Legislative Update 6-26-20

Written by Derek Melot on June 26, 2020. Posted in Events, Legislative, MAC news, Marketing, NACo

Expungement bill moves out of Senate committee

A House bill that that would automatically set aside certain felony and misdemeanor convictions moved out of the Senate Judiciary Committee this week. The committee, however, did add language to create a specified fund to cover, upon appropriations, costs for implementation, systems upgrades and staffing needs. MAC has requested clarification language to be included to ensure that any cost at the local level are also eligible under the fund.

Still, MAC testified against House Bill 4980, by Rep. Eric Leutheiser (R-Branch), as a large concern outlined in written comments provided on June 11 has not yet be resolved: The legislation requires the Michigan State Police (MSP) database to set aside eligible convictions. However, there is no notification requirement on MSP to send that information to the local clerk and courts. Therefore, MAC is concerned some records may be public at the local level, while MSP has sealed the records. This inconsistency is contrary to the goal of the legislation and causes liability concerns for counties.

Also in committee, Sen. Tom Barrett (R-Eaton) offered language that allows a court to reinstate a conviction that was set aside, if a court has determined the individual has not made a good-faith effort to pay restitution.

The bill waits action on the Senate floor. The Senate has adjourned until late July.

For more information on this issue, contact Meghann Keit at Keit@micounties.org.

Senate approves summer property tax deferment bills

Individuals and businesses are one step closer to delaying their summer 2020 property tax payments to March 1, 2021, without penalty after a two-bill package gained Senate approval this week.

House Bills 5761 and 5810, by Rep. James Lower (R-Ionia), state that entities wishing to delay payments must submit an affidavit to their local tax collecting unit attesting to financial hardship due to the COVID-19 pandemic by Aug. 28, 2020, to qualify. Once a local unit has collected the affidavits, it would submit those to the county for tallying and submission to the Michigan Department of Treasury. Then, it would be incumbent upon the state to borrow enough money to make up for those unpaid taxes for all the taxing units, so locals do not run in to significant cash flow issues during the deferment period.

MAC supported the concept of the legislation. The bills now move to the governor for her signature.

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

Elections panel takes testimony on absentee ballots

The clerk/register of deeds for Kent County told the Senate Elections Committee this week that she thinks the mailing of absentee voter applications to all voters is illegal and places additional burdens on county and local clerks.

Kent’s Lisa Lyons made the comments during a hearing by the committee on recent policy changes and actions of Secretary of State Jocelyn Benson.

Under Proposal 3 of 2018, Lyons said every voter has a right to cast an absentee ballot. However, sahe said no elected official can send a ballot unless the voter has required it verbally or in writing per case law.

Additionally, the committee approved Senate Bills 977-78, by Sen. Kevin Daley (R-Lapeer), which would: make it a misdemeanor to knowingly making a false statement on an absent voter ballot application; make it a felony for knowingly submitting an absent voter ballot application containing or using another person’s name and personal identification information; and would make it a felony for knowingly submitting an application with the intent to obtain multiple ballots for a person. The Michigan Association of County Clerks supports the bills.

Full video of the committee hearing can be found here.

For more information on this issue, contact Meghann Keit at Keit@micounties.org.

Law enforcement grant applications due on Aug. 14

County law enforcement and courts that were previously ineligible for direct Coronavirus Emergency Supplemental Fund (CESF) grants can now apply for such funds until Aug. 14 at noon.

The Michigan State Police advises that the grant performance period spans from March 1, 2020, through Sept. 30, 2021, and all work must directly relate to the prevention of, preparation for or response to the COVID-19 pandemic.

County Sheriff, Jail and County Prosecutor Allocations can be found here.

County Allocations for Circuit/District/Probate courts can be found here.

Applications are due on Aug. 14. Forms and Instructions can be found here.