FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 330.2028 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.2028
Consultations; report; admissibility of evidence.
Status: in_force

Sec. 1028.

When the defendant is ordered to undergo an examination pursuant to section 1026, the center or other facility shall, for the purpose of gathering psychiatric and other information pertinent to the issue of the incompetence of the defendant to stand trial, examine the defendant and consult with defense counsel, and may consult with the prosecutor or other persons. Defense counsel shall make himself available for consultation with the center or other facility. The examination shall be performed, defense counsel consulted, and a written report submitted to the court, prosecuting attorney, and defense counsel within 60 days of the date of the order.

The report shall contain:

The clinical findings of the center or other facility.

The facts, in reasonable detail, upon which the findings are based, and upon request of the court, defense, or prosecution additional facts germane to the findings.

The opinion of the center or other facility on the issue of the incompetence of the defendant to stand trial.

If the opinion is that the defendant is incompetent to stand trial, the opinion of the center or other facility on the likelihood of the defendant attaining competence to stand trial, if provided a course of treatment, within the time limit established by section 1034.

The opinion concerning competency to stand trial derived from the examination may not be admitted as evidence for any purpose in the pending criminal proceedings, except on the issues to be determined in the hearings required or permitted by sections 1030 and 1040. The foregoing bar of testimony shall not be construed to prohibit the examining qualified clinician from presenting at other stages in the criminal proceedings opinions concerning criminal responsibility, disposition, or other issues if they were originally requested by the court and are available. Information gathered in the course of a prior examination that is of historical value to the examining qualified clinician may be utilized in the formulation of an opinion in any subsequent court ordered evaluation.

History: 1974, Act 258, Eff. Aug. 6, 1975; Am. 1975, Act 179, Eff. Aug. 6, 1975
Mich. Comp. Laws § 551.9 — MI Code / Chapter 551 / Act R-S-of-1846 / Section 551.9
Solemnization of marriage; form; declaration by parties; witnesses.
Status: in_force

Sec. 9.

In the solemnization of marriage, no particular form shall be required, except that the parties shall solemnly declare, in the presence of the person solemnizing the marriage and the attending witnesses, that they take each other as husband and wife; and in every case, there shall be at least 2 witnesses, besides the person solemnizing the marriage, present at the ceremony.

History: R.S. 1846, Ch. 83; CL 1857, 3212; CL 1871, 4727; How. 6217; CL 1897, 8596; CL 1915, 11370; CL 1929, 12698; CL 1948, 551.9; Am. 1972, Act 211, Eff. July 1, 1972
Mich. Comp. Laws § 775.10 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 775.10
Fees; prohibited as in civil cases.
Status: in_force

Sec. 10.

The provisions of law prohibiting the taking of any fees for services in civil cases, other than such as are allowed by law, shall apply to the taking of fees in criminal cases beyond the amount allowed by law for such services.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17480; CL 1948, 775.10
Mich. Comp. Laws § 333.22230 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.22230
Participation in medicaid program as distinct criterion.
Status: in_force

Sec. 22230.

In evaluating applications for a health facility as defined under section 22205(1)(c) in a comparative review, the department shall include participation in title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396r-6 and 1396r-8 to 1396v, as a distinct criterion, weighted as very important, and determine the degree to which an application meets this criterion based on the extent of participation in the medicaid program.

History: Add. 1988, Act 332, Eff. Oct. 1, 1988; Am. 2002, Act 619, Eff. Mar. 31, 2003
Mich. Comp. Laws § 400.1302 — MI Code / Chapter 400 / Act Act-263-of-1996 / Section 400.1302
Definitions.
Status: in_force

Sec. 2.

As used in this act:

"County juvenile agency" means that term as defined in section 2 of the county juvenile agency act.

"Department" means the family independence agency.

"Juvenile" means an individual within the court's jurisdiction under section 2(a)(1) of chapter XIIA of 1939 PA 288, MCL 712A.2.

History: 1996, Act 263, Eff. Aug. 1, 1996; Am. 1998, Act 527, Imd. Eff. Jan. 12, 1999
Mich. Comp. Laws § 324.63507 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.63507
Rules.
Status: in_force

Sec. 63507.

The department shall promulgate rules pertaining to surface coal mining and reclamation operations that are required by this part.

A rule promulgated or a permit issued by the department may differ in its terms and provisions as to particular permit conditions, types of coal being extracted, particular areas of the state, or any other conditions that appear relevant and necessary if the action taken is consistent with attainment of the general intent and purposes of this part.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 500.438a — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.438a
Domestic, foreign, and alien insurers; filing annual statement with national association of insurance commissioners; foreign insurers considered in compliance with section; agents of commissioner; confidentiality of information.
Status: in_force

Sec. 438a.

Each domestic, foreign, and alien insurer authorized to transact insurance in this state shall file annually on or before March 1 of each year, with the national association of insurance commissioners a copy of its annual statement along with additional filings for the preceding year as prescribed by the commissioner. The information filed with the national association of insurance commissioners shall be in the same format and scope as that required by the commissioner and shall include the signed jurat page and any actuarial certification. An amendment or addendum to the annual statement filing subsequently filed with the commissioner shall also be filed with the national association of insurance commissioners.

A foreign insurer that is domiciled in a state that has a law substantially similar to subsection (1) shall be considered in compliance with this section.

In the absence of actual malice, members of the national association of insurance commissioners, their duly authorized committees, subcommittees, and task forces, their delegates, national association of insurance commissioners employees, and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of an annual statement shall be acting as the commissioner's agents under the authority of this act and shall not be subject to civil liability for libel, slander, or any other cause of action because of their collection, review, and analysis or dissemination of the data and information collected from the filings.

All financial analysis ratios and examination synopses concerning insurers that are submitted to the commissioner by the national association of insurance commissioners' insurance regulatory information system are confidential and may not be disclosed by the commissioner or those acting under the commissioner's authority.

History: Add. 1992, Act 182, Imd. Eff. Oct. 1, 1992
Mich. Comp. Laws § 30.204 — MI Code / Chapter 30 / Act Act-203-of-1951 / Section 30.204
Civilian defense organization; persons prohibited from employment; loyalty oath, form.
Status: in_force

Sec. 4.

No person shall be employed or associated in any capacity in any civilian defense organization established under this act who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for civilian defense shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this state, which oath shall be substantially as follows:

"I, ............................., do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the state of Michigan, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

"And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of civilian defense organization) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence."

History: 1951, Act 203, Imd. Eff. June 14, 1951
Mich. Comp. Laws § 3.976 — MI Code / Chapter 3 / Act Act-459-of-2012 / Section 3.976
Emergency responders as employees and agents of respective employers and jurisdictions.
Status: in_force

Sec. 6.

Emergency responders from outside this state, while rendering mutual aid within this state pursuant to a mutual aid agreement authorized by this act, remain employees and agents of their respective employers and jurisdictions. Nothing in this act, or any mutual aid agreement entered into pursuant to this act, creates an employment relationship between the jurisdiction requesting aid and the employees and agents of the jurisdiction rendering aid. All pension, relief, disability, death benefits, worker's compensation, and other benefits enjoyed by emergency responders rendering emergency mutual aid shall extend to the services they perform outside their respective jurisdictions as if those services had been rendered in their own jurisdiction.

History: 2012, Act 459, Imd. Eff. Dec. 27, 2012
Mich. Comp. Laws § 211.17 — MI Code / Chapter 211 / Act Act-206-of-1893 / Section 211.17
Taxable situs of personal property; transfer after tax day.
Status: in_force

Sec. 17.

No change of location or sale of any personal property, after the tax day shall affect the assessment made pursuant thereto. As between school districts and road districts the location of personal property for taxation shall be determined by the same rules as between assessment districts: Provided, That whenever the owner or occupant shall reside upon contiguous tracts or parcels of land which lie in 2 or more assessment districts, then the personal property of such owner or occupant shall be assessed in the assessment district where such owner or occupant resides at the time the assessment is made.

History: 1893, Act 206, Eff. June 12, 1893; CL 1897, 3840; CL 1915, 4011; CL 1929, 3405; Am. 1943, Act 231, Imd. Eff. Apr. 20, 1943; CL 1948, 211.17; Am. 1949, Act 285, Eff. Sept. 23, 1949; Am. 1958, Act 209, Eff. Sept. 13, 1958
Mich. Comp. Laws § 389.41 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.41
Annexation to community college district; filing of resolution, approval, and ballot questions; approval by electors; territory subject to taxes; eligibility of electors.
Status: in_force

Sec. 41.

(1) By adoption of a resolution, the board of trustees of a community college district organized under this chapter may initiate annexation to the community college district, in the manner provided in this act, of that portion of a local school district, intermediate school district, county, or township that is not already included in a community college district.

(2) Before an annexation election described in subsection (3), the board of trustees shall obtain the approval of the proposed annexation from the superintendent of public instruction. If the board receives that approval, the secretary of the board of trustees shall, subject to section 646a of the Michigan election law, MCL 168.646a, file certified copies of the annexation resolution, the approval, and the wording of the ballot questions described in subsection (3) with the clerk of the county in which the territory to be annexed is located.

(3) After the resolution, approval, and ballot questions are filed under subsection (2), the clerk of the county shall place before the electors the question of annexation to the community college district and of approving the maximum tax rate existing in the community college district.

(4) If both propositions receive majority approval of the electors voting on the propositions, the effective date of the annexation is the date the election is certified by the appropriate board of county canvassers.

(5) By virtue of annexation, unless otherwise provided in the approved annexation propositions, territory annexed to a community college district is subject to taxes levied for principal and interest of outstanding bonded indebtedness of the community college district.

(6) If a portion of a county, township, or intermediate or local school district to be annexed lies within a community college district at the time of the annexation election, then the electors residing in that territory are not eligible to vote on the propositions and that territory does not become a part of the community college district.

(7) If a school district that operates grades kindergarten through 12 is annexed to a community college district before July 1, 2004, the school district is entitled to elect a member to the board of trustees of the community college district for a term of 6 years. The first member shall be elected at the first regular community college election after the annexation election.

History: 1966, Act 331, Eff. Oct. 1, 1966; Am. 2000, Act 488, Imd. Eff. Jan. 11, 2001; Am. 2004, Act 446, Imd. Eff. Dec. 27, 2004; Am. 2016, Act 374, Eff. Mar. 22, 2017
Mich. Comp. Laws § 257.1339 — MI Code / Chapter 257 / Act Act-300-of-1974 / Section 257.1339
Rescission of R 257.101 to R 257.173.
Status: in_force

Sec. 39.

R 257.101 to 257.173 of the Michigan Administrative Code are rescinded.

History: 1974, Act 300, Eff. Apr. 1, 1975; Am. 2016, Act 430, Eff. Apr. 4, 2017
Mich. Comp. Laws § 556.112 — MI Code / Chapter 556 / Act Act-224-of-1967 / Section 556.112
Powers of appointment act; definitions.
Status: in_force

Sec. 2.

As used in this act:

(a) "Property" means any legal or equitable interest in real or personal property, including choses in action.

(b) "Power" means a power of appointment over property.

(c) "Power of appointment" means a power created or reserved by a person having property subject to his or her disposition that enables the donee of the power to designate, within any limits that may be prescribed, the transferees of the property or the shares or the interests in which it shall be received. The term power of appointment may include a power of amendment or revocation, but does not include a power of sale or a power of attorney.

(d) "Donor" means a person who creates or reserves a power.

(e) "Donee" means a person to whom a power is granted or reserved.

(f) "Appointee" means a person to whom a beneficial interest in property is designated or transferred by exercise of a power or, if a power is exercised in favor of a trustee, a person for whose benefit property has been designated or transferred in trust.

(g) "Creating instrument" means a deed, will, trust agreement, or other writing or document that creates or reserves a power.

(h) "General power" means a power, the permissible appointees of which include the donee, his or her estate, his or her creditors, or the creditors of his or her estate. The term general power includes a power that is not expressly restricted as to appointees. A power may be general as to some property and special as to other property.

(i) "Special power" means a power, the permissible appointees of which do not include the donee, his or her estate, his or her creditors, or the creditors of his or her estate.

(j) "Gift in default" means a transfer to a person designated in the creating instrument as the transferee of property if a power is not exercised or is released.

(k) "Release" means renunciation, relinquishment, surrender, refusal to accept, and any other form of release.

( l ) A power of appointment is "presently" exercisable whenever the creating instrument does not manifest an intent that its exercise shall be solely by will or otherwise postponed.

(m) "EPIC" means the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206.

(n) "MTC" means article VII of EPIC, MCL 700.7101 to 700.7913.

(o) "Trust" means that term as defined in section 2901 of EPIC, MCL 700.2901.

(p) "Irrevocable trust" means a trust over which no person holds a power of revocation. A power holder's lack of capacity to exercise a power of revocation negates the power of revocation unless an agent of the power holder under a durable power of attorney, a conservator of the power holder, or a plenary guardian of the power holder is serving and the agent, conservator, or guardian is authorized to exercise the power of revocation.

(q) "Trustee" means a fiduciary or set of co-fiduciaries as described in section 2901(2)(j) of EPIC, MCL 700.2901.

History: 1967, Act 224, Eff. Nov. 2, 1967; Am. 2012, Act 485, Imd. Eff. Dec. 28, 2012
Mich. Comp. Laws § 324.48722 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.48722
Game fish; carried as open hand baggage; transportation.
Status: in_force

Sec. 48722.

A resident or nonresident who holds an unexpired fishing license issued in his or her name may carry as open hand baggage not more than 1 day's legal catch of fish. However, any person holding an unexpired fishing license may obtain only 1 permit from the department authorizing that person to ship 1 day's legal catch of any species of game fish or combination of species. The catch of 2 or more licensed anglers may be combined in a single package. However, the permit of each angler whose catch is combined in the package shall be attached to the package.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 600.8153 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8153
Eighty-eighth district; Alpena and Montmorency counties.
Status: in_force

Sec. 8153.

(1) Until the date determined under subsection (2), the eighty-eighth district consists of the counties of Alpena and Montmorency, is a district of the first class, and has 1 judge.

(2) Beginning on the date on which a vacancy occurs in the office of district judge in the eighty-eighth district or the beginning date of the term for which the incumbent district judge in the eighty-eighth district no longer seeks election or reelection to that office, whichever is earlier, the eighty-eighth district consists of the counties of Alpena and Montmorency and is a district of the first class. Under section 810a, the probate judge for the county of Alpena shall serve as judge of the eighty-eighth district within the county of Alpena, and the probate judge for the county of Montmorency shall serve as judge of the eighty-eighth district within the county of Montmorency.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968; Am. 2012, Act 20, Imd. Eff. Feb. 22, 2012
Mich. Comp. Laws § 750.236 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.236
Spring gun, trap or device; setting.
Status: in_force

Sec. 236.

Setting spring guns, etc.-Any person who shall set any spring or other gun, or any trap or device operating by the firing or explosion of gunpowder or any other explosive, and shall leave or permit the same to be left, except in the immediate presence of some competent person, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 1 year, or by a fine of not more than 500 dollars, and the killing of any person by the firing of a gun or device so set shall be manslaughter.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.236
Mich. Comp. Laws § 600.1338 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.1338
Jurors; excused; removal of name from list.
Status: in_force

Sec. 1338.

When any person is excused from serving on the ground that he or she is exempt by law from serving on juries or is not qualified to serve as a juror, the clerk of the court shall remove the name of that person from the second jury list.

History: Add. 1968, Act 326, Eff. Nov. 15, 1968; Am. 2004, Act 12, Eff. June 1, 2004
Mich. Comp. Laws § 600.6054 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.6054
Execution; irregular sale; taking down or defacement of notice; liability; irregularities not to invalidate.
Status: in_force

Sec. 6054.

Any officer who sells any real estate, without the previous notice herein directed, or otherwise than in the manner herein prescribed, shall be liable therefor to the party injured, in the sum of $500.00 damages, in addition to any actual damages which such party may prove on the trial of an action brought for the recovery of the same.

If any person takes down or defaces any notice of a sale of real estate, put up by any officer, previous to the day of sale therein specified, unless upon satisfaction of the execution by virtue of which such notice shall have been given, or upon the consent of the party suing out such execution, and of the defendant therein, such person shall be liable therefor to the party in whose favor such execution was issued, in the sum of $50.00 damages.

The omission of any officer to give the notice of sale required in this chapter, or the taking down or defacing any such notice when put up, does not affect the validity of any sale made to a purchaser in good faith, without notice of such omission, taking down or defacing.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 324.21316 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.21316
Use of forms.
Status: in_force

Sec. 21316.

The department may create and require the use of forms containing information specifically required under this part to assist in the reporting requirements provided in this part.

History: 1994, Act 451, Eff. Mar. 30, 1995; Am. 2012, Act 108, Imd. Eff. May 1, 2012
Mich. Comp. Laws § 4.511 — MI Code / Chapter 4 / Act Act-5-of-1948-2nd-Ex-Sess- / Section 4.511
Legislators; definitions.
Status: in_force

Sec. 1.

As used in this act:

"Compensation" means salaries.

"Mileage" means cost of transportation via the shortest traveled route either by train, bus or private automobile from the residence of the legislator to Lansing.

"Expenses" means expenses incurred by the legislator in connection with the discharge of his official duties.

History: 1948, 2nd Ex. Sess., Act 5, Eff. Jan. 1, 1949; Am. 1966, Act 309, Eff. Jan. 1, 1967