Title 445, TRADE AND COMMERCE

Sec. 1. This act shall be known and may be cited as the "farm and utility equipment act".

Sec. 2. As used in this act unless the context clearly requires otherwise: (a) "Attachments" means machinery or any part of a piece of machinery designed to be used on or in conjunction with farm tractors, farm equipment, utility tractors, and utility equipment. (b) "Current net …

Sec. 3. If a dealer enters into an agreement with a supplier and the agreement is subsequently terminated, the supplier shall repurchase any inventory of the dealer as provided in this act. The dealer may choose to keep the inventory if there exists a contractual right to do so.

Sec. 4. (1) The supplier shall pay 100% of the net cost of all undamaged and complete tractors, equipment, and attachments, which were purchased within 30 months of the termination of the agreement, less an allowance for usage for demonstration or usage for rental, provided the d…

Sec. 5. (1) The provisions of this act are supplemental to any agreement between the dealer and the supplier governing the return of inventory and the dealer may elect to pursue either a contract remedy or the remedy provided in this act. With respect to a dealer located in this …

Sec. 6. The provisions of this act shall not require the repurchase of the following by a supplier from a dealer: (a) Any perishable repair part included in a list of parts with shelf lives published by the supplier and provided to the dealer before termination, the shelf life of…

Sec. 7. (1) If any supplier fails or refuses to pay or credit the account of the dealer for any inventory required to be repurchased by section 3 within 90 days after receipt by the supplier of that inventory, he or she shall be liable for 100% of the net cost of all tractors, eq…

Sec. 7a. (1) A supplier shall not terminate, cancel, fail to renew, or substantially change the competitive circumstances of an agreement without good cause. A supplier shall provide a dealer at least 90 days' prior written notice of termination, cancellation, nonrenewal, or subs…

Sec. 8. (1) Upon the death of the dealer or the majority stockholder of a corporation or a partner in a partnership operating as a dealer, the supplier shall, at the option of the heirs, repurchase the inventory from the surviving spouse or the heir or heirs of the dealer or majo…

Sec. 9. The provisions of this act shall not be construed to affect in any way any security interest that any financial institution, person, or supplier has in the inventory of the dealer.

Sec. 10. The provisions of this act shall apply to all agreements, contracts, sales agreements, security agreements, or franchise agreements written or implied in force and effect on or after January 2, 1990.

Sec. 1. (1) A person shall not carry on the business of a second hand dealer or junk dealer in a county, city, or village in this state without first obtaining, from the mayor of the city or the chief executive officer of the county or village where the business is to be carried …

Sec. 2. (1) The mayor of a city or chief executive officer of a county or village may grant a license to a person that authorizes that person to carry on the business of a second hand dealer or junk dealer in that city, county, or village, subject to the provisions of this act. F…

Sec. 3. As used in this act: (a) "Automated recycling kiosk" means an interactive device that meets all of the following: (i) Is installed in a secure retail space. (ii) Has the following technological functions: (A) Verification of a seller's identity by remote examination of a …

Sec. 4. (1) A second hand dealer or junk dealer shall post in a conspicuous place in or on its place of business a sign that states its name and occupation. (2) A second hand dealer or junk dealer shall make and maintain a separate book or other written or electronic record, numb…

Sec. 5. (1) Except as provided in subsection (2), a second hand dealer or junk dealer shall retain each article it purchases or receives in exchange for at least 15 days before disposing of it, in an accessible place in the building where the article is purchased and received. Th…

Sec. 6. If the purchaser or receiver, by exchange or otherwise, as described in section 3, is a peddler or goes about with a wagon to purchase or obtain by exchange or otherwise, any of such articles, and does not have a place of business in a building, he need not retain such ar…

Sec. 7. No person shall purchase or receive by sale, barter or exchange or otherwise, any article mentioned in this act from any person between the hours of 9 p.m. and 7 a.m., nor from any person who is at the time intoxicated or from an habitual drunkard or from any person known…

Sec. 8. (1) Except as otherwise provided for in this section, a person who violates this act is guilty of a misdemeanor and shall be imprisoned for not more than 6 months and shall be fined not less than $500.00 or more than $1,000.00. (2) A second hand or junk dealer who buys or…

Sec. 1. As used in this act: (a) "Assumed" means transfers of real property subject to a real property loan by assumptions, land contracts, wrap-around loans, or transfers subject to the mortgage or similar lien, and other like transfers. (b) "Blended rate period" means a period …

Sec. 2. Except for a residential window period loan, a lender may enforce a due-on-sale clause in a real property loan in accordance with the terms of the loan contract. A lender shall enforce a due-on-sale clause in a residential window period loan only in accordance with sectio…

Sec. 3. (1) Before a sale or transfer of property securing a residential window period loan, which contains a due-on-sale clause, the following procedure shall be followed: (a) The borrower, or the proposed buyer or transferee, shall provide written notice to the lender of the pr…

Sec. 4. (1) If a lender is not entitled to enforce a due-on-sale clause in a residential window period loan under the procedures established in section 3, the lender shall either consent in writing to the proposed sale or transfer or shall offer in writing to consent in writing t…

Sec. 5. (1) With respect to any residential real property loan, other than a residential real property loan originated by a federal savings and loan association, a federal savings bank, a national bank, or a federally chartered credit union, if the property securing the loan was …

Sec. 6. A lender shall not enforce a due-on-sale clause in a residential real property loan in any circumstances under which enforcement is prohibited under section 341(d) of the Garn-St. Germain depository institutions act of 1982, 12 U.S.C. 1701j-3, as currently in force.

Sec. 6a. Nothing in this act shall be construed to prohibit a lender, either before or after making a determination of the creditworthiness of a proposed buyer or transferee, from consenting in writing to a sale or transfer of real property that is subject to a residential window…

Sec. 7. Each contract for the sale or transfer of residential property which is subject to a mortgage shall provide in boldface type substantially as follows: "Seller understands that consummation of the sale or transfer of the property described in this agreement shall not relie…

Sec. 8. (1) A lender who knowingly enforces or attempts to enforce a due-on-sale clause in violation of this act shall be liable for a civil fine not to exceed $5,000.00 for each offense. The attorney general or a prosecuting attorney may bring an action to recover a civil fine u…

Sec. 9. This act shall take effect October 15, 1985.

Sec. 1. A person licensed to practice medicine by an agency of the department of licensing and regulation, a hospital, agency or any other entity billing patients or third parties for laboratory work, shall not bill a patient for laboratory work performed by a clinical laboratory…

Sec. 2. A person licensed to practice medicine by an agency of the department of licensing and regulation shall not receive a fee or other remuneration from a clinical laboratory or an intermediary for a clinical laboratory for submitting specimens from patients to a clinical lab…

Sec. 3. A person who is in violation of section 1 shall be guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00 or both.

Sec. 1. As used in this act, "direct molding process" means any manufacturing process in which an original product is used as a pattern for making a mold which mold is used to manufacture copies of that product.

Sec. 2. (1) A person shall not manufacture for the purpose of sale, by use of a direct molding process, a product manufactured by another person without the permission of that other person. (2) A person shall not sell a product manufactured in violation of subsection (1).

Sec. 3. A person injured by a violation of this act may bring a civil action for injunctive relief. In addition, an injured person is entitled to actual damages caused by the violation, reasonable attorney's fees, and costs.

Sec. 4. This act shall not apply to a product which is manufactured using a mold made before January 1, 1983.

Sec. 1. As used in this act: (a) "Customer" means an individual who purchases, rents, or borrows a book, other written material, a sound recording, or a video recording. (b) "Employee" means an individual who works for an employer in exchange for wages or other remuneration. (c) …

Sec. 2. (1) Subject to subsection (2) and except as provided in section 3 or as otherwise provided by law, a person, or an employee or agent of the person, engaged in the business of selling at retail, renting, or lending books or other written materials, sound recordings, or vid…

Sec. 3. A record or information described in section 2 may be disclosed only in 1 or more of the following circumstances: (a) With the written permission of the customer. (b) Pursuant to a warrant or court order. (c) To the extent reasonably necessary to collect payment for the m…

Sec. 4. A person that violates this act is guilty of a misdemeanor.

Sec. 5. (1) Regardless of any criminal prosecution for the violation, a person that violates this act may be liable in a civil action for damages to a customer under subsection (2). (2) A customer described in subsection (1) who suffers actual damages as a result of a violation o…

Sec. 1. This act shall be known and may be cited as the "reverse vending machine antifraud act".

Sec. 3. As used in this act: (a) "Beverage container" means that term as defined in section 1 of the beverage container law, MCL 445.571. (b) "Beverage container law" means 1976 IL 1, MCL 445.571 to 445.576. (c) "Brand" means any word, name, group of letters, symbol, or trademark…

Sec. 5. Not later than 450 days after the effective date of this act, a reverse vending machine manufacturer shall begin installing vision technology into a sufficient sample of reverse vending machines that process glass beverage containers and plastic beverage containers and co…

Sec. 7. (1) Subject to subsection (2), beginning 360 days after the effective date of this act, a reverse vending machine manufacturer shall not lease, sell, or otherwise transfer a reverse vending machine that processes metal beverage containers for use in any county of this sta…

Sec. 9. (1) Subject to subsection (2), beginning 720 days after the effective date of this act, a reverse vending machine manufacturer shall not lease, sell, or otherwise transfer a reverse vending machine that processes glass beverage containers or plastic beverage containers fo…