U.S. Treasury issues final rule for State & Local Fiscal Recovery Funds Program
On Thursday, the U.S. Department of the Treasury issued the Final Rule for the State and Local Fiscal Recovery Funds (SLFRF) program, enacted as a part of the American Rescue Plan, which delivers $350 billion to state, local, and Tribal governments to support their response to and recovery from the COVID-19 pandemic.
Click here to view the final rule text. Click here to view a user-friendly overview of the major provisions of the final rule.
Treasury hosting webinars to review the rule and field questions from local officials. Click on the date to register:
There are capacity limits for these sessions, but Treasury will record them and post for later viewing.
To date, Treasury has distributed more than $245 billion to state, local, and Tribal governments as a part of the SLFRF program. Recipients of funds were encouraged to begin using funds under the interim final rule, which was released in May 2021. A recent analysis by the Center on Budget and Policy Priorities found that state governments have appropriated nearly 70 percent of their available funds as of November 2021.
The final rule, which takes effect on April 1, 2022, provides state and local governments with increased flexibility to pursue a wider range of uses, as well as greater simplicity so governments can focus on responding to the crisis in their communities and maximizing the impact of their funds.
The final rule provides additional clarity and flexibility for recipient governments, including:
- First, Treasury has expanded the non-exhaustive list of uses that recipients can use to respond to COVID-19 and its economic impacts — ensuring states and localities can adapt quickly and nimbly to changing public health and economic needs. This includes clarifying that recipients can use funds for certain capital expenditures to respond to public health and economic impacts and making services like childcare, early education, addressing learning loss, and affordable housing development available to all communities impacted by the pandemic.
- Second, Treasury has expanded support for public sector hiring and capacity, which is critical for the economic recovery and in maintaining vital public services for communities.
- Third, Treasury has streamlined options to provide premium pay for essential workers, who bear the greatest health risks because of their service in critical sectors.
- Fourth, Treasury has broadened eligible water, sewer, and broadband infrastructure projects — understanding the unique challenges facing each state and locality in delivering clean water and high-speed broadband to their communities.
- In addition to these expansions, Treasury has greatly simplified the program for small localities — many of whom have received a historic federal investment in their communities through this program – including through the option to elect a standard allowance for revenue loss rather than calculating revenue loss through the full formula.
For more information, visit Treasury’s SLRF page.
Vaccine mandates loom as Supreme Court hears arguments
The U.S. Supreme Court was holding oral arguments today on both: (1) the federal government’s emergency applications to stay the Missouri and Louisiana District Court injunctions judicially enjoining the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate in 25 states, and (2) the challengers’ emergency applications to re-impose the stay of the OSHA Emergency Temporary Standard vaccine/testing mandate that had been dissolved by the 6th U.S. Circuit Court of Appeals on Dec. 17, 2021.
In the meantime, CMS intends to enforce the CMS Mandate in the 25 states, where the CMS mandate is not presently enjoined, but with modified compliance dates. Facilities in those states, including Michigan, must now:
- (1) comply with Phase 1 of the CMS mandate, i.e., staff at all health care facilities included within the regulation must have received, at a minimum, the first dose of a primary series or a single dose COVID-19 vaccine prior to staff providing any care, treatment or other services for the facility or its patients, by Jan. 27, 2022; and
- (2) comply with Phase 2 of the CMS mandate, i.e., staff at all health care provider and supplier types included in the regulation must complete the primary vaccination series or have obtained an exemption, by Feb. 28, 2022.
Employers may take a wait and see approach but are also encouraged to act in good faith to prepare a roster of vaccinated employees.
The firm of Cohl, Stoker & Toskey, P.C. (CST) also noted to MAC that MIOSHA has not acted on the OSHA requirement yet (they could be waiting for the outcome of this litigation) but that could happen and there will be an implementation window (e.g. 7-14 days).
Link to model policies: https://www.osha.gov/coronavirus/ets2. CST suggest counties look at “Implementation; Policy Templates” and then “Vaccination or Testing and Face Covering Sample” since it is most is line with what the firm expects MIOSHA to do.
MAC will update members as the litigation dictates.
Deadline to register for opioid settlement payments moved to Jan. 26
The deadline for eligible local governments to voluntarily participate in two historic opioid settlements has been extended to Jan. 26, Michigan Attorney General Dana Nessel’s office announced this week.
The state of Michigan formally signed on to the proposed multibillion-dollar national settlements in August, which is with Johnson & Johnson and the three largest pharmaceutical distributors in the country: Cardinal Health, McKesson, and AmerisourceBergen. Michigan is positioned to receive nearly $800 million over 18 years.
Based on the settlement terms, there are 277 local units of government eligible to participate in Michigan. Each of Michigan’s counties are part of that 277 total.
To confirm your county’s registration status, visit this state page. The document reflects two status columns because there are two settlements. The estimate noted for each subdivision reflects the total anticipated amount if the subdivision elects to participate in both settlements.
The document also notes the direct payments each subdivision is estimated to receive if the voluntary participation process is completed.
Eligible governments can email AG-OpioidLitigation@michigan.gov for help with the process.
Reminder: Rules for open meetings changed on Jan. 1
Public meetings in Michigan governed by the state’s Open Meetings Act (OMA) are now under more restrictive rules on remote participation, as of Jan. 1, 2022. This means that commissioners cannot participate in a county board session as a voting member via electronic means, with only one narrow exception.
MAC continues to work in Lansing to get pre-pandemic OMA rules back in place which would allow remote voting if a quorum is physically present.
As detailed in a memo from the law firm of Cohl, Stoker & Toskey, P.C., the permissive rules for remote participation granted under Public Act 254 of 2020 expire at the end of 2021. At that point, the only way a commissioner can participate remotely as a voting member is if the member must be physically absent due to military duty.
Boards, of course, can continue to livestream their public sessions. And commissioners who cannot be physically present can utilize remote means to listen to the meeting, but they cannot participate or vote as part of the board.
The memo reminds county boards to ensure their board rules, procedures and by-laws are modified to be consistent with the Open Meetings Act.
Jan. 19 webinar reviews Michigan’s new redistricting process
A University of Michigan webinar on Jan. 19, “Michigan redistricting: A model for the nation? Evaluating the state’s new maps and process,” will review the state’s new process for drawing congressional and legislative districts, as mandated by Michigan voters via a constitutional amendment passed in 2018.
The webinar is conveniently timed for busy citizens, as it runs from 7 p.m. to 8:30 p.m. on Jan. 19.
“Michigan has brand new electoral maps designed through an innovative new process, and the state’s politics will never be the same,” wrote the webinar host, the Center for Local, State and Urban Policy (CLOSUP). “This webinar will analyze and evaluate Michigan’s new redistricting approach and new maps. The discussion will offer a national perspective, comparing Michigan’s new approach of an Independent Citizens Redistricting Commission with approaches in other states. Will Michigan’s new model inspire reform in other states?”
Final chance to speak on health IT needs is Jan. 26
The last listening session in a two-year process on health informational technology needs will be held on Jan. 26 from 1 p.m. to 2:30 p.m.
The Michigan Department of Health and Human Services (MDHHS) has led a listening tour that has engaged with more than 500 stakeholders and 300 organizations for the Health IT Commission’s five-year strategic plan. This health IT strategic planning document, called the Bridge to Better Health report, compiles findings from stakeholder engagement, cross-sector recommendations and commission strategy into one comprehensive report. Over the next five years, the report will guide public, private and collaborative strategy and investments in health IT, MDHHS said.
Please visit the Health IT Commission webpage for more information on the event and how to access it.
MACPAC raises almost $10,000 in 2021 from nearly 90 donors
The Michigan Association of Counties Political Action Committee, MACPAC, collected $9,839 from 86 donors in 2021, according to unofficial results tallied in late December.
Since 2008, MACPAC’s annual fundraising has ranged from $8,171 (2015) to $18,725 (2020).
MACPAC is the best way for you to protect your county’s best interest in the state Legislature. MACPAC supports legislators who have a record of protecting local control, supporting full payment for mandated services and reducing the burden the state has placed on counties.
Other details from 2021 include:
- Total number of donors: 86
- Total number of counties with a donor: 50
- County with the most dollars donated: Newaygo ($1,025)
- County with the most donors: Ottawa (5)
- County with highest percentage of board members donating: Marquette – 50%
- Single largest donor: Commissioner Jack Shattuck of Ionia
- Please note that these figures may not reflect donations sent at the end of 2021 that may not have reached or been processed by MAC prior to Jan. 1, 2022.
MAC thanks all county leaders who contributed to MACPAC.
NACo webinar takes look at behavioral health crisis on Jan. 11
A new webinar from the National Association of Counties (NACo), “Before and After a Behavioral Health Crisis: Building a Continuum of Care,” will run from 2 p.m. to 3 p.m. on Jan. 11. For details and to register, click here.
“Counties across the country are building multidisciplinary teams and using key data elements to prevent and better address mental health and substance use disorder crises outside of the criminal legal system,” NACo wrote. “Building an effective care continuum targets the root causes of a behavioral health crisis by investing in comprehensive and accessible prevention, treatment, and real-time intervention. With almost one in four adults in the United States living with a mental health condition, substance use disorder or both, county leaders recognize the urgency to find innovative approaches to balance community behavioral health needs and law enforcement response in a time of crisis. This discussion will provide key resources on the importance of a continuum of care and feature lessons learned from counties working to reduce barriers to behavioral health for its residents.”
Staff picks
- Michigan schools hiring hundreds of mental health staffers (Associated Press)
- U.S. population growth has nearly flatlined, new census data shows (Brookings Institution)
- Blight in Michigan: Not just a big-city problem (Citizens Research Council of Michigan)
- Looking back at 2021 in state and local government (RouteFifty)
Bills for 4-year terms signed into law
The huge House majority in favor of 4-year terms for county commissioners is reflected on the chamber’s voting board.
Starting in 2024, candidates in Michigan for county commissioner will run for 4-year terms, as Gov. Gretchen Whitmer has signed new term legislation: Public Acts 121-122 of 2021.
The largest change affecting county commissioners since 1968 is the result of Senate Bill 242, by Sen. Ed McBroom (R-Dickinson), and SB 245, by Sen. Jeremy Moss (D-Oakland).
Since 1968, voters in Michigan have elected county commissioners to two-year terms from geographic districts. Michigan has been one of only five states that has required two-year terms for all commissioners, even though all other elected county offices have four-year terms.
“We are immensely pleased to end 2021 on such a high note,” said MAC Executive Director Stephan Currie. “Creating equality in terms for commissioners has been a MAC goal for many years; I’m so proud of our advocacy team for their work on this, ably assisted by MAC Board directors and members.”
Federal court clears way for vaccine mandate; legal advice is ‘plan’
A Biden administration rule that requires workers at companies with 100 or more employees to be vaccinated against COVID or undergo weekly testing was restored last Friday via a decision by the 6th U.S. Circuit Court of Appeals.
The rule was blocked on Nov. 6, just one day after it was formally issued by the federal Occupational Safety and Health Administration.
Counties are advised to begin or continue planning with their legal counsel to comply with the restored rule, MAC was told by the firm of Cohl, Stoker & Toskey.
“Michigan as a State Plan has not yet adopted the OSHA ETS, as is required for it to be effective in Michigan,” the firm noted. “It is also our understanding that OSHA will not issue citations for noncompliance with any requirements of the ETS before Jan. 10, 2022, and will not issue citations for noncompliance with the standard’s testing requirements before Feb. 9, 2022, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. Further, the lifting of the stay of enforcement (by a 2-1 majority of the Sixth Circuit panel) is not a ruling on the merits of the case. Finally, several states intend to seek further relief from the U.S. Supreme Court, which could be forthcoming very soon by a sole justice (Kavanaugh for the 6th Circuit) or by the whole court.”
In addition to the vaccine and testing requirements, the rule requires companies to determine who among their workers are vaccinated and who are not, and to enforce a mask mandate for unvaccinated workers.
Governor signs bill to continue 9-1-1 funding
Ticking off another item on MAC’s legislative priorities for 2021, Gov. Gretchen Whitmer signed House Bill 5026 into law. The bill amends the Emergency 9-1-1-Service Enabling Act to continue funding until Dec. 31, 2027. The bill will also streamline 9-1-1 system capabilities, increase the prepaid wireless 9-1-1 surcharge and make other changes to improve the 9-1-1 system.
“Maintaining and expanding public safety is a responsibility of our government,” said Whitmer in a statement. “When an emergency occurs, our state’s first responders are ready to take action. Funding our state’s critical 9-1-1 services is necessary to equip our state in times of need.”
House Bill 5026, now Public Act 126, was sponsored by Rep. Julie Calley (R-Ionia), and a copy can be found here.
MAC thanks the Legislature and governor for passing and enacting this bill before the 2021 year-end deadline to continue 9-1-1 funding.
Treasury releases FY22 actuarial information for counties
Actuarial assumptions for local governments with defined benefit plans were released this week by the Michigan Department of Treasury.
“A key component of the Protecting Local Government Retirement and Benefits Act (Public Act 202 of 2017) requires the State Treasurer to annually establish uniform actuarial assumptions for local governments in Michigan who offer a defined benefit retirement system(s) (pension or retirement health care),” Treasury said in a statement.
Fiscal Year 2022 Uniform Assumptions
This document provides the rationale for how the assumptions are determined, as well as a table that provides a summary of the relevant changes.
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.
Legislature sets up future funding crisis on Personal Property Tax
MAC joined with other local government groups this week to urge the Legislature to address the consequences of a massive Personal Property Tax exemption which lawmakers rushed through Lansing in a late-night session on Tuesday.
While the Legislature voted for House Bill 5351 without a clear understanding of its effects on local governments, estimates of the impact are as high as $75 million each year. This results through the bill’s lifting of the PPT exemption threshold for small taxpayers from $80,000 to $180,000 in true cash value.
Lawmakers did also vote for a $75 million reimbursement for the first year of this exemption scheme (which starts in 2023), but they did not provide for the years beyond. As the statement from MAC, the Municipal League and the Michigan Townships Association said, “(T)he ongoing erosion of funding that supports local services will be permanent unless the Legislature and the governor fulfill their commitment to find revenue replacements.”
While MAC is not arguing against efforts to combat the economic effects of the COVID-19 pandemic, it will push lawmakers to permanently replace funds from what has been counties’ most reliable and most relied upon revenue source.
HB 5351 now moves to the desk of Gov. Gretchen Whitmer, who is expected to sign it.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Jail diversion bills sent to governor
Two MAC-backed bills that create grant programs that would help support local efforts to promote jail diversion and community mobile crisis intervention services cleared the Legislature this week and are on the way to the governor’s desk.
Senate Bills 637 and 638, by Sen. Stephanie Chang (D-Wayne) and Sen. Rick Outman (R-Montcalm) respectively, would create the programs through the Department of Health and Human Services (DHHS).
Under SB 638, the behavior health jail diversion grant will provide funds to local units of government to establish or expand behavioral health jail diversion programs in coordination between community agencies and law enforcement agencies.
Under SB 637, the community crisis response grant will distribute grants to local units of government for the purpose of establishing or expanding community-based mobile crisis intervention services and give priority to grant applications that demonstrated a commitment to certain best practices.
The state’s FY22 DHHS budget included $5 million for the Jail Diversion Fund, which is also created under this legislation. MAC supported the bills and supports diversion programs that seek to reduce the number of individuals with mental illness being housed in our county jails.
For questions, contact Meghann Keit-Corrion at keit@micounties.org.
Governor creates council to study medical care facility issues
A new state council, which will identify, review, develop and recommend policies, administrative actions, legislative changes and other approaches to support high-quality nursing home care, was created this week through Executive Order by Gov. Gretchen Whitmer.
The Michigan Nursing Home Workforce Stabilization Council (NHWSC). According to the order, the council will be housed within the Michigan Department of Health and Human Services and comprised of state department directors, representatives from the nursing home workforce, representatives of nursing home employers and nursing home residents.
Specifically, the order requires five representatives of nursing home employers, including at least one representative a nursing home administered by a county government.
The full EO can be found here. Applications to the council are due by Jan. 7, 2022.
For questions on this issue, contact Meghann Keit-Corrion at keit@micounties.org or Renee Beniak at renee@mcmcfc.org.
MAC announces office schedule for holiday break
MAC announced this week its office hours for the upcoming holiday break.
MAC offices will be closed on the following dates to celebrate the Christmas and New Year’s holidays: Dec. 23 (closed noon to 5 p.m.); Dec. 24; Dec. 27; Dec. 30; and Dec. 31.
MAC will be open on Dec. 28 and 29 from 9 a.m. to 3 p.m.
Regular office hours resume on Monday, Jan. 3.
Executive Director Stephan Currie and the staff at MAC wish you and your families a safe and pleasant holiday season.
Treasury releases details on first responder grants
The Michigan Department of Treasury announced on Wednesday, “In an effort to help local units of government address critical needs in recruiting and training first responders, Gov. Gretchen Whitmer signed Public Act 87 of 2021 that appropriates $5 million to create the First Responder Training and Recruitment Grant Program.
“All Michigan cities, villages, townships, counties or fire authorities are eligible to apply for a grant up to $100,000 related to first responder training and recruitment. First responders are police officers, firefighters, Emergency Medical Technicians (EMTs), paramedics and local unit of government corrections officers.
“The Michigan Department of Treasury will be working directly with local units of government and other local government partners to implement this grant program.
“Key items for local units of government to remember:
- A completed application with detailed information must be received by the Michigan Department of Treasury on or before Feb. 15, 2022.
- The governmental unit must demonstrate how budgeted costs directly relate to recruitment or training of first responders.
- Priority will be given to projects that will be completed by Sept. 30, 2022.
- Projects are funded on a reimbursement basis.
- $2 million will be designated for communities with a per capita property taxable value of less than $15,000, with the remaining funds awarded based on a review of applications and the determination of the effective use of and need for the grant funds.
“During the application review process, applicants may be contacted for clarification. The Michigan Department of Treasury reserves the right to award funds for an amount other than requested.
“Applications will be selected for funding by the Michigan Department of Treasury based on program purpose, eligibility and criteria. Projects are funded on a reimbursement basis.”
To learn more about the First Responder Training and Recruitment Grant Program, go to Michigan.gov/FRG. Questions should be directed to TreasLocalGov@michigan.gov.
NACo now accepting interim policy resolutions for 2022 Legislative Conference
In preparation for the National Association of Counties (NACo) 2022 Legislative Conference, held in Washington D.C. on Feb. 12-16, NACo members are invited to submit interim policy resolutions.
The NACo resolutions process provides members with the ability to participate in national policy decisions affecting county governments. During the Legislative Conference, NACo’s ten policy steering committees and Board of Directors consider legislative and policy resolutions that will guide NACo advocacy until the NACo Annual Conference in July 2022.
Interim policy resolutions provide an opportunity for members to address policy issues at the Legislative Conference that were not discussed at the previous Annual Conference. Interim resolutions may not overturn existing policy resolutions, and will expire at the 2022 Annual Conference in Adams County, Colo.
The American County Platform and the association’s policy resolutions are carefully considered statements of the needs and interests of county governments throughout the nation. These policy statements serve as a guide for NACo members and staff to advance the association’s federal policy agenda before Congress, the White House and federal agencies. Please refer to the comprehensive overview of NACo’s policy resolution process here.
Celebrate your county’s innovations in 2022 NACo Achievement Awards
Applications are now open for the National Association of Counties (NACo) 2022 Achievement Awards. Please join us in celebrating 52 years of county innovation by applying today.
Since 1970, the NACo Achievement Awards have recognized outstanding county government programs and services. Through a non-competitive application process, noteworthy programs receive awards in 18 categories that cover a vast range of county responsibilities. By participating, your county can earn national recognition.
NACo will highlight the 18 “best of category” winners, as well as feature all winners in NACo materials and online. We also provide a customizable press release for you to share the good news with the media and residents.
Early Bird Application Deadline: March 4, 2022 (save $25 off the application fee)
Regular Application Deadline: March 31, 2022
For more information, please review the Achievement Awards online brochure, or email awards@naco.org with any questions.
Staff picks
- Which states have plans for broadband funds? (Governing)
- A pandemic silver lining: Public meetings have become more public (Route Fifty)
- TRANSFORM911 for public health, justice, and safety (University of Chicago Health Lab)
- Authorities warn Wayne County residents of jury duty scam call (CBS Detroit)
House to vote on 4-year terms next week
MAC continues to urge county commissioners to reach out to their House members to convey their support for two bills that will reinstate county commission terms to four years from the current two- year term.
Michigan is only one of five states in the nation with two-year terms, which was statutorily changed by the legislature in the 1960’s. All other county offices carry a four-year term, the same holds true for township offices.
In an era where critical decisions are made by commissioners, now is the time to recognize the importance of a consistent government structure built on institutional knowledge, public service and accountability to our residents.
SB 242, by Sen. Ed McBroom (R-Dickinson), and SB 245, by Sen. Jeremy Moss (D-Oakland), are tentatively scheduled for final passage in the State House next week after receiving committee approval in early November. The bills have already passed the Senate with an overwhelming majority.
Please express your support for four-year terms by utilizing our MAC’s digital advocacy tool which will send a prewritten email of support for Senate Bills 242 and 245 to your representative.
MAC also thanks the counties whose boards have passed resolutions of support: Allegan, Alpena, Bay, Berrien, Cheboygan, Chippewa, Clinton, Crawford, Delta, Dickinson, Emmet, Genesee, Houghton, Huron, Ionia, Isabella, Lenawee, Macomb, Manistee, Marquette, Mecosta, Missaukee, Newaygo, Oceana, Ogemaw, Ontonagon, Oscoda, Sanilac, Van Buren, Washtenaw, Wayne and Wexford. If your county has passed a resolution of support, but is not listed here, please contact Hannah Sweeney at sweeney@micounties.org.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
MAC Board members, staff urge legislators to act on ARP funding
Rep. Beth Griffin meets with MAC on Nov. 30 to discuss the Prosperity Roadmap. Seated (l-r) are Stan Ponstein of Kent, Phil Kuyers of Ottawa, Deena Bosworth and Jim Storey of Allegan.
Led by MAC Board President Phil Kuyers of Ottawa County, a MAC contingent joined a Lobby Day at the State Capitol on Tuesday in support of the Prosperity Roadmap proposed by the Coalition for a Strong and Prosperous Michigan.
MAC would like to thank the following board members for spending the day advocating in Lansing for the swift appropriation of federal funds as detailed in our Prosperity Road Map: President Phil Kuyers, Immediate Past President Veronica Kleinfelt. First Vice President Stan Ponstein, Second Vice President Eileen Kowall, Director Jim Storey, and Director Melissa Daub.
The goal of the Coalition is to encourage the Michigan Legislature and Whitmer administration to work swiftly to appropriate Michigan’s $6.5 billion in American Rescue Plan (ARP) funds.
MAC is asking all county leaders to join us in advocacy and contact their state representative and state senator using the tool here to encourage them to embrace the Prosperity Roadmap and remind them why we cannot delay investing in our communities.
The longer Michigan delays in investing our ARP allocation, the further we fall behind our neighbors. Projects will take more time to initiate, and the eventual overall impact of our investments will be less. We don’t have the time to wait for an ideal situation to act on investment for our communities — the moment is now.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
House committee OKs $308M bill for first responder spending
In bipartisan fashion, the House approved a $368.5 million public safety supplemental spending bill thi
s week. Of the total, nearly $213 million is from the state General Fund and the other $155 million from the state allocation of the American Rescue Plan funds. House Bill 5522, by Rep. Mike Mueller (R-Genesee), largely focuses on law enforcement recruitment and retention, as well as first responder mental health funding:
- $57.5 million to incentivize out-of-state officers to move to Michigan; the grant funds have various provisions such as:
- paying for 2 years of a maximum contribution into health savings accounts
- if the officer is not vested in the defined contribution plan, cover the forfeited employer contribution due to relocation
- reimburse fees they paid for hunting and/or fishing licenses and recreation passports
- law enforcement agencies that have a vaccine mandate policy will not be eligible to receive grant funding
- $7.5 million in grants for behavioral health providers for services to first responder an public safety staff
- $10 million for public safety retention bonuses up to $5,000
- $5 million for fire and EMS retention bonuses up to $5,000
- $10 million in grant to local community policing programs
- $10 million to grant signing bonuses, up to $5,000, for new or out-of-state officers and first responders
- $11 million in grants for local public safety body-worn camera programs
The House increased funding to the committee-passed version for school resource officers from $10 million to $50 million in the wake of the shooting this week at Oxford High School.
More details are outlined here on the proposal that now heads to the Senate for review.
Senate passes extension of 9-1-1 sunset
The Senate passed, with a unanimous vote, an extension of the sunset on 9-1-1 enabling act and the state surcharges that help to fund this critical public safety service.
House Bill 5026, sponsored by Rep. Julie Calley (R-Ionia), would act as budget implementation for a $16 million one-time appropriation in FY22 to the state 9-1-1 fund to fill a hole created by prepaid revenue coming in lower than expected. The appropriation allowed the fee for postpaid (contract) phones to remain at 25 cents. Beginning March 1, 2022, prepaid phone fees would increase from 5 percent to 6 percent to ensure equity among revenue sources.
Additionally, the bill includes a review of prepaid fee revenue by Treasury to determine why prepaid phone revenue has been lower than expected. It also has a mechanism to trigger a roll back in fees if revenue is higher than expected.
MAC strongly supports this legislation and appreciates Rep. Calley’s leadership and the swift action of the Legislature to ensure an extension prior to the year-end deadline. The bill will now go before the Governor for final signature.
For more information on this issue, contact Meghann Keit-Corrion at keit@micounties.org.
House grants Secondary Road Patrol annual waiver 
An annual waiver for secondary road patrol (SRP) was granted by the House this week under House Concurrent Resolution (HCR) 14, sponsored by Rep. Sarah Lightner (R-Jackson).
HCR 14 would waive the maintenance of effort (MOE) requirement mandated for county sheriff’s departments as a condition of receiving funding under the SRP Program for FY 2021-22. To be eligible to receive SRP grants, each county must satisfy a maintenance of effort requirement established as the number of county-funded road patrol deputies employed on October 1, 1978.
According to the House Fiscal Agency, the statewide MOE requirement is 1,043 FTE county-funded road patrol deputies, and during FY 2019-20 the actual number of county-funded road patrol deputies totaled 2,307.4, with 115 funded through SRP. While the total number of statewide county-funded deputies exceed the statewide MOE requirement, four counties (Branch, Iosco, Shiawassee, and Wayne) still fell below their individual MOE requirements, thus triggering the need for the legislative waiver.
The resolution would also waive the MOE requirement to allow cities and villages to receive road patrol services from the county sheriff’s departments, which would allow them to continue to achieve local cost efficiencies through those joint arrangements.
After years of needing the waiver, Rep. Tommy Brann (R-Kent) also introduced a more permanent solution under House Bill 5569. The bill would update the MOE requirement to be at levels on October 1, 1978, or October 1, 2021, whichever is less.
For more information or questions, please contact Meghann Keit-Corrion at keit@micounties.org.
Senate passes $3.3 billion water supplemental budget bill
Senate Bill 565, sponsored by Sen. Bumstead (R – Newaygo) unanimously passed the Senate this week, allocating over $3.3 billion for investment in water quality, water management, lead line replacement, and dam safety.
Specifically, the bill allocates funding for:
- Watershed planning $10 million
Culvert replacement $15 million- Clean water infrastructure $235 million
- Dam risk reduction revolving loan fund $650 million
- Drinking water program $400 million
- Emergency dam safety $30 million
- Failing septic system loans $35 million
- Great Lakes water authority $400 million
- Healthy hydration $85 million
- Lead service line replacement $1 billion
- PFAS remediation grants $100 million
- SAW grants $100 million
- Clean water infrastructure grants $200 million
The funding for these programs comes primarily from federal funds from the Coronavirus State Fiscal Recovery Fund, from the Infrastructure Investment and Jobs Act, the Great Lakes Water Quality Bond and $680 million in State General Fund.
Individually and as part of the Coalition for a Strong and Prosperous Michigan, we have been advocating for the movement of supplemental bills that will help our counties and communities tackle the many challenges they face in addressing water quality and water management. For more information about the Coalition advocacy efforts please see the MI Road Map.
The bill now heads to the House for consideration. MAC anticipates the bill will change based on different priorities of House members, but the ball is now rolling, and we are encouraged to see movement. The sooner the bill gets to the Governor’s desk, the sooner our counties can access funds to help with our water infrastructure.
For more information on this issue, please contact Deena Bosworth at bosworth@micounties.org
The Michigan Department of Treasury announces the next Chart Chat webinar
The Michigan Department of Treasury is pleased to announce our next Chart Chat webinar at 2 p.m. on Thursday, December 16, 2021.
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.
This Chart Chat webinar will cover:
- Requirements for Accepting Federal Funds
- Fiscal Indicators – A Recap of All Four and How They Work Together
- First Responders Grant Program
To register, please visit:
https://us06web.zoom.us/webinar/register/WN_5a_ki0onSvWK9R1_MI-umQ
We are currently accepting submissions for the questions and answers portion of the webinar. To submit a question, please email LAFD_Audits@Michigan.gov.
Correction: Michigan’s 83 counties will have 619 commissioners in 2023
Michigan’s 83 county governments will be led by 619 elected county commissioners after the 2022 elections, following decisions this fall by the county apportionment boards. The Nov. 19 Legislative Update had incorrect figures for Oceana County, which changed the total.
The new total is a decrease of 3 commissioners from the current roster of 622 commissioners established after the last census and apportionment process.
Eight counties increased the size of their boards for 2023. The biggest boost was 2 seats, done in 5 counties, including Kent County, which, at 21, will have the largest board in the state on Jan. 1, 2023.
Seven counties reduced the size of their boards, with the largest reduction in Antrim, which is going from 9 districts to 5. Oakland County, which currently has the state’s largest board at 21, reduced its board ranks to 19 for 2023. See full corrected list here.
Rules for open meetings revert to old form on Jan. 1
Public meetings in Michigan governed by the state’s Open Meetings Act (OMA) will revert to pre-COVID rules on Jan. 1, 2022. This means that commissioners cannot participate in a county board session as a voting member via electronic means, with only one narrow exception.
As detailed in a new memo from the law firm of Cohl, Stoker & Toskey, P.C., the permissive rules for remote participation granted under Public Act 254 of 2020 expire at the end of 2021. At that point, the only way a commissioner can participate remotely as a voting member is if the member must be physically absent due to military duty.
Boards, of course, can continue to livestream their public sessions. And commissioners who cannot be physically present can utilize remote means to listen to the meeting, but they cannot participate or vote as part of the board.
The memo reminds county boards to ensure their board rules, procedures and by-laws are modified to be consistent with the Open Meetings Act.
MDHHS expands Opioid Health Home services to additional counties
The Michigan Department of Health and Human Services (MDHHS) has expanded the Opioid Health Home (OHH) initiative to more Michigan counties to provide intensive care management and care coordination services for Medicaid beneficiaries with an opioid use disorder (OUD), a move applauded by MAC this week.
“The U.S. Centers for Medicare & Medicaid Services (CMS) recently approved Michigan’s State Plan Amendment (SPA) to expand its Opioid Health Home initiative into PIHP Regions 6, 7 and 10. The expanded SPA will allow thousands of Medicaid beneficiaries meeting the eligibility criteria to receive OHH services,” MDHHS reported.
A Health Home is a benefit awarded to Medicaid beneficiaries who have a diagnosed with an Opioid Use Disorder and reside within one of the following Prepaid Inpatient Health Plan (PIHP) regions/counties:
- PIHP Region 1 (counties in the Upper Peninsula)
- PIHP Region 2 (21 northern-most counties of the Lower Peninsula)
- PIHP Region 4 (specifically Calhoun and Kalamazoo Counties)
- PIHP Region 6 (Lenawee, Livingston, Monroe, Washtenaw)
- PIHP Region 7 (Wayne)
- PIHP Region 9 (Macomb County)
- PIHP Region 10 (Genesee, Lapeer, Sanilac, St. Clair)
“Individuals who meet the criteria are able to work with a team of providers who will attend to a beneficiary’s complete health and social needs. Participation is voluntary and enrolled beneficiaries may opt out at any time.”
“MAC supports additional and expanded services of this program, which has been extremely successful in many counties so far,” said Governmental Affairs Associate Meghann Keit-Corrion.
For OHH-specific information, including eligibility and available resources, visit Michigan.gov/OHH.
Staff picks
- State of Michigan highlights adoption process in Branch County (WTVB-AM)
- New Health Equity Project aims to significantly reduce health disparities for vulnerable residents in five Michigan counties (Center for Health and Research Transformation)
- Modernizing American infrastructure requires people and procurement, not just dollars (Brookings Institution)
- ACLU files federal lawsuit to ensure access to medication for opioid use disorder for people who are incarcerated (ACLU of Michigan)
Michigan’s 83 counties will have 619 commissioners in 2023 (corrected)
Michigan’s 83 county governments will be led by 619 elected county commissioners after the 2022 elections, following decisions this fall by the county apportionment boards. (The original version of this item had incorrect information for Oceana County.)
The new total is a decrease of 3 commissioners from the current roster of 622 commissioners established after the last census and apportionment process.
Eight counties increased the size of their boards for 2023. The biggest boost was 2 seats, done in five counties, including Kent County, which, at 21, will have the largest board in the state on Jan. 1, 2023.
Seven counties reduced the size of their boards, with the largest reduction in Antrim, which is going from 9 districts to 5. Oakland County, which currently has the state’s largest board at 21, reduced its board ranks to 19 for 2023. Click here for the corrected list by county.
Every 10 years, a county apportionment commission sets the number and boundaries of county commissioner districts based on the numbers from the federal census. The number of county commissioner districts is restricted by state law based on population ranges. No county may have fewer than 5 seats or more than 21 under a law last modified in 2011. (Exceptions to this are Monroe and Wayne counties due to the way they are organized. Source: Guide to Michigan County Government, Fifth Edition, MSU Extension.)
This is the sixth apportionment process since Michigan went to directly elected commissioners from geographic districts in 1968 and continues a multi-decade trend of reductions in board seats. Beginning with the first apportionment in 1972, the number of commissioner seats has steadily declined from 1,033 to the current 622. This occurred even though Michigan’s population grew over the same period from 8.88 million in the 1970 census to 10.1 million in the 2020 census.
Attorneys offer opioid update in MAC webinar
Attorneys involved with the national opioid settlements briefed MAC members Friday morning on the status of the settlement and how resulting payments to counties will be handled. MAC hosted the webinar, which included a Q&A session led by Governmental Affairs Associate Meghann Keit-Corrion.
Among key points made by attorneys Paul Novak, Mark Bernstein and Matthew Walker were:
- There is a deadline of Jan. 2 for counties to participate
- The Michigan-specific section of the settlement has a 50/50 state/local split
To view a recording of the webinar, click here. To see the slide deck used in the webinar, click here.
For more information on the opioid settlement, contact Meghann Keit-Corrion at keit@micounties.org.
Add your voice to the push for 4-year commissioner terms
MAC continues to urge elected county officials to speak out in favor of legislation to create four-year terms for county commissioners.
As of Friday morning, 95 members had utilized MAC’s digital advocacy tool to send a prewritten email of support for Senate Bills 242 and 245 to their representative.
SB 242, by Sen. Ed McBroom (R-Dickinson), and SB 245, by Sen. Jeremy Moss (D-Oakland), are now on the House floor after receiving committee approval in early November.
MAC also thanks the 31 counties whose boards have passed resolutions of support: Allegan, Alpena, Bay, Berrien, Cheboygan, Chippewa, Clinton, Crawford, Delta, Dickinson, Emmet, Genesee, Houghton, Huron, Ionia, Isabella, Lenawee, Macomb, Manistee, Marquette, Mecosta, Missaukee, Newaygo, Oceana, Ogemaw, Ontonagon, Oscoda, Sanilac, Van Buren, Washtenaw and Wexford.
MAC is urging the House to act on the bills once the Legislature returns from its current break at the end of November.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Counties can aid coalition work on prosperity plan with resolutions
As the campaign for the MI Prosperity Roadmap gains steam, MAC has developed a new tool for counties to use to support this plan for historic investments in Michigan’s public assets.
UPDATE: See commentary from coalition in Bridge magazine.
A resolution template is now ready for counties to use to tout the specifics of the Prosperity Roadmap developed by the Coalition for a Strong and Prosperous Michigan, of which MAC is a founding member.
MAC thanks the following counties, which have approved a resolution in support of a matching program for ARP funds: Alger, Barry, Chippewa, Delta, Huron, Isabella, Lake, Lapeer, Mecosta, Sanilac, Missaukee, Genesee and Menominee.
The clock is ticking, said MAC’s director of governmental affairs. “The time to reach out to legislators asking them to act is now,” Deena Bosworth emphasized. “The scope of local projects could drastically change if the state were to partner with us to improve our communities. We don’t want to be the last state to get money out the door; we will lose available labor to those states that are acting quickly.”
MAC staffers continue to meet with legislators to explain the plan to leverage state American Rescue Plan funds to invest in five key areas.
Be sure to visit MAC’s Prosperity Roadmap page for all the latest news on this effort.
For questions, contact Deena Bosworth at bosworth@micounties.org.
Registration opens for 2022 NACo Legislative 
Conference
Registration is now open for the 2022 National Association of Counties (NACo) Legislative Conference in Washington, D.C., Feb. 12-16.
The conference brings together nearly 2,000 elected and appointed county officials to focus on federal policy issues that impact counties and our residents. Attendees can engage in second-to-none policy and educational sessions, interact with federal officials and participate in congressional briefings and meetings. The 2022 conference will be held in-person only. While some sessions and speeches may be live-streamed the day of with recordings available post-event, there is no set schedule to provide virtual access.
Click here to register and for information on the agenda and hotels. MAC expects hotel rooms to go fast, so members are encouraged to make their travel plans as soon as possible.
MAC will be hosting events at the NACo Conference. Keep an eye on Legislative Updates in early 2022 for dates, times and details.
Holiday will alter MAC office, Legislative Update and Podcast 83 schedules
MAC’s offices in Lansing will be closed Nov. 25-26 to observe the Thanksgiving holiday. Normal office hours resume on Monday, Nov. 29.
The holiday also will modify schedules for our Legislative Update emails and Podcast 83 episodes.
LU will skip Friday, Nov. 26 and resume weekly distribution on Friday, Dec. 3.
Our next Podcast 83 episode will be released in early December.
Executive Director Stephan Currie and the MAC staff wish you all a healthy, safe and pleasant Thanksgiving.
Green Communities to host briefing on resiliency challenge
Michigan Green Communities, of which MAC is a member, is hosting a webinar on Nov. 30 at 11 a.m. to share updates coming to the MGC Challenge and Network. Participants will hear from the new MGC coordinator, Danielle Beard, about the updates and have time to ask questions about the program and what to expect. This webinar is specifically intended for staff and elected/appointed officials of counties, cities, villages, and townships – whether or not they have participated in Green Communities in the past.
Click here to register for the webinar.
For more information on this issue contact Hannah Sweeney at sweeney@micounties.org or info@migreencommunities.com.
Next juvenile justice focus group is on Nov. 30
Michigan has formed the Taskforce on Juvenile Justice Reform to identify what is working well in the juvenile justice system and to identify opportunities for statewide improvement. The Council of State Governments (CSG) Justice Center — a national nonprofit that works with state and local governments across the country — is the technical assistance provider to the taskforce. On behalf of the taskforce, the CSG Justice Center is conducting a comprehensive assessment of local and state juvenile justice policies, practices, and funding, and will submit a report of findings and recommendations by next summer. As part of this assessment, the CSG Justice Center is facilitating focus groups with key stakeholders across the state to hear directly from them about juvenile justice system strengths and challenges.
The next focus group to specifically solicit feedback from county commissioners and their staffers, will be Nov. 30, from 10 a.m. to 11 a.m. Eastern:
https://csg-org.zoom.us/j/83895764435?pwd=Sy9WTStOMVRBSndiNmhJZTBKYzNjZz09
Meeting ID: 838 9576 4435
Passcode: 112059
+13126266799,,83895764435#,,,,*112059# US (Chicago)
+16465588656,,83895764435#,,,,*112059# US (New York)
We encourage you to join the focus group discussion so you can provide input that may ultimately inform statewide legislative, funding, and administrative changes to improve public safety and youth outcomes.
If you are unable to join either of these meetings but are still interested in providing feedback, please contact MAC’s Meghann Keit-Corrion at keit@micounties.org.
Pensions, retiree health care are topics for next Treasury webinar
A webinar on Tuesday, Nov. 30 will focus on local government issues involving pensions and retiree health care.
The webinar, which runs 2 p.m. to 3 p.m., is led by the Michigan Treasury and co-sponsored by MAC and other local government groups. This webinar provides additional resources to help local governments better manage their defined benefit retirement systems in response to ever-changing economic conditions.
Topics covered will include:
- An update on the Protecting Local Government Retirement and Benefits Act (Public Act 202 of 2017), including data, resources, and next steps.
- A presentation on retiree healthcare, specifically focused around coordinating your retiree health benefits with Medicare.
- An overview by the Municipal Stability Board on best practices for underfunded local governments.
Participants can register and submit questions on the webinar’s registration page.
The Michigan Department of Treasury has created a webpage to provide resources and information about the Protecting Local Government Retirement and Benefits Act and other emerging topics. If you are unable to attend this webinar, you will be able to access a recording of the webinar on this page. 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.
Staff picks
- The government job application drop-off is ‘snowballing’ (Route Fifty)
- Meijer brings recycled plastic bags full circle to Michigan store parking lot in pilot program using Dow technology (Meijer Communications)
- Townships’ wind turbine tax appeals going to (MI) Court of Appeals (National Wind Watch)
- States have mandated vaccinations since long before COVID-19 (Pew Research)
