FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 440.2722 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2722
Right of action against third party for injury to goods.
Status: in_force

Sec. 2722.

Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract

a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;

if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;

either party may with the consent of the other sue for the benefit of whom it may concern.

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 333.18711 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.18711
Temporary license.
Status: in_force

Sec. 18711.

The department may issue a temporary license as a respiratory therapist to an applicant who does not meet all of the requirements of section 18709, if the applicant does all of the following:

Applies to the department for a temporary license within 1 year after the effective date of the amendatory act that added this part.

Provides satisfactory proof to the department that he or she has been employed full-time as a respiratory therapist for the 4 years immediately preceding the date of application in 1 of the following:

An inpatient or outpatient respiratory care service or department within a licensed health facility.

A durable medical equipment company or home care agency.

A respiratory care educational program.

Provides the department with a letter of recommendation from his or her medical director at the time of application attesting to the applicant's clinical competence as a respiratory therapist.

Pays the applicable fees prescribed by section 16344.

A temporary license issued by the department under this section expires within the same time period as a nontemporary license issued by the department under this part. The holder of a temporary license issued under this section may apply for 1 or more renewals of the temporary license a number of times, but an individual may not hold a temporary license for more than a total of 4 years.

The holder of a temporary license issued under this section is subject to this part and the rules promulgated under this part, except for the requirements for licensure.

History: Add. 2004, Act 3, Eff. July 1, 2004
Mich. Comp. Laws § 18.1470 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1470
Procurement contract for services; audit of vendor to verify compliance; provision; availability; exemption; "auditor general" defined.
Status: in_force

Sec. 470.

(1) Beginning January 1, 2013, if a state agency enters into a procurement contract for services, the contract shall provide that the department or its designee may audit the vendor to verify compliance with the contract. The financial and accounting records associated with the contract shall be made available to the department or its designee and the auditor general, upon request, during the term of the contract and any extension of the contract and for 3 years after the later of the expiration date or final payment under the contract. The department and its designee shall not audit any matters outside the scope of the individual contract unless there is a separate constitutional or statutory basis for that audit.

(2) Beginning January 1, 2013, if a person receives a grant of state funds, the person shall agree to allow the department or its designee to audit the person to verify compliance with the terms of the grant. The person shall also agree that the financial and accounting records associated with the grant shall be made available to the department or its designee and the auditor general, upon request, during the term of the grant and any extension of the grant and for 3 years after the later of the expiration date or final payment under the grant. The department and its designee shall not audit any matters outside the scope of the individual grant unless there is a separate constitutional or statutory basis for that audit.

(3) Proprietary financial and accounting data and records associated with the contract or grant shall be exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(4) Nothing in this section shall limit the constitutional or statutory authority of the auditor general.

(5) As used in this section, "auditor general" means the auditor general or a certified public accounting firm selected by the auditor general to conduct the audit.

History: Add. 2012, Act 230, Imd. Eff. June 29, 2012
Mich. Comp. Laws § 324.61525b — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.61525b
Oil and gas regulatory fund; creation; disposition of money or other assets; lapse; expenditures; annual report.
Status: in_force

Sec. 61525b.

The oil and gas regulatory fund is created within the state treasury.

The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

The department shall expend money from the fund, upon appropriation, only for monitoring, surveillance, enforcement, and administration of this part.

The department shall annually submit a report to the legislature that itemizes the expenditure of money in the fund. The report shall include, at a minimum, all of the following:

The amount of money received and the amount of money expended.

The number of full-time equivalent positions funded with money in the fund.

The number of on-site inspections conducted by the department in implementing this part.

The number of violations identified in enforcing this part, their locations, and a description of the nature of the violations.

History: Add. 1998, Act 252, Imd. Eff. July 10, 1998
Mich. Comp. Laws § 493.71 — MI Code / Chapter 493 / Act Act-125-of-1981 / Section 493.71
Interest rate; limitation; computation; prepaid finance charge or fee.
Status: in_force

Sec. 21.

A licensee or registrant may charge, contract for, receive, or collect on a secondary mortgage loan an interest rate not exceeding the interest rate permitted by the credit reform act, 1995 PA 162, MCL 445.1851 to 445.1864. Interest on a secondary mortgage loan under this act shall not be added or deducted in advance but shall be computed on the basis of the actual unpaid balance of the principal of the loan on a daily or monthly basis for the time actually outstanding until the loan is paid in full.

This section does not prohibit a lender from offering the borrower, in connection with a secondary mortgage loan that involves other than open-end credit, an option to pay a prepaid finance charge in exchange for a lower contract interest rate or to charge a prepayment fee in the amount permitted under section 1c of 1966 PA 326, MCL 438.31c.

History: 1981, Act 125, Imd. Eff. July 23, 1981; Am. 1982, Act 361, Imd. Eff. Dec. 23, 1982; Am. 1983, Act 43, Imd. Eff. May 12, 1983; Am. 1983, Act 251, Imd. Eff. Dec. 29, 1983; Am. 1984, Act 416, Imd. Eff. Dec. 28, 1984; Am. 1985, Act 155, Imd. Eff. Nov. 15, 1985; Am. 1995, Act 164, Eff. Mar. 28, 1996; Am. 1997, Act 91, Imd. Eff. Aug. 1, 1997
Mich. Comp. Laws § 324.78307 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.78307
Disposition of revenues.
Status: in_force

Sec. 78307.

All revenues received by the department under this part shall be deposited in the state treasury to the credit of the state waterways fund and shall be expended as appropriated by the legislature.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Mich. Comp. Laws § Article V § 18 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article V § 18
Budget; general and deficiency appropriation bills.
Status: in_force

Sec. 18.

The governor shall submit to the legislature at a time fixed by law, a budget for the ensuing fiscal period setting forth in detail, for all operating funds, the proposed expenditures and estimated revenue of the state. Proposed expenditures from any fund shall not exceed the estimated revenue thereof. On the same date, the governor shall submit to the legislature general appropriation bills to embody the proposed expenditures and any necessary bill or bills to provide new or additional revenues to meet proposed expenditures. The amount of any surplus created or deficit incurred in any fund during the last preceding fiscal period shall be entered as an item in the budget and in one of the appropriation bills. The governor may submit amendments to appropriation bills to be offered in either house during consideration of the bill by that house, and shall submit bills to meet deficiencies in current appropriations.

History: Const. 1963, Art. V, § 18, Eff. Jan. 1, 1964
Mich. Comp. Laws § 408.659 — MI Code / Chapter 408 / Act Act-225-of-1966 / Section 408.659
Inspectors; appointment, qualifications.
Status: in_force

Sec. 9.

The department shall hire inspectors to inspect carnival-amusement rides and shall hire or retain an individual as the direct supervisor of those inspectors who the department determines is qualified in engineering and training.

History: 1966, Act 225, Imd. Eff. July 11, 1966; Am. 1967, Act 265, Imd. Eff. July 19, 1967; Am. 2018, Act 424, Eff. Mar. 20, 2019
Mich. Comp. Laws § 324.74103 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.74103
Powers of department; land acquisition and improvement program.
Status: in_force

Sec. 74103.

In implementing the responsibilities under this part, the department may do 1 or more of the following:

Enter into contracts or agreements that may be necessary to implement this part.

Lease state park property to a person.

Accept gifts, grants, or bequests from any public or private source to be used for a purpose consistent with this part.

Acquire property for designation as a state park.

Provide the granting of concessions to a person within the boundaries of a state park. In granting a concession, the department shall provide that each concession is awarded at least every 7 years based on extension, renegotiation, or competitive bidding.

The department may acquire land and undertake an improvement program for state parks, pursuant to the powers, rights, and privileges conferred by this part, but land acquisition or an improvement program shall not be undertaken until approved by the legislature in the annual capital outlay appropriation act.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 2.61 — MI Code / Chapter 2 / Act Act-302-of-1990 / Section 2.61
State soil.
Status: in_force

Sec. 1.

The Kalkaska soil series is adopted as the official soil of this state.

History: 1990, Act 302, Imd. Eff. Dec. 14, 1990
Mich. Comp. Laws § 421.27b — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.27b
Deducting and withholding income tax from unemployment benefits.
Status: in_force

Sec. 27b.

Beginning January 1, 1997, an individual filing a claim for unemployment benefits that establishes a new benefit year shall, at the time of filing the claim, be advised of all of the following:

That unemployment benefits are subject to federal and state income tax.

That some taxpayers are required to make estimated tax payments.

That the individual may elect to have both of the following deducted and withheld from his or her unemployment compensation payments:

( i ) Federal income tax in the amount specified under subchapter A of chapter 24 of subtitle C of the internal revenue code of 1986, 26 U.S.C. 3401 to 3406.

( ii ) Effective with new claims filed on or after January 1, 1998, state income tax as provided in section 351 of the income tax act of 1967, Act No. 281 of the Public Acts of 1967, being section 206.351 of the Michigan Compiled Laws.

That the individual is permitted to change a previously elected withholding status only once in the individual's benefit year.

If an individual makes an election to have money deducted and withheld from his or her unemployment compensation payments under subsection (1)(c), the commission shall, in accordance with section 351 of Act No. 281 of the Public Acts of 1967, withhold a tax in the same manner that an employer is required under the internal revenue code of 1986 to withhold a tax on the compensation of an individual. For a new claim filed after January 1, 1998, an election by an individual to have income tax withheld from unemployment compensation payments applies to both federal and state income tax. An individual may not elect to have only federal or only state income tax withheld for a new claim filed after January 1, 1998.

Amounts deducted and withheld from unemployment benefits shall remain in the unemployment insurance trust fund until transferred to the internal revenue service of the United States department of treasury, or to the state department of treasury, as appropriate, as a payment of income tax.

The commission shall follow all procedures specified by the United States department of labor, the internal revenue service of the United States department of treasury, and the Michigan department of treasury pertaining to the deducting and withholding of income tax.

Amounts shall be deducted and withheld under this section only after a claimant's weekly benefit rate is reduced based on the pension reduction and earnings offset requirements of section 27, and only after a claimant's benefit payment is adjusted by amounts withheld from it by the commission to satisfy the legal obligations of restitution under section 62(a), fraud penalties under sections 54 and 54a to 54c, child support obligations under section 27, and necessaries under section 30.

This section also applies to the first time a claimant files a claim in an existing benefit year on or after January 1, 1997.

History: Add. 1996, Act 577, Imd. Eff. Jan. 17, 1997
Mich. Comp. Laws § 121.21 — MI Code / Chapter 121 / Act Act-4-of-1957 / Section 121.21
Charter water authority; body corporate; charter, powers.
Status: in_force

Sec. 21.

The authority shall be a municipal corporation, and a public body corporate with power to sue and be sued in any court of this state. This act shall be considered to be its charter, and it shall possess all powers necessary to carry out the purposes of its incorporation and those incident thereto as expressed in this act. The enumeration of any powers in this act shall not be construed as a limitation upon such general powers.
Mich. Comp. Laws § 141.624 — MI Code / Chapter 141 / Act Act-284-of-1964 / Section 141.624
Partial business activity in city; business allocation percentage.
Status: in_force

Sec. 24.

Fourth, the taxpayer shall add the percentages determined in accordance with sections 21, 22 and 23 and divide the total by 3 and the result so obtained is the business allocation percentage. In determining this percentage, a factor shall be excluded from the computation only when the factor does not exist anywhere insofar as the taxpayer's business operation is concerned and, in such case, the total of the percentages shall be divided by the number of factors actually used. The business allocation percentage shall be applied to the entire net profits, wherever derived, of the taxpayer subject to the tax to determine the net profits allocable to the city.

History: 1964, Act 284, Imd. Eff. June 12, 1964; Am. 1969, Act 42, Imd. Eff. July 17, 1969
Mich. Comp. Laws § 333.17904 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17904
Rules.
Status: in_force

Sec. 17904.

(1) The department shall promulgate rules establishing the minimum standards for licensure as an athletic trainer under this part for purposes of section 17905(1) and the minimum standards of care for the practice of athletic training.

(2) In promulgating the rules required under this section, the department may consult the professional standards issued by the National Athletic Trainer's Association, by the National Athletic Trainer's Association Board of Certification, or by another nationally recognized professional association. The department may incorporate by reference, in whole or in part, existing standards in the rules.

(3) As needed, the department may amend or supplement any standards described in this section by rule.

History: Add. 2006, Act 54, Eff. Dec. 1, 2006; Am. 2020, Act 19, Imd. Eff. Jan. 27, 2020
Mich. Comp. Laws § 280.268 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.268
Perpetual injunction not allowed for informalities; plaintiff may show injury.
Status: in_force

Sec. 268.

The collection of no tax levied or ordered to be levied for the payment of the location or construction of any drain laid out under this act shall be perpetually enjoined or declared absolutely void in consequence of any error or informality of any officer in the location and establishment thereof, nor by reason of any error or informality appearing in the record of the proceedings by which any such drain shall have been located and established, nor on account of any irregularity or informality in the condemnation of right of way, nor for want of any record thereof; but the court in which any action may be brought to recover any tax or assessment paid, or to declare void the proceedings to locate and establish any drain, or to enjoin any tax or assessment levied or ordered to be levied for the payment of the labor and expense thereof, shall, if there be manifest error in the proceedings, allow the plaintiff in action to show that he has been injured thereby.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
Mich. Comp. Laws § 322.179 — MI Code / Chapter 322 / Act Act-140-of-1863 / Section 322.179
College lands; examination by board of agriculture; agents, appointment, report, contents; price alteration, effective date, publication.
Status: in_force

Sec. 9.

The state board of agriculture shall from time to time, in their discretion as they may deem necessary to protect the best interests of the state, cause the lands under their care to be examined and their value and condition ascertained. To this end they may appoint 1 or more agents who shall make careful, personal examination of the lands which they are appointed to examine and report fully as to their character, value and condition at the time of such examination and in case any of said lands have been trespassed upon and their value deteriorated thereby, the agent examining such lands shall carefully estimate and report the amount and character of timber probably cut and removed, the date of the cutting and if possible, by whom or for whom the cutting was done. Upon receiving such reports of examination, the state board of agriculture shall consider them and if in the opinion of the board the best interests of the state would be promoted by changing the price or terms of sale of any or of all the lands concerned, the said board may alter by reducing or advancing the price per acre or the conditions of payment: Provided, That not less than 25 per cent of the purchase money shall be paid at the time of purchase. And when [the] price and terms are so fixed the said board shall fix the time when the change, if any be made will take effect, and cause the same to be published.

History: 1863, Act 140, Imd. Eff. Mar. 18, 1863; CL 1871, 3935; How. 5376; Am. 1893, Act 189, Imd. Eff. June 1, 1893; CL 1897, 1442; CL 1915, 656; CL 1929, 5820; CL 1948, 322.179
Mich. Comp. Laws § 380.855 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.855
Canvass of petitions; purpose; determining validity of signatures.
Status: in_force

Sec. 855.

The school district filing official shall canvass the petitions to determine the number of school electors who have signed them. For the purpose of determining the validity of doubtful signatures, the school district filing official may have the signatures checked against the registration records by the clerk of a political subdivision in which petitions were circulated or may use other methods to determine the validity of doubtful signatures.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977; Am. 2003, Act 299, Eff. Jan. 1, 2005
Mich. Comp. Laws § 287.283 — MI Code / Chapter 287 / Act Act-339-of-1919 / Section 287.283
Payment for amount of loss or damage; costs; investigation.
Status: in_force

Sec. 23.

When the county board of commissioners of the county receives a report of the township supervisor or other person designated by the township board pursuant to section 21, if it appears from the report that a certain amount of damage has been sustained by the claimant, the county board of commissioners shall immediately draw their order on the treasurer of the county in favor of the claimant for the amount of loss or damage which the claimant has sustained, together with all necessary and proper costs incurred. If the claim filed with the board appears from the report filed to be illegal or unjust, the board may make an investigation of the case and make its award accordingly.

An amount awarded pursuant to this section shall be paid by the county out of its general fund. A payment shall not be made for any item which has already been paid by the owner of the dog or dogs doing the injury. If a payment is made by the county for any livestock or poultry bitten by a dog or dogs, the payment shall not exceed the amount allowed by the county board of commissioners.

History: 1919, Act 339, Eff. Aug. 14, 1919; Am. 1925, Act 31, Eff. Aug. 27, 1925; Am. 1927, Act 52, Eff. Sept. 5, 1927; Am. 1929, Act 131, Eff. Aug. 28, 1929; CL 1929, 5267; Am. 1931, Act 286, Eff. Sept. 18, 1931; Am. 1945, Act 233, Eff. Sept. 6, 1945; CL 1948, 287.283; Am. 1980, Act 223, Imd. Eff. July 18, 1980
Mich. Comp. Laws § 488.4 — MI Code / Chapter 488 / Act Act-322-of-1978 / Section 488.4
Definitions; F to M.
Status: in_force

Sec. 4.

“Financial institution” means a bank, savings and loan association, consumer finance company, credit union, and includes a corporation wholly owned by a financial institution or by a holding company parent of any financial institution.

“Funds transfer facility” means an electronic funds transfer terminal or a funds transmission facility.

“Funds transmission facility” means all devices and equipment, regardless of where located, which are interconnected with an electronic funds transfer terminal and while they are being used to transmit electronic impulses to enable the terminal to perform deposit account functions.

“Merchant” means a person primarily engaged in the retail sale of goods or services.

History: 1978, Act 322, Eff. Jan. 1, 1979