FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.30319 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.30319
Rules; hearing; award of costs; judicial review; proceedings to protect wetland owner's rights.
Status: in_force

Sec. 30319.

(1) The department shall promulgate and enforce rules to implement this part.

(2) If a person is aggrieved by any action or inaction of the department, the person may request a formal hearing on the matter involved. The hearing shall be conducted by the department pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(3) The award of costs in a contested case under this part and the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, is subject to chapter 8 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.321 to 24.328. However, regardless of whether the department's position was substantially justifiable, reasonable expert professional witness fees, as determined by the presiding officer, shall be awarded to a landowner that prevails on the issue of whether the landowner's property is wetland.

(4) A determination, action, or inaction by the department following the hearing is subject to judicial review as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(5) This section does not limit the right of a wetland owner to institute proceedings in any circuit of the circuit court of the state against any person if necessary to protect the wetland owner's rights.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995; Am. 2018, Act 631, Eff. Mar. 29, 2019
Mich. Comp. Laws § 490.353 — MI Code / Chapter 490 / Act Act-215-of-2003 / Section 490.353
Membership; conditions.
Status: in_force

Sec. 353.

(1) Except as provided in this part, ownership of a share is a condition of membership in a domestic credit union. A domestic credit union may require ownership of a membership share rather than a share as a condition of membership. Except as provided in this section, a member may own only 1 membership share.

(2) A domestic credit union may accept and maintain deposits under section 401(2)(x) without the depositor subscribing to or paying for a share in the domestic credit union.

(3) If it is composed for the most part of the same general group as the membership of the domestic credit union, a domestic credit union may accept a legal entity as a member of a domestic credit union.

(4) If the domestic credit union elects, a single account jointly owned by 2 or more individuals may serve as the basis for membership of any of those individual owners who are otherwise eligible for membership if the account contains at least 1 share for each of them.

(5) If an individual was a member of the domestic credit union at the time of his or her death, a domestic credit union may accept the estate of the individual as a member.

History: 2003, Act 215, Eff. June 1, 2004; Am. 2016, Act 152, Eff. Sept. 7, 2016
Mich. Comp. Laws § 456.6 — MI Code / Chapter 456 / Act Act-87-of-1855 / Section 456.6
Meeting to incorporate; warrant.
Status: in_force

Sec. 6.

Upon application in writing of any 3 of the persons aforesaid to the district or municipal court of the judicial district or municipality in which such burying ground is to be situated, the court shall issue a warrant to either one of the applicants, directing him or her to call a meeting of the persons wishing to become incorporated, which warrant shall contain the substance of the application, and shall state the time and place of holding the meeting. The meeting shall be called in obedience to such warrant, by posting up notice containing the substance of the warrant in at least 2 public places in the township, city, or village, in which such burying ground is to be situated at least 10 days before the time of holding such meeting.

History: 1855, Act 87, Imd. Eff. Feb. 12, 1855; CL 1857, 1722; CL 1871, 3379; How. 4733; CL 1897, 8367; CL 1915, 11127; CL 1929, 10406; CL 1948, 456.6; Am. 1991, Act 153, Imd. Eff. Nov. 25, 1991
Mich. Comp. Laws § 451.3 — MI Code / Chapter 451 / Act Act-13-of-1935 / Section 451.3
Michigan securities commission; abolition, transfer of powers and duties to corporation and securities commission; records; fees, taxes and charges.
Status: in_force

Sec. 3.

The powers and duties now vested by law in the Michigan securities commission, by virtue of the provisions of Act No. 220, Public Acts of 1923, and the acts amendatory thereof and supplemental thereto, and that conferred under and by virtue of the provisions of Act No. 306, Public Acts of 1919, and the powers and duties now vested by law in the secretary of state, with respect to the formation, organization, regulation and control of corporations, and the fees, taxes and charges to be paid by corporations, under Act No. 327, Public Acts of 1931, as amended, and Act No. 85, Public Acts of 1921, as amended, are hereby transferred to and vested in the Michigan corporation and securities commission hereby created. Immediately on the taking effect of this act the Michigan securities commission, whose powers and duties are hereby transferred, shall cease to exist and the tenure of the office of the members thereof shall be at once terminated, and whenever reference thereto is made in any law of the state; or to the secretary of state with reference to the formation, organization, regulation and control of corporations, and the fees, taxes and charges to be paid by corporations, under Act No. 327, Public Acts of 1931, as amended, and Act No. 85, Public Acts of 1921, as amended, reference shall be deemed to be intended to be made to the Michigan corporation and securities commission. All hearings, matters and proceedings of whatever nature now pending before the Michigan securities commission, or the secretary of state, with reference to the formation, organization, regulation and control of corporations, and the fees, taxes and charges to be paid by corporations, under Act No. 327, Public Acts of 1931, as amended, and Act No. 85, Public Acts of 1921, as amended, shall not be terminated or abated, but shall be transferred to the Michigan corporation and securities commission created hereby, and shall be carried on in the same manner and subject to the same incidents as though such transfer were not made. All records, files and other papers belonging to the Michigan securities commission, or to the secretary of state respecting the formation, organization, regulation and control of corporations, and the fees, taxes and charges to be paid by corporations, under Act No. 327, Public Acts of 1931, as amended, and Act No. 85, Public Acts of 1921, as amended, the duties of which are hereby transferred to the Michigan corporation and securities commission, shall be turned over to said commission and shall be continued as part of the records and files thereof.

History: 1935, Act 13, Eff. Sept. 21, 1935; CL 1948, 451.3
Mich. Comp. Laws § 700.1214 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.1214
Fiduciary; prohibited conduct.
Status: in_force

Sec. 1214.

Unless the governing instrument expressly authorizes such a transaction or investment, unless authorized by the court, except as provided in section 3713, 5421, or 7802, or except as provided in section 4405 of the banking code of 1999, 1999 PA 276, MCL 487.14405, a fiduciary in the fiduciary's personal capacity shall not engage in a transaction with the estate that the fiduciary represents and shall not invest estate money in a company, corporation, or association with which the fiduciary is affiliated, other than as a bondholder or minority stockholder. A fiduciary in the fiduciary's personal capacity shall not personally derive a profit from the purchase, sale, or transfer of the estate's property. A fiduciary's deposit of money in a bank or trust company, in which the fiduciary is interested as an officer, director, or stockholder, does not constitute a violation of this section.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2000, Act 54, Eff. Apr. 1, 2000; Am. 2009, Act 46, Eff. Apr. 1, 2010
Mich. Comp. Laws § 570.557 — MI Code / Chapter 570 / Act Act-481-of-2002 / Section 570.557
Sale of special tool at public auction; conditions.
Status: in_force

Sec. 17.

If the end user has not been paid the amount due within 90 days after the notice has been received by the customer provided in section 15, the end user may sell the special tool at a public auction if both of the following occur:

The special tool is still in the end user's possession.

The end user complies with section 19.

History: 2002, Act 481, Imd. Eff. June 27, 2002
Mich. Comp. Laws § 120.109 — MI Code / Chapter 120 / Act Act-639-of-1978 / Section 120.109
Port authority; additional powers.
Status: in_force

Sec. 9.

An authority may:

Appear in its own behalf before boards, commissions, departments, or other agencies of the federal government or of any state or international conferences and before committees of the congress of the United States and the state legislature in all matters relating to the design, establishment, construction, extension, operation, improvement, repair, or maintenance of a project operated and maintained by the authority under this act, and appear before any federal or state agencies in matters relating to transportation rates, port services and charges, demurrage, switching, wharfage, towage, pilotage, differentials, discriminations, labor relations, trade practices, river and harbor improvements, aids to navigation, permits for structures in navigable waters, and all other matters affecting the physical development of, and the business interest of, the authority and those it serves.

Make application for, receive and accept from any federal, state, or municipal agency, foundation, public or private agency, or individual, a grant or loan for, or in aid of, the planning, construction, operation, or financing of a port facility; and receive and accept contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for the purposes for which the grant or contribution may be made.

Appoint an executive director who shall be the chief administrative officer of the authority, and to whom the authority may delegate any of its administrative powers and authorizations. During employment the executive director shall not have a financial interest in port facilities or projects over which the authority has jurisdiction or power or authorization to act.

Employ personnel as is necessary and employ the services of private consultants and engineers, legal counsel, accountants, construction and financial experts, and other agents for rendering professional and technical assistance and advice as may be necessary, and whose compensation, including the executive director, shall be determined by the authority.

History: 1978, Act 639, Imd. Eff. Jan. 11, 1979
Mich. Comp. Laws § 752.1051 — MI Code / Chapter 752 / Act Act-210-of-1994 / Section 752.1051
Definitions.
Status: in_force

Sec. 1.

As used in this act:

"Owner" means a person who owns the sounds fixed in a master recording on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance.

"Person" means an individual, partnership, corporation, association, limited liability company, or other legal entity.

"Recording" means the tangible medium upon which sounds or images are recorded or otherwise stored. Recording includes any original phonograph record, disc, wire, tape, audio or video cassette, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction that duplicates, in whole or in part, the original.

History: 1994, Act 210, Eff. Jan. 1, 1995
Mich. Comp. Laws § 722.26e — MI Code / Chapter 722 / Act Act-91-of-1970 / Section 722.26e
Custody action by third person; notice; powers of court.
Status: in_force

Sec. 6e.

A third person filing an action under section 6c shall send notice of the action to each party who has legal custody of the child and to each parent whose parental rights have not been terminated.

In addition to other powers of the court, in an action under section 6c, the court may do any of the following:

Appoint an attorney for a parent.

Order that a necessary and reasonable amount of money be paid to the court for reimbursement of a party's attorney. A party may request an order under this subdivision. The moving party shall allege facts showing that the party is otherwise unable to bear the expense of the action. The court shall require the disclosure of attorney fees or other expenses paid.

The court may award costs and fees as provided in section 2591 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2591 of the Michigan Compiled Laws.

History: Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993
Mich. Comp. Laws § 29.373 — MI Code / Chapter 29 / Act Act-291-of-1966 / Section 29.373
Firefighter training; funding.
Status: in_force

Sec. 13.

(1) Firefighter training provided under this act must be funded by the money collected from fireworks safety fees imposed under section 8 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.458, and the fees collected under section 11 of this act and deposited in the fireworks safety fund created in section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461. The fund must be distributed to fund firefighter training programs as provided in section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461.

(2) Firefighter training provided under this act may also be funded by any additional funding sources identified by the council or state fire marshal.

History: 1966, Act 291, Eff. Jan. 1, 1968; Am. 2006, Act 213, Imd. Eff. June 19, 2006; Am. 2016, Act 405, Eff. Apr. 3, 2017; Am. 2017, Act 144, Eff. Jan. 31, 2018
Mich. Comp. Laws § 71.3 — MI Code / Chapter 61 / Act Act-3-of-1895 / Section 71.3
Borrowing; purpose; limitations.
Status: in_force

Sec. 3.

It shall be lawful for any village, subject to the provisions of this act, to borrow any sum of money, that will not make the total indebtedness of such village greater than the limitations imposed in chapter 9, to be used exclusively for the purpose of purchasing, constructing, repairing, rebuilding, extending and maintaining water works, or filtration plants as provided in the 2 preceding sections, and for the payment of any indebtedness incurred by the village in purchasing, constructing, repairing, rebuilding, extending, and maintaining water works or filtration plants.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895; CL 1897, 2892; Am. 1915, Act 158, Imd. Eff. May 7, 1915; CL 1915, 2766; Am. 1917, Act 94, Imd. Eff. Apr. 17, 1917; Am. 1925, Act 105, Imd. Eff. Apr. 30, 1925; CL 1929, 1675; CL 1948, 71.3; Am. 1974, Act 4, Imd. Eff. Jan. 30, 1974
Mich. Comp. Laws § 333.27963 — MI Code / Chapter 333 / Act Initiated-Law-1-of-2018 / Section 333.27963
Imposition of excise tax; administration by department of treasury; exemptions.
Status: in_force

Sec. 13.

(1) Except as otherwise provided in subsection (4), in addition to all other taxes, an excise tax is imposed on each marihuana establishment and on each person who sells marihuana at the rate of 10% of the sales price for marihuana sold or otherwise transferred to a person other than a marihuana establishment or tribal marihuana business.

(2) Except as otherwise provided by a rule promulgated by the department of treasury, a product subject to the tax imposed under this section may not be bundled in a single transaction with a product or service that is not subject to the tax imposed by this section.

(3) The department of treasury shall administer the taxes imposed under this act pursuant to 1941 PA 122, MCL 205.1 to 205.31. The department of treasury may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, that prescribe a method and manner for payment and collection of the taxes imposed under this act.

(4) The tax imposed under subsection (1) does not apply to any of the following:

(a) Marihuana sold or otherwise transferred from a tribal marihuana business.

(b) Marihuana sold or otherwise transferred under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.

(c) Marihuana sold or otherwise transferred under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.

History: 2018, Initiated Law 1, Eff. Dec. 6, 2018; Am. 2023, Act 166, Imd. Eff. Oct. 19, 2023
Mich. Comp. Laws § 750.94 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.94
Bank bills or notes; issuing, non-compliance with requirements.
Status: in_force

Sec. 94.

Issuing bank bills, etc., without previous compliance with requirements of law-Any officer or stockholder of any bank or banking association, or any other person for such bank or banking association, who shall sign, issue, or knowingly put in circulation any bill or note of any such bank or banking association before the requisite amount of capital stock shall have been paid in, or before the president and directors thereof shall have fully complied with all the provisions of law requiring any other act or acts to be done before the issuing of any notes or bills, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine not more than 5,000 dollars.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.94
Mich. Comp. Laws § 324.46507 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.46507
Fishing shanty; removal; conditions; violation; date for removal.
Status: in_force

Sec. 46507.

(1) A person who sets, places, erects, or causes to be set, placed, or erected any fishing shanty upon the ice of any water within the jurisdiction of this state shall remove the fishing shanty before ice conditions are unsafe for its removal or before the date set by the department under subsection (2) and on a daily basis following that date. Failure to remove a fishing shanty within the time specified in this section is a violation of this part, and the department or the local unit of government may then authorize the removal and storage or destruction of the fishing shanty.

(2) The department shall set the date by which a fishing shanty must be removed under this section.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995; Am. 2018, Act 25, Imd. Eff. Feb. 14, 2018
Mich. Comp. Laws § 565.359 — MI Code / Chapter 565 / Act Act-237-of-1879 / Section 565.359
Land contract mortgage; enforcement; foreclosure; additional remedies.
Status: in_force

Sec. 9.

A land contract mortgage may be enforced in accordance with any existing procedure for the enforcement of a real estate mortgage, including, without limitation, foreclosure by advertisement and judicial foreclosure. Upon completion of a foreclosure by advertisement or judicial foreclosure of a land contract mortgage and the expiration of the applicable redemption period, the successful bidder at foreclosure shall succeed to all of the mortgaged interests of the respective foreclosed vendor or vendee.

Other rights and remedies that may be available to a real estate mortgagee, including, without limitation, future advance mortgages, assignments of rents, or receiverships may, in a proper case, be applied in favor of a land contract mortgagee.

All remedies that existed before the effective date of sections 6 to 11 shall continue to apply. However, a land contract mortgage made pursuant to this act may, at the option of the land contract mortgagee, also be enforced as provided in this act.

History: Add. 1998, Act 106, Imd. Eff. June 3, 1998
Mich. Comp. Laws § 289.7101 — MI Code / Chapter 289 / Act Act-92-of-2000 / Section 289.7101
Compliance with federal regulations; exception.
Status: in_force

Sec. 7101.

Subject to section 1119(2), a food processor and a food warehouse shall comply with 21 CFR part 110, except that refrigerated potentially hazardous food shall be stored at 4.4 degrees centigrade (40 degrees Fahrenheit) or below.

History: 2000, Act 92, Eff. Nov. 8, 2000; Am. 2002, Act 487, Imd. Eff. June 27, 2002; Am. 2012, Act 178, Eff. Oct. 1, 2012
Mich. Comp. Laws § 38.19d — MI Code / Chapter 38 / Act Act-240-of-1943 / Section 38.19d
Right to retire and receive retirement allowance computed under MCL 38.20(1); application period; requirements; payment for accumulated sick leave in 60 monthly installments.
Status: in_force

Sec. 19d.

Notwithstanding section 19, a member may retire and receive a retirement allowance computed under section 20(1) if the member meets all of the following requirements:

On the effective date of his or her retirement, the member has met the service requirements to receive a retirement allowance under this act and the member's combined age and amount of credited service is equal to or greater than 70 years.

The member was employed by the legislature for the 6-month period ending on the effective date of his or her retirement. A member who was restored to active service with the legislature during that 6-month period under section 33 or a member who is on layoff status from the legislature during that 6-month period is considered to have met the employment requirement of this subdivision.

The member files a written application with the retirement board, on or after November 15, 1994, but not later than December 31, 1994, stating a date, which date shall be 30 days or more after the execution and filing of the application but not later than February 1, 1995, on which he or she desires to retire.

Any amount that a member retiring under this section would otherwise be entitled to receive in a lump sum at retirement on account of accumulated sick leave shall be paid in 60 consecutive equal monthly installments.

History: Add. 1991, Act 62, Imd. Eff. June 27, 1991; Am. 1992, Act 64, Imd. Eff. May 28, 1992
Mich. Comp. Laws § 775.18 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 775.18
Accused unable to procure counsel; number of attorneys; affidavit.
Status: in_force

Sec. 18.

Only 1 attorney in any 1 case shall receive the compensation above contemplated, nor shall he be entitled to this compensation until he files his affidavit in the office of the county clerk, in which such trial or proceedings may be had, that he has not, directly or indirectly, received any compensation for such services from any other source.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17488; CL 1948, 775.18