FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.11132a — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11132a
Transporter; duties; inspection; establishment of standards and requirements by rule.
Status: in_force

Sec. 11132a.

A transporter shall do all of the following:

Obtain and utilize an environmental protection agency identification number in accordance with the rules promulgated under this part.

If transporting by highway, register and be permitted in accordance with the hazardous materials transportation act and carry a copy of the registration and permit on the vehicle for inspection by the department, the department of state police, a peace officer, or a representative of the United States environmental protection agency.

Comply with the transfer facility operating and financial responsibility requirements as required by the rules promulgated under this part.

Comply with the consolidation and commingling requirements as required by the rules promulgated under this part.

Comply with the vehicle requirements as required by the rules promulgated under this part.

Utilize, complete, and retain a manifest for each shipment of hazardous waste as required by this part and the rules promulgated under this part.

Keep all records readily available for review and inspection by the department, the department of state police, a peace officer, or a representative of the United States environmental protection agency.

Retain all records as required by the rules promulgated under this part for a period of 3 years. The retention period required by this subdivision is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department.

Comply with the reporting requirements as required by the rules promulgated under this part.

Comply with the import and export requirements as required by the rules promulgated under this part.

Comply with the requirements regarding hazardous waste discharges as required by the rules promulgated under this part.

Comply with the land disposal restriction requirements as required by the rules promulgated under this part.

Comply with the universal waste requirements as required by the rules promulgated under this part.

Keep the outside of all vehicles and accessory equipment free of hazardous waste or hazardous waste constituents.

The department may conduct an inspection to verify that the equipment, location, and methods of a transporter are adequate to effectuate service under this part and the rules promulgated under this part. The department shall establish, by rule, the inspection standards and requirements.

History: Add. 1998, Act 139, Eff. Sept. 1, 1998
Mich. Comp. Laws § 324.6316 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.6316
Implementation of continuing education programs; protection of public from fraud and abuse; ensuring proper and accurate emission inspection results; evaluation; compilation of data; report.
Status: in_force

Sec. 6316.

The department, directly or by contract, shall implement continuing education programs to begin 6 months before the commencement of the public inspection program in a county. A continuing education program shall consist of a component designed to educate the general public about the motor vehicle emissions inspection and maintenance program and a component to inform those who will perform maintenance requirements under this part.

The department shall institute procedures and mechanisms to protect the public from fraud and abuse by inspectors, mechanics, and others involved in the inspection and maintenance program. This shall include a challenge mechanism by which a vehicle owner can contest the results of an inspection. It shall include mechanisms for protecting whistleblowers and following up on complaints by the public or others involved in the process. It shall include a program to assist owners in obtaining warranty-covered repairs for eligible vehicles that fail a test.

The department shall evaluate, inspect, and provide quality assurance for the inspection and maintenance program established under this part to ensure proper and accurate emission inspection results. The department shall be responsible for issuance of certificates of waiver and time extensions.

The department shall compile data and undertake studies necessary to evaluate the cost, effectiveness, and benefits of the motor vehicle inspection program. The department shall compile data on failure rate, compliance rate, the number of certificates issued, and other similar matters in accordance with 40 C.F.R. 51.365 and 51.366. The department shall make an annual report on the operation of the motor vehicle inspection program to the standing committees of the legislature that primarily address issues pertaining to public health or protection of the environment by January 1, 1995, and each year thereafter.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 125.919 — MI Code / Chapter 125 / Act Act-250-of-1941 / Section 125.919
Mortgages of corporation; provisions governing.
Status: in_force

Sec. 19.

Mortgages.

Any redevelopment corporation may borrow funds and secure the repayment thereof by mortgage. Every such mortgage shall contain reasonable amortization provisions and shall be a lien upon no other real property except that forming the whole or a part of a single development area.

Certificates, bonds and notes, or part interests therein, or any part of an issue thereof, which are secured by a first mortgage on the real property in a development area, or any part thereof, shall be securities in which all the following persons, partnerships or corporations and public bodies or public officers may legally invest the funds within their control: Provided, That the principal amount secured by such mortgage shall not exceed the limits, if any, imposed by law for such investments by the person, partnership, corporation, public body or public officer making the same:

Every executor, administrator, trustee, guardian, committee or other person or corporation holding trust funds or acting in a fiduciary capacity; the state, its subdivisions, cities, all other public bodies, all public officers; persons, partnerships and corporations organized under or subject to the provisions of the banking law (including savings banks, savings and loan associations, trust companies, private bankers and private banking corporations); the commissioner of the banking department as conservator, liquidator or rehabilitator of any such person, partnership or corporation; persons, partnerships or corporations organized under or subject to the provisions of the insurance law; fraternal benefit societies; and the commissioner of insurance as conservator, liquidator or rehabilitator of any such person, partnership or corporation.

Any mortgage on the real property in a development area, or any part thereof, may create a first lien, or a second or other junior lien, upon such real property.

The limits as to principal amount secured by mortgage referred to in paragraph 2 of this section 19 shall not apply to certificates, bonds and notes, or part interests therein, or any part of an issue thereof, which are secured by first mortgage on real property in a development area, or any part thereof, which the federal housing administrator has insured or has made a commitment to insure under the national housing act. Any such person, partnership, corporation, public body or public officer may receive and hold any debentures, certificates or other instruments issued or delivered by the federal housing administrator, pursuant to the national housing act, in compliance with the contract of insurance of a mortgage on real property in the development area, or any part thereof.

History: 1941, Act 250, Imd. Eff. June 16, 1941; CL 1948, 125.919
Mich. Comp. Laws § 38.63a — MI Code / Chapter 38 / Act Act-240-of-1943 / Section 38.63a
Tier 2 and tax-deferred accounts; terms and conditions.
Status: in_force

Sec. 63a.

Tier 2 and tax-deferred accounts are subject to the following terms and conditions:

(a) On or before April 1, 2012, the retirement system shall design an automatic enrollment feature that provides that unless a qualified participant who makes contributions under section 63(3) or who is described in section 68b(2) elects to contribute a lesser amount, the qualified participant shall contribute the amount required to qualify for all eligible matching contributions under this act. The retirement system shall implement this automatic enrollment feature on or after April 1, 2012, as determined by the retirement system.

(b) In addition to elective employee contributions to Tier 2 or a tax-deferred account, the state may use elective employee contributions to the state 457 deferred compensation plan as a basis for making employer matching contributions to Tier 2 or a tax-deferred account.

(c) Employer matching contributions do not have to be made to the same plan or account to which the elective employee contributions were contributed as the basis for the matching contributions.

(d) Elective employee contributions shall not be used as the basis for more than an equivalent amount of employer matching contributions.

(e) The retirement system shall design and implement a method to determine the proper allocation of employer matching contributions based on elective employee contributions as provided in this section.

History: Add. 2011, Act 264, Imd. Eff. Dec. 15, 2011
Mich. Comp. Laws § 445.1568 — MI Code / Chapter 445 / Act Act-118-of-1981 / Section 445.1568
Acts not constituting good cause for termination, cancellation, nonrenewal, or discontinuance of dealer agreement.
Status: in_force

Sec. 8.

Notwithstanding any agreement, the following alone shall not constitute good cause for the termination, cancellation, nonrenewal, or discontinuance of a dealer agreement under section 7(1)(c):

(a) A change in ownership of the new motor vehicle dealer's dealership. This subdivision does not authorize any change in ownership that would have the effect of a sale or an assignment of the dealer agreement or a change in the principal management of the dealership without the manufacturer's or distributor's prior written consent.

(b) The refusal of the new motor vehicle dealer to purchase or accept delivery of any new motor vehicle parts, accessories, or any other commodity or services not ordered by the new motor vehicle dealer.

(c) The fact that the new motor vehicle dealer owns, has an investment in, participates in the management of, or holds a dealer agreement for the sale of another make or line of new motor vehicles, or that the new motor vehicle dealer has established another make or line of new motor vehicles in the same dealership facilities as those of the manufacturer or distributor, provided that the new motor vehicle dealer maintains a reasonable line of credit for each make or line of new motor vehicles, and that the new motor vehicle dealer remains in substantial compliance with the terms and conditions of the dealer agreement and with the reasonable facilities' requirements of the manufacturer or distributor.

(d) The fact that the new motor vehicle dealer sells or transfers ownership of the dealership or sells or transfers capital stock in the dealership to the new motor vehicle dealer's spouse, son, or daughter. However, a sale or transfer described in this subdivision does not have the effect of a sale or an assignment of the dealer agreement or a change in the principal management of the dealership without the manufacturer's or distributor's prior written consent.

(e) For purposes of this section, the failure of the new motor vehicle dealer to achieve any performance standard or criteria that are unreasonable, inequitable, or discriminatory.

History: 1981, Act 118, Imd. Eff. July 19, 1981; Am. 2018, Act 668, Eff. Mar. 28, 2019
Mich. Comp. Laws § 324.72118 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.72118
Forest roads; inventory; applicable provisions; posting on website.
Status: in_force

Sec. 72118.

(1) The department shall make a comprehensive inventory of forest roads that are state roads. The department shall divide the state into 5 regions and complete the inventory in regional phases. The Upper Peninsula shall be a separate region or regions. The department shall inventory the 2 most northerly regions in the Lower Peninsula by December 31, 2017. The department shall inventory the remaining regions by December 31, 2018. The inventory shall meet both of the following requirements:

(a) Identify the location, condition, and development level of the forest roads.

(b) Determine types of motorized and nonmotorized use currently restricted on each forest road segment and the seasons during which those uses are currently restricted.

(2) Beginning when the inventory for a region is completed or required to be completed, whichever occurs first, all of the following apply:

(a) The forest roads within that region are open to motorized use by the public unless designated otherwise by an order of the department under section 504. However, forest roads in the Upper Peninsula are open to motorized use by the public unless designated otherwise by an order of the department under section 504.

(b) If a timber harvest is planned for a particular area in that region, the department shall evaluate whether the timber harvest activity offers the opportunity to connect existing forest roads and trails in that area.

(c) The department shall not newly restrict a road or trail in that region from being used to access public land unless the department has provided each local unit of government in which the public land is located written notice that includes the reason for the restriction. This subdivision does not apply to a restriction imposed to protect public health or safety in an emergency situation.

(3) The department shall annually post to its website the total miles of forest roads open to motorized use in all inventoried regions and a map or maps of those forest roads.

History: Add. 2016, Act 288, Imd. Eff. Sept. 28, 2016; Am. 2018, Act 237, Eff. Sept. 25, 2018; Am. 2018, Act 240, Eff. Sept. 25, 2018
Mich. Comp. Laws § 430.101 — MI Code / Chapter 430 / Act Act-304-of-1919 / Section 430.101
Name or insignia of certain organizations; protection, priority.
Status: in_force

Sec. 1.

No person, society, association or corporation shall assume, adopt or use the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization incorporated or organized and doing business under the laws of this or any other state of the United States, or a name so nearly resembling the name of such incorporated organization as to be a colorable imitation thereof, or calculated to deceive persons not members, with respect to such corporations. In all cases where 2 or more such societies, associations, corporations or organizations claim the right to the same name or to names substantially similar, as above provided, the organization which was first organized and used the name and first became incorporated or organized under the laws of the United States or of any state in the Union shall be entitled in this state to the prior and exclusive use of such name, and the rights of such societies, associations, corporations or organizations and of their individual members shall be fixed and determined accordingly.

History: 1919, Act 304, Eff. Aug. 14, 1919; CL 1929, 8991; CL 1948, 430.101
Mich. Comp. Laws § 15.275 — MI Code / Chapter 15 / Act Act-267-of-1976 / Section 15.275
Effective date.
Status: in_force

Sec. 15.

This act shall take effect January 1, 1977.

History: 1976, Act 267, Eff. Mar. 31, 1977
Mich. Comp. Laws § 390.666 — MI Code / Chapter 390 / Act Act-162-of-1969 / Section 390.666
Effective date of act.
Status: in_force

Sec. 6.

This act shall become effective when the school of osteopathic medicine is assigned by the state board of education as prescribed in section 1, and when such affiliation is accepted by the board of control of the established state institution of higher education. The state board of education shall determine the assignment of the school to an established institution of higher education within 90 days of the enactment of this act.

History: 1969, Act 162, Imd. Eff. Aug. 5, 1969
Mich. Comp. Laws § 3.161 — MI Code / Chapter 3 / Act Act-124-of-1960 / Section 3.161
Definitions.
Status: in_force

Sec. 1.

As used in this act:

(a) "Person" means any individual, firm, partnership, association, and corporation.

(b) "Jurisdiction" means, except as otherwise provided in section 3, other states of the United States, the District of Columbia, territories and possessions of the United States, foreign countries, or political subdivisions of foreign countries.

(c) "Properly registered" as applied to place of registration or licensing means the jurisdiction in which the board acting under section 5 determines a vehicle must be registered or licensed in order to be granted the privileges and benefits of this act when operating in this state.

(d) "Board" means the department of state.

History: 1960, Act 124, Imd. Eff. Apr. 26, 1960; Am. 2022, Act 25, Imd. Eff. Mar. 10, 2022
Mich. Comp. Laws § 207.622 — MI Code / Chapter 207 / Act Act-106-of-1985 / Section 207.622
Legislative finding.
Status: in_force

Sec. 2.

The legislature of this state finds that there exists in this state a continuing need for programs to promote tourism and convention business in order to assist in the prevention of unemployment and the alleviation of the conditions of unemployment, to preserve existing jobs, and to create new jobs to meet the employment demands of population growth. To achieve these purposes, it is necessary to assist and encourage local units of government to acquire, construct, improve, enlarge, renew, replace, repair, furnish, and equip convention facilities and the real property on which they are located and to refinance these activities.

History: 1985, Act 106, Imd. Eff. July 30, 1985; Am. 1993, Act 58, Eff. Apr. 1, 1994
Mich. Comp. Laws § 141.477 — MI Code / Chapter 141 / Act Act-264-of-1987 / Section 141.477
Withholding or assignment of distribution.
Status: in_force

Sec. 7.

The state treasurer may withhold from a county and a county may assign a distribution to offset what that county owes for outstanding obligations for services rendered before March 1, 1984 under the resident county hospitalization program, the community mental health shared management and state institutions programs, or the state ward charge-back program or for the repayment of principal and interest, if any, on a loan made to the county under the emergency municipal loan act, Act No. 243 of the Public Acts of 1980, being sections 141.931 to 141.942 of the Michigan Compiled Laws, or on a bond issue under the fiscal stabilization act, Act No. 80 of the Public Acts of 1981, being sections 141.1001 to 141.1011 of the Michigan Compiled Laws.

History: 1987, Act 264, Eff. Apr. 11, 1988
Mich. Comp. Laws § 440.2328 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2328
Sale by auction; sale with reserve; forced sale.
Status: in_force

Sec. 2328.

In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.

A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.

Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.

If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 254.155 — MI Code / Chapter 254 / Act Act-147-of-1935 / Section 254.155
State bridge commission; purchase of public works.
Status: in_force

Sec. 5.

Purchase of works. The commission is hereby authorized to acquire by purchase whenever it shall deem such purchase expedient, but solely by means of or with the proceeds of revenue bonds hereinafter authorized, any public works hereinabove specified, or any such works wholly or partly constructed, and any franchises, easements, permits and contracts for the construction of any such works, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, title thereto to be taken in the name of the state.

History: 1935, Act 147, Imd. Eff. June 4, 1935; CL 1948, 254.155
Mich. Comp. Laws § 552.627 — MI Code / Chapter 552 / Act Act-295-of-1982 / Section 552.627
Other enforcement action.
Status: in_force

Sec. 27.

Under the Michigan court rules, the circuit court may take other enforcement action under applicable laws, including, but not limited to, the following:

1846 RS 84, MCL 552.1 to 552.45.

1913 PA 379, MCL 552.151 to 552.156.

The family support act, 1966 PA 138, MCL 552.451 to 552.459.

Section 1701 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1701.

1968 PA 293, MCL 722.1 to 722.6.

The child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.31.

The paternity act, 1956 PA 205, MCL 722.711 to 722.730.

Even if another act of this state provides that this act applies to support orders issued under the other act, if that other act contains a specific provision regarding the contents or enforcement of the support order that conflicts with this act, the other act controls in regard to that provision.

Nothing in this section authorizes the IV-D agency to pursue enforcement action under applicable laws except as otherwise specifically authorized by statute or court rule.

History: 1982, Act 295, Eff. July 1, 1983; Am. 1985, Act 210, Eff. Mar. 1, 1986; Am. 2001, Act 106, Eff. Sept. 30, 2001; Am. 2004, Act 206, Eff. Feb. 28, 2005