The Michigan Association of Counties (MAC)

Legislative Update 11-10-23

Blog, Blog Dynamic, Events, Legislative, MAC news, MACSC

Legislature adjourns for the year

As predicted, the Michigan legislature has completed its work for 2023 and is expected to adjourn sine die next week Tuesday.  This early adjournment for the year is in part due to the need to have certain previously passed pieces of legislation enacted early, the most pressing of which is the movement of the presidential primary election date. Public Act 2 of 2023 by Sen. Moss (D-Oakland) changes the election date to the fourth week of February. The bill was approved earlier this year but was not granted immediate effect. If a bill does not receive immediate effect, it is not implemented until 90 days after adjournment.  Traditionally, the legislative term ends mid-December.

Moving the presidential primary date was a priority for Governor Whitmer and makes Michigan the fifth state in the nation to hold the election. The Legislature had several late nights over the past few weeks to tie up loose ends before heading back to their districts for the year.

 

Solar siting reform legislation will soon be signed into law

House Bill 5120 by Rep. Aiyash (D-Wayne) passed the Senate on Wednesday along party lines and received a concurrence vote in the House later that day. The bill will take effect 1 year after the governor signs it. The following provisions are included in the final version:

  • The bill applies to all solar facilities greater than 50 megawatts, and wind facilities greater than 100 megawatts.
  • If a local unit wants the responsibility of approving or denying applications, it must adopt a “compatible renewable energy ordinance” (CREO). Locals will have 1 year from effective date to create and adopt a CREO. A CREO cannot be any more restrictive than what is prescribed in the bill.
  • If a local unit does adopt a CREO, a developer must apply to them first and the local unit has 120 days to approve or deny the application. The deadline can be extended up to an additional 120 days if the local unit and applicant agree.
  • If the local fails to act in 120 days or if the application is denied but meets the requirements of the bill, the Public Service Commission (PSC) then reviews the application.
  • If the PSC approves an application, the local CREO can be voided if the PSC feels the local’s initial denial was unreasonable.
  • If the PSC approves the application, the applicant will give the local unit $75,000 to be used as an intervention fund.
  • The applicant will give the local $2,000 per megawatt for public safety or infrastructure improvements, but the applicant must agree to the terms of use.

MAC’s Madeline Fata testified in opposition to the bill on Tuesday in the Senate Energy Committee. Some of Fata’s concerns were resolved in the latest draft but the substance of the bill remained largely unchanged between chambers. While the latest version may appear to preserve local control to a degree, locals will be limited in what they can and cannot consider when deciding on an application.

The governor is expected to sign the bill in the coming weeks, especially since the clean energy package was also approved this week. Senate Bill 271 by Sen. Geiss (D-Wayne) passed along party lines in both chambers to set a renewable energy standard of 50% by 2030, and 100% clean energy by 2040. The siting reform legislation was introduced to supplement the clean energy package, with the goal of making it easier for solar and wind facilities to be built across the state.

 

Juvenile justice reform bills headed to governor

A majority of the 20-bill package to make sweeping reforms to the juvenile justice system, and which is backed by MAC, gained approval in the Michigan House and Senate this week. All but one of the bills, House Bill 4630, were passed and sent to the Governor.

House Bills 4624-43 and Senate Bills 418-423, 424, 425, 426, 427, 428-429, 430-431 and 432-437 are a result of the Michigan Task Force on Juvenile Justice Reform’s recommendations provided last July. House Bills 4625, 4626, 4628-4629, 4633, 4636-4637, 4639-4640 and 4643, alongside Senate Bills 418, 421, 425, 426, 428, 429, 431, 432, 435 and 436 are headed to the Governor’s desk.

The Task Force on Juvenile Justice Reform was established in 2021 and tasked with assessing Michigan’s juvenile justice data and identifying ways to improve the system. Two county commissioners served on the Task Force, each nominated by MAC. Alisha Bell of Wayne represented a county commissioner from a county with a population over 100,000, and Marlene Webster of Shiawassee represented a county commissioner from a county under 100,000 in population. Rep. Sarah Lightner, R-Jackson and a former county commissioner, also served on the panel.

The task force discovered several challenges to strengthening public safety and improving outcomes for youth. This led to the set of 32 recommendations provided to the Legislature last year. The recommendations would improve community safety, reduce disparities and improve youth outcomes.

SB 418, by Sen. Sylvia Santana (D-Wayne), enhances the County Child Care Fund (CCF) by establishing a minimum framework of juvenile justice best practices statewide, including the use of risk screening and assessment tools. The best practices will be supported by an increase in the reimbursement rate for community-based services from 50 percent to 75 percent, including 17-year-olds. These changes are essential to ensuring counties have the resources to implement and utilize these approaches. The reimbursement rate for residential services will be 50 percent, including the 17-year-old population.

SBs 419–423 and HBs 4625-29  require the consistent use of validated screening and assessment tools to enable more objective decision-making and allow agencies to better match youth to appropriate supervision and services, reducing their likelihood to recidivate. The bills also expand the Diversion Act so that all offenses, with an exception for youth committing a specified juvenile violation, are eligible for pre-court diversion, based on the use of a risk-screening tool and other factors, and limit the time that a youth can be placed on pre-court diversion, unless the court determines that a longer period is needed. While diversion eligibility would be expanded, judicial discretion remains.

SB 424 and HB 4630, by Sen. Sue Shink (D-Washtenaw) and Rep. Sarah Lightner (R-Jackson), respectively, would expand the Michigan Indigent Defense Commission to include development, oversight, and compliance with youth defense standards in local county defense systems. MAC has worked to ensure there would be no increase in the local share for MIDC services, that 40 percent of the total grant amount would be received upfront and that partially indigent reimbursements will remain. House Bill 4630 never received a vote in the Senate. It remains to be seen if the legislature will revisit this bill in 2024.

If enacted, this legislation would take effect Oct. 1, 2024.

MAC supports this package.

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

 

State House split evenly between Democrats and Republicans

Two Representatives exited the Michigan House this week, leaving a 54-54 split between Democrats and Republicans. On Tuesday, Reps. Coleman (D-Oakland) and Stone (D-Oakland) won mayoral races in their respective hometowns of Westland and Warren. Both will be seated next week, and the House will have a split majority for the first time in nearly 30 years.

While Rep. Tate (D-Wayne) remains speaker of the House and Democrats will retain control over the chamber, the House will struggle to pass partisan policies until those seats are filled via special election. It is expected that a special election will be held in mid-May. Both parties will need to work together and heavily negotiate to move any legislation in the spring.

 

Counties can create Opioid Fatality Review Teams under House-approved legislation

This week, the House approved Senate Bill 133, by Sen. McCann (D-Kalamazoo). SB 133 would allow a county or group of counties to establish an Opioid Fatality Review Team, by creating the Overdose Fatality Review Act.

If a county chooses, an opioid fatality review team would consist of county officials, individuals from law enforcement, and those from public health agencies. The main goal of a team would be to identify potential causes of drug overdose in their community and recommend law or policy changes for the prevention of those causes and overdoses.

Senate Bill 133 now heads to the governor.

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

 

Medication aide legislation passed by Senate

A package to create medication aide registration and permits, supported by the Michigan County Medical Care Facilities Council (MCMCFC), was approved by the Senate this week.

House Bills 4885 and 4923, by Reps. McKinney (D-Wayne) and Aragona (R-Macomb), respectively, would allow for the training and registration of medication aides, similar to conditions for registration and training for nurse aides, commonly referred to as certified nurse aides, or CNAs.

These bills will address staffing shortages within county medical care facilities, likely increase retention and recruitment for nurses, nurse aides, and medication aides, as well as reduce overall errors by freeing up nurses within facilities. HBs 4885 and 4923 now wait for the governor’s signature.

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

 

Senate approves additional judgeships in Kent and Macomb counties

New judgeships will soon exist in Kent and Macomb counties after the Senate passed House Bills 4823 and 4920, by Rep. Wozniak (R-Macomb) and Rep. Fitzgerald (D-Kent), respectively. HB 4823 would add a probate court judge in Macomb County, while HB 4920 would add a district judge in Kent County.

The Macomb Probate Court now has two probate judges, so HB 4823 would add a third slot. HB 4920 would add a judge to the 63rd District Court in Kent County. However, the Kent seat would still need approval from the Kent County Board of Commissioners, even after any legislation is signed into state law. After approval from the Board of Commissioners, an election would have to be held in 2024 to elect a new judge.

The bills now head to the governor’s desk and await her signature.

MAC supports this legislation.

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

 

Opioid Advisory Commission announces survey and listening sessions

The Opioid Advisory Commission (OAC) is excited to announce the release of the Michigan Opioid Settlement Funds: Community Impact Survey and Community Voices Listening Sessions.

The survey takes roughly ten (10) minutes to complete and covers questions related to lived experience, access to care, and recommendations for the use of state opioid settlement funds. It is entirely voluntary, anonymous, and open to all members of the public. If you’re interested in viewing the survey before taking it, please click here—a public copy of the survey can be found under “What to Expect: View the Survey” on the OAC’s website. Information from the survey may be discussed in public meetings, referenced in reports written by the OAC, and used to help the OAC develop recommendations to the state legislature for funding and policy.

Listen sessions will take place weekly and new monthly flyers will be posted on the Opioid Advisory Commission’s website.

Please contact oac@legislature.mi.gov for more information.

 

Operation Green Light will honor nation’s veterans

America’s counties have a long and proud history of serving our nation’s veterans, a legacy that continues to this day as we work with our federal, state and local partners to ensure that the former service members have access to the resources they need to thrive.

Once again this Veterans Day (Saturday, Nov. 11, 2023), the National Association of Counties (NACo) and the National Association of County Veterans Service Officers (NACVSO) invite the nation’s 3,069 counties, parishes, and boroughs to join Operation Green Light and show support for veterans by lighting our buildings green from Nov. 6-12. By shining a green light, county governments and our residents will let veterans know that they are seen, appreciated and supported. The picture is of Wexford County Courthouse lit up for operation Green Light.

To show support, counties are encouraged to use this template to pass a resolution declaring your county’s participation in Operation Green Light. If you pass a resolution or light your building green, please send a copy of the resolution and any pictures to despins@micounties.org

For a variety of materials to publicize and support your Green Light efforts, visit NACo’s resource hub.

 

Legislative Update 3-24-23

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MAC-backed revenue sharing bills introduced

Two different packages of bills that create a state Revenue Sharing Trust Fund and direct the expenditures of such a fund have been introduced in the Legislature.

Senate Bills 229–230, by Sen. Veronica Klinefelt (D-Macomb), are backed by MAC and carve out a portion of the state’s sales tax for deposit into the fund (10% of all funds collected by 4 percentage points of the sales tax rate).

The bills also:

  • Stipulate the money in the fund does not lapse to the state’s General Fund
  • Allocate an even split of the funds between counties and CVTs (cities, villages and townships)

A dedicated fund helps protect revenue sharing dollars from being raided during the annual appropriations process. The 10 percent collection rate would boost current allocations to counties and reflect the true intention of revenue sharing by requiring a portion of the state’s revenue to be shared with local governments. In this system, if sales tax revenue goes up, revenue sharing would go up, if the sales tax revenue fell, so would the money in the fund. 

Legislation advanced by the Michigan Municipal League (House Bills 4274–75 and SBs 182–183) takes a slightly different approach.

That package would create a base in a Revenue Sharing Trust Fund of the Fiscal Year 2024 recommended revenue sharing amounts and distribute funds on the current allocation method. The fund could accept additional monies but would not require additional deposits into the fund. While this approach would help insulate local governments from further raids on revenue sharing by the Legislature, it does not build in a system for growth. 

The current revenue sharing system is overly complicated and not well understood. For example, many don’t know that counties don’t share in more than $1 billion in constitutional revenue sharing that all CVTs receive per capita. For a quick primer on the revenue sharing program, check out this slide deck prepared by the House Fiscal Agency.  

Parity on the statutory side of revenue sharing, as reflected in Sen. Klinefelt’s bills mentioned above, is appropriate given the fact counties serve 100 percent of the state’s population and have significantly more mandated services to provide to our residents than other local governments.

MAC also is advocating for an increase in the amount in the fund to ensure no local government is faced with reductions in their allocation and to ensure the state supports the work done at the regional and local levels.

A survey recently conducted by MAC found members would use additional revenue sharing dollars to invest in communities in ways long supported by the Legislature, such as infrastructure; unfunded liabilities; customer service improvements; attraction and retention of employees; economic development; and cybersecurity.

Revenue sharing is the most flexible form of state aid to counties, which makes it the most effective method to fund generational investments in public services — with decisions made at the local level. Reform of revenue sharing is one of MAC’s top legislative priorities for 2023.

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

 

Juvenile Justice Reform Task Force testifies before Senate panel

Members of the Michigan Task Force on Juvenile Justice Reform testified before the Senate Committee on Civil Rights, Judiciary and Public Safety this week on the 32 recommendations they provided to the Legislature last July.

Of these recommendations, two tiers of priorities have been identified.

The first tier, consisting of six priorities, will be introduced in an approximately 15-bill package later this spring. This package would include expansions to the County Child Care Fund (CCF), including an increase in reimbursement rates to counties from 50 percent to 75 percent for community-based services; expanding eligibility for diversion; and requiring the use of risk and needs assessments.

(UPDATE: Please see clarification on CCF rate changes in the Aug. 25, 2023, Legislative Update.)

In addition to expanding the CCF, the Michigan Indigent Defense Commission would be expanded to implement youth defense standards in local county defense systems, the State Appellate Defender’s Office would be required to oversee a system of appellate defense for juveniles and court fines and fees for juveniles would be waived.

MAC supports this bill package and will continue working to implement the recommendations of the task force.

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

 

New rules on materials management loom for counties

On March 29, new state legal provisions kick in requiring counties to update their Materials Management Plans (MMP) and increase recycling rates in Michigan.

(NOTE: If you listened to this week’s Podcast 83, be advised that timetables shared there were incorrect; see correct information below.)

A 180-day window for counties to determine whether they planned to file a Notice of Intent (NOI) with the Department of Environment, Great Lakes, and Energy (EGLE) does not officially begin until the director of the EGLE initiates it.

After those 180 days, if a county declines to prepare a new MMP, EGLE will create one for them and the county will then be responsible for implementing the plan. If a county decides to file an NOI and prepare their own MMP, they will have 36 months to plan and receive approval from EGLE. Counties have the option to collaborate with neighboring counties to create regional plans.

Counties that file an NOI will be provided funding from the state to prepare their plans. Each county will be granted a base of $60,000, plus 50 cents per capita, up to $300,000. An additional $10,000 will be given to each county that enters a multi-county plan.

Until the EGLE director initiates the process, counties can consider their waste capacity limits, their willingness to draft their own MMP and whether they would like to partner with other counties.

In the meantime, EGLE will be hosting monthly webinars to walk counties through the process. We encourage each county to have at least one representative participate in these discussions. The meetings are typically held on the third Wednesday of each month; however, April’s meeting has been cancelled.

The next scheduled meeting will be from 1:30 p.m. to 3 p.m. on May 17. To be included in future meeting notices, please email egle-mmp@michigan.gov.

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

 

Wayne County addresses Senate panel on juvenile facility crisis

Wayne County officials were called to testify this week before a Senate Appropriations subcommittee in the wake of news reports of major problems at the county’s juvenile center.

Every county in Michigan is suffering from a bed and/or staffing shortage within the juvenile justice system. Incidents like those in Wayne can and should be avoided with the help of the state Department of Health and Human Services. Without proper funding of our juvenile justice system, staff go underpaid and overworked, then leave. Youths go without the services they need and deserve, and risks to public safety are posed.

Court-involved youth in Michigan are currently staying in short-term detention facilities, such as Wayne’s, for months or, in some cases, even years. The staffing shortage has led to countless empty beds in residential facilities that would otherwise be in use. Northern Michigan and the Upper Peninsula do not have access to a local facility and are forced to send youths to Southern Michigan or out of state. This issue has become a crisis, and the time is now for our state to provide funding to alleviate the burden on this system.

MAC has requested that the state fund staff recruitment, retention, and training to resolve the current staffing shortage crisis, as well as funding for the creation of an additional facility to serve northern counties who do not have access.

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

 

Podcast 83 looks at juvenile justice, solid waste, revenue sharing

Major changes are looming for three significant areas of county responsibility, MAC’s Podcast 83 team said this week.

Host Stephan Currie and the MAC Governmental Affairs Team of Deena Bosworth, Madeline Fata and Samantha Gibson took in-depth looks at the following issues in Lansing:

  • Juvenile justice reform legislation, with Gibson saying a large packet of bills would constitute “a whole juvenile system overhaul”
  • Revenue sharing reform, with Bosworth detailing her recent testimony to multiple legislative panels on MAC’s plan to create a protected fund for revenue sharing payments and create parity between counties and other local governments on such appropriations
  • Materials management, with Fata reporting that the clock is ticking for counties to make a big decision on whether, under state law passed last year, they will write new solid waste plans or let the state Department of Environment, Great Lakes and Energy do so (Correction: Some of the timing mentioned in this week’s podcast on this issue is incorrect; please refer to the written item in this Legislative Update for proper details.)

See the full video, recorded on March 20, 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.

 

Opioid Advisory Commission releases annual report

The Michigan Opioid Advisory Commission released its 2023 Annual Report: A Planning Guide for State Policy Makers on Thursday (March 23). The report provides a comprehensive overview of the background of the opioid epidemic in Michigan and the national landscape in which the opioid settlements are taking place. The report details the state of Michigan’s intended uses of current settlement funds and outlines approved uses of funds as provided in Exhibit E.

The report looks specifically at the Principles for the Use of Funds From the Opioid Litigation and provides a scorecard for Michigan’s adoption of these principles, identifying strategies and gaps. The final section of the report outlines the commission’s findings and recommendations, as well as the Opioid Advisory Commissions strategic plan and planning considerations.

As a reminder, local governments have been given an opportunity to participate in national Opioid Settlements with Teva, Allergan, CVS and Walmart. To participate in these settlements, counties must complete a participation form and return the form by April 18. We encourage all counties to participate in these additional settlements.

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

 

Legislative Update 12-9-22

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Liquor tax funding change means $25 million boost to counties

A two-bill package designed to extend the capture of liquor tax revenue that counties use for substance abuse programs passed during the last days of the legislative session this week and will soon mean a $25 million boost to counties.

Senate Bills 1222-23, by Sen Wayne Schmidt (R-Grand Traverse), amend the State Convention Facilities Authority Act to extend the sunset on the capture of liquor tax revenue for improvements to the convention facility in Detroit and therefore extend the sunset on the collection of liquor tax revenue for counties.

The issues were tied together when the act was created. Under current law, the collection and allocation of the liquor tax revenue expires once the bonds for the convention facility are paid off. Due to recent increases in liquor tax revenue, those bonds are scheduled to be paid off 13 years early, which would eliminate the future collection of revenue and deplete the allocation to counties. This two-bill package does not extend the 2039 deadline for the bonds to be paid off, but it does allow the facility authority to issue additional bonds for improvements.  

MAC has been working with representatives from the authority to address our need to have counties’ annual allocation reflective of the collection of the liquor tax revenue. Current law states counties receive an increase in their allocation based on a percentage above the previous year’s allocation, not on a percentage of the total tax collected. The excess tax collected is instead allocated to the reduction of the bond debt of the authority. (Again, due to the increase in liquor tax revenue, those bonds are scheduled to be paid off early.)

By allowing the authority to issue additional debt for improvements, the bills do something significant for counties. Beginning in 2023, the baseline allocation in liquor tax dollars for counties will increase by approximately 48 percent — or $25 million. (See county-by-county estimates.) The annual increase will remain the same as current law of 1 percent additional each year, but the baseline will be reset every three years to reflect the increase in revenue from the liquor tax.

Also, current law states 50 percent of the liquor tax revenue received by counties must be allocated to substance abuse programs. SBs 1222-23 will change that requirement to 40 percent (though no less than the amount allocated in FY22). In short, this will be a significant increase in funds toward substance abuse programs and an increase in the amount counties can allocate to their general funds. 

The bills are now headed to the governor for her expected signature.

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

 

MAC, others fend off final bid for mental health privatization

Legislation to privatize control of local mental health services, opposed by MAC and others, was defeated last week after it came up in a surprise vote in the Senate.

Senate Bills 597 and 598, by Sens. Mike Shirkey (R-Jackson) and John Bizon (R-Calhoun), were rejected by votes of 15-17 and 15-19, respectively.

These bills would have shifted financial administration of Medicaid mental health services to private Medicaid health plans, taking away public accountability and local governance and replacing it with for-profit private insurance companies.

A potential deal to incorporate the language from SBs 597 and 598 into a House bill was avoided as well, as the House did not vote on any mental health privatization bills this week.

MAC opposes any attempt to shift toward privatization of our local public mental health system, and we thank our members that contacted their legislators to share their opposition to these bills.

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

 

Final ’22 episode of Podcast 83 reviews highly successful legislative session

MAC’s Podcast 83 closed out its 2022 schedule on Dec. 9 with an episode reviewing a brief but still wacky lame duck legislative session and a lengthy list of county successes in the legislative sphere over the past two years.

During the two days of voting in legislative chambers this week, MAC closed a highly successful Legislature with a flourish with a modification to the state convention act that will mean an additional $25 million in liquor tax revenues for counties.

MAC also succeeded in fending off damaging legislation, such as a bid to privatize local mental health services and unwise changes to the state’s Freedom of Information Act.

Director of Governmental Affairs Deena Bosworth and her team of Madeline Fata and Samantha Gibson also detailed to Podcast host Stephan Currie a number of highlights from the 2021-22 work:

  • Four-year commissioner terms, which begin with the 2024 election cycle
  • Reauthorization for trial court fee authority, avoiding a $50 million gap in court funding
  • Reform of Secondary Road Patrol funding that ensures year-to-year stability
  • A 6 percent increase in county revenue sharing for fiscal year 2023

This episode and previous ones in 2022 can be seen at MAC’s YouTube Channel.

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

In closing the year, MAC wishes to thank Comcast for its support of Podcast 83 in 2022.

 

Bid stalls to reform veteran property tax reimbursements

Changes to local reimbursements for property taxes exempted for disabled veterans appear dead for 2022. In a last-minute decision, the House took up Senate Bills 783 and 1084, by Sen. Jon Bumstead (R-Muskegon), during their last voting session day of lame duck session and passed them with bipartisan support. The bills would have expanded the disabled property tax exemption to those that were 50 percent disabled and capped the amount of their exemption at $2,500.

Unfortunately, the bills were amended in the House and the Senate adjourned before concurring in those changes. And because the Senate did not concur, the bills will not likely get presented to the governor unless, by some very rare chance, the Senate resumes voting before the last day of 2022.

MAC will continue to advocate for the enactment of the reforms in the new legislative session in 2023.

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

 

Tweak to County Veteran Service Fund rules advances

A bill to change the distribution structure of the County Veteran Service Fund gained broad approval from the Legislature this week and is headed to the governor.

The County Veteran Service Fund, established by the Legislature in 2018, was created to encourage counties to establish and maintain County Veteran Service Offices. The fund ensures counties are eligible for a $50,000 grant annually, plus additional funding based on the number of veterans living within the county.

By unanimous vote this week, the Senate approved House Bill 6377, by Rep. Roger Hauck (R-Isabella), which says counties must maintain a minimum county veteran service funding level of 70 percent of the funding level from FY 2017 in order to receive the $50,000 grant from the County Veteran Service Fund. The 70 percent funding level requirement was previously only for FYs 2021 and 2022. HB 6377 extends the requirement to FY 2023 and beyond.

Gov. Gretchen Whitmer is expected to sign the bill, which was backed by MAC.

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

 

Larger reimbursement for PPT exemptions dies

Despite commitments from House and Senate leaders last December, local governments will not have a reimbursement mechanism in place to replace the Personal Property Tax (PPT) revenue loss stemming from the small taxpayer exemptions in the economic development supplemental budget enacted a year ago.

MAC spent months working with the Senate, the administration and the business sector on a method for reimbursing counties for PPT losses arising from the dollar threshold expansion of the small business exemption. Legislation to enact this, Senate Bills 1060-62, passed the Senate unanimously in June, but staunch Republican opposition in the House ran out the clock in Lansing this week.

The approximate $75 million price tag of this exemption was pre-funded as part of the economic development deal last year. But this process still needed the implementing legislation prior to distribution. This $75 million was to be spread across all local units of government and is not reflective of the total loss for counties.

MAC will resume efforts for reimbursement language in early 2023 in order to make counties whole in FY 2023. With strong Democratic support, and the support of the governor, we are hopeful we can get this enacted quickly.

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

 

Legislature makes surprise move to update solid waste law

A package of bills that will place new reporting and coordination burdens on counties was approved by the Legislature on the last day of the lame duck session. The legislation modifies Part 115 of the Natural Resources and Environmental Protection Act, which deals with solid waste management.

House Bills 4454-61 amend the language describing the purpose of Part 115 to include recycling and reusing materials. Substitutes were introduced by Sen. Aric Nesbitt (R-Van Buren) to include provisions for chemical recycling.

MAC has been engaged with stakeholders and bill sponsors since the package was introduced back in March 2021. While MAC supports updating Part 115 — which has not been updated in many years and does little to promote recycling efforts in Michigan — we have remained neutral on this package because of the added burdens for counties.

Each county will be required to create a Materials Management Plan (MMP) and receive approval from the state Department of Environment, Great Lakes, and Energy, as well as township officials. HB 4461 creates a fund to help counties develop their MMPs, but the Legislature will need to approve an appropriation each year to fill the fund. This funding mechanism is, in MAC’s view, both unreliable and undesirable.

This legislation was presumed dead after it passed the House in and was referred to the Senate Committee on Regulatory Reform in April 2021, but, as they say, expect the unexpected during a lame duck session. It received bipartisan support in both the House and Senate on Wednesday and will now be presented to the governor for signature.

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

 

Allegan and Kalamazoo to get more circuit court judges

A bill to add circuit court judgeships in Allegan and Kalamazoo counties passed in the House this week, its final step before a signature by the governor.

Senate Bill 1047, by Sen. Sean McCann (D-Kalamazoo), would allow the 9th Judicial Circuit, which consists of Kalamazoo County, to add one additional judge, effective Jan. 1, 2025, increasing the number of judgeships from four to five. It specifies that the term of office for the judgeship would be eight years. The bill also allows the 48th Judicial Circuit, covering Allegan County, to have one additional judgeship beginning Jan. 1, 2025, increasing the number of judgeships from one to two.

Gov. Gretchen Whitmer is expected to sign SB 1047, which was backed by MAC.

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

 

Legislature approves changes to patient visitation during epidemics

A bill to alter how emergency orders can limit visits to patients in health care facilities gained final legislative approval this week.

On Wednesday, the House approved Senate Bill 450, by Sen. Jim Stamas (R-Midland). The bill was previously voted out of the Senate in May.

Under SB 450, which awaits Gov. Gretchen Whitmer’s signature, an emergency order issued under the Public Health Code could prohibit or limit visitation of a patient in certain health care facilities for up to 30 days, as of June 1, 2023. After 30 days, even if the emergency order were to be extended, the order could not restrict visits to a patient or resident.

SB 450 also allows an emergency order to require prescreening or testing of persons allowed to visit a qualified health facility. The Michigan County Medical Care Facilities Council, which represents the county-owned facilities in Michigan, supported the legislation.

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

 

Legislative Update 12-2-22

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Big increase for counties from liquor tax advances from Senate

A two-bill package designed to extend the capture of liquor tax revenue that counties use for substance abuse programs passed the Senate this week. Senate Bills 1222-23, by Sen. Wayne Schmidt (R-Grand Traverse), would amend the State Convention Facilities Authority Act to extend the sunset on the capture of liquor tax revenue for improvements to the convention facility in Detroit and therefore extend the sunset on the collection of liquor tax revenue for counties.

The issues were tied together when the act was created. Under current law, the collection and allocation of the liquor tax revenue expires once the bonds for the convention facility are paid off. Due to recent increases in liquor tax revenue, those bonds are scheduled to be paid off 13 years early, which would eliminate the future collection of revenue and deplete the allocation to counties. This two-bill package does not extend the 2039 deadline for the bonds to be paid off, but it does allow the facility authority to issue additional bonds for improvements.  

MAC has been working with representatives from the authority to address our need to have counties’ annual allocation reflective of the collection of the liquor tax revenue. Current law states counties receive an increase in their allocation based on a percentage above the previous year’s allocation, not on a percentage of the total tax collected. The excess tax collected is instead allocated to the reduction of the bond debt of the authority. (Again, due to the increase in liquor tax revenue, those bonds are scheduled to be paid off early.)

By allowing the authority to issue additional debt for improvements, the bills do something significant for counties. Beginning in 2023, the baseline allocation in liquor tax dollars for counties will increase by approximately 48 percent. The annual increase will remain the same as current law of 1 percent additional each year, but the baseline will be reset every three years to reflect the increase in revenue from the liquor tax.

Also, current law states 50 percent of the liquor tax revenue received by counties must be allocated to substance abuse programs. SBs 1222-23 will change that requirement to 40 percent (though no less than the amount allocated in FY22). In short, this will be a significant increase in funds toward substance abuse programs and an increase in the amount counties can allocate to their general funds. 

The bills received bipartisan support in the Senate and now move to the House for consideration next week.

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

 

Mental health privatization fails in Senate, but threat still looms

Legislation to privatize control of local mental health services, opposed by MAC, was defeated Tuesday in a surprise vote in the Senate.

Senate Bills 597 and 598, by Sens. Mike Shirkey (R-Jackson) and John Bizon (R-Calhoun), were rejected by votes of 15-17 and 15-19, respectively.

These bills would have shifted financial administration of Medicaid mental health services to private Medicaid health plans, taking away public accountability and local governance and replacing it with for-profit private insurance companies.

However, there is still potential for a deal that would insert the language from SBs 597-598 into an already introduced House bill, keeping the possibility of mental health privatization at play in the current lame duck session.

MAC opposes any attempt to shift toward privatization of our local public mental health system, and we urge members to contact their legislators to share their opposition as well.

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

 

Expect toolkits and more in 2023 on opioid settlement resources

As anticipation for opioid settlement dollars increases, there are numerous resources that counties can expect to see to support the decision-making processes associated with spending. Early in 2023, counties can expect to see documents released from three different groups to assist.

The first to expect will be the “Michigan Opioid Settlement Funds Toolkit: A Guide for Local Spending,” released by MAC in collaboration with Vital Strategies. This toolkit will provide an overview of the settlements, data on the scope of the overdose crisis and information on accessing local data, plus principles, strategies and recommended steps for spending.

The Center for Health and Research Transformation, based in Ann Arbor, will release resources for local governments related to the potential areas for spending with additional information provided regarding the evidence to support specific strategies. This work will provide more details to aid in spending plan development.

The Opioid Advisory Commission is also expected to release a report outlining recommendations for which strategies to fund. While these documents are expected in early 2023, there are numerous other resources that exist, and additional reports and resources will become available in the future.

To view current resources, visit MAC’s Opioid Settlement Resource Center.

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

 

Election winners crowd into New Commissioner School sessions

Executive Director Stephan Currie addresses NCS audience in Frankenmuth on Nov. 28.

More than 130 newly elected commissioners, returning commissioners and administrators gathered in Saginaw and Barry counties this week for the first two of four in-person New Commissioner School settings.

MAC Executive Director Stephan Currie welcomed attendees to both locations, explaining how MAC would be their partner on their “journey” into county public service. Currie also led a group discussion at each site, inviting veteran commissioners in attendance, such as Michael Webster of Saginaw County, to share personal experiences from their initial weeks and months on county boards. MAC Board directors, such as Vaughn Begick of Bay County and Second Vice President Jim Storey of Allegan County, also provided perspectives for the commissioners-elect.

Deena Bosworth, director of governmental affairs, briefed attendees on MAC’s advocacy work and on the sea change coming to the State Capitol via the Democratic victories in the November 2022 General Election.

On-site sessions of the New Commissioner School, a 50-year partnership of MAC and MSU Extension, continue in December in Marquette County (Dec. 5) and Roscommon County (Dec. 12).

Vaughn Begick of Bay County speaks with attendees at the NCS site in Frankenmuth.

Deena Bosworth discusses MAC policy development at Barry County site on Nov. 29.

 

Trio of county officials graduates from NACo Leadership Academy

MAC would like to acknowledge and congratulate the August 2022 NACo Leadership Academy graduates from Michigan. They join more than 5,000 graduates and current participants from across the country benefitting from the 12-week online program enabling existing and emerging county leaders to achieve their highest potential:

  • Darcy Weaver, human resources director, Leelanau County
  • Jenifer Boyer, emergency management coordinator, Midland County
  • Michael Andrews, policy and fiscal analysis supervisor, Oakland County

The January 2023 cohort for the Leadership Academy is just around the corner. Prioritize leadership development for your team today and deliver results for your team and County. Scholarships are available. 

CLICK HERE TO LEARN MORE AND ENROLL

 

Legislative Update 1-7-22

Blog, Blog Dynamic, Events, Legislative, MAC news, MACSC, Marketing

U.S. Treasury issues final rule for State & Local Fiscal Recovery Funds Program

On Thursday, the U.S. Department of the Treasury issued the Final Rule for the State and Local Fiscal Recovery Funds (SLFRF) program, enacted as a part of the American Rescue Plan, which delivers $350 billion to state, local, and Tribal governments to support their response to and recovery from the COVID-19 pandemic.

Click here to view the final rule text. Click here to view a user-friendly overview of the major provisions of the final rule.

Treasury hosting webinars to review the rule and field questions from local officials. Click on the date to register:

There are capacity limits for these sessions, but Treasury will record them and post for later viewing.

To date, Treasury has distributed more than $245 billion to state, local, and Tribal governments as a part of the SLFRF program. Recipients of funds were encouraged to begin using funds under the interim final rule, which was released in May 2021. A recent analysis by the Center on Budget and Policy Priorities found that state governments have appropriated nearly 70 percent of their available funds as of November 2021.

The final rule, which takes effect on April 1, 2022, provides state and local governments with increased flexibility to pursue a wider range of uses, as well as greater simplicity so governments can focus on responding to the crisis in their communities and maximizing the impact of their funds.
 
The final rule provides additional clarity and flexibility for recipient governments, including:

  • First, Treasury has expanded the non-exhaustive list of uses that recipients can use to respond to COVID-19 and its economic impacts — ensuring states and localities can adapt quickly and nimbly to changing public health and economic needs. This includes clarifying that recipients can use funds for certain capital expenditures to respond to public health and economic impacts and making services like childcare, early education, addressing learning loss, and affordable housing development available to all communities impacted by the pandemic.
  • Second, Treasury has expanded support for public sector hiring and capacity, which is critical for the economic recovery and in maintaining vital public services for communities.
  • Third, Treasury has streamlined options to provide premium pay for essential workers, who bear the greatest health risks because of their service in critical sectors.
  • Fourth, Treasury has broadened eligible water, sewer, and broadband infrastructure projects — understanding the unique challenges facing each state and locality in delivering clean water and high-speed broadband to their communities.
  • In addition to these expansions, Treasury has greatly simplified the program for small localities — many of whom have received a historic federal investment in their communities through this program – including through the option to elect a standard allowance for revenue loss rather than calculating revenue loss through the full formula.

For more information, visit Treasury’s SLRF page.

 

Vaccine mandates loom as Supreme Court hears arguments

The U.S. Supreme Court was holding oral arguments today on both: (1) the federal government’s emergency applications to stay the Missouri and Louisiana District Court injunctions judicially enjoining the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate in 25 states, and (2) the challengers’ emergency applications to re-impose the stay of the OSHA Emergency Temporary Standard vaccine/testing mandate that had been dissolved by the 6th U.S. Circuit Court of Appeals on Dec. 17, 2021.

In the meantime, CMS intends to enforce the CMS Mandate in the 25 states, where the CMS mandate is not presently enjoined, but with modified compliance dates.  Facilities in those states, including Michigan, must now:

  • (1) comply with Phase 1 of the CMS mandate, i.e., staff at all health care facilities included within the regulation must have received, at a minimum, the first dose of a primary series or a single dose COVID-19 vaccine prior to staff providing any care, treatment or other services for the facility or its patients, by Jan. 27, 2022; and
  • (2) comply with Phase 2 of the CMS mandate, i.e., staff at all health care provider and supplier types included in the regulation must complete the primary vaccination series or have obtained an exemption, by Feb. 28, 2022.

Employers may take a wait and see approach but are also encouraged to act in good faith to prepare a roster of vaccinated employees.

The firm of Cohl, Stoker & Toskey, P.C. (CST) also noted to MAC that MIOSHA has not acted on the OSHA requirement yet (they could be waiting for the outcome of this litigation) but that could happen and there will be an implementation window (e.g. 7-14 days).

Link to model policies: https://www.osha.gov/coronavirus/ets2.  CST suggest counties look at “Implementation; Policy Templates” and then “Vaccination or Testing and Face Covering Sample” since it is most is line with what the firm expects MIOSHA to do.

MAC will update members as the litigation dictates.

 

Deadline to register for opioid settlement payments moved to Jan. 26

The deadline for eligible local governments to voluntarily participate in two historic opioid settlements has been extended to Jan. 26, Michigan Attorney General Dana Nessel’s office announced this week.

The state of Michigan formally signed on to the proposed multibillion-dollar national settlements in August, which is with Johnson & Johnson and the three largest pharmaceutical distributors in the country: Cardinal Health, McKesson, and AmerisourceBergen. Michigan is positioned to receive nearly $800 million over 18 years. 

Based on the settlement terms, there are 277 local units of government eligible to participate in Michigan. Each of Michigan’s counties are part of that 277 total.

To confirm your county’s registration status, visit this state page. The document reflects two status columns because there are two settlements. The estimate noted for each subdivision reflects the total anticipated amount if the subdivision elects to participate in both settlements. 

The document also notes the direct payments each subdivision is estimated to receive if the voluntary participation process is completed. 

Eligible governments can email AG-OpioidLitigation@michigan.gov for help with the process. 

 

Reminder: Rules for open meetings changed on Jan. 1

Public meetings in Michigan governed by the state’s Open Meetings Act (OMA) are now under more restrictive rules on remote participation, as of Jan. 1, 2022. This means that commissioners cannot participate in a county board session as a voting member via electronic means, with only one narrow exception.

MAC continues to work in Lansing to get pre-pandemic OMA rules back in place which would allow remote voting if a quorum is physically present.

As detailed in a memo from the law firm of Cohl, Stoker & Toskey, P.C., the permissive rules for remote participation granted under Public Act 254 of 2020 expire at the end of 2021. At that point, the only way a commissioner can participate remotely as a voting member is if the member must be physically absent due to military duty.

Boards, of course, can continue to livestream their public sessions. And commissioners who cannot be physically present can utilize remote means to listen to the meeting, but they cannot participate or vote as part of the board.

The memo reminds county boards to ensure their board rules, procedures and by-laws are modified to be consistent with the Open Meetings Act.

 

Jan. 19 webinar reviews Michigan’s new redistricting process

A University of Michigan webinar on Jan. 19, “Michigan redistricting: A model for the nation? Evaluating the state’s new maps and process,” will review the state’s new process for drawing congressional and legislative districts, as mandated by Michigan voters via a constitutional amendment passed in 2018.

The webinar is conveniently timed for busy citizens, as it runs from 7 p.m. to 8:30 p.m. on Jan. 19.

“Michigan has brand new electoral maps designed through an innovative new process, and the state’s politics will never be the same,” wrote the webinar host, the Center for Local, State and Urban Policy (CLOSUP). “This webinar will analyze and evaluate Michigan’s new redistricting approach and new maps. The discussion will offer a national perspective, comparing Michigan’s new approach of an Independent Citizens Redistricting Commission with approaches in other states. Will Michigan’s new model inspire reform in other states?”

 

Final chance to speak on health IT needs is Jan. 26

The last listening session in a two-year process on health informational technology needs will be held on Jan. 26 from 1 p.m. to 2:30 p.m.

The Michigan Department of Health and Human Services (MDHHS) has led a listening tour that has engaged with more than 500 stakeholders and 300 organizations for the Health IT Commission’s five-year strategic plan. This health IT strategic planning document, called the Bridge to Better Health report, compiles findings from stakeholder engagement, cross-sector recommendations and commission strategy into one comprehensive report. Over the next five years, the report will guide public, private and collaborative strategy and investments in health IT, MDHHS said. 

Please visit the Health IT Commission webpage for more information on the event and how to access it.

 

MACPAC raises almost $10,000 in 2021 from nearly 90 donors

The Michigan Association of Counties Political Action Committee, MACPAC, collected $9,839 from 86 donors in 2021, according to unofficial results tallied in late December.

Since 2008, MACPAC’s annual fundraising has ranged from $8,171 (2015) to $18,725 (2020).

MACPAC is the best way for you to protect your county’s best interest in the state Legislature. MACPAC supports legislators who have a record of protecting local control, supporting full payment for mandated services and reducing the burden the state has placed on counties.

Other details from 2021 include:

  • Total number of donors: 86
  • Total number of counties with a donor: 50
  • County with the most dollars donated: Newaygo ($1,025)
  • County with the most donors: Ottawa (5)
  • County with highest percentage of board members donating:  Marquette – 50%
  • Single largest donor: Commissioner Jack Shattuck of Ionia
  • Please note that these figures may not reflect donations sent at the end of 2021 that may not have reached or been processed by MAC prior to Jan. 1, 2022.

MAC thanks all county leaders who contributed to MACPAC.

 

NACo webinar takes look at behavioral health crisis on Jan. 11

A new webinar from the National Association of Counties (NACo), “Before and After a Behavioral Health Crisis: Building a Continuum of Care,” will run from 2 p.m. to 3 p.m. on Jan. 11. For details and to register, click here.

“Counties across the country are building multidisciplinary teams and using key data elements to prevent and better address mental health and substance use disorder crises outside of the criminal legal system,” NACo wrote. “Building an effective care continuum targets the root causes of a behavioral health crisis by investing in comprehensive and accessible prevention, treatment, and real-time intervention. With almost one in four adults in the United States living with a mental health condition, substance use disorder or both, county leaders recognize the urgency to find innovative approaches to balance community behavioral health needs and law enforcement response in a time of crisis. This discussion will provide key resources on the importance of a continuum of care and feature lessons learned from counties working to reduce barriers to behavioral health for its residents.”

 

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