FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 390.772 — MI Code / Chapter 390 / Act Act-142-of-1964 / Section 390.772
Failure to meet standards; resulting courses of action.
Status: in_force

Sec. 2.

If such an educational institution fails to meet minimum standards specified by the state department of education, the department may enjoin the institution to meet the requirements within a specified period of time. If the institution fails to do so, the department may take such legal action as it deems necessary to cause the owners or administrators of the institution to refrain from offering any part or all of such educational programs which the department shall have found to be inadequate. It is the intent of this act that such educational institutions shall meet minimum standards equivalent to those for institutions incorporated under the provisions of Act No. 327 of the Public Acts of 1931, as amended.

History: 1964, Act 142, Eff. Aug. 28, 1964; Am. 1969, Act 167, Imd. Eff. Aug. 5, 1969
Mich. Comp. Laws § 500.3573 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3573
Operation of health care delivery system not meeting requirements of act; permitted conduct; limitations.
Status: in_force

Sec. 3573.

(1) A person that proposes to operate a system of health care delivery and financing to be offered to individuals, whether or not as members of groups, in exchange for a fixed payment and to be organized so that providers and the organization are in some part at risk for the cost of services in a manner similar to a health maintenance organization, but that fails to meet the requirements of this act for a health maintenance organization, may operate the system of health care delivery and financing if the director finds that the proposed operation will benefit persons who will be served by it. The director shall authorize and regulate the operation of the system in the same manner as a health maintenance organization under this act, including the filing of periodic reports, except to the extent that the director finds that the regulation is inappropriate to the system of health care delivery and financing.

(2) A person operating a system of health care delivery and financing under this section shall not advertise or solicit or in any way identify itself in a manner implying to the public that it is a health maintenance organization authorized under this act.

History: Add. 2000, Act 252, Imd. Eff. June 29, 2000; Am. 2016, Act 276, Imd. Eff. July 1, 2016
Mich. Comp. Laws § 436.1515 — MI Code / Chapter 436 / Act Act-58-of-1998 / Section 436.1515
Class “C” license or tavern license for certain golf courses; transfer of license to another location prohibited; surrender of license.
Status: in_force

Sec. 515.

The commission may issue in a county with a population of 1,000,000 or more, without regard to the quota provisions of section 531, a class C license for a golf course that is owned by a county, city, village, or township and is open to the public.

The commission may issue in a county with a population of between 500,000 and 700,000, without regard to the quota provisions of section 531, 1 tavern license for a golf course that is owned by a city with a population of over 190,000 but under 300,000 and is open to the public.

The commission shall not transfer a license issued under this section to another location. If a licensee who receives a license under this section goes out of business, the license issued under this section shall be surrendered to the commission.

History: 1998, Act 58, Imd. Eff. Apr. 14, 1998; Am. 2004, Act 192, Imd. Eff. July 8, 2004
Mich. Comp. Laws § 211.211a — MI Code / Chapter 211 / Act Act-62-of-1933 / Section 211.211a
Intercounty intermediate school district; maximum tax rate.
Status: in_force

Sec. 11a.

Notwithstanding any other provision of this act, the county tax allocation board of a county containing other than the greatest part of the area of an intercounty intermediate school district shall approve a maximum tax rate for that district, determined in accordance with section 14a. The provisions of this section shall not result in a grant by an allocation board of a tax rate to the intercounty intermediate school district in excess of the rate required according to its proposed budget.

History: Add. 1964, Act 278, Eff. Aug. 28, 1964; Am. 1994, Act 190, Imd. Eff. June 21, 1994
Mich. Comp. Laws § 750.81e — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.81e
Assault or battery of employee or contractor of public utility; violation as misdemeanor or felony; penalty; other violations; definitions.
Status: in_force

Sec. 81e.

(1) Except as otherwise provided in this section, a person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(2) A person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility causing the individual bodily injury requiring medical attention or medical care is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

(3) A person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility causing the individual serious impairment of a body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.

(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section.

(5) As used in this section:

(a) "Public utility" means a utility that provides steam, gas, heat, electricity, water, cable television, telecommunications services, or pipeline services, whether privately, municipally, or cooperatively owned.

(b) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

History: Add. 2010, Act 131, Eff. Oct. 19, 2010
Mich. Comp. Laws § 722.830 — MI Code / Chapter 722 / Act Act-13-of-1988 / Section 722.830
Conditional effective date.
Status: in_force

Sec. 10.

This act shall not take effect unless Senate Bill No. 602 of the 84th Legislature is enacted into law.

History: 1988, Act 13, Eff. Apr. 1, 1988
Mich. Comp. Laws § 205.56b — MI Code / Chapter 205 / Act Act-167-of-1933 / Section 205.56b
Returned goods or motor vehicle; tax credit.
Status: in_force

Sec. 6b.

A taxpayer may claim a credit or refund for returned goods or a refund less an allowance for use made for a motor vehicle returned under 1986 PA 87, MCL 257.1401 to 257.1410, as certified by the manufacturer on a form provided by the department.

History: Add. 2004, Act 173, Eff. Sept. 1, 2004
Mich. Comp. Laws § 600.4431 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.4431
Mandamus; damages; costs; public officer.
Status: in_force

Sec. 4431.

Damages and costs may be awarded in an action for mandamus. No damages may be allowed in mandamus against a public officer who, in good faith, acted erroneously.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 400.182 — MI Code / Chapter 400 / Act Act-14-of-1959 / Section 400.182
Commodities surplus food distribution; transfer of staff, records, files and property.
Status: in_force

Sec. 2.

All of the staff, records, files and other property including property held in trust belonging to the commodities surplus food distribution section within the department of administration shall be transferred to the department of social welfare and shall be continued as part of the staff, records, files and property of the department of social welfare.

History: 1959, Act 14, Eff. Mar. 19, 1960
Mich. Comp. Laws § Article V § 2 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article V § 2
Principal departments.
Status: in_force

Sec. 2.

All executive and administrative offices, agencies and instrumentalities of the executive branch of state government and their respective functions, powers and duties, except for the office of governor and lieutenant governor, and the governing bodies of institutions of higher education provided for in this constitution, shall be allocated by law among and within not more than 20 principal departments. They shall be grouped as far as practicable according to major purposes.

Subsequent to the initial allocation, the governor may make changes in the organization of the executive branch or in the assignment of functions among its units which he considers necessary for efficient administration. Where these changes require the force of law, they shall be set forth in executive orders and submitted to the legislature. Thereafter the legislature shall have 60 calendar days of a regular session, or a full regular session if of shorter duration, to disapprove each executive order. Unless disapproved in both houses by a resolution concurred in by a majority of the members elected to and serving in each house, each order shall become effective at a date thereafter to be designated by the governor.

Notwithstanding any other provision of this constitution or any prior judicial decision, as of the effective date of the constitutional amendment adding this provision, which amends article IV, sections 1 through 6, article V, sections 1, 2 and 4, and article VI, sections 1 and 4, including this provision, for purposes of interpreting this constitutional amendment the people declare that the powers granted to independent citizens redistricting commission for state and congressional districts (hereinafter, "commission") are legislative functions not subject to the control or approval of the governor, and are exclusively reserved to the commission. The commission, and all of its responsibilities, operations, functions, contractors, consultants and employees are not subject to change, transfer, reorganization, or reassignment, and shall not be altered or abrogated in any manner whatsoever, by the governor. No other body shall be established by law to perform functions that are the same or similar to those granted to the commission in article IV, section 6.

History: Const. 1963, Art. V, § 2, Eff. Jan. 1, 1964; Am. Initiated Law, approved Nov. 6, 2018, Eff. Dec. 22, 2018
Mich. Comp. Laws § 168.936 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.936
Perjury; penalty.
Status: in_force

Sec. 936.

Any person found guilty of perjury under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison for a term not exceeding 5 years, or by both such fine and imprisonment in the discretion of the court.

History: 1954, Act 116, Eff. June 1, 1955
Mich. Comp. Laws § 339.2663 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.2663
Conduct requiring license; exceptions.
Status: in_force

Sec. 2663.

(1) Except as provided in subsection (2), a person shall not do any of the following in this state without a license issued by the department under this article:

(a) Directly or indirectly engage or attempt to engage in business as an appraisal management company.

(b) Directly or indirectly perform or attempt to perform appraisal management services.

(c) Advertise or hold itself out as engaging in or conducting business as an appraisal management company.

(d) Use the term "appraisal management company", "mortgage technology company", or any similar term that tends to indicate the person is licensed under this act.

(2) This article does not apply to any of the following:

(a) A person that exclusively engages individuals on an employer-employee basis to perform real estate appraisal services in the normal course of its business and that is responsible for ensuring that the real estate appraisal services performed by its employees comply with the uniform standards of professional appraisal practice.

(b) A person that in the normal course of business enters into an agreement, whether written or otherwise, with an independent contractor appraiser for that appraiser to perform real estate appraisal services and, when the appraisal is complete, cosigns the report with that independent contractor appraiser.

(c) A federally regulated appraisal management company, except as related to the information and fees collected by the department that is to be transmitted to the appraisal subcommittee of the Federal Financial Institutions Examination Council established under section 1004 of the financial institutions regulatory and interest rate control act of 1978, Public Law 95-630, 12 USC 3303.

History: Add. 2012, Act 505, Eff. Apr. 1, 2014; Am. 2020, Act 250, Imd. Eff. Dec. 22, 2020
Mich. Comp. Laws § 700.7913 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.7913
Certificate of trust.
Status: in_force

Sec. 7913.

(1) Instead of furnishing a copy of the trust instrument to a person other than a trust beneficiary, the trustee may furnish to the person a certificate of trust that must include all of the following information:

(a) The name of the trust, the date of the trust, and the date of each operative trust instrument.

(b) The name and address of each current trustee.

(c) The powers of the trustee relating to the purposes for which the certificate of trust is being offered.

(d) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.

(e) The authority of cotrustees to sign on behalf of the trust or otherwise authenticate on behalf of the trust and whether all or less than all of the cotrustees are required to exercise powers of the trustee.

(2) A certificate of trust may be signed or otherwise authenticated by the settlor, any trustee, or an attorney for the settlor or trustee. The certificate must be in the form of an affidavit.

(3) A certificate of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations included in the certificate of trust to be incorrect.

(4) A certificate of trust need not include the dispositive terms of the trust instrument.

(5) A recipient of a certificate of trust may require the trustee to furnish copies of those excerpts from each trust instrument that designate the trustee and confer on the trustee the power to act in the pending transaction.

(6) A person that acts in reliance on a certificate of trust without knowledge that the representations included in the certificate of trust are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the trust and other facts included in the certificate of trust.

(7) A person that in good faith enters into a transaction in reliance on a certificate of trust may enforce the transaction against the trust property as if the representations included in the certificate of trust were correct.

(8) A person that makes a demand for the trust instrument in addition to a certificate of trust or excerpts of the trust instrument is liable for damages, costs, expenses, and legal fees if the court determines that the person that made the demand did not act pursuant to a legal requirement to demand the trust instrument.

(9) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding that concerns the trust.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010; Am. 2018, Act 491, Imd. Eff. Dec. 27, 2018
Mich. Comp. Laws § 752.529 — MI Code / Chapter 752 / Act R-S-of-1846 / Section 752.529
Religious meeting, disturbance, carrying on certain business within two miles, obstruction of highway; commitment to jail if penalty not paid.
Status: in_force

Sec. 29.

If any person convicted of any of the offenses herein prohibited, shall not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satisfaction of the officer before whom the conviction shall be had, for the payment of the said penalty and costs within 20 days thereafter, he shall be committed by warrant to the common jail of the county, until the same be paid, or for such term, not exceeding 30 days, as shall be specified in the warrant.

History: R.S. 1846, Ch. 158; CL 1857, 5884; CL 1871, 7718; How. 9304; CL 1897, 11717; CL 1915, 15492; CL 1929, 16843; CL 1948, 752.529
Mich. Comp. Laws § 324.11573 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11573
Planning committee; responsibilities.
Status: in_force

Sec. 11573.

In addition to its other responsibilities under part 115, the planning committee shall do all of the following:

(a) Direct the DPA in the preparation of the MMP.

(b) Review and approve the DPA's work program under section 11587(4).

(c) Identify relevant local materials management policies and priorities.

(d) Ensure coordination in the preparation of the MMP.

(e) Advise counties and municipalities with respect to the MMP.

(f) Ensure that the DPA is fulfilling the requirements of part 115 as to both the content of the MMP and public participation. The planning committee shall notify the DPA of any deficiencies. If the deficiencies are not addressed by the DPA to the planning committee's satisfaction, the planning committee shall notify the CAA. If the deficiencies are not addressed by the CAA to the planning committee's satisfaction, the planning committee shall notify the department. The department shall address the deficiencies and may prepare the MMP under section 11575(11).

History: Add. 2022, Act 250, Eff. Mar. 29, 2023
Mich. Comp. Laws § 500.8145 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.8145
Disposition of unclaimed or withheld funds.
Status: in_force

Sec. 8145.

All unclaimed funds subject to distribution remaining in the liquidator's hands when he or she is ready to apply to the court for discharge, including the amount distributable to a creditor, shareholder, member, or other person who is unknown or cannot be found, shall be deposited with the state treasurer, and shall be paid without interest except in accordance with section 8142 to the person entitled or his or her legal representative upon proof of right to it satisfactory to the state treasurer. An amount on deposit not claimed within 6 years from the discharge of the liquidator shall be considered to have been abandoned, shall escheat to the state without formal escheat proceedings, and shall be deposited in the general fund.

All funds withheld under section 8137 and not distributed shall be deposited, upon discharge of the liquidator, with the state treasurer and paid by him or her in accordance with section 8142. Sums remaining which under section 8142 would revert to the undistributed assets of the insurer shall be transferred to the state treasurer and become the property of the state under subsection (1), unless the commissioner in his or her discretion petitions the court to reopen the liquidation under section 8147.

History: Add. 1989, Act 302, Imd. Eff. Jan. 3, 1990
Mich. Comp. Laws § 550.910 — MI Code / Chapter 550 / Act Act-218-of-1984 / Section 550.910
Third party administrator; certificate required; requirements; instances in which TPA subject to act; name.
Status: in_force

Sec. 10.

A person shall not operate as a third party administrator without obtaining and maintaining a certificate of authority pursuant to this act.

A third party administrator shall continue to meet the requirements of this act at all times.

A third party administrator is subject to this act in the following instances:

The TPA is domiciled in this state.

The TPA has its principal administrative office or principal headquarters located in this state.

The TPA solicits a plan or sponsor of a plan or provides administrative services to a plan or sponsor of a plan, which plan or sponsor is either domiciled in this state or has its principal headquarters or principal administrative office in this state. This subdivision shall not apply to a TPA who has been licensed or certified as a TPA in that TPA's state of domicile pursuant to a statute or regulation similar to this act.

The TPA provides substantial administrative services to a carrier for the carrier's business in this state.

Each TPA shall transact its business under its own name. A TPA shall not be permitted to do business in this state under a name which is the same as or which closely resembles the name of a TPA which is authorized to do business under the laws of this state.

History: 1984, Act 218, Eff. Jan. 1, 1985
Mich. Comp. Laws § 257.61 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.61
“Spacings between axles” defined.
Status: in_force

Sec. 61.

"Spacings between axles" means the distance from axle center to axle center.

History: 1949, Act 300, Eff. Sept. 23, 1949
Mich. Comp. Laws § 722.1201 — MI Code / Chapter 722 / Act Act-195-of-2001 / Section 722.1201
Initial child-custody determination; jurisdiction.
Status: in_force

Sec. 201.

Except as otherwise provided in section 204, a court of this state has jurisdiction to make an initial child-custody determination only in the following situations:

This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.

A court of another state does not have jurisdiction under subdivision (a), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 207 or 208, and the court finds both of the following:

The child and the child's parents, or the child and at least 1 parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.

Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.

All courts having jurisdiction under subdivision (a) or (b) have declined to exercise jurisdiction on the grounds that a court of this state is the more appropriate forum to determine the custody of the child under section 207 or 208.

No court of another state would have jurisdiction under subdivision (a), (b), or (c).

Subsection (1) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.

Physical presence of, or personal jurisdiction over, a party or a child is neither necessary nor sufficient to make a child-custody determination.

History: 2001, Act 195, Eff. Apr. 1, 2002