Understanding Michigan’s Riot Laws and Penalties

Understanding Michigan’s Riot Laws and Penalties

Jan 8, 2024 | Blog, Disturbing the Peace, Michigan Laws

Understanding Michigan’s Riot Laws and Penalties

In any society, maintaining peace and order is paramount. Michigan, like other states, has specific laws in place to address situations of public unrest and violence.

To understand the legal framework and potential consequences of riot-related activities in the state you must read the law.  Also understand that the laws can be interpreted and twisted in many ways to fit the prosecutions narrative and agenda depending on who you are and what you were taking a stand for.

Note: Other charges will be piled on these charges but we are just talking about the rioting laws in Michigan here.

Michigan Compiled Laws (MCL)
Chapter 750
RIOTS AND RELATED CRIMES
Act 302 of 1968

752.541 Riot.

Sec. 1.

   It is unlawful and constitutes the crime of riot for 5 or more persons, acting in concert, to wrongfully engage in violent conduct and thereby intentionally or recklessly cause or create a serious risk of causing public terror or alarm.

752.542 Inciting to riot.

Sec. 2.

   It is unlawful and constitutes incitement to riot for a person or persons, intending to cause or to aid or abet the institution or maintenance of a riot, to do an act or engage in conduct that urges other persons to commit acts of unlawful force or violence, or the unlawful burning or destroying of property, or the unlawful interference with a police officer, peace officer, fireman or a member of the Michigan national guard or any unit of the armed services officially assigned to riot duty in the lawful performance of his duty.

752.542a Riot at state correctional facility.

Sec. 2a.

   A person shall not willfully instigate, cause, attempt to cause, assist in causing, or conspire to cause a riot at a state correctional facility. As used in this section, “riot at a state correctional facility” means 3 or more persons, acting in concert, who intentionally or recklessly engage in violent conduct within a state correctional facility that threatens the security of the state correctional facility or threatens the safety or authority of persons responsible for maintaining the security of the state correctional facility.

752.543 Unlawful assembly.

Sec. 3.

   It is unlawful and constitutes an unlawful assembly for a person to assemble or act in concert with 4 or more persons for the purpose of engaging in conduct constituting the crime of riot, or to be present at an assembly that either has or develops such a purpose and to remain thereat with intent to advance such purpose.

752.544 Violation as felony; penalty.

Sec. 4.

  (1) A violation of section 1, 2, or 2a is a felony, punishable by not more than 10 years in prison or a fine of not more than $10,000.00, or both.
  (2) A violation of section 3 is a felony, punishable by not more than 5 years in prison or a fine of not more than $5,000.00, or both.

752.545 Repeal.

Sec. 5.

Sections 521 and 522 of Act No. 328 of the Public Acts of 1931, being sections 750.521 and 750.522 of the Compiled Laws of 1948, are repealed.

History: 1968, Act 302, Imd. Eff. July 1, 1968

750.521-750.522 Repealed. 1968, Act 302, Eff. July 1, 1968.

Compiler’s Notes: The repealed sections pertained to riots and unlawful assemblies; duty of officials to disperse; arrest on failure to disperse.

(Similar to qualified immunity one would guess but more likley because the purpose could be beneficial to one group and not another)

752.546 Effective date.

Sec. 6.

   This act shall take effect July 1, 1968.

 

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Index

Index and Information Source

Document Type Description
Section 752.541 Section Riot.
Section 752.542 Section Inciting to riot.
Section 752.542a Section Riot at state correctional facility.
Section 752.543 Section Unlawful assembly.
Section 752.544 Section Violation as felony; penalty.
Section 752.545 Section Repeal.
Section 752.546 Section Effective date.

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MI COURT OF APPEALS – Over 1000 Cannabis Plants Just a Misdemeanor

MI COURT OF APPEALS – Over 1000 Cannabis Plants Just a Misdemeanor

Jan 7, 2024 | Blog, News

Court rules, Illegal marijuana grow of any size only a misdemeanor in Michigan.

Past defendants may have grounds to fight their prior convictions.

Since the act’s passage in 2018, the outdated 1978 law has led to the charging and conviction of over 3,500 individuals, as per analysis shared by Michigan Supreme Court spokesperson John Nevin with MLive. A total of 1,072 people have been convicted under this law.

Those defendants may have grounds to fight their prior convictions.

From MLIVE

 

Attorney Michael Komorn of the Komorn law firm specializes in cannabis defense and currently has several clients charged under felony marijuana possession laws.

In light of the Court of Appeals ruling, he plans to file motions requesting those charges be reduced to misdemeanors. Komorn said most prosecutors and police have already placed a low priority on marijuana enforcement, except for “certain pockets” of the state. “They’ll raid like the old days, come in with guns and masks and go through that whole process,” he said, “but their dilemma is, how do we charge somebody. 

What, do you get charged with a misdemeanor? “I have a number of cases where they’ve seized property and not charged anybody. And you can only reap the benefits of forfeiture if you get a felony conviction.”

KOMORN LAW
Michigan’s Top Cannabis Legal Defense

If you are facing any charges related to marijuana.
Call us only if you want to fight them…that’s what we do

(248) 357-2550

TIP: We get calls all the time with people who regret hiring a lawyer to represent them for cannabis related charges that didn’t know squat about the laws.  One shouldn’t have to tell them about the law before they convince you to plea.  Hire right the first time because you may not get a second chance to fix it! Ask the attorney questions.

The appellate court reviewed a case that arose from an August 2020 raid in Tuscola County. This raid was conducted by the state police-led Thumb Narcotics Unit, which operates across Huron, Tuscola, Sanilac, and Lapeer counties.

Tuscola County prosecutors have charged Kejbou with two crimes related to the 1978 drug law. This law stipulates that individuals found in possession of less than 20 marijuana plants may face a maximum sentence of four years in prison, while those possessing over 200 plants could face up to 15 years of imprisonment.

Based on the aforementioned felony charges, the Tuscola County Prosecutor’s Office further filed charges against Kejbou for the offense of possession of a firearm in connection with the commission of a felony.

The unanimous ruling by the three-judge Court of Appeals panel concludes that the case should be prosecuted under the Michigan Regulation and Taxation of Marijuana Act (MRTMA).

Violations for exceeding allowed amounts range from civil infractions to misdemeanors. 

As the act states,“subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence,”

The panel determined that felony punishments were not applicable.

Document Link

COA State of MI v SHAALN M KEJBOU- 231005 Pub -1000+ plants

Jan 2024 – Update on Cannabis Scheduling

Officially, cannabis still remains federally prohibited under the Controlled Substances Act as a Schedule I substance. This classification is reserved for substances that are considered to lack any currently accepted medical use and have a high potential for abuse.

However, the U.S. Department of Health and Human Services recommended in August that cannabis be moved from Schedule I to Schedule III.

It’s an election year open the panderverse portal.

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Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

Jan 5, 2024 | Blog, Know Your Rights, Michigan Laws, News

This information was taken from archives.gov. One should assume it is factual… but assuming information is a fact is a perilous assumption.  Here is what you paid for… 

Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution.

The 1789 Joint Resolution of Congress proposing the amendments is on display in the Rotunda in the National Archives Museum. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791.

The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights.

In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution. Article 1 was never ratified.

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Article the first... After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article the second… No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Article the third… Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article the fourth… A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Article the fifth… No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article the sixth… The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article the seventh… No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article the eighth… In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article the ninth… In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article the tenth… Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article the eleventh… The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth… The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

ATTEST,

Frederick Augustus Muhlenberg, Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate
John Beckley, Clerk of the House of Representatives.
Sam. A Otis Secretary of the Senate

Constitutional Amendments 1-10 make up what is known as The Bill of Rights. Amendments 11-27 are listed below.

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Feel like your rights have been infringed upon while encountering law enforcement or the court system? The only way to win is to fight. The only way to fight is to hire a lawyer. And the only way to hire a lawyer is to pay. That is the system. So, hire the best lawyer you can because in the long run, it saves you time and money!

AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

AMENDMENT XII

Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. –]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. *Superseded by section 3 of the 20th amendment.

AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.

Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

*Changed by section 1 of the 26th amendment.

AMENDMENT XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude–

Section 2.

The Congress shall have the power to enforce this article by appropriate legislation.

AMENDMENT XVI

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

AMENDMENT XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

Section 1.

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XIX

Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

Section 1.

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

AMENDMENT XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XXII

Passed by Congress March 21, 1947. Ratified February 27, 1951.

Section 1.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

AMENDMENT XXIII

Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1.

The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXIV

Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by the 25th amendment.

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

AMENDMENT XXVI

Passed by Congress March 23, 1971. Ratified July 1, 1971.

Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.

Section 1.

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXVII

Originally proposed Sept. 25, 1789. Ratified May 7, 1992.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Michigan’s Freedom to Work Law Dies in 2024

Michigan’s Freedom to Work Law Dies in 2024

Jan 3, 2024 | Blog, Michigan Laws

Michigan’s Freedom to Work Law Dies in 2024

In February, Michigan’s right-to-work law will be repealed, marking a significant milestone as the state becomes the first in decades to overturn a union-restricting law known as “right-to-work,” which was enacted over a decade ago by a Republican-controlled Legislature.

The state’s “right-to-work” law, which allowed individuals in unionized workplaces to opt out of paying union dues and fees, has been repealed. This repeal is celebrated as a significant triumph for organized labor, especially considering the record-low union membership rates experienced last year. No dues and fees – no contributions.

The Democratic lawmakers pushed through the repeal, which Whitmer said would restore workers’ rights and protect Michiganders on the job.

What was the Michigan Freedom to Work Law?

Michigan’s Freedom to Work laws went into effect on March 28, 2013.

Those laws amend two labor statutes: the Labor Mediation Act (LMA), governing the private sector, and the Public Employment Relations Act (PERA), applying to the public sector. Generally, the FTW laws prohibit union-security agreements, which required that private and/or public employees pay union dues or service fees as a condition of obtaining or continuing employment.

Employees who choose to opt-out of the union are still afforded rights and benefits as members of the bargaining unit. Additionally, the FTW laws do not prohibit employees from joining or financially assisting a labor organization or participating in collective bargaining with an employer.

In some of the Commission’s freedom to work decisions issued prior to the U. S. Supreme Court’s decision in Janus v. AFSCME Council 31, et al., 585 U.S. ___ (2018), there may be language that is not consistent with the decision in Janus.

In Janus, the Court held that States and public-sector unions may no longer extract agency fees from nonconsenting employees because this is a violation of the employees’ First Amendment rights.

Michigan’s Freedom to Work laws FAQ

Michigan-Right to Work_Private Sector Poster

Michigan-Right to Work_Public Sector Poster

 

 

Laws and Historical Links

Remember Right to Work DOD 1/1/24. There is a lot here but we started out with a couple news articles and then listed some legislature.

News and Laws

MLive Article 2013

Michigan is officially a right-to-work state, but critics vow to continue fight

PBS Article

Michigan becomes 1st state in decades to repeal ‘right-to-work’ law
PBS Mar 24, 2023 4:51 PM EST

LANSING, Mich. (AP) — Michigan, long known as a mainstay of organized labor, on Friday became the first state in decades to repeal a union-restricting law known as “right-to-work” that was passed over a decade ago by a Republican-controlled Legislature.

The state’s “right-to-work” law had allowed those in unionized workplaces to opt out of paying union dues and fees. Its repeal is seen as a major victory for organized labor with union membership reaching an all-time low last year.

“Today, we are coming together to restore workers’ rights, protect Michiganders on the job, and grow Michigan’s middle class,” Democratic Gov. Gretchen Whitmer said in a statement Friday after signing the legislation. Go to PBS if you dare for more.

USA TODAY: Michigan becomes first state in decades to repeal ‘right to work’ law. Here’s what that means.

In a win for unions, Michigan Gov. Gretchen Whitmer has signed Democratic legislation repealing thestate’s right-to-work law.

The move makes Michigan the first state in decades to repeal the union-restriction law. Whitmer also signed legislation restoring a prevailing wage law that the state’s Republican lawmakers repealed in 2018.

“Today, we are coming together to restore workers’ rights, protect Michiganders on the job, and grow Michigan’s middle class,” Whitmer said in a statement Friday. “Michigan workers are the most talented and hard-working in the world and deserve to be treated with dignity and respect.”

USA TODAY: What is ‘right to work’?

EMPLOYMENT RELATIONS COMMISSION (EXCERPT)
Act 176 of 1939

***** 423.1 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 423.1.amended *****

423.1 Declaration of public policy.

Sec. 1.

  It is hereby declared as the public policy of this state that the best interests of the people of the state are served by protecting their right to work in a manner consistent with section 14(b) of the national labor relations act, 29 USC 164(b), and preventing or promptly settling labor disputes; that strikes and lockouts and other forms of industrial strife, regardless of where the merits of the controversy lie, are forces productive ultimately of economic waste; that the interests and rights of the consumers and the people of the state, while not direct parties thereto, should always be considered, respected and protected; and that the voluntary mediation of such disputes under the guidance and supervision of a governmental agency will tend to promote permanent industrial peace and the health, welfare, comfort and safety of the people of the state.

 

History: 1939, Act 176, Imd. Eff. June 8, 1939 ;– CL 1948, 423.1 ;– Am. 2012, Act 348, Eff. Mar. 28, 2013


Constitutionality: Michigan’s labor mediation law was held invalid where it conflicted with provisions of the national labor relations act. International Union of United Automobile, Aircraft and Agricultural Implement Workers of America, CIO v O’Brien, Prosecuting Attorney, 339 US 454; 70 S Ct 781; 94 L Ed 978 (1949).


Compiler’s Notes: For transfer of powers and duties relating to promulgation of rules by the employment relations commission from the department of labor to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.Enacting section 1 of Act 348 of 2012 provides:”Enacting section 1. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act.”
Rendered 1/3/2024 16:23:45 Michigan Compiled Laws Complete Through PA 319 of 2023
Courtesy of www.legislature.mi.gov

PUBLIC EMPLOYMENT RELATIONS (EXCERPT)
Act 336 of 1947

***** 423.210 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 423.210.amended *****

423.210 Prohibited conduct by public employer or officer or agent; prohibited conduct by labor organization; conduct not required as condition for obtaining or continuing public employment; exception; enforceability of agreement, contract, understanding, or practice; jurisdiction of court; appropriation; violation; civil fine; verification by independent examiner; declaration identifying local bargaining units; civil action.

Sec. 10.

  (1) A public employer or an officer or agent of a public employer shall not do any of the following:
  (a) Interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed in section 9.
  (b) Initiate, create, dominate, contribute to, or interfere with the formation or administration of any labor organization. A public school employer’s use of public school resources to assist a labor organization in collecting dues or service fees from wages of public school employees is a prohibited contribution to the administration of a labor organization. However, a public school employer’s collection of dues or service fees pursuant to a collective bargaining agreement that is in effect on March 16, 2012 is not prohibited until the agreement expires or is terminated, extended, or renewed. A public employer may permit employees to confer with a labor organization during working hours without loss of time or pay.
  (c) Discriminate in regard to hire, terms, or other conditions of employment to encourage or discourage membership in a labor organization.
  (d) Discriminate against a public employee because he or she has given testimony or instituted proceedings under this act.
  (e) Refuse to bargain collectively with the representatives of its public employees, subject to section 11.
  (2) A labor organization or its agents shall not do any of the following:
  (a) Restrain or coerce public employees in the exercise of the rights guaranteed in section 9. This subdivision does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership.
  (b) Restrain or coerce a public employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances.
  (c) Cause or attempt to cause a public employer to discriminate against a public employee in violation of subsection (1)(c).
  (d) Refuse to bargain collectively with a public employer, provided it is the representative of the public employer’s employees, subject to section 11.
  (3) Except as provided in subsection (4), an individual shall not be required as a condition of obtaining or continuing public employment to do any of the following:
  (a) Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization or bargaining representative.
  (b) Become or remain a member of a labor organization or bargaining representative.
  (c) Pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value to a labor organization or bargaining representative.
  (d) Pay to any charitable organization or third party any amount that is in lieu of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or public employees represented by a labor organization or bargaining representative.
  (4) The application of subsection (3) is subject to the following:
  (a) Subsection (3) does not apply to any of the following:
  (i) A public police or fire department employee or any person who seeks to become employed as a public police or fire department employee as that term is defined under section 2 of 1969 PA 312, MCL 423.232.
  (ii) A state police trooper or sergeant who is granted rights under section 5 of article XI of the state constitution of 1963 or any individual who seeks to become employed as a state police trooper or sergeant.
  (b) Any person described in subdivision (a), or a labor organization or bargaining representative representing persons described in subdivision (a) and a public employer or this state may agree that all employees in the bargaining unit shall share fairly in the financial support of the labor organization or their exclusive bargaining representative by paying a fee to the labor organization or exclusive bargaining representative that may be equivalent to the amount of dues uniformly required of members of the labor organization or exclusive bargaining representative. Section 9(2) shall not be construed to interfere with the right of a public employer or this state and a labor organization or bargaining representative to enter into or lawfully administer such an agreement as it relates to the employees or persons described in subdivision (a).
  (c) If any of the exclusions in subdivision (a)(i) or (ii) are found to be invalid by a court, the following apply:
  (i) The individuals described in the exclusion found to be invalid shall no longer be excepted from the application of subsection (3).
  (ii) Subdivision (b) does not apply to individuals described in the invalid exclusion.
  (5) An agreement, contract, understanding, or practice between or involving a public employer, labor organization, or bargaining representative that violates subsection (3) is unlawful and unenforceable. This subsection applies only to an agreement, contract, understanding, or practice that takes effect or is extended or renewed after March 28, 2013.
  (6) The court of appeals has exclusive original jurisdiction over any action challenging the validity of subsection (3), (4), or (5). The court of appeals shall hear the action in an expedited manner.
  (7) For fiscal year 2012-2013, $1,000,000.00 is appropriated to the department of licensing and regulatory affairs to be expended to do all of the following regarding 2012 PA 349:
  (a) Respond to public inquiries regarding 2012 PA 349.
  (b) Provide the commission with sufficient staff and other resources to implement 2012 PA 349.
  (c) Inform public employers, public employees, and labor organizations concerning their rights and responsibilities under 2012 PA 349.
  (d) Any other purposes that the director of the department of licensing and regulatory affairs determines in his or her discretion are necessary to implement 2012 PA 349.
  (8) A person, public employer, or labor organization that violates subsection (3) is liable for a civil fine of not more than $500.00. A civil fine recovered under this section shall be submitted to the state treasurer for deposit in the general fund of this state.
  (9) By July 1 of each year, each exclusive bargaining representative that represents public employees in this state shall have an independent examiner verify the exclusive bargaining representative’s calculation of all expenditures attributed to the costs of collective bargaining, contract administration, and grievance adjustment during the prior calendar year and shall file that verification with the commission. The commission shall make the exclusive bargaining representative’s calculations available to the public on the commission’s website. The exclusive bargaining representative shall also file a declaration identifying the local bargaining units that are represented. Local bargaining units identified in the declaration filed by the exclusive bargaining representative are not required to file a separate calculation of all expenditures attributed to the costs of collective bargaining, contract administration, and grievance adjustment. For fiscal year 2011-2012, $100,000.00 is appropriated to the commission for the costs of implementing this subsection. For fiscal year 2014-2015, $100,000.00 is appropriated to the commission for the costs of implementing this subsection.
  (10) Except for actions required to be brought under subsection (6), a person who suffers an injury as a result of a violation or threatened violation of subsection (3) may bring a civil action for damages, injunctive relief, or both. In addition, a court shall award court costs and reasonable attorney fees to a plaintiff who prevails in an action brought under this subsection. Remedies provided in this subsection are independent of and in addition to other penalties and remedies prescribed by this act.

 

History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;– Am. 1973, Act 25, Imd. Eff. June 14, 1973 ;– Am. 2012, Act 53, Imd. Eff. Mar. 16, 2012 ;– Am. 2012, Act 349, Eff. Mar. 28, 2013 ;– Am. 2014, Act 414, Imd. Eff. Dec. 30, 2014


Constitutionality: In Lehnert v Ferris Faculty Association, 500 US 507; 111 S Ct 1950; 114 L Ed 2d 572 (1991), the United States Supreme Court held that a collective-bargaining unit constitutionally may compel its employees to subsidize only certain union activities. “[I]n determining which activities a union constitutionally may charge to dissenting employees … chargeable activities must (1) be ‘germane’ to collective-bargaining activity; (2) be justified by the government’s vital policy interest in labor peace and avoiding ‘free riders’; and (3) not significantly add to the burdening of free speech that is inherent in the allowance of an agency or union shop.”Ruling on the respondent union’s disputed activities, the Court held:(1) The respondent may not charge the funds of objecting employees for a program designed to secure funds for Michigan public education or for that portion of a union publication that reports on those activities. The Court found none of the activities “to be oriented toward the ratification or implementation of petitioner’s collective-bargaining agreement.”(2) The respondent may bill dissenting employees for their share of general collective-bargaining costs of the state or national parent union. The district court had found these costs to be germane to collective bargaining and similar support services; the court agreed with the finding.(3) The respondent may not charge for the expenses of litigation that does not concern the dissenting employees’ bargaining unit or, by extension, union literature reporting on such activities. The Court found extra-unit litigation to be proscribed by the First Amendment of the United States Constitution because it is “more akin to lobbying in both kind and effect” and not germane to a union’s activities as an exclusive bargaining agent.(4) The respondent may not bill for certain public relations activities. The Court states: “[T]he … activities … entailed speech of a political nature in a public forum. More important, public speech in support of the teaching profession generally is not sufficiently related to the union’s collective-bargaining functions to justify compelling dissenting employees to support it. Expression of this kind extends beyond the negotiation and grievance-resolution contexts and imposes a substantially greater burden upon First Amendment rights … .”(5) The respondent may charge for those portions of a union publication that concern teaching and education generally, professional development, unemployment, job opportunities, union award programs, and miscellaneous matters. The Court noted that such informational support services are neither political nor public in nature and that expenditures for them benefit all, without additional infringements upon the First Amendment.(6) The respondent may bill for fees to send delegates to state and national affiliated conventions. The Court found that participation by local members in the formal activities of the parent is an important benefit of affiliation and an essential part of a union’s discharge of its duties as a bargaining agent.(7) The respondent may charge expenses incidental to preparation for a strike which, had it occurred, would have been illegal under Michigan law. The Court, noting that the Michigan Legislature had imposed no restriction, stated there was no First Amendment limitation on such charges. The Court added that such expenses are “substantively indistinguishable from those appurtenant to collective-bargaining negotiations … enure to the direct benefit of members of the dissenters’ unit … and impose no additional burden upon First Amendment rights.”


Compiler’s Notes: Enacting section 1 of Act 349 of 2012 provides:”Enacting section 1. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act.”Enacting section 1 of Act 414 of 2014 provides:”Enacting section 1. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperable shall be severable from the remaining portions of this act.”


Popular Name: Public Employment Relations
Rendered 1/3/2024 16:25:27 Michigan Compiled Laws Complete Through PA 319 of 2023
Courtesy of www.legislature.mi.gov

THE SOCIAL WELFARE ACT (EXCERPT)
Act 280 of 1939

400.106a “Michigan freedom to work for individuals with disabilities law” as short title of section; medical assistance to individuals with earned income; establishment of program; limitation; permitted acts; premium; basis; sliding fee scale; revenue; limitation; waiver; definitions.

Sec. 106a.

  (1) This section shall be known and may be cited as the “Michigan freedom to work for individuals with disabilities law”.
  (2) The department of community health shall establish a program to provide medical assistance to individuals who have earned income and who meet all of the following initial eligibility criteria:
  (a) The individual has been found to be disabled under the federal supplemental security income program or the social security disability income program, or would be found to be disabled except for earnings in excess of the substantial gainful activity level as established by the United States social security administration.
  (b) The individual is at least 16 years of age and younger than 65 years of age.
  (c) The individual has a countable income level of not more than 250% of the current federal poverty guidelines for a family of 1.
  (d) The individual’s assets meet the medicare part D extra help low income subsidy (LIS) and medicare savings program (MSP) asset limit, as adjusted annually.
  (e) The individual is employed on a regular and continuing basis.
  (3) The program is limited to the medical assistance services made available to recipients under the medical assistance program administered under section 105.
  (4) Without losing eligibility for medical assistance, an individual who qualifies for and is enrolled under this program is permitted to do all of the following:
  (a) Accumulate personal savings and assets not to exceed $75,000.00.
  (b) Accumulate unlimited retirement and individual retirement accounts with income from employment while enrolled in the freedom to work for individuals with disabilities program. Assets described in this subdivision shall remain excluded from eligibility consideration for other medicaid programs for the individual even if he or she loses eligibility under this section.
  (c) Have temporary breaks in employment that do not exceed 24 months if the temporary breaks are the result of an involuntary layoff or are determined to be medically necessary or for relocation necessary due to employment in this state.
  (d) Work and have income that exceeds the amount permitted under section 106, but shall not have unearned income that exceeds 250% of the federal poverty guidelines.
  (5) The department of community health shall establish a premium that is based on the enrolled individual’s earned and unearned income. An enrolled individual shall pay a sliding fee scale monthly premium based on an annual review of total gross income as follows:
  (a) No premium for individuals with gross income less than 138% of the federal poverty guidelines for a family of 1.
  (b) Beginning the effective date of the 2014 amendatory act that amended this subdivision, a premium of up to 7.5% per month of gross income for individuals who have total gross income between 138% of the federal poverty guidelines for a family of 1 and $75,000.00 annual adjusted gross income.
  (c) A premium of 100% of the average freedom to work program participant cost for an enrolled individual with adjusted gross income over $75,000.00 annually.
  (d) The premium for an enrolled individual shall generally be assessed on an annual basis based on the annual return required to be filed under the internal revenue code of 1986 or other evidence of earned income and shall be payable on a monthly basis. The premium shall be adjusted during the year when a change in an enrolled individual’s rate of annual income changes.
  (6) Revenue received from premiums collected under this section shall not exceed $3,000,000.00 per year.
  (7) If the terms of this section are inconsistent with federal regulations governing federal financial participation in the medical assistance program, the department of community health may to the extent necessary waive any requirement set forth in subsections (1) to (6).
  (8) As used in this section:
  (a) “Adjusted gross income” means that term as defined in section 62 of the internal revenue code of 1986.
  (b) “Countable income”, “earned income”, and “unearned income” mean those terms as used by the department in determining eligibility for the medical assistance program administered under this act.
  (c) “Federal poverty guidelines” means the poverty guidelines published annually in the federal register by the United States department of health and human services under its authority to revise the poverty line under section 673(2) of subtitle B of title VI of the omnibus budget reconciliation act of 1981, 42 USC 9902.

 

History: Add. 2003, Act 32, Imd. Eff. July 2, 2003 ;– Am. 2012, Act 356, Eff. Mar. 28, 2013 ;– Am. 2014, Act 518, Imd. Eff. Jan. 14, 2015
Popular Name: Act 280
Rendered 1/3/2024 16:47:56 Michigan Compiled Laws Complete Through PA 319 of 2023
Courtesy of www.legislature.mi.gov

National Labor Relations Act

The Law

National Labor Relations Act

In 1935, Congress passed the National Labor Relations Act (“NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers’ full freedom of association. The NLRA protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation.

What’s the Law?

The National Labor Relations Act protects most employees whether the workplace is unionized or non-unionized. Visit this page to learn more about strikes, concerted activity, the use of social media under the NLRA, union dues, and much more.

Jurisdictional Standards

The Board has statutory jurisdiction over private sector employers whose activity in interstate commerce exceeds a minimal level. Over the years, it has established standards for asserting jurisdiction, which are described below.

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New laws for 2024 – Buckle Up

New laws for 2024 – Buckle Up

Jan 2, 2024 | Blog, USA news

States nationwide will welcome the upcoming year with the implementation of laws tackling crucial matters such as gun violence, book bans, and the introduction of gender-neutral toy sections. These legislative advancements are set to take effect throughout 2024, reflecting a commitment to address critical issues and promote a more inclusive society.

Michigan to get new gun laws

Michigan’s Legislature passed a package of legislation to reduce gun violence that’s set to go into effect early this year.

The package, passed in the Democratic-controlled Legislature largely along party lines, encompasses red flag laws, stricter background checks, safe gun storage requirements, and an eight-year prohibition on individuals convicted of domestic violence from purchasing, owning, or transporting firearms.

Monisha Henley, the senior vice president of government affairs at the gun violence prevention group Everytown for Gun Safety

Henley said she believes Michigan’s new laws can serve as an example for other states, given that the state has “everything from a large city to a rural population to high gun ownership.”

SAO

Several states have new laws regulating guns.

A new law in Minnesota will enable authorities to seek court orders known as “extreme risk protection orders” to temporarily confiscate firearms from individuals considered an imminent threat to themselves or others. With this development, Minnesota becomes the 20th state to implement such a red-flag law.

Colorado is joining a group of twelve states in banning ghost guns, firearms that are assembled at home or 3D-printed without serial numbers. These practices have allowed owners to circumvent background checks, which the new law aims to address.

The U.S. Supreme Court’s decision to allow an Illinois law prohibiting high-powered semiautomatic rifles and high-capacity magazines to take effect on Monday showcases a significant development. Conversely, a California law aiming to ban the carrying of concealed guns in several public places was recently halted by a federal judge. These contrasting rulings highlight the ongoing debates surrounding gun control regulations in the United States.

TAXES AND WAGES

The new year heralds the introduction of a diverse range of laws concerning taxes and wages; enduring subjects for state governments.

More than 20 states are set to increase their minimum wages, exacerbating the disparity between state mandates and the long-standing federal minimum of $7.25 per hour, which has remained unchanged since July 2009. In multiple states, the newly established minimum wage will surpass double the current rate.

Maryland, New Jersey, Connecticut, New York City, California, and Washington will all see an increase in their minimum wages. The new rates for these states will be $15, $15.13, $15.69, $16 (in most of the state), $16, and $16.28 per hour, respectively.

Residents in certain states will receive financial benefits as they will pay fewer taxes, aligning with the ongoing three-year trend in which almost every state has taken measures to decrease, refund, or pause various types of broad-based taxes. Discover how these tax reductions can positively impact your financial well-being today.

In Kansas, families will experience a significant reduction in the sales tax on groceries, with it decreasing from 4% to 2%.

This step towards eliminating the tax altogether will result in an annual savings of $208 for a family spending an average of $200 weekly on groceries. Gee thanks alot.

About 1 million tax filers are expected to benefit from Connecticut’s first income tax rate reduction since the mid-1990s.

Lower-income workers and retirees can also expect to reap the rewards of enhanced tax breaks.

Missouri also will reduce its income tax rate while expanding tax exemptions for Social Security benefits and military training pay.

Businesses can benefit from tax credits when they hire interns or apprentices.

Alabama will exempt overtime pay from the state’s income tax, though that lasts only until June 2025 unless renewed by lawmakers.

Gender-neutral toy aisles

Starting in January, major retailers in California will be required to feature gender-neutral toy sections in their stores. These new sections must offer a “reasonable selection” of toys that can be enjoyed by children of any gender, eliminating the practice of marketing toys exclusively towards boys or girls. This move towards inclusivity aims to provide an equal and diverse toy-buying experience for all children.

The law does not mandate the removal of boy- or girl-focused toy sections within stores, but instead encourages the expansion of these sections to encompass toys that are inclusive and suitable for children of any gender.

The law, passed by the Legislature and signed by Gov. Gavin Newsom in 2021, is aimed specifically at retailers with at least 500 employees across their state locations, which excludes smaller stores. Retailers will be fined $250 for not following the law, followed by $500 fines for repeat offenses.

Assembly member Evan Low, a primary supporter of the bill, emphasized that this measure aims to facilitate the comparison of similar products offered by major retailers, without perpetuating harmful gender stereotypes that negatively impact vulnerable children.

Read The Law

Komorn Law is Michigan’s top cannabis law firms when it comes to licensing, consulting and legal defense.

Call them if you’re thinking about venturing into the marijuana business in Michigan (248) 357-2550

Illinois’ anti-book ban law

Illinois will be the pioneering state in enforcing a groundbreaking law against book bans. This legislation mandates the adoption of the American Library Association’s Library Bill of Rights by the state librarian and library staff members across Illinois.

This crucial document firmly asserts that reading materials should never be proscribed or removed solely due to partisan or personal disapproval. To ensure compliance, public libraries must embrace the association’s language or establish equivalently worded prohibitions, failing which they will be deemed ineligible for state grants.

An increasing number of books have faced bans in multiple states. According to the nonprofit free speech advocacy group PEN America, they found 3,362 instances of individual books being banned during the 2022-23 school year, impacting 1,557 unique titles. This marks a 33% increase from the previous academic year. The states where these bans were most prevalent include Texas, Florida, Missouri, Utah, and South Carolina, as indicated in the group’s report.

PEN America’s report revealed that 30% of the books that were banned during the first half of the 2022-23 school year focused on race, racism, or included characters of color.

Another 26% of the banned books featured LGBTQ characters or themes. Furthermore, a broader range of titles have been impacted by bans this year — 44% of them depict violence and abuse, 38% address topics of health and well-being, and 30% delve into death and grief. These bans are a direct response from school districts to “unclear legislation,” leading to the removal of a significant number of books even before any formal review takes place, as stated in the report.

“The concept of banning books contradicts the very essence of what our country stands for,”

said Illinois Secretary of State Alexi Giannoulias, who initiated the legislation and serves as the state librarian.

“It also defies what education is all about: teaching our children to think for themselves.”

See the 2022 List 

See The List in Databse Format

Free to dangle in Illinois.

Starting Monday, motorists in that area can now drive without the concern of being pulled over by the police simply because they have items hanging from their rearview mirror. This policy change means that items such as air fresheners, parking placards, and even dice are now allowed to be displayed without fear of retribution.

New York cracks down on ‘puppy mills’

New York state is taking a crucial step this year by implementing a ban on pet stores from selling dogs, cats, and rabbits. This progressive move aims to safeguard these animals from the distressing treatment and substandard conditions prevalent in certain commercial breeding facilities referred to as “puppy mills” by critics. It is important to note that this law does not prevent shops from featuring animals obtained from shelters, offering them for adoption and giving them a chance at finding a loving home.

Gov. Kathy Hochul proudly signed the legislation in December 2022, expressing her satisfaction with the significant strides that will be taken to reduce cruel treatment and safeguard the well-being of animals throughout the state.

Over-the-counter contraceptives

The Food and Drug Administration’s decision in July to approve the first nonprescription oral contraceptive is expected to greatly expand access to birth control in 2024 when Opill becomes available.

Additionally, some states are now allowing pharmacists to prescribe hormonal birth control, making it even easier to obtain without visiting a doctor.

Since 2016, a total of 29 states have enacted legislation permitting pharmacists to prescribe hormonal birth control methods without the need for a doctor’s involvement. This empowers individuals seeking hormonal birth control to conveniently access it without scheduling doctor’s appointments. Notably, in 2024, Rhode Island and New Jersey will join the ranks of states implementing such measures.

New laws in Montana and Nevada will provide greater access to contraceptives for individuals.

In Montana, the law ensures that insurance coverage allows for 12-month prescriptions of contraceptives. Nevada has already made contraceptive prescriptions accessible through pharmacists and permits 12-month supplies. Additionally, the government will be prohibited from imposing any limitations or requirements that hinder people’s access to birth control or reproductive health services. These legislative advancements ensure that individuals can acquire the necessary contraception and reproductive healthcare without unnecessary obstacles.

DATING and PORNOGRAPHY

Several state laws extensively address appropriate online activities. A new Connecticut law requires online dating operators to adopt policies for handling harassment reports by or between users, ensuring a safe and respectful environment for all individuals involved.

A North Carolina law mandates that operators of pornographic websites verify the age of viewers using a widely accessible database, ensuring they are at least 18 years old.

The law empowers parents to take legal action against companies if their children were granted access to explicit content.

Another new Illinois law will allow lawsuits from victims of deepfake pornography, in which videos or images are manipulated without their consent.

LGBTQ+ ISSUES

Over the past few years, there has been a significant conservative effort to limit the accessibility of gender-affirming treatments for transgender minors. Currently, 22 states have implemented bans, with some jurisdictions pausing enforcement as they deliberate on the policies’ validity.

New restrictions on the availability of puberty blockers, hormone therapy, and surgery for minors, which are not commonly performed, are set to be implemented on January 1st. Idaho, Louisiana and West Virginia. 

The West Virginia law Contains an exception: Adolescents, under the condition of parental consent and an official diagnosis of severe gender dysphoria from two doctors, can still access treatment.

A law taking effect Monday in Hawaii requires new marriage certificates to be issued to people who request to change how their sex is listed.

The state also is replacing gender-specific terms in state law; “mother” is being replaced with “birthing parent” and “father” with “non-birthing parent.”

In Colorado, new buildings wholly or partly owned by government entities will be required to have on every floor where there are public restrooms at least one that does not specify the gender of the users.

The conservative push on LGBTQ+ policies also has come with efforts to keep certain books out of school or public libraries. An Indiana law taking effect makes it easier for parents and others to challenge books in school libraries. By contrast, a new Illinois law would block state funding for public libraries that ban or restrict books.

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New laws in Michigan for 2024

New laws in Michigan for 2024

Jan 1, 2024 | Blog, Your Rights

Michigan teens can pre-register to vote

With the next election season, Michigan Democrats passed a new law that allows 16-year-old high school students in the state to pre-register to vote.

“Michigan led the nation in youth voter turnout in the 2022 elections and we are working to build on that progress in 2024,” said Michigan Secretary of State Jocelyn Benson. “This new law helps us prepare the next generation of voters to inherit their democracy, bolstering our state’s commitment to engaging young people, educating them about the democratic process, and getting them ready to cast a ballot once they turn 18. I’m proud of the work we’ve done to energize Michigan’s young voters and look forward to implementing this policy to continue to make elections accessible for everyone.”

The law permits 16-year-olds to pre-register, as the Michigan Department of Education collaborates with the Secretary of State to ensure eligibility and material coordination.

Minimum Wage Increase

On January 1, 2024 Michigan’s minimum wage will increase from $10.10 to $10.33.

This law was enacted by the state’s Improved Workforce Opportunity Wage Act of 2018 and established an annual schedule of increases.

Another raise coming on Jan. 1, 2025, to establish the state’s minimum wage at $10.56.

For tipped workers, the minimum wage will increase to $3.93 per hour, up from $3.84.

The State law requires that, when tips are received, the combined tip and hourly rate must equal the required minimum hourly wage.

Michigan’s Gun Laws

A package of gun laws was introduced in Lansing, intended to help protect people from gun violence.

Michigan Democrats were able to buse their power obtained in the 2022 elections to get the three bills through both the House and Senate and onto the desk of Governor Gretchen Whitmer.

Safe Storage: If you own a gun or if a minor is expected to be in your home, a gun owner will be required to lock their weapon away

Background checks: Someone purchasing a firearm at a gun show or through a private sale will need to have their background checked regardless of how they are buying it

‘Red flag’: establish a pathway for extreme risk protection orders – intended to remove the potential of violence for those who may have mental health problems or have threatened others.

Read more about it it here

No you don’t have the ‘right-to-work’ anymore

In February, Michigan’s right-to-work law will be repealed, marking a significant milestone as the state becomes the first in decades to overturn a union-restricting law known as “right-to-work,” which was enacted over a decade ago by a Republican-controlled Legislature.

The state’s “right-to-work” law, which allowed individuals in unionized workplaces to opt out of paying union dues and fees, has been repealed. This repeal is celebrated as a significant triumph for organized labor, especially considering the record-low union membership rates experienced last year. No dues and fees – no contributions.

The Democratic lawmakers pushed through the repeal, which Whitmer said would restore workers’ rights and protect Michiganders on the job.

Michigan expands Elliot-Larsen Act

Whitmer signed an expansion of the Elliot-Larsen Act – which includes protection from discrimination based on sexual orientation or gender identity/expression.

The act safeguards the rights of individuals within the LGBTQ+ community concerning employment, housing, education, and access to accommodations.

Michigan repeals third-grade reading law

Whitmer has also taken action by signing a bill that repeals Michigan’s third-grade reading law, which was implemented in 2016 due to the fact that less than half of Michigan third graders achieved a passing score on the reading section of M-Step..

In 2016, the state of Michigan enacted a law that required schools to identify students who were struggling with reading and writing. The law would hold students behind for a year if they are more than one grade level behind.

That law ends in 2024.

Starting next year, students will not be held back if they receive a low score. Instead, parents will receive information about intervention options.

Michigan’s bold energy plan

It has been a seven-year journey, but Michigan now proudly presents its ambitious clean energy plan, with the goal of achieving 100% clean energy by 2040.

In late November, Whitmer signed the historic Clean Energy & Climate Action Package.

The legislation aims to enhance clean energy production by utilizing specific government mechanisms. This includes granting the Michigan Public Service Commission the authority to spearhead large-scale solar power projects, a role previously undertaken by local governments.

The state has set ambitious targets for its energy production in the coming years. By 2040, the goal is to generate all of its energy from clean sources. To make this vision a reality, the state has established milestones of achieving 50% clean energy by 2030 and 60% by 2035. Currently, the state derives 12% of its energy from renewable sources, primarily wind.

The act goes into place on Feb. 27, 2024.

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