FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 450.794 — MI Code / Chapter 450 / Act Act-112-of-1988 / Section 450.794
Designation of certifying agency by governor; acceptable documentation; verification; application form; affidavit and documentation; proof required.
Status: in_force

Sec. 4.

The governor shall designate a department responsible for certifying that a person meets the requirements of this act.

Unless subsection (3) applies, in determining whether a person seeking certification is a person with disabilities, the certifying agency may accept documentation from 1 or more of the following:

The Michigan commission for the blind, Michigan rehabilitation services, or the social security administration SSI or SSDI programs. The documents shall show that the current disability was the basis for eligibility in the program within the last 5 years.

The veterans administration. The documents shall show that the person has a 30% or greater disability rating.

A licensed physician or psychiatrist, who shall certify that the person has a significant disability.

The certifying department may require any person seeking certification to obtain verification pursuant to subsection (2)(c) to insure that the applicant currently meets the definition of a person with disabilities.

An applicant seeking certification as a business owned by a person with disabilities shall complete an application form developed by the certifying department and submit to the certifying department an affidavit and documentation that the applicant is a business owned by a person with disabilities and is prepared to bid on state contracts. Proof of ownership interest, control, operational involvement, and profit and loss shall be specifically identified and provided with the affidavit.

History: 1988, Act 112, Eff. Mar. 30, 1989; Am. 1998, Act 73, Imd. Eff. May 4, 1998
Mich. Comp. Laws § 436.1601 — MI Code / Chapter 436 / Act Act-58-of-1998 / Section 436.1601
Importation, sale, transportation, and delivery of beer, wine, mixed spirit drink, and mixed wine drink for sale by wholesaler; requirements; commission authority to inspect and seize or destroy.
Status: in_force

Sec. 601.

(1) Pursuant to section 2 of Amendment XXI of the Constitution of the United States, this state has an interest in ensuring the safety of beer, wine, mixed spirit drink, and mixed wine drink that is intended to be sold or is sold by wholesalers to retailers for purposes of human consumption. In order to protect the public health and safety, the commission must be able to inspect and seize beer, wine, mixed spirit drink, and mixed wine drink that is in the possession of a wholesaler being offered for sale in this state. The purpose of the inspection described in this subsection is to ensure that the beer, wine, mixed spirit drink, or mixed wine drink meets all of the following conditions:

(a) The beer, wine, mixed spirit drink, or mixed wine drink has been registered for sale with the commission.

(b) The beer, wine, mixed spirit drink, or mixed wine drink is not subject to a government mandated or supplier initiated recall.

(c) The beer, wine, mixed spirit drink, or mixed wine drink is not counterfeit.

(d) The beer, wine, mixed spirit drink, or mixed wine drink is labeled in conformance with applicable laws, rules, and regulations.

(e) The beer, wine, mixed spirit drink, or mixed wine drink can be tested by the commission or an agent assigned by the commission.

(f) The beer, wine, mixed spirit drink, or mixed wine drink is not prohibited by this state.

(2) The commission may seize or destroy beer, wine, mixed spirit drink, and mixed wine drink that does not meet the conditions of subsection (1).

(3) To enable the commission to carry out the functions described in subsections (1) and (2) and to randomly inspect records required to be maintained by a wholesaler under section 217 and R 436.1641 of the Michigan Administrative Code, a wholesaler or an applicant for a wholesaler license must have a warehouse located in this state and licensed by the commission for the storage, sale, and distribution of beer, wine, mixed spirit drink, and mixed wine drink before operating as a wholesaler in this state. This subsection does not require a wholesaler to hold a warehouser license for the wholesaler's licensed premises.

(4) To ensure that all beer, wine, mixed spirit drink, and mixed wine drink sold in this state is subject to this section, the importation, sale, transportation, and delivery of all beer, wine, mixed spirit drink, and mixed wine drink offered for sale by a wholesaler must meet the requirements of section 204.

History: 1998, Act 58, Imd. Eff. Apr. 14, 1998; Am. 2019, Act 125, Imd. Eff. Nov. 21, 2019
Mich. Comp. Laws § 257.2115 — MI Code / Chapter 257 / Act Act-345-of-2016 / Section 257.2115
Imposition of tax, fee, or license by local unit of government; validity of existing article of incorporation; applicability of subsection.
Status: in_force

Sec. 15.

(1) A local unit of government shall not impose a tax or fee upon or require a license for a limousine carrier, taxicab carrier, or transportation network company, a limousine driver, taxicab driver, or transportation network company driver, or a limousine, taxicab, or personal vehicle, if the tax, fee, or license is related to the provision of limousine or taxicab service or transportation network company prearranged rides. Except as otherwise provided in this section, a local unit of government shall not enact or enforce an ordinance regulating a limousine carrier, taxicab carrier, limousine driver, taxicab driver, or transportation network company. A local unit of government may issue a civil infraction to a limousine, taxicab, or transportation network company driver for a violation of section 11, 23(8), 41, or 45.

(2) Notwithstanding any other provision of this act, an article of incorporation in existence upon passage of this act covering a transportation network company, limousine carrier, or taxicab carrier by an authority created to regulate limousines, taxicabs, or transportation network companies under the municipal partnership act, 2011 PA 258, MCL 124.111 to 124.123, or the public transportation authority act, 1986 PA 196, MCL 124.451 to 124.479, shall remain valid. This subsection does not apply after 4 years after the effective date of this act.

History: 2016, Act 345, Eff. Mar. 21, 2017
Mich. Comp. Laws § 330.1313 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1313
Rental payments for property to be used as residential setting for specialized community residential care.
Status: in_force

Sec. 313.

The department shall establish a procedure to assure that rental payments for all property which is to be used as a residential setting for specialized community residential care, be based upon an independent appraisal of fair market rental value. In cases where the department or a community mental health board desires to enter into a lease or rental arrangement for a community residential facility at a rate above the independently appraised fair market rental value, an approval process involving the department of management and budget shall determine the contracted rental payment amount.

History: Add. 1980, Act 423, Eff. Mar. 31, 1981
Mich. Comp. Laws § 125.2464 — MI Code / Chapter 125 / Act Act-173-of-1992 / Section 125.2464
Authority board; election of chairperson, treasurer, secretary, and other officers; duties; compensation; expenses; personal liability.
Status: in_force

Sec. 14.

The authority board shall elect from among its members a chairperson, a treasurer, a secretary, and other officers that it considers necessary or convenient for carrying out the purposes of this act. The treasurer shall receive and invest funds of the authority and pay over and account for the funds. The treasurer shall also keep the financial records of the authority and, together with the director, if a director is appointed under section 15, shall approve all vouchers for the expenditure of funds of the authority. The treasurer shall perform other duties delegated by the authority board. The secretary shall maintain custody of the official seal and of records, books, documents, or other papers not required to be maintained by the treasurer. The secretary shall attend meetings of the authority board, keep a record of its proceedings, and perform other duties delegated by the authority board.

A member of the authority board shall not receive compensation for services rendered to the authority in any capacity, but is entitled to reimbursement or payment of expenses, including traveling expenses, necessarily incurred in the discharge of duties performed as a member of the board.

A member of the authority board is not subject to personal liability for, or because of the issuance of, bonds or notes of the authority. The authority board may provide for the purchase of insurance indemnifying the members of the authority board from personal liability for the acts or omissions of the board.

History: 1992, Act 173, Imd. Eff. July 21, 1992
Mich. Comp. Laws § 600.6085 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.6085
Removal or concealment of property to avoid execution; misdemeanor.
Status: in_force

Sec. 6085.

Any person who removes any of his property out of any county, with intent to prevent the same from being levied upon by an execution or who secretes, assigns, conveys, or otherwise disposes of any of his property, with intent to defraud any creditor, or to prevent such property from being made liable for the payment of his debts and any person who receives such property with such intent, shall, on conviction thereof, be deemed guilty of a misdemeanor.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 432.515 — MI Code / Chapter 432 / Act Act-157-of-2019 / Section 432.515
Application of Michigan penal code.
Status: in_force

Sec. 15.

A fantasy contest conducted under this act does not violate the Michigan penal code, 1931 PA 328, MCL 750.1 to 750.568. This act does not create an exemption to a violation of chapter XLIV of the Michigan penal code, 1931 PA 328, MCL 750.301 to 750.315a.

History: 2019, Act 157, Imd. Eff. Dec. 20, 2019
Mich. Comp. Laws § 700.3906 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3906
Distribution in kind; valuation; method.
Status: in_force

Sec. 3906.

Unless the will indicates a contrary intention, the distributable property of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:

A specific devisee is entitled to distribution of the property devised to him or her, and a spouse or child who selects particular estate property as provided in section 2404 shall receive the property selected.

A homestead or family allowance, or devise of a stated sum of money, may be satisfied in kind provided all of the following are true:

The person entitled to the payment does not demand payment in cash.

The property distributed in kind is valued at fair market value as of its distribution date.

A residuary devisee does not request that the property in question remain a part of the estate residue.

The residuary estate may be distributed in any equitable manner.

Property described in subsection (1)(b) shall be valued in accordance with the following:

A security regularly traded on recognized exchanges, if distributed in kind, is valued at the price for the last sale of like securities traded on the business day before distribution or, if there was no sale on that day, at the median between amounts bid and offered at the close of that day.

Property consisting of money owed the decedent or the estate by a solvent debtor as to which there is no known dispute or defense is valued at the amount due with accrued interest or discounted to the distribution date.

Property that does not have a readily ascertainable value is valued as of a date not more than 28 days before the distribution date, if otherwise reasonable.

For purposes of facilitating distribution, the personal representative may ascertain property value as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the property may have been previously appraised.

History: 1998, Act 386, Eff. Apr. 1, 2000
Mich. Comp. Laws § 45.18 — MI Code / Chapter 45 / Act R-S-of-1846 / Section 45.18
Escape due to insufficiency of county jail; liability of sheriff.
Status: in_force

Sec. 18.

In case of the escape of any prisoner, by reason of the insufficiency of the jail, whereby the sheriff, or other officer performing the duties of sheriff, shall be made liable to any party at whose suit such prisoner was committed, the county shall re-imburse and pay all sums of money recovered of the sheriff or such other officer by such party, by reason of such escape.

History: R.S. 1846, Ch. 13; CL 1857, 317; CL 1871, 448; How. 454; CL 1897, 2456; CL 1915, 2253; CL 1929, 1111; CL 1948, 45.18
Mich. Comp. Laws § 324.36205 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.36205
Application; evaluation criteria; priority; determination of grant awards; amount; notification; report to commission; maximum expenditure; portion of acquisition cost to be provided by applicant or another person.
Status: in_force

Sec. 36205.

An application submitted to the board under section 36203 shall be evaluated according to selection criteria established by the board. The criteria shall place a priority on the acquisition of agricultural conservation easements on farmland that meets 1 or more of the following:

Farmland that has a productive capacity suited for the production of feed, food, and fiber.

Farmland that would complement and is part of a documented, long-range effort or plan for land preservation by the local unit of government in which the farmland is located.

Farmland that is located within an area that complements other land protection efforts by creating a block of farmland that is subject to an agricultural conservation easement under this part or part 361, or a development rights agreement under part 361, or in which development rights have been acquired under part 361.

Farmland in which a greater portion of matching funds or a larger percentage of the agricultural conservation easement value is provided by a local unit of government or sources other than the fund.

Other factors considered important by the board.

After reviewing grant applications for the acquisition of agricultural conservation easements and evaluating them according to the criteria established in subsection (1), the board shall determine which grants should be awarded and the amount of the grants. Upon making its determination, the board shall notify the department and shall submit a report containing this information to the commission.

The board may establish a maximum amount per acre that may be expended with money from the fund for the purchase of agricultural conservation easements.

A grant shall require that a portion of the cost of acquiring an agricultural conservation easement shall be provided by the applicant or another person.

History: Add. 2000, Act 262, Imd. Eff. June. 29, 2000
Mich. Comp. Laws § 29.3d — MI Code / Chapter 29 / Act Act-207-of-1941 / Section 29.3d
Installation of manual fire alarm box required in schools; exception.
Status: in_force

Sec. 3d.

A school that has a vestibule is not required to install a manual fire alarm box within the vestibule if a manual fire alarm box is located within 5 feet of the interior door of the vestibule.

History: Add. 2019, Act 19, Eff. Sept. 5, 2019
Mich. Comp. Laws § 333.26531 — MI Code / Chapter 333 / Act Act-527-of-2008 / Section 333.26531
Short title of part.
Status: in_force

Sec. 1.

This part shall be known and may be cited as the "united way fund act".

History: 2008, Act 527, Imd. Eff. Jan. 13, 2009
Mich. Comp. Laws § 254.5 — MI Code / Chapter 254 / Act Act-354-of-1925 / Section 254.5
Obstructions to navigation; powers of commissioner; removal costs; failure to remove, penalty.
Status: in_force

Sec. 5.

The commissioner or commissioners having in charge the construction or maintenance of any bridge shall have the power to provide for the removal of any booms, rafts, logs or other obstruction in the stream and to direct the time in which, and the places where, such booms, rafts, logs or other obstructions in such stream shall be allowed to remain and when the same shall be removed, whenever, in the opinion of such commissioner or commissioners such booms, rafts, logs or other obstructions are a menace to the bridge, or interfere with the construction or maintenance thereof. The person, firm or corporation responsible for any such boom, raft, logs or other obstruction shall be liable for the cost of such removal, to be recovered in an action of trespass on the case, or to be assessed upon any property of such person, firm or corporation when certified by such commissioner or commissioners to the proper township clerk, and any person who shall fail to comply with such directions of the commissioner or commissioners shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine of not more than 500 dollars or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment, in the discretion of the court.

History: 1925, Act 354, Imd. Eff. May 27, 1925; CL 1929, 4526; CL 1948, 254.5
Mich. Comp. Laws § 29.5n — MI Code / Chapter 29 / Act Act-207-of-1941 / Section 29.5n
Delivery of flammable liquid into above ground liquid storage tank by pipeline at remote control terminal; conditions.
Status: in_force

Sec. 5n.

A firm shall not deliver a flammable liquid that has a flash point below 100 degrees Fahrenheit directly into an above ground liquid storage tank by pipeline at a remote control terminal unless the firm does each of the following:

(a) Furnishes to the director of the department of environmental quality, and receives the approval from the director of the department of environmental quality of, a detailed description of the firm's capabilities and procedures to deliver a flammable liquid by remote control to an above ground liquid storage tank.

(b) Furnishes to the director of the department of environmental quality, and receives the approval from the director of the department of environmental quality of, a description of the firm's procedures to be followed if an above ground storage tank is overfilled.

History: Add. 1981, Act 186, Imd. Eff. Dec. 23, 1981; Am. 2006, Act 189, Imd. Eff. June 19, 2006
Mich. Comp. Laws § 445.112 — MI Code / Chapter 445 / Act Act-227-of-1971 / Section 445.112
Right of buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor's right to rescind.
Status: in_force

Sec. 2.

Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, a buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase that complies with this act. The seller in a home solicitation sale shall not acquire payment by having an independent courier service or other third party pick up the buyer's payment at the buyer's residence until after the buyer's right-to-revoke period prescribed by this act has expired.

Cancellation occurs when the buyer mails or delivers the notice of cancellation provided for in section 3(2) or any other written notice, or sends a telegram, to the seller at the address stated in the notice of cancellation.

A notice of cancellation or other written notice, if mailed to the seller, is given when it is deposited in a mailbox properly addressed and postage prepaid.

A written notice or telegram given by the buyer other than the notice of cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.

A buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and all of the following conditions are met:

The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation.

The buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days.

In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.

If a home solicitation sale is also subject to the debtor's right to rescind certain transactions, the buyer may proceed either under those provisions or under this section.

History: 1971, Act 227, Imd. Eff. Jan. 3, 1972; Am. 1978, Act 152, Imd. Eff. May 18, 1978; Am. 2000, Act 15, Imd. Eff. Mar. 8, 2000
Mich. Comp. Laws § 324.14511 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.14511
Retired engineers technical assistance program; establishment; conduct; contract; priorities.
Status: in_force

Sec. 14511.

The department shall establish a retired engineers technical assistance program. The RETAP shall provide assistance pursuant to section 14504. RETAP assistance shall be conducted by the retired engineers, scientists, and other qualified professionals participating in RETAP.

The department may contract with public or private corporations to conduct 1 or more RETAP activities. Prior to entering into a contract under this subsection, the department shall submit the proposed contract to the legislature.

The director may establish priorities for RETAP assistance based on the demand for RETAP assistance, the funds available for the assistance, and the needs of the applicants, taking into consideration the most effective use of the assistance.

History: Add. 1998, Act 289, Imd. Eff. July 27, 1998