FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 710.23e — MI Code / Chapter 701 / Act Act-288-of-1939 / Section 710.23e
Temporary placement; hearing to determine custody; petition; ex parte order to return child to parent or guardian; petition requesting court jurisdiction; temporary disposition; powers of court; act as exclusive remedy.
Status: in_force

Sec. 23e.

Not later than 14 days after the filing of a petition by the prosecutor as required by section 23d(4) of this chapter, by a prospective adoptive parent as permitted in section 23d(6) of this chapter, or by a child placing agency as required by section 23d(7) of this chapter, the court shall hold a hearing to determine the custody of a child for whom a temporary placement has been made.

Upon receiving a petition filed under section 23d(5) of this chapter, the court shall immediately issue an ex parte order directing the prospective adoptive parent to return the child to the parent or guardian with legal custody within 24 hours after receipt of the order, unless the court proceeds under subsection (3).

The court may appoint an attorney to represent the child or refer the matter to the department. The attorney or the department may file a petition on the child's behalf requesting the court to take jurisdiction under section 2(b) of chapter XIIA. If that petition has not been filed within 14 days after the court appoints an attorney or refers the matter to the department under this section, the court shall order the return of the child to the parent or guardian with legal custody. During the period before the petition for jurisdiction under section 2(b) of chapter XIIA is filed and a preliminary hearing is held or the return of custody is ordered, the court shall remove the child from the home of the prospective adoptive parent and make a temporary disposition appropriate for the welfare of the child as authorized by section 18 of chapter XIIA.

Subject to subsection (2), the court may appoint a guardian under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8102, in response to a petition filed by the prospective adoptive parent or another individual interested in the child's welfare, and make a temporary disposition appropriate for the child's welfare as authorized by section 18 of chapter XIIA until an order of guardianship is entered.

The court may order the return of a child to a child placing agency that has obtained legal custody of the child.

The court may appoint a guardian ad litem for the child or for a minor parent of the child.

This act provides the exclusive remedy for all custody disputes arising out of a temporary placement.

History: Add. 1994, Act 222, Eff. Jan. 1, 1995; Am. 1994, Act 373, Eff. Jan. 1, 1995; Am. 2000, Act 55, Eff. Apr. 1, 2000
Mich. Comp. Laws § 570.409 — MI Code / Chapter 570 / Act Act-59-of-1864-Ex-Sess- / Section 570.409
Warrant; contents.
Status: in_force

Sec. 9.

Such notice shall contain the names of the complainant, of the water-craft, the port to which she belongs, if known, and a brief statement of the alleged claim, with amounts, and a citation to all persons to intervene for their interest, on a day certain, or that said claim will be heard ex parte.

History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864; CL 1871, 6655; How. 8243; CL 1897, 10796; CL 1915, 14899; CL 1929, 13145; CL 1948, 570.409
Mich. Comp. Laws § 720.209 — MI Code / Chapter 720 / Act Act-194-of-1947 / Section 720.209
State public administrator; vacancy, filling; bond of predecessor fiduciary, continuation.
Status: in_force

Sec. 9.

In case of a vacancy occurring in the office of state public administrator from any cause, it shall be the duty of the governor and the attorney general to fill such vacancy forthwith in the manner as in this act provided for appointment of a state public administrator. Upon qualification for such office the succeeding state public administrator shall be the fiduciary of any unclosed estate to which his predecessor was appointed fiduciary under the provisions of this act, and he shall forthwith notify each probate court having jurisdiction of any such unclosed estate of such appointment, and such successor state public administrator shall be entitled to the possession of all the property, bank accounts, books, papers and records pertaining to any such estate, and shall, under the direction of said probate court, proceed to completion of administration of any such estate. The bond of such predecessor fiduciary may be continued as the bond of the new appointee, with the consent of the surety or sureties thereon, but in the event of a new bond being filed, the surety, if a corporation, shall refund the unearned premium on such cancelled bond.

History: 1947, Act 194, Imd. Eff. June 12, 1947; CL 1948, 720.209
Mich. Comp. Laws § 205.92c — MI Code / Chapter 205 / Act Act-94-of-1937 / Section 205.92c
Definitions.
Status: in_force

Sec. 2c.

As used in this act:

(a) "Authority" means the local community stabilization authority created under the local community stabilization authority act.

(b) "Basic school operating mills" means school operating mills used to calculate the state portion of a local school district's foundation allowance under section 20 of the state school aid act of 1979, 1979 PA 94, MCL 388.1620, and levied under section 1211 of the revised school code, 1976 PA 451, MCL 380.1211, by a local school district that receives from this state a portion of its foundation allowance, as calculated under section 20(4) of the state school aid act of 1979, 1979 PA 94, MCL 388.1620.

(c) "Local community stabilization share" means the local community stabilization share tax described in section 3(5), authorized by the amendatory act that added this section, and included in the specific tax levied under section 3(1).

(d) "Personal property growth factor" means the average annual growth rate for industrial and commercial personal property taxable value from 1996 through 2012 rounded up to the nearest tenth of a percent, which is 1.0%.

(e) "State fiscal year" means the annual period fiscal beginning on October 1 of each year and ending on September 30 in the immediately succeeding year.

(f) "State share" means the state share tax described in section 3(5) and included in the specific tax levied under section 3(1).

History: Add. 2014, Act 80, Eff. Jan 1, 2015
Mich. Comp. Laws § 777.15e — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 777.15e
Chapter 691 of Michigan Compiled Laws; felonies to which chapter applicable.
Status: in_force

Sec. 15e.

This chapter applies to the following felonies enumerated in chapter 691 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max 691.1819(1)(a) Pub saf G Violation of an extreme risk protection order - first offense 1 691.1819(1)(b) Pub saf F Violation of an extreme risk protection order - second offense 4 691.1819(1)(c) Pub saf E Violation of an extreme risk protection order - third or subsequent offense 5 691.1819(4)(b) Pub trst F False statement in complaint for an extreme risk protection order - second offense 4 691.1819(4)(c) Pub trst E False statement in complaint for an extreme risk protection order - third or subsequent offense 5 691.1819(5) Pub saf G Knowingly providing a firearm to individual restrained under an extreme risk protection order 1

M.C.L.

Category

Class

Description

Stat Max

691.1819(1)(a)

Pub saf

G

Violation of an extreme risk protection order - first offense

1

691.1819(1)(b)

Pub saf

F

Violation of an extreme risk protection order - second offense

4

691.1819(1)(c)

Pub saf

E

Violation of an extreme risk protection order - third or subsequent offense

5

691.1819(4)(b)

Pub trst

F

False statement in complaint for an extreme risk protection order - second offense

4

691.1819(4)(c)

Pub trst

E

False statement in complaint for an extreme risk protection order - third or subsequent offense

5

691.1819(5)

Pub saf

G

Knowingly providing a firearm to individual restrained under an extreme risk protection order

1

History: Add. 2023, Act 36, Eff. Feb. 13, 2024
Mich. Comp. Laws § 280.323 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.323
Drains along public highways; consent; disposition of materials; apportionment against state trunk line highway; payment of assessment; certificate of amount due; drains constructed prior to 1923.
Status: in_force

Sec. 323.

Before a drain is constructed along a public highway, the drain commissioner or drainage board shall consult with and obtain the written consent of the highway authorities having jurisdiction over the highway, as to the proposed location of the drain and the disposition of all material excavated. Whenever an apportionment is made against a state trunk line highway, the amount of the assessment based on the apportionment shall be paid out of any state transportation funds on hand. On or before December 1 of the year when the assessment is made, the drain commissioner or drainage board shall certify to the state treasurer the amount due from the state to the drainage district by reason of the assessment of benefits, and the state treasurer shall, if satisfied of the correctness of such certificate, cause the certificate to be paid within 30 days thereafter.

If a ditch or drain was constructed prior to 1923 primarily for drainage of private lands, and was constructed along a public highway, and if the records including the original survey of the drain are not of public record nor turned over to the county drain commissioner, or have not been entered in the records of the county drain commissioner as a county drain, then the actual location of the drain shall be sufficient to make the drain comply with the provisions of this act with respect to the location thereof, and the drain shall be a county drain upon compliance with the other provisions of this act with respect to county drains. No proceedings shall be instituted for the widening of the drain or the deepening thereof below its original bottom.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956; Am. 1972, Act 150, Imd. Eff. May 26, 1972; Am. 2002, Act 353, Imd. Eff. May 23, 2002
Mich. Comp. Laws § 700.7602 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.7602
Revocation or amendment of revocable trust.
Status: in_force

Sec. 7602.

(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to any of the following:

(a) A trust created under a trust instrument executed before April 1, 2010.

(b) A trust created by the exercise of a power described in section 7820a.

(c) A trust created by the exercise of a power of appointment held by a trustee in a fiduciary capacity.

(2) If a revocable trust is created or funded by more than 1 settlor, all of the following apply:

(a) To the extent that the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses.

(b) To the extent that the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution.

(c) Upon notification by the settlor of the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.

(3) The settlor may revoke or amend a revocable trust in any of the following ways:

(a) By substantially complying with a method provided in the terms of the trust.

(b) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, in either of the following ways:

( i ) If the trust is created pursuant to a writing, by another writing manifesting clear and convincing evidence of the settlor's intent to revoke or amend the trust.

( ii ) If the trust is an oral trust, by any method manifesting clear and convincing evidence of the settlor's intent.

(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

(5) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a durable power of attorney only to the extent expressly authorized by the terms of the trust or the power of attorney.

(6) A conservator or plenary guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only to the extent expressly authorized by the terms of the trust and with the approval of the court supervising the conservatorship or guardianship.

(7) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or the settlor's successors in interest, including the trust beneficiaries, for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010; Am. 2012, Act 483, Imd. Eff. Dec. 28, 2012
Mich. Comp. Laws § 780.796a — MI Code / Chapter 780 / Act Act-87-of-1985 / Section 780.796a
Notice to victim of juvenile's application to have conviction or adjudication for certain offenses set aside; “assaultive crime” and “serious misdemeanor” defined.
Status: in_force

Sec. 46a.

If a juvenile applies to have a conviction for an assaultive crime or serious misdemeanor or an adjudication for an offense that if committed by an adult would be an assaultive crime or a serious misdemeanor set aside under section 18e of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18e, and the prosecuting attorney knows the victim's name, the prosecuting attorney shall give the victim of the offense written notice of the application and forward a copy of the application to the victim. The notice shall be by first-class mail to the victim's last known address. The victim has the right to appear at any proceeding under section 18e of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18e, concerning that adjudication and make a written or oral statement.

As used in this section:

"Assaultive crime" means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

"Serious misdemeanor" means that term as defined in section 61.

History: Add. 1993, Act 341, Eff. May 1, 1994; Am. 2000, Act 503, Eff. June 1, 2001
Mich. Comp. Laws § 500.5805 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.5805
Merger of nonprofit health care corporation with nonprofit mutual disability insurer.
Status: in_force

Sec. 5805.

(1) As set forth in section 220 of the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1220, a nonprofit health care corporation may merge with a nonprofit mutual disability insurer where the surviving entity is governed by this chapter. A merger described in this section is exempt from the application of sections 1311 to 1319. Notwithstanding any provision of this act to the contrary, the resulting nonprofit mutual disability insurer shall continue as a nonprofit entity and shall continue to provide coverage to the individual and small group health markets in this state.

(2) A nonprofit mutual disability insurer that has merged with a nonprofit health care corporation as described in subsection (1) may, at its option, continue to offer any product that was offered to the subscribers of the nonprofit health care corporation.

(3) A nonprofit mutual disability insurer that has merged with a nonprofit health care corporation as described in subsection (1) may offer supplemental coverage to medicare enrollees as provided in chapter 38. Notwithstanding any other provision of this act to the contrary and until July 31, 2016, both of the following apply to an insurer described in this subsection:

(a) The insurer shall continue to offer to current or new eligible policyholders who are residents of this state, at the same rates as offered to subscribers by the nonprofit health care corporation on the effective date of this section, the supplemental coverage to medicare enrollees.

(b) The insurer offering supplemental coverage under subdivision (a) shall continue all cost transfers as authorized under section 609(5) of the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1609, on the effective date of this section.

(4) Benefits paid by a nonprofit mutual disability insurer that has merged with a nonprofit health care corporation as described in subsection (1) to an insured or provider by way of a check or other similar written instrument for the transmission or payment of money, that is not cashed within the period prescribed in the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to 567.265, shall escheat to this state pursuant to the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to 567.265.

History: Add. 2013, Act 5, Imd. Eff. Mar. 18, 2013
Mich. Comp. Laws § 390.1625 — MI Code / Chapter 390 / Act Act-479-of-2006 / Section 390.1625
Grant amount; prorated amount; adjustment.
Status: in_force

Sec. 5.

(1) Subject to proration under subsection (2) and adjustment under subsection (3), a student who meets the eligibility requirement of section 4(3)(c)( i ) and the other applicable eligibility requirements under section 4 shall receive a Michigan promise grant in the amount of $4,000.00.

(2) If a student satisfies the eligibility requirement contained in section 4(3)(c) by completing a vocational training program that as determined by the department generally requires less than 2 years or fewer than 1,800 clock hours, as applicable, to complete, the student shall receive a prorated amount of the amount described in subsection (1) that reflects the number of clock hours necessary to complete the program, as determined by the department.

(3) If in any fiscal year the department determines that the amount appropriated by the legislature for the payment of Michigan promise grants is not sufficient to pay each eligible student the Michigan promise grant amount required under this section for an academic year, the department shall adjust the amount of Michigan promise grants paid under this section by prorating the amounts as necessary to reflect the available resources and amounts appropriated in that fiscal year. The department shall notify the governor, the speaker of the house of representatives, and the majority leader of the senate in writing at least 30 days before implementing a proration under this subsection.

History: 2006, Act 479, Imd. Eff. Dec. 21, 2006
Mich. Comp. Laws § 700.8202 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.8202
Electronic records and signatures.
Status: in_force

Sec. 8202.

The provisions of article VII governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of electronic records or signatures, conform to the requirements of section 102 of the electronic signatures in global and national commerce act, 15 USC 7002, and supersede, modify, and limit the requirements of the electronic signatures in global and national commerce act, 15 USC 7001 to 7031.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010
Mich. Comp. Laws § 125.2486 — MI Code / Chapter 125 / Act Act-173-of-1992 / Section 125.2486
Authority; powers and limitations.
Status: in_force

Sec. 36.

The authority is a body politic and corporate.

The authority is not a taxing unit or local taxing unit for purposes of sections 87b to 87g of the general property tax act, Act No. 206 of the Public Acts of 1893, being sections 211.87b to 211.87g of the Michigan Compiled Laws.

History: 1992, Act 173, Imd. Eff. July 21, 1992
Mich. Comp. Laws § 556.118 — MI Code / Chapter 556 / Act Act-224-of-1967 / Section 556.118
Release of powers; method; delivery.
Status: in_force

Sec. 8.

Unless the creating instrument expressly provides that a power cannot be released or expressly restricts the time, manner or scope of release, all powers may be released except as provided in subsection (2).

Unless the creating instrument expressly provides otherwise, a special power may not be released if either the power is not presently exercisable, or the power is exercisable by a trustee or other fiduciary in a fiduciary capacity which requires the exercise of the power.

The release of a power may include all or any part of the property subject to the power; reduce or limit the persons or objects, or classes of persons or objects in whose favor the power is exercisable; or limit in any other respect the extent to or the manner in which the power may be exercised.

A release may be effected, either with or without consideration, by written instrument signed by the donee and delivered.

Delivery of a release may be accomplished in any of the following ways, but this subsection does not preclude a determination that a release has been delivered in some other manner:

Delivery to any person specified in the creating instrument.

Delivery to a trustee or other fiduciary or to 1 of several trustees or other fiduciaries, other than the donee, of the property to which the power relates, or by filing with the court having jurisdiction over the trust.

Delivery to any person, other than the donee, who could be adversely affected by an exercise of the power.

By recording or filing in the office of the register of deeds in the county where the property is located or where the donee resides, which release shall be recorded by the register.

History: 1967, Act 224, Eff. Nov. 2, 1967; Am. 1970, Act 195, Imd. Eff. Aug. 6, 1970
Mich. Comp. Laws § 38.374 — MI Code / Chapter 38 / Act Act-78-of-1958 / Section 38.374
Separation of employees from Detroit school district employees retirement system; actuarial determination of credits and debits of board of governors and retirement commission.
Status: in_force

Sec. 4.

A determination shall be made by the actuary for the legislative retirement system provided in sections 39 and 46 of Act No. 261 of the Public Acts of 1957, being sections 38.1039 and 38.1040 of the Compiled Laws of 1948, of the respective rights and the liabilities as to each other of the board of governors and the retirement commission out of the separation of the employees of the board of governors from the employees' retirement system. The respective debits and credits shall be determined as follows:

The board of governors shall be debited and the retirement commission shall be credited with the amounts paid and the actuarily determined liability for the amounts to be paid as retirement benefits to the persons included in section 2, giving due allowance for the annuity deposits of the employees included in section 2.

The board of governors shall be credited and the retirement commission shall be debited with the normal and supplemental annuity deposits to the credit of the employees included in section 3.

The board of governors shall be credited and the retirement commission shall be debited with such portion of the assets of the retirement commission, exclusive of the normal and supplemental annuity deposits, held by it as shall equitably represent the interest of the employees included in sections 2 and 3, having in mind the source of the funds, the method of payment authorized by section 5, and the interests and equities of all persons in the retirement system, all as of July 1, 1956.

History: 1958, Act 78, Eff. Sept. 13, 1958
Mich. Comp. Laws § 780.704 — MI Code / Chapter 780 / Act Act-289-of-1968 / Section 780.704
False testimony; perjury, penalty.
Status: in_force

Sec. 4.

A person who wilfully swears falsely under oath in regard to any matter or thing upon which he is being examined under a grant of immunity is subject to the penalties of perjury as prescribed by law.

History: 1968, Act 289, Eff. Nov. 15, 1968