State expands vaccination eligibility; fewer than 500,000 vaccinated so far
State leaders announced this week an expansion of the vaccination effort against the COVID-19 pandemic.
The state has moved to phase 1B of distribution, which includes individuals 65+, teachers, local frontline workers and jail staff. The state has given county health departments the approval to start scheduling phase 1B vaccinations beginning Monday, Jan 11. Due to limited vaccine availability and cold chain storage restrictions, not all health departments are able to begin vaccinating phase 1B eligible individuals on Monday. Information on the process and to determine if your local health department is scheduling individuals eligible for phase 1B vaccination can be found here.
To date, 80 percent of deaths due to COVID have occurred among those age 65 and older. Michigan has administered more than 150,000 doses of the 700,000 vaccines shipped.
Many health departments are reporting uncertainty on when more vaccines will become available and growing concerns to identify and schedule those who may not have the tools to navigate an online appointment system. The governor has seen criticism on the numbers as reports show Michigan 11th in the nation when it comes to total vaccines administered, yet a joint letter from a coalition of governors was sent to federal officials this week requesting a release of more vaccines as the roll out grows to more eligible recipients.
County commissioners should ensure they have the most up-to-date information from their local health directors to share with constituents.
For more information on this issue, contact Meghann Keit at keit@micounties.org.
Whitmer signs stack of bills spurred by county-state jail task force
A huge legislative package of reforms suggested by a joint county-state task force on jail policies was signed into law recently by Gov. Gretchen Whitmer.
The laws are the product of months of input from around the state and legislative work from the Joint Task Force on Jail and Pretrial Incarceration.
Among the bills signed into law were Senate Bills 1046-1051, House Bills 5844 and 5854-57 and HB 5846.
MAC largely supported all these measures but was neutral on SBs 1046 and 1048.
While MAC applauds the progress made in 2020, we support further legislative efforts to act on recommendations pertaining to behavioral health in our jails. State support for mental health diversion, screening tools and increased financial resources is greatly needed to serve this jail population.
For more information on this issue, contact Meghann Keit at keit@micounities.org.
Whitmer lets automation tax break bills expire
A push by the retail giant Meijer for a sales, use and Personal Property Tax (PPT) exemption for large retailers who are installing and utilizing automation equipment to assist with their distribution systems failed this week after the clock ran out for Gov. Gretchen Whitmer to sign it, thereby creating a “pocket vote.”
Senate Bills 1149-1150 and 1153 sought to exempt property, advocates said, that is industrial in nature and the same types of exemptions enjoyed by those same types of companies located in the state’s renaissance zones. They also claimed the automation equipment does not reduce jobs because these employees are redeployed into other areas of their company or they retire. MAC disagreed with those claims, opposed the bills and urged the governor to reject the legislation.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Solar equipment tax bill rejected by governor
Legislation to exempt solar equipment from ad valorem property taxes and replace the levy with a payment in lieu of taxes (PILT) system was vetoed by Gov. Gretchen Whitmer. Although a PILT system, as opposed to a valuation and depreciation model, has its merits, MAC opposed the bills and urged the governor to reject the legislation. MAC expects the policy discussion will resume later in 2021.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Legislative chambers release session calendars for 2021
The Michigan House of Representatives and Senate have released their session schedules for 2021.
The 110-member House has identified 100 days as session days. The 38-member Senate has only released a schedule through June, which calls for 65 session days by June 30.
The National Conference of State Legislatures rates Michigan’s as one of four “green” bodies among the 50 states, meaning they are “full-time, well-paid” and with a “large staff.” The other “green” legislatures are in California, New York and Pennsylvania.
Michigan also is one of just 11 states that have no limits on the number of session days.
FAA sponsoring drone session on Jan. 14
County officials are invited to attend a kickoff meeting led by the Federal Aviation Administration (FAA) on new rules governing the use of drones.
The FAA’s Unmanned Aircraft Systems (UAS) Office of Safety and Integration is launching a UAS local government networking group with the first session on Jan. 14, 2021, from 3 p.m. to 4:30 p.m. EST, with a 30-minute virtual social to follow. There is no cost to attend this virtual event.
If you are interested, contact Diana Robinson of the FAA at diana.robinson@faa.gov.
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Ottawa’s Vanderberg earns national honor
Ottawa County Administrator Al Vanderberg was recently named a recipient of the 2020 Engaging Local Government Leaders Traeger Award, which recognizes the 100 top local government influencers in the nation.
In the nomination statement for him, Vanderberg was described “a top influencer. Not only does he work tirelessly for what’s best for Ottawa County, but places a high premium on training staff and helping emerging leaders fulfill their utmost potential. He also serves as a role model and a leader for his colleagues across the country. He’s not afraid to try innovative things while consistently keeping top of mind the goal of ensuring the county is serving its citizens.”
The awards are given by Engaging Local Government Leaders (ELGL, an “accidental professional association” that began in Portland, Ore., in 2012 with a 16-member dinner group. Focused on all levels of local government (from analysts to mayors; librarians to planners; and everyone in between), ELGL’s mission is to engage the brightest minds in local government by providing timely and relevant content through podcasts, blogs, webinars, social media and conference gathering, with the objective of fostering authentic and meaningful connections that are grounded in practices of equity and inclusion.
Counties can apply for federal rental assistance funds
The U.S. Treasury just released information for the new $25 billion emergency rental assistance program authorized under the year-end COVID-19 relief and omnibus spending package, the National Association of Counties reported this week. Under the legislation, counties with populations above 200,000 residents are eligible to receive direct payments from the U.S. Treasury. Other counties may receive an allocation from their state, similar to the original CRF program under the CARES Act.
This is Treasury’s new rental assistance webpage that provides information directly from the U.S. Treasury on the new program. This link will take eligible recipients to the submission process for receiving funds. The deadline to submit is Jan. 12, 2021.
Video of workplace safety seminar available to counties
A recording of a Dec. 17, 2020, webinar on workplace safety co-sponsored by MAC and its CoPro+ procurement subsidiary is now available to all county members.
CoPro+ and SPACE have been awarded a contract that can be accessed by MAC members for the purchase of hand sanitizers, plexiglass dividers and Anew Facility Armor, powered by the BioprotectUS system.
Staff picks
- New law aims to help localities shift to ‘.gov’ web addresses (RouteFifty)
- Prehistoric human remains found along shoreline at Sleeping Bear Dunes (MLive)
- Medicaid and Continuity of Coverage for the Justice-Involved Population: An Assessment of Select Michigan Counties and Jails (Wayne State University)
- Michigan gravel industry to again try to limit local control on mining (Bridge Magazine)
Further OMA changes expected by end of year
With the House session delayed due to COVID positive cases (see below), a bill to extend the “no reason” option for virtual local board meetings remains stuck on the House floor.
House Bill 6207, by Rep. Luke Meerman (R-Ottawa), awaits further action. However, the Senate was able to meet, so Senate Bill 1246, by Sen. Lana Theis (R-Livingston), could gain traction. SB 1246 is identical to HB 6207 in that it extends the ability for local boards to meet remotely, for any reason, through March 31, 2021.
After March 31, 2021, remote meetings could be held if a local emergency is declared or to accommodate a member that has a medical condition that would put them at risk during an in-person meeting. The medical condition exception only applies to that individual member for remote ability- not the entire body. (See MAC’s COVID resources page for a link to a state of emergency resolution template developed by the Lansing firm of Cohl, Stoker and Toskey.)
The bill would also accommodate local jurisdictions that must pass an ordinance of local emergency. For county boards, a declaration can still be made pursuant to current law as allowed under the Emergency Management Act.
The legislation is expected to get to the governor’s desk before the end of the year. Gov. Gretchen Whitmer is expected to sign it.
For questions, contact Meghann Keit at keit@micounties.org.
Medical officer outlines Michigan’s plan on vaccines
Gov. Gretchen Whitmer addresses the media as Dr. Joneigh Khaldun looks on in this Detroit Free Press photo.
Michigan’s chief medical executive, Dr. Joneigh Khaldun, outlined the state’s vaccination plan this week, pending federal decisions. In addition, Khaldun and Gov. Gretchen Whitmer announced a bipartisan commission to educate Michiganders on the COVID-19 vaccine.
Interested candidates can apply for the commission by clicking here and selecting “Protect Michigan Commission” from the dropdown menu of the application. The deadline to apply is Dec. 28.
The vaccine will be deployed in phases beginning with health care providers and those in long-term care facilities. Essential workers, such as educators, police and fire, follow, as well as adults 65 and older or with high-risk medical conditions.
Earlier this month, Robert Gordon, director of the Michigan Department of Health and Human Services, told a legislative committee there is no plan to mandate a vaccine.
With a goal of 70 percent of Michigan adults vaccinated by the end of 2021, the administration of the vaccine will be a collaborative effort with hospitals, local health departments and the Michigan National Guard. Allocations are pending federal approval and manufacturing ability, but vaccinations are expected to begin before the end of this year.
The full presentation can be found here.
For questions on the vaccine, please call the COVID-19 Hotline at 888-535-6136 or email COVID19@michigan.gov.
COVID cases prompt cancellations of House activities
The Michigan House of Representatives largely ground to a halt this week as additional COVID-19 cases and exposures were reported around House members and staff.
As it stands, the House has just three scheduled session days left next week before the end of the 2019-2020 term.
Eight members of the state House and 21 staffers are reported to have tested positive so far this year. The Senate has reported three of its members and 16 of its staff have had COVID-19, for a total of 11 elected members and 37 legislative staffers who have confirmed they’ve had COVID-19.
As of Friday, MAC presumes the House will return to normal operations for Tuesday, Dec. 15. It is not clear if the delays of the past week will lead the Legislature to remain in session well into late December.
Podcast 83 continues ‘lame duck’ episodes
MAC Executive Director Stephan Currie led the Podcast 83 team through a review of legislative activity as 2020 comes to a close in the latest episode of Podcast 83 on Dec. 7.
MAC advocates Deena Bosworth and Meghann Keit detailed their work on further changes to the Open Meetings Act on allowing remote sessions, changes to property tax collections and news out of Washington, D.C., on additional federal aid for COVID-19 response.
The team also took questions from county leaders who participated in the live session.
To view a recording of this episode, or others, visit the Podcast 83 webpage.
MIDC to hold final 2020 session on Dec. 15; some plans still pending
The Michigan Indigent Defense Commission (MIDC) will hold its final meeting of 2020 on Dec. 15 starting at 9 a.m. (See the agenda here.)
In October, the commission approved 110 of 120 system plans for FY 2021 and cost analyses and had distributed grant contracts to those systems. The outstanding plans and cost analyses are on the agenda next week, including those for the largest system, Wayne County.
The Legislature approved $117 million for grants in FY 2021. However, it is uncertain if this will cover the full cost for all plans until the MIDC has approved all systems. MAC supports full funding for all systems to comply with the state standards 1-4 and all future minimum standards.
The most recent standard (no. 5), which requires that indigent criminal defense services be independent of judicial influence, was approved by the Department of Licensing and Regulatory Affairs in October. A plan for compliance with Standard 5 will be due to MIDC by April 27, 2021. Submission of a plan for compliance with Standard 5 will correspond with the annual compliance planning cycle for all approved standards.
MAC will provide an update next week from the commission’s Dec. 15 session.
For questions, contact Meghann Keit at keit@micounties.org.
Bill for property tax penalties and interest waiver regains traction
For the better part of 2020, the House and the Senate have been working on a bill to forgive the penalties and interest for those who could not afford to make their summer property tax payments.
Senate Bill 943, by Sen. Peter MacGregor (R-Kent), was thought dead for the better half of 2020, however, due to the inability of stakeholders to reach a consensus on how to pay for the anticipated costs of forgiving taxes, penalties and interest. But on Thursday, the Senate scaled back the proposal and placed the burden on the Department of Treasury to take applications, provide deferments of summer taxes and to reimburse local governments for their losses.
The bill does not provide an exemption from the taxes, nor does it provide any relief for residential customers or those businesses who have already paid their summer taxes. It does, though, provide a mechanism to forgive the penalties and interest for those qualifying businesses who have not already paid their summer property taxes. The bill is targeted for restaurants, bars, gyms and entertainment venues.
MAC is supportive of the revised version of SB 943.
The House will have to consider the bill when they return to session next week.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Jewel Ware, longtime Wayne commissioner, passes
Wayne County Commissioner Jewel Ware died unexpectedly this week from a heart attack.
“The Wayne County Commission family is devastated by the sudden passing of Jewel Ware this morning,” Wayne Chair Alisha Bell said in a statement. “Commissioner Ware was a trusted member of the commission family and her experience in county government and knowledge of county issues were immeasurable. … Residents of the Commission’s 2nd District have lost a true champion and our heartfelt condolences go out to her loving family.”
Ware was first elected to the Wayne County Commission in 1994 and served as chair of the panel from 2003 through 2008. Most recently, she served as the commission’s vice chair pro tem. She represented District 2, which included much of the East Side of Detroit, downtown and the East Riverfront neighborhoods.
During her 2003-08 tenure as commission chair, she established the commission’s Office of Policy Research and Analysis to provide in-depth review of county contracts and operations. Throughout her tenure on the commission, Ware was an advocate for improved health care for the uninsured and underserved, including improved mental health care, and an advocate for issues affecting senior citizens and young people.
In her district, Ware was involved in such initiatives as the Mittens and Socks Winter Drive for Children and cleanup programs sponsored by the Midtown Alliance. Ware received bachelor’s and master’s degrees from the University of Detroit Mercy and was a certified social worker.
“Jewel Ware’s service to her community and constituents, especially on behalf of her seniors to which she was devoted, were second to none,” said Joe Palamara, Wayne vice chair and member of the MAC Board of Directors. “She was beloved by her friends and colleagues, and all who knew her. She always had a smile and something nice to say. Her caring compassion set her apart from all others. She will be dearly missed.”
MAC, CoPro co-sponsor webinar on workplace safety
Protect your work environment and increase peace of mind for you and your team. Join MAC, CoPro+ and SPACE for a short webinar to help you and your employees “Stay Safe, Stay Working and Move Forward.” The webinar will run from 3:30 p.m. to 5 p.m. Eastern on Thursday, Dec. 17.
CoPro+, MAC’s procurement service for local governments, and SPACE have been awarded a contract that can be accessed by MAC members for the purchase of hand sanitizers, plexiglass dividers and Anew Facility Armor, powered by the BioprotectUS system.
Guest speaker is Dr. Curt White, renowned scientist and inventor. Discover the scientific measures you can take to prevent microbial growth in your workplace.
Treasury webinar details economic prospects for ’21, ‘22
In the latest Treasury webinar in a series co-sponsored by MAC and others, state experts detailed projections for the economy in 2021 and 2022, emphasizing that a rebound in those years should be robust from the effects of the coronavirus pandemic.
Projections are for unemployment in the state to continue falling, reaching under 6 percent by 2022. However, that’s still well above the pre-pandemic jobless rate.
Personal income also is bouncing back strongly but will not reach its pre-pandemic levels within the projection period (2021-22).
To see the presentation and recording of the webinar, click here.
Staff picks
- President-elect Biden, a county government vet, addresses NACo Board of Directors (NACo)
- Musk, Bezos space race gets a boost from anti-poverty tax break (Bloomberg News)
- States can shorten probation and protect public safety (Pew Trusts)
- Did you know some roads aren’t maintained by county road agencies in winter? (County Road Association)
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)
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)
Podcast 83 team to discuss state budget, fall priorities
MAC’s Podcast 83 team will lead a special live edition on Monday, Sept. 21 to field questions from county leaders on the FY21 state budget and all other legislative matters coming to a head in Lansing this fall.
Executive Director Stephan Currie will moderate the discussion that will include Deena Bosworth, governmental affairs director, and Meghann Keit, governmental affairs associate.
Click here to register for the free webinar, which will run from 1 p.m. to 2 p.m.
If the event doesn’t work with your schedule, don’t worry. A video recording will be made available on the Podcast 83 homepage on Sept. 22.
To ensure your question gets the full Podcast 83 treatment, send it in advance to Bosworth at bosworth@micounties.org.
Webinar goes over latest on COVID-19 for locals
The latest webinar in a series co-sponsored by MAC, the Michigan Department of Treasury and others reviewed the latest guidance and tips involving COVID-19 aid for local governments on Sept. 8.
To see a video recording of the session, click here.
Also, on Friday, Treasury reported that the Funding Acceptance Packet for the Coronavirus Relief Local Government Grants (CRLGG) is now available.
For more information on Treasury information on COVID-19, visit their webpage.
Bill would create state Emergency Management Department
A state Department of Emergency Management would be created under a bill filed last week.
House Bill 6148, by Rep. Jack O’Malley (R-Benzie), would remove the emergency management functions from the Michigan State Police Department and relocate it to its own department; require an emergency management plan be submitted to the governor and the Legislature every two years; require each county emergency management coordinator to be certified and report directly to the county board chair; require distribution of federal grants to counties and municipalities; and prohibit an elected official as serving as the emergency management coordinator.
Testimony on the bill is expected next week. MAC has not taken a position on the bill yet.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org
New PPT bills would affect heavy equipment, solar
The House Committee on Tax Policy took testimony this week on House Bills 5778 and 5779, by Rep. Jim Ellison (D-Oakland), that would change the way rented heavy equipment is taxed in Michigan. Currently, heavy equipment is taxed as personal property (PPT) and credited to the taxing jurisdiction where it physically sits on Dec. 31 of each year.
Since this equipment is rented and movable, neither the companies paying the taxes are clear what their obligations will be on a year to year basis nor can the local tax collecting units forecast the revenue in an efficient manner. The bills seek to eliminate PPT on this equipment and instead replace it with a 2 percent tax on the rental of the equipment. This tax would be paid by the customer, collected by the company renting the equipment and submitted quarterly to the Michigan Department of Treasury.
By May 20 of each year, Treasury would be required to send 90 percent of this revenue to the local tax collecting unit where the rental transaction originated, and 10 percent of the revenue to the other counties, cities, villages and townships not receiving a share of the distribution. Within 35 days of receiving the revenue, the tax collecting unit would be required to disburse the revenue to the taxing units (counties, et al) in the same proportion as it distributes property taxes.
In addition to the equipment rental bills, bills affecting the PPT on solar energy facilities have been introduced. Senate Bill 1105, by Sen. Curt VanderWall (R-Mason) and SB 1101, by Sen. Kevin Daley (R-Tuscola), would exempt solar energy facilities and storage systems from the PPT and instead create a PILT (payment in lieu of taxes) system.
Proponents are seeking a standardized, statewide system that will provide predictability in the taxes owed, regardless of the jurisdiction; escape the variability in assessments and millage rates; and provide a flat stream of revenue for those communities that host this equipment. The legislation would create a PILT of $3,500 per megawatt maximum annual payment, as opposed to a tax based on an assessed value and depreciation schedule.
In order to qualify for PILT as opposed to a tax, the owner of the facility would be required to file for and receive an exemption certificate, which would not expire unless they permanently ceased production, received a judicial determination that they failed to make their payments, or upon the jointly agreed upon termination date. MAC is seeking clarification on the equitable amount per megawatt hour, the assumptions that brought them to that amount, the efforts of the Michigan Tax Tribunal to make recommendations on standardizing the assessment of the equipment and the overall financial impact to counties.
MAC has not yet taken a position on any of these bills. The legislation will be discussed at our September Finance and General Government Committee session.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
State launches Futures for Frontliners campaign
County frontline workers put their own health at risk during the worst of the pandemic. That’s why Michigan has created Futures for Frontliners – to offer essential workers like you the opportunity to attend school tuition-free full-time or part-time while you continue to work. MAC is pleased to partner with the state and others on this initiative.
Who’s eligible? All essential workers in Michigan without college degrees or high school diplomas or equivalency who staffed our hospitals, nursing homes, and grocery stores, who cared for our children, provided critical police and fire services, delivered our food, picked up our trash, manufactured PPE, and other key jobs during the April-June period that kept our state running.
The application for seeking a college degree or certificate, attaining your high school diploma or equivalency, and additional program information are available now at Michigan.gov/Frontliners, with enrollment in classes available beginning January 2021.
Please share this information with your county employees.
NACo unveils toolkit for lobbying Congress
To help local leaders advocate for top county priorities between now and the end of the year, NACo has developed an online Advocacy Toolkit, which features in-depth information, talking points, sample advocacy emails, tweets and Facebook posts, federal legislation trackers and exclusive NACo materials to help tell the county story.
As members of Congress are in their home districts, this toolkit provides resources to communicate with them, demonstrate the impact of county programs and advocate for federal policies that support local priorities.
Water School webinars aimed at local officials
MSU Extension is offering a free online Michigan Water School webinar series for elected and appointed officials and staff. Elected and appointed officials often need to make important decisions regarding the future of shared water resources. The new online version of the Michigan Water School program from Michigan Sea Grant and Michigan State University Extension provides decision-makers with critical, relevant information needed to understand Michigan’s water resources in order to support sound water management decisions.
This year, Michigan Water School: Essential Resources for Local Officials will be offered for free in a series of Zoom webinars from 3 p.m. to 5 p.m. on four Thursday afternoons (Oct. 8 and 22, Nov. 5 and 19). The program will include sessions on water quantity; water quality; water finance and planning; and water policy issues. Topics to be covered include:
- The Blue Economy
- Fiscal benefits of water management
- Incorporating water into local planning and placemaking
- Resources to help address water problems
- Water policy at the federal, tribal, state, and local levels
Water School speakers will include educators and faculty from MSU and MSU Extension as well as other experts providing local perspectives.
Register to attend the free, policy-neutral, fact-based program at events.anr.msu.edu/WaterSchoolWebinarSeries2020. Not sure if you will be able to attend the live sessions? Each webinar will be recorded and all registrants will receive links to the recordings so you can watch them at a more convenient time, along with additional resources.
For more information, contact Michigan Sea Grant Extension Educator Mary Bohling at bohlingm@msu.edu. Follow on Twitter with #MIWaterSchool.
Staff picks
- More than one-third of prime-age Americans have never married (Institute for Family Studies)
- Michigan registered voters by county (Secretary of State’s Office)
- Michigan announces statewide EMS Naxolone leave behind program (ems1.com)
- Growing shift to telehealth raises questions about access in rural communities (Mibiz.com)
