reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1803 - Definitions.

691.1803 Definitions.
Sec. 3.
As used in this act:
(a) "C.J.I.S. policy council act" means the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
(b) "Dating relationship" means a relationship that consists of frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
(c) "Extreme risk protection order" means an order issued by a court under section 7.
(d) "Family member" means an individual who is related to the respondent as any of the following:
(i) A parent.
(ii) A son or daughter.
(iii) A sibling.
(iv) A grandparent.
(v) A grandchild.
(vi) An uncle or aunt.
(vii) A first cousin.
(e) "Guardian" means that term as defined in section 1104 of the estates and protected individuals code, 1998 PA 386, MCL 700.1104.
(f) "Health care provider" means any of the following:
(i) A physician, physician's assistant, nurse practitioner, or certified nurse specialist licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, or a physician, physician's assistant, nurse practitioner, or certified nurse specialist licensed in another state.
(ii) A mental health professional as that term is defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b, or a mental health professional licensed in another state.
(g) "Law enforcement agency" means any of the following:
(i) A sheriff's department.
(ii) The department of state police.
(iii) A police department of a township, village, or incorporated city.
(iv) The public safety department of an institution of higher education created under or described in article VIII of the state constitution of 1963.
(v) The public safety department of a community or junior college.
(vi) The public safety department or office of a private college.
(h) "Law enforcement officer" means a law enforcement officer as that term is defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(i) "Petitioner" means the individual who requests an extreme risk protection order in an action under section 5.
(j) "Possession or control" includes, but is not limited to, actual possession or constructive possession by which the individual has the right to control the firearm, even though the firearm is in a different location than the individual. Possession or control does not require the individual to own the firearm.
(k) "Respondent" means the individual against whom an extreme risk protection order is requested in an action under section 5.
(l) "Restrained individual" means the individual against whom an extreme risk protection order has been issued and is in effect.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1806 - Expedited Hearing for Extreme Risk Protection Order; Notice; Change of Venue; Use of Video Conferencing Technology.

691.1806 Expedited hearing for extreme risk protection order; notice; change of venue; use of video conferencing technology.
Sec. 6.
(1) The court in which an action is filed under section 5 shall expedite and give priority to a hearing on the issuance of an extreme risk protection order and to any other hearings required under this act.
(2) Except as provided in section 7(2), the respondent must receive notice of a hearing on the issuance of an extreme risk protection order and give the respondent an opportunity to be heard at the hearing.
(3) The court may enter an order to change the venue of an action filed under section 5 for any reason allowed under the Michigan court rules, including, but not limited to, the convenience of the parties and witnesses. The court may consider the location of firearms owned or possessed by the respondent in deciding whether to enter an order under this subsection.
(4) The court may allow proceedings in an action filed under section 5 to be conducted using video conferencing technology or communication equipment as allowed under Michigan court rules and administrative orders.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1811 - Duties of the Clerk of the Court; Notifications.

691.1811 Duties of the clerk of the court; notifications.
Sec. 11.
(1) The clerk of a court that issues an extreme risk protection order shall do all of the following immediately after issuance and without requiring a proof of service on the restrained individual:
(a) Provide a true copy of the order to the law enforcement agency designated under section 9(1)(g).
(b) Provide the petitioner with at least 2 true copies of the order.
(c) If the restrained individual is identified in the complaint as an individual described in section 5(5), notify the individual's employer, if known, of the existence of the order. It is the intent of the legislature that the restrained individual's employer work with the restrained individual's union or bargaining representative under this subdivision to avoid the restrained individual losing the individual's employment or compensation and benefits while the extreme risk protection order is in effect.
(d) Notify the department of state police and the clerk of the restrained individual's county of residence of the existence of the order for purposes of performing their duties under 1927 PA 372, MCL 28.421 to 28.435.
(e) Inform the petitioner that the petitioner may take a true copy of the order to the law enforcement agency designated under section 9(1)(g) to be immediately provided to the Federal Bureau of Investigation and, unless a local entering authority is designated under section 9(1)(h), into the law enforcement information network.
(2) The clerk of the court that issued the extreme risk protection order shall immediately notify the law enforcement agency designated under section 9(1)(g) if any of the following occur:
(a) The clerk receives proof that the restrained individual has been served.
(b) The order is rescinded, modified, or extended.
(c) The order expires without being extended.
(3) A local entering authority designated under section 9(1)(h) shall enter the order into the law enforcement information network as provided by the C.J.I.S. policy council act.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1813 - Service of Extreme Risk Protection Order.

691.1813 Service of extreme risk protection order.
Sec. 13.
(1) Except as provided in subsection (2), an extreme risk protection order must be served on the restrained individual in person, by registered or certified mail, return receipt requested, by delivery to the last known address of the restrained individual, or by any other means allowed under Michigan court rules as decided by the court.
(2) If the court has ordered the immediate surrender of the individual's firearms, the order must be served personally by a law enforcement officer. If the restrained individual has not been served, a law enforcement officer who knows that the order exists may, at any time, serve the restrained individual with a true copy of the order or advise the restrained individual of the existence of the order, the specific conduct enjoined, the penalties for violating the order, and where the restrained individual may obtain a copy of the order.
(3) The individual who serves an extreme risk protection order or the law enforcement officer who gives oral notice of the order shall file proof of service or proof of oral notice with the clerk of the court that issued the order and the petitioner.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1817 - Issuance of Extended Extreme Risk Protection Order.

691.1817 Issuance of extended extreme risk protection order.
Sec. 17.
The petitioner may move the court to issue, or the court on its own motion may issue, 1 or more extended extreme risk protection orders, each effective for 1 year after the expiration of the preceding order. The court shall only issue an extended order under this section if the preponderance of the evidence shows that the restrained individual can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual by possessing a firearm, and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation. The petitioner or the court, as applicable, shall give the restrained individual written notice of a hearing on a motion to extend the order.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1818 - List of Licensed Firearm Dealers.

691.1818 List of licensed firearm dealers.
Sec. 18.
Each circuit court shall prepare a list of trusted licensed firearm dealers located in the jurisdiction of the circuit court. In preparing this list, the court may obtain a list of currently licensed firearm dealers in the court's jurisdiction from the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1819 - Refusal or Failure to Comply With Extreme Risk Protection Order; Making a False Statement in Complaint; Penalties.

691.1819 Refusal or failure to comply with extreme risk protection order; making a false statement in complaint; penalties.
Sec. 19.
(1) An individual who refuses or fails to comply with an extreme risk protection order is guilty and subject to penalties as follows, which may be imposed in addition to a penalty imposed for another criminal offense arising from the same conduct:
(a) For a first offense under this subsection, guilty of a felony punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(b) For a second offense under this subsection, guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(c) For a third or subsequent offense under this subsection, guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $20,000.00, or both.
(2) If a court or a jury finds that the restrained individual has refused or failed to comply with an extreme risk protection order, the court that issued the order shall issue an extended extreme risk protection order effective for 1 year after the expiration of the preceding order.
(3) The court may also enforce an extreme risk protection order by charging the restrained individual with contempt of court under chapter 17 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1701 to 600.1745.
(4) A petitioner who knowingly and intentionally makes a false statement to the court in the complaint or in support of the complaint under this act is guilty and subject to penalties as follows:
(a) For a first offense under this subsection, guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(b) For a second offense under this subsection, guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(c) For a third or subsequent offense under this subsection, guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $20,000.00, or both.
(5) An individual who knowingly places a firearm in the possession of an individual who is restrained under an extreme risk protection order is guilty of a felony punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1820 - Effect of Act.

691.1820 Effect of act.
Sec. 20.
This act does not do either of the following:
(a) Limit the ability of the petitioner to request relief under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a.
(b) Limit the ability of an individual to file a petition under section 434 of the mental health code, 1974 PA 258, MCL 330.1434.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 38 of 2023 - Extreme Risk Protection Order Act (691.1801 - 691.1821) › Section 691.1821 - Annual Report on Application of the Act.

691.1821 Annual report on application of the act.
Sec. 21.
(1) The state court administrative office, acting at the direction of the supreme court, shall prepare an annual report on and relating to the application of this act by the courts.
(2) The report required by this section must contain all of the following:
(a) The number of actions filed for extreme risk protection orders.
(b) The number of requests made for extreme risk protection orders to be issued without notice under section 7(2).
(c) The number of extreme risk protection orders issued and the number denied.
(d) The number of extreme risk protection orders issued without notice under section 7(2) and the number denied.
(e) The number of extreme risk protection orders that are rescinded.
(f) The number of extreme risk protection orders entered without notice under section 7(2) that are rescinded.
(g) The number of extreme risk protection orders that are renewed.
(h) To the extent ascertainable from available state court data, the number of individuals who are restrained under an emergency risk protection order who, within 30 days after entry of the order, are charged with a criminal offense, giving the nature of the criminal offense, whether it was an offense for the violation of the emergency risk protection order, and the disposition or status of the offense.
(i) To the extent ascertainable from available state court data, the number of petitioners who were prosecuted for knowingly and intentionally making a false statement to the court in a complaint or in support of the complaint under this act.
(j) To the extent ascertainable from available state court data, the number of individuals who were prosecuted for knowingly placing a firearm or ammunition in the possession of a restrained individual.
(k) Demographic data regarding the individuals who are petitioners and respondents in actions for extreme risk protection orders.
(3) The state court administrative office, acting under the direction of the supreme court, shall publish a report prepared under this section annually and provide the report to the legislature and the legislative committees with jurisdiction over judicial matters.
(4) The state court administrative office shall make the data used to prepare the report under this section available annually to individuals, including, but not limited to, the Institute for Firearm Injury and other researchers affiliated with institutions of higher education, who are conducting academic or policy research, including, but not limited to, any disproportionate or discriminatory impact of this act on members of protected classes.
History:
2023, Act 38, Eff. Feb. 13, 2024
Popular Name:
Red flag law
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - R.S. of 1846 - Revised Statutes of 1846 (692.1 - 692.20)

Revised Statutes of 1846
R.S. of 1846
692.1-692.20 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 133 of 1885 - Foreclosure of Mortgages by Advertisement; Attorney Fee (692.31 - 692.31)

FORECLOSURE OF MORTGAGES BY ADVERTISEMENT; ATTORNEY FEE
Act 133 of 1885
692.31 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 143 of 1937 - Foreclosure of Mortgages by Advertisement; Deficiency Judgments (692.51 - 692.51)

FORECLOSURE OF MORTGAGES BY ADVERTISEMENT; DEFICIENCY JUDGMENTS
Act 143 of 1937
692.51 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 110 of 1925 - Estates of Deceased Persons, Minors, and Incompetents (692.151 - 692.155)

ESTATES OF DECEASED PERSONS, MINORS, AND INCOMPETENTS
Act 110 of 1925
692.151-692.155 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - R.S. of 1846 - Revised Statutes of 1846 (692.311 - 692.314)

Revised Statutes of 1846
R.S. of 1846
692.311-692.314 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - R.S. of 1846 - Revised Statutes of 1846 (692.401 - 692.411)

Revised Statutes of 1846
R.S. of 1846
692.401-692.411 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 171 of 1937 - Receivers of Mortgaged Property; Prevention of Waste (692.501 - 692.501)

RECEIVERS OF MORTGAGED PROPERTY; PREVENTION OF WASTE
Act 171 of 1937
692.501 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 138 of 1949 - Salaries of Circuit Court Clerks (692.601 - 692.602)

SALARIES OF CIRCUIT COURT CLERKS
Act 138 of 1949
692.601,692.602 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 28 of 1952 - Use of Lethal Gases for Fumigation (692.621 - 692.624)

USE OF LETHAL GASES FOR FUMIGATION
Act 28 of 1952
692.621-692.624 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 45 of 1953 - Destruction of Property by Minors (692.661 - 692.662)

DESTRUCTION OF PROPERTY BY MINORS
Act 45 of 1953
692.661,692.662 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 164 of 1953 - Service of Process Issued by Circuit Court Commissioners (692.671 - 692.676)

SERVICE OF PROCESS ISSUED BY CIRCUIT COURT COMMISSIONERS
Act 164 of 1953
692.671-692.676 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 128 of 1954 - Blood Tests to Determine Paternity (692.751 - 692.755)

BLOOD TESTS TO DETERMINE PATERNITY
Act 128 of 1954
692.751-692.755 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 234 of 1957 - Eastern Orthodox as Major Religious Faith (692.821 - 692.822)

EASTERN ORTHODOX AS MAJOR RELIGIOUS FAITH
Act 234 of 1957
692.821-692.822 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 126 of 1958 - Suits to Adjudicate Questions of Obscenity (692.841 - 692.850)

SUITS TO ADJUDICATE QUESTIONS OF OBSCENITY
Act 126 of 1958
692.841-692.850 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 692 - Judiciary › Repealed - Act 182 of 1958 - Defense in Civil Actions Related to Suspected Shoplifting (692.861 - 692.861)

DEFENSE IN CIVIL ACTIONS RELATED TO SUSPECTED SHOPLIFTING
Act 182 of 1958
692.861 Repealed. 1961, Act 236, Eff. Jan. 1, 1963.
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Repealed - Act 642 of 1978 - Revised Probate Code (700.1 - 700.993)

REVISED PROBATE CODE
Act 642 of 1978
700.1-700.993 Repealed. 1979, Act 51, Imd. Eff. July 7, 1979;—1980, Act 396, Imd. Eff. Jan. 8, 1981;—1988, Act 222, Eff. Jan. 1, 1989;—1998, Act 386, Eff. Apr. 1, 2000.
Popular Name:
Act 642
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1001 - Short Title.

700.1001 Short title.
Sec. 1.
This act shall be known and may be cited as the "fiduciary access to digital assets act".
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1003 - Applicability

700.1003 Applicability
Sec. 3.
(1) Subject to subsections (2), (3), and (4), this act applies to all of the following:
(a) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this act.
(b) A personal representative acting for a decedent who died before, on, or after the effective date of this act.
(c) A proceeding involving a conservator commenced before, on, or after the effective date of this act.
(d) A trustee acting under a trust created before, on, or after the effective date of this act.
(2) This act applies to a digital custodian if the user resides in this state or resided in this state at the time of the user's death.
(3) This act does not impair an accrued right or an action taken in a proceeding before the effective date of this act.
(4) This act does not apply to a digital asset of an employer used by an employee in the ordinary course of business.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1004 - Disclosure of User's Digital Assets; Use of Online Tool to Direct Digital Custodian; Contrary Provision.

700.1004 Disclosure of user's digital assets; use of online tool to direct digital custodian; contrary provision.
Sec. 4.
(1) A user may use an online tool to direct the digital custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the contents of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an online tool to give direction under subsection (1) or if the digital custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital assets, including the contents of electronic communications sent or received by the user.
(3) A user's direction under subsection (1) or (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms-of-service agreement.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1005 - Access and Use of Digital Assets; Change or Impairment of Right of Digital Custodian or User Under Terms-of-Service Agreement; New or Expanded Rights; Modification or Elimination of Access to Digital Assets.

700.1005 Access and use of digital assets; change or impairment of right of digital custodian or user under terms-of-service agreement; new or expanded rights; modification or elimination of access to digital assets.
Sec. 5.
(1) This act does not change or impair a right of a digital custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(2) This act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or who the fiduciary or designated recipient represents.
(3) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 4.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1006 - Disclosure of Digital Assets by Digital Custodian; Requirements.

700.1006 Disclosure of digital assets by digital custodian; requirements.
Sec. 6.
(1) When disclosing the digital assets of a user under this act, the digital custodian may at its sole discretion do any of the following:
(a) Grant a fiduciary or designated recipient full access to the user's account.
(b) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.
(c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the digital custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A digital custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this act.
(3) A digital custodian is not required to disclose under this act a digital asset deleted by a user.
(4) If a user directs or a fiduciary requests a digital custodian to disclose under this act some, but not all, of the user's digital assets, the digital custodian is not required to disclose the requested digital assets if segregation of the requested digital assets would impose an undue burden on the digital custodian. If the digital custodian believes the direction or request imposes an undue burden, the digital custodian or fiduciary may seek an order from the court to disclose any of the following:
(a) A subset limited by date of the user's digital assets.
(b) All of the user's digital assets to the fiduciary or designated recipient.
(c) None of the user's digital assets.
(d) All of the user's digital assets to the court for review in camera.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1007 - Disclosure of Deceased User's Electronic Communications to Personal Representative; Procedure.

700.1007 Disclosure of deceased user's electronic communications to personal representative; procedure.
Sec. 7.
If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, a digital custodian shall disclose to the personal representative of the user the content of an electronic communication sent or received by the user if the personal representative gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A copy of the death certificate of the user.
(c) A certified copy of the letters of authority of the personal representative, a small-estate affidavit, or other court order.
(d) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the contents of electronic communications.
(e) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the user's account.
(ii) Evidence linking the account to the user.
(iii) A finding by the court that:
(A) The user had a specific account with the digital custodian, identifiable by the information specified in subparagraph (i).
(B) Disclosure of the content of electronic communications of the user would not violate 18 USC 2701 to 2707, 47 USC 222, or other applicable law.
(C) Unless the user provided direction using an online tool, the user consented to disclosure of the contents of electronic communications.
(D) Disclosure of the contents of electronic communications of the user is reasonably necessary for administration of the estate.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1008 - Disclosure of Other Digital Assets of Deceased User to Personal Representative.

700.1008 Disclosure of other digital assets of deceased user to personal representative.
Sec. 8.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a digital custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the personal representative gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A copy of the death certificate of the user.
(c) A certified copy of the letters of authority of the personal representative, a small-estate affidavit, or a court order.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the user's account.
(ii) Evidence linking the account to the user.
(iii) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate.
(iv) A finding of the court that:
(A) The user had a specific account with the digital custodian, identifiable by the information specified in subparagraph (i).
(B) Disclosure of the contents of electronic communications of a user is reasonably necessary for administration of the estate.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1009 - Disclosure of Content of Electronic Communications Sent or Received by Principal.

700.1009 Disclosure of content of electronic communications sent or received by principal.
Sec. 9.
To the extent a power of attorney grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a digital custodian shall disclose to the agent the content of electronic communication if the agent gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) An original or copy of the power of attorney granting the agent the authority over the content of electronic communications of the principal.
(c) An affidavit from the agent under section 5505 of the estates and protected individuals code, 1998 PA 386, MCL 700.5505.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the principal's account.
(ii) Evidence linking the account to the principal.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1010 - Disclosure of Other Digital Assets of Principal.

700.1010 Disclosure of other digital assets of principal.
Sec. 10.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a digital custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and any digital assets, other than the content of electronic communications, of the principal if the agent gives to the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) An original or a copy of the power of attorney that gives the agent authority over digital assets or general authority to act on behalf of the principal.
(c) An affidavit from the agent under section 5505 of the estates and protected individuals code, 1998 PA 386, MCL 700.5505.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the principal's account.
(ii) Evidence linking the account to the principal.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1011 - Disclosure of Content of Electronic Communication Held in Trust When Trustee Is Original User.

700.1011 Disclosure of content of electronic communication held in trust when trustee is original user.
Sec. 11.
Unless otherwise ordered by the court or provided in a trust, a digital custodian shall disclose to the trustee that is an original user of an account any digital assets of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1012 - Disclosure of Content of Electronic Communication When Trustee Not Original User.

700.1012 Disclosure of content of electronic communication when trustee not original user.
Sec. 12.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a digital custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the digital custodian in the account of the trust if the trustee gives to the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certificate of the trust under section 7913 of the estates and protected individuals code, 1998 PA 386, MCL 700.7913, that includes consent to disclosure of the contents of electronic communications to the trustee.
(c) A certification of the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the trust's account.
(ii) Evidence linking the account to the trust.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1013 - Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.

700.1013 Disclosure of other digital assets held in trust when trustee not original user.
Sec. 13.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a digital custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the digital custodian in the account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certificate of the trust under section 7913 of the estates and protected individuals code, 1998 PA 386, MCL 700.7913.
(c) A certification of the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the trust's account.
(ii) Evidence linking the account to the trust.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1014 - Disclosure of Protected Person's Digital Assets to Conservator.

700.1014 Disclosure of protected person's digital assets to conservator.
Sec. 14.
(1) After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person.
(2) Unless otherwise ordered by the court or directed by the user, a digital custodian shall disclose to a conservator the catalogue of electronic communications sent or received by the protected person and any digital asset, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the court order that gives the conservator authority over the digital assets of the protected person.
(c) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the account of the protected person.
(ii) Evidence linking the account to the protected person.
(3) A conservator may request a digital custodian of digital assets of a protected person to suspend or terminate an account of the protected person for good cause. A request made under this subsection must be accompanied by a certified copy of the conservator's letters of authority or other order appointing the conservator.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1016 - Digital Custodian; Compliance; Liability; Immunity.

700.1016 Digital custodian; compliance; liability; immunity.
Sec. 16.
(1) Not later than 56 days after receipt of the information required under sections 7 to 14, a digital custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the digital custodian fails to comply, the fiduciary or designated recipient may petition or otherwise apply to the court for an order directing compliance.
(2) An order under subsection (1) directing compliance must contain a finding that compliance is not in violation of 18 USC 2702.
(3) A digital custodian that receives a certificate of trust under section 12 or 13 may require the trustee to provide copies of excerpts from the original trust instrument and later amendments that designate the trustee and, if the trustee is requesting content of electronic communications, that includes consent to disclosure of the contents of electronic communications to the trustee.
(4) A digital custodian or other person that demands the trust instrument in addition to a certificate of trust under section 12 or 13 or demands excerpts under subsection (3) is liable for damages to the same extent the digital custodian or other person would be liable under section 7913 of the estates and protected individuals code, 1998 PA 386, MCL 700.7913.
(5) This act does not limit the right of a person to obtain a copy of a trust instrument in a judicial proceeding concerning the trust.
(6) A digital custodian may notify the user that a request for disclosure or to terminate an account was made under this act.
(7) A digital custodian may deny a request under this act from a fiduciary or designated recipient for disclosure or to terminate an account if the digital custodian is aware of any lawful access to the account following the receipt of the request.
(8) This act does not limit the digital custodian's ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination of an account under this act to obtain a court order that does any of the following:
(a) Specifies that an account belongs to the protected person or principal.
(b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure.
(c) Contains a finding required by law other than this act.
(9) A digital custodian and its officers, employees, and agents are immune from liability for an action done in good faith in compliance with this act.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1017 - Limiting, Eliminating, or Modifying Powers of Personal Representative; Court Order.

700.1017 Limiting, eliminating, or modifying powers of personal representative; court order.
Sec. 17.
Notwithstanding section 7 or 8, an interested person may file a petition in the court for an order to limit, eliminate, or modify the personal representative's powers with respect to the decedent's digital assets. On receipt of a petition under this section, the court shall set a date for a hearing on the petition. The hearing date must not be less than 14 days or more than 56 days after the date the petition is filed, except for good cause.
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018) › Section 700.1018 - Electronic Signatures in Global and National Commerce Act; Effect.

700.1018 Electronic signatures in global and national commerce act; effect.
Sec. 18.
This act modifies, limits, or supersedes the electronic signatures in the global and national commerce act, 15 USC 7001 to 7006, but does not modify, limit, or supersede 15 USC 7001(c) or authorize electronic delivery of any of the notices described in 15 USC 7003(b).
History:
2016, Act 59, Eff. June 27, 2016
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 330 of 2016 - Qualified Dispositions in Trust Act (700.1041 - 700.1050) › Section 700.1041 - Short Title.

700.1041 Short title.
Sec. 1.
This act shall be known and may be cited as the "qualified dispositions in trust act".
History:
2016, Act 330, Eff. Mar. 8, 2017
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 330 of 2016 - Qualified Dispositions in Trust Act (700.1041 - 700.1050) › Section 700.1043 - Probate Court; Jurisdiction; Venue.

700.1043 Probate court; jurisdiction; venue.
Sec. 3.
(1) The probate court has exclusive jurisdiction over an action that addresses either of the following questions:
(a) Whether a transfer is a qualified disposition.
(b) The extent of the transferor's interest in, or the income from, a qualified disposition.
(2) The probate court has concurrent jurisdiction over an action brought under section 5(2).
(3) Venue for a proceeding under subsection (1) or (2) is as follows:
(a) For a trust registered under section 7209 of the estates and protected individuals code, 1998 PA 386, MCL 700.7209, the place of registration.
(b) For a trust that is not registered, in any place where the trust properly could be registered.
(4) If a trust has no qualified trustee and has not been registered, and there is no place in this state where the trust properly could be registered, venue for a proceeding under subsection (1) or (2) is in the following order of priority, except to the extent otherwise provided by court rule:
(a) In a county in this state in which the immediately preceding qualified trustee had its usual place of business or residence.
(b) In a county in this state in which a trust beneficiary resides.
(c) In a county in this state in which any trust property is located.
(d) In any county in this state.
History:
2016, Act 330, Eff. Mar. 8, 2017
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 330 of 2016 - Qualified Dispositions in Trust Act (700.1041 - 700.1050) › Section 700.1048 - Qualified Trustee; Successor.

700.1048 Qualified trustee; successor.
Sec. 8.
(1) If a person serving as qualified trustee ceases to meet the requirements of a qualified trustee and there remains no trustee that meets the requirements of a qualified trustee, the person serving as qualified trustee is considered to have resigned as of the time of the cessation, and the successor qualified trustee provided for in the trust instrument becomes a qualified trustee of the trust on the successor qualified trustee's acceptance of trusteeship, or in the absence of a successor qualified trustee provided for in the trust instrument, the probate court shall, on petition of a qualified trust beneficiary, appoint a successor qualified trustee.
(2) A disposition that was a qualified disposition does not cease to be considered a qualified disposition as a result of a subsequent vacancy in the position of qualified trustee if a successor qualified trustee is appointed or a proceeding for the appointment of a successor qualified trustee is commenced within a reasonable time after a person with authority to appoint a qualified trustee or commence a proceeding to appoint a qualified trustee knows of the vacancy.
History:
2016, Act 330, Eff. Mar. 8, 2017