Five Stories that Matter in Michigan This Week – October 14, 2022

  1. Lawsuit Challenges New Election Challenger/Poll Watcher Guidance

The Michigan GOP and the Republican National Committee filed a lawsuit seeking to rescind new instructions for election challengers and poll watchers issued by the Michigan Bureau of Elections. Among issues raised in the lawsuit is a new requirement having challengers obtain a credential using a form from the Michigan Secretary of State’s Office.

Why it Matters: There were many lawsuits filed in the wake of the 2020 election, and it’s likely that there will be many more arising from this November’s hotly contested races. Fraser Trebilcock’s election law team provides proactive guidance for political campaigns and causes, and representation in connection with election-law disputes.

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  1. Student Loan Forgiveness Will Not Be Taxed

Earlier this month with legislative bipartisan support, it was announced that Michigan will not collect taxes as revenue on the federal student loan forgiveness or the state’s Public Service Loan Forgiveness program. Individuals who are eligible can receive up to $20,000 of their student loans forgiven.

Why it Matters: In August, Fraser Trebilcock reported on President Biden’s announcement on student loan forgiveness of up to $20,000. This latest news comes as a relief for those who are participating in the loan forgiveness program.

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  1. Changes Could Be Coming for Sales Tax on Automobiles

Pending a final vote, Michigan drivers will save some money when they purchase a vehicle. Previously, car buyers would be taxed the state’s 6% sales tax on the list price, but now under the proposed bills, it would now tax the amount the buyer purchased it for.

Why it Matters: The legislation could be another change for automobile owners in Michigan. If the bills pass, the sales tax would now have to consider the manufacturer incentives that may be present for certain cars.

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  1. State Fines and Suspends Detroit-based Medical Marijuana Business

The Cannabis Regulatory Agency has suspended for 30 days and fined $75,000 a Detroit-based medical marijuana business for improperly handling marijuana products by not having the required identification tracking numbers on the products.

Why it Matters: In the highly regulated medical and recreational marijuana industry, businesses can face high fines and lengthy suspensions for failing to abide by the rules set forth by the Cannabis Regulatory Agency. Marijuana businesses are required to follow video surveillance rules in Michigan.

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  1. October 14 Deadline: Medicare Part D Notice of Creditable (or Non-Creditable) Coverage

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 requires entities who offer prescription drug coverage to notify Medicare Part D eligible individuals whether their prescription coverage is creditable coverage. These notices of either creditable or non-creditable coverage are due for distribution prior to October 15 of each year.

Why it Matters: Failure to provide notice can result in a late enrollment penalty to those persons who go 63 days or longer without creditable coverage. Learn more here.

Related Practice Groups and Professionals

Election Law | Garett Koger
Business & Tax | Paul McCord
Cannabis Law | Sean Gallagher
Employee Benefits | Robert Burgee

Five Stories that Matter in Michigan This Week – September 2, 2022

  1. President Biden Announces Student Loan Forgiveness

On Wednesday, August 24, President Biden announced the federal government will extend the current pause on monthly student loan payments. President Biden also stated that the federal government plans to forgive up to $20,000 worth of student loan debt for those who qualify.

Why it Matters: President Biden is relying on the HEROES Act of 2003 [20USC 1098bb] to extend the pause on student payments as well as forgive certain amounts of student loans for qualifying individuals. There may be challenges to the President’s reliance on this statute to forgive student loan debt in the future. Learn more here from our attorney covering the news.

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  1. How Michigan Car Insurance Rates Stack Up Nationally

Following an influx of new car insurance companies into the state, Michigan has dropped from being the nation’s leader in cost of car insurance to fourth. The major effort in reducing costs is attributed to the 2019 auto insurance reform, which saw prices for automobile premiums drop considerably.

Why it Matters: Reduced costs for automobile owners is a positive sign for Michiganders. Elected officials are working towards providing consumers a choice for their automobile insurance, which in turn will reduce costs across the board.

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  1. Term Limits Will Be Prop 1 on November Ballot

It was recently announced that changes to Michigan’s term limits and financial disclosure requirements will be on November’s ballot as Prop 1. In 1992, Michigan voters voted in favor of a constitutional amendment for term limits. Since then, Michigan House members have been limited to three two-year terms and Michigan Senate members to two four-year terms— a maximum of 14 years between the two chambers.

Why it Matters: If Prop 1 passes, it would permit lawmakers to serve 12 years in Lansing, and all of that time could 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. Learn more here.

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  1. Voting Rights Proposal Fails to Make November Ballot

A voting rights proposal that would make changes to Michigan’s elections—including establishing early voting—failed to make this fall’s ballot. Michigan’s Board of State Canvassers deadlocked on whether to certify the Promote the Vote amendment for the ballot.

Why it Matters: The amendment would have increased absentee ballot access and preempted efforts to enact stricter voter ID rules for those casting ballots in person and for absentee voters. Promote the Vote indicated it would challenge the decision in court.

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  1. Michigan to Receive $50 Million from Federal Government for Historic 2020 Flooding

The Federal Highway Administration said Wednesday it will provide $50 million in emergency relief funds to Michigan to reimburse the state for repairs it made to roadways and bridges following severe flooding that took place in mid-Michigan in 2020.

Why it Matters: The money comes as part of a $513 million package the federal government is distributing across different states and territories. Only California and Puerto Rico will receive more than Michigan.


Related Practice Groups and Professionals

Insurance Defense | Emily Vanderlaan

Election Law | Garett Koger

Trusts & Estates | Elizabeth Siefker

President Biden Announces Student Loan Forgiveness

On Wednesday, August 24, President Biden announced that the federal government will extend the current pause on monthly student loan payments, which means that borrowers will not have to resume making payments until at least January. President Biden also stated that the federal government plans to forgive up to $20,000 worth of student loan debt, for those who qualify.

First, in order to qualify for loan forgiveness, student loan debt must be through the federal government, meaning that individuals who have private loans will not be eligible. Second, unmarried individuals must earn less than $125,000 per year to be eligible for up to $10,000 in student loan forgiveness. If you are married and file joint tax returns, or are a head of household, you will qualify for up to $10,000 in student loan forgiveness if your annual income is less than $250,000. Finally, if you meet these income requirements, and received a Pell Grant while in school, you could be eligible for $20,000 in forgiveness.

President Biden is relying on the HEROES Act of 2003 [20USC 1098bb], in order to extend the pause on student payments as well as forgive certain amounts of student loans for qualifying individuals. There may be challenges to the President’s reliance on this statute in order to forgive student loan debt in the future. For more information, please go to https://studentaid.gov/manage-loans/forgiveness-cancellation.


Elizabeth M. Siefker is an attorney at Fraser Trebilcock in the trusts and estates practice group focusing on estate planning, elder law, and business planning. You can reach her at esiefker@fraserlawfirm.com, or at 517.377.0801.