reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 14 - Attorney General › Act 298 of 1992 - Public Safety Solicitation Act (14.301 - 14.327) › Section 14.326 - Attorney General or Local Prosecutors; Powers or Duties Not Limited or Restricted by Act.

14.326 Attorney general or local prosecutors; powers or duties not limited or restricted by act.
Sec. 26.
This act does not limit or restrict the exercise of powers or the performance of the duties of the attorney general or local prosecutors which they are otherwise authorized to exercise or perform under any other provisions of law, including seeking injunctive relief to stop prohibited activity.
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 14.327 - Conditional Effective Date.

14.327 Conditional effective date.
Sec. 27.
This act shall not take effect unless Senate Bill No. 1140 of the 86th Legislature is enacted into law.
History:
1992, Act 298, Imd. Eff. Dec. 18, 1992
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 10 of 1969 - Bonds of State Officers and Employees (15.1 - 15.6) › Section 15.1 - Uniform Bond Coverage; State Officers and Employees; Exceptions.

15.1 Uniform bond coverage; state officers and employees; exceptions.
Sec. 1.
Notwithstanding the provisions of any other law, officers and employees of all state departments and agencies that are required by statute or in the discretion of the director of the department covered, or otherwise to furnish bonds conditioned for their honesty or faithful discharge of their duties shall be covered by a blanket bond or bonds as a departmental group or as a state group by corporate surety companies as approved by the director of the department of administration. Treasurers and tax collectors by whatever title known may be covered by individual bonds.
History:
1969, Act 10, Imd. Eff. May 7, 1969
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 10 of 1969 - Bonds of State Officers and Employees (15.1 - 15.6) › Section 15.2 - Bonds; Conditions, Coverage; Departmental Problems.

15.2 Bonds; conditions, coverage; departmental problems.
Sec. 2.
The director of the department of administration or his designated agent is authorized to determine, after consultation with the director of the department of commerce, the condition of each such bond and whether a single state bond for all state officers and employees or departmental bonds, shall best serve the state. In determining adequate coverage, the department of administration is authorized to obtain bond coverage with provisions relative to departmental problems of a unique nature, including loss deductible or coinsurance provisions.
History:
1969, Act 10, Imd. Eff. May 7, 1969
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 10 of 1969 - Bonds of State Officers and Employees (15.1 - 15.6) › Section 15.3 - Notice to All Surety Companies.

15.3 Notice to all surety companies.
Sec. 3.
In obtaining bond coverage under this act, the department of administration shall notify all surety companies authorized to do business in this state of the provisions of this act and shall contract for adequate coverage.
History:
1969, Act 10, Imd. Eff. May 7, 1969
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 10 of 1969 - Bonds of State Officers and Employees (15.1 - 15.6) › Section 15.4 - Time for Completion; Termination of Other Bonds; Deposit of Refunds.

15.4 Time for completion; termination of other bonds; deposit of refunds.
Sec. 4.
Within 1 year after the effective date of this act, the department of administration shall complete the bonding requirement as required by this act and shall negotiate for the termination of all honesty and faithful discharge of duty bonds otherwise in full force and effect under the provisions of any other law and secure all refunds provided by such terminations and deposit the refunds to the general fund of the state.
History:
1969, Act 10, Imd. Eff. May 7, 1969
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 10 of 1969 - Bonds of State Officers and Employees (15.1 - 15.6) › Section 15.5 - Statutes Superseded.

15.5 Statutes superseded.
Sec. 5.
This act supersedes all statutes, or parts of statutes, relating to amounts, terms and conditions, execution, approval and filing of surety bonds required of officers and employees of state departments and agencies, which are inconsistent with this act.
History:
1969, Act 10, Imd. Eff. May 7, 1969
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 10 of 1969 - Bonds of State Officers and Employees (15.1 - 15.6) › Section 15.6 - Repeal.

15.6 Repeal.
Sec. 6.
Act No. 20 of the Public Acts of 1968, being section 15.111 of the Compiled Laws of 1948, is repealed.
History:
1969, Act 10, Imd. Eff. May 7, 1969
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › R.S. of 1846 - Revised Statutes of 1846 (15.36 - 15.39) › R-S-1846-15-36-12 - Chapter 12 Chapter 12. of Certain State Officers. (15.36...15.39) › R-S-1846-15-36-12-OFFICIAL-OATHS-AND-BONDS-OF-STATE-OFFICERS. - Official Oaths and Bonds of State Officers. (15.36...15.39) › Section 15.36 - Oath of Office; Official Bond; Time; Filing.

15.36 Oath of office; official bond; time; filing.
Sec. 36.
The state officers named in this chapter, the lieutenant governor, deputy secretary of state, and deputy treasurer, shall each, before entering on the execution of his or her office, and within 20 days after receiving official notice of his or her election or appointment, or within 20 days after the commencement of the term of service for which he or she was elected or appointed, take and subscribe the oath of office prescribed in the state constitution of 1963, and deposit the oath of office, with his or her bond, if a bond is required by law, with the secretary of state, who shall file and preserve the oath of office and bond in his or her office.
History:
R.S. 1846, Ch. 12 ;-- CL 1857, 281 ;-- CL 1871, 361 ;-- How. 330 ;-- CL 1897, 150 ;-- CL 1915, 183 ;-- CL 1929, 384 ;-- CL 1948, 15.36 ;-- Am. 2002, Act 365, Imd. Eff. May 24, 2002
Compiler's Notes:
Sections 36 to 39 were originally numbered as sections 35 to 38, but corrected in the margin of the Revised Statutes to read sections 36 to 39.The office of acting commissioner of internal improvements and secretary of board of internal improvements were abolished. See Act 76 of 1847.In this section, “the twelfth article of the constitution” refers to the Constitution of 1835. See now Const. 1963, Art. XI, § 1.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › R.S. of 1846 - Revised Statutes of 1846 (15.36 - 15.39) › R-S-1846-15-36-12 - Chapter 12 Chapter 12. of Certain State Officers. (15.36...15.39) › R-S-1846-15-36-12-OFFICIAL-OATHS-AND-BONDS-OF-STATE-OFFICERS. - Official Oaths and Bonds of State Officers. (15.36...15.39) › Section 15.37 - Oath; Administration.

15.37 Oath; administration.
Sec. 37.
Such oath may be taken and subscribed before any justice of the supreme court, a judge of any court of record, the secretary of state, the attorney general, any mayor of a city, or the clerk of any court of record.
History:
R.S. 1846, Ch. 12 ;-- CL 1857, 282 ;-- CL 1871, 362 ;-- How. 331 ;-- CL 1897, 151 ;-- CL 1915, 184 ;-- CL 1929, 385 ;-- CL 1948, 15.37
Compiler's Notes:
Sections 36 to 39 were originally numbered as sections 35 to 38, but corrected in the margin of the Revised Statutes to read sections 36 to 39.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › R.S. of 1846 - Revised Statutes of 1846 (15.36 - 15.39) › R-S-1846-15-36-12 - Chapter 12 Chapter 12. of Certain State Officers. (15.36...15.39) › R-S-1846-15-36-12-OFFICIAL-OATHS-AND-BONDS-OF-STATE-OFFICERS. - Official Oaths and Bonds of State Officers. (15.36...15.39) › Section 15.38 - Oath or Bond; Deposit, Notice; Penalty for Neglect.

15.38 Oath or bond; deposit, notice; penalty for neglect.
Sec. 38.
If either of said officers shall neglect to deposit his oath or bond, according to the provisions of section 35 [36] of this chapter, and shall neglect to give the notice specified in the next section, or if he shall enter upon the execution of his office before he shall have so deposited his said oath or bond, he shall in either case, forfeit and pay to [the people of], this state 150 dollars.
History:
R.S. 1846, Ch. 12 ;-- CL 1857, 283 ;-- CL 1871, 363 ;-- How. 332 ;-- CL 1897, 152 ;-- CL 1915, 185 ;-- CL 1929, 386 ;-- CL 1948, 15.38
Compiler's Notes:
Sections 36 to 39 were originally numbered as sections 35 to 38, but corrected in the margin of the Revised Statutes to read sections 36 to 39.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › R.S. of 1846 - Revised Statutes of 1846 (15.36 - 15.39) › R-S-1846-15-36-12 - Chapter 12 Chapter 12. of Certain State Officers. (15.36...15.39) › R-S-1846-15-36-12-OFFICIAL-OATHS-AND-BONDS-OF-STATE-OFFICERS. - Official Oaths and Bonds of State Officers. (15.36...15.39) › Section 15.39 - Notice of Declination; Effect.

15.39 Notice of declination; effect.
Sec. 39.
No penalty shall attach on account of any neglect to deposit such oath or bond as aforesaid, in case such officer, before entering upon the execution of his office, and within the time limited for filing such oath or bond, shall give notice in writing to the officer or officers having the power by law to order an election to fill such office, or to fill the same by appointment, or, in case of an appointment by the governor by and with the advice and consent of the senate, to the governor, stating therein that he declines accepting such office.
History:
R.S. 1846, Ch. 12 ;-- CL 1857, 284 ;-- CL 1871, 364 ;-- How. 333 ;-- CL 1897, 153 ;-- CL 1915, 186 ;-- CL 1929, 387 ;-- CL 1948, 15.39
Compiler's Notes:
Sections 36 to 39 were originally numbered as sections 35 to 38, but corrected in the margin of the Revised Statutes to read sections 36 to 39.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Repealed - Act 200 of 1879 - Bond of Auditor General and Commissioner of State Land Office (15.41 - 15.41)

BOND OF AUDITOR GENERAL AND COMMISSIONER OF STATE LAND OFFICE
Act 200 of 1879
15.41 Repealed. 2002, Act 368, Imd. Eff. May 24, 2002.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 16 of 1895 - Bond of Secretary of State, Deputy Secretary of State, and Governor's Secretary and Clerk (15.51 - 15.51) › Section 15.51 - Official Bonds of Certain State Officers; Amount; Filing.

15.51 Official bonds of certain state officers; amount; filing.
Sec. 1.
The secretary of state and deputy secretary of state of this state, and the private secretary and executive clerk of the governor of this state, shall be required within 20 days after this act takes effect, and their successors in office shall be required within 20 days after entering upon the duties of their respective offices, to give bonds to the people of the state of Michigan with 3 or more sureties to be approved by the state treasurer and attorney general, conditioned for the faithful discharge of their official duties, and for the safe and lawful custody and disposition of the money and property of this state that may be entrusted to them or come within their control.
The bond of the secretary of state shall be in the sum of $25,000.00, that of the deputy secretary of state shall be in the sum of $20,000.00, and the bonds of the private secretary and the executive clerk of the governor shall be each in the sum of $5,000.00. The bonds of the secretary of state and deputy secretary of state shall be filed and kept in the office of the state treasurer, and those of the private secretary and executive clerk shall be filed and kept in the office of the secretary of state.
History:
1895, Act 16, Eff. Aug. 30, 1895 ;-- CL 1897, 155 ;-- CL 1915, 188 ;-- CL 1929, 389 ;-- CL 1948, 15.51 ;-- Am. 2002, Act 362, Imd. Eff. May 23, 2002
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 311 of 1905 - Cost and Filing of Bonds (15.71 - 15.72) › Section 15.71 - Procurement of Bonds by Certain State Officers; Cost.

15.71 Procurement of bonds by certain state officers; cost.
Sec. 1.
Whenever a bond is required by the laws of this state to be given by the secretary of state, state treasurer, director of the department of natural resources, attorney general, or superintendent of public instruction, the deputy or deputies of those officers, any other civil or military officer of this state, or any officer of any state institution, whether elected or appointed, who is charged with the duty of being the custodian of any state or institution funds, money, or property, that state or institution officer may procure the required bond from any surety company authorized by the laws of this state to execute the bond, and the cost of the bond, not exceeding 1/2 of 1% per year, shall be paid out of the treasury of this state.
History:
1905, Act 311, Imd. Eff. June 17, 1905 ;-- Am. 1907, Act 143, Imd. Eff. June 12, 1907 ;-- Am. 1913, Act 82, Eff. Aug. 14, 1913 ;-- CL 1915, 189 ;-- CL 1929, 390 ;-- CL 1948, 15.71 ;-- Am. 2002, Act 176, Imd. Eff. Apr. 23, 2002
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 311 of 1905 - Cost and Filing of Bonds (15.71 - 15.72) › Section 15.72 - Bonds; Filing; Safekeeping.

15.72 Bonds; filing; safekeeping.
Sec. 2.
The various bonds referred to in section 1 shall be filed in the office of the secretary of state, any requirement in any other statute of this state to the contrary notwithstanding. However, the bond required to be furnished by the secretary of state, his or her deputy, or any employee connected with that office, required by law to file a bond, shall be filed with the state treasurer. The secretary of state and the state treasurer shall receive and make adequate provision for the safekeeping of the bonds described in this act.
History:
Add. 1915, Act 6, Eff. Aug. 24, 1915 ;-- CL 1915, 190 ;-- CL 1929, 391 ;-- CL 1948, 15.72 ;-- Am. 2002, Act 176, Imd. Eff. Apr. 23, 2002
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Repealed - Act 8 of 1927 - Bond of Superintendent of Public Instruction (15.81 - 15.81)

BOND OF SUPERINTENDENT OF PUBLIC INSTRUCTION
Act 8 of 1927
15.81 Repealed. 1964, Act 287, Eff. Aug. 28, 1964.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 164 of 1848 - Filing of Oaths and Bonds (15.91 - 15.93) › Section 15.91 - Official Bonds; Certificate of Filing.

15.91 Official bonds; certificate of filing.
Sec. 1.
That when any civil officer appointed by the governor, or senate, or by the governor with the advice and consent of the senate of this state, is required by law to give bond and to file the same with any other officer than the secretary of state, he shall procure the certificate of such officer that such bond has been duly filed with him, and file the same with the secretary of state.
History:
1848, Act 164, Eff. May 31, 1848 ;-- CL 1857, 285 ;-- CL 1871, 365 ;-- How. 335 ;-- CL 1897, 156 ;-- CL 1915, 192 ;-- CL 1929, 394 ;-- CL 1948, 15.91
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 164 of 1848 - Filing of Oaths and Bonds (15.91 - 15.93) › Section 15.92 - Official Bonds; Place for Filing.

15.92 Official bonds; place for filing.
Sec. 2.
When any such officer is required by law to give bond for the faithful performance of the duties of his office, and no provision is made by law, for filing the same with any particular officer, such bond shall be filed with the secretary of state.
History:
1848, Act 164, Eff. May 31, 1848 ;-- CL 1857, 286 ;-- CL 1871, 366 ;-- How. 336 ;-- CL 1897, 157 ;-- CL 1915, 193 ;-- CL 1929, 395 ;-- CL 1948, 15.92
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 164 of 1848 - Filing of Oaths and Bonds (15.91 - 15.93) › Section 15.93 - Official Oaths and Certificates or Bonds; Time for Filing.

15.93 Official oaths and certificates or bonds; time for filing.
Sec. 3.
Every such officer, except where otherwise directed by law, shall file his oath of office and certificate or bond aforesaid, as the case may be, within 60 days from the receiving of his commission or appointment; and in default thereof, such commission or appointment shall be null and void: Provided, That officers appointed in and for the counties of Mackinac, Chippewa, Schoolcraft, Houghton, Ontonagon and Marquette, shall file their oaths, certificates and bonds as herein provided, within 90 days from their appointment or commission.
History:
1848, Act 164, Eff. May 31, 1848 ;-- CL 1857, 287 ;-- CL 1871, 367 ;-- How. 337 ;-- CL 1897, 158 ;-- CL 1915, 194 ;-- CL 1929, 396 ;-- CL 1948, 15.93
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 179 of 1885 - Justification of Sureties (15.101 - 15.103) › Section 15.101 - Official Bonds; Justification of Sureties Prerequisite to Approval.

15.101 Official bonds; justification of sureties prerequisite to approval.
Sec. 1.
That hereafter no bond required by law to be signed by surety or sureties shall hereafter be received and accepted or approved by any officer or other person or board whose duty it is or may be to accept or approve of any such bond unless the surety or sureties signing such bond shall first have justified their pecuniary responsibility under their signature, in writing, endorsed on said bond or attached thereto. And before any such bond shall be received and approved or accepted, the justification of the sureties thereof shall, in the aggregate, equal the penal sum of the bond, and show that the sureties thereof are worth in unencumbered property not exempt from execution under the laws of this state the penal sum thereof, after payment of all just debts, claims, and liabilities.
History:
1885, Act 179, Eff. Sept. 19, 1885 ;-- How. 8234a ;-- CL 1897, 159 ;-- CL 1915, 195 ;-- CL 1929, 397 ;-- CL 1948, 15.101
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 179 of 1885 - Justification of Sureties (15.101 - 15.103) › Section 15.102 - Official Bonds; Oath of Justification, Penalty.

15.102 Official bonds; oath of justification, penalty.
Sec. 2.
Such oath of justification shall be administered by some officer authorized by law to administer oaths, and any person knowingly or willfully making any false statement of his pecuniary responsibility in such justification shall be guilty of perjury and liable, upon conviction thereof, to the penalty of perjury.
History:
1885, Act 179, Eff. Sept. 19, 1885 ;-- How. 8234b ;-- CL 1897, 160 ;-- CL 1915, 196 ;-- CL 1929, 398 ;-- CL 1948, 15.102
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 179 of 1885 - Justification of Sureties (15.101 - 15.103) › Section 15.103 - Official Bonds; Acceptance Without Justification; Penalty; Liability.

15.103 Official bonds; acceptance without justification; penalty; liability.
Sec. 3.
Any person or persons receiving and accepting or approving any such bond without such justification shall be guilty of a misdemeanor, and shall further be liable for all damages that may be sustained or incurred by any person by reason of such defective bond being accepted or approved.
History:
1885, Act 179, Eff. Sept. 19, 1885 ;-- How. 8234c ;-- CL 1897, 161 ;-- CL 1915, 197 ;-- CL 1929, 399 ;-- CL 1948, 15.103
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Repealed - Act 20 of 1968 - Uniform Bond Coverage for Commerce Department (15.111 - 15.111)

UNIFORM BOND COVERAGE FOR COMMERCE DEPARTMENT
Act 20 of 1968
15.111 Repealed. 1969, Act 10, Imd. Eff. May 7, 1969.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 22 of 1951 - Constitutional Oath of Office (15.151 - 15.151) › Section 15.151 - Constitutional Oath of Office; Employees and Persons in Service of State.

15.151 Constitutional oath of office; employees and persons in service of state.
Sec. 1.
All persons now employed, or who may be employed by the state of Michigan or any governmental agency thereof, and all other persons in the service of the state or any governmental agency, shall, as a condition of their employment, take and subscribe to the oath or affirmation required of members of the legislature and other public officers by section 2 of article 16 of the constitution of 1908 of the state of Michigan.
History:
1951, Act 22, Imd. Eff. Apr. 5, 1951
Compiler's Notes:
For constitutional provision referred to in this section, see now Const. 1963, Art. XI, § 1.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 566 of 1978 - Incompatible Public Offices (15.181 - 15.185) › Section 15.181 - Definitions.

15.181 Definitions.
Sec. 1.
As used in this act:
(a) "Governing board" means a board of regents, board of trustees, board of governors, board of control, or other governing body of an institution of higher education.
(b) "Incompatible offices" means public offices held by a public official which, when the official is performing the duties of any of the public offices held by the official, results in any of the following with respect to those offices held:
(i) The subordination of 1 public office to another.
(ii) The supervision of 1 public office by another.
(iii) A breach of duty of public office.
(c) "Institution of higher education" means a college, university, community college, or junior college described in section 4, 5, or 6 of article 8 of the state constitution of 1963 or established under section 7 of article 8 of the state constitution of 1963.
(d) "Public employee" means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment.
(e) "Public officer" means a person who is elected or appointed to any of the following:
(i) An office established by the state constitution of 1963.
(ii) A public office of a city, village, township, or county in this state.
(iii) A department, board, agency, institution, commission, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or a city, village, township, or county in this state.
History:
1978, Act 566, Imd. Eff. Dec. 29, 1978
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 566 of 1978 - Incompatible Public Offices (15.181 - 15.185) › Section 15.182 - Holding Incompatible Offices.

15.182 Holding incompatible offices.
Sec. 2.
(1) Except as provided in section 3, a public officer or public employee shall not hold 2 or more incompatible offices at the same time.
History:
1978, Act 566, Imd. Eff. Dec. 29, 1978
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 566 of 1978 - Incompatible Public Offices (15.181 - 15.185) › Section 15.184 - Injunction or Other Judicial Relief or Remedy.

15.184 Injunction or other judicial relief or remedy.
Sec. 4.
The attorney general or a prosecuting attorney may apply to the circuit court for Ingham county or to the circuit court for the county in which the alleged act or practice in violation of this act is alleged to have occurred or in which a party to the alleged violative act or practice resides, for injunctive or other appropriate judicial relief or remedy. However, this act shall not create a private cause of action.
History:
1978, Act 566, Imd. Eff. Dec. 29, 1978
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 566 of 1978 - Incompatible Public Offices (15.181 - 15.185) › Section 15.185 - Action of Public Officer or Employee; Validity; Judicial Relief or Remedy.

15.185 Action of public officer or employee; validity; judicial relief or remedy.
Sec. 5.
An action of a public officer or public employee shall not be absolutely void by reason of this act. An action of a public officer or public employee shall be voidable only by discretionary action of a court of competent jurisdiction, as prescribed in section 4. However, any judicial relief or judicial remedy shall operate prospectively only.
History:
1978, Act 566, Imd. Eff. Dec. 29, 1978
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Repealed - Act 1 of 1948 (2nd Ex. Sess.) - Compensation of Executive Officers (15.201 - 15.204)

COMPENSATION OF EXECUTIVE OFFICERS
Act 1 of 1948 (2nd Ex. Sess.)
15.201-15.204 Repealed. 2002, Act 368, Imd. Eff. May 24, 2002.
Compiler's Notes:
The repealed sections pertained to salaries and compensation of executive officers of state.
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 357 of 1968 - State Officers' Compensation Commission (15.211 - 15.218) › Section 15.211 - Commission; Assignment to Department of Civil Service; Expiration of Members' Terms; Appointment of Members; Reappointments Prohibited; Vacancies; Ineligibility.

15.211 Commission; assignment to department of civil service; expiration of members' terms; appointment of members; reappointments prohibited; vacancies; ineligibility.
Sec. 1.
The state officers' compensation commission created by section 12 of article 4 of the state constitution of 1963 is assigned to the department of civil service for the purposes of administration, budgeting, procurement, and related management functions. For members appointed to a new term after December 31, 2007, the members' terms shall expire on January 1 of the fourth year following appointment. For members appointed to a new term after December 31, 2007, the members shall be appointed prior to January 31 of the year of appointment. A member may not be reappointed. Vacancies shall be filled by the governor for the remainder of the unexpired term. A member or employee of the legislative, judicial, or executive branch of government shall not be eligible to be a member of the commission.
History:
1968, Act 357, Eff. Sept. 20, 1968 ;-- Am. 1975, Act 213, Imd. Eff. Aug. 25, 1975 ;-- Am. 2006, Act 629, Eff. Jan. 1, 2008
Compiler's Notes:
Const 1963, art IV, sec 12 provides that “the legislature shall implement this section by law.”
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 357 of 1968 - State Officers' Compensation Commission (15.211 - 15.218) › Section 15.212 - Definitions.

15.212 Definitions.
Sec. 2.
As used in the constitution "each 2 years" means periods ending on December 31 of each even numbered year. As used in this act, "session days" means any calendar day on which the commission meets and a quorum is present.
History:
1968, Act 357, Eff. Sept. 20, 1968 ;-- Am. 1969, Act 125, Imd. Eff. July 29, 1969
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 357 of 1968 - State Officers' Compensation Commission (15.211 - 15.218) › Section 15.213 - Commission; Meetings; Quorum; Actions or Determinations by Concurrence of Majority; Chairperson; Secretary; Subcommittees.

15.213 Commission; meetings; quorum; actions or determinations by concurrence of majority; chairperson; secretary; subcommittees.
Sec. 3.
The commission shall meet for not more than 15 session days beginning after January 31 of every odd numbered year. Four members of the commission constitute a quorum for conducting the business of the commission. The commission shall not take action or make determinations without a concurrence of a majority of the members appointed and serving on the commission. The commission shall elect a chairperson from among its members. The state personnel director shall act as the secretary to the commission. The commission may establish subcommittees.
History:
1968, Act 357, Eff. Sept. 20, 1968 ;-- Am. 1969, Act 125, Imd. Eff. July 29, 1969 ;-- Am. 1975, Act 213, Imd. Eff. Aug. 25, 1975 ;-- Am. 2006, Act 629, Eff. Jan. 1, 2008
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 357 of 1968 - State Officers' Compensation Commission (15.211 - 15.218) › Section 15.214 - Assistance From State Agencies.

15.214 Assistance from state agencies.
Sec. 4.
The commission may call upon the services and personnel of any agency of the state for assistance.
History:
1968, Act 357, Eff. Sept. 20, 1968
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 357 of 1968 - State Officers' Compensation Commission (15.211 - 15.218) › Section 15.215 - Compensation Commission Compensation, Expenses.

15.215 Compensation commission compensation, expenses.
Sec. 5.
The members of the commission shall receive no compensation but shall be entitled to their actual and necessary expenses incurred in the performance of their duties to be paid from the appropriation made to the department of civil service.
History:
1968, Act 357, Eff. Sept. 20, 1968
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 357 of 1968 - State Officers' Compensation Commission (15.211 - 15.218) › Section 15.216 - Commission; Determination of Salaries and Expense Allowances; Filing Determinations; Copies.

15.216 Commission; determination of salaries and expense allowances; filing determinations; copies.
Sec. 6.
The commission shall determine the salaries and expense allowance of the governor, the lieutenant governor, the attorney general, the secretary of state, the justices of the supreme court, and the members of the legislature and file its determinations with the clerk of the house of representatives, the secretary of the senate, and the director of the department of management and budget on or before June 15 of each odd numbered year and shall furnish copies to the governor, the lieutenant governor, the attorney general, the secretary of state, the justices of the supreme court, and the members of the legislature. The report may be furnished in an electronic format.
History:
1968, Act 357, Eff. Sept. 20, 1968 ;-- Am. 1975, Act 213, Imd. Eff. Aug. 25, 1975 ;-- Am. 2006, Act 629, Eff. Jan. 1, 2008
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 357 of 1968 - State Officers' Compensation Commission (15.211 - 15.218) › Section 15.217 - Salary and Expense Determinations; Concurrent Resolution Adopted by Legislature; Approval or Amendment.

15.217 Salary and expense determinations; concurrent resolution adopted by legislature; approval or amendment.
Sec. 7.
The determinations of the commission shall be the salaries and expense allowances only if the legislature by concurrent resolution adopted by a majority of the members elected to and serving in each house of the legislature approve them. The senate and house of representatives shall alternate on which house of the legislature shall originate the concurrent resolution, with the senate originating the first concurrent resolution in 2009. The concurrent resolution may amend the salary and expense determinations of the state officers compensation commission to reduce the salary and expense determinations by the same proportion for the members of the legislature, the governor, the lieutenant governor, the attorney general, the secretary of state, and the justices of the supreme court. The legislature shall not amend the salary and expense determinations to reduce them to below the salary and expense level that the members of the legislature, the governor, the lieutenant governor, the attorney general, the secretary of state, and the justices of the supreme court receive on the date the salary and expense determinations are made. If the salary and expense determinations are approved or amended as provided in this section, the salary and expense determinations shall become effective for the regular legislative session immediately following the next general election.
History:
1968, Act 357, Eff. Sept. 20, 1968 ;-- Am. 2006, Act 628, Eff. Jan. 1, 2008
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 357 of 1968 - State Officers' Compensation Commission (15.211 - 15.218) › Section 15.218 - Effective Date.

15.218 Effective date.
Sec. 8.
This act shall take effect September 20, 1968.
History:
1968, Act 357, Eff. Sept. 20, 1968
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 442 of 1976 - Freedom of Information Act (15.231 - 15.246) › Section 15.231 - Short Title; Public Policy.

15.231 Short title; public policy.
Sec. 1.
(1) This act shall be known and may be cited as the "freedom of information act".
(2) It is the public policy of this state that all persons, except those persons incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with this act. The people shall be informed so that they may fully participate in the democratic process.
History:
1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1994, Act 131, Imd. Eff. May 19, 1994 ;-- Am. 1996, Act 553, Eff. Mar. 31, 1997 ;-- Am. 1997, Act 6, Imd. Eff. May 16, 1997
Popular Name:
Act 442
Popular Name:
FOIA
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 442 of 1976 - Freedom of Information Act (15.231 - 15.246) › Section 15.236 - Foia Coordinator.

15.236 FOIA coordinator.
Sec. 6.
(1) A public body that is a city, village, township, county, or state department, or under the control of a city, village, township, county, or state department, shall designate an individual as the public body's FOIA coordinator. The FOIA coordinator shall be responsible for accepting and processing requests for the public body's public records under this act and shall be responsible for approving a denial under section 5(4) and (5). In a county not having an executive form of government, the chairperson of the county board of commissioners is designated the FOIA coordinator for that county.
(2) For all other public bodies, the chief administrative officer of the respective public body is designated the public body's FOIA coordinator.
(3) An FOIA coordinator may designate another individual to act on his or her behalf in accepting and processing requests for the public body's public records, and in approving a denial under section 5(4) and (5).
History:
1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1996, Act 553, Eff. Mar. 31, 1997
Popular Name:
Act 442
Popular Name:
FOIA
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 442 of 1976 - Freedom of Information Act (15.231 - 15.246) › Section 15.240b - Failure to Comply With Act; Civil Fine.

15.240b Failure to comply with act; civil fine.
Sec. 10b.
If the court determines, in an action commenced under this act, that a public body willfully and intentionally failed to comply with this act or otherwise acted in bad faith, the court shall order the public body to pay, in addition to any other award or sanction, a civil fine of not less than $2,500.00 or more than $7,500.00 for each occurrence. In determining the amount of the civil fine, the court shall consider the budget of the public body and whether the public body has previously been assessed penalties for violations of this act. The civil fine shall be deposited in the general fund of the state treasury.
History:
Add. 2014, Act 563, Eff. July 1, 2015
Popular Name:
Act 442
Popular Name:
FOIA
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 442 of 1976 - Freedom of Information Act (15.231 - 15.246) › Section 15.241 - Matters Required to Be Published and Made Available by State Agency; Form of Publications; Effect of Matter Not Published and Made Available; Exception; Action to Compel Compliance by State Agency; Order; Attorneys' Fees, Costs, and Disbursements; Jurisdiction; Definitions.

15.241 Matters required to be published and made available by state agency; form of publications; effect of matter not published and made available; exception; action to compel compliance by state agency; order; attorneys' fees, costs, and disbursements; jurisdiction; definitions.
Sec. 11.
(1) A state agency shall publish and make available to the public all of the following:
(a) Final orders or decisions in contested cases and the records on which they were made.
(b) Promulgated rules.
(c) Other written statements that implement or interpret laws, rules, or policy, including but not limited to guidelines, manuals, and forms with instructions, adopted or used by the agency in the discharge of its functions.
(2) Publications may be in electronic format or in pamphlet, loose-leaf, or other appropriate form in printed, mimeographed, or other written matter.
(3) Except to the extent that a person has actual and timely notice of the terms thereof, a person is not required to resort to, and shall not be adversely affected by, a matter required to be published and made available, if the matter is not so published and made available.
(4) This section does not apply to public records that are exempt from disclosure under section 13.
(5) A person may commence an action in the court of claims to compel a state agency to comply with this section. If the court determines that the state agency has failed to comply, the court shall order the state agency to comply and shall award reasonable attorneys' fees, costs, and disbursements to the person commencing the action. The court of claims has exclusive jurisdiction to issue the order.
(6) As used in this section, "state agency", "contested case", and "rule" mean "agency", "contested case", and "rule" as those terms are defined in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 2014, Act 563, Eff. July 1, 2015 ;-- Am. 2020, Act 37, Imd. Eff. Mar. 3, 2020
Popular Name:
Act 442
Popular Name:
FOIA
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 442 of 1976 - Freedom of Information Act (15.231 - 15.246) › Section 15.243a - Salary Records of Employee or Other Official of Institution of Higher Education, School District, Intermediate School District, or Community College Available to Public on Request.

15.243a Salary records of employee or other official of institution of higher education, school district, intermediate school district, or community college available to public on request.
Sec. 13a.
Notwithstanding section 13, an institution of higher education established under section 5, 6, or 7 of article 8 of the state constitution of 1963; a school district as defined in section 6 of Act No. 451 of the Public Acts of 1976, being section 380.6 of the Michigan Compiled Laws; an intermediate school district as defined in section 4 of Act No. 451 of the Public Acts of 1976, being section 380.4 of the Michigan Compiled Laws; or a community college established under Act No. 331 of the Public Acts of 1966, as amended, being sections 389.1 to 389.195 of the Michigan Compiled Laws shall upon request make available to the public the salary records of an employee or other official of the institution of higher education, school district, intermediate school district, or community college.
History:
Add. 1979, Act 130, Imd. Eff. Oct. 26, 1979
Popular Name:
Act 442
Popular Name:
FOIA
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 442 of 1976 - Freedom of Information Act (15.231 - 15.246) › Section 15.244 - Separation of Exempt and Nonexempt Material; Design of Public Record; Description of Material Exempted.

15.244 Separation of exempt and nonexempt material; design of public record; description of material exempted.
Sec. 14.
(1) If a public record contains material which is not exempt under section 13, as well as material which is exempt from disclosure under section 13, the public body shall separate the exempt and nonexempt material and make the nonexempt material available for examination and copying.
(2) When designing a public record, a public body shall, to the extent practicable, facilitate a separation of exempt from nonexempt information. If the separation is readily apparent to a person requesting to inspect or receive copies of the form, the public body shall generally describe the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption.
History:
1976, Act 442, Eff. Apr. 13, 1977
Popular Name:
Act 442
Popular Name:
FOIA
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 442 of 1976 - Freedom of Information Act (15.231 - 15.246) › Section 15.245 - Repeal of MCL 24.221, 24.222, and 24.223.

15.245 Repeal of MCL 24.221, 24.222, and 24.223.
Sec. 15.
Sections 21, 22 and 23 of Act No. 306 of the Public Acts of 1969, as amended, being sections 24.221, 24.222 and 24.223 of the Michigan Compiled Laws, are repealed.
History:
1976, Act 442, Eff. Apr. 13, 1977
Popular Name:
Act 442
Popular Name:
FOIA
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 442 of 1976 - Freedom of Information Act (15.231 - 15.246) › Section 15.246 - Effective Date.

15.246 Effective date.
Sec. 16.
This act shall take effect 90 days after being signed by the governor.
History:
1976, Act 442, Eff. Apr. 13, 1977
Popular Name:
Act 442
Popular Name:
FOIA
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.261 - Short Title; Effect of Act on Certain Charter Provisions, Ordinances, or Resolutions.

15.261 Short title; effect of act on certain charter provisions, ordinances, or resolutions.
Sec. 1.
(1) This act shall be known and may be cited as the "Open meetings act".
(2) This act shall supersede all local charter provisions, ordinances, or resolutions which relate to requirements for meetings of local public bodies to be open to the public.
(3) After the effective date of this act, nothing in this act shall prohibit a public body from adopting an ordinance, resolution, rule, or charter provision which would require a greater degree of openness relative to meetings of public bodies than the standards provided for in this act.
History:
1976, Act 267, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.262 - Definitions.

15.262 Definitions.
Sec. 2.
As used in this act:
(a) "Public body" means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o.
(b) "Meeting" means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o.
(c) "Closed session" means a meeting or part of a meeting of a public body that is closed to the public.
(d) "Decision" means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.
History:
1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 2001, Act 38, Imd. Eff. July 11, 2001
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.264 - Public Notice of Meetings Generally; Contents; Places of Posting.

15.264 Public notice of meetings generally; contents; places of posting.
Sec. 4.
The following provisions shall apply with respect to public notice of meetings:
(a) A public notice shall always contain the name of the public body to which the notice applies, its telephone number if one exists, and its address.
(b) A public notice for a public body shall always be posted at its principal office and any other locations considered appropriate by the public body. Cable television may also be utilized for purposes of posting public notice.
(c) If a public body is a part of a state department, part of the legislative or judicial branch of state government, part of an institution of higher education, or part of a political subdivision or school district, a public notice shall also be posted in the respective principal office of the state department, the institution of higher education, clerk of the house of representatives, secretary of the state senate, clerk of the supreme court, or political subdivision or school district.
(d) If a public body does not have a principal office, the required public notice for a local public body shall be posted in the office of the county clerk in which the public body serves and the required public notice for a state public body shall be posted in the office of the secretary of state.
History:
1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1984, Act 87, Imd. Eff. Apr. 19, 1984
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.266 - Providing Copies of Public Notice on Written Request; Fee.

15.266 Providing copies of public notice on written request; fee.
Sec. 6.
(1) Upon the written request of an individual, organization, firm, or corporation, and upon the requesting party's payment of a yearly fee of not more than the reasonable estimated cost for printing and postage of such notices, a public body shall send to the requesting party by first class mail a copy of any notice required to be posted pursuant to section 5(2) to (5).
(2) Upon written request, a public body, at the same time a public notice of a meeting is posted pursuant to section 5, shall provide a copy of the public notice of that meeting to any newspaper published in the state and to any radio and television station located in the state, free of charge.
History:
1976, Act 267, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 15 - Public Officers and Employees › Act 267 of 1976 - Open Meetings Act (15.261 - 15.275) › Section 15.267 - Closed Sessions; Roll Call Vote; Separate Set of Minutes.

15.267 Closed sessions; roll call vote; separate set of minutes.
Sec. 7.
(1) A 2/3 roll call vote of members elected or appointed and serving is required to call a closed session, except for the closed sessions permitted under section 8(a), (b), (c), (g), (i), and (j). The roll call vote and the purpose or purposes for calling the closed session shall be entered into the minutes of the meeting at which the vote is taken.
(2) A separate set of minutes shall be taken by the clerk or the designated secretary of the public body at the closed session. These minutes shall be retained by the clerk of the public body, are not available to the public, and shall only be disclosed if required by a civil action filed under section 10, 11, or 13. These minutes may be destroyed 1 year and 1 day after approval of the minutes of the regular meeting at which the closed session was approved.
History:
1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1993, Act 81, Eff. Apr. 1, 1994 ;-- Am. 1996, Act 464, Imd. Eff. Dec. 26, 1996