FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 333.20982 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.20982
Confidentiality of communication or record; exceptions.
Status: in_force

Sec. 20982.

(1) Except as otherwise provided in this section, a communication made by an emergency service provider to a CISM team member while the emergency service provider receives CISM services is confidential and shall not be disclosed in a civil, criminal, or administrative proceeding. A record kept by a CISM team member relating to the provision of CISM services to an emergency service provider by the CISM team or a CISM team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, or administrative proceeding.

(2) A communication or record described in subsection (1) is not confidential if any of the following circumstances exist:

(a) The CISM team member reasonably needs to make an appropriate referral of the emergency service provider to or consult about the emergency service provider with another member of the CISM team or an appropriate professional associated with the CISM team.

(b) The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.

(c) The communication conveys information relating to child or elder abuse.

(d) The emergency service provider or the legal representative of the emergency service provider expressly agrees that the emergency service provider's communication is not confidential.

History: Add. 2016, Act 40, Eff. June 13, 2016
Mich. Comp. Laws § 257.1108 — MI Code / Chapter 257 / Act Act-198-of-1965 / Section 257.1108
Default judgment; notice to secretary of state; reopening; settlements.
Status: in_force

Sec. 8.

Section 7 does not apply in the case of a judgment entered in an action in which the defendant did not enter an appearance, did not file an answer, or did not appear in person or by counsel at the trial, or judgment was entered upon the consent or with the agreement of the defendant, unless the secretary has been given notice in writing of the failure, consent or agreement and has been afforded an opportunity to take such action as he may deem advisable under subsection (2).

Where the secretary is served with notice in writing under this section, he may enter an appearance within 30 days, file an answer, make payment into court, appear by counsel at the trial or take such other action as he may deem appropriate on behalf and in the name of the defendant, and thereupon, on behalf and in the name of the defendant, may conduct his defense, and may consent to judgment in such amount as he may deem proper in all the circumstances, and all acts done in accordance therewith shall be deemed to be the acts of the defendants.

Where pleadings have been closed, the secretary, upon giving notice to the court and to all proper parties to the action that he intends to defend the action on behalf and in the name of the defendant, may reopen the pleadings upon praecipe.

In any action to recover damages arising out of the use or operation of an uninsured motor vehicle any settlement made between the plaintiff and defendant shall not be binding upon the secretary or the fund unless the secretary consents thereto.

History: 1965, Act 198, Eff. Nov. 1, 1965; Am. 1968, Act 223, Eff. July 1, 1968
Mich. Comp. Laws § 18.426 — MI Code / Chapter 18 / Act Act-302-of-1982 / Section 18.426
Grants; policies and procedures.
Status: in_force

Sec. 6.

The following policies and procedures apply to issuing grants under this act:

(a) The commission shall not award grants to a professional association.

(b) The commission may award grants using written grant agreements to which the commission and grantee are parties.

(c) Grantees shall submit applications for grant awards to the commission in the manner prescribed by the commission. The commission shall publish grant application procedures.

History: 1982, Act 302, Imd. Eff. Oct. 12, 1982; Am. 1989, Act 158, Imd. Eff. July 28, 1989; Am. 2016, Act 290, Eff. Jan. 2, 2017
Mich. Comp. Laws § 324.50150 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.50150
Cost-share payments, loans, or annual incentive payments; federal payments or other assistance; limitation.
Status: in_force

Sec. 50150.

Cost-share payments, loans, or annual incentive payments under this subpart may be made for forest practices that are also the subject of payments or other assistance provided under federal law. Payments or loans may be made to satisfy member cost shares or to repay loans received under federal programs. Combined state and federal payments and loans, and required member cost-share contributions, shall not together exceed the amount of the actual cost or the prevailing cost per acre of the forest practices as determined by the board, whichever is less.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 324.14724 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.14724
PBDE advisory committee; recommendations.
Status: in_force

Sec. 14724.

The department may establish a PBDE advisory committee to assist the department in determining the risk posed by the release of PBDEs, other than penta-BDE or octa-BDE, to human health and the environment. The department may use existing programs to monitor the presence of PBDEs in the state's environment to determine exposure and risk. If new scientific information gathered by the advisory committee indicates a significant risk to human health and the environment in the state, the advisory committee shall inform the department of risk or risks and, if the department concurs, the department shall advise the legislature of the risk. Nothing in this section shall preclude the department from issuing recommendations to the legislature independent of any actions of the advisory committee.

History: Add. 2004, Act 526, Imd. Eff. Jan. 3, 2005
Mich. Comp. Laws § 380.1313b — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1313b
Distribution of informational notice on best practices for storage of firearms.
Status: in_force

Sec. 1313b.

(1) Beginning October 1, 2025, and every October 1 thereafter, the board of a school district or intermediate school district, the board of directors of a public school academy, or the governing body of a nonpublic school shall distribute the informational notice developed under section 1313a to the parent or legal guardian of each student enrolled in the school district, intermediate school district, public school academy, or nonpublic school. The informational notice may be distributed electronically or by mail.

(2) By not later than October 1, 2025, the department shall post the English, Spanish, and Arabic versions of the informational notice developed under section 1313a on the department's website.

(3) By not later than October 1, 2025, the board of a school district or intermediate school district, the board of directors of a public school academy, or the governing body of a nonpublic school shall post links to the department webpages described in subsection (2) on the website of the school district, public school academy, or nonpublic school.

(4) The department, the department of health and human services, a school district, an intermediate school district, a public school academy, a nonpublic school, and any officers, board members, or employees of those institutions are immune from civil liability, both personally and professionally, for any damages allegedly caused by, arising out of, or relating to the informational notice developed under section 1313a.

History: Add. 2024, Act 258, Eff. Apr. 2, 2025
Mich. Comp. Laws § 440.2870 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2870
Risk of loss; repudiation; default.
Status: in_force

Sec. 2A220.

Where risk of loss is to pass to the lessee and the time of passage is not stated, then the following rules apply:

If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.

If the lessee rightfully revokes acceptance, he or she, to the extent of any deficiency in his or her effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.

Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage, may treat the risk of loss as resting on the lessee for a commercially reasonable time.

History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Mich. Comp. Laws § 26.13 — MI Code / Chapter 26 / Act Act-385-of-1927 / Section 26.13
Distribution and sale of published reports by contractor.
Status: in_force

Sec. 13.

Said contractor shall, within the same time, place the same on sale in the city of Detroit and city of Lansing, and such other places in Michigan as may be directed by said justices in writing, in quantities sufficient to meet all demands, and shall thereafter at all times keep the same on sale to citizens of this state, at the places aforesaid, in sufficient quantities, at a price not exceeding the price named in the contract.

History: 1927, Act 385, Eff. Sept. 5, 1927; CL 1929, 535; CL 1948, 26.13
Mich. Comp. Laws § 16.328 — MI Code / Chapter 16 / Act Act-380-of-1965 / Section 16.328
State banking department and office of commissioner; transfer.
Status: in_force

Sec. 228.

The state banking department and the office of commissioner of the state banking department created under section 3 of Act No. 341 of the Public Acts of 1937, being section 487.3 of the Compiled Laws of 1948, are transferred by a type I transfer to the department of commerce.

History: 1965, Act 380, Imd. Eff. July 23, 1965
Mich. Comp. Laws § 205.206 — MI Code / Chapter 205 / Act Act-188-of-1899 / Section 205.206
Tax refund.
Status: in_force

Sec. 6.

If any debt shall be allowed against the estate of a decedent after the payment of any legacy or distributive share from which any tax has been deducted or upon which it has been paid by the person entitled to the legacy or distributive share, and that person is required to refund the amount of the debts, an equitable proportion of the tax shall, upon the order of the court, be paid to him or her by the executor, administrator, trustee or other person, if the tax has not been paid to the state of Michigan. When any amount of said tax shall have been paid erroneously to the state of Michigan by reason of the allowance of debts or otherwise, it shall be lawful for the state treasurer, upon satisfactory proof by the order or certificate of the proper court of the allowance of the debts or of the reversal, correction or alteration, in accordance with law, of the order fixing the tax, to draw his or her warrant upon the state treasury for the erroneous payment, to be refunded to the executor, administrator, trustee, person or persons entitled to receive it, and charge the warrant to the fund which receives credit from the payment of taxes under the provisions of this act. However, applications for the refunding of erroneous tax shall be made within 6 months from the allowance of the debts or the reversal, correction or alteration of the order.

History: 1899, Act 188, Eff. Sept. 23, 1899; Am. 1903, Act 195, Imd. Eff. June 9, 1903; CL 1915, 14529; CL 1929, 3678; CL 1948, 205.206; Am. 1993, Act 54, Eff. Sept. 1, 1993; Am. 2002, Act 347, Imd. Eff. May 23, 2002
Mich. Comp. Laws § 460.1171 — MI Code / Chapter 460 / Act Act-295-of-2008 / Section 460.1171
"Electric utility" defined.
Status: in_force

Sec. 171.

As used in this part, "electric utility" means any person or entity whose rates are regulated by the commission for the purpose of selling electricity to retail customers in this state.

History: 2008, Act 295, Imd. Eff. Oct. 6, 2008
Mich. Comp. Laws § 333.29505 — MI Code / Chapter 333 / Act Act-220-of-2020 / Section 333.29505
List of prohibited industrial hemp varieties; website; enforcement response policy.
Status: in_force

Sec. 505.

(1) The department may create and maintain on its website a list of prohibited industrial hemp varieties.

(2) The department shall develop an enforcement response policy for use under chapter VI. The enforcement response policy must provide for consideration and application of all of the following factors:

(a) Whether a grower has committed 1 or more violations under chapter VI.

(b) The severity of a violation under chapter VI.

(c) Whether a person has had previous contact with the department about violations or attempted violations under chapter VI.

(d) Past enforcement actions under chapter VI.

(e) Any other circumstances as determined by the department.

History: 2020, Act 220, Imd. Eff. Oct. 16, 2020; Am. 2021, Act 4, Imd. Eff. Mar. 24, 2021
Mich. Comp. Laws § 125.1956 — MI Code / Chapter 125 / Act Act-175-of-1982 / Section 125.1956
Repeal of section 73 of P.A. 1981, No. 30.
Status: in_force

Sec. 6.

Section 73 of Act No. 30 of the Public Acts of 1981 is repealed.

History: 1982, Act 175, Imd. Eff. June 6, 1982
Mich. Comp. Laws § 440.3101 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.3101
Short title; article.
Status: in_force

Sec. 3101.

This article shall be known and may be cited as "uniform commercial code-negotiable instruments".

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1993, Act 130, Eff. Sept. 30, 1993
Mich. Comp. Laws § 211.1163 — MI Code / Chapter 211 / Act Act-108-of-2023 / Section 211.1163
Utilization report to legislature.
Status: in_force

Sec. 13.

(1) The department annually shall prepare and submit to the committees of the house of representatives and senate responsible for tax policy and economic development issues a report on the utilization of this act, based on the information filed with the commission.

(2) After this act has been in effect for 3 years, the department shall prepare and submit to the committees of the house of representatives and senate responsible for tax policy and economic development issues an economic analysis of the costs and benefits of this act in the 3 qualified local governmental units in which it has been most heavily utilized.

History: 2023, Act 108, Imd. Eff. July 27, 2023
Mich. Comp. Laws § 257.654 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.654
Vehicles forming part of funeral procession; right-of-way; flags; passing through funeral procession with vehicle as civil infraction.
Status: in_force

Sec. 654.

A motor vehicle forming part of a funeral procession, when going to a place of burial, shall have the right of way over all other vehicles except fire apparatus, ambulances, and police patrol vehicles at a street or highway intersection within this state if the vehicle in the funeral procession displays a flag which shall be fluorescent orange in color, and upon which shall be printed, stamped, or stained a black cross, the star of David, or the crescent and star. The lead vehicle and the last vehicle in the funeral procession may carry an additional flag. The flags shall not contain a name embossed or printed on the flag, except the word "funeral".

A person passing through a funeral procession of motor vehicles, designated pursuant to subsection (1), with a vehicle of any kind, is responsible for a civil infraction.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 1952, Act 9, Eff. Sept. 18, 1952; Am. 1960, Act 105, Eff. Aug. 17, 1960; Am. 1975, Act 49, Imd. Eff. May 20, 1975; Am. 1978, Act 510, Eff. Aug. 1, 1979; Am. 1979, Act 148, Eff. Jan. 1, 1980
Mich. Comp. Laws § 500.4667 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.4667
Sponsored captive insurance companies; business entities as participants.
Status: in_force

Sec. 4667.

(1) An association, a corporation, a limited liability company, a partnership, a trust, or other business entity may be a participant in a sponsored captive insurance company authorized pursuant to this chapter.

(2) A sponsor may be a participant in a sponsored captive insurance company.

(3) A participant need not be a shareholder of the sponsored captive insurance company or an affiliate of the company.

(4) A participant shall insure only its own risks through a sponsored captive insurance company, unless otherwise approved by the commissioner.

History: Add. 2008, Act 29, Imd. Eff. Mar. 13, 2008
Mich. Comp. Laws § 486.101 — MI Code / Chapter 486 / Act Act-202-of-1887 / Section 486.101
Water power and supply corporations; incorporators; powers.
Status: in_force

Sec. 1.

That any number of persons not less than 5 may form themselves into a corporation for the purpose of damming any stream and of excavating and constructing, maintaining, repairing and improving any canal already existing or which they may wish to excavate and construct with water power appurtenant thereto and may own, lease, use and control the same for the purpose of accumulating, storing, conducting, selling, furnishing and supplying upon an agreed rental water and water power, for mining, milling, manufacturing, domestic, municipal and agricultural purposes and for purposes of navigation, and may acquire, hold, lease and convey lands or water power as may be necessary or convenient for the purposes above specified by complying with the following requirements.

History: 1887, Act 202, Imd. Eff. June 18, 1887; How. 3895r; CL 1897, 6806; CL 1915, 8904; CL 1929, 11839; CL 1948, 486.101
Mich. Comp. Laws § 324.3309 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.3309
Permit; term; information to be included; authorization of chemical treatment; annual fees; additional conditions.
Status: in_force

Sec. 3309.

(1) The term of a certificate of coverage shall not be less than 3 years unless the applicant requests a shorter term.

(2) A permit under this part shall, at a minimum, include all of the following information:

(a) The active ingredient or the trade name of each chemical to be applied.

(b) The application rate of each chemical.

(c) The maximum amount of each chemical to be applied per treatment.

(d) Minimum length of time between treatments for each chemical.

(e) A map or maps that clearly delineate the approved area of impact.

(f) The term of the permit. The term shall not be less than 3 years unless the applicant requests a shorter term.

(3) A permit under this part shall authorize chemical treatment in each year covered by the permit. This subsection does not apply to a chemical if the chemical's annual use is restricted in rules that were in effect on the effective date of the amendatory act that added this subsection.

(4) By April 1 of the second and each subsequent year of a permit, the permittee shall pay the department an annual fee. The annual fee shall equal the permit application fee paid for that specific permit under section 3306 including, for annual fees due after the initial treatment of an expanded area of impact under section 3311(3), the additional fee under section 3311(3)(e). If an annual fee is not received by the department by April 1, the permit is suspended until the annual fee is paid. When the application fee for a permit is paid, an applicant may choose to also pay in advance all the annual fees that will become due under this subsection if the permit is granted for the term requested by the applicant. If the application is denied or is granted for a shorter period than the applicant requested, the department shall refund the overpayment of annual fees.

(5) The department may impose additional conditions on a permit under this part to protect the natural resources or the public health, to prevent economic loss or impairment of recreational uses, to protect nontarget organisms, or to help ensure control of the aquatic nuisance.

History: Add. 2004, Act 246, Eff. Oct. 1, 2004; Am. 2014, Act 253, Imd. Eff. June 30, 2014
Mich. Comp. Laws § 388.1601 — MI Code / Chapter 388 / Act Act-94-of-1979 / Section 388.1601
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as "the state school aid act of 1979".

History: 1979, Act 94, Eff. Oct. 1, 1979
Mich. Comp. Laws § Article VI § 14 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article VI § 14
County clerks; duties, vacancies; prosecuting attorneys, vacancies.
Status: in_force

Sec. 14.

The clerk of each county organized for judicial purposes or other officer performing the duties of such office as provided in a county charter shall be clerk of the circuit court for such county. The judges of the circuit court may fill a vacancy in an elective office of county clerk or prosecuting attorney within their respective jurisdictions.

History: Const. 1963, Art. VI, § 14, Eff. Jan. 1, 1964
Mich. Comp. Laws § 290.649l — MI Code / Chapter 290 / Act Act-44-of-1984 / Section 290.649l
Variance; conditions for granting; fines; disposition.
Status: in_force

Sec. 9 l .

(1) A gasoline refiner, distributor, or terminal may petition the department for a temporary variance from the vapor pressure standards established by the director or in this act. In order to receive a variance, the refiner, distributor, or terminal shall demonstrate that fuel necessary to meet the current standard cannot be supplied and that the refiner, distributor, or terminal has taken and will continue to take all reasonable steps to minimize the vapor pressure of fuel during the period the variance is in effect. If the department finds that the reason fuel that would allow the refiner, distributor, or terminal to meet the standard is not available is beyond the control of the refiner, distributor, or terminal and that compliance with the vapor pressure standard would result in fuel shortages that cannot otherwise be made up, the department may grant the variance. The variance shall be granted only for the minimum period necessary and in no event shall the department grant a variance for longer than 20 days. The allowable vapor pressure under the variance shall be the minimum the department considers necessary and in no event shall allow the refiner, distributor, or terminal to operate with a vapor pressure of greater than 9.0 psi.

(2) A fine of 10 cents per gallon of fuel sold or released for sale during the variance period shall be collected by the department for every variance granted. After 2006, the amount of the fine shall be the amount charged in 2006 annually adjusted by the same percentage increase or decrease as the increase or decrease in the Detroit consumer price index. The department shall collect the fines on forms generated by the department and shall establish a payment schedule for payment of fines. Fines collected under this section shall be deposited in the gasoline inspection and testing fund established in section 8 and shall be appropriated annually by the legislature for air quality mitigation projects in the geographic area covered by the applicable state implementation plan requirement for low vapor pressure fuel.

History: Add. 2006, Act 104, Imd. Eff. Apr. 6, 2006
Mich. Comp. Laws § 324.61515 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.61515
Handling or disposition of illegal oil or gas; penalty.
Status: in_force

Sec. 61515.

A person shall not sell, purchase, acquire, transport, refine, process, or otherwise handle or dispose of any illegal oil or gas or any illegal product of oil or gas. A penalty or forfeiture shall not be imposed as a result of an act described in this section until certificates of clearance or tenders are required by the supervisor as provided in section 61514.

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