Title 445, TRADE AND COMMERCE

Sec. 21. This act takes effect April 1, 2009.

Sec. 23. This act does not take effect unless all of the following bills of the 94th Legislature are enacted into law: (a) Senate Bill No. 720. (b) Senate Bill No. 1114. (c) Senate Bill No. 1571. (d) House Bill No. 5694.

Sec. 1. This act shall be known and may be cited as the "music royalty practices act".

Sec. 2. As used in this act: (a) "Copyright owner" means the owner of a copyright of a musical work recognized and enforceable under the copyright laws. Copyright owner does not include the owner of a copyright in a motion picture or audiovisual work or in any portion of a motion…

Sec. 3. (1) A performing rights society doing business in this state shall maintain an electronic computer database of its repertoire. The performing rights society shall make available, in electronic form, a current list of at least the names of its authors and publishers of all…

Sec. 4. A performing rights society shall not enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless, at the time of the offer or any time thereafter but at least 72 hours before the execution of the contract, it provides all of the fol…

Sec. 5. (1) A contract for the payment of royalties between a proprietor and a performing rights society executed, issued, or renewed in this state shall comply with all of the following: (a) Be in writing. (b) Be signed by both parties to the contract. (c) Include at least the f…

Sec. 6. (1) A performing rights society or any agent, employee, representative, or other person acting on behalf of the performing rights society shall not do any of the following: (a) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for…

Sec. 7. A person suffering injury by a violation of this act may bring a civil action in a court of competent jurisdiction to recover actual damages and reasonable attorney's fees or seek injunctive or any other relief available at law or in equity.

Sec. 8. This act does not apply to either of the following: (a) Contracts between performing rights societies and broadcasters licensed by the federal communications commission. (b) Investigations by a law enforcement agency or other person regarding a suspected violation of 1994…

Sec. 1. This act shall be known and may be cited as the "uniform trade secrets act".

Sec. 2. As used in this act: (a) "Improper means" includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy or espionage through electronic or any other means. (b) "Misappropriation" means either of the following: (i) Acquisition …

Sec. 3. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court of competent jurisdiction, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time…

Sec. 4. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both …

Sec. 5. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

Sec. 6. In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and orderi…

Sec. 7. An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

Sec. 8. (1) Except as provided in subsection (2), this act displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. (2) This act does not affect any of the following: (a) Contractual remedies, whether…

Sec. 9. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

Sec. 10. This act takes effect October 1, 1998 and does not apply to misappropriation occurring before the effective date. With respect to a continuing misappropriation that began before the effective date, this act does not apply to the continuing misappropriation that occurs af…

Sec. 1. This act shall be known and may be cited as the "identity theft protection act".

Sec. 3. As used in this act: (a) "Agency" means a department, board, commission, office, agency, authority, or other unit of state government of this state. The term includes an institution of higher education of this state. The term does not include a circuit, probate, district,…

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 …

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, …

Sec. 5a. (1) As used in this act: (a) "Confidential telephone record" means any of the following: (i) Information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a service offered by a telecommunication provider subscribed …

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 …

Sec. 7a. (1) 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 communicatio…

Sec. 9. (1) Subject to subsection (6), a person who violates section 5 or 7 is guilty of a felony punishable as follows: (a) Except as otherwise provided in subdivisions (b) and (c), by imprisonment for not more than 5 years or a fine of not more than $25,000.00, or both. (b) If …

Sec. 11. (1) A person shall not do any of the following in the conduct of trade or commerce: (a) Deny credit or public utility service to or reduce the credit limit of a consumer solely because the consumer was a victim of identity theft, if the person had prior knowledge that th…

Sec. 12. (1) Unless the person or agency determines that the security breach has not or is not likely to cause substantial loss or injury to, or result in identity theft with respect to, 1 or more residents of this state, a person or agency that owns or licenses data that are inc…

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 an…

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 tha…

Sec. 13. (1) A law enforcement agency or victim of identity theft may verify information from a vital record from a local registrar or the state registrar in the manner described in section 2881(2) of the public health code, 1978 PA 368, MCL 333.2881. (2) A state registrar or loc…

Sec. 15. Section 285 of the Michigan penal code, 1931 PA 328, MCL 750.285, is repealed.

Sec. 17. This act takes effect March 1, 2005.

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, …

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 law…

Sec. 19b. (1) If property is seized pursuant to section 19a, forfeiture proceedings shall be instituted promptly. If the property is seized without process as provided under section 19a and the total value of the property seized does not exceed $50,000.00, the following procedure…

Sec. 19c. (1) When property is forfeited under this act, the local unit of government that seized the property may do any of the following or, if the property is seized by or in the custody of the state, the state may do any of the following: (a) Retain it for official use. (b) S…

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 sub…

Sec. 1. This act shall be known and may be cited as the "social security number privacy act".

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…

Sec. 3. (1) Except as provided in subsection (2), a person shall not intentionally do any of the following with the social security number of an employee, student, or other individual: (a) Publicly display all or more than 4 sequential digits of the social security number. (b) Su…

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) Ensur…

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, M…

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…