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[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]
3. ELLIOTT-LARSEN CIVIL RIGHTS ACT (EXCERPT) 37.2402
Educational institution; prohibited practices. [AADPS] 03 55.300a Penalties; evidence; notice and hearing; revocation of commission; fine.
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.
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. . . .
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.]
257.1327 Voluntary assurance of discontinuance of alleged violation.
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]
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.
333.20194 Pamphlets; display; distribution; model standardized complaint form; availability.
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:
423.216
Violations of § 423.210 as unfair labor practices; remedies; procedures. 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. . . .
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: . . .
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: . . .
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.
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. . . .
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.]
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.
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.]
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.]
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.]
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.]
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.
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.]
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.]
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.
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. 29. LAND SALES ACT (EXCERPT) 565.824 Cease and desist order; order to take affirmative action.
[ For full information concerning these statutes, go to Michigan Compiled Laws
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