FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 123.1163 — MI Code / Chapter 123 / Act Act-49-of-2008 / Section 123.1163
Definitions.
Status: in_force

Sec. 3.

As used in this act:

(a) "Accredited zoological institution" means an institution located in this state that is accredited by the association of zoos and aquariums.

(b) "Articles" means the articles of incorporation of an authority.

(c) "Authority" means a zoological authority established under section 5.

(d) "Board" means the board of directors of the authority.

(e) "Electors of the authority" means the qualified and registered electors of the county.

(f) "Zoological services" means the operation of an accredited zoological institution that is open to the general public.

History: 2008, Act 49, Imd. Eff. Mar. 27, 2008
Mich. Comp. Laws § 500.7076 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.7076
Violation of cease and desist order; notice; hearing; civil fine; suspension or revocation of certificate of authority.
Status: in_force

Sec. 7076.

If a MEWA violates a cease and desist order under this chapter and has been given notice and an opportunity for a hearing, the commissioner may order a civil fine of not more than $10,000.00 for each violation, or a suspension or revocation of the MEWA's certificate of authority, or both the fine and suspension or revocation.

History: Add. 1986, Act 121, Eff. July 1, 1986
Mich. Comp. Laws § 120.3 — MI Code / Chapter 120 / Act Act-234-of-1925 / Section 120.3
Insufficient petitions; certification of sufficiency; submission of proposition at election.
Status: in_force

Sec. 3.

If such petition be found to be insufficient, it shall be returned to the person or persons filing the same, who may, within 10 days thereafter, amend or add names thereto, when the same shall be returned to the county clerk who shall have an additional 15 days to examine the same and attach his certificate thereto. No person having signed such petition shall be allowed to withdraw his name therefrom after the filing of the same with the county clerk. Whenever such petition shall be certified to as sufficient, the county clerk shall forthwith transmit the same, together with his certificate of sufficiency attached thereto, to the board of county supervisors, who shall submit such proposition at the next general election, or the board of county supervisors may at their first meeting after the date of such certificate, by resolution call a special election to be held not less than 30 days nor more than 60 days from the date of such certificate.

History: 1925, Act 234, Eff. Aug. 27, 1925; CL 1929, 2292; Am. 1933, Act 67, Imd. Eff. May 1, 1933; CL 1948, 120.3
Mich. Comp. Laws § 333.20109 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.20109
Definitions; N to S.
Status: in_force

Sec. 20109.

(1) "Nursing home" means a nursing care facility, including a county medical care facility, that provides organized nursing care and medical treatment to 7 or more unrelated individuals suffering or recovering from illness, injury, or infirmity. As used in this subsection, "medical treatment" includes treatment by an employee or independent contractor of the nursing home who is an individual licensed or otherwise authorized to engage in a health profession under part 170 or 175. Nursing home does not include any of the following:

(a) A unit in a state correctional facility.

(b) A hospital.

(c) A veterans facility created under 1885 PA 152, MCL 36.1 to 36.12.

(d) A hospice residence that is licensed under this article.

(e) A hospice that is certified under 42 CFR 418.100.

(2) "Person" means that term as defined in section 1106 or a governmental entity.

(3) "Public member" means a member of the general public who is not a provider; who does not have an ownership interest in or contractual relationship with a nursing home other than a resident contract; who does not have a contractual relationship with a person who does substantial business with a nursing home; and who is not the spouse, parent, sibling, or child of an individual who has an ownership interest in or contractual relationship with a nursing home, other than a resident contract.

(4) "Skilled nursing facility" means a hospital long-term care unit, nursing home, county medical care facility, or other nursing care facility, or a distinct part thereof, certified by the department to provide skilled nursing care.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1978, Act 493, Eff. Mar. 30, 1979; Am. 1991, Act 39, Imd. Eff. June 11, 1991; Am. 1996, Act 224, Eff. June 12, 1996; Am. 2015, Act 156, Eff. Jan. 18, 2016
Mich. Comp. Laws § 324.47344 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.47344
Thunder Bay.
Status: in_force

Sec. 47344.

A person shall not catch or take fish of any kind with a net or other device of any kind, except hook and line and spear as permitted by law, from that part of Thunder Bay in Lake Huron, lying inside, or south and west of a straight line extending from the mouth of Thunder Bay river to the center of Surplur Island; thence south and east to the north and south line between sections 20 and 21 in township 29 north, of range 9 east, in the state of Michigan, where said line intersects the waters of the said lake, excepting therefrom that part of said Thunder Bay in front of sections 2, 11 and 12 in township 29 north, of range 8 east, and sections 34 and 35 in township 30 north, of range 8 east. However, no net or other device of any kind, except hook and line and spear as permitted by law, shall be used by any person to take or catch fish in that part of the waters of said Thunder Bay within 1/2 mile of the mouth in any direction of any stream that discharges its waters into that portion of said Thunder Bay.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 324.76105 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.76105
Permit for exploration or excavation of aboriginal remain; exception.
Status: in_force

Sec. 76105.

A person, either personally or through an agent or employee, shall not explore or excavate an aboriginal remain covered by this part upon lands owned by the state, except as authorized by a permit issued by the department, with written approval of the department of history, arts, and libraries, pursuant to part 13. A permit shall be issued without charge.

Subsection (1) does not apply to the Mackinac Island state park commission on lands owned or controlled by the Mackinac Island state park commission.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995; Am. 2001, Act 75, Imd. Eff. July 24, 2001; Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004
Mich. Comp. Laws § 390.1306 — MI Code / Chapter 390 / Act Act-228-of-1976 / Section 390.1306
Discrimination prohibited.
Status: in_force

Sec. 6.

The scholarships shall be awarded by the authority on the basis of merit and without regard to race, religion, sex, color, or national origin.

History: 1976, Act 228, Imd. Eff. Aug. 4, 1976
Mich. Comp. Laws § 440.9610 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.9610
Disposition of collateral after default.
Status: in_force

Sec. 9610.

After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.

Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by 1 or more contracts, as a unit or in parcels, and at any time and place and on any terms.

A secured party may purchase collateral either at a public disposition, or at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.

A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.

A secured party may disclaim or modify warranties under subsection (4) either in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition, or by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.

A record is sufficient to disclaim warranties under subsection (5) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import.

History: Add. 2000, Act 348, Eff. July 1, 2001
Mich. Comp. Laws § 206.24 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.24
"Tax year" or "taxable year" defined.
Status: in_force

Sec. 24.

"Tax year" or "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which taxable income is computed under this part. In the case of a return made for a fractional part of a year, the term shall mean the period for which such return is made. Except for the first return required by this part, any taxpayer's tax year shall be for the same period as is covered by his federal income tax return.

History: 1967, Act 281, Eff. Oct. 1, 1967; Am. 2011, Act 38, Eff. Jan. 1, 2012
Mich. Comp. Laws § 450.2442 — MI Code / Chapter 450 / Act Act-162-of-1982 / Section 450.2442
Voting as class.
Status: in_force

Sec. 442.

(1) The articles of incorporation or bylaws may provide that a class of shares or members shall vote as a class to authorize any action, including amendment to the articles of incorporation. A vote as a class under this section is in addition to any other vote required under this act. If voting as a class is provided in the articles of incorporation or bylaws, it shall be by the proportionate vote provided in the articles of incorporation or bylaws or, if a proportionate vote is not so provided, then for any action other than the election of directors, by a majority of the votes cast by the holders of shares or members of the class entitled to vote on the action.

(2) If voting as a class is required under this act to authorize an action, the action is authorized if it receives the affirmative vote of a majority of the votes cast by the shareholders or members of each class entitled to vote on that action, unless a higher vote is required in the articles of incorporation or under another section of this act. A vote as a class under this subsection is in addition to any other vote required under this act.

(3) Unless otherwise provided in the articles of incorporation, abstaining from a vote or submitting a ballot marked "abstain" with respect to an action that requires authorization by a class of shareholders or members is not a vote cast on that action.

History: 1982, Act 162, Eff. Jan. 1, 1983; Am. 2014, Act 557, Imd. Eff. Jan. 15, 2015
Mich. Comp. Laws § 730.265 — MI Code / Chapter 730 / Act Act-288-of-1929 / Section 730.265
Trial of jury cases; discharge of jurors.
Status: in_force

Sec. 15.

At each jury term all jury cases set for trial at said term shall be tried in the order in which they become at issue unless for good cause shown a continuance shall be granted until the next term of court or until a subsequent date during the same term. The jurors impaneled for such term shall be discharged from further attendance as jurors when all cases ready for trial shall have been disposed of, and all cases not ready for trial shall stand adjourned until the next succeeding jury term of court unless otherwise disposed of.

History: 1929, Act 288, Eff. Aug. 28, 1929; CL 1929, 16511; CL 1948, 730.265
Mich. Comp. Laws § 440.5118 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.5118
Document presented under letter of credit; security interest of issuer or nominated person.
Status: in_force

Sec. 5118.

An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.

So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (1), the security interest continues and is subject to article 9, but all of the following apply:

A security agreement is not necessary to make the security interest enforceable under section 9203(2)(c).

If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected.

If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.

History: Add. 2000, Act 348, Eff. July 1, 2001
Mich. Comp. Laws § 141.623 — MI Code / Chapter 141 / Act Act-284-of-1964 / Section 141.623
Partial business activity in city; percentage of gross revenue.
Status: in_force

Sec. 23.

Third, the taxpayer shall ascertain the percentage which the gross revenue of the taxpayer derived from sales made and services rendered in the city is of the total gross revenue from sales and services wherever made or rendered during the period covered by the return.

For the purposes of this section, "sales made in the city" means all sales where the goods, merchandise or property is received in the city by the purchaser, or a person or firm designated by him. In the case of delivery of goods in the city to a common or private carrier or by other means of transportation, the place at which the delivery has been completed is considered as the place at which the goods are received by the purchaser.

The following examples are not all inclusive but may serve as a guide for determining sales made in the city:

Sales to a customer in the city with shipments to a destination within the city from a location in the city or an out-of-city location are considered sales made in the city.

Sales to a customer in the city with shipments to a destination within the city directly from the taxpayer's in-city supplier or out-of-city supplier are considered sales made in the city.

Sales to a customer in the city with shipments directly to the customer at his regularly maintained and established out-of-city location are considered out-of-city sales.

Sales to an out-of-city customer with shipments or deliveries to the customer's location within the city are considered sales made in the city.

Sales to an out-of-city customer with shipments to an out-of-city destination are considered out-of-city sales.

In the case of public utilities, or businesses furnishing transportation services, "gross revenue" for the purposes of this section may be measured by such means as operating revenues, vehicle miles, revenue miles, passenger miles, ton miles, tonnage, or such other method as shall reasonably measure the proportion of gross revenue obtained in the city by such business.

In case the business of the taxpayer involves substantial business activities other than sales of goods and services such other method or methods of allocation shall be employed as shall reasonably measure the proportion of gross revenue obtained in the city by such business.

History: 1964, Act 284, Imd. Eff. June 12, 1964
Mich. Comp. Laws § 324.6315 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.6315
Certificate of waiver.
Status: in_force

Sec. 6315.

A certificate of waiver shall be issued for a motor vehicle that fails an initial inspection and a subsequent reinspection if the actual cost of maintenance already performed and designed to bring the vehicle into compliance with clean air act standards in accordance with the inspection report is at least $300.00, adjusted in January of each year by the increase or decrease in the Detroit consumer price index rounded to the nearest whole dollar.

The costs covered by vehicle warranty and the costs necessary to repair or replace any emission control equipment that has been removed, dismantled, tampered with, misfueled, or otherwise rendered inoperative shall not be considered in determining eligibility for a certificate of waiver pursuant to subsection (1).

Owners of vehicles subject to a transient IM240 emission test may apply to the department for a certificate of waiver after failing an initial inspection and a subsequent reinspection even though the dollar limit stated in subsection (1) for the cost of maintenance already performed has not been met. The department shall perform a complete, documented physical and functional diagnosis and inspection. If the diagnosis and inspection shows that no additional emission-related repairs are needed or that the vehicle presents prohibitive inspection problems or is inappropriate for inspection, the department may issue a certificate of waiver.

Issuance of a certificate of waiver shall be conditioned upon meeting the criteria established by regulations promulgated by the United States environmental protection agency in 40 C.F.R. 51.360.

A temporary certificate of waiver, valid for not more than 15 days, may be issued to a motor vehicle to allow time for necessary maintenance and reinspection. A temporary certificate of waiver may be issued not more than twice for the same motor vehicle.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 123.370 — MI Code / Chapter 123 / Act Act-266-of-1951 / Section 123.370
Retirement of outstanding bonds; new bonds, issuance, refunding bonds, premium; sale, exchange of refunding bonds, surrender and cancellation.
Status: in_force

Sec. 10.

Where a borrower has outstanding any bonds issued under the provisions of this act, it may thereafter issue and negotiate new bonds under this act for the purpose of providing for the retirement of such outstanding bonds, in whole or in part. Such new bonds may only be issued in accordance with and subject to the statutory provisions governing the issuance of the bonds so refunded, and except as in the refunding ordinance otherwise provided shall be secured to the same extent and shall have the same source of payment as the bonds which have been thereby refunded. Such refunding bonds may be issued to include the amount of any premium to be paid upon the calling of the bonds to be refunded, or if such bonds are not callable, any premium necessary to be paid in order to secure the surrender of the bonds to be refunded: Provided, That the amount of premium so included shall not in either case exceed 5 per centum of the principal amount of the bonds to be refunded. Nothing in this section shall be construed as providing for the refunding of noncallable unmatured bonds without the consent of the holder or holders thereof. Any such refunding bonds may be sold or may be exchanged for the obligations to be refunded thereby, and if sold, the proceeds shall be deposited in a bank or trust company in a special trust account to be used only for the redemption or purchase of such outstanding bonds. Where refunding bonds are to be issued and sold for the purpose of refunding unmatured noncallable bonds, the latter must be surrendered and cancelled at the time of the delivery to the purchaser of such refunding bonds.

History: 1951, Act 266, Eff. Sept. 28, 1951
Mich. Comp. Laws § 438.31 — MI Code / Chapter 438 / Act Act-326-of-1966 / Section 438.31
Legal interest rate; scope; limitation; construction; foreign obligations.
Status: in_force

Sec. 1.

The interest of money shall be at the rate of $5.00 upon $100.00 for a year, and at the same rate for a greater or less sum, and for a longer or shorter time, except that in all cases it shall be lawful for the parties to stipulate in writing for the payment of any rate of interest, not exceeding 7% per annum. This act shall not apply to the rate of interest on any note, bond or other evidence of indebtedness issued by any corporation, association or person, the issue and rate of interest of which have been expressly authorized by the public service commission or the securities bureau of the department of commerce, or is regulated by any other law of this state, or of the United States, nor shall it apply to any time price differential which may be charged upon sales of goods or services on credit. This act shall not be construed to repeal section 78 of Act No. 327 of the Public Acts of 1931, as amended, being section 450.78 of the Compiled Laws of 1948. This act shall not render unlawful, the purchase of any note, bond or other evidence of indebtedness theretofore issued by any borrower not then domiciled in this state, which bear any rate of interest which is lawful under the law of the domicile of the borrower at the date of issue thereof, and in such case any such rate of interest may be charged and received by any person, firm, corporation or association in this state.

History: 1966, Act 326, Eff. Mar. 10, 1967; Am. 1970, Act 227, Imd. Eff. Nov. 25, 1970
Mich. Comp. Laws § 338.843 — MI Code / Chapter 338 / Act Act-285-of-1965 / Section 338.843
Trade names; approval by department.
Status: in_force

Sec. 23.

A licensee shall not use any designation or trade name which has not been first approved by the department and shall not use any designation or trade name that implies any association with any municipal, county, township, or state government or the federal government, or any agency thereof.

History: 1965, Act 285, Imd. Eff. July 22, 1965; Am. 2002, Act 474, Eff. Oct. 1, 2002
Mich. Comp. Laws § 333.2899 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2899
Reporting violation; statement; initiation of proceedings.
Status: in_force

Sec. 2899.

The state registrar may report a violation of this part or the rules promulgated pursuant to this part to the attorney general. A statement of the facts and circumstances of the violation shall be submitted with the report. Upon receipt of the report, the attorney general, either directly or through the prosecuting attorney of the county in which the violation occurred, may initiate appropriate proceedings against the person committing and responsible for the alleged violation.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 38.1059 — MI Code / Chapter 38 / Act Act-261-of-1957 / Section 38.1059
Payment of benefits; commencement.
Status: in_force

Sec. 59.

No payments of benefits shall be made until on or after the first day of January, 1959.

History: 1957, Act 261, Eff. Sept. 27, 1957