FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 380.1702 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1702
Special education programs and services; application for approval of noncomplying programs and services; notice of noncompliance; proof of compliance or emergency; directing provision of complying programs or services; funding; contributing; unreimbursed cost.
Status: in_force

Sec. 1702.

If a local school district board claims the existence of an emergency due to extreme financial conditions because of insufficient operating funds or due to a severe classroom shortage, which emergency the local school district claims renders it unable to provide special education programs and services in compliance with section 1751, the local school district board shall apply in writing to the state board before July 1 of the particular school year for approval to provide special education programs or services which do not comply with section 1751. The state board may extend the filing date for good cause.

In its application the local school district board shall demonstrate the need to provide noncomplying special education programs and services and shall include the proposed programs and services it is able to provide and the efforts to be undertaken to alleviate the emergency. If the state board finds an emergency exists in the local school district for the school year, the state board may approve the providing of noncomplying special education programs or services and prescribe conditions for those programs and services.

If the state board determines that a local school district is not providing special education programs and services in compliance with section 1751, and the local school district has not obtained prior approval from the state board, the state board shall give the local school district board written notice of the noncompliance. Unless the local school district board submits proof of compliance or of an unforeseen emergency within 30 days after receipt of the notice, the state board shall direct the intermediate school board of which the local school district is constituent to provide complying programs or services. The state board shall direct the intermediate school board to provide only those programs or services which the state board determines the local school district is not providing in compliance with section 1751.

Special education programs or services which the state board directs an intermediate school district to provide shall be funded as if provided by the local school district and the local school district board shall contribute to the intermediate school district the unreimbursed cost of the programs or services.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Mich. Comp. Laws § 141.601 — MI Code / Chapter 141 / Act Act-284-of-1964 / Section 141.601
Uniform city income tax ordinance; short title.
Status: in_force

Sec. 1.

This ordinance shall be known and may be cited as the "uniform city income tax ordinance".

History: 1964, Act 284, Imd. Eff. June 12, 1964
Mich. Comp. Laws § 400.1 — MI Code / Chapter 400 / Act Act-280-of-1939 / Section 400.1
Family independence agency; creation; powers and duties; director, assistants, and employees; rules; successor to juvenile institute commission; other references.
Status: in_force

Sec. 1.

A department of state government is created that shall be known and designated as the family independence agency, and that shall possess the powers granted and perform the duties imposed in this act. The family independence agency shall consist of a director and the assistants and employees appointed or employed in the family independence agency.

The family independence agency is responsible for the operation and supervision of the institutions and facilities established within the family independence agency. The institutions and facilities may be operated on a coeducational basis. The family independence agency shall make and enforce its own rules, not inconsistent with the law governing the institutions or facilities under its control, respecting the conduct of the institutions and facilities, discipline in the institutions and facilities, the care of property, and the welfare of the residents.

The family independence agency shall be, in all respects, the legal successor to the powers, duties and responsibilities of the juvenile institute commission.

A reference in this act to "the state department of social services", "the state department", or "department" means the family independence agency.

History: 1939, Act 280, Imd. Eff. June 16, 1939; Am. 1943, Act 208, Imd. Eff. Apr. 17, 1943; Am. 1947, Act 224, Imd. Eff. June 17, 1947; CL 1948, 400.1; Am. 1957, Act 95, Eff. Sept. 27, 1957; Am. 1972, Act 301, Eff. Jan. 1, 1973; Am. 1995, Act 223, Eff. Mar. 28, 1996
Mich. Comp. Laws § 552.642 — MI Code / Chapter 552 / Act Act-295-of-1982 / Section 552.642
Makeup parenting time policy; establishment; approval; provisions of policy; notice; response; procedures.
Status: in_force

Sec. 42.

(1) Each circuit shall establish a makeup parenting time policy under which a parent who has been wrongfully denied parenting time is able to make up the parenting time at a later date. The policy does not apply until it is approved by the chief circuit judge. A makeup parenting time policy established under this section shall provide all of the following:

(a) That makeup parenting time shall be at least the same type and duration of parenting time as the parenting time that was denied, including, but not limited to, weekend parenting time for weekend parenting time, holiday parenting time for holiday parenting time, weekday parenting time for weekday parenting time, and summer parenting time for summer parenting time.

(b) That makeup parenting time shall be taken within 1 year after the wrongfully denied parenting time was to have occurred.

(c) That the wrongfully denied parent shall choose the time of the makeup parenting time.

(d) That the wrongfully denied parent shall notify both the office of the friend of the court and the other parent in writing not less than 1 week before making use of makeup weekend or weekday parenting time or not less than 28 days before making use of makeup holiday or summer parenting time.

(2) If wrongfully denied parenting time is alleged and the friend of the court determines that action should be taken, the office of the friend of the court shall send each party a notice containing the following statement in boldfaced type of not less than 12 points:

"FAILURE TO RESPOND IN WRITING TO THE OFFICE OF THE FRIEND OF THE COURT WITHIN 21 DAYS AFTER THIS NOTICE WAS SENT SHALL BE CONSIDERED AS AN AGREEMENT THAT PARENTING TIME WAS WRONGFULLY DENIED AND THAT THE MAKEUP PARENTING TIME POLICY ESTABLISHED BY THE COURT WILL BE APPLIED.".

"FAILURE TO RESPOND IN WRITING TO THE OFFICE OF THE FRIEND OF THE COURT WITHIN 21 DAYS AFTER THIS NOTICE WAS SENT SHALL BE CONSIDERED AS AN AGREEMENT THAT PARENTING TIME WAS WRONGFULLY DENIED AND THAT THE MAKEUP PARENTING TIME POLICY ESTABLISHED BY THE COURT WILL BE APPLIED.".

(3) If a party to the parenting time order does not respond in writing to the office of the friend of the court, within 21 days after the office sends the notice required under subsection (2), to contest the application of the makeup parenting time policy, the office of the friend of the court shall notify each party that the makeup parenting time policy applies. If a party makes a timely response to contest the application of the makeup parenting time policy, the office of the friend of the court shall utilize a procedure authorized under section 41 other than the application of the makeup parenting time policy.

History: 1982, Act 295, Eff. July 1, 1983; Am. 1985, Act 210, Eff. Mar. 1, 1986; Am. 1996, Act 25, Eff. June 1, 1996; Am. 2002, Act 568, Eff. Dec. 1, 2002
Mich. Comp. Laws § 324.11718 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11718
Rules.
Status: in_force

Sec. 11718.

(1) The department shall promulgate rules that establish both of the following:

(a) Continuing education requirements under section 11703.

(b) Design and operating requirements for receiving facilities, as provided in section 11715b.

(2) The department may, in addition, promulgate rules that do 1 or more of the following:

(a) Add other materials and substances to the definition of septage waste.

(b) Add enclosures to the list of enclosures in the definition of domestic septage under section 11701 the servicing of which requires a septage waste servicing license under this part.

(c) Specify information required on an application for a septage waste servicing license, septage waste vehicle license, or site permit.

(d) Establish standards or procedures for a department order under section 11708 prohibiting the operation of a wastewater treatment plant or structure as a receiving facility.

(3) The department of environmental quality and the department of agriculture and rural development shall jointly promulgate rules establishing field sanitation and food safety standards for the purposes of section 11721.

History: 1994, Act 451, Eff. Mar. 30, 1995; Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004; Am. 2018, Act 271, Eff. Sept. 27, 2018
Mich. Comp. Laws § 324.5312 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.5312
Termination of assistance; determination; causes; notice; repayment of outstanding loan balance; requirements under state or federal law.
Status: in_force

Sec. 5312.

The department may make a determination that assistance should be terminated and may issue an order recommending that the authority take appropriate action to terminate assistance.

Cause for making a determination under subsection (1) includes, but is not limited to, 1 or more of the following:

Substantial failure to comply with the terms and conditions of the agreement providing assistance.

A legal finding or determination that the assistance was obtained by fraud.

Practices in the administration of the project that are illegal or that may impair the successful completion or organization of the project.

Misappropriation of assistance for uses other than those set forth in the agreement providing assistance.

The department shall give written notice to the municipality by certified letter of the intent to issue an order recommending that assistance be terminated. This notification must be issued not less than 30 days before the department forwards the order recommending that the authority take appropriate action to terminate assistance.

The termination of assistance by the authority shall not excuse or otherwise affect the municipality's requirement for repayment of the outstanding loan balance to the fund.

Termination of assistance under this section does not relieve the municipality of any requirements that may exist under state or federal law to construct the project.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 38.1322 — MI Code / Chapter 38 / Act Act-300-of-1980 / Section 38.1322
Public school employees' retirement board; creation; appointment, qualifications, and terms of members; vacancy.
Status: in_force

Sec. 22.

The Michigan public school employees' retirement board is created in the department and shall consist of the superintendent of public instruction and 11 members appointed by the governor with the advice and consent of the senate as follows:

Two members who are working as classroom teachers or as other certified school personnel.

One nonteacher member who is working in a noncertified educational support position or a retirant who retired from a noncertified educational support position.

One member who is a school system superintendent.

One member who is working in a school system in a finance or operations management position, but who is not a school system superintendent.

One retirant who retired from a classroom teacher position.

One retirant who retired from a finance or operations management position.

One administrator or trustee of a community college, which community college is a reporting unit.

Two from the general public, 1 of which shall have experience in health insurance or actuarial science and 1 of which shall have experience in institutional investments. An individual appointed under this subdivision shall not be a member, deferred member, retirant, or retirement allowance beneficiary under this act.

One elected member of a reporting unit's board of control.

One of the retirement board members under subsection (1) shall be a member who is an employee of a school district of the first class or a retirant who retired from a position as an employee of a school district of the first class. One of the retirant members of the retirement board shall be selected from the membership of the largest organization of retirants.

The term of office of the retirement board members shall be 4 years. A vacancy of a member on the retirement board shall be filled in the same manner as the original appointment for the remainder of the unexpired term. A retirement board member shall continue to hold office until a successor is appointed and has qualified, but not to exceed an additional 4 years.

The 7 members appointed and serving on the retirement board on July 1, 1997 shall have their respective terms extended by 2 years and shall serve for the remainder of their extended terms. As each board member's term expires under this subsection, the new appointment shall be made in accordance with subsection (1). On January 1, 1997, 2 new individuals shall be appointed as members of the retirement board in accordance with subsection (1). The initial terms of office of these 2 new members shall expire on March 30, 2001. On October 31, 1997, 2 new individuals shall be appointed as members of the retirement board in accordance with subsection (1). The initial terms of office of these 2 new members shall expire on March 30, 2000.

History: 1980, Act 300, Imd. Eff. Oct. 31, 1980; Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989; Am. 1996, Act 488, Eff. Mar. 31, 1997; Am. 1997, Act 143, Imd. Eff. Nov. 19, 1997
Mich. Comp. Laws § 722.533 — MI Code / Chapter 722 / Act Act-271-of-1925 / Section 722.533
Protection of children's rights; prosecuting attorney.
Status: in_force

Sec. 3.

It shall be the duty of the prosecuting attorney of the county, in some court of or for which the director, with the advice of the attorney general, determines to begin his action to discharge this service for the state including appeals whenever such may be necessary to reach a final determination.

History: Add. 1955, Act 186, Imd. Eff. June 14, 1955
Mich. Comp. Laws § 207.1094 — MI Code / Chapter 207 / Act Act-403-of-2000 / Section 207.1094
Aviation fuel.
Status: in_force

Sec. 94.

(1) A person shall not purchase for resale motor fuel identified on a shipping paper or invoice as aviation fuel unless the person is registered with the department on a form or in a format prescribed by the department.

(2) Motor fuel upon which the tax imposed under section 203 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.203, has been paid shall be identified on the shipping paper or invoice as aviation fuel and shall be sold only for aviation purposes. A seller shall obtain from the purchaser a statement that the fuel will only be sold or used as aviation fuel.

(3) A person shall not sell, use, or label motor fuel that is exempt from tax under section 30(1)(f) or that has been identified on a shipping paper or invoice as aviation fuel for use other than as aviation fuel, except that a person may sell or use motor fuel identified on a shipping paper or invoice as "aviation fuel exempt for LRF" under this act for the sole purpose of producing leaded racing fuel as that term is defined in section 4.

(4) A person shall not sell, use, or label for aviation purposes motor fuel identified on a shipping paper or invoice as diesel fuel.

(5) A person who knowingly violates this section is guilty of a felony.

History: 2000, Act 403, Eff. Apr. 1, 2001; Am. 2008, Act 26, Eff. May 12, 2008
Mich. Comp. Laws § 600.8314 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8314
Probation departments.
Status: in_force

Sec. 8314.

In each district of the district court, the judge or judges of the district may establish a probation department within a district control unit. The necessary and reasonable expense of a probation department shall be borne by the district control unit.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968; Am. 1980, Act 438, Eff. Sept. 1, 1981; Am. 1984, Act 278, Eff. Jan. 1, 1985; Am. 1996, Act 374, Eff. Oct. 1, 1996
Mich. Comp. Laws § 49.11 — MI Code / Chapter 49 / Act Act-72-of-1887 / Section 49.11
Prosecuting attorney; preparation of briefs, attendance at criminal proceedings on supreme court, duties, compensation and expenses.
Status: in_force

Sec. 1.

That in all criminal proceedings removed to the supreme court by writ of error, mandamus or otherwise, it shall be the duty of the prosecuting attorney of the county from which any cause is so removed to prepare a brief on behalf of the people therein, and to furnish the same to the attorney general where such cause is a calendar cause, at least 20 days before the time at which such cause is set for hearing, and in all other cases such prosecuting attorney shall furnish such brief to the attorney general at least 2 days before the time for the hearing of such cause. It shall be the duty of the prosecuting attorney of the county from which any cause is so removed where such cause is made a calendar cause on the request of the attorney general to appear on behalf of the people in the supreme court, and to assist the attorney general to conduct such cause in such court, and for his services in such case such prosecuting attorney shall, in addition to his regular salary, receive a reasonable compensation; including his expenses in traveling to and from, and on his attendance in such court, when so requested by the attorney general. Such expenses in traveling to and from and compensation for attendance in such court to be certified to by the attorney general and ascertained and determined by the board of state auditors, and paid by the state out of any funds belonging to the state not otherwise appropriated, and the expenses of preparing and printing any brief or argument prepared in such case shall be paid by the county from which the case is removed.

History: 1887, Act 72, Imd. Eff. Apr. 15, 1887; How. 559a; Am. 1891, Act 75, Eff. Oct. 2, 1891; CL 1897, 2564; CL 1915, 2413; CL 1929, 1294; CL 1948, 49.11
Mich. Comp. Laws § 247.668k — MI Code / Chapter 247 / Act Act-51-of-1951 / Section 247.668k
List of projects for which notes or bonds to be issued.
Status: in_force

Sec. 18k.

If the state transportation commission, by resolution, after January 1, 1983, authorizes the issuance of notes or bonds, the state transportation commission shall provide the appropriations committees of the senate and the house of representatives with a list of the projects for which the notes or bonds are to be issued. The list shall be provided at least 30 days before the notes or bonds are issued.

History: Add. 1982, Act 438, Eff. Jan. 1, 1983; Am. 1983, Act 82, Imd. Eff. June 15, 1983
Mich. Comp. Laws § 500.1226 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.1226
Persons aiding adjuster; representation by adjuster; procedure for soliciting loss; schedule of rates; limitation on charges; contract.
Status: in_force

Sec. 1226.

An adjuster for an insured shall not employ a person to aid, directly or indirectly, in soliciting or adjusting a loss and shall not offer or pay a fee, commission, or other valuable consideration to a person to aid, directly or indirectly, in soliciting or adjusting a loss unless the adjuster regularly employs that person to so act for him or her and that person is licensed to act as an adjuster by the commissioner.

An adjuster for the insured shall not represent that he or she is an adjuster for or a representative of an insurer, that he or she is a fire investigator, or that he or she is connected with a fire department. When soliciting a loss, an adjuster shall orally identify himself or herself to the prospective client as an adjuster for the insured, and leave with the prospective client a business card or other document which clearly indicates that he or she is an adjuster for the insured and the rates which the adjuster charges for his or her services.

An adjuster for the insured shall not charge a rate for his or her services which exceeds 10% of the amount paid by the insurer in settlement of the loss.

An adjuster for an insured shall not provide his or her services to a client until the adjuster has contracted in writing, on a form approved by the commissioner, with the insured or his or her authorized representative. A contract which is executed within 48 hours after conclusion of the loss-producing occurrence shall be voidable at the option of the insured for 10 days after execution of the contract. The written contract shall constitute the entire agreement between the adjuster for the insured and the insured. A copy of the contract shall be given to the insured when the contract is executed.

History: Add. 1972, Act 133, Eff. Mar. 30, 1973; Am. 1984, Act 7, Imd. Eff. Feb. 1, 1984
Mich. Comp. Laws § 324.11715d — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11715d
Advisory committee to make recommendations on septage waste storage facility management practices.
Status: in_force

Sec. 11715d.

(1) Within 60 days after the effective date of the amendatory act that added this section, the department shall convene an advisory committee to make recommendations on septage waste storage facility management practices, including, but not limited to, storage facility inspections. The advisory committee shall include at least all of the following:

(a) A storage facility operator.

(b) A receiving facility operator.

(c) A generator of septage waste.

(d) A representative of township government.

(e) A representative of an environmental protection organization.

(f) A licensed Michigan septage waste hauler.

(2) Within 18 months after the effective date of this section, the department shall establish generally accepted septage storage facility management practices and post the management practices on the department's website.

(3) A person shall not construct a septage waste storage facility without written approval from the department.

History: Add. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Mich. Comp. Laws § 560.109b — MI Code / Chapter 560 / Act Act-288-of-1967 / Section 560.109b
Parcels of 20 or more acres.
Status: in_force

Sec. 109b.

An exempt split or other partitioning or splitting of a parcel or tract that only results in parcels of 20 acres or more in size is not subject to approval under this act if the parcel or tract is not accessible and 1 of the following applies:

The parcel or tract was in existence on March 31, 1997.

The parcel or tract resulted from an exempt split or other partitioning or splitting under this section.

The proprietor shall provide the purchaser of a parcel resulting from an exempt split or other partitioning or splitting under subsection (1) with the following written statement before closing:

"This parcel is not accessible as defined in the land division act, 1967 PA 288, MCL 560.101 to 560.293.".

History: Add. 1997, Act 87, Imd. Eff. July 28, 1997