FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 247.463 — MI Code / Chapter 247 / Act Act-59-of-1915 / Section 247.463
Estimates and certificates of completed work; payments on contracts, prerequisites, portion withheld.
Status: in_force

Sec. 63.

As the work of improvement progresses, the county road commissioners, or the state highway commissioner, shall cause written estimates to be made, and certificates of work done and materials furnished, according to specifications, and of the value of the work accomplished by the several contractors. These estimates and certificates shall be made and signed by a competent engineer. At the request of any contractor doing work, such estimate shall be made at least once in each month. The county road commissioners, or the state highway commissioner, shall make no payment on any contract without such written estimates and certificates that the work is done according to specifications where the total contract price shall be 500 dollars or over. Before the final completion of the work and its final acceptance, they shall not pay more than 80 per cent of the amount of such estimates and certificates: Provided, That upon satisfactory showing of the paying of outstanding indebtedness as hereinafter provided the amount retained on such estimates may be proportionately reduced in the discretion of the state highway commissioner or the board of county road commissioners as the work progresses. Before payment is made on any estimate or certificate aforesaid, the contractor shall file an affidavit showing, either that all labor and material so far used in the improvement has been paid for by him, or an itemized statement giving the several amounts and names of persons to whom anything is owing for labor and material used in the particular improvement contracted for by him, or he shall file releases from all persons unpaid for either labor or material used in such improvement. In case it appears from such affidavits that any labor or material is not paid for, the county road commissioners, or the state highway commissioner, shall deduct from any payment to be made by them such indebtedness for material and labor. The county road commissioners, or the state highway commissioner, out of money so retained by them, may pay any such indebtedness; and they shall pay such indebtedness out of such money on the request of any contractor. They shall not be obliged to pay on the request of a creditor until such creditor shall have put his claim into final judgment.

History: 1915, Act 59, Eff. Aug. 24, 1915; CL 1915, 4733; Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917; Am. 1921, Act 22, Imd. Eff. Mar. 31, 1921; CL 1929, 4378; CL 1948, 247.463
Mich. Comp. Laws § 771A.6 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 771A.6
Programming requirements; consultation; eligibility of individual; exceptions.
Status: in_force

Sec. 6.

(1) The state court administrative office may, under the supervision of the supreme court, consult with the department of corrections to establish programming requirements under this chapter.

(2) An individual is eligible for the swift and sure probation supervision program if he or she receives a risk score of other than low on a validated risk assessment.

(3) A defendant who is charged with a crime under 1 or more of the following is not eligible under this chapter:

(a) Section 316, 317, 520b, 520d, 529, or 544 of the Michigan penal code, 1931 PA 328, MCL 750.316, 750.317, 750.520b, 750.520d, 750.529, and 750.544.

(b) A major controlled substance offense as that term is defined in section 2 of chapter I, except for a violation of section 7403(2)(a)( v ) of the public health code, 1978 PA 368, MCL 333.7403.

History: Add. 2012, Act 616, Imd. Eff. Jan. 9, 2013; Am. 2017, Act 17, Eff. June 29, 2017
Mich. Comp. Laws § 289.2117 — MI Code / Chapter 289 / Act Act-92-of-2000 / Section 289.2117
Annual report; dissemination of information.
Status: in_force

Sec. 2117.

The department shall submit to the governor and the legislature an annual report summarizing all judgments, decrees, and court orders, which have been rendered by the department under this act, including the nature of the charge and the disposition thereof. The department may disseminate information regarding food as it considers necessary to protect the health of the consumer and the protection of the consumer against fraud. This section does not prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.

History: 2000, Act 92, Eff. Nov. 8, 2000
Mich. Comp. Laws § 388.1903a — MI Code / Chapter 388 / Act Act-258-of-2000 / Section 388.1903a
Readiness assessments; duties of superintendent of public instruction; determination of qualifying scores; costs.
Status: in_force

Sec. 3a.

(1) Not later than July 1, 2005, the superintendent of public instruction shall do both of the following:

(a) Approve 1 or more readiness assessments that may be used for the purposes of determining eligible students beginning with participation in the 2006-2007 school year. Readiness assessments shall be aligned with state learning standards and shall provide high school students with an early indication of proficiency in the subject areas of English, mathematics, reading, social studies, and science and contain a comprehensive career planning program.

(b) Determine qualifying scores for each subject area component of a readiness assessment and for a nationally or industry recognized job skills assessment test that indicate readiness to enroll in a course under this act.

(2) Not later than July 1, 2006, the superintendent of public instruction shall determine qualifying scores for each subject area component of the Michigan merit examination that indicate readiness to enroll in a course under this act.

(3) Unless the school district or state approved nonpublic school in which the student is enrolled elects to pay these costs, a student who takes a readiness assessment or a job skills assessment test for the purposes of this act is responsible for paying all costs for taking and obtaining qualifying scores on a readiness assessment or a job skills assessment test for the purposes of this act. This state is not responsible for any of these costs.

History: Add. 2004, Act 592, Imd. Eff. Jan. 5, 2005; Am. 2012, Act 133, Eff. July 1, 2012
Mich. Comp. Laws § 259.208 — MI Code / Chapter 259 / Act Act-327-of-1945 / Section 259.208
Aeronautics code of the state of Michigan; short title.
Status: in_force

Sec. 208.

This act shall be known and may be cited as "Aeronautics code of the state of Michigan."

History: 1945, Act 327, Imd. Eff. May 28, 1945; CL 1948, 259.208
Mich. Comp. Laws § 333.9221 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.9221
Enforcement; cooperation.
Status: in_force

Sec. 9221.

The departments of education and social services shall cooperate with the department in the administration and enforcement of this part.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 280.326 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.326
Construction report; restriction on county road commission.
Status: in_force

Sec. 326.

On the completion by the county road commission of any drain constructed under the provisions of this act, it shall be the duty of said county road commission to file in the office of the drain commissioner a detailed report of the construction of such drain, giving the date of construction, the termini and general course thereof, together with a copy of the deed by which the right of way therefor was secured. Nothing in the provisions of the preceding sections shall be construed as giving to the county road commission power to lay out and construct drains having any other purpose than the drainage of highways.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
Mich. Comp. Laws § 400.59g — MI Code / Chapter 400 / Act Act-280-of-1939 / Section 400.59g
Joint plan for economic rehabilitation of aid recipient; disagreement, appeal to director.
Status: in_force

Sec. 59g.

If the 2 counties concerned find themselves unable to agree on a joint plan, either may appeal to the director of the state department to make a determination of which plan is most in the public interest in the case. The director shall have the same power and shall proceed to act on such appeals in the same manner as on appeals under sections 59c, 59d and 59e of this act.

If the plan so determined provides that the person shall continue to live in the county granting relief, the relief shall be granted at the expense of that county.

History: Add. 1957, Act 292, Eff. Sept. 27, 1957; Am. 1961, Act 184, Eff. Sept. 8, 1961
Mich. Comp. Laws § 324.1701 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.1701
Actions for declaratory and equitable relief for environmental protection; parties; standards; judicial action.
Status: in_force

Sec. 1701.

The attorney general or any person may maintain an action in the circuit court having jurisdiction where the alleged violation occurred or is likely to occur for declaratory and equitable relief against any person for the protection of the air, water, and other natural resources and the public trust in these resources from pollution, impairment, or destruction.

In granting relief provided by subsection (1), if there is a standard for pollution or for an antipollution device or procedure, fixed by rule or otherwise, by the state or an instrumentality, agency, or political subdivision of the state, the court may:

Determine the validity, applicability, and reasonableness of the standard.

If a court finds a standard to be deficient, direct the adoption of a standard approved and specified by the court.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 54.252 — MI Code / Chapter 54 / Act Act-196-of-1941 / Section 54.252
Referendum on adoption of act; ballot, form.
Status: in_force

Sec. 2.

The provisions of this act shall not become operative in any county of the state to which it may apply unless and until it is submitted to a vote of the qualified electors voting thereon at the next general election after the passage of this act or after any such county shall reach a population of 500,000 or over. Like notice of the submission of the adoption of the provisions of this act shall be given as is required by law in the case of elections to elect county officers, and such question shall be submitted in substantially the following form:

"Shall the provisions of Act No. (here insert number of this act) of the Local Acts of 1941, providing for the abolishing of the office of county surveyor in counties having a population of 500,000 or over, be adopted by this county?

Yes ( )

No ( )."

If a majority of the electors voting on such proposition in any such county, as determined by the canvass of votes cast, shall vote in favor thereof, from and after such determination, the provisions of this act shall be in force, and the office of county surveyor in such county shall be abolished.

History: 1941, Act 196, Eff. Jan. 10, 1942; CL 1948, 54.252
Mich. Comp. Laws § 440.2711 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2711
Nondelivery, repudiation, rejection, or revocation of acceptance; buyer's remedies; security interest in goods.
Status: in_force

Sec. 2711.

Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (section 2612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid

"cover" and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or

recover damages for nondelivery as provided in this article (section 2713).

Where the seller fails to deliver or repudiates the buyer may also

if the goods have been identified recover them as provided in this article (section 2502); or

in a proper case obtain specific performance or replevy or recover the goods as provided in this article (section 2716).

On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (section 2706).

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 324.31515 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.31515
Approval of plans and specifications; completion of permitted activity; time; extension; approval of changes; duration and renewal of permit; terms and conditions; mitigating measures; recommendations; performance bond; suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of permit; hearings.
Status: in_force

Sec. 31515.

Except as otherwise provided in this section, a permit issued by the department under this part shall require that plans and specifications be approved by the department before construction begins. The department shall approve or reject complete plans and specifications within 60 days after their receipt. The permitted activity shall be completed within a specified time not to exceed 2 years after the date of issuance of the permit. Upon the written application of the permittee, and for good cause shown, the department may extend the time for completing construction. The permittee shall notify the department at least 10 days before beginning construction and shall otherwise notify the department as the department may require.

A change in approved plans and specifications shall not be implemented unless the department gives its prior approval. The department shall approve or reject changes in plans and specifications within 30 days after the request for the changes.

A permit is effective for the length of time specified in the permit unless it is revoked pursuant to this part. The department may renew a permit.

A permit to alter, repair, or construct a new dam, reconstruct a failed dam, or enlarge the surface area of an impoundment by more than 10% may specify the terms and conditions including, but not limited to, requirements for minimum flows, cold water release, impoundment fluctuations, portage, contingency plans, and conditions under which the work is to be performed. The terms and conditions of a permit shall be effective for the life of the project. The department may consider, in issuing a permit, any mitigating measures in conjunction with the permitted activities and may make recommendations as to fish passage that may be required by part 483.

A permit to construct a new dam or reconstruct a failed dam may require a performance bond to assure completion of the project or to provide for complete or partial restoration of the project site, as determined by the department in rules promulgated by the department.

A permit may be suspended, revoked, annulled, withdrawn, recalled, canceled, or amended after a hearing for a violation of any of its provisions, a violation of this part, a violation of a rule promulgated under this part, or any misrepresentation contained in the application. Hearings shall be conducted by the department in accordance with the provisions for contested cases in the administrative procedures act of 1969.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 43.58 — MI Code / Chapter 43 / Act Act-34-of-1978 / Section 43.58
Payment of amount required under MCL 43.53 or MCL 43.55; time; amount as lien on property; report; spreading amount on assessment roll; collection; payment to property owner.
Status: in_force

Sec. 8.

The amount of the payment required by a property owner or tenant under section 3 or 5 shall be made on or before the first day of the next succeeding October. In the event of neglect or refusal to pay the sum due, the amount shall become a lien on the property. The fence viewer shall report to the supervisor of the township or to the assessing officer of a city or village not later than the first day of November. The supervisor or assessing officer shall then cause the amount to be spread upon the assessment roll, in a separate column for that purpose, opposite a description of the land owned by the property owner who refuses or neglects to pay the amount. The amount shall be collected in the same manner that other taxes are collected.

The amount collected shall be paid to the property owner to which the amount is due within 30 days after the collection.

History: 1978, Act 34, Eff. Oct. 1, 1978
Mich. Comp. Laws § 487.2060d — MI Code / Chapter 487 / Act Act-161-of-1988 / Section 487.2060d
Summary suspension; order; hearing; record.
Status: in_force

Sec. 10d.

After a complaint is filed or, as applicable, an investigation or administrative action against a licensee is commenced under section 10, the commissioner may issue an order summarily suspending the license under section 92 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.292, supported by an affidavit from a person familiar with the facts set forth in the affidavit or, if appropriate, based upon an affidavit on information that an imminent threat of financial loss or imminent threat to the public welfare exists. The order to summarily suspend a license shall be served upon the licensee.

A licensee upon which an order to summarily suspend its license has been served shall have 20 days after the date of the order by which to file with the commissioner a request for a hearing.

A hearing shall be held promptly upon receipt of a request for a hearing filed by a licensee under subsection (2).

A summary suspension of a license shall continue until the commissioner finds that the imminent threat of financial loss or imminent threat to the public welfare no longer exists.

The record created at the hearing on the summary suspension shall become part of the record on the complaint at a subsequent hearing in a contested case.

History: Add. 1999, Act 275, Imd. Eff. Jan. 5, 2000
Mich. Comp. Laws § 15.272 — MI Code / Chapter 15 / Act Act-267-of-1976 / Section 15.272
Violation as misdemeanor; penalty.
Status: in_force

Sec. 12.

A public official who intentionally violates this act is guilty of a misdemeanor punishable by a fine of not more than $1,000.00.

A public official who is convicted of intentionally violating a provision of this act for a second time within the same term shall be guilty of a misdemeanor and shall be fined not more than $2,000.00, or imprisoned for not more than 1 year, or both.

History: 1976, Act 267, Eff. Mar. 31, 1977
Mich. Comp. Laws § 333.18707 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.18707
Practice of respiratory care; license required.
Status: in_force

Sec. 18707.

An individual shall not engage in the practice of respiratory care or provide or offer to provide respiratory care services unless licensed under this part.

Subsection (1) does not prevent any of the following:

An individual licensed under any other part or act from performing activities that are considered respiratory care services if those activities are within the individual's scope of practice and if the individual does not use the titles protected under section 18703.

An individual not licensed under this part from performing activities that are considered respiratory care services while under the supervision of an individual who is licensed under this part as a respiratory therapist or respiratory care practitioner, if the individual does not use the titles protected under section 18703.

An individual not licensed under this part from performing activities that are considered diagnostic services if the individual possesses a level of training approved by the board, has successfully passed a credentialing examination approved by the board, and if the individual does not use the titles protected under section 18703.

The practice of respiratory care which is an integral part of a program of study by students enrolled in an accredited respiratory therapist educational program approved by the board, provided that they are identified as a student and provide respiratory care services only while under the supervision of a licensed respiratory therapist or respiratory care practitioner.

Self-care by a patient or uncompensated care by a friend or family member who does not represent or hold himself or herself out to be a licensed respiratory therapist or respiratory care practitioner.

History: Add. 2004, Act 3, Eff. July 1, 2004
Mich. Comp. Laws § 333.2842 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2842
Death registration; death occurring in moving conveyance.
Status: in_force

Sec. 2842.

When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death registration shall show this fact and be completed and filed in accordance with this part. The place where the body is first removed from the conveyance, shall be shown as the place of death.

When death occurs in a moving conveyance while in international waters or air space or a foreign country and the body is first removed from the conveyance in this state, the death shall be registered in this state in accordance with this part, but the certificate shall show the actual place of death insofar as the place can be determined.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 37.278 — MI Code / Chapter 37 / Act Act-478-of-2012 / Section 37.278
Violation of provisions of act as misdemeanor; civil action; injunction; damages; written demand and documentation; jurisdiction; affirmative defense.
Status: in_force

Sec. 8.

(1) A person who violates section 3 or 4 is guilty of a misdemeanor punishable by a fine of not more than $1,000.00.

(2) An individual who is the subject of a violation of this act may bring a civil action to enjoin a violation of section 3 or 4 and may recover not more than $1,000.00 in damages plus reasonable attorney fees and court costs. Not later than 60 days before filing a civil action for damages or 60 days before adding a claim for damages to an action seeking injunctive relief, the individual shall make a written demand of the alleged violator for not more than $1,000.00. The written demand shall include reasonable documentation of the violation. The written demand and documentation shall either be served in the manner provided by law for service of process in civil actions or mailed by certified mail with sufficient postage affixed and addressed to the alleged violator at his or her residence, principal office, or place of business. An action under this subsection may be brought in the district court for the county where the alleged violation occurred or for the county where the person against whom the civil complaint is filed resides or has his or her principal place of business.

(3) It is an affirmative defense to an action under this act that the employer or educational institution acted to comply with requirements of a federal law or a law of this state.

History: 2012, Act 478, Imd. Eff. Dec. 28, 2012
Mich. Comp. Laws § 33.29 — MI Code / Chapter 33 / Act Act-184-of-1893 / Section 33.29
United States navy officer; assignment to naval brigade; rank and duty.
Status: in_force

Sec. 29.

The commander-in-chief shall have power to assign any officer, warrant or petty officer, or seaman of the United States navy detailed for or assigned to duty with the naval brigade as instructor or otherwise, to such duties as he may deem proper and suitable, and shall have power to confer upon any such officer, warrant or petty officer, or seaman, such rank in the naval service of the state during such detail or assignment as he may deem best.

History: 1893, Act 184, Imd. Eff. May 31, 1893; CL 1897, 1744; CL 1915, 1026; CL 1929, 773; CL 1948, 33.29