reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.16 - Report of State Agency Required to Review, Approve, or Grant Permits; Information File on State Agency Permits; List of Permits; Availability and Contents; Preparation and Distribution of Information Explaining Permit Requirements Affecting Businesses; Report of New or Modified Permit; Effective Date; Recommendations.

***** 445.16 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.16 Report of state agency required to review, approve, or grant permits; information file on state agency permits; list of permits; availability and contents; preparation and distribution of information explaining permit requirements affecting businesses; report of new or modified permit; effective date; recommendations.
Sec. 6.
(1) Not later than 90 days after the effective date of this act, each state agency required to review, approve, or grant permits shall report to the office, in a form prescribed by the office, on each type of such review, approval, and permit administered by the state agency. The report of each state agency shall include specific application forms, any applicable rules, and the time period necessary for permit application consideration, based upon experience and statutory requirement.
(2) The office shall prepare an information file on state agency permits and permit requirements upon receipt of the information required by subsection (1).
(3) Not later than 180 days after the effective date of this act, the office shall make available to the public at the offices of the department and through distribution to appropriate local governmental offices a list of all permits issued by each state agency. The list shall include, but not be limited to, the name of the permit, the division of the state department that issues the permit, the cost of the original and renewal fees of the permit, the frequency of renewal, and whether a physical or record inspection is required before approval of the permit application. The office also shall prepare and distribute information explaining permit requirements affecting businesses, including requirements having multiple permit or multiple state agency aspects.
(4) Each state agency required to review, approve, or grant permits shall provide the office with a report of any new permit or modification of any existing permit, together with applicable forms, rules, and information required by subsection (1). A new or modified permit shall not become effective until 20 working days after the office has received the report. However, the 20-working day period may be dispensed with for any new or modified permit adopted as an emergency rule pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.
(5) The office shall make recommendations as to the modification of permits or permit requirements to the affected state agency.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.17 - Master Application Procedure.

***** 445.17 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.17 Master application procedure.
Sec. 7.
(1) Within 180 days after the effective date of this act, the office shall develop and implement a master application procedure to expedite the identification and processing of permits. A master application shall be made on a form prescribed by the office and shall include the nature of the project, the location of the project, and any other information which the department by rule requires.
(2) The use of a master application shall be at the option of a person planning to start a business. Upon request of a person, the office shall assist the person in preparing the master application, describe the procedures involved, and provide other information that may be helpful or necessary.
(3) Upon receipt of a master application, the office immediately shall notify in writing each state agency having a possible interest in the application with respect to permits which are or may be required. The notification shall be accompanied by a copy of the master application, together with the date by which the state agency shall respond.
(4) Each notified state agency shall respond in writing to the office not later than the specified date described in subsection (3), not exceeding 15 working days after receipt of the notice. The notified state agency shall advise the office as to the number of permits under its jurisdiction that are or may be required for the business undertaking described in the master application. The response shall include a copy of each applicable permit that the applicant needs to complete and information concerning any fees charged by the state agency issuing the permit.
(5) After receipt of 1 or more permits and other applicable information from the notified state agencies, the office shall provide the applicant with the state agency application forms and other related information and shall advise the applicant that each enclosed application form is to be completed and forwarded to the appropriate state agency, or, at the option of the applicant, the office will receive and forward the forms as a package, together with the necessary fees, to the appropriate state agencies.
(6) An applicant may withdraw a master application at any time without forfeiture of any permit approval applied for or obtained under the master application procedures described in this section.
(7) After the applicant completes the necessary state agency permit application forms and submits the necessary fees and additional information required by the state agency, the permit issuing process follows existing procedures of the state agency. The office may act in an advisory capacity in aiding the applicant with state agency permit requirements, but this act does not infringe upon the state agency's jurisdiction or authority concerning the issuance of permits.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.18 - Preapplication Conference.

***** 445.18 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.18 Preapplication conference.
Sec. 8.
Upon request of a person and if the executive director considers it advisable, the office may conduct a preapplication conference at which affected state agencies shall participate in order to clarify the nature and scope of their interest, to provide guidance to the person in relation to permit application requirements and review processes, to point out obstacles the person may have in obtaining the necessary permits or in establishing a profit-making business, and to coordinate state agency actions with regard to the business undertaking. Other state agencies having responsibilities for business promotion and regulation may participate in this conference at the discretion of the executive director. The executive director or his or her designee shall organize, attend, and supervise a preapplication conference.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.19 - Rejection of Permit Application; Classification and Explanation.

***** 445.19 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.19 Rejection of permit application; classification and explanation.
Sec. 9.
To the extent possible, the office, upon the request of an applicant who has had 1 or more permit applications rejected by a state agency, shall clarify to the applicant the reasons for the rejection of the permit application and shall explain the steps that the applicant needs to take in order for approval of his or her permit application to be granted.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.20 - Services Available Without Cost.

***** 445.20 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.20 Services available without cost.
Sec. 10.
Services rendered by the office shall be made available without cost to the applicant.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.21 - Annual Appropriation.

***** 445.21 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.21 Annual appropriation.
Sec. 11.
The legislature annually shall appropriate a sum sufficient to implement this act.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.22 - Annual Report.

***** 445.22 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.22 Annual report.
Sec. 12.
The executive director annually shall report to the governor and the legislature on the effectiveness of the office in assisting applicants in obtaining permits, including the number of master applications the office had processed during the year and the number of applicants whose necessary permit applications all were approved.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.23 - Rules.

***** 445.23 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.23 Rules.
Sec. 13.
The department shall promulgate rules to implement this act pursuant to the administrative procedures act, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 141 of 1982 - Business Coordination Procedures Act (445.11 - 445.24) › Section 445.24 - Applicability of Act.

***** 445.24 THIS SECTION DOES NOT APPLY AFTER APRIL 27, 1987: See 445.24 *****
445.24 Applicability of act.
Sec. 14.
This act shall not apply 5 years after the effective date of this act.
History:
1982, Act 141, Imd. Eff. Apr. 27, 1982
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 2019 - Mail and Mail Depository Protection Act (445.31 - 445.33) › Section 445.31 - Short Title.

445.31 Short title.
Sec. 1.
This act shall be known and may be cited as the "mail and mail depository protection act".
History:
2019, Act 48, Eff. Dec. 16, 2019
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 2019 - Mail and Mail Depository Protection Act (445.31 - 445.33) › Section 445.32 - Definitions.

445.32 Definitions.
Sec. 2.
As used in this act:
(a) "Mail" means a letter, postal card, package, bag, or any other article or thing contained therein, or other sealed article addressed to a person.
(b) "Person" means an individual, partnership, corporation, limited liability company, association, or other legal entity.
History:
2019, Act 48, Eff. Dec. 16, 2019
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 48 of 2019 - Mail and Mail Depository Protection Act (445.31 - 445.33) › Section 445.33 - Taking, Holding, Concealing, or Destroying Mail Addressed to Another Person; Prohibited Conduct; Violation as a Crime; Penalties; Applicable Whether Alive or Deceased.

445.33 Taking, holding, concealing, or destroying mail addressed to another person; prohibited conduct; violation as a crime; penalties; applicable whether alive or deceased.
Sec. 3.
(1) A person shall not take, hold, conceal, or destroy mail addressed to another person with the intent to defraud any person or deprive the person to whom the mail was addressed of the mail.
(2) A person who violates this section is guilty of a crime punishable as follows:
(a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.
(b) If the violation is a second or subsequent violation of this section, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both.
(3) This section applies whether a person whose mail is obtained, or attempted to be obtained, if the person is an individual, in violation of this section is alive or deceased at the time of the violation.
(4) This section does not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law committed by that person using mail obtained in violation of this section or any other violation of law committed by that person while violating or attempting to violate this section.
History:
2019, Act 48, Eff. Dec. 16, 2019
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 310 of 1984 - Cooperative Identity Protection Act (445.51 - 445.57) › Section 445.51 - Short Title.

445.51 Short title.
Sec. 1.
This act shall be known and may be cited as the "cooperative identity protection act".
History:
1984, Act 310, Eff. Jan. 1, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 310 of 1984 - Cooperative Identity Protection Act (445.51 - 445.57) › Section 445.52 - Definitions.

445.52 Definitions.
Sec. 2.
As used in this act:
(a) "Consumer protection act" means the Michigan consumer protection act, Act No. 331 of the Public Acts of 1976, being sections 445.901 to 445.922 of the Michigan Compiled Laws.
(b) "Person" means an individual, partnership, cooperation, association, trust, or other legal entity.
(c) "Trade or commerce" means trade or commerce as defined in section 2 of the consumer protection act.
History:
1984, Act 310, Eff. Jan. 1, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 310 of 1984 - Cooperative Identity Protection Act (445.51 - 445.57) › Section 445.53 - Use of Terms “Cooperative,”“co-Op,” or Variation Thereof.

445.53 Use of terms “cooperative,”“co-op,” or variation thereof.
Sec. 3.
Unfair, unconscionable, or deceptive methods, acts or practices with respect to the use of the terms cooperative, co-op, or any variation thereof in the conduct of trade or commerce are unlawful and are defined as follows:
(a) Using the terms "cooperative", "co-op", or any variation thereof in one's name when not authorized to make use of those terms by section 1123 of Act No. 162 of the Public Acts of 1982, being section 450.3123 of the Michigan Compiled Laws, or by section 99 of Act No. 327 of the Public Acts of 1931, being section 450.99 of the Michigan Compiled Laws, or representing oneself to be, or causing oneself to be represented as being, a cooperative when one is not a person described in section 1123 of Act No. 162 of the Public Acts of 1982.
(b) In the case of a cooperative, representing or causing others to represent, in connection with offering goods, services, or facilities to consumers, that the cooperative makes membership available to consumers when the cooperative does not make membership available to consumers. Notwithstanding section 1123 of Act No. 162 of the Public Acts of 1982, being section 450.3123 of the Michigan Compiled Laws, use of the term "cooperative", "co-op", or any variation thereof in one's name in communications with consumers may be a violation of this section unless the use of those terms indicates the type of person to whom membership is available. This subdivision shall not prohibit the continued use of the terms "cooperative", "co-op", or any variation thereof by a corporation authorized to use those terms either by section 1123 of Act No. 162 of the Public Acts of 1982 or by section 99 of Act No. 327 of the Public Acts of 1931, if the corporation was in existence and used 1 or more of those terms in its name or to represent itself before the effective date of this act, but such use shall not continue after January 1, 1990.
History:
1984, Act 310, Eff. Jan. 1, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 310 of 1984 - Cooperative Identity Protection Act (445.51 - 445.57) › Section 445.54 - Powers of Enforcement.

445.54 Powers of enforcement.
Sec. 4.
The attorney general shall have the following powers to enforce this act:
(a) To bring an action for a temporary or permanent injunction in the manner provided in section 5 of the consumer protection act.
(b) To accept an assurance of discontinuance in the manner provided in section 6 of the consumer protection act.
(c) To apply for the issuance of subpoenas in the manner provided in sections 7 and 8 of the consumer protection act.
(d) To bring a class action in the manner provided in section 10 of the consumer protection act.
History:
1984, Act 310, Eff. Jan. 1, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 310 of 1984 - Cooperative Identity Protection Act (445.51 - 445.57) › Section 445.55 - Action for Declaratory Judgment or Injunction; Action for Damages and Attorneys' Fees.

445.55 Action for declaratory judgment or injunction; action for damages and attorneys' fees.
Sec. 5.
(1) Whether or not the person seeks damages or has an adequate remedy at law, a person may bring an action to do either of the following:
(a) Obtain a declaratory judgment that a method, act, or practice is unlawful under section 3.
(b) Enjoin in accordance with the principles of equity a person who is engaging or is about to engage in a method, act, or practice which is unlawful under section 3.
(2) A person who suffers loss as a result of a violation of this act may bring an action to recover actual damages or $250.00, whichever is greater, together with reasonable attorneys' fees.
History:
1984, Act 310, Eff. Jan. 1, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 310 of 1984 - Cooperative Identity Protection Act (445.51 - 445.57) › Section 445.56 - Effective Date.

445.56 Effective date.
Sec. 6.
This act shall take effect January 1, 1985.
History:
1984, Act 310, Eff. Jan. 1, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 310 of 1984 - Cooperative Identity Protection Act (445.51 - 445.57) › Section 445.57 - Conditional Effective Date.

445.57 Conditional effective date.
Sec. 7.
This act shall not take effect unless House Bill No. 4335 of the 82nd Legislature is enacted into law.
History:
1984, Act 310, Eff. Jan. 1, 1985
Compiler's Notes:
House Bill No. 4335, referred to in Sec. 7, was filed with the Secretary of State on July 9, 1984, and became P.A. 1984, No. 209, Eff. Nov. 1, 1985.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.61 - Short Title.

445.61 Short title.
Sec. 1.
This act shall be known and may be cited as the "identity theft protection act".
History:
2004, Act 452, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.64 - Exemption.

445.64 Exemption.
Sec. 4.
(1) An entity that is subject to or regulated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, is exempt from this act.
(2) An entity that owns, is owned by, or is under common ownership with an entity described in subsection (1), and maintains the same cybersecurity procedures as that other entity, is exempt from this act.
History:
Add. 2018, Act 649, Eff. Jan. 20, 2020
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.65 - Prohibited Acts; Violations; Defense in Civil Action or Criminal Prosecution; Burden of Proof.

445.65 Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.
Sec. 5.
(1) A person shall not do any of the following:
(a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following:
(i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.
(ii) Commit another unlawful act.
(b) By concealing, withholding, or misrepresenting the person's identity, use or attempt to use the personal identifying information of another person to do either of the following:
(i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.
(ii) Commit another unlawful act.
(2) A person who violates subsection (1)(b)(i) may assert 1 or more of the following as a defense in a civil action or as an affirmative defense in a criminal prosecution, and has the burden of proof on that defense by a preponderance of the evidence:
(a) That the person gave a bona fide gift for or for the benefit or control of, or use or consumption by, the person whose personal identifying information was used.
(b) That the person acted in otherwise lawful pursuit or enforcement of a person's legal rights, including an investigation of a crime or an audit, collection, investigation, or transfer of a debt, child or spousal support obligation, tax liability, claim, receivable, account, or interest in a receivable or account.
(c) That the action taken was authorized or required by state or federal law, rule, regulation, or court order or rule.
(d) That the person acted with the consent of the person whose personal identifying information was used, unless the person giving consent knows that the information will be used to commit an unlawful act.
History:
2004, Act 452, Eff. Mar. 1, 2005 ;-- Am. 2006, Act 246, Imd. Eff. June 30, 2006
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.67 - Additional Prohibited Acts.

445.67 Additional prohibited acts.
Sec. 7.
A person shall not do any of the following:
(a) Make any electronic mail or other communication under false pretenses purporting to be by or on behalf of a business, without the authority or approval of the business, and use that electronic mail or other communication to induce, request, or solicit any individual to provide personal identifying information with the intent to use that information to commit identity theft or another crime.
(b) Create or operate a webpage that represents itself as belonging to or being associated with a business, without the authority or approval of that business, and induces, requests, or solicits any user of the internet to provide personal identifying information with the intent to use that information to commit identity theft or another crime.
(c) Alter a setting on a user's computer or similar device or software program through which the user may access the internet and cause any user of the internet to view a communication that represents itself as belonging to or being associated with a business, which message has been created or is operated without the authority or approval of that business, and induces, requests, or solicits any user of the internet to provide personal identifying information with the intent to use that information to commit identity theft or another crime.
(d) Obtain or possess, or attempt to obtain or possess, personal identifying information of another person with the intent to use that information to commit identity theft or another crime.
(e) Sell or transfer, or attempt to sell or transfer, personal identifying information of another person if the person knows or has reason to know that the specific intended recipient will use, attempt to use, or further transfer the information to another person for the purpose of committing identity theft or another crime.
(f) Falsify a police report of identity theft, or knowingly create, possess, or use a false police report of identity theft.
History:
2004, Act 452, Eff. Mar. 1, 2005 ;-- Am. 2010, Act 318, Eff. Apr. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.72a - Destruction of Data Containing Personal Information Required; Violation as Misdemeanor; Fine; Compliance; "Destroy" Defined.

445.72a Destruction of data containing personal information required; violation as misdemeanor; fine; compliance; "destroy" defined.
Sec. 12a.
(1) Subject to subsection (3), a person or agency that maintains a database that includes personal information regarding multiple individuals shall destroy any data that contain personal information concerning an individual when that data is removed from the database and the person or agency is not retaining the data elsewhere for another purpose not prohibited by state or federal law. This subsection does not prohibit a person or agency from retaining data that contain personal information for purposes of an investigation, audit, or internal review.
(2) A person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $250.00 for each violation. This subsection does not affect the availability of any civil remedy for a violation of state or federal law.
(3) A person or agency is considered to be in compliance with this section if the person or agency is subject to federal law concerning the disposal of records containing personal identifying information and the person or agency is in compliance with that federal law.
(4) As used in this section, "destroy" means to destroy or arrange for the destruction of data by shredding, erasing, or otherwise modifying the data so that they cannot be read, deciphered, or reconstructed through generally available means.
History:
Add. 2006, Act 566, Eff. July 2, 2007
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.72b - Misrepresentation by Advertisement or Solicitation Prohibited; Violation as Misdemeanor; Penalty; Civil Remedy.

445.72b Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy.
Sec. 12b.
(1) A person shall not distribute an advertisement or make any other solicitation that misrepresents to the recipient that a security breach has occurred that may affect the recipient.
(2) A person shall not distribute an advertisement or make any other solicitation that is substantially similar to a notice required under section 12(5) or by federal law, if the form of that notice is prescribed by state or federal law, rule, or regulation.
(3) A person who knowingly or intentionally violates this section is guilty of a misdemeanor punishable as follows:
(a) Except as otherwise provided in subdivisions (b) and (c), by imprisonment for not more than 93 days or a fine of not more than $1,000.00 for each violation, or both.
(b) For a second violation, by imprisonment for not more than 93 days or a fine of not more than $2,000.00 for each violation, or both.
(c) For a third or subsequent violation, by imprisonment for not more than 93 days or a fine of not more than $3,000.00 for each violation, or both.
(4) Subsection (3) does not affect the availability of any civil remedy for a violation of this section or any other state or federal law.
History:
Add. 2006, Act 566, Eff. July 2, 2007 ;-- Am. 2010, Act 315, Eff. Apr. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.75 - Repeal of MCL 750.285.

445.75 Repeal of MCL 750.285.
Sec. 15.
Section 285 of the Michigan penal code, 1931 PA 328, MCL 750.285, is repealed.
History:
2004, Act 452, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.77 - Effective Date.

445.77 Effective date.
Sec. 17.
This act takes effect March 1, 2005.
History:
2004, Act 452, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.79 - Property Subject to Forfeiture.

445.79 Property subject to forfeiture.
Sec. 19.
(1) Except as provided in subsection (2), the following property is subject to forfeiture:
(a) Any personal or real property that has been used, possessed, or acquired in a felony violation of this act.
(b) Except as provided in subparagraphs (i) to (iii), a conveyance, including an aircraft, vehicle, or vessel, used or intended for use to transport, or in any manner to facilitate the transportation of, for the purpose of sale or receipt, property described in subdivision (a):
(i) A conveyance used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it is determined that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this act.
(ii) A conveyance is not subject to forfeiture by reason of any act or omission established by the owner of that conveyance to have been committed or omitted without the owner's knowledge or consent.
(iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission.
(c) Books, records, computers, electronic equipment, and research products and materials, including microfilm, digital media, tapes, and data, used or intended for use in violation of this act.
(d) Any money, negotiable instruments, securities, or any other thing of value that is found in close proximity to any property that is subject to forfeiture under subdivision (a), (b), or (c) is presumed to be subject to forfeiture. This presumption may be rebutted by clear and convincing evidence.
(2) Property used to commit a violation of this act is not subject to forfeiture unless the owner of the property actively participates in or consents to the violation of this act.
(3) Property of any of the following providers is not subject to forfeiture under this act unless it is determined that the provider is a consenting party or privy to a violation of this act:
(a) A telecommunication provider.
(b) An internet service provider.
(c) A computer network service provider.
(d) An interactive computer service provider.
History:
Add. 2010, Act 315, Eff. Apr. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.79a - Seizure of Forfeited Property; Seizure Without Process; Circumstances.

445.79a Seizure of forfeited property; seizure without process; circumstances.
Sec. 19a.
Property that is subject to forfeiture under this act may be seized upon process issued by the circuit court having jurisdiction over the property. Seizure without process may be made under any of the following circumstances:
(a) The property is seized incident to a lawful arrest, pursuant to a search warrant, or pursuant to an inspection under an administrative inspection warrant.
(b) The property is the subject of a prior judgment in favor of this state in an injunction or forfeiture proceeding under this act.
(c) There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.
(d) There is probable cause to believe that the property was used or is intended to be used in violation of this act.
(e) There is probable cause to believe that the property is the proceeds from activity in violation of this act.
History:
Add. 2010, Act 314, Eff. Apr. 1, 2011
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 452 of 2004 - Identity Theft Protection Act (445.61 - 445.79d) › Section 445.79d - Seizure and Forfeiture Activities; Report by Agency to Department of State Police; Audit; "Reporting Agency" Defined.

445.79d Seizure and forfeiture activities; report by agency to department of state police; audit; "reporting agency" defined.
Sec. 19d.
(1) Beginning February 1, 2016, each reporting agency shall report all seizure and forfeiture activities under this act to the department of state police as required under the uniform forfeiture reporting act.
(2) Beginning February 1, 2016, each reporting agency is subject to audit as required under the uniform forfeiture reporting act.
(3) As used in this section, "reporting agency" means that term as defined in section 7 of the uniform forfeiture reporting act.
History:
Add. 2015, Act 149, Eff. Jan. 18, 2016
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 454 of 2004 - Social Security Number Privacy Act (445.81 - 445.87) › Section 445.81 - Short Title.

445.81 Short title.
Sec. 1.
This act shall be known and may be cited as the "social security number privacy act".
History:
2004, Act 454, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 454 of 2004 - Social Security Number Privacy Act (445.81 - 445.87) › Section 445.82 - Definitions.

445.82 Definitions.
Sec. 2.
As used in this act:
(a) "Child or spousal support" means support for a child or spouse, paid or provided pursuant to state or federal law under a court order or judgment. Support includes, but is not limited to, any of the following:
(i) Expenses for day-to-day care.
(ii) Medical, dental, or other health care.
(iii) Child care expenses.
(iv) Educational expenses.
(v) Expenses in connection with pregnancy or confinement under the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(vi) Repayment of genetic testing expenses, under the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(vii) A surcharge paid under section 3a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603a.
(b) "Computer", "computer network", or "computer system" mean those terms as defined in section 2 of 1979 PA 53, MCL 752.792.
(c) "Internet" means that term as defined in 47 U.S.C. 230.
(d) "Mailed" means delivered by United States mail or other delivery service that does not require the signature of recipient indicating actual receipt.
(e) "Person" means an individual, partnership, limited liability company, association, corporation, public or nonpublic elementary or secondary school, trade school, vocational school, community or junior college, college, university, state or local governmental agency or department, or other legal entity.
(d) "Publicly display" means to exhibit, hold up, post, or make visible or set out for open view, including, but not limited to, open view on a computer device, computer network, website, or other electronic medium or device, to members of the public or in a public manner. The term does not include conduct described in section 3(1)(b), (c), or (f).
(e) "Title IV-D agency" means that term as defined in section 2 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.602.
(f) "Vital record" means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333.2805.
(g) "Website" means a collection of pages of the world wide web or internet, usually in HTML format, with clickable or hypertext links to enable navigation from 1 page or section to another, that often uses associated graphics files to provide illustration and may contain other clickable or hypertext links.
History:
2004, Act 454, Eff. Mar. 1, 2005
Compiler's Notes:
In subdivision (b), the phrase "mean those terms" evidently should read "means those terms."Following the first occurrence of subdivision (e), subdivision (d) should evidently be designated subdivision (f); subdivision (e) should evidently be designated subdivision (g); subdivision (f) should evidently be designated (h); and subdivision (g) should evidently be designated (i).
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 454 of 2004 - Social Security Number Privacy Act (445.81 - 445.87) › Section 445.84 - Privacy Policy.

445.84 Privacy policy.
Sec. 4.
(1) Beginning January 1, 2006, a person who obtains 1 or more social security numbers in the ordinary course of business shall create a privacy policy that does at least all of the following concerning the social security numbers the person possesses or obtains:
(a) Ensures to the extent practicable the confidentiality of the social security numbers.
(b) Prohibits unlawful disclosure of the social security numbers.
(c) Limits who has access to information or documents that contain the social security numbers.
(d) Describes how to properly dispose of documents that contain the social security numbers.
(e) Establishes penalties for violation of the privacy policy.
(2) A person that creates a privacy policy under subsection (1) shall publish the privacy policy in an employee handbook, in a procedures manual, or in 1 or more similar documents, which may be made available electronically.
(3) This section does not apply to a person who possesses social security numbers in the ordinary course of business and in compliance with the fair credit reporting act, 15 USC 1681 to 1681v, or subtitle A of title V of the Gramm-Leach-Bliley act, 15 USC 6801 to 6809.
History:
2004, Act 454, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 454 of 2004 - Social Security Number Privacy Act (445.81 - 445.87) › Section 445.85 - Exemption From Disclosure.

445.85 Exemption from disclosure.
Sec. 5.
All or more than 4 sequential digits of a social security number contained in a public record are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, pursuant to section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL 15.243.
History:
2004, Act 454, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 454 of 2004 - Social Security Number Privacy Act (445.81 - 445.87) › Section 445.86 - Violation of MCL 445.83 as Misdemeanor; Penalty; Recovery of Damages in Civil Action.

445.86 Violation of MCL 445.83 as misdemeanor; penalty; recovery of damages in civil action.
Sec. 6.
(1) A person who violates section 3 with knowledge that the person's conduct violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(2) An individual may bring a civil action against a person who violates section 3 and may recover actual damages. If the person knowingly violates section 3, an individual may recover actual damages or $1,000.00, whichever is greater. If the person knowingly violates section 3, an individual may also recover reasonable attorney fees. Except for good cause, not later than 60 days before filing a civil action, an individual must make a written demand to the person for a violation of section 3 for the amount of his or her actual damages with reasonable documentation of the violation and the actual damages caused by the violation. This subsection does not apply to a person for conduct by an employee or agent of the person in violation of a privacy policy created pursuant to section 4 or in compliance with the fair credit reporting act, 15 USC 1681 to 1681v, or subtitle A of title V of the Gramm-Leach-Bliley act, 15 USC 6801 to 6809, if the person has taken reasonable measures to enforce its policy and to correct and prevent the reoccurrence of any known violations.
History:
2004, Act 454, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 454 of 2004 - Social Security Number Privacy Act (445.81 - 445.87) › Section 445.87 - Effective Date.

445.87 Effective date.
Sec. 7.
This act takes effect March 1, 2005.
History:
2004, Act 454, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.101 - Unlawful Trade Practices; Suppression.

445.101 Unlawful trade practices; suppression.
Sec. 1.
The legislature of the state of Michigan hereby finds: improper and misleading uses of the words "wholesale,""employee" and similar terms or phrases in connection with certain sales; and likewise improper and misleading uses of the words "manufacturer,""broker,""wholesaler," and similar terms or phrases denoting that the seller of a product is something other than a retailer thereof; and likewise the other practices hereinafter prohibited, are harmful to the welfare of the people of this state in the following ways, among others: consumers are misled into believing they are buying goods at a substantial discount from regular retail prices, when in fact they are not; trade is diverted from established retail outlets offering various customer services (such as free deliveries, exchange privileges, and credit facilities) to establishments not offering equal services but selling at substantially the same price, to the detriment of the consumer, who is deprived of the benefit of such services without receiving compensating advantages; purchases by business concerns, at discounts from current retail market prices, of goods, wares, and merchandise purchased not for business use but for the personal use of individuals, divert trade unfairly from established retail outlets, resulting in a loss of sales tax revenues and in a trend to higher retail prices. The legislature, acting in the exercise of the police power of the state, declares that the public policy of the state requires, and that the general welfare of the people of the state will be benefited by, the suppression of the trade practices hereinafter defined.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.101
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.102 - Unlawful Trade Practices; Definitions.

445.102 Unlawful trade practices; definitions.
Sec. 2.
When used in this act:
(a) The term "person" includes any individual, firm, co-partnership, joint adventure, association, municipal or private corporation whether organized for profit or not, company, estate, trust, or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.
(b) The term "employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee.
(c) "Sale" or "sell" includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.102
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.103 - Unlawful Trade Practices; Wholesale, Use of Term.

445.103 Unlawful trade practices; wholesale, use of term.
Sec. 3.
It shall be an unlawful trade practice for any seller or transferor of any goods, wares, or merchandise to advertise, claim, or imply that any sale or other transfer of goods, wares, or merchandise is a sale or transfer at wholesale unless such sale or transfer is made to a transferee for resale and unless such sale or transfer is not subject to the provisions of the sales tax law, being Act No. 167 of the Public Acts of 1933, as amended or hereafter amended.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.103
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.104 - Unlawful Trade Practices; Employee, Use of Term.

445.104 Unlawful trade practices; employee, use of term.
Sec. 4.
It shall be an unlawful trade practice for any seller or transferor of any goods, wares, or merchandise to use the word "employee" or any derivative thereof or synonym therefor, in connection with signs, advertising, notices, or other written or printed matter in any way referring to sales or other transfers of goods, wares, or merchandise, if such sales or transfers are made or offered to or for others than bona fide employees of such seller or transferor.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.104
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.105 - Unlawful Trade Practices; Manufacturer, Miller, Wholesaler and Broker, Use of Terms.

445.105 Unlawful trade practices; manufacturer, miller, wholesaler and broker, use of terms.
Sec. 5.
It shall be an unlawful trade practice for any person engaged in selling goods, wares, or merchandise to individual consumers, to incorporate in his business name or otherwise to use in describing his business, the words "manufacturer,""miller,""wholesaler,""broker," or any derivative or synonym for any of them, unless such person is in fact engaged in 1 or more of such businesses in addition to his business of selling goods, wares, or merchandise to individual consumers. In cases where a person is engaged in manufacturing, milling, wholesaling, or brokerage and is in addition engaged in making sales to individual consumers, it shall be an unlawful trade practice for such person to imply directly or indirectly in connection with sales to individual consumers that the selling price is other than a retail price unless the sale is for resale.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.105
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 271 of 1941 - Unlawful Trade Practices (445.101 - 445.109) › Section 445.106 - Unlawful Trade Practices; Purchase of Unrelated Business Items; Automobile Seat Belts, Exemption.

445.106 Unlawful trade practices; purchase of unrelated business items; automobile seat belts, exemption.
Sec. 6.
It shall be an unlawful trade practice for any employer, directly or indirectly, by itself or through a subsidiary agency owned or controlled in part by such employer, to purchase any goods, wares or merchandise in the name of or on the credit of such employer, or at special discounts available to such employer, for any other purpose than for use or resale in the regular course of business of such employer; to sell, cause to be sold, or have under his or its control for sale to his or its employees or to any other person, any goods, wares or merchandise not offered for sale by such employer in the regular course of his or its business; to authorize or permit his or its name, credit or premises to be used in connection with the sale or offer for sale of any such merchandise and to authorize any of his or its officers, agents or employees, during working hours or on his or its premises, to perform any of the acts hereinabove in this section described. This section shall not apply to purchases by an employer for the purpose of use or resale to his or its employees of equipment, tools, candy, chewing gum, meals, tobacco or food services provided in the regular course of business; or to any goods, wares or merchandise which may be related to the business of the employer and which the employer so purchases for resale to his or its employees for the purpose of promoting a principal business of the employer, or for utilizing a principal product or service of the employer. It shall not apply to purchases by an employer for the purpose of resale to his or its employees of automobile safety seat belts for personal use by the employees.
History:
1941, Act 271, Eff. Jan. 10, 1942 ;-- CL 1948, 445.106 ;-- Am. 1956, Act 214, Eff. Aug. 11, 1956 ;-- Am. 1962, Act 115, Eff. Mar. 28, 1963