FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 440.2808 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2808
Unconscionable contract, clause, or conduct.
Status: in_force

Sec. 2A108.

If a court, as a matter of law, finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

With respect to a consumer lease, if a court, as a matter of law, finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.

Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.

In an action in which the lessee claims unconscionability with respect to a consumer lease, all of the following apply:

If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee.

If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.

In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling.

History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Mich. Comp. Laws § 257.961 — MI Code / Chapter 257 / Act Act-175-of-1958 / Section 257.961
School property; municipal regulation of operation, parking and speed of vehicles.
Status: in_force

Sec. 1.

Every municipal legislative authority wherein the properties of any board of education, school district or community college district is situated shall have the authority to adopt ordinances governing the operation, parking without fees and the speed of motor vehicles upon the property of such board of education, school district or community college district, for the purpose of enforcement and the imposing of penalties for the violation thereof in the same manner as other ordinances of the municipal legislative authority are enforced. No municipal legislative authority shall adopt such ordinances without first receiving a resolution from the board of education, school district or board of trustees of the community college district over whose property the ordinances shall apply requesting the adoption of such ordinances.

History: 1958, Act 175, Imd. Eff. Apr. 18, 1958; Am. 1967, Act 47, Eff. Nov. 2, 1967
Mich. Comp. Laws § 16.150 — MI Code / Chapter 16 / Act Act-380-of-1965 / Section 16.150
Department of attorney general; creation.
Status: in_force

Sec. 50.

There is hereby created a department of the attorney general.

History: 1965, Act 380, Imd. Eff. July 23, 1965
Mich. Comp. Laws § 125.3607 — MI Code / Chapter 125 / Act Act-110-of-2006 / Section 125.3607
Party aggrieved by order, determination, or decision; circuit court review; proper party.
Status: in_force

Sec. 607.

(1) Any party aggrieved by any order, determination, or decision of any officer, agency, board, commission, zoning board of appeals, or legislative body of any local unit of government made under section 208 may obtain a review in the circuit court for the county in which the property is located. The review shall be in accordance with section 606.

(2) Any person required to be given notice under section 604(4) of the appeal of any order, determination, or decision made under section 208 shall be a proper party to any action for review under this section.

History: 2006, Act 110, Eff. July 1, 2006
Mich. Comp. Laws § 67.42 — MI Code / Chapter 61 / Act Act-3-of-1895 / Section 67.42
Regulations; adoption, enforcement.
Status: in_force

Sec. 42.

The council may adopt and enforce such regulations as may be necessary to prevent fraud and to preserve order in the markets; and may authorize the immediate arrest, and removal from the market, of any person violating such regulations, together with any article in his possession; and may authorize the seizure and destruction of tainted or unsound meats, or other provisions exposed for sale therein, or elsewhere in the village.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895; CL 1897, 2810; CL 1915, 2681; CL 1929, 1590; CL 1948, 67.42
Mich. Comp. Laws § Article IV § 10 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article IV § 10
Legislators and state officers, government contracts, conflict of interest; annual financial disclosure report.
Status: in_force

Sec. 10.

(1) No member of the legislature nor any state officer shall be interested directly or indirectly in any contract with the state or any political subdivision thereof which shall cause a substantial conflict of interest.

(2) By April 15, 2024, and by a date each year thereafter as prescribed by state law, each member of the legislature, the governor, the lieutenant governor, the secretary of state, and the attorney general shall electronically file an annual financial disclosure report with the department of state that complies with this section. A report required to be filed under this section must include information regarding all of the following:

(a) Description of assets and sources of unearned income.

(b) Sources of earned income.

(c) Description of liabilities.

(d) Positions currently held as an officer, director, trustee, partner, proprietor, representative, employee, or consultant of any organization, corporation, firm, partnership, or other business enterprise, nonprofit organization, labor organization, or educational or other institution other than the state of Michigan. The positions required to be disclosed under this subdivision do not include positions held in any religious, social, fraternal, or political entity, or positions that are solely of an honorary nature.

(e) Agreements or arrangements with respect to future employment, a leave of absence while serving as a legislator or state officer, continuation or deferral of payments by a former or current employer other than the state of Michigan, or continuing participation in an employee welfare or benefit plan maintained by a former employer.

(f) Gifts received and required to be reported by a lobbyist or lobbyist agent, as prescribed by state law.

(g) Travel payments and reimbursements received and required to be reported by a lobbyist or lobbyist agent, as prescribed by state law.

(h) Payments made by a lobbyist or lobbyist agent to a charity in lieu of honoraria.

(3) The financial disclosure report required under subsection (2) must be filed with the department of state in a form and manner prescribed by state law. The department of state shall make the report available to the public online.

(4) The legislature shall further implement this section by appropriate legislation. Legislation implementing this section must not limit or restrict the application of subsections (2) and (3).

(5) If legislation implementing this section is not enacted by December 31, 2023, a resident of this state may initiate a legal action against the legislature and the governor in the Michigan supreme court to enforce the requirements of this section.

History: Const. 1963, Art. IV, § 10, Eff. Jan. 1, 1964; Am. H.J.R. R, approved Nov. 8, 2022, Eff. Dec. 24, 2022
Mich. Comp. Laws § 324.43103 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.43103
Prohibited acts; trespass on premises; killing, trapping, injuring or disturbing fur-bearing animal; consent.
Status: in_force

Sec. 43103.

Without the permission of the owner of a privately owned fur-bearing animal described in this part, a person shall not enter the enclosure within which the privately owned fur-bearing animal is kept, or trespass on private ground adjoining such an enclosure and knowingly annoy or disturb the animals. A person shall not knowingly and willfully kill, trap, or injure any fur-bearing animal owned by another person without the consent of the owner. However, a duly authorized peace or conservation officer may enter upon such premises in the performance of his or her regular duties.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 257.237 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.237
Transfer of registration; issuance of new registration certificate and certificate of title; filing surrendered certificate of title; retention of records.
Status: in_force

Sec. 237.

The secretary of state, upon receipt of a properly endorsed certificate of title and application for transfer of registration accompanied by the required fee, shall transfer the registration thereof under its registration number to the newly acquired vehicle and shall issue a new registration certificate and certificate of title as upon an original registration.

The secretary of state shall retain and appropriately file every surrendered certificate of title, the file to be so maintained as to permit the tracing of title of the vehicles designated in the file for a period of 6 years, except that records of stolen vehicles reported in section 253 may be destroyed after being maintained on file for the year of entry plus 4 years.

The secretary of state shall retain the records for 2 years after the date of notification that a vehicle has been processed for scrap.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 1978, Act 507, Eff. July 1, 1979; Am. 1980, Act 460, Imd. Eff. Jan. 15, 1981
Mich. Comp. Laws § 247.322 — MI Code / Chapter 247 / Act Act-200-of-1969 / Section 247.322
Permit; requirement, local ordinances.
Status: in_force

Sec. 2.

No driveway, banner or parade is lawful except pursuant to a permit issued in accordance with this act unless otherwise provided. Nothing in this act shall be construed to prevent the application of the provisions of any other statute of this state or any local ordinance which is more restrictive than this act nor to preclude any city or village from requiring city or village permits with respect to any street or highway within its corporate limits. No permit shall be issued pursuant to this act unless there is compliance with other provisions of law or ordinances.

History: 1969, Act 200, Imd. Eff. Aug. 6, 1969
Mich. Comp. Laws § 288.682 — MI Code / Chapter 288 / Act Act-267-of-2001 / Section 288.682
Breach of obligation; proof of claim or evidence of default; order requiring filing of claims by creditors; publication of notice; notice of allowance or disallowance; action by attorney general; distribution; other liens, security, or priority.
Status: in_force

Sec. 122.

A person injured by the breach of an obligation secured by a security device described in section 117, 118, or 119, including a producer and a person representing a commodity check-off program, may file with the department a verified proof of claim or other evidence of default. Upon receipt of a verified proof of claim or other evidence of default, the department may issue an order requiring each interested creditor, as may be known to the department, to file a verified proof of claim before a certain date or be barred from participating in any recovery made by the department.

The department shall provide notice of the entry of an order issued under subsection (1) by posting a copy of the order on the premises described in the license and by publication in accordance with the Michigan court rules that govern service of process by publication. Publication shall be completed at least 30 days before the final date for the filing of claims.

The department shall make the necessary audit and issue an order allowing or disallowing each claim presented. Within 30 days of that order, the department shall send to the principal and surety, by certified mail, notice of allowance or disallowance and request for the payment. The department shall demand and may collect and receive from the licensee, or from the surety or sureties of the licensee the amount determined to be necessary to satisfy the claims with interest at the judgment rate computed from the date of loss. The department may request that the department of attorney general commence an action for that purpose in a court of competent jurisdiction. If the attorney general prevails in whole or in part, the court shall award interest from the date of loss at the judgment rate. Upon receipt of money paid in partial or complete satisfaction of a claim as provided in this section, the department shall distribute to the claimant in accordance with the order allowing the claim, in full or proportionally.

This section does not affect or impair any other lien, security, or priority for the claim or judgment.

History: 2001, Act 267, Eff. Feb. 8, 2002
Mich. Comp. Laws § 51.85 — MI Code / Chapter 51 / Act R-S-of-1846 / Section 51.85
Service of papers on sheriff at county clerk's office.
Status: in_force

Sec. 85.

If no notice shall be filed by any sheriff with the county clerk as herein required, the service of all papers on such sheriff may be made by leaving them at the office of the county clerk; with such clerk or his deputy; and the same shall be deemed equivalent to a personal service on such sheriff.

History: R.S. 1846, Ch. 14; CL 1857, 426; CL 1871, 567; How. 595; CL 1897, 2594; CL 1915, 2454; CL 1929, 1336; CL 1948, 51.85
Mich. Comp. Laws § 331.209 — MI Code / Chapter 331 / Act Act-109-of-1945 / Section 331.209
Gifts, devises, bequests and donations.
Status: in_force

Sec. 9.

Any person or persons, firm, organization, corporation or society may make donations of money, personal property or real estate for the benefit of such hospital, and shall have the right to vest title of the property so donated in the county. Such gifts, when accepted, shall be used in accordance with the terms of the deed, gift, devise or bequest of such property, if any; otherwise, the same shall be used in such manner as the board of supervisors shall direct for the benefit of said hospital or institution.

History: 1945, Act 109, Imd. Eff. Apr. 19, 1945; CL 1948, 331.209
Mich. Comp. Laws § 38.1402 — MI Code / Chapter 38 / Act Act-300-of-1980 / Section 38.1402
Percentage increase to monthly retirement allowance payable after June 30, 1972; continuation.
Status: in_force

Sec. 102.

The percentage increase to the monthly retirement allowance payable after June 30, 1972, to a retirant or retirement allowance beneficiary, who was on the rolls for June, 1971, under section 174(1) of former Act No. 258 of the Public Acts of 1972, is continued as follows:

Effective Date of Retirement Increase August 1, 1970, to July 1, 1971 1% August 1, 1969, to July 1, 1970 2% August 1, 1968, to July 1, 1969 3% August 1, 1967, to July 1, 1968 4% August 1, 1966, to July 1, 1967 5% August 1, 1965, to July 1, 1966 6% August 1, 1964, to July 1, 1965 7% August 1, 1963, to July 1, 1964 8% August 1, 1962, to July 1, 1963 9% August 1, 1961, to July 1, 1962 10% August 1, 1960, to July 1, 1961 11% August 1, 1959, to July 1, 1960 12% August 1, 1958, to July 1, 1959 13% August 1, 1957, to July 1, 1958 14% July 1, 1956, to July 1, 1957 15%

Effective Date of Retirement

Increase

August 1, 1970, to July 1, 1971

1%

August 1, 1969, to July 1, 1970

2%

August 1, 1968, to July 1, 1969

3%

August 1, 1967, to July 1, 1968

4%

August 1, 1966, to July 1, 1967

5%

August 1, 1965, to July 1, 1966

6%

August 1, 1964, to July 1, 1965

7%

August 1, 1963, to July 1, 1964

8%

August 1, 1962, to July 1, 1963

9%

August 1, 1961, to July 1, 1962

10%

August 1, 1960, to July 1, 1961

11%

August 1, 1959, to July 1, 1960

12%

August 1, 1958, to July 1, 1959

13%

August 1, 1957, to July 1, 1958

14%

July 1, 1956, to July 1, 1957

15%

History: 1980, Act 300, Imd. Eff. Oct. 31, 1980
Mich. Comp. Laws § 500.5200 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.5200
Applicability of chapter.
Status: in_force

Sec. 5200.

This chapter applies only to domestic stock, mutual, and cooperative plan insurers, including limited liability pools; except, that sections 5242 and 5252 apply also to foreign insurers, and section 5222 applies also to fraternal benefit societies.

For additional provisions applicable only to:

Mutual life and disability insurers, see chapter 54.

General mutuals, see chapter 58.

Cooperative or assessment plan life, disability, and loss of position insurers, see chapter 64.

Limited liability pools, see chapter 65.

Stock life, disability, and loss of position as railway employee insurers, see chapter 66.

History: 1956, Act 218, Eff. Jan. 1, 1957; Am. 1966, Act 140, Eff. Mar. 10, 1967; Am. 1986, Act 173, Imd. Eff. July 7, 1986
Mich. Comp. Laws § 400.276 — MI Code / Chapter 400 / Act Act-169-of-1975 / Section 400.276
Notice of change in information; report.
Status: in_force

Sec. 6.

A charitable organization shall notify the attorney general within 30 days of any change in the information required to be furnished under section 3. A report shall be filed and signed by the president or other authorized officer and the chief fiscal officer of the organization.

History: 1975, Act 169, Imd. Eff. July 20, 1975
Mich. Comp. Laws § 552.624b — MI Code / Chapter 552 / Act Act-295-of-1982 / Section 552.624b
Notification to child support lien network and additional clearinghouses of payer with support arrearage.
Status: in_force

Sec. 24b.

The title IV-D agency shall notify the child support lien network, and may notify 1 or more additional national child support information clearinghouses, of each payer who has a support arrearage in an amount that exceeds 2 times the monthly amount of periodic support payments payable under the payer's support order.

History: Add. 2004, Act 483, Eff. Oct. 1, 2005
Mich. Comp. Laws § 436.2201 — MI Code / Chapter 436 / Act Act-58-of-1998 / Section 436.2201
Imposition of tax; levy; collection; computations; deposit of proceeds; secondary road patrol and training fund; general fund; inventory.
Status: in_force

Sec. 1201.

(1) In addition to any taxes imposed by law, there is imposed and levied upon and collected a specific tax equal to 4% of the retail selling price of spirits. The commission shall collect the tax at the time of sale by the commission. For a sale to a licensee, the tax must be computed on the retail selling price established by the commission under section 233 without allowance of discount under section 233.

(2) Upon collection of the tax under subsection (1), the commission shall deposit the entire proceeds in the state treasury. In each fiscal year, $15,000,000.00 of the proceeds deposited in the state treasury must be allocated to the secondary road patrol and training fund created in section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, and any remaining proceeds to the credit of the general fund. For the fiscal year ending September 30, 2024, and each subsequent fiscal year, the state treasurer shall adjust the dollar amount under this subsection by the percentage increase in the Detroit Consumer Price Index for the preceding calendar year and round to the nearest $100.00 increment. As used in this subsection, "Detroit Consumer Price Index" means the most comprehensive index of consumer prices available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

(3) If this section is repealed, every licensee, who has on hand any spirits on the effective date of the repeal, shall file a complete inventory of those spirits with the commission within 20 days after the repeal. The commission shall credit to the licensee an amount equal to 4% of the retail selling price of those spirits on future purchases of spirits from the commission.

History: 1998, Act 58, Imd. Eff. Apr. 14, 1998; Am. 2022, Act 190, Imd. Eff. Sept. 27, 2022
Mich. Comp. Laws § 462.241 — MI Code / Chapter 462 / Act Act-354-of-1993 / Section 462.241
Acquisition of property in manner prescribed by MCL 213.51 to 213.77; exception.
Status: in_force

Sec. 241.

If a railroad, bridge, or tunnel company, including a non-Michigan railroad company authorized to own and operate a railroad in this state, is unable to agree for the purchase of any real or personal property or franchises required for the purpose of its incorporation, including, but not limited to, yards, terminals, depots, and freight service facilities, it may acquire title to the property in the manner and by the proceedings prescribed in the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws. However, a railroad, bridge, or tunnel company shall not, except for crossing, take the track or right-of-way of any other railroad company.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Mich. Comp. Laws § 45.509 — MI Code / Chapter 45 / Act Act-293-of-1966 / Section 45.509
Charter commission members; oath of office; first meeting, notice; presiding officer.
Status: in_force

Sec. 9.

The members of the charter commission shall file their oath of office with the county clerk prior to the first meeting of the charter commission. The clerk shall give notice, by certified mail, to each member of the commission as to the time and place of the first meeting of the commission, which time shall be not less than 10 days nor more than 20 days after certification of election. The county clerk shall be the acting presiding officer for the commission and shall serve until a permanent presiding officer shall have been chosen from among the members of the commission.

History: 1966, Act 293, Eff. Mar. 10, 1967
Mich. Comp. Laws § 41.276 — MI Code / Chapter 41 / Act Act-246-of-1931 / Section 41.276
Pavements or sidewalks; liability of petitioners.
Status: in_force

Sec. 6.

The petitioners for the construction of any improvement under the provisions of this act shall be jointly and severally liable for the costs and expense of proceedings had, but not for any portion of the construction of the improvement, in case the proceedings therefor shall be dismissed for any cause where the county road commissioners have incurred expense because of such petition.

History: 1931, Act 246, Eff. Sept. 18, 1931; Am. 1945, Act 141, Eff. Sept. 6, 1945; CL 1948, 41.276
Mich. Comp. Laws § 168.409i — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.409i
Appeals court judges; resignation, notice.
Status: in_force

Sec. 409i.

Any person duly elected to the office of judge of the court of appeals who desires to resign shall file a written notice containing the effective date of such resignation with the court administrator and a copy with the governor and the secretary of state.

History: Add. 1963, 2nd Ex. Sess., Act 60, Imd. Eff. Dec. 27, 1963