Four-year terms headline MAC’s legislative priorities for year
A state law authorizing four-year terms for county commissioners tops the legislative priorities list issued by the Michigan Association of Counties this week.
“We made it further than we ever have in Lansing on 4-year terms in the 100th Legislature,” said Deena Bosworth, director of governmental affairs, “so we enter the 101st Legislature with optimism that we will succeed now.”
Michigan is among just five states with two-year terms on all commissioners. As MAC Board Member Jim Storey of Allegan County testified before the last Legislature, “As the scope of services has expanded and deepened, the tasks expected of commissioners have also grown. When Boards of Supervisors were the norm, the primary task was adopting an annual budget and ensuring tax collection. … In short, the administrative-legislative function exercised by county government, as the Citizens Research Council observed, is far more complex and detailed than when Michigan’s founders set up our current system of local government.”
Other goals for the year are:
- Enacting Reforms to Improve the Functioning of Local Courts
- Bolstering Michigan’s System of Financing Local Government
- Ensuring the State Covers Costs for Property Tax Exemptions
- Adopting Measures to Reverse Damage Inflicted by “Dark Stores”
- Addressing Roads, Underground Infrastructure and Threats to Michigan’s Waters and Shorelines
- Bolstering Michigan’s Human Services Programs
Once bills are “dropped” with the Legislature for work in these areas, MAC will be issuing a list of Action Items and digital advocacy campaigns for members to use in contacting their lawmakers.
State releases ‘dine safely’ guide in advance of Feb. 1 restart for indoor dining
The Michigan Department of Health and Human Services (MDHHS) released its next epidemic order which will go into effect on Monday, Feb. 1 and will last three weeks, until Sunday, Feb. 21, which includes provisions for indoor dining.
In addition to dining indoors with certain restrictions, the order allows for concessions at casinos, movie theaters and stadiums; personal services requiring mask removal; and non-residential gatherings of up to 10 people from two households.
See links below for additional details and resources:
- January 22 – Gatherings and Face Mask Order
- Gathering Guidelines infographic
- Dine Safely Guide
- Stay Safe & Healthy in the Pandemic Guide
- Indoor Dining Guidelines Infographic
As always, visit MAC’s COVID-19 Resources Page for the latest news.
MAC policy committees staffed with members from 44 counties
MAC’s six policy committees will have members from at least 44 of Michigan’s 83 counties after MAC Board President Veronica Klinefelt of Macomb County approved appointments for 2021 this week.
“The level of participation in the committees this year is inspiring,” said Deena Bosworth, MAC’s director of governmental affairs. “We have a diverse group of commissioners representing all regions of our state. This level of engagement is essential for us to effectively represent county interests in Lansing.”
All committees will meet virtually for the first half of 2021, while MAC considers whether to make virtual sessions permanent.
Committee sessions start at the end of January with our Judiciary Committee. All others will begin in February. Visit MAC’s digital events calendar for dates and times.
Committee meetings are designed to brief members on key issues, discuss pending legislation and, of course, prep changes to the association’s policy platforms for review by the MAC Board in June and by membership at the Annual Conference. Committees generally meet between February and May and September and October.
For more information on committee work, contact Deena Bosworth at firstname.lastname@example.org.
Legislature unveils new committee assignments
Legislative committees were announced this week by the 101st Legislature.
The House is currently divided between 58 Republicans and 52 Democrats. Members serving on the House Appropriations Committee, led by Rep. Thomas Albert (R-Kent), include seven former county commissioners, included a former MAC Board president, Rep. Ken Borton (R-Otsego).
Chairing the committee on Local Government and Municipal Finance is Ionia’s Rep. Julie Calley (R-Ionia). Calley is a former Ionia County commissioner. Rep. Robert Bezotte (R-Livingston) will serve as vice chair of the committee in his first year elected to the House, with Rep. Jim Ellison (D-Oakland) as minority vice chair.
Rep. Graham Filler (R-Clinton) will maintain his post on the Judiciary Committee. Rep. David LaGrand (D-Kent) will stay as the minority vice chair.
Rep. Jim Lilly (R-Oakland) will lead Rules and Competitiveness as chair, with Rep. Sarah Anthony (D-Ingham) as minority vice chair.
Other notable policy committee chairs include:
- Health Policy – Rep. Bronna Kahle (R-Lenawee)
- Elections and Ethics – Rep. Ann Bollin (R-Livingston)
- Natural Resources and Outdoor Recreation – Rep. Gary Howell (R-Lapeer)
- Tax Policy – Rep. Matt Hall (R-Calhoun)
- Transportation -Rep. Jack O’Malley (R-Benzie)
The full committee list can be found here.
Serving as lead to the General Government subcommittee, charged with budgeting revenue sharing each year, is Rep. Greg VanWoerkom (R-Muskegon). The new appropriations subcommittee list can be found here.
Senate announced earlier this year some policy committee changes, including Sen. Roger Victory (R-Ottawa) as chair of the Judiciary Committee, replacing Peter Lucido, who left for the post as Macomb County prosecutor. Senate appropriations subcommittees are expected to be announced next week.
The Senate is split 20-16 in favor of Republicans, with two vacancies to be filled later this year.
The legislative chambers are finishing their organizational work in advance of Gov. Gretchen Whitmer’s State of the State address on Jan. 27 and her fiscal 2022 budget proposal in early February.
Whitmer plan would spend $5.6 billion
At a press conference held Tuesday afternoon, Gov. Gretchen Whitmer unveiled a COVID Recovery Plan that outlines $5.6 billion in overall spending, including a request to use about $274 million from the state’s General Fund, which the Legislature would have to approve.
The spending boost would come from three buckets:
- $274 million from the General Fund, bolstered by stronger than expected revenues in recent months
- $309 million from the state School Aid Fund,
- $5 billion in federal funds coming from COVID-19 relief packages
During the Q&A portion of the event, the governor said it would take two years to each vaccination goals based on the present pace, though she is confident the incoming Biden administration will accelerate the delivery of more vaccines.
NACo resets Legislative Conference to virtual events in March
Registration is now open for the 2021 National Association of Counties (NACo) Legislative Conference. The event will take place virtually over several days throughout March, with bonus content throughout April. Check out the schedule overview and visit NACo.org/Leg for the latest updates and speaker additions.
- March 8-12: Policy Steering Committee Week
- March 17-19: Governance Meetings
- March 24-26: Workshops & Seminars
- March 31-April 1: CIO Forum
Michigan gets $363 million in federal aid for broadband work
Michigan will get almost $363 million in federal funding over the next 10 years to expand broadband access to 249,263 sites statewide, officials of the Michigan Economic Development Corp. announced.
The funding is being awarded through the Federal Communications Commission (FCC) Rural Digital Opportunity Fund Phase 1 auction.
Counties and municipalities continue to be excluded from participating in the granting process to help solve the longstanding rural broadband accessibility. However, the full list of company awards can be found here.
Additionally, the interactive broadband map from Connected Nation Michigan is excellent tool if you want to see what parts of the state receive internet service and the type of service provided.
Webinars aimed at jail, public safety practices
County leaders are invited to participate in two upcoming webinars on jail and public safety practices in Michigan, offered by Wayne State University’s Center for Behavioral Health and Justice.
Mitigating COVID-19 in Jail Settings Community of Practice Webinar – Jail Policies and Procedures for COVID-19 and Beyond
Thursday, Jan. 28, 2021, 1 p.m. to 2 p.m.
COVID-19 Mitigation Strategies in Jail Settings Community of Practice webinar is the second of a monthly series that aims to contribute to the mitigation of COVID-19 in jail and other incarceration settings. The January event will provide an overview of jail facilities, especially for public health professionals to learn more about general and COVID-19 specific jail facility processes and policies and will feature facilitated discussions with stakeholders from across the country while highlighting COVID-19 mitigation strategies in jail settings with key personnel. To learn more about the COVID-19 Mitigation Strategies in Jail Settings, visit the toolkit.
Thursday, Feb. 11, 2021, 1 p.m. to 2:30 p.m.
In 2020, the National Juvenile Defender Center issued the report “Overdue for Justice: An Assessment of Access to and Quality of Juvenile Defense Counsel in Michigan.” Join us as we discuss the report findings, the landscape of juvenile defense in our state, system reform priorities, and next steps toward improving access to justice for Michigan’s children.
This event is hosted by the State Appellate Defender Office (SADO) and is proudly co-sponsored by the Center for Behavioral Health and Justice.
- The Supreme Court decision that saved the states billions (Governing magazine)
- 10 animal Twitter accounts that will improve your life (outsideonline.com)
- Michigan among 16 states showing population decline in census estimates (Route Fifty)
- Majorities say they don’t have enough information about when, where to get COVID-19 vaccine (Kaiser Family Foundation)
State leaders ‘pleased’ with vaccine progress
During a hastily arranged video briefing for county leaders and others on Thursday, senior staffers of the Whitmer administration insisted that the distribution of COVID-19 vaccines is accelerating.
Chief Medical Executive Dr. Joneigh Khaldun said she was “pleased” with the progress made to date. Data shared this week showed fewer than 900,000 doses of vaccine had been given to residents or were scheduled for delivery. The state’s goal is to vaccinated 5.6 million people, or 70 percent of the state’s population that is age 16 or older.
Among other points made during the briefing, which did not allow time for Q&A:
- The limiting factor right now is the supply of vaccines to Michigan
- Supply issues have forced the state to scale back its original plan to delivery 60,000 doses per day
- The state is following federal guidance on vaccine protocols and schedules
- The phases for which groups gain access when (see newest chart above) always were expected to overlap each other, meaning that some members of a later vaccine group could be getting vaccinated even if not everyone in an earlier group had finished their vaccinations
- Providers are asked to get 90 percent of their available doses in arms within seven days
- For most employers, vaccine access will be “more complicated” than it is with initial groups such as nursing home residents and health workers; the state is working with local health departments, pharmacies and others to speed the process
- Those vaccinated still need to mask, distance, etc. until a large share of the state’s population is covered
For the latest information on the state’s vaccine plans, visit this website.
Biden relief plan includes $350 billion in aid to states and locals
A proposed COVID-19 relief package from President-elect Joe Biden includes $350 billion in critical aid to state, local and territorial governments, the National Association of Counties reported Thursday.
Additional details are expected soon on the next potential round of COVID-19 federal relief is called the American Rescue Plan, a two-part strategy focusing on rescue and recovery.
“We thank President-elect Biden for introducing a plan that recognizes the vital, frontline role of America’s counties in mitigating and ending the COVID-19 pandemic. For our county leaders, our focus remains on ensuring the public health, personal safety and economic wellbeing of our residents,” said NACo Executive Director Matthew Chase.
America’s 3,069 county governments support more than 1,900 local public health departments, nearly 1,000 hospitals and critical access clinics, more than 800 long-term care facilities and 750 behavioral health centers.
Additionally, county governments are responsible for emergency operations centers and 911 services, court and jail management, public safety and emergency response, protective services for children, seniors and veterans, and the “last of the first responders” with coroners and medical examiners, among many other essential public services.
NACo’s coronavirus online hub includes county level examples of response efforts, interactive maps and analyses of federal actions.
Legislature opens for 101st session
The 101st Legislature kicked off session on Wednesday with the swearing in of members, adoption of chamber rules and introduction of bills.
The House rules have new limited remote capabilities for members. Under HR 1, members of a committee may participate, but not vote on any bill, resolution or motion before the committee. The chair and clerk of the committee must be physically present.
New committees were also created, but committee chairs and members have not been announced. The chamber will continue a modified 2-committee process, as the new Rules and Competitiveness Committee will be similar to last term’s Ways and Means Committee, but not all bills will have to go through it to reach the floor.
The first bill introduced this session, House Bill 4001, by House Speaker Pro Tem Pamela Hornberger (R-Macomb), would prohibit a legislator’s ability to vote on a bill when a conflict of interest exists.
The Senate also opened its 2021-22 session with a second attempt to cap emergency orders issued by the Department of Health and Human Services at 28 days and requiring legislative approval for an extension. Senate Bill 1, sponsored by Sen. Lana Theis (R-Livingston) was referred to the Government Operations Committee, chaired by Senate Majority Leader Mike Shirkey (R-Jackson).
Other notable bills, either newly introduced or reintroduced due to incompletion last term, that counties should follow include:
- SB 10 (Theis): Allows veteran services boards to hold closed sessions when interviewing veterans’ applications for benefits
- SB 11 (Theis): Mandates the CPL licenses must be processed during a declared emergency
- SBs 14-15 (Zorn): Allow a prosecutor to bring charges in the drug-overdose death of a resident in the county, even if the illegal drugs were purchased in another county
Revenue Conference sees stable General Fund; low inflation
Michigan’s Revenue Estimating Conference met Friday as part of the state’s annual budget process and adopted a consensus report for the fiscal years of 2021-2023 that will be marked by a relatively stable General Fund and low inflation for the general economy.
While significant job gains are expected in the three-year period, they will not be equal to the number of jobs lost in 2020 due to the pandemic.
The General Fund — key because it is the source of county revenue sharing payments each year — will be total between $10 billion and $11 billion each year for the three-year period. the $10 billion mark, as it has been for several years.
Strong performance in home sales in recent months should result in property tax value “pop ups” under Proposal A in locations that can do Headlee rollbacks.
The 10th webinar in a series co-sponsored by MAC, the Michigan Treasury and other local government groups will be held on Tuesday, Jan. 19 from 2 p.m. to 3 p.m.
Topics will include an overview of the Michigan Consensus Revenue Estimating Conference and information regarding the requirements for single audits.
Participants can register and submit questions on the webinar’s registration page.
Additionally, the Michigan Department of Treasury has developed a webpage with numbered letters, memorandums, webinars and resources regarding COVID-19 updates for local governments and school districts. This webpage was created to ensure that Michigan communities have access to the most up-to-date guidance and is updated frequently with information and resources as they become available. A recorded copy of this webinar and the PowerPoint will be made available within 24 hours after the webinar is completed on this webpage.
Treasury sets next ‘Chart Chat’ for Jan. 28
The Michigan Department of Treasury is pleased to announce our next “Chart Chat” webinar at 2 p.m. on Thursday, Jan. 28.
The Chart Chat Webinar Series provides updates to local government officials on accounting-related topics, updates from the Michigan Department of Treasury and information on sound fiscal management. Participation is valuable for any local government employee, including clerks, treasurers, elected officials, finance directors, city, township, or village managers, auditors and accounting staff, among others.
This Chart Chat webinar will cover:
- Changes to the Uniform Chart of Accounts
- F-65 Annual Local Unit Fiscal Report uses and problems
- How to monitor fiscal health using general fund balance indicators
- What local governments need to know about single audits
To register, please visit https://chartchat.eventbrite.com.
To submit questions for the Q&A section, email LAFD_Audits@Michigan.gov by Friday, Jan. 22.
Sweeney joins MAC’s Governmental Affairs Team
Hannah Sweeney, an Ubly native with legislative staff experience and a public policy degree from Michigan State University, will join MAC in January as governmental affairs assistant.
“Hannah will be a great addition to Governmental Affairs Team,” said Deena Bosworth, director of governmental affairs. “She has a background in education public policy and is looking forward to translating that into tackling the issues our counties face in a daily basis.”
“I am excited to join MAC and advocate for all 83 counties in Michigan,” Sweeney said. “I wanted to work with the organization to bridge the gap between the state and local governments to ensure every community receives the resources that are needed.”
Sweeney has a bachelor’s degree in political science from Saginaw Valley State University and a master’s in public policy from Michigan State University. She also served as a policy fellow at the Institute of Public Policy and Social Research at Michigan State University and has worked in two legislative offices. She can be reached at email@example.com.
MAC offices will close for MLK Holiday
Please note that MAC’s offices and operations will be closed on Monday, Jan. 18 to observe the Martin Luther King, Jr. holiday.
MAC will resume normal operations on Tuesday, Jan. 19 at 8 a.m. Of course, if you have an emergency need, you may contact the relevant MAC staffer by cell.
County Government Guide still available at a discount
Copies of the Fifth Edition of the Guide to Michigan County Government are still available at discounted pricing, MSU Extension announced this week.
The guide is the definitive published source for background and materials on county government in Michigan and is on every desk at MAC’s Lansing headquarters.
The discounts are:
- Code MIGOV for 25% off on single copies
- Automatic 30% off for orders of 4 copies or more
The discounts continue through May 31.
To order, go to https://shop.msu.edu/product_p/bulletin-e3209.htm
DNR sets recreation grants workshop for Jan. 21
The Michigan Department of Natural Resources is hosting a virtual recreation grants workshop on Jan. 21 to assist you in applying for funding through the Natural Resources Trust Fund, Land and Water Conservation Fund and Recreation Passport Grant Programs. The workshop covers the process and requirements to apply for grants supporting the acquisition or development of a public outdoor recreation facility.
There is no cost to participate, but registration is required. You can register to attend the workshop on the DNR’s Website or by clicking here. A recording of the workshop will also be made available following the event on the DNR’s recreation grants workshop page.
- Michigan’s slow economic momentum is not wholly reflected in measures of fiscal stress (Citizens Research Council of Michigan)
- MapLab: Bearing witness to Native land (Bloomberg News)
- State capitols across the nation face security gaps (Governing)
- The State of Online Harassment (Pew Research)
State expands vaccination eligibility; fewer than 500,000 vaccinated so far
State leaders announced this week an expansion of the vaccination effort against the COVID-19 pandemic.
The state has moved to phase 1B of distribution, which includes individuals 65+, teachers, local frontline workers and jail staff. The state has given county health departments the approval to start scheduling phase 1B vaccinations beginning Monday, Jan 11. Due to limited vaccine availability and cold chain storage restrictions, not all health departments are able to begin vaccinating phase 1B eligible individuals on Monday. Information on the process and to determine if your local health department is scheduling individuals eligible for phase 1B vaccination can be found here.
To date, 80 percent of deaths due to COVID have occurred among those age 65 and older. Michigan has administered more than 150,000 doses of the 700,000 vaccines shipped.
Many health departments are reporting uncertainty on when more vaccines will become available and growing concerns to identify and schedule those who may not have the tools to navigate an online appointment system. The governor has seen criticism on the numbers as reports show Michigan 11th in the nation when it comes to total vaccines administered, yet a joint letter from a coalition of governors was sent to federal officials this week requesting a release of more vaccines as the roll out grows to more eligible recipients.
County commissioners should ensure they have the most up-to-date information from their local health directors to share with constituents.
For more information on this issue, contact Meghann Keit at firstname.lastname@example.org.
Whitmer signs stack of bills spurred by county-state jail task force
A huge legislative package of reforms suggested by a joint county-state task force on jail policies was signed into law recently by Gov. Gretchen Whitmer.
The laws are the product of months of input from around the state and legislative work from the Joint Task Force on Jail and Pretrial Incarceration.
MAC largely supported all these measures but was neutral on SBs 1046 and 1048.
While MAC applauds the progress made in 2020, we support further legislative efforts to act on recommendations pertaining to behavioral health in our jails. State support for mental health diversion, screening tools and increased financial resources is greatly needed to serve this jail population.
For more information on this issue, contact Meghann Keit at email@example.com.
Whitmer lets automation tax break bills expire
A push by the retail giant Meijer for a sales, use and Personal Property Tax (PPT) exemption for large retailers who are installing and utilizing automation equipment to assist with their distribution systems failed this week after the clock ran out for Gov. Gretchen Whitmer to sign it, thereby creating a “pocket vote.”
Senate Bills 1149-1150 and 1153 sought to exempt property, advocates said, that is industrial in nature and the same types of exemptions enjoyed by those same types of companies located in the state’s renaissance zones. They also claimed the automation equipment does not reduce jobs because these employees are redeployed into other areas of their company or they retire. MAC disagreed with those claims, opposed the bills and urged the governor to reject the legislation.
For more information on this issue, contact Deena Bosworth at firstname.lastname@example.org.
Solar equipment tax bill rejected by governor
Legislation to exempt solar equipment from ad valorem property taxes and replace the levy with a payment in lieu of taxes (PILT) system was vetoed by Gov. Gretchen Whitmer. Although a PILT system, as opposed to a valuation and depreciation model, has its merits, MAC opposed the bills and urged the governor to reject the legislation. MAC expects the policy discussion will resume later in 2021.
For more information on this issue, contact Deena Bosworth at email@example.com.
Legislative chambers release session calendars for 2021
The Michigan House of Representatives and Senate have released their session schedules for 2021.
The National Conference of State Legislatures rates Michigan’s as one of four “green” bodies among the 50 states, meaning they are “full-time, well-paid” and with a “large staff.” The other “green” legislatures are in California, New York and Pennsylvania.
Michigan also is one of just 11 states that have no limits on the number of session days.
FAA sponsoring drone session on Jan. 14
County officials are invited to attend a kickoff meeting led by the Federal Aviation Administration (FAA) on new rules governing the use of drones.
The FAA’s Unmanned Aircraft Systems (UAS) Office of Safety and Integration is launching a UAS local government networking group with the first session on Jan. 14, 2021, from 3 p.m. to 4:30 p.m. EST, with a 30-minute virtual social to follow. There is no cost to attend this virtual event.
If you are interested, contact Diana Robinson of the FAA at firstname.lastname@example.org.
Ottawa’s Vanderberg earns national honor
Ottawa County Administrator Al Vanderberg was recently named a recipient of the 2020 Engaging Local Government Leaders Traeger Award, which recognizes the 100 top local government influencers in the nation.
In the nomination statement for him, Vanderberg was described “a top influencer. Not only does he work tirelessly for what’s best for Ottawa County, but places a high premium on training staff and helping emerging leaders fulfill their utmost potential. He also serves as a role model and a leader for his colleagues across the country. He’s not afraid to try innovative things while consistently keeping top of mind the goal of ensuring the county is serving its citizens.”
The awards are given by Engaging Local Government Leaders (ELGL, an “accidental professional association” that began in Portland, Ore., in 2012 with a 16-member dinner group. Focused on all levels of local government (from analysts to mayors; librarians to planners; and everyone in between), ELGL’s mission is to engage the brightest minds in local government by providing timely and relevant content through podcasts, blogs, webinars, social media and conference gathering, with the objective of fostering authentic and meaningful connections that are grounded in practices of equity and inclusion.
Counties can apply for federal rental assistance funds
The U.S. Treasury just released information for the new $25 billion emergency rental assistance program authorized under the year-end COVID-19 relief and omnibus spending package, the National Association of Counties reported this week. Under the legislation, counties with populations above 200,000 residents are eligible to receive direct payments from the U.S. Treasury. Other counties may receive an allocation from their state, similar to the original CRF program under the CARES Act.
This is Treasury’s new rental assistance webpage that provides information directly from the U.S. Treasury on the new program. This link will take eligible recipients to the submission process for receiving funds. The deadline to submit is Jan. 12, 2021.
Video of workplace safety seminar available to counties
A recording of a Dec. 17, 2020, webinar on workplace safety co-sponsored by MAC and its CoPro+ procurement subsidiary is now available to all county members.
CoPro+ and SPACE have been awarded a contract that can be accessed by MAC members for the purchase of hand sanitizers, plexiglass dividers and Anew Facility Armor, powered by the BioprotectUS system.
- New law aims to help localities shift to ‘.gov’ web addresses (RouteFifty)
- Prehistoric human remains found along shoreline at Sleeping Bear Dunes (MLive)
- Medicaid and Continuity of Coverage for the Justice-Involved Population: An Assessment of Select Michigan Counties and Jails (Wayne State University)
- Michigan gravel industry to again try to limit local control on mining (Bridge Magazine)
Legislature approves ‘no reason’ virtual sessions until March 31, 2021
The Legislature voted to extend the ability for local boards to meet remotely, under any circumstance, through March 31, 2021. Senate Bill 1246, by Sen. Lana Theis (R-Livingston), would maintain the ability for a board to meet remotely past March 31 if a local emergency is declared pursuant to the Emergency Management Act or by a local ordinance. The ability for local declarations to serve as a means for remote meetings still expires Dec. 31, 2021. (Please see the local emergency declaration template provided by Cohl, Stoker and Toskey.)
The bill also clarifies that if a public body meets in person before April 1, 2021, the body must, to the extent feasible, abide by social distancing and mitigation measures recommended by the Centers for Disease Control and Prevention. Any public body that meets in person must have adopted cleaning standards to limit any exposure to COVID-19.
MAC has received questions about announcing locations of local board meetings. That is still required under the law. Each board member that is meeting remotely must announce the county, city, village or township and state from which you are attending.
The bill now goes to the governor, who is expected to sign it into law before the end of the year.
For questions, contact Meghann Keit at email@example.com.
State extends health orders to Jan. 15, 2021
Revised public health orders announced Friday loosen some restrictions on public activity while extending the state’s COVID-19 response to Jan. 15, 2021.
The new orders go into effect Dec. 21 and replace the ones instituted on Dec. 7.
Everything from high schools to casinos could offer in-person services under the revisions but indoor dining, nightclubs and indoor sports are still banned by order of the Michigan Department of Health and Human Services.
The state’s chief medical executive, Dr. Joneigh Khaldun, said cases in Michigan are still six times higher than they were at the start of September, but the figures are trending in the right direction.
- Dec. 18 – Gatherings and Face Mask Order
- Dec. 18 Epidemic Order Key Metrics
- Dec. 18 Epidemic Order Infographic
- Dec. 18 Epidemic Capacity Limits Fact Sheet
- Dec. 18 Epidemic Outdoor Seating Enclosures
For the latest coronavirus news affecting counties, visit MAC’s Resources Page.
Legislature fails to act on 4-year terms for commissioners
Among items that officially died in the lame duck session was the MAC-led legislation to increase county commissioner terms to four years from the current two. Despite numerous last-ditch efforts to get Senate Bills 504-505, by Sen. Ed McBroom (R- Dickinson), moved out of the Senate Local Government Committee to give it a chance this month, the bills were never taken up by Chairman Dale Zorn (R-Monroe).
The House versions of the legislation never made it past the House Ways and Means Committee after union opposition led to debate over which election cycle the term would fall on: presidential or gubernatorial. As this issue got lost in politics, MAC tried to overcome the arguments, but, in the end, it was not enough to get it done before the close of the 2019-20 session.
MAC greatly appreciates all efforts by our members to reach out to legislators, respond to action alerts and stress the importance of this legislation. We certainly expect to bring this back up early in 2021. With a growing number of former county commissioners represented in the Legislature, and on both sides of the aisle, MAC is hopeful for progress next year.
Bills spurred by county-state jail task force about to become law
After months of input from around the state and legislative work from the Joint Task Force on Jail and Pretrial Incarceration, a huge package of bills stemming from the task force recommendations goes to the governor’s desk for final approval.
In the late days of lame duck session, Senate Bills 1046-51 were approved, with last minute changes to safeguard victim protections and address the concerns of the Michigan Coalition to End Domestic and Sexual Violence.
House Bills 5844 and 5854-57 also garnered unanimous support from both chambers, to eliminate mandatory minimum jail sentences for certain offenses.
The various bills eliminating license suspension for violations of the law unrelated to dangerous driving were also overwhelmingly approved.
MAC largely supported all these measures but was neutral on SBs 1046 and 1048. All the bills will go before the governor, who is expected to sign them.
While several task force recommendations will become law, MAC still supports further legislative efforts to act on recommendations pertaining to behavioral health in our jails. State support for mental health diversion, screening tools and increased financial resources is greatly needed to serve this jail population.
For more information on this issue, contact Meghann Keit at firstname.lastname@example.org.
Tax foreclosure bills sent to the governor
MAC-supported bills to address a court decision that upended the tax foreclosure system on property in Michigan were approved by the Legislature this week.
In July, the Michigan Supreme Court, in Rafaeli, LLC v Oakland County, ruled the surplus proceeds from the sale of foreclosed property lawfully belong to the former property owner, not to the foreclosing governmental unit.
In response, Sens. Jim Runestad (R-Oakland) and Pete Lucido (R-Macomb) have been working on Senate Bills 1137 and 676 to create a statutory process by which county treasurers can comply with the decision. The two bills, supported by MAC, the Michigan Association of County Treasurers and other local government groups, establish a new process of notification, allowable expenses, fair disposition of property and the method by which former owners may claim surplus proceeds. Such proceeds 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.
Unfortunately, there are situations when the property will sell for less than the taxes owed. In such a case, counties can charge back those losses to other local units with interest. But there could be losses that exceed the amount counties can charge back. Where that money will come from is unclear since the bills provide no provision for financial relief in those cases.
Tracking these chargebacks and losses was included in the final version of the bills, however, so future evaluations of the financial harm to local governments can be ascertained.
The bills now head to the governor, who is expected to sign them.
Next year, MAC will pursue legislation granting counties the ability to relinquish their foreclosing governmental unit responsibilities to the state, should they so choose. At present, the state acts as the foreclosing governmental unit in seven Michigan counties.
For more information on this issue, contact Deena Bosworth at email@example.com.
Commission rejects Wayne’s request for construction costs
At its last meeting of 2020 this week, the Michigan Indigent Defense Commission (MIDC) approved a final set of local proposals for spending plans to defend indigent residents accused of crimes.
Prior to the session, the commission had approved plans for 110 of 120 systems, many of which have already received their initial grant distribution. MAC worked diligently with the MIDC to ensure grant contracts and funds were distributed as quickly and efficiently as possible.
At this week’s session, counties that gained full approval included Alger, Kalamazoo and Roscommon.
But the largest system in the state, Wayne County, generated a great deal of debate. Wayne County General Counsel James Heath urged the commission to give full support for the plan, arguing the request for MIDC grant money cover about $5 million for new construction at the criminal justice complex helps Wayne comply with standards requiring confidential meeting space.
MIDC staff, however, recommended a conditional approval with everything except the $5 million. Commissioner Jim Fisher moved to adopt the staff recommendation, while Commissioner Andrew DeLeeuw (Washtenaw County) offered an amendment to also approve the new construction. DeLeeuw, supported by Commissioner Margaret McAvoy (Isabella County), argued the spending was easily justifiable per statute and standard 2 and the state is responsible for funding compliance with the standards beyond the local share. Commissioner Tom McMillan asked if the approval of the $5 million would put the MIDC over its budget for FY21, necessitating a request for a supplemental outlay from the Legislature. Executive Director Loren Khogali assured the commission there would be enough in their current budget and they would not need to seek additional funds.
The amendment by DeLeeuw was rejected. The staff recommendation to conditionally approve Wayne’s plan without the new construction costs was approved. The commission meets again on Feb. 23, 2021. (See the agenda.)
For questions, please contact Meghann Keit at firstname.lastname@example.org
Solar energy PILT bills headed to governor
Legislation to exempt solar equipment from ad valorem property taxes and replace the levy with a payment in lieu of taxes (PILT) system cleared the Legislature this week. Although a PILT system, as opposed to a valuation and depreciation model, has its merits, MAC is opposed to the bills and has urged the governor to reject the legislation so the policy discussion can resume in 2021 on a system that addresses some key points.
The legislation before Gov. Gretchen Whitmer would cap the reimbursements to local governments at $4,000 per megawatt of nameplate alternating current capacity (what they are capable of generating, not what they actually generate). This statutorily mandated payment level has not been fully vetted and evaluated by the State Tax Commission or the Department of Treasury to determine whether this is a fair value and reimbursement rate for each taxing jurisdiction. Also, MAC favors legislation that ensures local governments will not be forced to accept solar developments; that ensures the PILT payments will be collectable throughout the duration of the agreement; that ensures the equipment will be removed from the site once operations cease; and that includes language to clarify the real property on which the solar development is located is still subject to real property tax.
The bills now go to the governor for her consideration.
For more information on this issue, contact Deena Bosworth at email@example.com.
Extension of poverty-based tax exemptions on homes passes
Senate Bill 1234, a measure by Sen. Jim Runestad (R-Oakland) to allow local assessing units to extend a poverty-based tax exemption for a primary residence that was originally granted in 2019 or 2020 for three years, cleared the Legislature this week with unanimous support. The bill now goes to the governor for her signature.
Full and partial exemptions may be granted and continued. The bill also allows, for three years, poverty-based exemptions granted in 2021, 2022 and 2023 to be granted for three years if the owner of the principal residence is on a fixed income such as Social Security or a pension. Again, the local assessing unit can grant full or partial exemptions based on stated criteria.
For more information on this issue, contact Deena Bosworth at firstname.lastname@example.org.
Bill for property tax penalties and interest waiver gets legislative OK
For the better part of 2020, the House and the Senate have been working on a bill to forgive the penalties and interest for those who could not afford to make their summer property tax payments.
Senate Bill 943, by Sen. Peter MacGregor (R-Kent), was thought dead for the better half of 2020, however, due to the inability of stakeholders to reach a consensus on how to pay for the anticipated costs of forgiving taxes, penalties and interest. But the Senate scaled back the proposal to qualifying businesses in the restaurant, bar, gym and entertainment industries and the bill moved through the Legislature.
If signed by the governor, forgiveness of the penalties and interest for unpaid summer property taxes will be on a first come, first served basis, based on the level of appropriation dedicated to the program. It will be up to the Department of Treasury to take applications, grant deferments of summer taxes through Feb. 15, 2021, and to reimburse local governments for their losses in penalties and interest. The bill does not provide exemption from the taxes, nor does it provide any relief for residential customers or those businesses who have already paid their summer taxes.
MAC is supportive of the revised version of SB 943.
For more information on this issue, contact Deena Bosworth at email@example.com.
Legislature backs tax exemption for automation tech
Final legislative approval was given this week to Senate Bills 1149-1150 and 1153, which would give sales, use and Personal Property Tax (PPT) exemptions to large retailers who are installing and utilizing automation equipment to assist with their distribution systems.
Advocates argue the property they are seeking to exempt is industrial in nature and the same types of exemptions enjoyed by those same types of companies located in renaissance zones. They also claim the automation equipment does not reduce jobs because these employees are redeployed into other areas of their company or they retire.
MAC disagrees with those claims and opposes the bills.
The sales and use tax exemptions are one-time hits to the state’s General Fund and School Aid Fund, but the PPT exemptions are annual losses of revenue to local units of government. The bills do not provide any replacement revenue for local governments. This is a yet another example of the Legislature passing bills that affect local government without any attempt to reimburse locals for the lost revenue.
The bills now head to the governor. MAC has urged her to reject them and is optimistic she will do so.
For more information on this issue, please contact Deena Bosworth at firstname.lastname@example.org.
State creates Vaccine Dashboard to track access
The Michigan Department of Health and Human Services (MDHHS) has updated information in its priority groups for vaccination administration document and launched a COVID-19 Vaccine Dashboard to help Michiganders track information about the vaccine across the state, the department announced in a statement.
“MDHHS expanded its guidance to allow Michiganders 16 years of age and older to receive the vaccine and also provided updated information on pregnant women and the vaccine. While there is not currently data on the safety and efficacy of Pfizer’s COVID-19 vaccine in pregnant women, the Centers for Disease Control and Prevention has recommended that pregnant women may be offered the vaccine within the priority groups upon consultation with their medical provider.
“The COVID-19 Vaccine Dashboard includes data from the Michigan Care Improvement Registry on the number of providers enrolled to provide the vaccine, the amount of vaccine received and doses administered. The dashboard will be expanded over the coming weeks to include vaccination coverage rates by age and race.
“MDHHS is following the Centers for Disease Control and Prevention recommendations for prioritization of distribution and administration of COVID-19 vaccines. CDC recommendations are based on input from the Advisory Committee on Immunization Practices (ACIP). ACIP is a federal advisory committee made up of medical and public health experts who develop recommendations on the use of vaccines in the United States. MDHHS has also obtained input from a stakeholder group of Michigan public health and health care leaders and reviewed correspondence from the public.
- Phase 1A includes paid and unpaid persons serving in health care settings who have direct or indirect exposure to patients or infectious materials and are unable to work from home, as well as residents of long-term care facilities.
- Phase 1B includes some workers in essential and critical industries, including workers with unique skill sets such as non-hospital or non-public health laboratories and mortuary services.
- Phase 1C includes individuals age 16 years or older who are at high risk for severe COVID-19 illness due to underlying medical conditions, and people 65 years and older.
- Phase 2 is a mass vaccination campaign for all individuals aged 16 years or older.
“MDHHS has provided additional prioritization guidance within these categories. It is important to note that vaccination in one phase may not be complete before vaccination in another phase begins. Vaccination in these phases will likely overlap. The timing of the start of vaccination in a phase is dependent on guidance from CDC and ACIP, the supply of vaccine from the manufacturer, how vaccine is allocated from the federal level to Michigan and the capacity to administer the vaccine to populations.
“Vaccine distribution will roll out over a series of weeks, and current estimates are that by late spring 2021 enough vaccine will be available for everyone who is recommended to receive it. There will be no out-of-pocket costs to individuals for the vaccine, however, healthcare providers may bill insurance for administrative costs. The COVID-19 vaccine will require two doses, separated by three or four weeks depending on the manufacturer. Michiganders should receive both doses in order to have full protection from the virus. Individuals who receive the vaccine may experience mild side effects such as low-grade fever, sore arm and fatigue, which indicate that the vaccine is working. There is a robust state and national process for tracking vaccines and reporting side effects.
“MDHHS stresses Michiganders should continue to wear masks, social distance from those not in their household and wash their hands often, even after receiving the vaccine.”
Legislature advances variety of nursing regulatory measures
Bills that the Michigan County Medical Care Facilities Council (MMCFC) has been tracking for many months cleared the Legislature this week. Senate Bill 77, by Sen. Jim Runestad (R-Oakland) would require a nursing home to allow a resident or their representative to monitor the resident using an electronic monitoring device. Under the bill, the Department of Licensing and Regulatory Affairs (LARA) could promulgate rules, in consultation with the long-term care ombudsman program, to establish procedures for residents to request a camera and requirements for when the camera must be turned off or blocked to protect residents’ privacy.
The House amended the bill on the floor, however, so that audio recordings are disallowed. After the Senate agreed to the new version, the bill heads to the governor’s desk for review.
House Bill 4098, by Rep. Ben Frederick (R-Shiawassee), passed the Legislature this week as well and now goes to the governor. It would create a medication aide training and permit program that will undoubtedly enhance resident safety and help address the workforce issues all facilities are facing. The legislation closely mirrors the statutory framework in place for a certified nurse aide (CNA), and would allow a CNA to complete additional education and testing to become a medication aide. Responsibilities of medication aides are limited in scope and the aide would not be allowed to administer controlled substances, medications in injectable forms or the initial administration of medications. This additional support to nursing staff would help with routine care.
Union groups have opposed this, leading to a partisan divide. It is not certain if the governor will approve or reject this bill. MCMCFC sent an alert to MCF administrators to urge enactment of this bill.
Lastly, extending health provider immunity was passed to ensure protections from March 29 through July 13, 2020, and from Oct. 30, 2020, through Feb. 13, 2021. Similar to the recently passed “Pandemic Health Care Immunity Act,” Senate Bill 1185, by Sen. Curt VanderWall (R-Mason), would extend COVID-19 liability protections for most health care facilities, including MCFs, to psychiatric hospitals, psychiatric units, and nursing home care and recovery centers. The bill now heads to the governor’s desk.
Barry County’s Parker passes
Barry County Commissioner Dan Parker died Dec. 11 after contracting COVID-19
According to a report from WOODTV in Grand Rapids, “Fellow Commissioner Ben Geiger said Parker had just been elected Thornapple Township Supervisor. Geiger said Parker owned a publishing business and held public service positions in Thornapple Kellogg Schools and the village of Middleville.
‘Our hearts are broken in losing Dan Parker,’ Geiger said in a Monday statement. ‘But he wouldn’t want us to be sad. He would want us to find peace.’”
Heather Wing, chair of the Barry County Board of Commissioners, said, “It was such an honor to have been able to work with Dan Parker. He was perpetually looking for the compromise to settle uncomfortable situations for a win for both sides. He was passionate about Barry County and promoted every aspect of our great resources. Dan was one of a kind and his legacy will be difficult to duplicate.”
Parker first served on the Barry board from Jan. 1, 2011, to Dec. 31, 2012. He rejoined the board on Jan. 1, 2017.
Double-check your PPT reimbursement calculations
Counties now can contest state calculations on FY20 Personal Property Tax reimbursements until March 31, 2021.
In a memo sent to County Equalization Directors, the department instructs counties to double-check their reimbursement amounts and the calculations used to determine those amounts. If any errors are found, counties are to fill out form 5651 and submit to the department by March 31, 2021.
For questions, contact the revenue sharing and grants division of the Michigan Department of Treasury at TreasORTAPPT@michigan.gov or 517-335-7484.
Mental health trainings resume in early January
A new set of free “Managing Mental Health Crisis” sessions will begin in early January. County officials have until Jan. 5, 2021, to register for:
- Jan. 6, 2021 – Mental Health Stigma, Mental Health Illness & Violence, Mental Illness and Disorders
- Jan. 7, 2021 – Michigan Mental Health Code, De-Escalation, Mood Disorders
- Jan. 13, 2021 – Trauma, Psychotic Disorders, Personality Disorders and Youth Interactions
- Jan. 14, 2021 – Substance Use Disorder, Medications, Alzheimer’s, Neurodevelopmental Disorders, Excited Delirium, Recovery
Managing Mental Health Crisis is designed specifically for Michigan law enforcement, public safety and community mental health responders. Funded by the Michigan Department of Health and Human Services, it is endorsed by the state’s Diversion Council, is approved by MCOLES and meets with MCOLES recommended annual officer trainings
For questions, contact J. Eric Waddell at email@example.com.
By Matt Nordfjord, Esq.
With a new year comes the responsibility for county boards to elect chairs and vice chairs. This process is governed by Michigan Compiled Laws (MCL) 46.3.
The county board of commissioners is required to elect one of its members as chair and one member as vice chair, per MCL 46.3(4).
The chair shall be elected each odd-numbered year for a 2-year term, unless the board provides by resolution or board rule that the chair shall be elected annually, for a 1-year term. The vice chair is required to be elected annually for a 1-year term.
The election of a chair or vice chair must occur at the first meeting of the county board of commissioners in a year in which a chair or vice chair is to be elected. The term of a chair or vice chair begins upon their election.
The board does not have the option of electing a vice chair for a 2-year term. Rather, the election of the vice chair must occur annually at the first meeting of the board, regardless whether the election of the board chair occurs annually. The election of a chair and vice chair is determined by a majority vote of the county board members elected and serving, as per MCL 46.3(2).
A unique aspect of an election for a board chair (but not the vice chair) is that state law allows for a secret ballot. (See MCL 46.3a.) The law does not mandate a secret ballot, but it allow for one in this specific circumstance. If the board chooses to conduct the election of the board chair by secret ballot, a majority of the board must vote to authorize this mechanism.
Matt Nordfjord is a shareholder with the law firm of Cohl, Stoker & Toskey, P.C.