Legislative Update 11-15-24

Written by Derek Melot on November 15, 2024. Posted in Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

Intro webinar launches 2024 New Commissioner School

MAC Executive Director Stephan Currie welcomed nearly 100 newly elected and re-elected commissioners from both peninsulas on Thursday to the introductory webinar of the 2024 New Commissioner School, which MAC co-hosts with MSU Extension.

“We are the voice of counties in Lansing and beyond,” Currie noted in his remarks to attendees, emphasizing the resources MAC offers to members from advocacy to continuing education.

This training program, now in its sixth decade, blends on-demand digital learning pods with in-person sessions at convenient locations around the state.

Registration continues for the in-person sites in early December:

Dec. 2 – Bavarian Inn and Conference Center, One Covered Bridge Lane, Frankenmuth (registration closes Nov. 25)
Dec. 3 – BayPointe Inn, 11456 Marsh Rd., Shelbyville (registration closes Nov. 25)
Dec. 9 – Kirtland College, 4800 W. 4 Mile Rd., Grayling (registration closes Dec. 3)
Dec. 10 – Bay College Escanaba, 2001 N. Lincoln Rd., Escanaba (registration closes Dec. 3)

Participation in NCS also jumpstarts your credit totals in MAC’s County Commissioner Academy, our continuing education program. Those who complete NCS will earn a full 5 credit hours to CCA.

For more information on MAC’s educational programs, contact Communications Director Derek Melot at melot@micounties.org.

Septic code push resumes at Capitol

Stakeholders continue to vilify point-of-sale programs for the evaluation of septic tanks as new drafts of bills are circulated. The 10^th iteration of the statewide septic code legislation can be found in the S-1 of Senate Bill 299; although significantly different from what was first introduced, it still contains the provision that all point-of-sale ordinances must be repealed.

The Legislature and environmental community are eager to adopt a statewide septic code before the end of the year because Michigan is the only state without one and nearly all of Michigan waterways have tested positive for trace amounts of human fecal contamination. MAC is supportive of some elements of the legislation, including the implementation of best practices for the septic tank industry and any efforts by the state to create a database of tanks.

In conversations between stakeholders, two schools of thought have emerged on addressing septic systems in Michigan:

evaluations upon point-of-sale
periodic evaluations

MAC has been consistent about our support for the point-of-sale option. For many years, our policy platforms have included language supporting a county’s right to adopt a point-of-sale ordinance. Counties with these programs have exceptionally low failure rates as they’ve been able to capture more and more systems in need of repair over time.

The Michigan Realtors Association has led the charge in opposing a point-of-sale program approach and prefers that evaluations of all septic systems in the state occur on a periodic basis. This would put the bulk of the responsibility of monitoring and enforcement on local health departments.

The opposition to the point-of-sale approach stems from the fear that real estate transactions will be delayed or fall through should there be a problem. Proponents of this approach believe that when homes are sold, the buyer should have assurance that the system is functional and safe. Additionally, point-of-sale is an ideal time financially to address these issues while large sums of money are being exchanged.

MAC is pleased to see the new bills allow the sunset for point-of-sale ordinances to go out 10 years (from the previous 1), and the time between evaluations has gone up to 10 years (from the previous 5). Newer drafts also include provisions for a longer phase-in period for the program.

Still, this legislation is not ready. Any statewide septic code will mean major changes for homeowners, local governments, health departments and the state. Financial assurances for local governments to comply have not been secured, nor has the grant program for low-income households to fund any necessary repairs or replacements. MAC does not believe this legislation should be rushed through this year because it strips counties of the ability to regulate through point-of-sale ordinances and it places a financial burden on health departments and homeowners without a proper funding source.

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

County-opposed staffing bill avoids House vote

A bill to require minimum staffing levels as a mandatory subject of collective bargaining between a public employer and the representative of its employees was successfully removed from the House floor agenda this week due to MAC’s efforts.

House Bill 4688, by Rep. Jim Haadsma (D-Calhoun), would amend the Public Employment Relations Act (PERA) and specifies that “other terms and conditions of employment” would include minimum staffing levels within the bargaining unit and consider minimum staffing levels a condition of employment with respect to a bargaining representative’s collective bargaining responsibilities. The version voted onto the House floor included an amendment that would limit its application to only Public Act 312 employees, which was recently expanded to include corrections officers.

Making minimum staffing levels a mandatory topic of collective bargaining could increase staffing costs to counties. In addition to the potential for increased costs, many counties are facing staffing shortages. Implementing minimum staffing requirements when local governments are struggling to maintain fully staffed facilities will add to the difficulties counties already face when recruiting and retaining employees.

MAC opposes this legislation alongside the Michigan Municipal League and Michigan Townships Association. A letter of opposition was shared with all House members this week.

MAC strongly encourages members to contact their legislators and inform them of the detrimental effects of this bill.

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

Senate committee approves wrongful conviction legislation

Michigan’s Wrongful Imprisonment Compensation Act (WICA) offers a wrongfully incarcerated person $50,000 for each year they were in prison. Upon dismissal of charges, or a retrial finding the individual not guilty, the wrongfully incarcerated person can file a WICA claim.

Senate Bill 997, by Sen. Stephanie Chang (D-Wayne), requires a prosecutor to respond within 60 days to participate in a suit regarding a WICA claim. While MAC supports the goal of ensuring wrongfully incarcerated individuals are made whole by the government, requiring already severely understaffed prosecutor’s offices to respond to claims within 60 days exacerbates overwhelming workloads. SB 997 would also increase court costs, and as the largest funding source for trial courts, counties cannot be subject to increased costs. MAC is working to require state funding to alleviate this financial burden.

Senate Bill 1014, by Sen. Jeff Irwin (D-Washtenaw), requires the storage of DNA evidence for the duration of an individual’s sentence, so that it can be retrieved in the event of a WICA claim or overturn of conviction. While such DNA is crucial in substantiating a wrongfully incarcerated person’s innocence, requiring local courts to store and retain the DNA for decades poses increased storage and labor costs.

MAC is working with bill sponsors to alleviate the unfunded mandates posed by SBs 997 and 1014. The bills await a vote on the Senate floor.

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

House committee approves state participation in federal emergency transport reimbursement program

A bill to require Michigan to participate in a federal medical transport program advanced to the House floor this week.

House Bill 5695, by Rep. Mike McFall (D-Oakland), requires the Michigan Department of Health and Human Services (MDHHS) to participate in the federal GEMT reimbursement program. MAC supports HB 5695.

The U.S. Centers for Medicare and Medicaid Services (CMS) oversees the Ground Emergency Medical Transportation (GEMT) program. GEMT provides funding and support to eligible health care providers through state agencies, aiming to ensure that individuals without reliable transportation can access emergency medical care. This program improves access to emergency services for Medicaid beneficiaries, bridging the gap between patients and health care facilities and facilitating timely care during emergencies.

While Michigan doesn’t currently participate in the program, our state has the eighth-highest number of Medicaid enrollees in the nation. Local emergency services and ambulance providers are not fully reimbursed by Medicaid to cover the costs of medical transportation for this significant segment of our communities. The GEMT initiative in Michigan seeks to address health disparities, promote health equity, and reimburse local agencies and emergency services providers for serving vulnerable populations.

A $500,000 appropriation was secured in the FY25 state budget to assist MDHHS in starting up GEMT in Michigan.

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

State guidance on Materials Management Planning remains murky

The Department of Environment, Great Lakes and Energy (EGLE) has provided additional direction for counties moving forward in the Materials Management Planning process. Last week, MAC delivered an update on the status of the planning process and addressed concerns voiced by counties. MAC has since met with EGLE and other stakeholders to discuss these matters further.

EGLE indicated they have no intention of providing additional guidance on Work Programs and that following the language in subsection R 299.4704-4705 of the rules for Part 115 (see page 108) is the best way for a county to craft a Work Program. The idea is that the programs be higher level and less prescriptive. Some counties have already submitted Work Programs, so MAC asked EGLE to take one they find sufficient, strip it down and offer it as a template. The department has not agreed to do so.

For counties struggling to meet deadlines, EGLE again assured MAC that extensions will be granted. MAC was advised that any county seeking an extension should just contact the Materials Management Planning team at EGLE-MMP@Michigan.gov.

Lastly, the funding element remains uncertain. EGLE said securing the money for the grant is their top priority for the short term. As you know, counties are eligible for grant dollars once their Work Programs have been approved; however, the fund is currently empty.

MAC has requested an additional meeting with a smaller group of stakeholders to focus solely on planning and helping communities meet their needs as soon as possible. We will keep readers informed of any updates as they become available.

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

Podcast 83 reviews new House leadership in Lansing for 2025

Who will lead the Michigan House of Representatives was the focus of the newest episode of Podcast 83 this week.

With Republicans taking control with an apparent 58-52 majority in the House in 2025, Rep. Matt Hall (R-Kalamazoo) was chosen as the new speaker by the GOP Caucus last week. On the Democratic side, current Speaker Joe Tate (D-Wayne) is stepping out of leadership and Rep. Ranjeev Puri (D-Wayne) will be minority leader in 2025, MAC’s Deena Bosworth explained to Podcast 83 host Stephan Currie.

“What this means is the Republicans in the House and the Democrats in the Senate (which will start 2025 with a 19-18 edge in the 38-member chamber) are going to have to agree on some things if they plan on getting anything done,” Bosworth said.

Selection of new committee chairs in the House will occur in coming weeks, Bosworth added, likely finalizing in early January.

For the rest of the 2024 calendar, Madeline Fata said, “We were thinking nine or 12 (legislative) days. But the Senate has already knocked that down to eight or 11 days for themselves.”

Bosworth, however, said a “robust” lame-duck session is still in the offing, based on the number of major bills still in play and Gov. Gretchen Whitmer’s ongoing pursuit of major economic development policy changes.

To conclude the episode, Currie reported that Michigan will have at least 135 new county commissioners in 2025, a turnover rate consistent with the historical pattern.

Those newbies, plus their colleagues, Currie noted, are urged to participate in MAC’s New Commissioner School, co-hosted with MSU Extension. County leaders should register soon by using this link.

To view the full episode, recorded on Nov. 12, click here.

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

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