reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 232 of 1937 - Used Car Lots (445.501 - 445.504) › Section 445.502 - Township Used Car Lot; Resolution; License, Fee, Application; Rules; Licensee, Sworn Statement, Mailing.

445.502 Township used car lot; resolution; license, fee, application; rules; licensee, sworn statement, mailing.
Sec. 2.
The township board of any township is hereby authorized and may adopt a resolution providing for the licensing of used car lots. In such regulations the township board may prescribe the amount of an annual license fee which shall not exceed 100 dollars. The township board shall prescribe the form of an application for such license. The township board is hereby authorized to adopt rules, regulations and conditions for the operation of used car lots, which in the discretion of said board will best protect the public health, interests and general welfare of the township, and the board shall specify the date when such resolution and the rules, regulations and conditions shall take effect. The licensee shall, at least once each month, prepare and mail to the commissioner of the Michigan state police at East Lansing, Michigan, and the secretary of state at Lansing, Michigan, a sworn statement of all purchases and sales made by the said licensee. The township board may in its discretion, for just cause, refuse to grant the license provided for in this act.
History:
1937, Act 232, Eff. Oct. 29, 1937 ;-- CL 1948, 445.502
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 232 of 1937 - Used Car Lots (445.501 - 445.504) › Section 445.503 - Resolution, Rules and Regulations; Posting, Affidavit; Township Clerk, Filing.

445.503 Resolution, rules and regulations; posting, affidavit; township clerk, filing.
Sec. 3.
Said resolution, and the rules, regulations and conditions enacted hereunder shall, within 5 days after their adoption and before the same shall take effect, be published by posting the same in 3 conspicuous places in the township and an affidavit of said posting shall be filed in the office of the township clerk.
History:
1937, Act 232, Eff. Oct. 29, 1937 ;-- CL 1948, 445.503
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 232 of 1937 - Used Car Lots (445.501 - 445.504) › Section 445.504 - Violation of Act; Penalty.

445.504 Violation of act; penalty.
Sec. 4.
Any person, firm, association or corporation which shall operate a used car lot without a license, or shall violate any rule, regulation or condition, shall be deemed guilty of a misdemeanor, and shall be punished as provided by the laws of this state.
History:
1937, Act 232, Eff. Oct. 29, 1937 ;-- CL 1948, 445.504
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 331 of 1978 - Motor Vehicle Dealers, Distributors, and Manufacturers (445.521 - 445.534)

MOTOR VEHICLE DEALERS, DISTRIBUTORS, AND MANUFACTURERS
Act 331 of 1978
445.521-445.534 Repealed. 1981, Act 118, Imd. Eff. July 19, 1981.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 88 of 1989 - Watercraft and Outboard Motor Manufacturers, Distributors, and Dealers (445.541 - 445.547) › Section 445.541 - Meanings of Words and Phrases.

445.541 Meanings of words and phrases.
Sec. 1.
For the purposes of this act, the words and phrases defined in sections 2 to 6 have the meanings ascribed to them in those sections, except where the context clearly indicates a different meaning.
History:
1989, Act 88, Imd. Eff. June 20, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 88 of 1989 - Watercraft and Outboard Motor Manufacturers, Distributors, and Dealers (445.541 - 445.547) › Section 445.542 - Definitions.

445.542 Definitions.
Sec. 2.
(1) "Dealer agreement" means the agreement or contract in writing between a manufacturer or distributor and a new watercraft dealer which purports to establish the legal rights and obligations of the parties to the agreement or contract with regard to the purchase and sale of new watercraft or new outboard motors.
(2) "Designated successor" means 1 or more persons nominated by the new watercraft dealer, in a written document filed by the dealer with the manufacturer or distributor at the time the dealer agreement is executed, to succeed the dealer in the event of his or her death or incapacity.
(3) "Distributor" means a person, resident or nonresident, who in whole or in part offers for sale, sells, or distributes a new watercraft or new outboard motor to a new watercraft dealer or who maintains a factory representative, resident or nonresident, or who controls a person, resident or nonresident, who in whole or in part offers for sale, sells, or distributes a new watercraft or new outboard motor to a new watercraft dealer.
(4) "Manufacturer" means a person who manufactures or assembles new watercraft or new outboard motors, or a distributor, factory branch, or factory representative.
(5) "New watercraft dealer" means a person who holds a dealer agreement granted by a manufacturer or distributor for the sale of the manufacturer's or distributor's watercraft or outboard motors, who is engaged in the business of purchasing, selling, exchanging, or servicing new watercraft or new outboard motors, and who has an established place of business.
(6) "Person" means a natural person, partnership, corporation, association, trust, estate, or other legal entity.
(7) "Proposed new watercraft dealer" means a person who has an application pending for a new dealer agreement with a manufacturer or distributor. Proposed new watercraft dealer does not include a person whose dealer agreement is being renewed or continued.
History:
1989, Act 88, Imd. Eff. June 20, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 88 of 1989 - Watercraft and Outboard Motor Manufacturers, Distributors, and Dealers (445.541 - 445.547) › Section 445.543 - Dealer Agreement and Compliance Required for Sale or Purchase of New Watercraft or New Outboard Motor.

445.543 Dealer agreement and compliance required for sale or purchase of new watercraft or new outboard motor.
Sec. 3.
A manufacturer or distributor shall not offer for sale to a new watercraft dealer, and a new or proposed new watercraft dealer shall not offer to purchase from a manufacturer, a new watercraft or a new outboard motor without first entering into a written dealer agreement and complying with all other applicable provisions of this act.
History:
1989, Act 88, Imd. Eff. June 20, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 88 of 1989 - Watercraft and Outboard Motor Manufacturers, Distributors, and Dealers (445.541 - 445.547) › Section 445.544 - Contents of Dealer Agreement.

445.544 Contents of dealer agreement.
Sec. 4.
Each dealer agreement shall include, but is not limited to, all of the following:
(a) The territory or market area.
(b) The period of time covered by the dealer agreement.
(c) Performance and marketing standards.
(d) Notice provisions for termination, cancellation, or nonrenewal.
(e) Obligations in the preparation and delivery of the product and warranty service.
(f) Disposal obligations upon termination, cancellation, or nonrenewal of inventory, equipment, furnishings, special tools, and required signs acquired within 18 months of the date of termination, cancellation, or nonrenewal.
(g) Dispute resolution procedures.
History:
1989, Act 88, Imd. Eff. June 20, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 88 of 1989 - Watercraft and Outboard Motor Manufacturers, Distributors, and Dealers (445.541 - 445.547) › Section 445.545 - Sale, Transfer, or Exchange of Dealership; Consent; Criteria; Prohibited Conduct.

445.545 Sale, transfer, or exchange of dealership; consent; criteria; prohibited conduct.
Sec. 5.
(1) A manufacturer or distributor shall not unreasonably withhold consent to the sale, transfer, or exchange of a dealership to a person who meets the criteria set forth in the dealer agreement.
(2) Failure to respond within 60 days of receipt of a written request for the sale, transfer, or exchange of a dealership shall be considered consent to the request.
(3) Except for a material breach of the lease, a manufacturer or distributor shall not terminate, cancel, fail to renew, or discontinue a lease of a new watercraft dealer's place of business.
History:
1989, Act 88, Imd. Eff. June 20, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 88 of 1989 - Watercraft and Outboard Motor Manufacturers, Distributors, and Dealers (445.541 - 445.547) › Section 445.546 - Inability of Designated Successor to Succeed New Watercraft Dealer.

445.546 Inability of designated successor to succeed new watercraft dealer.
Sec. 6.
If a designated successor is not able to succeed the new watercraft dealer because of the designated successor's death or legal incapacity, the dealer, within 60 days after that death or incapacity, shall execute a new document nominating a designated successor.
History:
1989, Act 88, Imd. Eff. June 20, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 88 of 1989 - Watercraft and Outboard Motor Manufacturers, Distributors, and Dealers (445.541 - 445.547) › Section 445.547 - Designated Successor of Deceased or Incapacitated New Watercraft Dealer; Notice of Intent; Existing Dealer Agreement; Personal and Financial Data; Notice of Refusal to Approve Succession.

445.547 Designated successor of deceased or incapacitated new watercraft dealer; notice of intent; existing dealer agreement; personal and financial data; notice of refusal to approve succession.
Sec. 7.
(1) A designated successor of a deceased or incapacitated new watercraft dealer may succeed the dealer in the ownership or operation of the dealership under the existing dealer agreement if the designated successor gives the manufacturer or distributor written notice of his or her intention to succeed to the dealership within 60 days after the dealer's death or incapacity and agrees to be bound by all of the terms and conditions of the dealer agreement. A manufacturer or distributor may refuse to honor the existing dealer agreement with the designated successor for good cause or criteria agreed to in the existing dealer agreement.
(2) The manufacturer or distributor may request from a designated successor the personal and financial data necessary to determine whether the existing dealer agreement should be honored. Upon request, the designated successor shall supply the personal and financial data.
(3) Within 60 days after receiving the notice of the designated successor's intent to succeed the dealer in the ownership and operation of the dealership or within 60 days after receiving the requested personal and financial data, whichever last occurs, if a manufacturer or distributor believes that good cause or other criteria exist for refusing to honor the succession, the manufacturer or distributor may serve upon the designated successor notice of its refusal to approve the succession.
History:
1989, Act 88, Imd. Eff. June 20, 1989
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 200 of 1937 - Secondhand Watches (445.551 - 445.555) › Section 445.551 - Definitions.

445.551 Definitions.
Sec. 1.
For the purposes of this act:
"Consumer" shall mean an individual, firm, partnership, association or corporation who buys for own use or for the use of another but not for re-sale.
"Second-hand watch" means:
(1) A watch which, as a whole, the case thereof, or the movement thereof, has previously been sold to a consumer: Provided, however, That a watch which has been so sold, and is thereafter returned within 60 days from the date of such sale, either through an exchange or for credit, to the same person who sold such watch to the consumer, shall not be deemed to be a second-hand watch for the purpose of this act, if such person keeps a written or printed record setting forth the name and address of the consumer, the date of the sale to the consumer, the name of the watch or its maker, and the serial numbers (if any) on the case and the movement of the watch or other distinguishing numbers or identification marks, the aforesaid record to be kept for at least 3 years from the date of the sale of the watch and to be open for inspection during all business hours by the prosecuting attorney of the county in which such person is engaged in business; or
(2) Any watch whose case or movement, serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered.
History:
1937, Act 200, Eff. Oct. 29, 1937 ;-- CL 1948, 445.551
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 200 of 1937 - Secondhand Watches (445.551 - 445.555) › Section 445.552 - Sale; Tag, Size, Wording.

445.552 Sale; tag, size, wording.
Sec. 2.
Any person, or agent or employe thereof, who sells a second-hand watch, shall affix and keep affixed to the same a tag at least 1 inch by 1 1/2 inches with the words "second-hand" legibly written or printed thereon in the English language. For the purposes of this act, "sell" shall be deemed to include offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange.
History:
1937, Act 200, Eff. Oct. 29, 1937 ;-- CL 1948, 445.552
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 200 of 1937 - Secondhand Watches (445.551 - 445.555) › Section 445.553 - Invoice; Contents.

445.553 Invoice; contents.
Sec. 3.
Any person, or agent or employe thereof, who sells a second-hand watch, shall deliver to the vendee a written notice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the fact that the watch is second-hand, the name of the watch or its maker, and the serial number (if any), or other distinguishing numbers or identification marks on its case and movement. In the event the serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice. A duplicate of the aforesaid invoice shall be kept on file by the vendor of such second-hand watch for at least 1 year from the date of the sale thereof and shall be open to inspection during all business hours by the prosecuting attorney of the county in which the vendor is engaged in business.
History:
1937, Act 200, Eff. Oct. 29, 1937 ;-- CL 1948, 445.553
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 200 of 1937 - Secondhand Watches (445.551 - 445.555) › Section 445.554 - Advertisement.

445.554 Advertisement.
Sec. 4.
Any person advertising second-hand watches for sale in any manner shall state clearly in such advertisement that the watches so advertised are second-hand watches. If such advertisement is printed or written, the fact that such watches are second-hand shall be printed or written in bold faced letters.
History:
1937, Act 200, Eff. Oct. 29, 1937 ;-- CL 1948, 445.554
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 200 of 1937 - Secondhand Watches (445.551 - 445.555) › Section 445.555 - Violation of Act; Penalty.

445.555 Violation of act; penalty.
Sec. 5.
Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by the laws of this state.
History:
1937, Act 200, Eff. Oct. 29, 1937 ;-- CL 1948, 445.555
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.571a - "Container Composed of a Combination of These Materials" Defined.

445.571a "Container composed of a combination of these materials" defined.
Sec. 1a.
As used in section 1, "container composed of a combination of these materials" does not include a container that, when filled, is designed and intended to be frozen and is composed in whole or in part of aluminum and plastic or aluminum and paper in combination, if the aluminum content represents 20% or less of the unfilled container weight and the weight of the container materials represents 5% or less of the total weight of the filled container.
History:
Add. 2012, Act 213, Imd. Eff. June 27, 2012
Popular Name:
Bottle Bill
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.573 - Certification of Beverage Containers.

445.573 Certification of beverage containers.
Sec. 3.
(1) To promote the use in this state of reusable beverage containers of uniform design, and to facilitate the return of containers to manufacturers for reuse as a beverage container, the commission shall certify beverage containers which satisfy the requirements of this section.
(2) A beverage container shall be certified if:
(a) It is reusable as a beverage container by more than 1 manufacturer in the ordinary course of business.
(b) More than 1 manufacturer will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container.
(3) The commission shall not certify more than 1 beverage container of a particular manufacturer in each size classification. The commission shall by rule establish appropriate size classifications in accordance with the purposes set forth in subsection (1), each of which shall include a size range of at least 3 liquid ounces.
(4) A beverage container shall not be certified under this section:
(a) If by reason of its shape or design, or by reason of words or symbols permanently inscribed thereon, whether by engraving, embossing, painting, or other permanent method, it is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name.
(b) If the commission finds that its use by more than 1 manufacturer is not of sufficient volume to promote the purposes set forth in subsection (1).
(5) Unless an application for certification under this section is denied by the commission within 60 days after the application is filed, the beverage container shall be deemed certified.
(6) The commission may at any time review certification of a beverage container. If, upon the review, after written notice and hearing afforded to the person who filed the original application for certification of the beverage container under this section, the commission determines that the beverage container is no longer qualified for certification, it shall withdraw certification. Withdrawal of certification shall be effective on a date specified by the commission, but not less than 30 days after written notice to the person who filed the original application for certification of the beverage container under this section, and to the manufacturer referred to in subsection (2).
History:
1976, Initiated Law 1, Eff. Dec. 3, 1978
Popular Name:
Bottle Bill
Admin Rule:
R 445.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.573a - Report; Filing; Contents.

445.573a Report; filing; contents.
Sec. 3a.
Not later than March 1 of each year, a distributor or manufacturer that originates a deposit on 1 or more beverage containers shall file a report with the department of treasury in the form prescribed by the department.
The report must indicate, for the time period of January 1 to December 31 of the preceding year, the dollar value of the total deposits collected by the distributor or manufacturer on beverage containers sold in this state, the total refunds made upon beverage containers redeemed by the distributor or manufacturer in this state, and any refunds received under section 3b(5).
History:
Add. 1989, Act 148, Eff. July 27, 1989 ;-- Am. 2022, Act 198, Eff. Jan. 1, 2023
Popular Name:
Bottle Bill
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.573d - Unclaimed Deposits.

445.573d Unclaimed deposits.
Sec. 3d.
Unclaimed deposits on returnable containers are considered to be the property of the person purchasing the returnable container and are not the property of the distributor or manufacturer who originated the deposit.
History:
Add. 1989, Act 148, Eff. July 27, 1989
Popular Name:
Bottle Bill
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.573e - Cleanup and Redevelopment Trust Fund.

445.573e Cleanup and redevelopment trust fund.
Sec. 3e.
(1) The cleanup and redevelopment trust fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the trust fund. The state treasurer shall direct the investment of the trust fund. The state treasur er shall credit to the trust fund interest and earnings from fund investments.
(3) Money in the trust fund at the close of the fiscal year shall remain in the trust fund and shall not lapse to the general fund.
(4) The state treasurer shall annually disburse the following amounts from the trust fund:
(a) For each of the state fiscal years 1996-1997, 1997-1998, and 1998-1999, up to $15,000,000.00 each year of money in the trust fund to the cleanup and redevelopment fund created in section 20108 of part 201 (environmental remediation) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.20108 of the Michigan Compiled Laws.
(b) In addition to the disbursements under subdivision (a), each state fiscal year, 80% of the revenues received by the trust fund from disbursements under section 3c to the cleanup and redevelopment fund and 10% to the community pollution prevention fund created in section 3f.
(5) All money in the trust fund that is not disbursed pursuant to subsection (4) shall remain in the trust fund until the trust fund reaches an accumulated principal of $200,000,000.00. After the trust fund reaches an accumulated principal of $200,000,000.00, interest and earnings of the trust fund only shall be expended, upon appropriation, for the purposes specified in section 20113(4) of part 201 (environmental remediation) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.20113 of the Michigan Compiled Laws.
(6) As used in this section, "trust fund" means the cleanup and redevelopment trust fund created in subsection (1).
History:
Add. 1996, Act 384, Imd. Eff. July 24, 1996
Popular Name:
Bottle Bill
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.573f - Community Pollution Prevention Fund.

445.573f Community pollution prevention fund.
Sec. 3f.
(1) The community pollution prevention fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the community pollution prevention fund. The state treasurer shall direct the investment of the community pollution prevention fund. The state treasurer shall credit to the community pollution prevention fund interest and earnings from fund investments.
(3) Money in the community pollution prevention fund at the close of the fiscal year shall remain in the community pollution prevention fund and shall not lapse to the general fund.
(4) The department of environmental quality shall expend interest and earnings of the community pollution prevention fund only, upon appropriation, for grants for the purpose of preventing pollution, with an emphasis on the prevention of groundwater contamination and resulting risks to the public health, ecological risks, and public and private cleanup costs. The department of environmental quality shall enter into contractual agreements with grant recipients, who shall include county governments, local health departments, municipalities, and regional planning agencies. Activities to be performed by grant recipients and program objectives and deliverables shall be specified in the contractual agreements. Grant recipients shall provide a financial match of not less than 25% nor more than 50%. Not more than $100,000.00 may be granted in any fiscal year to a single recipient. Eligible pollution prevention activities include all of the following:
(a) Drinking water wellhead protection, including the delineation of wellhead protection areas and implementation of wellhead protection plans pursuant to the safe drinking water act, Act No. 399 of the Public Acts of 1976, being sections 325.1001 to 325.1023 of the Michigan Compiled Laws.
(b) The review of pollution incident prevention plans prepared by, and the inspection of, facilities whose storage or handling of hazardous materials may pose a risk to the groundwater.
(c) The identification and plugging of abandoned wells other than oil and gas wells.
(d) Programs to educate the general public and businesses that use or handle hazardous materials on pollution prevention methods, technologies, and processes, with an emphasis on the direct reduction of toxic material releases or disposal at the source.
(5) The department of environmental quality shall annually prepare a report summarizing the grants made under this section, contractual commitments made and achieved, and a preliminary evaluation of the effectiveness of this section not later than September 30, 1997, and September 30 of each year thereafter, and shall provide a copy of this report to the chairs of the house and senate appropriations subcommittees for the department of environmental quality.
History:
Add. 1996, Act 384, Imd. Eff. July 24, 1996
Popular Name:
Bottle Bill
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.574b - Posting Notice on Dealer's Premises; Failure to Comply; Penalty.

445.574b Posting notice on dealer's premises; failure to comply; penalty.
Sec. 4b.
(1) In that portion of the dealer's premises where returnable containers are redeemed, a dealer shall post a notice that says substantially the following: "A person who returns out-of-state nonreturnable containers for a refund is subject to penalties of up to 5 years in jail, a fine of $5,000.00, and restitution.".
(2) A dealer who fails to comply with this section is subject to a civil fine of not more than $50.00.
History:
Add. 1998, Act 473, Eff. Apr. 1, 1999 ;-- Am. 2008, Act 385, Eff. Mar. 31, 2009
Popular Name:
Bottle Bill
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.574c - Distributor Sale to Dealer; 10 Cent Deposit; Exceptions; Record.

445.574c Distributor sale to dealer; 10 cent deposit; exceptions; record.
Sec. 4c.
A distributor that sells to a dealer a nonrefillable container that contains a beverage, not including beer, ale, or other malt drink of whatever alcoholic content, or a mixed wine drink or mixed spirit drink, shall originate a 10 cent deposit on that container at the time of sale to the dealer and shall maintain a record of that deposit for purposes of its required annual filing under section 3a.
History:
Add. 2021, Act 140, Eff. Mar. 27, 2022
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.575 - Repeal of MCL 445.191.

445.575 Repeal of MCL 445.191.
Sec. 5.
Act No. 142 of the Public Acts of 1971, being section 445.191 of the Compiled Laws of 1970, is repealed.
History:
1976, Initiated Law 1, Eff. Dec. 3, 1978
Popular Name:
Bottle Bill
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Initiated Law 1 of 1976 - Beverage Containers (445.571 - 445.576) › Section 445.576 - Effective Date.

445.576 Effective date.
Sec. 6.
This act shall take effect two years after it becomes law.
History:
1976, Initiated Law 1, Eff. Dec. 3, 1978
Popular Name:
Bottle Bill
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 145 of 1988 - Degradable Packaging for Containers (445.581 - 445.584)

DEGRADABLE PACKAGING FOR CONTAINERS
Act 145 of 1988
445.581-445.584 Repealed. 1994, Act 451, Eff. Mar. 30, 1995.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 2016 - Regulation of Auxiliary Containers (445.591 - 445.593) › Section 445.591 - Definitions.

445.591 Definitions.
Sec. 1.
As used in this act:
(a) "Auxiliary container" means a bag, cup, bottle, or other packaging, whether reusable or single-use, that meets both of the following requirements:
(i) Is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multilayer substrates.
(ii) Is designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a food service or retail facility.
(b) "Local unit of government" means a county, township, city, or village.
History:
2016, Act 389, Eff. Mar. 28, 2017
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 2016 - Regulation of Auxiliary Containers (445.591 - 445.593) › Section 445.592 - Prohibition, Restriction, or Regulation of Auxiliary Containers by Local Government; Prohibitions.

445.592 Prohibition, restriction, or regulation of auxiliary containers by local government; prohibitions.
Sec. 2.
Subject to section 3, a local unit of government shall not adopt or enforce an ordinance that does any of the following:
(a) Regulates the use, disposition, or sale of auxiliary containers.
(b) Prohibits or restricts auxiliary containers.
(c) Imposes a fee, charge, or tax on auxiliary containers.
History:
2016, Act 389, Eff. Mar. 28, 2017
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 389 of 2016 - Regulation of Auxiliary Containers (445.591 - 445.593) › Section 445.593 - Scope of MCL 445.592.

445.593 Scope of MCL 445.592.
Sec. 3.
(1) Section 2 shall not be construed to prohibit or restrict any of the following:
(a) A curbside recycling program.
(b) A designated residential or commercial recycling location.
(c) A commercial recycling program.
(2) Section 2 does not apply to any of the following:
(a) An ordinance that prohibits littering, as described in section 8902 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8902.
(b) The use of auxiliary containers on property owned by a local unit of government.
History:
2016, Act 389, Eff. Mar. 28, 2017
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 1895 - Abandonment of Business (445.601 - 445.606) › Section 445.601 - Abandonment of Business by Municipally Aided Company Without Restoration of Benefits and Interest Unlawful.

445.601 Abandonment of business by municipally aided company without restoration of benefits and interest unlawful.
Sec. 1.
That it shall be unlawful for any corporation or company doing business in this state, at any time, or for the officers, agents or others having control of the corporation or company, or of the business of property of such corporation or company, to move, abandon or discontinue, in any way, to any material extent, any factory, work shop, machine shop, repair shop, office, agency or other establishment, or the work or business carried on therein, from any city, town or other place within this state, without repaying and restoring any and all money, bonds, lands and other property, which have been, or shall hereafter be given or granted as a consideration or inducement for the location or construction, operation, enlargement or maintenance at any such city, town or place, of such factory, work shop, machine shop, repair shop, office, agency or establishment, or of the work or business carried on thereat; and such payment or restoration must include and be accompanied by the payment of lawful interest on such money, bonds, lands and other property, or upon the proceeds or reasonable profits thereof, for the full period that shall have elapsed between the date of the original gift and such final payment and restoration.
History:
1895, Act 144, Eff. Aug. 30, 1895 ;-- CL 1897, 5447 ;-- CL 1915, 7140 ;-- CL 1929, 9831 ;-- CL 1948, 445.601
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 1895 - Abandonment of Business (445.601 - 445.606) › Section 445.602 - Abandonment of Business; Application of Act; Benefit to Company Officer or Agent or to Predecessor Company.

445.602 Abandonment of business; application of act; benefit to company officer or agent or to predecessor company.
Sec. 2.
The provisions and penalties shall apply in all cases where the gift or grant was or shall be made by any city, town, company, person or persons, and they shall apply in all cases where the gift, grant, consideration or inducement, was made or paid to the corporation or company owning or operating such factory, work shop, machine shop, repair shop, office, agency, or establishment, and shall apply as well in all cases where such gift, grant, consideration or inducement was made or paid to any officer, agent, receiver or trustee of such corporation or company, or at any time in control of the property or business of the corporation or company; and the provisions and penalties of this act shall apply also if the corporation or company has succeeded to the rights, franchises, property or business of any corporation or company to which or the officers, agents, receivers or trustees of which company or corporation, or of its property, any such gift, grant, consideration or inducement was or shall have been made or paid.
History:
1895, Act 144, Eff. Aug. 30, 1895 ;-- CL 1897, 5448 ;-- CL 1915, 7141 ;-- CL 1929, 9832 ;-- CL 1948, 445.602
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 1895 - Abandonment of Business (445.601 - 445.606) › Section 445.603 - Violation of Act; Misdemeanor.

445.603 Violation of act; misdemeanor.
Sec. 3.
The violation of any of the provisions of this act by any corporation or company, or any shareholder, officer or agent of any corporation or company, or by any person or persons succeeding to or controlling or managing the property or business of such corporation or company, is hereby made a misdemeanor, to be punished by fines, penalties, forfeitures, injunctions and imprisonments, as provided in other sections of this act.
History:
1895, Act 144, Eff. Aug. 30, 1895 ;-- CL 1897, 5449 ;-- CL 1915, 7142 ;-- CL 1929, 9833 ;-- CL 1948, 445.603
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 1895 - Abandonment of Business (445.601 - 445.606) › Section 445.604 - Violation of Act; Penalty.

445.604 Violation of act; penalty.
Sec. 4.
Any shareholder, officer, agent or other person violating any of the provisions of this act shall be punished by imprisonment for not more than 1 year, or by fine not exceeding 1,000 dollars, or by both such fine and imprisonment; any corporation or company violating any of the provisions of this act shall be punished by a fine of 1,000 dollars for each day that shall elapse between such act of removal, abandonment or discontinuation, and the repayment and restoration required by this act; and any such corporation or company found guilty of violating any of the provisions of this act shall also forfeit all rights or franchises derived from or enjoyed within this state, and shall be enjoined from transacting any business within the state.
History:
1895, Act 144, Eff. Aug. 30, 1895 ;-- CL 1897, 5450 ;-- CL 1915, 7143 ;-- CL 1929, 9834 ;-- CL 1948, 445.604
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 1895 - Abandonment of Business (445.601 - 445.606) › Section 445.605 - Restoration of Benefits; Payment.

445.605 Restoration of benefits; payment.
Sec. 5.
The repayments and restorations required by this act shall be made to the city, town, company, person or persons, by which or from whom the gift, grant, consideration or inducement was made or paid, or to their successors, assigns or legal representatives.
History:
1895, Act 144, Eff. Aug. 30, 1895 ;-- CL 1897, 5451 ;-- CL 1915, 7144 ;-- CL 1929, 9835 ;-- CL 1948, 445.605
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 1895 - Abandonment of Business (445.601 - 445.606) › Section 445.606 - Forfeitures and Injunctions; Rights of Municipality Upon Failure of Company.

445.606 Forfeitures and injunctions; rights of municipality upon failure of company.
Sec. 6.
The forfeitures and injunctions provided for in this act may be decreed and enforced by any circuit court of any county in which any such corporation or company may do business, in a suit to be instituted for the purpose, in the name of the state of Michigan, by the prosecuting attorney of the county in which such suit is prosecuted: Provided, That in case of the suspension of any such business on account of the financial failure of any such company or corporation (other than railroad corporations), the person, city, village or town having so contributed any money, bonds, lands or other property shall become and be creditors of such company or corporation to the amount and value of such bonds, money or other property so contributed, and shall be treated and have all the rights of other creditors of such company or corporation; and such company or corporation, its shareholders, officers or agents, shall not be liable to the penalties herein provided: Provided further, That the provisions of this act shall not apply to any corporation or company having received any bonds, money, lands or other property as a consideration or inducement for the erection or construction, operation, enlargement or maintenance of any factory, work shop, machine shop, office, agency or establishment at any city, town or place for a specified length of time and having fully complied with all the conditions of the contract and agreement under which such bonds, money, lands or other property was given such company or corporation.
History:
1895, Act 144, Eff. Aug. 30, 1895 ;-- CL 1897, 5452 ;-- CL 1915, 7145 ;-- CL 1929, 9836 ;-- CL 1948, 445.606
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.611 - Definitions.

445.611 Definitions.
Sec. 1.
For purposes of this act:
(a) "Customer" means a person who causes a moldbuilder to fabricate, cast, or otherwise make a die, mold, or form for use in the manufacture, assembly, or fabrication of plastic parts, or a person who causes a molder to use a die, mold, or form to manufacture, assemble, or fabricate a plastic product.
(b) "Moldbuilder" means a person who fabricates, casts, or otherwise makes, repairs, or modifies a die, mold, or form for use in the manufacture, assembly, or fabrication of plastic parts.
(c) "Molder" means a person who uses a die, mold, or form to manufacture, assemble, or fabricate plastic parts.
(d) "Person" means an individual, firm, partnership, association, corporation, limited liability company, or other legal entity.
History:
1981, Act 155, Eff. Jan. 1, 1982 ;-- Am. 2002, Act 17, Imd. Eff. Mar. 1, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.612 - Transfer of Rights, Title, and Interest in Die, Mold, or Form to Molder; Purpose.

445.612 Transfer of rights, title, and interest in die, mold, or form to molder; purpose.
Sec. 2.
Unless otherwise agreed in writing, if a customer does not claim possession of a die, mold, or form from the molder within 3 years from the last use of the die, mold, or form, all rights, title, and interest in the die, mold, or form may, at the option of the molder, be transferred by operation of law to the molder for purposes of destroying the die, mold, or form.
History:
1981, Act 155, Eff. Jan. 1, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.613 - Notice of Intention to Terminate Customer's Rights, Title, and Interest in Die, Mold, or Form.

445.613 Notice of intention to terminate customer's rights, title, and interest in die, mold, or form.
Sec. 3.
After the expiration of the 3-year period set forth in section 2, if a molder chooses to have all rights, title, and interest in a die, mold, or form transferred to the molder by operation of law, the molder shall send written notice by registered mail, return receipt requested, to an address designated in writing by the customer, or if not so designated, to the customer's last known address, indicating that the molder intends to terminate the customer's rights, title, and interest in the die, mold, or form, by having all rights, title, and interest in the die, mold, or form transferred to the molder by operation of law, pursuant to this act.
History:
1981, Act 155, Eff. Jan. 1, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.614 - Effect of Customer's Failure to Claim Possession of Die, Mold, or Form or to Make Storage Arrangements; Construction of Section.

445.614 Effect of customer's failure to claim possession of die, mold, or form or to make storage arrangements; construction of section.
Sec. 4.
If a customer does not claim possession of the die, mold, or form within 120 days after the date the molder receives the return receipt of the notice sent pursuant to section 3, or does not make other arrangements with the molder for storage of the die, mold, or form within the time limit set forth in this section, all rights, title, and interest of the customer in the die, mold, or form shall be transferred by operation of law to the molder for purposes of destroying the die, mold, or form. This section shall not be construed to affect a right of a customer under federal patent or copyright law, or any state or federal law pertaining to unfair competition.
History:
1981, Act 155, Eff. Jan. 1, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.615 - Retroactive Application of 3-Year Waiting Period.

445.615 Retroactive application of 3-year waiting period.
Sec. 5.
The 3-year waiting period provided in section 2 shall apply retroactively in the case of a die, mold, or form in the possession of a molder on the effective date of this act.
History:
1981, Act 155, Eff. Jan. 1, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.616 - Applicability and Construction of MCL 445.612 to 445.615.

445.616 Applicability and construction of MCL 445.612 to 445.615.
Sec. 6.
Sections 2 to 5 shall not apply if a molder retains title to and possession of a die, mold, or form. Sections 2 to 5 shall not be construed to grant a customer rights, title, or interest in a die, mold, or form.
History:
1981, Act 155, Eff. Jan. 1, 1982 ;-- Am. 1986, Act 103, Imd. Eff. May 16, 1986
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.617 - Effective Date.

445.617 Effective date.
Sec. 7.
This act shall take effect January 1, 1982.
History:
1981, Act 155, Eff. Jan. 1, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.618 - Molder's Lien.

445.618 Molder's lien.
Sec. 8.
A molder has a lien, dependent on possession, on any die, mold, or form in the molder's possession belonging to a customer for the amount due the molder from the customer for plastic fabrication work performed with the die, mold, or form. A molder may retain possession of the die, mold, or form until the amount due is paid.
History:
Add. 1986, Act 103, Imd. Eff. May 16, 1986
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.618a - Enforcement of Lien; Notice.

445.618a Enforcement of lien; notice.
Sec. 8a.
Before enforcing a lien granted to a molder under section 8, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. The notice shall state that a lien is claimed for the amount due for plastic fabrication work or for making or improving the die, mold, or form. The notice shall include a demand for payment.
History:
Add. 1986, Act 103, Imd. Eff. May 16, 1986 ;-- Am. 2002, Act 17, Imd. Eff. Mar. 1, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.618b - Sale of Die, Mold, or Form; Conditions.

445.618b Sale of die, mold, or form; conditions.
Sec. 8b.
If the molder has not been paid the amount due within 90 days after the notice has been received by the customer provided in section 8a, the molder may sell the die, mold, or form at a public auction if both of the following occur:
(a) The die, mold, or form is still in the molder's possession.
(b) The molder complies with section 8c.
History:
Add. 1986, Act 103, Imd. Eff. May 16, 1986
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.618c - Sale of Die, Mold, or Form; Notice; Dispute.

445.618c Sale of die, mold, or form; notice; dispute.
Sec. 8c.
(1) Before a molder may sell the die, mold, or form, the molder shall notify, by registered mail, return receipt requested, the customer and any person whose security interest is perfected by filing. The notice shall include the following information:
(a) The molder's intention to sell the die, mold, or form 60 days after the customer's receipt of the notice.
(b) A description of the die, mold, or form to be sold.
(c) The time and place of the sale.
(d) An itemized statement for the amount due.
(e) A statement that the product produced complies with the quality and quantity ordered.
(2) If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, or form in a newspaper of general circulation in the place where the die, mold, or form is being held for sale by the molder and in the place of the customer's last known address. The notice shall include a description of the die, mold, or form and name of the customer.
(3) If a customer disagrees with the notice described in subsection (1), the customer shall notify the molder in writing by registered mail, return receipt requested, that the product produced did not meet the quality or quantity ordered. A molder who receives this notice shall not sell the die, mold, or form until the dispute is resolved.
History:
Add. 1986, Act 103, Imd. Eff. May 16, 1986
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.618d - Sale for Sum Greater Than Amount of Lien; Disposition of Proceeds; Prohibited Sales.

445.618d Sale for sum greater than amount of lien; disposition of proceeds; prohibited sales.
Sec. 8d.
(1) If the sale is for a sum greater than the amount of the lien, the proceeds shall first be paid to the prior lienholder who has a perfected lien in an amount sufficient to extinguish that interest. Any excess shall next be paid to the molder who possesses a lien under this act in an amount sufficient to extinguish that interest. Any remainder shall then be paid to the customer.
(2) A sale shall not be made under this act if it would be in violation of any right of a customer under federal patent or copyright law.
History:
Add. 1986, Act 103, Imd. Eff. May 16, 1986