Trial court funding reform bills pass House committee

Time-sensitive legislation to secure key trial court funding took its first step toward passage this week.

House Bill 5392, by Rep. Sarah Lightner (R-Jackson), extends a quickly approaching May 1, 2024, expiration (“sunset”) of the authority of trial courts to levy fees that constitute a key part of their operational funding.

However, HB 5392 is now “tie-barred” to a separate measure through actions of the House Judiciary Committee. The companion bill, HB 5534, by Rep. Kelly Breen (D-Oakland), outlines a plan for the State Court Administrative Office to conduct data collection on certain trial court costs and revenue sources and provide a report to the Legislature with proposals to implement the Trial Court Funding Commission’s recommendations from 2019. A “tie-bar” means both bills must advance together.

MAC sees broad support for the sunset extension, but the prospects for the companion bill are much less clear. If, for political reasons, the legislation is delayed and not signed before May 1, a funding gap will result.

Courts stand to lose nearly $50 million in operational funding annually if HB 5392 does not pass. This loss of revenue, if not covered by the state, will fall on the counties to cover.

MAC supports both HB 5392 and 5534, with our first priority to move HB 5392 and extend the sunset prior to May 1, as was testified to last Wednesday.

These bills now move to the House floor.

MAC is asking members to take immediate action to urge quick legislative passage. Please visit MAC’s advocacy center to share your support for HBs 5392 and 5534 with your elected officials. The legislative window is closing, as there are limited days for the Legislature to advance the bills to the governor prior to May 1.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

MAC joins campaign to repeal state control of energy siting

The MAC Board of Directors has voted to join the Citizens for Local Choice, a coalition of groups pushing for a statewide vote to repeal sections of a state law that put an unelected state panel in final charge of siting of energy generation facilities.

“What we have heard from our own counties, and from colleagues across the state, is that this law enacted last year is a clear attack on local control, an attack Michigan’s 83 counties cannot allow to continue,” said Jim Storey, president of the MAC Board of Directors and chair of the Allegan County Board. MAC is aware of at least nine counties that already have passed resolutions in support of the ballot campaign.

MAC consistently opposed the act as it worked its way through the State Capitol last year, testifying on the consequences of usurping local control and suggesting changes that could facilitate the generation of clean energy without making the state Public Service Commission the final answer on local land use.

“It’s unfortunate we have reached this point, but this measure is so ill-conceived, so counter to the interests of communities and good governance, that MAC has to take this stand,” added Stephan Currie, executive director.

What’s next?

MAC encourages county leaders to support the coalition’s work in several ways:

  1. Pass a county resolution in support of it. The coalition has a template you can use for this purpose. Click here for it.

  2. Consider circulating petitions for it. Click here to request a petition from the coalition. (Please note there are specific rules on the collection process, so be sure to familiarize yourself with them; the coalition has text and video briefings on that process.)

The coalition now has petitions in the field to collect the 550,000 signatures the group thinks is advisable to meet state requirements for ballot proposals. Only 356,958 valid signatures are needed under state law, but the coalition has set a higher goal to ensure the legal requirement is easily met.)

Time is short, though, as the deadline to collect signatures is approaching on May 29, the deadline to reach the November 2024 ballot.

  1. Contact your county captain or volunteer to be one. The coalition has at least one county captain in 62 counties, but more are needed, particularly in Southeast Michigan. To volunteer as one, sign up on the website or send a note to citizensforlocalchoice@gmail.com.

  2. Donate to the campaign. While the coalition is having success using volunteer petition collectors and not using paid ones, unlike other ballot efforts, a full statewide campaign to convince voters this fall will not come cheap. To donate directly to the coalition, click here.

For more information on MAC’s work in defense of local control, contact Director of Governmental Affairs Deena Bosworth at bosworth@micounties.org.

 

‘Polluter pay’ package would bring problems for counties

Action could occur in coming weeks on a so-called “polluter pay” package that MAC opposes due to the burdens it would impose on county agencies.

Senate Bills 605-611, led by Sen. Jeff Irwin (D-Washtenaw), add new regulations for businesses and local units of government to own and operate brownfield sites, making it difficult and undesirable to do so. Environmentalists are referring to the package as “polluter pay,” while industry representatives are calling it an attack on brownfield redevelopment.

The lead bill would require all owners of a contaminated property, whether they are responsible for the contamination or not, to conduct a baseline environmental assessment and submit a “due care plan” to the Department of Environment, Great Lakes, and Energy (EGLE) every five years. A due care plan must include specific actions, plus monitoring and reporting requirements.

Contaminated sites will need to be cleaned up to residential standards, the highest level possible. Even if the site is meant to be used as a parking lot, the owner will need to follow remediation guidelines as if the site were to be a neighborhood. Financial considerations are not factored into this requirement in any way.

There is a stipulation for financial assurance on any facility that houses a pollutant. Many counties or their road agencies own salt sheds and oil brine tanks for road maintenance activities. For each of these facilities, a county would need to take out a bond for 70 percent of the cost to remediate the release of all pollutants on site. The response cost would be estimated per pound, or by a third party approved by EGLE.

Other provisions include medical monitoring, allowing EGLE to circumvent the rules-making process and changes to the statute of limitations for discovering contaminants. Aside from brownfield sites and road agencies, county airports also could be affected by this legislation.

MAC anticipates a hearing before the Senate Committee on Energy and Environment sometime in April. MAC will share updates as they become available.

For more information on this issue, contact Madeline Fata at fata@micounties.org.

 

Podcast 83 discusses court funding, energy conundrums

What should have been a simple extension on state authority for local courts to levy fees for their operations has turned into a complicated bout of legislative gamesmanship, the Podcast 83 team reported in its newest episode.

On May 1, the state law that allows trial courts to impose fees on defendants, a key part of the overall court funding system, expires. For many months, MAC has been working to, at minimum, get that authority extended to 2026, but the extension may not come until after the authority expires, Samantha Gibson explained.

“Last Wednesday, I testified in the House Judiciary Committee in support of two bills. One … extends the quickly approaching May 1 sunset date … (T)he other bill that MAC supports … that’s a plan for a plan, if you will, that requires the State Court Administrator’s Office to do data collection on court costs, revenue, judicial caseload and a few other things to then give a report to legislators in May of 2026,” Gibson said.

The plan, as of March 11, was to “tie-bar” the bills, meaning either both advance or neither. This complicates passage of the fee authority, especially in light of the Legislature’s upcoming calendar and the continued 54-54 seat deadlock in the House, Gibson said.

In the end, MAC expects fee authority to be extended, but there could be a gap in “coverage,” which would mean missing funds from courts that would have to be made up by someone. “It’s MAC’s position that if the Legislature withholds the bills, and a funding gap occurs that the state is responsible for backfilling those funding and allocating that to local courts, which we saw back in October of 2022,” Gibson added.

In other news:

Madeline Fata reported on a “town hall” held by the state Public Service Commission about the new law giving it the final say on the siting of wind and solar facilities.

“There certainly were a lot of red flags raised (on interpreting the law),” Fata said, “but they’re not done. There’s another meeting on March 19 at 1:30 p.m. There’s a virtual link available. I think it’s great for members to participate on those. They’re also accepting public comment between now and March 25.”

Deena Bosworth reviewed her testimony before the House Local Government Committee on House Bill 5353, a measure to require legislators to consider the fiscal effects of their decisions in order to deter any new unfunded mandates on local governments.

“We’ve seen iterations of this bill in the past. Is there anything different in this bill that would kind of help it or hurt it or anything? As you know, we obviously haven’t seen much action in the past,” Bosworth noted.

View the full video of the episode, recorded on March 11, by clicking here.

Previous episodes can be seen at MAC’s YouTube Channel.

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

 

Local governments explain concerns on energy siting law to state panel

Local governments voiced concerns over implementing the new renewable energy siting law in the first in a series of public meetings hosted by the Michigan Public Service Commission (MPSC) last week.

MPSC staff heard from local governments and planning professionals about their many concerns for implementing Public Act 233, which takes effect this November. Among concerns raised were the short timeline for local units to adopt compatible renewable energy ordinances; whether or not locals can include provisions for buffering or screening in their plans; and who enforces compliance after the permitting process is completed.

MAC vigorously opposed the legislation in 2023 that became PA 233.

While the MPSC did not specifically address these concerns, the session served as more of a learning opportunity for their team. MAC notes that the MPSC is an appointed body whose primary function is ratemaking; it has little experience in land use planning or zoning.

The next session is set for March 19 at 1:30 p.m. and is open to the public. We encourage members to tune in and learn more about the upcoming changes.

For more information on this issue, contact Madeline Fata at fata@micounties.org.

 

Bill to help curb sheriff staffing shortages advances to Senate

Legislation aimed at addressing staffing shortages in sheriff offices cleared the Michigan House this week in a broad, bipartisan vote.

House Bill 5203, by Rep. Kelly Breen (D-Oakland), would allow county boards of commissioners to choose if retired county employees who work at a sheriff’s office can continue to receive retirement benefits during a period of re-employment.

By 94-12, HB 5203 was passed out of the House this week. It now moves to the Senate Local Government Committee.

Currently, if a person who has retired and receives retirement benefits becomes re-employed by the same county, their retirement benefit payment is suspended for the length of their re-employment.  The bill would allow retirement benefits to continue during re-employment if a retiree becomes employed by a county sheriff’s office.

Allowing counties to re-employ sheriff’s office employees and maintain their retirement benefits will address the severe staffing shortages seen within county sheriff’s offices.

MAC supports this legislation.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

Healthy Climate Conference will focus on ‘Accelerating Action’

With unprecedented climate investments from federal and state sources, recently passed legislation, and executive actions to help meet the goals in the MI Healthy Climate Plan (Plan), Michigan is positioned better than ever to achieve the main goal in the Plan of a healthy, prosperous, carbon-neutral Michigan for all residents by 2050.

To learn more, join the Michigan Department of Environment, Great Lakes, and Energy (EGLE) for the 2024 Michigan Healthy Climate Conference at the Lansing Center on May 16-17, 2024.

Building on these actions and the success of last year’s conference, the department is hosting this two-day conference to continue the mobilization of engaged stakeholders and review the actions being taken around the state to implement the goals in the Plan. This year’s conference is expected to draw more than 500 attendees from local, state, federal, and tribal governments, universities, nonprofits, community groups and businesses.

With the theme of this year’s conference being “Accelerating Action,” speakers will share about their success stories, challenges, funding opportunities, technical assistance, and other actions they are taking in the six priority areas of the Plan:

  • Commit to environmental justice and pursue a just transition
  • Clean the electric grid
  • Electrify vehicles and increase public transit
  • Repair and decarbonize homes and businesses
  • Drive clean innovation in industry
  • Protect Michigan’s land and water

Click here to start your registration.

 

House committee hears testimony as trial court funding deadline looms

Trial court funding sources (April 2023).

Legislative efforts ramped up this week to address funding for Michigan’s trial courts, which are now facing the legal expiration of a key funding source.

Action is now in the House Judiciary Committee and focused on two bills: House Bill 5392, by Rep. Sarah Lightner (R-Jackson), extends the current May 1, 2024, sunset date on the authority of courts to levy fees to May 1, 2026; and House Bill 5534, by Rep. Kelly Breen (D-Oakland), which outlines a plan for the State Court Administrative Office to collect data on trial court costs and revenue sources and provide a report to the Legislature with proposals to implement the Trial Court Funding Commission’s recommendations from 2019.

MAC is supporting both efforts, though its immediate focus is on HB 5392, since inaction would create an immediate funding gap.  MAC testified to this point on Wednesday.

Courts stand to lose nearly $50 million in operational funding annually if HB 5392 does not pass. This loss of revenue, if not supplemented by the state, will fall on the counties to cover.

It is expected that HB 5392 will advance out of committee in an amended form to set a Dec. 31, 2026, sunset on fee authority.

Political dynamics in the House, however, could delay passage of both bills. The bills are expected to be tie-barred, meaning one cannot move through the legislative process without the other.

The bills are likely to be voted out by the committee next week and move to the House floor.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

MAC urges passage of bill to deter unfunded mandates on locals

Deena Bosworth testifies on HB 5353 before the House Local Government Committee.

A renewed effort to require legislators to consider the fiscal implications of new mandates on local governments prior to enacting them received MAC’s support in testimony before the House Local Government Committee this week.

House Bill 5353, by Rep. John Fitzgerald (D-Kent), is a re-introduction of legislation that’s been introduced every legislative session since the Legislative Commission on Unfunded Mandates issued its report in 2009. In the last Legislature, Sen. Ed McBroom (R-Dickinson) was able to move SB 449 out of committee before it stalled on the Senate floor.

HB 5353, as with previous iterations, seeks a fiscal note process for legislation and departmental rules that increase or create new mandates on local units of government. It requires the identification of additional mandated services and a cost estimate for those services prior to the third reading of the bills in the originating legislative chamber or prior to the implementation of new departmental rules. This approach will allow legislators to have prior knowledge of the potential costs and be able to weigh their support or opposition based on complete information.

Funds required to perform the new mandates must be appropriated and sent out to local units before the locals would have to comply with the new mandates. The bill would affect new bills and rules only.

Twenty-eight states have similar reporting requirements, and many states have requirements that mandates must be funded. Michigan’s “Headlee Amendment” already requires that our mandates be funded. However, this requirement has not been routinely met.

With county-controlled resources (property taxes) already constrained by Headlee and Proposal A, additional service requirements imposed on counties by the state must come with the resources to meet them, MAC’s Deena Bosworth told committee members this week during her testimony (see 39:00 mark).

No vote was taken on the bill this week, but MAC is hopeful the bill will advance this spring.

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

 

Senate appropriations panel hears from MAC on juvenile justice reforms

Severe shortages in staffing and bed space are limiting the effects of juvenile justice reforms enacted last year, MAC told a Senate appropriations subcommittee this week.

Panel Chair Sen. Sylvia Santana (D-Wayne) convened a hearing to gauge the state of juvenile justice reform at the state and county level and determine the needs of counties and courts providing juvenile justice services.

MAC’s Samantha Gibson was among stakeholders who spoke to the struggles faced at the county level in providing care and support to youth in the justice system.

Among the reforms from enacted last year and now being implemented, the Child Care Fund reimbursement rate increase from 50 percent to 75 percent is most beneficial, Gibson told the panel, allowing courts and counties to expand on previously provided programs or possibly create new ones they could not fund prior to the increased reimbursement rate.

MAC once again called on legislators and the Department of Health and Human Services to assist in addressing the staffing shortage in juvenile detention facilities. More funding to counties is needed to boost staff wages and, in turn, promote more effective recruitment and retention efforts.

Additional hearings on this topic are expected in coming weeks.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

State gets federal grant for juvenile services

Treatment options in counties for justice-involved or high-risk youth will be expanded by the Michigan Department of Health and Human Services (MDHHS) with a $825,000 grant from the federal government.

The department intends to use these federal dollars to create more beds and more appropriate placement options for high-risk youth in need of long-term residential treatment. According to MDHHS, Project activities include:

  • Starting a Juvenile Justice Planning Council that will advance efforts to reduce the number of youth placed in detention or secure residential placements through effective prevention, intervention, diversion and re-entry services.
  • Identifying evidence-based practices, and culturally appropriate strategies that advance the long-term well-being and success of youth and their families.
  • Developing strategies to evaluate the economic impact of changes that result in cost savings and identifying how those cost savings can be reinvested into the larger continuum of care.
  • Creating a sustainable framework that supports reducing incarceration of youth and their diversion into community programs through a coordinated, collaborative strategy that also promotes safe communities.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

House committee backs bill to address sheriff staffing

Legislation to allow county boards of commissioners to choose if retired county employees who work at a sheriff’s office can continue to receive retirement benefits during a period of re-employment advanced out of committee this week.

House Bill 5203, by Rep. Kelly Breen (D-Oakland), received unanimous support from the House Local Government Committee and now moves to the House floor.

At present, if a person receiving retirement benefits becomes re-employed by the same county, their retirement payments are suspended for the length of their re-employment.  The bill would allow retirement benefits to continue during re-employment if a retiree is hired by a sheriff’s office.

Allowing this practice would help address the severe staffing shortages seen within county sheriff’s offices.

MAC supports this legislation.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

Podcast team discusses MAC’s behind-the-scenes efforts at Capitol

While the State Capitol might not be dominating headlines with passage of major legislation so far in 2024, the work there for MAC is as expansive as ever, members of the Podcast 83 Team note in their newest episode.

The legislative slowdown continues from the results of last November’s elections when the Democrats lost their majority in the House, leaving a 54-54 chamber that will remain tied until the end of April when new members are seated for two vacancies.

MAC, however, continues to crisscross the Capitol campus to brief legislators on county priorities and needs.

MAC, for example, testified last week before a Senate appropriations panel on the association’s opioid settlement efforts and the reaction was widely positive, Samantha Gibson reported.

“Our feeling on feedback from senators after that committee hearing was that they were really glad and impressed to hear about what was going on at MAC,” Gibson said. “It is important to note that I don’t believe anyone has started spending their settlement dollars yet and that’s because counties are really taking the time to hear from stakeholders and make sure that as many people as possible are engaged in the process, that they’re going to spend those dollars as effectively as they can.”

Director of Governmental Affairs Deena Bosworth spoke about her planned testimony on  House Bill 5353 (see item above).

“MAC has always been supportive of any kind of unfunded mandates legislation dating back to 2009, when the legislative commission on unfunded mandates issued their report,” Bosworth explained. “We have not been successful in getting this all the way through the process and enacted. I’m keeping my fingers crossed that we can cross that threshold this time.

“The only teeth (in the bill) are that we don’t have to comply … if they don’t follow the fiscal note process,” Bosworth added. “

View the full video of the episode, recorded on March 4, by clicking here.

Previous episodes can be seen at MAC’s YouTube Channel.

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

 

Webinars explain how to challenge internet connection maps

The Michigan High-Speed Internet Office (MIHI) will soon be testing the unserved, underserved and served status of homes, businesses and community anchor institutes across the state. Individuals will be able to complete the BEAD Challenge Process to determine the status of their internet connection, verifying the accuracy of the maps determined by the National Telecommunications and Information Administration (NTIA). The challenge process will be open March 25-April 23.

While individuals may complete the testing process, they cannot submit the data themselves. Only local units of government, tribal governments, internet service providers and nonprofit can submit this data to MIHI.

Many county buildings are considered community anchor institutes, so they are able to challenge their connection status through the process.

MAC will share reminders as the start of the challenge process nears. In the meantime, MIHI will be hosting two upcoming webinars for participants to learn more:

  • Designed for Eligible Challengers – Tuesday, March 12, 1 p.m.-2m.
    • Eligible Challengers are local units of government, tribal governments and nonprofits.This session will cover what types of challenges will be accepted, what type of evidence will be required, and how to use the State Challenge Portal to submit challenges and evidence.
  • Designed for Community Anchor Institutions – Thursday, March 14, 1:30 p.m.-2:15m.
    • CAIs are organizations that serve as hubs for digital access in their communities and, as a result, have increased connectivity. This session will cover how CAIs can verify whether they are correctly represented on the map and how they may monitor and respond to any challenge about whether they fit the definition of a CAI.

For more information on MAC’s work on broadband issues, contact Madeline Fata at fata@micounties.org.

 

EPA opens grant program on hazardous waste

Funding opportunities for household hazardous waste collections and setting up waste diversion centers will soon be available to counties. The U.S. Environmental Protection Agency (EPA) has shared the following information with the Michigan Department of Environment, Great Lakes, and Energy:

“U.S. EPA Region 5 has opened the FY2024-2025 Source Reduction Assistance Notice of Funding Opportunity. This regional competitive grant program provides funding for projects that promote practical source reduction practices, tools, and training or Pollution Prevention (P2) approaches, such as reducing single-use plastics or using green cleaning or other safer chemical alternatives.

“Tribes, States, local governments and not-for-profit organizations are eligible for funding.  Region 5 anticipates awarding 1-4 projects ranging from $40,000-$240,000 up to a total of $240,000 in federal funds. The number of awards is subject to the availability of funds, the quality of applications received, and other applicable considerations. The application deadline is April 15, 2024.”

While a variety of projects are eligible, the program’s priority areas are:

  1. Prevention of Greenhouse Gas Emissions
  2. Hazardous Materials Source Reduction
  3. Innovative approaches to conservation of materials and resources
  4. Environmental Justice through P2 Actions

For additional support, contact Claudia Santiago at 312-886-0674 or Santiago.claudia@epa.gov.

 

NACo continues to accept Achievement Award applications

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.

Applications are due March 30, 2024.

Michigan counties have won numerous awards in recent years for efforts ranging from the use of recycled materials for roads to cyber defense strategies to specialty courts.

Click here for more information or to begin your application process.

 

Opioid commission releases annual report

The Opioid Advisory Commission (OAC) is excited to share its 2024 Annual Report.

Please find the report, available here. It is also publicly accessible on the OAC’s website under “Commission Documents” > “Annual Reports.”

Also available is the 2024 supplemental brief. This document covers overarching themes, key takeaways/needs, and primary funding recommendations for appropriation from the Michigan Opioid Healing and Recovery Fund.

The OAC is also in the process of finalizing its “Action Guide”, anticipated for release later this month. The Action Guide will lay out steps that state leaders can take to support/adopt OAC recommendations.

For information about MAC’s work on opioid settlements, click the image or contact Amy Dolinky at dolinky@micounties.org.

 

Legislative Conference keynoter will address leadership in times of change

Leading in times of crisis and change will be the theme of the keynote address at the 2024 Michigan Counties Legislative Conference, to be held April 29-May 1 in Lansing.

Retired Adm. Peter Cressy, director of Executive Leadership Programs at the Washington Leadership Institute, will speak on:

Washington, Lincoln, Roosevelt, Churchill: A Strategic Approach to Leading in Times of Crisis and Change: Washington and these other great leaders manifested eight common characteristics in leading during times of crisis and change, ranging from visibility and communication to planning and collaboration. This popular session will explore examples of these traits during the times of crisis each of these outstanding leaders faced, which remain relevant today.”

Registration is now open for the 2024 conference, with sessions at both the DoubleTree (formerly Radisson Hotel) and the Lansing Center. The event is co-hosted by the Michigan County Medical Care Facilities Council (MCMCFC).

Additional plenary sessions will feature:

  • A discussion with the Legislative “Quadrant” (senior officials in the House and Senate)
  • Remarks from National Association of Counties (NACo) President Mary Jo McGuire of Ramsey County, Minnesota
  • MAC Legislative Update
  • Remarks from MAC President Jim Storey of Allegan County
  • Presentation of certificates to the 2024 graduating class of County Commissioner Academy

Breakout sessions on current challenges for county leaders, including broadband funding updates, lessons learned from the opioid settlements, impact of renewable energy siting legislation, options for infrastructure funding to address the expansion of electric vehicles and much more!

A Legislative Reception will be held on the evening of Tuesday, April 30.

Registration is online only and may be done by clicking here.

 

 

 

 

 

 

 

Member – Full Conference Rate | $425

Member – Two-Day Rate | $370

Member – One-Day Rate | $125 to $245 (depending on day)

Non-Member – Full Conference Rate | $525

Non-Member – Two-Day Rate | $470

Non-Member – One-Day Rate | $165 to $305 (depending on day)

Spouse Meal Package Rate | $225

The DoubleTree (formerly Radisson Hotel) is providing a special group rate of $142.95 for the event and is connected via the newly renovated pedestrian bridge to the Lansing Center itself. The bridge now offers improved lighting, new security systems, ventilation system and carpet.

Check-in is 4 p.m.; check-out is noon. MAC has designed the conference agenda to ensure attendees will have no issues in coordinating their schedules on check-out day.

The cutoff date to reserve your room is April 4, 2024. There is no guarantee that rooms will be available until April 4, so you are encouraged to reserve early.

For agenda details and other information, please consult the MAC website.

 

MAC briefs Senate panel on opioid settlement efforts

MAC’s Amy Dolinky and Samantha Gibson testified before the Senate Department of Health and Human Services (DHHS) Appropriations Subcommittee on Wednesday to share the association’s work with counties relating to opioid settlement dollars.

The committee also heard testimony from DHHS and the Opioid Advisory Commission (OAC).

In her testimony Dolinky highlighted MAC’s role in providing planning and capacity building for opioid settlement funds. MAC has created a toolkit for local spending, resource center, resource library, local government learning community, informational webinars, and numerous other resources and templates for use by local governments.

Dolinky reported that 66 counties have engaged in some capacity with MAC’s technical assistance. Most counties have created steering committees to ensure stakeholder engagement, review local data and develop recommendations of priority areas where funds may be used to share with their boards of commissioners.

MAC has advised for intentional effort to include local voices in planning processes and decision-making, as well as long-term and sustainability planning efforts. Most counties have not yet spent funds, Dolinky explained, as they are focused on ensuring they understand the specific needs of their communities and the ways in which funds can be best leveraged alongside other funding sources addressing substance use.

Later that day, Dolinky participated in a media discussion on opioid settlement work with other health policy leaders in Michigan. To view or listen to that discussion, click here.

For more information on the opioid services, contact Amy Dolinky at dolinky@micounties.org.

 

Counties enjoy 90 percent success rate in millage elections

Michigan counties that asked their residents for revenue support this week achieved a 90 percent success rate, according to results collated by the Gongwer News Service.

Nineteen of 21 county-related millage requests (either renewals or increases) gained voter approval, a success rate of 90 percent, well above the overall rate of 83 percent for all millage elections this cycle.

Click here to see county results.

 

‘ForwardTogether’ is theme of 2024 National County Government Month

National County Government Month (NCGM), held each April, is an annual celebration of county government. Since 1991, the National Association of Counties (NACo) has encouraged counties to actively promote county roles and responsibilities in serving residents. Counties can schedule activities any time during the month. NCGM is an excellent opportunity for your county to highlight effective or innovative county programs and raise public awareness of services provided to the community. 

This year’s National County Government Month theme is consistent with NACo President Mary Jo McGuire’s focus for the year, ForwardTogether.  

ForwardTogether is about connecting, inspiring and leading – pillars of county government that build trust and drive towards solutions. Counties are encouraged to reflect on this theme as you choose how to celebrate NCGM. In particular, consider how NCGM is so intrinsically connected to the responsibility of county leaders to inspire our residents to take an interest in and engage with their communities, and how it presents an opportunity to lead in new and growing ways.

To download a toolkit from NACo for our NCGM activities, click here.

 

Counties to get $43.5M for marijuana payments

Seventy-one counties will share in $43.5 million in revenue from the Michigan Department of Treasury for the taxes and fees collected in state fiscal 2023 under the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018).

The distribution rate for FY 2023 adult-use marijuana payments is slightly over $59,000 per licensed marijuana retail store or microbusiness. Each city, village, township and county will receive a payment based on the number of licensed marijuana retail stores and microbusinesses located within its jurisdiction as of September 30, 2023.

A listing of adult-use marijuana payments can be found in the following document:

For more information about distributions under the Michigan Regulation and Taxation of Marihuana Act, go to www.michigan.gov/revenuesharing. Questions regarding payments can be emailed to TreasRevenueSharing@michigan.gov or call 517-335-7484.

 

Forum will focus on mass shootings and local responses

A forum to brief county and other local leaders on resources to prevent and respond to mass shootings will be held on April 17 in Lansing.

“School Mass Shooting & Critical Incident Preparedness Forum: The Role of Local Leaders” which run from 9 a.m. to 1 p.m. at Crowne Plaza Lansing, 925 S. Creyts Rd. 

“The MSU and Oxford Village shootings have taught us that a school shooting can happen anywhere at any time. We owe it to our children to be prepared. Give the importance of this issue, former Dayton, Ohio, Mayor Nan Whaley (who responded to a mass shooting in Dayton) and Lansing Mayor Andy Schor will be keynote speakers. They will be joined by subject matter experts who will brief us on crisis communications, victim services, law enforcement training needs, school safety and available resources for county and other local leaders,” explained event organizer Sarah Peck of the Public Health Advocacy Institute at Northeastern University’s School of Law.

Registration link: https://www.chds.us/in/registration/?event=3355

Contact Peck at s.peck@phai.org for questions.

 

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‘Fiscally Ready’ session will feature advice on budget work

How to process and communicate your budget will be among the topics explored at the next “Fiscally Ready Communities” webinar on March 14.

The Michigan Department of Treasury and Michigan State University Extension (MSU Extension) host these free trainings that are designed to assist appointed and elected officials with entry and intermediate level budgeting knowledge.

The March 14 session, which will run from 10 a.m. to 11:30 a.m. (Eastern), will feature:

  • The budget process and communicating your budget
  • Dealing with uncertainty in a changing economy
  • Understanding key financial variables, such as:
    • The “rainy day fund”/fund balance/net position
    • Understanding how the tax base provides revenue
    • Understanding volatile revenue
    • Forecasting revenue and expenditures
  • How to track your budget performance, including reviewing and amending your budget
  • How spending in the present will have an impact on the future.

Click here to register.

For more information about Fiscally Ready Communities, please check out the Treasury Fiscally Ready Communities webpage.

For questions, email TreasLocalGov@michigan.gov with the subject line “Fiscally Ready.”

 

Comment sought on best practices for underfunded retirement plans

The Municipal Stability Board is soliciting feedback on February 2024 revisions to the Corrective Action Plan Development: Best Practices and Strategies document, which was originally issued in 2018.

Section 8 of Public Act 202 of 2017 requires the Municipal Stability Board (the Board) to review and annually update a list of best practices and strategies that will assist underfunded local governments in developing their corrective action plans. At their meeting on Feb. 21, the Board approved an updated best practices and strategies document, which can be viewed at the Board’s website along with other documents at Municipal Stability Board.

The Best Practices and Strategies document includes the following three best practice principles: Plan Funding, Modern Plan Design, and Effective Plan Administration. It also includes detailed corrective action plan approval criteria, including underfunded status, legality, and affordability.

Any individual or organization that would like to submit comments should provide those comments in writing by March 15, 2024.

Comments may be submitted by email to LocalRetirementReporting@michigan.gov with the subject line titled, “Best Practices Comment: 2024.”

 

MAC Team attends NACo Annual Legislative Conference

The National Association of Counties (NACo) hosted its annual legislative conference earlier this week. Michigan was well represented at the conference with more than sixty commissioners in attendance, as well as several MAC staff members.

Several attendees had the opportunity to meet with their respective congressional representatives. MAC armed them with a list of federal priorities including restoring full mandatory funding for the Payments in Lieu of Taxes (PILT) program, support for federal legislation to amend the Medicaid Inmate Exclusion Policy to reinstate Medicaid benefits to county jail inmates prior to their release, and extending funding for the Affordable Connectivity Program so low-income households can continue accessing broadband at a reduced rate.

President Joe Biden made an appearance at the conference speaking to a general session on Monday. Biden spoke of America’s comeback from the pandemic era, both economically and emotionally. As a former county commissioner himself, Biden introduced the American Rescue Plan Act and Bipartisan Infrastructure Law to help counties navigate those unprecedented times. Biden highlighted new job opportunities with the return of semiconductor companies to America and a multibillion-dollar investment in broadband deployment.

With deadlines for U.S. Senators and Representatives to submit their earmark requests to appropriations committees, please be sure to inform your federal legislators of any earmark proposals as soon as possible.

The NACo legislative conference is always a great opportunity to swap ideas and learn from other states how they have tackled issues that Michigan is facing. It is a platform for learning more about federal programs and connecting with Michigan’s federal legislators. Please consider participating in 2025!

FY25 budget year is off to good start for counties, Podcast 83 team says

Counties would see significant investments in key needs under Gov. Gretchen Whitmer’s fiscal 2025 state budget, MAC’s Podcast 83 team noted in a new episode.

However, new dollars for revenue sharing, juvenile justice and health care for some jail inmates still have to get through the legislative budget process, never a sure thing said team members.

Whitmer calls for $281.2 million for county revenue sharing, with increases set in a mix of unrestricted and restricted formats. If approved, this amount would represent a $26 million boost from the FY24 baseline amount.

Governmental Affairs Director Deena Bosworth cautioned that this amount is the starting point of budget talks. “We have to watch it through the entire process very, very closely,” she said.

The governor’s plan also did not reference the creation of a dedicated and secured Revenue Sharing Trust Fund, a MAC priority for 2024, but Bosworth said the progress made last year in the Legislature on that issue is a good sign for eventual passage.

“We’re starting to see some decent sized growth right now,” Bosworth said. “But we went back and looked at where county revenue sharing was in 2001. It was $228 million. This year, the recommendation, including the one-time funds as $281 million. If we just kept up with inflation (from 2001), we would be over $400 million for counties across the state.”

On the juvenile front, Samantha Gibson said, “We’ve discussed at length, especially on this podcast, the juvenile justice bed shortage crisis. In (this budget), we do see some significant funding suggestions to go towards resolving that bed shortage. There’s $38 million to kind of reconfigure how the (state) contracts with child caring institutions.”

Whitmer’s plans in the criminal justice sphere include a $30.5 million allotment to cover health services for jail inmates slated for release who would otherwise be eligible for federal Medicaid coverage. This amount would be in service of a state effort to get a so-called Section 1115 Re-entry Waiver from the federal government to relieve counties of health care costs they now bear due to the Medicaid Inmate Exclusion Policy.

Reform of that policy is a MAC priority for 2024, Gibson noted.

MAC was also pleased to see a $15 million allotment for stormwater improvements, said Madeline Fata.

Whitmer also seeks a 1,289 percent increase in the tipping fees to place waste in landfills, moving it from 36 cents to $5 per ton. “Gov. (Rick) Snyder recommended something similar back in 2018,” Fata said, “and he wasn’t able to get it across the finish line. With that increase, it would bring us up to par with other Midwestern states, as Michigan is currently the lowest with tipping fees.

“It would then deter out-of-state dumping, which is a problem that Michigan faces,” Fata added. “MAC does support mechanisms to deter out-of-state waste. Ultimately (the proposed increase) would generate about $80 million annually.”

For more coverage of the FY25 budget plan, see MAC’s Legislative Update from Feb. 9.

View the full video of the episode, recorded on Feb. 8, by clicking here.

Previous episodes can be seen at MAC’s YouTube Channel.

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

2023 PPT Reimbursement Correction Process

The Michigan Department of Treasury (Treasury) reminds municipalities that, although not required, they can correct errors in the 2023 Personal Property Tax (PPT) reimbursements distributed in October 2023 and February 2024.

The Local Community Stabilization Authority (LCSA) Act provides municipalities an opportunity to review the PPT reimbursement calculations and data used in the calculations to ensure accurate PPT reimbursement distributions. To determine if an error has occurred in the PPT reimbursement calculations or data used, the municipality must review the applicable reports on Treasury’s 2023 Personal Property Tax (PPT) Reimbursements website.

Links to the 2023 PPT reimbursement calculations and most common data used:

  1. School District & ISD – 2023 PPT Calculation by Millage – October 2023 and February 2024
  2. Other Municipalities – 2023 PPT Calculation by Millage – October 2023 and February 2024
  3. 2013 and 2023 Personal Property Taxable Values Reported in Calendar Year 2023
  4. 2013 and 2023 Personal Property Taxable Values of Renaissance Zones

When NO Errors Are Identified:

If a municipality does not identify an error, the municipality does not need to file a form or take any further action to notify Treasury. 

When Errors ARE Identified:

If a municipality does identify an error, the municipality will need to complete the appropriate correction form to notify Treasury of the error(s). In addition to the correction form(s), municipalities must provide substantiating documentation to support a correction. The correction forms (along with the associated deadlines) are available on Treasury’s Forms for Calculation of PPT Reimbursements website.

  1. Form 5651 – Correction of 2023 Personal Property Taxable Values Used for the 2023 Personal Property Tax Reimbursement Calculations
    1. Municipality submission deadline to County Equalization Director: February 28, 2024
    2. County Equalization Director submission deadline to Treasury: March 31, 2024
    3. Note: Per the LCSA Act, only the 2023 personal property taxable values may be corrected. The 2023 personal property taxable values must be the taxable value on May 10, 2023.
       
  2. Form 5654Correction of School Millage Rates or Other Errors for the 2023 Personal Property Tax Reimbursement Calculations
    1. Municipality submission deadline to Treasury: March 31, 2024
    2. Note: Only debt and hold harmless millage rates for school districts may be corrected at this time. The LCSA Act does not allow any other millage rate errors to be corrected after August 1, 2023.  
  1. Form 5658 – Modification of the 2013, 2014, and 2015 Personal Property Taxable Values Used for the 2023 Personal Property Tax Reimbursement Calculations
    1. Municipality submission deadline to Treasury: March 31, 2024
    2. Note: Per the LCSA Act, the 2013, 2014, and 2015 personal property taxable values may only be modified because of a personal property reclassification or municipal boundary change.

The corrections reported on Form 5651, Form 5654, and Form 5658 will be used in the calculation of the May 2024 distribution of the 2023 PPT reimbursements.

Please direct any questions regarding the PPT reimbursement correction process to TreasORTAPPT@michigan.gov or 517-335-7484.

Webinar will review resources of new grants hub

Amid the unprecedented number of funding opportunities for local governments, there’s a critical need for communities to effectively track, plan and apply for grants. For many, navigating this process exceeds their capacity.

Enter MI Funding Hub: Your one-stop shop for finding and receiving support on grants.

Through support from the Michigan Department of Labor and Economic Opportunity, MI Funding Hub will provide communities with resources to capitalize on state and federal funding opportunities. Launching this spring, the hub will include an online grant-tracking tool as well as technical assistance for communities to identify, plan, and apply for grants.

Join for an explanatory webinar on Feb. 29 at 10 a.m. to:

  • Learn more about MI Funding Hub and meet the partners behind this initiative 
  • Explore how you can take advantage of these resources 
  • Weigh in on what grant resources would help your community the most

Click here to register.

MAC sets federal legislative priorities in 2024

In advance of next week’s National Association of Counties gathering in Washington, D.C., MAC has finalized its legislative priorities for 2024 on Capitol Hill. (Click here for downloadable PDF of the list.)

“Proper funding for PILT, of course, is a perennial agenda item for MAC, as Michigan has the second-largest amount of untaxable land of the states east of the Mississippi River,” said Deena Bosworth, director of governmental affairs. “And we will be pushing hard, along with NACo, for Congress to reform the Medicaid Exclusion Policy that leaves county taxpayers footing the bill for health services for jail inmates who have not received adjudication.”

Full Funding for Payments in Lieu of Taxes (PILT) Program

  • MAC and NACo support restoring full mandatory funding for the Payments in Lieu of Taxes (PILT) program, which compensates counties for untaxable federal land.
  • The Permanently Authorizing PILT Act (H.R. 3043) would permanently authorize the PILT program.
  • R. 3043 would add boilerplate to U.S. code to permanently and automatically fund PILT.
  • The PILT Reauthorization Act (S. 2480) would authorize federal PILT for 10 years.

Reasonable Health Care Cost-sharing for County Jail Inmates

  • Access to federal health benefits for non-convicted individuals would allow for improved coordination of care and decrease short-term costs to local taxpayers and long-term costs to the federal government.
  • Providing access to federal health benefits for those awaiting trial and verdict decisions would help counties break the cycle of recidivism caused or exacerbated by untreated mental illness and/or substance use disorders, thereby improving public safety.
  • While federal legislation to address necessary reforms to the Medicaid Inmate Exclusion Policy (MIEP) is under way, MAC supports requiring the Michigan Department of Health and Human Services to apply for a Medicaid Section 1115 re-entry waiver to reinstate Medicaid benefits for incarcerated individuals prior to release from county jails.

Renewal of the Affordable Connectivity Program

  • The Affordable Connectivity Program launched in 2022, which offers discounted broadband service to low-income households, is set to expire in April 2024.
  • More than 20 million eligible households have enrolled. Broadband is essential for accessing health care, education, and employment.
  • MAC and NACo urge Congress to extend funding for the program so low-income households can continue accessing the internet at a reduced rate.

For questions on MAC’s federal advocacy efforts, visit our advocacy center or contact Deena Bosworth at bosworth@micounties.org.

 

Tweaked House maps won’t shift state partisan landscape, expert says

Changes to Michigan House lines mandated by a federal court will result in more compact districts in the city of Detroit, but they will not fundamentally alter the current partisan balance of the House of Representatives, an elections expert said in the latest episode of Podcast 83.

Matt Grossman, director of the Institute for Public Policy and Social Research at Michigan State University, discussed with host Stephan Currie the ongoing map work by the Michigan Independent Redistricting Commission. “(F)ederal courts struck down several districts in the Detroit area in the state House … for violating the Equal Protection Clause of the 14th Amendment by predominantly using race as a reason to draw those districts,” Grossman explained. “So now the commission has been asked to go back and redraw those districts and anything else that is reasonably necessary surrounding those districts to get new house maps for use in the elections this year.

Grossman expects the new lines to result in fewer districts reaching out from Detroit “across Eight Mile Road” and the changes to be confined to the city of Detroit and its inner-ring suburbs.

What won’t really come into play with the changes, Grossman said, is the knife’s-edge partisan balance of the Michigan House, which shifted to a 56-54 Democratic majority after the 2022 elections that used the commission’s original maps.

“The new maps led to the statewide winner of more votes, which was the Democratic Party in the last election, getting a majority in the Legislature to match that statewide majority. … We don’t expect this redrawing to affect that. … We’re talking about — at the most — a half a district difference in partisan composition between the maps that are done now and the maps that will be done after this. … There’s a belief that Detroit was divided up in order to achieve that statewide partisan fairness; that’s not really true,” Grossman said.

View the full video of the episode, recorded on Jan. 30, by clicking here.

Previous episodes can be seen at MAC’s YouTube Channel.

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

 

State to get nearly $12 million in latest opioid settlement

The state of Michigan is expected to receive an additional $11.7 million from a national settlement with Publicis Health, a global marketing and communications firm. Funds from this settlement will only be directed to the state government and do not include a requirement to distribute funds to the community.

Michigan Attorney General Dana Nessel announced the settlement Thursday with Publicis Health to resolve investigations into the global marketing and communications firm’s role in the prescription opioid crisis.

“The filings in the Wayne County Circuit Court describe how Publicis’ work contributed to the crisis by helping Purdue Pharma and other opioid manufacturers market and sell opioids,” the Attorney General’s Office stated. “Court documents detail how Publicis acted as Purdue’s agency of record for all its branded opioid drugs, including OxyContin, even developing sales tactics that relied on farming data from recordings of personal health-related in-office conversations between patients and providers. The company was also instrumental in Purdue’s decision to market OxyContin to providers in patient’s electronic health records.  

“According to the Michigan Department of Health and Human Services, between the years 2000 and 2020, the opioid death rate in Michigan increased on average 13.9 percent each year. These deaths — and the impacts on thousands who have struggled with opioid addiction — have created considerable costs for our health care, child welfare and criminal justice systems.”

For more information on MAC’s opioid settlement advisory work, contact Amy Dolinky at dolinky@micounties.org.

 

MDOT will pay you $10 for your views about infrastructure

The Michigan Department of Transportation is studying possible changes to how our transportation infrastructure is funded. “As we move toward a low-emission future with electric vehicles and new types of fuels, we need to explore fairer, more sustainable ways to continue to fund and maintain our roads, bridges and public transit systems,” the department says. “This study explores road usage charges, which means that instead of paying state fuel taxes, you would pay a few cents for each mile you drive. To learn more about road usage charges, complete the survey, which includes an informative video.”

The study is currently seeking input from the public. “We want to hear from you regarding the fairest ways to pay for our transportation system. Michigan residents aged 18+ who complete the survey will receive a $10 gift card to thank you for your time.”

Terms and conditions apply. Read the full terms and conditions.

 

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