FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 286.907 — MI Code / Chapter 286 / Act Act-316-of-2000 / Section 286.907
Definitions; M to P.
Status: in_force

Sec. 7.

As used in this act:

"Michigan organic standards" means those organic production and handling standards defined by this act, rules adopted under this act, or both, that are designed to combine organic production or handling practices and an audit trail that will ensure the integrity of organic products from the producer to the consumer.

"Organic" means a labeling term referring to an agricultural product produced in accordance with the standards described in this act, rules adopted under this act, or both.

"Organic advisory committee" means the committee created under section 25.

"Organic agriculture" means an agricultural management system that enhances biodiversity, biological cycles, and soil biological activity to produce healthy plants and animals and fosters human and environmental health. Organic agriculture does not include the use of synthetic chemicals, genetically modified organisms, sewage sludge, and ionizing radiation, or any combination of those substances.

"Organic plan" means a plan of management of an organic production or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production and handling as described in this act, rules adopted under this act, or both.

"Organic product" means agricultural products including, but not limited to, crops, livestock, livestock products, or other agricultural products that are produced organically for human or livestock use or consumption. Organic products does not include personal care products.

"Person" means an individual, group of individuals, contractor, corporation, limited liability company, partnership, joint venture, cooperative, community supported agricultural entity, or any other legal entity.

"Processing" means processes that include, but are not limited to, cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or other manufacturing process and includes the packaging, canning, jarring, or otherwise enclosing of food in a container.

"Producer" means a person who engages in the business of growing or producing agricultural products.

"Prohibited substance" means a substance whose use in any aspect of organic production or handling is prohibited or not provided for under this act, rules adopted under this act, or both.

History: 2000, Act 316, Eff. Oct. 1, 2001
Mich. Comp. Laws § 168.613a — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.613a
Statewide presidential primary election; time; limitation on participation; conduct.
Status: in_force

Sec. 613a.

(1) A statewide presidential primary election must be conducted under this act on February 27, 2024, and on the fourth Tuesday in February in each presidential election year after 2024.

(2) A political party that received 5% or less of the total vote cast nationwide for the office of President of the United States in the last presidential election shall not participate in the presidential primary election.

(3) Except as otherwise provided in sections 614a to 616a, 624g, 759a, 759c, and 879a, the statewide presidential primary election must be conducted under the provisions of this act that govern the conduct of general primary elections.

History: Add. 1988, Act 275, Eff. Sept. 1, 1988; Am. 1995, Act 87, Imd. Eff. June 20, 1995; Am. 1999, Act 71, Imd. Eff. June 28, 1999; Am. 1999, Act 72, Imd. Eff. June 28, 1999; Am. 2003, Act 13, Imd. Eff. May 29, 2003; Am. 2011, Act 163, Imd. Eff. Oct. 4, 2011; Am. 2015, Act 1, Eff. May 21, 2015; Am. 2023, Act 2, Eff. Feb. 13, 2024
Mich. Comp. Laws § 426.151 — MI Code / Chapter 426 / Act Act-238-of-1879 / Section 426.151
Logs; unlawful moving.
Status: in_force

Sec. 1.

That it shall be unlawful for any person other than the owner thereof, or some person by him employed, whether such owner be known or unknown, to take possession of, drive or run, or in any manner dispose of any log, spar, boomstick, spile, shinglebolt, timber, railroad tie, fence-post or lumber floating upon, lying or being in any river, stream, lake, pond, bay inlet or bayou or any waters in this state or in any boom therein, or on or near the shores or banks thereof.

History: 1879, Act 238, Eff. Aug. 30, 1879; How. 2049; CL 1897, 5089; CL 1915, 6664; CL 1929, 8758; CL 1948, 426.151
Mich. Comp. Laws § 480.18 — MI Code / Chapter 480 / Act Act-181-of-1963 / Section 480.18
Venue.
Status: in_force

Sec. 8.

When this act or a rule promulgated under this act has been violated, the offense may be prosecuted in any county, city, or jurisdiction in or through which the motor vehicle, driver, or operator implicated was situated or passed when the offense was committed.

History: 1963, Act 181, Eff. Sept. 6, 1963; Am. 1984, Act 23, Imd. Eff. Mar. 8, 1984
Mich. Comp. Laws § 41.350k — MI Code / Chapter 41 / Act Act-107-of-1941 / Section 41.350k
Annual determination of amount to be assessed; levy; additional hearings.
Status: in_force

Sec. 20k.

After the creation of a special assessment district authorized by section 20b and while bonds are still outstanding, the township board may annually determine the amount to be assessed in the district and then levy that amount of annual assessments as special assessments against the benefited properties within the district. Further hearings shall not be held unless a change in the amount of annual assessment against an individual property is contemplated or attempted.

History: Add. 1989, Act 83, Imd. Eff. June 20, 1989
Mich. Comp. Laws § 554.963 — MI Code / Chapter 554 / Act Act-448-of-2014 / Section 554.963
Investigations.
Status: in_force

Sec. 63.

(1) The department may conduct investigations within or outside this state to determine if any of the following apply:

(a) An offering of a continuing care agreement under this act poses or may pose an unreasonable risk as described in subsection (3).

(b) A person has violated or is about to violate this act or a rule promulgated or order issued under this act.

(2) The department may require or permit a person to file a written statement under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated under subsection (1). If the person fails to reply with all required information to a written request from the department within 15 days after receipt of the letter, the department may issue a cease and desist order.

(3) The department may determine that an offering creates an unreasonable risk to members under this act if any of the following apply:

(a) Monthly service fees or assessments are not used for the purpose designated.

(b) With respect to an offering by a continuing care community seeking registration or exemption, the offering fails to provide for adequate reserves or other adequate revenue sources for operations, repairs, and renovations. The department may utilize an industry representative or accounting representative to determine the adequacy of revenue sources.

(c) With respect to a continuing care community making an offering, the continuing care community has been in operation less than 1 year or is in the development stage at the time of registration and has failed to achieve reservations for 75% of the living units at the date of first occupancy, unless the department finds that the financial condition of the continuing care community or the escrow arrangements established in connection with the offering are such as to outweigh any special risk.

(4) For the purpose of an investigation or proceeding under this act, the department may administer oaths and affirmations and receive evidence. To subpoena witnesses or require the production of books, papers, or other documents or records, the department must obtain an order of the circuit court by a showing that there is good cause to believe that a violation has taken place or is about to take place. However, in a contested case, the department itself may issue subpoenas and is subject to section 73 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.273.

History: 2014, Act 448, Eff. Apr. 2, 2015
Mich. Comp. Laws § 566.132 — MI Code / Chapter 566 / Act R-S-of-1846 / Section 566.132
Agreements, contracts, or promises required to be in writing and signed; enforcement; "financial institution" defined.
Status: in_force

Sec. 2.

(1) In the following cases an agreement, contract, or promise is void unless that agreement, contract, or promise, or a note or memorandum of the agreement, contract, or promise, is in writing and signed with an authorized signature by the party to be charged with the agreement, contract, or promise:

(a) An agreement that, by its terms, is not to be performed within 1 year from the making of the agreement.

(b) A special promise to answer for the debt, default, or misdoings of another person.

(c) An agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry.

(d) A special promise made by a personal representative to answer damages out of his or her own estate.

(e) An agreement, promise, or contract to pay a commission for or upon the sale of an interest in real estate.

(f) An assignment of things in action, whether intended as a transfer for sale, for security, or otherwise.

(g) An agreement, promise, contract, or warranty of cure relating to medical care or treatment. This subdivision does not affect the right to sue for malpractice or negligence.

(2) A person shall not bring an action against a financial institution to enforce any of the following promises or commitments of the financial institution unless the promise or commitment is in writing and signed with an authorized signature by the financial institution:

(a) A promise or commitment to lend money, grant or extend credit, or make any other financial accommodation.

(b) A promise or commitment to renew, extend, modify, or permit a delay in repayment or performance of a loan, extension of credit, or other financial accommodation.

(c) A promise or commitment to waive a provision of a loan, extension of credit, or other financial accommodation.

(3) A person shall not bring an action to enforce an agreement, promise, or contract to pay a commission for or upon the sale of an interest in real estate against the owner or purchaser of the real estate unless the agreement, promise, or contract is in writing signed by the party to be charged.

(4) As used in this section, "financial institution" means a state or national chartered bank, a state or federal chartered savings bank or savings and loan association, a state or federal chartered credit union, a person licensed or registered under the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684, or the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81, or an affiliate or subsidiary thereof.

History: R.S. 1846, Ch. 81; CL 1857, 3183; CL 1871, 4698; How. 6185; CL 1897, 9515; Am. 1913, Act 238, Eff. Aug. 14, 1913; CL 1915, 11981; CL 1929, 13417; Am. 1945, Act 261, Eff. Sept. 6, 1945; CL 1948, 566.132; Am. 1974, Act 343, Imd. Eff. Dec. 21, 1974; Am. 1992, Act 245, Eff. Jan. 1, 1993; Am. 2020, Act 63, Imd. Eff. Mar. 17, 2020
Mich. Comp. Laws § 500.1917 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.1917
Liability if risk assumed and premium received by licensee.
Status: in_force

Sec. 1917.

If an unauthorized insurer has assumed a risk and if the premium for that risk has been received by the licensee who placed the insurance, then as between the insurer and the insured, the insurer shall be considered to have received the premium due to it for the coverage, and shall be liable to the insured for any loss covered by the insurance and for the unearned premium, upon cancellation of the insurance, regardless of whether the licensee is indebted to the insurer.

History: Add. 1980, Act 341, Eff. June 23, 1981
Mich. Comp. Laws § 141.897 — MI Code / Chapter 141 / Act Act-244-of-1989 / Section 141.897
Disposition of assessment revenues; financial statements; certified report; copies.
Status: in_force

Sec. 7.

The assessment revenues collected under this act are not state funds. The regional marketing organization shall deposit assessment revenues collected under this act in a bank or other depository in this state in the name of the regional marketing organization. The assessment revenues shall be disbursed only for the expenses properly incurred by the regional marketing organization with respect to the tourism marketing program developed by the regional marketing organization under this act.

The financial statements of the regional marketing organization shall be audited at least annually by an independent certified public accountant. The regional marketing organization shall mail a copy of the audited financial statements to each owner 150 days or less after the close of the regional marketing organization's fiscal year. The financial statements shall include a statement of all assessment revenues received by the regional marketing organization during the fiscal year and shall be accompanied by a detailed report, certified as correct by the chief operating officer of the regional marketing organization, describing the tourism marketing programs implemented or, to the extent then known, to be implemented by the regional marketing organization.

On the same day copies of the audited financial statements and certified report are mailed under subsection (2), the regional marketing organization shall file a copy of the audited financial statements and certified report with the director.

History: 1989, Act 244, Imd. Eff. Dec. 21, 1989
Mich. Comp. Laws § 691.1703 — MI Code / Chapter 691 / Act Act-371-of-2012 / Section 691.1703
Vacating award.
Status: in_force

Sec. 23.

(1) On motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if any of the following apply:

(a) The award was procured by corruption, fraud, or other undue means.

(b) There was any of the following:

( i ) Evident partiality by an arbitrator appointed as a neutral arbitrator.

( ii ) Corruption by an arbitrator.

( iii ) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding.

(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 15, so as to prejudice substantially the rights of a party to the arbitration proceeding.

(d) An arbitrator exceeded the arbitrator's powers.

(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 15(3) not later than the beginning of the arbitration hearing.

(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 9 so as to prejudice substantially the rights of a party to the arbitration proceeding.

(2) A motion under this section must be filed within 90 days after the moving party receives notice of the award under section 19 or within 90 days after the moving party receives notice of a modified or corrected award under section 20, unless the moving party alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the moving party.

(3) If the court vacates an award on a ground other than that set forth in subsection (1)(e), it may order a rehearing. If the award is vacated on a ground stated in subsection (1)(a) or (b), the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d), or (f), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator shall render the decision in the rehearing within the same time as that provided in section 19(2) for an award.

(4) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.

History: 2012, Act 371, Eff. July 1, 2013
Mich. Comp. Laws § 388.1889 — MI Code / Chapter 388 / Act Act-94-of-1979 / Section 388.1889
Auditor general audit; duties; report.
Status: in_force

Sec. 289.

(1) In accordance with section 299(4) of the management and budget act, 1984 PA 431, MCL 18.1299, at least once every 4 years, the auditor general shall audit higher education institutional data inventory (HEIDI) data submitted by all public universities under section 241 and may perform audits of selected public universities if determined necessary. The audits shall be based upon the definitions, requirements, and uniform reporting categories established by the state budget director in consultation with the HEIDI advisory committee. The auditor general shall submit a report of findings to the house and senate appropriations committees and the state budget director no later than July 1 of each year an audit takes place.

(2) Student credit hours reports shall not include the following:

(a) Student credit hours generated through instructional activity by faculty or staff in classrooms located outside Michigan, with the exception of instructional activity related to study-abroad programs or field programs.

(b) Student credit hours generated through credit by examination.

(c) Student credit hours generated in new degree programs created on or after January 1, 1975 and before January 1, 2013, that were not specifically authorized for funding by the legislature, except spin-off programs converted from existing core programs, and student credit hours generated in any new degree programs created after January 1, 2013, that are specifically excluded from reporting by the legislature under this section.

History: Add. 2011, Act 62, Eff. Oct. 1, 2011; Am. 2012, Act 201, Eff. Oct. 1, 2012; Am. 2013, Act 60, Eff. Oct. 1, 2013; Am. 2018, Act 265, Eff. Oct. 1, 2018; Am. 2019, Act 62, Eff. Oct. 1, 2019; Am. 2020, Act 165, Eff. Oct. 1, 2020
Mich. Comp. Laws § 556.206 — MI Code / Chapter 556 / Act Act-187-of-2023 / Section 556.206
Validity of power of attorney.
Status: in_force

Sec. 106.

(1) A power of attorney executed in this state is valid in this state if, when the power was executed, the execution complied with the requirements for the execution of a power of attorney under the law of this state as it existed at that time.

(2) A power of attorney that is not executed in this state is valid in this state if, when the power was executed, the execution complied with either of the following:

(a) The requirements for the execution of a power of attorney under the law of the jurisdiction that determines the meaning and effect of the power under section 107 or under the law of the jurisdiction in which the principal was domiciled at the time of execution.

(b) The requirements for a military power of attorney under 10 USC 1044b.

(3) Except as otherwise provided in the power of attorney or by statute other than this act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

History: 2023, Act 187, Eff. July 1, 2024
Mich. Comp. Laws § 92.6 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 92.6
Police force; suspension, removal.
Status: in_force

Sec. 6.

The mayor may suspend any policeman or nightwatchman on the complaint in writing and under oath of any citizen or on his own motion for a period of not longer than 30 days for neglect of duty, misconduct, or other sufficient cause. At a public hearing before such mayor, as provided for in section 3 of chapter 7 of this act, if such mayor shall be satisfied of the guilt of such policeman or nightwatchman, then it shall be the duty of such mayor to remove such officer from office. After such removal the mayor shall report such action to the council at its next regular meeting and his reasons therefor.

History: 1895, Act 215, Eff. Aug. 30, 1895; CL 1897, 3121; Am. 1899, Act 136, Imd. Eff. June 21, 1899; Am. 1907, Act 320, Eff. Sept. 28, 1907; CL 1915, 3035; CL 1929, 1959; CL 1948, 92.6
Mich. Comp. Laws § 552.515 — MI Code / Chapter 552 / Act Act-294-of-1982 / Section 552.515
Certain actions by employee providing domestic relations mediation; prohibition.
Status: in_force

Sec. 15.

An employee of the office who provides domestic relations mediation in a friend of the court case involving a particular party shall not perform referee functions, investigation and recommendation functions, or enforcement functions as to any domestic relations matter involving that party.

History: 1982, Act 294, Eff. July 1, 1983; Am. 2002, Act 571, Eff. June 1, 2003; Am. 2009, Act 233, Imd. Eff. Jan. 8, 2010; Am. 2014, Act 382, Eff. Mar. 17, 2015
Mich. Comp. Laws § 125.4229 — MI Code / Chapter 125 / Act Act-57-of-2018 / Section 125.4229
Historic sites.
Status: in_force

Sec. 229.

(1) A public facility, building, or structure that is determined by the municipality to have significant historical interests shall be preserved in a manner as considered necessary by the municipality in accordance with laws relative to the preservation of historical sites. The preservation of facilities, buildings, or structures determined to be historic sites by a municipality shall include, at a minimum, equipping the historic site with a fire alarm system.

(2) An authority shall refer all proposed changes to the exterior of sites listed on the state register of historic sites and the national register of historic places to the applicable historic district commission created under the local historic districts act, 1970 PA 169, MCL 399.201 to 399.215, or the Michigan state housing development authority for review.

History: 2018, Act 57, Eff. Jan. 1, 2019
Mich. Comp. Laws § 801.265 — MI Code / Chapter 801 / Act Act-7-of-1981 / Section 801.265
Violation as felony; penalty; exception.
Status: in_force

Sec. 5.

Except as provided in subsection (2), a person who violates this act is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both.

If a violation of section 3 involving a controlled substance constitutes the delivery, possession with intent to deliver, or possession of or other action involving a controlled substance that is punishable by imprisonment for more than 5 years under part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, the person shall not be prosecuted under this act for that violation.

History: 1981, Act 7, Eff. June 1, 1981; Am. 1999, Act 28, Eff. Aug. 1, 1999
Mich. Comp. Laws § 559.101 — MI Code / Chapter 559 / Act Act-59-of-1978 / Section 559.101
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "condominium act".

History: 1978, Act 59, Eff. July 1, 1978