FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 38.1009 — MI Code / Chapter 38 / Act Act-261-of-1957 / Section 38.1009
“Salary” defined.
Status: in_force

Sec. 9.

"Salary" means the compensation, common to all legislators, exclusive of travel allowance, paid by the state for 1 year of service as a legislator. A member shall contribute to the retirement system based on the percentage applied to that salary.

For purposes of section 23, salary also includes an additional 2% through December 30, 1986, and 4% beginning December 31, 1986, compounded annually and added for each year or portion of a year that expires after the member terminates service and before the member retires, of the member's greatest salary determined pursuant to subsection (1) received in 1 calendar year. This subsection only applies to a member who first becomes a member on or before January 1, 1995, and whose service terminates on or after December 1, 1978.

For purposes of section 23, for a member who left service before December 1, 1978, salary also includes an additional 2% for each year beginning January 1, 1979 through December 30, 1986 and 4% beginning December 31, 1986, compounded annually and added for each year or portion of a year that expires after the member terminates service and before the member retires, of the member's greatest salary determined pursuant to subsection (1) received in 1 calendar year.

For purposes of section 23, salary also includes an amount equal to the greatest amount of additional compensation received in 1 calendar year as a result of being in a leadership position, divided by 5, and then multiplied by the number of years or portion of a year, not to exceed 8, in which the member was in a leadership position and received additional compensation. Before a member who first becomes a member on or before January 1, 1995, may have the additional compensation included in salary under this subsection, the member shall pay to the retirement system a sum equal to 9% of the total additional compensation received. Before a member who first becomes a member after January 1, 1995, may have the additional compensation included in salary under this subsection, the member shall pay to the retirement system a sum equal to 7% of the total additional compensation received.

History: 1957, Act 261, Eff. Sept. 27, 1957; Am. 1968, Act 229, Eff. July 1, 1968; Am. 1970, Act 237, Eff. Jan. 1, 1971; Am. 1974, Act 215, Eff. Dec. 31, 1974; Am. 1978, Act 560, Imd. Eff. Dec. 27, 1978; Am. 1981, Act 123, Imd. Eff. July 23, 1981; Am. 1987, Act 58, Imd. Eff. June 23, 1987; Am. 1988, Act 512, Imd. Eff. Dec. 29, 1988; Am. 1994, Act 359, Eff. Dec. 31, 1994; Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999; Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
Mich. Comp. Laws § 440.1204 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.1204
Value for rights.
Status: in_force

Sec. 1204.

Except as otherwise provided in articles 3, 4, and 5, a person gives value for rights if the person acquires them for any of the following:

(a) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection.

(b) As security for, or in total or partial satisfaction of, a preexisting claim.

(c) By accepting delivery under a preexisting contract for purchase.

(d) In return for any consideration sufficient to support a simple contract.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 2012, Act 86, Eff. July 1, 2013
Mich. Comp. Laws § 487.12404 — MI Code / Chapter 487 / Act Act-276-of-1999 / Section 487.12404
Lien on property or assets; voidable transfer.
Status: in_force

Sec. 2404.

A transfer of or lien on the property or assets of the bank is voidable by the receiver if the transfer or lien was 1 or more of the following:

Made or created within 1 year before the date the bank is ordered in receivership if the receiving transferee or lien holder was at the time an affiliate, officer, director, employee, or principal shareholder of the bank or an affiliate of the bank.

Made or created on or within 90 days before the date the bank is ordered in receivership with the intent of giving to a creditor or depositor, or enabling a creditor or depositor to obtain, a greater percentage of the claimant's debt than is given or obtained by another claimant of the same class.

Accepted after the bank is ordered in receivership by a creditor or depositor having reasonable cause to believe that a preference will occur.

Voidable by the bank and the bank may recover the property transferred or its value from the person to whom it was transferred or from a person who has received it, unless the transferee or recipient was a bona fide holder for value before the date the bank was ordered in receivership.

For purposes of this section, "preference" means a transfer or grant of an interest in the property or assets of the bank that is either of the following:

Made or incurred with the intent to hinder, delay, or defraud an entity to which, on or after the date that the transfer or grant of interest was made, the bank was or became indebted.

Made or incurred for less than a reasonably equivalent value in exchange for the transfer or grant of interest if the bank was insolvent on the date that the transfer or grant of interest was made or became insolvent as a result of the transfer or grant of interest.

A person acting on behalf of the bank, who knowingly has participated in implementing a voidable transfer or lien, and each person receiving property or the benefit of property of the bank as a result of the voidable transfer or lien, is personally liable for the property or benefit received and shall account to the receiver for the benefit of the bank.

Notwithstanding any other provisions of this act, an otherwise voidable transfer under this section will not be voided by the receiver, if any of the following apply:

The transfer or lien does not exceed the value of $1,000.00.

The transfer or lien was received in good faith by a person, who is not a person described in subsection (1)(a), who gave value.

The transfer of lien was intended by the bank and the transferee or lien holder to be, and in fact substantially was, a contemporaneous exchange for new value given to the bank.

History: 1999, Act 276, Eff. Mar. 1, 2000
Mich. Comp. Laws § 290.723 — MI Code / Chapter 290 / Act Act-344-of-1972 / Section 290.723
Judicial review of committee awards.
Status: in_force

Sec. 23.

(1) Awards of the joint settlement committee shall be reviewable by the court of appeals but only for the following reasons:

(a) The joint settlement committee was without or exceeded its jurisdiction.

(b) The award is unsupported by competent, material, and substantial evidence on the whole record.

(c) The award was procured by fraud, collusion, or other similar and unlawful means.

(2) The pendency of a proceeding for review shall not automatically stay the order of the joint settlement committee.

History: 1972, Act 344, Eff. Mar. 30, 1973; Am. 2012, Act 119, Imd. Eff. May 2, 2012
Mich. Comp. Laws § 408.660 — MI Code / Chapter 408 / Act Act-225-of-1966 / Section 408.660
Carnival-amusement ride; operation; permit required; application; inspection; minimum age to operate; training requirements.
Status: in_force

Sec. 10.

(1) An owner shall not operate a carnival-amusement ride without a permit issued by the director. On or before March 1 of each year, an owner shall apply for a permit to the director on a form furnished by the director and containing the information required by the department. The department shall inspect a carnival or amusement ride before it is initially put into operation for the public's use and at least once every year while in operation, unless operation of the carnival or amusement ride is authorized on a temporary permit. The department may also inspect a carnival or amusement ride each time it is disassembled and reassembled. The department shall not issue a permit to an owner unless the owner satisfies the requirements described in section 19a.

(2) An individual may operate a carnival or amusement ride if the individual is at least 16 years of age. The department shall not promulgate a rule that requires an individual to be more than 16 years of age to operate a carnival or amusement ride.

(3) An individual shall not operate a carnival or amusement ride unless that individual has been trained in all of the following:

(a) The operating procedures specific to the carnival or amusement ride.

(b) The specific duties applicable to each of the carnival or amusement ride's assigned positions.

(c) The general procedures of the carnival or amusement park.

(d) The general and ride-specific safety procedures, including those laid out in the owner's emergency response plan required under section 19a, that the individual must follow in the event of an unusual condition, interruption in operation, injury, emergency, or evacuation.

History: 1966, Act 225, Imd. Eff. July 11, 1966; Am. 2014, Act 163, Imd. Eff. June 11, 2014; Am. 2020, Act 163, Imd. Eff. Sept. 17, 2020; Am. 2022, Act 97, Eff. Sept. 30, 2022
Mich. Comp. Laws § 388.1699mm — MI Code / Chapter 388 / Act Act-94-of-1979 / Section 388.1699mm
Emergency water and asbestos event; Menominee Area Public Schools.
Status: in_force

Sec. 99mm.

(1) From the state school aid fund money appropriated in section 11, there is allocated $4,500,000.00 for 2024-2025 only to Menominee Area Public Schools to cover the cost of an emergency water and asbestos event, cost inflation for unfinished bond work delayed due to asbestos cleanup, and costs related to consolidation activities.

(2) If, by June 20, 2035, Menominee Area Public Schools receives reimbursement from the settlement of a court case addressing the nonfulfillment of contracted duties regarding an emergency water and asbestos event, Menominee Area Public Schools, not later than 90 days following the receipt of that court settlement amount, must reimburse the department in the amount it received from that settlement, or the full amount received under this section, whichever is less. The department shall determine the mode of payment for the reimbursement.

(3) The funds allocated under this section for 2024-2025 are a work project appropriation, and any unexpended funds for 2024-2025 are carried forward into 2025-2026. The purpose of the work project is to continue to cover the cost of an emergency water and asbestos event, cost inflation for unfinished bond work delayed due to asbestos cleanup, and costs related to consolidation activities. The estimated completion date of the work project is September 30, 2026.

(4) Notwithstanding section 18a, funds allocated under subsection (1) may be available for expenditure until September 30, 2027. The recipient of funding under subsection (1) must return any unexpended funds to the department in the manner prescribed by the department not later than October 30, 2027.

(5) Notwithstanding section 17b, the department shall make payments under this section on a schedule determined by the department.

History: Add. 2025, Act 15, Imd. Eff. Oct. 7, 2025
Mich. Comp. Laws § 338.3633b — MI Code / Chapter 338 / Act Act-403-of-2004 / Section 338.3633b
Participant license.
Status: in_force

Sec. 33b.

(1) An individual shall not participate in a contest or event as a referee, judge, matchmaker, or timekeeper without a participant license from the department under this section. To obtain a participant license, an applicant must submit all of the following to the department:

(a) An application. The department may prescribe the form and the contents of the application form.

(b) With the application described in subdivision (a), a nonrefundable application processing fee in the amount of $30.00 and 1 of the following annual license fees, as applicable:

( i ) Referee license, $150.00.

( ii ) Judge license, $70.00.

( iii ) Matchmaker license, $150.00.

( iv ) Timekeeper license, $70.00.

(2) An applicant for a referee, judge, matchmaker, or timekeeper participant license must demonstrate to the satisfaction of the department that he or she meets all of the following to receive a license under this section:

(a) Has good moral character.

(b) Is at least 18 years of age.

(c) Any other requirement established by rule.

History: Add. 2015, Act 183, Eff. Feb. 10, 2016
Mich. Comp. Laws § 556.111 — MI Code / Chapter 556 / Act Act-224-of-1967 / Section 556.111
Powers of appointment act; short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "powers of appointment act of 1967".

History: 1967, Act 224, Eff. Nov. 2, 1967
Mich. Comp. Laws § 107.10 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 107.10
Repairs, alterations, and extensions; title retention contract providing for payment from available net revenues; construction.
Status: in_force

Sec. 10.

Repairs, alterations, and extensions may also be provided by the city council by contract for the making and installation of repairs, alterations, and extensions, which contract shall not impose a general obligation on the city, but which may provide for payment out of the net revenues, after payment of obligations due, provision for payment of obligations to become due, and payment of legitimate and necessary operating and other expenses, as shall become available from the operation of the works after completion of the repairs, alterations, or extensions and for retention of title to materials furnished in the seller until paid for in full. However, a contract made pursuant to this section shall not be construed to deprive the people of the city of any right vested in them by the constitution or the laws of this state, to constitute the granting of any franchise or its operating equivalent, or to convey title to property to any person not possessed of the title prior to the execution of the title retaining contract.

History: Add. 1954, Act 110, Eff. Aug. 13, 1954; Am. 1983, Act 45, Imd. Eff. May 12, 1983; Am. 2002, Act 231, Imd. Eff. Apr. 29, 2002
Mich. Comp. Laws § 168.349 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.349
Candidate for township office; nominating petitions; signatures; form; nonrefundable filing fee in lieu of nominating petitions; list of candidates.
Status: in_force

Sec. 349.

(1) To obtain the printing of the name of an individual as a candidate for nomination by a political party for a township office under the particular party heading upon the official primary ballots, there must be filed with the township clerk nominating petitions signed by a number of qualified and registered electors residing within the township as determined under section 544f. Nominating petitions must be in the form prescribed in section 544c. The township clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.

(2) To obtain the printing of the name of a candidate of a political party under the particular party's heading upon the primary election ballots in the various voting precincts of the township, there may be filed by the candidate, in lieu of filing nominating petitions, a nonrefundable filing fee of $100.00 to be paid to the township clerk. Payment of the fee and certification of the candidate's name paying the fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the township and must be used only for the purchase and maintenance of voting equipment.

(3) Within 4 days after the last day for filing nominating petitions or a filing fee, the township clerk shall deliver to the county clerk a list setting forth the name, address, and political affiliation and office sought of each candidate who has qualified for a position on the primary ballot.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1965, Act 212, Eff. Mar. 31, 1966; Am. 1966, Act 58, Imd. Eff. June 7, 1966; Am. 1976, Act 3, Imd. Eff. Feb. 3, 1976; Am. 1990, Act 7, Imd. Eff. Feb. 12, 1990; Am. 1996, Act 583, Eff. Mar. 31, 1997; Am. 1999, Act 218, Eff. Mar. 10, 2000; Am. 2012, Act 276, Eff. Aug. 16, 2012; Am. 2018, Act 654, Eff. Mar. 28, 2019; Am. 2021, Act 147, Imd. Eff. Dec. 27, 2021
Mich. Comp. Laws § 570.403 — MI Code / Chapter 570 / Act Act-59-of-1864-Ex-Sess- / Section 570.403
Complaint; filing, jurisdiction of courts in certain counties.
Status: in_force

Sec. 3.

Any person claiming to have any such lien as is specified in the preceding sections may file a complaint, giving security for costs as hereinafter provided with the clerk of the circuit court of any county, setting forth, in separately numbered articles, the facts upon which such claim is based, and the amount due over and above all payments and discounts, as near as may be, which shall be verified by affidavit, in the same manner as bills in chancery: Provided, That in Wayne county such complaint shall be filed with the clerk of the recorder's court of Detroit, or the clerk of the circuit court of said Wayne county, and that said courts, and the circuit courts of the counties of Macomb, St. Clair, Monroe, Sanilac and Huron, shall exercise concurrent jurisdiction over all water-craft within the limits of either of said counties, and that process issued, as provided in the next section, from the courts of either of said counties, may be served in the waters of either of said counties by the sheriff of either; and that the circuit courts of the counties of Saginaw and Bay shall exercise concurrent jurisdiction over all water-craft within the limits of either county, and that process issued from either of said last named courts may be served in the waters of either county, by the sheriff of either. The circuit court of the counties of Kent and Ottawa shall in like manner exercise concurrent jurisdiction over all water-craft within the limits of either county, and the circuit courts of the counties of Muskegon and Newaygo shall exercise concurrent jurisdiction over all water-craft within the limits of either county, and process issued from either of said courts exercising such concurrent jurisdiction may be served in the waters of either county by the sheriff of either.

History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864; CL 1871, 6649; How. 8237; CL 1897, 10790; CL 1915, 14893; CL 1929, 13139; CL 1948, 570.403
Mich. Comp. Laws § 324.11721 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11721
Farm operation exemption; requirements.
Status: in_force

Sec. 11721.

(1) A farm operation is exempt from this part as it applies to servicing portable toilets, to associated domestic septage management equipment such as trailers, pumps, and septage waste vehicles, and to associated storage facilities, if all of the following requirements are met:

(a) The portable toilets are used to comply with requirements listed in the publication under subsection (2).

(b) The management, pumping, and temporary storage of the domestic septage from the portable toilets by the farm operation does not result in a release of domestic septage into the environment.

(c) The portable toilets and associated septage management equipment are securely fastened to a vehicle or trailer in a manner that prevents a release while being moved by the farm operation on or across a public street, road, or highway.

(d) The farm operation does not move portable toilets that contain domestic septage on or across a limited access highway as defined in section 26 of the Michigan vehicle code, 1949 PA 300, MCL 257.26.

(e) The farm operation does not store domestic septage for more than 60 days or in a tank larger than 3,000 gallons.

(f) The farm operation utilizes the services of a person with a septage waste servicing license and septage waste vehicle license to dispose of the domestic septage from the portable toilets in a receiving facility.

(g) The farm operation does not move domestic septage on or across a public street, road, or highway in a tank larger than 450 gallons.

(2) The department of agriculture and rural development shall publish both of the following:

(a) A list of field sanitation, worker protection, and food safety requirements applicable to the exemption provided for in this section.

(b) A guide to recommend spill preparedness, spill mitigation, and spill response programs applicable to the exemption provided for in this section.

History: Add. 2018, Act 271, Eff. Sept. 27, 2018
Mich. Comp. Laws § 125.12 — MI Code / Chapter 125 / Act Act-281-of-1945 / Section 125.12
Regional planning commission; creation; service by members of county board of commissioners.
Status: in_force

Sec. 2.

Regional planning commissions may be created by resolution by 2 or more legislative bodies of any local governmental units desiring to create a regional planning commission. Members of county boards of commissioners shall not be prohibited from serving on a commission created hereby.

History: 1945, Act 281, Eff. Sept. 6, 1945; CL 1948, 125.12; Am. 1952, Act 194, Eff. Sept. 18, 1952; Am. 1976, Act 427, Imd. Eff. Jan. 11, 1977
Mich. Comp. Laws § 320.2033 — MI Code / Chapter 320 / Act Act-676-of-2002 / Section 320.2033
Definitions.
Status: in_force

Sec. 3.

As used in this act:

“Commission” means the commission of natural resources.

“Department” means the department of natural resources.

“Forest” means a tract of land that is at least 10% stocked by trees of any size, whether of commercial or noncommercial species, or formerly having tree cover and not currently developed for nonforest use, including woodlands, woodlots, windbreaks, and shelter belts.

“Forestry operations” means activities related to the harvesting, reforestation, and other management activities, including, but not limited to, thinning, pest control, fertilization, and wildlife management, that are consistent with principles of sustainable forestry.

“Generally accepted forestry management practices” means those forest management practices as prescribed by the commission. In prescribing generally accepted forestry management practices, the commission shall give due consideration to available department information, written recommendations, and comments from the department and other interested persons that may include, but are not limited to, all of the following:

The department of agriculture.

The Michigan state university extension.

The United States department of agriculture agencies, services, and programs.

College and university forestry programs.

Professional, industry, and conservation organizations.

“Landowner” means the possessor of a fee interest in land or a tenant, lessee, occupant, or other person in lawful control of land.

“Sustainable forestry” means forestry practices that are designed to meet present and future wood product needs by employing a land stewardship ethic that integrates the reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the conservation of soil, air and water quality, wildlife and fish habitat, and visual changes.

“Timber” means live or dead trees, including, but not limited to, bark, foliage, wood, and firewood.

History: 2002, Act 676, Eff. Mar. 31, 2003
Mich. Comp. Laws § 397.289 — MI Code / Chapter 397 / Act Act-265-of-1988 / Section 397.289
Bonds subject to revised municipal finance act.
Status: in_force

Sec. 9.

Bonds issued pursuant to this act are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.

History: 1988, Act 265, Imd. Eff. July 15, 1988; Am. 2002, Act 345, Imd. Eff. May 23, 2002
Mich. Comp. Laws § 324.61715 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.61715
Unit; legal powers; operator of unit; powers.
Status: in_force

Sec. 61715.

Each unit created under this part, if the plan provides, shall, through its operator, be capable of suing, being sued, and contracting as such in its own right. The operator of the unit, on behalf and for the account of all owners of interest within the unit area, without profit to the unit, may supervise, manage, and conduct further development and operations for the production of oil and gas from the unit area under the authority and limitations of the order creating it.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995