FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 554.641 — MI Code / Chapter 554 / Act Act-454-of-1978 / Section 554.641
Effective date.
Status: in_force

Sec. 11.

This act shall not take effect until July 1, 1979.

History: 1978, Act 454, Eff. July 1, 1979
Mich. Comp. Laws § 380.1571 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1571
Attendance officers; acceptance and oath of office; surety bond; powers and duties; list of teachers and superintendent.
Status: in_force

Sec. 1571.

The intermediate school board shall select 1 or more persons to act as attendance officers for the intermediate school district. An attendance officer shall file with the secretary of the intermediate school board an acceptance and oath of office, and a surety bond in the sum of $1,000.00.

The board of a school district having a pupil membership of 1,000 or more on the latest pupil membership count day may employ attendance officers. An attendance officer employed by a board of education shall give a surety bond to the board in the sum of $1,000.00.

An attendance officer of an intermediate school district or a local school district shall have the powers of a deputy sheriff within the district or the intermediate school district while performing official duties. An intermediate school district attendance officer shall perform the duties of the office in each constituent district in which the local board does not employ an attendance officer.

At the opening of the schools the intermediate superintendent shall furnish the intermediate attendance officer with a list of the teachers and superintendents employed in constituent districts other than those employing an attendance officer.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Mich. Comp. Laws § 211.9b — MI Code / Chapter 211 / Act Act-206-of-1893 / Section 211.9b
Special tool; exemption from taxation; definitions.
Status: in_force

Sec. 9b.

A special tool is exempt from the collection of taxes under this act.

The statement required under section 19 may provide for a separate line for providing the aggregate total original cost of excluded exempt special tools.

As used in this section:

"Product" means an item of tangible property that is directly created or produced through the manufacturing process. A product may be any of the following items:

A part.

A special tool.

A component.

A sub-assembly.

Completed goods that are available for sale or lease in wholesale or retail trade.

"Special tool" means a finished or unfinished device such as a die, jig, fixture, mold, pattern, special gauge, or similar device, that is used, or is being prepared for use, to manufacture a product and that cannot be used to manufacture another product without substantial modification of the device. The length of the economic life of the product manufactured shall not be considered in making a determination whether a device used to manufacture that product is a special tool. Special tools do not include the following:

A device that differs in character from dies, jigs, fixtures, molds, patterns, or special gauges.

Standard tools.

Machinery or equipment, even if customized, and even if used in conjunction with special tools.

"Standard tool" means a die, jig, fixture, mold, pattern, gauge, or other tool that is not a special tool. Standard tool does not include machinery or equipment, even if customized, and even if used in conjunction with special tools or standard tools.

History: Add. 1964, Act 197, Eff. Jan. 1, 1965; Am. 1994, Act 189, Imd. Eff. June 21, 1994; Am. 2003, Act 274, Imd. Eff. Jan. 8, 2004; Am. 2004, Act 4, Eff. Dec. 31, 2003
Mich. Comp. Laws § 600.1731 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.1731
Publication as to court of record; hearing by judge of another court.
Status: in_force

Sec. 1731.

In proceedings for contempt arising out of the publication of any news, information, or comment concerning a court of record, except the supreme court, or any judge of that court the defendant has the right to have the proceedings heard by the judge of another court of record.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 500.5242d — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.5242d
“Corporation” defined for purposes of MCL 500.5241 to 500.5242c.
Status: in_force

Sec. 5242d.

For purposes of sections 5241 to 5242c, "corporation" includes all constituent corporations absorbed in a consolidation or merger and the resulting or surviving corporation, so that a person who is or was a director, officer, employee, or agent of the constituent corporation or is or was serving at the request of the constituent corporation as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise whether for profit or not shall stand in the same position under the provisions of this section with respect to the resulting or surviving corporation as the person would if he or she had served the resulting or surviving corporation in the same capacity.

History: Add. 1988, Act 290, Eff. Jan. 1, 1989
Mich. Comp. Laws § 777.21 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 777.21
Minimum sentence range; determination.
Status: in_force

Sec. 21.

(1) Except as otherwise provided in this section, for an offense enumerated in part 2 of this chapter, determine the recommended minimum sentence range as follows:

(a) Find the offense category for the offense from part 2 of this chapter. From section 22 of this chapter, determine the offense variables to be scored for that offense category and score only those offense variables for the offender as provided in part 4 of this chapter. Total those points to determine the offender's offense variable level.

(b) Score all prior record variables for the offender as provided in part 5 of this chapter. Total those points to determine the offender's prior record variable level.

(c) Find the offense class for the offense from part 2 of this chapter. Using the sentencing grid for that offense class in part 6 of this chapter, determine the recommended minimum sentence range from the intersection of the offender's offense variable level and prior record variable level. The recommended minimum sentence within a sentencing grid is shown as a range of months or life.

(2) If the defendant was convicted of multiple offenses, subject to section 14 of chapter XI, score each offense as provided in this part.

(3) If the offender is being sentenced under section 10, 11, or 12 of chapter IX, determine the offense category, offense class, offense variable level, and prior record variable level based on the underlying offense. To determine the recommended minimum sentence range, increase the upper limit of the recommended minimum sentence range determined under part 6 for the underlying offense as follows:

(a) If the offender is being sentenced for a second felony, 25%.

(b) If the offender is being sentenced for a third felony, 50%.

(c) If the offender is being sentenced for a fourth or subsequent felony, 100%.

(4) If the offender is being sentenced for a violation described in section 18 of this chapter, both of the following apply:

(a) Determine the offense variable level by scoring the offense variables for the underlying offense and any additional offense variables for the offense category indicated in section 18 of this chapter.

(b) Determine the offense class based on the underlying offense. If there are multiple underlying felony offenses, the offense class is the same as that of the underlying felony offense with the highest crime class. If there are multiple underlying offenses but only 1 is a felony, the offense class is the same as that of the underlying felony offense. If no underlying offense is a felony, the offense class is G.

(5) If the offender is being sentenced for an attempted felony described in section 19 of this chapter, determine the offense variable level and prior record variable level based on the underlying attempted offense.

History: Add. 1998, Act 317, Eff. Dec. 15, 1998; Am. 2000, Act 279, Eff. Oct. 1, 2000; Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007
Mich. Comp. Laws § 397.555 — MI Code / Chapter 397 / Act Act-89-of-1977 / Section 397.555
Eligibility for membership in cooperative library.
Status: in_force

Sec. 5.

To be eligible for membership in a cooperative library, a local library shall do all of the following:

Maintain a minimum local support of 3/10 of a mill on taxable value, as taxable value is calculated under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a, in the fiscal year before October 1 of the year before distribution.

Participate in the development of cooperative library plans.

Loan materials to other libraries participating in the cooperative library.

Maintain an open door policy to the residents of the state, as provided by section 9 of article VIII of the state constitution of 1963.

History: 1977, Act 89, Imd. Eff. Aug. 2, 1977; Am. 2000, Act 340, Imd. Eff. Dec. 27, 2000
Mich. Comp. Laws § 333.16285 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.16285
Telehealth service; prescribing patient with drug; conditions; requirements.
Status: in_force

Sec. 16285.

(1) A health professional who is providing a telehealth service to a patient may prescribe the patient a drug if both of the following are met:

(a) The health professional is a prescriber who is acting within the scope of his or her practice in prescribing the drug.

(b) If the health professional is prescribing a drug that is a controlled substance, the health professional meets the requirements of this act applicable to that health professional for prescribing a controlled substance.

(2) A health professional who prescribes a drug under subsection (1) shall comply with both of the following:

(a) If the health professional considers it medically necessary, he or she shall provide the patient with a referral for other health care services that are geographically accessible to the patient, including, but not limited to, emergency services.

(b) After providing a telehealth service, the health professional, or a health professional who is acting under the delegation of the delegating health professional, shall make himself or herself available to provide follow-up health care services to the patient or refer the patient to another health professional for follow-up health care services.

History: Add. 2016, Act 359, Eff. Mar. 29, 2017; Am. 2017, Act 22, Imd. Eff. Mar. 31, 2017
Mich. Comp. Laws § 554.35 — MI Code / Chapter 554 / Act R-S-of-1846 / Section 554.35
Expectant estates; qualities.
Status: in_force

Sec. 35.

Expectant estates are descendible, devisable and alienable, in the same manner as estates in possession.

History: R.S. 1846, Ch. 62; CL 1857, 2619; CL 1871, 4102; How. 5551; CL 1897, 8817; CL 1915, 11553; CL 1929, 12955; CL 1948, 554.35
Mich. Comp. Laws § 440.3504 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.3504
Presentment, notice of dishonor, or delay in giving notice of dishonor; conditions for excuse.
Status: in_force

Sec. 3504.

Presentment for payment or acceptance of an instrument is excused if ( i ) the person entitled to present the instrument cannot with reasonable diligence make presentment, ( ii ) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings, ( iii ) by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer, ( iv ) the drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted, or ( v ) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.

Notice of dishonor is excused if ( i ) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or ( ii ) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.

Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1964, Act 250, Eff. Aug. 28, 1964; Am. 1993, Act 130, Eff. Sept. 30, 1993
Mich. Comp. Laws § 209.104 — MI Code / Chapter 209 / Act Act-360-of-1927 / Section 209.104
State tax commission, duties, meetings; public officers, duties, failure, penalty.
Status: in_force

Sec. 4.

The state tax commission shall have general supervision of the administration of the tax laws of the state, and shall render such assistance and give such advice and counsel to the assessing officers of the state as they may deem necessary and essential to the proper administration of the laws governing assessments and the levying of taxes in this state. Said state tax commission shall gather each year, complete information relative to the assessment of property properly classified, the levy of taxes thereon and of the appraised value of the several classes of property exempt from taxation under the laws of this state, and such other information as said state tax commission shall deem to be of public interest. This information shall be embodied in the regular report of the state tax commission. It shall be the duty of all assessing officers of the state and all other public officers, to promptly comply with requests made by said state tax commission for information provided for in this section, and to render all possible assistance in carrying out the provisions hereof. Any assessing officer or other public officer who shall refuse to comply with the requirements of this act or who shall persistently neglect to do so, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than 50 nor more than 300 dollars.

History: 1927, Act 360, Eff. Sept. 5, 1927; CL 1929, 3713; CL 1948, 209.104
Mich. Comp. Laws § 487.1104 — MI Code / Chapter 487 / Act Act-89-of-1986 / Section 487.1104
Definitions; A to C.
Status: in_force

Sec. 104.

(1) "Affiliate" means, if used with respect to a specified person other than a natural person, a person controlling or controlled by that specified person, or a person controlled by a person that also controls the specified person.

(2) "BIDCO" means a business and industrial development company licensed under this act. The term includes a business development enterprise.

(3) "Business development enterprise" means a business and industrial development company that meets all of the following:

(a) Has as part of its business plan the objective of providing public benefit.

(b) Is licensed under this act.

(c) Is designated as a qualified business development enterprise by the Michigan strategic fund under section 304.

(4) "Business firm" means a person that transacts business on a regular and continual basis, or a person that proposes to transact business on a regular and continual basis.

(5) "Commissioner" means the commissioner of the office of financial and insurance regulation in the department of licensing and regulatory affairs.

(6) "Control" means, if used with respect to a specified person, the power to direct or cause the direction of, directly or indirectly through 1 or more intermediaries, the management and policies of that specified person, whether by contract, other than a commercial contract for goods or nonmanagement services, or otherwise. A natural person is not considered to control a person solely because he or she is a director, officer, manager, or employee of that person. A person that, directly or indirectly, has the power to vote or direct the voting of 20% or more of the total ownership vote is rebuttably presumed to control that entity.

(7) "Controlling person" means, if used with respect to a specified person, a person that controls that specified person, directly or indirectly through 1 or more intermediaries.

History: 1986, Act 89, Imd. Eff. May 1, 1986; Am. 1997, Act 150, Imd. Eff. Dec. 2, 1997; Am. 2012, Act 358, Imd. Eff. Dec. 13, 2012
Mich. Comp. Laws § 211.693 — MI Code / Chapter 211 / Act Act-55-of-1956 / Section 211.693
Affidavit; filing; notice to taxpayer.
Status: in_force

Sec. 3.

Not later than the next business day after the date of the jurat of an affidavit under section 2, the treasurer shall record the affidavit or a true copy of the affidavit with the register of deeds of the county in which the property was located on the tax day, in the same manner as is provided by law for the filing and recording of financing statements with registers of deeds under part 5 of article 9 of the uniform commercial code, 1962 PA 174, MCL 440.9501 to 440.9526. The treasurer shall at the same time notify the assessed taxpayer of the recording by mailing notice to the taxpayer at the address at which the personal property taxed is then located, or if the location is unknown, to the address where the personal property was located on the tax day, and shall attach a copy of the affidavit to the notice. The failure to mail a notice does not affect the validity of the jeopardy tax or impair the lien imposed under section 4.

History: 1956, Act 55, Imd. Eff. Apr. 2, 1956; Am. 2018, Act 191, Eff. Sept. 18, 2018
Mich. Comp. Laws § 32.1061 — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1061
Referring record to state staff judge advocate; review and opinion.
Status: in_force

Sec. 61.

Except as provided in section 71 and before taking action in a general court-martial, the convening authority shall refer the record of each general court-martial to the state staff judge advocate who shall review the record and submit a written opinion on the record to the convening authority. The review must include a summary of the evidence in the case, an opinion as to the adequacy and weight of the evidence, the effect of any error or irregularity reflecting the proceedings, and a specific recommendation as to the action to be taken by the convening authority. If the final action of the court resulted in an acquittal of the charges and specifications, the opinion must be limited to questions of jurisdiction.

History: 1980, Act 523, Eff. Mar. 31, 1981; Am. 2024, Act 77, Imd. Eff. July 8, 2024
Mich. Comp. Laws § 550.1504 — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1504
Reimbursement arrangements; goals; definitions; supplemental efforts.
Status: in_force

Sec. 504.

(1) A health care corporation shall, with respect to providers, contract with or enter into a reimbursement arrangement to assure subscribers reasonable access to, and reasonable cost and quality of, health care services, in accordance with the following goals:

(a) There will be an appropriate number of providers throughout this state to assure the availability of certificate-covered health care services to each subscriber.

(b) Providers will meet and abide by reasonable standards of health care quality.

(c) Providers will be subject to reimbursement arrangements that will assure a rate of change in the total corporation payment per member to each provider class that is not higher than the compound rate of inflation and real economic growth.

(2) As used in this section:

(a) "Gross national product in constant dollars" means that term as defined and annually published by the United States department of commerce, bureau of economic analysis.

(b) "Implicit price deflator for gross national product" means that term as defined and annually published by the United States department of commerce, bureau of economic analysis.

(c) "Inflation" or "I" means the arithmetic average of the percentage changes in the implicit price deflator for gross national product over the 2 calendar years immediately preceding the year in which the commissioner's determination is being made.

(d) "Compound rate of inflation and real economic growth" means the ratio of the quantity "100 plus inflation", multiplied by the quantity "100 plus real economic growth", to 100; minus 100; or as expressed in the following formula:

( (100 + I) x (100 + REG) ) ( 100 ) -100 ( )

(

(100 + I) x (100 + REG)

)

(

100

) -100

(

)

(e) "Rate of change in the total corporation payment per member to each provider class" means the arithmetic average of the percentage changes in the corporation payment per member for that provider class over the 2 years immediately preceding the commissioner's determination.

(f) "Real economic growth" or "REG" means the arithmetic average of the percentage changes in the per capita gross national product in constant dollars over the 4 calendar years immediately preceding the year in which the commissioner's determination is being made.

(3) Nothing in this section shall preclude efforts by a health care corporation supplemental to the goals prescribed in subsection (1).

History: 1980, Act 350, Eff. Apr. 3, 1981
Mich. Comp. Laws § 333.18261 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.18261
Rules; conviction of listed offense; denial or revocation of license; hearing.
Status: in_force

Sec. 18261.

(1) Notwithstanding sections 16221, 16226, and 16245, the department shall include in rules promulgated under sections 18257 and 18259 that an application for a license under this part will be denied if the applicant's criminal history check required by section 16174 reveals that he or she was convicted of a listed offense, and that a licensee's license will be permanently revoked if he or she is convicted of a listed offense while licensed under this part.

(2) The department shall provide an opportunity for a hearing under section 16232 to an individual whose application is denied or whose license is permanently revoked under the rules promulgated under subsection (1).

History: Add. 2016, Act 403, Eff. Apr. 3, 2017
Mich. Comp. Laws § 32.1016 — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1016
Kinds of courts-martial.
Status: in_force

Sec. 16.

The 3 kinds of courts-martial in the state military forces are:

(a) General courts-martial, consisting of a military judge and not less than 8 members; or only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of the military judge and the military judge approves.

(b) Special courts-martial consisting of a military judge and not less than 4 members; or only a military judge, if the accused under the same conditions as those prescribed in subdivision (a), requests a court composed only of the military judge.

(c) Summary courts-martial, consisting of 1 commissioned officer of field grade rank or above who is certified for that duty by the state staff judge advocate and who is not a member of the accused's unit.

History: 1980, Act 523, Eff. Mar. 31, 1981; Am. 1990, Act 300, Imd. Eff. Dec. 14, 1990; Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005; Am. 2024, Act 77, Imd. Eff. July 8, 2024
Mich. Comp. Laws § 720.217 — MI Code / Chapter 720 / Act Act-194-of-1947 / Section 720.217
County public administrator; report by fiduciary as to facts causing delay and preventing closing of estate.
Status: in_force

Sec. 17.

Whenever any county public administrator shall have been appointed fiduciary of any estate by virtue of the provisions of this act, and more than 1 year shall have elapsed since the date of issuance of letters of administration to such fiduciary, and said estate shall not have been closed, the said fiduciary shall in writing inform the state public administrator of the facts and circumstances preventing the closing of such estate.

History: 1947, Act 194, Imd. Eff. June 12, 1947; CL 1948, 720.217