FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 41.72b — MI Code / Chapter 41 / Act R-S-of-1846 / Section 41.72b
Conducting business at public meeting; notice of meeting.
Status: in_force

Sec. 72b.

The business which the township board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.

History: Add. 1960, Act 19, Eff. Aug. 17, 1960; Am. 1977, Act 159, Imd. Eff. Nov. 8, 1977
Mich. Comp. Laws § 333.20977 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.20977
Rules considered as rescinded; exceptions.
Status: in_force

Sec. 20977.

Except as otherwise provided in subsection (2), rules promulgated to implement former parts 32, 203, or 207 of this act and in effect on July 22, 1990 do not continue, and are considered as rescinded.

Subsection (1) does not apply to rules that have been identified as being applicable within 6 months after the effective date of the amendatory act that added this subsection, as recommended by the department and approved by the statewide emergency medical services coordination committee.

History: Add. 1990, Act 179, Imd. Eff. July 2, 1990; Am. 2000, Act 375, Imd. Eff. Jan. 2, 2001
Mich. Comp. Laws § 64.21 — MI Code / Chapter 61 / Act Act-3-of-1895 / Section 64.21
Village officers; compensation.
Status: in_force

Sec. 21.

The president and each trustee shall receive compensation for the performance of the duties of the office of president or trustee only as provided by ordinance. The ordinance shall specify how the compensation is determined due and paid. Except as otherwise provided by law, these officers shall receive no other compensation for services performed for and on behalf of the village during their term of office. Except as otherwise provided in this act or by other law regulating fees for services, other officers shall receive such compensation as may be prescribed by the council.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895; CL 1897, 2747; CL 1915, 2618; Am. 1917, Act 51, Eff. Aug. 10, 1917; CL 1929, 1527; CL 1948, 64.21; Am. 1954, Act 160, Eff. Aug. 13, 1954; Am. 1992, Act 42, Imd. Eff. May 12, 1992; Am. 1998, Act 255, Imd. Eff. July 13, 1998
Mich. Comp. Laws § 324.64106 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.64106
Public hearing; determination; criteria; statement of reasons.
Status: in_force

Sec. 64106.

After the submission of the information required by section 64105(4), and after review and evaluation of that information by the department, the department shall hold a public hearing to hear comments from the public on whether the department should enter into a contract for the taking of peat from a nominated parcel. This hearing may be consolidated with other legally required hearings related to the taking of peat from the nominated parcel.

After completion of the public hearing required by subsection (1), the department shall decide whether to enter into a contract with the highest bidder based upon a determination that the taking of the peat from the parcel of nominated land would be in the public interest and would not unacceptably disrupt or destroy the aquatic or other resources of the peat land or the surrounding area. In making this determination, the department shall balance the benefit that reasonably may be expected to accrue from the taking of the peat against the reasonably foreseeable detriment of the taking, and, to that end, shall consider the following criteria:

The relative extent of the public and private need for the taking of the peat.

The availability of feasible and prudent alternative locations and methods for attaining the expected benefits of the taking of the peat.

The extent and permanence of the beneficial or detrimental effects which the taking of the peat may have on the public and private uses to which the area is suited.

The probable impact of the taking of peat in relation to the cumulative effect created by other existing and anticipated activities in the watershed where the peat is located.

The probable impact of the taking of the peat on recognized historic, cultural, scenic, ecological, educational, or recreational values, and on the public health, or fish or wildlife.

The size of the peat surface area in relation to the size of the parcel of state owned land.

The impact of the taking of the peat on subsurface water resources, recharging groundwater supplies and adjacent watersheds, and surface water bodies.

The economic value, both public and private, of the taking of peat to the general area.

The department shall state its reasons for deciding to enter or not to enter into a contract with the highest bidder for the taking of peat.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 289.35 — MI Code / Chapter 289 / Act Act-211-of-1893 / Section 289.35
State food analyst, chemists, inspectors; oath, tenure, laboratory, salaries, expenses, chemical supplies.
Status: in_force

Sec. 5.

The commissioner shall appoint a suitable and competent person as state analyst, who shall be a practical analytical chemist. The commissioner may appoint an assistant chemist and such inspectors as shall be necessary to carry out the provisions of this act. Before entering upon the duties of their offices, they shall take, subscribe and file in the office of the secretary of state the constitutional oath of office. Their term of office shall continue during the pleasure of the commissioner. The board of state auditors shall provide a room for the laboratory of the state analyst and his assistant, and the necessary furniture and fixtures therefor. In case of the absence or inability of the state analyst or his assistant to perform their duty, the commissioner may appoint some competent person to perform the same temporarily, which person shall take, subscribe and file the constitutional oath of office. The salaries of all employes hereby authorized, and the necessary expenses thereof while traveling in performing any of their duties, shall be paid in the same manner as the salaries and expenses of other state officers and employes. Such an amount as is found to be necessary in the proper performance of the work of the analyst may be expended for chemical supplies.

History: 1893, Act 211, Eff. Aug. 28, 1893; Am. 1895, Act 245, Imd. Eff. June 1, 1895; Am. 1897, Act 154, Imd. Eff. May 24, 1897; CL 1897, 4977; Am. 1901, Act 186, Imd. Eff. May 29, 1901; Am. 1903, Act 230, Eff. Sept. 17, 1903; Am. 1905, Act 12, Imd. Eff. Mar. 9, 1905; CL 1915, 6364; CL 1929, 5407; Am. 1933, Act 163, Imd. Eff. June 22, 1933; CL 1948, 289.35
Mich. Comp. Laws § 257.668 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.668
Designating certain grade crossings as "stop" crossings or "yield" crossings; signs; duties of driver; cost of yield sign installations; action for negligence; exception for on-track equipment; failure to stop or yield as civil infraction.
Status: in_force

Sec. 668.

(1) The state transportation department with respect to highways under its jurisdiction and the county road commissions and local authorities with respect to highways under their jurisdiction may designate certain grade crossings of railways by highways as "stop" crossings, and erect signs at the crossings notifying drivers of vehicles upon the highway to come to a complete stop before crossing the railway tracks. When a crossing is designated and signposted as provided in this subsection, the driver of a vehicle shall stop not more than 50 feet but not less than 15 feet from the railway tracks. The driver shall then traverse the crossing when it may be done in safety.

(2) The state transportation department with respect to highways under its jurisdiction and the county road commissions and local authorities with respect to highways under their jurisdiction may designate certain grade crossings of railways by highways as yield crossings, and erect signs at the crossings notifying drivers of vehicles upon the highway to yield. Yield signs may be mounted on the same post as the crossbuck sign. Drivers of vehicles approaching a yield sign at the grade crossing of a railway shall maintain a reasonable speed based upon existing conditions and shall yield the right-of-way. The cost of yield sign installations shall be borne equally by the railroad and the governmental authority under whose jurisdiction the highway rests. The erection of or failure to erect, replace, or maintain a stop or yield sign or other railroad warning device, unless the device or sign was ordered by public authority, is not a basis for an action of negligence against the state transportation department, county road commissions, the railroads, or local authorities.

(3) If other on-track equipment does not trigger the activation of an electric or mechanical signal device, and employees of the railroad have followed all applicable railroad operating rules, there is no basis for a civil action against the railroad that operated the other on-track equipment, the state transportation department, a county road commission, or a local authority, or an employee or agent of the railroad that operated the other on-track equipment, the state transportation department, a county road commission, or a local authority.

(4) A person who fails to stop or yield as required by this section is responsible for a civil infraction.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 1953, Act 76, Eff. Oct. 2, 1953; Am. 1961, Act 179, Eff. Sept. 8, 1961; Am. 1978, Act 510, Eff. Aug. 1, 1979; Am. 1980, Act 101, Imd. Eff. Apr. 27, 1980; Am. 2002, Act 534, Eff. Oct. 1, 2002; Am. 2018, Act 394, Eff. Mar. 19, 2019
Mich. Comp. Laws § 333.17317 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17317
Out-of-state license; requirements.
Status: in_force

Sec. 17317.

Subject to section 16186, the department may issue a nursing home administrator's license, without examination, to an individual who holds a current license as a nursing home administrator from another state if the applicant passes an examination approved by the department and the board which tests the individual's knowledge of law relating to practice in Michigan.

History: Add. 2001, Act 139, Imd. Eff. Oct. 26, 2001
Mich. Comp. Laws § 324.11906 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11906
Resolution authorizing execution of contract; publication and contents of notice of adoption; effective date of contract; referendum; special election not included in statutory or charter limitation; verification of signatures on petition; rejection of signatures; determining number of registered electors.
Status: in_force

Sec. 11906.

A municipality desiring to enter into a contract under section 11902 or 11903 shall authorize, by resolution of its governing body, the execution of the contract. After the adoption of the resolution, if the full faith and credit of the municipality is pledged, a notice of the adoption of the resolution shall be published in a newspaper of general circulation in the municipality. The notice shall state all of the following:

That the governing body has adopted a resolution authorizing execution of the contract.

The purpose and the expected cost of the contract to the municipality.

The source of payment for the municipality's contractual obligation.

The right of referendum on the contract.

Other information the governing body determines to be necessary to adequately inform interested electors of the nature of the obligation.

A contract pledging the full faith and credit may be executed and delivered by the municipality upon approval of its governing body without a vote of the electors on the contract, but the contract shall not become effective until the expiration of 45 days after the date of publication of the notice required by subsection (1). If, within the 45-day period, a petition requesting a referendum upon the contract, signed by not less than 5% or 15,000 of the registered electors residing within the limits of the municipality, whichever is less, is filed with the clerk of the municipality, the contract shall not become effective until approved by the vote of a majority of the electors of the municipality qualified to vote and voting at a general or special election.

A special election called for pursuant to subsection (2) shall not be included in statutory or charter limitation as to the number of special elections to be called within a specified period of time. Signatures on the petition shall be verified by an elector under oath as the actual signatures of the electors whose names appear on the petition, and the clerk of the municipality shall have the same power to reject signatures as city clerks under section 25 of the home rule city act, Act No. 279 of the Public Acts of 1909, being section 117.25 of the Michigan Compiled Laws. The number of registered electors in a municipality shall be determined from the municipality's registration books.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 205.244 — MI Code / Chapter 205 / Act Act-188-of-1899 / Section 205.244
Personal representative; distribution without payment of tax or release from lien; personal liability.
Status: in_force

Sec. 44.

If a personal representative makes a distribution either in whole or in part of any of the property subject to the transfer tax under this act to the heirs, next of kin, distributees, legatees, or devisees without having paid or secured the tax due the state under this act or without having obtained the release of the property from the lien of the tax, the personal representative becomes personally liable for the tax, accrued penalties, and interest due the state, or as much of the tax, penalties, and interest that remains due and unpaid, to the full extent of the full value of any property belonging to the person or estate that comes into the personal representative's possession, custody, or control as required by law.

History: Add. 1993, Act 54, Imd. Eff. June 3, 1993
Mich. Comp. Laws § 325.2005 — MI Code / Chapter 325 / Act Act-323-of-1978 / Section 325.2005
Definitions; O, P.
Status: in_force

Sec. 5.

"Office" means the office of health and medical affairs created in section 14.

"Provider of health care" means an individual who represents a health care provider organization concerned with health facilities or licensed health professionals.

History: 1978, Act 323, Imd. Eff. July 10, 1978; Am. 1988, Act 309, Eff. Oct. 1, 1988
Mich. Comp. Laws § 567.256a — MI Code / Chapter 567 / Act Act-29-of-1995 / Section 567.256a
Receipt of unclaimed property account information by locator; value; format; registration of locator; prohibition.
Status: in_force

Sec. 36a.

(1) The administrator may sell or otherwise provide unclaimed property account information to a locator for unclaimed accounts that remain unclaimed for not less than 24 months after the date payment or delivery is made under section 20 if the value of the unclaimed property is $10,000.00 or more. The administrator shall provide the unclaimed property account information in an electronic searchable format. The unclaimed property account information may include all of the following:

(a) The name of the apparent owner.

(b) The last known address of the apparent owner, as reported by the holder.

(c) The relationship code, if any.

(d) The type and amount of property and cash value of the property.

(2) Before the department provides information to a locator under subsection (1), the locator shall register with the department in a form and manner determined by the department and pay a fee to the department of $1,200.00. The fees collected under this subsection shall be used by the department to register and monitor locators under this act. The locator shall renew its registration and pay a fee of $1,200.00 every 4 years. To register, a locator shall provide the department a primary business address and telephone number, and the name, telephone number, and electronic mail address of the individual who will be the primary point of contact with the department. A locator is ineligible for registration if, within the immediately preceding 10 years, the individual, a current officer or owner of an entity, or a current employee of the individual or entity who performs or directs locator services was convicted of a felony involving dishonesty, deceit, fraud, or a breach of fiduciary duty.

(3) A locator who receives unclaimed property account information from the administrator under subsection (1) shall not distribute that information to other locators or any other person, other than the apparent owner, for compensation.

History: Add. 2016, Act 312, Imd. Eff. Oct. 6, 2016
Mich. Comp. Laws § 37.129 — MI Code / Chapter 37 / Act Act-536-of-2008 / Section 37.129
Meetings held pursuant to open meetings act; writings subject to freedom of information act.
Status: in_force

Sec. 9.

(1) A meeting of the commission shall be held pursuant to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(2) A writing prepared, owned, used, in the possession of, or retained by the commission or office in the performance of an official function shall be made available to the public pursuant to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

History: 2008, Act 536, Imd. Eff. Jan. 13, 2009
Mich. Comp. Laws § 500.8124a — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.8124a
Guaranty association or foreign guaranty association; court standing; right to intervene; jurisdiction.
Status: in_force

Sec. 8124a.

Any guaranty association or foreign guaranty association has standing to appear and may intervene as a party as a matter of right or otherwise appear and participate in any court proceeding concerning the rehabilitation or liquidation of an insurer if the association is or may become liable to act as a result of the liquidation. Exercise by any guaranty association or its designated representative of the right to intervene conferred under this subsection does not constitute grounds to establish general personal jurisdiction by the courts of this state. The intervening guaranty association or foreign guaranty association is subject to the court's jurisdiction only for the limited purpose for which it intervenes.

History: Add. 2006, Act 356, Imd. Eff. Sept. 18, 2006
Mich. Comp. Laws § 445.1941 — MI Code / Chapter 445 / Act Act-33-of-2009 / Section 445.1941
Dealer; prohibited conduct; indemnification.
Status: in_force

Sec. 21.

(1) A dealer shall not do any of the following:

(a) Fail to perform predelivery inspection of products, if required, in a competent and timely manner.

(b) If a transient customer requests service work on a recreational vehicle of a line-make that the dealer is authorized to display and sell, fail to perform any warranty service work authorized by a warrantor in a reasonably competent and timely manner without good cause.

(c) Make a fraudulent warranty claim to a warrantor.

(d) Misrepresent the terms of any warranty.

(2) A dealer shall indemnify a warrantor for any money paid or costs incurred by a warrantor in connection with a claim or cause of action asserted against the warrantor, to the extent that payment or those costs are based on the negligence or intentional conduct of the dealer. A dealer may not limit the obligation to indemnify described in this subsection by agreement with the warrantor. The warrantor shall provide a dealer with a copy of any claim or complaint in which an allegation described in this subsection is made within 10 days after receiving that claim or complaint.

History: 2009, Act 33, Eff. Dec. 1, 2009
Mich. Comp. Laws § 17.401 — MI Code / Chapter 17 / Act Act-2-of-1954-Ex-Sess- / Section 17.401
Contracts relating to invention or discovery affecting public health; ownership of invention, discovery, or patent thereon; employment of patent attorneys; exploration; licenses; copyright; liability or obligation of state; expense of litigation.
Status: in_force

Sec. 1.

The state administrative board is authorized and empowered to enter into contracts relating to any invention or discovery of any new and useful process, machine, manufacture, organism, product, or composition of matter, or any new and useful improvement thereof, or any invention or discovery and asexual reproduction of any distinct and new variety of plant, affecting the public health, which invention or discovery or any patent obtained thereon is owned by this state, or in which this state has any property right. The state administrative board is authorized to employ, as occasion demands, patent attorneys on request of the attorney general. The contracts of the state administrative board may provide for the exploration of the character, use, properties, capabilities, or commercial value of such invention or discovery, and may provide for the granting of licenses to make, or have made, use, and sell such invention or discovery, whether patented or not, upon such terms and conditions as seem expedient and proper to the state administrative board. The state administrative board may copyright literary, educational, artistic, or intellectual works in the name of this state and license the production or sale of those works. This state shall not be liable for any act of negligence or breach of contract committed by any contracting party, nor shall any such contract create an obligation on the part of the state for the expenditure of any money, except the expense of litigation in suits involving the protection of the state's property right.

History: 1954, Ex. Sess., Act 2, Imd. Eff. Aug. 20, 1954; Am. 1980, Act 239, Imd. Eff. July 24, 1980
Mich. Comp. Laws § 4.416 — MI Code / Chapter 4 / Act Act-472-of-1978 / Section 4.416
Additional definitions.
Status: in_force

Sec. 6.

"Person" means a business, individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting jointly, including a state agency or a political subdivision of the state.

"Public official" means an official in the executive or legislative branch of state government.

"Nonministerial action" means an action other than an action which a person performs in a prescribed manner under prescribed circumstances in obedience to the mandate of legal authority, without the exercise of personal judgment regarding whether to take the action.

"Local government" means a city, village, township, county, school district, or community college district.

History: 1978, Act 472, Imd. Eff. Oct. 19, 1978