FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 429.43 — MI Code / Chapter 429 / Act Act-242-of-1969 / Section 429.43
Injunctions; damages; prosecution; exceptions.
Status: in_force

Sec. 13.

Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction of record may grant injunctions to restrain such manufacture, use, display or sale as by the court may be deemed just and reasonable, and may require the defendants to pay to the owner all profits derived from or all damages suffered by reason of such wrongful manufacture, use, display, or sale, or both; and the court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court, or to the complainant, to be destroyed.

The enumeration of any right of remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.

Notwithstanding any other provision of this act, the remedies given to the owner of the right infringed shall be limited as follows: (a) where an infringer is engaged solely in the business of printing the mark for others and establishes that he was an innocent infringer, the owner of the right infringed shall be entitled as against the infringer only to an injunction against future printing; (b) where the infringement complained of is contained in or is part of paid advertising matter in a newspaper, magazine, or other similar periodical the remedies of the owner of the right infringed as against the publisher or distributor of the newspaper, magazine, or other similar periodical shall be confined to an injunction against the presentation of such advertising matter in future issues of the newspapers, magazines, or other similar periodicals. These limitations shall apply only to innocent infringers; (c) injunction relief shall not be available to the owner of the right infringed in respect of an issue of a newspaper, magazine, or other similar periodical containing infringing matter when restraining the dissemination of such infringing matter in any particular issue of such periodical would delay the delivery of the issue after the regular time therefor, and the delay would be due to the method by which publication and distribution of the periodical is customarily conducted in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such infringing matter.

History: 1969, Act 242, Eff. Jan. 1, 1970
Mich. Comp. Laws § 462.133 — MI Code / Chapter 462 / Act Act-354-of-1993 / Section 462.133
Records to be kept by department.
Status: in_force

Sec. 133.

The department shall keep a record of all its findings, decisions, determinations, and investigations under this act.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Mich. Comp. Laws § 38.1040 — MI Code / Chapter 38 / Act Act-261-of-1957 / Section 38.1040
Board of trustees; record of proceedings; individual accounts; actuarial data.
Status: in_force

Sec. 40.

The board shall keep a permanent record of all proceedings of the board, a separate account for each individual member and such additional data as shall be specified by the actuary as being necessary for required calculations and valuations.

History: 1957, Act 261, Eff. Sept. 27, 1957
Mich. Comp. Laws § 333.16291 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.16291
Violation; injunctive relief; criminal proceeding; prosecution.
Status: in_force

Sec. 16291.

Upon a violation of this article or of a rule or order of a board or task force, a disciplinary subcommittee, or the department, the circuit court for the county in which the violation occurs may restrain and enjoin a person from the violation. A board or task force, a disciplinary subcommittee, or the department shall seek injunctive relief through the attorney general or the prosecuting attorney of the county in which the violation occurs. This proceeding may be in addition to and is not in lieu of a criminal prosecution or proceeding as to a license or registration.

The department, a board or task force, or a disciplinary subcommittee, may request the attorney general or prosecuting attorney to prosecute a person violating this article. The attorney general or the prosecuting attorney may prosecute a violation of this article.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1993, Act 79, Eff. Apr. 1, 1994
Mich. Comp. Laws § 10.86 — MI Code / Chapter 10 / Act Act-191-of-1982 / Section 10.86
Violation of act, order, proclamation, or directive as misdemeanor; penalty; separate offense; action by attorney general or prosecuting attorney.
Status: in_force

Sec. 6.

A person who knowingly violates this act or an order, proclamation, or directive issued by the governor under this act, is guilty of a misdemeanor punishable by a fine of not more than $500.00. Each day a violation continues is a separate offense.

The attorney general or a prosecuting attorney of a county may bring an action in a court of competent jurisdiction to prevent a violation of this act or of an executive order, proclamation, or directive issued pursuant to this act, or to compel a person to perform a duty imposed on the person under this act or an executive order, proclamation, or directive issued under this act.

History: 1982, Act 191, Imd. Eff. June 23, 1982
Mich. Comp. Laws § 762.16 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 762.16
Holmes youthful trainee act; short title.
Status: in_force

Sec. 16.

Sections 11 to 15 shall be known as the "Holmes youthful trainee act."

History: Add. 1966, Act 301, Eff. Jan. 1, 1967
Mich. Comp. Laws § 168.544a — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.544a
Nonpartisan nominating petitions; size, form, contents.
Status: in_force

Sec. 544a.

The form, size and contents of all nonpartisan nominating petitions shall be the same as is provided in section 544c for partisan nominating petitions, except that under the heading "nominating petition" shall be printed in 12-point type the word "nonpartisan". The petition shall contain no reference to any political party.

History: Add. 1960, Act 23, Eff. Aug. 17, 1960; Am. 1965, Act 312, Eff. Jan. 1, 1966
Mich. Comp. Laws § 600.5341 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.5341
Garnishment; effect.
Status: in_force

Sec. 5341.

No creditor so named in this proceeding shall have any right to garnishee the petitioner therein, and it shall be the duty of the employer in any case when served with a notice of garnishment against said employee, nevertheless to pay said wages to the clerk of the court aforesaid together with notice that such wages have been garnisheed together with any other pertinent facts pertaining to the case. When and in case any creditor not listed shall garnishee any wages so assigned, he shall have the right to have his cost expended in said garnishment added to the amount due him by proof to the court that said garnishment was instituted in good faith and without knowledge of said assignment proceedings.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 333.2633 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2633
Data concerning medical research projects; liability for furnishing.
Status: in_force

Sec. 2633.

The furnishing of information, records, reports, statements, notes, memoranda, or other data to the department, either voluntarily or as required by this code, or to a person, agency, or organization designated as a medical research project does not subject a physician, hospital, sanatorium, rest home, nursing home, or other person or agency furnishing the information, records, reports, statements, notes, memoranda, or other data to liability in an action for damages or other relief, and is not considered to be the willful betrayal of a professional secret or the violation of a confidential relationship.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1988, Act 122, Eff. Mar. 30, 1989
Mich. Comp. Laws § 333.5703 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5703
Toxicological studies; consent; report; information on physical health.
Status: in_force

Sec. 5703.

The department, in consultation and cooperation with the commission, shall conduct toxicological studies on a selected sample of Vietnam-era veterans to establish their exposure to agent orange or a chemical agent. In conducting the studies, the department shall analyze appropriate specimens for dioxin in combination with a review of Vietnam-era veterans' military service locations. The department shall obtain prior written consent from each Vietnam-era veteran to be studied under this section. The department shall compile and evaluate information obtained from these studies into a report, and shall submit the report to the commission for review and publication.

The department shall gather information on the physical health of study participants and their families to the extent the department considers necessary.

History: Add. 1987, Act 48, Imd. Eff. June 11, 1987
Mich. Comp. Laws § Article IV § 2 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article IV § 2
Senators, number, term.
Status: in_force

Sec. 2.

The senate shall consist of 38 members to be elected from single member districts at the same election as the governor for four-year terms concurrent with the term of office of the governor.

History: Const. 1963, Art. IV, § 2, Eff. Jan. 1, 1964; Am. Initiated Law, approved Nov. 6, 2018, Eff. Dec. 22, 2018
Mich. Comp. Laws § 457.431 — MI Code / Chapter 457 / Act Act-130-of-1879 / Section 457.431
Grand council of Royal Arcanum; incorporation.
Status: in_force

Sec. 1.

That the grand council of the Royal Arcanum of the state of Michigan, may be incorporated in pursuance of the provisions of this act.

History: 1879, Act 130, Imd. Eff. May 31, 1879; How. 4565; CL 1897, 8017; CL 1915, 10489; CL 1929, 10694; CL 1948, 457.431
Mich. Comp. Laws § 287.801 — MI Code / Chapter 287 / Act Act-239-of-1992 / Section 287.801
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "pseudorabies and swine brucellosis control and eradication act".

History: 1992, Act 239, Eff. Mar. 31, 1993
Mich. Comp. Laws § 487.13807 — MI Code / Chapter 487 / Act Act-276-of-1999 / Section 487.13807
Deficiency; steps to make assessment or dissolution; extension.
Status: in_force

Sec. 3807.

If, in the opinion of the commissioner, the capital of a bank has become impaired, the commissioner shall notify the bank of his or her determination and require the directors to meet the deficiency in the capital within a 2-month period. The directors shall meet the deficiency by either making a pro rata assessment upon the stock held by each shareholder, or taking steps to dissolve the bank. The 2-month period may be extended by order of the commissioner, if in his or her discretion an extension is necessary to allow the directors to meet the deficiency.

Before an assessment may be made by the directors, each shareholder, secured party, and pledgee indicated on the books of the bank as holding an interest in the stock shall be provided with written notice in a manner reasonably calculated to give actual notice of the determination made by the commissioner that the capital of the bank is impaired and the amount of the assessment that each shareholder must pay.

If a shareholder refuses or neglects to pay an assessment levied by the directors within 30 days from the date notice was provided, the directors shall sell all or part of the shareholder's shares to the highest bidder in a manner provided in section 3808. Upon expiration of the 30-day period and refusal or neglect by a shareholder to pay the assessment, a security interest in favor of the bank in the amount of the assessment shall attach to all of the shareholder's shares for the sole purpose of satisfying the assessment levied. The security interest shall have priority over any other security interests perfected by a creditor or otherwise granted by the shareholder in shares issued after the effective date of this act.

If the directors fail to restore the capital of the bank or take steps to dissolve the bank during the 2-month period following notice from the commissioner and any extension granted under subsection (1), the commissioner may appoint a receiver for the bank in accordance with this act.

If any part of the capital of a bank consists of preferred stock, the determination of whether the capital of the bank is impaired and the amount of the impairment shall be based upon the par value of its stock even though the amount that the holders of the preferred stock shall be entitled to receive in the event of retirement or dissolution shall be in excess of the par value of the preferred stock.

The holders of preferred stock shall not be liable for assessments to restore impairment in the capital of a bank.

History: 1999, Act 276, Eff. Mar. 1, 2000
Mich. Comp. Laws § 408.230 — MI Code / Chapter 408 / Act Act-219-of-1994 / Section 408.230
Liability.
Status: in_force

Sec. 10.

Except as provided in subsection (3), this state assumes liability with respect to any claim arising out of or resulting from any act or omission by a member of the commission within the scope of service of the commission member.

A member of the commission shall not have any personal liability for any claim arising out of any act or omission by the member within the scope of the member's service on the commission.

Subsection (2) does not limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of the commission member.

This section does not do any of the following:

Affect any other immunities and protections that may be available to the commission member under any law applicable to the member's service on the commission.

Affect any other right or remedy against the state under any applicable law, or against any person other than a member of the commission.

Limit or alter in any way the immunities available for state officials and employees not described in this act.

History: 1994, Act 219, Imd. Eff. June 27, 1994
Mich. Comp. Laws § 457.581 — MI Code / Chapter 457 / Act Act-78-of-1891 / Section 457.581
Knights of Golden Eagle; incorporation.
Status: in_force

Sec. 1.

That grand and subordinate castles and commanderies of the Knights of the Golden Eagle, of the state of Michigan, may be incorporated in pursuance of the provisions of this act.

History: 1891, Act 78, Eff. Oct. 2, 1891; CL 1897, 8089; CL 1915, 10563; CL 1929, 10764; CL 1948, 457.581
Mich. Comp. Laws § 38.1303 — MI Code / Chapter 38 / Act Act-300-of-1980 / Section 38.1303
Definitions; A.
Status: in_force

Sec. 3.

"Accumulated contributions" means 1 or more of the following:

The amounts credited to a member's individual subaccount in the reserve for employee contributions plus regular interest on those amounts.

The amounts credited to a member's individual subaccount in the reserve for member investment plan plus compound interest on those amounts.

"Active duty" means full-time duty in the armed forces other than active duty which is exclusively for training purposes.

"Actuarial cost" means an amount that shall be paid, except as otherwise specifically provided by this act, by a member to purchase additional service credit as allowed under this act. Actuarial cost shall be computed as provided in section 79.

"Armed forces" means the United States army, navy, marine corps, air force, and coast guard, including the reserve components.

History: 1980, Act 300, Imd. Eff. Oct. 31, 1980; Am. 1985, Act 91, Imd. Eff. July 10, 1985; Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Mich. Comp. Laws § 38.1343b — MI Code / Chapter 38 / Act Act-300-of-1980 / Section 38.1343b
Eligibility requirements; exceptions.
Status: in_force

Sec. 43b.

A member who contributes to the member investment plan shall have the eligibility requirements of section 81 except as follows:

The age 55 requirement of section 81(1)(a) shall not apply.

The 10 years of credited service requirement of section 81(1)(b) shall be 5 years if the member is working as a public school employee and the member received credited service in each of the 5 school fiscal years immediately preceding the retirement allowance effective date.

History: Add. 1985, Act 91, Imd. Eff. July 10, 1985; Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Mich. Comp. Laws § 450.139 — MI Code / Chapter 450 / Act Act-327-of-1931 / Section 450.139
Parent corporations; powers as to property.
Status: in_force

Sec. 139.

Same; powers in relation to property. Every such parent corporation shall have power to hold in fee or otherwise, such real estate, and to own such personal property, as may be necessary to establish its state headquarters, or any charitable home or institution established or maintained by it, and for that purpose may contract for the purchase of land, take conveyance of, purchase, lease or rent such real estate as may be so necessary; and may in connection with any land or building erected thereon let or sublet any vacant space therein or thereon not necessary to the immediate requirements of the corporation. In case it shall become necessary or advisable for the corporation to execute any contract for the purchase of such land or the lease of any such building, or to sell, mortgage or convey the same, the executive or other committee or trustees having charge of the fiscal affairs of such corporation shall designate at least 2 officers of such corporation to execute and deliver such instruments on behalf of the corporation, as shall have been authorized by such committee or trustees.

History: 1931, Act 327, Eff. Sept. 18, 1931; CL 1948, 450.139
Mich. Comp. Laws § 290.455 — MI Code / Chapter 290 / Act Act-158-of-1964 / Section 290.455
Wholesale potato dealers; identification card; fees.
Status: in_force

Sec. 5.

A licensee shall secure from the director an identification card for each of his or her buyers or agents and for an individual licensee operating as his or her agent to place the public on notice that the persons soliciting potatoes from place to place are working as agents of a licensed dealer. The fee for each identification card shall be $5.00.

Money collected by the director as fees imposed under this act shall be paid into the state treasury and credited to the general fund for the administration and enforcement of this act.

History: 1964, Act 158, Eff. Aug. 28, 1964; Am. 1992, Act 171, Eff. Oct. 20, 1992
Mich. Comp. Laws § 722.720 — MI Code / Chapter 722 / Act Act-205-of-1956 / Section 722.720
Continuing jurisdiction; purposes.
Status: in_force

Sec. 10.

The court has continuing jurisdiction over proceedings brought under this act to do any of the following:

(a) Increase or decrease the amount fixed by the order of filiation subject to section 7.

(b) Provide for, change, and enforce provisions of the order of filiation relating to the custody or support of or parenting time with the child.

(c) Determine an action to set aside the order of filiation under the revocation of paternity act.

History: 1956, Act 205, Eff. Aug. 11, 1956; Am. 1986, Act 107, Eff. June 1, 1986; Am. 1990, Act 244, Imd. Eff. Oct. 10, 1990; Am. 1990, Act 294, Imd. Eff. Dec. 14, 1990; Am. 1994, Act 388, Imd. Eff. Dec. 29, 1994; Am. 1996, Act 18, Eff. June 1, 1996; Am. 2001, Act 109, Eff. Sept. 30, 2001; Am. 2012, Act 162, Imd. Eff. June 12, 2012
Mich. Comp. Laws § 399.152 — MI Code / Chapter 399 / Act Act-10-of-1955 / Section 399.152
Definitions.
Status: in_force

Sec. 2.

As used in this act:

(a) "Application" means a request for the placement of an official Michigan historical marker at the location of a historic resource or site and for the resource's or site's listing in the state register of historic sites.

(b) "Center" means the Michigan history center established in the Michigan history center act, 2016 PA 470, MCL 399.801 to 399.812.

(c) "Commission" means the Michigan historical commission created in section 3 of the Michigan historical commission act, 2016 PA 469, MCL 399.833.

(d) "Department" means the department of natural resources.

(e) "Fund" means the Michigan history center operations fund created in section 8 of the Michigan history center act, 2016 PA 470, MCL 399.808.

(f) "Historic resource" means a publicly or privately owned building, structure, site, object, or open space of historic significance to this state, including places associated with a significant individual, group, or event in this state.

(g) "Historic significance" means value in relation to historical, architectural, archaeological, engineering, technological, or cultural disciplines.

(h) "Marker" or "official Michigan historical marker" means Michigan historical marker signage as approved by the commission under this act.

(i) "Michigander" means a resident of the state of Michigan.

(j) "Person" means an individual, partnership, corporation, association, or other private legal entity.

(k) "Work" means construction, addition, alteration, repair, moving, excavation, or demolition.

History: 1955, Act 10, Eff. Oct. 14, 1955; Am. 1964, Act 249, Imd. Eff. May 28, 1964; Am. 2002, Act 488, Imd. Eff. June 28, 2002; Am. 2017, Act 185, Eff. Feb. 19, 2018
Mich. Comp. Laws § 600.5838b — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.5838b
Action for legal malpractice; commencement; limitation; definitions.
Status: in_force

Sec. 5838b.

(1) An action for legal malpractice against an attorney-at-law or a law firm shall not be commenced after whichever of the following is earlier:

(a) The expiration of the applicable period of limitations under this chapter.

(b) Six years after the date of the act or omission that is the basis for the claim.

(2) A legal malpractice action that is not commenced within the time prescribed by subsection (1) is barred.

(3) As used in this section:

(a) "Attorney-at-law" means an individual licensed to practice law in this state or elsewhere.

(b) "Law firm" means a person that is primarily engaged in the practice of law, regardless of whether organized as a sole proprietorship, partnership, limited liability partnership, professional limited liability company, professional corporation, or other business entity. Law firm includes a legal services organization.

History: Add. 2012, Act 582, Imd. Eff. Jan. 2, 2013
Mich. Comp. Laws § 780.159a — MI Code / Chapter 780 / Act Act-8-of-1952 / Section 780.159a
Enforcement of duties of support; defense of immunity not available.
Status: in_force

Sec. 9a.

All duties of support, including the duty to pay arrearages, are enforceable by a proceeding under this act including a proceeding for civil contempt. The defense that the parties are immune to suit because of their relationship as husband and wife or parent and child is not available to the obligor.

History: Add. 1985, Act 172, Eff. Mar. 1, 1986
Mich. Comp. Laws § 331.152 — MI Code / Chapter 331 / Act Act-350-of-1913 / Section 331.152
Referendum; election procedure, ballots.
Status: in_force

Sec. 2.

Said election shall be held at the usual places in such county for the election of county officers, the vote to be canvassed in the same manner as that for county officers. The ballots to be used at any election at which the said question is submitted shall be printed with a statement substantially as follows:

Shall the county of ............... establish a county hospital in accordance with the terms of Act No. 350 of the Public Acts of 1913, as amended?

Yes [ ] No [ ]

History: 1913, Act 350, Eff. Aug. 14, 1913; CL 1915, 10859; CL 1929, 7064; CL 1948, 331.152; Am. 1960, Act 43, Imd. Eff. Apr. 19, 1960