FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 421.40 — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.40
“Employing unit” defined.
Status: in_force

Sec. 40.

"Employing unit" means any individual or type of organization, including, but not limited to, a governmental entity as defined in section 50a, a partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to this amendatory act, had in its employ 1 or more individuals performing services for it within this state. All individuals performing services within this state for any employing unit which maintains 2 or more separate establishments within this state shall be considered to be employed by a single employing unit for all the purposes of this act. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be considered to be employed by that employing unit for all the purposes of this act, whether the individual was hired or paid directly by that employing unit or by the agent or employee, provided the employing unit had actual or constructive knowledge of the work.

History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936; CL 1948, 421.40; Am. 1954, Act 197, Imd. Eff. May 7, 1954; Am. 1955, Act 281, Eff. July 15, 1955; Am. 1971, Act 231, Imd. Eff. Jan. 3, 1972; Am. 1977, Act 277, Eff. Jan. 1, 1978
Mich. Comp. Laws § 42.3a — MI Code / Chapter 42 / Act Act-359-of-1947 / Section 42.3a
Notice to clerk of township not incorporated as charter township; resolution of township board; notice of right to referendum; petition; signatures; submitting question of incorporation at general or special election; wording of ballot.
Status: in_force

Sec. 3a.

Within 30 days after the effective date of this 1984 amendatory act and after each regular or special federal or state census, the secretary of state shall notify the clerk of a township which is not incorporated as a charter township pursuant to this act and which has a population of 2,000 or more inhabitants, excluding the population of any incorporated village, according to the most recently made regular or special federal or state census that the township may be incorporated as the charter township of ............ under this act.

After notification is received by the clerk, the township board may:

Adopt, by a majority vote, a resolution opposed to incorporation.

Adopt, by a majority vote, a resolution of intent to approve incorporation and if a petition of disagreement to the intent resolution relative to the incorporation is filed within 60 days before final passage of the resolution, the electors of the township have the right to a referendum on the incorporation question.

Adopt, by a majority vote, a resolution to place before the electorate the question of incorporation at the next regular or special election.

The clerk shall publish in a newspaper of general circulation in the township a notice of the right to referendum within 15 days after receipt of notification from the secretary of state. A second notice shall be published 7 days after the first notice.

The petition under subsection (2)(b) shall be signed by not less than 10% of the number of electors of the township voting for township supervisor at the last election in which a supervisor was elected. The township clerk shall check the signatures on the petitions with those of the electors signing the petitions as they appear on the registration cards of the township. If petitions bearing the required number of signatures of electors have been filed, the clerk shall do and perform all acts required for the submission of the question of incorporation at the next general or special election. The wording of the ballot shall be in accordance with section 2.

History: Add. 1976, Act 90, Eff. Mar. 31, 1977; Am. 1984, Act 361, Eff. Mar. 29, 1985
Mich. Comp. Laws § 800.452 — MI Code / Chapter 800 / Act Act-16-of-1978 / Section 800.452
Reimbursement for fees.
Status: in_force

Sec. 2.

The state shall reimburse each county in which a state correctional facility is located for the reasonable and actual costs incurred by the county for juror's fees, witness fees, fees of attorneys appointed by the court for the defendant, transcript fees, and for a proportion of the fees for the office of the prosecuting attorney as determined under subsection (3), in cases of new felony offenses committed by inmates of state correctional facilities during a period of state incarceration, new felonies committed during escape and cases of escape from custody as prescribed in section 65a(3) of Act No. 232 of the Public Acts of 1953, being section 791.265 of the Michigan Compiled Laws.

Each county shall submit monthly its itemized costs as described in this section to the state agency designated in subsection (3). After determination by the state agency designated in subsection (3) of the reasonableness of the amount to be paid, payment shall be made in accordance with the accounting laws of the state. The determination of reasonableness by the state agency designated in subsection (3) shall be conclusive.

The state agency responsible for the duties prescribed in subsections (2) and (4) shall be as follows:

Before October 1, 1988, the department of corrections.

On and after October 1, 1988, the department of management and budget.

The amount of reimbursement for the fees of the prosecuting attorney under subsection (1) for any case, subject to the determination of reasonableness by the state agency designated in subsection (3), shall be based upon the actual time spent in prosecuting the case, and shall be calculated at a rate equal to 70% of the hourly rate or flat fee paid to court-appointed defense attorneys in the county. However, the reimbursement for a single case shall not exceed $1,000.00 unless the case is either of the following:

A felony offense for which the maximum punishment is life imprisonment. In which case the reimbursement shall not exceed $10,000.00.

A case that involves 12 or more hours of actual trial time, in which case the reimbursement shall not exceed $10,000.00. As used in this subdivision, "actual trial time" means the trial hours recorded on the court record beginning when juror selection begins and ending when the jury begins deliberation in the case. If there is no jury in the case, actual trial time means the trial hours recorded on the court record.

History: 1978, Act 16, Imd. Eff. Feb. 12, 1978; Am. 1987, Act 272, Eff. Apr. 1, 1988
Mich. Comp. Laws § 333.21905 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.21905
Definitions; P to R.
Status: in_force

Sec. 21905.

(1) "Permit" means an authorization granted by the department under this part to conduct training or instruction of nurse aide candidates under the program described in section 21907(a) or medication aide candidates under the described in section 21907(b).

(2) "Practice as a medication aide" means administering regularly scheduled medications to residents of a nursing home or skilled nursing facility while under the supervision of a registered professional nurse licensed under article 15. Practice as a medication aide is not the practice of nursing as that term is defined in section 17201 and does not include administering controlled substances, administering medications in injectable forms, the initial administration of medications, or the administration of as needed medications including pro re nata medications.

(3) "Practice as a nurse aide" means providing nursing or nursing-related services to a patient or resident. Practice as a nurse aide is not the practice of nursing as that term is defined in section 17201.

(4) "Qualified educational institution" means a degree- or certificate-granting public or private college or university, junior college, or community college.

(5) "Registration" means an authorization granted by the department under this part granting permission to an individual to engage in practice as a nurse aide under the program described in section 21907(a) or engage in practice as a medication aide under the program described in section 21907(b).

History: Add. 2017, Act 172, Eff. Feb. 19, 2018; Am 2023, Act 274, Eff. Mar. 7, 2024
Mich. Comp. Laws § 436.1507 — MI Code / Chapter 436 / Act Act-58-of-1998 / Section 436.1507
Liquor licenses; publicly owned airports; issuance.
Status: in_force

Sec. 507.

The commission may issue, without regard to the quota provisions of section 531, licenses to the owner or lessee, or both, to sell alcoholic beverages for consumption on the premises of buildings in the passenger terminal complex of each publicly owned airport that is served by scheduled commercial passenger airlines certificated to enplane and deplane passengers on a scheduled basis by the federal aviation agency or the civil aeronautics board. A license issued under this section is not transferable.

History: 1998, Act 58, Imd. Eff. Apr. 14, 1998
Mich. Comp. Laws § 455.205 — MI Code / Chapter 455 / Act Act-137-of-1929 / Section 455.205
Property; sale and disposition, proceedings.
Status: in_force

Sec. 5.

The trustees of such corporation, when thereunto authorized, by majority vote of the members of such corporation voting thereon at any annual meeting, or any special meeting called expressly for that purpose, by a general by-law, adopted and recorded, may sell, mortgage, give, grant, convey and lease said lands or any part or portion thereof, upon such terms and subject to such reservations and restrictions as may be deemed advisable.

History: 1929, Act 137, Eff. Aug. 28, 1929; CL 1929, 10367; CL 1948, 455.205
Mich. Comp. Laws § 780.754a — MI Code / Chapter 780 / Act Act-87-of-1985 / Section 780.754a
Victim of identity theft; filing police report; jurisdiction; "identity theft" defined.
Status: in_force

Sec. 4a.

(1) To facilitate compliance with 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation of identity theft may be prosecuted as provided under section 10c of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.10c, and to obtain a copy of that report from that law enforcement agency.

(2) As used in this section, "identity theft" means that term as defined in section 3 of the identity theft protection act.

History: Add. 2004, Act 456, Eff. Mar. 1, 2005
Mich. Comp. Laws § 257.212 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.212
Notice; methods.
Status: in_force

Sec. 212.

(1) If the secretary of state is authorized or required to give notice under this act or other law regulating the operation of a vehicle, unless a different method of giving notice is otherwise expressly prescribed, notice shall be given either by personal delivery to the person to be notified or by first-class United States mail addressed to the person at the address shown by the record of the secretary of state. The giving of notice by mail is complete upon the expiration of 5 days after mailing the notice.

(2) Any notice required to be provided under this act may be provided by electronic means.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 1980, Act 398, Eff. Mar. 31, 1981; Am. 2002, Act 534, Eff. Oct. 1, 2002; Am. 2015, Act 11, Eff. July 8, 2015; Am. 2016, Act 32, Eff. June 6, 2016
Mich. Comp. Laws § 18.1360 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1360
Michigan infrastructure fund; creation; deposit; investment; interest and earnings; money at close of fiscal year; administration of fund for auditing purposes; expenditure.
Status: in_force

Sec. 360.

(1) The Michigan infrastructure fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the Michigan infrastructure fund. The state treasurer shall direct the investment of the Michigan infrastructure fund. The state treasurer shall credit to the Michigan infrastructure fund interest and earnings from Michigan infrastructure fund investments.

(3) Money in the Michigan infrastructure fund at the close of the fiscal year shall remain in the Michigan infrastructure fund and shall not lapse to the general fund.

(4) The department shall be the administrator of the Michigan infrastructure fund for auditing purposes.

(5) Money shall be expended from the Michigan infrastructure fund, upon appropriation, only to offset future infrastructure expenses as provided by law.

History: Add. 2016, Act 223, Imd. Eff. June 23, 2016
Mich. Comp. Laws § 257.1132 — MI Code / Chapter 257 / Act Act-198-of-1965 / Section 257.1132
Total loss of vehicle; surrender of title, junking.
Status: in_force

Sec. 32.

When payment is made for property damage to a vehicle which payment represents the total value of the vehicle less the $200.00 deductible the secretary may require that the certificate of title of the vehicle be surrendered for cancellation as a junk vehicle. When the certificate of title is surrendered under this section the secretary shall issue a memorandum of title which will enable the owner of the vehicle to dispose of it as junk or salvage.

History: Add. 1969, Act 252, Imd. Eff. Aug. 11, 1969
Mich. Comp. Laws § 487.14203 — MI Code / Chapter 487 / Act Act-276-of-1999 / Section 487.14203
Financing real or personal property; use of proceeds for purchase, design, manufacture, construction, repair, modification, or improvement; liability for defect.
Status: in_force

Sec. 4203.

A bank that makes a loan, the proceeds of which are used or may be used by the borrower to finance the purchase, design, manufacture, construction, repair, modification, or improvement of real or personal property, shall not be liable for any defect in the property purchased, designed, manufactured, constructed, repaired, modified, or improved or for any loss or damage resulting from the failure of the borrower or any agent or other person employed by the borrower to use due care in the examination, design, manufacture, construction, repair, modification, or improvement of the property.

History: 1999, Act 276, Eff. Mar. 1, 2000
Mich. Comp. Laws § 450.3102 — MI Code / Chapter 450 / Act Act-162-of-1982 / Section 450.3102
Controlling definitions.
Status: in_force

Sec. 1102.

The definitions contained in sections 1103 and 1104 shall control in the interpretation of this chapter, unless the context otherwise requires.

History: Add. 1984, Act 209, Eff. Nov. 1, 1985
Mich. Comp. Laws § 257.625e — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.625e
Refusal to submit to chemical test pursuant to MCL 257.625d; request for hearing; notice.
Status: in_force

Sec. 625e.

If a person refuses to submit to a chemical test pursuant to section 625d, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in section 625f. The form of the notice shall be prescribed and furnished by the secretary of state.

The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be permitted to represent the person at the hearing.

History: Add. 1967, Act 253, Eff. Nov. 2, 1967; Am. 1968, Act 335, Eff. Nov. 15, 1968; Am. 1976, Act 9, Imd. Eff. Feb. 13, 1976; Am. 1982, Act 310, Eff. Mar. 30, 1983; Am. 1991, Act 104, Eff. Jan. 1, 1992
Mich. Comp. Laws § 458.110 — MI Code / Chapter 458 / Act Act-54-of-1899 / Section 458.110
Amendment of articles; procedure.
Status: in_force

Sec. 10.

At any time after such church shall have become duly organized under this act, it shall be lawful for any such church, at any regular meeting thereof, of which proper notice shall have been given, as hereinafter provided, by a vote of 2/3 of the members present at such meeting, to amend its articles of association in any manner not inconsistent with the provisions of this act, and such amendments shall become operative on filing a copy of the same, certified by the moderator or chairman and clerk of such meeting, and duly acknowledged by an officer authorized to take acknowledgment of deeds, with the corporation and securities bureau of the department of commerce.

History: 1899, Act 54, Imd. Eff. May 2, 1899; CL 1915, 10951; CL 1929, 10910; CL 1948, 458.110; Am. 1982, Act 446, Eff. Mar. 30, 1983
Mich. Comp. Laws § 41.350t — MI Code / Chapter 41 / Act Act-107-of-1941 / Section 41.350t
Powers cumulative.
Status: in_force

Sec. 20t.

The powers granted to townships in sections 20 l to 20s are granted in addition to those granted by other statutes.

History: Add. 1989, Act 83, Imd. Eff. June 20, 1989
Mich. Comp. Laws § 700.7506 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.7506
Creditor's claim against settlor; "settlor" explained.
Status: in_force

Sec. 7506.

(1) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply:

(a) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.

(b) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that at the settlor's death was revocable by the settlor, either alone or in conjunction with another person, is subject to expenses, claims, and allowances as provided in section 7605.

(c) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach no more than the lesser of the following:

( i ) The claim of the creditor or assignee.

( ii ) The maximum amount that can be distributed to or for the settlor's benefit exclusive of sums to pay the settlor's taxes during the settlor's lifetime.

(2) If a trust has more than 1 settlor, the amount a creditor or assignee of a particular settlor may reach under subsection (1)(c) must not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.

(3) A trust beneficiary is not considered a settlor merely because of a lapse, waiver, or release of a power of withdrawal over the trust property.

(4) An individual who creates a trust is not considered a settlor with regard to the individual's retained beneficial interest in the trust that follows the termination of the individual's spouse's prior beneficial interest in the trust if all of the following apply:

(a) During the lifetime of the individual's spouse, the only distributees or permissible distributees of the trust income or principal are either of the following:

( i ) The individual's spouse.

( ii ) The individual's spouse and either of the following:

(A) The individual's issue.

(B) The issue of the individual's spouse.

(b) The individual retains a beneficial interest in the trust income, trust principal, or both, which beneficial interest follows the termination of the individual's spouse's prior beneficial interest in the trust.

(5) An individual is not considered a settlor of a trust for the benefit of the individual:

(a) If the settlor is the individual's spouse, regardless of whether or when the individual was the settlor of a trust for the benefit of that spouse.

(b) To the extent that the property of trust was subject to a general power of appointment in another individual.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2009, Act 46, Eff. Apr. 1, 2010; Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024
Mich. Comp. Laws § 500.2119a — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.2119a
Automobile insurance; calculating insurance eligibility points.
Status: in_force

Sec. 2119a.

In calculating insurance eligibility points for purposes of determining eligibility for automobile insurance and for purposes of applying underwriting rules, only the highest applicable insurance eligibility point value shall be accumulated for any single occurrence involving more than 1 violation, or for any single occurrence involving 1 or more violations together with 1 substantially at-fault accident determination.

History: Add. 1980, Act 461, Imd. Eff. Jan. 15, 1981
Mich. Comp. Laws § 28.223 — MI Code / Chapter 28 / Act Act-211-of-1925 / Section 28.223
Training school; students, lodging.
Status: in_force

Sec. 3.

The department of public safety may provide board and lodging for persons in attendance at such school, the cost thereof to be borne by the student or by the county, township, city or village authorizing his attendance at such school.

History: 1925, Act 211, Eff. Aug. 27, 1925; CL 1929, 565; CL 1948, 28.223
Mich. Comp. Laws § 259.483 — MI Code / Chapter 259 / Act Act-259-of-1959 / Section 259.483
Building permits; public utility structures, emergency repair.
Status: in_force

Sec. 3.

No application for a permit shall be required for the emergency repair or replacement of nonconforming public utility structures, other than buildings, to insure continuity of proper customer service, when the height of such structures is not increased by such emergency repair or replacement: Provided further, That any combination of circumstances calling for immediate action or remedy in the repair or replacement of such nonconforming public utility structures shall be deemed an emergency.

History: 1959, Act 259, Eff. Mar. 19, 1960
Mich. Comp. Laws § 432.274 — MI Code / Chapter 432 / Act Act-74-of-1997 / Section 432.274
Registration form; other information required.
Status: in_force

Sec. 4.

A person, other than an individual, who holds a 1% or more interest in a casino licensee or casino enterprise shall, in addition to the other information required in section 3, include on its registration form the names of its principal officers, board members, partners, or directors.

History: 1997, Act 74, Imd. Eff. July 17, 1997
Mich. Comp. Laws § 700.1306 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.1306
Oath or affirmation on filed documents.
Status: in_force

Sec. 1306.

Except as otherwise specifically provided in this act or by supreme court rule, a document, including an application, petition, or demand for notice, filed with the court under this act is considered to include an oath, affirmation, or statement to the effect that the document's representations are true as far as the individual executing or filing the document knows or is informed, and penalties for perjury may follow deliberate falsification in the document.

History: 1998, Act 386, Eff. Apr. 1, 2000