Michigan Compiled Laws Act 298 Of 1992 Public Safety Solicitation Act (14.301 - 14.327)

An act to regulate the solicitation of contributions by persons affiliated with or organized for the benefit of public safety organizations; to provide for registration and disclosure statements; to prescribe the powers and duties of certain state agencies and officials; to prohibit certain activities; and to prescribe remedies and penalties.

History: 1992, Act 298, Imd. Eff. Dec. 18, 1992

Section 14.301 Short Title.
This act shall be known and may be cited as the “public safety solicitation act”. History: 1992, Act 298, Imd. Eff. Dec. 18, 1992
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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,...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 14.316 Authority Of Attorney General To Bring Action In Court; Notice; Opportunity To Cease And Desist; Forwarding Notice Of Violation And Information; Civil Penalty.
(1) If the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to engage in a...
Section 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...
Section 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...
Section 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...
Section 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...
Section 14.321 Actions To Obtain Declaratory Judgment Or Injunctions; Action To Recover Actual Damages; Class Action; Appointing Receiver Or Ordering Sequestration Of Assets; Cost Of Notice; Limitation On Damages Resulting From Bona Fide Error; Statute Of Limitations; Asserting Defense Or Counterclaim.
(1) Whether or not he or she seeks damages or has an adequate remedy at law, a person may bring an action to do...
Section 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...
Section 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...
Section 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...
Section 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...
Section 14.326 Attorney General Or Local Prosecutors; Powers Or Duties Not Limited Or Restricted By Act.
This act does not limit or restrict the exercise of powers or the performance of the duties of the attorney general or local prosecutors...
Section 14.327 Conditional Effective Date.
This act shall not take effect unless Senate Bill No. 1140 of the 86th Legislature is enacted into law. History: 1992, Act 298, Imd....

Last modified: October 10, 2016