Michigan Executive Orders Update December 1 2023

Michigan Executive Orders Update December 1 2023

Dec 3, 2023 | Blog, Michigan Laws

What is an Executive Order?

The Michigan Constitution of 1963 vests the executive power of the state in the Governor. That power can be exercised formally by executive order. Executive orders may reorganize agencies within the executive branch of state government, reassign functions among executive branch agencies, create temporary agencies, establish an advisory body, commission, or task force, proclaim or end an emergency, or reduce expenditures authorized by appropriations. Once signed by the Governor, executive orders are filed with the Secretary of State, where the orders are sealed and retained by the Office of the Great Seal.

Executive Order 2023-10: Declaration of State of Emergency

Executive Order 2023-9: Declaration of State of Emergency

Executive Order 2023-8: Declaration of State of Emergency

Executive Order 2023-7: Declaration of State of Emergency

Executive Directive 2023-4: Expediting Permits and Adding Accountability Measures

Executive Order 2023-6: Michigan Department of Lifelong Education, Advancement, and Potential Executive Reorganization

Executive Order 2023-5: LGBTQ+ Commission

Executive Order 2023-4: Growing Michigan Together Council

Executive Directive 2023-3: Helping Michiganders Pay for College

Executive Directive 2023-2: Protecting Health Insurance for Michiganders

Executive Order 2023-3: Declaration of State of Emergency

Executive Order 2023-2: Declaration of State of Emergency

Executive Order 2023-1: Community Development Block Grants

Executive Directive 2023-1: Inclusive State Contracting

Executive Directive 2022-13: Constitutional Right to Reproductive Freedom

Executive Order 2022-14: Juvenile Residential Facilities Advisory Committee

Executive Order 2022-13: Declaration of State of Emergency

Executive Directive 2022-12: Lowering the Cost of Insulin

Executive Order 2022-12: Michigan Opioids Task Force

Executive Order 2022-11: Michigan Center for Data and Analytics

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This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

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Whitmer signs bill stripping gun rights for non-violent offenders

Whitmer signs bill stripping gun rights for non-violent offenders

Nov 30, 2023 | Blog, Michigan Laws, Michigan News, Your Rights

Gov. Gretchen Whitmer proudly showcases a crucial bipartisan gun violence bill package that she recently signed into law, underscoring her unwavering dedication to safeguarding the lives of those vulnerable to domestic violence. This essential measure reflects the governor’s commitment towards protecting those in need.

The bills aim to prevent individuals convicted of misdemeanor domestic violence from buying, having, or carrying firearms for a period of eight years after their sentence.

According to an analysis by the Michigan House Fiscal Agency, House Bill 4945 aims to update the sentencing guidelines, preventing individuals convicted of domestic violence from purchasing or possessing firearms or ammunition for a duration of eight years.

The bill aims to broaden the definition of a felony, expanding the range of crimes resulting in individuals being prohibited from possessing, using, or transferring firearms or ammunition for three years after completing their sentence.

Senate Bill 471 renders illegal firearm and ammunition possession by individuals convicted of misdemeanor domestic violence.

According to Senate Legislative Analysis, SB 471 would broaden the scope of felony possession prohibitions to include offenses punishable by more than one year but less than four years of imprisonment, committed under the laws of other states and the United States.

But the bills also cover a wide range of nonviolent offenses and misdemeanors, including breaking into vending machines and parking meters, tampering with electronic tethers, occupying properties without permission, causing pollution, illegally recording in a movie theater, and engaging in joyriding.

All in all, these bills enforce restrictions on the possession and sale of firearms and ammunition in over 100 legal situations unrelated to domestic violence.

According to an analysis by the Michigan House Fiscal Agency, House Bill 4945 aims to update the sentencing guidelines, preventing individuals convicted of domestic violence from purchasing or possessing firearms or ammunition for a duration of eight years.

The bill aims to broaden the definition of a felony, expanding the range of crimes resulting in individuals being prohibited from possessing, using, or transferring firearms or ammunition for three years after completing their sentence.

Senate Bill 471 renders illegal firearm and ammunition possession by individuals convicted of misdemeanor domestic violence.

According to Senate Legislative Analysis, SB 471 would broaden the scope of felony possession prohibitions to include offenses punishable by more than one year but less than four years of imprisonment, committed under the laws of other states and the United States.

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Read the House Bill 4945 summary here

https://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-4945-9B3EF036.pdf

LINKS TO PUBLIC LAW AND BILLS

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Ohio Bill Introduced to Allow Each City to Ban Marijuana

Ohio Bill Introduced to Allow Each City to Ban Marijuana

Nov 29, 2023 | Blog, Know Your Rights, Michigan Laws

With just over a week until Ohio’s voter-approved marijuana legalization law takes effect, a lawmaker has introduced a bill that would allow individual municipalities to locally ban the use and home cultivation of cannabis in their jurisdictions.

The legislation aims to modify the distribution of state marijuana tax revenue, specifically by decreasing funding allotted to social equity and jobs programs and redirecting it towards law enforcement training.

While Issue 2, approved by voters, specifically banned localities from prohibiting marijuana use, home cultivation, or scientific research, as well as imposing extra local taxes on cannabis products, the current bill aims to eliminate these crucial provisions, which could potentially result in a fragmented set of policies statewide.

Issue 2 currently grants municipalities the option to exclude new recreational cannabis companies from establishing themselves in their area. However, municipalities are unable to prevent existing medical marijuana enterprises from incorporating adult-use operations on-site, even if they express a desire to do so.

The bill as introduced would change how the state would need to appropriate cannabis tax revenue by adding two new funds: one for substance misuse and recovery services and another for law enforcement training.

You can follow the progress of the bill here.

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Legislation Brings Needed Changes to Educator Evaluation Laws

Legislation Brings Needed Changes to Educator Evaluation Laws

Nov 3, 2023 | Blog, Michigan Laws

October 10, 2023

LANSING – Senate Bills 395-396 bring needed changes to Michigan’s time-intensive educator evaluation system and will allow teachers and school administrators to spend more time focused on students, according to the Michigan Department of Education.

“This legislature has accomplished a great deal this session in terms of much-needed investments in education funding and in addressing flaws in education policy,” saidState Superintendent Dr. Michael Rice. “Improving educator evaluation laws will be the next major legislative effort to improve public education for students.”

This effort to improve educator evaluation laws is critical for at least two reasons, both associated with time—for children to learn and teachers to teach, Dr. Rice said.

“First, it is vitally important because we have spent so much time evaluating staff, not to thebenefitof children but rather at theexpenseof time that could and should have been spent educating children,” Dr. Rice said. “Bottom line–we need to pour more time into teaching children.”

The second reason according to Dr. Rice is that the state legislature will likely not revisit this topic for several years. “What we do on this topic now will affect our children for a decade,” he said.

The bills before the Senate Education Committee would provide the opportunity for effective teachers to be formally evaluated every three years instead of annually or biennially, but would permit more frequent evaluation if necessary; and provide school administrators time to have a more significant focus on the needs of inexperienced and otherwise struggling staff who require more assistance to become effective teachers of children.

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Dr. Rice said that the committee is making strong progress in improving educator evaluations in Michigan, and that he appreciated the continued work being done in having a measure of student growth or student learning objective included in the educator evaluation process. 

“Although the state summative assessments should never have been part of educator evaluations and should be removed from the evaluation process, we believe strongly that some portion of educator evaluations should be associated with a student growth or student learning objective measure, locally determined between teacher and administrator, based on the teachers’ subjects, grade levels, and individual goals,” Dr. Rice said.

“This is a matter of student growth as well as the professional growth of educators,” he said. “We have to get it right.” 

The Senate Education Committee heard testimony on Senate Bills 395-396 today and is expected to take action on the legislation soon. 

UPDATE – NOW A PUBLIC ACT (READ IT)

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It’s not hard to be accused of being a Menace in Michigan

It’s not hard to be accused of being a Menace in Michigan

Oct 19, 2023 | Arrested, Blog, Michigan Laws

“You are a menace, you’re talking louder than me, you don’t agree with me and now you’re pointing at me with gun fingers. I feel threatened! I’m calling the police”.

All over a minor disagreement – probably about paper or plastic.

Police arrive and can only do what they do best. Arrest the person who didn’t call first or who isn’t performing better as the victim.

You are now charged with Michigan law MCL 750-411h and/or MCL 750-540.

You are a menace to society and will be treated as such.

When you say to the police this person was physically assaulting (MCL 750-81) you as you were trying to leave and blocked you in unlawfully imprisoning ( MCL 750-349b) you with their car (considered a dangerous weapon). The so called victim just screams louder as the performance escalates…

The police now add the charge of resisting arrest MCL 750-81d cause you objected and questioned the reason for your arrest and then you stepped left instead of right disobeying their command.

You’re lucky they didn’t throw more charges at you. Makes easier to get you to plead to a lower charge. Less work.

You are now listed as a threat to law enforcement prompting extreme measures and cautions when you have another encounter. You are a menace.

BTW the “victim” is recording everything to post on their you tube and tik-tok to generate hits which generates cash. You are now a menace and a comodity to be shared and humiliated by the world.  Your photo is on their gofundme page seeking emotional safespace donations to get away for a few days and bury this nightmare with a bunch of alcohol by the pool.

You get scolded by the system and told “you should have just walked away, got in your car and left.”

You did and it’s all on tape. You were being filmed, assaulted and blocked from leaving by a nutball claiming they are the victim.

Good job menace – Your now an internet sensation and everybody hates you.

Meanwhile dealing with the courts and law enforcement trying to get documentation and evidence – the “just say no generation” is saying “NO” to your rights or “it’s an ongoing investigation”.

They deny FOIA requests, overcharge for everything and charge for services and documents you thought your tax dollars paid for and just making your life more difficult.

Lesson learned about the system.

You are a menace. What’s a menace to do? Submit and Obey and be labeled a menace in the document vault forever.

Hey menace… Make it easy and plead out. Pay the victim restitution, fines, service fees, convenience fees, the fees to cover the cost of fees, electronic transfer fees, court fees and parking fees.  Don’t worry about work loss, your fuel costs, finding a babysitter. Admit guilt and move on menace.

Pleading leads to a life sentance of being a menace

Fight back

If you don’t want to submit and plead and want to fight for your rights.  Call us here at Komorn Law (248) 357-2550.

We have defended these cases and similar with positive outcomes.

The only thing an opponent respects is strength.

TIP – Shut up, tape everything and stream it if you can. Leave ASAP. When the police come they are going to take whatever you got and turn it into evidence against you. Especially your words.

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Being a Menace in Michigan – FAQs 

Menacing is a crime in Michigan that involves intentionally placing another person in fear of serious physical harm. It can be charged as either a misdemeanor or a felony, depending on the circumstances of the offense.

What is menacing?

Menacing is defined in Michigan law as intentionally placing another person in reasonable fear of serious physical harm. This can be done through words, gestures, or actions. For example, menacing could include:

  • Threatening to harm someone
  • Displaying a weapon in a threatening manner
  • Following someone in a way that makes them feel unsafe
  • Sending threatening messages or emails

What are the penalties for menacing?

Menacing is a misdemeanor punishable by up to 90 days in jail and a fine of up to $1,000. However, if the menacing is aggravated, it can be charged as a felony punishable by up to five years in prison and a fine of up to $10,000. Aggravated menacing is defined as menacing that is committed:

  • Against a protected person, such as a police officer, firefighter, or healthcare worker
  • With a dangerous weapon
  • By someone who has been previously convicted of a crime of violence

What should I do if I am being menaced?

If you are being menaced, the most important thing is to stay safe. If you are in immediate danger, call 911. If you are not in immediate danger, but you are still feeling threatened, you should report the menacing to the police. You should also keep a record of all threats and incidents of menacing, so that you can have evidence to support your case if you need to go to court.

Links to Michigan laws regarding menacing:

Q: What is the difference between menacing and assault?

A: Assault is the act of intentionally threatening or attempting to harm someone. Menacing is the act of intentionally placing someone in fear of serious physical harm. The key difference is that assault requires a threat or attempt to harm someone, while menacing only requires that someone be placed in fear of harm.

Q: What is the difference between menacing and stalking?

A: Stalking is a pattern of behavior that is intended to harass, intimidate, or threaten someone. Menacing can be a part of stalking, but it is not the same thing. Stalking is a more serious crime, and it can be charged even if the victim is not in immediate fear of harm.

Q: I am being menaced by my ex-partner. What can I do?

A: If you are being menaced by your ex-partner, you should report the menacing to the police and seek a restraining order. A restraining order can prohibit your ex-partner from contacting you or coming near you. You may also want to consider moving to a new location or changing your phone number.

Q: I am being menaced by a stranger. What can I do?

A: If you are being menaced by a stranger, you should stay safe and report the menacing to the police. You should also try to get a description of the stranger, so that the police can look for them. If you are followed, try to go to a public place or call 911.

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Disturbing the Peace – Laws and Penalties in Michigan

Disturbing the Peace – Laws and Penalties in Michigan

Mar 16, 2023 | Blog, Educational, Michigan Laws

What are the laws and penalties of disturbing the peace in Michigan?

Have you ever been in a situation where someone’s behavior was so disruptive that it made you feel uncomfortable or unsafe? Maybe it was someone yelling loudly in public, creating a disturbance at a party, or engaging in violent behavior. These types of behaviors are considered to be disturbing the peace and can result in serious legal consequences. In Michigan, there are laws in place to protect individuals from these types of disruptions. This article will discuss the types of behaviors that violate disturbing the peace laws and the penalties associated with them.

Law enforcement on the scene will make the determination of whether you are “disturbing the peace” a typical catch all charge or lowered charge negotiated down from a higher criminal allegation.

Types of Behaviors that Violate Disturbing the Peace Laws

According to Michigan law, disturbing the peace is defined as any act that disturbs or disrupts the public peace. This can include a wide range of behaviors such as:

Loud Noises

Loud noises are one of the most common forms of disturbing the peace. This can include anything from shouting or screaming loudly in public to playing loud music late at night. It’s important to note that while some noise may be unavoidable, excessive noise can be deemed as disruptive and may lead to legal action.

Noise Ordinances

Many cities and towns have specific noise ordinances in place to regulate loud noises within residential areas. These ordinances typically prohibit loud noises after a certain time period (usually 10 pm) and may also limit how much noise is allowed during specific hours.

Fighting or Physical Altercations

Any type of physical altercation or fighting can be considered disturbing the peace under Michigan law. This includes both verbal altercations that escalate into physical violence as well as fights that were premeditated.

Potential Consequences

The penalties for fighting or physical altercations vary depending on various factors like whether any injuries occurred, whether weapons were used, and if minors were involved. The penalties range from misdemeanors with potential fines up to $500 and/or up to 90 days imprisonment for simple assault charges to felonies carrying up to life imprisonment for more severe offenses like aggravated assault with intent to commit murder.

Disrupting Public Meetings

Public meetings such as city council meetings or community gatherings are intended for individuals to express their opinions respectfully without being interrupted by others’ unwelcome behavior.

Potential Consequences

If an individual disrupts a public meeting by using inappropriate language, making excessive noise, interrupting speakers repeatedly, etc., they may face charges for disturbing public meetings which carries possible jail time and fines up to $5000.

Disorderly Conduct

Disorderly conduct refers to any type of behavior deemed disorderly by law enforcement officials such as drunkenness causing a disturbance in public places or obscene language while walking down a street.

Potential Consequences

Individuals convicted under disorderly conduct charges may face up-to 90 days imprisonment or potential fines up-to $500 depending on severity.

Penalties Associated with Violating Disturbing the Peace Laws

The penalties associated with violating disturbing the peace laws vary widely depending on several factors such as prior criminal record and severity of crime committed; age ranges also play an important role when sentencing juveniles/young adults who violate these laws.

In Michigan:

For first-time offenders who engage in minor disturbances likely pay fines ranging from $50-$200.
Repeat violators will face harsher sentences including jail terms up-to 93 days imprisonment.
If minors are involved then there is an increased possibility for juvenile detention centers.

Conclusion

Disturbing the peace laws exist across states across America because they’re designed solely keeping citizens’ safety interests intact while not letting anyone else cause discomfort due to unruly behavior regardless of circumstances behind said unacceptable actions. Noise-related violations are by far some common disruptions; however, fighting & altercations at events involving large crowds also pose problems frequently. Likewise, breaking municipal rules during official functions could spark debates; disrupting social settings through disorderly conduct makes matters worse altogether.

Therefore, it’s essential everyone abides by state-mandated regulations about disturbing-the-peace policies failing which one could face legal consequences outlined above. Hopefully, this article has shed light on what constitutes disturbing-the-peace scenarios & the necessary steps required for avoiding them altogether!

If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
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Michigan Laws

State Michigan Legislature – Michigan Compiled Laws

Check the state MCL website here for any updates and of course consult an Attorney.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.167 Disorderly person; subsequent violations by person convicted of refusing or neglecting to support family; breastfeeding or expressing breast milk exempt.

Sec. 167.

(1) A person is a disorderly person if the person is any of the following:

(a) A person of sufficient ability who refuses or neglects to support his or her family.

(b) A common prostitute.

(c) A window peeper.

(d) A person who engages in an illegal occupation or business.

(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.

(f) A person who is engaged in indecent or obscene conduct in a public place.

(g) A vagrant.

(h) A person found begging in a public place.

(i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed.

(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.

(k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.

(l) A person who is found jostling or roughly crowding people unnecessarily in a public place.

(2) If a person who has been convicted of refusing or neglecting to support his or her family under this section is charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender or third and subsequent offender as provided in section 168, if the family of that person is then receiving public relief or support.

(3) A mother’s breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under subsection (1) regardless of whether or not her areola or nipple is visible during or incidental to the breastfeeding or expressing of breast milk.

750.168 Disorderly person; penalty.

Sec. 168.

(1) Except as provided in subsection (2), a person convicted of being a disorderly person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(2) A person convicted of being a disorderly person under section 167d is guilty of a felony punishable as follows:

(a) Except as provided in subdivision (b), by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.

(b) If the person was previously convicted of violating section 167d, by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.

328-1931-XXIX – CHAPTER XXIX DISTURBING MEETINGS (750.169…750.170)

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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.