FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 500.2030 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.2030
Hearing; procedure; intervention; burden of proof; commissioner or designate to preside; independent hearing officer; peremptory dismissal.
Status: in_force

Sec. 2030.

At the time and place fixed for the hearing referred to in section 2029, the person shall have an opportunity to be heard, to be represented by counsel and to show cause why an order should not be made by the commissioner requiring the person to cease and desist from the acts, methods, or practices complained of. Upon showing by any person that he has an interest likely to be affected adversely, the commissioner shall permit that person to intervene, appear and be heard at the hearing by counsel or in person.

The burden of proof at the hearing shall be upon the agency or upon an intervenor who intervened in opposition to the person who is the subject of the proceeding.

The commissioner or his designate shall preside over the hearing, except that an independent hearing officer shall be designated by the commissioner if requested by the person who is the subject of the proceedings. The independent hearing officer shall be selected by the commissioner from a list of individuals submitted by the American arbitration association qualified to conduct hearings on behalf of the commissioner. A list of the individuals shall be maintained by the commissioner and shall be compiled pursuant to rules promulgated by the commissioner. The rules shall set forth the qualifications, criteria, and procedures to be utilized in the compilation of the list of independent hearing officers. The person subject to the proceedings may exercise 1 peremptory dismissal of the hearing officer selected, if exercised within 20 days after notification.

History: 1956, Act 218, Eff. Jan. 1, 1957; Am. 1976, Act 273, Eff. Apr. 1, 1977
Mich. Comp. Laws § 38.1612 — MI Code / Chapter 38 / Act Act-182-of-1986 / Section 38.1612
State police retirement board; chairperson; executive secretary.
Status: in_force

Sec. 12.

The retirement board shall elect from its membership a chairperson who shall take office immediately on election and serve until a successor is elected. The director of the office of retirement service, department of technology, management, and budget, is the executive secretary of the retirement system.

History: 1986, Act 182, Eff. Oct. 1, 1986; Am. 2018, Act 674, Imd. Eff. Dec. 28, 2018
Mich. Comp. Laws § 557.253 — MI Code / Chapter 557 / Act Act-39-of-1948-1st-Ex-Sess- / Section 557.253
Repeal of community property act; community property on effective date of repeal, continuance, notice of claim.
Status: in_force

Sec. 3.

Any property which, at the time this act takes effect, constitutes community property by virtue of the provisions of Act No. 317 of the Public Acts of 1947 shall continue to be community property and remain subject to the provisions of said act and for such purpose said act shall continue in force: Provided, That, except where the conveyance or other instrument of title under which the same was acquired or other evidence of ownership thereof expressly states the intention that such property shall be community property, any such property shall, upon the expiration of 1 year after the time this act takes effect, be deemed to be the separate property of the husband or the wife, or both, according to the name or names set forth in the conveyance or other instrument of title under which such property was acquired or other evidence of ownership thereof, unless, within such 1 year period, either spouse having an interest therein, or any of the devisees, legatees, heirs or distributees of either of them who shall have died prior to or during the running of such 1 year period, shall file notice of claim that such property constitutes community property.

Such notice of claim, to be effective, shall be in writing, shall contain a description of each item of property to which the same relates, shall be executed by the party making the same in the manner required for the execution of deeds and shall be filed in the office of the register of deeds for the county in which the spouse by whom, or in whose behalf, the same is made resides at the time of the filing thereof, or, in the event that such spouse shall have died, for the county in which such spouse resided at the time of death. In the event that such notice of claim relates to real property located in any other county or counties, to be effective as to such property, a duplicate original of such notice of claim shall also be filed in the office of the register of deeds for each such county.

No disability of any kind or lack of knowledge on the part of anyone shall suspend the running of the time for filing such notice of claim, but such notice may be executed and filed by any other person acting in behalf of any party by whom such notice of claim may be filed who is under a disability or otherwise unable to make such claim in his or her own behalf.

History: 1948, 1st Ex. Sess., Act 39, Imd. Eff. May 10, 1948; CL 1948, 557.253
Mich. Comp. Laws § Article VI § 17 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article VI § 17
Judicial salaries and fees.
Status: in_force

Sec. 17.

No judge or justice of any court of this state shall be paid from the fees of his office nor shall the amount of his salary be measured by fees, other moneys received or the amount of judicial activity of his office.

History: Const. 1963, Art. VI, § 17, Eff. Jan. 1, 1964
Mich. Comp. Laws § 449.9 — MI Code / Chapter 449 / Act Act-72-of-1917 / Section 449.9
Partner as agent of partnership relative to partnership business.
Status: in_force

Sec. 9.

(Partner agent of partnership as to partnership business).

Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority;

An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners;

Unless authorized by the other partners or unless they have abandoned the business, 1 or more but less than all the partners have no authority to:

Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership,

Dispose of the good-will of the business,

Do any other act which would make it impossible to carry on the ordinary business of the partnership,

Confess a judgment,

Submit a partnership claim or liability to arbitration or reference;

No act of a partner in contravention of a restriction on his authority shall bind the partnership to persons having knowledge of the restriction.

History: 1917, Act 72, Eff. Aug. 10, 1917; CL 1929, 9849; CL 1948, 449.9
Mich. Comp. Laws § 570.594 — MI Code / Chapter 570 / Act Act-201-of-2010 / Section 570.594
Written commission agreement signed after effective date of act; applicability.
Status: in_force

Sec. 14.

This act applies to a written commission agreement signed after the effective date of this act.

History: 2010, Act 201, Imd. Eff. Oct. 5, 2010
Mich. Comp. Laws § 600.4322 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.4322
Habeas corpus; “prisoner” defined.
Status: in_force

Sec. 4322.

The term "prisoner", as used in connection with habeas corpus, means the person on whose behalf the writ is issued, such as an inmate of a penal or mental institution, the child whose custody is sought, and other persons alleged to be restrained of their liberty.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 440.3102 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.3102
Scope; limitations; conflict of laws.
Status: in_force

Sec. 3102.

This article applies to negotiable instruments. It does not apply to money, to payment orders governed by article 4a, or to securities governed by article 8.

If there is conflict between this article and article 4 or 9, articles 4 and 9 govern.

Regulations of the board of governors of the federal reserve system and operating circulars of the federal reserve banks supersede any inconsistent provision of this article to the extent of the inconsistency.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1993, Act 130, Eff. Sept. 30, 1993
Mich. Comp. Laws § 767.28 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 767.28
Indictment; right of indictee to copy.
Status: in_force

Sec. 28.

Every person indicted for any offense, who shall have been arrested upon process issued upon such indictment or who shall have duly entered into recognizance to appear and answer to such indictment shall, on demand, be entitled to a copy of the indictment and of all endorsements thereon.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17242; CL 1948, 767.28
Mich. Comp. Laws § 324.82156 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.82156
Availability of records to public; commercial lookup service of snowmobile operation, title, and registration; disposition of fees; computerized central file; providing records to nongovernmental person or entity; payment; admissibility in evidence.
Status: in_force

Sec. 82156.

(1) The secretary of state shall make available to the public records maintained under this part, other than those declared to be confidential by law or that are restricted by law from disclosure to the public, under procedures prescribed in this part and the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(2) The secretary of state may provide a commercial lookup service of snowmobile operation, title, and registration records maintained under this part. For each individual record looked up, the secretary of state shall charge a fee of $15.00 per record. The secretary of state shall process a commercial lookup request only if the request is in a form or format prescribed by the secretary of state. The secretary of state shall credit fees collected under this subsection to the transportation administration collection fund created in section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, through October 1, 2027.

(3) To provide an individual, historical snowmobiling record, the secretary of state shall create and maintain a computerized central file that includes the information contained on application forms received under this part and the name of each individual who is convicted of an offense, who fails to comply with an order or judgment issued, or against whom an order is entered under this part or former 1968 PA 74. The computerized central file must be interfaced with the law enforcement information network as provided in the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(4) The secretary of state shall not provide an entire computerized central or other file of records maintained under this part to a nongovernmental person or entity unless the purchaser pays the prescribed fee or price for each individual record contained within the computerized file.

(5) A certified copy of an order, record, or paper maintained in this record is admissible in evidence in like manner as the original and is prima facie proof of the facts stated in the original.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995; Am. 1997, Act 102, Imd. Eff. Aug. 7, 1997; Am. 2005, Act 174, Imd. Eff. Oct. 12, 2005; Am. 2009, Act 100, Imd. Eff. Sept. 30, 2009; Am. 2011, Act 90, Imd. Eff. July 15, 2011; Am. 2015, Act 77, Eff. Oct. 1, 2015; Am. 2019, Act 81, Imd. Eff. Sept. 30, 2019; Am. 2023, Act 140, Imd. Eff. Sept. 29, 2023
Mich. Comp. Laws § 287.386 — MI Code / Chapter 287 / Act Act-224-of-1969 / Section 287.386
Identification or marking of dogs and cats.
Status: in_force

Sec. 6.

All dogs and cats delivered for transportation, transported, purchased or sold to research facilities shall be marked or identified in such manner as the director may prescribe.

History: 1969, Act 224, Eff. Mar. 20, 1970
Mich. Comp. Laws § 108.12 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 108.12
Board abolished; powers and duties transferred to council; committee established.
Status: in_force

Sec. 12.

If at any such election, a majority of the electors voting thereon shall vote to abolish the board of public works in such city, then such board of public works shall be abolished, and all the powers, rights and privileges now exercised by or vested in said board of public works, as well as all duties and obligations imposed upon such board of public works by this act and the act of which this is amendatory, shall be vested in, exercised and assumed by the council of such city; the board of public works in such city in all things appertaining to them as such board, shall be superseded by the council, and the council may appoint a committee of its own members more particularly to perform these duties, always under the direction of the council and subject to such rules and regulations as the council may determine.

History: Add. 1899, Act 136, Imd. Eff. June 21, 1899; CL 1915, 3196; Am. 1921, Act 282, Eff. Aug. 18, 1921; CL 1929, 2120; CL 1948, 108.12
Mich. Comp. Laws § 280.101 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.101
Intercounty drainage districts; application; filing; signatures; eligibility.
Status: in_force

Sec. 101.

(1) Before any action is taken on a petition to locate, establish, and construct a drain that will traverse lands in more than 1 county, or affect more than 1 county, an application must be filed with a commissioner having jurisdiction of any of the lands to lay out and designate a drainage district. The application shall tentatively describe the location and route of the proposed drain. Except as provided in subsection (2), the application shall be signed by ten or more freeholders of the cities, villages, or townships in which the proposed drain or the lands proposed to be benefitted by the drain are located. Five or more of the signers shall be the freeholders whose lands will be liable for an assessment for the construction of the proposed drain. However, if it appears to the drain commissioner to whom the application is submitted that the drainage district may not include at least 20 freeholders whose lands will be liable for an assessment, the application shall be received if at least 1 of the signers is a freeholder whose land will be liable for an assessment. The eligibility of the signers to the application shall be determined by their interest of record in the office of the register of deeds, in the probate court, or in the circuit court of the county in which the lands are located at the time the application is filed.

(2) An application under subsection (1) need only be signed by a representative of a city, village, or township who is authorized by its governing body, if both of the following apply:

(a) The proposed drain is necessary for the public health of the city, village, or township.

(b) The city, village, or township will be liable for an assessment at large for a percentage of the cost of the proposed drain.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956; Am. 1957, Act 119, Imd. Eff. May 24, 1957; Am. 2014, Act 551, Imd. Eff. Jan. 15, 2015; Am. 2018, Act 647, Eff. Mar. 28, 2019
Mich. Comp. Laws § 257.613c — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.613c
School crossing guard; responsibility of local law enforcement agency; instruction required; approval and conduct of courses.
Status: in_force

Sec. 613c.

School crossing guards shall be the responsibility of the local law enforcement agency having immediate jurisdiction of the crossing.

A person shall receive a minimum of 4 hours instruction before performing the duties of a school crossing guard. Two hours of additional instruction shall be given annually to a school crossing guard before the beginning of each school year. The courses of instruction shall be approved by the department of education and the department of state police and conducted by the local law enforcement agency having jurisdiction or its designee.

History: Add. 1978, Act 227, Imd. Eff. June 14, 1978
Mich. Comp. Laws § 559.135 — MI Code / Chapter 559 / Act Act-59-of-1978 / Section 559.135
Easements; creation; description; contents.
Status: in_force

Sec. 35.

Where fulfillment of the purposes of sections 31, 32, 33 or any other sections of this act reasonably requires the creation of easements, then the easements shall be created in the condominium documents or in other appropriate instruments and shall be reasonably described in the condominium documents. The easements shall contain the following:

A description of the permitted use.

If less than all co-owners are entitled to utilize the easement, a statement of the relevant restrictions on the utilization of the easement.

If any persons other than those entitled to the use of the condominium units may utilize an easement, a statement of the rights of others to utilization of the same and a statement of the obligations, if any, of all persons required to contribute to the financial support of the easement.

History: 1978, Act 59, Eff. July 1, 1978
Mich. Comp. Laws § 254.228 — MI Code / Chapter 254 / Act Act-99-of-1954 / Section 254.228
Trust funds; depository acting as trustee.
Status: in_force

Sec. 8.

All moneys received pursuant to the authority of this act, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this act. The resolution authorizing the bonds or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this act and such resolution or trust agreement may provide.

History: 1954, Act 99, Imd. Eff. Apr. 12, 1954
Mich. Comp. Laws § 141.128 — MI Code / Chapter 141 / Act Act-94-of-1933 / Section 141.128
Effect of approval permitting issuance of bonds.
Status: in_force

Sec. 28.

Qualification or approval to issue obligations under the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, that permits the issuance of bonds under this act shall not be considered an approval of the legality of issuing bonds under this act.

History: 1933, Act 94, Imd. Eff. May 26, 1933; Am. 1946, 1st Ex. Sess., Act 23, Eff. June 7, 1946; CL 1948, 141.128; Am. 1983, Act 76, Imd. Eff. June 6, 1983; Am. 2002, Act 465, Imd. Eff. June 21, 2002
Mich. Comp. Laws § 393.507 — MI Code / Chapter 393 / Act Act-204-of-1982 / Section 393.507
Fee and expenses of interpreter; payment; schedule of fees; duration of interpreter's availability.
Status: in_force

Sec. 7.

(1) A court appointed interpreter, qualified interpreter, intermediary interpreter, or deaf interpreter shall be paid a fee by the court that it determines to be reasonable. A qualified interpreter, intermediary interpreter, or deaf interpreter appointed by an appointing authority other than a court shall be paid a fee by the appointing authority. In addition, a qualified interpreter, intermediary interpreter, or deaf interpreter shall be paid for his or her actual expenses for travel, meals, and lodging.

(2) If the qualified interpreter, intermediary interpreter, or deaf interpreter is appointed by an appointing authority other than a court, the fee shall be paid out of funds available to the appropriate appointing authority.

(3) A qualified interpreter appointed for the deaf or deaf-blind person shall be available for the duration of the deaf or deaf-blind person's participation in the action or other proceeding.

History: 1982, Act 204, Imd. Eff. July 1, 1982; Am. 2007, Act 23, Imd. Eff. June 28, 2007
Mich. Comp. Laws § 287.601 — MI Code / Chapter 287 / Act Act-291-of-1972 / Section 287.601
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "beef industry commission act".

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972
Mich. Comp. Laws § 400.111k — MI Code / Chapter 400 / Act Act-280-of-1939 / Section 400.111k
Lead screening on children enrolled in medicaid.
Status: in_force

Sec. 111k.

Beginning October 1, 2007, the department of community health shall ensure that, as a condition of participation and funding, all health professionals, facilities, or health maintenance organizations receiving medicaid payments under this act are in substantial compliance with federal standards for lead screening for children enrolled in medicaid.

The department of community health shall determine the statewide average of lead screening being performed on children who are enrolled in medicaid on October 1, 2007 and shall determine whether the rate of children who are enrolled in medicaid receiving a lead screening is substantially in compliance with the federal standards for lead screening for children enrolled in medicaid. If the rate of children who are enrolled in medicaid receiving a lead screening is below 80%, the director of the department of community health shall present to the senate and house health policy committees a written report detailing why the rate is not in substantial compliance with the federally required standards for lead screening and the department of community health's recommendations for improving the rate. If the statewide lead screening testing rate does not equal or exceed 80% for medicaid-enrolled children by October 1, 2007, the department of community health may, with funds appropriated for medicaid managed care or medicaid fee for services, contract with community agencies to provide the percentage of lead screening tests needed to reach an 80% lead screening testing rate. A contracting organization that meets or surpasses contract performance requirements is entitled to share in financial bonuses awarded under the performance bonus program and receive not less than 10% of the beneficiaries who do not voluntarily select a specific health plan at the time of managed care enrollment in addition to any other auto assignments to which the contracting organization is entitled.

As used in this section, "medicaid" means the program of medical assistance administered by the state under section 105.

History: Add. 2004, Act 55, Imd. Eff. Apr. 12, 2004
Mich. Comp. Laws § 333.18705 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.18705
Michigan board of respiratory care; creation; membership; terms.
Status: in_force

Sec. 18705.

(1) The Michigan board of respiratory care is created in the department and consists of the following members who meet the requirements of part 161:

(a) Until June 30, 2010, 4 individuals who meet the requirements of section 16135(2). Beginning July 1, 2010, 7 individuals who are engaged in the practice of respiratory care.

(b) One medical director.

(c) Until June 30, 2010, 2 public members. Beginning July 1, 2010, 3 public members.

(2) The terms of office of individual members of the board created under this section, except those appointed to fill vacancies, expire 4 years after appointment on December 31 of the year in which the term expires.

History: Add. 2004, Act 3, Eff. July 1, 2004; Am. 2006, Act 407, Imd. Eff. Sept. 29, 2006; Am. 2010, Act 79, Imd. Eff. May 20, 2010