FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 451.2606 — MI Code / Chapter 451 / Act Act-551-of-2008 / Section 451.2606
Availability of filings to public.
Status: in_force

Sec. 606.

(1) The administrator shall maintain, or designate a person to maintain, a register of all applications for registration of securities; registration statements; notice filings, applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this act or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this act or the predecessor act; and interpretative opinions or no-action determinations issued under this act.

(2) The administrator shall make all rules, forms, interpretative opinions, and orders available to the public.

(3) Upon request, the administrator shall furnish to a person a copy of a record that is a public record or a certification that the public record does not exist. A rule under this act may establish a reasonable charge for furnishing the record. A copy of the record certified or a certificate of its nonexistence by the administrator is prima facie evidence of a record or its nonexistence.

History: 2008, Act 551, Eff. Oct. 1, 2009
Mich. Comp. Laws § 24.275a — MI Code / Chapter 24 / Act Act-306-of-1969 / Section 24.275a
Definitions; hearing where witness testifies as alleged victim of sexual, physical, or psychological abuse; use of dolls or mannequins; support person; notice; ruling on objection; exclusion of persons not necessary to proceeding; section additional to other protections or procedures.
Status: in_force

Sec. 75a.

As used in this section:

"Developmental disability" means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a except that, for the purposes of implementing this section, developmental disability includes only a condition that is attributable to a mental impairment or to a combination of mental and physical impairments, and does not include a condition attributable to a physical impairment unaccompanied by a mental impairment.

"Witness" means an alleged victim under subsection (2) who is either of the following:

A person under 16 years of age.

A person 16 years of age or older with a developmental disability.

This section only applies to a contested case in which a witness testifies as an alleged victim of sexual, physical, or psychological abuse. As used in this subsection, "psychological abuse" means an injury to the witness's mental condition or welfare that is not necessarily permanent but results in substantial and protracted, visibly demonstrable manifestations of mental distress.

If pertinent, the witness shall be permitted the use of dolls or mannequins, including, but not limited to, anatomically correct dolls or mannequins, to assist the witness in testifying on direct and cross-examination.

A witness who is called upon to testify shall be permitted to have a support person sit with, accompany, or be in close proximity to the witness during his or her testimony. A notice of intent to use a support person shall name the support person, identify the relationship the support person has with the witness, and give notice to all parties to the proceeding that the witness may request that the named support person sit with the witness when the witness is called upon to testify during any stage of the proceeding. The notice of intent to use a named support person shall be served upon all parties to the proceeding. The agency shall rule on any objection to the use of a named support person prior to the date at which the witness desires to use the support person.

In a hearing under this section, all persons not necessary to the proceeding shall be excluded during the witness's testimony.

This section is in addition to other protections or procedures afforded to a witness by law or court rule.

History: Add. 1987, Act 46, Eff. Jan. 1, 1988; Am. 1998, Act 327, Imd. Eff. Aug. 3, 1998
Mich. Comp. Laws § 460.627 — MI Code / Chapter 460 / Act Act-332-of-2020 / Section 460.627
Propane assessment; subject to referendum; rate; notification; collection of assessment; records; deposit of collections.
Status: in_force

Sec. 7.

(1) Subject to a referendum under section 11(2), beginning on January 1 of the year following the effective date of this act, an initial assessment at the rate of 1/10 of 1 cent per gallon is levied upon odorized propane sold and placed into commerce in this state. The commission shall determine the assessment rate for subsequent years subject to subsections (2) and (3).

(2) Not later than December 1 of each year, the commission shall notify each wholesale propane distributor and retail propane marketer of the applicable assessment rate for the next year.

(3) The total annual assessment rate levied under this section must not exceed 1/2 of 1 cent per gallon.

(4) Each wholesale propane distributor or other owner of propane at the time of odorization in this state, or at the time of import of odorized propane into this state, shall make and collect an assessment based on the volume of odorized propane sold and placed into commerce in this state. Each wholesale propane distributor shall separately identify and itemize the assessment on an invoice, bill of sale, or other similar billing document given to a retail propane marketer for the sale of odorized propane.

(5) Each person responsible for collecting the assessment shall remit all assessments to the commission on a quarterly basis, not later than the 25th day of the month following the end of each calendar quarter. Each person responsible for collecting the assessment shall file a report, on a form provided by the commission, not later than the 25th day of the month following the end of the calendar quarter regardless of the amount due.

(6) Each person responsible for collecting the assessment shall keep records of the volume of odorized propane the person imported, sold, delivered, or used in this state, including the number of gallons, name of purchaser, and rate of assessment with respect to odorized propane that is subject to this act. All records made or kept as required by this subsection must be made available to the commission upon its written request to determine compliance with this act. The commission shall keep the records confidential and shall not disclose the records except to its accountants, attorneys, or financial advisors without a court order directing it to do so.

(7) The commission shall deposit the assessments it collects under this act into a financial institution as described in section 8 and shall not commingle the assessments with other funds. The commission shall use the assessments it collects under this act for the purposes of this act.

History: 2020, Act 332, Imd. Eff. Dec. 29, 2020
Mich. Comp. Laws § 418.353 — MI Code / Chapter 418 / Act Act-317-of-1969 / Section 418.353
Determination of dependency.
Status: in_force

Sec. 353.

(1) For the purposes of sections 351 to 361, dependency shall be determined as follows:

(a) A child under the age of 16 years, or 16 years or over if physically or mentally incapacitated from earning, living with his parent at the time of the injury of that parent.

(b) In all other cases questions of dependency shall be determined in accordance with the facts at the time of the injury, except as provided in subsection (3). A person shall not be considered a dependent unless he or she is a member of the family of the injured employee, or unless the person bears to the injured employee the relation of husband or wife, or lineal descendent, or ancestor or brother or sister. Except as to a person conclusively presumed to be a dependent, a person who receives less than 1/2 of his or her support from an injured employee shall not be considered to be a dependent.

(2) Weekly payments to an injured employee shall be reduced by the additional amount provided for any dependent child or spouse or other dependent when the child either reaches the age of 18 years or after becoming 16 ceases for a period of 6 months to receive more than 1/2 of his or her support from the injured employee, if at that time the child is neither physically nor mentally incapacitated from earning; when the spouse is divorced by final decree from his or her injured spouse; or when the child, spouse, or other dependent is deceased.

(3) An increase in payments shall be made for increased numbers of conclusive dependents as defined in this act who were not dependent at the time of the injury of an employee.

History: 1969, Act 317, Eff. Dec. 31, 1969; Am. 1971, Act 215, Imd. Eff. Dec. 30, 1971; Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Mich. Comp. Laws § 45.520 — MI Code / Chapter 45 / Act Act-293-of-1966 / Section 45.520
Home rule county status; when change occurs; incumbent officers.
Status: in_force

Sec. 20.

A county is not deemed to have changed its status from that of a regular county to a home rule county until the charter has been adopted by the electorate and the officers provided for therein have been elected. Each incumbent officer having been elected prior to the adoption of the charter and whose office has not been abolished or duties transferred to another office or department by the charter, for all purposes, shall be deemed to be a home rule county officer duly elected and qualified.

History: 1966, Act 293, Eff. Mar. 10, 1967
Mich. Comp. Laws § 440.4906 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.4906
Originator of funds transfer; conditions for payment to beneficiary; satisfaction and discharge of obligation; determination; rights varied by agreement.
Status: in_force

Sec. 4A406.

Subject to sections 4A211(5), 4A405(4), and 4A405(5), the originator of a funds transfer pays the beneficiary of the originator's payment order ( i ) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer and ( ii ) in an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order.

If payment under subsection (1) is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless ( i ) the payment under subsection (1) was made by a means prohibited by the contract of the beneficiary with respect to the obligation, ( ii ) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notified the originator of the beneficiary's refusal of the payment, ( iii ) funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary, and ( iv ) the beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under section 4A404(1).

For the purpose of determining whether discharge of an obligation occurs under subsection (2), if the beneficiary's bank accepts a payment order in an amount equal to the amount of the originator's payment order less charges of 1 or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator's order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.

Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.

History: Add. 1992, Act 100, Imd. Eff. June 25, 1992
Mich. Comp. Laws § 442.311 — MI Code / Chapter 442 / Act Act-90-of-1970 / Section 442.311
Definitions.
Status: in_force

Sec. 1.

As used in this act:

“Art dealer” means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.

“Artist” means the creator of a work of fine art or, if the creator is deceased, the creator's heirs or personal representatives.

“Bona fide purchaser” means a person who in good faith makes a purchase without notice of any outstanding rights of others.

“Commission” means the fee, compensation, or percentage of actual selling price of a work of fine art, agreed upon by the artist and art dealer, which the art dealer may retain after sale of the artist's work of fine art to a third party.

“Consignor” means a person who delivers or causes to be delivered a work of fine art to an art dealer on consignment.

“Fine art” means an original art or craft work which is:

A visual rendition including, but not limited to, a painting, drawing, sculpture, mosaic, video tape, or photograph.

A work of calligraphy.

A work of graphic art including, but not limited to, an etching, lithograph, offset print, or silk screen.

A craft work in materials including, but not limited to, clay, textile, fiber, wood, metal, plastic, glass, stone, or leather.

A work in mixed media including, but not limited to, a collage or a work consisting of any combination of subparagraphs ( i ) to ( iv ).

“On consignment” means that no title to or estate in the fine art or right to possession of the fine art superior to that of the consignor vests in the consignee, except that the consignee has the power or authority to transfer and convey, to a third person, all of the right, title, and interest of the consignor, in and to the fine art.

“Person” means an individual, partnership, corporation, association, or other group, however organized.

History: 1970, Act 90, Eff. Jan. 1, 1971; Am. 1982, Act 396, Eff. Mar. 30, 1983
Mich. Comp. Laws § 211.453 — MI Code / Chapter 211 / Act Act-130-of-1907 / Section 211.453
Unrecorded deed; cancellation; release of recorded deed, recording.
Status: in_force

Sec. 3.

If the deed executed and delivered to the petitioning purchaser by the department of natural resources on a sale is not recorded, the deed shall be delivered to the state treasurer for cancellation.

If the deed has been recorded, the petitioning purchaser shall execute and deliver to the state treasurer a release of the land to this state and shall pay to the state treasurer the cost of recording the release in the office of the register of deeds of the proper county. the state treasurer shall cause the release to be so recorded.

History: 1907, Act 130, Imd. Eff. June 12, 1907; CL 1915, 4164; CL 1929, 3728; CL 1948, 211.453; Am. 2002, Act 430, Imd. Eff. June 5, 2002
Mich. Comp. Laws § 600.8146 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8146
Eighty-first district.
Status: in_force

Sec. 8146.

(1) Until the date determined under subsection (2), the eighty-first district consists of the counties of Alcona, Arenac, Iosco, and Oscoda, is a district of the first class, and has 1 judge.

(2) Beginning on the date on which a vacancy occurs in the office of district judge in the eighty-first district or the beginning date of the term for which the incumbent district judge in the eighty-first district no longer seeks election or reelection to that office, whichever is earlier, all of the following apply:

(a) The eighty-first district consists of the counties of Alcona, Arenac, Iosco, and Oscoda and is a district of the first class.

(b) Under section 810a, the probate judge for the county of Alcona shall serve as judge of the eighty-first district within the county of Alcona.

(c) Under section 810a, the probate judge for the county of Arenac shall serve as judge of the eighty-first district within the county of Arenac.

(d) Under section 810a, the probate judge for the county of Iosco shall serve as judge of the eighty-first district within the county of Iosco.

(e) Under section 810a, the probate judge for the county of Oscoda shall serve as judge of the eighty-first district within the county of Oscoda.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968; Am. 2002, Act 92, Eff. Mar. 31, 2003; Am. 2012, Act 35, Imd. Eff. Feb. 28, 2012
Mich. Comp. Laws § 125.13 — MI Code / Chapter 125 / Act Act-281-of-1945 / Section 125.13
Regional planning commissions; limit of jurisdiction.
Status: in_force

Sec. 3.

The boundaries of the area which are to define the limit of jurisdiction of the regional planning commission shall be established by the resolutions of the participating legislative bodies. The boundaries of this area need not be coincident with the boundaries of any single governmental subdivision or group of subdivisions which are to be included in the area, but may include all or such portions of any governmental subdivision.

History: 1945, Act 281, Eff. Sept. 6, 1945; CL 1948, 125.13; Am. 1952, Act 194, Eff. Sept. 18, 1952
Mich. Comp. Laws § 208.1400 — MI Code / Chapter 208 / Act Act-36-of-2007 / Section 208.1400
Taxpayer; scope.
Status: in_force

Sec. 400.

For purposes of this chapter, taxpayer does not include a person subject to the tax imposed under chapter 2A or 2B unless specifically included in the section.

History: 2007, Act 36, Eff. Jan. 1, 2008
Mich. Comp. Laws § 123.1155 — MI Code / Chapter 123 / Act Act-321-of-2000 / Section 123.1155
Refunding outstanding debt obligations.
Status: in_force

Sec. 25.

An authority may borrow money and issue its negotiable bonds and notes for the purpose of refunding outstanding debt obligations of the district by resolution of the board, without submitting the question to the electors of the authority.

Refunding bonds or the refunding part of a bond issue shall be considered to be within the 2-mill limitation of section 21(2).

An authority may borrow money and issue bonds or notes for refunding all or part of existing bonded or note indebtedness only if the net present value of the principal and interest to be paid on the refunding bonds or notes, excluding the cost of issuance, will be less than the net present value of the principal and interest to be paid on the bonds or notes being refunded, as calculated using a method approved by the department of treasury.

History: 2000, Act 321, Eff. Dec. 1, 2000
Mich. Comp. Laws § 447.203 — MI Code / Chapter 447 / Act Act-359-of-1990 / Section 447.203
Michigan farm export loan program; creation; administration; purpose.
Status: in_force

Sec. 3.

The Michigan farm export loan program is created and shall be administered by the department for the purpose of enhancing and promoting the export sale of agricultural commodities and products of the state by making it possible for buyers to purchase on credit terms.

History: 1990, Act 359, Imd. Eff. Dec. 27, 1990
Mich. Comp. Laws § 456.117 — MI Code / Chapter 456 / Act Act-12-of-1869 / Section 456.117
Charter not deemed forfeited; filing articles; affidavit, report.
Status: in_force

Sec. 17.

Notwithstanding the provisions of any other laws, the charter of any corporation organized under this act shall not be deemed to be forfeited and the existence of such corporation shall not be deemed to be terminated because of its failure to file annual reports with any state official and/or to pay annual fees as required by any law of this state, provided that prior to July 1, 1954, such corporation shall file, or cause to be filed, with the corporation and securities commission true copies of its articles of association, any amendments thereto, and the affidavit of its treasurer, as required by section 3 hereof, duly authenticated by the clerk of the county in which such instruments were filed, and shall file therewith an affidavit of 1 of its officers setting forth that it has continued to exist and function as a corporation since its organization under the provisions of this act, and shall also file therewith the current annual report and pay such fee as is required by law, and thereafter such corporation shall file all annual reports and pay such fees as shall be required by any applicable law.

History: Add. 1953, Act 167, Eff. Oct. 2, 1953
Mich. Comp. Laws § 32.1134c — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1134c
Furnishing alcoholic liquor to minor; punishment; "alcoholic liquor" and "minor" defined.
Status: in_force

Sec. 134c.

(1) An individual subject to this code who sells or furnishes alcoholic liquor to a minor must be punished as a court-martial directs.

(2) As used in this section:

(a) "Alcoholic liquor" means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105.

(b) "Minor" means an individual less than 21 years of age.

History: Add. 2024, Act 77, Imd. Eff. July 8, 2024
Mich. Comp. Laws § 168.10 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.10
"Qualified elector" defined.
Status: in_force

Sec. 10.

(1) Except as provided in subsection (2), the term "qualified elector", as used in this act, means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days.

(2) For purposes of an election for the office of judge of a municipal court that exercises jurisdiction over another city pursuant to section 9928(3) of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928, qualified elector includes a person who meets the constitutional qualifications described in subsection (1) and has resided for 30 days in the other city over which municipal court jurisdiction is exercised. This subsection does not entitle a person to vote on any ballot question except the office of municipal judge under the circumstances prescribed in this subsection.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 3, Imd. Eff. Dec. 27, 1963; Am. 2010, Act 253, Imd. Eff. Dec. 14, 2010
Mich. Comp. Laws § 450.1931 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1931
Wilful false statement in report; penalty.
Status: in_force

Sec. 931.

If a domestic or foreign corporation which is required to file a report as provided in section 911 wilfully makes a false statement in the report, it is subject to an additional penalty of $1,000.00.

History: 1972, Act 284, Eff. Jan. 1, 1973; Am. 1978, Act 32, Imd. Eff. Feb. 24, 1978
Mich. Comp. Laws § 289.3131 — MI Code / Chapter 289 / Act Act-92-of-2000 / Section 289.3131
Communications system; development; implementation; provisions; availability of information.
Status: in_force

Sec. 3131.

A local health department shall develop and implement a communications system with other applicable governmental agencies, individuals, and organizations including, but not limited to, hospital emergency rooms and state and local police. The communications system shall provide the means to contact specific local health department employees and basic information necessary to initiate a foodborne illness outbreak investigation. The information provided in the communications system shall be updated annually.

Procedures for investigating suspected foodborne illness outbreaks shall be implemented consistent with procedures contained in the publication entitled "Procedures to Investigate Foodborne Illness, 5th Ed.," prepared and published by the international association of food protection and incorporated by reference or an equivalent plan submitted to and approved by the department.

All information gathered during the investigation which is not exempted from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, and shall be made available to the owner, operator, or his or her employees to minimize the possibility of reoccurrence of the foodborne illness and to assure compliance with the code and this act.

History: 2000, Act 92, Eff. Nov. 8, 2000