Senate considers bill making governor, lawmakers eligible for FOIA

Senate considers bill making governor, lawmakers eligible for FOIA

Why this was not a thing and passed decades ago would be a good question.

The Senate oversight committee will review a bill that aims to extend Michigan’s Freedom of Information Act to cover lawmakers and the governor’s office.

Senate Bills 669 and 670 aim to expand Michigan’s current FOIA laws by including the Legislature and the governor’s office. These proposed changes would grant individuals the opportunity to request records and other pertinent information from government organizations, enabling them to gain crucial insights into their operations.

The bill carried over to 2024.

Senate Bill 670 seeks to expand the reach of FOIA law, making it applicable not only to lawmakers and the governor’s office but also mandating House and Senate leaders to appoint a dedicated FOIA coordinator for each chamber.

This proposed legislation aims to enhance transparency and accountability within our government by ensuring that key figures and decision-makers are subject to the same level of scrutiny and public access.

Senate Bill 670 is closely linked to Senate Bill 669, which serves to refine the law by incorporating essential cybersecurity safeguards. Additionally, it extends exemptions from FOIA regulations to encompass personal notes taken by board members during public meetings.

Michigan stands out from other states as it remains one of just two states that do not subject lawmakers and governors to FOIA exemptions.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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FAQs About Restoring Your Drivers License in Michigan

FAQs About Restoring Your Drivers License in Michigan

Frequently Asked Questions about Restoring Your Driver’s License in Michigan

Here’s what you need to know

What are the steps to restore my driver’s license in Michigan?

The steps to restore your driver’s license in Michigan vary depending on the reason your license was revoked or suspended. However, there are some general steps that apply to all cases:

 

  1. Pay all outstanding fines and fees. You can check your driving record online to see how much you owe.
  2. Complete any required driver improvement courses. This may include a substance abuse assessment and treatment program, if your license was revoked or suspended due to a DUI.
  3. Schedule a hearing with the Michigan Secretary of State (SOS). You can do this online or by calling the SOS at 517-335-1946.
  4. Attend your hearing and present your case to the SOS hearing officer. The hearing officer will review your driving record and any evidence you provide to determine whether or not to reinstate your license.

How much does it cost to restore my driver’s license in Michigan?

The cost to restore your driver’s license in Michigan varies depending on the reason your license was revoked or suspended.  It may be harder to get it back if you have numerous or other charges linked to the supension. You will most likely need an Attorney to fight for you.

There is a standard reinstatement fee of $125. You may also have to pay additional fees, such as the cost of any required driver improvement courses.

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Have your driving priviledges been revoked?
Has your professional license been suspended?
Second Amendment rights taken away?
Have you been charged with a crime?

Call our office to see if we can help
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Do I need a lawyer to restore my driver’s license in Michigan?

It is not required to have a lawyer to restore your driver’s license in Michigan. However, a lawyer can help you understand the process and prepare for your hearing. If you have a complex case, or if you are not sure how to proceed, it is a good idea to consult with an attorney.

How long does it take to restore my driver’s license in Michigan?

The amount of time it takes to restore your driver’s license in Michigan varies depending on the reason your license was revoked or suspended. If you have all of the required documentation and you are able to present a strong case to the SOS hearing officer, your license may be reinstated relatively quickly.

However, if your case is complex or if you have a history of driving offenses, it may take longer to get your license back.

Where can I get more information about restoring my driver’s license in Michigan?

You can find more information about restoring your driver’s license in Michigan on the Michigan Secretary of State website:

  • License Restoration – Michigan Secretary of State: https://www.michigan.gov/sos/license-id/license-restoration
  • Road to Restoration – Michigan Secretary of State: https://www.michigan.gov/sos/license-id/road-to-restoration

You can also contact the SOS Driver’s License Restoration Division at 517-322-1946 for more information.

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Cannabis Tax Payments Being Distributed in Michigan

Cannabis Tax Payments Being Distributed in Michigan

Adult-Use Marijuana Tax Payments Being Distributed In Michigan

Here’s what they say…

Treasury: Adult-Use Marijuana Payments Being Distributed to Michigan Municipalities and Counties; More Than $59.5 Million Going to 224 Municipalities and Counties.

Sales of “legal” marijuana in Michigan contributed $266.2 million in tax revenue to the government during the most recent fiscal year, according to a new report from the legislature’s nonpartisan House Fiscal Agency.

That’s more than the state made from the sale of beer, wine and liquor combined. 

February 28, 2023

The Michigan Department of Treasury today announced that more than $59.5 million is being distributed among 224 municipalities and counties as a part of the Michigan Regulation and Taxation of Marijuana Act.

Over the next few days, 81 cities, 26 villages, 53 townships and 64 counties will receive payments from the Marihuana Regulation Fund. For the state of Michigan’s 2022 fiscal year, this means each eligible municipality and county will receive more than $51,800 for every licensed retail store and microbusiness located within its jurisdiction.

“Municipalities and counties will begin seeing these payments appear in their banking accounts,” State Treasurer Rachael Eubanks said. “Through a partnership, the dollars received from the adult-use marijuana taxes and fees are distributed to our participating communities.”

Revenue was collected from 574 licensees among the state’s cities, villages and townships during the 2022 fiscal year. Some of these municipalities host more than one licensed retail store and microbusiness.

For the 2022 state fiscal year, there was $198.4 million available for distribution from the Marihuana Regulation Fund.

State law outlines how much is distributed from the Marihuana Regulation Fund.

Aside from the more than $59.5 million in disbursements to municipalities and counties, $69.4 million was sent to the School Aid Fund for K-12 education and another $69.4 million to the Michigan Transportation Fund.

In total, more than $1.8 billion in adult-use marijuana sales was reported for Fiscal Year 2022.

“The team at the CRA does an amazing job and our effective regulatory approach allows our licensees to provide Michigan’s cannabis consumers the safest possible product,” said CRA Executive Director Brian Hanna. “The funding that makes its way to local governments through the excise tax collected by licensed retailers is an important benefit of the regulated cannabis industry and the CRA is committed to doing our part in supporting our law-abiding licensees.”

 

Where they say the money goes…

Adult-Use (Recreational) Marijuana

Adult Use Break Downs
$226m – $59m = $167m (left over after distribution…nice haul)

Marijuana funds collected under the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) are distributed, upon appropriation, as follows:

  • 15% to municipalities in which a marijuana retail store or a marijuana microbusiness is located, allocated in proportion to the number of marijuana retail stores and marijuana microbusinesses within the municipality.
  • 15% to counties in which a marijuana retail store or a marijuana microbusiness is located, allocated in proportion to the number of marijuana retail stores and marijuana microbusinesses within the county.
  • 35% to the School Aid Fund to be used for K-12 education.
  • 35% to the Michigan Transportation Fund to be used for the repair and maintenance of roads and bridges.

Links

For more information about adult-use marijuana tax distributions – including a breakdown of how much municipalities and counties received – go to Michigan.gov/RevenueSharing. To learn more about Michigan’s adult-use marijuana industry, go to Michigan.gov/cra.

Source: https://www.michigan.gov/treasury/news/2023/02/28/adult-use-marijuana-payments-being–distributed-to-michigan-municipalities-and-counties

Have your rights been violated?
Have your driving priviledges been revoked?
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Call our office to see if we can help
Komorn Law  248-357-2550

More is always better for the Government

Legislative Update 12-9-22

Liquor tax funding change means $25 million boost to counties

A two-bill package designed to extend the capture of liquor tax revenue that counties use for substance abuse programs passed during the last days of the legislative session this week and will soon mean a $25 million boost to counties.

Senate Bills 1222-23, by Sen Wayne Schmidt (R-Grand Traverse), amend the State Convention Facilities Authority Act to extend the sunset on the capture of liquor tax revenue for improvements to the convention facility in Detroit and therefore extend the sunset on the collection of liquor tax revenue for counties.

The issues were tied together when the act was created. Under current law, the collection and allocation of the liquor tax revenue expires once the bonds for the convention facility are paid off. Due to recent increases in liquor tax revenue, those bonds are scheduled to be paid off 13 years early, which would eliminate the future collection of revenue and deplete the allocation to counties. This two-bill package does not extend the 2039 deadline for the bonds to be paid off, but it does allow the facility authority to issue additional bonds for improvements.  

MAC has been working with representatives from the authority to address our need to have counties’ annual allocation reflective of the collection of the liquor tax revenue. Current law states counties receive an increase in their allocation based on a percentage above the previous year’s allocation, not on a percentage of the total tax collected. The excess tax collected is instead allocated to the reduction of the bond debt of the authority. (Again, due to the increase in liquor tax revenue, those bonds are scheduled to be paid off early.)

By allowing the authority to issue additional debt for improvements, the bills do something significant for counties. Beginning in 2023, the baseline allocation in liquor tax dollars for counties will increase by approximately 48 percent — or $25 million. (See county-by-county estimates.) The annual increase will remain the same as current law of 1 percent additional each year, but the baseline will be reset every three years to reflect the increase in revenue from the liquor tax.

Also, current law states 50 percent of the liquor tax revenue received by counties must be allocated to substance abuse programs. SBs 1222-23 will change that requirement to 40 percent (though no less than the amount allocated in FY22). In short, this will be a significant increase in funds toward substance abuse programs and an increase in the amount counties can allocate to their general funds. 

The bills are now headed to the governor for her expected signature.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

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

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.

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.

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