Archive for June, 2024

Legislative Update 6-14-24

June 14, 2024Blog, Events, Legislative, MAC news, Marketing, NACo

MAC releases huge survey report on opioid settlement funds

MAC is excited to announce the updating of the MAC Opioid Settlement Dashboard and the release of the Michigan County Opioid Settlement Reporting: Data Overview.

The Michigan County Opioid Settlement Reporting: Data Overview and the related MAC Opioid Settlement Dashboard are the product of months of work with Michigan’s 83 counties, which are now in the process of deploying millions of dollars derived from various legal settlements with drug manufacturers. Between now and 2040, those settlements will result in $800 million for Michigan counties.

“This is the first and only comprehensive picture of what is happening at the county level in Michigan,” said MAC Executive Director Stephan Currie. “It results from our ongoing partnership with Vital Strategies, a global public health organization, to aid our members to make the most of this historic opportunity to aid those struggling with substance use disorder.”

Data included on the dashboard and in the report are pulled from the Annual Opioid Settlement County Reporting Survey. The survey was administered between April and May of 2024 and was intended to capture data associated with calendar year 2023. Information collected included county activities associated with planning efforts, stakeholder engagement, management of funds and spending.

“Most counties are focused on thoughtful planning efforts to ensure funds are used in meaningful ways while understanding the urgency of drug overdose crisis,” said Amy Dolinky, the technical adviser who led the survey work. MAC is expecting to do annual surveys to gauge changes over time and continued updating of the dashboard and reporting.

Seventy-seven percent of counties responded to the survey, allowing for the most comprehensive picture of local government efforts associated with opioid settlement funds available.

County leaders can learn more about the report and the latest on opioid planning by attending the 2024 Policy Summit on June 25 in Lansing or via Zoom. For details, including registration, click here.

For questions or for technical assistance, contact Amy Dolinky at dolinky@micounties.org.

Economic development vote pulls rug out from under locals

A huge state fund for community investments, accessible by counties and others, was suddenly and unexpectedly eliminated from legislation in a House committee this week.

The House Committee on Economic Development and Small Business adopted substitute bills that eliminate the proposed “Michigan 360” program.

The prior versions of Senate Bills 559, by Sen. Mallory McMorrow (D-Oakland) and 562, by Mary Cavanaugh (D-Wayne) would have created “Michigan 360” as part of a revamp of the Strategic Outreach and Attraction Reserve (SOAR) Fund. “Michigan 360” would have dedicated funds for local housing, infrastructure, regional transit, job training, business assistance and child care development.

The state’s current economic development programs, which traditionally have focused on winning large corporate investments, have been criticized in recent years because the return on investment was unclear and because they failed to recognize the needs of the communities the companies were going in to.

MAC opposes the abandonment of the Michigan 360 program and sees it as a step backward for economic development. Businesses need talent and talent needs attractive, functional and affordable places to live, work and play. This turn of events is likely due to continued budget negotiations and concerns over the amount of funds available for the program.

MAC will continue to urge restoration of the program as the bills move through the legislative process.

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

Contentious election bills advance in Senate on party-line vote

An amended version of the “Michigan Voting Rights Act,” Senate Bills 401-404, passed the Senate Elections and Ethic Committee this week with all Democrats voting yes and Republican members voting no. The bills are meant to bolster federal law and voting rights in the state for members of a protected class and for disabled electors and locals have expressed support for this concept. However, the practical implementation and potential legal liability are quite troublesome for county governments.

Under the initial proposal, a member of a protected class could file a complaint with a local unit of government if they felt impaired from participating in elections or the political process. Many of the listed impairments are beyond the control of a local government or conflict with existing election laws.

MAC participated in workgroups with bill sponsors, Senate policy staff, clerks and other local government associations. Many changes were made, including the creation of a fund for the reimbursement of legal fees, softer language to ensure malintent is evident and certain stipulations for meetings between plaintiffs and defendants.

MAC appreciates the many concessions that sponsors made in acknowledgement of county concerns. However, MAC does not have a position on the bills, as we remain uneasy about exposing locals to frivolous legal challenges and placing additional burdens on local clerks. The bills are expected to be scheduled for a full Senate prior to the Legislature’s summer recess.

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

MAC joins call to reset state course on mental health services

A state plan to alert delivery of mental health services should be considered, MAC and one of its affiliates said this week.

The Michigan Department of Health and Human Services (MDHHS) has proposed new requirements for those utilizing mental health services through the public mental health system. These proposals, a result of the federal Conflict Free-Access and Planning (CFAP) guidelines, would create service delays, additional costs to providers and barriers to access for individuals seeking care from the public mental health system.

County commissioners may receive requests from their local Community Mental Health organization or PIHP to adopt resolutions opposing the proposed changes regarding CFAP from MDHHS and urging collaboration between MDHHS and the Community Mental Health Association of Michigan (CMHA), a MAC affiliate. (Download a CMHAM resolution template here.)

CMHA’s alternative to MDHHS’ plan better fits the needs of Michigan’s public health system and its patients.

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

Map of inland lakes

Bill to ease county burden on setting lake levels advances

Legislation to help counties streamline the setting of inland lake levels advanced to the House floor this week.

Senate Bill 662, by Sen. Rosemary Bayer (D-Oakland), which cleared the House Committee on Natural Resources, Environment, Tourism and Outdoor Recreation this week, redefines “normal lake level” to allow for temporary fluctuations caused by weather conditions and water control structure construction or repair activities. The current statute and recent court decision to require counties to maintain a static lake level or to petition circuit courts to amend lake level orders when deviations occur result in a time-consuming and costly process.

SB 662 would improve this process by retroactively changing the definition to include the variations. By broadening the definition, counties and lake level districts should be able to avoid unnecessary lawsuits and repeated court proceedings, ultimately conserving both financial and administrative resources. The bill is supported by the Michigan Association of County Drain Commissioners, a MAC affiliate, and the Michigan Department of Energy, Great Lakes and Environment.

There are 62,798 inland lakes in Michigan with a surface area of at least 0.1 acres or larger. Michigan enjoys 1,300 square miles of inland lakes or 1.3 percent of Michigan’s total area. (mymlsa.org)

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

Counties would gain flexibility on drain maintenance under bill before House

Legislation to ease financial limitations on the maintenance of drains was voted out of a House committee this week.

The House Committee on Local Government voted out House Bill 5188, by Rep. Amos O’Neal (D-Saginaw), which increases the statutory cap on drain maintenance. Current law limits the amount of maintenance work drain commissioners can perform on a single drain in a year to $5,000 per mile. This bill would raise that to $10,000 per mile per year and then allow the cap to rise with inflation each year.

The rise in construction costs and the impact of extreme weather events necessitate the increase, argue advocates. Whether the existing drainage system is an open channel ditch/watercourse or an enclosed underground system, much of the necessary maintenance of drainage infrastructure cannot be efficiently done now, causing drain commissioners to maintain smaller sections each year and redeploying equipment and personnel in subsequent years to properly maintain the drain.

HB 5188 now moves to the House floor.

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

Podcast 83: County hiring legislation, mobility funding in the spotlight

While the Legislature’s work on the fiscal 2025 state budget remains behind closed doors, MAC’s advocates at the State Capitol have been shepherding forward policy reforms to boost county hiring, investments in public services and assist jurors.

Podcast 83 host Stephan Currie and guests Deena Bosworth, Madeline Fata and Samantha Gibson engaged in a wide-ranging discussion on policy in Lansing in the podcast’s newest episode on June 11.

County hiring legislation

“(House Bill 5203) would allow those counties that have their own retirement system that are not a member of MERS … to rehire sheriff’s people for the sheriff’s department. And MAC was supportive of the endeavor (since) all those counties that are in the MERS system already have that ability. But it was those 13 counties that are not in that system that this would extend that ability to them,” Bosworth explained.

MAC worked to expand the legislation, though, so it can be used to bolster employment in other departments. “There are situations where you’ve got experts who have retired and the county really needs to bring them back without any significant limitations on it,” Bosworth noted.

MAC’s expectation is HB 5203 will clear the Senate committee this week and may reach the governor’s desk for signature before the Legislature leaves Lansing for the summer.

Economic/public investment strategies

The lion’s share of legislative attention in Lansing right now surrounds a Democratic proposal to revamp the state’s economic development strategic into a two-pronged approach that could mean billions of dollars for mobility investments by local governments.

The complicated legislative package involves bills from both the Senate (SBs 599/562) and House (HBs 5768-70) that are “tie-barred,” or required to move together.

A major portion of the work of interest to MAC, “Michigan 360,” was suddenly and unexpectedly junked this week, Bosworth said.

What remains is the “Michigan Mobility Trust Fund,” which would be provided with $200 million a year for 10 years, for total of $2 billion. Local governments will be eligible for these funds, as would regional transit authorities and public transportation providers.

Juror compensation

“So, a while back, a jury reform task force met and came up with a set of policy recommendations,” said Gibson. “House Bills 5689-5693 do a wide variety of things to reform the jury process; but most importantly to counties is the bills would increase the hourly rate that you would receive as a juror, and it ties it to minimum wage.

“That in and of itself, not an issue. The issue lies in what’s called the juror compensation fund. That is quickly dwindling. … So, when you have an ever-decreasing pot of money, and an attempt to increase the hourly rate that jurors are receiving, it begs the question: Who is then responsible for making up the difference? …

“(M)y goal is to ensure that that responsibility does not fall onto the county,” Gibson added.

Negotiations continue on the bills, which won’t be taken up until the fall.

View the full episode, recorded on June 11, 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.

Asset council seeks award nominees

The Michigan Transportation Asset Management Council (TAMC) is seeking agencies and individuals to recognize for their efforts in asset management and best practices.

The TAMC has established the Organizational Achievement Award to acknowledge those agencies that have incorporated the principles of asset management and adopted an asset management plan to help guide their investment decisions. In addition, the TAMC Awards Program provides agencies around the state with excellent examples to establish their own programs and practices. All Public Act 51 road agencies are eligible to be nominated for this award.

See criteria here.

The TAMC also wants to recognize individuals providing outstanding support of asset management and the TAMC. Nominees for the Carmine Palombo Individual Achievement Award can include elected officials (state or local), support staff from state agencies, regional and metropolitan planning organizations, county road agencies, local units of government, the education community or other individuals involved in promoting asset management in Michigan.

MAC and its members are represented on the TAMC by Kelly Jones, managing director of the Ingham County Road Department.

Submissions are due on June 21, 2024, to Gloria Strong, TAMC departmental technician, at Strongg@Michigan.gov. Direct questions to 517-402-3599.

Staff picks

Genesee County program successfully tackles student absenteeism with community support (MidMichiganNow.com)
Michigan bottlers still get free water, despite governor’s tough talk (Bridge Michigan)
A Michigan city ended low-level traffic stops. Now the county could follow. (Boltsmag)
San Diego County to open new affordable housing for older adults amid overwhelming demand (San Diego Tribune)

Legislative Update 6-7-24

June 7, 2024Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

MAC extends support to huge economic development package

MAC gave its support this week at the State Capitol to legislation to revamp state economic development spending.

Senate Bills 559, by Sen. Mallory McMorrow (D-Oakland) and 562, by Mary Cavanaugh (D-Wayne) would amend the Michigan Strategic Fund Act and the Michigan Trust Fund Act to alter how the Strategic Outreach and Attraction Reserve (SOAR) Fund works.

The Make it in Michigan Fund would have a new program, “Michigan 360,” which would dedicate funds for local housing, infrastructure, regional transit, job training, business assistance and child care development. The state’s current development programs, which traditionally have focused on winning large corporate investments, have been criticized in recent years because the return on investment was unclear and because they failed to recognize the needs of the communities the companies were going in to.

In a House committee hearing this week, the bill sponsors and advocates stressed the need to attract talent and provide attractive and functional places for this talent the businesses need to thrive. SB 559 allows for investment directly into the communities where businesses would be located. Advocates argue that business attraction requires more than just financial incentive, they need available talent, transit, housing, education and child care to attract such talent.

SB 562 requires that 50 percent of the money deposited into the Make it in Michigan Fund be allocated for “Michigan 360.”

For the $750 million anticipated to be in “Michigan 360,” eligible applicants would include counties, cities and townships, education institutions, nonprofits, local economic development corporations and the land bank fast track authority.

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

MAC leaders to study $2B transport trust fund proposal

A $6 billion economic development package with a focus on public transit was unveiled before a House panel this week.

House Bill 5770, by Rep. Mike McFall (D-Oakland), creates the Michigan Mobility Trust Fund, dedicating $2 billion ($200 million per year for 10 years) toward public transportation and “transformational mobility projects.” The funding comes from a reconfiguration of the governor’s Strategic Outreach and Attraction Reserve, or SOAR fund, with revenue being generated by corporate income tax. The other $4 billion in the package will go toward housing, placemaking, and traditional economic development incentives for attracting businesses.

Local governments and transit authorities will be eligible to receive funding for a variety of projects. The intent is to promote economic development by attracting talent and businesses to areas with robust public transportation networks.

In the past, 100 percent of SOAR funding went directly toward big businesses. This new distribution and the creation of the Mobility Trust Fund will benefit local governments more directly and could shape communities in a more tangible way, advocates argue.

MAC has not taken a position on the package, but it will be reviewed at the next meeting of MAC’s Transportation Policy Committee.

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

Judicial protection legislation concerns county registers of deeds

County departments may need to conceal judge’s personal information under proposed legislation. House Bill 5724, by Rep. Kelly Breen (D-Oakland), would allow a judge to request their personal information, including street address, phone number, and tax id number, be shielded from the public.

This bill would codify federal legislation at the state level. The initial legislation was crafted in response to the 2020 murder of federal Judge Esther Salas’ son at their family home. Judge Salas testified virtually at the House Judiciary Committee on Wednesday. Judges often determine the fate of a person’s life or family, making them targets for disgruntled defendants or attorneys.

Under HB 5724, a judge would need to submit a written request to a public body to prevent disclosure of or remove a public posting or display of certain personal identifying information. Should a public body fail to comply, the judge could commence a civil action to compel compliance. The Michigan Association of Registers of Deeds testified to the technical complications of implementing such legislation. Breen, serving as both bill sponsor and chair of the committee, expressed a willingness to work on amendments so it is more practical for public bodies to adhere to.

MAC has not taken a position on the legislation but will continue to track its movement.

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

Podcast 83: Back from island, Legislature still has budget to finish

With legislative activity largely squelched last week due to the Mackinac Policy Conference on Mackinac Island, lawmakers return to Lansing this week with lots of budget and policy matters still on their plate.

Podcast 83 host Stephan Currie discussed with guests Deena Bosworth, Madeline Fata and Samantha Gibson what the next “20 to 30 days” will look like at the State Capitol in the latest episode of Podcast 83.

Budgets/revenue sharing

“We are waiting for them to finalize each and every one of their budgets,” Bosworth said, including those that affect MAC’s proposal for a Revenue Sharing Trust Fund.

Negotiations continue over the differing approaches taken by the House and Senate, with MAC strongly favoring the Senate approach, which would mean a $52 million boost in the first year for counties, Bosworth explained.

County hiring rules

“At a Senate Local Government Committee meeting tomorrow, they’re going to take up House Bill 5203,” Bosworth said. MAC is backing an amendment to expand the bill’s provisions to allow any county department, not just sheriffs, to rehire retirees without the retiree’s benefits being jeopardized. “We know how hard it is for county government right now to hire. And sometimes you need that expertise in different departments to come back and help teach new generations of employees. So we’re hopeful that that gets moved to the process this week.”

Medicaid coverage for jail inmates

“Something we’ve talked about at length at the policy summit last December and on this podcast is the Medicaid Inmate Exclusion Policy,” said Gibson. “The (Michigan Department of Health and Human Services) is in the process of applying for what’s called the Section 1115 Re-entry Waiver, which would allow county jail inmates, juvenile detention, detainees and then also MDOC inmates to have their uninsured health care costs covered; they would have otherwise been eligible for Medicaid upon incarceration, but you’re no longer eligible, which as we know, is incredibly costly to counties. MDHHS is in the third step of their six-step process towards applying and implementing the waiver approval. … So they’re chugging along, And there’s that $30.5 million proposal in the governor’s and House’s budget plans to cover the uninsured costs of jail inmates.”

Voting regulations

“Something kind of bigger that I do anticipate movement before they break for the summer is Michigan Voting Rights Act package. We’ve had some stakeholder meetings with the Senate policy team, and we received new drafts just this morning (June 3). So I do believe that they’ll leave the Senate Elections Committee before they break, which is good news,” Fata said.

Those bills are meant to codify the federal Voting Rights Act, but the way they were initially written puts a massive burden on our local clerks. And it could potentially expose local governments to some legal challenges and lawsuits. But in stakeholder meetings, I think we’ve made some great progress to mirror the federal act more closely. So, we’ve made some progress, and we have to review those drafts more closely. We’ll keep you posted on some movement.”

Energy siting law

With the pivot of the ballot group Citizens for Local Choice from the 2024 ballot to the 2026 one, counties need to start working on complying with the state law passed in 2023 that encroaches deeply on local control on renewable energy locations:

“For those counties who do handle zoning, if you were holding out hope that this would be successful, unfortunately, come November of this year, that law takes effect,” said Fata. “So, you will need to get your plans in order. Sarah Mills and Madeleine Krol from the University of Michigan have put together an excellent article that will be in our June magazine later this month that details the three paths that a local government may take moving forward. So, stay tuned for that. But you’re going have to get your ducks in a row in the coming months: either adopt an ordinance, don’t adopt an ordinance, it’ll be up to each individual municipality.”

View the full episode, recorded on June 3, 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.

Macomb, Kent, Washtenaw honored in NACo awards

Three Michigan counties earned recognition for five separate programs in the 2024 Achievement Awards announced by the National Association of Counties on June 7.

The program is a non-competitive awards program recognizing innovative county government programs in 18 categories covering a wide spectrum of county responsibilities. Since 1970, the NACo Achievement Awards have recognized outstanding county government programs and services. Through a non-competitive application process, noteworthy programs receive awards in 18 categories that cover a vast range of county responsibilities.

Macomb County garnered three different citations in the field of “Criminal Justice and Public Safety” for efforts around a Hate Crimes Unit, the streamlining of witness fee requests and a text-based access system to aid the victims of crime.
Kent County was honored for its “Getting Ahead of Lead” project to boost delivery of certified lead-reducing water filters to eligible households in the county.
Washtenaw County Treasurer Catherine McClary and Chief Judge Carol Kuhnke were honored for work on a Tax Foreclosure Prevention Specialty Docket that has “created a higher level of access to justice and to legal resources for vulnerable and disenfranchised homeowners.”

To see a full list of honorees, click here.

Check out NACo tool on opioid harm reduction

Five Questions for Counties Considering Harm Reduction as an Opioid Abatement Strategy was released by the National Association of Counties this past spring. The tool provides answers to the following questions and examples of counties associated with each question.

What is harm reduction and what would it mean for our community?
What if our county isn’t involved in the delivery of substance use services?
What if community-based organizations already offer harm reduction services?
What if harm reduction is restricted at the state level?
How can opioid settlement funds support harm reduction?

Based on data from MAC’s recent Annual Opioid Settlement County Reporting Survey, which 64 counties responded to, harm reduction is one of the lowest funded activities with local settlement funds (5%). The National Harm Reduction Coalition identifies harm reduction as, “Harm reduction is a set of practical strategies and ideas aimed at reducing negative consequences associated with drug use” (National Harm Reduction Coalition).

Harm reduction extends well beyond access to naloxone, the overdose reversal medication, and can include peer support, referrals to treatment, wound care, safe use supplies, communicable disease testing, and other services focused on meeting people where they are at. To learn more about how to meaningfully engage with individuals with lived and living experience with substance use, see MAC’s Lived Experience Key Takeaways Document from our previous webinar.

For more information on this issue, contact Amy Dolinky at dolinky@micounties.org.

Sign up now for free cybersecurity training pod

County leaders have free access to an upcoming cybersecurity training unit sponsored by the National Association of Counties:

Simulation Topic: Supplier Management Access
Virtual: June 17-21
Register Here– No Cost

Effective supplier management is integral to the operational efficiency of any organization, yet it poses inherent cybersecurity risks, especially concerning supplier access to sensitive systems and data. This cyber attack simulation focuses on evaluating the vulnerabilities and potential threats associated with supplier access including third-party vendor breaches, unauthorized use of supplier credentials, and supplier-initiated cyber threats. The simulation aims to foster a deeper comprehension of the complexities surrounding supplier access risks and to facilitate the development and testing of robust strategies for mitigating these risks effectively.

Designed with a daily commitment of 45 to 90 minutes for the duration of one week, activities can be accessed anywhere online and can be completed at the convenience of the participant’s schedule. The cyberattack simulation is designed for any cybersecurity manager as well as teams responsible for risk defense, protection, and recovery (including managers in HR, policy, finance, public safety and emergency services).

For questions, email moderator@pdaleadership.com.

Webinar to feature San Francisco’s naloxone access work

“Partnership for Healthy Cities is hosting Overdose Prevention Webinar: Partnering with Community to Enhance Overdose Prevention Strategies” will be held on Monday, June 17 at 1 p.m. Eastern.

Individuals can register here.

The webinar will highlight San Francisco’s approach to increasing access to naloxone, the overdose reversal medication. They will share, “the process and benefits of partnering with community-based organizations and people with lived and living experience.”

For more information on this issue, contact Amy Dolinky at dolinky@micounties.org.