FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 440.4214 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.4214
Right to charge-back or refund.
Status: in_force

Sec. 4214.

If a collecting bank has made provisional settlement with its customer for an item and itself fails by reason of dishonor, suspension of payments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account or obtain refund from its customer whether or not it is able to return the items if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain return from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge-back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final.

A collecting bank returns an item when it is sent or delivered to the bank's customer or transferor or pursuant to its instructions.

A depositary bank that is also the payor may charge-back the amount of an item to its customer's account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (section 4301).

The right to charge-back is not affected by either of the following:

Previous use of a credit given for the item.

Failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable.

A failure to charge-back or claim refund does not affect other rights of the bank against the customer or any other party.

If credit is given in dollars as the equivalent of the value of an item payable in a foreign money the dollar amount of any charge-back or refund shall be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1993, Act 130, Eff. Sept. 30, 1993
Mich. Comp. Laws § 333.2830 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2830
Adoption of child born outside United States, territory of United States, or Canada; filing, form, and contents of delayed registration of birth; petition for issuance of delayed registration of birth; entering change of name.
Status: in_force

Sec. 2830.

(1) If a child whose birth occurred outside the United States, a territory of the United States, or Canada is adopted by a resident of this state under the laws of this state or under the laws of a foreign country, the probate court, on motion of the adopting parent, may file a delayed registration of birth on a form provided by the department. The delayed registration shall contain the date and place of birth and other facts specified by the department.

(2) If the date and place of birth of a child described in subsection (1) cannot be documented from foreign records or a medical assessment of the development of the child indicates that the date of birth as stated in the immigration records is not correct, the court shall determine the facts and establish a date and place of birth and may file a delayed registration of birth as provided in subsection (1).

(3) Upon the petition of a child adopted in this state whose birth occurred outside the United States, a territory of the United States, or Canada, or a petition of the child's adoptive parents, the court that issued an order of adoption for that child before the effective date of this section may issue a delayed registration of birth for the adopted child as provided in subsection (1).

(4) A probate court may, at the request of the adopting parent when filing a delayed registration of birth under subsection (1), enter a new name for the child on the delayed registration of birth. After the filing of a delayed registration of birth that includes a change of name, the new name shall be the legal name of the adopted child.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1994, Act 242, Eff. July 5, 1994; Am. 2005, Act 22, Imd. Eff. May 19, 2005
Mich. Comp. Laws § 324.80144 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.80144
Operation of vessels; rules; violation; fine.
Status: in_force

Sec. 80144.

(1) When vessels are being operated in such a manner as to make collision imminent or likely, the following apply:

(a) When 2 vessels are approaching each other head-on, or nearly so, the operator of each shall cause his or her vessel to pass on the port side of the other.

(b) When overtaking a vessel proceeding in the same direction, the operator of the overtaking vessel, unless it is not feasible to do so, shall pass on the port side of the vessel ahead.

(c) When 2 vessels are approaching each other at right angles or obliquely so as to involve risk of collision, other than when 1 vessel is overtaking another, the operator of the vessel that has the other on his or her own port side shall hold his or her course and speed, and the operator of the vessel that has the other on his or her own starboard side shall give way to the other by directing his or her course to starboard so as to cross the stern of the other vessel or, if necessary to do so, shall slacken his or her speed, stop, or reverse.

(d) When a motorboat and a vessel under sail are proceeding in a manner that involves a risk of collision, the operator of the motorboat shall give way to the vessel under sail.

(e) When a motorboat and a vessel not propelled by sail or mechanical means are proceeding in a manner that involves risk of collision, the operator of the motorboat shall give way to the other vessel.

(f) When, by any of the rules provided in this section, the operator of a vessel is required to give way to the other, the operator of the other vessel shall maintain his or her direction and speed.

(2) This section does not relieve the operator of a vessel otherwise privileged by this section from the duty to operate with due regard for the safety of all persons using the waters of this state.

(3) A person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995; Am. 2007, Act 8, Imd. Eff. May 11, 2007
Mich. Comp. Laws § 324.80170 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.80170
Violation by officer, magistrate, or district court judge as misconduct in office; removal from office; applicability and construction of MCL 324.80168 and 324.80169.
Status: in_force

Sec. 80170.

Any officer, magistrate, or district court judge violating section 80168 or 80169 is guilty of misconduct in office and is subject to removal from office.

Sections 80168 and 80169 govern all peace officers in making arrests without a warrant for violations of this part and do not prevent the execution of a warrant for the arrest of the person as in other cases of misdemeanors when it may be necessary.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 462.321 — MI Code / Chapter 462 / Act Act-354-of-1993 / Section 462.321
Acquisition of property rights by condemnation.
Status: in_force

Sec. 321.

If a railroad and road authority enter into an agreement or if the department orders or otherwise authorizes the construction, relocation, or improvement of a railroad crossing at grade, the construction of a grade separation structure, the reconstruction of an existing grade separation, the alteration of existing grade separations for increased highway or railroad facilities, or the establishment of a clear vision area, the right-of-way and other property rights necessary for the project, unless otherwise agreed upon, shall be acquired by condemnation in the same manner as property is acquired for other highway purposes.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Mich. Comp. Laws § 445.1111 — MI Code / Chapter 445 / Act Act-332-of-1965 / Section 445.1111
Effect of compliance with truth in lending act.
Status: in_force

Sec. 111.

Compliance with the requirements of the truth in lending act, title I of Public Law 90-321, 15 U.S.C. 1601 to 1608, 1610 to 1613, 1615, 1631 to 1635, 1637 to 1638, 1640 to 1647, and 1661 to 1667e, is compliance with the disclosure provisions of section 203(b), (c), (d), (e), (f), (g), (h), (i), (j), and (k), and section 204a(3).

History: Add. 1969, Act 30, Imd. Eff. July 10, 1969; Am. 1985, Act 202, Imd. Eff. Dec. 27, 1985; Am. 1993, Act 97, Imd. Eff. July 13, 1993
Mich. Comp. Laws § 324.5906 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.5906
Tax exemption certificate; modification or revocation; grounds; notice and hearing; statute of limitations.
Status: in_force

Sec. 5906.

The state tax commission, on notice by certified mail to the applicant and opportunity for a hearing, shall, on its own initiative or on complaint of the department, the department of treasury, or the assessor of the taxing unit in which any property to which the certificate relates is located, modify or revoke the certificate if any of the following appear:

The certificate was obtained by fraud or misrepresentation.

The holder of the certificate has failed substantially to proceed with the construction, reconstruction, installation, or acquisition of a facility or to operate the facility for the purpose and degree of control specified in the certification or an amended certificate.

The facility covered by the certificate is no longer used for the primary purpose of pollution control and is being used for a different purpose.

Substantial noncompliance with part 55 or any rule promulgated under that part.

On the mailing by certified mail to the certificate holder, the department of treasury, and the local assessor of notice of the action of the state tax commission modifying or revoking a certificate, the certificate shall cease to be in force or shall remain in force only as modified. If a certificate is revoked because it was obtained by fraud or misrepresentation, all taxes that would have been payable if a certificate had not been issued are immediately due and payable with the maximum interest and penalties prescribed by applicable law. A statute of limitations shall not operate in the event of fraud or misrepresentation.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 752.951 — MI Code / Chapter 752 / Act Act-319-of-2014 / Section 752.951
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "sexual assault victim's access to justice act".

History: 2014, Act 319, Eff. Apr. 1, 2015
Mich. Comp. Laws § 388.1006 — MI Code / Chapter 388 / Act Act-287-of-1964 / Section 388.1006
State board of education; members, interest in publication of books prohibited.
Status: in_force

Sec. 6.

A member of the state board of education shall not act as the agent of any publisher of school books or school library books or be interested in the publication or sale of any such book as agent or otherwise.

History: 1964, Act 287, Eff. Aug. 28, 1964
Mich. Comp. Laws § 554.1036 — MI Code / Chapter 554 / Act Act-16-of-2018 / Section 554.1036
Uniformity of law.
Status: in_force

Sec. 26.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History: 2018, Act 16, Eff. May 7, 2018
Mich. Comp. Laws § 38.841 — MI Code / Chapter 38 / Act Act-443-of-1980 / Section 38.841
Definitions.
Status: in_force

Sec. 1.

As used in this act:

"Local unit of government" means a county, city, township, or other political subdivision of this state which offers its employees a retirement plan in which a judge may be a member.

"Judge" means a judge of the district court, the circuit court, or the recorder's court of the city of Detroit, who has converted a portion of his or her state salary standardization payment as an addition to his or her state base salary under section 14a or 14c of Act No. 198 of the Public Acts of 1951, as amended, being sections 38.814a and 38.814c of the Michigan Compiled Laws. For purposes of sections 2 and 6, "judge" also means a judge of the probate court.

History: 1980, Act 443, Eff. Sept. 1, 1981; Am. 1982, Act 509, Imd. Eff. Dec. 31, 1982; Am. 1984, Act 188, Imd. Eff. July 3, 1984
Mich. Comp. Laws § 15.601 — MI Code / Chapter 15 / Act Act-212-of-1999 / Section 15.601
Definitions.
Status: in_force

Sec. 1.

As used in this act:

"Public employer" means a county, township, village, city, authority, school district, or other political subdivision of this state and includes any entity jointly created by 2 or more public employers.

"School district" means a school district, local act school district, or intermediate school district as those terms are defined in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, or a public school academy established under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

History: 1999, Act 212, Eff. Mar. 10, 2000
Mich. Comp. Laws § 247.651e — MI Code / Chapter 247 / Act Act-51-of-1951 / Section 247.651e
Contract with city or village for joint participation in cost; assumption by board of county road commissioners, approval.
Status: in_force

Sec. 1e.

Whenever the board of county road commissioners of any county shall have funds available, the board may enter into a contract or agreement, with any incorporated city or village within the county, assuming the obligations in whole or in part of the city or village undertaken by contract or agreement with the state highway commissioner under the provisions hereof or approved hereby. The board may contract or agree to carry on, in whole or in part, the improvement or construction required thereby, and may institute and conduct condemnation proceedings necessary therefor. No contract or agreement by any board of county road commissioners shall be effective until approved by resolution of the board of supervisors of the county and of the legislative body of the incorporated city or village concerned. The provisions of this section shall not be deemed to abolish, limit or restrict the powers and duties of the state highway commissioner or of incorporated cities or villages as prescribed by this act.

History: Add. 1957, Act 262, Eff. July 1, 1957
Mich. Comp. Laws § 324.1425 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.1425
Availability of documents for inspection; purchase; website of facilities designated as clean corporate citizens.
Status: in_force

Sec. 1425.

(1) The department shall maintain a copy of ISO 14001:2004 and RC 2008 available for inspection at the department's headquarters in Lansing. Upon request, the department shall provide information on how to purchase a copy of ISO 14001:2004 from the American national standards institute and RC 2008 from the American chemistry council.

(2) The department shall maintain on its website a list of facilities currently designated as clean corporate citizens.

History: Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Mich. Comp. Laws § 168.565 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.565
Filing, mailing, and correcting proof copies of ballots; affidavit.
Status: in_force

Sec. 565.

(1) Not less than 58 days before the primary election, proof copies of the ballots must be placed on file in the office of the county clerk. At the time of filing, the county clerk shall send by email 1 proof copy of the ballot to the secretary of state and shall send by first-class mail 1 proof copy of the ballot to each candidate whose name appears on the ballot to the candidate's address listed on his or her affidavit of identity. If a candidate provides an email address on his or her affidavit of identity, the county clerk may also send a proof copy of the ballot to the candidate by email.

(2) If a candidate desires to correct an error on the ballot, the candidate shall contact the county clerk by telephone or email with the corrections. All corrections must be received by the county clerk no later than 4 p.m. on the fifth business day after the proof copy of the ballot is mailed to each candidate as provided in subsection (1). After 4 p.m. on the fifth business day after the county clerk mails the proof copy of the ballot to each candidate as provided in subsection (1), the county clerk is authorized to begin printing the ballots.

(3) The county clerk shall prepare and sign an affidavit when sending proof ballots that attests to all of the following:

(a) Proof ballots were mailed as required.

(b) The names of the candidates who were mailed proof ballots.

(c) Each address to which the proof ballots were mailed.

(d) The date or dates proof ballots were mailed.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1956, Act 190, Imd. Eff. Apr. 26, 1956; Am. 1984, Act 113, Imd. Eff. May 29, 1984; Am. 2022, Act 94, Imd. Eff. June 14, 2022
Mich. Comp. Laws § 32.1045 — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1045
Entering plea of not guilty in record; entering finding of guilty where plea of guilty made and accepted; withdrawal of guilty plea.
Status: in_force

Sec. 45.

If an accused, after arraignment, makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.

With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn before the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

History: 1980, Act 523, Eff. Mar. 31, 1981
Mich. Comp. Laws § 600.3248 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.3248
Redemption; refusal to certify payment; civil liability.
Status: in_force

Sec. 3248.

If any person entitled to receive such redemption moneys, shall, upon payment or tender thereof to him, refuse to make and acknowledge such certificate of payment, he shall be liable to the person aggrieved thereby, in the sum of $100.00 damages, over and above all the actual damages sustained, to be recovered in a civil action, except that no damages of any kind may be recovered from any register of deeds who shall refuse to accept tender of payment after the time indorsed upon the deed when the same shall become operative in case the premises are not redeemed, and the officer or person making the sale shall be entitled to rely conclusively upon the recital of the length of the redemption period contained in the notice of foreclosure in making such indorsement upon the deed.

History: 1961, Act 236, Eff. Jan. 1, 1963; Am. 1964, Act 102, Eff. Aug. 28, 1964
Mich. Comp. Laws § 440.3405 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.3405
Definitions; fraudulent endorsement by employee or person acting in concert with employee.
Status: in_force

Sec. 3405.

As used in this section:

"Employee" includes an independent contractor and employee of an independent contractor retained by the employer.

"Fraudulent endorsement" means ( i ) in the case of an instrument payable to the employer, a forged endorsement purporting to be that of the employer, or ( ii ) in the case of an instrument with respect to which the employer is the issuer, a forged endorsement purporting to be that of the person identified as payee.

"Responsibility" with respect to instruments means authority ( i ) to sign or endorse instruments on behalf of the employer, ( ii ) to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, ( iii ) to prepare or process instruments for issue in the name of the employer, ( iv ) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, ( v ) to control the disposition of instruments to be issued in the name of the employer, or ( vi ) to act otherwise with respect to instruments in a responsible capacity. "Responsibility" does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.

For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent endorsement of the instrument, the endorsement is effective as the endorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.

Under subsection (2), an endorsement is made in the name of the person to whom an instrument is payable if ( i ) it is made in a name substantially similar to the name of that person or ( ii ) the instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1993, Act 130, Eff. Sept. 30, 1993
Mich. Comp. Laws § 290.759 — MI Code / Chapter 290 / Act Act-184-of-1994 / Section 290.759
Ginseng plants or plant parts sold for propagation.
Status: in_force

Sec. 9.

Ginseng plants or plant parts sold for propagation shall not be regarded as harvested or collected and are exempt from the certification requirement of this act.

Live ginseng plants or plant parts, except seed, for propagation shall not be transported or sold without the owner satisfying the plant certification and license requirements of the insect pest and plant disease act, Act No. 189 of the Public Acts of 1931, being sections 286.201 to 286.226 of the Michigan Compiled Laws.

History: 1994, Act 184, Eff. Mar. 30, 1995
Mich. Comp. Laws § 330.2001 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.2001
Meanings of words and phrases.
Status: in_force

Sec. 1001.

For the purposes of sections 1001a to 1006, the words and phrases defined in sections 1001a and 1001b have the meanings ascribed to them in those sections.

History: Add. 1978, Act 636, Imd. Eff. Jan. 10, 1979
Mich. Comp. Laws § 333.21720 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.21720
Nursing home administrator required.
Status: in_force

Sec. 21720.

The department shall not license a nursing home under this part unless that nursing home is under the direction of a nursing home administrator licensed under article 15.

Each nursing home having 50 beds or more shall have a full-time licensed nursing home administrator. If a nursing home changes nursing home administrators, the nursing home immediately shall notify the department of the change.

History: Add. 1978, Act 493, Eff. Mar. 30, 1979; Am. 2001, Act 139, Imd. Eff. Oct. 26, 2001