FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 38.1628 — MI Code / Chapter 38 / Act Act-182-of-1986 / Section 38.1628
Retirement due to nonduty incurred disability; amount of retirement allowance; payment to surviving spouse or children; payment to deceased member's estate; eligibility for health insurance coverage.
Status: in_force

Sec. 28.

(1) Except as provided in section 24(4) and subject to subsection (3), a member who retires due to nonduty incurred disability on or after the effective date of this act and after completing 10 years of credited service under this act or former 1935 PA 251, or both, is entitled to receive a retirement allowance equal to 2.4% of the member's final average compensation times the number of years, including any fraction of a year, of service credited to the member pursuant to this act or former 1935 PA 251, or both, but not to exceed 25 years, during the period of disability. Except as provided in section 24(4), if a retirant receiving a retirement allowance under this section dies, the retirement allowance must continue to be paid to the surviving spouse for the rest of the spouse's life in an amount equal to the retirement allowance that the member was receiving on the date of his or her death.

(2) For purposes of this section, if there is no surviving spouse or on the spouse's death, the retirement allowance must be paid to the children under the age of 18 of the member, share and share alike. If there are no eligible children remaining after the spouse's death, there must be paid to the deceased member's estate any residual accumulated contributions and interest made by him or her into the reserve for employee contributions.

(3) The retirement allowance payable under this section must be offset by the actuarially determined value of the employer-funded portion plus the associated investment growth and employer contributions made under section 15a and earnings on the contributions.

(4) A member, former member, or beneficiary of a deceased member, which member first becomes a member on or after June 10, 2012 and who is eligible for a retirement allowance under this section, is eligible for health insurance coverage under section 42 in all respects and under the same terms as would be a member who first becomes a member before June 10, 2012. A member who is eligible for health insurance coverage under section 42 as described in this subsection is not vested in any employer contributions under section 42a(1).

History: 1986, Act 182, Eff. Oct. 1, 1986; Am. 2018, Act 674, Imd. Eff. Dec. 28, 2018
Mich. Comp. Laws § 767.73 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 767.73
Indictment; perjury; sufficiency of statement.
Status: in_force

Sec. 73.

An indictment for perjury or for subornation of, solicitation, or conspiracy to commit perjury, is sufficient which indicates the offense for which the accused is prosecuted, the nature of the controversy in respect of which the offense was committed and before what court or officer the oath was taken or was to have been taken, without setting forth any part of the records or proceedings with which the oath was connected, and without stating the commission or authority of the court or other authority before whom the perjury was committed or was to have been committed or the form of the oath or affirmation or the manner of administering the same.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17287; CL 1948, 767.73
Mich. Comp. Laws § 324.47102 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.47102
Accounts; records.
Status: in_force

Sec. 47102.

The department shall keep proper books of accounts and records of its transactions, and also of all operations and experiments in the discharge of the duties under this part.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995; Am. 2018, Act 237, Eff. Sept. 25, 2018
Mich. Comp. Laws § 484.2507 — MI Code / Chapter 484 / Act Act-179-of-1991 / Section 484.2507
Optional services; authorization of end-user.
Status: in_force

Sec. 507.

A telecommunications provider shall not include or add optional services in an end-user's telecommunications service package without the express oral or written authorization of the end-user.

Upon the receipt of a complaint filed by a person alleging a violation of this section or upon the commission's own motion, the commission may conduct a contested case as provided under section 203.

History: Add. 2000, Act 295, Imd. Eff. July 17, 2000
Mich. Comp. Laws § 324.76114 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.76114
Suspension or revocation of permit; grounds; hearing; civil action.
Status: in_force

Sec. 76114.

If the department or the department of history, arts, and libraries finds that the holder of a permit issued pursuant to section 76105 or 76109 is not in compliance with this part, a rule promulgated under this part, or a provision of or condition in the permit, or has damaged abandoned property or failed to use diligence in attempting to recover property for which a permit was issued, the department or the department of history, arts, and libraries, individually or jointly, may summarily suspend or revoke the permit. If the permit holder requests a hearing within 15 days following the effective date of the suspension or revocation, the commission or the department of history, arts, and libraries shall conduct an administrative hearing pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287, to consider whether the permit should be reinstated.

The attorney general, on behalf of the department or the department of history, arts, and libraries, individually or jointly, may commence a civil action in circuit court to enforce compliance with this part, to restrain a violation of this part or any action contrary to a decision denying a permit, to enjoin the further removal of artifacts, geological material, or abandoned property, or to order the restoration of an affected area to its prior condition.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995; Am. 2001, Act 75, Imd. Eff. July 24, 2001
Mich. Comp. Laws § 457.414 — MI Code / Chapter 457 / Act Act-291-of-1913 / Section 457.414
Articles, certified copy as evidence.
Status: in_force

Sec. 4.

A copy of the record of such articles of association under the seal of the state, duly certified according to law, shall be received as prima facie evidence in all courts of this state of the existence and due incorporation of such corporation.

History: 1913, Act 291, Eff. Aug. 14, 1913; CL 1915, 10632; CL 1929, 10693; CL 1948, 457.414
Mich. Comp. Laws § 18.1462 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1462
Plan to comply with audit recommendations; corrective action plans.
Status: in_force

Sec. 462.

(1) Upon completion of an audit, the principal executive officer of a state agency which is audited shall submit a plan to comply with the audit recommendations to the state budget office. The plan shall be prepared in accordance with procedures prescribed by the state budget director. Copies of the plan shall be distributed in accordance with the administrative guide to state government. Copies shall also be distributed to relevant house and senate appropriations subcommittees, relevant house and senate standing committees, fiscal agencies, and the executive office.

(2) The state budget director shall develop procedures for principal departments to follow for the development of corrective action plans. The plan described under this section shall be prepared in accordance with procedures prescribed by the state budget director and in accordance with reinforcing procedures prescribed by the principal department.

(3) Principal departments shall periodically report progress on remediating material weaknesses on a schedule provided by the state budget director.

History: 1984, Act 431, Eff. Mar. 29, 1985; Am. 1999, Act 8, Imd. Eff. Mar. 22, 1999; Am. 2018, Act 389, Imd. Eff. Dec. 19, 2018
Mich. Comp. Laws § 18.1359 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1359
Combining amounts in fund and in state treasury for purposes of cash management; investment earnings; separate accounting; crediting transfer to fund.
Status: in_force

Sec. 359.

Amounts in the fund may be combined by the state treasurer with other amounts in the state treasury for purposes of cash management. The earnings from investment of the fund shall accrue to the fund. The fund shall be accounted for separately from other funds of the state. A transfer to the fund shall be credited toward the fund balance at the start of the fiscal year in which the transfer takes place subject to later revision according to section 355 in the same fiscal year.

History: 1984, Act 431, Eff. Mar. 29, 1985
Mich. Comp. Laws § 324.33703 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.33703
Contract; provisions.
Status: in_force

Sec. 33703.

A contract entered into under section 33701 may provide for the granting, without cost to the United States, of all lands, easements, and rights-of-way necessary for the construction of the project, except as otherwise provided by act of congress or federal regulation. Such a contract may also provide for the maintenance and operation of the project after completion in accordance with regulations prescribed by the secretary of the army.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 339.508 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.508
Formal complaint and notice; service; options; attendance at informal conference; methods of settlement; representation.
Status: in_force

Sec. 508.

After an investigation has been conducted and a formal complaint prepared, the department shall serve the formal complaint upon the respondent and the complainant. At the same time, the department shall serve the respondent with a notice describing the compliance conference and hearing processes and offering the respondent a choice of 1 of the following opportunities:

An opportunity to meet with the department to negotiate a settlement of the matter.

If the respondent is a licensee or registrant under this act, an opportunity to demonstrate compliance prior to holding a contested case hearing, as required by section 92 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being section 24.292 of the Michigan Compiled Laws.

An opportunity to proceed to a contested case hearing as set forth in section 71 of Act No. 306 of the Public Acts of 1969, being section 24.271 of the Michigan Compiled Laws.

A respondent upon whom service of a formal complaint has been made pursuant to this section may select, within 15 days after the receipt of notice, 1 of the options described in subsection (1). If a respondent does not select 1 of those options within the time period described in this section, then the department shall proceed to a contested case hearing as described in subsection (1)(c).

An informal conference may be attended by a member of the board, at the discretion of that board, or by a member of a committee and may result in a settlement, consent order, waiver, default, or other method of settlement agreed upon by the parties and the department. A settlement may include the revocation, suspension, or limitation of a license or registration; censure; probation; restitution; or a penalty provided for in article 6. A board may reject a settlement and require a contested case hearing under section 71 of Act No. 306 of the Public Acts of 1969, as amended, being section 24.271 of the Michigan Compiled Laws.

An authorized employee or agent of the department may represent the department in any contested case hearing held pursuant to Act No. 306 of the Public Acts of 1969.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1989, Act 261, Eff. Jan. 1, 1990
Mich. Comp. Laws § 801.58 — MI Code / Chapter 801 / Act Act-325-of-1982 / Section 801.58
Failure of certain actions to reduce population to level prescribed in MCL 801.56(1); deferring acceptance for incarceration of certain persons.
Status: in_force

Sec. 8.

(1) Except as otherwise provided in this subsection and subsection (2), if the actions taken pursuant to sections 5, 6, and 7 do not reduce the county jail's population to the level prescribed in section 6(1) within 42 days of the declaration of the county jail overcrowding state of emergency, the sheriff shall defer acceptance for incarceration in the general population of the county jail persons sentenced to or otherwise committed to the county jail for incarceration until the county jail overcrowding state of emergency is ended pursuant to section 9, except that the sheriff shall not defer acceptance for incarceration all persons under sentence for or charged with violent or assaultive crimes, sex offenses, escape from prison or jail, drunk driving offenses, controlled substance offenses except possession of less than 25 grams of a controlled substance, or weapons offenses.

(2) The sheriff shall not defer acceptance of a prisoner for incarceration into the general population of the county jail if both of the following occur:

(a) The sheriff or the sentencing judge presents to the chief circuit judge for the county in which the county jail is located information alleging that deferring acceptance of the prisoner for incarceration would constitute a threat to public safety.

(b) The chief circuit judge, based upon the presence of a threat to public safety, approves of accepting the prisoner for incarceration.

History: 1982, Act 325, Eff. Feb. 8, 1983; Am. 1988, Act 399, Imd. Eff. Dec. 27, 1988; Am. 2007, Act 140, Eff. Feb. 11, 2008
Mich. Comp. Laws § 600.9108 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.9108
State judicial council; pay raises and benefit plan changes prohibited.
Status: in_force

Sec. 9108.

The state judicial council shall not, from the effective date of this section until the transfer of employees to the appropriate employer, grant any pay raises or make any changes in benefit plans for any of its employees.

History: Add. 1996, Act 374, Imd. Eff. July 17, 1996
Mich. Comp. Laws § 324.9501 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.9501
Definitions.
Status: in_force

Sec. 9501.

As used in this part:

"Approved holding tank" means a holding tank certified by the United States coast guard under part 159 of subchapter O of chapter I of title 33 of the code of federal regulations, 33 C.F.R. part 159.

"Discharge" means spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

"Docking facility" means a public, private, or commercial marina, yacht club, dock, or wharf used for mooring, serving, or otherwise handling watercraft.

"Litter" means rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, oil, or other foreign substances of every kind and description.

"Marine sanitation device" means equipment designed for installation on board a watercraft or installed on board a watercraft to receive, retain, treat, or discharge sewage.

"Oil" means oil of any kind or in any form, including petroleum, fuel oil, sludge, and oil refuse.

"Police officer" means a police officer as defined in section 42 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.42 of the Michigan Compiled Laws, and a conservation officer.

"Portable" means not permanently affixed to a watercraft and capable of being immediately removed from a watercraft.

"Sewage" means human body wastes, treated or untreated.

"Watercraft" means a contrivance used or capable of being used for navigation upon water, whether or not capable of self-propulsion, including foreign and domestic vessels engaged in commerce upon the waters of this state, passenger or other cargo-carrying vessels, and privately owned recreational watercraft.

"Waters of this state" means waters within the territorial limits of this state including the waters of the Great Lakes that are under the jurisdiction of this state.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 168.846 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.846
Board of state canvassers; tie vote, determination and certification under MCL 168.852.
Status: in_force

Sec. 846.

If 2 or more individuals have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the tie must be resolved and the winner certified as provided under section 852.

History: 1954, Act 116, Eff. June 1, 1955; Am. 2023, Act 269, Eff. Feb. 13, 2024
Mich. Comp. Laws § 53.90 — MI Code / Chapter 53 / Act R-S-of-1846 / Section 53.90
Register of deeds; office, location; fees and compensation.
Status: in_force

Sec. 90.

The register shall keep his office at the seat of justice for the county, and shall receive such fees and compensation for his services as may be provided by law.

History: R.S. 1846, Ch. 14; CL 1857, 438; CL 1871, 580; How. 608; CL 1897, 2611; CL 1915, 2473; CL 1929, 1374; CL 1948, 53.90
Mich. Comp. Laws § 500.8140 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.8140
Subrogation to rights of creditor; distribution; excess received by creditor.
Status: in_force

Sec. 8140.

If a creditor, whose claim against an insurer is secured in whole or in part by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he or she discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him or her in trust for the other person. The term "other person", as used in this section, is not intended to apply to a guaranty association or foreign guaranty association.

History: Add. 1989, Act 302, Imd. Eff. Jan. 3, 1990
Mich. Comp. Laws § 15.504 — MI Code / Chapter 15 / Act Act-199-of-1976 / Section 15.504
Status of employee participating in temporary assignment; salary, benefits, and supervision of employee on detail; rights, benefits, and obligations of employee in status of leave of absence.
Status: in_force

Sec. 4.

An employee who is participating in a temporary assignment shall be considered as being on detail to a regular work assignment of the sending agency or in a status of leave of absence from the sending agency.

An employee who is on detail shall receive at least the same salary and benefits to which he would otherwise be entitled and which shall be paid by the sending agency except as otherwise agreed between the sending and the receiving agencies. A receiving agency shall supervise the duties of an employee who is on detail except as otherwise agreed to by the sending and receiving agencies.

An employee who is on a status of leave of absence shall receive at least the same salary and benefits to which he would otherwise be entitled and which shall be paid by the receiving agency except as otherwise agreed between the sending and the receiving agencies. An employee who is on a status of leave of absence may be granted annual leave or other time off with compensation to the extent authorized by law applicable to the sending agency. Except as otherwise provided in this act, an employee who is in a status of leave of absence has the same rights, benefits, and obligations as other employees of the sending agency who are on a leave of absence status for any other purpose. Notwithstanding any other law an employee may credit the period of the assignment toward any retirement benefit of the sending agency.

History: 1976, Act 199, Imd. Eff. July 23, 1976
Mich. Comp. Laws § 780.859 — MI Code / Chapter 780 / Act Act-301-of-2020 / Section 780.859
Cancellation of program participant certification; circumstances.
Status: in_force

Sec. 9.

(1) The department of the attorney general may cancel the certification of a program participant if the program participant is not reachable at the mailing address, telephone number, and any electronic mail address provided under section 5(3)(c) for 60 or more days.

(2) The department of the attorney general shall cancel the certification of a program participant in any of the following circumstances:

(a) The program participant's application contained 1 or more false statements.

(b) The program participant or the legal parent of or a guardian appointed by a court for a minor that is a program participant or the guardian of a ward that is a program participant files a notarized request for cancellation on a form prescribed by the department of the attorney general.

(c) The program participant fails to file a renewal application while the initial certification as a program participant is valid as provided in section 5(8). The department of the attorney general may promulgate a rule to provide for a grace period.

(d) The program participant fails to file a continuance application required under section 5(11) before the program participant becomes 19 years of age.

History: 2020, Act 301, Imd. Eff. Dec. 29, 2020
Mich. Comp. Laws § 211.372 — MI Code / Chapter 211 / Act Act-92-of-1943 / Section 211.372
Withholding certain land from sale; conveyance to grantees; delinquent taxes and special assessments; payment and certification; liens.
Status: in_force

Sec. 2.

The land or part of the land withheld shall be conveyed by deed by the department to the grantee or grantees, including this state, that would have had title to the land if the apparent title had not vested in this state as a result of tax sale proceedings.

If any taxes or special assessments are lawfully due upon the land because the public interest was acquired after the tax day, after the special assessments had become a lien, or for any other reason, the taxes and special assessments shall be paid to the county treasurer and to the city treasurer if the land lies within the limits of a city collecting its own delinquent taxes and special assessments and the fact of the payment shall be certified to the department by the state treasurer prior to the execution and delivery of the conveyance. The taxes and special assessments shall be distributed and accounted for in the same manner as if paid at the time of the acquisition of the interest of the public in the land.

Interest and penalties due upon the taxes and special assessments shall not be required to be computed or paid beyond the time when the public acquired an interest in the land.

If the public interest in the land was less than a fee simple absolute prior to the apparent vesting of title in this state, this state or any board, officer, commission, department, public corporation, governmental subdivision, agency, municipal or quasi-municipal corporation of this state paying the valid taxes and special assessments shall have a lien on the land or interest in the land not publicly owned for the portion of the amount paid that is lawfully chargeable to the interest not owned by the public, as described in this section. The lien may be foreclosed in the circuit court for the county in which the land or any part of the land is situated. The lien shall bear interest at the rate of 6% per annum from the date of the payment.

History: 1943, Act 92, Imd. Eff. Apr. 13, 1943; CL 1948, 211.372; Am. 2002, Act 179, Imd. Eff. Apr. 23, 2002
Mich. Comp. Laws § 450.5004 — MI Code / Chapter 450 / Act Act-23-of-1993 / Section 450.5004
Certificate of authority; satisfaction of MCL 450.4204 required for issuance.
Status: in_force

Sec. 1004.

The department shall not issue a certificate of authority to a foreign limited liability company unless the name of the company satisfies the requirements of section 204. If the name of a foreign limited liability company does not satisfy the requirements of section 204, the company may take the action authorized by section 204(4).

History: 1993, Act 23, Eff. June 1, 1993; Am. 2008, Act 567, Imd. Eff. Jan. 16, 2009