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THE TWENTY-NINE MICHIGAN STATUTES
THAT MENTION AFFIRMATIVE ACTION

[Ed. note - The excerpts listed are all that turned up in a search of Michigan's Compiled Laws for provisions concerning "affirmative action." In each excerpt, the phrase "affirmative action" is emphasized in bold. In 23 of these statutes, the "affirmative action" obligation has nothing to do with discrimination or preference based on race, color, sex, ethnicity or national origin. Such discrimination or preference has no part in the actions banned or the remedies provided in the statute. In two of these statutes (designated AADP), the "affirmative action" obligation may permit or require such discrimination or preference by private firms. In five of the statutes (designated AADPS), the "affirmative action" obligation permits or requires such discrimination or preference by the state in public employment, public education, or public contracting. These five are thus the only statutes containing provisions labeled "affirmative action," that presumably conflict with the constitutional amendment proposed by MCRI. Curtis Crawford]


1. THE MANAGEMENT AND BUDGET ACT
(EXCERPT)

18.1458 Use of amounts authorized for equal employment opportunity services; filling positions; responsibility. [AADPS]

Sec. 458. The amounts authorized in a budget act for equal employment opportunity services shall only be used to comply with laws or orders relative to equal opportunity employment and affirmative action programs. These positions shall be filled by persons employed by the principal executive officer of the state agency and shall be responsible only to that principal executive officer.


2. MICHIGAN MILITARY ACT (EXCERPT)

32.651 Michigan emergency volunteers; conditions for activating; aid to civil authority missions; limitation on organization; reports; list of former officers, warrant officers, and enlisted personnel; funding; reference to Michigan defense force; affirmative action guidelines; weapons. [AADPS]

Sec. 251. . . . (6) The department shall establish affirmative action guidelines for membership goals in the Michigan emergency volunteers. The department shall take all steps necessary to carry out and implement those guidelines. . . .
.

3. ELLIOTT-LARSEN CIVIL RIGHTS ACT (EXCERPT)

37.2402 Educational institution; prohibited practices. [AADPS]

Sec. 402. An educational institution shall not do any of the following:
(a) Discriminate against an individual in the full utilization of or benefit from the institution, or the services, activities, or programs provided by the institution because of religion, race, color, national origin, or sex.
(b) Exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution, because of religion, race, color, national origin, or sex.
(c) For purposes of admission only, make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the religion, race, color, national origin, age, sex, or marital status of a person, except as permitted by rule of the commission or as required by federal law, rule, or regulation, or pursuant to an affirmative action program.
(d) Print or publish or cause to be printed or published a catalog, notice, or advertisement indicating a preference, limitation, specification, or discrimination based on the religion, race, color, national origin, or sex of an applicant for admission to the educational institution.
(e) Announce or follow a policy of denial or limitation through a quota or otherwise of educational opportunities of a group or its members because of religion, race, color, national origin, or sex.


4. MICHIGAN NOTARY PUBLIC ACT (EXCERPT)

03 55.300a Penalties; evidence; notice and hearing; revocation of commission; fine.

Sec. 40a. (1) An applicant for an appointment or a commissioned notary public who has engaged in conduct prohibited by this act, a rule promulgated under this act, or an order issued under this act is subject to 1 or more of the following penalties, in addition to any criminal penalties otherwise imposed: . . .
 . . . (d) A requirement to take the affirmative action determined necessary by the secretary, including payment of restitution to an injured person.
. . .


5. STATE HOUSING DEVELOPMENT AUTHORITY ACT OF 1966
(EXCERPT)

125.1446 Discrimination. [AADPS]

Sec. 46. The authority shall require that occupancy of housing projects and residential real property assisted under this act shall be open to all regardless of sex, race, religion, color, national origin, age, marital status, familial status, or disability and that contractors and subcontractors engaged in the construction of housing projects and lending institutions engaged in making residential mortgages, shall take affirmative action to assure an equal opportunity for employment and borrowing.


6
. MICHIGAN VEHICLE CODE (EXCERPT)

257.248h Persons engaged in prohibited conduct; penalties; refusal to issue or renew license [as a salvage vehicle agent]; revocation or suspension of license; denial or revocation of license without hearing.

Sec. 248h. (1) A person who has engaged in conduct prohibited by subsection (2) is subject to 1 or more of the following penalties: (f) A requirement to take affirmative action, including payment of restitution. . . .
[Ed. note: None of the "conduct prohibited by subsection (2)" is discrimination based on race national origin, or could be corrected by such discrimination or preference.]


7. MOTOR VEHICLE SERVICE AND REPAIR ACT
(EXCERPT)

257.1321 Cease and desist order.

Sec. 21. (1) If the administrator determines after notice and a hearing that a person has violated this act or a rule promulgated pursuant to it, or engaged in an unfair or deceptive method, act, or practice, directly or through an agent or employee, he may issue an order requiring the person to cease and desist from the unlawful act or practice or to take such affirmative action as in the judgment of the administrator will carry out the purposes of this act. . . . [Ed. note:No indication in Sec. 21 that the "unlawful act or practice" was discrimination based on race national origin, or could be corrected by such discrimination or preference.]


8. MOTOR VEHICLE SERVICE AND REPAIR ACT (EXCERPT)

257.1327 Voluntary assurance of discontinuance of alleged violation.

Sec. 27. In mediating a dispute between parties contesting a violation of this act or administrative rule, the administrator may take from a motor vehicle repair facility a voluntary assurance that the facility will discontinue an alleged violation of this act or an administrative rule. The assurance shall be filed in the records of the administrator, shall be open for public inspection, and shall not constitute on the part of the facility making the assurance an admission of any issue of law or fact. The assurance subject to agreement by all parties, may contain provisions whereby: . . .
 (b) A facility shall take such affirmative action as is appropriate in the judgment of the administrator to correct an alleged violation of this act or a rule. . . .
[Ed. note: No indication in Sec. 27 that the "violation" was discrimination based on race national origin, or could be corrected by such discrimination or preference.]


9. AGRICULTURAL MARKETING AND BARGAINING ACT
(EXCERPT)

290.704 Voluntary associations; unfair practices; complaints; orders.

Sec. 4. (1) Producers of agricultural commodities are free to join together voluntarily in associations as authorized by law without interference by handlers. A handler shall not engage nor permit an employee or agent to engage in any of the following practices, defined as unfair practices: [Ed. note:8 unfair practices named, a-h, none involving discrimination or preference]
(2) An association shall not engage nor permit an employee or agent to engage in the following practices, defined as unfair practices: [Ed. note: 6 unfair practices named, a-f, none involving discrimination or preference] . . .
(4) If, upon a preponderance of the evidence, the board determines that the person complained of has committed a practice in violation of this act, it shall state its findings of fact and shall issue and cause to be served on the person an order requiring him to cease the violation and shall order further affirmative action as will effectuate the policies of this act. [Ed. note: No indication in Sec. 4 that the "violation" was discrimination based on race national origin, or could be corrected by such discrimination or preference.] . . .


10. PUBLIC HEALTH CODE (EXCERPT)

333.2221 Organized programs to prevent disease, prolong life, and promote public health; duties of department. [AADPS]

Sec. 2221. (1) Pursuant to section 51 of article 4 of the state constitution of 1963, the department shall continually and diligently endeavor to prevent disease, prolong life, and promote the public health through organized programs, including prevention and control of environmental health hazards; prevention and control of diseases; prevention and control of health problems of particularly vulnerable population groups; development of health care facilities and agencies and health services delivery systems; and regulation of health care facilities and agencies and health services delivery systems to the extent provided by law.
(2) The department shall: . . .
(f) Take appropriate affirmative action to promote equal employment opportunity within the department and local health departments and to promote equal access to governmental financed health services to all individuals in the state in need of service. . . .


11. PUBLIC HEALTH CODE (EXCERPT)

333.20194 Pamphlets; display; distribution; model standardized complaint form; availability.

Sec. 20194. (1) Subject to subsections (2), (3), and (4), a health facility or agency, except a health facility or agency licensed under part 209, and including a health facility that is not licensed under this article but holds itself out as providing medical services, shall conspicuously display in the patient waiting areas or other common areas of the health facility or agency copies of a pamphlet developed by the department of consumer and industry services outlining the procedure for filing a complaint against a health facility . . .
 (5) The department shall make the complaint pamphlet and the model standardized complaint form
available to the public on the department's internet website. The department shall take affirmative action toward the development and implementation of an electronic filing system that would allow an individual to file a complaint through the website.


12. EMPLOYMENT RELATIONS COMMISSION (EXCERPT)

423.23 Review of rulings or orders by supreme court; exceptions; violations of certain provisions as unfair labor practices; remedies; procedures.

Sec. 23.. . . (2) Violations of the provisions of sections 16, 17a, and 22(a) of this act only, shall be deemed to be unfair labor practices remediable by the commission in the following manner:
[423.16 Company unions; interference with unions and discrimination [based on union membership] prohibited.] [423.17a Unlawful picketing to force recognition or bargain with labor organization.]
[423.22a Repealed. 1949, Act 230, Imd. Eff. May 31, 1949.]
. . .

(b) The testimony taken by the commissioner, agent or the commission shall be reduced to writing and filed with the commission. Thereafter the commission upon notice may take further testimony or hear argument. If upon the preponderance of the testimony taken the commission is of the opinion that any person named in the complaint has engaged in or is engaging in the unfair labor practice, then it shall state its findings of fact and shall issue and cause to be served on such person an order requiring that person to cease and desist from the unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this act.
. . .


13. PUBLIC EMPLOYMENT RELATIONS (EXCERPT)

423.216 Violations of 423.210 as unfair labor practices; remedies; procedures.
[Ed. note: The conduct prohibited by 423.210 includes discrimination based on union membership, but not discrimination or preference on the bases barred by the MCRI.]

Sec. 16. Violations of the provisions of section 10 shall be deemed to be unfair labor practices remediable by the commission in the following manner: (b) The testimony taken by the commissioner, agent, or the commission shall be reduced to writing and filed with the commission. Thereafter the commission upon notice may take further testimony or hear argument. If upon the preponderance of the testimony taken the commission is of the opinion that any person named in the complaint has engaged in or is engaging in the unfair labor practice, then it shall state its findings of fact and shall issue and cause to be served on the person an order requiring him to cease and desist from the unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this act. . . .


14. MICHIGAN GAMING CONTROL AND REVENUE ACT
(EXCERPT)

432.204c Disclosure of information. [AADP]

Sec. 4c. (1) Except as otherwise provided in this section, all information, records, interviews, reports, statements, memoranda, or other data supplied to or used by the board shall be subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, except for the following: . . .
(k) A summary of the applicant's development agreement with the city, including the applicant's proposed location, the square footage of any proposed casino, the type of additional facilities, restaurants, or hotels proposed by the applicant, the expected economic benefit to the city, anticipated or actual number of employees, any statement from the applicant regarding compliance with federal and state affirmative action guidelines, projected or actual admissions, and projected or actual adjusted gross receipts. . . .


15. MICHIGAN GAMING CONTROL AND REVENUE ACT (EXCERPT)

432.205 Application for casino license. [AADP]

Sec. 5. (1) A person may apply to the board for a casino license to conduct a casino gambling operation as provided in this act. The application shall be made under oath on forms provided by the board and shall contain information as prescribed by the board, including but not limited to all of the following: . . .
(k) A description of any proposed or approved casino gaming operation and related casino enterprises, including the economic benefit to the community, anticipated or actual number of employees, any statement from an applicant regarding compliance with federal and state affirmative action guidelines, projected or actual admissions, projected or actual gross receipts, and scientific market research. . . .


16. TRANSMISSION OF ELECTRICITY (EXCERPT)

460.552 Transmission of electricity; rate regulation by commission.

Sec. 2. The Michigan public utilities commission, hereinafter referred to as "the commission" shall have control and supervision of the business of transmitting and supplying electricity as mentioned in the first section of this act and no public utility supplying electricity shall put into force any rate or charge for the same without first petitioning said commission for authority to initiate or put into force such rate or charge and securing the affirmative action of the commission approving said rate or charge.


17. MONEY TRANSMISSION SERVICES ACT
(EXCERPT)

487.1044 Cease and desist order.

Sec. 44. . . . (3) A licensee may consent to issuance of a cease and desist order under this section. A licensee also consents to the issuance of the cease and desist order if the licensee or a duly authorized representative of the licensee fails to appear at a hearing described in subsection (2). . . .

(4) If a licensee consents under subsection (3), or if the commissioner finds based on the record made at the hearing that the practice or violation specified in the order is established, the cease and desist order becomes final. The order may require the licensee and its officers, directors, members, partners, trustees, employees, agents, or control persons to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation. . . .


18. MICHIGAN BIDCO ACT (EXCERPT)

487.1705 Cease and desist order; affirmative action to correct condition; application for hearing on order; affirming, modifying, or rescinding order; judicial review.

Sec. 705. (1) If, after notice and a hearing, the commissioner determines that a licensee or a subject person of a licensee has violated or is violating, or that there is reasonable cause to believe that a licensee or subject person of a licensee is about to violate, this act or another applicable law, or that a licensee or subject person of a licensee has engaged or participated or is engaging or participating, or that there is a reasonable cause to believe that a licensee or subject person of a licensee is about to engage or participate, in an unsafe or unsound act with respect to the business of that licensee, the commissioner may order that licensee or subject person to cease and desist from the action or violation. The order may require the licensee or subject person to take affirmative action to correct any condition resulting from the action or violation. . . . [Ed. note: No indication that the "action or violation" is discrimination based on race national origin, or could be corrected by such discrimination or preference.]


19. CONSUMER FINANCIAL SERVICES ACT
(EXCERPT)

487.2060 Suspension or revocation of license; notice; hearing; determination; appeal; grounds for suspending, revoking, or refusing to renew license; suspension or revocation of activities; investigations, examinations, and hearings; evidence; failure to comply with subpoena; cease and desist order.

Sec. 10. . . . (9) If the licensee fails to appear at the hearing by a duly authorized representative, the licensee shall have consented to the issuance of the cease and desist order.
(10) In the event of consent under subsection (9), or if upon the record made at the hearing, the commissioner finds that the practice or violation specified in the notice has been established, the commissioner may serve upon the licensee an order to cease and desist from the practice or violation. The order may require the licensee and its officers, directors, members, partners, trustees, employees, agents, and persons exercising control over the business activities of the licensee to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation. . . . [Ed. note: No indication that the "practice or violation" was discrimination based on race national origin, or could be corrected by such discrimination or preference.]


20. DEFFERRED PRESENTMENT SERVICE TRANSACTIONS ACT (EXCERPT)

487.2166 Cease and desist order.

Sec. 46. . . . (2) A licensee that fails to appear at a hearing under subsection (1) consents to the issuance of a cease and desist order. If a licensee consents, or upon the record made at the hearing the commissioner finds that the practice or violation specified in the notice has been established, the commissioner may serve upon the licensee an order to cease and desist from the practice or violation. The order may require the licensee and its executive officers, employees, and agents to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation. . . . [No indication that the "practice or violation" was discrimination based on race national origin, or could be corrected by such discrimination or preference.]


21. SAVINGS BANK ACT (EXCERPT)

487.3215 Unsafe or unsound practice or violation; notice of charges; hearing; order to cease and desist; effect and enforcement; out-of-state bank branch.

Sec. 215. . . . (3) In the event of a consent, or if upon the record made at the hearing, the commissioner finds that an unsafe or unsound practice or violation specified in the notice of charges has been established, the commissioner may issue and serve upon the savings bank an order to cease and desist from the practice or violation. The order may require the savings bank and its directors, officers, employees, and agents to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation. . . . [Ed. note: No indication in Sec. 215 that the "practice or violation" is discrimination based on race national origin, or could be corrected by such discrimination or preference.]


22. BANKING CODE OF 1999 (EXCERPT)

487.12304 Notice of charges; hearing; issuance of order to cease and desist; enforcement; notice to comptroller of currency and attorney general.

Sec. 2304. . . . (2) In the event of consent, or if upon the record made at the hearing the commissioner finds that an unsafe or unsound practice or violation specified in the notice of charges has been established, the commissioner may issue and serve upon the institution an order to cease and desist from the practice or violation. The order may require the institution and its directors, officers, employees, and agents to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation. . . . [Ed. note: No indication in Sec. 2304 that the "practice or violation" is discrimination based on race national origin, or could be corrected by such discrimination or preference.]


23. CREDIT UNION ACT (EXCERPT)

490.210 Notice of charges; issuance and service; statement of facts; hearing; issuance of cease and desist order; enforcement; violation by federal credit union.

Sec. 210. . . . (2) If a domestic credit union consents to a cease and desist order under subsection (1) or if upon the record made at the hearing under subsection (1) the commissioner finds that an unsafe or unsound practice or violation specified in the notice of charges has occurred, the commissioner may issue and serve upon the domestic credit union an order to cease and desist from the practice or violation. The order may require the domestic credit union and its directors, officers, employees, and agents to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation. . . . [Ed. note: No indication that the "practice or violation" was discrimination based on race national origin, or could be corrected by such discrimination or preference.]


24. SAVINGS AND LOAN ACT OF 1980 (EXCERPT)

491.818 Dissolution; sale and transfer of assets or properties; application of income and receipts to discharge of liabilities.

Sec. 818. In order to facilitate dissolution following affirmative action by the members of the association, upon receipt of written approval from the supervisor, the association may sell and transfer any of the association's assets or properties to another association or other person, subject to any vested and accrued rights of mortgagors or other borrowers, and may begin applying the association's income and receipts in excess of the expenses of dissolution to the discharge of the association's liabilities.


25. SAVINGS AND LOAN ACT OF 1980 (EXCERPT)

491.1000 Unsafe or unsound practices or violation or threatened unsafe or unsound practices or violation; notice of charges; hearing; consent to issuance of cease and desist order; final or temporary cease and desist order; injunction.

Sec. 1000. (1) . . . In the event of the consent, or if upon the record made at the hearing, the supervisor finds that any unsafe or unsound practice or violation specified in the notice of charges has been established, the supervisor may issue and serve upon the association, or any director, officer, employee, agent, or other person participating in the conduct of the affairs of the association an order to cease and desist from conduct causing the unsafe or unsound practice or violation. By provisions which may be mandatory or otherwise, the order may require the association and its directors, officers, employees, agents, or other person participating in the conduct of the affairs of the association to cease and desist from the conduct causing the unsafe or unsound practice or violation and to take affirmative action to correct the conditions resulting from the unsafe or unsound practice or violation. . . . [Ed. note: No indication that the "unsound or unsafe practice or violation" is discrimination based on race national origin, or could be corrected by such discrimination or preference.]


26. REGULATORY LOAN ACT (EXCERPT)

493.9a Cease and desist order; grounds; notice; failure to appear at hearing; findings; effective date and duration of order.

Sec. 9a. . . . (3) If the licensee fails to appear at the hearing by a duly authorized representative, the licensee shall have consented to the issuance of the cease and desist order. (4) In the event of consent under subsection (3) or if, upon the record made at the hearing, the commissioner finds that the practice or violation specified in the notice has been established, the commissioner may serve upon the licensee an order to cease and desist from the practice or violation. The order may require the licensee and its officers, directors, members, partners, trustees, employees, agents, and control persons to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation. . . . [Ed. note:O No indication that the "practice or violation" is discrimination based on race national origin, or could be corrected by such discrimination or preference.]


27. THE SECONDARY MORTGAGE LOAN ACT
(EXCERPT)

493.64 Order to cease and desist; issuance; conditions; notice; hearing; failure to appear as consent; service or order; effective date and enforcement.

Sec. 14. . . . (3) If the licensee or registrant fails to appear at the hearing by a duly authorized representative, the licensee or registrant shall have consented to the issuance of the cease and desist order.
(4) In the event of consent under subsection (3), or if upon the record made at the hearing, the commissioner finds that the practice or violation specified in the notice has been established, the commissioner may serve upon the licensee or registrant an order to cease and desist from the practice or violation. The order may require the licensee or registrant and its directors, officers, members, partners, trustees, employees, and agents to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation. . . . [Ed. note: No indication in Sec. 14 that the "practice or violation" is discrimination based on race national origin, or could be corrected by such discrimination or preference.]


28. THE INSURANCE CODE OF 1956 (EXCERPT)

500.5215 Articles of domestic stock insurer; amendment as to increase, decrease, or reclassification of capital stock.

Sec. 5215. . . . (2) If a domestic stock insurer proposes to increase, decrease, or reclassify its capital stock, it shall first present its petition to the commissioner setting forth the reasons for the increase, decrease, or reclassification.
. . . However, if any proposed amendment would alter or change the preferences, special rights, or powers given to any 1 or more classes of stock by the articles of incorporation so as to affect that class or those classes of stock adversely or would increase or decrease the amount of the authorized stock of that class or those classes of stock adversely or would increase or decrease the par value of 1 or more classes of stock, then the holders of the stock of each class of stock so affected by the amendment shall be entitled to give written consent or vote as a class upon the amendment regardless of whether the terms of the articles of incorporation entitle the class to vote or not, and the affirmative action of a majority in interest of each class of stock so affected by the amendment shall be necessary for its adoption in addition to the affirmative action of the majority of all stock entitled to vote on an amendment as is required by law for its adoption. Separate action of any class of stock proposed to be increased or decreased shall not be required if the provisions of the articles of incorporation or amendment to the articles creating the class shall have authorized the increase or decrease without separate action.

29. LAND SALES ACT (EXCERPT)

565.824 Cease and desist order; order to take affirmative action.

Sec. 24. (1) The department may issue an order requiring a person to cease and desist from the unlawful act and to take such affirmative action as in the judgment of the department will carry out the purposes of this act, if it determines, after notice and hearing, that a person has done any of the following:
 (a) Violated any provision of this act.
(b) Directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional or sales methods to offer or dispose of an interest in subdivided lands.
(c) Made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the department.
(d) Disposed of any subdivided lands which have not been registered with the department.
(e) Violated any lawful order or rule of the department.
[Ed. note: No indication in Sec. 24 that the acts prohibited here include discrimination based on race national origin, or could be corrected by such discrimination or preference.]

[ For full information concerning these statutes, go to Michigan Compiled Laws here
and do a keyword search for affirmative action. ]

 
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