Mich. Comp. Laws § 14.301
Short title.
This act shall be known and may be cited as the "public safety solicitation act".
Michigan Compiled Laws — PUBLIC SAFETY SOLICITATION ACT (Act 298 of 1992)
Michigan · statute · 298 of 1992, Mich. Comp. Laws · 27 active provisions
Mich. Comp. Laws § 14.302
Definitions.
As used in this act: (a) "Contribution" means the promise, grant, or payment of money or property of any kind or value, including promises to pay made to an organization or professional fund-raiser. Contribution does not include money or property received from a governmental entity or a foundation restricted as to use.…
Mich. Comp. Laws § 14.303
Soliciting contributions; registration of organization with attorney general; form; contents; reporting category distributions; registration fee; effective date, expiration, and renewal of registration.
(1) Except as provided in section 4, a person shall not solicit contributions within this state, or receive funds solicited within this state on its behalf, unless the person is an organization and has first registered with the attorney general. An organization shall register in writing on a form prescribed by the atto…
Mich. Comp. Laws § 14.304
Soliciting contributions by professional fund-raiser; registration with attorney general; form; contents; surety bond; registration fee; effective date, expiration, and renewal of registration; maintaining list of individuals making solicitations.
(1) A professional fund-raiser shall not solicit contributions within this state on behalf of an organization or public safety official without first registering with the attorney general. The registration shall be in writing on a form prescribed by the attorney general and contain the same information as required unde…
Mich. Comp. Laws § 14.305
Notice of change of information.
An organization or professional fund-raiser shall notify the attorney general within 15 days of any change in the information required to be furnished for registration under this act.
Mich. Comp. Laws § 14.306
Public inspection of registration forms and documents; exemption.
(1) Except as provided in subsection (2), registration forms and documents required to be filed with the attorney general under this act shall be open to public inspection as provided by the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws…
Mich. Comp. Laws § 14.307
Registration of out-of-state organization or professional fund-raiser; designation of resident agent required.
The attorney general shall not accept a registration under this act from an organization or professional fund-raiser located in another state or country without the organization or professional fund-raiser first designating a resident agent in this state for the acceptance of service of process.
Mich. Comp. Laws § 14.308
Service of process.
(1) An organization or professional fund-raiser which does not maintain an office within this state shall be subject to service of process by service upon its resident agent, or, if there is no resident agent, by service upon the person who has custody of the financial records as designated on the registration form. (2…
Mich. Comp. Laws § 14.309
Use of name, symbol, or statement.
(1) Except as provided by subsection (2), an organization or professional fund-raiser shall not use for the purpose of soliciting contributions a name, symbol, or statement so closely related or similar to that used by another organization that it would tend to confuse or mislead the public. (2) Subsection (1) does not…
Mich. Comp. Laws § 14.310
Diversion of solicited funds.
An organization or professional fund-raiser shall not divert solicited funds to a purpose or purposes other than that for which the funds were contributed or solicited.
Mich. Comp. Laws § 14.311
Misrepresenting, misleading, making false statements, using other than legal name, or taking advantage of inability to protect interests; recording telephone communications; identification as public safety officer or member of organization; making face-to-face solicitations.
(1) An organization or professional fund-raiser shall not, in connection with the solicitation or reception of contributions for or on behalf of an organization or public safety person, misrepresent to, mislead, make false statements to, or use a name other than the solicitor's legal name to another person by any manne…
Mich. Comp. Laws § 14.312
Disclosure statement; providing percentage ranges upon request.
(1) Each organization or professional fund-raiser shall prepare a disclosure statement to be given with all printed material and read when contact is made by telephone, to each person from whom a contribution is solicited. The disclosure statement shall contain all of the following information: (a) The name and purpose…
Mich. Comp. Laws § 14.313
Information printed on written request for payment.
Each organization or professional fund-raiser shall print the following information conspicuously on all invoices, pledge cards, or other written requests for payment: (a) The name and purpose of the organization. (b) Whether the solicitor is a separate organization acting on behalf of a public safety organization. (c)…
Mich. Comp. Laws § 14.314
Exemptions.
An organization or person is exempt from the requirements of this act if the solicitations of the organization or person meet either of the following: (a) All of the following: (i) The purpose of the solicitation is to aid a specifically named spouse and children of a public safety officer who died or was injured in th…
Mich. Comp. Laws § 14.315
Toll-free telephone number; establishment; purpose.
The attorney general shall establish a toll-free telephone number which may be called to obtain information concerning or to file a complaint against a solicitor of contributions under this act.
Mich. Comp. Laws § 14.316
Authority of attorney general to bring action in court; notice; opportunity to cease and desist; forwarding notice of violation and information; civil penalty.
(1) If the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to engage in a method, act, or practice which is unlawful pursuant to this act, and upon notice given in accordance with this section, the attorney general may bring an action in accordance with principles of e…
Mich. Comp. Laws § 14.317
Assurance of discontinuance of method, act, or practice; filing; enforcement; modification.
(1) If the attorney general has authority to institute an action or proceeding pursuant to section 16, he or she may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this act from the person who is alleged to have engaged, is engaging, or is about to engage in th…
Mich. Comp. Laws § 14.318
Subpoena to appear before attorney general; producing documentary material; service and contents of notice; extending reporting date; modifying or setting aside notice and subpoena; confidentiality of records.
(1) Upon the ex parte application of the attorney general to the circuit court in the county where the person is established or solicits contributions or, if the person is not established in this state, in Ingham county, the circuit court, upon finding probable cause to believe a person has engaged, is engaging, or is…
Mich. Comp. Laws § 14.319
Compliance with terms of notice; prohibited conduct; civil penalty; order to enforce compliance; enjoining person from soliciting contributions.
(1) A person upon whom a notice is served pursuant to section 18 shall comply with the terms of the notice unless otherwise provided by order of the court. (2) A person who does any of the following shall be assessed a civil penalty of not more than $5,000.00: (a) Knowingly without good cause fails to appear when serve…
Mich. Comp. Laws § 14.320
Class action.
(1) The attorney general may bring a class action on behalf of persons residing in or injured in this state for the actual damages caused by any method, act, or practice that is unlawful under this act. (2) The court after a hearing may appoint a receiver or order sequestration of the defendant's assets if it appears t…
Mich. Comp. Laws § 14.321
Actions to obtain declaratory judgment or injunctions; action to recover actual damages; class action; appointing receiver or ordering sequestration of assets; cost of notice; limitation on damages resulting from bona fide error; statute of limitations; asserting defense or counterclaim.
(1) Whether or not he or she seeks damages or has an adequate remedy at law, a person may bring an action to do either or both of the following: (a) Obtain a declaratory judgment that a method, act, or practice is unlawful under this act. (b) Enjoin in accordance with the principles of equity a person who is engaging o…
Mich. Comp. Laws § 14.322
Commencement of action; mailing copy of complaint, judgment, decree, or order; proof of violation of permanent injunction.
(1) Upon commencement of an action brought pursuant to section 21 or section 25, the clerk of the court shall mail a copy of the complaint to the attorney general, and upon entry of a judgment or decree in the action, the clerk of the court shall mail a copy of the judgment, decree, or order to the attorney general. (2…
Mich. Comp. Laws § 14.323
Filing fees not required; conditions.
If the attorney general or prosecuting attorney commences an action or files a voluntary assurance pursuant to this act, filing fees shall not be required to be paid.
Mich. Comp. Laws § 14.324
Law enforcement officer; aid and assistance in investigation.
A law enforcement officer in the state, if requested by the attorney general or a prosecuting attorney, shall aid and assist in an investigation of an alleged or actual violation of this act.
Mich. Comp. Laws § 14.325
Prosecuting attorney; powers and authority.
A prosecuting attorney may conduct an investigation pursuant to this act and may institute and prosecute an action under this act in the same manner as the attorney general.
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