Michigan Legislature Continues Debate on Earned Sick Time Act and Minimum Wage Law

The Michigan Legislature remains locked in a debate over amendments to the Earned Sick Time Act and the state’s Minimum Wage Law as the February 21, 2025, effective date for current legislation quickly approaches. The House and Senate have proposed differing versions of bills addressing these issues, with key disagreements over tipped worker wages, paid sick leave for small businesses, and accrual policies for seasonal and part-time workers.

Minimum Wage Law Amendments

Two bills—Senate Bill 8 (SB 8) and House Bill 4001 (HB 4001)—aim to amend Michigan’s Minimum Wage Law. While both bills seek to adjust wage structures, the primary difference between them is how they handle wages for tipped workers. The House version, HB 4001, passed over to the Senate a few weeks ago, but the Senate instead voted on SB 8 this week, which includes different provisions regarding what percentage of the minimum wage tipped workers should earn. The ongoing dispute between the chambers could delay resolution on this issue.

Earned Sick Time Act Amendments

Similarly, Senate Bill 15 (SB 15) and House Bill 4002 (HB 4002) propose changes to the Earned Sick Time Act. HB 4002, passed by the House weeks ago, is currently under Senate consideration, while SB 15 remains on the Senate floor after extensive committee discussions. The primary disagreements between these bills center on the number of hours small businesses must provide in paid and unpaid sick leave, as well as the definition of a “small business.” While both chambers have agreed to define small businesses based on employee count, specific thresholds remain unresolved. Additional differences involve how paid sick leave accrues for seasonal and part-time employees.

With one week before the February 21, 2025, effective date, lawmakers face significant pressure to reconcile differences and send final legislation to Governor Gretchen Whitmer. The Governor has suggested that the Legislature pass a bill postponing the effective date to July 2025, allowing more time for debate and potential compromise.

Upcoming Informational Webinar

To assist with understanding the Earned Sick Time Act and its implications, the Michigan Department of Labor and Economic Opportunity will host a webinar on Wednesday, February 19, at 2:00 PM. The webinar will specifically address how the law applies to local governments. Interested participants can join via Microsoft Teams or dial in by phone at (248) 509-0316 using the code 49819075#. 

Follow this link for the Microsoft Teams meeting. Join the meeting now

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

Podcast 83 reviews ‘disappointing’ budget provisions, new road plan from governor

The governor’s plans for the fiscal 2026 budget and for Michigan roads are the focus of the newest episode of Podcast 83.

“(The governor) proposed a 4 percent increase in revenue sharing (for FY26), but really it wasn’t a 4 percent increase in revenue sharing,” explained Deena Bosworth, MAC’s governmental affairs director. “It was a 3.6 percent increase in the overall amount that we got last year in revenue sharing.

“As a reminder for our members, there was an additional $30 million put into county revenue sharing last year and that went out in a different formula than what we originally were receiving in county revenue sharing. So, there was the base of the $261 million and then an additional $30 million that went out to counties based on an inverse relationship that they have to their taxable value compared to the rest of the state.

“Well, the governor separated those lines, those dollars, out in her budget recommendation this year, and said, we’re only going to give you a 4 percent increase on that $261 million base, and we’re just going to give you that $30 million that you got last year, but we’re not giving any increases on it. … We’re slightly disappointed in that, but also a little disappointed in the fact that she didn’t include the Revenue Sharing Trust Fund, which she didn’t include last year, either.”

In the rest of the budget, Bosworth said, “It was really pretty much flat funding for anything that had anything to do with counties. I mean, there was no increase in any, any of our line items: not county jail reimbursement, not prosecutors, not in the Child Care Fund.”

Later in the episode, Bosworth and host Stephan Currie, MAC executive director, reviewed the governor’s new road proposal, which calls for $3 billion from a variety of sources.

“Some of the proposed new taxes that are being proposed would be Facebook ads, Twitter ads, things like that would be taxed. Amazon delivery fees,” said Currie. “You could see a delivery fee tax that goes towards the roads, covering Uber, Uber Eats, those kind of food deliveries, taxi services, limo services. … In addition, there’s apparently a loophole, which I didn’t know about this until reading about it a little bit today, in the marijuana tax, where there’s not all the marijuana that’s being sold is being properly taxed at the point of sale.”

To view the full episode, recorded on Feb. 10, click here.

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

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

Staff picks

Counties would get 4% revenue sharing bump in governor’s plan

Michigan counties would see a 4 percent increase in the revenue sharing total in fiscal 2026 under a budget plan presented by Gov. Gretchen Whitmer’s administration this week.

Whitmer’s budget, which is $83.5 billion overall, $15.3 billion of that General Fund, leaves out key policy initiatives that local governments have been seeking.

The 4 percent increase in county revenue sharing would not apply to the entire revenue-sharing base from FY25. The administration has excluded the $30 million in equalization payments for counties that were first included in the FY25 budget, meaning these payments remain flat. Counties would still see just over $300 million in this plan. Notably absent from the proposal is the Revenue Sharing Trust Fund that MAC and other local government groups have long supported.

Public safety funding is another point of contention. The governor seeks $75 million for public safety and violence prevention, but counties are entirely excluded from eligibility — a move that MAC has criticized as shortsighted. Counties play a central role in law enforcement, courts, jails, diversion programs, specialty treatment courts and juvenile justice, particularly on behalf of townships that rely on county-level services. By shutting out counties, MAC argues the state is diluting the effectiveness of these critical funds.

Another missing element is a comprehensive road funding plan. However, speculation in Lansing suggests a plan could be released soon. With infrastructure needs mounting, many are eager to see how the governor plans to address road repairs and long-term funding solutions.

Overshadowing all budget discussions is the looming threat of a federal funding freeze, which could impact roughly 42 percent of the proposed budget. Lawmakers are watching intently to see how federal decisions might affect Michigan’s financial outlook.

As the budget process unfolds, MAC will continue pressing for adjustments to revenue sharing, public safety funding and road investments

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

 

House advances rule to tie special spending to immigration policies

A rule advanced out of a key House committee this week that seeks to prohibit appropriations bills from including earmarked spending for municipalities that maintain policies perceived as obstructing federal immigration enforcement.

Under House Resolution 19, a municipality — including any official, department, or board — would be ineligible for “legislatively directed spending” (think earmarks, not regular budget line items) if it:

  • Maintains any rule, policy, or ordinance that subverts federal immigration enforcement in any way.
  • Refuses to cooperate with federal immigration authorities, including U.S. Immigration and Customs Enforcement (ICE) detainer requests.

Before a municipality could receive legislatively directed spending, HR 19 requires local governments to submit detailed documentation to the House, including:

  1. A report on local policies and ordinances related to federal immigration law and enforcement. This must include rules regarding cooperation with ICE and detainer requests and whether the municipality shields undocumented immigrants from federal authorities.
  2. A formal certification letter from the municipality’s chief executive officer, elected board, or legal representative, stating that:
    • Local policies do not encourage or support obstruction of federal immigration enforcement.
    • The municipality will comply with federal immigration law.

If HR 19 gains traction, it could have significant fiscal and legal implications for municipalities across Michigan. HR 19 is now before the full House.

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

 

Senate begins debate on Earned Sick Time Act changes

The Michigan Senate Committee on Regulatory Affairs held a hearing this week on Senate Bill 15, by Sen. Sam Singh (D-Ingham), which has several key amendments to the Earned Sick Time Act set to take effect on Feb. 21, 2025. With time running short, the Senate and House must reach an agreement on changes to the law before its implementation.

The amendments in SB 15 would:

  • Redefine the definition of a “small business” from one with fewer than 10 employees to one with fewer than 25 employees.
  • Reduce the number of hours a small business must provide paid leave to 40 as opposed to larger businesses that remain at 72 hours but requires small businesses to provide an additional 32 hours of unpaid leave.
  • Allow businesses to frontload sick time at the beginning of the year instead of accruing it throughout.
  • Cap the amount of accrued sick time employees can carry over each year to 144 hours if it gets paid out and 288 if it does not.

This Senate proposal follows the House’s passage of House Bill 4002 last week, which takes a more business-friendly approach. The bill, which MAC backs:

  • Exempts businesses with fewer than 50 employees from the Earned Sick Time Act.
  • Narrows employee eligibility, excluding independent contractors, out-of-state workers, seasonal employees (working 25 weeks or fewer), part-time employees (25 hours or less per week) and variable-hour employees.
  • Provides two accrual models:
    • Frontloading Model: Employers give up to 72 hours of sick time at the start of the year, with no carryover requirements.
    • Accrual Model: Employees earn one hour of sick time per 30 hours worked, capping at 72 hours annually. Carryover is limited to 72 hours unless the employer allows more. Employers may opt to pay out unused time to avoid carryover.
  • Allows employers to integrate sick time with existing PTO policies for administrative efficiency.
  • Clarifies sick time pay rates, excluding bonuses, tips, commissions, overtime and holiday pay.
  • Permits employers to set documentation, notice and disciplinary policies for sick time use.

With the Earned Sick Time Act’s effective date quickly approaching, the Senate and House must reconcile their versions of the amendments. Business groups have expressed strong support for HB 4002’s broader exemptions, while worker advocacy groups favor SB 15’s more limited revisions. The debate in Lansing now centers on how much flexibility businesses should have while ensuring employees retain adequate sick leave protections.

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

 

Oakland’s Taub, a former MAC Board president, passes at age 85

Taub

Shelley Goodman Taub, former Oakland County commissioner and president of the Michigan Association of Counties in 2016-17, passed away on Feb. 4, 2025, after a brief illness. She was 85.

“Shelley’s life of public service never ceased to impress,” said MAC Executive Director Stephan Currie, “She wanted to serve, she enjoyed serving and she committed the time and energy to be effective for her county, her state and MAC.”

Taub did two long stints on the Oakland Board, interrupted by two terms in the Michigan House, 2003-2006.

Taub was first elected to the MAC Board in 2012 and quickly rose into the leadership ranks to become president for the 2016-17 member year.

During her year as MAC president, Taub led a historic delegation of Michigan commissioners to a special White House briefing in August 2017 and continually championed a county role in arts and culture as chair of the Arts and Culture Commission of the National Association of Counties.

In her inaugural address at the 2016 Annual Conference, Taub said,

“‘One size does not fit all.’ This is an oft-repeated phrase that is intended to convey to the listener that the speaker understands your pain; that the speaker truly grasps the problem.

“The speaker of ‘one size does not fit all’ remembers the old fairy tale about the glass slipper and that you, the commissioner, have been wandering around the country like the prince with an idea or a mandate that does not fit, does not work, trying to squeeze into that slipper, particularly when the state or feds send us the slipper, the shoebox and the bill. … So, what do we do and how do we comply and how in this state or this world can we squeeze a size 10 foot into a size 6 slipper?”

Taub then announced the creation of a message board system for county commissioners to share best practices, questions and ideas, all to leverage the collective wisdom of Michigan’s hundreds of county commissioners. The Commissioners Forum continues to operate today.

In 2016, Taub was selected for the 2016 class of the Women in Government Program operated by the Governing Institute to increase female participation in public service.

Taub also served on NACo’s Board of Directors.

 

Sign up now for the 2025 Michigan Counties Legislative Conference in Lansing

The 2025 Michigan Counties Legislative Conference will be held April 7-9, 2025, at the DoubleTree Hotel in Lansing.

The event, co-hosted by the Michigan County Medical Care Facilities Council, will feature a new format that ensures no MAC member misses any informational session that interests them.

This year, those sessions will include updates on such issues as cybersecurity, Michigan’s housing crunch, road funding options, the state’s juvenile bed shortage and much more! All of these educational sessions will be plenary sessions, meaning no overlapping events or choices to be made.

Special events at the conference include:

  • A Strolling Dinner on the opening night for mingling with colleagues and MAC’s Premier Corporate Partners
  • A Legislative Reception, during which MAC will honor its “Legislative Advocates” for 2024
  • Presentation of certificates to members of the 2025 class of County Commissioner Academy

Member pricing for the conference is $425 for all events, though one- and two-day packages are available. Any elected or appointed county official or member of MCMCFC may use member pricing.

To start your registration, go to https://bit.ly/2025LCregister.

MAC has secured a room block at the DoubleTree, with a per-night rate of $189. To secure that hotel rate, register directly with the hotel by clicking here.

We look forward to seeing you at the DoubleTree Hotel in downtown Lansing!

 

Blue Cross to host webinar on using Health Savings Accounts

Health Savings Accounts (HSAs) are increasingly part of top employers’ benefits offerings. In this employer-requested webinar, Blue Cross, a MACSC sponsored program and MAC Premier Partner, will explore the ways employers and employees can benefit from an HSA. Whether the HSA enables employers to offer a lower-premium plan, enhance retirement planning strategies or reduce the tax burden for employees and the organization, it is a core element to a comprehensive benefit package.

Join Blue Cross on Thursday, Feb. 20 from 11 a.m. to 12 p.m. Eastern time as they discuss:

  • Tax advantages for employers and employees
  • How HSAs can be an important component of retirement planning for employees
  • How employers can communicate effectively with employees across their organization about the advantages HSAs provide and how to make the most of them

Register here.

 

Revenue sharing tops county priorities in Lansing in ’25

Creating a dedicated Revenue Sharing Trust Fund that reflects a true sharing of money between the state and local governments tops the list of legislative priorities for MAC’s 83 members in 2025.

Legislation for this long-needed reform won overwhelming bipartisan approval in the House in the last Legislature, but political squabbles in Lansing in December 2024 derailed it in the Senate. Despite this setback, counties remain committed to a necessary reform to ensure proper delivery of local public services, said MAC’s director of governmental affairs.

“Michigan’s 83 counties are unique in the current revenue sharing system in that every last dollar for counties must come through the annual budget process, making county revenue sharing particularly uncertain,” Deena Bosworth said. “And we don’t have to look back far to see how this jeopardizes proper funding. In the state’s fiscal 2024 budget process, county revenue sharing shrank from more than $285 million to $261 million, a 9 percent drop in a matter of months. This legislation is essential to ending this uncertainty and resulting disruption to local services.”

MAC also is among advocates for quick action to reform minimum wage and sick time rules that could leave counties scrambling to ensure proper staffing within financial constraints.

Other county goals for 2025 in Lansing are:

  • Compensating Local Governments for Funds Diverted by the Veterans Property Tax Exemption
  • Adopting a Permanent State Solution to Funding Michigan’s Courts
  • Increasing Road Funding to Address Michigan’s Infrastructure Crisis

“So much was left on the legislative ‘table’ last year that the coming year could be one of great progress, if lawmakers from both parties can find their way toward common ground,” said MAC Executive Director Stephan Currie. “As always, our members, as locally elected leaders, simply want to partner with state officials to make government work more effectively for our communities.”

For more information on MAC’s advocacy work, visit www.micounties.org or contact Deena Bosworth at bosworth@micounties.org.

 

ICYMI: MAC webinar answers opioid spending questions

Counties with questions about opioid settlement spending or resources are strongly urged to view a MAC webinar recorded in January 2025 and led by Amy Dolinky.

The approximately 45-minute session reviews MAC’s nationally recognized Resource Center webpage and dashboard and the growing resources county leaders have to ensure they make the best possible investments with their funds.

On spending

“When we talk about spending requirements, most of the settlements have the same spending requirements,” Dolinky noted. “They all have a little bit of difference when it comes to certain aspects, but most are using a document called Exhibit E, which is legally defined as a non-exhaustive list for opioid remediation or opioid abatement.

“Now Exhibit E is about 15 pages and really highlights some of the most evidence-based practices that exist for purposes of opioid remediation, and it focuses on prevention, harm reduction, treatment and recovery and avoiding items that are punitive or coercive. So, with the Exhibit E requirements, that’s only part of the spending requirements. We also have how funds are used. So, 85 percent of funds have to be used for opioid remediation, or really in alignment with Exhibit E. Fifteen percent of those funds are unrestricted. And with that, that’s the place where we see the reporting requirements.”

On reporting

“When it comes to reporting, I did mention the voluntary survey that MAC offers on an annual basis,” Dolinky said, “but in terms of reporting requirements within the settlement agreements or the legal documents themselves, counties are required to report twice a year to a company called BrownGreer. They’re identified as the national settlement administrator, and with that, in order to get those funds into the county, most folks are using an ACH through this payment portal. Either way, the payment portal has to be completed, and approximately three people in each local government have access to that portal.

 “The reporting takes place in the same portal that folks are requesting the funds in or signed up for to receive funds. So, when you’re reporting, you’re only reporting on activities that do not align with Exhibit E so that other 15 percent which is unrestricted. Some counties are putting 100 percent of their settlement funds towards opioid remediation, while others are using that 15 percent for other activities. So, if someone were to do an infrastructure project unrelated to substance use, or a roads project or bridges project, that would be something that would be reported to BrownGreer on that biannual basis. But, right now in Michigan, there are no additional reporting requirements for local governments.”

 

Calling all new and experienced local leaders! Join the Local Government Learning Community

The Michigan Association of Counties, Michigan Municipal League and Michigan Townships Association host a free, one-hour virtual webinar each month for local governments to discuss the latest developments in opioid settlement fund utilization. Speakers include statewide experts and local government peers sharing best practices for distributing and operationalizing opioid settlement funds. Representatives from counties, cities and townships are welcome to participate.

When do these webinars happen?

The local government learning community webinars occur on the second Friday of each month at noon via Zoom.

How can I join?

Sign up using this form or email Erin Lammers at elammers@publicsectorconsultants.com to be added to our roster.

 

Join EGLE on Feb. 19 for webinar on Materials Management Planning grants

The Michigan Department of Environment, Great Lakes and Energy (EGLE) is hosting a webinar on Feb. 19 to explain the 2025 Materials Management Planning Grant Program Application and funding available to counties and regions for materials management planning. This webinar is specifically for County Approval Agencies (CAA) and their Designated Planning Agencies (DPA) who will be developing and implementing their new Materials Management Plans required under the solid waste statutory changes enacted in 2022. Others responsible for assisting the CCA and/or DPA in planning, managing grant budgeting, and/or grant implementation are also encouraged to join. 

The webinar will run from 11 a.m. to 12 p.m. Eastern. Click here to register.

Please visit the following key webpages to learn more:

For questions about the program contact EGLE-MMD@Michigan.gov.

For webinar registration issues, contact BertholdA@Michigan.gov or RoseberryJ@Michigan.gov.

 

Locals can get federal dollars for energy projects

The Inflation Reduction Act’s new direct pay program provides direct cash payments to nonprofits, municipalities and tribal governments for clean energy projects that are equivalent to the tax credit a for-profit company would receive.

While the direct pay program offers an important financial boost for clean energy transitions, for some, the time gap between working on a project and receiving the direct pay credit can deter even getting started. Michigan Saves can help. Our new bridge financing program addresses the real-time expenses incurred between initiating a project and receiving funds tied to a tax filing deadline after completion.

Learn more and apply

 

Michigan House passes minimum wage, sick time bills

Bills amending the state’s minimum wage and Earned Sick Time Act cleared the House this week with bipartisan support.

House Bills 4001 and 4002, by Rep. John Roth (R-Grand Traverse) and Rep. Jay DeBoyer (R-St. Clair), advanced by votes of 63-41 and 67-38, respectively. These bills were introduced and acted on quickly in the hopes of amending the acts before the Feb. 21 implementation date of the originally adopted legislation.  

Minimum wage revisions

HB 4001 proposes several amendments to Michigan’s minimum wage law, including adjustments to wage rates while maintaining the restaurant tip credit. Under this system, restaurant servers will continue to rely on tips to supplement their base pay, a move that has sparked debate among workers’ advocacy groups and business organizations. Proponents argue the bill preserves an industry standard that protects restaurants and small businesses from additional costs, and servers who testified believe their tips allow for higher income than the minimum wage would.

For all other employers, the minimum wage would increase on Feb. 21 to $12 per hour and go up 50 cents per year on Jan. 1 of each year through 2029 and then be tied to the Consumer Price Index average annual percentage change for the most recent five-year period. The bill also allows employers to pay workers under the age of 20, while training for the first 90 days, seventy-five percent of the states minimum wage and to pay employees under the age of 18, seventy-five percent of the states minimum wage. MAC supports HB 4001.

Overhauling the Earned Sick Time Act

HB 4002, which seeks to amend the Earned Sick Time Act introduces a range of changes aimed at balancing employee rights and employer flexibility. MAC supports the changes proposed in HB 4002. Key provisions of the bill include:

  • Small Business Exemption: Businesses with fewer than 50 employees would be exempt from the law.
  • Employee Eligibility: The bill defines eligible employees, exempting independent contractors, out-of-state employees, seasonal workers (25 weeks or fewer), part-time workers (25 hours or less per week), and variable-hour employees.
  • Flexible Accrual Options: Employers would have two compliance pathways:
    • Frontloading Model: Employers can provide up to 72 hours of sick time at the start of the year, with no carryover requirements.
    • Accrual Model: Employees earn one hour of sick time for every 30 hours worked, with a cap of 72 hours annually. Carryover is limited to 72 hours unless the employer agrees to more and employers may opt to pay out unused time at year-end to avoid carryover.
  • Streamlined Administration: Employers may integrate sick time tracking with existing payroll systems and meet compliance by offering time through a general PTO bank.
  • Rate of Pay Clarifications: The bill specifies that sick time compensation excludes bonuses, tips, commissions, overtime pay, and holiday pay.
  • Employer Procedures: Employers can establish customary notice, documentation requirements, and disciplinary actions for noncompliance with policies.
  • Concurrency with Other Laws: Earned sick time can run concurrently with FMLA or ADA leave, and employees would have 15 days to provide necessary documentation.
  • Separation Payouts: Employers can pay out accrued sick time upon separation to avoid reinstatement obligations if the employee returns.

Advocates argue these bills strike a balance between supporting Michigan’s workforce and protecting small businesses from regulatory overreach. The Senate versions of these bills are markedly different than the House version, though no hearings or movement have been held on those bills.

HBs 4001-02 now head to the Senate. For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

Fiscal experts: 2025 is a great time to give local governments some options on funding

This year would be a great time for Michigan to tackle reform of local government finance, says the nonpartisan Citizens Research Council of Michigan in a new study.

The report, “It’s an Opportune Time to Tackle Local Government Finance Reform,” says, “During the upcoming Fiscal Year (FY)2025-26 budgetary debate about the amount of discretionary state revenues that will be shared with local governments, state policymakers should review the objectives of revenue sharing program, especially how its distribution formulas meet those objectives, in context of the state’s overall municipal finance system.”

This parallels MAC’s long efforts to reform county revenue sharing at the Capitol, funding that has lagged significantly against the effects of inflation in the 21st century.

The report also states, “Michigan law restricts the taxes available to local governments to essentially the property tax. A city income tax and several minor taxes for counties are options, but not available to all local units. With the property assessment cap restricting growth in the property tax base, and the inability to levy non-property taxes, local governments have little option than to raise property tax rates or fees to sustain revenues over time.”

Finally, the authors recognize, “The fiscal stability of local governments is critical to Michigan’s economic well-being. Without alternative ways to raise revenues and lower their community’s property tax burden, local governments face significant challenges in maintaining their operations, offering the public services they are expected to provide and growing their local economies.”

For more information about MAC’s advocacy efforts in 2025, contact Director of Governmental Affairs Deena Bosworth at bosworth@micounties.org.

 

Final call on applications for MAC policy committees

County commissioners have just days left to apply for MAC’s five standing committees for 2025. Applications are due by Jan. 31, 2025. To apply, please email a completed application form to Deena Bosworth at bosworth@micounties.org.

To ensure continuity, commissioners who served on committees in 2024 and attended at least three meetings have been contacted to confirm their interest in continuing. New applicants are encouraged to apply, as MAC strives to maintain balanced regional representation across all committees. MAC’s president appoints all committee members.

MAC’s standing committees play a critical role in shaping the association’s policy platform and legislative advocacy. Each committee meets approximately six times per year, with the option for members to participate remotely via Zoom. Meetings will begin in February 2025.

The work of MAC depends heavily on the diverse perspectives and expertise of our member counties. Ensuring representation from every county across Michigan strengthens our policy positions and enhances our ability to effectively advocate for counties’ interests at the State Capitol and with federal officials.

Through input from these committees, the MAC Board of Directors develops legislative policies that address the unique needs and challenges facing Michigan’s counties. Your voice and expertise are vital to this process.

To see an overview of the committees and their work, click here.

 

Podcast 83: What are county boards messing up when trying to comply with the Open Meetings Act?

A new special episode of Podcast 83 features an expert on the Michigan Open Meetings Act (OMA) and the mistakes that county boards so often make in trying to comply with it.

Matt Nordfjord, managing partner of the firm of CST Municipal Law, recently led briefings on the OMA at MAC’s New Commissioner School on the trends he has seen in county compliance.

“One of the big takeaways I got from that is that we seem to have some additional education that would be warranted here on what is a public body subject to the Open Meetings Act,” Nordfjord told host Stephan Currie. “There’s been a couple of (court) cases within the last year that have to do with whether a committee, a subcommittee, a work group or even an individual meets the definition of a public body.”

Nor is this a new issue, Nordfjord said. “I was looking back through my notes since 1998 and there was a case that talked about this. And when a committee shifts from being purely advisory … there’s a three-step process. Step 1: It doesn’t matter what you’re calling it. … question is, is it a public body? And what we look to there is, did the Board of Commissioners delegate a governmental function to that individual or entity that they otherwise would be responsible for?”

In the end, Nordfjord said, a county’s wisest course is, if necessary, repeat the actions of subcommittees in a full board meeting in order to comply with OMA.

“You know, that’s one of the remedies for violations of the Open Meetings Act is re-enactment. So, it still may work functionally and be more efficient to have that entire discussion, even if you’ve had it behind closed doors first, again in the open session, so that you don’t have to deal with a potential challenge from an aggrieved party.”

Additional detail on these topics will appear in the February 2025 edition of Michigan Counties, MAC’s bimonthly magazine. The magazine is mailed directly to all county commissioners across Michigan.

NOTE: MAC emphasizes that this discussion does not constitute legal advice. Any member seeking such guidance can contact Nordfjord through the firm’s offices at 517-372-9000.

To view the full episode, recorded on Jan. 15, click here.

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

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

 

Governor signs ground medical transport bill

Michigan will now participate in a federal reimbursement program for ground medical transportation after Gov. Gretchen Whitmer signed House Bill 5695 this week. MAC supported the legislation.

HB 5695, by Rep. Mike McFall (D-Oakland), requires the Michigan Department of Health and Human Services (MDHHS) to participate in the federal GEMT reimbursement program. MAC supports HB 5695. It cleared the Legislature in 2024 on a bipartisan basis.

The U.S. Centers for Medicare and Medicaid Services (CMS) oversees the Ground Emergency Medical Transportation (GEMT) program. GEMT provides funding and support to eligible health care providers through state agencies, aiming to ensure that individuals without reliable transportation can access emergency medical care. This program improves access to emergency services for Medicaid beneficiaries, bridging the gap between patients and health care facilities and facilitating timely care during emergencies.

Our state has the eighth-highest number of Medicaid enrollees in the nation. Local emergency services and ambulance providers are not fully reimbursed by Medicaid to cover the costs of medical transportation for this significant segment of our communities. The GEMT initiative in Michigan seeks to address health disparities, promote health equity, and reimburse local agencies and emergency services providers for serving vulnerable populations.

A $500,000 appropriation was secured in the FY25 state budget to assist MDHHS in starting up GEMT in Michigan.

 

State releases checklist on renewable energy siting process

The Michigan Public Service Commission (MPSC) has developed an online resource titled “Navigating the MPSC Renewable Energy Siting Process: A Checklist for Local Governments” to assist local leaders in understanding the sequence of actions involved in siting renewable energy projects either through a local compatible renewable energy ordinance (CREO) or through the MPSC certificate process.

This step-by-step guide is tailored to help local governments understand the critical stages in the process from initial project proposals to final approvals and provides clear guidance on the actions local governments may need — or want — to take at each step.  

For more information, or to address questions regarding this resource, contact Deena Bosworth at bosworth@micounties.org.

 

State touts progress at halfway point of 5-year housing plan

Annual $50 million investments into a housing investment fund and streamlining the work for up to $118 million in regional housing efforts are just two of the accomplishments touted this week at the halfway point of Michigan’s first five-year Statewide Housing Plan.

Other actions noted by the state:

  • $110 million in one-time investments into Michigan’s Missing Middle Housing Program.
  • Legislation passed, championed by the Housing Michigan Coalition, giving local governments greater flexibility with payment in lieu of taxes (PILOTs).
  • The implementation of the COVID Emergency Rental Assistance program and the Michigan Homeowner Assistance Fund.
  • Statewide tax increment financing for housing production, authorized by the Legislature in 2023.
  • Michigan Association of Planning published Zoning Reform Toolkit.
  • Increased legislative cap on MSHDA’s single-family mortgages, paving way for expanded homeownership opportunities for Michiganders.
  • Record MSHDA investments in housing production – in two consecutive years.

Don’t miss our new video sharing some thoughts from statewide and regional leaders who have been integral to the success of the Plan.

In response to member input, housing has been a major topic for MAC in recent years:

In early 2023, MAC Executive Director Stephan Currie volunteered to serve on the Statewide Housing Partnership, a group advising the state on implementing the five-year housing plan.

At the 2023 Annual Conference, Yarrow Brown of Housing North provided an overview of what role counties can play in addressing housing needs.

In February 2024, Amy Hovey, executive director of Michigan State Housing Development Authority, visited MAC’s Podcast 83 to discuss ongoing efforts and the county role in them.

 

State sets environmental conference for March 12 in Marquette

The state will offer two days of “dynamic environmental training” in March at the Northern Michigan Environmental Conference.

Led by the Michigan Department of Environment, Great Lakes and Energy (EGLE), the event will be at Northern Michigan University in Marquette for two days, with the conference on March 12 and optional sector-specific workshops on March 13. Attendees will hear the latest on environmental regulations, permitting, resources and best practices.

Click here to register: https://egle.idloom.events/2025-NMEC. The conference fee is $90, while workshop fees range from free to $30.

Key dates for the event:

  • Lodging deadline: Feb. 17
  • Registration and cancellation deadline: Feb. 28

Among topics to be reviewed are water resource protection for developers, builders and Realtors; mining regulations and permitting; environmental emergency response; drinking water protection; water permitting; air quality issues; and materials management.

 

Staff picks

 

House committee advances key bills on minimum wage and Earned Sick Time Act

Two bills to revise the state’s minimum wage and Earned Sick Time Act (ESTA) advanced out of a House select committee this week.

House Bills 4001 and 4002, by Rep. John Roth (R-Grand Traverse) and Rep. Jay DeBoyer (R-St. Clair), are top priorities for House Republicans, who reclaimed the majority this legislative session.

The committee heard testimony on the bills in two separate hearings before voting to send them to the House floor.

HB 4001 amends Michigan’s minimum wage law to adjust to wage rates while maintaining the restaurant tip credit. Under this system, restaurant servers will continue to rely on tips to supplement their base pay, a move that has sparked debate among workers’ advocacy groups and business organizations. Proponents argue the bill preserves an industry standard that protects small businesses from additional costs, and servers who testified believe their tips allow for higher income than the minimum wage would. 

For all other employers, the minimum wage would increase on Feb. 21 to $12 per hour and go up 50 cent per year on Jan. 1 of each year through 2029 and then be tied to the Consumer Price Index average annual percentage change for the most recent 5-year period. MAC supports HB 4001.

HB 4002, which seeks to amend the Earned Sick Time Act set to take effect on Feb. 21, introduces a range of changes aimed at balancing employee rights and employer flexibility. MAC supports the changes proposed in HB 4002. Key provisions include:

  • Businesses with fewer than 50 employees would be exempt from the law.
  • The bill defines eligible employees, exempting independent contractors, out-of-state employees, seasonal workers (25 weeks or fewer), part-time workers (25 hours or less per week) and variable-hour employees.
  • Employers would have two compliance pathways:
    • Provide up to 72 hours of sick time at the start of the year, with no carryover requirements.
    • Have employees earn one hour of sick time for every 30 hours worked, with a cap of 72 hours annually. Carryover is limited to 72 hours unless the employer agrees to more and employers may opt to pay out unused time at year-end to avoid carryover.
  • Employers may integrate sick time tracking with existing payroll systems and meet compliance by offering time through a general PTO bank.
  • The bill specifies that sick time compensation excludes bonuses, tips, commissions, overtime pay, and holiday pay.
  • Employers can establish customary notice, documentation requirements and disciplinary actions for noncompliance with policies.
  • Earned sick time can run concurrently with federal Family Medical Leave Act or Americans with Disabilities Act leave, and employees would have 15 days to provide necessary documentation.
  • Employers can pay out accrued sick time upon separation to avoid reinstatement obligations if the employee returns.

Advocates argue these bills strike a balance between supporting Michigan’s workforce and protecting small businesses from regulatory overreach. The Senate versions of these bills are markedly different than the House version, though no hearings or movement have been held on those bills.

As HBs 4001-02 head to the House floor, all eyes will be on whether bipartisan consensus can be reached on these high-stakes issues. For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

Republican road funding plan raises revenue sharing concerns

Gov. Gretchen Whitmer called on legislators during her public address this week to find a sustainable, long-term funding solution to the persistent road funding dilemma. In response, House Speaker Matt Hall (R-Kalamazoo) provided this week an updated and more detailed plan than he initially released late in 2024. 

Speaker Hall intends to focus on local roads and increase road funding without raising taxes. The republican road funding plan would shift all state tax revenue at the pump towards roads, rather than the current split between fuel tax and sales tax.

While MAC is supportive of House Republicans’ focus on local roads, it is imperative that sales tax revenue not be reduced, even if redirected towards road funding. Counties, schools and other local units of government rely heavily on revenue from the state sales tax. The proposed road funding initiative will decrease sales tax revenue and, therefore, revenue sharing. 

MAC will work alongside legislators to ensure the future of road funding focuses on local roads AND that counties are made whole, should the sales tax revenue from the gas pump be redirected to roads. 

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

 

MAC: Counties look forward to working with Gov. Whitmer to protect investments in local resources, services

Michigan’s county government leaders commended Gov. Gretchen Whitmer’s emphasis on investing in local public assets and services in her “Road Ahead” address at the Detroit Auto Show this week.

“What an excellent start to the new year to hear the governor speak about the central role that local public services play in the life of Michiganders,” said Stephan Currie, MAC executive director. 

“While the speech included discussion on Michigan’s road network, it’s clear that she sees the principle applying across all aspects of Michigan communities, from housing and place-making to the re-use of brownfield sites to spur job creation and our economy,” Currie added. “As Michigan’s original regional governments, our counties are uniquely placed and well-equipped to spearhead such work.” 

To that end, MAC’s policy efforts will again center on fundamental reform of Michigan’s revenue sharing system with local governments, part of a system that the nonpartisan Citizens Research Council of Michigan has deemed “unsustainable” for local public services. 

This reform would be a dedicated revenue sharing fund, separated from the annual budget politics in Lansing, which is essential to meeting the promise made decades ago by the state to properly share revenue so county leaders can do their jobs. 

Citizens wondering about local resources should note that 25 years ago, the state allocated $228 million to counties via revenue sharing. Had the state simply adjusted that figure for inflation each year, counties would have received nearly $404 million this year, which would be invested in local communities for public safety, public health, roads or a variety of areas which make our communities more attractive.

“The governor’s remarks are a sign of hope that real progress can be made this year in Lansing. Our members are excited to partner with state leaders to turn remarks into reality,” Currie said.

 

Treasury releases taxable value data as part of revenue sharing process

The Michigan Department of Treasury announced this week it will send taxable value reports for May 2024 to cities, villages and townships across the state. These reports, derived from county equalization data submitted in May 2024, will serve as a critical step in verifying the taxable values reported by local governments.

The accuracy of these figures is especially significant because they affect the calculation of revenue sharing payments for FY 2025. Revenue sharing payments to counties will be based on ongoing funding levels established in FY 2024, totaling $261 million, plus an additional $30 million. This additional $30 million will be distributed to each county using an inverse relationship formula, prioritizing counties with lower total taxable values compared to the rest of the state. All counties in the state will see an increase. Click here for estimated payments to each county this year.  

To ensure payments are calculated accurately, it is essential that local taxable value data align with the figures submitted by county equalization departments. Locals have until Feb. 7 to review and contest the reported taxable values if discrepancies are identified. To dispute the figures, local units must complete and submit Form 6167 to the Department of Treasury, their county Equalization department and the county treasurer.

While Treasury does not anticipate widespread disputes, any discrepancies will be addressed in coordination with the relevant equalization department.

For additional guidance on the taxable value verification process or assistance with Form 6167, contact the Michigan Department of Treasury at TreasRevenueSharing@michigan.gov. For additional questions, contact Deena Bosworth at bosworth@micounties.org.

 

Call governor in support of medical ground transport bill

County leaders are encouraged to contact Gov. Gretchen Whitmer’s office (517-335-7858) in support of her signing House Bill 5695.

HB 5695, by Rep. Mike McFall (D-Oakland), requires the Michigan Department of Health and Human Services (MDHHS) to participate in the federal GEMT reimbursement program. MAC supports HB 5695. It cleared the Legislature in 2024 on a bipartisan basis.

But if Whitmer does not sign the bill by Jan. 22, it will not become law.

The U.S. Centers for Medicare and Medicaid Services (CMS) oversees the Ground Emergency Medical Transportation (GEMT) program. GEMT provides funding and support to eligible health care providers through state agencies, aiming to ensure that individuals without reliable transportation can access emergency medical care. This program improves access to emergency services for Medicaid beneficiaries, bridging the gap between patients and health care facilities and facilitating timely care during emergencies.

While Michigan doesn’t currently participate in the program, our state has the eighth-highest number of Medicaid enrollees in the nation. Local emergency services and ambulance providers are not fully reimbursed by Medicaid to cover the costs of medical transportation for this significant segment of our communities. The GEMT initiative in Michigan seeks to address health disparities, promote health equity, and reimburse local agencies and emergency services providers for serving vulnerable populations.

A $500,000 appropriation was secured in the FY25 state budget to assist MDHHS in starting up GEMT in Michigan.

 

EGLE launches Materials Management Planning grant program

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has officially announced the availability of grants to assist counties in preparing, implementing, and maintaining Materials Management Plans (MMPs). This funding aims to help local governments meet new planning requirements to improve the management and recycling of materials in their communities.

Per the enabling statute, the grant amounts are calculated based on the following formula:

  • $60,000 per county in the planning area
  • An additional $10,000 per county if the planning area includes more than one county
  • 50 cents per resident in the planning area, up to a population of 600,000 residents

Counties or planning areas with more than one county will receive an augmented funding allocation to accommodate their broader needs.

However, it is important to note that these are reimbursable grants, meaning counties must first incur the costs and then submit for reimbursement, rather than receiving funds upfront.

MAC has raised concerns about the grant program’s implementation. While the statutory language clearly outlines the total funding obligated to each county or planning area, there is a risk that some counties may not receive their full allocation. To address this, MAC will advocate for modifications to ensure every eligible county complying with the program receives the maximum disbursement allowed under law.

For complete grant details, visit EGLE’s official webpage. For program questions, contact EGLE’s Christina Miller at millerc1@michigan.gov.

For further information or support on this issue, counties can contact MAC’s Deena Bosworth at bosworth@micounties.org

 

Podcast 83: House sets nontraditional course in early 2025

Traditions are being broken right and left at the State Capitol in 2025 and it’s unclear how counties will fare from the results, MAC’s Podcast 83 Team reports in its newest episode.

“In the incoming term, there will not be a house Local Government Committee, which is something to my understanding that hasn’t been done before,” explained Samantha Gibson. “Typically, most of our issues do go through the house Local Government Committee. Obviously, you know, we spend a lot of time in judiciary and criminal justice and transportation and whatnot, but the house Local Government Committee has been a long-standing platform for local governments to use in the House, so it’ll be different this term kind of running around all over the place to all these different committees.”

“I’m more than a little bit concerned,” added Deena Bosworth. “There are several issues that always went through the Local Government Committee that don’t really belong in some of the other policy committees. If you take issues like Open Meetings Act or zoning issues, local control issues are important. And we’ve seen Local Government Committee members who usually have local government background, and they understand the plight that local governments go through.”

New House Speaker Matt Hall (R-Kalamazoo) also has charted a new path on approved legislation from 2024, so far refusing to send over bills for Gov. Gretchen Whitmer’s signature to make them law. Among the stalled measures is House Bill 6058, which alters what counties have to do on employee health insurance.

“We were not happy with how it was drafted, how it went through the process and how it ultimately ended up,” Bosworth said. “The problem is that it doesn’t really make a whole lot of sense.

“I guess we’ll wait and see on that,” Bosworth added. “See what the new speaker does with those bills, if he’s compelled to, at some point, present them to the governor, and we’ll see what the governor does, right? Like I said, I’ve never seen this before, but it’s fun to watch a lot of things we haven’t seen before.”

To view the full episode, recorded on Jan. 13, click here.

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

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

 

Public comment period for Material Utilization Facilities draft closes Jan. 31

The Michigan Department of Environment, Great Lakes and Energy (EGLE) is still accepting public comment through Jan. 31 on the draft General Permit for Materials Utilization Facilities. Materials utilization facilities include composting facilities, materials recovery facilities, anaerobic digesters and innovative technology facilities. 

Submit comments on the draft General Permit for Materials Utilization Facilities via email to EGLE-MMD-SW@Michigan.gov.

Michigan’s solid waste law, Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Part 115), was amended in December 2022. Under the amended law, materials management facilities may be required to notify EGLE of their operation or obtain a registration or general permit. The type of authorization required is dependent on the type of activity, and/or the volume of material handled on-site.

Please visit the Materials Management Facilities Webpage for additional information on determining what type of authorization is required for a specific facility. Facilities subject to the general permit are required to apply by March 29, 2025.

For questions about the general permits required under Michigan’s solid waste law, email EGLE-MMD-SW@Michigan.gov or call Sueann Murphy at 517-899-5594. The General Permit for Materials Utilization Facilities and its contents are subject to the Freedom of Information Act and may be released to the public.

 

MAC offices closed on Monday, Jan. 20

MAC’s offices in downtown Lansing will be closed on Monday, Jan. 20 to observe the Martin Luther King, Jr. Holiday.

Offices will return to normal operating hours on Tuesday, Jan. 21 at 8 a.m.

See a video of Dr. King’s famous “I Have a Dream” speech from the steps of the Lincoln Memorial on Aug. 28, 1963.

 

Renewable energy briefing set for Jan. 29 in Gaylord

The Department of Environment, Great Lakes and Energy (EGLE) and the Renewable Energy Academy (REA) are hosting a workshop on Jan. 29 in Gaylord to provide local officials, planning commissioners and/or planning staff with the information needed to prepare for the new siting landscape that came into effect Nov. 29, 2024.

The four-hour workshop will be a deep dive into planning and zoning for large, utility-scale solar, wind and battery storage systems, from the basics of grid-connection to the specific zoning pathways each community should consider.

This workshop will not be focusing on policy; rather it is meant to provide neutral guidance and spark discussions around what options best reflect your municipality’s interests. The workshop is free.

Agenda

The REA runs from 10 a.m. to 2 p.m. and is immediately followed by an optional “office hour” session with EGLE staff. Lunch is complimentary and REA topics that will be covered include:

Register now to join us Jan. 29, 2025, in the Northeast Council of Governments
(NEMCOG) Region at Treetops Resort in Gaylord. A maximum of 4 attendees per community are allowed and one representative per community must register all planned attendees using one registration form.

Check out the Renewables Ready Communities Award webpage to find funding options for expanding large, utility-scale solar, wind, and battery storage systems in Michigan. 

Program or registration questions: Zona Martin, MartinZ2@Michigan.gov or 517-930-4697; Ian O’Leary, OLearyI@Michigan.gov or 517-930-4611.

 

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