FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 117.4h — MI Code / Chapter 117 / Act Act-279-of-1909 / Section 117.4h
Public ways; permissible charter provisions.
Status: in_force

Sec. 4-h.

Each city may in its charter provide:

For the use, regulation, improvement and control of the surface of its streets, alleys and public ways, and of the space above and beneath them;

For the use, by others than the owner, of property located in streets, alleys and public places, in the operation of a public utility, upon the payment of a reasonable compensation to the owners thereof;

For a plan of streets and alleys within and for a distance of not more than 3 miles beyond its limits;

For the use, control and regulation of streams, waters and water courses within its boundaries, but not so as to conflict with the law or action thereunder where a navigable stream is bridged or dammed; or with riparian or littoral rights without their corporate limits;

For securing by condemnation, by agreement or purchase, or by any other means, an easement in property abutting or adjacent to any navigable stream, for the purpose of securing the privilege and right to construct, own and maintain along or adjacent to any navigable stream an elevated structure of 1 or more levels for use as vehicular or pedestrian passageway, or for any other municipal purpose;

For the acquiring, establishment, operation, extension and maintenance of facilities for the storage and parking of vehicles within its corporate limits, including the fixing and collection of charges for services and use thereof on a public utility basis, and for such purpose to acquire by gift, purchase, condemnation or otherwise the land necessary therefor;

For the acquiring, constructing, establishment, operation, extension and maintenance of facilities for the docking of pleasure water crafts and/or hydroplanes within its corporate limits, including the fixing and collection of charges for use thereof, and for such purpose or purposes to acquire by gift, purchase, condemnation or otherwise, the land necessary therefor.

History: Add. 1929, Act 126, Eff. Aug. 28, 1929; CL 1929, 2238; Am. 1931, Act 295, Imd. Eff. June 8, 1931; CL 1948, 117.4h
Mich. Comp. Laws § 440.4805 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.4805
Receiving bank; payment delay; interest; liability to originator for expenses resulting from improper execution; recovery of damages; failure to execute pursuant to express agreement; attorney fees; liability of bank under subsections (1) and (2) not varied by agreement.
Status: in_force

Sec. 4A305.

If a funds transfer is completed but execution of a payment order by the receiving bank in breach of section 4A302 results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of the funds transfer for the period of delay caused by the improper execution. Except as provided in subsection (3), additional damages are not recoverable.

If execution of a payment order by a receiving bank in breach of section 4A302 results in noncompletion of the funds transfer, failure to use an intermediary bank designated by the originator, or issuance of a payment order that does not comply with the terms of the payment order of the originator, the bank is liable to the originator for its expenses in the funds transfer and for incidental expenses and interest losses, to the extent not covered by subsection (1), resulting from the improper execution. Except as provided in subsection (3), additional damages are not recoverable.

In addition to the amounts payable under subsections (1) and (2), damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank.

If a receiving bank fails to execute a payment order it was obliged by express agreement to execute, the receiving bank is liable to the sender for its expenses in the transaction and for incidental expenses and interest losses resulting from the failure to execute. Additional damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank, but are not otherwise recoverable.

Reasonable attorney's fees are recoverable if demand for compensation under subsection (1) or (2) is made and refused before an action is brought on the claim. If a claim is made for breach of an agreement under subsection (4) and the agreement does not provide for damages, reasonable attorney's fees are recoverable if demand for compensation under subsection (4) is made and refused before an action is brought on the claim.

Except as stated in this section, the liability of a receiving bank under subsections (1) and (2) may not be varied by agreement.

History: Add. 1992, Act 100, Imd. Eff. June 25, 1992
Mich. Comp. Laws § 324.2701 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.2701
Definitions.
Status: in_force

Sec. 2701.

As used in this part:

(a) "Department" means the department of environmental quality.

(b) "Program" means a permit program or regulatory program administered by the department under this act.

History: Add. 2011, Act 248, Imd. Eff. Dec. 8, 2011
Mich. Comp. Laws § 330.1271 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1271
Additional duties of department.
Status: in_force

Sec. 271.

The department shall do both of the following:

(a) Cooperate with agencies of the federal government and receive and use federal funds for purposes authorized by the legislature.

(b) Prior to the expenditure of funds appropriated to other state agencies receiving appropriations for substance use disorder treatment and rehabilitation services and substance use disorder prevention services, have a contract signed with the receiving department-designated community mental health entity. The department shall submit a copy of each agreement to the governor and the appropriations committees of the senate and house of representatives.

History: Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
Mich. Comp. Laws § 257.1318a — MI Code / Chapter 257 / Act Act-300-of-1974 / Section 257.1318a
Records of air bag sales, purchases, or acquisitions; period of time records required to be maintained.
Status: in_force

Sec. 18a.

A facility that repairs or replaces air bags in a motor vehicle shall maintain a record of the purchase or sale of each used or reconditioned air bag purchased or acquired by the facility. The record shall contain the date of purchase or acquisition of each air bag, a description of each air bag, the identification number assigned to each air bag, and the name and address of the person to or from whom each air bag was purchased, acquired, or sold. The record of the sale, purchase, or acquisition of each air bag shall be maintained in or attached to a police book as described in section 251 of the Michigan vehicle code, 1949 PA 300, MCL 257.251. The facility's police book and the records of air bag sales, purchases, or acquisitions shall immediately be made available for inspection by the administrator and other law enforcement officials after a request for inspection is made.

Records required under this section shall be maintained by the facility for not less than 5 years.

History: Add. 1997, Act 9, Imd. Eff. May 16, 1997
Mich. Comp. Laws § 435.341 — MI Code / Chapter 435 / Act Act-402-of-2004 / Section 435.341
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "armed forces commemoration act".

History: 2004, Act 402, Imd. Eff. Nov. 15, 2004
Mich. Comp. Laws § 775.20 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 775.20
Expenses of prosecution for malfeasance in state office; payment.
Status: in_force

Sec. 20.

The expenses of all prosecutions against persons holding or who may have held any state office, for malfeasance in office, shall be paid from the general fund, by the state treasurer, and the board of state auditors are hereby authorized and empowered to allow all just and legal claims for such prosecutions, and this section shall be deemed to apply to the expenses of any prosecutions already commenced, as well as to any which may occur in the future.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17490; CL 1948, 775.20
Mich. Comp. Laws § 213.114 — MI Code / Chapter 213 / Act Act-119-of-1919 / Section 213.114
Summons; issuance, contents.
Status: in_force

Sec. 4.

Upon receiving such petition it shall be the duty of the clerk of said court to issue a summons against the respondents named in said petition, stating briefly the object of said petition, and commanding them in the name of the people of the state of Michigan to appear before said court, at a time and place to be named in said summons, not less than 20 nor more than 40 days from the date of the same, there to show cause, if any they have, why the prayer of said petition should not be granted.

History: 1919, Act 119, Eff. Aug. 14, 1919; CL 1929, 3814; CL 1948, 213.114
Mich. Comp. Laws § 125.2318 — MI Code / Chapter 125 / Act Act-96-of-1987 / Section 125.2318
Variances.
Status: in_force

Sec. 18.

A variance in the design and construction of a mobile home park or seasonal mobile home park may be granted upon notice of the request to the local government and the department of public health at the time of filing with the department of commerce. If the local government grants a variance which would permit activities violative of the minimum standards of the code, the local government shall file with the department a copy of the variance order and an explanation of the reason for the granting of the order. The department may approve or disapprove the variance or revoke the variance upon notice and hearing.

After a public hearing the department may grant a specific variance to a substantive requirement of the code if the literal application of the substantive requirement would result in an exceptional, practical difficulty to the applicant, and if the specific condition justifying the variance is neither so general nor recurrent in nature as to make an amendment of the code with respect to the condition reasonably practical or desirable.

The department may attach in writing a condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety, and welfare of the people of this state. The variance shall not exceed the minimum necessary to alleviate the exceptional, practical difficulty.

A variance to a local ordinance, zoning requirement, or local rule may be granted only by a local government.

A variance to a rule promulgated under this act may be granted only by the commission.

History: 1987, Act 96, Imd. Eff. July 6, 1987
Mich. Comp. Laws § 462.28 — MI Code / Chapter 462 / Act Act-300-of-1909 / Section 462.28
Common carriers; authority of commission; blanks; inspection; order to produce books; penalty.
Status: in_force

Sec. 28.

The commission shall have authority to inquire into the management of the business of any common carrier and shall keep itself informed as to the manner and shall have the right to obtain from any common carrier all necessary information to enable the commission to perform the duties and carry out the objects for which it is created;

The commission shall cause to be prepared for the purposes designated in this act blanks which shall conform as nearly as practicable to the forms prescribed by the interstate commerce commission, and shall when necessary furnish such blanks to each common carrier. Any common carrier receiving from the commission any such blanks shall cause the same to be properly filled out so as to answer fully and correctly each question therein propounded, and in case it is unable to answer any question it shall give a full and sufficient reason for such failure; and said answer shall be verified under oath by the proper officer of said common carrier and returned to the commission at its office within the time fixed by the commission. The making of a false affidavit or the filing of the same shall be deemed perjury and punishable as such under the statutes of Michigan defining perjury;

The commission or any commissioner, or any person or persons employed by the commission for that purpose, shall, upon demand, have the right to inspect the books and papers of any common carrier, and to examine under oath any officer, agent or employe of such common carrier in relation to any matter which is the subject of complaint or investigation: Provided, That any person other than 1 of said commissioners who shall make such demand shall produce his authority to make such inspection under the hand of the commission or its secretary, and under the seal of said commission;

The commission may require by order or subpoena, to be served upon any common carrier in the same manner that a subpoena is served in a law action in the circuit court, the production within this state, at such time and place as it may designate, any books, papers or accounts relating to any matter which is the subject of complaint or investigation, kept by such railroad in any office or place without the state of Michigan, or verified copies in lieu thereof, if the commission shall so order, in order that an examination thereof shall be made by the commission or under its direction, and such subpoena may issue to any sheriff in any county of the state. Any common carrier failing or refusing to comply with such order or subpoena within a reasonable time shall for each day it shall so fail or refuse, forfeit and pay into the state treasury a sum of not less than 100 dollars nor more than 1,000 dollars, to be recovered in an action at law brought in the name of the Michigan railroad commission.

History: 1909, Act 300, Eff. Sept. 1, 1909; CL 1915, 8136; CL 1929, 11044; CL 1948, 462.28
Mich. Comp. Laws § 750.377d — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.377d
Damaging, injuring, defacing, dismantling, tampering with, or removing traffic control device as crime; violation of law arising out of same transaction; "traffic control device" defined.
Status: in_force

Sec. 377d.

(1) A person who willfully and maliciously damages, destroys, injures, defaces, dismantles, tampers with, or removes a traffic control device is guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(b) A person who violates this section and has 1 prior conviction for violating this section is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $1,000.00, or both.

(c) A person who violates this section and has 2 or more prior convictions for violating this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.

(2) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section in addition to being charged with, convicted of, or sentenced for the violation of this section.

(3) As used in this section, "traffic control device" means a sign, signal, electronic traffic control sign or signal, marking, light post, railroad sign or signal, or device not inconsistent with the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, maintaining highway safety, or providing information to motor vehicle operators.

History: Add. 2016, Act 111, Eff. Aug. 8, 2016
Mich. Comp. Laws § 324.16701 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.16701
Definitions.
Status: in_force

Sec. 16701.

As used in this part:

"Motor oil" means oil used as a lubricant in a motor vehicle.

"Oil" means petroleum based oil.

"Recycle" means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing, or other means to utilize used oil in a manner that substitutes for a petroleum product made from new oil, if the preparation or use is operationally safe, environmentally sound, and complies with the law, rules, and regulations of this state and the United States.

"Used oil" means oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 124.699 — MI Code / Chapter 124 / Act Act-292-of-1989 / Section 124.699
Participating qualified county; receipt of revenues; publication and adoption of articles or amendments.
Status: in_force

Sec. 49.

(1) Except as provided in subsection (2), the articles of a metropolitan region council shall authorize each participating qualified county to receive up to 1/3 of any net revenues collected within that participating qualified county under section 47. The amount of up to 1/3 of net revenues received shall be expended to fund those cultural and recreational programs and facilities that are not primarily designed or used for professional sports.

(2) A participating qualified county with a population of more than 2,000,000 persons according to the most recent federal decennial census shall not receive any net revenues collected within that county under section 47(2). Instead, 1/3 of the net revenues collected in each city, village, or portion of a township that is not incorporated as a city or village shall be retained by that city, village, or portion of a township, and those net revenues shall be expended by the affected cities, villages, and portions of townships to fund only cultural and recreational programs and facilities that are not primarily designed or used for professional sports.

(3) Before the articles or amendments are adopted by any participating city, the articles or amendments shall be published by the clerk of the participating city at least once in a newspaper generally circulated within the participating city. Before the articles or amendments are adopted by participating qualified counties, the articles or amendments shall be published by the clerk of each participating qualified county at least once in a newspaper generally circulated within that county.

(4) The adoption of articles or amendments by the legislative body of a participating county or city shall be evidenced by an endorsement on the articles or amendments by the clerk of the participating county or city in a form substantially as follows:

These articles of incorporation (or amendments) were adopted by an affirmative vote of a majority of the members serving on the legislative body of ___________________________, _________________ at a meeting duly held on the _____ day of _______________, A.D., ____.

__________________________________ ______________________

__________________________________

______________________

(5) Upon adoption of the articles or amendments by a metropolitan region council, the clerk of each participating county shall file in that county and with the secretary of state a printed copy of the adopted or amended articles.

History: Add. 1998, Act 375, Imd. Eff. Oct. 20, 1998
Mich. Comp. Laws § 570.339 — MI Code / Chapter 570 / Act Act-116-of-1911 / Section 570.339
Violation of act; misdemeanor, penalty.
Status: in_force

Sec. 9.

Any person who shall thereafter upon demand, refuse to pay the amount due for such threshing or hulling, and who shall sell, secrete, or dispose of the property covered by or subject to such lien, without the written consent of the owner or owners of said lien, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding 100 dollars or imprisonment in the county jail not exceeding 90 days, or both such fine and imprisonment in the discretion of the court.

History: 1911, Act 116, Eff. Aug. 1, 1911; CL 1915, 14880; CL 1929, 5016; CL 1948, 570.339
Mich. Comp. Laws § 750.213b — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.213b
Sexual extortion.
Status: in_force

Sec. 213b.

(1) Except as provided in subsections (2) and (3), an individual who intentionally and maliciously threatens to release, exhibit, create, or distribute sexually explicit visual material of another individual in order to compel or attempt to compel another individual to do any act or refrain from doing any act against the individual's will with the intent to obtain sexually explicit visual material or anything else of value is guilty of a felony punishable as follows:

(a) For a first offense, by imprisonment for not more than 5 years, a fine of not more than $5,000.00, or both.

(b) For a second offense, by imprisonment for not more than 10 years, a fine of not more than $10,000.00, or both.

(c) For a third or subsequent offense, by imprisonment for not more than 20 years, a fine of not more than $20,000.00, or both.

(2) If an individual commits a violation of subsection (1) and either of the following factors apply, the individual is guilty of a felony punishable by imprisonment for not more than 25 years:

(a) The victim is less than 18 years of age or a vulnerable adult and the individual who committed the violation is more than 18 years of age.

(b) The victim suffers serious physical harm, serious mental harm, or death as a result of the violation of subsection (1).

(3) If the individual convicted of a violation of subsection (1) is less than 18 years of age, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year. The court may order behavioral health counseling from an appropriate agency or provider as part of an individual's sentence under this subsection.

(4) As used in this section:

(a) "Nudity" means displaying an individual's genitalia or anus or if the individual is a female, her nipples or areola.

(b) "Serious mental harm" means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner.

(c) "Serious physical harm" means a physical injury that threatens the life of a victim, causes substantial bodily disfigurement, or seriously impairs the functioning or well-being of the victim.

(d) "Sexually explicit visual material" means a photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.

(e) "Vulnerable adult" means that term as defined in section 145m.

History: Add. 2024, Act 261, Eff. Apr. 2, 2025