Michigan 2025-2026 Regular Session

Michigan House Bill HB4311 Compare Versions

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11 HOUSE BILL NO. 4311 A bill to amend 2000 PA 489, entitled "Michigan trust fund act," by amending the title and section 2 (MCL 12.252), the title as amended by 2005 PA 232 and section 2 as amended by 2023 PA 174, and by adding sections 11a and 11b. the people of the state of michigan enact: TITLE An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; to provide for the creation and administration of certain grant programs; and to impose certain provide for the powers and duties and requirements on of certain state officials.and local governmental officers and entities. Sec. 2. As used in this act: (a) "Community district education trust fund" means the community district education trust fund created in section 12. (b) "Flint settlement trust fund" means the Flint settlement trust fund created in section 11. (c) "Local government reimbursement fund" means the local government reimbursement fund created in section 3a. (d) "Medicaid benefits trust fund" means the Michigan Medicaid benefits trust fund established in section 5. (e) "Medicaid program" means a program for medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-6.1396w-7. (f) "Medicaid special financing payments" means the Medicaid special adjustor payments each year authorized in the department of health and human services appropriations act. (g) "Michigan merit award trust fund" means the Michigan merit award trust fund established in section 9. (h) "Michigan opioid healing and recovery fund" means the Michigan opioid healing and recovery fund created in section 3. (i) "Revenue sharing trust fund" means the revenue sharing trust fund established in section 11a. (j) (i) "Strategic outreach and attraction reserve fund" means the strategic outreach and attraction reserve fund created in section 4. (k) (j) "Tobacco settlement revenue" means money received by this state that is attributable to the master settlement agreement incorporated into a consent decree and final judgment entered into on December 7, 1998 in Kelly Ex Rel. Michigan v Philip Morris Incorporated, et al., Ingham County Circuit Court, docket no. 96-84281CZ, including any rights to receive money attributable to the master settlement agreement that has been sold by this state. (l) (k) "21st century jobs trust fund" means the 21st century jobs trust fund established in section 7. Sec. 11a. (1) Beginning October 1, 2025, the revenue sharing trust fund is established in the department of treasury. The revenue sharing trust fund consists of 1 or more of the following: (a) Money deposited in the revenue sharing trust fund as required by section 25 of the general sales tax act, 1933 PA 167, MCL 205.75. (b) Donations of money made to the revenue sharing trust fund from any source. (c) Interest and earnings from revenue sharing trust fund investments. (2) The state treasurer shall direct the investment of the revenue sharing trust fund. (3) Money in the revenue sharing trust fund at the close of a fiscal year remains in the revenue sharing trust fund and does not lapse to the general fund. Sec. 11b. (1) Beginning on October 1, 2025, subject to subsections (6) and (7), and upon appropriation, the state treasurer shall transfer and disburse the money received by the revenue sharing trust fund as follows: (a) To cities, villages, and townships, $299,126,400.00 to be distributed to each city, village, or township, regardless of whether any limitation or eligibility criteria under section 952 of article 5 of 2023 PA 119 were met, in the same proportion of the revenue sharing payment that each was eligible to receive under section 952 of article 5 of 2023 PA 119, rounded to the nearest dollar. (b) To cities, villages, and townships, any remaining amount appropriated to be distributed as follows: (i) One-third as taxable value payments as provided under subsection (2). (ii) One-third as unit type population payments as provided under subsection (3). (iii) One-third as yield equalization payments as provided under subsection (4). (c) To counties, $261,069,700.00 to be distributed to each county, regardless of whether any limitation or eligibility criteria under section 952 or 955 of article 5 of 2023 PA 119 were met, in the same proportion of the revenue sharing payment that each was eligible to receive under section 955 of article 5 of 2023 PA 119, rounded to the nearest dollar. (d) Any remaining amount appropriated to counties as a taxable value payment determined as follows for each county: (i) Determine the per capita taxable value for each county by dividing the taxable value of that county by the population of that county. (ii) Determine the statewide per capita taxable value by dividing the total taxable value of all counties by the total population of all counties. (iii) Determine the per capita taxable value ratio for each county by dividing the statewide per capita taxable value by the per capita taxable value for that county. (iv) Determine the adjusted taxable value population for each county by multiplying the per capita taxable value ratio as determined under subparagraph (iii) for that county by the population of that county. (v) Determine the total statewide adjusted taxable value population, which is the sum of all adjusted taxable value population for all counties. (vi) Determine the taxable value payment rate by dividing the amount to be distributed under this subdivision by the total statewide adjusted taxable value population as determined under subparagraph (v). (vii) Determine the taxable value payment for each county by multiplying the result under subparagraph (vi) by the adjusted taxable value population for that county. (2) A taxable value payment described in subsection (1)(b)(i) to each city, village, and township is determined as follows: (a) Determine the per capita taxable value for each city, village, and township by dividing the taxable value of that city, village, or township by the population of that city, village, or township. (b) Determine the statewide per capita taxable value by dividing the total taxable value of all cities, villages, and townships by the total population of all cities, villages, and townships. (c) Determine the per capita taxable value ratio for each city, village, and township by dividing the statewide per capita taxable value by the per capita taxable value for that city, village, or township. (d) Determine the adjusted taxable value population for each city, village, and township by multiplying the per capita taxable value ratio as determined under subdivision (c) for that city, village, or township by the population of that city, village, or township. (e) Determine the total statewide adjusted taxable value population, which is the sum of all adjusted taxable value population for all cities, villages, and townships. (f) Determine the taxable value payment rate by dividing the amount to be distributed under this subsection by the total statewide adjusted taxable value population as determined under subdivision (e). (g) Determine the taxable value payment for each city, village, and township by multiplying the result under subdivision (f) by the adjusted taxable value population for that city, village, or township. (3) A unit type population payment as described in subsection (1)(b)(ii) to each city, village, and township is determined as follows: (a) Determine the unit type population weight factor for each city, village, and township as follows: (i) For a township with a population of 5,000 or less, 1.0. (ii) For a township with a population of more than 5,000 but less than 10,001, 1.2. (iii) Except as otherwise provided in subparagraph (xix), for a township with a population of more than 10,000 but less than 20,001, 1.44. (iv) For a township with a population of more than 20,000 but less than 40,001, 4.32. (v) For a township with a population of more than 40,000 but less than 80,001, 5.18. (vi) For a township with a population of more than 80,000, 6.22. (vii) For a village with a population of 5,000 or less, 1.5. (viii) For a village with a population of more than 5,000 but less than 10,001, 1.8. (ix) For a village with a population of more than 10,000, 2.16. (x) For a city with a population of 5,000 or less, 2.5. (xi) For a city with a population of more than 5,000 but less than 10,001, 3.0. (xii) For a city with a population of more than 10,000 but less than 20,001, 3.6. (xiii) For a city with a population of more than 20,000 but less than 40,001, 4.32. (xiv) For a city with a population of more than 40,000 but less than 80,001, 5.18. (xv) For a city with a population of more than 80,000 but less than 160,001, 6.22. (xvi) For a city with a population of more than 160,000 but less than 320,001, 7.46. (xvii) For a city with a population of more than 320,000 but less than 640,001, 8.96. (xviii) For a city with a population of more than 640,000, 10.75. (xix) For a township that has a population of not less than 10,000 and provides documentation to the department of treasury that the township provides for or makes available all of the following, the unit type population weight factor for a city with the same population: (A) Fire services. (B) Police services on a 24-hour basis either through contracting for or directly employing personnel. (C) Water services to 50% or more of its residents. (D) Sewer services to 50% or more of its residents. (b) Determine the adjusted unit type population for each city, village, and township by multiplying the unit type population weight factor for that city, village, or township as determined under subdivision (a) by the population of the city, village, or township. (c) Determine the total statewide adjusted unit type population, which is the sum of the adjusted unit type population for all cities, villages, and townships. (d) Determine the unit type population payment rate by dividing the amount to be distributed under this subsection by the total statewide adjusted unit type population as determined under subdivision (c). (e) Determine the unit type population payment for each city, village, and township by multiplying the result under subdivision (d) by the adjusted unit type population for that city, village, or township. (4) A yield equalization payment described in subsection (1)(b)(iii) to each city, village, or township must be in an amount sufficient to provide the guaranteed tax base for a local tax effort, but not to exceed 0.02, and is determined as follows: (a) The guaranteed tax base is the maximum combined state and local per capita taxable value that can be guaranteed in a state fiscal year to each city, village, and township for a local tax effort, not to exceed 0.02, if an amount equal to the amount described in subsection (1)(b)(iii) is distributed to cities, villages, and townships whose per capita taxable value is below the guaranteed tax base. (b) The full yield equalization payment to each city, village, and township is the product of the amounts determined under subparagraphs (i) and (ii): (i) An amount greater than zero that is equal to the difference between the guaranteed tax base determined in subdivision (a) and the per capita taxable value of the city, village, or township. (ii) The local tax effort of the city, village, or township, not to exceed 0.02, multiplied by the population of that city, village, or township. (5) For purposes of determining distributions described in subsection (1)(a), any city, village, or township that completely merges with another city, village, or township is a single entity, so that when determining the distribution the combined single entity is to receive under subsection (1)(a), the city, village, and township revenue sharing amount that each of the merging local units of government was eligible to receive under section 952 of article 5 of 2023 PA 119 is summed. (6) If the balance in the revenue sharing trust fund is less than the amount appropriated, payments made under subsections (1)(b) and (1)(d) must be prorated to reflect the remaining money in the revenue sharing trust fund after distributions made subsections (1)(a) and (1)(c). (7) If a city, village, township, or county is eligible to receive a distribution under subsection (1), the distribution must be made on the last business day of October, December, February, April, June, or August, as applicable. (8) Money in the revenue sharing trust fund must not be transferred, expended, withdrawn, or otherwise disbursed from the revenue sharing trust fund except as authorized in this section. (9) Payments distributed under this section may be withheld in accordance with sections 17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921. (10) For each state fiscal period that begins after September 30, 2025, the governor and the state budget director shall include in the annual budget for that fiscal period submitted to the legislature under section 18 of article V of the state constitution of 1963 an appropriation directing the state treasurer to transfer and disburse money from the revenue sharing trust fund as provided in this section. Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ______ (request no. S01028'25) or House Bill No. 4312 (request no. H01028'25) of the 103rd Legislature is enacted into law.
22
33 HOUSE BILL NO. 4311
44
55 A bill to amend 2000 PA 489, entitled
66
77 "Michigan trust fund act,"
88
99 by amending the title and section 2 (MCL 12.252), the title as amended by 2005 PA 232 and section 2 as amended by 2023 PA 174, and by adding sections 11a and 11b.
1010
1111 the people of the state of michigan enact:
1212
1313 TITLE
1414
1515 An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; to provide for the creation and administration of certain grant programs; and to impose certain provide for the powers and duties and requirements on of certain state officials.and local governmental officers and entities.
1616
1717 Sec. 2. As used in this act:
1818
1919 (a) "Community district education trust fund" means the community district education trust fund created in section 12.
2020
2121 (b) "Flint settlement trust fund" means the Flint settlement trust fund created in section 11.
2222
2323 (c) "Local government reimbursement fund" means the local government reimbursement fund created in section 3a.
2424
2525 (d) "Medicaid benefits trust fund" means the Michigan Medicaid benefits trust fund established in section 5.
2626
2727 (e) "Medicaid program" means a program for medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-6.1396w-7.
2828
2929 (f) "Medicaid special financing payments" means the Medicaid special adjustor payments each year authorized in the department of health and human services appropriations act.
3030
3131 (g) "Michigan merit award trust fund" means the Michigan merit award trust fund established in section 9.
3232
3333 (h) "Michigan opioid healing and recovery fund" means the Michigan opioid healing and recovery fund created in section 3.
3434
3535 (i) "Revenue sharing trust fund" means the revenue sharing trust fund established in section 11a.
3636
3737 (j) (i) "Strategic outreach and attraction reserve fund" means the strategic outreach and attraction reserve fund created in section 4.
3838
3939 (k) (j) "Tobacco settlement revenue" means money received by this state that is attributable to the master settlement agreement incorporated into a consent decree and final judgment entered into on December 7, 1998 in Kelly Ex Rel. Michigan v Philip Morris Incorporated, et al., Ingham County Circuit Court, docket no. 96-84281CZ, including any rights to receive money attributable to the master settlement agreement that has been sold by this state.
4040
4141 (l) (k) "21st century jobs trust fund" means the 21st century jobs trust fund established in section 7.
4242
4343 Sec. 11a. (1) Beginning October 1, 2025, the revenue sharing trust fund is established in the department of treasury. The revenue sharing trust fund consists of 1 or more of the following:
4444
4545 (a) Money deposited in the revenue sharing trust fund as required by section 25 of the general sales tax act, 1933 PA 167, MCL 205.75.
4646
4747 (b) Donations of money made to the revenue sharing trust fund from any source.
4848
4949 (c) Interest and earnings from revenue sharing trust fund investments.
5050
5151 (2) The state treasurer shall direct the investment of the revenue sharing trust fund.
5252
5353 (3) Money in the revenue sharing trust fund at the close of a fiscal year remains in the revenue sharing trust fund and does not lapse to the general fund.
5454
5555 Sec. 11b. (1) Beginning on October 1, 2025, subject to subsections (6) and (7), and upon appropriation, the state treasurer shall transfer and disburse the money received by the revenue sharing trust fund as follows:
5656
5757 (a) To cities, villages, and townships, $299,126,400.00 to be distributed to each city, village, or township, regardless of whether any limitation or eligibility criteria under section 952 of article 5 of 2023 PA 119 were met, in the same proportion of the revenue sharing payment that each was eligible to receive under section 952 of article 5 of 2023 PA 119, rounded to the nearest dollar.
5858
5959 (b) To cities, villages, and townships, any remaining amount appropriated to be distributed as follows:
6060
6161 (i) One-third as taxable value payments as provided under subsection (2).
6262
6363 (ii) One-third as unit type population payments as provided under subsection (3).
6464
6565 (iii) One-third as yield equalization payments as provided under subsection (4).
6666
6767 (c) To counties, $261,069,700.00 to be distributed to each county, regardless of whether any limitation or eligibility criteria under section 952 or 955 of article 5 of 2023 PA 119 were met, in the same proportion of the revenue sharing payment that each was eligible to receive under section 955 of article 5 of 2023 PA 119, rounded to the nearest dollar.
6868
6969 (d) Any remaining amount appropriated to counties as a taxable value payment determined as follows for each county:
7070
7171 (i) Determine the per capita taxable value for each county by dividing the taxable value of that county by the population of that county.
7272
7373 (ii) Determine the statewide per capita taxable value by dividing the total taxable value of all counties by the total population of all counties.
7474
7575 (iii) Determine the per capita taxable value ratio for each county by dividing the statewide per capita taxable value by the per capita taxable value for that county.
7676
7777 (iv) Determine the adjusted taxable value population for each county by multiplying the per capita taxable value ratio as determined under subparagraph (iii) for that county by the population of that county.
7878
7979 (v) Determine the total statewide adjusted taxable value population, which is the sum of all adjusted taxable value population for all counties.
8080
8181 (vi) Determine the taxable value payment rate by dividing the amount to be distributed under this subdivision by the total statewide adjusted taxable value population as determined under subparagraph (v).
8282
8383 (vii) Determine the taxable value payment for each county by multiplying the result under subparagraph (vi) by the adjusted taxable value population for that county.
8484
8585 (2) A taxable value payment described in subsection (1)(b)(i) to each city, village, and township is determined as follows:
8686
8787 (a) Determine the per capita taxable value for each city, village, and township by dividing the taxable value of that city, village, or township by the population of that city, village, or township.
8888
8989 (b) Determine the statewide per capita taxable value by dividing the total taxable value of all cities, villages, and townships by the total population of all cities, villages, and townships.
9090
9191 (c) Determine the per capita taxable value ratio for each city, village, and township by dividing the statewide per capita taxable value by the per capita taxable value for that city, village, or township.
9292
9393 (d) Determine the adjusted taxable value population for each city, village, and township by multiplying the per capita taxable value ratio as determined under subdivision (c) for that city, village, or township by the population of that city, village, or township.
9494
9595 (e) Determine the total statewide adjusted taxable value population, which is the sum of all adjusted taxable value population for all cities, villages, and townships.
9696
9797 (f) Determine the taxable value payment rate by dividing the amount to be distributed under this subsection by the total statewide adjusted taxable value population as determined under subdivision (e).
9898
9999 (g) Determine the taxable value payment for each city, village, and township by multiplying the result under subdivision (f) by the adjusted taxable value population for that city, village, or township.
100100
101101 (3) A unit type population payment as described in subsection (1)(b)(ii) to each city, village, and township is determined as follows:
102102
103103 (a) Determine the unit type population weight factor for each city, village, and township as follows:
104104
105105 (i) For a township with a population of 5,000 or less, 1.0.
106106
107107 (ii) For a township with a population of more than 5,000 but less than 10,001, 1.2.
108108
109109 (iii) Except as otherwise provided in subparagraph (xix), for a township with a population of more than 10,000 but less than 20,001, 1.44.
110110
111111 (iv) For a township with a population of more than 20,000 but less than 40,001, 4.32.
112112
113113 (v) For a township with a population of more than 40,000 but less than 80,001, 5.18.
114114
115115 (vi) For a township with a population of more than 80,000, 6.22.
116116
117117 (vii) For a village with a population of 5,000 or less, 1.5.
118118
119119 (viii) For a village with a population of more than 5,000 but less than 10,001, 1.8.
120120
121121 (ix) For a village with a population of more than 10,000, 2.16.
122122
123123 (x) For a city with a population of 5,000 or less, 2.5.
124124
125125 (xi) For a city with a population of more than 5,000 but less than 10,001, 3.0.
126126
127127 (xii) For a city with a population of more than 10,000 but less than 20,001, 3.6.
128128
129129 (xiii) For a city with a population of more than 20,000 but less than 40,001, 4.32.
130130
131131 (xiv) For a city with a population of more than 40,000 but less than 80,001, 5.18.
132132
133133 (xv) For a city with a population of more than 80,000 but less than 160,001, 6.22.
134134
135135 (xvi) For a city with a population of more than 160,000 but less than 320,001, 7.46.
136136
137137 (xvii) For a city with a population of more than 320,000 but less than 640,001, 8.96.
138138
139139 (xviii) For a city with a population of more than 640,000, 10.75.
140140
141141 (xix) For a township that has a population of not less than 10,000 and provides documentation to the department of treasury that the township provides for or makes available all of the following, the unit type population weight factor for a city with the same population:
142142
143143 (A) Fire services.
144144
145145 (B) Police services on a 24-hour basis either through contracting for or directly employing personnel.
146146
147147 (C) Water services to 50% or more of its residents.
148148
149149 (D) Sewer services to 50% or more of its residents.
150150
151151 (b) Determine the adjusted unit type population for each city, village, and township by multiplying the unit type population weight factor for that city, village, or township as determined under subdivision (a) by the population of the city, village, or township.
152152
153153 (c) Determine the total statewide adjusted unit type population, which is the sum of the adjusted unit type population for all cities, villages, and townships.
154154
155155 (d) Determine the unit type population payment rate by dividing the amount to be distributed under this subsection by the total statewide adjusted unit type population as determined under subdivision (c).
156156
157157 (e) Determine the unit type population payment for each city, village, and township by multiplying the result under subdivision (d) by the adjusted unit type population for that city, village, or township.
158158
159159 (4) A yield equalization payment described in subsection (1)(b)(iii) to each city, village, or township must be in an amount sufficient to provide the guaranteed tax base for a local tax effort, but not to exceed 0.02, and is determined as follows:
160160
161161 (a) The guaranteed tax base is the maximum combined state and local per capita taxable value that can be guaranteed in a state fiscal year to each city, village, and township for a local tax effort, not to exceed 0.02, if an amount equal to the amount described in subsection (1)(b)(iii) is distributed to cities, villages, and townships whose per capita taxable value is below the guaranteed tax base.
162162
163163 (b) The full yield equalization payment to each city, village, and township is the product of the amounts determined under subparagraphs (i) and (ii):
164164
165165 (i) An amount greater than zero that is equal to the difference between the guaranteed tax base determined in subdivision (a) and the per capita taxable value of the city, village, or township.
166166
167167 (ii) The local tax effort of the city, village, or township, not to exceed 0.02, multiplied by the population of that city, village, or township.
168168
169169 (5) For purposes of determining distributions described in subsection (1)(a), any city, village, or township that completely merges with another city, village, or township is a single entity, so that when determining the distribution the combined single entity is to receive under subsection (1)(a), the city, village, and township revenue sharing amount that each of the merging local units of government was eligible to receive under section 952 of article 5 of 2023 PA 119 is summed.
170170
171171 (6) If the balance in the revenue sharing trust fund is less than the amount appropriated, payments made under subsections (1)(b) and (1)(d) must be prorated to reflect the remaining money in the revenue sharing trust fund after distributions made subsections (1)(a) and (1)(c).
172172
173173 (7) If a city, village, township, or county is eligible to receive a distribution under subsection (1), the distribution must be made on the last business day of October, December, February, April, June, or August, as applicable.
174174
175175 (8) Money in the revenue sharing trust fund must not be transferred, expended, withdrawn, or otherwise disbursed from the revenue sharing trust fund except as authorized in this section.
176176
177177 (9) Payments distributed under this section may be withheld in accordance with sections 17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921.
178178
179179 (10) For each state fiscal period that begins after September 30, 2025, the governor and the state budget director shall include in the annual budget for that fiscal period submitted to the legislature under section 18 of article V of the state constitution of 1963 an appropriation directing the state treasurer to transfer and disburse money from the revenue sharing trust fund as provided in this section.
180180
181181 Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ______ (request no. S01028'25) or House Bill No. 4312 (request no. H01028'25) of the 103rd Legislature is enacted into law.