Legislative Update 4-15-22

April 14, 2022Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

House resolution names April as County Government Month

To mark National County Government Month (NCGM) in April, the Michigan House of Representatives on Tuesday passed a resolution drafted by MAC noting the key contributions that county governments make to daily life in our state.

State Rep. Julie Rogers, D-Kalamazoo, herself a former county commissioner and former MAC Board member, sponsored the resolution and spoke on its behalf during a House session Tuesday afternoon.

“As a former county commissioner, I know firsthand that county governments play a vital role in the delivery of key public services in our state,” Rogers said. “Counties provide a variety of services, such as parks and recreation programs, services for seniors, medical care facilities, courts and court services, elections, and infrastructure. As a health care provider, I also appreciate the key role they play in public health by promoting equitable and accessible health for all residents.”

MAC Executive Director Stephan Currie thanked Rogers for her support: “Our members across Michigan greatly appreciate Rep. Rogers’ sponsorship of this resolution and its quick adoption by the full House of Representatives. Nearly 50,000 of our friends and neighbors work in county government each and every day to make our state a better, safer and healthier place to live. Such service is deserving of recognition this month — and every month.”

The NCGM celebration was begun by the National Association of Counties in 1991 to highlight the numerous and daily contributions of county government and employees to public life.

MAC members are encouraged to make use of a variety of NCGM resources:

Podcast 83 interviews state mental health leader about threat to local control in Senate Bills 597-98

Legislation that would bring in private companies to handle mental health services in Michigan would wreck longstanding local oversight and almost assuredly weaken assistance for those in need, a state leader in the field said during a special episode of MAC’s Podcast 83.

Alan Bolter, associate director of the Community Mental Health Association of Michigan, discussed Senate Bills 597-98 with Meghann Keit-Corrion, MAC governmental affairs associate and point person on mental health issues.

MAC and CMHA are among organizations that have opposed these measures, which are backed by Senate Majority Leader Mike Shirkey (R-Jackson). First introduced in July 2021, the bills cleared a Senate committee last fall and are before the full Senate.

Use MAC’s advocacy platform to send a message of opposition to your senator. MAC also has a talking points sheet on mental health legislation for members’ use.

A poll commissioned by the Community Mental Health Association of Michigan and conducted by third-party survey provider EPIC-MRA found 67 percent of Michigan voters prefer the public mental health system to be managed by public entities who specialize in mental health care vs. turning the system over to private, for-profit companies.

Sixty-two Michigan counties have passed resolutions in support of local control and against SBs 597-98.

House subcommittees send budget recommendations for review

House subcommittees were busy at work this week sending recommendations to the full House Appropriations Committee for further review. Some highlights include:

$149M in Michigan Indigent Defense Commission grants
$175M for a statewide judicial case management system as recommended by the Trial Court Funding Commission
$15M in federal funds to assist trial courts with processing base backlog ($7M of which must be used to create a virtual backlog response docket)
$250M in federal funds for counties for improvements to existing jail facilities or construction of a new jail, with a 20% match and a cap of $25M per grant (it should be noted new jail construction is not allowed under the federal rules)
$100M in federal funds to support radio tower grants, which includes a 20% match requirement and caps a cap of $25M per grant
$57.5M for grant funding to eligible public safety entities to purchase years of service for out-of-state personnel who are hired in Michigan
$15M for secondary road patrol
$10M in grants to public safety departments for community policing programs
$10M to reimburse local law enforcement officers for leave time they were required to use in order to quarantine because of exposure or possible exposure to COVID-19
$10M to grant retention bonuses of up to $5,000 to public safety officers, first responders, local corrections officers, public safety telecommunicators, and juvenile detention employees.
$10M in federal funds to grant signing bonuses of up to $5,000 to new public safety officers, first responders, local corrections officers, public safety telecommunicators, and juvenile detention employees
$3M for a public safety and first responder recruitment marketing program
$15M for the county jail reimbursement program
13M for community corrections program
$4M for county veterans service grants

The Senate is expected to begin moving budgets next week and have them to the full Senate Appropriations Committee by the end of the month.

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

Bills amending FOIA receive hearing in House Oversight Committee

Changes to the Freedom of Information Act (FOIA) could be coming from legislation introduced in the House. House Bills 5921 and 5923-25 seek to amend the act to limit local governments’ ability to defend denials of FOIA requests as well as increase the administrative burden and costs of compliance. Counties across Michigan consistently comply with the Freedom of Information Act and work with the public to ensure transparency and accountability in government. The provisions in the act require dedicated staff, on-going communication and compliance with requests. At the same time, the Act protects specific exemptions from record disclosures to safeguard personal privacy, legal investigations, attorney-client privilege information, certain appraisals and other similar exemptions.

MAC submitted a letter of opposition when the bills received a hearing in the House Oversight Committee this week outlying the following concerns with the package:

House Bill 5921, by Rep. Steve Johnson (R-Kent), limits the reason for FOIA request denial to only the ones stated in the beginning. This amendment could have the unintended consequences of releasing protected records if someone didn’t catch the right exemption the first time and could potentially force a local agency to violate other laws.

House Bill 5923, by Rep. Greg VanWoerkom (R-Muskegon), requires a written acknowledgement of a request within two days, on top of requiring compliance within five days, and in cases of a denial for a record, requires the public body to acknowledge the records, provide a description of the record and the explanation for the denial. These amendments will likely require legal counsel involvement in each record request denial as well and create scenarios where private information is being described without providing the actual record. In cases of mental health allegations, sexual assault allegations, legal opinions and law enforcement investigations, these disclosure requirements undermine the intent of the privacy exemptions.

House Bill 5924, by Rep. Andrew Fink (R-Hillsdale), requires that a record in the possession of outside legal counsel be considered to be in the possession of the public body. This amendment blurs the line over what is FOIA-able in an outside legal practice.

House Bill 5925, by Rep. Bryan Posthumus (R-Kent), allows for civil actions regarding the determination of whether or not the record is considered primarily for the public benefit and therefore should not be subject to fees for compiling the record. Again these amendments would open the floodgates of litigation against public bodies, especially by the press who would claim public benefit for every request. Then the public body would likely have to absorb the entire cost of fulfilling these requests to avoid litigation.

MAC is currently opposed to these bills as written but is ready and willing to sit down with the bills’ sponsors and staff to work on the legislation to achieve clear, fair and reasonable changes to the act.

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

Opioid settlement rules gain swift action from legislative committees

A legislative package to manage the state’s $388 million portion of the national opioid settlement gained swift approval from committees in both chambers of the Legislature this week.

The House Judiciary Committee and Senate Health Policy Committee approved the bills that are designed to ensure Michigan receives the full $388 million over the 18-year settlement period, which begins in 2022.

House Bills 5968-69, by Rep. Mary Whiteford (R-Allegan), and Senate Bills 993, by Sen. Michael MacDonald (R-Macomb), and Senate Bill 994, by Sen. Mark Huizenga (R-Kent), create the Michigan Opioid Healing and Recovery Fund which ensure all money received under the national agreement is consistent with the settlement requirements. HB 5969 and SB 994 create the Opioid Advisory Commission in the Legislative Council, which recommends funding for initiatives that would support opioid prevention, treatments and services to the Legislature.

Whiteford stressed during her testimony how critical the bills are to prevent a repeat of what happened with the national tobacco settlement funds, which were diverted away to projects not related to anti-tobacco efforts.

HB 5970, by Rep. Christine Morse (D-Kalamazoo), and SB 995, by Sen. Betty Jean Alexander (D-Wayne), would bar local governments from future litigation related to the specific distributor and Janssen settlements. Under the settlement, a state must have a legislative prohibition against future litigating subdivisions (i.e., local governments) to receive the top incentive and the full amount of eligible funds.

MAC supports the bills based on our policy platforms, which call for state investment for treatment and services related to combatting the opioid epidemic and oppose a repeat of the spending outcome similar to that of the tobacco industry settlement.

The committees in both chambers passed the bills, on bipartisan votes, and the bills await action on the floor.

For more information on the national opioid settlement, visit https://nationalopioidsettlement.com/ or contact MAC’s Meghann Keit-Corrion at keit@micounties.org.

MDHHS opioid webinar on harm reduction set for next week

The Michigan Department of Health and Human Services (MDHHS), in partnership with the Michigan Municipal League (MML), the Michigan Township Association (MTA), The Michigan Association of Counties (MAC) and the Michigan Attorney General’s Office (AG) will be hosting a webinar series on the Distributor/Janssen Opioid Settlements. The next webinar will be held on Tuesday, April 19 from 3 p.m. to 4 p.m.

State, county and local governments are slated to receive funds from the Distributor/Janssen Opioid Settlements in the coming months, and this webinar series will provide an opportunity for local elected officials, public health officials and other relevant parties to learn about best practices for spending these funds. This upcoming webinar will focus on opportunities to support harm reduction services.

There will be a Q&A period during the webinar, or participants may email questions directly to MDHHS-OpioidsTaskForce@michigan.gov, prior to April 19, 2022.

https://us02web.zoom.us/meeting/register/tZcofuqhrzstH9EWwiYdZm2Zw0vOKo_C5x0E

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

MAC-backed road patrol funding bills clear House

The House passed a package of bills on Wednesday to improve Secondary Road Patrol (SRP) funding via the state liquor tax.

House Bill 5773, by Rep. Mike Mueller (R-Genesee), HB 5732, by Tommy Brann (R-Kent), and HB 5772, by Rep. David Martin (R-Genesee), would require that $15 million annually from the 4 percent excise tax on liquor go to SRP. At present, the fund receives a $10 assessment from civil infractions, so funding is dependent on the number of written traffic citations. Under the bills, the assessment levied on those traffic citations would be reduced by $10 (from $40 to $30) to account for the portion of the assessment that would no longer be distributed to the Secondary Road Patrol and Training Fund.

MAC supports these bills as they would create a more stable funding stream for sheriffs to finance road patrols. The Michigan Sheriffs’ Association supports the package, as well, as do a number of individual county sheriffs.

The bills are now before the Senate Appropriations Committee, chaired by Sen. Jim Stamas (R-Midland).

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

Maintenance of effort measure gains House approval

The Michigan House this week approved a three-year extension to the county maintenance of effort (MOE) rate for county medical care facilities (MCFs), a key legislative priority for the Michigan County Medical Care Facilities Council (MCMCFC).

House Bill 5875, by Rep. Bronna Kahle (R-Lenawee), provides an extension to the MOE freeze until 2025, or until the Michigan Department of Health and Human Services (MDHHS) implements a new reimbursement model, whichever is sooner.

MDHHS has been studying and contemplating a new reimbursement model and policies for long-term care facilities. Should a new approach be implemented prior to Dec. 31, 2025, MCFs would transition to the new system under the bill.

Other organizations supporting the bill alongside MCMCFC include MAC, the Health Care Association of Michigan and Leading Age Michigan.

The bill now heads to the Senate Health Policy Committee chaired by Sen. Curt VanderWall (R-Mason).

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

Podcast 83 discusses infrastructure, FOIA, courts and more

Returning from a month’s hiatus, MAC’s Podcast 83 team reconvened on Zoom Monday to discuss the next phase of legislative activity in Lansing.

Among issues discussed by Executive Director Stephan Currie and Deena Bosworth and Meghann Keit-Corrion of MAC’s government affairs team were the $4.7 billion infrastructure spending bill that’s heavy on water projects, troubling legislation to alter the Freedom of Information Act, the seemingly perennial battle over court funding and National County Government Month.

The team also took questions from members during the live session Monday afternoon.

Next Monday, Podcast 83 will broadcast a live session from MAC’s Lansing offices. The episode will begin at 4 p.m. and you can access it with this Zoom link: https://us02web.zoom.us/j/82867692853.

Viewers will again be able to ask questions of the team.

If you can’t catch the episode live, a recording will be posted later next week to MAC’s YouTube channel.

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

Staff picks

Property buyouts can reduce flood impacts, but funding, planning hurdles limit their reach (Pew Trusts)
Email fraudster hits New Mexico county for $447,000 (govtech.com)
Profit strategy: (South Carolina) psychiatric facilities prioritize out-of-state kids (Kaiser Health News)
Mechanic reaps windfall from art in Connecticut dumpster (Associated Press)

Legislative Update 4-8-22

April 8, 2022Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

Michigan Supreme Court hears challenge to local judges’ ability to collect costs

The Michigan Supreme Court heard arguments this week in Lansing on People v. Johnson, which challenges the state statute allowing judges to impose court costs on convicted defendants.

Critics of state law say it’s unconstitutional for a judge to oversee a criminal case and also have the power to order someone to pay a share of their court’s operations. The attorney for Travis Johnson argued to the court the statute violates due process because it creates a perceived conflict of interest between a judge’s impartiality and the obligation to generate revenue for the court.

In a 2-1 decision in April 2021, the Michigan Court of Appeals affirmed the lower court’s order, holding the relevant statute was not unconstitutional.

In the hearing this week, Justice David Viviano questioned whether judges really feel they must “fundraise” to keep their courts in operation. He noted he did not while serving at the trial level and, because the Legislature is obligated to fund the courts, the judges should not feel pressure to do so. Chief Justice Bridget McCormack suggested whether a legislative fix imposing a specific fine per offense would remedy the problem, to which defense attorneys responded that while it may be better than status quo, their opinion is the main problem of courts generating revenue for their operations would remain in that scenario.

While the court case continues, the statute that allows these court costs is still on track to expire in October.

To deal with this legislative “sunset,” Rep. Sarah Lightner (R-Jackson) introduced House Bill 5956, which extends the sunset until 2025, and HB 5957, which authorizes the State Court Administrative Office to create a formula for local courts’ operational needs and requires the state to fund the amount needed to replace revenue loss due to a court ruling.

The Trial Court Funding Commission outlined this proposal in its recommendations under a scenario in which court costs are eliminated as a source of trial court funding prior to long-term solutions being implemented. The report specifically states, “Funds necessary to meet this shortfall must be appropriated by the Legislature.”

Lightner’s bills, which MAC supports, are before the House Appropriations Committee, chaired by Rep. Thomas Albert (R-Kent).

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

Counties continue to oppose mental health privatization bid

Legislation that eliminates local control and local decision-making in community mental health systems remains under consideration by the Michigan Senate.

Senate Bills 597-98, by Senate Majority Leader Shirkey (R-Jackson) and Sen. John Bizon (R-Calhoun), would shift financial administration of Medicaid mental health services to private Medicaid health plans. These bills ultimately take away public accountability and local governance and turn control over to for-profit private insurance companies that do not have a good track record in treating patients with mental health needs.

MAC will continue to oppose any move to shift toward privatization of our local public mental health system. To use MAC’s digital advocacy tool to send a message of opposition to your senator, click here.

To date, the boards of 62 counties have passed resolutions in opposition to the legislation, covering 84.5 percent of House members and 92.2 percent of Senate members. (If your county is not listed below and passes a resolution in opposition, please send it to sweeney@micounties.org.)

Additional resources to use with your legislators on this issue are:

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

Join Podcast 83 team on April 11 for live update

MAC Executive Director Stephan Currie and the Podcast 83 team of Deena Bosworth and Meghann Keit-Corrion will be live on Monday, April 11 to discuss what issues will dominate in Lansing as legislators return from their spring break next week.

The update will begin at a new time: 4 p.m. To join the session, just use this Zoom link: https://us02web.zoom.us/j/82867692853.

Viewers will be able to ask questions of the team as well.

If you can’t catch the episode live, a recording will be posted later next week to MAC’s YouTube channel.

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

MAC provides option for members to download conference photos

In addition to the regular conference photo gallery for the 2022 Legislative Conference, MAC has created an even larger gallery of photos that can be downloaded in sizes suitable for printing.

Link to full photo gallery: https://www.dropbox.com/t/yq8A5pSwJRhrmgTv

Once you open the page, you may scroll down to find your photo and the option to download to your desktop or mobile device.

NACo issues alert about ARP auditing standards

The National Association of Counties issued the following alert regarding audit rules for American Rescue Plan funds:

“Today, the Office of Management and Budget posted a new alternative, titled Addendum 3, to Single Audit Act requirements for certain ARPA Recovery Fund recipients. Under current guidance, recipients and subrecipients that expend more than $750,000 in federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements. Addendum 3 changed this requirement for counties that received less than $10 million in Recovery Funds. This will help our rural counties significantly.

“Top 10 things you should know about Addendum 3 to the 2021 Single Audit Compliance Supplement:

If a county is eligible, you should discuss this with your Auditor

This is an addendum to the 2021 Single Audit Compliance Supplement and, specifically, the revision is Addendum 3
Addendum 3 includes a simplified Single Audit process (an “Attestation”) for those direct recipients that are considered exempt from the Single Audit if it was not for the expenditures of SLFRF funds
This alternative is intended to reduce the burden of a full Single Audit or Program-Specific Audit on eligible recipients and practitioners
This alternative applies to fiscal year audits beginning after June 30, 2020
Attestation would result in an auditor’s opinion on compliance which includes an assessment of two activities, specifically “activities allowed” and “unallowed/allowable cost”
Attestation is optional – any SLFRF direct recipient can decide to perform a Single Audit instead even if they are eligible for attestation
Eligibility is limited:
1. Attestation (instead of SA) eligibility would only apply to direct recipients from Treasury receiving under $10M in total
2. Attestation (instead of SA) eligibility would apply to direct recipients only if other Federal award funds the recipient expended are less than $750,000 during the recipient’s fiscal year – not including their SLFRF award funds
Single Audit would still apply if the recipient spends over $750K in ANY OTHER federal funds
Uniform Guidance (UG) still applies to ALL expended funds, whether the recipient performs an Attestation or a Single Audit”

For more information on this issue, contact MAC Executive Director Stephan Currie at scurrie@micounties.org.

Take the MGC Challenge by April 29

The Michigan Green Communities Challenge is open through April 29 and is open to all counties.

Participation involves two easy steps:

Register for an account at: https://migreencommunities.com/register/
Take the Challenge!

The annual Michigan Green Communities Challenge is a key part of the program and allows participants to track and benchmark their sustainability progress. Communities can log their sustainability actions using the MGC Challenge to achieve bronze, silver or gold recognition. The MGC Challenge should only take a few hours of staff time to complete.

Benefits of participating in the Challenge:

Have access to peers across Michigan through the MGC Network
Gain access to technical support, guidance, and examples
Save money and municipal resources by taking steps to reduce energy and resource use
Take steps to improve health outcomes for your residents
Improve air and water quality
Support your local economy
Engage your residents in community planning and sustainable actions

If you have questions, you can reach the Michigan Green Communities coordinator, Danielle Beard, at dbeard@migreencommunities.com or MAC’s Hannah Sweeney at sweeney@micounties.org.

MAC is a supporting member of Michigan Green Communities.

Webinar focuses on new ways to think about budgets

The Government Finance Officers Association (GFOA) Rethinking Budgeting Initiative is helping local governments update budget practices to better meet the rapidly changing needs of communities. This initiative is raising new ideas and producing guidance for how local government budget systems can be adapted to changing needs. The initiative explores a wide range of topics related to the budget process including budget planning, fairness in budgeting and how behavioral science impacts budget decisions.

In this webinar, participants will have a chance to learn more about the concept of fairness in budgeting and discuss how ideas of fairness impact their own budget process and decisions.

Join this free webinar on April 13 from 2 p.m. to 3 p.m. Click here to register.

The webinar link will be sent out following registration. The webinar will be recorded, and the recording will be sent out to everyone who registers.

Staff picks

State Preemption of Local Authority in Michigan (webinar) (MSU Extension)
Mojo vision brings new AR contact lenses prototype to the market. What does it do? (Tech Times)
1,300 miles of road will be driven in effort to bring broadband to all of Van Buren County (MLive)
Successful Strategies for Attracting and Retaining Public Employees (RouteFifty)

Legislative Update 4-1-22

April 1, 2022Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

Governor signs $4.7 billion spending bill on water, more

A state spending bill will help repair dams that failed in 2020, leading to flooding in Midland (shown here) and elsewhere.

Nearly $5 billion is about to be injected into Michigan’s infrastructure after Gov. Gretchen Whitmer this week signed a supplemental spending bill aimed at water systems, broadband and other infrastructure.

MAC’s governmental affairs director, Deena Bosworth, said in March that the much of the spending falls in line with priorities laid out by the Coalition for a Strong and Prosperous Michigan, which MAC helped form last fall to create a united plan for leveraging the state’s ARP funding in the most strategic way possible.

The coalition projects about $2.5 billion of the $4.7 billion in Senate Bill 565 aligns with its Michigan Prosperity Roadmap that recommended investments in five key areas: Infrastructure, Fiscal Health, Thriving Communities, Strong Economy, and Public Safety.

Of particular note in SB 565 is the massive investment in protecting Michigan’s waters, including $1.27 billion from federal ARP funds for grants for wastewater, stormwater and drinking water projects.

The bill includes $200 million for Midland and Gladwin counties for repairs of dams that failed in 2020, forcing significant evacuations. Use of those funds requires a 20 percent local match. Another $6.8 million will be used in Clare County for lake dredging and a dam emergency spillway.

The bill also sends $250 million in federal funds into a broadband service grant program.

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

National County Government Month is under way

National County Government Month (NCGM), held each April, is an annual celebration of county government. Since 1991, the National Association of Counties has encouraged counties to actively promote the services and programs they offer. Counties can schedule activities any time during the month. NCGM is an excellent opportunity for your county to highlight effective county programs and raise public awareness and understanding about the various services provided to the community.

The coronavirus pandemic highlights the importance of county government. Counties are on the front lines protecting our communities from coronavirus and other illnesses that have the potential to become a pandemic. Counties support more than 900 hospitals and operate over 1,900 public health departments, which are the ground troops in the fight against the coronavirus outbreak. Local health departments are working to protect public health by communicating with transportation officials, educating health care providers and communicating to the public best practices to reduce the spread of infectious diseases.

MAC members are encouraged to make use of NCGM resources:

Conference attendees, respond to survey by Monday, April 4

MAC members who attended the recent 2022 Legislative Conference are asked to complete their survey responses by Monday, April 4.

As of Friday morning, only a third of eligible respondents had use their survey link to answer questions on conference educational content, scheduling and speakers.

“These surveys are the top way for members to give us their views on what we are doing well and where we can improve,” said MAC Communications Director Derek Melot. “Planning is already under way for 2022 Annual in Port Huron, so now is the time for members to help us design that event.”

One of the most consistently popular aspects of MAC conferences has been Exhibitor Bingo, in which attendees visit booths at the Exhibitor Show to fill out their card for a drawing. In March, the two grand prize winners were Kristine Bosley, human resources director at Benzie County, and Rob Pallarito, vice chair of the Otsego County Board of Commissioners. Each claimed a $250 cash prize from Executive Director Stephan Currie after their names were drawn by Second Vice President Eileen Kowall of Oakland County on the last day of the conference.

The 2022 Annual Conference will be Sept. 18-21 in Port Huron. Expect registration to open for it in July.

MDHHS opioid webinar set for April 5

The Michigan Department of Health and Human Services (MDHHS), in partnership with MAC, the Michigan Attorney General’s Office (AG) and others, will launch a webinar series on the Distributor/Janssen Opioid Settlements on Tuesday, April 5 from 3 p.m. to 4 p.m.

Click this link to join the session: Recovery Webinar.

There will be a Q&A period during the webinar, or participants may email questions directly to MDHHS-OpioidsTaskForce@michigan.gov prior to April 5, 2022.

Get On Board! with better meetings for your county

Helping county commissioners operate more effectively in public meetings is the focus of a three-session webinar series sponsored by MSU Extension in May.

“Effective Board Meetings and Good Governance” will have three 90-minute sessions in the evenings beginning May 9. Commissioners who participate will earn 3 credit hours in MAC’s County Commissioner Academy continuing education program.

The cost of the program is $50 per person or $200 per board (group rate, up to 10 people).

Click here to register. Registration closes at 11:59 p.m. on May 7.

Monday, May 9, 6:30 p.m. to 8 p.m. (Eastern Time): Role and Purpose

Elected and appointed government boards have distinct rules, norms and a public purpose. In this session, we will learn key differences between elected and appointed boards and their unique spheres of influence. Staff and the public also have significant roles in developing and carrying out policy. Participants will explore common best practices between boards and within boards that support functional governance.

Monday, May 16, 6:30 p.m. to 8 p.m. (ET): The Meeting Process

The board chair, members, staff and public are all important meeting participants. In this session, we will review the fundamental practices for leading meetings effectively. Each person must understand their role during a meeting and having clarity around the meeting process. We will discuss formal process documents like bylaws, codes of conduct, and agendas, as well as skills for efficiency and inclusion.

Monday, May 23, 6:30 p. m. to 8 pm (ET): Parliamentary Procedure and Robert’s Rules of Order

An introduction to Parliamentary Procedure based on Robert’s Rules of Order, the most widely used parliamentary authority. This session will focus on parliamentary principles, motions, and debate and decorum during meetings. Participants will explore scenarios and practice skills.

All sessions will be recorded and sent to registrants. Additional resources and session recordings will be available on a Google site shared through the registration process.

For content questions, contact Mary Reilly at 231-889-4277, ext. 1 or reillym8@msu.edu.

NACo urges use of funding opportunities on mental health

In its blog on March 21, the National Association of Counties (NACo) urged county leaders to fully utilize federal aid for mental health services:

“On March 9, the U.S. Department of Health and Human Services’ (HHS) Substance Abuse and Mental Health Services Administration (SAMHSA) and Office of Minority Health (OMH) announced new funding opportunities for states and counties to improve and expand access to community mental health services for children and young adults. As a part of the administration’s new strategy to address the nation’s mental health crisis, this new funding seeks to improve mental health programs and services through early intervention and suicide prevention in schools, universities, foster care systems and other youth-centered settings.

“Counties are directly eligible for 4 of the 7 new grant programs under this funding announcement, including:

“Together, these grants provide approximately $27 million in new funding opportunities for counties to improve access to mental health services for youth and young adults. …

“For a list of the new funding opportunities, click here. Grant application deadlines vary by program and span from April 18, 2022, to May 31, 2022.”

For more information on MAC’s mental health advocacy, contact Meghann Keit-Corrion at keit@micounties.org.

Deadline extended to April 15 for Achievement Awards

The National Association of Counties has announced a deadline extension for its Achievement Awards application process. The new application deadline is Friday, April 15 at 11:59 p.m. (Eastern Time).

Participation in the NACo Achievement Awards program is an excellent opportunity to earn national recognition for your county’s groundbreaking efforts and to share ideas with your peers across the country.

APPLY TODAY

Through the years, Michigan counties have won dozens of awards in this contest, so don’t hesitate to put your best ideas forward.

Staff picks

Climate change may push the us toward the ‘Goldilocks Zone’ for West Nile Virus (RouteFifty)
Michigan health department to change how it reports COVID-19 data (Detroit Free Press)
COVID-19 pandemic isn’t over for black Americans, report warns (Stat News)
New program available to connect juveniles with needed services (Cheboygan Daily Tribune)

Legislative Update 3-18-22

March 18, 2022Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

MAC-backed bills on road patrol funds clear House committee

A MAC-supported legislative package to improve Secondary Road Patrol (SRP) funding via the state liquor tax passed out of the House Government Operations Committee this week.

House Bill 5773, by Rep. Mike Mueller (R-Genesee), House Bill 5732, by Tommy Brann (R-Kent), and House Bill 5772, by Rep. David Martin (R-Genesee), would require that $15 million annually from the 4 percent excise tax on liquor go to SRP. At present, the fund receives a $10 assessment from civil infractions, so is dependent on the number of written traffic citations.

Rep. John Cherry (D-Genesee) offered an amendment to HB 5732 to send the $10 assessment on civil infractions to the Drug Treatment Court Fund instead. The amendment did not pass, though, as negotiations are ongoing with the State Budget Office on the use of those funds.

MAC supports these bills as they would create a more stable funding stream for sheriffs’ offices to support road patrols. MAC will continue to monitor the legislation as it moves to the House floor for consideration.

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

All set for the 2022 Michigan Counties Legislative Conference?

MAC and MCMCFC are wrapping up preparations for the 2022 Michigan Counties Legislative Conference that starts Monday, March 21 in downtown Lansing.

Registered attendees should have received an email this week on “Know Before You Go,” with various tips on parking, dining, conference venues, special events and more.

Gov. Gretchen Whitmer will be the conference keynoter, delivering prepared remarks and taking questions from MAC Board members on Wednesday morning, March 23.

The Tuesday slate of speakers is headlined by Denise Winfrey, first vice president of the National Association of Counties and a commissioner in Will County, Illinois.

PLEASE NOTE: On-site registration is available, both for the full conference or a single day.

See you in Lansing!

County MCFs need steady rate of state support, MCMCFC tells House panel

Michigan needs to extend the sunset on the current county maintenance of effort (MOE) rate for county medical care facilities (MCFs), so the rate remains capped and predictable, the executive director of the Michigan County Medical Care Facilities Council told legislators this week.

Renee Beniak testified in support of House Bill 5875, by Rep. Bronna Kahle (R-Lenawee), before the House Health Policy Committee, which Kahle also chairs. (Beniak’s testimony begins at the 50-minute mark of the video.)

The bill provides an extension to the MOE freeze until 2025, or until the Michigan Department of Health and Human Services (MDHHS) implements a new reimbursement model, whichever is sooner.

Other organizations supporting the bill include MAC, the Health Care Association of Michigan and Leading Age Michigan. A committee vote on the bill could occur as early as next week.

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

Podcast 83 reviews state of play on county issues at State Capitol

In the latest live episode of Podcast 83 on Monday, March 14, host Deena Bosworth, subbing for Executive Director Stephan Currie, reviewed key county issues in play at the State Capitol with Meghann Keit-Corrion, governmental affairs associate.

Among them were the status of the water infrastructure supplemental spending bill, the debate over fuel tax cuts, broadband funding, federal budget politics and the bid to get reimbursements for the veterans property tax exemption.

To listen to the March 14 episode, click here, or visit MAC’s YouTube channel.

Due to the 2022 Michigan Counties Legislative Conference (March 21-23) and the Legislature’s spring break in early April, Podcast 83 is taking a hiatus from live episodes until Monday, April 11.

Look for information on future episodes in your April editions of Legislative Update.

State continues to shortchange public health, budget panel told

More state investment is vital for local public health, the head of the Michigan Association of Local Public Health (MALPH) told the House Appropriations Subcommittee for the Department of Health and Human Services this week.

MALPH Executive Director Norm Hess outlined the continued lack of state support for the essential local public health service budget line that funds a core set of basic public health services mandated by law. The Public Health Code requires the state to cover 50 percent of these services, with the remaining 50 percent covered by the local funding unit.

In 2018, however, the state contributed barely half of its required share.

Since then, the Legislature has increased funding to its current level OF $54 million, but that support is still nearly $24 million below the mandated level.

MALPH wants an additional $11.6 million in the FY23 state budget, followed by a $12 million bump in FY24, to get the state to its required contribution.

MAC supports this request and the principle of adequate funding for mandated local public health services, which, at minimum, should include full implementation of the 50/50 cost-sharing mechanism.

A full video of the session can be found here. (Hess’ comments begin at the 2-hour, 24-minute mark.)

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

NACo updates Capitol Hill situation on ARP ‘clawback’

The National Association of Counties provided the following update this week on the “state of play with Congress and the White House on a potential recission (or clawback) of ARP Recovery Funds for counties:

“While congressional leaders pulled the recent agreement for $11.5 billion in new COVID investment for testing and PPE with over $7 billion offset from the STATE portion of Recovery Funds, we are still watching closely and urging all counties to let their congressional delegations know how their counties are INVESTING these dollars in important community priorities.

“Below are important talking points, with more context:

Under the structure of the American Rescue Plan Act (ARP), which Congress passed in March 2021, counties are still scheduled to receive their second tranche of funding no earlier than ONE YEAR after they certified for their first tranche of funding. For most counties, this will occur in May 2022.
Unrelated to ARP, in the original FY22 omnibus spending package, there was a provision that was included to provide an additional $15 billion in COVID-19 funding for therapeutics and testing, with congressional demands to offset these new additional COVID funding. To pay for a portion of the relief, $7.055 billion of unobligated ARP Coronavirus State and Local Fiscal Recovery Funds (Recovery Fund) would be rescinded. This was eventually removed from the bill and did not occur.
- Under this original offset mechanism, the bill would first look to the second tranche of ARP funding for 31 states for the clawback, and if there was not enough to cover the portion, it would be a waterfall of different levels of government – territories are the second option, tribal governments the third option and counties and cities as the LAST AND FOURTH option. NACo was given assurances that there were enough unobligated monies at the state level to cover this potential requirement.
Although we avoided an ARP clawback with the omnibus package, we need to be aggressive in messaging how counties are making wise and timely investments to support our residents and economies. The consideration of how to invest these dollars and understand how they can best support our communities takes time.

Highlight county plans through NACo’s Untold Stories campaign
Work with local news and use NACo’s media toolkit

We need to remind our federal partners of the Treasury certification process and steps for implementation and distribution of dollars:

Although the ARPA was signed into law in March 2021, the U.S. Department of Treasury did not stand up the Coronavirus State and Local Fiscal Recovery Fund program until May 10, 2021, with the Final Rule only issued at the end of December 2021.
The first report (Interim Report) was due on Aug. 31, 2021. Only counties that had certified for funds by July 15, 2021, were required to submit a report. Any county that certified after that date could submit a report 60 days after receiving dollars (beyond the Aug. 31, 2021, deadline).
Therefore, despite 99 percent of counties now certified, the first wave of reports did not capture the amount counties have obligated and/or spent.
Beyond the certification process, counties did not rush to invest funds for non-emergency uses to ensure coordination with state and local partners when allocating dollars to support residents and communities.
County boards are moving wisely to approve plans and then work with internal and external partners to allocate funds.

“Future data from Project and Expenditure Reports due on Jan. 31, 2022, and April 30, 2022, will better capture the true investments made with Recovery Funds.”

For questions on this issue, contact Executive Director Stephan Currie at scurrie@micounties.org.

March 29 webinar to focus on broadband coverage

Connect Michigan, a nonprofit working with the state to engage in a comprehensive broadband planning and technology initiative as part of a national effort to map and expand broadband, will host a webinar on March 29 on the new Michigan Broadband Infrastructure and Validation project.

The project goal is to collect and update data and maps of broadband services. The project will identify the location of broadband-related infrastructure that can deliver high-speed access throughout Michigan and help the state guide the use of its share of broadband funding under the federal Infrastructure Investment and Jobs Act.

For information, contact Hannah Sweeney at sweeney@micounties.org.

Registration is open for 2022 NACo conference in Colorado

Please join county elected and appointed officials from across the country in Adams County, Colo., for the National Association of Counties (NACo) 2022 Annual Conference & Exposition. The conference is the premier national opportunity for counties to exchange cutting-edge practices, elect the association’s leadership and shape NACo’s federal policy agenda for the year ahead.

The conference run is July 21-24. Click here to register.

This year’s conference is headquartered at Gaylord Rockies Resort & Convention Center in Aurora, Colo. Committee meetings, educational workshops, general sessions, registration and the exhibit hall will be held here unless otherwise noted.

Special rates have been secured, but you must first register for the conference before booking your room. In addition to the headquarters hotel, several nearby hotels are also available at various price points. Click here for more details on housing.

Conference registration rates start at $530.

MAC will host an event at the conference for Michigan attendees.

Rooms in the hotel blocks are reserved for registered attendees. Negotiated rates will expire on June 24 or when the blocks sell out. Reservation instructions are available AFTER you register and will be included in your registration confirmation email.

Staff picks

How state broadband offices are spending federal funds (Governing magazine)
Budget trade-offs and the price of tax relief (Citizens Research Council)
Borrowing is getting more costly: What interest rate rise means for Michigan (Bridge magazine)
Changes to no-fault auto insurance reforms stall out for legislative session (Michigan Advance)

Legislative Update 3-4-22

March 4, 2022Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

MAC, allies continue push to block mental health privatization

Senate bills that would privatize the state’s mental health system remain on the Senate floor, as MAC and other organizations work to defeat the legislation, which is strongly backed by Senate Majority Leader Mike Shirkey (R-Jackson).

The Senate placed Senate Bills 597-598 on the general orders calendar on Wednesday and adopted an updated version, but that has not changed MAC’s opposition — nor that of other opponents. MAC remains opposed to altering our public mental health system by giving financial control and decision-making powers to private insurance companies.

County elected officials, mental health advocates, labor and religious organizations and others continue to express great concern with the proposed policy change. More than half of Michigan’s counties have approved resolutions sharing great concern with the Senate bills, which could devastate services to thousands of individuals and their families who depend on the public behavioral health system for daily and lifelong supports.

In addition to the policy bills, Senate Bill 714, also introduced by the Sen. Shirkey, received an updated version that would increase spending from $350 million to just shy of $540 million. A $15 million fund shift from local funds to the state general fund for Medicaid mental health services is included, but it’s tied to whether SBs 597-598 become law.

Please continue to reach out to your senator directly with MAC’s advocacy tool and share information from MAC and our allies:

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

House sends local pension grants bill to Senate

Legislation that would provide grants to local pension systems passed the Michigan House of Representatives on Tuesday with a 71-33 vote. House Bill 5054 would provide $1.15 billion in grants to local governmental units to bolster their pension programs.

Specifically, HB 5054 would provide $900 million in grants up to $100 million per local unit that currently have pension plans funded at 60 percent or less. Strings attached to this grant program would include:

Making all actuarially determined contributions
A freeze on any contractual benefit enhancements for 10 years
Maintaining discount rates and assumed rates of return
Adoption of the most recent mortality tables
Agreement to be subjected to corrective action plans for 5 years

In addition to the $900 million, the HB 5054 provides $250 million in a grant program for those local units funded above 60 percent. The maximum award in this category could not exceed 5 percent of available funds and would come with the following strings attached:

Pre-fund any retiree health care
Make all actuarially determined contributions
Maintain discount rates and assumed rates of return
Adoption of the most recent mortality tables
Grants applied first to pension systems so that they system is 100% funded

For those units already funded at 100 percent, grants from the $250 million account could be used for principal payments on any outstanding debt obligations or, if the unit has zero debt, for infrastructure investments.

These funds would come from the state General Fund surplus and not from federally allocated COVID relief funds.

MAC is still reviewing the benefits to counties and the potential interactions with bargaining rights.

The bill now moves to the Senate Appropriations Committee.

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

Property tax reimbursement bills clear Senate committee

Long-needed legislation to reimburse local governments from property tax losses due to an exemption for veterans moved to the Senate floor this week.

The Senate Finance Committee voted out this week Senate Bill 783 and Senate Bill 784, by Sen. Jon Bumstead (R-Newaygo), which would establish a refundable income tax credit program, payable to the local governments in the amount of the property tax exemption. This approach would finally reimburse local governments from their property tax losses associated with the exemption without requiring any additional steps for eligible disabled veterans.

The bills have broad support from veterans’ organizations, MAC and other local government organizations. The Michigan Department of Treasury, however, currently opposes the bills.

The bills now move to the Senate floor.

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

Early-bird pricing extended for conference, but time is running out to register!

MAC has extended early-bird pricing for county leaders to attend the 2022 Michigan Counties Legislative Conference to March 15. This means you can attend all conference events over the three-day run (March 21-23) for just $395.

Click here to start your registration process.

Gov. Gretchen Whitmer will keynote the conference, addressing a plenary session on Wednesday, March 23.

The 2022 event, co-hosted by the Michigan Association of Counties and the Michigan County Medical Care Facilities council, also will feature:

A plenary session address by Larry Johnson, president of the National Association of Counties
A MAC Legislative Update, led by Deena Bosworth, director of governmental affairs
Remarks from MAC President Phil Kuyers of Ottawa County and Executive Director Stephan Currie
Breakout sessions on current challenges for county leaders, including workforce development, the Open Meetings Act, trends in mobility on Michigan roads, American Rescue Plan spending and how to deal with stress in these stressful times
A Legislative Reception on the evening of Tuesday, March 22, during which MAC will present its County Advocate Awards for legislative service in 2021

The conference will be an in-person event, though MAC plans to livestream select breakout sessions on Facebook.

Your conference registration fee provides access to all conference events, snacks at the Radisson Hotel on Monday afternoon, the Legislative Reception with appetizers and beverages, two breakfasts at the Lansing Center (Tues-Wed), lunch on Tuesday at the Lansing Center and a boxed lunch on Wednesday you can take with you on your journey home.

Commissioners who attend the conference will receive credit in MAC’s County Commissioner Academy.

The Michigan County Medical Care Facilities Council (MCMCFC) has its own specialized workshops with members that offer Continuing Education credits.

Next Podcast 83 live session is Monday, March 7

MAC’s Podcast 83 team will again be gathering for a live broadcast, this time on Monday, March 7 at 4 p.m.

Among topics to be covered will be legislation to privatize Michigan’s locally controlled mental health system and the debate over income tax cuts in Lansing.

To join this session, which will include a Q&A segment, just use this Zoom link: https://us02web.zoom.us/j/82867692853.

A recording of last Monday’s live session is now available on MAC’s YouTube channel.

And, of course, you can find links and information on any prior Podcast 83 episode on its webpage.

State experts discuss opioid funds in MAC webinar

County leaders were briefed Wednesday by state officials on the latest information regarding money from the National Opioid Settlement during a MAC-sponsored webinar.

Assistant Attorney General Matt Walker and Dr. Debra A. Pinals of the Michigan Department of Health and Human Services presented during the webinar.

To see the slides from the webinar, click here.

MDHHS and the Attorney General’s Office also have advised MAC that they will be hosting an opioid settlement webinar series in April. More information will be provided once made available to MAC.

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

Bill filed to extend key funding policy for medical care facilities

A bill introduced this week would ensure the maintenance of effort (MOE) rate to support county medical care facilities remains capped and predictable. House Bill 5875, by House Health Policy Committee Chair Bronna Kahle (R-Lenawee), provides an extension to the MOE freeze until 2025, or until the Michigan Department of Health and Human Services (MDHHS) implements a new reimbursement model, whichever is sooner.

County MCFs are considered Class III providers serving as the state’s safety net for long-term care skilled nursing home beds. County facilities tend to have a larger Medicaid population than other providers and in order to support that higher caseload, a higher Medicaid rate is available. In 1980, the state established the MOE tax as a way to bring in more federal money to the Medicaid system. This reimbursement system is a mutually beneficial partnership between the state and counties with county medical care facilities by reducing the state’s share of paying out Medicaid dollars, while, at the same time, maintaining the amount of money the counties approve to support their facilities.

The current sunset on the MOE is in December of this year, so an extension is a priority for the Michigan County Medical Care Facilities Council. MCMCFC is greatly appreciative of Rep. Kahle’s support of this legislation and will encourage swift legislative action.

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