Extension on ‘no reason’ remote board sessions awaits House action
A bill to expand “no reason” remote sessions for local boards cleared a House committee this week but did not get an expected vote in the full House chamber.
House Bill 6207, by Rep. Luke Meerman (R-Ottawa), which would change the state’s Open Meetings Act, cleared the House Ways and Means Committee, but the full House adjourned without getting to it this week.
The bill would extend the ability for local boards to meet remotely, for any reason, through March 31, 2021. It would also allow a local ordinance declaring a local emergency approved by a “local chief administrative officer,” sufficient to allow for remote meetings. MAC, the Michigan Municipal League and Michigan Townships Association need modifications to the changes approved in October to ensure all jurisdictions, governing bodies and administrative officers would have the ability to declare local emergencies.
MAC is seeking a technical change to the most current version of the bill to reinsert “local governing body” to ensure boards that have already declared local emergencies are not affected and can be continued.
The bill is expected to move next week to the Senate and get to the governor’s desk before the end of the year.
For questions, contact Meghann Keit at keit@micounties.org.
Podcast 83 continues ‘lame duck’ episodes on Monday, Dec. 7
In another special LIVE video edition of Podcast 83 at 3 p.m. on Dec. 7, MAC’s Executive Director Stephan Currie and MAC’s advocacy team will discuss the ongoing “lame duck” session of the Michigan Legislature.
Among topics to receive updates:
- Hot topics in the “lame duck” session
- Status of additional COVID aid to counties
The Podcast 83 crew also will be taking your questions during the live session.
Just click on this link to register for the podcast. As always, a recording will be placed on the Podcast 83 page at a later date.
Senate approves tax shift on solar equipment
The bills that would exempt solar energy equipment from ad valorem property taxes and replace such levies with a payment In Lieu of taxes (PILT) system were approved by the Senate this week.
Senate Bills 1105 (by Sen. Curt VanderWall, R-Mason) and 1106 (by Sen. Kevin Daley, R-Lapeer) are now poised for swift action in the House.
The bill sponsors are advocates for the PILT approach because they represent areas that have been embroiled in litigation over the revenue that was expected when they allowed wind development. A PILT agreement between the developers and the local units would provide a flat payment for the duration of the agreement (as opposed to a declining revenue stream based on a depreciation schedule) and would drastically reduce litigation surrounding valuation and payments.
While those are positive changes for counties and MAC is supportive of the PILT concept, the association is not supporting these two bills.
The package would cap the reimbursements to local governments at $3,500 per megawatt of nameplate alternating current capacity (i.e., their generation capacity, not what they actually generate). MAC is opposed to this figure at this time because the experts who are studying it have not come up with an evaluation of the value or established if this is a fair reimbursement rate for each jurisdiction.
For example, this rate is less than 18 percent of what a full ad valorem tax rate would be on a currently established solar farm in East Lansing, though it may be a fair rate on rural land in outstate Michigan. More time is needed to determine appropriate reimbursements.
Also, MAC is seeking changes that will ensure local governments are not forced to accept solar developments; that require PILT payments will be collectable throughout the duration of the agreement; that require the equipment will be removed from the site once operations cease; and that includes language that will clarify that the real property on which the solar development is located is still subject to real property tax.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Reforms suggested by jail task force advance
Legislation inspired by a joint state-county task force on jail operations continued to advance in the Legislature this week, with the Senate sending bills to the House as part of an effort to finish them before the end of the year.
Senate Bills 1046-1051 and SB 1125 would provide arrest alternative for some low-level offenders and modify probation and discharge eligibility.
The bills passed with overwhelming bipartisan support and are now before the House Judiciary Committee.
The House approved several reforms related to the task force earlier this year. In general, the House package would:
- Eliminate mandatory minimum jail sentences
- Eliminate driver’s license suspension as a penalty for offenses unrelated to dangerous driving
- Reclassify many traffic misdemeanors as civil infractions
MAC is supportive of most of the bills in the entire package but is neutral on SBs 1046 and 1048.
For questions, contact Meghann Keit at keit@micounties.org.
MAC looking for commissioners to join policy committees
The key panels that drive MAC’s policy positions in Lansing and Washington, D.C., are looking for new members to join their ranks in January.
MAC’s six policy committees (see below) meet monthly between January and May and then again between September and December. The committees are designed to debate legislation, receive presentations from government leaders and interest groups and craft MAC platform language that is then reviewed and adopted by the Board of Directors and general membership.
“If you want to be in the thick of helping MAC establish good policy for Michigan counties, these committees are the place to be,” said Deena Bosworth, MAC director of governmental affairs.
To join, you are asked to fill out an application form, which then goes to MAC’s Board President Veronica Klinefelt for approval and assignment. Ordinarily, members would have the option to attend sessions at MAC’s offices in Lansing or via teleconference, but due to COVID, all committee sessions are virtual for now.
Committee schedule
- Finance and General Government – meets the 1st Friday at 10 a.m.
- Environmental/Natural Resources/Regulatory Affairs – meets the 2nd Friday at 10 a.m.
- Health and Human Services – meets the 4th Monday at 10 a.m.
- Judiciary and Public Safety – meets the 4th Monday at 2 p.m.
- Transportation and Infrastructure – meets the 4th Friday at 10 a.m.
- Agriculture and Tourism – meets at the call of the chair
For questions on the committee process, contact Bosworth at bosworth@micounties.org.
Poverty-based property tax exemption advances
Bills that would extend a poverty exemption to the payment of property taxes by overburdened homeowners advanced out of House and Senate committees this week.
Senate Bill 1234, by Sen. Jim Runestad, R-Oakland, and House Bill 4828, by Rep. Wendell Byrd, D-Wayne, would continue the tax relief originally spurred by the COVID-19 outbreak and resulting economic and jobs crisis. The measures would extend the tax relief to 2023. SB 1234 is now before the full Senate, while HB 4828 is before the House Ways and Means Committee.
MAC is neutral on SB 1234 and has yet to take an official position on HB 4828.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Long-needed Headlee rollback fix introduced
A long-need alteration to how property values are handled under the Headlee Amendment was introduced in the House this week.
House Bill 6454, by Rep. Jim Ellison (D-Oakland), would change how Headlee rollback calculations are done. The bill will take out the increase in taxable value resulting from the “pop up” once a property changes ownership. By eliminating the “pop up” value increase from the rollback calculation, counties and other local governments will be able to actualize the increase in property tax revenue resulting from the sale and right-sizing of the property value, without being penalized by enhancing the millage reduction fraction requirements.
Some counties across the State regularly engage in Headlee rollback override votes, while other counties do not. This does not negate the rollback provision. It will not change the upper limit on millage rates and would not change the inflationary limit on increases to properties that do not change ownership.
MAC supports this legislation and is looking forward to discussions on the matter either this legislative session or next year.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Webinar offers training on autism, intellectual developmental disorders
In a live webinar on Friday, Dec. 11, county leaders can gain the knowledge and skills required to provide effective, equitable service to people with intellectual and/or developmental disabilities, including autism spectrum disorder.
The session, which will run from 10 a.m. to noon, has content that is a culmination of information from a partnership of mental health and law enforcement professionals. Development and funding for this course is courtesy of the Michigan Department of Health and Human Services.
The class is free, with registration covered by funds made available by the Michigan Department of Health & Human Services. Click here to register. https://attendee.gototraining.com/r/6023386791939959042
Staff picks
- State budget director asks for $730 million supplemental budget to help during COVID-19 (UpNorthLive.com)
- MDHHS releases draft plan on vaccine distribution in Michigan (MDHHS)
- Mask mandates work to slow spread of coronavirus, Kansas study finds (NPR)
- 2020 Emerging Trend: Access to Care Part 3 – Justice-Involved Populations (Community & State)
MDHHS order shuts down indoor dining, limits household gatherings
On Sunday, the Michigan Department of Health and Human Services (MDHHS) issued a new emergency order that enacts a three-week pause targeting indoor social gatherings and other group activities in an effort to curb rapidly rising COVID-19 infection rates. The order takes effect on Wednesday, Nov. 18.
“Under this order, indoor residential gatherings are limited to two households at any one time. However, MDHHS strongly urges families to pick a single other household to interact with over the next three weeks, consistent with new guidance released by the department. The order is aimed at limiting residential and non-residential gatherings where COVID-19 spreads rapidly.
“Bars and restaurants will be open for outdoor dining, carry-out and delivery only. Gyms will remain open for individual exercise with strict safety measures in place. Casinos, movie theaters and group exercise classes will be closed. Professional and college sports meeting extraordinary standards for risk mitigation may continue without spectators, however all other organized sports must stop. Colleges and high schools may proceed with remote learning but must end in-person classes.
MAC continues to advise all members to utilize the virtual meeting option they have under the Open Meetings Act, which was codified by the Legislature and Gov. Gretchen Whitmer in October.
- NEW: MDHHS Gatherings and Face Mask Order (11/18)
- NEW: MDHHS Epidemic Order Infographic (11/18)
- NEW: MDHHS Epidemic Order Social Gathering Guidance (11/18)
- NEW: MDHHS Epidemic Order Safe Social Pods Guidance (11/18)
For the latest Michigan news on the coronavirus, visit our Resources Page.
Mental health, law enforcement groups call on state for investment
A coalition of mental health and law enforcement groups announced this month a call to legislators to “invest in existing, proven state public health and safety programs.”
In their statement to all of Michigan’s elected officials and policy-makers, the organizations highlighted best-practices and longstanding partnerships that merit more attention and more funding.
The letter is signed by the Michigan Sheriffs’ Association, the Michigan Association of Chiefs of Police, the Michigan Commission on Law Enforcement Standards, the Prosecuting Attorneys Association of Michigan and the Community Mental Health Association of Michigan. “It outlines the vital and productive partnerships between mental health professionals and law enforcement — partnerships that have existed for years but without truly sufficient policy engagement and funding from lawmakers and other leaders.”
In the letter, the groups noted:
“Existing initiatives between mental health professionals, law enforcement professionals, prosecuting attorneys and community mental health systems throughout Michigan include:
- More than 50 mobile mental health crisis teams with skilled clinicians, or persons with lived mental health experiences, working in tandem with law enforcement agencies
- Co-responder initiatives—skilled clinicians from the community mental health system participating in local road patrols for immediate and community crises response
- Advanced training for law enforcement and medical personnel on how to recognize and interact with persons facing mental health challenges (tactics covering verbal de-escalation, crisis intervention training for adults and youth, responding to mental health emergencies)—endorsed by the Michigan Mental Health Diversion Council
- Mental health and substance use disorder courts, sobriety courts, in-jail mental health and reentry programs”
MDHHS offers training sessions on handling mental health crises
Managing Mental Health Crisis is a series of webinars designed specifically for Michigan law enforcement, public safety and community mental health responders. It is funded by the Michigan Department of Health and Human Services, endorsed by the State of Michigan’s Diversion Council, MCOLES-approved and meets with MCOLES recommended annual officer trainings.
Live virtual classroom sessions are scheduled for 2 p.m. to 5 p.m. on the following dates: Dec. 9-10, 16-17.
This course is the equivalent of the two-day classroom training. Participants must attend all four (4) sessions to receive a certificate. The sessions are free via support of the Michigan Department of Health and Human Services.
To register and for more information, click here. Deadline to register is Dec. 8 and seating is limited to 47 participants.
Application period opens for 2021 NACo Achievement Awards
Applications are now open for the National Association of Counties (NACo) 2021 Achievement Awards. Please join us in celebrating 51 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.
We encourage all counties, parishes and boroughs to apply.
- Early bird application deadline: March 8, 2021 (save $25 off the application fee)
- Regular application deadline: March 31, 2021
- Click here to apply: https://www.naco.org/resources/featured/2021-achievement-awards
For more information, please review the Achievement Awards online brochure, or email awards@naco.org with any questions.
Staff picks
- Secretary of the Interior gives counties veto power over Land and Water Conservation Fund federal acquisitions (NACo)
- Disturbing new details in alleged plot to kidnap Michigan Gov. Gretchen Whitmer (ABC7 Chicago)
- U.S. Department of Veterans Affairs offers Native American Direct Loan Program (VA.gov)
- Japan faces worst wild bear attacks in five years during virus (Bloomberg)
GOP retains control of Michigan House; ballot props pass easily
Republicans retained their majority in the Michigan House of Representatives in the Nov. 3 General Election. The GOP will control the chamber 58-52 after picking up seats in the 96th and 48th districts, Bay and Genesee Counties respectively, while Democrats won formerly GOP seats in Oakland and Kalamazoo counties.
On Thursday, House leadership elections took place and, as expected, Rep. Jason Wentworth (R-Clare) was elected as speaker to replace the term-limited Rep. Lee Chatfield (R-Emmet) in January. Rep. Ben Frederick (R-Shiawassee) will be majority floor leader and Rep. Pamela Hornberger (R-Macomb) will be speaker pro tem in January. Democrats elected Rep. Donna Lasinski (D-Washtenaw) as the party leader and Rep. Yousef Rabhi (D-Washtenaw) will remain in his current role as floor leader in January.
Tuesday was a big night for county commissioners bidding to join the House, with seven new members (see list below) joining MAC’s County Caucus at the State Capitol in January. The MAC County Caucus will now include 23 members of the House and retain 8 members of the Senate, meaning former commissioners now constitute more than 20 percent of the entire Legislature.
Commissioners winning House seats on Nov. 3
- Robert Bezotte (R-Livingston)
- Felicia Brabec (D-Washtenaw)
- Ken Borton (R-Otsego)
- David Martin (R-Genesee)
- Christine Morse (D-Kalamazoo)
- Amos O’Neal (D- Saginaw)
- Julie Rogers (D-Kalamazoo)
Bios of the newly elected representatives have been compiled by the MIRS News Service.
The current legislative cycle has 11 session days remaining before Dec. 31. There are many issues MAC will be focused on during this “lame duck” session, including 4-year terms, personal property tax exemptions and solid waste management regulations. Please stay engaged through our updates and action alerts as we approach final session weeks.
In the judicial branch, Chief Justice Bridget McCormack won re-election to the Michigan Supreme Court and will be joined by fellow Democratic Party nominee Elizabeth Welch, replacing the departing Justice Stephen Markman. This now gives Democrats a 4-3 majority on the state’s highest court.
And two state ballot proposals won easily on Tuesday:
- Proposal 20-1 allows the State Parks Endowment Fund to continue receiving money from sales of oil and gas from state-owned lands to improve, maintain and purchase land for State parks and for Fund administration, until its balance reaches $800,000,000. It also requires subsequent oil and gas revenue from state-owned lands to go into the NRTF, at least 20 percent of Endowment Fund annual spending go toward State park improvement, and at least 25 percent of Trust Fund annual spending go toward parks and public recreation areas and at least 25 percent toward land conservation.
- Proposal 20-2 amended section 11 of Article 1 of the Michigan Constitution to prohibit unreasonable searches or seizures of a person’s electronic data and electronic communications.
2020 class of new commissioners will be close to historical average
In unofficial results so far, there will be 134 new commissioners serving on county boards starting in January after voters had their say on Tuesday.
MAC’s data going back numerous election cycles show an election brings in an average of 125 new people to county boards. However, MAC is still awaiting data from a handful of unresolved seats, so the freshman class could grow.
Once MAC has full unofficial reports from all counties, we will post the lists and data to our website, micounties.org.
“We are looking forward to working with all of our new members, starting hopefully with their participation in the New Commissioner Schools, which start next week,” said Stephan Currie, MAC’s executive director.
On the financial front, counties were highly successful in their appeals to voters, with 40 of 47 county-related millages gaining approval on Tuesday. Click here for a list of those results compiled by the MIRS News Service in Lansing.
Solar PILT in place of PPT passes Senate Finance Committee
Two bills that would eliminate the Personal Property Tax (PPT) on qualified solar equipment and replace it with a payment in lieu of taxes (PILT) passed out of the Senate Committee on Finance this week.
Senate Bills 1105-06, by Sens. Curt VanderWall (R-Benzie) and Kevin Daley (R-Tuscola), would set a rate of $3,500 per megawatt per year on solar projects. The idea is to get away from the disputes surrounding assessed value and depreciation schedules, create a predictable tax obligation for the solar developers and a flat, steady revenue stream from the projects for the duration of the agreement.
MAC is supportive of the concept of a PILT, but remains opposed to the bills as they are currently written due to the fact that the $3,500/mw rate has not been fully evaluated to determine the equitability to tax revenue that would otherwise be paid. In addition, the bills are weak on what happens when production ceases or when the developer would pay less if they violated the agreement.
In an effort to work with the sponsors, MAC is working with other organizations and the State Tax Commission to determine what an equitable rate would be. Due to the different millage rates across the state, this type of structure could be a win for some areas and a loss for other areas, but when we factor in the costs of valuation challenges and altered depreciation schedules, it may be a better approach.
MAC expects these bills to continue to move through the process during lame duck, but we are working to stop them until we have a better understanding of the financial implications to counties.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
MAC seeks feedback on House GOP’s COVID plan
The House Health Policy Committee took testimony this week on a Republican plan to set criteria for COVID responses on the local level. Rep. Ben Frederick (R-Shiawassee) testified on House Bill 6314, which would set certain standards for counties to meet in order for county health officers to issue emergency orders different than, but not more restrictive than, the state’s. (See MAC’s Oct. 23 Legislative Update for more background on the legislation.)
MAC has not taken a formal position on the bill but is discussing it with MAC policy committee members and receiving feedback from commissioners and stakeholder partners in local public health.
An initial concern MAC has expressed to the bill sponsor is that a health officer would not be able to be more restrictive than the state orders, thereby taking away the ability of a health officer to respond to case surges in certain areas of a county.
The Department of Health and Human Services did not testify this week but is opposing the bill.
If you have feedback or questions, please reach out to Meghann Keit at keit@micounties.org.
Register now for Treasury webinar on Nov. 10
In partnership with the Michigan Association of Counties and others, the Michigan Department of Treasury will hold its eighth joint webinar, “COVID-19 Updates and Resources for Local Governments,” at 2 p.m. on Tuesday, Nov. 10.
Topics will include updates on FEMA, Coronavirus Aid, Relief and Economic Security (CARES) Programs and the State of Michigan budget.
Participants can register and submit questions on the webinar’s registration page.
Each webinar is limited to 1,000 attendees. With previous webinars reaching capacity limits, participants are strongly encouraged to register now.
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.
For the latest updates, please review the COVID-19 Updates for Local Governments and School Districts’ webpage.
MDHHS issues guidance on workplace safety
The Michigan Department of Health and Human Services (MDHHS) has released recommendations for employers on how to keep workplaces safe during the pandemic.
“The state is currently experiencing 261 cases per million people per day, more than double from last month. Percent positivity has increased to 7.5% from 5.5% a week ago. Hospitalizations, which tend to appear two to four weeks after cases, have been rising over the past five weeks,” the department reported.
“Currently, there are 28 documented COVID-19 outbreaks in an office setting and the number of new outbreaks reported continue to increase weekly. Office settings make up five percent of all documented outbreaks, and seven percent of new outbreaks identified in the last week. Additionally, 8.3% of current outbreaks are in manufacturing and construction and 33% of those were first identified in the last week,” MDHHS added.
Consistent with emergency rules enacted by the Department of Labor and Economic Opportunity on Oct. 14, if any in-person work is being conducted, employers should be sure to take the following steps to protect the health of their employees:
- Create a COVID preparedness plan – Employers should develop and implement a written plan to prevent employee exposure to COVID-19. This should include exposure determination and detail the measures the employer will implement to reduce employee exposure.
- Establish clear workplace procedures – Employers should identify a workplace COVID-19 coordinator, mandate face coverings, ensure appropriate access to personal protective equipment where necessary and train employees on new procedures, such as how to facilitate physical distancing.
- Conduct daily self-screening of staff working in person – Employers should conduct daily health evaluations that include assessment for the symptoms of COVID-19 and exclude from in-person work any symptomatic staff.
- Strengthen workplace cleaning and disinfection procedures – Employers should take every opportunity to clean and disinfect facilities as frequently as possible, and enhanced cleaning should be performed if a sick employee is suspected or confirmed to have COVID-19.
- Collaborate with local health departments – If any employees contract COVID-19, local health departments will conduct contact tracing. Employees should work closely with their local health departments to ensure that all potentially affected employees are made aware of their exposure.
Employers should allow their employees to work from home, if possible, to minimize the presence of individuals gathered in work settings where COVID-19 may spread. Employers should only permit in-person work if a worker is unable to physically complete required job tasks from a remote setting, such as food service or auto assembly workers, or a job involving protected data that cannot be accessed remotely.
A full list of employee and workplace safety resources is available online.
Staff picks
- Counties grapple with fall COVID spike (naco.org)
- Michigan COVID-19 death rate doubles since September (WZZM)
- Sleeping Bear Dunes to waive entrance fees on Veterans Day (MLive)
- After voting ends, steps to complete an election (National Conference of State Legislatures)
Izzo charms, inspires during conference keynote
“All of us are role models,” Michigan State University basketball coach Tom Izzo told county leaders gathered for a special session Thursday of MAC’s 2020 Virtual Annual Conference. “You gotta give back some things. I look back and I see I have a responsibility, which is a privilege, not a burden.”
Izzo’s keynote remarks were the highlight of week 1 of the virtual conference, which resumes next Tuesday and concludes next Thursday.
The Hall of Fame coach and national championship winner (2000) expanded on the leadership theme by saying, “Greatest feeling – being a difference-maker in someone’s life.”
During a wide-ranging Q&A after his remarks, led by MAC Executive Director Stephan Currie, Izzo fielded queries on everything from the “side” of Iron Mountain he grew up on to how to bring cohesion to a group of wildly different people to the recent trend in changing team mascots. At one point, the coach seemed to be wistful as he related how, in his young adult days in the Upper Peninsula, his first big investments were trailers, culminating in a “double-wide” unit.
Izzo also engaged in some good-natured ribbing with Currie over the high expectations Spartan fans have for him and his team each year.
“Coach never fails to deliver,” Currie said after the session. “We at MAC are so appreciative of coach Izzo’s time and the kind words he had for the work of county leaders in Michigan.”
The keynote event was the final one of a week that began with a workshop on managing public facilities in a COVID-19 world and the first plenary session, which included the semi-annual “State of MAC” report from Currie and a “Legislative Update” from Governmental Affairs Director Deena Bosworth.
To keep track of conference events, visit the conferences page on the MAC website, where you can find a link to the conference program. Access to conference events is limited to registered attendees, but MAC will be posting slide decks from workshops and, in September, video files of the major sessions.
Treasury: Payroll reimbursement program requests exceed funding
The application deadline for counties to apply for public safety and public health payroll reimbursement for April and May of 2020 has passed. In conversations with the Michigan Treasury, MAC has learned the amount requested for reimbursement will exceed the supplemental budget appropriation of $200 million. This means Treasury will be prorating the reimbursements based on the amount each request bears to the total amount requested. And there will not be another a second round to apply for in August.
On the bright side, the expenses that were not covered in the first round will be eligible for allocation to the CARES Act revenue sharing replacement fund. Again, these are the funds that should total approximately 1.5 times the amount of your August revenue sharing payment amount. Although the replacement is restricted to eligible expenses, public safety and public health payrolls are considered eligible.
As far as the hazard pay program goes, the appropriation of $100 million has not, as of yet, been exhausted. Applications for the program continue to come in, but the threshold is unlikely to be exceeded.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org
Report: Michigan spends more on roads, but trends aren’t promising
Michigan has devoted increasing sums to its road network in recent years, but road conditions are still projected to worsen, said a transportation funding analyst with the House Fiscal Agency (HFA) during a 2020 Annual Conference workshop on Thursday.
William Hamilton of the HFA led workshop participants through the funding mechanics for roads across the state – and the current and expected results of that work. On one slide, he noted that while about 85 percent of state “trunkline” roads were in good or fair shape five years ago, that share is projected to fall to below 50 percent by 2025.
After Thursday’s session, Hamilton followed up on a couple of questions posed by members during his talk:
Local road millages and funding levels
“There appear to be 32 county-wide road millages in 2018, with total county road millage revenue in 2018 = $69.4 million. And it looks like 554 townships have township road millages, most of which are used to support county road commission maintenance and improvement projects within the respective townships. Total township road millage revenue in 2018 = $86.6 million.
“So those two sources add up to $156 million of local funding for county road programs and projects.
“Also, some counties and townships simply provide direct General Fund (GF) support for county road commission projects, like Oakland County, which uses county GF as part of a match money program.
“And many townships use township GF as part of a match money program. And there are special assessment districts in many townships to recover the costs of certain road improvements.”
Federal COVID aid for transportation
“This document summarizes federal COVID assistance through June 8, 2020; transportation elements are on page 14.
“So far, the only transportation money is for transit and airport projects. And as we discussed, the COVID money is made available through existing federal aid programs.”
Property tax exemptions are growing problem for counties, lawyer says
The misapplication of a 2006 court decision has led to a growing number of businesses avoiding local property taxes, putting more stress on already-strained county revenues, a tax law expert told a Wednesday workshop during the 2020 Annual Conference.
Via a virtual session, Jessica Wood of the firm of Dickinson Wright showed county leaders how the 2006 Wexford has led Michigan awry. Pre-Wexford, Wood said, the state had a “common sense, relatively intuitive, straightforward test” for determining whether a business qualified as a charity and therefore received a tax break. But the Wexford decision, she said, “the truck that drove the hole through” state law.
Duo: Invest in tech to deal with COVID in facilities
In the conference’s first workshop on Tuesday, Gary Nauts of the city of Rochester Hills and Terry Van Doren of MMRMA discussed experiences and best practices on handling public facilities in the first few months of the coronavirus pandemic.
Among the points highlighted by the pair:
- Communication is key.
- Invest in technology.
- Facilities and maintenance leaders will lead the return to normal.
“We are off to a fast start with the amount of information in our workshops,” said MAC Executive Director Stephan Currie. “While we can’t meet in-person, the digital format still allows us to support continuing education for our members.”
MIDC continues plan reviews amid murky budget situation
The Michigan Indigent Defense Commission (MIDC) met this week to continue to review and approve county compliance plans and costs analysis, among other items.
The MIDC reviewed 98 staff recommendations for approvals and rejections of county and municipal plans. The entire list can be found on the agenda here.
Additionally, the commission approved a framework should the FY21 appropriation for compliance grants be less than the total of the approved compliance plans. In February, the governor recommended $117.5 million for plans, but as with all budgetary items, the compliance funding could be in jeopardy due to revenue effects of the COVID-19 pandemic. The latest estimates range from an FY21 shortfall of $1 billion to $1.5 billion in the General Fund. However, the final number will be approved on Aug. 24 at the Consensus Revenue Estimating Conference.
MAC supports full funding of MIDC grants and the $117.5 million proposed by the governor. Anything short of full funding would be a violation of the Headlee Amendment, and per statute, “A system’s duty of compliance with 1 or more standards within the plan under subsection (1) is contingent upon receipt of a grant in the amount sufficient to cover that particular standard or standards contained in the plan and cost analysis approved by the MIDC.”
The commission also received a letter from Orlene Hawks, director of the Department of Licensing and Regulatory Affairs (LARA), indicating Standard 5 (independence of the indigent defense system from the judiciary) is slated to be formally approved by LARA in October. Per statute, “No later than 180 days after a standard is approved by the department, each indigent criminal defense system shall submit a plan to the MIDC for the provision of indigent criminal defense services in a manner as determined by the MIDC and shall submit an annual plan for the following state fiscal year on or before Oct. 1 of each year.”
Lastly, a reminder that standards related to indigency and partial indigency determinations, required by the MIDC Act, are open for public comment until Sept. 14, 2020, and can be submitted to LARA-MIDC-Info@michigan.gov. Alternatively, comments can be sent by that date to the MIDC Office, 200 N. Washington Square, 3rd Floor, Lansing, MI 48913. All comments will be posted and available on the MIDC website.
For more information on this issue, contact Meghann Keit at keit@micounties.org.
State to distribute $3.5M through Child Care Fund
The Michigan Department of Health and Human Services is slated to distribute the $3.5 million appropriated under the FY20 budget to cover Child Care Fund administrative costs relevant to the move of neglect/abuse payments to the “State Pays First” system in the next 30 days. As the state transitioned to the State Pays First model, the statute was not clear whether the 10 percent counties received for indirect costs must be applied to the abuse/neglect population.
The Legislature approved $3.5 million in FY20 to ensure counties did not see a shortfall, but due to so many unknowns during the FY20 budget process under COVID-19, payments were delayed. Since the recent completion of updates to the FY20 budget that included the $3.5 million, the state will be issuing payments as soon as possible. Per correspondence with the department, MAC expects payments within 30 days, and will stay in touch with members if that time frame changes.
A county-by-county breakdown of the $3.5 million can be found here.
For more information on this issue, contact Meghann Keit at keit@micounties.org.
Staff picks
- 2019 State of the Great Lakes Report (Office of the Great Lakes)
- North American cold-climate forests are already absorbing less carbon, study shows (University of Michigan)
- Police, Coast Guard searching for pilot who flew under Mackinac Bridge (WZZM)
- Michigan reaches $600M deal in Flint water crisis (Associated Press)
Expungement bill moves out of Senate committee
A House bill that that would automatically set aside certain felony and misdemeanor convictions moved out of the Senate Judiciary Committee this week. The committee, however, did add language to create a specified fund to cover, upon appropriations, costs for implementation, systems upgrades and staffing needs. MAC has requested clarification language to be included to ensure that any cost at the local level are also eligible under the fund.
Still, MAC testified against House Bill 4980, by Rep. Eric Leutheiser (R-Branch), as a large concern outlined in written comments provided on June 11 has not yet be resolved: The legislation requires the Michigan State Police (MSP) database to set aside eligible convictions. However, there is no notification requirement on MSP to send that information to the local clerk and courts. Therefore, MAC is concerned some records may be public at the local level, while MSP has sealed the records. This inconsistency is contrary to the goal of the legislation and causes liability concerns for counties.
Also in committee, Sen. Tom Barrett (R-Eaton) offered language that allows a court to reinstate a conviction that was set aside, if a court has determined the individual has not made a good-faith effort to pay restitution.
The bill waits action on the Senate floor. The Senate has adjourned until late July.
For more information on this issue, contact Meghann Keit at Keit@micounties.org.
Senate approves summer property tax deferment bills
Individuals and businesses are one step closer to delaying their summer 2020 property tax payments to March 1, 2021, without penalty after a two-bill package gained Senate approval this week.
House Bills 5761 and 5810, by Rep. James Lower (R-Ionia), state that entities wishing to delay payments must submit an affidavit to their local tax collecting unit attesting to financial hardship due to the COVID-19 pandemic by Aug. 28, 2020, to qualify. Once a local unit has collected the affidavits, it would submit those to the county for tallying and submission to the Michigan Department of Treasury. Then, it would be incumbent upon the state to borrow enough money to make up for those unpaid taxes for all the taxing units, so locals do not run in to significant cash flow issues during the deferment period.
MAC supported the concept of the legislation. The bills now move to the governor for her signature.
For more information on this issue, please contact Deena Bosworth at bosworth@micounties.org.
Elections panel takes testimony on absentee ballots
The clerk/register of deeds for Kent County told the Senate Elections Committee this week that she thinks the mailing of absentee voter applications to all voters is illegal and places additional burdens on county and local clerks.
Kent’s Lisa Lyons made the comments during a hearing by the committee on recent policy changes and actions of Secretary of State Jocelyn Benson.
Under Proposal 3 of 2018, Lyons said every voter has a right to cast an absentee ballot. However, sahe said no elected official can send a ballot unless the voter has required it verbally or in writing per case law.
Additionally, the committee approved Senate Bills 977-78, by Sen. Kevin Daley (R-Lapeer), which would: make it a misdemeanor to knowingly making a false statement on an absent voter ballot application; make it a felony for knowingly submitting an absent voter ballot application containing or using another person’s name and personal identification information; and would make it a felony for knowingly submitting an application with the intent to obtain multiple ballots for a person. The Michigan Association of County Clerks supports the bills.
Full video of the committee hearing can be found here.
For more information on this issue, contact Meghann Keit at Keit@micounties.org.
Law enforcement grant applications due on Aug. 14
County law enforcement and courts that were previously ineligible for direct Coronavirus Emergency Supplemental Fund (CESF) grants can now apply for such funds until Aug. 14 at noon.
The Michigan State Police advises that the grant performance period spans from March 1, 2020, through Sept. 30, 2021, and all work must directly relate to the prevention of, preparation for or response to the COVID-19 pandemic.
County Sheriff, Jail and County Prosecutor Allocations can be found here.
County Allocations for Circuit/District/Probate courts can be found here.
Applications are due on Aug. 14. Forms and Instructions can be found here.
MAC offices will be closed on July 3
MAC’s offices in Lansing will be closed on Friday, July 3 to observe the federal holiday for the Fourth of July.
Also, be advised that there will not be a Legislative Update on July 3, due to the national holiday.
Legislative Updates will resume on Friday, July 10.
Staff picks
- Initial Impact of COVID-19 on Michigan Communities and Local Governments (CLOSUP)
- New Preparedness Handbook Details (unitedstatesofcare.org)
- How States Raise Their Tax Dollars (Pew Trusts)
- Leveraging Technology for Long-term Change in the Face of COVID-19 (thehill.com)
