FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 600.8321 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8321
Civil process; service.
Status: in_force

Sec. 8321.

(1) Civil process in the district court shall be served by a sheriff, deputy sheriff or a court officer appointed by the judges of the court for that purpose, except that officers of the department of state police or conservation officers of the department of natural resources may serve civil process in any action to which the state is a party and police officers of an incorporated city or village may serve civil process in any action to which the incorporated city or village is a party.

(2) Under rules of the supreme court, any other person may serve any process or order of the district court that does not require the seizure, attachment, or garnishment of property or the arrest of a person. This section applies notwithstanding section 1908.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968; Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005
Mich. Comp. Laws § 324.5512 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.5512
Rules.
Status: in_force

Sec. 5512.

(1) Subject to section 5514, the department shall promulgate rules for purposes of doing all of the following:

(a) Controlling or prohibiting air pollution.

(b) Complying with the clean air act.

(c) Controlling any mode of transportation that is capable of causing or contributing to air pollution.

(d) Reviewing proposed locations of stationary emission sources.

(e) Reviewing modifications of existing emission sources.

(f) Prohibiting locations or modifications of emission sources that impair the state's ability to meet federal ambient air quality standards.

(g) Establishing suitable emission standards consistent with federal ambient air quality standards and factors including, but not limited to, conditions of the terrain, wind velocities and directions, land usage of the region, and the anticipated characteristics and quantities of potential air pollution sources. This part does not prohibit the department from denying or revoking a permit to operate a source, process, or process equipment that would adversely affect human health or other conditions important to the life of the community.

(h) Implementing sections 5505 and 5506.

(2) Unless otherwise provided in this part, each rule, permit, or administrative order promulgated or issued under this part prior to November 13, 1993 shall remain in effect according to its terms unless the rule or order is inconsistent with this part or is revised, amended, or repealed.

(3) Section 11522 applies to open burning.

History: 1994, Act 451, Eff. Mar. 30, 1995; Am. 2012, Act 102, Imd. Eff. Apr. 19, 2012; Am. 2014, Act 417, Eff. Mar. 31, 2015
Mich. Comp. Laws § 30.407 — MI Code / Chapter 30 / Act Act-390-of-1976 / Section 30.407
Powers and duties of director.
Status: in_force

Sec. 7.

The director shall implement the orders and directives of the governor in the event of a disaster or an emergency and shall coordinate all federal, state, county, and municipal disaster prevention, mitigation, relief, and recovery operations within this state. At the specific direction of the governor, the director shall assume complete command of all disaster relief, mitigation, and recovery forces, except the national guard or state defense force, if it appears that this action is absolutely necessary for an effective effort.

If the governor has issued a proclamation, executive order, or directive under section 3 regarding state of disaster or state of emergency declarations, section 5 regarding actions directed by the governor, or section 21 regarding heightened state of alert, the director may, with the concurrence of the governor, amend the proclamation or directive by adding additional counties or municipalities or terminating the orders and restrictions as considered necessary.

The director shall comply with the applicable provisions of the Michigan emergency management plan in the performance of the director's duties under this act.

The director's powers and duties shall include the administration of state and federal disaster relief funds and money; the mobilization and direction of state disaster relief forces; the assignment of general missions to the national guard or state defense force activated for active state duty to assist the disaster relief operations; the receipt, screening, and investigation of requests for assistance from county and municipal governmental entities; making recommendations to the governor; and other appropriate actions within the general authority of the director.

In carrying out the director's responsibilities under this act, the director may plan for and utilize the assistance of any volunteer group or person having a pertinent service to render.

The director may issue a directive relieving the donor or supplier of voluntary or private assistance from liability for other than gross negligence in the performance of the assistance.

History: 1976, Act 390, Imd. Eff. Dec. 30, 1976; Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990; Am. 2002, Act 132, Eff. May 1, 2002
Mich. Comp. Laws § 324.4110 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.4110
Commencement of civil action by attorney general; jurisdiction; additional relief; violation as misdemeanor; penalty; appearance ticket; enforcement; "minor offense" defined.
Status: in_force

Sec. 4110.

(1) The department may request that the attorney general commence a civil action for appropriate relief, including a permanent or temporary injunction, for a violation of this part or a provision of a permit or order issued under this part or a rule promulgated under this part. An action under this subsection may be brought in the circuit court for the county of Ingham or for the county in which the defendant is located, resides, or is doing business. The court has jurisdiction to restrain the violation and to require compliance.

(2) In addition to any other relief granted under subsection (1), a person who violates this part is subject to the following:

(a) If the person fails to obtain a permit required under this part, the court shall impose a civil fine of not less than $1,500.00 or greater than $2,500.00 for the first violation, not less than $2,500.00 or greater than $10,000.00 for the second violation, and not less than $10,000.00 or greater than $25,000.00 for each subsequent violation.

(b) If the person violates this part or a provision of a permit or order issued under this part or rule promulgated under this part other than by failure to obtain a permit, the court shall impose a civil fine of not less than $500.00 or greater than $2,500.00 for the first violation, not less than $1,000.00 or greater than $5,000.00 for the second violation, and not less than $2,500.00 or greater than $10,000.00 for each subsequent violation. For the purposes of this subdivision, all violations of a specific construction permit are treated as a single violation.

(3) Subject to section 4105(5), a person who violates this part or a written order of the department is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, and payment of the costs of prosecution.

(4) A law enforcement officer may issue and serve an appearance ticket upon a person for a minor offense pursuant to sections 9c to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g.

(5) The attorney general shall enforce this part.

(6) As used in this section, "minor offense" means a violation of a permit issued under this part that does not functionally impair the operation or capacity of a sewerage system.

History: 1994, Act 451, Eff. Mar. 30, 1995; Am. 2006, Act 602, Imd. Eff. Jan. 3, 2007
Mich. Comp. Laws § 390.1439 — MI Code / Chapter 390 / Act Act-316-of-1986 / Section 390.1439
Exemption of contract from uniform securities act; sale or transfer of contract.
Status: in_force

Sec. 19.

An advance tuition payment contract is exempt from the uniform securities act, 1964 PA 265, MCL 451.501 to 451.818, and the uniform securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703. An advance tuition payment contract may not be sold or otherwise transferred by the purchaser or qualified beneficiary without the prior approval of the trust.

History: 1986, Act 316, Imd. Eff. Dec. 23, 1986; Am. 2009, Act 96, Imd. Eff. Sept. 24, 2009
Mich. Comp. Laws § 123.235 — MI Code / Chapter 123 / Act Act-129-of-1943 / Section 123.235
Joint revenue bonds; contracts; revenues.
Status: in_force

Sec. 5.

In event money shall be borrowed and bonds issued jointly under the provisions of section 4 above, said political subdivisions shall enter into a contract, the terms of which shall be set forth in said ordinance, providing for the operation of such system or systems, and the collection, custody and expenditure of the revenues thereof by a joint board consisting of 1 or more representatives of each of such political subdivisions. Said contract shall authorize such joint board to adopt rules and regulations governing the operation of the system or systems, to fix the rates for the service of such system or systems from time to time as may be necessary for the operation thereof and the payment of the bonds, and to collect the same either from such political subdivisions in proportion to the service furnished to each, or directly from the owners or occupants of the property served. If such rates are charged to the political subdivisions, they shall raise the money necessary to pay the same by charging and collecting rates for such service from the owners or occupants of the property served. Except as herein otherwise provided, such jointly owned systems, the revenues therefrom and the bonds issued therefor shall be subject to all the requirements and provisions of Act No. 94 of the Public Acts of 1933, as now or hereafter amended.

History: Add. 1945, Act 137, Imd. Eff. May 4, 1945; CL 1948, 123.235
Mich. Comp. Laws § 168.654a — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.654a
Election precinct; composition; "clearly observable boundaries" defined.
Status: in_force

Sec. 654a.

(1) An election precinct under this act must be composed as nearly as practicable of compact and contiguous territory and must have clearly defined and clearly observable boundaries.

(2) As used in this section, "clearly observable boundaries" includes 1 or more of the following:

(a) A named road or street.

(b) A road or highway that is part of the federal, state primary, or state secondary road system.

(c) A river, stream, or drainage feature that is 40 feet or more in width.

(d) A natural or constructed permanent physical feature that is shown on an official county, city, or township map issued by the department of transportation or a United States Geological Survey topographical map.

(e) An apartment building, a dormitory, or other permanent multiple-unit housing structure.

(f) Any line or demarcation that meets the requirements of and is recognized by the United States Census Bureau.

History: Add. 1994, Act 401, Imd. Eff. Dec. 29, 1994; Am. 2018, Act 120, Eff. Dec. 31, 2018
Mich. Comp. Laws § 554.523 — MI Code / Chapter 554 / Act Act-433-of-1998 / Section 554.523
Definitions; A to C.
Status: in_force

Sec. 3.

"Adult" means an individual who is 18 years of age or older.

"Benefit plan" means an employer's plan for the benefit of an employee or partner.

"Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodity contracts for the person's own account or for the account of others.

"Conservator" means a person appointed or qualified by a court to act as a conservator, special conservator, guardian, limited guardian, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.

"Court" means the probate court for the county in which a minor resides.

"Custodial property" means an interest in property transferred to a custodian under this act and the income from, and proceeds of, that interest in property.

"Custodian" means a person so designated pursuant to section 13 or a successor or substitute custodian designated under section 7, 23, or 24.

History: 1998, Act 433, Imd. Eff. Dec. 30, 1998
Mich. Comp. Laws § 257.1821 — MI Code / Chapter 257 / Act Act-187-of-1990 / Section 257.1821
Windshield wipers and washers, washer reservoir, and windshield.
Status: in_force

Sec. 21.

A school bus shall be equipped with windshield wipers, washers, a washer reservoir, and a windshield that meets the requirements of 49 CFR 571.103 and 571.104.

History: 1990, Act 187, Eff. Aug. 15, 1990; Am. 2006, Act 107, Eff. Aug. 15, 2006
Mich. Comp. Laws § 408.1014b — MI Code / Chapter 408 / Act Act-154-of-1974 / Section 408.1014b
Disclosure of specific chemical identity, percentage composition, or both.
Status: in_force

Sec. 14b.

In nonemergency situations, a chemical manufacturer, importer, or employer claiming a trade secret, upon request, shall disclose a specific chemical identity, percentage composition, or both, otherwise permitted to be withheld under the standard incorporated by reference in section 14a, in addition to a health professional as specified in 29 CFR 1910.1200(i)(3), to an occupational health nurse providing medical or other occupational health services to exposed employees, to an authorized employee representative of an exposed employee, and to an exposed employee, if the occupational health nurse, the representative, and the employee comply with the requirements described in 29 CFR 1910.1200(i)(3) and (4).

History: Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986; Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
Mich. Comp. Laws § 750.73 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.73
Second degree arson.
Status: in_force

Sec. 73.

(1) Except as provided in section 72, a person who willfully or maliciously burns, damages, or destroys by fire or explosive a dwelling, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion, or its contents, is guilty of second degree arson.

(2) Subsection (1) applies regardless of whether the person owns the dwelling or its contents.

(3) Second degree arson is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, 750.73; Am. 2012, Act 531, Eff. Apr. 3, 2013
Mich. Comp. Laws § 123.675 — MI Code / Chapter 123 / Act Act-185-of-1956 / Section 123.675
Market authority; limitations on operations.
Status: in_force

Sec. 5.

The following limitations shall govern the operations of the authority and its board of directors:

The authority shall be subject to all the zoning, building, fire, sanitary, health and other police ordinances and regulations of the state and political subdivisions in which it is established.

The authority shall have no power to discriminate against the sale on the market of any farm or food products, or against any producer of such products on account of county, state or political subdivisions in which any such products are produced, or on account of the legal status of the producer or other person engaged in the marketing of any such products, or on account of the conditions of employment or the nature of the labor employed in the production or marketing of such products or on account of the method of transportation; but the authority shall take every reasonable precaution to prevent any such discrimination.

The authority shall have no power to acquire, construct, maintain, or operate a market which is not operated primarily for the purpose of handling farm and food products at wholesale.

No member of the board of directors shall be interested directly or indirectly in any transaction with the authority except in connection with his normal business operations in the market.

No authority shall itself engage directly or indirectly in the purchase or sale of farm or food products, or engage in any business other than that of managing the market.

History: 1956, Act 185, Imd. Eff. Apr. 24, 1956
Mich. Comp. Laws § 400.58c — MI Code / Chapter 400 / Act Act-280-of-1939 / Section 400.58c
County medical care facility; patients with contagious disease, isolation.
Status: in_force

Sec. 58c.

Notwithstanding any other provision of this act, patients suffering from contagious diseases may be admitted to any county medical care facility where the facility is constructed or operated with the approval of the state department of social welfare and is able to provide an isolated area for such care approved by the state health commissioner.

History: Add. 1961, Act 176, Eff. Sept. 8, 1961
Mich. Comp. Laws § 600.8344 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8344
Register of actions as replacement for destroyed paper upon which judgment entered; applicability of section.
Status: in_force

Sec. 8344.

The validity and enforceability of a judgment are not affected by the destruction of the piece of paper upon which the judgment is entered, but the register of actions itself, or a certified reproduction of the register of actions under the records reproduction act, 1992 PA 116, MCL 24.401 to 24.406, is a complete replacement of the judgment and the records of the action. This section applies to all of the following:

(a) Judgments of municipal and common pleas courts abolished after January 1, 1969, if the judgment was entered or the action disposed of after January 1, 1969.

(b) Actions entered in the small claims division of the district court, except that a register of actions is not required to be preserved or maintained after destruction of the file.

History: Add. 1976, Act 371, Imd. Eff. Dec. 23, 1976; Am. 1984, Act 43, Imd. Eff. Mar. 26, 1984; Am. 1992, Act 192, Imd. Eff. Oct. 5, 1992; Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005; Am. 2013, Act 199, Imd. Eff. Dec. 18, 2013
Mich. Comp. Laws § 600.1138 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.1138
Salary; eighteenth circuit.
Status: in_force

Sec. 1138.

In the eighteenth circuit, each stenographer shall be paid an annual salary of $12,000.00.

History: 1961, Act 236, Eff. Jan. 1, 1963; Am. 1966, Act 304, Eff. Jan. 1, 1967; Am. 1975, Act 129, Imd. Eff. July 1, 1975
Mich. Comp. Laws § 28.683 — MI Code / Chapter 28 / Act Act-435-of-2018 / Section 28.683
Office of school safety; duties; training; federal funding; grant program.
Status: in_force

Sec. 3.

(1) The office of school safety shall do all of the following:

(a) In conjunction with the department of education, create model practices for school safety, including, but not limited to, engaging with local law enforcement agencies to assess school buildings for which emergency operation plans are being developed.

(b) Develop and offer training to school staff on school safety. The office of school safety may contract with another party to develop and offer the training required under this subdivision.

(c) In conjunction with the department of education, seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including, but not limited to, federal funding for alternative schools or programs described in section 1280a of the revised school code, 1976 PA 451, MCL 380.1280a.

(d) Create and administer a grant program to disburse competitive school safety grants as appropriated by the legislature to public schools, nonpublic schools, school districts, and intermediate school districts to improve the safety and security of school buildings, students, and staff.

(2) Subject to appropriation, the department of state police shall provide the office of school safety with the staff and resources necessary for the office to comply with this act.

History: 2018, Act 435, Eff. Mar. 21, 2019
Mich. Comp. Laws § 333.21751 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.21751
Emergency petition to place nursing home under control of receiver; appointment of receiver; use of income and assets; major structural alteration; consultation; termination of receivership; accounting; disposition of surplus funds.
Status: in_force

Sec. 21751.

When the department has concluded a proceeding under sections 71 to 106 of the administrative procedures act of 1969, as amended, being sections 24.271 to 24.306 of the Michigan Compiled Laws, or when the department has suspended or revoked the license of a nursing home, the department, a patient in the facility, or a patient's representative may file an emergency petition with the circuit court to place the nursing home under the control of a receiver if necessary to protect the health or safety of patients in the nursing home. The court may grant the petition upon a finding that the health or safety of the patients in the nursing home would be seriously threatened if a condition existing at the time the petition was filed is permitted to continue.

The court shall appoint as receiver the director of the department of social services, the director of the department of public health, or another state agency or person designated by the director of public health. The receiver appointed by the court shall use the income and assets of the nursing home to maintain and operate the home and to attempt to correct the conditions which constitute a threat to the patients. A major structural alteration shall not be made to the nursing home, unless the alteration is necessary to bring the nursing home into compliance with licensing requirements.

To assist in the implementation of the mandate of the court, the receiver may request and receive reasonable consultation from the available personnel of the department.

The receivership shall be terminated when the receiver and the court certify that the conditions which prompted the appointment have been corrected, when the license is restored, when a new license is issued, or, in the case of a discontinuance of operation, when the patients are safely placed in other facilities, whichever occurs first.

Upon the termination of the receivership, the receiver shall render a complete accounting to the court and shall dispose of surplus funds as the court directs.

History: Add. 1978, Act 493, Eff. Mar. 30, 1979
Mich. Comp. Laws § 32.523 — MI Code / Chapter 32 / Act Act-150-of-1967 / Section 32.523
Line of duty; construction, presumptions.
Status: in_force

Sec. 123.

In construing the term "line of duty" the recorded opinions of the judge advocate general of the United States armed forces in like cases or circumstances or involving like principles, insofar as not contrary to this act, shall govern and be applied to line of duty cases arising under this act. Actions of members of the state military establishment while on duty are presumed to be in line of duty unless clearly shown to have been otherwise, under the provisions of this act.

History: 1967, Act 150, Imd. Eff. June 30, 1967
Mich. Comp. Laws § 333.26371 — MI Code / Chapter 333 / Act Act-255-of-2006 / Section 333.26371
Definitions.
Status: in_force

Sec. 1.

As used in this act:

(a) "Methamphetamine" means that substance as described in section 7214(c)( ii ) of the public health code, 1978 PA 368, MCL 333.7214.

(b) "Methamphetamine laboratory" means the site where the illegal manufacture of methamphetamine has taken place, and includes all equipment and supplies used at that site for that purpose.

History: 2006, Act 255, Eff. Jan. 1, 2007