reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2018 - Pyramid Promotional Scheme Act (445.2581 - 445.2586) › Section 445.2584 - Reasonable Cause; Attorney General Duties; Cease and Desist Requirements; Circuit Court Review.

445.2584 Reasonable cause; attorney general duties; cease and desist requirements; circuit court review.
Sec. 4.
(1) If the attorney general has reasonable cause to believe that a person has engaged or is about to engage in any act or practice that violates this act, or any order issued under this act, the attorney general may do any of the following:
(a) Subject to subsections (2) and (3), issue a cease and desist order against any person that is engaged in the prohibited activities, directing the person to cease and desist from further illegal activities.
(b) Bring an action in the circuit court for the county in which the violation is believed to have occurred, or in the circuit court for Ingham County, to do any of the following:
(i) Enjoin the acts or practices that violate this act.
(ii) Enforce compliance with this act or any order issued under this act.
(iii) Recover a civil fine of not more than $10,000.00 for each violation. Fines assessed and recovered under this section must be paid to the state treasurer and credited to the state general fund.
(2) A cease and desist order issued under this section must state all of the following:
(a) The effective date of the order.
(b) The intent or purpose of the order.
(c) The grounds on which the order is based.
(3) A person aggrieved by a cease and desist order issued under this section may obtain a review of the order in the Ingham County circuit court.
(4) Upon a proper showing to the circuit court, a permanent injunction, temporary injunction, or restraining order may be granted and a receiver or conservator may be appointed for a person that is alleged to have violated this act or the assets of a person that is alleged to have violated this act. In addition, upon a proper showing by the attorney general, the circuit court may enter an order of rescission, restitution, or disgorgement directed to any person that has engaged in an act that violates this act or an order issued under this act.
(5) A circuit court may award to the attorney general court costs and attorney fees in an action brought under this section.
(6) This section does not bar the attorney general or a prosecuting attorney from proceeding under any other provision of law against a pyramid promotional scheme or any person that is involved with a pyramid promotional scheme.
History:
2018, Act 186, Eff. Sept. 11, 2018
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 186 of 2018 - Pyramid Promotional Scheme Act (445.2581 - 445.2586) › Section 445.2585 - Rebuttable Presumption.

445.2585 Rebuttable presumption.
Sec. 5.
There is a rebuttable presumption that a plan or operation is not a pyramid promotional scheme if both of the following conditions are satisfied:
(a) The plan or operation does not cause inventory loading.
(b) The plan or operation implements an inventory repurchase program.
History:
2018, Act 186, Eff. Sept. 11, 2018
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-HAWKERS-AND-PEDDLERS. - Hawkers and Peddlers. (446.16...446.25) › Section 446.16-446.25 - Repealed. 1952, Act 124, Eff. Sept. 18, 1952.

446.16-446.25 Repealed. 1952, Act 124, Eff. Sept. 18, 1952.
Compiler's Notes:
The repealed sections pertained to regulation and licensing of hawkers and peddlers.
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.26 - Auctioneers; Bond, Delivery to County Treasurer.

446.26 Auctioneers; bond, delivery to county treasurer.
Sec. 26.
Any citizen of this state may become an auctioneer within the county in which he resides, on executing and delivering to the treasurer of such county, a bond in the penal sum of 2,500 dollars, with 2 or more sufficient sureties to be approved by such treasurer, conditioned for the payment to such treasurer, of all auction duties upon goods or property which may be sold by him, according to law.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 973 ;-- CL 1871, 1158 ;-- How. 1267 ;-- CL 1897, 5332 ;-- CL 1915, 7021 ;-- CL 1929, 9669 ;-- CL 1948, 446.26
Former Law:
For law prior to 1846 covering the subject matter of this and most of the following sections, see Act 78 of 1839 .
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.27 - Auctioneers; Term.

446.27 Auctioneers; term.
Sec. 27.
Every person who shall have executed and delivered such bond to the county treasurer shall, for the term of 4 years next after the date of such bond, be an auctioneer within such county, and be authorized to carry on and perform the business of an auctioneer, and shall conform to the provisions hereinafter contained.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 974 ;-- CL 1871, 1159 ;-- How. 1268 ;-- CL 1897, 5333 ;-- CL 1915, 7022 ;-- CL 1929, 9670 ;-- CL 1948, 446.27
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.28 - Auctioneers; Statement on Oath, Time, Contents.

446.28 Auctioneers; statement on oath, time, contents.
Sec. 28.
If such auctioneer reside in either of the cities of this state, he shall on the first Monday of each month, and if he reside in any other place, then on the first Monday of April and October in each and every year, make out a statement in writing, verified by his oath, and deliver the same to the county treasurer, in which statement he shall designate particularly:
1. The sums for which all the goods, at every auction held by him after delivering such bond, or the date of his last preceding statement, were sold:
2. The days on which sales were so made by him, and the amount of sales on each day:
3. The amount of duties chargeable under the provisions of this chapter.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 975 ;-- CL 1871, 1160 ;-- How. 1269 ;-- CL 1897, 5334 ;-- CL 1915, 7023 ;-- CL 1929, 9671 ;-- CL 1948, 446.28
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.29 - Statement on Oath; Delivery to County Treasurer; Payment of Duties, Record.

446.29 Statement on oath; delivery to county treasurer; payment of duties, record.
Sec. 29.
Every such statement, verified, as aforesaid, shall, within 10 days after the date thereof, be delivered by such auctioneer to the treasurer of the county in which he resides, and such auctioneer shall, at the time of delivering such statement, pay over to such county treasurer the duties chargeable by law upon the sales specified in such statement, and take the treasurer's receipt therefor, which receipt shall be countersigned by the clerk of the same county, who shall make an entry of the amount thereof, in a proper book to be kept by him for that purpose.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 976 ;-- CL 1871, 1161 ;-- How. 1270 ;-- CL 1897, 5335 ;-- CL 1915, 7024 ;-- CL 1929, 9672 ;-- CL 1948, 446.29
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.30 - Statement on Oath; Forwarding to State Treasurer; Payment Over of Duties.

446.30 Statement on oath; forwarding to state treasurer; payment over of duties.
Sec. 30.
Each county treasurer shall, immediately after receiving the statement, forward it to the state treasurer, and shall pay over all auction duties received by him or her to the state treasurer, in the manner directed by the state treasurer.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 977 ;-- CL 1871, 1162 ;-- How. 1271 ;-- CL 1897, 5336 ;-- CL 1915, 7025 ;-- CL 1929, 9673 ;-- CL 1948, 446.30 ;-- Am. 2002, Act 86, Imd. Eff. Mar. 26, 2002
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.31 - Auction Duties; Articles Subject, Amount.

446.31 Auction duties; articles subject, amount.
Sec. 31.
The following articles, and no others, shall be subject to the payment of the following duties, if sold at auction:
1. All ardent spirits, wines, and intoxicating liquors, whether foreign or domestic, shall be liable to the payment of a duty of 2 1/2 per cent.
2. All goods, wares, and merchandise of every description imported from any place without the United States, shall be liable to the payment of a duty of 1 1/2 per cent at each and every time they are so exposed for sale.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 978 ;-- CL 1871, 1163 ;-- How. 1272 ;-- CL 1897, 5337 ;-- CL 1915, 7026 ;-- CL 1929, 9674 ;-- CL 1948, 446.31
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.32 - Auction Duties; Articles Exempt.

446.32 Auction duties; articles exempt.
Sec. 32.
Goods and chattels, otherwise liable to auction duties, shall be exempt therefrom if sold under the following circumstances:
First, If they shall belong to the United States or this state;
Second, If they shall be sold in pursuance of any judgment, order or decree of any court of law or equity, or under any seizure or distress by any public officer;
Third, If they shall belong to an estate of a deceased person, and be sold by his executors or administrators, or by any other person duly authorized by any judge of probate;
Fourth, If they shall be the effects of a bankrupt or insolvent, and be sold by his assignee, appointed pursuant to law, or by a general assignment for the benefit of the creditors of such bankrupt or insolvent;
Fifth, If they shall be sold at any fair, or other exhibition, the entire proceeds of which are devoted to any association organized for charitable or benevolent purposes, or for the relief of sick and wounded soldiers, or the families of such soldiers.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 979 ;-- Am. 1865, Act 33, Eff. June 22, 1865 ;-- CL 1871, 1164 ;-- How. 1273 ;-- CL 1897, 5338 ;-- CL 1915, 7027 ;-- CL 1929, 9675 ;-- CL 1948, 446.32
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.33 - Auctions; Conduct; Duties on Articles Bought by Auctioneers.

446.33 Auctions; conduct; duties on articles bought by auctioneers.
Sec. 33.
All goods, property and effects, liable to the payment of duties, shall, in all cases when sold at auction, be struck off to the highest bidder, and when the auctioneer, or owner, or any person employed by them, or either of them, shall be such bidder, they shall be subject to the same duties as if struck off to any other person; but this section shall not be construed to render valid any sale which would otherwise be deemed fraudulent and void.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 980 ;-- CL 1871, 1165 ;-- How. 1274 ;-- CL 1897, 5339 ;-- CL 1915, 7028 ;-- CL 1929, 9676 ;-- CL 1948, 446.33
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.34 - Auction Duties; Calculation.

446.34 Auction duties; calculation.
Sec. 34.
All duties shall be calculated on the sums for which the goods and property exposed for sale shall be respectively struck off to the purchaser thereof.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 981 ;-- CL 1871, 1166 ;-- How. 1275 ;-- CL 1897, 5340 ;-- CL 1915, 7029 ;-- CL 1929, 9677 ;-- CL 1948, 446.34
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › R.S. of 1846 - Revised Statutes of 1846 (446.16 - 446.35) › R-S-1846-446-16-21 - Chapter 21 Chapter 21. of Specific State Taxes and Duties. (446.16...446.35) › R-S-1846-446-16-21-OF-AUCTIONEERS-AND-OF-DUTIES-UPON-SALES-AT-AU - Of Auctioneers, and of Duties Upon Sales at Auction. (446.26...446.35) › Section 446.35 - Auctioneers; Practice Without Delivery of Bond, Penalty.

446.35 Auctioneers; practice without delivery of bond, penalty.
Sec. 35.
If any person shall act as an auctioneer in the sale of any goods or property liable to the payment of duties under the provisions of this chapter, without first having delivered to the county treasurer the bond herein required, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding 500 dollars.
History:
R.S. 1846, Ch. 21 ;-- CL 1857, 982 ;-- CL 1871, 1167 ;-- How. 1276 ;-- CL 1897, 5341 ;-- CL 1915, 7030 ;-- CL 1929, 9678 ;-- CL 1948, 446.35
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.51 - Sale of New Merchandise at Public Auction; License Required.

446.51 Sale of new merchandise at public auction; license required.
Sec. 1.
It shall be unlawful for any person, firm or corporation to sell, dispose of, or offer for sale at public auction at any place outside the limits of any city or village in the state of Michigan, or within the limits of any village in the state of Michigan that has not by ordinance provided for the licensing of sales by auction, any new merchandise, unless such person, firm or corporation, and the owners of such merchandise, if it is not owned by the vendors, shall have first secured a license as herein provided and shall have complied with the regulations hereinafter set forth.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.52 - Licenses; Application, Filing, Contents.

446.52 Licenses; application, filing, contents.
Sec. 2.
Any person, firm or corporation desiring such license shall, at least 10 days prior to such proposed auction sale, file with the township clerk of the township wherein it is proposed to hold such auction sale, an application in writing duly verified by the person, firm or corporation proposing to sell, dispose of or offer for sale any new merchandise at public auction, which application shall state the following facts:
(1) The name, residence and postoffice address of the person, firm or corporation making the application, and if a firm or corporation, the name and address of the members of the firm or officers of the corporation, as the case may be;
(2) The name, residence and postoffice address of the auctioneer who will conduct such auction sale;
(3) A detailed inventory and description of all such new merchandise to be offered for sale at such auction and a valuation thereof;
(4) A statement as to whether or not the sale at public auction shall be with or without reservation.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.53 - Licenses; Bond; Amount; Beneficiaries; Conditions; Liability; Service of Process; Jurisdiciton; Joinder of Parties.

446.53 Licenses; bond; amount; beneficiaries; conditions; liability; service of process; jurisdiciton; joinder of parties.
Sec. 3.
At the time of filing said application, and as a part thereof, the applicant shall file and deposit with the township clerk a bond, with sureties to be approved by the township board, in the penal sum of 2 times the value of the merchandise proposed to be offered for sale at such auction as shown by the inventory filed, running to the state of Michigan and for the use and benefit of any purchaser of any merchandise at such auction who might have a cause for action of any nature arising from or out of such auction sale against the auctioneer or applicant; the bond to be further conditioned on the payment by the applicant of all taxes that may be payable by, or due from, the applicant to the state of Michigan, or any department or subdivision thereof, the payment of any fines that may be assessed by any court against the applicant or auctioneer for violation of the provisions of this act, and the satisfaction of all causes of action commenced within 1 year from date of such auction sale and arising therefrom: Provided, however, That the aggregate liability of the surety for all said taxes, fines and causes of action shall in no event exceed the sum of such bond.
In such bond the applicant and the surety shall appoint the township clerk of the township in which such bond is filed, the agent of the applicant and the surety for the service of process. In the event of such service, the agent on whom such service is made shall, within 5 days after the service, mail by ordinary mail a true copy of the process served upon him to each party for whom he is served, addressed to the last known address of such party. Failure to so mail said copy shall not, however, affect the court's jurisdiction.
Such bond shall contain the consent of the applicant and surety that the circuit court of the county or the justice court of the township wherein the application and bond is filed shall have jurisdiction of all actions within the jurisdiction of the respective courts against the applicant or surety, or both, arising out of said sale.
The state of Michigan, or any subdivision thereof, or any person having a cause of action against the applicant arising out of the sale of such new merchandise, may join the applicant and the surety on such bond in the same action, or may in such action sue either such applicant or the surety alone.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.54 - Licenses; Fees.

446.54 Licenses; fees.
Sec. 4.
At the time of filing said application and bond the applicant shall pay to the township clerk a license fee in the sum of $25.00 for each day it is supposed to hold such auction sale as shown by the application for such license.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.55 - Licenses; Issuance, Transferability, Validity.

446.55 Licenses; issuance, transferability, validity.
Sec. 5.
Upon the filing of such application and after the applicant has fully complied with all the provisions of this act, the township board, by the township clerk, shall issue to the applicant a license authorizing the holding of such auction sale as proposed in said application. Such license shall not be transferable, and shall be valid only in the township where issued, and shall not be valid in any village which has enacted an ordinance providing for the licensing of sales by auction.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.56 - Report of Sale and Inventory of Unsold Merchandise; Filing.

446.56 Report of sale and inventory of unsold merchandise; filing.
Sec. 6.
Within 10 days after the last day of said auction the applicant shall file in duplicate with the township board a listing of all merchandise sold at such auction and the prices received therefor, together with a detailed inventory of all merchandise unsold at the close of such auction sale. The township clerk shall, immediately after receiving such listing of sales, forward a copy thereof to the department of revenue.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.57 - Licensing of Sales by Auction; Definitions.

446.57 Licensing of sales by auction; definitions.
Sec. 7.
"New merchandise" as used in this act shall mean all merchandise not previously sold at retail. "Auction sale" as used in this act shall mean the offering for sale or selling of personal property to the highest bidder, or offering for sale or selling of personal property at a high price and then offering the same at successive lower prices until a buyer is secured.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.58 - Cappers, Boosters, Shillers or False Bids Prohibited.

446.58 Cappers, boosters, shillers or false bids prohibited.
Sec. 8.
At any such sale by auction, no person shall act as "bidder," or what is commonly known as a "capper,""booster" or "shiller," or offer or make any false bid, or offer any false bid or pretend to buy any article sold or offered for sale at any sale by auction.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.59 - Nonapplication of Act as to Certain Sales.

446.59 Nonapplication of act as to certain sales.
Sec. 9.
The provisions of this act shall not extend to the sale at public auction of livestock, farm machinery or farm produce, used homestead goods or other items commonly sold at farm or homestead sales, or to auction sales by individuals of new merchandise, which was assessed personal property tax in the state of Michigan or is replacement stock of merchandise inventory which was assessed personal property tax in the county in which the sale is to be had, and to auction sales under a mortgage foreclosure or under the direction of a court or court officers of such sales as may be required by law. The owner of the personal property specified in this section may furnish the person or persons conducting the public auction with a statement that the property set forth in the statement has been assessed as personal property in the state of Michigan or that it has been purchased as replacement for property that has been assessed, and the possession of such a statement shall absolve the person or persons to whom it is given from all liability under the provisions of this act.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 224 of 1955 - Public Auctions (446.51 - 446.60) › Section 446.60 - Violation of Act; Penalty.

446.60 Violation of act; penalty.
Sec. 10.
Any person, firm or corporation found to be in violation of this act shall be guilty of a misdemeanor and may be punished by a fine not to exceed $100.00, or by imprisonment in the county jail not to exceed 90 days, or by both fine and imprisonment.
History:
1955, Act 224, Imd. Eff. June 18, 1955
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 469 of 2008 - Restroom Access for Persons With Medical Conditions (446.71 - 446.76) › Section 446.71 - Definitions.

446.71 Definitions.
Sec. 1.
As used in this act:
(a) "Customer" means an individual who is lawfully on the premises of a retail establishment.
(b) "Doctor" means a licensed doctor of medicine or a licensed doctor of osteopathic medicine and surgery.
(c) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, pregnancy, or any other medical condition that requires immediate access to a toilet facility.
(d) "Retail establishment" means a place of business open to the general public for the sale of goods or services.
History:
2008, Act 469, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 469 of 2008 - Restroom Access for Persons With Medical Conditions (446.71 - 446.76) › Section 446.72 - Retail Establishment; Use of Toilet Facility by Customer; Conditions.

446.72 Retail establishment; use of toilet facility by customer; conditions.
Sec. 2.
A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if all of the following are met:
(a) The customer requesting use of the employee toilet facility suffers from an eligible medical condition or utilizes an ostomy device.
(b) Two or more employees of the retail establishment are working at the time the customer requests use of the employee toilet facility.
(c) The customer provides the retail establishment with a copy of a statement on a prescription form that indicates the customer suffers from an eligible medical condition or utilizes an ostomy device, signed by a doctor.
(d) The retail establishment does not normally make a restroom available to the public.
(e) The employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment.
(f) A public restroom is not immediately accessible to the customer.
History:
2008, Act 469, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 469 of 2008 - Restroom Access for Persons With Medical Conditions (446.71 - 446.76) › Section 446.73 - Liability.

446.73 Liability.
Sec. 3.
A retail establishment or an employee of a retail establishment is not civilly liable for any injury to or death of a customer allowed to use an employee toilet facility that is not a public restroom, or to an individual other than an employee accompanying the customer, unless all of the following are met:
(a) The retail establishment or the employee of the retail establishment knew or should have known of the condition that caused the injury or death, should have realized that the condition involved an unreasonable risk of harm to a customer or other individual, and should have expected that the customer or other individual would not discover or realize the danger.
(b) The retail establishment or the employee of the retail establishment failed to exercise reasonable care to make the condition safe or to warn the customer or other individual of the condition and the risk.
(c) The customer or other individual did not know or have reason to know of the condition and the risk involved.
(d) The injury or death occurred in an area of the retail establishment that is not accessible to the public.
History:
2008, Act 469, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 469 of 2008 - Restroom Access for Persons With Medical Conditions (446.71 - 446.76) › Section 446.74 - Violation; Fine.

446.74 Violation; fine.
Sec. 4.
A retail establishment or an employee of a retail establishment that violates section 2 is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.
History:
2008, Act 469, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 469 of 2008 - Restroom Access for Persons With Medical Conditions (446.71 - 446.76) › Section 446.75 - Physical Changes to Toilet Facility Not Required.

446.75 Physical changes to toilet facility not required.
Sec. 5.
A retail establishment is not required to make any physical changes to an employee toilet facility under this act.
History:
2008, Act 469, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 469 of 2008 - Restroom Access for Persons With Medical Conditions (446.71 - 446.76) › Section 446.76 - Prohibited Conduct; Violation as Misdemeanor.

446.76 Prohibited conduct; violation as misdemeanor.
Sec. 6.
A person who does any of the following is guilty of a misdemeanor:
(a) Falsely makes, publishes, passes, alters, or forges a prescription form described in section 2(c).
(b) Alters or forges a doctor's signature on a prescription form described in section 2(c).
(c) Knowingly possesses a false, forged, or altered prescription form described in section 2(c).
History:
2008, Act 469, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 58 of 2022 - Donation of Unclaimed Shoes (446.91 - 446.91) › Section 446.91 - Shoe Repair Business; Donation of Unclaimed Shoes.

446.91 Shoe repair business; donation of unclaimed shoes.
Sec. 1.
A person engaged in the business of shoe repair may donate unclaimed shoes left at the person's place of business if the shoes have been unclaimed for 6 months or more.
History:
2022, Act 58, Imd. Eff. Apr. 7, 2022
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Repealed - Act 204 of 1889 - Hawkers, Peddlers, and Pawnbrokers in Upper Peninsula (446.101 - 446.105)

HAWKERS, PEDDLERS, AND PAWNBROKERS IN UPPER PENINSULA
Act 204 of 1889
446.101-446.105 Repealed. 2000, Act 107, Imd. Eff. May 19, 2000.
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 66 of 2009 - Refund Anticipation Loan Disclosure Act (446.111 - 446.121) › Section 446.111 - Short Title.

446.111 Short title.
Sec. 1.
This act shall be known and may be cited as the "refund anticipation loan disclosure act".
History:
2009, Act 66, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 66 of 2009 - Refund Anticipation Loan Disclosure Act (446.111 - 446.121) › Section 446.113 - Definitions.

446.113 Definitions.
Sec. 3.
As used in this act:
(a) "Annual percentage rate" means the rate as computed under the federal truth in lending act, 15 USC 1601 to 1667f.
(b) "Facilitator" means a person that individually or in conjunction or cooperation with another person processes, receives, or accepts for delivery an application for a refund anticipation loan or a check in payment of refund anticipation loan proceeds or in any other manner materially facilitates the making of a refund anticipation loan. The term does not include any of the following:
(i) A financial institution.
(ii) An affiliate that is a servicer for a financial institution.
(iii) A person certified, registered, or licensed to engage in the practice of public accounting under article 7 of the occupational code, 1980 PA 299, MCL 339.720 to 339.736.
(c) "Financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union.
(d) "Lender" means a person that makes a refund anticipation loan.
(e) "Person" means an individual, partnership, association, corporation, limited liability company, or other legal entity.
(f) "Refund anticipation loan" means an extension of credit to a taxpayer that a person arranges to be repaid directly from the proceeds of the taxpayer's federal or state personal income tax refund.
(g) "Refund anticipation loan fee" means the charges, fees, or other consideration charged or imposed by a person acting as a lender or facilitator for the making of a refund anticipation loan. The term does not include any charge, fee, or other consideration usually charged or imposed by a facilitator in the ordinary course of business for tax return preparation, electronic filing of tax returns, or other nonloan services.
(h) "Taxpayer" means an individual who files a federal or Michigan personal income tax return.
History:
2009, Act 66, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 66 of 2009 - Refund Anticipation Loan Disclosure Act (446.111 - 446.121) › Section 446.115 - Information to Be Disclosed to Taxpayer by Facilitator.

446.115 Information to be disclosed to taxpayer by facilitator.
Sec. 5.
Before a taxpayer completes an application for a refund anticipation loan, the facilitator shall clearly disclose all of the following in writing to the taxpayer on a form separate from the application:
(a) A listing or table of refund anticipation loan fees and the annual percentage rates charged by the facilitator or lender for 3 or more representative refund anticipation loan amounts. For each refund anticipation loan amount, the schedule shall list separately the amount of each fee and the amount of interest charged by the facilitator or lender and the total amount of fees and interest charged.
(b) That the refund anticipation loan is an extension of credit and not the taxpayer's actual personal income tax refund.
(c) That electronic filing of the taxpayer's tax return is available without applying for a refund anticipation loan.
(d) The average time announced by the appropriate taxing authority within which the taxpayer can expect to receive a refund if the taxpayer does not obtain a refund anticipation loan and the taxpayer's return is filed using either of the following methods:
(i) Electronically and the refund is directly deposited in the taxpayer's bank account.
(ii) By mail and the refund is directly deposited in the taxpayer's bank account or mailed to the taxpayer.
(e) That the internal revenue service with respect to a federal personal income tax return, or the department of treasury with respect to a Michigan personal income tax return, does not guarantee either of the following:
(i) That the full amount of the anticipated refund will be paid.
(ii) A specific date on which the taxpayer will receive the refund.
(f) That the taxpayer is responsible for repayment of the refund anticipation loan and related fees in the event the tax refund is not paid or is not paid in full.
(g) The estimated time within which the proceeds of the refund anticipation loan will be paid to the taxpayer if the loan is approved.
(h) The fees charged by the facilitator or lender if the refund anticipation loan is not approved.
History:
2009, Act 66, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 66 of 2009 - Refund Anticipation Loan Disclosure Act (446.111 - 446.121) › Section 446.117 - Information to Be Disclosed Before Entering Agreement.

446.117 Information to be disclosed before entering agreement.
Sec. 7.
Before entering into a refund anticipation loan agreement, the facilitator shall clearly disclose both of the following to the taxpayer:
(a) The estimated total fees for the refund anticipation loan.
(b) The estimated annual percentage rate for the refund anticipation loan.
History:
2009, Act 66, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 66 of 2009 - Refund Anticipation Loan Disclosure Act (446.111 - 446.121) › Section 446.119 - Violation as Misdemeanor; Penalty.

446.119 Violation as misdemeanor; penalty.
Sec. 9.
A person, including, but not limited to, a facilitator or a member, officer, director, agent, or employee of a facilitator, that violates or participates in a violation of this act is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.
History:
2009, Act 66, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 66 of 2009 - Refund Anticipation Loan Disclosure Act (446.111 - 446.121) › Section 446.121 - Preemption.

446.121 Preemption.
Sec. 11.
A political subdivision of this state shall not adopt any rule, regulation, code, or ordinance to restrict or limit any requirements under this act relating to refund anticipation loans. This act supersedes and preempts any rule, regulation, code, or ordinance of any political subdivision of this state relating to refund anticipation loans.
History:
2009, Act 66, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 67 of 2009 - Refund Anticipation Loan Act (446.131 - 446.141) › Section 446.131 - Short Title.

446.131 Short title.
Sec. 1.
This act shall be known and may be cited as the "refund anticipation loan act".
History:
2009, Act 67, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 67 of 2009 - Refund Anticipation Loan Act (446.131 - 446.141) › Section 446.133 - Definitions of Certain Terms.

446.133 Definitions of certain terms.
Sec. 3.
As used in this act, "facilitator", "lender", "person", and "refund anticipation loan fee" mean those terms as defined in the refund anticipation loan disclosure act.
History:
2009, Act 67, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 67 of 2009 - Refund Anticipation Loan Act (446.131 - 446.141) › Section 446.135 - Refund Anticipation Loan; Certain Conduct by Facilitator Prohibited.

446.135 Refund anticipation loan; certain conduct by facilitator prohibited.
Sec. 5.
A facilitator that facilitates or offers to facilitate a refund anticipation loan shall not do any of the following:
(a) Require a consumer to enter into a refund anticipation loan arrangement in order to complete a tax return.
(b) Misrepresent a material factor or condition of granting a refund anticipation loan.
(c) Fail to process the application for a refund anticipation loan after an applicant applies for the refund anticipation loan.
(d) Engage in any fraudulent transaction, practice, or course of business with any person in connection with a refund anticipation loan.
History:
2009, Act 67, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 67 of 2009 - Refund Anticipation Loan Act (446.131 - 446.141) › Section 446.137 - Rescission.

446.137 Rescission.
Sec. 7.
A borrower who obtains a refund anticipation loan may rescind the refund anticipation loan, on or before the close of business on the business day following the day the loan is made, by returning the original check issued to the borrower for the loan or paying the amount of the refund anticipation loan by money order or certified check to the lender or the facilitator. A facilitator shall not charge the borrower a fee for rescinding a refund anticipation loan and shall return any fee charged for making a refund anticipation loan if the refund anticipation loan is rescinded under this subsection. However, a facilitator or lender is not required to return to a customer who rescinds a refund anticipation loan under this subsection a fee charged to the customer by the facilitator or lender for establishing and administering a bank account to electronically receive and distribute the customer's tax refunds.
History:
2009, Act 67, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 67 of 2009 - Refund Anticipation Loan Act (446.131 - 446.141) › Section 446.139 - Violation as Misdemeanor; Penalty.

446.139 Violation as misdemeanor; penalty.
Sec. 9.
A person, including, but not limited to, a facilitator or a member, officer, director, agent, or employee of a facilitator, that violates or participates in a violation of this act is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.
History:
2009, Act 67, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 67 of 2009 - Refund Anticipation Loan Act (446.131 - 446.141) › Section 446.141 - Preemption.

446.141 Preemption.
Sec. 11.
A political subdivision of this state shall not adopt any rule, regulation, code, or ordinance to restrict or limit any requirements under this act relating to refund anticipation loans. This act supersedes and preempts any rule, regulation, code, or ordinance of any political subdivision of this state relating to refund anticipation loans.
History:
2009, Act 67, Imd. Eff. July 9, 2009
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 550 of 2016 - Bad-Faith Patent Infringement Claims Act (446.161 - 446.173) › Section 446.161 - Short Title.

446.161 Short title.
Sec. 1.
This act shall be known and may be cited as the "bad-faith patent infringement claims act".
History:
2016, Act 550, Eff. Oct. 1, 2017
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 550 of 2016 - Bad-Faith Patent Infringement Claims Act (446.161 - 446.173) › Section 446.163 - Definitions.

446.163 Definitions.
Sec. 3.
As used in this act:
(a) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(b) "Target" means a person that purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, or later becomes, the subject of the patent infringement allegation.
History:
2016, Act 550, Eff. Oct. 1, 2017
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 550 of 2016 - Bad-Faith Patent Infringement Claims Act (446.161 - 446.173) › Section 446.165 - Unlawful Practice.

446.165 Unlawful practice.
Sec. 5.
It is an unlawful practice under this act for a person, in connection with the assertion of a United States patent, to send or cause another person to send a written communication, including an electronic communication, that states in bad faith that the target is infringing or has infringed a patent and bears liability or owes compensation to another person, if 1 or more of the following apply:
(a) The communication falsely states that an action seeking administrative or judicial relief has been filed against the target or an affiliated person.
(b) The assertions contained in the communication lack a reasonable basis in fact or law because 1 or more of the following are true:
(i) The person asserting the patent does not have the current right, and does not represent a person that has the current right, to license the patent to or enforce the patent against the target or an affiliated person.
(ii) The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision.
(iii) The communication seeks compensation because of activities undertaken after the patent has expired.
(c) The communication does not contain all of the following information necessary to inform the target or an affiliated person about the patent assertion:
(i) The identity of the person asserting a right to license the patent to or enforce the patent against the target or an affiliated person.
(ii) The number of the patent issued by the United States Patent and Trademark Office alleged to have been infringed.
(iii) The factual allegations concerning the specific areas in which the products or services obtained by the target or an affiliated person infringed the patent.
History:
2016, Act 550, Eff. Oct. 1, 2017
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 550 of 2016 - Bad-Faith Patent Infringement Claims Act (446.161 - 446.173) › Section 446.169 - Powers of Attorney General Relating to Unlawful Practice; Action by Target or Affiliated Person Aggrieved by Violation; Remedies to Plaintiff; Bond.

446.169 Powers of attorney general relating to unlawful practice; action by target or affiliated person aggrieved by violation; remedies to plaintiff; bond.
Sec. 9.
(1) The attorney general may do all of the following related to unlawful practice under this act:
(a) Conduct a civil investigation as provided in section 9a.
(b) Enter into an assurance of discontinuance under section 9b.
(c) Bring a civil action as provided in section 9c.
(d) Promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) A target or an affiliated person aggrieved by a violation of this act may bring an action in the circuit court. The court may award the following remedies to a plaintiff that prevails in an action brought under this subsection:
(a) An injunction prohibiting any further written communication related to the unlawful practice giving rise to the action.
(b) Actual damages.
(c) Costs and fees, including reasonable attorney fees.
(d) Exemplary damages in an amount equal to 3 times the actual damages.
(3) On a motion by the plaintiff and a finding by the court that there is a reasonable likelihood that the defendant in an action under subsection (2) violated this act, the court may require the defendant to post a bond in an amount equal to a good-faith estimate of the plaintiff's costs to litigate the claim and an amount reasonably likely to be awarded under subsection (2), conditioned on payment of any amount finally determined to be due to the plaintiff. The court shall not order a bond to be posted under this subsection that exceeds $250,000.00. A court may waive the bond requirement under this subsection if it finds the defendant has available assets equal to the amount of the proposed bond or for other good cause shown.
History:
2016, Act 550, Eff. Oct. 1, 2017
2023 Michigan Compiled Laws › Chapter 446 - Business Regulation › Act 550 of 2016 - Bad-Faith Patent Infringement Claims Act (446.161 - 446.173) › Section 446.169b - Assurance of Discontinuance.

446.169b Assurance of discontinuance.
Sec. 9b.
(1) If the attorney general has authority to institute an action under section 9c, the attorney general may accept an assurance of discontinuance of a practice that is alleged to be unlawful under section 5 from the person that is alleged to have engaged, be engaging, or be about to engage in the practice. An assurance under this section does not constitute an admission of guilt and is not admissible in any other proceeding. The assurance may include a stipulation for 1 or more of the following:
(a) The voluntary payment by the person of the costs of investigation.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
(2) An assurance of discontinuance under this section must be in writing and may be filed with the circuit court of Ingham County. The clerk of the court shall maintain a record of filings under this section. Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may be modified by the parties or by a court for good cause.
History:
2016, Act 550, Eff. Oct. 1, 2017