FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 449.1805 — MI Code / Chapter 449 / Act Act-213-of-1982 / Section 449.1805
Distribution of assets upon winding up.
Status: in_force

Sec. 805.

Upon the winding up of a limited partnership, the assets shall be distributed as follows:

To creditors, including partners who are creditors, to the extent permitted by law, in satisfaction of liabilities of the limited partnership other than liabilities for distributions to partners under section 601 or 604.

Except as provided in the partnership agreement, to partners and former partners in satisfaction of liabilities for distributions under section 601 or 604.

Except as provided in the partnership agreement, to partners first for the return of their contributions and secondly respecting their partnership interests, in the proportions in which the partners share in distributions.

History: 1982, Act 213, Eff. Jan. 1, 1983
Mich. Comp. Laws § 324.48740 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.48740
Additional penalties; forfeitures; probation; default; disposition of forfeitures.
Status: in_force

Sec. 48740.

(1) In addition to the penalties provided in this part, a person convicted of taking game fish during a closed season; taking or possessing game fish in excess of lawful limits; taking game fish or nongame fish by use of an unlawful device; or buying or selling game fish, nongame fish, or any parts of game or nongame fish taken by use of an unlawful device shall forfeit to the state for the fish unlawfully taken or possessed as follows:

(a) For each game fish other than sturgeon, of an individual weight of 1 pound or more, $10.00 for each pound or fraction of a pound of fish illegally taken or possessed.

(b) For each game fish other than sturgeon, of an individual weight of less than 1 pound, $10.00 for each fish illegally taken or possessed.

(c) For sturgeon, $1,500.00 for each fish illegally taken or possessed.

(d) For each nongame fish, $5.00 for each pound or fraction of a pound of fish illegally taken or possessed.

(2) In every conviction for a violation described in subsection (1), the court before which the conviction is obtained shall order the defendant to forfeit to the state the sums provided in subsection (1). If 2 or more defendants are convicted of the illegal taking or possession of the fish, the forfeiture shall be declared against them jointly and severally.

(3) If a defendant fails to pay the sums forfeited for a violation of subsection (1), upon conviction, the court shall either impose a sentence of probation, and as a condition of sentence require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the forfeited sums in installments at the times and in the amounts as the court determines the defendant is able to pay.

(4) A default in the payment of forfeiture or an installment of the forfeiture may be collected by any means authorized for the enforcement of a judgment under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

(5) All courts collecting forfeitures as provided in this section shall promptly remit the forfeiture to the county treasurer, who shall transmit it to the state treasurer to be credited to the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995; Am. 2004, Act 587, Eff. Dec. 23, 2006
Mich. Comp. Laws § 141.505 — MI Code / Chapter 141 / Act Act-284-of-1964 / Section 141.505
Right of appeal from decision or order; establishment of city income tax trust fund; payment of recoveries as result of appeal; compliance with final order.
Status: in_force

Sec. 5.

A person liable for the tax imposed by the ordinance set forth in and adopted pursuant to this act, a city that imposes a tax pursuant to the ordinance set forth in and adopted pursuant to this act or the department has the right of appeal from a decision or order made under this act as set forth in chapter 2.

The city income tax trust fund is established in the department of treasury and all of the following apply to the fund:

The state is prohibited from borrowing from the fund.

The interest earned on the money in the fund shall remain in the fund.

After an agreement entered into pursuant to section 9 is terminated, any liabilities that relate to that agreement shall be paid from the fund and if there are insufficient funds to pay those liabilities, the city that entered into the agreement shall be responsible for paying those liabilities.

If a taxpayer or employer, as the result of an appeal under this act, is found entitled to recover any sum paid, the taxpayer or employer shall be paid from the general fund of the city except that if the city has entered into an agreement pursuant to section 9, the amount to be paid shall be paid by the state from the city income tax trust fund established in subsection (2). Only recoveries based on taxes payable for a tax year for which a city has entered into an agreement under section 9 shall be paid by the state from the city income tax trust fund. The city or the department shall promptly and uniformly comply with a final order upon appeal.

History: 1964, Act 284, Imd. Eff. June 12, 1964; Am. 1996, Act 478, Eff. Jan. 1, 1997
Mich. Comp. Laws § 324.21530 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.21530
Bonds or notes; assurance of timely payments; costs of issuance.
Status: in_force

Sec. 21530.

The authority may authorize and approve an insurance contract, an agreement for a line of credit, a letter of credit, a commitment to purchase bonds or notes, an agreement to remarket bonds or notes, an agreement to manage payment, revenue or interest rate exposure, and any other transaction to provide security to assure timely payment of a bond or note.

The authority may authorize payment from the proceeds of the bonds or notes, or other funds available, of the cost of issuance including, but not limited to, fees for placement, charges for insurance, letters of credit, lines of credit, remarketing agreements, agreements to manage payment, revenue or interest rate exposure, reimbursement agreements, or purchase or sales agreements or commitments, or agreements to provide security to assure timely payment of bonds or notes.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 333.26452 — MI Code / Chapter 333 / Act Act-345-of-2014 / Section 333.26452
Availability of investigational drug, biological product, or device.
Status: in_force

Sec. 2.

(1) A manufacturer of an investigational drug, biological product, or device may make available and an eligible patient may request the manufacturer's investigational drug, biological product, or device under this act. This act does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.

(2) A manufacturer may do all of the following:

(a) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.

(b) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.

History: 2014, Act 345, Imd. Eff. Oct. 17, 2014
Mich. Comp. Laws § 125.4819 — MI Code / Chapter 125 / Act Act-57-of-2018 / Section 125.4819
Development plan or tax increment financing plan as public purpose; consideration for approval, rejection, or modification.
Status: in_force

Sec. 819.

The governing body after a public hearing on the development plan or the tax increment financing plan, or both, with notice given under section 818, shall determine whether the development plan or tax increment financing plan constitutes a public purpose. If it determines that the development plan or tax increment financing plan constitutes a public purpose, it shall by ordinance approve or reject the plan, or approve it with modification, based on the following considerations:

(a) The plan meets the requirements under section 817(2).

(b) The proposed method of financing the development is feasible and the authority has the ability to arrange the financing.

(c) The development is reasonable and necessary to carry out the purposes of this part.

(d) The land included within the development area to be acquired is reasonably necessary to carry out the purposes of the plan and of this part in an efficient and economically satisfactory manner.

(e) The development plan is in reasonable accord with the land use plan of the municipality.

(f) Public services, such as fire and police protection and utilities, are or will be adequate to service the project area.

(g) Changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the project and for the municipality.

History: 2018, Act 57, Eff. Jan. 1, 2019
Mich. Comp. Laws § 117.5e — MI Code / Chapter 117 / Act Act-279-of-1909 / Section 117.5e
Municipal water or sewage system; annual audit; public hearing before proposed rate increase.
Status: in_force

Sec. 5e.

A municipal water or sewage system established by a city incorporated under this act which serves more than 40% of the population of the state shall:

Be audited annually by an independent auditor designated by the legislative auditor general. No charter provision shall require an annual local audit for the same period. The auditor shall be paid by the system. The results of the annual audit shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. The annual audit shall be submitted to the governing body of each city, village, or township served by the system and to the legislature before December 1 of each year. Each city, village or township served by the system shall be audited annually by an independent auditor. The auditor shall be paid by that city, village, or township served by the system. The results shall be made available to the public.

Hold at least 1 public hearing at least 120 days before a proposed rate increase is scheduled to take effect. Each hearing shall be conducted in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Notice of the time, date, and place of each hearing shall be given in the manner required by Act No. 267 of the Public Acts of 1976, shall be prominently printed in a daily newspaper of general circulation within the area, and shall be mailed to each city, village, or township served by the system not less than 30 days before each hearing. A final vote by the governing body of the city to implement a proposed rate increase shall not be taken until the hearings provided for in this subdivision are concluded and the results of those hearings are considered by the city's governing body. This section shall not be construed to impair the obligations of a contract. A city shall not be required to hold a public hearing before the establishment of a water or sewer rate which is necessary for debt retirement under outstanding bond obligations.

History: Add. 1978, Act 383, Imd. Eff. July 27, 1978
Mich. Comp. Laws § 123.65 — MI Code / Chapter 123 / Act Act-90-of-1913 / Section 123.65
Construction of powers; boulevards.
Status: in_force

Sec. 5.

The powers and authority granted in this act, shall be deemed to include power and authority to purchase and accept gifts of lands for boulevards and highways to be laid out as boulevards by county authority and power and authority to improve the same, and the words "parks owned or held in trust by townships, cities and villages," shall be deemed to include boulevards or highways or streets laid out as boulevards and owned or held in trust by the municipalities aforesaid.

History: 1913, Act 90, Eff. Aug. 14, 1913; CL 1915, 2322; Am. 1921, Act 36, Eff. Aug. 18, 1921; CL 1929, 2397; CL 1948, 123.65
Mich. Comp. Laws § 8.4a — MI Code / Chapter 8 / Act R-S-of-1846 / Section 8.4a
Effect of repeal.
Status: in_force

Sec. 4-a.

The repeal of any statute or part thereof shall not have the effect to release or relinquish any penalty, forfeiture, or liability incurred under such statute or any part thereof, unless the repealing act shall so expressly provide, and such statute and part thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.

History: Add. 1931, Act 25, Imd. Eff. Apr. 21, 1931; CL 1948, 8.4a
Mich. Comp. Laws § 32.1112a — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1112a
Wrongful use, possession, manufacturing distribution, importation, exportation, or introduction of controlled substances; punishment.
Status: in_force

Sec. 112a.

(1) An individual subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the Armed Forces of the United States or of any state military forces a substance described in subsection (2) must be punished as a court-martial directs.

(2) Subsection (1) applies to both of the following substances:

(a) Any controlled substance.

(b) Any substance not specified in subdivision (a) that is listed on a schedule of controlled substances prescribed by the President of the United States for the purposes of the uniform code of military justice, 10 USC 801 to 946a.

History: Add. 2024, Act 77, Imd. Eff. July 8, 2024
Mich. Comp. Laws § 339.521 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.521
Consideration of petition; reinvestigation; reply.
Status: in_force

Sec. 521.

In considering a petition submitted under section 520, the department and an appropriate board may reinvestigate the school, institution, or person and the curriculum of the school, institution, or program offered by the person before replying to the petition. The reply to the petition shall set forth the reasons licensure, approval, or recognition had not been granted. The reply shall be sent to the petitioning school, institution, or person.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Mich. Comp. Laws § 333.5656 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5656
Updated standardized written summary; development; publication; contents; availability to physicians.
Status: in_force

Sec. 5656.

By July 1, 2002, the department of community health shall develop and publish an updated standardized, written summary that contains all of the information required under section 5655.

The department shall develop the updated standardized, written summary in consultation with appropriate professional and other organizations. The department shall draft the summary in nontechnical terms that a patient, patient surrogate, or patient advocate can easily understand.

The department shall make the updated standardized, written summary described in subsection (1) available to physicians through the Michigan board of medicine and the Michigan board of osteopathic medicine and surgery created in article 15. The Michigan board of medicine and the Michigan board of osteopathic medicine and surgery shall notify in writing each physician subject to this part of the requirements of this part and the availability of the updated standardized, written summary within 10 days after the updated standardized, written summary is published.

History: Add. 1996, Act 594, Eff. Mar. 31, 1997; Am. 2001, Act 237, Eff. Jan. 8, 2002
Mich. Comp. Laws § 450.2461 — MI Code / Chapter 450 / Act Act-162-of-1982 / Section 450.2461
Agreement as to voting rights.
Status: in_force

Sec. 461.

An agreement between 2 or more shareholders or members, if it is in writing and signed by the parties, may provide that in exercising voting rights, they shall cast their votes as provided in the agreement, or as they agree, or as determined under a procedure agreed on by them. A voting agreement executed under this section, whether or not proxies are executed under that agreement, is not subject to sections 466 to 468. A voting agreement under this section is specifically enforceable.

History: 1982, Act 162, Eff. Jan. 1, 1983; Am. 2014, Act 557, Imd. Eff. Jan. 15, 2015
Mich. Comp. Laws § 324.5702 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.5702
“Small business stationary source” explained.
Status: in_force

Sec. 5702.

Upon petition by a source, the department may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this section any stationary source that does not meet the criteria of subparagraph ( iii ), ( iv ), or ( v ) of section 5701(e) but which does not emit more than 100 tons per year of all air contaminants and air pollutants regulated pursuant to part 55 or the clean air act.

The department, in consultation with the administrator of the United States environmental protection agency and the administrator of the United States small business administration and after providing notice and opportunity for public hearing, may exclude from the small business stationary source definition any category or subcategory of sources that the state determines to have sufficient technical and financial capabilities to meet the requirements of the clean air act and part 55 without the application of this part.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 421.51 — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.51
“Benefits” and “average weekly wage” defined.
Status: in_force

Sec. 51.

"Benefits" means the money payments payable to an eligible and qualified individual, as provided in this act, with respect to unemployment.

For benefit years established before the conversion date prescribed in section 75, an individual's "average weekly wage", with respect to a base period employer, shall be the amount determined by dividing his or her total wages for credit weeks earned from that employer by the number of such credit weeks.

History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936; Am. 1947, Act 360, Imd. Eff. July 8, 1947; CL 1948, 421.51; Am. 1951, Act 251, Imd. Eff. June 17, 1951; Am. 1994, Act 162, Imd. Eff. June 17, 1994
Mich. Comp. Laws § 141.138 — MI Code / Chapter 141 / Act Act-94-of-1933 / Section 141.138
Trustee; appointment; powers and duties; pledging of trust funds.
Status: in_force

Sec. 38.

An ordinance authorizing the issuance of bonds under this act may provide for the appointment of a trustee with the powers and duties prescribed in the ordinance in respect to the bonds and the payment and security of the bonds including provision that funds, including the proceeds of bonds, which are trust funds under the ordinance, may be held in trust by the trustee for the primary benefit and payment of the holders of the bonds. These trust funds may also be pledged by the trustee pursuant to the ordinance to an entity providing additional security for the bonds pursuant to section 7a(1)(a).

History: Add. 1946, 1st Ex. Sess., Act 23, Eff. June 7, 1946; CL 1948, 141.138; Am. 1985, Act 26, Imd. Eff. May 31, 1985
Mich. Comp. Laws § 333.13725 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.13725
Generator's permit; identification number; requirements; conditions; validity; issuance or renewal; application; nontransferable; applicability; fee; modification of permit; administrative costs; automatic issuance of permit.
Status: in_force

Sec. 13725.

After the issuance of a construction and operating license for a disposal site under this part, a person shall not generate waste in this state unless the person holds a generator's permit issued under this section. The department shall assign an identification number to each generator who is issued a permit or who has been granted equivalent privileges in this state under section 13724.

A generator's permit shall include requirements as provided in this part and any rules promulgated under this part, in the low-level radioactive waste authority act, and conditions that are equivalent to applicable federal requirements. Other conditions as necessary and provided by law may be imposed after the department has submitted to the governor and the legislature the written recommendations required under section 13707(2). A generator's permit is valid for 3 years after the date of issuance.

Upon receipt of the application and a fee as required in subsection (6), the department shall issue or renew a generator's permit if it determines that the generator meets the requirements of this part.

An application for a generator's permit shall contain information required by the department to implement and enforce this part, including all of the following:

The estimated quantities and types of waste generated.

The procedures and methods to be used for responding to a release of waste.

The location and use of storage and transfer facilities, if any.

A generator's permit is not transferable, and shall state with particularity the persons and real or personal property to which it applies.

Each person who submits an application for a generator's permit or permit renewal in this state under this section shall pay a permit application fee of $500.00.

If a generator requests modification of a generator's permit, or if the director determines that modifications are necessary to conform to the requirements of this part, the director may invoke permit modifications which the director considers necessary and may specify the time required to complete the modifications. The director may prescribe a fee not to exceed $500.00 for administrative costs associated with the processing of a modification of a generator permit.

The department shall automatically issue a generator's permit to an applicant who makes an initial application for a generator's permit under this part if that person holds a valid permit or other authorization to generate waste issued by the nuclear regulatory commission at the time of the initial application. A person granted a generator's permit under this subsection is subject to all the applicable provisions of this part, rules promulgated under this part, and the provisions of the permit.

History: Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987; Am. 1994, Act 435, Imd. Eff. Jan. 6, 1995
Mich. Comp. Laws § 46.53 — MI Code / Chapter 46 / Act Act-182-of-1943 / Section 46.53
Finance committee; powers and duties.
Status: in_force

Sec. 3.

The finance committee, as herein authorized, shall have power, and it is hereby authorized and directed:

To audit all claims which are chargeable against the county, and no warrant shall be drawn for such claim, nor shall any such claim be paid until it has been audited by such finance committee, and payment thereof authorized by such finance committee.

To examine the books and accounts of all county officers and departments unless otherwise provided by statute. In making such examination it may require the accounts and vouchers of such officer or department to be presented for examination and audit by the committee.

To make a report to the board of supervisors in each year of all accounts audited and allowed by said committee, said report to be made at such time as shall be fixed by the board of supervisors.

It shall also execute and perform all orders of the board of supervisors in any matter within the scope of this act, and not otherwise contrary to the laws of this state.

History: 1943, Act 182, Eff. July 30, 1943; CL 1948, 46.53
Mich. Comp. Laws § 280.583 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.583
Validation of prior bonds.
Status: in_force

Sec. 583.

The provisions of this chapter shall not be construed to validate and shall not validate any bonds or other obligations issued prior to August 13, 1954.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956