FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 600.8427 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8427
Conduct of small claims hearing by district court judge or magistrate; appeal.
Status: in_force

Sec. 8427.

A small claims hearing may be conducted either by a district court judge or by a district court magistrate who is an attorney licensed to practice in this state and who is authorized to do so by the chief judge of the district court district as provided in section 8514. If the hearing is conducted by a district court magistrate, an appeal de novo as of right may be taken by either party to the small claims division of the district court. Appeal shall be taken within 7 days after the entry of the decision of the magistrate. Further appeal from the judgment of the district court judge shall not be available to either party.

History: Add. 1984, Act 278, Eff. Jan. 1, 1985
Mich. Comp. Laws § 324.12109 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.12109
Liquid industrial by-product transporter; delivery; retention of records; use of consolidated shipping document; issuance of site identification number.
Status: in_force

Sec. 12109.

(1) A liquid industrial by-product transporter shall provide the generator confirmation of acceptance of by-product for transportation and shall deliver the liquid industrial by-product only to the designated facility specified by the generator.

(2) The liquid industrial by-product transporter shall retain all records required under this part for at least 3 years, and shall make those records readily available for review and inspection by the department or a peace officer. The retention period required in this subsection is automatically extended during the course of any unresolved enforcement action regarding an activity regulated under this part or as required by the department. Records required under this part may be retained in electronic format.

(3) The department may authorize, for certain liquid industrial by-product streams, the use of a consolidated shipping document as authorized under section 12103(1)(d). If a consolidated shipping document is authorized by the department and utilized by a generator, the transporter shall give to the generator a receipt documenting the transporter's company name, the driver's signature, the date of pickup, the type and quantity of by-product removed, the consolidated shipping document number, and the designated facility.

(4) A transporter shall obtain a site identification number assigned by the United States Environmental Protection Agency or the department. Until October 1, 2021, the department shall assess a site identification number user charge of $50.00 for each site identification number it issues. The department shall not issue a site identification number under this subsection unless the site identification number user charge and the tax identification number for the person applying for the site identification number have been received. Money collected under this subsection shall be forwarded to the state treasurer for deposit into the environmental pollution prevention fund created in section 11130.

History: 1994, Act 451, Eff. Mar. 30, 1995; Am. 1998, Act 140, Eff. Sept. 1, 1998; Am. 2001, Act 165, Imd. Eff. Nov. 7, 2001; Am. 2007, Act 75, Imd. Eff. Sept. 30, 2007; Am. 2011, Act 90, Imd. Eff. July 15, 2011; Am. 2013, Act 73, Eff. Oct. 1, 2013; Am. 2014, Act 286, Imd. Eff. Sept. 23, 2014; Am. 2015, Act 224, Eff. Mar. 16, 2016; Am. 2017, Act 90, Imd. Eff. July 12, 2017
Mich. Comp. Laws § 570.261 — MI Code / Chapter 570 / Act Act-146-of-1937 / Section 570.261
Notice by publication.
Status: in_force

Sec. 11.

When any defendant resides out of the state, or is absent from the state, or concealed therein, or cannot be found by reason of his continued absence from his place of residence, or when it cannot be ascertained in what state or country the defendant resides, the complainant may cause notice to be given by publication in like manner, and upon same conditions as in ordinary suits in chancery.

History: 1937, Act 146, Imd. Eff. July 2, 1937; CL 1948, 570.261
Mich. Comp. Laws § 324.80147 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.80147
Reckless operation of vessels; penalty.
Status: in_force

Sec. 80147.

If a person carelessly and heedlessly operates a vessel upon the waters of this state in disregard of the rights or safety of others, without due caution and circumspection, or at a rate of speed or in a manner that endangers or is likely to endanger a person or property, that person is guilty of reckless operation of a vessel and is subject to the penalties described in subsection (3).

If a person, while being towed on water skis, a water sled, a surfboard, or a similar contrivance upon the waters of this state, carelessly and heedlessly navigates, steers, or controls himself or herself in disregard of the rights or safety of others or without due caution and circumspection and in a manner that endangers or is likely to endanger a person or property, then that person is guilty of reckless operation of the contrivance that he or she controls is subject to the penalties described in subsection (3).

Upon a person's conviction under this section, the court may issue an order prohibiting that person from operating a vessel on the waters of this state for a period of not more than 2 years. Upon a person's subsequent conviction under this section, the court shall order that person to participate in and complete a marine safety educational program approved by the department. An order issued pursuant to this subsection is in addition to any other penalty authorized under this part.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 395.203 — MI Code / Chapter 395 / Act Act-34-of-1965 / Section 395.203
Act effective until July 1, 1967.
Status: in_force

Sec. 3.

This act shall remain in effect until July 1, 1967.

History: 1965, Act 34, Imd. Eff. May 19, 1965; Am. 1966, Act 111, Imd. Eff. June 22, 1966
Mich. Comp. Laws § 90.16 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 90.16
District court; jurisdiction; proceedings; applicable laws.
Status: in_force

Sec. 16.

The district court in the judicial district in which a city incorporated under this act is located has jurisdiction to hear, try, and determine a case for a violation of an ordinance of the city. Unless the case is a civil infraction action, proceedings in the district court shall be the same as in a prosecution to recover a penalty or forfeiture or to punish a violation of a criminal law of this state. The laws of this state regulating prosecutions in misdemeanor cases and the recovery of penalties apply.

History: 1895, Act 215, Eff. Aug. 30, 1895; CL 1897, 3104; CL 1915, 3018; CL 1929, 1942; CL 1948, 90.16; Am. 1978, Act 539, Imd. Eff. Dec. 22, 1978; Am. 1994, Act 19, Eff. May 1, 1994
Mich. Comp. Laws § 487.2081 — MI Code / Chapter 487 / Act Act-344-of-2020 / Section 487.2081
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "financial exploitation prevention act".

History: 2020, Act 344, Eff. Sept. 26, 2021
Mich. Comp. Laws § 455.206e — MI Code / Chapter 455 / Act Act-137-of-1929 / Section 455.206e
Election; adoption of resolution, record.
Status: in_force

Sec. 6e.

If a majority of the said qualified voters of the entire territory comprised in the territorial description contained in the notice of election shall vote in favor of the incorporation under this act, then the said board of trustees or directors shall declare the entire territory so affected to be incorporated under this act, and shall file with the county clerk and record with the register of deeds of the county wherein the territory is situated copies of the notice of election, and the resolution of the board of directors or board of trustees declaring the election carried and thereafter such territory shall all become so incorporated.

History: Add. 1939, Act 133, Imd. Eff. May 23, 1939; CL 1948, 455.206e
Mich. Comp. Laws § 206.1013 — MI Code / Chapter 206 / Act Act-181-of-2016 / Section 206.1013
Definitions.
Status: in_force

Sec. 3.

As used in this act:

(a) "Department" means the department of treasury.

(b) "Fund" means the Michigan junior achievement fund created in section 5.

History: 2016, Act 181, Imd. Eff. June 16, 2016
Mich. Comp. Laws § 440.4803 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.4803
Receiving bank; payment of sender's order pursuant to MCL 440.4902(3); effect of erroneous payment order; applicability of subsection (2); obligation of sender to pay payment order; recovery by issuer from beneficiary.
Status: in_force

Sec. 4A303.

A receiving bank that executes the payment order of the sender by issuing a payment order in an amount greater than the amount of the sender's order, or issues a payment order in execution of the sender's order and then issues a duplicate order, is entitled to payment of the amount of the sender's order under section 4A402(3) if that subsection is otherwise satisfied. The bank is entitled to recover from the beneficiary of the erroneous order the excess payment received to the extent allowed by the law governing mistake and restitution.

A receiving bank that executes the payment order of the sender by issuing a payment order in an amount less than the amount of the sender's order is entitled to payment of the amount of the sender's order under section 4A402(3) if that subsection is otherwise satisfied and the bank corrects its mistake by issuing an additional payment order for the benefit of the beneficiary of the sender's order. If the error is not corrected, the issuer of the erroneous order is entitled to receive or retain payment from the sender of the order it accepted only to the extent of the amount of the erroneous order. This subsection does not apply if the receiving bank executes the sender's payment order by issuing a payment order in an amount less than the amount of the sender's order for the purpose of obtaining payment of its charges for services and expenses pursuant to instruction of the sender.

If a receiving bank executes the payment order of the sender by issuing a payment order to a beneficiary different from the beneficiary of the sender's order and the funds transfer is completed on the basis of that error, the sender of the payment order that was erroneously executed and all previous senders in the funds transfer are not obliged to pay the payment orders they issued. The issuer of the erroneous order is entitled to recover from the beneficiary of the order the payment received to the extent allowed by the law governing mistake and restitution.

History: Add. 1992, Act 100, Imd. Eff. June 25, 1992
Mich. Comp. Laws § 324.51701 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.51701
Legislation, rules, or policies creating conditions promoting, fostering, or leading to forest fires.
Status: in_force

Sec. 51701.

The state or a department, bureau, board, commission, or other agency of the state or a political subdivision of the state shall not enact, adopt, promulgate, enforce, or practice any law, rule, policy, or concept that creates or tends to create a condition that promotes, fosters, or leads or may tend to promote, foster, or lead to the beginning or spreading of a forest fire that could jeopardize the public trust in the forests of the state or any private land contiguous to the forests of the state, except as may be required for the protection of the public health, safety, and welfare, or as prescribed for forest management or wildlife management programs under the authority of the department.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 28.590 — MI Code / Chapter 28 / Act Act-378-of-2004 / Section 28.590
Submission of monthly uniform crime reports.
Status: in_force

Sec. 10.

A law enforcement agency created under this act shall submit monthly uniform crime reports pertaining to crimes occurring within the agency's jurisdiction to the department of state police in the manner prescribed in section 1 of 1968 PA 319, MCL 28.251.

History: 2004, Act 378, Imd. Eff. Oct. 12, 2004
Mich. Comp. Laws § 259.186 — MI Code / Chapter 259 / Act Act-327-of-1945 / Section 259.186
Prohibited conduct by owner of aircraft or person in charge or in control of aircraft.
Status: in_force

Sec. 186.

The owner of an aircraft or the person in charge or in control of an aircraft shall not knowingly permit the aircraft to be operated over or upon the lands or waters of this state by a person who is under the influence of intoxicating liquor or a controlled substance, or any drug or combination of drugs that renders a person incapable of safely operating an aircraft or acting as a crew member of an aircraft, or a combination of intoxicating liquor and a controlled substance or any drug or combination of drugs that renders a person incapable of safely operating an aircraft or acting as a crew member of an aircraft, or who consumed an intoxicating liquor or a controlled substance, or any drug or combination of drugs that renders a person incapable of safely operating an aircraft or acting as a crew member of an aircraft, within 8 hours before operating the aircraft or acting or attempting to act as a crew member of an aircraft. A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not less than $100.00 or more than $500.00, or both, together with costs of the prosecution.

History: Add. 1985, Act 81, Eff. Mar. 31, 1986; Am. 1995, Act 62, Eff. Oct. 1, 1995
Mich. Comp. Laws § 388.1724 — MI Code / Chapter 388 / Act Act-94-of-1979 / Section 388.1724
Reducing valuation of district when taxes paid under certain conditions; credits as lien against district; payment to school aid fund; implementation of subsection (2).
Status: in_force

Sec. 124.

If taxes levied for operating purposes against property constituting at least 5% of the valuation of a district are paid under protest and, therefore, are unavailable to the district, the total valuation of the district for the purposes of this act shall be reduced by the valuation of the property. The credits so obtained by a district in the calculation of payments to the district under this act shall remain a lien against the district and shall be paid by the district to the school aid fund when the taxes are collected.

If taxes levied for operating purposes against property constituting at least 5% of the valuation of a district are not paid by a single bankrupt debtor that files for reorganization under chapter 11 of title 11 of the United States Code, 11 U.S.C. 1101 to 1174, and, therefore, are unavailable to the district, the total valuation of the district for the purposes of this act shall be reduced by the valuation of the property. The credits so obtained by a district in the calculation of payments to the district under this act shall remain a lien against the district and shall be paid by the district to the school aid fund when the taxes are collected. This subsection shall be implemented upon verification by the department that the district has taken proper action to attempt to secure payment of taxes by the bankrupt debtor.

History: 1979, Act 94, Eff. Oct. 1, 1979; Am. 1982, Act 276, Imd. Eff. Oct. 5, 1982; Am. 1987, Act 17, Imd. Eff. Apr. 24, 1987; Am. 1992, Act 148, Eff. Oct. 1, 1992; Am. 1993, Act 336, Eff. Oct. 1, 1994; Am. 1995, Act 130, Imd. Eff. June 30, 1995; Am. 1997, Act 93, Eff. Oct. 1, 1997
Mich. Comp. Laws § 333.6230 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.6230
Definitions.
Status: in_force

Sec. 6230.

As used in this part:

(a) "Department" means the department of licensing and regulatory affairs.

(b) "Director" means the director of the department or his or her designee.

(c) "Substance use disorder services" means substance use disorder prevention services or substance use disorder treatment and rehabilitation services, or both, as those terms are defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.

History: Add. 2012, Act 501, Eff. Jan. 1, 2013
Mich. Comp. Laws § 750.327a — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.327a
Sale of explosives to minors.
Status: in_force

Sec. 327a.

A person who sells or furnishes to a minor, without first having procured the written consent of the parent or guardian of the minor, any bulk gunpowder, dynamite, blasting caps or nitroglycerine is guilty of a misdemeanor.

History: Add. 1961, Act 12, Eff. Sept. 8, 1961; Am. 1972, Act 32, Imd. Eff. Feb. 19, 1972
Mich. Comp. Laws § 400.581 — MI Code / Chapter 400 / Act Act-180-of-1981 / Section 400.581
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "older Michiganians act".

History: 1981, Act 180, Imd. Eff. Dec. 15, 1981
Mich. Comp. Laws § 38.1608 — MI Code / Chapter 38 / Act Act-182-of-1986 / Section 38.1608
State police retirement board; per diem compensation; reimbursement of expenses; maximum number of meetings.
Status: in_force

Sec. 8.

The per diem compensation of the retirement board and the schedule for reimbursement of expenses incurred in attending meetings of the retirement board and in performing the required services of the members shall be established annually by the legislature. The retirement board shall not have more than 12 meetings in a calendar year.

History: 1986, Act 182, Eff. Oct. 1, 1986
Mich. Comp. Laws § 333.18709 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.18709
Licensure requirements; rules; temporary license; interim standards.
Status: in_force

Sec. 18709.

The department shall promulgate rules under section 16145 as necessary or appropriate to fulfill its functions under this article. In promulgating rules to establish requirements for licensure under section 16145, the department shall adopt all of the following requirements:

Successful completion of an accredited respiratory therapist training program approved by the department.

Having at least a 2-year associate's degree from an accredited college or university approved by the department.

Having the credential conferred by the national board for respiratory care or its successor organization as a respiratory therapist or its successor credential, as approved by the department.

The department shall issue a license as a respiratory therapist to an individual who had either of the credentials as a registered respiratory therapist or certified respiratory therapist, or their predecessor credentials, conferred by the national board for respiratory care, or its predecessor organization, on or before the effective date of this part, and who applies for licensure as a respiratory therapist within 1 year after the effective date of this part.

The department shall issue a license as a respiratory therapist to an individual who is a holder of a temporary license as a respiratory therapist if a holder of a temporary license meets all of the following requirements:

Applies for licensure as a respiratory therapist prior to the expiration of his or her temporary license as prescribed in section 18711(2).

Provides proof to the department that he or she has successfully completed the national credentialing exam by the national board for respiratory care or its successor organization, as approved by the department.

The department may utilize the standards contained in the clinical practice guidelines issued by the American association of respiratory care that are in effect on the effective date of this part as interim standards, which are adopted by reference, until rules are promulgated under subsection (1).

History: Add. 2004, Act 3, Eff. July 1, 2004
Mich. Comp. Laws § 141.1176 — MI Code / Chapter 141 / Act Act-100-of-1990 / Section 141.1176
Payment of recovery from general fund.
Status: in_force

Sec. 16.

If a person is found entitled by a decision on an appeal to recover any sum paid and no further appeal has been taken within the time limited, the sum shall be paid from the general fund of the city.

History: 1990, Act 100, Imd. Eff. June 13, 1990
Mich. Comp. Laws § 324.82141 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.82141
Acceptance of guilty plea or nolo contendere; advisement by court of maximum imprisonment and fine; screening, assessment, and rehabilitative services; record.
Status: in_force

Sec. 82141.

Before accepting a plea of guilty or nolo contendere under section 82127 or a local ordinance substantially corresponding to section 82127(1), (2), or (3), the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation.

Before imposing sentence, other than court-ordered operating sanctions, for a violation of section 82127(1), (3), (4), or (5) or a local ordinance substantially corresponding to section 82127(1) or (3), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education or treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services.

Each municipal judge and each clerk of a court of record shall keep a full record of every case in which a person is charged with a violation of section 82127(1) or (3). The municipal judge or clerk of the court of record shall prepare and immediately forward to the secretary of state an abstract of the court of record for each case charging a violation of section 82127(1) or (3).

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995; Am. 1999, Act 22, Eff. Oct. 1, 2000