Real Estate | Fraser Blog

Canada’s Ban on Foreign Homebuyers

As of January 1, 2023, Canada has restricted the purchase of residential property by non-Canadians. The Government of Canada has enacted the Prohibition on the Purchase of Residential Property by Non-Canadians Act in an effort to stabilize the Canadian housing market and help make homes more affordable for Canadian citizens and those living in Canada. Passed by the Canadian Parliament in June of 2022, this new legislation prevents non-Canadians and corporations controlled by non-Canadians from purchasing, directly or indirectly, any residential property in Canada for two years.

The Act defines residential property as any real property that is a detached home or similar building which contains no more than three dwelling units, as well as semi-detached homes, rowhouses, or condominiums, and vacant land zoned for residential and mixed-use. Thus, the legislation does not explicitly ban the purchase of larger buildings with multiple units.

A key parameter in the Act’s accompanying Regulations notes that this legislation will only apply to properties located in a “Census Metropolitan Area” or a “Census Agglomeration.” A census metropolitan area has a total population of at least 100,000, with at least 50,000 living in its core, while a census agglomeration has a core population of at least 10,000 people, based on data from the previous Census of Population Program. Thus, homes and recreational properties, such as cottages and lake houses, located outside of Census Metropolitan Areas or Census Agglomerations will not be considered residential property and not subject to the ban.

The Act further lays out exceptions to specific categories of individuals who will be allowed to purchase residential properties in the two-year period. There is no ban on the purchase of property by Canadian citizens, persons registered under the Indian Act, and permanent residents. Refugees, buyers with Canadian spouses or partners, and temporary residents studying or working in Canada, all meeting specific criteria, are not subject to the ban. Additionally, the new legislation will not affect individuals who acquire an interest or a real right resulting from death, divorce, separation, or a gift.

Banned individuals who violate the prohibition may be subject to a penalty of up to $10,000 CDN and may be forced to sell the property purchased, “receiving no more than the purchase price paid.” In addition, those who knowingly assist a non-Canadian in “contravening the prohibition” may also be subject to the fine.

The prohibition does not apply if a non-Canadian becomes liable or assumes liability under an agreement of purchase and sale of residential property prior to January 1, 2023.

To learn more about how this may affect your potential of purchasing of a home or vacation property in Canada, please contact us.

This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions.

Fraser Trebilcock attorney Laura M. DeMarco concentrates her practice on insurance law and general business matters. Laura can be reached at ldemarco@fraserlawfirm.com or (517) 377-0834.

Five Stories that Matter in Michigan This Week – December 30, 2022

NIL Legislation Takes Effect December 31, 2022

Michigan House Bill 5217 which was passed into law in 2020, takes effect December 31, 2022 and sets new standards for how student-athletes can earn compensation for the use of their name, image, and likeness (“NIL”) in Michigan.

Why it Matters: Student-athletes, covered higher education institutions, and businesses must ensure that NIL deal comply not only with NCAA rules and regulations, but also with the new standards that will apply in the State of Michigan starting in 2023. For example, higher education institutions are prohibited from paying a student-athlete compensation directly for the use of their NIL rights, or revoking or reducing a student-athlete’s athletic scholarship because they earned compensation from an NIL deal.

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CRA Unveils Cannabis Market Taxation and Regulatory Compliance Analysis Grant Program

Stemming from the state’s 2022-2023 budget, the Michigan Cannabis Regulatory Agency must award a grant to a selected party to start a program that is intended to analyze tax reporting, collection, and regulatory compliance within the Michigan cannabis market and provides up to $500,000 for performing the required work.

Why it Matters: Illegal cannabis flooding the market is still a major issue that is troubling Michigan’s cannabis market. This new program will identify relevant areas with information gathered from tax reporting to investigate for possible misconduct and other regulatory noncompliance.

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Michigan Department of Technology, Management and Budget Prevailing Wage Policy Upheld by Court of Claims

The Michigan Court of Claims sided with the state and ruled that DTMB did not violate the law when it implemented its prevailing wage policy on March 1, 2022.

Why it Matters: In July, 2021, the Associated Builders and Contractors of Michigan (“ABC”) filed a lawsuit against the State of Michigan with a motion for preliminary injunction asking the Court to enjoin DTMB from requiring prevailing wages for state contracts. ABC argued that Michigan cannot require the wage rate of its contractors because of the repeal of Michigan’s prevailing wage law in 2018. In October, the Michigan Court of Claims sided with the state. ABC has appealed the ruling. For the time being, pending the outcome of the appeal, DTMB’s prevailing wage policy remains in effect for construction projects financed in whole or in part by State of Michigan funds. Learn more on the subject.

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Bills Seeking to Expand Affordable Housing in Michigan Are Passed

Governor Whitmer signed a package of bills (Senate Bills 362, 364, 422 and 432) intended to support the development of more affordable housing units in communities across Michigan, with a particular focus on creating new housing units in cities.

Why it Matters: Lack of affordable housing is a big problem in Michigan and throughout the country. From an economic standpoint, when there is a lack of affordable housing, it makes it difficult for employers to attract and retain workers. Data from the Resilient Homes Michigan coalition says that Michigan is short about 203,000 affordable rental homes for the 320,000 renting households in the state that have incomes at or below 30% of the median income for their area.

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Officials Unveil $2 Million Grant to Support High-Tech Talent Workforce in Michigan

Earlier this month, Governor Whitmer along with officials from the Department of Labor and Economic Opportunity, Michigan Office of Future Mobility and Electrification, and the Detroit Regional Chamber, unveiled a two million dollar grant program to MichAuto to support and build up the high-tech talent workforce in Michigan.

Why it Matters: Investing in Michigan’s workforce and talent pipeline is key for the state to keep workers from leaving and relocating to other states. It builds on the state’s MI Future Mobility Plan to continue attracting businesses and workers to work in the state related to the future of transportation.

Related Practice Groups and Professionals

Higher Education | Ryan Kauffman
Business & Tax | Ed Castellani
Real Estate | Jared Roberts
Labor, Employment & Civil Rights | Aaron Davis

Five Stories that Matter in Michigan This Week – December 23, 2022

New Bills Passed to Expand Affordable Housing in Michigan

Governor Whitmer recently signed a package of bills (Senate Bills 362, 364, 422 and 432) intended to support the development of more affordable housing units in communities across Michigan, with a particular focus on creating new housing units in cities.

Why it Matters: Lack of affordable housing is a big problem in Michigan and throughout the country. From an economic standpoint, when there is a lack of affordable housing, it makes it difficult for employers to attract and retain workers. According to the Resilient Homes Michigan coalition, Michigan is short about 203,000 affordable rental homes for the 320,000 renting households in the state that have incomes at or below 30% of the median income for their area.

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Michigan Slips Slightly in Economic Benchmarking Report

Michigan dropped two spots, to 31st nationally, in the Business Leaders for Michigan’s annual benchmarking report that ranks states’ economic performance. While Michigan improved over last year in some key metrics, other states did as well, leading to Michigan falling slightly in the rankings.

Why it Matters: As the national economy softens, it’s more important than ever for Michigan business and government leaders to focus on sound economic policy to help maintain—and improve—the state’s competitiveness. The report highlighted, for example, how Ohio jumped from 33rd in the rankings last year to 23rd this year.

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New NIL Legislation Takes Effect December 31, 2022

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Cabinet Changes Announced for Governor Whitmer’s Second-Term

Governor Whitmer recently announced changes in leadership for several state departments. Some of the changes include Dan Eichinger taking over as acting director of the Department of Environmental, Great Lakes and Energy, Shannon Lott will become the acting director of the Department of Natural Resources, Michelle Lange chosen as the acting director of the Department of Technology, Management and Budget, and Brian Hanna will become director of the Cannabis Regulatory Agency.

Why it Matters: Further changes may be in the future as the new directors in their respective departments take over and implement their policies. Fraser Trebilcock attorneys will monitor and report on any important situations.

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Officials Unveil $2 Million Grant to Support High-Tech Talent Workforce in Michigan

Related Practice Groups and Professionals

Real Estate | Jared Roberts
Higher Education | Ryan Kauffman
Business & Tax | Paul McCord
Election Law | Garett Koger

Five Stories that Matter in Michigan This Week – November 18, 2022

Proposed Modifications to Michigan Court Rules Seek to Make Pandemic-Inspired Changes Permanent, Making it Harder to Evict Tenants

Why it Matters: Pursuant to recently proposed amendments to Michigan Court Rule 4.201, Michigan’s State Court Administrative Office has taken steps to make many pandemic-era changes to minimize evictions permanent. Some of the proposed rules are allowing a judge to adjourn trial for at least seven days if a default judgment is not entered, and staying an eviction case if a tenant has applied for rent assistance. Learn more from our Fraser Trebilcock real estate attorneys on the matter.

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Michigan Small Business Growth Remains Strong

According to a recent report from the small Business Association of Michigan, Michigan’s entrepreneurial economy continues to grow. Among other things, SBAM’s Entrepreneurship Score Card shows that Michigan small businesses have outperformed U.S. averages in terms of the percentages of businesses being opened and revenue.

Why it Matters: Small businesses have always been the backbone of economic growth in Michigan and across the country. This report highlights the resilience of Michigan entrepreneurial economy.

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Business Planning for the Future

A lot of small-to-medium size businesses devote time and focus on their near-term future but may not think of what 5-10 years will bring. The value of a business can often be in the ability to transition it to a new owner, but some business owners are unsure how to set themselves up to be successful in this arena.

Why it Matters: Capitalizing on the ability to plan for the long-term will aid your business in any transitions that may occur. Learn more here.

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CRA Issues Michigan Consumer Advisory

Earlier this week, CRA issued a bulletin giving notice to consumers that a marijuana business that operates as both a state-licensed medical and adult-use recreational, Green Culture, sold unregulated products that may have contained several contaminants, such as mold and/or bacteria.

Why it Matters: Following the investigation, the CRA suspended both of Green Culture’s licenses. Marijuana businesses should heed this as a warning, the CRA are cracking down on businesses that do not follow the strict guidelines and rules laid out by the state agency.

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IRS Announces 2023 Cost-of-Living Adjustment for Retirement and Health and Welfare Benefit Plans

The Internal Revenue Service recently announced 2023 cost-of-living adjustments for retirement and health and welfare benefit plans. The significant adjustments reflect the increase in inflation over the last year. The adjustments are detailed in IRS Notice 2022-55. For example, the contribution limit for a Simple 401(k) will increase to $15,500 in 2023 from $14,000 in 2022, and for a Health FSA, limits will increase to $3,050 in 2023 from $2,850 in 2022.

Why it Matters: Business owners and employers should be aware of these adjustments and share this information with employees as we approach the new year. If you have any questions regarding these adjustments, please contact our Employee Benefits team.

Related Practice Groups and Professionals

Real Estate | Jared Roberts
Business & Tax | Mark Kellogg
Cannabis Law | Sean Gallagher
Employee Benefits | Robert Burgee

Proposed Modifications to Michigan Court Rules Seek to Make Pandemic-Inspired Changes Permanent, Making it Harder to Evict Tenants

During the COVID-19 pandemic, Michigan’s court rules related to landlord-tenant eviction procedures were modified in some ways to utilize video conferencing and to make certain proceedings more efficient, and modified in other ways that made it more difficult for landlords to evict residential and commercial tenants. Pursuant to recently proposed amendments to Michigan Court Rule 4.201, Michigan’s State Court Administrative Office has taken steps to make many pandemic-era changes to minimize evictions permanent.

The rule changes were subject to a shortened public comment period which ended on November 1, 2022. The Supreme Court will take them up at its November 16 public hearing.

Some of the highlights of the rule modifications include:

Giving courts discretion as to whether to enter an eviction order if a tent fails to appear at an eviction hearing (pre-pandemic such an order was mandatory).
Allowing a judge to adjourn trial for at least seven days if a default judgment is not entered.
Staying an eviction case if a tenant has applied for rent assistance.
Allowing tenants to request a jury trial with only 48 hours’ notice before a trial.
Permitting online pretrial hearings.
Requiring tenants to be served in person if a landlord is seeking an immediate default judgment.

Eviction is an issue that every Michigan landlord must grapple with at some point while running their business. Ever since COVID-19 began, it’s become harder for landlords to move forward with eviction. And now, given these proposed rule changes, it may not get any easier for the foreseeable future.

One of the best ways to avoid having to deal with the eviction process is to do due diligence on potential tenants to assess their ability to fulfill their obligations under a lease. Ensuring that a lease agreement is unambiguous and contains clear procedures for eviction (that are consistent with the law) is also critical.

To protect and enforce your rights as a landlord, please contact Fraser Trebilcock shareholder Jared Roberts.

Jared Roberts is a shareholder at Fraser Trebilcock who works in real estate litigation and transactions, among other areas of the law. Jared is Chair of the firm’s Real Estate department, and also “walks the walk” as a landlord and owner of residential rental properties and apartments in Downtown Lansing. He may be reached at jroberts@fraserlawfirm.com and (517) 482-0887.

Five Stories that Matter in Michigan This Week – November 11, 2022

Sixth Circuit Rules that Notice is Required to Terminate Contract for Successive Performances

Under Section 440.2309(2) of Michigan’s Uniform Commercial Code, a contract that “provides for successive performances but is indefinite in duration” may be terminated at any time (without cause). However, as a U.S. Court of Appeals for the Sixth Circuit decision points out, reasonable notice of such termination must be provided, unless the requirement of notice is waived via the contract.

Why it Matters: The court’s ruling in the case of Stackpole International Engineered Products v. Angstrom Automotive Group is a reminder for buyers and sellers, especially in the manufacturing industry, who enter into contracts that provide for successive performances to work with experienced legal counsel in the drafting, review and enforcement of commercial contracts in order to avoid contractual disputes and litigation.

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Michigan Election Results: Governor’s Race, State House and Senate

In the hotly contested governor’s race, Democrat Gretchen Whitmer defeated Republican challenger Tudor Dixon and will continue to serve as Michigan’s Governor for the next 4 years. And, both the State House and Senate flipped to Democratic control.

Why it Matters: This is the first time since 1984 that the Governor’s Office, State House and Senate are all controlled by Democrats. As officials look towards new leadership in certain areas, Fraser Trebilcock’s election law team will continue to monitor and report on any significant changes happening in Lansing.

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Municipalities Vote on Marijuana

While adult-use recreational marijuana passed the ballot in 2018, each individual municipality has the control to allow adult-use recreational marijuana businesses to operate in their community. This election cycle saw numerous municipalities vote on this issue.

Why it Matters: According to data provided by the CRA prior to the November election, less than 10% of all municipalities in the state had opted in for adult-use recreational marijuana businesses. Following election results showing that more municipalities are allowing for adult-use recreational businesses to operate in their town, the issues that have plagued current license owners arise again for officials to handle.

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Passed – Prop 1: Term Limits and Financial Requirements

Following the November 8, 2022 election results, Prop 1, which proposed changes to term limits for state legislators and required elected officials to disclose financial information, passed.

Why it Matters: As we covered in an earlier newsletter, this development will permit lawmakers to serve 12 years in Lansing, and all of that time can be spent in the House or Senate, or it could be divided between the two chambers. Additionally, elected officials would have to disclose their assets, income and liabilities, and their involvement in any businesses, nonprofits, labor organizations or educational institutions.

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Controversial Landlord-Tenant Rules Proposed by State Court Administrative Office

The State Court Administrative Office unveiled proposed changes to Michigan Court Rule 4.201, that if enacted, would alter the way eviction cases are handled for both landlords and tenants. Some of the proposed amendments are the ability for tenants to get an automatic stay if they have applied for rental aid, and a requirement that tenants be served in person if a landlord wants an immediate default judgement.

Why it Matters: If enacted, these rules would allow commercial and residential tenants more time to pay their landlords if they fall behind on payments. However, some are against the new proposed rules as they believe it would increase the difficulty for landlords to evict non-paying tenants, and make the process of finding new tenants more difficult.

Related Practice Groups and Professionals
Labor, Employment & Civil Rights | Aaron Davis
Election Law | Garett Koger
Cannabis Law | Sean Gallagher
Real Estate | Jared Roberts

Five Stories that Matter in Michigan This Week – October 28, 2022

Governor Whitmer Signs Bipartisan Election Bills

Governor Whitmer recently signed a package of election law bills which impact how clerks process ballots, including those coming from members of the military overseas. Michigan Public Act 195 permits clerks to pre-process absentee ballots two days prior to Election Day, changes requirements for ballot drop boxes to increase security, and requires clerks to more frequently review and update qualified voter files to remove dead voters. Public Act 196 allows military members serving overseas to submit ballots electronically.

Why it Matters: Polling shows that voters are highly energized and polarized leading up to the midterm elections. These laws are meant to address certain voting-related issues, such as ballot box integrity, that have led to controversy in the past. If you have questions about these bills, or election law issues in general, please contact a member of our election law team.

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Department of Labor Issues New Proposed Rule on Independent Contractors

The U.S. Department of Labor recently issued a Notice of Proposed Rulemaking that, if adopted, would change the standard for analyzing a worker’s classification as either an employee or independent contractor.

Why it Matters: Employee misclassification can result in severe financial consequences. Businesses and employers should remain diligent in analyzing their workers’ classifications. Learn more on the subject.

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Michigan Court of Claims Rules in Prevailing Wage Policy Case

Judge Douglas Shapiro of the Michigan Court of Claims recently ruled in favor of the state’s Department of Technology, Management, and Budget (DTMB), when it implemented its prevailing wage policy. The Associated Builders and Contractors of Michigan (ABC) in July 2022 filed a preliminary injunction claiming that due to the 2018 repeal of Michigan’s prevailing wage law, that the state cannot require the wage rate, which the Court denied and agreed that DTMB did not violate separation of powers when implementing its prevailing wage policy.

Why it Matters: October 31 is the deadline for ABC to appeal the decision. If this decision stays, this signals changes to the way organizations do business with the state of Michigan. Learn more on DTMB’s prevailing wage.

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New CRA Director Vows to Crack Down on Black Market Sales

This week, Brian Hanna, the Cannabis Regulatory Agency’s acting director, spoke to media and highlighted the agency’s focus on cracking down on cannabis that is continuing to illegally enter Michigan’s market.

Why it Matters: Though official numbers have not been confirmed, it is known that illicit cannabis is continuing to enter Michigan’s medical and adult-use cannabis markets, causing widespread effects on prices and profits for legal and law-abiding businesses.

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State Court Administrative Office Proposes New Landlord-Tenant Rules

The State Court Administrative Office unveiled new proposed rules that if enacted, would alter the way eviction cases are handled for both landlords and tenants. Rules such as a requirement that tenants be served in person if a landlord wants an immediate default judgement, and the ability for tenants to get an automatic stay if they have applied for rental aid.

Why it Matters: If enacted, these rules would allow commercial and residential tenants more time to pay their landlords if they fall behind on payments, however landlords are against the new proposed rules as they believe it will make the process of finding new tenants more difficult.

Related Practice Groups and Professionals

Election Law | Garett Koger
Labor, Employment & Civil Rights | David Houston
Cannabis Law | Sean Gallagher
Real Estate | Jared Roberts

Five Stories that Matter in Michigan This Week – July 22, 2022

COVID, Force Majeure, and Frustration of Purpose

Courts have rejected COVID-related force majeure and frustration of purpose arguments on the reasoning that the pandemic and its effects were foreseeable. Now in its third year, disruptions related to the pandemic are no longer unforeseeable and businesses should take note.

Why it Matters: COVID-related frustration of purpose and force majeure are not cure-alls, and courts will not take these arguments at face value. However, with the right facts, frustration of purpose or force majeure arguments can be successful. Businesses should take positive steps to ensure that their interests are protected if/when COVID comes knocking again.

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Proposed Short-Term Rental Legislation Remains Stuck in Michigan House

Local communities will be limited in their ability to regulate short-term housing rentals if a bill passed by the Michigan House of Representatives, House Bill 4722 (“HB 4722”), becomes law. However, the bill remains on hold in the Michigan House, as powerful interest groups—local governments and Michigan realtors, in particular—remain at odds over the bill.

Why it Matters: The bill restricts local communities from adopting or enforcing zoning ordinance provisions that have the effect of prohibiting short-term rentals. On the one hand, local governments argue that the bill would undermine local control over zoning. On the other hand, realtors argue that the bill would dampen the real estate market. A lot is at stake, as Michigan homeownersreportedly made more than $250 million from Airbnb rentals alone in 2021.

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Decreased Costs Trending for Medical Marijuana Licenses

Last month the Cannabis Regulatory Agency (CRA) announced that medical marijuana facilities that need to renew their license or obtain a new license will pay less in fees for the upcoming fiscal year. Fees for each class and type of business have been reduced, a trend that started last year when the CRA reduced fees for this current fiscal year.

Why it Matters: As the number of medical licensees in the state continue to grow, associated costs of getting a new license or renewing are decreasing. If you have any questions or seeking to acquire a medical marijuana license, contact our cannabis attorneys.

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New Law Allows Non-Profit Corporation to be a Member of Limited Liability Company

Senate Bill 926 was recently signed into law by Governor Whitmer, which changes the definition of a person in the limited liability company act, allowing nonprofit corporations to be members of limited liability companies (“LLC”).

Why it Matters: Michigan now joins other states that allow nonprofits to create LLCs that do not involve any financial gain or profit to perform certain functions while still maintaining their nonprofit status.

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Paid Sick Leave and Minimum Wage Laws Up in Air

Following the ruling by the Michigan Court of Claims recently, the “adopt and amend” strategy taken on by Michigan’s legislature in 2018 to find a compromise for two ballot initiatives which would have increased the minimum wage and enacted a paid sick leave law, was deemed unconstitutional.

Why it Matters: It is anticipated that the Michigan legislature will appeal the decision and request a stay. If the decision is not reversed, then changes will go into effect immediately. The state’s minimum wage will increase to $12 an hour, tipped employees will receive an increase, and nearly every size and type of business will receive 72 hours per year of paid sick time leave.

Related Practice Groups and Professionals

Litigation | Matthew Meyerhuber

Real Estate | Jared Roberts

Cannabis | Klint Kesto

Business & Tax | Ed Castellani

Labor, Employment & Civil Rights | Aaron Davis

Five Stories that Matter in Michigan This Week – July 8, 2022

Michigan Adopts Version of the Uniform Assignment of Rents Act

Michigan recently adopted its version of the Uniform Assignment of Rents Act (the “UARA”), which establishes a comprehensive statutory model for the creation, perfection, and enforcement of security interests in rent. It is the sixth state to adopt the UARA.

Why it Matters: An assignment of rents allows a lender to collect income from rents derived from mortgaged property after the mortgage has been defaulted on. It protects a lender against scenarios in which a borrower (typically a commercial landlord) is continuing to collect rent from a property but is no longer making mortgage payments. The Michigan UARA codifies rules related to assignments of rents, bringing clarity to both lenders and borrowers.

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Michigan’s November 2022 Ballot to Include Fair Lending Proposal Capping Payday Loan Interest Rates

Supporters of the Payday Loan Interest Rate Cap ballot initiative in Michigan secured sufficient signatures to put the initiative on the November 2022 ballot.

Why it Matters: Once the petition is validated by Michigan’s Board of State Canvassers, the Michigan legislature will have 40 days to approve the initiative, as submitted. If the legislature rejects the initiative or fails to act by the deadline, the proposal will be placed on the November 2022 ballot for voters to decide. If passed, payday loan rates will be capped at 36% APR or less.

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Michigan Property Taxes are Set to Jump

Gas, groceries, and now summer property tax bills are spiking in Michigan. The inflation rate adjustment for this year’s property taxes in Michigan is 3.3%.

Why it Matters: Under Proposal A, there is a maximum 5% inflation rate adjustment allowed. While this year’s increase is less than the cap, it is the highest it has been since 2007. And many expect next year’s increase to hit the 5% cap. In a Detroit Free Press article, Patrick Anderson, CEO of the Anderson Economic Group said: “Basically, we’re baked in at 5% next year.”

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Michigan Leads the Nation in Energy-Sector Job Growth

According to an annual report recently issued by the U.S. Department of Energy, Michigan added 35,463 energy-sector jobs from 2020—more than any other state in 2021, boosted primarily by the automotive industry and its increased focus on hybrid and electric vehicle models.

Why it Matters: With soaring inflation and increased expectations of an economic recession, Michigan’s strength in energy-sector jobs bodes well for Michigan workers and businesses. The energy sector in Michigan represents 9.5 percent of state employment, with 393,207 jobs total.

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Michigan Bill Would Cut Taxes for Small Distillers, Provide Boost to Local Farmers

The Michigan legislature recently approved legislation that would cut the state Liquor Control Commission markup on small distillery alcohol from 65% to 32.5% if more than 40% of the grains and other crops used to distill the liquor are grown in Michigan.

Why it Matters: If signed into law by Governor Whitmer, this tax cut would result in large savings for small Michigan distillers and help them compete with larger national producers. Because the tax savings are tied to the purchase of grains and other crops grown in Michigan, local farmers would also benefit.

Related Practice Groups and Professionals

Business & Tax| Ed Castellani

Real Estate | Jared Roberts

Election Law | Garett Koger

Energy, Utilities & Telecommunication | Michael Ashton

Five Stories that Matter in Michigan This Week – July 1, 2022

Five Stories that Matter in Michigan This Week – July 1, 2022; Legal, Legislative, and Regulatory Insights

Bills Easing Regulations on Michigan Child Care Providers Signed Into Law

Governor Whitmer recently signed into law Michigan House Bills 5041-5048, which increase the number of children family child care and group care homes can serve, and also lowers the minimum age for workers at such businesses.

Why it Matters: Many families struggle to find quality, affordable child care, which is partly to blame for the difficulty businesses in Michigan, and across the country, have had in finding workers over the last several years. In a statement, Governor Whitmer described child care as “the backbone of our economy.” The signing of this package of bills is also significant because it had support from Republicans and business groups, which may be a sign that more bipartisan legislation is on the way in the runup to the November elections.

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Michigan Senate Judiciary Committee Approves Texting While Driving Bills

The Michigan Senate Judiciary Committee recently approved a package of bills expanding the scope of Michigan’s texting while driving laws, which would make requirements more stringent and penalties for violations more costly. The bills explicitly address social media use and live streaming.

Why it Matters: Distracted driving is dangerous. In 2020, according to the National Highway Traffic Safety Association, 3,142 people were killed in motor vehicle crashes involving distracted drivers. Distracted driving is also costly for drivers, as those who violate distracted driving laws tend to see their insurance rates shoot up.

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Marijuana Prices Plummet 41% in Michigan

In a recent public meeting, Michigan Cannabis Regulatory Agency Director Andrew Brisbo stated that legal marijuana prices fell 41% over the past year in Michigan.

Why it Matters: With inflation surging across the economy, falling prices in the marijuana industry mean that profits may be hard to come by. One of the secondary effects of price deflation is the risk of what is called “potency inflation.” In general, marijuana that is more potent—higher THC levels—is more expensive. That can lead to “lab shopping,” which involves producers trying to find a testing lab that will deliver high THC results so that more can be charged to the consumer.

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Housing Market Cools Following Historic Run-Up

The National Association of Realtors recently reported that existing-home sales in May dropped 3.4% from April (four consecutive months of declining sales) and by 8.6% since May of last year. The latest S&P CoreLogic Case-Shiller Index also shows home price growth slowing, as well as a jump in the inventory of homes for sale.

Why it Matters: The residential real estate market is an important indicator of, and driver of, economic vitality across the broader economy. The early signs of a slowdown in the real estate market correlates to increases in mortgage rates due to inflation. Rates for a 30-year mortgage have rocketed higher, from around 3% earlier this year to over 6%, which has significantly reduced buying power for many people.

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Sixth Circuit Draws the “State Action” Line at a City Manager’s Personal Facebook Page

The Sixth Circuit issued an opinion earlier this week in a case involving a city manager who shared both personal and city-related content on his personal Facebook page. After the city manager deleted comments made by a disgruntled citizen on posts about city policies, the citizen sued alleging that his First Amendment rights were violated. The lower court dismissed the citizen’s lawsuit, and the Sixth Circuit affirmed, ruling that under the facts of this case the city manager’s actions did not constitute “state action.”

Why it Matters: In this 21st Century digital era, where there are virtually no barriers to communication, it’s said that we are all “publishers,” especially on social media. This case helps draw the line for municipalities and their employees as to what communications they engage in may constitute personal action vs. state action.

Related Practice Groups and Professionals

Insurance Defense | Emily Vanderlaan

Real Estate | Jared Roberts

Cannabis | Klint Kesto

Labor, Employment & Civil Rights | Aaron Davis