan Infrastructure Council – Asset Management Champions Program
  • Michigan Infrastructure Office Technical Support
  • State and Local Cybersecurity Grant Program (SLCGP)

Presentations and recordings from this webinar, along with previous webinars, can be found at TREASURY – BLGSS Learning Center. Utilize TREASURY – Contact Information for support related to Treasury’s local government services. 

 

Extension for court fee authority advances in House and Senate

Legislation to secure key trial court funding has passed out of the House, and recently introduced Senate bills on the subject received a hearing in the Senate Judiciary Committee this week.

House Bill 5392 and Senate Bill 815, by Rep. Sarah Lightner (R-Jackson) and Sen. Sue Shink (D-Washtenaw) respectively, extend a quickly approaching May 1, 2024, expiration (“sunset”) of the authority of trial courts to levy fees that constitute a key part of their operational funding.

However, HB 5392 and SB 815 are “tie-barred” to a separate measure through actions of the House Judiciary Committee. The companion bills, HB 5534 and SB 814, by Rep. Kelly Breen (D-Oakland) and Sen. Stephanie Chang (D-Wayne) respectively, outline a plan for the State Court Administrative Office to conduct data collection on certain trial court costs and revenue sources and provide a report to the Legislature with proposals to implement the Trial Court Funding Commission’s recommendations from 2019. A “tie-bar” means both bills must advance together.

Now that the House bills have advanced to the Senate, MAC anticipates the Senate passing the legislation next week. With the bills headed to the Governor as early as next week, MAC expects the sunset to be extended prior to its expiration on May 1. Courts stand to lose nearly $50 million in operational funding annually if HB 5392 does not pass. This loss of revenue, if not covered by the state, will fall on the counties to cover.

Now, the Senate needs to give immediate effect to both bills, otherwise the legislation will not take effect until well after May 1.

MAC supports both HBs 5392 and 5534 and SBs 814 and 815, with our priority to move HB 5392 and extend the sunset prior to May 1.

MAC is asking members to take immediate action to urge quick legislative passage. Please visit MAC’s advocacy center to share your support and the need for immediate effect in the Senate for HBs 5392 and 5534 with your elected officials. The legislative window is closing, as there are limited days for the Legislature to advance the bills to the governor prior to May 1.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

MAC working on changes to short-term rental legislation

A 10-bill package designed to restrict ― but not eliminate ― local governments’ power to regulate short term-rentals, while allowing for a 6 percent excise tax was the subject of the House Local Government Committee meeting this week. House Bills 5437-5446 did not receive a vote in committee this week, and further hearings are anticipated.

The primary bill in the package is HB 5438, by Rep. Joey Andrews (D-Berrien), which would require short-term rentals to be registered with the state; carry $1 million in liability insurance; have carbon monoxide detectors, smoke detectors and fire extinguishers; and have an emergency contact for renters within 30 miles of the rental. The bill would not allow a local government to ban short-term rentals but would allow communities to restrict their number.  

MAC has not taken a formal position on the bills since counties are not defined as a local government under the legislation; do not have the authority to regulate the rentals; nor do they collect any portion of the proposed excise tax. The bill sponsor is open to amendments to recognize that many counties do the planning and zoning for municipalities and enforce building codes.  

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

Special elections renew 56-54 Democratic majority in House

Democrats again will hold a 56-54 edge in the Michigan House of Representatives after two special elections held Tuesday.

The House has been at a 54-54 standstill since Reps. Kevin Coleman (D-Westland) and Lori Stone (D-Warren) left office to serve as mayor in their respective hometowns.

Replacing Coleman will be Peter Herzberg, a Westland City Council member. Mai Xiong, a Macomb County commissioner, will be filling Stone’s seat in the 13th district.

It remains unclear when the new representatives will be sworn in. The Board of State Canvassers must certify the election first, and they are scheduled to meet on April 26. It is possible Xiong and Herzberg will be seated the following week, though it could be even later.

State law requires the Legislature to finish its budget work by July 1 each year, though there are no penalties to lawmakers for missing that deadline.

However, during election years, the Legislature traditionally breaks in late May or early June to return home to their districts for campaign work. That means there could only be about 12 or 15 session days between the new representatives being seated and the summer recess. While most of this time will be occupied with budget work, it is possible Democrats will take advantage of their renewed majority and advance some of their legislative priorities.

For more discussion on the legislative calendar, check out the latest episode of Podcast 83.

 

Learn your options about social media posting in April 22 webinar

An April 22 webinar will brief local leaders on the effect of a U.S. Supreme Court decision on their social media posting.

Hosted by the Local Government Legal Center (LGLC), legal experts will lead a discussion of the Lindke v. Freed decision in which the Supreme Court set forth the test for when local government officials are considered “state actors” for the purposes of the First Amendment when they post on social media.

Click here to register. The webinar begins at 2 p.m. Eastern.

The LGLC is a coalition of national local government organizations formed in 2023 by the National Association of Counties (NACo), National League of Cities (NLC), International Municipal Lawyers Association (IMLA) and Government Finance Officers Association (GFOA) to provide education to local governments regarding the Supreme Court and its impact on local governments and local officials and to advocate for local government positions at the Supreme Court in appropriate cases.

 

Capital improvements are subject of April 22 ‘Fiscally Ready’ session

The next “Fiscally Ready Communities” training opportunity will focus on “Capital Asset Management and Planning” on April 22.

Recurring annual expenses are simple to budget, but repair and replacement of big-ticket items can be much more difficult. A Capital Improvement Program (CIP) will help your local government organize those major projects and forecast the expenses to make long-term planning simpler. This session will cover the basics of a CIP, best practices, and give participants a chance to share techniques that have worked for their community, as well as policies, procedures, and accounting for capital asset management and planning.

Click here to register for the event, which runs from 3 p.m. to 4:30 p.m. Eastern.

For more information about Fiscally Ready Communities, please check out the Treasury Fiscally Ready Communities webpage. This webpage includes Treasury’s 32-page Fiscally Ready Communities Best Practices document, which we encourage all local officials to review.

If you have any questions, email TreasLocalGov@michigan.gov with the subject line “Fiscally Ready.”

 

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