[Michlib-l] Does anybody know yet? 11th hour change to EST Act about nonprofits?

[Membiela, Clare (MDE)]

Hello John:

Here is a copy of the enrolled bill - https://www.legislature.mi.gov/documents/2025-2026/billenrolled/House/pdf/2025-HNB-4002.pdf

Here is the legislation's page (with analyses, etc.)
https://www.legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-4002

It looks like the amendment process cleaned up the language regarding the definition of "Employer." The term "nonprofit agency" was removed from the definition - but that doesn't mean those entities are exempted - the language of the final definition is pretty clear that ALL employers other than US Federal government employees are included:

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Perhaps they were looking at a previous version?

Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

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From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of John Clexton via Michlib-l
Sent: Friday, February 21, 2025 11:00 AM
To: michlib-l at mcls.org
Subject: [Michlib-l] FW: Does anybody know yet? 11th hour change to EST Act about nonprofits?

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From: John Clexton
Sent: Friday, February 21, 2025 10:47 AM
To: Michigan Library Association <mla at milibraries.org<mailto:mla at milibraries.org>>
Cc: Membiela, Clare (MDE) <MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>>
Subject: Does anybody know yet? 11th hour change to EST Act about nonprofits?


This morning, our finance team received a memo containing the following statement:

The definition of "employer" expressly exempts a "nonprofit agency" from its definition. Beyond this, the legislation does not provide exemptions for any businesses or organizations (though see "accrual" for new rules regarding small businesses).

Does this exemption refer to certified nonprofits or nonprofits categorized by tax code?

Does our financial people have it wrong?

I would appreciate any clarification on this matter.

Thank you,
John

John Clexton
2025 ARSL President
Library Director
Gladwin County District Library
jclexton at gcdl.org<mailto:jclexton at gcdl.org>
989-347-1007
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