FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.41402 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.41402
Inland lakes aquatic invasive plant species control and eradication program; grants; application; requirements.
Status: in_force

Sec. 41402.

(1) The department shall establish an inland lake aquatic invasive plant species control and eradication program. The program shall provide grants to eligible applicants for eligible projects to control or eradicate inland lake aquatic invasive plant species using chemical, physical, or biological methods, or a combination of these methods. A grant may include funding for costs associated with preparation of a vegetation management plan, required monitoring, and any necessary permit fees associated with the eligible project.

(2) An eligible applicant must meet both of the following requirements:

(a) Be a legally constituted lake association or nonprofit organization, property owners association, homeowners association, lake board, or special assessment district.

(b) Have demonstrated that a permit from the department is in effect to conduct the control or eradication activities included in the eligible project.

(3) An eligible project must meet all of the following requirements:

(a) There is public access to the inland lake for all activities associated with the project.

(b) The waterbody has vegetation management goals created by a licensed commercial applicator or lake manager.

(c) All survey, control, eradication, and documentation activities have been completed by a qualified scientist, technician, licensed commercial aquatic applicator, or university representative.

(d) All control or eradication activities use best management practices.

(e) The project utilizes products approved or authorized by the United States Environmental Protection Agency, the department, or the department of agriculture and rural development for control or eradication activities.

(4) The department shall issue grants considering the following statewide priorities:

(a) Permit fees associated with an eligible project.

(b) Eligible projects to manage pioneer infestations of inland lake aquatic invasive plant species.

(c) Eligible projects to prevent or control the further spread of inland lake aquatic invasive plant species.

(d) Eligible projects for recurring maintenance control.

(5) If an eligible applicant submits an application for an eligible project, but does not receive a grant because of a lack of available funds, that eligible applicant shall be given special consideration for approval in the following year.

(6) An eligible applicant that wishes to receive a grant shall submit an application to the department containing the information required by the department. Applications for grants shall be submitted by July 1. By September 1, the department shall notify each applicant whether its application has been approved. The department may require an applicant that receives a grant to enter into a grant agreement with the department prior to the issuance of the grant.

History: Add. 2018, Act 671, Eff. Mar. 29, 2019
Mich. Comp. Laws § 691.1342 — MI Code / Chapter 691 / Act Act-159-of-2014 / Section 691.1342
Disclosure of information.
Status: in_force

Sec. 12.

Except as provided by law other than this act, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.

History: 2014, Act 159, Eff. Dec. 8, 2014
Mich. Comp. Laws § 445.1664 — MI Code / Chapter 445 / Act Act-173-of-1987 / Section 445.1664
Provisions applicable to investigation.
Status: in_force

Sec. 14.

All of the following shall apply to an investigation conducted under section 13:

(a) The employees or agents of the office of financial and insurance regulation shall complete the investigation within a reasonable period of time.

(b) If the investigation does not disclose evidence of a violation of this act or a rule promulgated or an order issued under this act, the commissioner shall not use the complaint in any subsequent decision to issue, renew, suspend, or revoke the license or suspend or revoke the registration of the person against which the complaint was filed. The commissioner shall forward the results of the investigation to the complainant and the person against whom the complaint was filed.

(c) In addition to any other action authorized by law, if the investigation discloses evidence of a violation of this act or a rule promulgated or an order issued under this act, the commissioner or the attorney general may prepare a formal complaint to be served on the person against which the allegations are made and shall provide a copy of the formal complaint to the complainant.

History: 1987, Act 173, Imd. Eff. Nov. 18, 1987; Am. 2008, Act 63, Imd. Eff. Apr. 3, 2008; Am. 2009, Act 76, Eff. July 31, 2010
Mich. Comp. Laws § 380.1307d — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1307d
Documentation and reporting of seclusion and restraint; state policy; provisions.
Status: in_force

Sec. 1307d.

The state policy under section 1307a shall include at least all of the following provisions concerning documentation and reporting of seclusion and restraint:

(a) Each use of seclusion or restraint and the reason for each use shall be documented in writing and reported in writing or orally to the school building administration and the pupil's parent or guardian immediately and documented in a written report for each use of seclusion or restraint, including multiple uses within a given day, with this written report provided to the parent or guardian within the earlier of 1 school day or 7 calendar days.

(b) After any use of seclusion or restraint, school personnel must make reasonable efforts to debrief and consult with the parent or guardian, or with the parent or guardian and the pupil, as appropriate, regarding the determination of future actions. The debriefing and consultation shall be done in accordance with department guidelines and documented on forms developed by the department.

(c) If a pupil exhibits a pattern of behavior that poses a substantial risk of creating an emergency situation in the future that could result in the use of emergency seclusion or emergency physical restraint, school personnel are encouraged to do all of the following:

( i ) Conduct a functional behavioral assessment.

( ii ) Develop or revise a positive behavioral intervention and support plan to facilitate the elimination of the use of seclusion and restraint.

( iii ) Develop an assessment and planning process conducted by a team knowledgeable about the pupil, including at least the parent or guardian; the pupil, if appropriate; the individuals responsible for implementation of the positive behavioral intervention and support plan; and individuals knowledgeable in positive behavioral intervention and support.

History: Add. 2016, Act 398, Eff. Mar. 29, 2017
Mich. Comp. Laws § 700.7603 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.7603
Powers of settlor; exceptions; settlor as incapacitated individual; powers of withdrawal; actions by predecessor trustee.
Status: in_force

Sec. 7603.

(1) Subject to subsection (2), while a trust is revocable, rights of the trust beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor. This subsection does not apply to either of the following:

(a) A trust created by the exercise of a power described in section 7820a.

(b) A trust created by the exercise of a power of appointment held by a trustee in a fiduciary capacity.

(2) If the trustee reasonably believes that the settlor of a revocable trust is an incapacitated individual, the trustee shall keep the settlor's designated agent or, if there is no designated agent or if the sole agent is a trustee, each beneficiary who, if the settlor were then deceased, would be a qualified trust beneficiary informed of the existence of the trust and reasonably informed of its administration.

(3) While a trust is not revocable and while a person has a currently exercisable power of withdrawal over the entire principal of the trust, the duties of a trustee are owed exclusively to the person.

(4) A person who succeeds to the position of trustee of a revocable trust upon the death, resignation, or incapacity of a trustee who was also the trust settlor is not liable for an action of the settlor while the settlor was serving as trustee.

(5) With respect to a predecessor trustee who was also the settlor, the successor trustee has no responsibility to investigate a transaction by the predecessor trustee, to review an account, to review an action of the predecessor trustee, or to take action for a breach of trust by the predecessor trustee.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010; Am. 2012, Act 483, Imd. Eff. Dec. 28, 2012
Mich. Comp. Laws § 500.2930 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.2930
Basic property insurance; amount of premium; surcharge; establishment of rates; filing rates and policy forms.
Status: in_force

Sec. 2930.

The premium for basic property insurance of any risk by the pool shall be equal to the rate for identical insurance established by a licensed rating organization for identical insurance within this state plus a uniform surcharge approved by the commissioner.

The pool shall establish rates for any basic property insurance that is without rates established by a licensed rating organization or that the pool, with the approval of the commissioner, determines should be otherwise rated in order to better effectuate the purposes of this chapter. The pool shall file with the commissioner for his or her approval each rate and each policy form to be issued by it. The pool, acting as agent for participating members, shall file policy forms for basic property insurance to be issued by participating members under the provisions of this chapter. Rates and policy forms shall be filed in accordance with this chapter as the commissioner designates.

History: Add. 1968, Act 262, Eff. Aug. 1, 1968; Am. 1971, Act 74, Eff. Aug. 1, 1971; Am. 1979, Act 145, Eff. Mar. 1, 1980; Am. 2002, Act 492, Eff. Mar. 31, 2003
Mich. Comp. Laws § 288.512 — MI Code / Chapter 288 / Act Act-266-of-2001 / Section 288.512
Milk plant not providing security device; audited or verified financial statement; requirements.
Status: in_force

Sec. 42.

A licensee or applicant for a license as a milk plant not providing a security device under section 43 or 44 shall provide an audited fiscal year end financial statement prepared by a certified public accountant according to generally accepted accounting principles and a quarterly verified financial statement that verifies the licensee's ability to meet the ratio of 1.20:1 for minimum liquidity requirements of current assets to current liabilities.

The audited financial statement, to be filed by the licensee not later than 120 days after the close of the licensee's fiscal year, shall contain a balance sheet, income statement, equity statement, statement of cash flow, notes to the statements, and any other information required by the department. The department may extend the date for filing the audited year end financial statement by up to 30 days only upon the written request of the milk plant or the milk plant's accountant preparing the statement if the request is made not less than 10 days before the deadline for the filing of the statement. The request shall state the reason for the delay.

The verified quarterly financial statement shall be filed within 60 days after the end of the fiscal quarter to which the statement pertains. The verified quarterly financial statement shall include, but not be limited to, a balance sheet, income statement, and any other information required by the department. The department may require a milk plant to file a supplementary or interim financial statement or provide additional information at any time pertaining to the financial statements filed under this subsection or to specific information requests made by the department. In determining whether the milk plant has met the minimum liquidity requirement described in this subsection in an audited or verified financial statement, the department shall exclude all intangible assets and assets the department determines to be of doubtful value and may also exclude nontrade notes; accounts receivable from officers, directors, employees, partners, or stockholders or from members of their families; and notes and accounts receivable from parent organizations, subsidiaries, or affiliates if the department determines them to be of doubtful value.

An applicant for a license that has not been in the business of receiving milk during the preceding 12 months shall only provide a security device other than an audited financial statement for at least the initial 12 months of licensed operation. At the end of the initial 12-month period, the department may allow the milk plant to utilize an audited financial statement as a security device if the statement meets minimum liquidity requirements of this subsection and if the milk plant is otherwise in compliance with this act.

History: 2001, Act 266, Eff. Feb. 8, 2002
Mich. Comp. Laws § 290.358 — MI Code / Chapter 290 / Act Act-227-of-1915 / Section 290.358
Galvanized wire fence; taking samples; tests.
Status: in_force

Sec. 8.

The state board of agriculture, by any duly authorized agent, may take from any bundle of galvanized wire fence so tagged and labeled and which is being offered for sale in this state, a sample of such fence not exceeding 12 inches in length, the same to be measured along the length of the fencing and comprise the whole width thereof, such sample to be kept by said state board of agriculture and tested for the purpose of ascertaining whether the manufacturer or dealer has complied with the terms of this act: Provided, That in making all tests or measurements for the purpose of ascertaining whether or not such fence is inferior grade or gauge to that specified on the tags or labels thereof, the state board of agriculture, by its duly authorized agent or agents, shall select 5 separate samples of such fence from 5 separate bundles thereof, and if, after applying the standard gauge and test prescribed by this act, 3 or more of such samples shall not equal the gauge and grade indicated on such tags or labels, then such fence from which the 5 samples were taken shall be deemed to be of inferior gauge or grade as the case may be.

History: 1915, Act 227, Eff. Jan. 1, 1916; CL 1915, 2238; CL 1929, 1096; CL 1948, 290.358
Mich. Comp. Laws § 280.382 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.382
Disqualification of commissioner; appointment of disinterested commissioner; duties as to county drain.
Status: in_force

Sec. 382.

Upon receiving such petition and certificate aforesaid, the judge of probate shall, within not less than 15 days, appoint a disinterested commissioner of an adjoining or nearby county to make the apportionment of benefits on said drain. It shall be the duty of said disinterested commissioner, so appointed, to make and complete within a period of 30 days, or within such reasonable time thereafter as may be necessary, an apportionment of the benefits of said drain and file the same with the said disqualified commissioner, and said apportionment shall be adopted for said drain, subject to the same rights of appeal as provided in this act. Said disqualified commissioner shall furnish the commissioner so appointed with a copy of his final order of determination on said drain.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
Mich. Comp. Laws § 333.5521 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5521
Meanings of words and phrases used in MCL 333.5521 to 333.5539.
Status: in_force

Sec. 5521.

As used in sections 5521 to 5539:

"Affected individual" means an individual diagnosed or identified as having Alzheimer's disease or a related disorder.

"Autopsy" means a brain autopsy.

"Family representative" means an affected individual's legal guardian, spouse, adult child, parent, or other family member.

History: Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
Mich. Comp. Laws § 287.115 — MI Code / Chapter 287 / Act Act-93-of-1974 / Section 287.115
Records of horses or ponies.
Status: in_force

Sec. 5.

A licensee shall maintain current records of each horse or pony owned or kept by him, including the name and address of the supplier or seller, the date the horse or pony was acquired, the age, sex, breed, and color with markings, and a description of any physical defects. The records shall be kept for a period of 2 years after the horse is no longer owned or kept by the licensee. The records shall be made available to the department, or its authorized representative, at all reasonable hours.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974
Mich. Comp. Laws § 257.62 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.62
“Special mobile equipment” defined.
Status: in_force

Sec. 62.

"Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, mobile office trailers, mobile tool shed trailers, mobile trailer units used for housing stationary construction equipment, ditch-digging apparatus, and well-boring and well-servicing apparatus. The foregoing enumeration shall be considered partial and shall not operate to exclude other vehicles which are within the general terms of this definition. Although not within the general terms of this definition, the combination of a mobile car crusher trailer permanently attached to a truck tractor or road tractor shall be considered special mobile equipment for purposes of this act.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 1962, Act 66, Imd. Eff. Apr. 23, 1962; Am. 1992, Act 119, Imd. Eff. June 26, 1992
Mich. Comp. Laws § 123.340 — MI Code / Chapter 123 / Act Act-235-of-1947 / Section 123.340
Disposal system; operation by joint board or agency as unit; fund payments; depreciation, contingent, and surplus funds; revised municipal finance act inapplicable.
Status: in_force

Sec. 10.

If the system is operated as a single unit, by a joint board or by 1 public corporation as agent for all, the operating board or agency shall provide for the payment of the necessary amounts into the operation and maintenance fund and into the bond and interest redemption fund for all bonds secured by the revenues of the entire system. The public corporations may, by contract, provide for the joint holding and management of other revenues or for their apportionment and deposit into separate bond and interest redemption funds for bonds, severally issued or assumed and into separate depreciation, contingent, and surplus funds. Unless otherwise provided by the contract, those revenues shall be divided and paid quarterly or more often into their respective treasuries and set apart by each into the appropriate funds. Unless otherwise provided by the contract, each public corporation shall have control of the construction of extensions and improvements to the system within its boundaries, and shall be entitled to its proportion of the contingent and surplus funds for that purpose.

The contracts described in subsection (1) are not subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.

History: 1947, Act 235, Eff. Oct. 11, 1947; CL 1948, 123.340; Am. 2002, Act 415, Imd. Eff. June 3, 2002
Mich. Comp. Laws § 257.2111 — MI Code / Chapter 257 / Act Act-345-of-2016 / Section 257.2111
Signage, emblem, or department of licensing and regulatory affairs registration number.
Status: in_force

Sec. 11.

(1) Subject to subsection (2), a vehicle subject to this act shall display a consistent and distinctive signage or emblem at all times while the vehicle is being used to provide transportation services or while the vehicle is being used by a transportation network company driver for a transportation network company prearranged ride or while the transportation network company driver is available to receive a transportation request. Subject to subsection (2), a vehicle subject to this act may also display a department of licensing and regulatory affairs registration number. The signage, emblem, or department of licensing and regulatory affairs registration number shall satisfy both of the following:

(a) The signage, emblem, or department of licensing and regulatory affairs registration number shall be color-contrasted to be visible during daylight hours from a distance of at least 50 feet.

(b) The signage, emblem, or department of licensing and regulatory affairs registration number shall sufficiently identify the limousine carrier, taxicab carrier, transportation network company, or dispatch system provider with which the vehicle is affiliated.

(2) If a limousine carrier, taxicab carrier, or transportation network company is providing services in association with a dispatch system provider, the limousine carrier, taxicab carrier, or transportation network company shall display its signage or emblem or the signage or emblem of the dispatch system provider. If a limousine carrier, taxicab carrier, or transportation network company displays the signage or emblem of a dispatch system provider as provided in this subsection, it shall also display its department of licensing and regulatory affairs registration number.

(3) If a limousine carrier, taxicab carrier, or transportation network company displays a department of licensing and regulatory affairs registration number, the 10-digit registration number shall be displayed with the "#" symbol prior to the registration number and shall use numbers and symbols that are at least 1-1/2 inches in height.

History: 2016, Act 345, Eff. Mar. 21, 2017; Am. 2018, Act 150, Eff. Aug. 14, 2018
Mich. Comp. Laws § 90.7 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 90.7
Judgment; execution; fine and imprisonment.
Status: in_force

Sec. 7.

Every such judgment shall be executed by virtue of an execution or warrant, specifying the particulars of the judgment. If the judgment be for the payment of a fine only, with or without costs, execution of the form prescribed in section 3 of this chapter shall issue forthwith. If judgment be for both fine and imprisonment, a warrant shall issue immediately for the commitment of the defendant until the expiration of the term mentioned in the sentence, and an execution shall issue at the same time against the goods and chattels of the defendant for the collection of the fine or forfeiture imposed; but in neither case above mentioned shall the imprisonment without payment operate as a satisfaction of the fine and costs imposed. In cases where a fine and imprisonment in default of payment thereof, or where imprisonment alone is imposed, a warrant of commitment shall issue accordingly, in the former case, until the expiration of the sentence, unless the fine and costs be sooner paid, and in the latter, for the term named in the sentence.

History: 1895, Act 215, Eff. Aug. 30, 1895; CL 1897, 3095; CL 1915, 3009; CL 1929, 1933; CL 1948, 90.7