FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 331.51 — MI Code / Chapter 331 / Act Act-38-of-1969 / Section 331.51
Incorporation of local hospital authority; purposes.
Status: in_force

Sec. 21.

An incorporating unit may incorporate a local hospital authority under this act for the purposes of constructing, acquiring, reconstructing, remodeling, improving, adding to, enlarging, repairing, owning, and leasing hospital facilities for the use of a hospital within or without the boundaries of the incorporating unit; lending money to a hospital for those purposes; refunding or refunding in advance obligations of a local authority or the state authority; or refinancing the indebtedness of a hospital.

History: 1969, Act 38, Imd. Eff. July 14, 1969; Am. 1978, Act 277, Imd. Eff. July 3, 1978
Mich. Comp. Laws § 333.2658 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2658
Postmortem examination of unclaimed body; certification of body unfit for scientific or education purposes; interment of unclaimed body; expense.
Status: in_force

Sec. 2658.

A person, unless specifically authorized by law, shall not hold a postmortem examination of an unclaimed body without the express permission of the director of the department. When, through the failure of a person to notify the department or promptly to release an unclaimed body as required by the department, the body becomes unfit for scientific or educational purposes, the department shall so certify, and the unclaimed body shall be interred at the expense of those responsible for the noncompliance.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 2006, Act 301, Imd. Eff. July 20, 2006
Mich. Comp. Laws § 38.1626 — MI Code / Chapter 38 / Act Act-182-of-1986 / Section 38.1626
Retirement due to duty incurred disability; amount of retirement allowance; payment to surviving spouse or children; payment to deceased member's estate; maximum retirement allowance; eligibility for health insurance coverage.
Status: in_force

Sec. 26.

(1) Except as provided in section 24(4) and subject to subsection (5), a member who retires due to duty incurred disability after September 30, 1986, is entitled to receive a retirement allowance equal to 60% of the member's final average compensation.

(2) If a retirant receiving a retirement allowance under this section dies, the retirement system shall continue to pay the retirement allowance to the surviving spouse of the deceased retirant for the rest of the spouse's life.

(3) For purposes of this section, if there is no surviving spouse or on the spouse's death, the retirement allowance must be paid to the children under the age of 18 of the member, share and share alike. If there are no eligible children remaining after the spouse's death, there must be paid to the deceased member's estate any residual accumulated contributions and interest made by him or her into the reserve for employee contributions.

(4) The retirement allowance payable under this section, when added to the statutory worker's compensation benefits applicable in the case, must not exceed the average annual salary paid to the member for the member's last 2 years of service with the department of state police before the duty disability retirement allowance effective date.

(5) The retirement allowance payable under this section to a member who first becomes a member on or after June 10, 2012 must be offset by the actuarially determined value of the employer-funded portion plus the associated investment growth of the employer-funded portion of the member's defined contribution account balance.

(6) A member, former member, or beneficiary of a deceased member, which member first becomes a member on or after June 10, 2012 and who is eligible for a retirement allowance under this section, is eligible for health insurance coverage under section 42 in all respects and under the same terms as would be a member who first becomes a member before June 10, 2012. A member who is eligible for health insurance coverage under section 42 as described in this subsection is not vested in any employer contributions under section 42a(1).

History: 1986, Act 182, Eff. Oct. 1, 1986; Am. 2000, Act 374, Imd. Eff. Jan. 2, 2001; Am. 2018, Act 674, Imd. Eff. Dec. 28, 2018
Mich. Comp. Laws § 600.1611 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.1611
Venue; action on probate bond.
Status: in_force

Sec. 1611.

The county in which a probate bond is filed is a proper county in which to commence and try actions upon the bond.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 380.1155 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1155
Bilingual instruction program; notice of enrollment.
Status: in_force

Sec. 1155.

Prior to the placement of a child of limited English-speaking ability in a bilingual instruction program, the board of the local school district in which the child resides shall notify, by registered mail, the child's parents or legal guardian that the child is being enrolled in a bilingual instruction program. The notice shall contain a simple, nontechnical description of the purposes, method, and content of the program and shall inform the parents or guardian that they have the right to visit bilingual instruction classes in which their child is enrolled.

The notice shall be written in English and in the native language of the child of limited English-speaking ability.

The notice shall inform the parents or guardian that they have the absolute right to refuse the placement or to withdraw their child from the program by giving written notice to the board of the local school district in which the child resides.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977; Am. 1995, Act 289, Eff. July 1, 1996
Mich. Comp. Laws § 436.1811 — MI Code / Chapter 436 / Act Act-58-of-1998 / Section 436.1811
Insurance policy; coverage; conditions.
Status: in_force

Sec. 811.

The insurance policy described in this chapter shall cover the liability imposed by section 801 and shall contain the following conditions:

That no condition, provision, stipulation or limitation contained in the policy, or any other endorsement thereon, shall relieve the insurer from liability (within the statutory limits provided by section 803 of the Michigan liquor control code of 1998), for the payment of any claim for which the insured may be held legally liable under section 801 of said act.

History: 1998, Act 58, Imd. Eff. Apr. 14, 1998; Am. 1998, Act 416, Imd. Eff. Dec. 21, 1998
Mich. Comp. Laws § 456.206 — MI Code / Chapter 456 / Act Act-58-of-1915 / Section 456.206
Encumbrance of certain property prohibited; surety bond and cash bond.
Status: in_force

Sec. 6.

(1) A corporation shall have the power to acquire land that is necessary and appropriate for its purposes.

(2) A mortgage or other lien or encumbrance shall not be executed upon the lands or buildings of a columbarium.

(3) A mortgage or other lien or encumbrance may be executed on the land or buildings that are not under or part of a columbarium if, and only if, the corporation, landlord, mortgagee, or lender files and maintains in force a corporate surety bond and a cash bond that are conditioned upon the faithful performance of all cremations and dispositions of cremated remains contracted for, by, or on behalf of the corporation that owns the crematorium. The sum total of the surety bond and cash bond shall not be less than $100,000.00. The surety bond and cash bond shall be for the benefit of the state of Michigan to ensure the performance of the cremation and the disposition of cremated remains contracted for, by, or on behalf of the corporation that owns the crematorium. If land or buildings are leased pursuant to this subsection, the duration of the lease shall be for not less than 5 years.

History: 1915, Act 58, Eff. Aug. 24, 1915; CL 1915, 11182; CL 1929, 10467; CL 1948, 456.206; Am. 2011, Act 112, Imd. Eff. July 20, 2011
Mich. Comp. Laws § 445.2508 — MI Code / Chapter 445 / Act Act-42-of-2003 / Section 445.2508
Civil action; recovery; costs and attorney fees.
Status: in_force

Sec. 8.

A civil action may be brought by a person who received an unsolicited commercial e-mail in violation of this act.

A civil action may be brought by an e-mail service provider through whose facilities the unsolicited commercial e-mail was transmitted in violation of this act.

A civil action may be brought by the attorney general against a person who has violated this act.

In each action brought under this section, a recipient, e-mail service provider, or attorney general may recover 1 of the following:

Actual damages.

In lieu of actual damages, recover the lesser of the following:

$500.00 per unsolicited commercial e-mail received by the recipient or transmitted through the e-mail service provider.

$250,000.00 for each day that the violation occurs.

The prevailing recipient or e-mail service provider shall be awarded actual costs and reasonable attorney fees.

History: 2003, Act 42, Eff. Sept. 1, 2003
Mich. Comp. Laws § 388.401 — MI Code / Chapter 388 / Act Act-23-of-1935 / Section 388.401
Oath of college faculty members; filing.
Status: in_force

Sec. 1.

From and after September 1, 1935, it shall be unlawful for any citizen of the United States to serve as a teacher, instructor or professor in any state educational institution or any educational institution supported in whole or in part by public funds, or in any junior college, college or university of this state or any junior college, college or university whose property, or any part thereof, is exempt from taxation unless and until he or she shall have taken and subscribed the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support the constitution of the United States of America and the constitution of the state of Michigan, and that I will faithfully discharge the duties of my position, according to the best of my ability."

The oath required by this section shall be notarized and transmitted to the superintendent of public instruction, who shall file it in his office, where it shall be subject to public inspection. It shall be unlawful for an officer, person or board having control of the employment, dismissal or suspension of teachers, instructors or professors in any such educational institution, junior college, college or university to permit a person to serve in any such capacity therein in violation of the provisions of this section. This section shall not be construed to require a person to take such oath more than once during the time he or she is employed in the educational institutions in this state, though there be a change in the title or duties of the position: Provided, however, That this requirement shall not be construed as prohibiting such officer, person or board from employing for limited periods instructors or lecturers who are citizens of foreign countries.

History: 1935, Act 23, Imd. Eff. Apr. 19, 1935; Am. 1939, Act 55, Eff. Sept. 29, 1939; CL 1948, 388.401
Mich. Comp. Laws § 389.51 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.51
Formation of community college district by intermediate school districts; designation of territory; approval of superintendent of public instruction; submission of language for propositions to county clerk.
Status: in_force

Sec. 51.

The board of an intermediate school district or the boards of 2 or more intermediate school districts acting as a single board may form a community college district under this chapter. The board of the intermediate school district or joint board of the intermediate school districts shall designate the territory of the proposed community college district and refer the questions of organizing the community college district and the proposed annual tax rate to the superintendent of public instruction for approval. If the superintendent of public instruction approves, he or she shall notify the board of the intermediate school district or joint board, which shall, subject to section 646a of the Michigan election law, MCL 168.646a, submit the language for the propositions to the clerk of the county in which the designated territory is located.

History: 1966, Act 331, Eff. Oct. 1, 1966; Am. 2003, Act 306, Eff. Jan. 1, 2005; Am. 2016, Act 374, Eff. Mar. 22, 2017
Mich. Comp. Laws § 259.3 — MI Code / Chapter 259 / Act Act-327-of-1945 / Section 259.3
Definitions; B to D.
Status: in_force

Sec. 3.

As used in this act:

"Balloon" means a lighter-than-air aircraft that is not engine driven and that sustains flight through the use of either gas buoyancy or an airborne heater.

"Commercial activity or operations" means an activity or operation such as the sale of gasoline or oil, the soliciting or engaging in charter flying or flight instruction, the provision of shelter or the tie-down of an aircraft, the overhaul or repair of an aircraft or of engines, or other activity or operation that offers aeronautic facilities or services to the public.

"Commission" means the Michigan aeronautics commission.

"Dealer" means a person engaged in the business of purchasing, selling, brokering, exchanging, or dealing in aircraft parts or in aircraft of a type required to be registered.

"Decal plate" means that distinctive tab, sticker, decal, or plate issued by the commission with the registration certificate for an aircraft.

"Department" means the state transportation department, bureau of aeronautics.

"Director" means the deputy director of the department, bureau of aeronautics who is the director of the Michigan aeronautics commission.

History: 1945, Act 327, Imd. Eff. May 28, 1945; CL 1948, 259.3; Am. 1996, Act 370, Imd. Eff. July 3, 1996; Am. 2002, Act 35, Eff. May 15, 2002
Mich. Comp. Laws § 600.2964 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.2964
Social security or credit card number on check as condition of acceptance; requirement prohibited; exceptions; prima facie evidence of identity; violation; penalty; “sale at retail” defined.
Status: in_force

Sec. 2964.

Except as provided in subsection (2), a person shall not require that a social security or credit card number be written on a check as a condition of acceptance of that check. As used in this section, "check" includes a draft, warrant, or any other instrument that authorizes the payment of money.

This section does not prohibit any of the following:

A credit granting institution from requiring its own account number to be recorded on a check.

A governmental entity from requiring a person to record his or her social security number on a check made for a payment on a tax liability.

A person that has agreed to accept a check from a credit card holder if the check is guaranteed by the credit card issuer from requiring the credit card number and the expiration date of the card to be recorded on the check.

The following is prima facie evidence of the identity of the drawer of a check:

The following drawer information if obtained from the drawer and recorded on the check:

Name.

Address.

Home or work telephone number, if any.

Driver license number, state identification card number, or military identification card number.

The signature of the drawer if witnessed and initialed by the person receiving the check.

Except as provided in subsection (5), a person who violates this section is responsible for a state civil infraction punishable by a fine of not more than $500.00.

In a sale at retail, it is the owner of the business that is liable for a violation under this section and is responsible for a state civil infraction punishable by a fine of not more than $500.00.

As used in this section, "sale at retail" means a transaction by which ownership or leasing of tangible personal property is transferred or leased for consideration, if made in the ordinary course of business.

History: Add. 1997, Act 157, Eff. Jan. 1, 1998
Mich. Comp. Laws § 555.904 — MI Code / Chapter 555 / Act Act-159-of-2004 / Section 555.904
Principal disbursement; transfer of amount to provide reserve.
Status: in_force

Sec. 504.

If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in 1 or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

Principal disbursements to which subsection (1) applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:

An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs.

A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments.

Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker's commissions.

Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments.

Disbursements described in section 502(1)(g).

If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (1).

History: 2004, Act 159, Eff. Sept. 1, 2004
Mich. Comp. Laws § 500.4623 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.4623
Sponsored captive insurance company; discount of reserves.
Status: in_force

Sec. 4623.

(1) A sponsored captive insurance company may discount its loss and loss adjustment expense reserves at the lesser of treasury rates or the captive insurance company's actual rate of return applied to the applicable payments projected through the use of the expected payment pattern associated with the reserves.

(2) The commissioner may disallow the discounting of reserves if a sponsored captive insurance company violates a provision of this act.

History: Add. 2008, Act 29, Imd. Eff. Mar. 13, 2008
Mich. Comp. Laws § 16.375 — MI Code / Chapter 16 / Act Act-380-of-1965 / Section 16.375
Department of corrections; creation.
Status: in_force

Sec. 275.

There is hereby created a department of corrections.

History: 1965, Act 380, Imd. Eff. July 23, 1965
Mich. Comp. Laws § 447.204 — MI Code / Chapter 447 / Act Act-359-of-1990 / Section 447.204
Duties of director.
Status: in_force

Sec. 4.

The director shall promote, identify, and facilitate, either directly or through any of the persons listed in section 6, export sale opportunities of agricultural commodities and products of the state.

If the director finds that a proposed export sale meets the requirements of this act and the buyer is eligible for a loan from a qualifying financial institution, the director shall notify the state treasurer of the proposed export sale and the state treasurer may invest surplus funds of the state in the lending financial institution to participate in such a loan.

History: 1990, Act 359, Imd. Eff. Dec. 27, 1990
Mich. Comp. Laws § 331.8f — MI Code / Chapter 331 / Act Act-47-of-1945 / Section 331.8f
Bonds; public sale; notice; publication; private sale.
Status: in_force

Sec. 8f.

Except as provided herein, bonds may not be sold except at public sale, after notice by publication at least 14 days before the sale in a publication printed in the English language and circulated in this state which carries as part of its regular service notices of sale of municipal bonds and which was approved by the department of treasury as a publication complying with the foregoing qualifications. If the hospital authority received a bid or bids at the time fixed for public sale which was rejected by the hospital authority board, then the bonds may be sold at private sale within 60 days thereafter at a price not less than the highest bid received at the public offering. If the hospital authority offered the bonds at a public offering and did not receive a bid, then the bonds may be sold at private sale within 60 days after that last public offering. During a period in which bonds may be sold at private sale the hospital authority board may enter into an agreement for delivery of the bonds in payment for the cost of the particular project for which the bonds are to be issued. Notwithstanding any of the foregoing provisions, bonds may be sold without a second public offering to the federal government or any agency thereof at private sale within 60 days after the first public offering at a price not less than the highest bid, if any, received at the first public offering.

History: Add. 1973, Act 161, Imd. Eff. Dec. 14, 1973; Am. 1983, Act 78, Imd. Eff. June 6, 1983
Mich. Comp. Laws § 440.2978 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2978
Retention or disposition of goods by lessor; damages.
Status: in_force

Sec. 2A528.

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement under section 2A504 or otherwise determined pursuant to agreement of the parties under sections 1302 and 2A503, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and disposition is by lease agreement that for any reason does not qualify for treatment under section 2A527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in section 2A523(1) or 2A523(3)(a), or, if agreed, for other default of the lessee, ( i ) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, ( ii ) the present value as of the date determined under this subsection of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and any incidental damages allowed under section 2A530, less expenses saved in consequence of the lessee's default.

(2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under section 2A530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.

History: Add. 1992, Act 101, Eff. Sept. 30, 1992; Am. 2012, Act 86, Eff. July 1, 2013