Election means divided government in Lansing in 2025

The Michigan House of Representatives has experienced a power shift following this week’s election, with Republicans winning enough seats to take control in the upcoming legislative session. Moving from a narrow Democratic majority of 56-54 to a Republican majority of 58-52.

The shift in control brings changes to the leadership structure in the House. Matt Hall (R-Kalamazoo), the current minority leader, will assume the role of speaker of the House, while Rep. Brian Posthumus (R-Kent) will serve as floor leader. On the Democratic side, outgoing House Speaker Joe Tate has opted not to pursue the minority leadership position; instead, Rep. Ranjeev Puri (D-Wayne) has been elected to lead the Democratic caucus, with Rep. John Fitzgerald (D-Kent) as minority floor leader.

As the current Democratic-led government maintains control of both legislative chambers and the governor’s office for the remainder of the year, the stage is set for a robust lame-duck session. With a Republican-controlled House on the horizon, Democrats are expected to prioritize action on such issues as labor laws and environmental policy that may face greater challenges under the new Republican leadership in 2025.

On the Senate side in Lansing, the election of state Sen. Kristen McDonald-Rivet (D-Bay) to a congressional seat will create a vacancy and narrow the Democratic majority to one (19-18) until a special election can be held to fill her Senate seat. This could potentially complicate efforts to pass certain legislative goals that rely on complete party alignment.

This transition promises a dynamic new legislative term as Michigan’s leaders prepare to navigate the challenges of divided government.

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

 

MAC review finds 22 percent turnover in commissioner ranks

There will be at least 135 new faces on county boards of commissioners in Michigan, thanks to the decisions of voters in the Nov. 5 election.

A MAC review of unofficial results from the General Election shows 460 Republicans, 143 Democrats and 12 individuals without partisan affiliation were elected or re-elected. Four seats remain to be filled – one each in Alpena, Iron, Luce and Oscoda.

“The turnover rate of about 22 percent is consistent with prior election cycles,” said MAC Executive Director Stephan Currie. “We are excited to begin work with our new members, and we hope to see them at our upcoming New Commissioner School sessions.” (See item below about registration.)

The commissioners entering their new term for 2025 will be the first in Michigan to serve four years, a result of MAC’s successful campaign in 2021 to extend terms from the two-year limitation that had been in place since 1968.

 

Counties score well with voters on millage requests

Voters across Michigan approved nearly 90 percent of the county millage requests placed before them on the Nov. 5 ballot.

Forty-one of the 46 requests were favored to either renew or expand efforts in areas ranging from public safety and senior services to constructing a new community pool in Bay County.

Click here to see county-by-county results.

“The Nov. 5 election continues a pattern evident since the end of the Great Recession a decade ago in which counties all over the state have sought voter approval to maintain and improve the quality-of-life services counties provide, and the voters have approved,” said Eric Lupher, president of the Citizens Research Council of Michigan. “More than 90 percent of counties will be levying higher property tax rates in 2025 than they were in 2010,” he added. (See more of CRC’s analysis of this trend on page 14 of the February 2022 edition of Michigan Counties magazine.)

MAC appreciates the assistance of the Gongwer News Service in compiling this data.

 

MAC working with state to address materials management issues

In recent weeks, MAC has received member concerns about the Materials Management Planning process. At the same time, the Department of Environment, Great Lakes and Energy (EGLE) has set up meetings with stakeholders to discuss potential cleanup language for the statute.

It seems that both the department and participating counties have simultaneously encountered bumps in the road during these initial steps in the process. MAC has had many discussions behind the scenes with both EGLE and other stakeholders, so we felt it was necessary to share some updates.

The deadline to file a Notice of Intent with EGLE was July 6, 2024. Counties then have 180 days, or until Jan. 2, 2025, to do all of the following:

  • Appoint a Designated Planning Agency (DPA)
  • Appoint a Materials Management Planning Committee (MMPC)
  • DPA drafts a Work Program
  • MMPC approves Work Program
  • Work Program is submitted to EGLE
  • EGLE approves the Work Program

A county is eligible for grant funding once all of the above tasks have been completed. However, EGLE has yet to share with counties the guidelines for creating a Work Program. MAC has been told extensions may be granted, but that is not explicitly written in the law.

Additionally, MAC has been made aware that some counties are struggling to fill the 11 spots required for the MMPC. There is currently no mechanism for reducing the size of an MMPC or formally requesting an extension to fill those seats.

MAC is pursuing solutions to these problems, among other things, both in large workgroup settings and in private conversations with the department. The next stakeholder meeting is Nov. 8.

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

 

Michigan counties join Operation Green Light efforts

Counties across Michigan are showing their support for America’s veterans via Operation Green Light, a campaign by the National Association of Counties. MAC is aware of participation in: Chippewa (photo at left), St. Joseph (center photo), Genesee (photo at right), Oakland, Wexford, Midland, Lenawee and Kent. (Click here for a video on Kent’s activities.)

Operation Green Light shows support for veterans by lighting buildings green from Nov. 4-11, 2024, to let veterans know that they are seen, appreciated and supported.

 

MAC offices to close for Veterans Day

MAC’s Lansing offices will be closed on Monday, Nov. 11 to observe Veterans Day in honor of those who served, including the nearly 500,000 veterans who now call Michigan home.

Veterans Day, formerly known as Armistice Day, was originally set as a U.S. legal holiday to honor the end of World War I, which officially took place on Nov. 11, 1918. In 1938, through an act of Congress, Nov. 11 was made a legal holiday. In 1954, at the urging of the veterans service organizations, the 83rd U.S. Congress amended the Act of 1938 by striking out the word “Armistice” and inserting the word “Veterans.” On June 1, 1954, November 11th became a day to honor American veterans of all wars.

MAC offices will resume normal hours on Tuesday, Nov. 12 at 8 a.m.

 

Podcast 83: Fielding your questions on commissioner pay, chair terms

In a wide-ranging episode recorded the day before the historic 2024 General Election, MAC’s Podcast 83 team addressed questions related to commissioner pay and board elections and reviewed a new MAC advocacy initiative for 2025.

In the wake of MAC’s success in getting four-year commissioner terms adopted for this cycle, MAC has been fielding questions on two themes:

  • What will change about how commissioner pay is set?
  • What will be different about how boards elect chairs and vice chairs?

On pay, Deena Bosworth reported, “We consulted legal counsel and had them do some work on it. And the response was, compensation for county commissioners has to be determined prior to the start of the new term. So now that they have four-year terms, they have to adopt their compensation prior to the end of this year, so prior to Dec. 31 2024, so that they know what their compensation is for this next term.

“They can’t change their compensation or, you know, vote on new compensation in January after they take office, so whoever is on the board now needs to determine what that compensation level is going to be going forward for the next term.”

On chairs and vice chairs, Bosworth explained, “The legislation that was adopted creating four-year terms for county commissioners … was done as a certain section of law. The other (relevant) sections of law have not been amended. So, what that means is, just as your process is now, you have to vote for a chair for a two-year term, unless your board has a resolution where you adopt a chair for a one-year cycle, and then one year cycle for your vice chair. So that, again, has not changed. … So even if you’re there for four years, that chairmanship is still only a two-year term, or one-year depending on your particular board rules.”

In the second half of the episode, Samantha Gibson reviewed MAC’s “CountiesUnited” campaign to launch in 2025 and which was teased at the 2024 Annual Conference in September.

“What we’re looking to provide for you all is not only an opportunity to shape and advance public policy in Lansing that is to the benefit of county government, but also give you some cool personal benefits that you can enjoy,” Gibson said. “You’ll get political updates from MAC’s Governmental Affairs team. … You know, pollsters, political pundits, really cool, interesting stuff that you know, maybe it’s a little inside baseball, but if you’re nerdy and you’re policy wonks like we are, you might get interested in the politics behind all things.

Gibson noted other benefits, keyed to new membership tiers for donating to MAC’s political affairs, will include special merchandise and invites to MAC events for key legislators (the “County Caucus”).

And listen all the way to the end of the episode to get answers on two burning questions:

  1. Who is the longest-serving county commissioner in Michigan?
  2. What color were Steve Currie’s socks on Monday, Nov. 4?

Click here to view the episode, recorded on Nov. 4.

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

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

 

Registration is open for 2025 NACo Legislative Conference in D.C.

The NACo Legislative Conference brings together nearly 2,000 elected and appointed county officials to focus on federal policy issues that impact counties and our residents.

Attendees have the opportunity to engage in second-to-none policy sessions, interact with officials of the new Administration and meet with members of Congress. This is a one-of-a-kind advocacy opportunity to strengthen our intergovernmental partnerships for years to come.

Access our registration portal here to register for the conference, which runs March 1-4, 2025.

For questions or assistance with registration contact us via email or phone at 202-942-4292 or nacomeetings@naco.org and indicate “Leg Conference 2025” in the subject line.

Until Jan. 10, 2025, registration is as low as $530.

Hotels for the event are:

Washington Hilton
1919 Connecticut Ave. NW, Washington, DC 20009  
Room Rate: $275 single/double occupancy
The Churchill
1914 Connecticut Ave. NW, Washington, DC 20009 
Room Rate: $270 single/double occupancy

 

NACo releases opioid settlement ‘quick guide’ on monitoring spending

The National Association of Counties, in partnership with Johns Hopkins Bloomberg School of Public Health, released The Principles Quick Guide to Monitoring Opioid Settlement Spending. This quick guide is one of many released to assist local governments in implementing The Principle for Use of Funds From the Opioid Litigation, national guidance around the use of funds.

The guide points to how counties can maximize the impact of opioid settlement funds through a structured five-step process. First, they should establish a strategic plan based on recent needs assessments, outlining specific objectives that ensure new resources enhance existing efforts. Next, counties should match priorities with funding opportunities, aligning available sources with key interventions and care components in various settings, such as schools, jails and hospitals.

Once priorities are set, it is essential to select activities to fund, focusing on evidence-based and promising practices. The fourth step is to monitor the success of funded activities by establishing clear indicators and communicating data requirements to partners for accountability. Finally, counties should regularly evaluate community needs and program outputs, allowing for adjustments to strategies and budgets as necessary.

The guidance document also outlines how to use Opioid Settlement Principles Resource and Indicators (OSPRI) tool to determine the best indicators for the programs or activities counties choose to fund.

For more information or for assistance utilizing The Principles for Use of Funds From the Opioid Litigation in your county, contact Amy Dolinky at dolinky@micounties.org.

 

Court reporter fee increase legislation gets hearing in Senate

A bill to increase court reporter and recorder fees received a hearing this week in the Senate Civil Rights, Judiciary and Public Safety Committee.

Amendments made to House Bill 5046 in 2023 to address concerns about “double dipping” with county-employed court reporters or recorders producing transcripts have shifted MAC from opposition to support of the legislation.

Sponsored by Rep. Nate Shannon (D-Macomb), the bill would increase the amount a court reporter or recorder would receive from $1.75 to $3.75 per page on an original transcript, and 90 cents per page for each copy.

The amendments include updates to what the county and court reporters or recorders shall provide in the capture and production of transcripts, and the prioritization of court-funded transcripts and transcripts produced on county time.

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

 

ICYMI: Pundits discuss prospects for Michigan House elections

In a recent Podcast 83 episode, Adrian Hemond of Grassroots Midwest and John Selleck of Harbor Strategic handicap what appears to be a historically close 2024 General Election in Michigan. Hemond and Selleck focused on some key state House races, the open U.S. Senate seat and a few U.S. House races, delving in to what potential outcomes could mean for Michigan.

Hemond gave an overview of what he believes are the five most crucial state House races in November, commenting, “From my perspective, both sides have got plenty of seats that are in play this time.”

With a two-seat Democratic House Majority, Selleck added, “It’s an uphill battle for Democrats, and frankly the place we could end up that we have now started talking about is 55-55 (in the Michigan House).”

Click here to view the episode, recorded on Oct. 21.

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

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

 

Treasury seeks feedback on accounting, auditing documents

The Michigan Department of Treasury guides local governments on accounting and auditing through Numbered Letters and Michigan Committee on Governmental Accounting and Auditing (MCGAA) Statements. To keep this information relevant, we are updating and removing documents from 1993 to the present, aiming to refresh 20% of these publications annually. This process will include formatting updates and verifying all web links, with some documents potentially needing significant revisions or removal. The Local Audit and Finance Division is currently inviting public comments on selected Numbered Letters, which can now be submitted in writing until Dec. 2, 2024.

You can find the selected Numbered Letters Exposure Drafts for Public Comment below:

Comments may be submitted by email to LAFD_Audits@michigan.gov with the subject line entitled, “Numbered Letters Exposure Draft.”

Alternatively, responses may also be submitted via U.S Postal Service to:

Michigan Department of Treasury
Local Audit and Finance Division
PO Box 30728
Lansing, MI 48909-8228

Deadline for written comments: Dec. 2, 2024

For questions, call Treasury at 517-335-7469.

 

State’s final rules on energy siting raise host of questions

The Michigan Public Service Commission’s (MPSC) final rules for implementing the new law on renewable energy siting generally favor solar and wind developers over local governments and are particularly unsympathetic toward counties. MAC recently reported on the release of the formal application instructions and procedures following a lengthy stakeholder engagement process and multiple rounds of public comment. The final product is substantially different from both the law and initial MPSC recommendations.  

Defining ‘Affected Local Unit’

Public Act 233 defines an “affected local unit (ALU)” as “a unit of local government in which all or part of a proposed energy facility will be located.” Meaning, if a facility lies in a township, then a county is also an affected local unit. The law goes on to say that if a project is sited by the MPSC a developer “shall enter into a host community agreement with each affected local unit.” Additionally, a developer “shall make a one-time grant to each affected local unit for an amount determined by the commission but not more than $75,000 per affected local unit and not more than $150,000 in total,” to be deposited into an intervenor compensation fund.

The MPSC rules, however, define an ALU as “limited to include only those local units of government that exercise zoning jurisdiction.” This means that if a county is not responsible for zoning, they are ineligible for the $2,000 per megawatt community host agreement dollars and intervenor funds. In April, MAC submitted public comment to the MPSC arguing that all counties “will be impacted by the presence of a renewable energy facility: county resources will be utilized, infrastructure will be altered, acres will be occupied, constituents will voice their concerns, master plans will be re-examined, etc. It is critical that all levels of government are recognized when administering PA 233.” Ultimately, the MPSC prioritized the wants of developers in this section.

Compatible Renewable Energy Ordinance (CREO)

In the rules, the MPSC establishes that it will not resolve disputes over what is and what is not a CREO. If an ALU claims to have a CREO but includes any provisions not explicitly outlined in section 226(8) of the PA 233, a developer can file a complaint with an “administrative law judge pursuant to the Commission’s rules of practice and procedure.” The ALU will then be ineligible for the community host agreement dollars and intervenor funds, in addition to losing CREO status. The rules make no mention of a path toward regaining CREO status, which was previously included in staff recommendations.

Should an ALU adopt a “workable ordinance” rather than a CREO, and a developer decides they would prefer to go through the MPSC process, the ALU is then still eligible for community host agreement dollars and intervenor funds.

What’s next?

The vast discrepancies between the rules and statute will undoubtedly result in litigation. The new law takes effect on Nov. 29 and MAC anticipates several lawsuits, both before and after that date. In fact, Foster Swift and Cato Township have already initiated a class action lawsuit against the MPSC. If a municipality is interested in joining the suit, Foster Swift has encouraged them to contact their office prior to Nov. 8.

MAC will continue to provide updates as they become available.

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

 

Podcast 83: Contest for Michigan House is tight, pundits say

With the General Election rapidly approaching, Podcast 83 invited Adrian Hemond of Grassroots Midwest and John Selleck of Harbor Strategic to provide insight into the contests. Hemond and Selleck focused on some key state House races, the open U.S. Senate seat and a few U.S. House races, delving in to what potential outcomes could mean for Michigan.

Hemond gave an overview of what he believes are the five most crucial Michigan House races in November, commenting, “From my perspective, both sides have plenty of seats that are in play this time.”

With the two-seat Democratic majority in the House, Selleck noted, “It’s an uphill battle for Democrats, and frankly the place we could end up that we have now started talking about is 55-55 (in the Michigan House).”

To view the full episode, recorded on Oct. 21, click here.

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

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

 

Flooding in Midland County in 2020.

FEMA seeks proposals to reduce threats of natural hazards

The Federal Emergency Management Agency (FEMA) is seeking project proposals for eligible hazard mitigation activities. Building Resilient Infrastructure in Communities (BRIC) and Flood Mitigation Assistance (FMA) are FEMA grant programs that provide funding for projects that aim to “reduce or eliminate future property damages and loss of life from natural hazards, such as flood, tornadoes, and storms.”

Local governments must provide a Notice of Intent (NOI) to the Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD) before Nov.24, 2024. The MSP/EMHSD will then review the NOIs and invite potential sub-applicants to formally apply for grant funding through FEMA.

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

 

Treasury seeks feedback on pension grant reporting

The Michigan Department of Treasury is assisting the Municipal Stability Board (the Board) to solicit feedback on the proposed Corrective Action Plan Monitoring Form for Protecting MI Pension Grant recipients.

Per Public Act 166 of 2022, Section 979a, local governments receiving grants must be monitored by the Board for five years.

At the Sept. 18, 2024, meeting, the Board approved the draft monitoring form for public comment. This form, which outlines oversight for pension fund management, can be viewed with other Board documents at https://www.michigan.gov/MSB.

The Draft Form may be reviewed here:

Protecting MI Pension Grant Corrective Action Plan Monitoring: Application for Certification of Compliance

Any individual or organization that would like to submit comments should provide those comments in writing by Nov. 1, 2024.

Comments may be submitted by email to: LocalRetirementReporting@michigan.gov with the subject line titled, “Pension Grant Corrective Action Plan Monitoring Form Public Comment: 2024.”

 

Podcast 83: Statewide Septic Code Legislation

With legislative activity in Lansing still on a slow simmer, Health Officer with the Health Department of Northwest Michigan, Dan Thorell, talked with host Deena Bosworth and MAC’s Madeline Fata on the proposed statewide septic code legislation. In this new episode, Dan gives background on the legislation and discusses what House Bills 4479 and 4480, as well as Senate Bills 299 and 300, could mean for Michigan residents if passed during lame duck.

This legislation was introduced in the spring of 2023 and workgroups began in the fall of 2023, with many groups having concerns on the legislation. “The biggest issue we were confronting was really the evaluation component of inspecting existing systems, after they have already been installed, after they have been used for some time”, Dan said. “We’re using the number 1.4 million, and that number has been used for 15 years, but we have obviously installed more septic systems in that time.”

Dan provides some more background information on the evaluation component, as well as, some other concerns that were brought up in during workgroups and talks about the changes that have been made in the legislation to alleviate those concerns.

UM institute releases ordinance template for renewable energy siting

A template ordinance for renewable energy facilities has been released by the University of Michigan. The Graham Sustainability Institute team, led by Dr. Sarah Mills, has created a sample Compatible Renewable Energy Ordinance (CREO) as well as guidance on “Workable” Renewable Energy Ordinances.

Mills has presented information on this topic in recent months via the MAC Legislative Conference, Podcast 83 and the June edition of Michigan Counties.

As many of you know, the new law for siting large-scale wind and solar projects takes effect in November. Each local unit of government with zoning authority must choose one of three paths forward:

  1. No ordinance: Do not adopt an ordinance and allow the Michigan Public Service Commission (MPSC) to site for all large-scale renewable energy projects.
  2. CREO: Adopt an ordinance that matches the standards outlined in the law exactly.
  3. Workable ordinance: Adopt an ordinance that deviates from state standards but is reasonable enough that a developer would want to work directly with the local unit of government rather than going through the MPSC.

MAC recommends that each local unit of government consults with legal counsel before determining its path; what is right for one community may not be so for another. Thankfully, U of M has provided resources on each option.

The MPSC has yet to share its final rules on implementing the new law so these documents may evolve with time but considering the approaching effective date, reviewing these materials now can help guide the planning process moving forward.

For questions on MAC’s advocacy on this issue, contact Madeline Fata at fata@micounties.org.

Staff picks

MPSC releases final application instructions for large-scale renewable energy facilities

The Michigan Public Service Commission (MPSC) released its formal application instructions and procedures for the siting for large-scale renewable energy facilities this week. The following excerpt from the news release summarizes the final order:

“PA 233 takes effect Nov. 29, 2024. In today’s order, the Commission clarified that under the new law, the siting process must originate at the local level in most instances. The Commission can only consider applications in instances in which the relevant unit(s) of government have denied an application, failed to either approve or deny an application within 120 days or added additional provisions more restrictive than those contained in state law while an application is pending. The only exceptions to a project starting at the local level are where a local government has in place a moratorium on project development or where the local government requests that the developer use the statewide application process at the Commission instead of the local siting process. Finally, the Commission acknowledged that the local siting process remains available to project developers while noting that it was providing no guidance on siting processes that fall outside the Commission’s jurisdiction.”

The MAC team is conducting a thorough review of the “Application Filing Instructions and Procedures” document shared by the MPSC on Thursday. Stay tuned for a more detailed analysis and information regarding the implications of the final order.

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

Bill to bring Michigan race and ethnicity forms in line with feds raises concerns from counties

A bill to align Michigan’s gathering of race and ethnicity data with federal statute, intended to ensure federal funding is allocated equitably, poses unfunded mandates and liabilities to counties.

Senate Bill 958, sponsored by Sen. Darrin Camilleri (D-Wayne), would require all public bodies to update current forms within three years of enactment to reflect federal standards for collecting race and ethnicity data, and develop an action plan demonstrating the “process of complying with the legislation” and any potential risks associated with collecting race and ethnicity data within 18 months of enactment.

Counties can continue to use current forms for three years, then must transition to the updated forms under SB 958. Changing any and all forms that collect race or ethnicity data requires software and IT updates at the county level, and without proper funding, poses an unfunded mandate. The action plan outlined in SB 958 opens counties up to potential liabilities if the “potential risks” identified by a county are deemed inaccurate or insufficient. A county must also post their action plan onto their website within 18 months of the bill’s enactment. Ultimately, legislation geared toward the federal government is not suitable statute for local units of government.

MAC understands and supports the goal of the legislation to ensure adequate and equitable funding to communities throughout Michigan. Currently, MAC has no position on the legislation but has raised the aforementioned concerns to the legislature.

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

Legislation seeks to increase penalties to individuals who defraud Michigan homeowners

Individuals who defraud Michigan homeowners could see increased penalties under a new proposal that advanced through a senate committee on Tuesday. House Bill 5598 and House Bill 5599, by Rep. Tullio Liberati (D-Wayne), would make it a felony to submit forged documents to registers of deeds in an effort to defraud the owner of real estate. Additionally, the bills would enable a register of deeds to submit evidence they believe to be fraudulent to the county prosecutor.

Wayne County Register of Deeds, Bernard Youngblood, testified in the Senate Committee on Local Government claiming his office has seen more than 13,000 inquiries of fraud in under 20 years. Youngblood explained that individuals will forge signatures on documents and file them with the Register of Deeds Office, effectively taking ownership of a property. The bills aim to disincentive this type of theft.

MAC is supportive of this legislation. The bills previously passed the House with overwhelming support. They were given unanimous support by members of the Senate Local Government Committee and have been referred to the Senate floor for consideration.

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

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