FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 750.217e — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.217e
False identification as employee of family independence agency; violation; penalty.
Status: in_force

Sec. 217e.

An individual who is not employed by the family independence agency shall not inform another individual or represent to another individual by identification or any other means that he or she is employed by the family independence agency with intent to do 1 or more of the following:

Gain or attempt to gain entry to a residence, building, structure, facility, or other property.

Remain or attempt to remain in or upon a residence, building, structure, facility, or other property.

Gain or attempt to gain access to financial account information.

Commit or attempt to commit a crime.

Obtain or attempt to obtain information to which the individual is not entitled under section 7 of the child protection law, 1975 PA 238, MCL 722.627.

Gain access or attempt to gain access to a person less than 18 years of age or a vulnerable adult. As used in this subdivision, "vulnerable adult" means an individual age 18 or older who, because of age, developmental disability, mental illness, or disability, whether or not determined by a court to be an incapacitated individual in need of protection, lacks the cognitive skills required to manage his or her property.

An individual who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

History: Add. 2001, Act 21, Eff. Sept. 1, 2001
Mich. Comp. Laws § 400.102 — MI Code / Chapter 400 / Act Act-280-of-1939 / Section 400.102
Nonduty disability retirement allowance or death benefits; eligibility, conditions.
Status: in_force

Sec. 102.

Whenever the combined state and city or the combined state and county service of an employee covered by section 100 of this act shall equal or exceed the minimum years of service required by the several units of government under their respective system to be eligible for nonduty disability retirement allowance or benefit, or, for the dependents of such an employee to be eligible for benefits in the event of the nonduty death of such an employee, the state and the city or the county, shall grant such disability or death allowance or benefit upon the following conditions:

That the employee has not withdrawn his accumulated contributions from the retirement system of the city or the county.

That the years of service with the granting unit of government only be used for computing the amount of the retirement allowance or benefit.

That the average final compensation earned from the state, county or city, shall be used for determining the amount of the allowance or grant unless otherwise provided in the charter of any other city affected by this act.

If any retirement system does not provide for a nonduty disability retirement allowance or benefit or for nonduty death benefit, then neither the employee nor his dependents shall receive such allowance or benefit from such retirement system nor shall an employee or his dependents receive any retirement allowance or benefit from more than 1 retirement system covering the same service credit period. The provisions of this section shall not apply to any city or county that does not have a retirement system.

History: Add. 1966, Act 249, Imd. Eff. July 11, 1966
Mich. Comp. Laws § 722.1112 — MI Code / Chapter 722 / Act Act-195-of-2001 / Section 722.1112
Request to out-of-state court; expenses; preserving and forwarding records.
Status: in_force

Sec. 112.

A court of this state may request the appropriate court of another state to do any of the following:

Hold an evidentiary hearing.

Order a person to produce or give evidence under procedures of that state.

Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.

Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and an evaluation prepared in compliance with the request.

Order a party to a child-custody proceeding or a person having physical custody of the child to appear in the proceeding with or without the child.

Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1).

Travel and other necessary and reasonable expenses incurred under subsection (1) or (2) may be assessed against the parties according to the law of this state.

A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of these records.

History: 2001, Act 195, Eff. Apr. 1, 2002
Mich. Comp. Laws § 213.53 — MI Code / Chapter 213 / Act Act-87-of-1980 / Section 213.53
Fluid mineral and gas rights.
Status: in_force

Sec. 3.

Fluid mineral and gas rights shall be considered excluded from an instrument by which an agency acquires an interest in land unless specifically included in the instrument. The exercise of the fluid mineral and gas rights, as permitted by law, shall not interfere with the use of the property acquired for a public purpose.

History: 1980, Act 87, Imd. Eff. Apr. 8, 1980
Mich. Comp. Laws § 438.31a — MI Code / Chapter 438 / Act Act-326-of-1966 / Section 438.31a
Payment of reasonable and necessary charges in addition to interest; exceptions.
Status: in_force

Sec. 1a.

A state or national bank, except as federal law and regulation provide otherwise, insurance company, or lender approved as a mortgagee under the national housing act, 12 U.S.C. 1701 to 1750g, or regulated by a federal agency, may require a borrower to pay reasonable and necessary charges which are the actual expenses incurred by the lender in connection with the making, closing, disbursing, extending, readjusting, or renewing of a loan. The charges shall be in addition to interest authorized by law, and are not a part of the interest collected or agreed to be paid on the loan within the meaning of a law of this state which limits the rate of interest which may be exacted in a transaction. Reasonable and necessary charges shall consist of recording fees; title examination or title insurance; the preparation of a deed, appraisal, or credit report; plus a loan processing fee. The charges shall be paid only once by the borrower to either the seller of the mortgage or the lender. A charge for inspection required by a local unit of government shall be paid by the seller and shall not be charged to the borrower. This section does not apply to a corporation organized under Act No. 156 of the Public Acts of 1964, as amended, being sections 489.501 to 489.920 of the Michigan Compiled Laws, or a federally chartered savings and loan association.

History: Add. 1968, Act 266, Imd. Eff. July 1, 1968; Am. 1969, Act 255, Imd. Eff. Aug. 11, 1969; Am. 1978, Act 27, Imd. Eff. Feb. 24, 1978
Mich. Comp. Laws § 500.3178 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3178
Annual report.
Status: in_force

Sec. 3178.

After an assigned claims plan is approved under section 3171(3), the Michigan automobile insurance placement facility board of governors shall report annually to the commissioner and the commissioner shall report to the standing committees of the senate and house of representatives with primary jurisdiction over insurance matters on the effectiveness of the assigned claims plan, including detailed demographic information on the individuals who are submitting claims and whose claims are being assigned.

History: Add. 2012, Act 204, Imd. Eff. June 27, 2012
Mich. Comp. Laws § 500.3406z — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3406z
Essential health benefit coverage; annual and lifetime dollar limits; prohibition; applicability to grandfathered health plan coverage.
Status: in_force

Sec. 3406z.

(1) An insurer that delivers, issues for delivery, or renews in this state a health insurance policy shall not institute either of the following:

(a) Lifetime limits on the dollar value of essential health benefit coverage under section 3406bb(1).

(b) Annual limits on the dollar value of essential health benefit coverage under section 3406bb(1).

(2) This section does not prevent an insurer from placing annual or lifetime dollar limits with respect to any individual on specific covered benefits that are not essential health benefits to the extent that the limits are otherwise permitted under applicable federal or state law.

(3) This section does not apply to grandfathered health plan coverage, as that term is defined in 45 CFR 147.140, or to a short-term or 1-time limited duration policy or certificate of not longer than 6 months.

History: Add. 2023, Act 159, Eff. Feb. 13, 2024
Mich. Comp. Laws § 600.1493 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.1493
Enforcement of MCL 600.1490, 600.1491, and 600.1492; violation.
Status: in_force

Sec. 1493.

The state court administrative office is responsible for enforcing sections 1490, 1491, and 1492 through the court recording and reporting board of review or by other administrative means.

Any violation of section 1490, 1491, or 1492 shall be cause for refusal of the state court administrative office's board of review to issue renewal certificates to certified court reporters, court recorders, or stenomask reporters. Any willful violation of section 1490, 1491, or 1492 shall be grounds for discipline or censure, or suspension or revocation of certification as a Michigan certified court reporter, court recorder, stenomask reporter, or court reporting firm.

History: Add. 1998, Act 249, Imd. Eff. July 10, 1998
Mich. Comp. Laws § 500.3707 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3707
Health benefit plan; marketing; affiliation period.
Status: in_force

Sec. 3707.

As a condition of transacting business in this state with small employers, every small employer carrier shall make available to small employers all health benefit plans it markets to small employers in this state. A small employer carrier shall be considered to be marketing a health benefit plan if it offers that plan to a small employer not currently receiving a health benefit plan from that small employer carrier. A small employer carrier shall issue any health benefit plan to any small employer that applies for the plan and agrees to make the required premium payments and to satisfy the other reasonable provisions of the health benefit plan not inconsistent with this chapter.

Except as otherwise provided in this subsection, a small employer carrier shall not offer or sell to small employers a health benefit plan that contains a waiting period applicable to new enrollees or late enrollees. However, a small employer carrier may offer or sell to small employers other than sole proprietors a health benefit plan that provides for an affiliation period of time that must expire before coverage becomes effective for a new enrollee or a late enrollee if all of the following are met:

The affiliation period is applied uniformly to all new and late enrollees and dependents of the new and late enrollees of the small employer and without regard to any health status-related factor.

The affiliation period does not exceed 60 days for new enrollees and does not exceed 90 days for late enrollees.

The small employer carrier does not charge any premiums for the enrollee during the affiliation period.

The coverage issued is not effective for the enrollee during the affiliation period.

History: Add. 2003, Act 88, Eff. Jan. 23, 2004
Mich. Comp. Laws § 487.3419 — MI Code / Chapter 487 / Act Act-354-of-1996 / Section 487.3419
Purchase or assumption of national or state chartered bank, savings bank, or association; operation as new branch.
Status: in_force

Sec. 419.

Notwithstanding any other provision of this act, a savings bank that purchases or assumes all or substantially all of the assets or liabilities of an eligible insured national or state chartered bank, savings bank, or association may retain and maintain the main premises, branches, or agency offices of the former national bank, state chartered bank, or association as branches of the purchasing savings bank, provided it assumes the deposit liabilities of the eligible national bank, state chartered bank, savings bank, or association maintained at the main premises, branches, or agency offices. The notice required by section 417(1) shall be given for each main premises, branch, or agency office the purchasing savings bank intends to operate as a new branch.

History: 1996, Act 354, Imd. Eff. July 1, 1996
Mich. Comp. Laws § 285.271 — MI Code / Chapter 285 / Act Act-220-of-1982 / Section 285.271
General reserve fund.
Status: in_force

Sec. 21.

The authority shall create and establish a special fund, referred to as a general reserve fund, and, subject to agreements with bondholders and noteholders, shall pay into the fund all fees and charges collected by the authority on loans made from and mortgages acquired with the proceeds of the sale of bonds and any money which the authority transfers from the capital reserve fund. That money and any other money paid into the general reserve fund, in the discretion of the authority but subject to agreements with bondholders and noteholders, may be used by the authority for any of the following:

For the repayment of advances from the state in accordance with the provisions of repayment agreements between the authority and the director of the department of management and budget.

To pay all costs, expenses, and charges of financing, including fees and expenses of trustees and paying agents.

For transfers to the capital reserve fund.

For the payment of the principal of and interest on bonds or notes issued by the authority when they shall become due whether at maturity or on call for redemption and for the payment of a redemption premium required to be paid if the bonds or notes are redeemed prior to their stated maturities, and to purchase bonds or notes.

For other corporate purposes of the authority as the authority in its discretion shall determine and provide.

History: 1982, Act 220, Imd. Eff. July 10, 1982
Mich. Comp. Laws § 280.247 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.247
Attorney; employment; expenses and costs, payment from drain fund; prosecuting attorney; "attendant expenses and costs" defined .
Status: in_force

Sec. 247.

(1) The county drain commissioner or drainage board acting under this act may employ an attorney if the drain commissioner or drainage board, as appropriate, considers it necessary. If an attorney is employed, all attendant expenses and costs shall be charged to the drainage districts on behalf of which the attorney is employed. All attendant expenses and costs shall be paid out of the drain fund of the drainage district or the revolving drain fund. If the attendant expenses and costs are paid out of the revolving drain fund or if the drain fund of the drainage district does not have sufficient funds to pay the attendant expenses and costs, the attendant expenses and costs shall be assessed to the drainage district in the same proportion as costs of the drain were assessed as provided in chapter 7 and the collections of these assessments shall be used either to reimburse the revolving drain fund or to pay the attendant expenses and costs, as appropriate.

(2) The county board of commissioners for a county, by resolution, may provide for the prosecuting attorney to give legal assistance to the county drain commissioner as part of the prosecuting attorney's duties.

(3) As used in this section, "attendant expenses and costs" means those expenses and costs incurred for a drainage district in furtherance of the duties and responsibilities of a drain commissioner or drainage board, including, but not limited to, 1 or more of the following:

(a) Actual attorney fees.

(b) Expert witness and consultant fees.

(c) Money and costs expended in connection with litigation or the threat of litigation.

(d) Payments made in satisfaction or partial satisfaction of any orders or judgments entered against a drainage district.

(e) Money and costs expended to obtain a release, waiver, or other settlement of claims.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956; Am. 2018, Act 646, Eff. Mar. 28, 2019
Mich. Comp. Laws § 257.402 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.402
Rear end collision; prima facie evidence of negligence.
Status: in_force

Sec. 402.

In any action, in any court in this state when it is shown by competent evidence, that a vehicle traveling in a certain direction, overtook and struck the rear end of another vehicle proceeding in the same direction, or lawfully standing upon any highway within this state, the driver or operator of such first mentioned vehicle shall be deemed prima facie guilty of negligence. This section shall apply, in appropriate cases, to the owner of such first mentioned vehicle and to the employer of its driver or operator.

This section may not be invoked by the owner of any vehicle, the rear of which was struck under the circumstances above mentioned, if the accident occurred between 1 hour after sunset and 1 hour before sunrise, and the vehicle so struck did not, at the time, have a lighted lamp or lantern reasonably visible to the drivers of vehicles approaching from the rear.

History: 1949, Act 300, Eff. Sept. 23, 1949
Mich. Comp. Laws § 780.163 — MI Code / Chapter 780 / Act Act-8-of-1952 / Section 780.163
Court acting as responding court; docketing case; notification; jurisdiction by court over obligor or obligor's property; utilization of child support formula.
Status: in_force

Sec. 13.

(1) When the court of this state, acting as a responding court, receives from the interstate central registry of this state copies of the petition, certificate, and act, the clerk of the court shall docket the case and notify the prosecuting attorney of the county, an attorney employed or contracted under section 10a(2), or the friend of the court, as applicable, who shall be charged with the duty of carrying on the proceedings.

(2) The prosecuting attorney, an attorney employed or contracted under section 10a(2), or the friend of the court shall take all action necessary in accordance with the laws of this state to enable the court to obtain jurisdiction over the obligor or the obligor's property. He or she shall prosecute the case diligently.

(3) A party petitioning for child support under this act shall utilize as a guideline the child support formula developed under section 19 of the friend of the court act, 1982 PA 294, MCL 552.519.

History: 1952, Act 8, Eff. Sept. 18, 1952; Am. 1953, Act 202, Eff. Oct. 2, 1953; Am. 1985, Act 172, Eff. Mar. 1, 1986; Am. 1990, Act 241, Imd. Eff. Oct. 10, 1990; Am. 2014, Act 371, Eff. Mar. 17, 2015
Mich. Comp. Laws § 500.4002 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.4002
Life insurance policies; discrimination against living donors; prohibition; definitions.
Status: in_force

Sec. 4002.

(1) This section applies to life insurance policies or certificates delivered or issued for delivery after December 31, 2023.

(2) Unless there is an additional actuarial risk, as determined in accordance with sound actuarial principles as well as the individual's actual and reasonably anticipated experience, an insurer shall not do any of the following with respect to a life insurance policy or certificate based solely on the individual's status as a living donor:

(a) Deny coverage.

(b) Cancel coverage.

(c) Refuse to issue the policy or certificate.

(d) Determine the price or premium for the policy or certificate.

(e) Otherwise vary a term or condition of the policy or certificate.

(3) As used in this section:

(a) "Living donor" means an individual who is not deceased and has donated any of the following:

( i ) All or part of an organ.

( ii ) A tissue.

(b) "Organ" means a human kidney, liver, heart, lung, pancreas, esophagus, stomach, or small or large intestine, a portion of the gastrointestinal tract, or another part of the human body designated by the department by rule.

(c) "Tissue" means a portion of the human body other than an organ, including, but not limited to, an eye, skin, bone, bone marrow, a heart valve, a spermatozoon, an ova, an artery, a vein, a tendon, a ligament, blood, blood derivatives, a pituitary gland, or fluid.

History: Add. 2023, Act 192, Imd. Eff. Nov. 7, 2023
Mich. Comp. Laws § 247.175 — MI Code / Chapter 247 / Act Act-368-of-1925 / Section 247.175
Trespass action; pleadings and trial.
Status: in_force

Sec. 5.

The declaration in such action shall follow the order required by section 1 of this chapter, in describing such encroachment. The defendant may plead denying the encroachment in whole or in part, and may also deny the existence of a highway where such encroachment is claimed to be, but otherwise the legal existence of the highway shall not be questioned on the trial, and the fact of such encroachment, and where the true line of the highway is, shall only be tried.

History: 1925, Act 368, Eff. Aug. 27, 1925; CL 1929, 4045; CL 1948, 247.175
Mich. Comp. Laws § 487.13808 — MI Code / Chapter 487 / Act Act-276-of-1999 / Section 487.13808
Distribution of sale proceeds; issuance of new certificates; effect of uniform commercial code.
Status: in_force

Sec. 3808.

If, 30 days after notice as provided in section 3807, a shareholder has refused or neglected to pay an assessment levied on the shares held by the shareholder, the directors may sell any or all of the shareholder's shares to satisfy the assessment. The proceeds of the sale shall be distributed in the following order:

The reasonable expenses of holding for sale and selling the stock in a manner not prohibited by law, including reasonable attorney fees and legal expenses incurred by the bank.

The satisfaction of the assessment levied by the directors.

The satisfaction of an indebtedness secured by any security interest in the stock if written notification demanding proceeds is received by the bank before distribution of the proceeds is completed. Unless the holder of a security interest provides reasonable proof of the interest, the bank does not have to comply with this subdivision.

Any remaining surplus shall be distributed to the shareholder.

Disposition of the stock may be at a public or private sale at any time and on any terms, but every aspect of the disposition including the method, manner, time, place, and terms shall be commercially reasonable and reasonably calculated to meet the deficiency.

A sale of stock as provided in this section shall effect an absolute cancellation of any outstanding certificates evidencing the stock sold and any security interest granted or pledge made in stock issued after the effective date of this act. Upon full payment of the stock sold, the bank shall issue new certificates to the purchaser.

The purchaser takes the stock free of any rights or interests the shareholder may have based on an unintentional failure by the bank to comply with this section or section 3807 if all of the following apply:

The purchaser has no knowledge of any defect in the proceedings.

The purchaser does not act in collusion with any shareholders of the bank, a secured party, other bidders, or the bank.

The purchaser makes the purchase in good faith.

The ability of a bank to make an assessment under section 3807 or to sell the stock of a shareholder under this section is not limited by the uniform commercial code.

History: 1999, Act 276, Eff. Mar. 1, 2000