Hello John:

 

I will look into this now, but public libraries have NEVER been considered as “non-profits.” Even if your library has a 501(c)(3), you are still a governmental entity.

 

I will get info back to everyone as soon as I have it.

Clare

 

 

Clare D. Membiela, MLS, J.D.

Library Law Consultant

Library of Michigan

MembielaC@michigan.gov

517-335-8132

 

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

 

“the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge.” Griswold v. Connecticut, 381 U.S. 479, 482 (1965).

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

 

CAUTION: This is an External email. Please send suspicious emails to abuse@michigan.gov

 

 

 

From: John Clexton
Sent: Friday, February 21, 2025 10:47 AM
To: Michigan Library Association <mla@milibraries.org>
Cc: Membiela, Clare (MDE) <MembielaC@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@gcdl.org

989-347-1007