Registration opens for 2020 New Commissioner Schools

To aid newly elected commissioners, and promote continuing education among veteran ones, MAC again is partnering with MSU Extension (MSUE) for the biennial New Commissioner Schools.

Registration is now open for this year’s series, which will be the first all-digital series in the event’s history.

“The value of these sessions for commissioners, new or not, is tremendous,” said Stephan Currie, MAC executive director. “We work closely with MSUE on content to ensure its direct application to the challenges and opportunities that commissioners encounter every day.”

With the digital format, sessions will open Nov. 12 and not conclude until mid-December, allowing attendees a great deal of flexibility on dates and times. In addition, registrants will have 24/7 access to previously released sessions – what MSUE calls “self-paced, asynchronous learning.”

MAC’s Currie will offer taped remarks to registrants, and MAC is sponsoring the segment on the Open Meetings Act, a particularly salient issue right now, led by Matt Nordfjord of the firm of Cohl, Stoker and Toskey.

Full details on the schedule of sessions can be found here.

Registration for the event, which carries a $95 fee, starts here.

Also, commissioners and commissioners-elect earn credits in MAC’s County Commissioner Academy for their participation in the New Commissioner Schools.

CCA operates on a two-year sequence, starting after an election. Participants earn continuing education “hours” by attending designated events and workshops. “Certification” is offered at two different levels: “Certified” is reached at 10 hours over a two-year cycle, while “Advanced” is reached with 20 hours over a four-year period. “Hours” will not be limited to MAC events. Commissioners can earn via attendance at MSUE-sponsored events or even sessions hosted by the Treasury Department or elsewhere.

A New Commissioner School equates to 5 credit hours, for example.

“We strongly encourage all members to consider these sessions,” Currie said, “and we look forward to seeing everyone online.”

 

Changes to Open Meetings Act allow for expanded remote sessions

Changes to the Open Meetings Act to allow county boards, under any circumstance, to continue to conduct virtual sessions through the end of the year are the governor’s signature away from being law, a signature that is expected late Friday afternoon

Senate Bill 1108 also allows for retroactive authorization for virtual sessions dating back to March 18, 2020, to ensure the validity of board actions taken during the pandemic. This blanket authorization expires on Jan. 1, 2021, but the bill will still allow for virtual participation in meetings in such circumstances as a commissioner’s medical condition and when the county or the state is operating in a state of emergency.

Legislation cleared the Senate and House earlier this week by bipartisan majorities. (MAC thanks members who participated in our advocacy campaign to the House this week for this result. Your voices make a difference in Lansing.) The bill was part of a huge wave of legislation passed this week that was sent to Gov. Gretchen Whitmer for her signature Friday.

The legislation allows county boards to meet electronically, in whole or in part, as follows:

March 18, 2020-Jan. 1, 2021, for “any circumstance, including but not limited to,” military leave, state or local emergency declaration, or for a medical condition”

Jan. 1, 2021-Dec. 31, 2021, for “only those circumstances requiring accommodation of members absent due to military duty, a medical condition, or a statewide or local state of emergency”

After Dec 31, 2021, only for reason of military duty

If a member of the public body is participating remotely due to military duty or a medical condition, the accommodation only applies to that individual and the other members must by physically present at the meeting.

Each member of the public body that is meeting remotely must announce the county, city, township or village and state from which the member is attending remotely, and it must be included in the meeting minutes.

Quick passage of this legislation was a top priority for MAC in the wake of the litigation against the 1945 law that the governor had used for her Executive Orders during the pandemic.

For more information on OMA options, view the latest episode of MAC’s Podcast 83, sponsored by DTE, which featured Matt Nordfjord of the firm of Cohl, Stoker and Toskey answering questions on the law. 

 

Legislature adopts COVID care immunity, policy bills

During a Tuesday session that stretched into Wednesday morning, the Legislature revised laws to codify various orders that Gov. Gretchen Whitmer had made during the pandemic, but which had been nullified when the Michigan Supreme Court said the 1945 law underpinning the orders was unconstitutional. Among actions taken was on immunity for nursing facilities, as well as implementation of the COVID-19 nursing home task force recommendations.

House Bill 6159, by Rep. Roger Hauck (R-Isabella), would provide immunity protections for medical care facilities during COVID-19 response efforts from March 29 through July 14, 2020. The final text of this bill can be found here. The bill now heads to the governor for review. 

Senate Bill 1094, by Sen. Peter Lucido (R-Macomb), was also passed by both chambers. It adds many requirements for the state Department of Health and Human Services (MDHHS), including adoption of policy as recommended by the nursing home COVID-19 Task Force and to identify labs that will process COVID tests from nursing homes by Nov. 15.

MDHHS must create a process for the creation of care and recovery centers (CRCs) within nursing homes for those residents who test positive for COVID “who have not met the criteria for the discontinuation of transmission-based precautions from the federal Centers for Disease Control and Prevention.”

A home wishing to operate a CRC would apply to DHHS and must adhere to several requirements. An individual cannot be admitted to a nursing home if they are positive for COVID-19, receiving treatment at a hospital and have fewer than 72 hours in the isolation period. Starting Nov. 15, the individual cannot be admitted to a nursing home if the person tests positive for COVID-19 unless they have since recovered, the nursing home is a CRC or the nursing home can meet the requirements under (1)(e). A nursing facility can continue to admit and care for a COVID-positive resident, through Dec. 31, 2020, under certain exemptions. 

The full text of the bill, which is now before the governor, can be found here.

Lastly, House Bill 6137, by Rep. Leslie Love (D-Wayne) was passed by the House regarding reporting requirement for MDHHS and nursing home data. The full list requirements can be found in the bill here. 

For more information on this issue, contact Meghann Keit at keit@micounties.org.

 

Jail Task Force-inspired bills advance in Senate

Legislation that will reduce burdens on county jails and improve the efficiency and effectiveness of the state’s criminal justice system were voted out of the Senate Judiciary and Public Safety Committee this week. MAC supports these reforms.

House Bills 5844 and 5854-57 remove mandatory minimum jail sentences for certain offenses. Removal of such sentences would mean a court could impose any term of imprisonment, up to the statutory maximum specified for an offense. For certain driving while intoxicated offenses, the legislation prohibits a judge from waiving the minimum, unless the offender successfully completes a specialty court program, such as a drug treatment or sobriety court.

Additionally, bills removing driver’s licenses sanctions for non-related driving offenses were also passed by the House. HBs 5846-5852 would eliminate various license suspensions unrelated to dangerous driving, such as failure to appear for court or failing to pay child support.

The Senate committee also voted out SB 1152, by Sen. Erika Geiss (D-Wayne), that requires jails to provide certain accommodations to an incarcerated woman who is pregnant. The bill requires jails to provide pregnancy tests, a holding place for breastmilk, and access to an OB-GYN, nurse midwife, or doula services.

At this time, MAC opposes the Geiss bill due to unknown costs related to some of the previously mentioned services and liability connected to the requirements. See the full fiscal analysis for further cost impact to counties. 

MAC’s opposition testimony can be found here.

For questions, contact Meghann Keit at keit@micounties.org.

 

State again seeks input on five-year Health IT Roadmap for Michigan 

The Michigan Health Information Technology Commission has begun developing a Statewide Five-Year Health IT Roadmap. This Roadmap will be a guide for future planning, investments and governance of health information technology (HIT) and health information exchange (HIE) for the state of Michigan.

The next step is to gather input from stakeholders across the health and human services ecosystems in Michigan on current and future HIT and HIE needs, capabilities and gaps. Please ensure your input is included by participating in the survey and sharing your organization’s insights relevant to health information technology and health information exchange.

The appropriate individual(s) in your organization should complete this survey by Nov. 17, 2020. This survey should take no longer than about 20 minutes.

As the COVID-19 pandemic has highlighted, critical HIT and HIE services to support real-time, clinical interventions, care coordination, referrals to social support services, and research is imperative to supporting the health and well-being of the communities we serve. Your candid perspective in response to the survey questions will be very valuable and appreciated.

More information on the Statewide Five-Year Health IT Roadmap and other opportunities to engage in the process can be found here.

 

To aid newly elected commissioners, and promote continuing education among veteran ones, MAC again is partnering with MSU Extension (MSUE) for the biennial New Commissioner Schools.

Registration ends Monday, Nov. 15 for this year’s series, which will be the first all-digital series in the event’s history.

“The value of these sessions for commissioners, new or not, is tremendous,” said Stephan Currie, MAC executive director. “We work closely with MSUE on content to ensure its direct application to the challenges and opportunities that commissioners encounter every day.”

With the digital format, sessions will open Nov. 12 and not conclude until mid-December, allowing attendees a great deal of flexibility on dates and times. In addition, registrants will have 24/7 access to previously released sessions – what MSUE calls “self-paced, asynchronous learning.”

MAC’s Currie will offer taped remarks to registrants, and MAC is sponsoring the segment on the Open Meetings Act, a particularly salient issue right now, led by Matt Nordfjord of the firm of Cohl, Stoker and Toskey.

Full details on the schedule of sessions can be found here

Registration for the event, which carries a $95 fee, starts here.

Also, commissioners and commissioners-elect earn credits in MAC’s County Commissioner Academy (CCA) for their participation in the New Commissioner Schools.

CCA operates on a two-year sequence, starting after an election. Participants earn continuing education “hours” by attending designated events and workshops. “Certification” is offered at two different levels: “Certified” is reached at 10 hours over a two-year cycle, while “Advanced” is reached with 20 hours over a four-year period. “Hours” will not be limited to MAC events. Commissioners can earn credits via attendance at MSUE-sponsored events or even sessions hosted by the Treasury Department or elsewhere.

A New Commissioner School equates to 5 credit hours, for example.

“We strongly encourage all members to consider these sessions,” Currie said, “and we look forward to seeing everyone online.”

MAC’s Podcast 83 team will host a special live edition on Wednesday at 3:30 p.m. They will discuss all of the details on how county boards can meet properly and safely now with special guest Matt Nordfjord of the firm of Cohl, Stoker and Toskey in Lansing.

With the governor’s Executive Orders, including the authorization for remote meetings not ordinarily allowed by the Open Meetings Act, deemed invalid in a Michigan Supreme Court opinion, county leaders are justifiably confused and concerned about what they can and can’t do on meetings.

This podcast will work to answer your questions. Nordfjord is an expert in Michigan’s Open Meetings Act and regularly provides briefings on its provisions at MAC conferences and events.

Click here to register for Podcast 83 Special Live Edition on Oct. 14 at 3:30 p.m.

After registering, you will receive a confirmation email containing information about joining the webinar.

MAC-backed OMA bill clears Senate; quick House vote expected

A bill to change the Open Meetings Act (OMA) to allow remote attendance at local board meetings under certain circumstances was approved 36-2 by the Michigan Senate Thursday and now heads to the House for quick consideration.

Senate Bill 1108, by Sen. Lana Theis (R-Livingston), however, gained many changes during the Senate floor debate that did not exist in the bill approved by the Senate Local Government Committee. 

The version now before the House will allow members of public bodies to meet remotely due to medical leave (current law), a medical condition or a state or local emergency, through Dec. 31, 2021. 

MAC heard from numerous members concerned about board actions taken since April 30, when the governor’s authority to extend the State of Emergency unilaterally and implement further Executive Orders was deemed unconstitutional by a majority of the Michigan Supreme Count. (Reminder: MAC legal counsel advises that the EOs are still in place as the federal court has yet to rule in the challenge against them.)

To address this issue, the bill would apply retroactively to April 30, 2020, and provide that the remote meeting could take place under any circumstance. Since the governor’s state of emergency declaration has been called into question, and not all counties have declared a local emergency, this would ensure board actions since April 30 that took place over an electronic platform are covered by law.

In an unexpected turn of events, an additional amendment was added so remote capabilities revert to current law (remote participation only for a military absence) on Jan. 1, 2021. This caused much confusion, as it conflicted with allowing meetings through limited circumstances through December 2021. MAC staff has verified this was an error in drafting and the bill should revert to current law on Jan. 1, 2022, as consideration continues.

Despite this confusion, MAC is still supportive of the latest version, so long as the House addresses the date error.

MAC encourages members to speak to their representatives this weekend and remind them of the importance of this legislation. The House is expected to come back to session on Tuesday, Oct. 12 to act. Please remind them, as a county commissioner, interfacing directly with the public is preferable, but under the current COVID-19 situation, we need this bill to allow county officials to decide what is best for their community and provide safe measures for all residents, while continuing to govern and address county needs.

For more information on this issue, contact Meghann Keit at keit@micounties.org.

 

OMA changes advance out of Senate committee

Revisions to the state’s Open Meetings Act advanced this week in the Legislature, as the Senate Committee on Local Government approved Senate Bill 1108, by Sen. Lana Theis (R-Livingston). The bill, which MAC supports, would allow a public body to meet electronically under certain circumstances, with protections to ensure notice and public participation.

Under current law, a public body can accommodate, by allowing remote participation, the absence of a member of the body due to military duty. SB 1108 would extend this provision to accommodate a member due to a medical condition or due to a state or local emergency declaration. The bill requires an electronic meeting to have notice posted at least 18 hours before the meeting begins and must explain why the public body is holding the meeting electronically and how the public may participate.

The bill awaits action by the full Senate. A House bill that would make the similar changes, House Bill 6207 by Rep. Luke Meerman (R-Ottawa), has yet to receive a hearing.

For questions, contact Meghann Keit at keit@micounties.org.

 

Broadband grants bill headed to governor

A bill to create a new broadband grant program flew through the Senate this week, despite opposition from MAC, other local government groups and education groups.  

House Bill 4288, by Michele Hoitenga (R-Wexford), would require the Department of Technology, Management and Budget to award grants for projects that extend broadband service into unserved areas. It also, however, prohibits the DTMB from awarding money to a governmental entity or educational institution, to own, purchase, construct or operate a communications network, which is why MAC opposes the legislation.

The state’s FY21 budget includes $14 million for the grant program; however, the bill will prohibit local governments and educational institutions from accessing the funds.

HB 4288 now goes to the governor for her signature.

For questions, contact Meghann Keit at Keit@micounties.org.

 

Governor proposes $500 million for water infrastructure around Michigan

Gov. Gretchen Whitmer announced this week a $500 million proposal to invest in water infrastructure across Michigan. Thanks to a recent federal amendment by Sen. Corey Booker (D-N.J.), states have a one-time window to transfer federal funds for clean water into their drinking water revolving fund for investment into the assessment and replacement of drinking water lines.  Of the $500 million proposed by the governor, $207 million, which does not require legislative approval, will be allocated for:   

  • Lead Service Line Replacement in Disadvantaged Communities Program – $102 million 
  • Lead and Copper – Drinking Water Asset Management Grants – $37.5 million 
  • PFAS and Emerging Contaminants – Contamination and Consolidation Grants – $25 million 
  • Non-Lead Drinking Water Infrastructure Grants – $35 million 
  • Affordability and Planning Grants – $7.5 million 

These funds will be in addition to the $14 million appropriated by the Legislature in the FY21 budget for additional lead service line replacements. 

On the other side of the clean water equation, the governor proposes utilizing the remaining $293 million in available Great Lakes Water Quality bond authority. All proposed expenditures under this category will require legislative approval.  The proposal calls for a series of expenditures for:

  • Clean Water Infrastructure Grants (eliminating sanitary sewer overflows; correcting combined sewer overflows; increasing green infrastructure) – $235 million   
  • Substantial Public Health Risk Grants (removing direct and continuous discharges of raw sewage from surface or ground water) – $20 million 
  • Failing Septic System Elimination Program – $35 million 
  • Stormwater, Asset Management, and Wastewater Grants – $3 million 

Although this proposal is nowhere near enough to fully address the clean water and drinking water issues in Michigan, it is nonetheless a start to solving the problems. During a brief call this week, the governor and the director of the Department of Environment, Great Lakes and Energy gave a brief overview of the sources of revenue and the proposed expenditures. More details on how to apply for the grants will be forthcoming on another webinar slated for Oct. 14, 2020. MAC will send out information on how to participate on the webinar once details are provided.

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

 

Tax foreclosure legislation gets Senate committee’s nod

Bills to adopt a new process for handling property tax foreclosures in the wake of the Rafaeli v Oakland County decision were passed out of the Senate Finance Committee this week.

Senate Bill 1137, by Sen. Jim Runestad (R-Oakland), and SB 676, by Sen. Peter Lucido (R-Macomb), would create a process by which a previous property owner would be eligible to claim excess proceeds once a property that was foreclosed upon for non-payment of taxes and subsequently sold to either a local unit of government or auctioned off to the highest bidder. Proceeds from these sales are subject to reimbursement first to the foreclosing governmental unit for deposit into the delinquent tax revolving fund, and for reimbursement of costs associated with the foreclosure process. Claims by a former owner would have to be evaluated by a circuit court before proceeds would be disbursed to them.

There are no provisions in this legislation, however, to provide financial relief to the foreclosing governmental entity should a property sell for less than the amount of the taxes and expenses. MAC is seeking an amendment to the bills to require an annual report that would calculate the total chargebacks to local units under such shortfall scenarios, as well as the additional unredeemed expenses on counties. This will be a critical piece of information so we may determine, in the future, the financial harm to local governments. In addition, MAC is pursuing a bill to give counties the opportunity to surrender their status as the foreclosing governmental unit to the state. Right now, seven counties in Michigan have the state handle these foreclosures.

More action is anticipated on this issue during the lame duck session of the Legislature in November and December.

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

 

Changes to utility Personal Property Tax reviewed by Senate panel

Bills to eliminate the Personal Property Tax (PPT) on solar energy facilities and energy storage systems were reviewed this week by the Senate Finance Committee, chaired by Sen. Jim Runestad (R-Oakland).

Senate Bill 1105, by Sen. Curt VanderWall (R-Mason), and SB 1106, by Sen. Kevin Daley (R-Tuscola), would exempt these renewable energy facilities from PPT and replace the tax with a payment in life of taxes (PILT) model at the rate of $3,500 per megawatt.

Testimony from solar industry officials reflected their desire for a standardized tax liability on this equipment; to eliminate the court challenges to assessed value; for a steady financial liability as opposed to an annual assessment and depreciation schedule; and for a more attractive environment for investment.

MAC, however, testified in opposition to the legislation for several reasons, while acknowledging some potential benefits to such a scheme for counties. On the plus side, this type of proposal, if financially beneficial and fair, would provide a predictable and steady revenue stream to local governments since there would no longer be a depreciation schedule and declining revenue over the life of the project. In addition, there would be significantly fewer court battles with the developers.

But MAC opposes the legislation right now because the proposed PILT payment may or may not be an appropriate level of payment, compared to the current system of assessment and taxation in any given community. In recent weeks, MAC has participated in many conversations regarding the proposal and is pleased to report the State Tax Commission (STC) has convened an ad hoc committee to come up with a consistent methodology to assess this equipment. That recommendation should be completed before the end of 2020. MAC is awaiting these recommendations before determining if the proposed $3,500 per megawatt rate is an equitable exchange.

The bills were not voted out of committee this week and won’t be addressed again until the lame duck session begins in November.

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

 

Designated assessor deadline is Dec. 31

Public Act 660 of 2018 requires each county in the state to have a Designated Assessor of Record on file with the State Tax Commission by Dec. 31, 2020. House Bill 6049, by Rep. James Lower (R-Ionia), would establish quality assessing requirements and a process by which to address those assessing districts that failed to achieve substantial compliance with those requirements.

The Michigan Department of Treasury has issued guidance on the process for identifying a designated assessor, a checklist for the interlocal agreement and the forms necessary for approval. For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

Behavioral health transformation put on ‘pause’

The state Department of Health and Human Services announced this week it was putting its behavioral health transformation efforts on pause, given the challenges and response around COVID-19.  

Starting in late 2019, the DHHS began the process to develop a new strategy for Michigan’s behavioral health systems. Earlier this year, Department Director Robert Gordon and Deputy Director George Mellos presented on the department’s behavioral health system transformation project that would include new specialty integrated Medicaid plans. The department wants SIPs to manage physical and behavioral health for those with significant needs and allow the community mental health providers to provide safety net services.

Forums around the state were held and concerns were raised by public mental health providers and county leaders related to the state’s proposal. MAC members are strongly supportive of the county structure remaining central to ensure public oversight and response is in the best interest of persons served through the mental health system.

While the current transformation project has been put on hold, MAC will continue to stay engaged and stand ready to partner with the state and industry stakeholders to ensure the systems supports are in the best interest of all residents.

 

$80 million in opioid grants announced by state

The state will issue $80 million in federal State Opioid Response (SOR) funds to “support prevention, treatment and harm reduction services,” the Governor’s Office and the state’s Opioid Task Force announced this week. The funding includes $36.4 million from the new State Opioid Response II (SOR II) grant and $43.1 million from an extension of the current State Opioid Response I (SOR I) grant.

MAC is a member of the Michigan Opioids Task Force Stakeholder Advisory Group, which is tasked with identifying barriers and improve coordinated services for individual with opioid use disorder. The group has identified needs such as expansion of medication assisted treatment, access to transportation and housing services, and improving diversion efforts so individuals with OUD are not in county jails.

A summary of how the new SOR II grant supports the state’s opioids strategic plan is available here

A summary of current projects supported by SOR I funding is available here

A number of county jails have participated in programs in coordination with the Wayne State University Center for Behavioral Health and Justice. For more information, contact Meghann Keit at keit@micounties.org.

Organizations interested in participating in these programs – including treatment providers, hospitals, community organizations, law enforcement agencies and others – are encouraged to reach out to regional representatives. Inquiries about statewide strategy can be directed to MDHHS-OpioidsTaskForce@michigan.gov.

For more information on the state’s opioids crisis response, visit https://www.michigan.gov/Opioids.

 

Register for Treasury’s Chart Chat webinar on Oct. 15

The Michigan Department of Treasury is pleased to announce its next Chart Chat webinar on Thursday, Oct. 15 at 2 p.m. This Chart Chat will cover changes to the Uniform Chart of Accounts, implementation dates for the Chart of Accounts, information about yearly qualifying statement submissions, and how to monitor fiscal health using cash ratio.

To register for this event, please visit https://chartchat.eventbrite.com.

Treasury is accepting questions for the Q&A portion of the webinar. To submit a question, please email LAFD_Audits@Michigan.gov by Friday, Oct.9.

 

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