reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.255 - Filing of Trust Instrument and Inventory of Assets; Time.

14.255 Filing of trust instrument and inventory of assets; time.
Sec. 5.
Every trustee subject to this act who has received property for charitable purposes shall register and file with the attorney general, within 2 months after receiving possession or control of such property, a copy of the instrument providing for his title, powers or duties, an inventory of the assets of the charitable trust. If any part of the assets, income or principal of a presently existing charitable trust is authorized or required to be applied to a charitable purpose at the time this act takes effect, the filing shall be made within 3 months thereafter. If an amendment to this act first creates a duty to file, then the trustee shall register and make such filing within 3 months after the effective date of the amendment.
History:
1961, Act 101, Eff. Sept. 8, 1961 ;-- Am. 1965, Act 353, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.257 - Rules and Regulations by Attorney General.

14.257 Rules and regulations by attorney general.
Sec. 7.
The attorney general may make additional rules and regulations necessary for the administration of this act.
History:
1961, Act 101, Eff. Sept. 8, 1961
Admin Rule:
R 14.11 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.258 - Investigation of Transactions.

14.258 Investigation of transactions.
Sec. 8.
The attorney general may investigate transactions and relationships of trustees subject to this act for the purpose of determining whether the property held for charitable purposes is properly administered. He may require any agent, trustee, fiduciary, beneficiary, institution, association or corporation, or other person to appear, at a named time and place, in the county designated by the attorney general, where the person resides or is found, to give information under oath and to produce books, memoranda, papers, documents of title and evidence of assets, liabilities, receipts or disbursements in the possession or control of the person ordered to appear.
History:
1961, Act 101, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.259 - Order for Appearance; Enforcement.

14.259 Order for appearance; enforcement.
Sec. 9.
When the attorney general requires the attendance of any person, as provided in section 8, he shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be delivered to or sent by registered mail to the person at least 14 days before the date fixed for attendance. Such order shall have the same force and effect as a subpoena and, upon application of the attorney general, obedience to the order may be enforced by the probate or circuit court having jurisdiction of the charitable trust in the county where the trust may be in existence or administered or the person receiving such notice resides or is found, in the same manner as though the notice were a subpoena. The court, after hearing, for cause, and upon application of any person aggrieved by the order, shall have the right to alter, amend, revise, suspend or postpone all or any part of its provisions.
History:
1961, Act 101, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.260 - Register, Copies of Instruments and Reports; Public Inspection.

14.260 Register, copies of instruments and reports; public inspection.
Sec. 10.
Subject to reasonable rules and regulations adopted by the attorney general, the register, copies of instruments and the reports filed with the attorney general shall be opened to public inspection.
History:
1961, Act 101, Eff. Sept. 8, 1961
Admin Rule:
R 14.11 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.261 - Enforcement to Ensure Compliance With Act; Proper Accounting; Jurisdiction of Courts.

14.261 Enforcement to ensure compliance with act; proper accounting; jurisdiction of courts.
Sec. 11.
The attorney general may institute appropriate proceedings to secure compliance with this act and to secure the proper accounting for the assets and administration of any charitable trust. The powers and duties of the attorney general provided in this act are in addition to his existing powers and duties. Nothing in this act shall impair or restrict the jurisdiction of any court with respect to any of the matters covered by it.
History:
1961, Act 101, Eff. Sept. 8, 1961 ;-- Am. 1965, Act 353, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.262 - Application of Act Irrespective of Contents of Instrument.

14.262 Application of act irrespective of contents of instrument.
Sec. 12.
This act shall apply regardless of any contrary provisions of any instrument.
History:
1961, Act 101, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.263 - Custodians of Public Records; Copies of Instruments.

14.263 Custodians of public records; copies of instruments.
Sec. 13.
The custodian of the records of a court having jurisdiction of probate matters or of charitable trusts, and any custodian of records of any department, agency or political subdivision of this state shall furnish free of charge such copies of papers, records and files of his office relating to the subject of this act as the attorney general requires.
History:
1961, Act 101, Eff. Sept. 8, 1961 ;-- Am. 1965, Act 353, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.264 - Applications for Exemption From Taxation; Filing of List With Attorney General.

14.264 Applications for exemption from taxation; filing of list with attorney general.
Sec. 14.
Every officer, agency, board or commission of this state or political subdivision of this state or agencies thereof receiving applications for exemption from taxation of any charitable trust shall annually file with the attorney general a list of all applications received during the year.
History:
1961, Act 101, Eff. Sept. 8, 1961 ;-- Am. 1965, Act 353, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.265 - Purpose and Construction of Act.

14.265 Purpose and construction of act.
Sec. 15.
This act, in all of its provisions, in the interests of society and in conformity with public policy is intended to protect the rights and interest of the people of the state and the uncertain and indefinite beneficiaries of all charitable trusts, and shall be so construed as to effectuate its general purposes.
History:
1961, Act 101, Eff. Sept. 8, 1961 ;-- Am. 1965, Act 353, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 101 of 1961 - Supervision of Trustees for Charitable Purposes Act (14.251 - 14.266) › Section 14.266 - Short Title.

14.266 Short title.
Sec. 16.
This act shall be known and may be cited as the "supervision of trustees for charitable purposes act".
History:
1961, Act 101, Eff. Sept. 8, 1961 ;-- Am. 1965, Act 353, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.271 - Short Title.

14.271 Short title.
Sec. 1.
This act shall be known and may be cited as the "charitable trustees powers act".
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.272 - Definitions.

14.272 Definitions.
Sec. 2.
As used in this act:
(a) "IRC" means the internal revenue code of 1954 as in effect on January 1, 1970.
(b) "Private foundation trust" means a trust, including a trust described in section 4947(a)(1) of the IRC, as defined in section 509(a) of the IRC.
(c) "Public charitable organization" means an organization described in section 509(a)(1), (2) or (3) of the IRC and exempt from tax under section 501(a) of the IRC.
(d) "Split interest trust" means a trust for individual and charitable beneficiaries that is subject to section 4947(a)(2) of the IRC.
(e) "Trust" means an express trust created by a trust instrument, including a will.
(f) "Trustee" means the trustee or person possessing a power referred to in this act.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.273 - Applicability of Act.

14.273 Applicability of act.
Sec. 3.
The provisions of this act that are applicable to a split interest trust, a private foundation trust, public charitable organization or any other trust, apply to such entities, whether created before or after the effective date of this act.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.274 - Trustee of Private Foundation or Split Interest Trust; Duties, and Powers Generally.

14.274 Trustee of private foundation or split interest trust; duties, and powers generally.
Sec. 4.
Except as provided in section 7, a trustee of a private foundation trust or a split interest trust has the duties and powers conferred upon him by this act.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.275 - Tax Exemption, Deduction, or Credit; Distributions; Prohibited Conduct.

14.275 Tax exemption, deduction, or credit; distributions; prohibited conduct.
Sec. 5.
(1) In the exercise of his powers including the powers granted by this act, a trustee has a duty to act with due regard to his obligation as a fiduciary, including a duty not to exercise any power in such a way as to deprive the trust of an otherwise available tax exemption, deduction or credit for tax purposes or deprive a donor of a trust asset of a tax deduction or credit or operate to impose a tax upon a donor, trust or other person. "Tax" includes, but is not limited to, any federal, state or local excise, income, gift, estate or inheritance tax.
(2) A trustee of a private foundation trust, except as provided in section 7, shall make distributions at such time and in such manner as not to subject the trust to tax under section 4942 of the IRC.
(3) A trustee of a private foundation trust or a split interest trust, to the extent that the split interest trust is subject to the provisions of section 4947(a)(2) of the IRC, in the exercise of his powers, except as provided in sections 6 and 7, shall not:
(a) Engage in any act of self-dealing as defined in section 4941(d) of the IRC.
(b) Retain any excess business holdings as defined in section 4943(c) of the IRC.
(c) Make any investments in such manner as to subject the foundation to tax under section 4944 of the IRC.
(d) Make any taxable expenditures as defined in section 4945(d) of the IRC.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.276 - Split Interest Trust; Applicability of Section 14.275(3)(b) and (C).

14.276 Split interest trust; applicability of section 14.275(3)(b) and (c).
Sec. 6.
Subdivisions (b) and (c) of subsection (3) of section 5 do not apply to a split interest trust if:
(a) All the income interest, and none of the remainder interest, of the trust is devoted solely to 1 or more of the purposes described in section 170(c)(2)(B) of the IRC and all amounts in the trust for which a deduction was allowed under sections 170, 545(b)(2), 556(b)(2), 642(c), 2055, 2106(a)(2) or 2522 of the IRC have an aggregate fair market value not more than 60% of the aggregate fair market value of all amounts in the trust.
(b) A deduction was allowed under sections 170, 545(b)(2), 556(b)(2), 642(c), 2055, 2106(a)(2) or 2522 of the IRC for amounts payable under the terms of the trust to every remainder beneficiary but not to any income beneficiary.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.277 - Distributions; Trust Investment More Restrictive Than or Inconsistent With This Act; Notice to Attorney General.

14.277 Distributions; trust investment more restrictive than or inconsistent with this act; notice to attorney general.
Sec. 7.
If a trustee determines that the governing instrument contains provisions, in case of a power to make distributions, which are more restrictive than subsection (2) of section 5, or if the trust contains other powers which specifically direct acts by the trustee that are inconsistent with subsection (3) of section 5, the trustee shall notify the attorney general within 6 months following the effective date of this act, or when the trust becomes subject to this act, whichever last occurs and failure to notify the attorney general within 6 months renders the trust subject to this act. Sections 5 and 6 do not apply to a trust with respect to which notice has been given, unless the trust is amended to comply with this act.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.278 - Amendment of Trust Instrument.

14.278 Amendment of trust instrument.
Sec. 8.
(1) In the case of a trust which is solely for named public charitable organizations and as to which the trustee does not possess any discretion with regard to the distribution of income or principal among 2 or more organizations, the trustee, with the consent of the named public charitable organizations, may amend the governing instrument to comply with subsection (2) of section 5.
(2) If a charitable trust is not subject to subsection (1) of section 8, the trustee with the consent of the attorney general may amend the governing instrument to comply with subsection (2) of section 5.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.279 - Trustee; Relief From Restrictions of Trust Instrument.

14.279 Trustee; relief from restrictions of trust instrument.
Sec. 9.
This act does not affect the power of a court of competent jurisdiction for cause shown, upon petition of the trustee, attorney general or affected beneficiary and upon appropriate notice to the affected parties and the attorney general, to relieve a trustee from any restriction on his powers and duties that is placed upon him by the governing instrument to comply with the rules applicable to private foundations, to terminate the trust or to convert to a public charitable organization.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.280 - Trustee; Release of Power to Select Charitable Donee.

14.280 Trustee; release of power to select charitable donee.
Sec. 10.
(1) Unless the creating instrument expressly provides otherwise, the trustee of a trust, all of the unexpired interests in which are devoted to 1 or more charitable purposes, may release a power to select a charitable donee.
(2) The release of a power to select a charitable donee may apply to all or any part of the property subject to the power and may reduce or limit the public charitable organizations or classes of public charitable organizations in whose favor the power is exercisable.
(3) A release is effected by a duly acknowledged written instrument signed by the trustee and delivered as provided in subsection (1) of section 11.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.281 - Delivery of Release; Effect of Specifying Public Charitable Organization as Beneficiary.

14.281 Delivery of release; effect of specifying public charitable organization as beneficiary.
Sec. 11.
(1) Delivery of a release is accomplished as follows:
(a) If the release is accomplished by specifying public charitable organizations as beneficiaries of the trust, by delivery of a copy of the release to each designated public charitable organization.
(b) If the release is accomplished by reducing the class of permissible public charitable organizations, by delivery of a copy of the release to the attorney general.
(2) If a release is accomplished by specifying a public charitable organization as beneficiary of the trust, the trust thereafter shall be operated exclusively for the benefit of and supervised by the specified public charitable organization until such time as the specified public charitable organization ceases to exist or ceases to be an exempt public charitable organization.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.282 - Public Charitable Trust; Supervision by Specified Public Charitable Organization.

14.282 Public charitable trust; supervision by specified public charitable organization.
Sec. 12.
A trustee of a trust for the benefit of a public charitable organization, with the consent of such organization, may come under subsection (2) of section 11 by filing an election, accompanied by the consent, with the attorney general. Thereafter, the trust is subject to subsection (2) of section 11 and section 13.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.283 - Filing Copy of Trust Instrument and Report With Specified Public Charitable Organization.

14.283 Filing copy of trust instrument and report with specified public charitable organization.
Sec. 13.
The trustee of a trust subject to supervision by a specified public charitable organization, as provided in subsection (2) of section 11, shall file with each specified public charitable organization, (a) a true copy of the governing instrument together with a written report, under oath, setting forth complete information as to the nature of the assets and liabilities with the delivery of the release pursuant to subsection (1) of section 11 or the filing of the election under section 12; (b) an annual report, within 4 1/2 months following the close of each year, setting forth a complete statement of receipts, disbursements, assets together with cost and market value of each asset, and liabilities; and (c) such other information as the public charitable organization deems necessary to compel proper administration of the trust.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.284 - Effect of Delivery of Release and Acceptance Thereof; Supervisory Authority of Public Charitable Organization.

14.284 Effect of delivery of release and acceptance thereof; supervisory authority of public charitable organization.
Sec. 14.
(1) The trustee, by delivery of the release or execution of the election, and each specified public charitable organization, by accepting delivery of the release as provided in subsection (1) of section 11 or by consenting to the election in section 12, agree that the public charitable organization, (a) shall compel the proper administration of the trust; (b) may inspect the books, records, memoranda, papers, documents of title and evidence of assets, liabilities, receipts or disbursements in possession or control of the trustee or other person having custody of the books and records; and (c) may require such other information as the public charitable organization deems necessary to compel proper administration of the trust.
(2) The supervisory authority granted a public charitable organization is in addition to the supervisory authority of the attorney general over charitable trusts under common law and the statutes of this state.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.285 - Termination or Dissolution of Private Foundation Trust; Consent of Attorney General.

14.285 Termination or dissolution of private foundation trust; consent of attorney general.
Sec. 15.
(1) The attorney general may consent to termination or dissolution of a private foundation trust without the necessity of court proceedings if the trust does all of the following:
(a) Gives notice to the attorney general of its intended termination or dissolution.
(b) Makes provision for retention of all its books and records with some suitable person.
(c) Provides the attorney general, at his request, all papers, documents, reports, statements or other information he deems necessary to consent to the termination or dissolution.
(d) Distributes its assets in a manner that avoids taxation under the internal revenue code.
(2) If the attorney general does not consent in accordance with subsection (1), the trust shall be terminated only with consent of a court of competent jurisdiction in an action to which the attorney general is an indispensable party.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.286 - Action to Enforce Act.

14.286 Action to enforce act.
Sec. 16.
The attorney general may bring an action in the circuit court for the county where the charitable trust is located or in the circuit court for Ingham county to do any of the following:
(a) Require the trustee of a charitable trust subject to this act to comply with this act.
(b) Enjoin a violation of this act.
(c) Surcharge the trustee of a trust subject to this act who acts or fails to act in violation of the applicable provisions of sections 5 and 6.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 78 of 1971 - Charitable Trustees Powers Act (14.271 - 14.287) › Section 14.287 - Interpretation of Act.

14.287 Interpretation of act.
Sec. 17.
This act shall be interpreted to effectuate the intent of this state to preserve, foster and encourage gifts to or for the benefit of public charitable organizations.
History:
1971, Act 78, Imd. Eff. July 31, 1971
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.301 - Short Title.

14.301 Short title.
Sec. 1.
This act shall be known and may be cited as the "public safety solicitation act".
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.302 - Definitions.

14.302 Definitions.
Sec. 2.
As used in this act:
(a) "Contribution" means the promise, grant, or payment of money or property of any kind or value, including promises to pay made to an organization or professional fund-raiser. Contribution does not include money or property received from a governmental entity or a foundation restricted as to use. Contribution does not include funds collected by an organization exclusively from the members of the organization or payments clearly stated as not being and are not deductible as a charitable contribution for federal income tax purposes by members of an organization for bona fide membership fees, dues, fines, assessments, or for services rendered to individual members, if membership in the organization confers a right, or other direct benefit, other than only membership status.
(b) "Person" means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities.
(c) "Professional fund-raiser" means a person who for compensation or other consideration plans, conducts, manages, or carries on, either directly or through paid individual solicitors, a drive or campaign of soliciting contributions for or on behalf of a public safety organization or person. An officer or employee of a public safety organization is not a professional fund-raiser unless his or her compensation or salary is based in whole or in part on the amount of funds raised through solicitations.
(d) Except for an organization that was created for the purpose of electing a candidate to public office and has complied with the requirements of the Michigan campaign finance act, Act No. 388 of the Public Acts of 1976, being sections 169.201 to 169.282 of the Michigan Compiled Laws, "public safety organization" or "organization" means any group, organization, association, union, or conference of current or former law enforcement officers, fire fighters, correctional officers, employees thereof or any other entity that represents itself to be affiliated or associated with such organizations that meet both of the following:
(i) The voting membership is comprised of at least 75% of individuals who are currently or formerly law enforcement officers, fire fighters, or correctional officers.
(ii) The voting membership consists of at least 25% of all of the individuals the organization claims to represent.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.305 - Notice of Change of Information.

14.305 Notice of change of information.
Sec. 5.
An organization or professional fund-raiser shall notify the attorney general within 15 days of any change in the information required to be furnished for registration under this act.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.306 - Public Inspection of Registration Forms and Documents; Exemption.

14.306 Public inspection of registration forms and documents; exemption.
Sec. 6.
(1) Except as provided in subsection (2), registration forms and documents required to be filed with the attorney general under this act shall be open to public inspection as provided by the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
(2) The addresses required to be provided under section 4(2) and 4(9) and as otherwise provided in section 18(6) shall be exempt from the provisions of Act No. 442 of the Public Acts of 1976.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.307 - Registration of Out-of-State Organization or Professional Fund-Raiser; Designation of Resident Agent Required.

14.307 Registration of out-of-state organization or professional fund-raiser; designation of resident agent required.
Sec. 7.
The attorney general shall not accept a registration under this act from an organization or professional fund-raiser located in another state or country without the organization or professional fund-raiser first designating a resident agent in this state for the acceptance of service of process.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.308 - Service of Process.

14.308 Service of process.
Sec. 8.
(1) An organization or professional fund-raiser which does not maintain an office within this state shall be subject to service of process by service upon its resident agent, or, if there is no resident agent, by service upon the person who has custody of the financial records as designated on the registration form.
(2) If service cannot be made as provided in subsection (1), then service may be made as provided by law or court rule.
(3) After service is effected by either subsection (1) or (2), a copy of the process shall be mailed to the last known address of the organization or professional fund-raiser.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.309 - Use of Name, Symbol, or Statement.

14.309 Use of name, symbol, or statement.
Sec. 9.
(1) Except as provided by subsection (2), an organization or professional fund-raiser shall not use for the purpose of soliciting contributions a name, symbol, or statement so closely related or similar to that used by another organization that it would tend to confuse or mislead the public.
(2) Subsection (1) does not apply to an organization or professional fund-raiser with a name, symbol, or statement existing on the effective date of this act.
(3) An organization or professional fund-raiser shall not use for the purpose of soliciting contributions the name of another person not affiliated with the organization without first obtaining the written consent of the person.
(4) A person whose name, symbol, or statement is used in violation of this section may bring an action in the circuit court of the county in which the violation occurs for $25,000.00 or actual damages, whichever is greater, plus reasonable attorney fees.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.310 - Diversion of Solicited Funds.

14.310 Diversion of solicited funds.
Sec. 10.
An organization or professional fund-raiser shall not divert solicited funds to a purpose or purposes other than that for which the funds were contributed or solicited.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.312 - Disclosure Statement; Providing Percentage Ranges Upon Request.

14.312 Disclosure statement; providing percentage ranges upon request.
Sec. 12.
(1) Each organization or professional fund-raiser shall prepare a disclosure statement to be given with all printed material and read when contact is made by telephone, to each person from whom a contribution is solicited. The disclosure statement shall contain all of the following information:
(a) The name and purpose of the organization.
(b) Whether the solicitor is a separate organization acting on behalf of a public safety organization.
(c) The specific purpose or purposes, including any political purposes and campaign contributions, for which the contributions are to be used.
(d) That the categories and percentages of distributions of contributions are available upon request as provided in subsection (2).
(2) Upon written or verbal request of the individual being solicited, the solicitor shall provide the percentage ranges for each category as described in section 3.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.313 - Information Printed on Written Request for Payment.

14.313 Information printed on written request for payment.
Sec. 13.
Each organization or professional fund-raiser shall print the following information conspicuously on all invoices, pledge cards, or other written requests for payment:
(a) The name and purpose of the organization.
(b) Whether the solicitor is a separate organization acting on behalf of a public safety organization.
(c) The specific purpose or purposes for which the contributions are to be used.
(d) That the solicitor is registered with the attorney general and that information concerning the solicitor may be obtained by calling the toll-free telephone number established pursuant to section 15. The solicitor shall provide the person being solicited the toll-free telephone number.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.314 - Exemptions.

14.314 Exemptions.
Sec. 14.
An organization or person is exempt from the requirements of this act if the solicitations of the organization or person meet either of the following:
(a) All of the following:
(i) The purpose of the solicitation is to aid a specifically named spouse and children of a public safety officer who died or was injured in the line of duty and not less than 75% of the contributions go for this purpose.
(ii) The organization's membership has officers from the same employer as the slain or injured officer whose family would benefit from the contributions and the solicitations are only conducted within the jurisdiction of the public safety employer.
(iii) The organization has received written approval, on a form approved by the attorney general, from the person or persons on whose behalf the contributions are being sought.
(b) All of the following:
(i) The solicitation is on behalf of a charitable organization that is not the organization to which the person making the solicitation is a member.
(ii) The person making the solicitation is not compensated by the organization for which the solicitation was made.
(iii) The solicitation is conducted in a place accessible by the general public.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.315 - Toll-Free Telephone Number; Establishment; Purpose.

14.315 Toll-free telephone number; establishment; purpose.
Sec. 15.
The attorney general shall establish a toll-free telephone number which may be called to obtain information concerning or to file a complaint against a solicitor of contributions under this act.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.316 - Authority of Attorney General to Bring Action in Court; Notice; Opportunity to Cease and Desist; Forwarding Notice of Violation and Information; Civil Penalty.

14.316 Authority of attorney general to bring action in court; notice; opportunity to cease and desist; forwarding notice of violation and information; civil penalty.
Sec. 16.
(1) If the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to engage in a method, act, or practice which is unlawful pursuant to this act, and upon notice given in accordance with this section, the attorney general may bring an action in accordance with principles of equity to restrain the person by temporary or permanent injunction from engaging in the method, act, or practice. The action may be brought in the circuit court of the county where the person is established or solicits contributions or, if the person is not established in this state, in the circuit court of Ingham county. The court may award costs to the prevailing party. For persistent and knowing violation of this act the court may assess the person a civil penalty of not more than $5,000.00.
(2) Unless waived by the court on good cause shown not less than 10 days before the commencement of an action under this section the attorney general shall notify the person of his or her intended action and give the person an opportunity to cease and desist from the alleged unlawful method, act, or practice or to confer with the attorney general in person, by counsel, or by other representative as to the proposed action before the proposed filing date. The notice may be given the person by mail, postage prepaid, to his or her usual place of business or, if the person does not have a usual place of business, to his or her last known address, or to the resident agent.
(3) A prosecuting attorney or law enforcement officer receiving notice of an alleged violation of this act, or of a violation of an injunction, order, decree, or judgment issued in an action brought pursuant to this act, or of an assurance under section 17, shall immediately forward written notice of the violation together with any information he or she may have to the attorney general.
(4) In addition to any other penalties provided by this act, a person who knowingly violates the terms of an injunction, order, decree, or judgment issued pursuant to this section shall forfeit and pay to the state a civil penalty of not more than $500.00 for each violation. For the purposes of this section, the court issuing an injunction, order, decree, or judgment shall retain jurisdiction, the cause shall be continued, and the attorney general may petition for recovery of a civil penalty as provided by this act.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.317 - Assurance of Discontinuance of Method, Act, or Practice; Filing; Enforcement; Modification.

14.317 Assurance of discontinuance of method, act, or practice; filing; enforcement; modification.
Sec. 17.
(1) If the attorney general has authority to institute an action or proceeding pursuant to section 16, he or she may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this act from the person who is alleged to have engaged, is engaging, or is about to engage in the method, act, or practice. Except as provided in subsection (2), the assurance shall not constitute an admission of guilt nor be introduced in any other proceeding. The assurance may include a stipulation for 1 or more of the following:
(a) The voluntary payment by the person for 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 shall be in writing and filed with the court. The clerk of the court shall maintain a record of the filings. Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the court by the parties to the assurance. The assurance may be modified by the parties or by the court for good cause.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.319 - Compliance With Terms of Notice; Prohibited Conduct; Civil Penalty; Order to Enforce Compliance; Enjoining Person From Soliciting Contributions.

14.319 Compliance with terms of notice; prohibited conduct; civil penalty; order to enforce compliance; enjoining person from soliciting contributions.
Sec. 19.
(1) A person upon whom a notice is served pursuant to section 18 shall comply with the terms of the notice unless otherwise provided by order of the court.
(2) A person who does any of the following shall be assessed a civil penalty of not more than $5,000.00:
(a) Knowingly without good cause fails to appear when served with a notice.
(b) Knowingly avoids, evades, or prevents compliance, in whole or in part, with an investigation, including the removal from any place, concealment, destruction, mutilation, alteration, or falsification of documentary material in the possession, custody, or control of a person subject to the notice.
(c) Knowingly conceals relevant information.
(3) The attorney general may file a petition in the circuit court of the county in which the person is established or solicits contributions or, if the person is not established in this state, in the circuit court of Ingham county for an order to enforce compliance with a subpoena or this section. A violation of a final order entered pursuant to this section may be punished as civil contempt.
(4) Upon the petition of the attorney general, the circuit court may enjoin a person from soliciting contributions in this state if the person persistently and knowingly evades or prevents compliance with an injunction issued pursuant to this act.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.320 - Class Action.

14.320 Class action.
Sec. 20.
(1) The attorney general may bring a class action on behalf of persons residing in or injured in this state for the actual damages caused by any method, act, or practice that is unlawful under this act.
(2) The court after a hearing may appoint a receiver or order sequestration of the defendant's assets if it appears to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his or her assets to the detriment of members of the class.
(3) If at any stage of the proceedings the court requires that notice be sent to the class, the attorney general may petition the court to require the defendant to bear the cost of the notice. In determining whether to impose the cost on the defendant or the state, the court shall consider the probability that the attorney general will succeed on the merits of the action.
(4) If the defendant shows by a preponderance of the evidence that a violation of this act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, the amount of recovery shall be limited to actual damages and attorneys' fees.
(5) An action shall not be brought by the attorney general under this section more than 6 years after the occurrence of the method, act, or practice which is the subject of the action.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.321 - Actions to Obtain Declaratory Judgment or Injunctions; Action to Recover Actual Damages; Class Action; Appointing Receiver or Ordering Sequestration of Assets; Cost of Notice; Limitation on Damages Resulting From Bona Fide Error; Statute of Limitations; Asserting Defense or Counterclaim.

14.321 Actions to obtain declaratory judgment or injunctions; action to recover actual damages; class action; appointing receiver or ordering sequestration of assets; cost of notice; limitation on damages resulting from bona fide error; statute of limitations; asserting defense or counterclaim.
Sec. 21.
(1) Whether or not he or she seeks damages or has an adequate remedy at law, a person may bring an action to do either or both of the following:
(a) Obtain a declaratory judgment that a method, act, or practice is unlawful under this act.
(b) Enjoin in accordance with the principles of equity a person who is engaging or is about to engage in a method, act, or practice which is unlawful under this act.
(2) Except in a class action, a person who suffers loss as a result of a violation of this act may bring an action to recover actual damages or $250.00, whichever is greater, together with reasonable attorneys' fees.
(3) A person who suffers loss as a result of a violation of this act may bring a class action on behalf of persons residing or injured in this state for the actual damages caused by any method, act, or practice that is unlawful under this act.
(4) The court after a hearing may appoint a receiver or order sequestration of the defendant's assets if it appears to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his or her assets to the detriment of members of the class.
(5) If at any stage of proceedings brought under subsection (3) the court requires that notice be sent to the class, a person may petition the court to require the defendant to bear the cost of notice. In determining whether to impose the cost on the defendant or the plaintiff, the court shall consider the probability that the person will succeed on the merits of his or her action.
(6) If the defendant shows by a preponderance of the evidence that a violation of this act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, the amount of recovery shall be limited to actual damages.
(7) An action under this section shall not be brought more than 6 years after the occurrence of the method, act, or practice which is the subject of the action. When a person commences an action against another person, the defendant may assert, as a defense or counterclaim, any claim under this act arising out of the transaction on which the action is brought.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.322 - Commencement of Action; Mailing Copy of Complaint, Judgment, Decree, or Order; Proof of Violation of Permanent Injunction.

14.322 Commencement of action; mailing copy of complaint, judgment, decree, or order; proof of violation of permanent injunction.
Sec. 22.
(1) Upon commencement of an action brought pursuant to section 21 or section 25, the clerk of the court shall mail a copy of the complaint to the attorney general, and upon entry of a judgment or decree in the action, the clerk of the court shall mail a copy of the judgment, decree, or order to the attorney general.
(2) In a subsequent action by the attorney general brought pursuant to section 20 proof of a violation of a permanent injunction issued pursuant to section 16 is conclusive evidence that the defendant engaged in a method, act, or practice which is unlawful under this act.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.323 - Filing Fees Not Required; Conditions.

14.323 Filing fees not required; conditions.
Sec. 23.
If the attorney general or prosecuting attorney commences an action or files a voluntary assurance pursuant to this act, filing fees shall not be required to be paid.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.324 - Law Enforcement Officer; Aid and Assistance in Investigation.

14.324 Law enforcement officer; aid and assistance in investigation.
Sec. 24.
A law enforcement officer in the state, if requested by the attorney general or a prosecuting attorney, shall aid and assist in an investigation of an alleged or actual violation of this act.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.325 - Prosecuting Attorney; Powers and Authority.

14.325 Prosecuting attorney; powers and authority.
Sec. 25.
A prosecuting attorney may conduct an investigation pursuant to this act and may institute and prosecute an action under this act in the same manner as the attorney general.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992