Policy Conference Attendees Challenged To Face State’s Population Decline
According to reporting in MIRS, after producing a report forecasting there will be 45,000 more deaths than births in Michigan from 2045 to 2050, Ani Turner of the Ann Arbor-based Altarum Institute says policymakers and stakeholders can "start to shift the path with some focused action."

The 2023 Mackinac Policy Conference, hosted by the Detroit Regional Chamber, took place less than a month after the Citizens Research Council (CRC) of Michigan and the Ann Arbor-based Altarum Institute started publishing a research study on how, for the last 50 years, Michigan has lost seats in the U.S. House of Representatives every decade. The study also found that the number of Americans relocating to Michigan could drop by 83,000 from 2024 through 2050. 

"It’s been a long, slow process. It’s not something that happened overnight. It happened over a period of decades, and I think one of the most alarming things is the way (that) it’s not just the population that isn’t growing," Turner remarked, during the conference’s kickoff. "We’re aging. We’re not replacing the young people and the population is getting older and older." 

Turner said in another decade or so, projections suggest there are going to be 2.5 working-age people per every retirement-age individual. She said the population of those 65 years-old and over is growing by about 30% while the presence of children and young adults in the state is anticipated to decline throughout the next 30 years. 

"Those trends are alarming for our workforce, for caregivers and just the future…" she said. "I think the audience for this paper was always intended to be policymakers, but also the business community and the philanthropic community and nonprofits."

However, when it comes to identifying what policy area Michigan is lacking the most in, CRC President Eric Lupher said it’s "a tough thing to put your arm around." Lupher described a lack in proficiency in Michigan’s K-12 education system as being an Achilles’ heel, as well as the price-tag of higher education and the obstacle of maintaining a healthy workforce. 

He moreover suggested a need for Gov. Gretchen WHITMER and legislators to simultaneously invest in both the well-paying STEM careers of the future and the job opportunities that high school graduates and individuals with associate degrees can dive immediately into, such as manufacturing opportunities. 

Asked what the biggest reason for the population stagnation might be, Lupher said:

"It’s hard to put any title of ‘biggest’ on any of this…I found that the further we dug into this, the more you found the interconnectedness of these issues. It’s not like one is out there and everything trickles down from that. There are a bunch of issues and they’re all related, and there’s no silver bullet." 

Another attendee at this year’s Mackinac Policy Conference was Tyler Theile, the vice president and public policy director of the Anderson Economic Group (AEG), a boutique economic consultancy in East Lansing. 

Theile said although the AEG isn’t necessarily advocating for a specific set of policies, Michigan does need to be focused on improving K-12 education, housing availability and affordability and road infrastructure funding. 

Specifically, she argues that road infrastructure funding should be considered a "crisis right now." 

"We’re clearly billions of dollars behind. And we are transitioning to electric vehicles that do not consume fuel or diesel, and so their owners are not paying sales and excise taxes," Theile said. "For the first three years of real transition in Michigan, we created an additional $50 million deficit from electric vehicle transition, and we’re going to be upwards of $90 million in annual deficit under the current policies." 

She also said it’s time to get on board with "Megasite development" and to stop politicizing the incentive-based attraction of big new employers to Michigan. 

"The dynamic is what it is – to compete, we’re gonna have to offer businesses that we want to come to Michigan, especially the super large employers, something to incentivize them," she said. "If that ends up being tax incentives, we need to remember that they’re not just going to be completely ‘tax free.’" 

Income taxes being paid for by employees and the sales tax paid for "on every single penny" a corporation spends in Michigan will contribute to revenues, Theile explained. 

Whitmer is also expected to discuss Michigan’s population during her keynote address to the conference on Thursday. 

Michigan is 190,000 Housing Units Short
The first panel at the Detroit Regional Chamber Mackinac Policy Conference was a plea to businesses from the Michigan State Housing Development Authority (MSHDA) regarding the need for housing in the state.

MSHDA Director Amy Hovey told a packed room at the Grand Hotel on Mackinac Island that the state is 190,000 housing units short, the housing size has shrunk from four people to two, there has been an uptick in the purchase of second homes, short-term rental purchases and more than 50% of the state housing stock is 50 years or older. 

“Typically, affordable housing issues get a negative connotation that it is for people who don’t work or people not working enough. No, this is hitting everyone in our community,” Hovey said.

She said the cost of buying a home has gone up about 84% over the past decade, but over the same period, the cost of income has only risen 25%.

When it comes to building a house, she said the average cost is $375,000 and only one out of four Michiganders can afford it.

Jared Fleisher, Rocket Companies vice president of government affairs and economic development, said the answer was subsides.

“Grab somebody here at the MPC, a legislator, state senator, a governor, and say, ‘priority number one for this budget, you got to get your budget invested in housing,” Fleisher said.

He said the state needs to put a minimum of $50 million in non-earmarked funding “for a few years” into community development and just into housing production.

He said the “Missing Middle” program needed to have another $50 million added to the $50 million approved. MSHDA recently expanded the parameters of the program to include all developers, not just non-profits. 

Donald Rencher, the housing, planning, and development group executive for Detroit, said those subsidies needed to be directed toward the creation and rehabilitation of single-family homes.

“A lot of our federal programs are geared toward multifamily housing tax credit project processes, and it has been difficult to do a lot of single-family homes,” Rencher said.

He said one of the first things businesses ask him about Detroit is what was being done about housing.

He said Detroit has been working to not just develop new single-family homes, but fix the existing ones.

“If the Mayor was here, he would tell you about the Detroit Land Bank and the success that they have been able to sell homes on the market to private individuals and they’re fixing them up,” Rencher said.

Renovare Development Managing Partner Shannon Morgan said there have been difficulties in the development of rural areas, because many of them don’t have a long-term management plan or infrastructure.

“A lot of them you have to build out the basic utilities and roads to get the housing development, which we all know increases the cost,” Morgan said.

She said most of those rural communities need help to manage the development process.

Cherry Republic President Bob Sutherland said he had been warning about a housing shortage in northwest Michigan for the past 20 years.

He told a story about a development that was built near Traverse City and of the 56 lots that were developed, only seven of those went to actual families.

“All the rest went to second-home owners, AirBnBs, and retirees,” Sutherland said.

He said there have been incentives that businesses have been offering to help get people into housing, such as offering a free one-year payment to hospital workers and nurses to get them to move to the area.

He said Cherry Republic has been working with the counties in northwest Michigan as well to help incentivize people to move into houses.

“I’ve been dealing with this housing issue for over 25 years and I don’t think we’ve ever been in a better position to make things happen,” Sutherland said.

Short Term Road Funds Good, Long Term Better
The question of how much funding local roads will receive under the first budget designed by the Democratic trifecta has been a topic of interest for road agencies as the House, Senate and governor work toward final budget negotiations.

Road agencies are praising short-term proposals for road funding but are urging legislators not to let the larger road funding need slip away.

"There’s no question that we need more investment in local roads, and so we are happy that there’s the conversation that’s taking place," said John LaMacchia, director of state and federal affairs for the Michigan Municipal League. "At the same time, we don’t want to lose sight of the overall conversation that needs to take place, which is finding a long-term, stable funding solution that going to provide investment in local roads, not just on a one-time basis, that’s going to allow them to maintain their infrastructure in a way that makes them competitive."

Whitmer proposed $200 million for the Michigan Bridge Bundling Initiative in her budget recommendation earlier this year. She also provided $124.5 million for the debt service related to the Rebuilding Michigan bond program, which funds many of the Department of Transportation’s road projects until 2024. That is only for state roads, though, and locally owned roads would see their usual funding allocation from the state’s transportation funds.

The Senate plan offers more money for local roads and provides one-time funding for several projects. It includes $150 million from the General Fund for the state’s bridge building initiative and local road funding and $100 million in investment grants.

The House plan includes $400 million for local roads that would be allocated based on population, rather than the formula provided by Act 51.

"It’s a little bit of wait-and-see as to where that shakes out at the end of the day," LaMacchia said. "Our focus is two-fold. One, obviously getting as much revenue as we can into local roads, but still not losing sight overall of the focus on finding a long-term, sustainable solution."

There are a lot of priorities to tackle in the transportation budget, but local road funding is important, said Rep. Ranjeev Puri (D-Canton), who chairs the House Appropriations Transportation Subcommittee .

"There’s a lot of moving pieces," he said. "The House included the largest portion dedicated to local road funding, compared to our counterparts, and so we’re hoping that the number is going to be closer to the House side, but it’s a little early in the negotiations … it’s hard to forecast right now where that’s going to land."

Ed Noyola, chief deputy and legislative director for the County Road Association of Michigan, said that counties are appreciative of whatever funding the Legislature and the governor are willing to provide.

"Whether it’s bridge bundling, or whether it’s $150 (million) for the large, populated counties … or the $400 million for all 83 counties and municipalities – those are all reasonable plans," he said.

Noyola said the efficacy of the House’s plan to use a different formula to distribute road funding was an open question.

"I believe the Michigan Transportation Fund has a good formula, which looks at all the different characteristics or elements within the state, which looks at registration fees, looks at miles of road and looks at population," he said. "So, based on those three elements that are used to distribute the Act 51 monies, we always thought that was pretty fair."

Emergency funding for road repair is a big concern for several counties, Noyola said.

"Setting aside an amount of money in order to deal with disasters and emergencies as they arise from year-to-year instead of road agencies having to come to Lansing, hat in hand, and asking for support in order to maintain their systems, and continue their improvement program for the following summer," he said. "Once you have a disaster, you sort of bundle all your money together and try to deal with the disaster, and hopefully, there will be assistance forthcoming, but in the meantime, they’re sucking up all of their revenue, all of their resources, to deal with the disaster."

Another challenge the Legislature needs to consider is that sometimes evolving environmental requirements change what needs to be done to repair roads and bridges, and that means those repairs cost more.

Long-term, sustainable funding is also a concern for the County Road Association, Noyola said.

"These one-time, shots in the arm are great, but again, it’s one time," he said. "Then, what do we do the following year? And how do we budget for that?"

That becomes more difficult when the money must be spent within the fiscal year.

"Everybody’s scrambling trying to figure out, ‘how can we spend this?’" he said. "If it has to be spent within that fiscal year, it becomes a little bit more of a challenge for local agencies."

Most road agencies don’t have the necessary cash-on-hand to invest in engineering road projects.

"Our time is better used putting that money in the roads, and not necessarily the engineering," he said. "If the language is for project-ready projects, or you have to do an improvement, you can’t use it for maintenance. Then it becomes challenging. If they said it could be used for anything, it makes it a little bit easier for us because we could do … something that will preserve and extend the life of the pavement, as opposed to replacing or milling and filling."

Developing a long-term solution is important, as some estimates put the state at a $3 billion to $4 billion yearly shortfall, Puri said.

"That number is only going up the longer we continue to kick the can down the road. … Regardless of how much money comes out, it’s not going to be enough to fix the kinds of systemic underfunding issue we’ve had," he said. "I think the more important piece of this conversation is understanding that the House is showing that local road funding is a priority, and really the need to reevaluate how we tackle this conversation going forward from a broader sense."

Conversations are ongoing between leadership and the subcommittee chairs on budget priorities, Puri said.

A message left with Sen. Veronica Klinefelt (D-Eastpointe), chair of the Senate Appropriations Transportation Subcommittee , was not immediately returned.

The priorities represented in the Transportation budget proposals align with the priorities of the County Road Association, Noyola said. The question that remains is what will rise to the top and how quickly the money must be spent.

"The question is the amount, and the availability to spend that money," he said.

The solution for sustainable road funding won’t be one thing, LaMacchia said. It will need to successfully integrate electric vehicles, consider the current gas tax and accommodate everyone who uses transportation in Michigan.

"We need to shift our mindset a little bit. It’s not just about fixing the roads. It’s why we fix the roads," he said. "We need to do it to make sure that we’re putting Michigan in a place to be economically competitive, and that requires good infrastructure, which then ultimately requires investment."

The goes beyond investing in roads, LaMacchia said.

"We need to make sure we’re thinking about the solution holistically, beyond infrastructure, making sure we have sustainable and resilient systems in place that allow us to thrive at all levels," he said. "Whether that be infrastructure, or housing, or the way in which we try to attract and retain residents, all of that must be invested in if we want to be successful."

This budget may not be able to achieve all of that, but Puri said it could be an important first step.

"With the proliferation of electric vehicles and what that’s going to do to gas tax revenue and what the future sustainable model for local road funding is going to be … I don’t think it’s enough to tackle the issue that we have," he said. "But I think this could be a very strong first step in hopefully tackling that larger conversation."

DCD’s "Mini-Mackinac" Policy Conference

DCD was happy to host several state representatives, clients, local elected officials and C-suite executives and business owners at their first annual Cigar Night of the season on May 25th.  These intimate and exclusive gatherings offer DCD’s clients the ability to interact with their state and local leaders and network with other executives across myriad industries. 

If you’d be interested in attending a future cigar event please feel free to contact us.

DCD was also happy to host State Representative Brenda Carter recently at the Common Ground Crisis and Resource Center with CEO Heather Rae and Janet Sarkos, Chief Crises Operations Officer.  Rep. Carter was happy to share some of her own stories from Pontiac constituents and was very appreciative of the work Common Ground does for those in crises in her own constituency.

ARTICLES OF POLITICAL INTEREST:

Michigan College Enrollment Decline Among Worst In The Nation

Michigan Democrats Seek To Boost Voter Turnout, Allow Registration At Age 16

Michigan Is King Of Potato Chips, But A Disease Is Killing State Spuds

UAW, AFL-CIO Leaders Tell APEC Workers Need To Be At Center Of Trade Policy

Supreme Court Justices Should Get Two 7% Pay Hikes, Panel Recommends

Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE!

DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future!

ARTICLES OF CANNABIS INTEREST:

Cannabis Pathogen That Reduces Yields Spreading Globally Among Plants

Cannabis Distributors Compile List Of Brands Who Don’t Pay

Michigan Considers Dropping Pre-Employment Cannabis Tests

Minnesota Becomes 23rd State To Legalize Recreational Marijuana

Hazel Parks B.D.T. Smoke Shop Is Opening Its First Cannabis Dispensary

DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best. We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

House Votes To Send Distracted Driving Bills To Governor’s Desk
Legislation that will prohibit drivers from being on their phone while driving is ready to head to the governor’s desk.

The House voted to concur with the Senate amendments to HB 4250 , HB 4251 and HB 4252 . The changes mean the law will be enacted June 30, rather than at the end of May, as the House originally intended. The Senate voted on the legislation Wednesday.

HB 4250, sponsored by Rep. Matt Koleszar (D-Plymouth), which creates penalties for operating a vehicle while sending or receiving a message on an electronic device, passed 71-36. HB 4251, sponsored by Rep. Tyrone Carter (D-Detroit), provides sentencing guidelines and passed 69-38. HB 4252, sponsored by Rep. Mike Mueller (R-Linden), requires a record or report of violations of the new law to be sent to the secretary of state and passed 70-37.

Each of the bills passed the House concurrence vote with more support than they did originally.

"The House took an immense step toward making our roads and highways safer for all Michiganders, and I am elated that this bill passed with bipartisan support from my colleagues," Mr. Koleszar said in a statement issued following the bill’s passage. "The passed legislation was necessary, as distracted driving accounts for about 25 percent of all fatal crashes in Michigan. That isn’t just a statistic, but it represents real lives lost. Something needs to be done to protect Michiganders while they are driving on the roads, and this bill does just that."

Governor Gretchen Whitmer signaled she will sign the legislation.

"Distracted driving kills. The bills passed today will update our laws to reduce crashes and save lives," Ms. Whitmer said. "I first called for this commonsense legislation in my first State of the State address in 2019. The bills would only allow hands-free calls and texting and increase penalties for drivers who text or post on social media while behind the wheel."

In 2021, there were 16,543 crashes in Michigan that involved a distracted driver, according to the most recent state data. Those crashes led to thousands of injuries, and 59 resulted in a fatality. In Michigan, fatal distracted driving-related crashes where the driver was using a cell phone increased 88 percent between 2016 and 2020. Messaging or using social media while driving has become especially problematic among younger drivers, as they accounted for 18.1 percent of distracted driving crashes, but account for only 6.7 percent of drivers.

"As we enter another record-breaking construction season, we need everyone to keep their eyes on the road so they can protect themselves, other drivers, and the hardworking men and women fixing our damn roads," Ms. Whitmer said. "Let’s get this done so we can make our streets safer for every Michigander and ensure law enforcement have the tools they need to protect motorists."

New Payday Lending Study Taken Up By Panel
A seven-year study on payday lending practices could be required of the Department of Insurance and Financial Services (DIFS) under a proposed bill sponsored by Jennifer Conlin (D-Ann Arbor) and taken up in committee last week.

The DIFS director would be required to submit the report by March 31 for each of the next seven years, including the number of licenses, customers, transactions and persons engaged in the business of providing payday loans for the previous year, statewide statistics about transaction amounts, the loan drawers’ usage of repayment plans and statistics reported by county or zip code concerning provider locations.

Michigan was the last state to legalize payday lending with the passage of Public Act 224 in 2005, which required a one-time reporting requirement in 2007 with no comprehensive information reported since, said Jessica AcMoody, policy director at Community Economic Development Association of Michigan, at the House Insurance and Financial Services Committee.

Accurate information is missing due to the one-time reporting requirement that would be necessary to know the “true scope of harm perpetuated against Michigan’s communities,” AcMoody said. 

The information required to be reported by HB 4343 is already being collected in a statewide database, but AcMoody said it’s not being aggregated and put into a report on DIFS’ website.

Anecdotal evidence is missing accurate data to “track the exact extent to which this industry is harming its own customers,” AcMoody said.

Rep. Brenda Carter (D-Pontiac), chair of the committee, said her district is one of those that is “riddled with payday lenders” and the impact of not being able to pay back loans with triple-digit interest rates has been devastating, particularly near communities of color.

The problem disproportionately impacts communities of color, especially where people might have a bank account but rely on alternative financial services such as payday lenders, said Rep. Stephanie Young (D-Detroit).

“They’ll always tell you, for the people, ‘it’s their choice’, but do they actually understand that 300% interest rate?” Young said.

Rep. Mike McFall (D-Hazel Park) said payday lenders tend to open up near military bases, but AcMoody said the federal Military Lending Act prohibits lending over 36% APR to active-duty military members. 

“That just blows my mind. That’s crazy,” McFall said.

Conlin said she had been in touch with the attorney general’s office to see that the information reported as a requirement of the bill would enhance her efforts by providing a better indication of how many people are affected by the industry.

The reporting requirements add no cost to DIFS, said Ross Yednock from the department that supports the bill. 

Supporters of the bill not wishing to speak included Todd Tennis, representing the Center for Civil Justice; Ruth Johnson, representing Community Development Advocates of Detroit; Robert Grieser, representing the Regulated Lenders Association of Michigan; Rebecca O’Connell, representing Lake Trust Credit Union; Rachel Richards, representing the Michigan League for Public Policy; Lorray Brown, representing the Michigan Poverty Law Program; Haleigh Krombeen, representing the Michigan Credit Union League and Alex Morris, representing the Michigan Bankers Association. 

Deer Hunting Opening Day, Big Buck Brouhaha Stirs Up
Deer hunters on a restricted license would not be allowed to shoot a buck unless it has at least four points and most opening days for hunting would be moved to Saturday under rule changes the Natural Resources Commission is considering.

Also on the table is dropping a controversial bait ban in an Upper Peninsula disease zone and a polarizing restriction on the number of antler points on a buck in the name of maintaining a sustainable deer population.

“There is really no gray area with antler point restrictions. There are people who want them applied and there are people who don’t want their license dictated by a group or someone else’s values,” said Chad Stewart, a deer specialist with the Michigan Department of Natural Resources (DNR) Wildlife Division.

To emphasize the point, many deer hunters attended this week’s commission meeting and expressed approval or disapproval of the antler point restrictions.  Neither side held a numerical advantage.

An Antler Point Restriction research project presented to the NRC concluded that the antler point restrictions had no conclusive impact on population numbers. The research earned the scorn of several groups wishing to put those restrictions in place.

Commissioner John Walters added several amendments to the recommendations, including changing the traditional opening day of firearm deer season on Nov. 15 to the third Saturday in November.  The only hunt that wouldn’t start on a Saturday would be the Upper Peninsula muzzleloading season. 

The change to Opening Day was brought up during the NRC meeting in April, and the DNR said they would not recommend any changes to opening day because there is massive support for people maintaining that tradition. 

Walters said bow season would start the first Saturday in October. The special hunts, like the Liberty hunt and Independence Hunt, would start the first Saturday in September.  Muzzleloader season in the U.P. would start the Monday after firearm season, and in the Lower Peninsula the second Saturday in December.

Commissioner Carol Rose reminded Walters that DNR wildlife experts told the commission that if there was any recommendation for changing the season it would be to run for three complete weekends after opening day on Nov. 15.

Walters said starting a season on Saturday would give new hunters a better chance to participate. The idea is that this would bring down a growing population of deer.

Stewart said he would need to look at the amendments Walters introduced, and there would be a discussion of the amendments during the June meeting in Roscommon.

“I think what it ultimately amounts to is that there is a strong desire for change and improvement in the management of our deer herd. I think everybody recognizes that things are trending in a certain direction,” Stewart said.

That direction is unsustainable, he continued. The number of deer is increasing, and the number of hunters is decreasing.

He said everyone needed to be involved in the discussion, and out-of-the-box thinking would be needed to solve the problem.

“Not only how can we make a change, but how can we make a change that is impactful?” Stewart said.

Along with the antler point restrictions, dropping the bait ban in the U.P. and changes to opening days, there were other recommendations from Stewart and Walters.

Stewart recommended dropping the chronic wasting disease (CWD) surveillance area in the Menominee and Iron Mountain areas of the U.P., because there had been no disease detected. This would also remove the bait ban for the entire U.P. hunting area, which was put into place in 2018 because of CWD.

Since 2018, there have been no detections in the area.

Stewart recommended restricting the number of antler-point buckshot in the CWD surveillance zone in the lower peninsula, to help the harvesting of more doe in the area.

The U.P. would also be allowed to use crossbows later in archery season, which has been a prohibition since they became legal in 2009.

Walter added amendments that would make all special hunts, including the Liberty and Independence Hunt, doe-only seasons.

An antler point restriction of four points on one side would be extended to all Lower Peninsula where there was no CWD or tuberculosis.

He also proposed changes to licenses, with a single license being able to kill a doe or buck, but a combo license being able to harvest one buck and one doe, or two doe, but not two bucks.

DCD OUT AND ABOUT:

In the spirit of promoting Mental Health Awareness Month this May, Senator Mat Dunaskiss and Jake German were happy to host US Congresswoman Lisa McClain and her District Director Eva Vrana on a Q&A Tour of Oakland County’s own Common Ground Resource & Crisis Center.  Rep. McClain and Common Ground CEO, Heather Rae, had a great discussion.  Congresswoman McClain is a Co-Chair of the bipartisan Mental Health & Substance Use Disorder Task Force.

ARTICLES OF POLITICAL INTEREST:

Michigan Is Short on Adderall, Penicillin, Cancer Drugs Amid Supply Woes

Senate Lawmakers Spar Before Passing $21 Billion School Aid Budget

Michigan’s New Roads Plan: More Money For Big Counties (That Vote Democrat)

Detroit Schools May Soon Get $94.4 Million From Settlement

Michigan House, Senate Propose Budgets With Record Spending Amid Economic Uncertainty

Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE!

DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future!

ARTICLES OF CANNABIS INTEREST:

Another Cannabis Bribery Conspirator Bites The Dust In Michigan

Feds Bust Interstate Marijuana Ring With Sites In Michigan, Oklahoma

Grown & Owned in Michigan: Local Own Most Lansing Dispensaries

Michigan Doctors Express Hesitancy To Authorize Medical Cannabis Use in New Study

Activist Cannabis Testing Labs Acquire Rivals, Increase National Reach

DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best. We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

Business Leaders Not As Pessimistic As They Were
Among Business Leaders for Michigan members, 44% believe the state’s economy will get worse in the next six to 12 months and 57% believe inflation will go down.

These are among the findings from a survey of BLM members who collectively represent 40% of the state’s economy and whose businesses pump $1 trillion into the economy.

The numbers show business leaders are not as pessimistic as they were even three months ago.

At the end of 2022, 46% felt the economic picture would stay the same or get better, but the number is now 54%. Another 48% believe the national picture will improve, which is up from the decidedly lower figure of 36% last time the survey was taken.

In Q4 of 2022, 64% projected the country’s economy would be getting worse in the coming six to 12 months. In Q2 of 2023, that number has shrunk 13 percentage points to 51%.

Among those asked, 82% said they believe they will be hiring more, but that continues to be a challenge as executives find the trained talent pool to be at a low ebb. A 70% majority expect challenges in hiring skilled workers to fill the open jobs.

As for expanding their operations and making more capital investments, 82% report they will increase or decide to stay at current levels.

The internal member survey was conducted between March 21 and April 3.

Local Proposals Number 192 For May Election
An expected 192 local money requests will be taken up during Tuesday’s statewide local elections, including 43 bonding proposals, 52 millage renewals, 38 restorations and four new proposals. 

The largest requests on the table Tuesday are bonding requests, including a $550 million bonding proposal to defray rebuilding and construction expenses for Utica Community Schools in Macomb County. 

Other large proposals include: 

– A $242,945,000 bonding request for Saginaw Township Community Schools, with bonds lasting 30 years. 

– A $155,775,000 bonding request for Grand Haven Area Public Schools. 

– Two $148,000,000 bonding requests to West Bloomfield School District. 

– A $134,400,000 bonding request to Northville Public Schools. 

– In total, 45 requests are over $10 million, including 37 bonding requests. The other large sums are for millage restorations, increases and renewals. 

– The largest non-bonding related proposal is a $41,229,000, 18-mill restoration that would last 20 years and benefit Utica Community Schools. 

In total, education-related proposals account for over half of the local money requests, with 115 proposals relating to schools. 

Fire and roads were the next-highest categories, with 21 and 13 requests, respectively. 

Houghton County had 15 proposals, while Allegan County reported 13 funding requests and Kent County had 10. 

Fouts Ineligible For Another Mayoral Run, Court of Appeals Says
As reported by Gongwer, long-time Warren Mayor Jim Fouts is ineligible to seek a fifth term in 2023 following an amendment to the Warren City Charter in 2020, a Court of Appeals panel ruled Friday.

In Warren City Council et. al. v. Buffa et. al. (COA Docket No. 365488), a per curiam panel ordered Warren City Clerk Sonja Buffa to immediately disqualify Mr. Fouts from seeking the office.

Mr. Fouts was elected mayor in 2007 and planned to seek a fifth term. In 2020, the Warren charter was amended to allow a person to serve as mayor for only three terms. The Warren city attorney said in an opinion that Mr. Fouts was eligible to seek a fifth term, opining that the proposal was confusing for voters, and they may not have understood the proposal.

A lower court said the charter language reflected no clearly manifested intent for term limits to include prior terms served.

Judge Mark Cavanagh, Judge Elizabeth Gleicher and Judge Colleen O’Brien disagreed.

"We conclude that the charter sections’ failure to specify that time in office before the 2020 amendment will be counted does not make them ambiguous. Nor do we find dispositive the fact that the ‘terms served prior’ language was not in the ballot proposal question itself, where the language actually was on the ballot within the proposal section," the panel wrote. "Additionally, a prospective application of the charter is applied here, and its reliance on antecedent events does not run afoul of the general rule against retroactivity. Accordingly, for the reasons stated, we reverse the circuit court’s grant of summary disposition to defendants, and grant the Council’s complaint for writ of mandamus."

Mr. Fouts did not immediately return a request for comment.

Rep. Lori Stone (D-Warren) and former Rep. Patrick Green of Warren are running for mayor this year.

DCD OUT AND ABOUT:

DCD Lobbyist Jake German, Heather Rae, CEO of Common Ground, State Senator Jeremy Moss, Elizabeth Crenshaw, District & Constituent Services for Senator Moss, Christine Burk of Oakland Community Health Network, and Senator Mat Dunaskiss enjoyed a tour of Oakland County’s own Common Ground at the Resource and Crisis Center in Pontiac on Friday, April 28th.

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Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE!

DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future!

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DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best. We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

Automatic Speed Enforcement Gets House Committee OK
Motorists traveling through construction zones on state trunklines could be subjected to speed enforcement through automated systems under legislation that unanimously cleared a House committee Tuesday.

Under HB 4132 and HB 4133 , the Department of State Police and the Department of Transportation could install and use automated speed enforcement systems in construction zones on highways or streets under state jurisdiction. The bills also would create a State Police unit to oversee automated enforcement Systems and the Work Zone Safety Fund.

Current law generally requires a law enforcement officer to witness a traffic violation to issue a citation.

But the bills reported by the House Regulatory Reform Committee  would allow the state to use an electronic traffic sensor system that detects vehicles exceeding the posted speed limit and produces a recorded image of such vehicles that includes the plate, location and date and time.

A violation would occur if the motorist is clocked going 10 miles per hour or more. First violations and any violations more than three years after the offender’s most recent violation would result in a written warning from the State Police. A second violation within three years of the most recent violation would result in a civil infraction and fine up to $150 with funds going to MDOT. Third and subsequent violations within three years of the offender’s most recent violation would result in a civil infraction and fine up to $300 with funds going to MDOT.

Fine monies collected in excess of the cost of installing and operating the automated systems would go to the Work Zone Safety Fund. The fund could be used to increase police presence in work zones and pay for traffic control devices in work zones to protect workers.

The bills cleared the committee with no discussion, but the County Road Association and Michigan Municipal League submitted cards of support. Also backing the bill was the Michigan Infrastructure and Transportation Association, which noted 5,814 work zone crashes in Michigan in 2021 that resulted in 20 deaths and 1,451 injuries.

"We support this commonsense bipartisan legislation that would keep our construction workers safe while they’re hard at work fixing Michigan’s roads," said Rob Coppersmith, executive vice president of MITA, in a statement. "Construction sites are dangerous places, and when you mix that with distracted driving and high speeds, you’re left with families who lose their loved ones far too soon. This legislation would protect people on both sides of the orange barrel by placing speed cameras in work zones to better enforce speed limits."

The American Civil Liberties Union of Michigan submitted a card indicating it opposes the bill.

The committee adopted a substitute prior to reporting the bill requiring signage alerting motorists one mile before work zones with automated speed enforcement systems. The substitute also exempts persons operating police, fire and other emergency vehicles.

Red Flag Bills Advance Out of House
Cheers erupted from the House gallery as representatives passed legislation that would enact extreme risk protection orders, also known as red flag laws.

The legislation would allow law enforcement to remove firearms from people who are considered a significant risk to themselves or others.

The vote came on the same day Governor Gretchen Whitmer signed gun legislation providing for universal background checks and safe storage into law (see separate story).

"Today’s legislation is proof that when we work together on meaningful, commonsense legislation that gives families and law enforcement the tools they need to act on early warning signs, we can create the safer Michigan that we all want and deserve, especially for our kids," said a statement from Rep. Kelly Breen (D-Novi), who sponsored one of the bills and chairs the House Judiciary Committee .

A floor substitute was adopted for HB 4145 that would more narrowly define the venue where an extreme risk protection order can be filed. With the substitute, people would only be able to file a protection order in the county where they live or work or the county where the person they are filing against lives or works.

The substitute also includes changes added by the House Judiciary Committee  yesterday, which add provisions for guardians and allow health care providers to file extreme risk protection orders. The legislation also requires clear and convincing standards of evidence for hearings when both parties are not present. This is the highest standard. For regular hearings, there will be an opportunity for the respondent to be heard. The legislation also streamlines the process for law enforcement to take firearms from someone who may use a gun to do harm after police leave the scene. The substitute will also ensure the bill holds entities harmless for transporting firearms and keeping them under an extreme risk protect order, and establishes a process for guns to be collected after the order expires.

HB 4145 passed 56-51. It now moves to the Senate.

The House also voted on SB 83 that would create the Extreme Risk Order Protection Act. The bill is nearly identical to HB 4145. The difference between the House and Senate versions of the bills, as passed by the House, is that the House bill restricts the jurisdiction in which protection orders can be filed. The Democratic majority decided not to adopt a floor amendment for SB 83 to make it match HB 4145. Instead, the bill will be the same as the rules that govern personal protection orders, which do not restrict venue.

The floor substitute was adopted in error, but the floor leader felt it was best to advance both HB 4145 and SB 83 and allow the Senate to decide which bill to send to the governor, said Amber McCann, press secretary for House Speaker Joe Tate (D-Detroit).

SB 83 passed in a vote of 56-51. It will be sent back to the Senate for a concurrence vote, and it’s likely that SB 83 will be signed into law, Ms. McCann said.

Several Republicans spoke in opposition to the bill package on the floor, raising concerns about due process and saying that red flag laws don’t address the underlying causes of gun violence, such as mental health.

"Red flag laws are a very flawed solution to the multi-faceted problem of violence in society. They do not address the root causes of gun violence such as mental illness poverty and social inequality. And for people who truly need intervention, these bills would be doing nothing to get them the mental health care that they need," said Rep. Mike Harris (R-Waterford Township). "Instead of relying on these laws, we should be focusing on finding comprehensive solutions that address the root causes of gun violence and respect our constitutional rights."

The House Freedom Caucus also issued a statement in opposition to the legislation following its passage.

"There is a real risk that these laws could be used to target law-abiding citizens who hold unpopular views," said Rep. Angela Rigas (R-Caledonia) in a statement. "By allowing people to file for an ERPO in any county, the Democrats are encouraging the disgusting practice known as Court Shopping. We cannot allow Michigan to become a breeding ground of fear and mistrust."

Ms. Breen said that the legislation was not about violating people’s rights during a speech on the House floor.

"Guns are the quickest and most easy way to kill. … The issue we face is one of conscience and commonsense," she said. "It’s about protecting our children. It’s about protecting our families. Protecting our communities that we are sworn to protect. … It’s a tool for law enforcement to intervene before something terrible happens."

The House also passed HB 4146 , which prohibits people under an extreme risk protection order from purchasing firearms. The bill passed 56-51.

HB 4147 also passed the House in a vote of 56-51. This bill provides for service of process for extreme risk protection order actions and waives court fees.

HB 4148 was the final bill in the package passed Thursday. The bill outlines sentencing guidelines for extreme risk protection orders, making it a felony to violate the order and a misdemeanor to make a false statement in support of an extreme risk protection order. The bill passed 56-51.

"This issue is bigger than any one of us," Rep. Ranjeev Puri (D-Canton) said in a speech prior to the vote. "The harsh reality is that no one bill, or policy, is going to rid our society of this gun violence epidemic. The amount of gun violence that exists in our country is a symptom. It is a symptom of years of government inaction … and we have a chance to do something."

Moms Demand Action and Students Demand Action, organizations which have advocated fiercely for the passage of firearms legislation, applauded the House’s decision.

"After years of grief and tireless organizing, mobilizing, and educating – our lawmakers took action, proving the power of our grassroots movement. This is what advocacy looks like," said Jaclyn Sivers, a volunteer with the Michigan chapter of Moms Demand Action, in a statement. "Today, Michigan becomes a leader on gun violence prevention. We look forward to working with our lawmakers to ensure this bill makes it across the finish line, and we remain committed to creating a safer Michigan for all."

The House also voted to concur with the Senate on changes made to HB 4064 , which deals with sentencing guidelines for universal background checks and safe storage.

Democrats have said discussions on gun legislation will continue to be a priority for the caucus moving forward.

Marijuana Industry Employment Age Lowered to 19 Under Bill
A Rep. Kevin Coleman (D-Westland) bill expanding the minimum age for marijuana industry employees from 21 to 19 heard testimony before Tuesday’s House Regulatory Reform Committee. 

Currently, the Michigan Regulation and Taxation of Marihuana Act allows individuals 21 years of age or older to acquire, possess, transport or consume marijuana, including a marijuana grower, processor, transporter, retailer or microbusiness. 

Robin Schneider, executive director of the Michigan Cannabis Industry Association, said when the state Legislature passed the Medical Marihuana Facilities Licensing Act in 2016, the age for employment was set to 18.

However, when Michigan legalized marijuana, the ages for both consumption and employment were set at 21.

Schneider said that now, when a medical facility adds a recreational license, they’re essentially forced to fire any employees between the ages of 18 and 21. 

HB 4322, introduced on March 22, lowers that threshold to allow a person 19 years of age or older to manufacture, purchase, distribute and sell marijuana accessories if the person is acting on behalf of a marijuana establishment. 

The bill also allows 19-year-olds to volunteer at marijuana establishments, and changes references to the Marijuana Regulatory Agency to refer instead to the Cannabis Regulatory Agency. 

Coleman said he introduced the bill to address the statewide worker shortage that the cannabis industry hasn’t escaped. 

No matter your thoughts about cannabis, Coleman said, the industry employs approximately 32,000 people in Michigan. 

He said allowing young people to get into the cannabis industry, learn about the industry firsthand and become entrepreneurs is a way to address the shortage and help them explore a career path. 

This isn’t about young folks consuming cannabis or changing their behavior around it, Coleman said, but it is about allowing young people to work in a growing industry that is very lucrative. 

Schneider said that a search on Indeed brings back an average starting salary between $17 and $20 for cannabis industry employees. 

Micah Siegal, who testified as general counsel representing Pure Brands and the Michigan Cannabis Industry Association, said Pure Brands employs nearly 600 Michiganders at six active locations, with an hourly wage over $20, health benefits and an employee 401(k). 

With Michigan universities, including Northern Michigan University, Grand Valley and Lake Superior State University, creating new programs to teach cannabis cultivation, along with HB4232 passed last term allowing people as young as 17 to serve alcohol, Coleman said young people should also be given the opportunity to explore the cannabis industry through employment. 

When asked by Rep. Graham Filler(R-St. Johns)  why the age wasn’t lowered to 18 in the bill, Rep. Tyrone Carter (D-Detroit) responded, “You can tell them it was me.” 

Coleman explained that their concern was that high school students could turn 18 and be able to enter a cannabis establishment while still in school, leading them to choose 19 as the set age. 

The bill is not expected to have a fiscal impact on state or local governments, according to House Fiscal Analysis, and no one opposed the bill during testimony. 

The bill was supported by the Michigan Chamber, and the Cannabis Regulatory Agency submitted a card with a neutral position.

The bill now awaits further consideration in the House Regulatory Reform Committee.

DCD OUT AND ABOUT:

Jake German and Mat Dunaskiss were happy to host Senator Stephanie Chang on a tour of the Common Ground facility in Pontiac with leadership teams from both Common Ground and Oakland Community Health Network.

Senator Mat Dunaskiss and Honor Health CEO Deb Brinson and her staff were happy to host State Representatives Donni Steele and Mike Harris at the Honor Facility in Pontiac for a tour and informational discussion.

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THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE!

DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future!

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DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best. We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

Could the Legislature Be Ready to Revisit No Fault Auto Insurance?
In the first three months of the new legislative session, the Democratic majority has raced through its initial six priorities laid out at the beginning of the term. As lawmakers prepare to dive back in after the spring recess, one issue that could be taken up is no-fault auto insurance, according to Gongwer.

"The energy and the desire … to take up the issue is there," said Rep. Brenda Carter (D-Pontiac), who chairs the House Insurance and Financial Services Committee . "After we get through these first six bills and the gun legislation bills, then auto no fault becomes the priority."

How fast those changes could take place also is complicated by current litigation over the implementation of the 2019 overhaul in the Michigan Supreme Court case, Andary v. USAA Casualty Insurance Company.

Changes were made to Michigan’s no-fault auto insurance in 2019 with the passage of bipartisan legislation that created multiple levels of personal injury protection coverage to make it more affordable. The multi-tiered PIP rate was created as an alternative to the mandatory lifetime health coverage. The legislation also mandated medical fee schedule that imposed a 45 percent provider rate cut and limited reimbursement for family-provided attendant care to 56 hours per week.

Current Senate Majority Leader Winnie Brinks (D-Grand Rapids) voted no on the auto insurance changes in 2019. Now House Speaker Joe Tate (D-Detroit) voted yes.

"The impact has been devastating," said Todd Judd, executive director of Michigan Brain Injury Provider Council, a trade association that serves providers in professions related to brain injury rehabilitation, and which has strongly objected to the reforms.

The fee schedule went into effect in July 2021, causing problems for the approximately 17,000 people receiving care under the prior no-fault law, which assured unlimited coverage for "all reasonable charges" needed to provide care for those catastrophically injured. Providers also said they could no longer afford to provide care for patients due to a lack of funds.

"We warned legislators about this before the fee-cap system was implemented in 2020, and everybody kind of took a wait and see approach," Mr. Judd said. "Well, we’ve seen the impact."

Erin McDonough, executive director of Insurance Alliance of Michigan, said that the reforms have benefited Michigan drivers.

"The goal of them was to drive down costs for Michigan’s 7.2 million drivers, and we think the reforms are working," she said.

The Department of Insurance and Financial Services released a report showing that as a result of the new law, the Michigan Catastrophic Claims Association deficit of approximately $2 billion had been eliminated and the associations assessment could be reduced by $1 billion. The MCCA also stated the changes resulted in an estimated $3.5 billion reduction in liabilities.

The report also said that, as of December 29, 2022, the department reviewed 47 percent of the personal auto insurance filings, and those filings reflected $106 million in savings passed on to consumers as the result of the application of the fee schedule provided by the no-fault reforms.

"They’ve kept costs in check by preventing overcharging and reducing incentives for medical providers to push harmful procedures and have established a reasonable reimbursement rate for medical services," Ms. McDonough said.

The state also developed a hotline to ensure that fees were being paid in a timely manner, Ms. McDonough said, and people who didn’t have care insurance before the reforms are now buying that protection.

"We have a choice," she said. "We have savings in the form of a fee schedule. We have accountability through programs like utilization review that allow third party disputes to be overseen by the department. We’ve had 60 new companies enter the market since the reforms passed."

Last month, the Coalition Protecting Auto No-Fault called into question the accuracy of the number of new insurance companies since the law changes.

The Michigan Supreme Court is currently hearing a case related to the fee schedule. The case, Andary v. USAA Casualty Insurance Company (MSC Docket No. 164772), will decide whether the 2019 changes apply retroactively.

Mr. Judd said that the decision of the Supreme Court won’t prevent the Legislature from addressing the reimbursement system.

"It’s a very narrow, small part of the law that really needs to be fixed so that people can get the care that they deserve and that they paid for," he said. "That’s a legislative caused problem, and the only solution has to come from the Legislature with an amendment to the law that makes sure that providers are getting paid a reasonable amount."

Ms. McDonough said that any discussions about no-fault reforms were dependent on the court case.

"We need to understand what decision the Supreme Court is going to make," she said. "It will determine constitutionally what the Legislature can and can’t do, and what’s at the heart of this is the medical fee schedule."

Ms. Carter said she is in ongoing discussions with House Speaker Joe Tate’s (D-Detroit) office about bringing the insurance industry and the provider industry to the table to develop solutions to auto no-fault insurance.

"I’m really optimistic, especially with the subject matter experts we have on the committee, that we will come to some kind of resolution where both sides of the industry wins," she said.

The biggest concerns to address are the fee schedule and the cut in fees paid to providers, Ms. Carter said.

"That’s the 800-pound gorilla in the room for both sides," she said. "We’ve watched this law since 2019-20, and we see that there’s been a reduction in claims and a reduction in price, however the provider industry is being disproportionately impacted."

Mr. Judd said that when the no-fault auto insurance laws were originally passed, stakeholders like the Michigan Brain Injury Provider Council would have liked an opportunity to discuss what the fee schedule looked like and different strategies to reasonably lower costs in the system.

"We did not get that opportunity," he said. "We need to see a change to the reimbursement level for post-acute services. Those services that have had their reimbursement rate slashed by 50 percent. That’s not sustainable…We’re not looking to touch any other aspect of the law except for this one very narrow solution that looks for justice and fairness in terms of making sure that people who are injured have care providers that are getting paid at reasonable rates."

Mr. Judd said he’s cautiously optimistic about the chance of reform.

"We think that we have champions at key points in the Legislature, within leadership and within both parties who have been championing for a change, and the new legislators coming into this session have really shown some great insight into this issue, and they recognize the need," he said. "We know that over the past few years, Governor Whitmer has said she wants to see some solutions to her desk, and so we’re very hopeful and optimistic now that she has her party with the majority that a solution will get to her desk."

Ms. McDonough said that the medical fee schedule is helping keep costs in check because it allowed providers to charge people with no-fault insurance more for procedures than they charged people without no-fault insurance.

"Loading costs into the system makes rates go up, and when you have choice, unchecked medical costs can prevent people from getting the value of their policy," she said. "Think about it: You could only afford a $50,000 policy. Why should you have to by a $5,000 MRI when it costs everybody else $500?"

Ms. Carter also said that the Legislature was not prevented from making adjustments going forward, regardless of the Supreme Court decision.

"We will still have to look at how the law impact pricing going forward," she said. "The obligations that the provider industry will have to meet going forward. And that, once again, is a discussion between the two sides."

Sen. Mark Huizenga (R-Walker) was less confident about the ability of the Legislature to do anything prior to the Supreme Court’s decision. Mr. Huizenga is the minority vice chair of the Senate Insurance and Finance Committee.

"In general, any time you have major policy change like that, it’s never perfect, and it’s not that uncommon to see technical fixes, legislative adjustments and modifications after the fact," he said. "But I think that’s all on hold now, just because of litigation."

Mr. Huizenga said that his office still regularly is contacted by people with concerns about auto no-fault. Still, he said he couldn’t speculate on whether the Senate committee would take it up as an issue or what kind of changes could be considered.

"I don’t think it’d be fair for anyone to speculate as to what changes might or might not occur because of the litigation," he said.

The Republican caucus largely supports the 2019 law because many members feel that the changes made the state more competitive by lowering prices and made Michigan safer. The biggest priority is making sure that people are getting their medically necessary care.

There hasn’t been much discussion at the committee level on no-fault auto reform, but Ms. Carter said she was confident that there would be a bipartisan effort.

"With the implementation of the law, there were a lot of eruptions around it," she said. "That doesn’t mean that they may not occur once (auto no-fault) starts surfacing as an issue again, but as of right now, it seems like both sides are willing to come to some type of agreement."

Mackinac Center Considering Legal Challenge on Temporary Tax Cut
Days after a formal opinion from the attorney general asserting an income tax cut outlined in a 2015 law is temporary and the Department of Treasury’s subsequent announcement, the Mackinac Center for Public Policy is considering a legal challenge.

This week, Attorney General Dana Nessel said when the trigger for an income tax cut under the 2015 roads plan is reached, it only reduces the income tax for one year before the rate goes back up to the original 4.25 percent to be reevaluated annually.

Treasurer Rachael Eubanks then announced – as had been expected for months – that the trigger had been reached in the 2021-22 fiscal year, so the income tax rate for the 2023 tax year is reduced to 4.05 percent. The department, bound by the attorney general’s opinion, said the cut would be for one year.

Although attorney general opinions are binding on state agencies, they can be challenged in court. The conservative Mackinac Center, which is no stranger to challenging state government in court, is considering its legal options.

It is unclear when a legal challenge could be brought. The rate is currently 4.05 percent and likely would not increase back to 4.25 percent until 2024.

"The statute clearly calls for a permanent reduction to the personal income tax rate," Holly Wetzel, director of public relations for the Mackinac Center, said in a statement. "This is the latest attempt to thwart long-term tax relief that the people of Michigan were promised."

Ms. Nessel’s opinion argues that the temporary nature of the income tax rollback is supported by the text of PA 180 of 2015 and by the nature of the triggering event itself.

"In particular, the triggering event is based on temporary, impermanent, circumstances that change, and are reviewed, every year. Essentially, the Legislature has determined that if a situation exists where a percentage increase in state revenue in the immediately preceding fiscal year is greater than the rate of inflation for the same year, and the inflation rate is positive, then the state can afford to provide relief to taxpayers," the opinion said. "But because that situation is only temporary, it makes sense that, rather than provide a permanent tax reduction based on the (perhaps unusual) economic circumstances of a single fiscal year, the Legislature intended the relief to taxpayers to be only temporary as well."

Republicans have balked. Former Governor Rick Snyder, who signed the bill and opposed income tax rollbacks while in office, said it was intended to be permanent relief.

"The income tax trigger was intended to be a permanent reduction activated when state government had a large surplus," Mr. Snyder said. "Our taxpayers worked hard to earn those dollars and government should not keep them when there are not critical expenses to pay for. The attorney general’s opinion today is an unreasonable overreach of what was agreed upon. Michigan taxpayers deserve the surplus dollars now and into the future."

Earlier this year, Patrick Wright, vice president of legal affairs for the Mackinac Center, said the legislative history on the law was clear.

"The tax rate decrease was meant to be permanent," he said.

Guardianship Bills To Be Introduced When Senate Returns
A bipartisan Senate bill package intended to help prevent elder abuse and protect vulnerable individuals is expected to be introduced when lawmakers return next month from their spring legislative recess.

On Thursday, Sen. Ruth Johnson (R-Groveland Township) announced in a release that she and three other senators plan to introduce the bills, similar to legislation that was reported by a House committee last year but never was taken up in the full chamber.

Under the proposed legislation, courts would be required to obtain a physician or mental health professional’s assessment of an individual before appointing a guardian.

Further, judges would be required to explain their reasoning on the record in court for the appointment of a professional guardian who is not a family member to oversee the person’s care.

"This should not be happening in America, but it is happening every day in Michigan," Ms. Johnson said of elder abuse and exploitation of vulnerable persons. "Our current system is ripe for abuse, and there is not enough accountability or oversight. We’ve heard from too many victims and family members that reforms are badly needed."

Ms. Johnson said the bills include recommendations from Attorney General Dana Nessel’s Elder Abuse Task Force and from information reported by The Detroit News on problems with the existing guardianship system.

"Michigan’s guardianship process is broken, and real people are being exploited and hurt," Sen. Jim Runestad (R-White Lake) said in a statement. "The wishes of seniors placed under guardianship are too often ignored and uncertified guardians can proceed to sell off a senior’s home and property, and even deny access to them by their family. That’s just unacceptable."

Similar House bills were reported by the House Judiciary Committee  in June 2022, but no votes before the full chamber were taken prior to the end of session.

"Guardians play a vital role in providing safe and rewarding lives for people who can no longer make critical decisions alone," Sen. Jeff Irwin (D-Ann Arbor) said in a statement. "But we need to make sure there are safeguards in place – to protect people’s rights and property – because we know there are bad actors that exploit people in vulnerable situations."

Certification requirements would be put in place for guardians under the package along with limits on the number of people a guardian can have in their care.

An individual who has been removed as a public administrator by the attorney general for cause would be banned from being appointed as a professional guardian or conservator. Courts would also be required to make video recordings of public court proceedings available to the public.

"There is currently not enough oversight of guardians or conservators who manage the care and finances of thousands of Michigan seniors and other residents who might need some additional help, and we’ve seen multiple reports and heard directly from victims that the current system isn’t always working to protect them," Sen. Paul Wojno (D-Warren) said in a statement.

The bills are expected to be formally introduced after the Senate returns in April, with them being referred to the Senate Civil Rights, Judiciary and Public Safety Committee .

DCD OUT AND ABOUT:

DCD Lobbyist Jake German and Michigan Green Industry Association (MGIA) Executive Director Michelle Atkinson were happy to be part of the Michigan Nursery & Landscape Association Issue Advocacy Day on March 22, where representatives from eight state organizations of green industry professionals visited all members of the State House and Senate.

Left: Jake German and State Representative Donni Steele were happy to attend the annual Patrick Henry Awards Dinner, honoring Patriot of the Year, Mr. Sam Kassab.

Right: Jake German, Heather Rae, CEO of Common Ground, Christine Burk, Chief of Staff at Oakland Community Health Network (OCHN), and Common Ground Board Member Fred Fechheimer hosted Rep. Regina Weiss for a tour of the Common Ground Resource & Crises Center in Pontiac.

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THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE!

DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future!

ARTICLES OF CANNABIS INTEREST:

"No Tokers Left Behind" Is Message At 52nd Annual Hash Bash Rally

Lansing Power Players, Secret Deals Draw Feds’ Attention in Marijuana Probe

Hash Bash Sparks Conversation About Pot Policy

Another Black-Owned Cannabis Shop Opens in Detroit

The NBA Is Lifting Its Ban On Marijuana In Deal With Players, According to Union

DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best. We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.