FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 487.12402 — MI Code / Chapter 487 / Act Act-276-of-1999 / Section 487.12402
Appointment of receiver; conditions; procedures.
Status: in_force

Sec. 2402.

If a bank has refused to pay its deposits or obligations in accordance with the terms under which the deposits or obligations were incurred, becomes insolvent, refuses to submit its books, papers, and records for inspection by the commissioner, or if the bank appears to the commissioner that the bank is in an unsafe or unsound condition, the commissioner shall either appoint a conservator under section 2406 or apply to the circuit court for Ingham county or for the county in which the bank is located for the appointment of a receiver for the bank.

In any proceeding for the appointment of a receiver, the commissioner shall request that the court appoint the federal deposit insurance corporation as the receiver if the deposits in the bank are insured to any extent by the corporation. The court may act upon the application immediately and without notice to any person. If at any time it appears to the court that the claimed reasons for receivership do not exist, the court shall dissolve the receivership and terminate the proceedings.

The federal deposit insurance corporation may act as receiver without bond. All other receivers, with the exception of the bureau employee appointed as receiver in his or her official capacity, shall post a bond in an amount to be determined by the court.

If the deposits of a bank described in subsection (1) are not insured by the federal deposit insurance corporation, the commissioner may elect not to seek appointment of a receiver for the bank. If a receiver is not sought, the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098, governing insolvent business corporations, title 11 of the United States Code, being section 11 U.S.C. 101, governing bankruptcy, and sections 5201 to 5265 of the revised judicature act of 1961, MCL 600.5201 to 600.5265, governing assignments for the benefit of creditors, shall apply to the insolvent bank.

The receiver shall on a regular basis report to the commissioner regarding all matters involving the receivership.

If any bank has been closed and placed in receivership, and the federal deposit insurance corporation pays or makes available for payment the insured deposit liabilities of the closed bank, the corporation, whether or not it has become receiver of the bank, is subrogated to all of the rights of the owners of the deposits against the closed bank in the same manner and to the same extent as subrogation of the corporation is provided for in the federal deposit insurance act.

History: 1999, Act 276, Eff. Mar. 1, 2000
Mich. Comp. Laws § 487.2157 — MI Code / Chapter 487 / Act Act-244-of-2005 / Section 487.2157
Rescission of agreement; redemption of check by drawer.
Status: in_force

Sec. 37.

(1) A drawer may rescind a deferred presentment service agreement without cost to the drawer and for any reason if the drawer, not later than the close of business on the business day following the date of the deferred presentment service transaction, either delivers to the licensee cash in an amount equal to the amount the drawer received if the drawer received cash in the transaction or returns to the licensee the licensee's check the drawer received if the drawer received a check from the licensee in the transaction. The licensee shall return to the drawer the check received in the transaction and any service fee paid by the drawer to the licensee. A drawer who rescinds an agreement under this section is not eligible for restitution under section 36 with regard to the rescinded agreement.

(2) A drawer may redeem a check from the licensee holding the check in a deferred presentment service transaction at any time before the maturity date. A licensee shall return the check to the drawer upon receipt of cash or its equivalent in the full amount of the check. A licensee shall not contract for or collect a charge for accepting partial payments from the customer if the full amount is paid by the maturity date.

History: 2005, Act 244, Imd. Eff. Nov. 28, 2005
Mich. Comp. Laws § 333.7111 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.7111
Controlled substances advisory commission; appointment and qualifications of members; ex officio members; secretary; appointment and qualifications of drug control administrator.
Status: in_force

Sec. 7111.

The controlled substances advisory commission in the department of commerce shall consist of the following 13 voting members appointed by the governor with the advice and consent of the senate:

One health care professional from each of the following boards created in article 15:

The Michigan board of medicine.

The Michigan board of osteopathic medicine and surgery.

The Michigan board of pharmacy.

The Michigan board of podiatric medicine and surgery.

The Michigan board of dentistry.

The Michigan board of veterinary medicine.

The Michigan board of nursing.

One licensed health care professional from the field of psychiatry.

One licensed health care professional from the field of pharmacology.

Three public members, 1 of whom shall serve as chairperson.

One member representing pharmaceutical manufacturers.

The director of the department of state police, director of commerce, director of public health, director of social services, superintendent of public instruction, and the attorney general, or their official designees, and the drug control administrator from within the department of commerce, who shall serve as secretary to the controlled substances advisory commission, are ex officio members without votes, but are not members for determining a quorum. The department of commerce, in consultation with the Michigan board of pharmacy, shall appoint an individual who is a licensed pharmacist to serve as the drug control administrator for purposes of this section.

History: Add. 1988, Act 60, Eff. Aug. 1, 1989; Am. 1993, Act 80, Eff. Apr. 1, 1994; Am. 1993, Act 138, Imd. Eff. Aug. 2, 1993
Mich. Comp. Laws § 339.5311 — MI Code / Chapter 339 / Act Act-407-of-2016 / Section 339.5311
Board; meetings.
Status: in_force

Sec. 311.

Unless otherwise provided in a specific article of this act, all of the following apply to the meetings of a board:

(a) A board shall meet as often as necessary to fulfill its duties under this act, but shall meet at least 2 times a year and at other dates set by the director.

(b) In addition to the meetings described in subdivision (a), special meetings of a board may be called by the chairperson or by a majority of members of the board. The department shall notify the members of the board of a special meeting at least 12 days before the date of the meeting.

(c) A majority of the members appointed and serving on a board constitute a quorum.

(d) A member of a board shall not vote by proxy.

(e) A board shall conduct its meetings pursuant to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

History: 2016, Act 407, Eff. Apr. 4, 2017
Mich. Comp. Laws § 211.44d — MI Code / Chapter 211 / Act Act-206-of-1893 / Section 211.44d
Summer property tax levy; retention of administration fees.
Status: in_force

Sec. 44d.

A local taxing unit that levied part or all of its 2002 property taxes in December in a city or township shall not increase the proportion of its mills levied in the summer in that city or township in 2003.

Notwithstanding section 44, if a county treasurer or the state treasurer collects a summer property tax levy under section 5b of the state education tax act, 1993 PA 331, MCL 211.905b, the county treasurer or the state treasurer may retain all administration fees collected in that summer property tax levy.

History: Add. 2002, Act 243, Imd. Eff. Apr. 30, 2002
Mich. Comp. Laws § 455.72 — MI Code / Chapter 455 / Act Act-39-of-1889 / Section 455.72
Highway assessments; expenditure.
Status: in_force

Sec. 22.

All moneys assessed, levied and paid upon the property of such association for highway purposes, including labor tax or assessment, shall be expended and laid out upon the highways and streets upon or running across the lands of the association at such time and times, at such place and places, and in such manner as shall be directed by the board of trustees, or by the association's superintendent of the grounds: Provided always, That such expenditure shall not in any manner do away with, lessen or abridge the jurisdiction and control of the association or its trustees over or upon such streets and highways hereinbefore granted.

History: Add. 1901, Act 57, Imd. Eff. Apr. 11, 1901; CL 1915, 10083; CL 1929, 10348; CL 1948, 455.72
Mich. Comp. Laws § 722.121c — MI Code / Chapter 722 / Act Act-116-of-1973 / Section 722.121c
Temporary operation at unlicensed location in case of disaster; new license required if remaining at new location; determination of disaster.
Status: in_force

Sec. 11c.

(1) In the case of a disaster, a child care center, group child care home, or family child care home may temporarily operate at an unlicensed location under this section. The requirements to temporarily operate at an unlicensed location under this section are as follows:

(a) The child care center, group child care home, or family child care home cannot operate in a new location until after the department has conducted an inspection and approved the new location.

(b) For a child care center, a fire safety inspection, an environmental health inspection, and, if necessary, a lead hazard risk assessment, and, for a group child care home or family child care home, an environmental health inspection, if necessary, are conducted within 45 days of the proposal of the new location. If any of the inspections find the new location to be unsafe, the child care center, group child care home, or family child care home must discontinue operation in that new location.

(2) If the child care center, group child care home, or family child care home will remain at the new location, the licensee must apply for and obtain a new license within 1 year of moving to the new location.

(3) The department shall determine what constitutes a disaster under this section.

History: Add. 2017, Act 257, Eff. Mar. 28, 2018
Mich. Comp. Laws § 254.105 — MI Code / Chapter 254 / Act Act-181-of-1921 / Section 254.105
Rentals, damages, moneys due; disposition.
Status: in_force

Sec. 5.

Any rentals, damages or other moneys becoming due and payable under any such contracts with respect to said bridge shall be paid to the state and placed to the credit of the general highway fund.

History: 1921, Act 181, Eff. Aug. 18, 1921; CL 1929, 4582; CL 1948, 254.105
Mich. Comp. Laws § 400.731a — MI Code / Chapter 400 / Act Act-218-of-1979 / Section 400.731a
Person sentenced to perform community service.
Status: in_force

Sec. 31a.

In addition to or as an alternative to imposing a term of imprisonment under this act, the court may sentence the person to perform community service as follows:

If the person is convicted of a felony, community service for not more than 160 days.

If the person is convicted of a misdemeanor, community service for not more than 80 days.

For purposes of this section, community service shall not include activities involving interaction with or care of vulnerable adults.

A person sentenced to perform community service under this section shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.

History: Add. 1994, Act 150, Imd. Eff. June 7, 1994
Mich. Comp. Laws § 15.569 — MI Code / Chapter 15 / Act Act-152-of-2011 / Section 15.569
Noncompliance by public employer; penalty.
Status: in_force

Sec. 9.

If a public employer fails to comply with this act, the public employer shall permit the state treasurer to reduce by 10% each economic vitality incentive program payment received under 2011 PA 63 and the department of education shall assess the public employer a penalty equal to 10% of each payment of any funds for which the public employer qualifies under the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, during the period that the public employer fails to comply with this act. Any reduction setoff or penalty amounts recovered shall be returned to the fund from which the reduction is assessed or upon which the penalty is determined. The department of education may also refer the penalty collection to the department of treasury for collection consistent with section 13 of 1941 PA 122, MCL 205.13.

History: 2011, Act 152, Imd. Eff. Sept. 27, 2011
Mich. Comp. Laws § 205.755 — MI Code / Chapter 205 / Act Act-186-of-1973 / Section 205.755
Correction of rolls; collection or refund of tax; commencement of time periods.
Status: in_force

Sec. 55.

Within 20 days after entry of the order, the officers charged with keeping the rolls on which the affected assessment and tax are spread shall correct the rolls and the officer charged with collecting or refunding to the affected tax shall thereafter collect or refund it, in accordance with the order.

When an appeal is taken, the time periods within which action would otherwise be taken pursuant to subsection (1) shall commence running upon entry of the final order on appeal.

History: 1973, Act 186, Eff. July 1, 1974
Mich. Comp. Laws § 141.620 — MI Code / Chapter 141 / Act Act-284-of-1964 / Section 141.620
Partial business activity in city; business allocation percentage method.
Status: in_force

Sec. 20.

The business allocation percentage method shall be used if such taxpayer is not granted approval to use the separate accounting method of allocation. The entire net profits of such taxpayer earned as a result of work done, services rendered or other business activity conducted in the city shall be ascertained by determining the total "in-city" percentages of property, payroll and sales. "In-city" percentages of property, payrolls and sales, separately computed, shall be determined in accordance with sections 21 to 24.

History: 1964, Act 284, Imd. Eff. June 12, 1964; Am. 1969, Act 42, Imd. Eff. July 17, 1969
Mich. Comp. Laws § 338.1722 — MI Code / Chapter 338 / Act Act-295-of-1972 / Section 338.1722
Reinstatement of license.
Status: in_force

Sec. 22.

Any time after suspension or revocation of a license, it may be reinstated at the discretion of the board, upon application and payment of the required fee.

History: 1972, Act 295, Eff. Mar. 30, 1973
Mich. Comp. Laws § 445.1773 — MI Code / Chapter 445 / Act Act-48-of-1990 / Section 445.1773
Notice of violation; cease and desist order; opportunity to confer; service.
Status: in_force

Sec. 3.

If the attorney general has reason to believe that a person has engaged, is engaging, or is about to engage in an act that violates section 2, he or she shall notify the person of the violation and order the person to cease and desist from the act and provide the person the opportunity to confer with the attorney general in person, by counsel, or by other representative.

The notice may be given to the person by mail, postage prepaid, to his or her usual place of business or, if the person does not have a usual place of business, to his or her last known address, or, with respect to a corporation, to the resident agent who is designated to receive service of process or to an officer of the corporation.

A prosecuting attorney or law enforcement officer having reason to believe an alleged violation of this act has occurred shall immediately forward written notice of the alleged violation, together with any information he or she may have, to the attorney general.

History: 1990, Act 48, Eff. Mar. 28, 1991
Mich. Comp. Laws § 3.993 — MI Code / Chapter 3 / Act Act-247-of-2001 / Section 3.993
Legislative intent.
Status: in_force

Sec. 3.

It is the intent of the legislature to read this act in conjunction with Senate Bill No. 715 of the 91st Legislature.

History: 2001, Act 247, Imd. Eff. Jan. 8, 2002
Mich. Comp. Laws § 554.33 — MI Code / Chapter 554 / Act R-S-of-1846 / Section 554.33
Expectant estates; authorized method of defeasance, effect on original validity.
Status: in_force

Sec. 33.

The last preceding section shall not be construed to prevent an expectant estate from being defeated in any manner, or by any act or means which the party creating such estate shall, in the creation thereof, have provided or authorized; nor shall an expectant estate thus liable to be defeated, be on that ground adjudged void in its creation.

History: R.S. 1846, Ch. 62; CL 1857, 2617; CL 1871, 4100; How. 5549; CL 1897, 8815; CL 1915, 11551; CL 1929, 12953; CL 1948, 554.33
Mich. Comp. Laws § 141.686 — MI Code / Chapter 141 / Act Act-284-of-1964 / Section 141.686
Failure to pay tax; demand; recovery; prosecution.
Status: in_force

Sec. 86.

If an employer or taxpayer files a return showing the amount of tax or withholding due the city or the department, but fails to pay the amount to the city or the department, the administrator or the department is not required to issue a proposed assessment, notice of intent to assess, or a final assessment. The administrator or the department shall issue a 10-day demand for payment and if no payment or satisfactory evidence of payment is made in the 10 days the administrator or the department may recover the tax with interest and penalties in the name of the city in any court of competent jurisdiction as other debts are recoverable, or prosecute for violation of this ordinance under section 99, or both.

History: 1964, Act 284, Imd. Eff. June 12, 1964; Am. 1971, Act 169, Imd. Eff. Dec. 2, 1971; Am. 1996, Act 478, Eff. Jan. 1, 1997
Mich. Comp. Laws § 338.2238a — MI Code / Chapter 338 / Act Act-152-of-1979 / Section 338.2238a
Appraisal management company; licensure fees.
Status: in_force

Sec. 38a.

Fees for a person licensed or seeking licensure as a state licensed appraisal management company under article 26A of the occupational code, MCL 339.2661 to 339.2677, are as follows:

(a) Application processing fee $ 500.00. (b) License fee, per year $ 500.00.

(a) Application processing fee

$ 500.00.

(b) License fee, per year

$ 500.00.

History: Add. 2012, Act 426, Eff. Apr. 1, 2014
Mich. Comp. Laws § 600.4065 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.4065
Evidence in criminal proceedings; disclosure.
Status: in_force

Sec. 4065.

No disclosure made under the provisions of the garnishment statutes or rules shall be used in evidence upon a criminal prosecution except upon a prosecution of the garnishee for perjury in making his disclosure.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 600.1029 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.1029
Proceedings not requiring fee.
Status: in_force

Sec. 1029.

A fee shall not be charged for any of the following in the family division of circuit court:

Commencing an ancillary proceeding under any provision of the mental health code, Act No. 258 of the Public Acts of 1974, being sections 330.1001 to 330.2106 of the Michigan Compiled Laws, or any provision of chapter XIIA of Act No. 288 of the Public Acts of 1939, being sections 712A.1 to 712A.31 of the Michigan Compiled Laws.

Filing an acknowledgment of paternity.

Filing a motion, petition, account, objection, or claim in an ancillary guardianship or limited guardianship proceeding if the moving party is the subject of the proceeding.

An ancillary conservatorship proceeding if the moving party is the subject of the proceeding, or in the case of a conservatorship for a minor for a motion to release restricted funds.

History: Add. 1996, Act 388, Eff. Jan. 1, 1998
Mich. Comp. Laws § 500.2101 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.2101
Meanings of words and phrases.
Status: in_force

Sec. 2101.

For purposes of this chapter, the words and phrases defined in sections 2102 to 2104 have the meanings ascribed to them in those sections.

History: Add. 1979, Act 145, Eff. Jan. 1, 1980
Mich. Comp. Laws § 257.811k — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.811k
Michigan lighthouse preservation grant fund; creation and expenditure of fund; annual accounting; grant awards; transfer and disposition of collected donations; "state historic preservation office" defined.
Status: in_force

Sec. 811k.

(1) The Michigan lighthouse preservation grant fund is created as a separate fund in the department of treasury. The fund shall be expended only as provided in this section. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. The state treasurer shall annually present to the state historic preservation office an accounting of the amount of money in the fund. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(2) The state historic preservation office shall administer the Michigan lighthouse preservation fund and may expend money from that fund through discretionary historical grants to preserve Michigan lighthouses. The state historic preservation office shall use not more than 10% of the funds for costs that occur from fund administration and grant project coordination.

(3) The state historic preservation office may award grants under subsection (2) for the preparation of plans and specifications for restoration and stabilization and for stabilization, rehabilitation, or other preservation work on a Michigan lighthouse, but grants shall not be awarded for operational purposes. The state historic preservation office shall allocate grant funds pursuant to eligibility and scoring requirements established by the state historic preservation office. To award grants under this section, the state historic preservation office shall solicit applications from eligible recipients, score applications based on the established criteria, and award grants through executed contracts. All plans and work performed under a grant shall be consistent with the United States secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings, 36 CFR part 67, historic preservation certifications.

(4) Fund-raising donations for plates recognizing the historical lighthouses of this state under sections 811f and 811g shall be transferred under section 811h by the secretary of state to the state treasurer, who shall credit the donation money to the Michigan lighthouse preservation grant fund for the preservation of historic Michigan lighthouses.

(5) As used in this section, "state historic preservation office" means the state historic preservation office of the Michigan state housing development authority.

History: Add. 2000, Act 73, Eff. Mar. 28, 2001; Am. 2006, Act 298, Imd. Eff. July 20, 2006; Am. 2012, Act 55, Eff. June 30, 2012
Mich. Comp. Laws § 324.47301 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.47301
Fish in Great Lakes; property of state.
Status: in_force

Sec. 47301.

All fish of whatever kind found in the waters of Lakes Superior, Michigan, Huron, and Erie, commonly known as the Great Lakes, the bays of the Great Lakes, and the connecting waters between those lakes within the jurisdiction of this state are the property of the state, and taking the fish from those waters is a privilege. All fish in waters described in this section shall be taken, transported, sold, and possessed only in accordance with this part.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995