Fraser Blog | Fraser Trebilcock Blog

Citizens for Better Social Equality Ballot Initiative Struck Down by Detroit Election Commission

A ballot initiative aimed at replacing the City of Detroit’s current recreational marijuana ordinance was recently struck down by the Detroit Election Commission after a determination the initiative did not have enough signatures required to secure a ballot spot under the Michigan Regulation and Taxation of Marijuana Act.

The group behind the proposed initiative, Citizens for Better Equality, were fighting an uphill battle as the Detroit City Council vehemently opposed the initiative and the City’s Law Department had stated that the group does not have enough valid signatures.

This is the latest development in a turbulent time for the City’s marihuana licensing regime as it has yet to issue licenses to begin allowing retail sales of recreational cannabis. In June, following the City Council’s vote on the revised ordinance to allow adult-use recreational cannabis sales, multiple medical marijuana companies filed suit against the City over the licensing program, claiming that the new law would signal the end for existing medical marijuana facilities already in the area. The companies pointed to a provision in the revised ordinance that prevents existing medical facilities in the area from getting a recreational license until 2027.

Our attorneys are actively monitoring the situation and will provide updates. At Fraser Trebilcock, we have handled multiple lawsuits in the cannabis field and can assist you. Please contact Sean Gallagher or your Fraser Trebilcock attorney.

Sean P. Gallagher is an attorney at Fraser Trebilcock with experience in the highly regulated cannabis industry, working with local and state officials to advance client interests and to help mitigate risks involved and increase opportunities. You can reach him at 517.377.0820 or at sgallagher@fraserlawfirm.com.

Five Stories that Matter in Michigan This Week – August 19, 2022

Insurance Agents Who Make a Material Error on Policy Application Now May be Liable after Michigan Court of Appeals Ruling

On August 4, 2022, the Michigan Court of Appeals ruled in Holman v. Farm Bureau Gen. Ins. Co. of Michigan, No. 357473, that an insurance agent who makes a material error on a policy application may be liable.

Why it Matters: This case concerns the scope of an agent’s duty in preparing a policy application for a customer, and makes clear that an agent can be held liable for mistakes. While the court noted that a plaintiff’s duty to review the application could be taken into account when assessing fault, that does not bar a negligence claim against a defendant/agent.

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Will Electric Vehicle Incentives Under Inflation Reduction Act Actually Hurt Sales?

The Inflation Reduction Act, which President Biden signed into law on Tuesday, August 16, includes billions in incentives for electric vehicle adoption, including $7,500 tax credits for EV purchases. However, many automotive manufacturers are not happy with the rules the bill imposes for vehicles to qualify for the credits.

Why it Matters: Opponents of the new guidelines argue that pricing, sourcing and manufacturing rules, which require significant domestic sourcing of raw materials and manufacturing, are too aggressive and could result in most EVs not qualifying for the federal incentives—therefore stifling sales for many manufacturers.

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Court Ruling Prohibits Discrimination on the Basis of Sexual Orientation and Gender Identity Under Michigan Law

The Michigan Supreme Court recently ruled that discrimination on the basis of sexual orientation and gender identity is discrimination prohibited by the Michigan Elliott-Larsen Civil Rights Act (the “ELCRA”) in the case of Rouch World, LLC, v. Department of Civil Rights.

Why it Matters: Employers with 15 or more employees were already prohibited by federal law from discriminating on the basis of gender identity or sexual orientation under Title VII. However, small employers in Michigan are now also subject to the same rules.

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Citizens for Better Social Equality Ballot Initiative Struck Down By Detroit Election Commission

A ballot initiative aimed at replacing the City of Detroit’s current marijuana ordinance was struck down by the Detroit Election Commission after it was determined the initiative did not have enough signatures required to secure a ballot spot under the Michigan Regulation and Taxation of Marijuana Act.

Why it Matters: The group behind the proposed initiative, Citizens for Better Equality, were fighting an uphill battle as the Detroit City Council vehemently opposed the initiative and the city’s Law Department had stated that the group does not have enough valid signatures. This is the latest development in a turbulent time for the city as they have yet to establish and begin selling recreational cannabis. Fraser Trebilcock cannabis attorneys will continue to monitor the situation for updates.

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Michigan Job Growth Projected Through 2030

Earlier this week, the Michigan Department of Technology, Management & Budget projected that Michigan’s job growth through 2030 would be 8.8%, or an estimated 374,930 jobs.

Why it Matters: Officials looking at industries who are seeing the highest growth rates are ones that are the result of the recovery from the pandemic. While it is observed that leisure and hospitality industries will lead the pack in terms of growth, other industries such as farming, fishing, and forestry, are at projected to decline.

Related Practice Groups and Professionals

Insurance Law | Emily Vanderlaan

Energy, Utilities & Telecommunication | Michael Ashton

Labor & Employment | Aaron Davis

Cannabis Law | Sean Gallagher

Business & Tax | Ed Castellani

Five Stories that Matter in Michigan This Week – August 12, 2022

Court Ruling to Raise Minimum Wage, Paid Sick Leave Stayed Until February 2023

The recent Michigan Court of Claims ruling that the legislature’s “adopt and amend” strategy used in 2018 to limit the impact of ballot initiatives was unconstitutional has been stayed until February 2023.

Why it Matters: Had it not been stayed, the ruling would have required Michigan businesses to, within 21 days, significantly increase minimum wages and paid sick leave for employees. This would have posed a big challenge for many Michigan businesses, particularly in the hospitality industry.

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Michigan Plans Statewide Electric Vehicle Charging Network

Michigan submitted a plan to deploy $110 million over the next five years to install quick-charging stations for electric vehicles across the state. The plan was required to receive funds under last year’s federal Infrastructure Investment and Jobs Act.

Why it Matters: Given the significant credits expected to be available for the purchase of electric vehicles under the federal Inflation Reduction Act (pending passage), there are likely to be even more electric vehicles on the road, and a new charging infrastructure will likely help Michigan attract more of those drivers to its roads for tourism and other purposes.

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Inflation Reduction Act Includes New Minimum Corporate Tax

The U.S. Senate recently passed the Inflation Reduction Act of 2022 (the “IRA”). At present, the IRA is only a draft bill and has not been passed by the U.S. House of Representatives nor signed by the President (although its eventual passage and enactment is anticipated). One of the provisions in the proposed bill is a new 15% corporate alternative minimum tax that would be imposed on the adjusted financial statement income of certain large corporations for tax years beginning after December 31, 2022.

Why it Matters: The proposed corporate alternative minimum tax would apply only to certain very large corporations, like Amazon, that have, or are part of, certain related groups that have considerable financial statement income. The Congressional Research Service also indicates that the corporate alternative minimum tax would raise an additional $313 billion in corporate revenue over the 10-year budget window, about half of which would be collected from manufacturing businesses.

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Citizens for Better Social Equality Initiative Heads to Detroit Election Commission

A ballot initiative aimed at replacing the City of Detroit’s current marijuana ordinance is heading to the Detroit Election Commission to determine whether or not there are enough valid signatures to place the issue on the upcoming November 2022 ballot.

Why it Matters: The group is facing an uphill battle, as the Detroit City Council vehemently opposes the initiative and the city’s Law Department has stated that the group does not have enough valid signatures. This is the latest development in a turbulent time for the city as they have yet to establish and begin selling recreational cannabis. Fraser Trebilcock cannabis attorneys will continue to monitor the situation for updates.

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Michigan GDP Increases Slightly While Nation’s GDP Decreases

According to data from the U.S. Bureau of Economic Analysis, Michigan was one of a number of select states to have a positive increase to their overall GDP, compared to the nation’s GDP decrease of 1.6%.

Why it Matters: While federal officials have been in a deadlock over whether to declare that the country is in a recession, jobs available have declined by 1.5 million, and overall, the national unemployment rate has decreased to 3.5%. The upcoming November elections can be pivotal as voters will almost certainly be focused on electing candidates they perceive as best equipped to bolster economic growth.

Related Practice Groups and Professionals

Business & Tax | Paul McCord

Labor & Employment | Aaron Davis

Energy, Utilities & Telecommunication | Michael Ashton

Cannabis Law | Sean Gallagher

The Proposed New Corporate Minimum Tax

Recently the Senate reached an agreement on the Inflation Reduction Act of 2022 (the “IRA”). At present, the IRA is only a draft bill and has not been passed by Congress nor signed by the President (although its eventual passage and enactment is anticipated). One of the provisions in the proposed bill includes a new 15% corporate alternative minimum tax (Corporate AMT) that would be imposed on the “adjusted financial statement income” (AFSI) of certain large corporations (very generally, and described in greater detail below, corporations reporting at least $1 billion average adjusted pre-tax net income on their consolidated financial statements), for tax years beginning after December 31, 2022.

Many of our clients will be unaffected by this proposal. The proposed Corporate AMT would apply only to certain very large corporations, like Amazon, that have, or are part of, certain related groups that have considerable financial statement income. In a report released August 1, 2022, the Congressional Research Service (CRS), suggests that “[r]elatively few corporations would be affected by the tax.” According to the CRS, citing an analysis by the Joint Committee of Taxation, only about 150 taxpayers would be subject to the Corporate AMT each year. The CRS also indicates that the Corporate AMT would raise an additional $313 billion in corporate revenue over the 10-year budget window, about half of which would be collected from manufacturing businesses.

If you have any questions regarding this proposed bill, we will continue to monitor the situation. This alert serves as a general summary, and does not constitute legal guidance. Please contact us with any specific questions.

Fraser Trebilcock attorney Paul V. McCord has more than 20 years of tax litigation experience, including serving as a clerk on the U.S. Tax Court and as a judge of the Michigan Tax Tribunal. Paul has represented clients before the IRS, Michigan Department of Treasury, other state revenue departments and local units of government. He can be contacted at 517.377.0861 or pmccord@fraserlawfirm.com.

Five Stories that Matter in Michigan This Week – August 5, 2022

August 2 Michigan Primary Election Results

The outcome of the August 2 Republican primary for Governor saw candidate Tudor Dixon prevail. In the November general election, she will face incumbent Governor Gretchen Whitmer who ran unopposed. In the newly drawn 3^rd congressional district, Republican John Gibbs defeated incumbent Peter Meijer.

Why it Matters: As November and the general election gets closer, stay tuned for more insights as Fraser Trebilcock’s election law team will be closely monitoring the action.

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MEDC to Make $237 Million Available to Help Michigan Small Businesses

The Michigan Economic Development Corporation announced that Michigan has been approved for up to $237 million in State Small Business Credit Initiative (SSBCI) funding from the U.S. Department of Treasury.

Why it Matters: Small businesses impacted by the COVID-19 pandemic can apply for funds through private lenders and the MEDC would back the loans through the SSBCI program. Learn more on the topic here.

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Ballot Initiative Aims to Increase Minimum Wage Targets 2024 Ballot

The Raise the Wage MI ballot initiative proposal aims to raise Michigan’s hourly minimum wage to $15 over the course of five years. The organizers behind the ballot initiative are reported to have secured more than 610,000 signatures and delivered them to Michigan officials last week.

Why it Matters: The issuance of a stay until February 19, 2023 follows the ruling by the Michigan Court of Claims stating that the state legislature’s adoption and alteration of a 2018 ballot initiative that would have raised minimum wage to $12 by 2022 was unconstitutional. This ruling has been appealed, but even if it gets overturned, Michigan may still see an increase to minimum wage if the Raise the Wage MI initiative is passed.

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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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Michigan Senate Judiciary Committee Approves Texting While Driving Bills

The Michigan Senate Judiciary Committee 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.

Related Practice Groups and Professionals

Election Law | Garett Koger

Business & Tax | Robert D. Burgee

Business & Tax | Ed Castellani

Insurance Defense | Emily Vanderlaan

Five Stories that Matter in Michigan This Week – July 29, 2022

New Laws Phase Out COVID-19 Employer Liability Protections for Employers

Governor Whitmer recently signed three bills into law that initially roll back COVID-19 protections for both employers and employees and then repeal the laws outright on July 1, 2023. For example, one of the laws being repealed granted employers immunity from liability lawsuits if an employee was exposed to COVID-19 at work, provided the employer followed state and federal regulations.

Why it Matters: While these bills signal a continuing shift away from laws and regulations enacted during the onset of the pandemic, employers must keep in mind that they still have obligations to maintain safe working conditions pursuant to OSHA, MIOSHA and other federal, state and local laws and regulations.

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Michigan Minimum Wage Increase May be on the Ballot in 2024

Organizers behind the Raise the Wage MI ballot initiative reportedly secured more than 610,000 signatures and delivered them to Michigan officials in an effort to qualify the proposal for the 2024 ballot. The proposal would raise Michigan’s hourly minimum wage to $15 over the course of five years.

Why it Matters: Last week the Michigan Court of Claims ruled that the state legislature’s adoption and alteration of a 2018 ballot measure that would have raised the minimum wage to $12 by 2022 was unconstitutional. That ruling has been appealed, but even if it gets overturned, Michigan may still see a minimum wage increase if the Raise the Wage MI initiative is passed.

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New Proposed Rule on Independent Contractor Classification Sent to White House

Earlier this month, a new proposed rule from the U.S. Department of Labor regarding the classification of workers as independent contractors was sent to the White House for review. The rule is expected to make it harder for employers to classify workers as independent contractors.

Why it Matters: Under the Fair Labor Standards Act, “employees” are entitled to minimum wage, overtime pay and other benefits. Independent contractors are not entitled to such benefits, nor must employers withhold taxes or pay the employer portion of social security taxes for independent contractors. Penalties for misclassifying workers as independent contractors can result in fines for employers.

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New Michigan Budget Passed for Upcoming Fiscal Year

Governor Whitmer recently signed a $73 billion budget for the upcoming fiscal year beginning October 1, 2022. The budget was passed in the legislature with bipartisan support.

Why it Matters: The budget funds a range of investments meant to support the Michigan economy, including: (i) $55 million to help employers train and upskill their new and existing workforce, (ii) $25 million for the Pure Michigan tourism campaign, (iii) an increase in per-pupil funding to $9,150 per student, and (iv) $55 million for Michigan Reconnect, a program that provides tuition-free paths to higher education or skills training.

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New Law Intended to Crack Down on Organized Retail Crime in Michigan

Public Act 174 of 2022 defines the theft of a product with intent to resell in exchange for profit as a racketeering offense in Michigan.

Why it Matters: This bipartisan legislation is intended to combat the increase in retail crime that has affected many retailers in many large cities across the country.

Related Practice Groups and Professionals

Business & Tax | Ed Castellani

Labor & Employment | Aaron Davis

MEDC to Make $237 Million Available to Help Michigan Small Businesses

The Michigan Economic Development Corporation (MEDC), joined by Governor Whitmer, announced that the U.S. Department of Treasury has approved up to $237 million in State Small Business Credit Initiative (SSBCI) funding for businesses in the State of Michigan. The SSBCI is designed to promote entrepreneurship and increase access to capital that would otherwise not be available in the market through conventional terms.

Michigan is one of only five states that will receive funding in the SSBCI’s first round, which is expected within the next two months. Michigan’s share of the first round will be roughly $72 million. Those interested are encouraged to visit MEDC’s website here for more information. The funding is expected to catalyze up to $10 of private investment for every $1 of SSBCI capital funding.

In January, the Michigan Strategic Fund Board adopted the Michigan Business Growth Fund 2.0 to provide programs and guidelines for the access to that funding for small businesses through loans and equity investments. These programs include new requirements to enhance support and ensure equity in access to capital for small businesses owned by socially and economically disadvantaged individuals (SEDI), and businesses who have less than 10 employees.

Fraser Trebilcock attorneys specialize in assisting small to medium sized businesses throughout every stage of the business life cycle. If you have any questions, please contact your Fraser Trebilcock attorney.

Robert D. Burgee is an attorney at Fraser Trebilcock with over a decade of experience counseling clients in business transactions, civil matters, regulatory compliance, and employee matters. Robert also has a background in employee benefits, having been a licensed agent since 2014. You can reach him at 517.377.0848 or at bburgee@fraserlawfirm.com.

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

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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

Default: The Risk of Failing to Respond to a Lawsuit Brought Against You

The risk of failing to respond to a lawsuit against you is severe. Understanding what a default is, and the implications associated with a default judgment is important when having a lawsuit brought against you.

What is a default?

A default can occur when a party that has been sued fails to respond to the complaint or otherwise defend against the lawsuit in a timely manner. If you are found to be in default, the other side can then request a default judgment from the court. If the court enters this default judgment, you are automatically liable for the full amount requested in the suit, plus fees and costs.

What are the ramifications of a default judgment being entered?

The opposing party can begin collecting the judgment by garnishing your wages, bank accounts, and state tax returns. The opposing party can even seize your property to fulfill the judgment amount. Additional costs/fees/interest may also begin to accrue.

What can I do if a default judgment has been entered against me?

When a default judgment is entered, the case is technically closed, so it is important to act quickly. A Motion to Set Aside the Judgment should be filed immediately, explaining why you failed to respond or defend against the suit.

The attorneys at Fraser Trebilcock have the experience and knowledge to help you set aside a default judgment that has been entered against you. Contact Amy or your Fraser Trebilcock attorney.

Fraser Trebilcock attorney Amanda S. Marinkovski specializes her practice in business and tax law, bankruptcy, family law, estate planning, litigation, and real estate law. You can reach her at (517) 377-0897, or at amarinkovski@fraserlawfirm.com.

Five Stories that Matter in Michigan This Week – July 15, 2022

Supreme Court Ruling Shouldn’t Affect Michigan’s Healthy Climate Plan

The Supreme Court’s recent ruling limiting the EPA’s ability to regulate carbon emissions from power plants should not affect Michigan’s course of following through with the MI Healthy Climate Plan, which was first released in April 2021. The MI Healthy Climate plan seeks interim reductions of 28% by 2025 and 52% by 2030.

Why it Matters: Businesses should continue to plan for the implementation of the MI Healthy Climate plan and other regulations as the state continues to shift towards the goal of net-zero greenhouse gas emissions no later than 2050. If you have environmental issues with state and/or federal agencies, contact our environmental attorneys.

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Several Groups Send Letter to LARA Seeking Adoption of International Energy Standards

Several groups have sent the department of Licensing and Regulatory Affairs seeking them to adopt a set of international energy standards for residential and commercial buildings in preparation of electric vehicle charging and to help reduce climate impact.

Why it Matters: Including reducing climate impact, the groups have touted hundreds of dollars in energy cost savings for Michigan residents with the adoption of the new standards. “These provisions will lower costs for Michigan residents and businesses, increase household resilience from extreme weather events, and help reduce climate impacts from the building sector,” the groups wrote.

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Tax Reform Goals Priority for New “Fund MI Future” Coalition

A collection of 20 organizations have formed a newly created coalition with the aim of better funding Michigan’s public services with changes to the state’s tax policy. Following the release of Michigan’s next annual budget, the group plans to revise the state’s tax system and close tax loopholes so that wealthy individuals and organizations will now “pay what they owe” to support clean water access, job funding, and school support.

Why it Matters: If the new coalition’s plans for altering the state’s tax policy succeeds, organizations and wealthy individuals are expected to have higher tax bills.

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Mixed Signals in Michigan Marijuana Sales Data

One the one hand, the Michigan legal marijuana industry is booming. Sales in Michigan hit $1.03 billion in the first half of 2022, up by 26.9% from the same period last year, according to the Michigan Marijuana Regulatory Agency (“MMRA”). A Detroit News article reported that Michigan has become the third largest marijuana market in the country. On the other hand, not all news is rosy in the industry. There are now more than 1,000 licensed marijuana retailers in Michigan, and while sales numbers are at all-time highs, the competition in the state is driving down prices. MMRA reported that the average price for flower at $1959 per pound in June, down 41.6% from the same period in 2021.

Why it Matters: With inflation surging across the economy, falling prices in the marijuana industry mean that profits may be hard to come by. This may lead to more consolidation within the industry as operators and investors seek to achieve economies of scale.

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Bipartisan Bills Would Allow Alcohol Sales at Some College Sporting Events in Michigan

New bipartisan bills in the Michigan Legislature would allow alcohol sales at college basketball, football and hockey games. House Bill 6289 and Senate Bill 1125 would allow the Michigan Liquor Control Commission to issue licenses to be used for events within the public areas of university football, basketball and hockey stadiums. Sales would be permitted two hours before and after each game.

Why it Matters: Sponsors of the bills point to data showing that allowing alcoholic beverages in venues during sporting events lowers the probability of excessive alcohol consumption that might otherwise happen during tailgating before a game or if alcohol is snuck into a stadium.

Related Practice Groups and Professionals

Environmental Law | Michael Perry

Business & Tax| Ed Castellani

Taxation | Paul McCord

Cannabis | Klint Kesto

Energy, Utilities & Telecommunication | Michael Ashton