FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 388.1652 — MI Code / Chapter 388 / Act Act-94-of-1979 / Section 388.1652
Special education programs and services; reimbursement; limitation.
Status: in_force

Sec. 52.

Reimbursement for the necessary costs of special education programs and services shall be a portion determined by the amount allocated under section 51a(1), but not to exceed 75% of the total approved costs of operating special education programs and services approved by the department and included or applying for inclusion in the intermediate district plan adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766, for special education pupils other than those programs funded under section 53a, and of the costs of summer programs and services and the costs of providing room and board for special education pupils, as approved by the department. If the state financed proportion of reimbursement of the necessary costs of a special education activity or service required by article 3 of the revised school code, MCL 380.1701 to 380.1766, which is in addition to or different from the special education activities or services required under sections 611 to 620 of part B of the individuals with disabilities education act, title VI of Public Law 91-230, 20 U.S.C. 1411 to 1420, is less than the state financed proportion of the necessary costs of that activity or service in 1978-79, the portion of the amount appropriated shall be increased to reimburse that activity or service accordingly.

History: 1979, Act 94, Eff. Oct. 1, 1979; Am. 1982, Act 276, Imd. Eff. Oct. 5, 1982; Am. 1983, Act 169, Eff. Oct. 1, 1983; Am. 1984, Act 239, Eff. Oct. 1, 1984; Am. 1992, Act 148, Eff. Oct. 1, 1992; Am. 1993, Act 175, Eff. Oct. 1, 1993; Am. 1993, Act 336, Eff. Oct. 1, 1994; Am. 1995, Act 130, Eff. Oct. 1, 1995; Am. 1996, Act 300, Eff. Oct. 1, 1996; Am. 1997, Act 93, Eff. Oct. 1, 1997
Mich. Comp. Laws § 257.1307d — MI Code / Chapter 257 / Act Act-300-of-1974 / Section 257.1307d
Prohibited conduct.
Status: in_force

Sec. 7d.

A motor vehicle repair facility that is subject to this act, or a person that is an owner or operator of a motor vehicle repair facility that is subject to this act, shall not, directly or through an agent or employee, do any of the following:

(a) Assert, claim, or impose a mechanic's or similar type lien if the facility has violated this act or rules promulgated under this act with respect to the transaction on which the lien is based.

(b) Seek the repossession of a motor vehicle if the facility has violated this act or rules promulgated under this act with respect to the transaction on which the repossession is based.

(c) Seek to assert or enforce a lien by refusing to return a vehicle if the facility has violated this act or rules promulgated under this act with respect to the transaction on which the refusal is based.

(d) Fail to return a customer's vehicle if there is a dispute and the customer has paid the amount of the written estimate and any amount in excess of that amount that was agreed to either orally or in writing by the customer.

History: Add. 2016, Act 430, Eff. Apr. 4, 2017
Mich. Comp. Laws § 565.242 — MI Code / Chapter 565 / Act Act-63-of-1937 / Section 565.242
Seals on instruments affecting real estate; instruments previously recorded; construction.
Status: in_force

Sec. 2.

The record of any instrument affecting the title to real estate or any interest therein heretofore recorded which does not show that an actual seal, a scroll or device used as a seal, the word "seal" or the letters "L.S." was affixed to the original instrument, or a transcript thereof, may be given in evidence as in other cases and shall be effectual for all purposes of a legal record and such instrument shall be construed to be as valid and effectual as if such instrument had been in such respect duly executed.

History: 1937, Act 63, Imd. Eff. June 8, 1937; CL 1948, 565.242
Mich. Comp. Laws § 570.378 — MI Code / Chapter 570 / Act Act-362-of-1998 / Section 570.378
Termination of lien.
Status: in_force

Sec. 8.

A lien under this act shall terminate and a facility owner shall immediately cease enforcement of actions brought under this act if either of the following occurs:

The property owner pays the facility owner the full amount necessary to satisfy the lien or other amount that is accepted by a facility owner as payment in full. At any time before the conclusion of a sale conducted under this act, the property owner may redeem the property by paying the full amount necessary to satisfy the lien or other amount that is accepted by a facility owner as payment in full.

A person other than the facility owner who has a lien on the property pays the facility owner the full amount necessary to satisfy the facility owner's lien or other amount that is accepted by a facility owner as payment in full. Upon payment by a lienholder of record, the facility owner shall hold the property for the benefit of and at the direction of that lienholder and shall not deliver possession of the property to the property owner. Unless the facility owner and the lienholder enter into a new storage agreement, the lienholder shall arrange removal of the property from the facility.

History: 1998, Act 362, Imd. Eff. Oct. 20, 1998
Mich. Comp. Laws § 600.4061 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.4061
Garnishment against state; employees designated to receive process; procedures.
Status: in_force

Sec. 4061.

A plaintiff shall serve garnishment process issued from a court in Michigan against the state of Michigan upon the state treasurer or other state employee designated by the state treasurer to receive garnishment process. The state treasurer shall designate as many employees as he or she considers necessary to receive garnishment process, at least 2 of whom shall have offices in Lansing.

The state treasurer shall designate the employees under subsection (1) in writing and maintain a copy of the written designation in the state treasurer's office. If the state treasurer revokes the designation, the revocation shall be made in the same manner as the designation. If a designated employee ceases to be employed by the state treasurer to receive process under subsection (1), the designation of that person is revoked immediately upon termination of his or her employment.

In a garnishment proceeding in which the state is the garnishee, a plaintiff shall do all of the following:

Serve upon the state treasurer or designated employee a writ of garnishment that includes a verified statement signed by the plaintiff, or his or her attorney or agent, identifying the full amount including interest and taxed costs, claimed by the plaintiff to be due upon the judgment against the defendant.

At the time of service of the writ of garnishment, pay to the state treasurer or designated employee a fee of $6.00.

Within 7 days after service of the writ of garnishment on the state treasurer or designated employee, do both of the following:

If the writ of garnishment is for a state tax refund or credit, serve a copy of the writ of garnishment upon the defendant in the manner prescribed by the Michigan court rules.

Serve upon the state treasurer any discovery request for information related to the garnishment proceeding that may be in the possession of the department of treasury.

After receiving a discovery request pursuant to subsection (3)(c), the state treasurer shall provide only that information in the possession of the department of treasury that is not otherwise exempted by law from disclosure. The plaintiff shall pay to the state treasurer the reasonable costs incurred by the state treasurer in providing the requested information.

After receiving service of a writ of garnishment as provided in subsection (3), the state treasurer or designated employee shall do 1 of the following:

If the writ is not for the garnishment of a state tax refund or credit, respond in the manner prescribed for garnishment procedures under the Michigan court rules.

If the writ is for garnishment of a state tax refund, respond in the manner prescribed by section 4061a.

History: 1961, Act 236, Eff. Jan. 1, 1963; Am. 1994, Act 346, Eff. Mar. 1, 1995
Mich. Comp. Laws § 168.883a — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.883a
Recount vote challenges; appeal; petition for de novo review; notice; meeting.
Status: in_force

Sec. 883a.

(1) A candidate or a ballot question committee that participated in a ballot question election may make a challenge to the board of county canvassers of a determination to count or not count a specific vote on a ballot for a candidate or for or against a ballot question subject to the recount. Before the completion of the recount in that county, the board of county canvassers must hear arguments on the challenge and decide, as provided under section 803, whether to accept or reject the challenge. A candidate or ballot question committee aggrieved by the decision of the board of county canvassers may appeal the decision to the representative designated by the board of state canvassers under section 890. The representative designated by the board of state canvassers may, as provided under section 803, confirm, reject, or modify the decision of the board of county canvassers.

(2) A candidate or ballot question committee that participated in a ballot question that is involved in the recount and that disagrees with the resolution of a challenge made under subsection (1) may petition the board of state canvassers for a de novo review of the challenge. The candidate or ballot question committee shall file a petition disagreeing with the resolution of the challenge with the representative designated by the board of state canvassers before the completion of the recount by the board of county canvassers. Subject to this subsection, the petition must specify the substance of the challenge and request a de novo review by the board of state canvassers. The board of state canvassers shall accept petitions for a de novo review only of challenges that concern the determination of how a specific vote on a ballot for a candidate or for or against a ballot question is counted.

(3) Upon receipt of a petition under subsection (2), the representative of the board of state canvassers shall make an exhibit detailing the resolution of the challenge that includes the ballot, which must be securely sealed in an exhibit envelope and retained by the representative. The representative of the board of state canvassers shall provide the county clerk with a receipt for the ballot that is subject to challenge.

(4) The board of state canvassers shall notify all candidates and ballot question committees involved in the recount, in the same manner that notice of the recount was given, of the date of the meeting of the board of state canvassers to consider the petition. The board of state canvassers shall allow the candidates and ballot question committees involved in the recount to present oral and written arguments on the challenges at the meeting. The board of state canvassers shall hear the challenge and rule on the challenge at the meeting only if the total number of challenges submitted to the board of state canvassers could change the result of the election.

History: Add. 2024, Act 74, Eff. Apr. 2, 2025
Mich. Comp. Laws § 560.142 — MI Code / Chapter 560 / Act Act-288-of-1967 / Section 560.142
Certificate required for recording.
Status: in_force

Sec. 142.

The proprietor shall provide a true copy of the final plat to each of the authorities named in sections 146 to 149. To entitle a final plat to be recorded, the following certificates, in the form prescribed by the department of labor and economic growth, lettered or printed legibly with black, durable ink or typed legibly with black ink shall appear on it and the certificates shall contain the statements and information and shall be signed and dated as prescribed in sections 141 to 151:

(a) A surveyor's certificate of compliance with the statute.

(b) A certificate of the proprietor submitting the plat.

(c) A certificate of taxes by the treasurer of the county in which the plat is situated, as required by section 135 of the general property tax act, 1893 PA 206, MCL 211.135.

(d) A certificate of taxes signed by the treasurer of the municipality in which the plat is located if the municipality does not return delinquent taxes to the state treasurer, as required by section 135 of the general property tax act, 1893 PA 206, MCL 211.135.

(e) A certificate of approval of the county drain commissioner, if there is a county drain commissioner.

(f) A certificate of approval of the board of county road commissioners, if public streets and roads shown on the plat are under its jurisdiction or to come under its jurisdiction and if any private streets or roads shown on the plat are in an unincorporated area.

(g) A certificate of approval of the governing body of the municipality. The certificate of the governing body of the municipality may not be placed on the plat unless the proprietor has deposited with the clerk both the filing and recording fee required by section 241 and the fee permitted by section 246 by the municipality for review and approval of a plat.

(h) A certificate of approval of the county plat board. The certificate may not be placed on the plat unless the filing and recording fee required by section 241 has been received by the chairperson or secretary of the county plat board.

(i) A certificate of approval of the state transportation department when the subdivision includes or abuts state trunk line highways.

(j) A certificate of approval of the department of labor and economic growth. The certificate of the department of labor and economic growth may not be placed on the plat unless the portion of the filing and recording fee due the state as provided by section 241 has been received by the department.

History: 1967, Act 288, Eff. Jan. 1, 1968; Am. 1969, Act 308, Imd. Eff. Aug. 14, 1969; Am. 2004, Act 525, Eff. July 1, 2005
Mich. Comp. Laws § 400.582 — MI Code / Chapter 400 / Act Act-180-of-1981 / Section 400.582
Definitions.
Status: in_force

Sec. 2.

As used in this act:

"Area agency on aging" means an agency designated by the commission under section 4(i).

"Chief elected official administrative officer" means any of the following:

The president of a village.

The mayor of a city.

The supervisor of a township.

The elected county executive or appointed county manager of a county; or if the county has not adopted an optional unified form of county government, the chairperson of the county board of commissioners of the county.

"Commission" means the commission on services to the aging established under section 3.

"Director" means the director of the office of services to the aging.

"Long-term care facility" means 1 or more of the following:

A home for the aged as defined in section 20106(3) of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.20106 of the Michigan Compiled Laws.

An adult foster care facility as defined in section 3(4) of the adult foster care facility licensing act, Act No. 218 of the Public Acts of 1979, being section 400.703 of the Michigan Compiled Laws.

A nursing home as defined in section 20109(1) of Act No. 368 of the Public Acts of 1978, being section 333.20109 of the Michigan Compiled Laws.

A county medical care facility as defined in section 20104(4) of Act No. 368 of the Public Acts of 1978, being section 333.20104 of the Michigan Compiled Laws.

A hospital long-term care unit as defined in section 20106(6) of Act No. 368 of the Public Acts of 1978.

"Office" means the office of services to the aging created by section 5.

"Older person" means a state resident who is 60 years of age or older, and the spouse of the older person, regardless of age.

History: 1981, Act 180, Imd. Eff. Dec. 15, 1981; Am. 1987, Act 35, Imd. Eff. May 27, 1987
Mich. Comp. Laws § 771.3h — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 771.3h
Compassionate release; eligibility; notification to court by county sheriff; amended judgment of sentence; conditions; expenses; reimbursement.
Status: in_force

Sec. 3h.

(1) A county sheriff may notify the court in writing that a prisoner may be eligible for compassionate release if the county sheriff has consulted with a physician and the physician determined that the prisoner has a life expectancy of not more than 6 months. The notification must be accompanied with the evidence the physician considered in making the determination regarding the prisoner's life expectancy.

(2) Subject to subsection (3), a court may grant compassionate release to a prisoner if the court finds that the prisoner has a life expectancy of not more than 6 months and that the release of the prisoner would not reasonably pose a threat to public safety or the prisoner. If a court grants a prisoner compassionate release, the court shall enter an amended judgment of sentence specifying that the prisoner is released from the term of imprisonment imposed for the offense for which the prisoner was originally convicted.

(3) A court shall not grant a prisoner compassionate release unless all of the following apply:

(a) A placement option has been secured for the prisoner in the community. A placement option may include, but is not limited to, placement in the prisoner's home or a medical facility.

(b) The sheriff has made a reasonable effort to determine whether expenses related to the prisoner's placement secured under subdivision (a) are covered by Medicaid, a health care policy, a certificate of insurance, or another source for the payment of medical expenses or whether the prisoner has sufficient income or assets to pay for expenses related to the placement.

(c) The court conducted a public hearing in which the prosecuting attorney of the county and each victim who requests notice in the manner provided in the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, are provided adequate notice of the hearing and an opportunity to be heard during the hearing.

(4) If a court's grant of compassionate release to a prisoner results in expenses incurred by the county that are not covered by a payment source identified under subsection (3)(b), to the extent permitted under applicable law, the county may seek reimbursement for those expenses.

History: Add. 2018, Act 149, Eff. Aug. 14, 2018
Mich. Comp. Laws § 322.325 — MI Code / Chapter 322 / Act R-S-of-1846 / Section 322.325
Improved lands; leasing.
Status: in_force

Sec. 25.

The commissioner of the land office may, from time to time lease, for terms not exceeding 1 year, and until the same are disposed of according to law, all such university and school lands, and other lands belonging to the state, as shall have improvements on them; and such leases shall contain proper covenants to guard against trespasses and waste.

History: R.S. 1846, Ch. 60; CL 1857, 2468; CL 1871, 3841; How. 5286; CL 1897, 1349; CL 1915, 524; CL 1929, 5924; CL 1948, 322.325
Mich. Comp. Laws § 333.7525 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.7525
Controlled substance as contraband; seizure and summary forfeiture; seizure and forfeiture of species of plants.
Status: in_force

Sec. 7525.

A controlled substance listed in schedule 1 that is possessed, transferred, sold, or offered for sale in violation of this article is contraband and shall be seized and summarily forfeited to this state. A controlled substance listed in schedule 1 which is seized or comes into the possession of this state, the owner of which is unknown, is contraband and shall be summarily forfeited to this state.

Species of plants from which controlled substances in schedules 1 and 2 may be derived which have been planted or cultivated in violation of this article, or of which the owner or cultivator is unknown, or which are wild growths, may be seized and summarily forfeited to this state.

The failure, upon demand by the administrator or its authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate license or proof that he or she is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 750.145g — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.145g
Child sexually abusive activity or material; second or subsequent offense; mandatory minimum.
Status: in_force

Sec. 145g.

If a person is convicted of a second or subsequent offense under section 145c, the sentence imposed for a second or subsequent offense is a mandatory minimum sentence of not less than 5 years. For the purposes of this section, an offense is considered a second or subsequent offense if, prior to conviction of the second or subsequent offense, the person has been convicted under section 145c or of another crime involving a sexual offense against a minor.

History: Add. 2018, Act 375, Eff. Mar. 17, 2019
Mich. Comp. Laws § 324.102 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.102
Repeal of statute; effect.
Status: in_force

Sec. 102.

The repeal of any statute by this act does not relinquish any penalty, forfeiture, or liability, whether criminal or civil in nature, and such statute shall be treated as still remaining in force as necessary for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture, or liability.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 750.274 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.274
Note; fraudulent signature; knowingly purchasing, collection.
Status: in_force

Sec. 274.

Purchasing and attempting to collect a note, knowing signature was fraudulently obtained-Any person who shall receive into his possession for collection or sale or who shall purchase any promissory note, bill of exchange, due bill, order, contract, or paper writing whatever, obtained in the manner mentioned in the preceding section of this chapter, knowing the same to have been obtained with the intent to cheat and defraud, and any person who shall take any steps to collect any promissory note, bill of exchange, due bill, order, contract, paper or writing whatever, knowing the signature to have been obtained by fraud, with intent to cheat and defraud, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.274