The Michigan Association of Counties (MAC)

Board seats up for election at 2023 annual conference

MAC news, Blog

At the 2023 Michigan Counties Annual Conference (Oct. 1-3 in Kalamazoo County), MAC members will vote on four seats on the MAC Board of Directors. Commissioners wishing to serve on the Board, whether incumbents or new candidates, have until Sept. 1 to file official notice of their intent to run.  (The application form is found by clicking here.)

The MAC Board of Directors is the key body in guiding the legislative and organizational strategies of MAC. Board terms are three years in length and individuals may serve up to three terms.

2023 Board seats

  • At-large Seat A – Board President Stan Ponstein of Kent County is the incumbent
  • CORRECTION: Region 1 Seat B – Joe Bonovetz of Gogebic County is the incumbent
  • Region 2 Seat B – Director Richard Schmidt of Manistee County is the incumbent
  • Region 3 Seat B – Board First Vice President Jim Storey of Allegan County is the incumbent

The regional caucuses for these elections will be held Oct. 2 at 3:15 p.m. during the 2023 Annual Conference at the Radisson Hotel in downtown Kalamazoo. To identify your region, consult the map at right or click here.

Seats representing regions are filled by the particular regional caucus, with each county in the region casting a single ballot. At-large seats are filled by the candidate that wins a majority of the six regional caucuses, with commissioners casting individual votes.

Any member wishing to run in the election must download the application form and return it by Sept. 1, 2023, at 5 p.m. to be eligible. Candidates are also encouraged to submit a statement of up to 400 words on why members should support them. These statements will be posted to the MAC website in early September.

If you have any questions about Board duties, please contact Executive Director Stephan W. Currie at 517-372-5374.

Legislative Update 7-21-23

Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

County leaders asked to contact Congress on Medicaid jail issue

Earlier this year, bipartisan bills were introduced in both the U.S. House and Senate to address the Medicaid Inmate Exclusion Policy (MEIP). The Due Process Continuity of Care Act and the Reentry Act were introduced in March, which would amend the Medicaid Inmate Exclusion Policy.

Congress is currently negotiating the reauthorization of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act of 2018 (P.L. 115-271), which expires on Sept. 30, 2023. 

The Medicaid Inmate Exclusion Policy is a federal statute that terminates access to federal health benefits at the time of arrest. These bills would allow continuity of care via access to critical health services for incarcerated individuals. The Due Process Continuity of Care Act would “allow pretrial detainees to receive Medicaid benefits at the option of the state and provide $50 million in planning grant dollars to states and localities for implementing the MIEP repeal, improving the quality of care provided in jails and enhancing the number of available providers to treat this population.” The Reentry Act would “allow Medicaid payment for medical services furnished to an eligible incarcerated individual during the 30-day period preceding the individual’s release.” MAC, along with other stakeholders, has requested the Michigan Department of Health and Human Services apply for a Section 1115 waiver  relating to the MIEP, allowing for Medicaid eligibility for incarcerated individuals prior to release.

MAC supports these bills and access to better care for incarcerated individuals in county jails. Should these bills pass, counties will have a streamlined process to provide effective behavioral health care and services for transitions to community care, and recidivism rates and risk for post-release overdoses will reduce.

As Congress works to reauthorize key programs within the SUPPORT Act, NACo and MAC urge you to contact your U.S. Representatives and Senators and ask them to support the inclusion of the following bipartisan bills that would address the Medicaid Inmate Exclusion Policy (MIEP): 

  • The Reentry Act (H.R. 2400/S.1165), which would allow Medicaid payment for medical services furnished to an incarcerated individual during the 30-day period preceding the individual’s release.
  • The Due Process Continuity of Care Act(H.R. 3074/S.971), which would allow pretrial detainees to receive Medicaid benefits at the option of the state.

Send a letter to your U.S. Senators and Representatives using the NACo letter template.

Access the new Medicaid Inmate Exclusion Policy (MIEP) Advocacy Toolkit for talking points, sample social media posts and other advocacy resources.

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

 

National settlement announced on PFAS

Counties may soon be contacted regarding a national settlement over PFAS contamination. Chemical manufacturer 3M has agreed to pay more than $10 billion to settle lawsuits over the detection of PFAS in drinking water systems. The settlement will be paid over 13 years and could exceed the initial $10 billion.

In a press release from 3M, it was announced the settlement “provides funding for public water suppliers (PWS) nationwide that have detected PFAS in drinking water, as well as for eligible PWS that may detect PFAS at any level in the future.” The money can be used for remediation and prevention through filtering and testing.

PFAS is a harmful chemical found in food packaging, nonstick products and firefighting foam. Communities with airports, military bases, or plating factories may have higher levels of PFAS in their water systems due to runoff.

MAC has been made aware that some counties in Michigan have already been notified of a potential payout. There is limited information available publicly regarding next steps.

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

 

Juvenile justice reform efforts begin in Senate

The MAC-backed juvenile justice reform bill package has been introduced in the Senate and referred to the Senate Committee on Civil Rights, Judiciary and Public Safety. The 20-bill package, Senate Bills 418–437, are a result of the Michigan Task Force on Juvenile Justice Reform’s recommendations provided last July. Identical bills, House Bills 4624–4643, have previously been introduced and referred to the House Criminal Justice Committee.

(UPDATE: Please see clarification on CCF rate changes in the Aug. 25, 2023, Legislative Update.)

The Task Force on Juvenile Justice Reform was established by Gov. Gretchen Whitmer in 2021 and was tasked with assessing Michigan’s juvenile justice data and identifying ways to improve the system. The bipartisan task force was chaired by Lt. Gov. Garlin Gilchrist and included members from all three branches of government and state and local level juvenile justice leaders and advocates. Two county commissioners served on the Task Force, each nominated by MAC. Alisha Bell of Wayne County represented a county with a population over 100,000, and Marlene Webster of Shiawassee County represented a county with under 100,000 in population. Rep. Sarah Lightner (R-Jackson), a former county commissioner, also served on the Task Force.

The Task Force offered 32 recommendations to the Legislature last year. Six priority areas have been identified and translated into the bill package.

The first bill in the package, Senate Bill 418, by Sen. Sylvia Santana (D-Wayne), enhances the Child Care Fund (CCF) by establishing a minimum framework of juvenile justice best practices statewide, including the use of risk screening and assessment tools. The best practices will be supported by an increase in the reimbursement rate for community-based services from 50 percent to 75 percent These changes are essential to ensuring counties have the resources to implement and utilize these approaches.

Senate Bills 419–423 require consistent use of validated screening and assessment tools to enable more objective decision-making and allow agencies to better match youth to appropriate supervision and services, reducing their likelihood to recidivate. The bills also expand the Diversion Act so that all offenses, with an exception for youth committing a specified juvenile violation, are eligible for pre-court diversion, based on the use of a risk-screening tool and other factors, and limit the time that a youth can be placed on pre-court diversion, unless the court determines that a longer period is needed. While diversion eligibility would be expanded, judicial discretion remains.

Senate Bills 424 and 425, by Sen. Sue Shink (D-Washtenaw), also a former county commissioner, would expand the Michigan Indigent Defense Commission to include development, oversight and compliance with youth defense standards in local county defense systems and expands the State Appellate Defender Office to include appellate services for juveniles.

Senate Bills 428–431 eliminate most non-restitution fees and costs associated with juvenile justice system involvement. The bills do not include the elimination of restitution or fees related to the Crime Victims Fund. For restitution and fees related to the Crime Victims Fund, the bills establish a standard procedure for ability to pay, determination of payment schedule, and total to be assessed.

Senate Bills 432–437 would strengthen and expand the Office of the Children’s Ombudsman for handling, investigating, and reporting incidents in juvenile facilities.

A committee hearing could take place before the end of summer. If not, hearings will resume this fall.

MAC supports this package and has shared a letter of support with members of the House Criminal Justice Committee.

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

 

Michigan Supreme Court rules in trial court funding case

On Friday, July 7, the Michigan Supreme Court ruled in People v. Johnson, placing the fate of trial court funding back in the hands of the Legislature. Currently, a court’s authority to impose court fines and fees on criminal defendants has a legislative “sunset” of May 1, 2024.

With this sunset, which has been extended three times since 2014, the Legislature must act prior to its expiration to implement proper trial court funding reform. In both concurring and dissenting opinions, The justices are urging the Legislature to act swiftly and provide a solution to this issue before the sunset date, specifically to address the recommendations provided by the Trial Court Funding Commission.

MAC and other stakeholders are working on legislation to adopt the Trial Court Funding Commission’s recommendations:

  • Establish a Stable Court Funding System
  • The State Shall Offer to Provide All Court Technology Needs
  • Establish Uniform Assessments and Centralized Collections
  • Move Toward a Uniform Employment System
  • Establish a Transition Plan for the New Court Funding Model

MAC members should make sure their legislators are aware of the financial burden that will be placed on counties without action from the state and the need for legislative action prior to May 1, 2024.

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

 

Webinar on July 27 focuses on treating Opioid Use Disorder in jails

On July 27, the next webinar in the Opioid Settlement Technical Assistance Learning Series will be held from 2:30 p.m. to 4 p.m. It will provide a discussion on treating opioid use disorder in jails.

The series is hosted by Michigan Department of Health and Human Services, in partnership with Michigan State University, the University of Michigan and Wayne State University, as part of their Technical Assistance Collaborative. The webinars are intended to provide information from experts for officials and representatives from counties, municipalities and townships, including community members, to aid in their opioid settlement investment processes.

See the flier and register by clicking “Register Today.”

For more information on opioid settlements are technical assistance, contact Amy Dolinky at dolinky@micounties.org.

 

MAC releases RFP scoring template for opioid settlement spending

MAC has created supplemental documents to the Michigan Opioid Settlements Funds Toolkit: A Guide for Local Spending. The new template being released is the Request for Proposals (RFP) Scoring Template to be used in combination with the existing RFP Template and RFP Budget Template. To see all templates created by MAC, visit the Opioid Settlement Resource Center.

To request new templates, or if you have questions, contact Amy Dolinky at dolinky@micounties.org.

 

Treasury webinar reviews state budget, economy

A Michigan Treasury webinar, co-sponsored by MAC and other local government groups, was held on Thursday.

Specific topics covered were:

  • State of Michigan Budget Update – State Treasurer, Rachael Eubanks 
  • Michigan Economic Update
  • FY2024 Budget Changes for Local Governments
  • Local Budget Planning Tips

Presentations and recordings from this webinar, along with previous webinars, can be found on the Bureau of Local Government and School Services – Learning Center webpage.

 

Staff picks

Legislative Update 7-7-23

Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

ICYMI: Revenue sharing, Child Care Fund boosts mark FY24 state budget

Increases in county revenue sharing and reimbursements for the Child Care Fund highlight a fiscal 2024 state budget approved by legislators during marathon sessions in Lansing this week.

What is being described as “the largest state budget in Michigan history” includes a $17.6 million boost in county revenue sharing, which will bring the total in FY24 to $263.4 million. This represents the seventh consecutive increase in this account after a decade of disinvestment by the state.

“We are obviously pleased with increases in revenue sharing, and especially this year in light of the fact that these are broad-based boosts that reach every corner in the state in a budget marked more by specific and highly individualized projects by the Legislature,” said Stephan Currie, MAC’s executive director.

See county-by-county revenue sharing estimates for FY24.

The fact that the final increase was much less than had originally been discussed earlier this year is evidence, said MAC’s chief lobbyist, that the true, fundamental reform is to create and fund a separate Revenue Sharing Trust Fund. “What we have seen from the conference committee this week is a reminder that we need to take revenue sharing out of the annual political free-for-all with the budget,” said Deena Bosworth. “Our plan, developed in close coordination with other local government groups, will do just that, and we remain hopeful that, with members’ help, we can bring this reform into reality later this year.”

Bosworth was referring to plans embodied in House Bills 4274, by Rep. Amos O’Neal (D-Saginaw), and 4275, by Rep. Mark Tisdel (R-Oakland), which would create a trust fund and dedicate a percentage of the state sales tax to it, thereby ensuring annual growth when sales tax receipts grow and separating revenue sharing from much of the current budget politics.

To send a message of support to your legislators of this reform, click here.

In other county-related items from the FY24 budget:

  • $6.6 billion is assigned to transportation work;
  • $1.1 billion is assigned to environmental work (with about a third of it coming from the state General Fund);
  • Reimbursements for counties from the Child Care Fund will go to 75 percent from the current 50 percent, securing one of MAC’s key priorities for 2023;
  • $72 million will go into Michigan Indigent Defense Commission grants to cover costs associated with Standard 8 adopted by the commission;
  • $19.3 million is dedicated to foster care per diems, representing an 8 percent increase;
  • $25 million is dedicated in an increase to Essential Local Public Health Services; and
  • $76 million is dedicated to implementing the provisions of Proposals 1 and 2 from 2022 that alter legislative term limits, transparency and election procedures, with $30 million of that figure set aside for grants to incentivize early voting efforts on a multi-jurisdictional effort.

For more information about MAC’s advocacy on the state budget, contact Deena Bosworth at bosworth@micounties.org.

 

MAC team dives into state budget numbers related to counties

Michigan’s fiscal 2024 budget has a $17.6 million boost for county revenue sharing, MAC’s Podcast 83 team report in a special episode taped on June 29.

Host Stephan Currie led the MAC Governmental Affairs Team of Deena Bosworth, Madeline Fata and Samantha Gibson through the big budget details hammered out midweek by the Legislature:

  • Revenue sharing goes to $263 million for the 83 counties;
  • The Child Care Fund reimbursement rate goes to 75 percent, from 50 percent;
  • Full funding goes to the Michigan Indigent Defense Commission to implement the controversial Standard 8; and
  • More than $70 million is committed to implementing new election and transparency measures that voters approved in 2022.

View the full video of the episode, taped on June 29, by clicking here.

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

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

 

Legislative Update takes brief summer hiatus

MAC’s Legislative Update will not be released on Friday, July 14.

The weekly email blast, with all the important news affecting counties in Michigan, will resume on Friday, July 21.

Remember to also check the news section of MAC’s website, https://micounties.org/mac-news/, for any breaking news items.

 

Legislative Update 6-30-23

Blog, Events, Legislative, MAC news, Marketing, NACo

Revenue sharing, Child Care Fund boosts mark FY24 state budget

Increases in county revenue sharing and reimbursements for the Child Care Fund highlight a fiscal 2024 state budget approved by legislators during marathon sessions in Lansing this week.

What is being described as “the largest state budget in Michigan history” includes a $17.6 million boost in county revenue sharing, which will bring the total in FY24 to $263.4 million. This represents the seventh consecutive increase in this account after a decade of disinvestment by the state.

“We are obviously pleased with increases in revenue sharing, and especially this year in light of the fact that these are broad-based boosts that reach every corner in the state in a budget marked more by specific and highly individualized projects by the Legislature,” said Stephan Currie, MAC’s executive director.

The fact that the final increase was much less than had originally been discussed earlier this year is evidence, said MAC’s chief lobbyist, that the true, fundamental reform is to create and fund a separate Revenue Sharing Trust Fund. “What we have seen from the conference committee this week is a reminder that we need to take revenue sharing out of the annual political free-for-all with the budget,” said Deena Bosworth. “Our plan, developed in close coordination with other local government groups, will do just that, and we remain hopeful that, with members’ help, we can bring this reform into reality later this year.”

Bosworth was referring to plans embodied in House Bills 4274, by Rep. Amos O’Neal (D-Saginaw), and 4275, by Rep. Mark Tisdel (R-Oakland), which would create a trust fund and dedicate a percentage of the state sales tax to it, thereby ensuring annual growth when sales tax receipts grow and separating revenue sharing from much of the current budget politics.

To send a message of support to your legislators of this reform, click here.

In other county-related items from the FY24 budget:

  • $6.6 billion is assigned to transportation work;
  • $1.1 billion is assigned to environmental work (with about a third of it coming from the state General Fund);
  • Reimbursements for counties from the Child Care Fund will go to 75 percent from the current 50 percent, securing one of MAC’s key priorities for 2023;
  • $72 million will go into Michigan Indigent Defense Commission grants to cover costs associated with Standard 8 adopted by the commission;
  • $19.3 million is dedicated to foster care per diems, representing an 8 percent increase;
  • $25 million is dedicated in an increase to Essential Local Public Health Services; and
  • $76 million is dedicated to implementing the provisions of Proposals 1 and 2 from 2022 that alter legislative term limits, transparency and election procedures, with $30 million of that figure set aside for grants to incentivize early voting efforts on a multi-jurisdictional effort.

For more information about MAC’s advocacy on the state budget, contact Deena Bosworth at bosworth@micounties.org.

 

Pay boosts for medical workers included in FY24 budget

Employees at medical care facilities will get pay boosts under budget plans approved by the Legislature for fiscal 2024 this week.

Final versions of the budget include:

  • An 85-cent per hour increase for direct care workers, this is in addition to the $2.35 direct care worker wage increase that CNAs, LPNs, RNs and respiratory therapists currently receive and brings the total wage increase for direct care workers employed in nursing facilities to $3.20 per hour
  • An 85-cent per hour increase for long-term care/non-direct care workers

Each of these wage increases will take effect Oct. 1, 2023. The Department of Health and Human Services (MDHHS) will issue updated policies for providers to request reimbursement for the wage increases.

The Michigan County Medical Care Facilities Council, an affiliate of MAC, has supported wage increases for critical workers in the long-term care industry in 2023.

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

 

Podcast episode focuses on revenue sharing, budget timeline

A highly successful committee hearing and continued uncertainty on budget timing were two of the topics discussed this week in Podcast 83, MAC’s podcast on all things related to county government.

Host Stephan Currie led the MAC Governmental Affairs Team of Deena Bosworth, Madeline Fata and Samantha Gibson through a tour of pending legislative matters in Lansing, including:

  • Revenue Sharing Trust Fund, with Bosworth reporting on her testimony before an apparently approving House committee on the topic, which would create a dedicated stream of sales tax dollars for county revenue sharing;
  • Public Safety Trust Fund, with Bosworth noting that the same House committee seemed to share many of MAC’s concerns about the concept, particularly its lack of provisions to recognize the growing demands on county sheriffs;
  • Juvenile Justice Reform, with Gibson explaining that key legislators are looking to spend the summer taking testimony and then act on the huge legislative package, which MAC supports, in the fall; and
  • Fiscal 2024 state budget, with Bosworth noting that the new Democratic majority in Lansing has been surprisingly tight-lipped over the final revisions to the spending plan that is expected to be finished this week for the budget year that starts Oct. 1.

View the full video of the episode, taped on June 26, by clicking here.

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

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

 

BEAD means $1.6 billion in broadband funds for state

It’s official. Michigan will receive $1.56 billion in federal funding as part of the Broadband Equity, Access and Deployment (BEAD) Program. While this amount was not a surprise and has been expected since last fall, President Biden and the National Telecommunications and Information Administration (NTIA) confirmed each state’s allocation on Monday.

In total, $42.45 billion will be distributed across the United States to provide broadband to unserved and underserved areas. The BEAD program is the largest investment in high-speed internet ever and is part of Biden’s larger plan to connect the entire country by 2030. The Michigan High-Speed Internet Office will be responsible for administering these funds and expects to open the application process in 2024.

Last week, MAC reported that $300 million had been awarded to various communities and internet providers across Michigan as part of two separate federal programs. With the addition of the BEAD money, Michigan will see nearly $2 billion invested in broadband infrastructure in just two years – a historic feat. Stay tuned for updates on the BEAD program’s availability!

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

 

Pilot sites wanted for addiction stigma initiative

The Addiction Policy Forum is accepting applications for pilot sites for a no cost anti-stigma initiative. All county governments in the United States are eligible to apply. The project focuses on addiction stigma reduction, increased understanding of addictions, changes in helping behaviors towards those with substance use disorder and gaining insight into levels of addiction stigma within communities that become pilot sites.

To apply, visit Addiction Policy Forum Anti-Stigma Initiative.

 

‘WOTUS’ ruling to have little local impact, state agency says

“A ruling by the U.S. Supreme Court changing the federal definition of protected wetlands will have little to no impact in Michigan, which is one of three states given authority by the federal government to administer its own wetlands program under state law,” the Michigan Department of Environment, Great Lakes and Energy reported on June 22.

“Ruling on the case Sackett v. EPA last month, the court reduced the scope of the waters and wetlands regulated by the federal Clean Water Act. However, EGLE will continue to administer state law which provides effective protection of Michigan’s wetlands, lakes and streams but also streamlines the program for the regulated community.

“Although what is regulated under federal law has changed numerous times in recent years, Michigan’s wetlands protections are vested in state law which has provided clear definitions since it was enacted in 1979. The SCOTUS ruling, as well as the instability and lack of regulatory clarity at the federal level over the last decade further reinforces the importance of having a comprehensive and stable program in Michigan.

“Different criteria between state and federal wetlands laws make it infeasible to do a side-by-side comparison in acreage covered by state law, as opposed to what would be covered if Michigan fell under federal rules. Michigan will continue to protect waters and wetlands that are critical to protecting water quality and controlling flooding in communities across the state.

“‘Michigan is the epicenter of the world’s greatest freshwater ecosystem – the Great Lakes – so it is fitting that we have a direct role in protecting the wetlands that nurture and feed those freshwater sources,’ said James Clift, an EGLE deputy director. ‘Neither the rules in Michigan, nor our commitment to protecting freshwater resources, has changed in the wake of this ruling.’”

 

Allegan, Berrien commissioners attend power plant meeting

Allegan County Commissioner Dean Kapenga and Berrien County Commissioner Chokwe Pitchford were among the leaders who attended a gathering of state, local and economic development officials to address the future of the Palisades nuclear power plant on Monday convened by state Rep. Joey Andrews (D-Berrien) as a “repowering roundtable” discussion.

 

MAC offices closed to observe Independence Day holiday

MAC’s offices in Lansing will be closed July 3-4 to observe the Independence Day holiday.

MAC will resume normal office hours on Wednesday, July 5 at 8 a.m.

To see a full text of the Declaration of Independence, issued July 4, 1776, click here.

 

Legislative Update 6-23-23

Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

MAC continues push on Revenue Sharing Trust Fund legislation

“Revenue sharing is an unrestricted revenue source that local units of government use for the services that they need …  What we’re trying to accomplish here is to have some growth entered into the formula.”

So explained MAC’s Deena Bosworth to the House Committee on Local Government and Municipal Finance this week about bills that would create a dedicated source of dollars for local revenue sharing.  Substitute versions of the original legislation were adopted in the committee prior to joint testimony given by MAC, the Michigan Municipal League and the Michigan Townships Association. (Click here to view Bosworth’s testimony, which begins at the 20:20 mark.)

House Bills 4274, by Rep. Amos O’Neal (D-Saginaw), and 4275, by Rep. Mark Tisdel (R-Oakland), would:

  • Create a separate “Revenue Sharing Trust Fund” to receive and hold dollars solely for the purpose of fulfilling the state’s promise to local governments on revenue sharing;
  • Require that 8 percent of the revenue generated by 4 percentage points of the state’s sales tax rate be directed into the fund; and
  • Result in $601.1 million in statutory revenue sharing for all local governments across Michigan based on the May Consensus Revenue Estimate for sales tax.

Counties would receive 46.14 percent of this total in the first year, $277 million, which would be an increase of nearly $31 million from the current total.

MAC has long sought to create stability and fairness in the revenue sharing system by removing the statutory portion of it from the annual appropriations process and by designating a steady revenue source.

The bills did not receive a vote this week, and it is currently unclear if the Legislature will include these amounts and calculations in the state’s fiscal 2024 budget, which is expected to be completed early next week.

MAC has a digital advocacy campaign under way in support of these reforms and encourages all county commissioners to utilize this communication tool to notify your legislators of your support for the policy.

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

 

Lawmakers study Public Safety Trust Fund concept

Bills that would carve out 1.5 percent of the first 4 percentage points of the state sales tax and dedicate that revenue to public safety departments within municipalities with high crime rates were up for testimony this week in the House Committee on Local Government and Municipal Finance.

House Bill 4605, by Rep. Nate Shannon (D-Macomb), and HB 4606, by Rep. Alabas Farhat (D-Wayne), would yield about $110 million for city and township police departments based on a three-year average of violent crime rates and be disbursed on a proportional basis based on a municipality’s average share of statewide reported crimes. 

The bills would prevent eligible municipalities from supplanting existing public safety allocations with this funding unless there is a decline in total general fund from the previous year and a proportional decline in its existing reoccurring resources. 

The bills do not include direct funding for county sheriff departments, though they do allow for a pass-through of the funds should a sheriff’s department have a contract with a local municipality to provide police services.

MAC does not have an official position on the bills at this time, but several inequities in the bills have been identified. First, numerous townships across the state rely on sheriff departments for police services but do not have a contract for that service and would, therefore, be ineligible for this funding.  Second, increased policing will ultimately result in more incarcerations in county jails, thereby increasing costs at the county level without any corresponding financial assistance. Lastly, many counties in our state have law enforcement shortages and/or lack the tax base to handle the public safety needs brought on by increased tourism.

MAC will work with the bill sponsors and advocates to address our concerns while still supporting the overall effort of additional resources to address violent crime.

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

 

Broadband projects gearing up with new federal dollars

Michigan is slated to receive nearly $300 million in federal funding to expand broadband access across the state, according to two separate announcements this week.

About $238 million comes from the Realizing Opportunity with Broadband Infrastructure Networks (ROBIN) program to support 24 separate projects, while another $61 million comes from the National Telecommunications and Information Administration (NTIA) direct to Peninsula Fiber Network (PFN).

The Michigan High-Speed Internet Office (MIHI) announced Tuesday it had awarded 11 applicants a total of $238 million. Those applying for ROBIN dollars had to demonstrate public-private partnerships and an ability to match funds. This means the actual investment in broadband infrastructure through ROBIN will be $578 million. MIHI estimates these funds will help to connect more than 100,000 unserved homes, businesses, and institutions. There is a comment and objection period between now and July 31, 2023, so while these projects have been approved, they are not set in stone just yet.

As for the $61 million from NTIA, PFN has shared its plans to distribute the funds across three projects benefiting various regions of the state:

  • An underwater fiber optic link will be installed to connect Benton Harbor and Chicago.
  • The Upper Peninsula will be connected to Beaver Island and Charlevoix.
  • A route will be installed between Flint and Port Huron.

MAC is thrilled to see such substantial investments in broadband infrastructure in Michigan, and there is more to come: Michigan expects to receive roughly $1.6 billion as part of the Broadband Equity, Access, and Deployment (BEAD) program in 2024. These funds will be prioritized for unserved and underserved locations and the application process will likely begin early next year.

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

 

Justice commission bill passes Senate

A bill to establish the duties of a new Michigan Sentencing Commission passed out of the Senate on Thursday.

Senate Bill 377, by Sen. Ed McBroom (R-Dickinson), advanced out of the chamber, though its companion measure, SB 376, by Sen. Stephanie Chang (D-Wayne), did not receive a vote. This is likely due to House Bills 4173 and 4384, by Reps. Abraham Aiyash (D-Wayne) and Luke Meerman (R-Ottawa) respectively, having passed out of the House last week and being referred to the Senate Judiciary Committee.

None of this legislation allows for a representative of county boards of commissioners on the state panel, despite a county’s role as a funding unit and key administrative piece of local criminal justice.

In light of this deficiency, MAC remains opposed to HB 4173 and SB 376.

Given a county’s role as the funding unit, and its fiduciary responsibilities to jails, sheriff’s offices and prosecutor’s offices, it is imperative that counties have a voice, MAC Governmental Affairs Associate Samantha Gibson testified previously.

In SB 377 and HB 4384, the commission would be tasked with submitting a prison and jail impact report relating to any modifications to sentencing guidelines, including any impact on state and local correctional facilities. There are also indirect costs associated with the bills, depending on decisions made by the commission. Costs could increase or decrease, depending on changes made to sentencing guidelines. The potential for financial burdens imposed by the state onto county jails is of great concern to MAC. A county voice is crucial on the commission.

Despite the current refusal from legislators to include county commissioners on the commission, MAC will continue to press for such representation.

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

 

Podcast delves into big changes for drain code

Bills designed to allow for water management districts and for the assessment of costs across watersheds in Michigan are the topic of a special episode of MAC’s Podcast 83 released on June 20.

MAC’s Deena Bosworth hosted a session with Stacy Hissong, general counsel for the Michigan Association of County Drain Commissioners (MACDC) and member of the law firm of Fahey Schultz, on the proposed rewrite of Chapter 22 of the Michigan Drain Code.

House Bills 4382-83, by Reps. Curt VanderWall (R-Mason) and Christine Morse (D-Kalamazoo) respectively, would allow local governments and residents to petition the drain commissioner for the establishment of the districts and, if found necessary, to create a plan to manage stormwater within the district in ways not currently allowed.

The plan would be unique to each district and could include actionable items like regional detention, buffer strips and the creation of wetlands, rain gardens and the like. The intent is to slow down and detain water during major storm events, instead of allowing it to flood roads, fields, businesses and homes on its way to a drain. The plan must include an estimate of the cost of each recommended activity.

The legislation is backed by MAC and MACDC.

View the full video of the episode by clicking here.

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

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

 

MAC creates Opioid Settlement Learning Community to share best practices

County, city and township government officials are invited to participate in the Local Government Learning Community on Opioid Settlements hosted by MAC, the Michigan Municipal League and the Michigan Townships Association. This new network will bring together local subdivisions working to plan and spend their opioid settlement funds.

The group is intended to foster peer-to-peer learning and will include presentations from local governments on practical solutions and examples to addressing the challenges of planning for use of the settlement funds.

The initial session will take place on Friday, July 14 at noon, and meetings will continue monthly on the second Friday from noon to 1 p.m.

To register, please see the flier.

For questions on this issue, contact Amy Dolinky at dolinky@micounties.org.

 

Juvenile Justice Reform Task Force members testify before House panel

A package of 20 bills to reform the state’s juvenile justice system, supported by MAC, received a hearing in the House Committee on Criminal Justice this week. This package, House Bills 4624–4643, would expand the County Child Care Fund (CCF), including an increase in reimbursement rates to counties from 50 percent to 75 percent for community-based services; expand eligibility for diversion; and require the use of risk and needs assessments.

(UPDATE: Please see clarification on CCF rate changes in the Aug. 25, 2023, Legislative Update.)

In addition to expanding the CCF, the Michigan Indigent Defense Commission would be expanded to implement youth defense standards in local county defense systems; the State Appellate Defender’s Office would be required to oversee a system of appellate defense for juveniles; and court fines and fees for juveniles would be waived.

The Task Force on Juvenile Justice Reform was established by Gov. Gretchen Whitmer in 2021. The bipartisan task force was chaired by Lt. Governor Gilchrist and included members from all three branches of government, as well as state and local level juvenile justice leaders and advocates. Two county commissioners served on the Task Force, each nominated by MAC. Alisha Bell of Wayne represented a county with a population over 100,000, and Marlene Webster of Shiawassee represented a county under 100,000 in population. Rep. Sarah Lightner, a former county commissioner, also served on the Task Force.

The Task Force discovered several challenges to strengthening public safety and improving outcomes for youth. Those challenges, however, led to the set of 32 recommendations last year. Six priority areas have been identified and translated into this 20-bill package.

HB 4624, by Rep. Christine Morse (D-Kalamazoo), enhances the Child Care Fund (CCF) by establishing a minimum framework of juvenile justice best practices statewide, including the use of risk screening and assessment tools. The best practices will be supported by an increase in the reimbursement rate for community-based services from 50 percent to 75 percent. These changes are essential to ensure counties have the resources to implement and utilize these approaches.

HBs 4625–4629 require the consistent use of validated screening and assessment tools to enable more objective decision-making and allow agencies to better match youth to appropriate supervision and services, reducing their likelihood to recidivate. The bills also expand the Diversion Act so that all offenses, with an exception for youth committing a specified juvenile violation, are eligible for pre-court diversion, based on the use of a risk-screening tool and other factors and limit the time that a youth can be placed on pre-court diversion, unless the court determines that a longer period is needed. While diversion eligibility would be expanded, judicial discretion remains.

HBs 4630 and 4631, by Rep. Lightner (R-Jackson), would expand the Michigan Indigent Defense Commission to include development, oversight, and compliance with youth defense standards in local county defense systems, and expands the State Appellate Defender Office to include appellate services for juveniles.

HBs 4634–4637 eliminate most non-restitution fees and costs associated with juvenile justice system involvement. The bills do not include the elimination of restitution or fees related to the Crime Victims Fund. For restitution and fees related to the Crime Victims Fund, the bills establish a standard procedure for ability to pay, determination of payment schedule, and total to be assessed.

HBs 4638–4642 would strengthen and expand the Office of the Children’s Ombudsman for handling, investigating, and reporting incidents in juvenile facilities.

Continued testimony is expected in the House over the coming weeks and throughout the summer.

MAC supports this package and has shared a letter of support with members of the House Criminal Justice Committee.

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

 

Michigan counties get $6 million in federal PILT funds

On June 15, the U.S. Department of the Interior (DOI) announced that $578.8 million will be distributed to counties in 2023 through the Payments in Lieu of Taxes (PILT) program.

“Payments in Lieu of Taxes (PILT) are federal payments to local governments to help offset losses in property taxes due to the existence of nontaxable Federal lands within their boundaries. The original law is Public Law 94-565, dated October 20, 1976. This law was rewritten and amended by Public Law 97-258 on Sept. 13,1982, and codified at Chapter 69, Title 31 of the United States Code. The law recognizes the financial impact of the inability of local governments to collect property taxes on federally owned land.”

Thirty-one Michigan counties received $5.98 million covering 2.21 million acres of land, with payments ranging from $132 for Monroe to $709,500 for Gogebic.

Of states east of the Mississippi River, only Florida ($6.9 million) and Virginia ($6.5 million) receive more in federal PILT than Michigan.

To see the Michigan list, click here.

 

Solar PILT bills clear Michigan House

Legislation to create an optional structure for the taxes levied on solar facilities in Michigan has passed the House with bipartisan support.

After years of participation in workgroups to ensure local options, a stable funding source, appropriate zoning considerations and adequate local reimbursements, MAC has taken a neutral position on the legislation.

House Bills 4317 and 4318, by Reps. Curt VanderWall (R-Mason) and Cynthia Neeley (D-Genesee) respectively, would allow for the creation of solar energy districts by local municipalities after a mandatory public hearing. Subsequently, solar energy developers could apply for an exemption from local property taxes and instead pay a flat rate of $7,000 per megawatt of nameplate capacity per year for the proposed solar energy facility, instead of ad valorem property taxes. The payment would be locked in for 20 years and distributed based on the proportions of normal taxes that would have been paid to each taxing unit. 

An additional financial incentive would be offered for developers that choose to site their facilities on brownfield properties, in opportunity zones, as a secondary use on already improved real property (i.e., roof tops) or on state-owned property. In such cases, the reimbursement rate would be $2,000 per megawatt of nameplate capacity. 

The impetus behind the legislation is twofold. First, this methodology for compensating locals for lost taxes will provide financial predictability for the developers and the locals, hopefully avoiding the same problems we have had with the challenges to the evaluation of wind turbines. Second, the rate and process should serve as incentives for developers to build more renewable energy facilities in the state.  

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

 

MACPAC reaches midyear point ahead of 2022 fundraising pace

MACPAC, the association’s political action committee, has raised nearly $10,000 since December 2022, nearly matching the total for 12 months prior to last December.

MACPAC is the only PAC in Michigan devoted to supporting allies of county government in the Michigan Legislature.

As of June 13, MACPAC had received:

Allegan and Kent counties are tied at the midyear point for most commissioners donating with three each.

In the 2022 tracking year, MACPAC raised approximately $11,000.

To donate using MACPAC’s digital system, just click here.

For more information about MACPAC, visit its webpage.

 

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