FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.31304 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.31304
Request for surveys; determination of optimum flow; plan for improvement, utilization, and conservation of surplus water; factors; limitations.
Status: in_force

Sec. 31304.

Upon receipt of a request, the department shall determine the optimum flow for the rivers and streams that may be substantially affected by the impounding and releasing of surplus water and upon its completion shall require the boards to prepare and submit to the department a plan for the impoundment, best utilization, and conservation of the surplus water in accordance with this part. The department shall cooperate and collaborate with the boards in the preparation of the plan. The plan shall specify the persons who may make use of the water and the terms, conditions, and restrictions under which the water may be used.

In making the determination of optimum flow and in preparing the plan, the department and boards shall consider the following factors:

The range of stream flow variation.

The uses that are being made of the water from the stream or that may be made in the foreseeable future by any riparian owner.

The stream's waste assimilation capacity and its practical utility for domestic use, fish and wildlife habitat, recreation, municipal and industrial water supply, commercial and recreational navigation, including portages, public and private utilities, and water storage purposes.

Other factors that appear to the department to be necessary to adequately protect and preserve the rights of riparians on the streams involved.

A plan shall not permit the impounding of water if the flow is below the optimum flow. This part does not authorize the diversion of water from 1 watershed to another.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 700.3306 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3306
Informal probate; notice requirements.
Status: in_force

Sec. 3306.

Within 28 days after an informal probate is granted, the applicant shall give written information of the probate to the heirs, devisees, a person who demands it under section 3205, and other interested persons. The applicant also shall give information of the probate to the attorney general, public administration division, if the devisees under the will would not be entitled to share in the estate but for the terms of the will and the decedent died without leaving any known heirs.

The information required by subsection (1) must include the applicant's name and address, the name and location of the court granting the informal probate, and the date of the probate. The information must be delivered or sent by ordinary mail to each person entitled to notice whose address is reasonably available to the applicant. There is no duty to give information as required by this section if a personal representative is appointed who is required to give the written information required by section 3705. An applicant's failure to give information as required by this section is a breach of the applicant's duty to a person entitled to notice, but does not affect the validity of the probate.

History: 1998, Act 386, Eff. Apr. 1, 2000
Mich. Comp. Laws § 380.2 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.2
Meanings of words and phrases.
Status: in_force

Sec. 2.

For the purposes of this act, the words and phrases defined in sections 3 to 7 shall have the meanings respectively ascribed to them in those sections.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Mich. Comp. Laws § 484.1404 — MI Code / Chapter 484 / Act Act-32-of-1986 / Section 484.1404
Alteration of state or county 9-1-1 charge.
Status: in_force

Sec. 404.

A service supplier providing or designated to provide 9-1-1 service under this act shall not alter the state or county 9-1-1 charge collected from service users within the 9-1-1 service district except as provided under this act.

History: 1986, Act 32, Imd. Eff. Mar. 17, 1986; Am. 1999, Act 81, Imd. Eff. June 28, 1999; Am. 2007, Act 165, Imd. Eff. Dec. 21, 2007
Mich. Comp. Laws § 286.775 — MI Code / Chapter 286 / Act Act-417-of-2006 / Section 286.775
AASSPs; issuance by commission; safe and secure storage practices; consideration to information and recommendations.
Status: in_force

Sec. 5.

(1) Within 6 months after the effective date of this act, the commission shall issue AASSPs regarding the security of anhydrous ammonia in the possession of sellers and end users in this state. In addition to any other practices included, the AASSPs shall provide that both of the following, either separately or in combination as the commission determines advisable, constitute safe and secure storage practices for anhydrous ammonia:

(a) Storage in a tank that is properly equipped with a functioning tank or valve lock that is used at all times except when the seller or end user is taking anhydrous ammonia from the tank or filling the tank.

(b) Storage with a substance added to the anhydrous ammonia that is or that contains a dye that will, on release from the container that holds the anhydrous ammonia, stain objects that it comes in contact with, including skin and clothing, in a highly visible manner.

(2) In establishing the AASSPs, the commission shall give due consideration to available department of agriculture information and written recommendations from the Michigan state university college of agriculture and natural resources extension, the department of state police, local law enforcement agencies, anhydrous ammonia manufacturers, retailers, and end users, and other professional and industry organizations.

History: 2006, Act 417, Imd. Eff. Sept. 29, 2006
Mich. Comp. Laws § 123.323 — MI Code / Chapter 123 / Act Act-152-of-1976 / Section 123.323
Violation; penalty.
Status: in_force

Sec. 3.

A person, firm, or corporation who violates this act is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00.

History: 1976, Act 152, Imd. Eff. June 17, 1976
Mich. Comp. Laws § 338.2211 — MI Code / Chapter 338 / Act Act-152-of-1979 / Section 338.2211
Public accountant; fees; accountancy enforcement fund; creation; administration; use; carrying forward unexpended balance.
Status: in_force

Sec. 11.

(1) Fees for a person certified, registered, or licensed or seeking certification, registration, or licensure to engage in the practice of public accounting, under article 7 of the occupational code, MCL 339.720 to 339.736, are as follows:

(a) Application processing fee for individuals and firms $ 100.00 (b) License to practice for individuals and firms, per year 100.00 (c) Individual registration, per year 25.00 (d) Permit for temporary practice, per year 100.00 (e) Peer review fee 100.00

(a)

Application processing fee for individuals and firms

$

100.00

(b)

License to practice for individuals and firms, per year

100.00

(c)

Individual registration, per year

25.00

(d)

Permit for temporary practice, per year

100.00

(e)

Peer review fee

100.00

(2) The accountancy enforcement fund is created in the state treasury and shall be administered by the department. Beginning October 1, 2006, the money representing the increase in fees and the addition of the peer review fee imposed in subsection (1) shall be deposited into the accountancy enforcement fund. The department shall utilize the accountancy enforcement fund for the enforcement of article 7 of the occupational code, MCL 339.720 to 339.736, regarding unlicensed activity, licensee and registrant disciplinary actions, and the peer review program conducted by the state board of accountancy and to reimburse the attorney general for expenses incurred in conducting prosecutions of any unlicensed practice and disciplinary actions. A reasonable amount of money in the fund may be used for expenses regarding participation in national accounting organizations essential to the regulation of certified public accountants, as determined and approved by the department. Any unexpended balance in the accountancy enforcement fund at the end of a fiscal year shall carry forward to the next fiscal year.

History: 1979, Act 152, Eff. Jan. 1, 1980; Am. 1988, Act 461, Eff. Sept. 1, 1989; Am. 2003, Act 87, Imd. Eff. July 23, 2003; Am. 2005, Act 277, Imd. Eff. Dec. 19, 2005
Mich. Comp. Laws § Article IV § 37 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article IV § 37
Administrative rules, suspension by legislative committee.
Status: in_force

Sec. 37.

The legislature may by concurrent resolution empower a joint committee of the legislature, acting between sessions, to suspend any rule or regulation promulgated by an administrative agency subsequent to the adjournment of the last preceding regular legislative session. Such suspension shall continue no longer than the end of the next regular legislative session.

History: Const. 1963, Art. IV, § 37, Eff. Jan. 1, 1964
Mich. Comp. Laws § 38.1021a — MI Code / Chapter 38 / Act Act-261-of-1957 / Section 38.1021a
Member contributions picked up by state.
Status: in_force

Sec. 21a.

The state shall pick up the member contributions required by sections 21, 22, 22c, and 50a for all compensation earned after December 31, 1986. Contributions picked up shall be treated as employer contributions in determining tax treatment under the internal revenue code. The state shall pay these member contributions from the same source of funds that is used in paying compensation to the member. The state may pick up these contributions by a reduction in the cash salary of the member. Member contributions picked up shall be treated for all other purposes in the same manner and to the same extent as member contributions made before the date picked up.

History: Add. 1987, Act 58, Imd. Eff. June 23, 1987; Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999
Mich. Comp. Laws § 440.2810 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2810
Motor vehicle or trailer; transaction creating sale or security interest.
Status: in_force

Sec. 2A110.

With respect to a motor vehicle or trailer, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Mich. Comp. Laws § 324.41341 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.41341
Inspection of site or facility permitted.
Status: in_force

Sec. 41341.

The department of natural resources or the department of agriculture and rural development shall have free access at all reasonable hours to any site, including, but not limited to, an aquaculture facility, as defined in section 2 of the Michigan aquaculture development act, 1996 PA 199, MCL 286.872, if there is probable cause to believe that activities subject to the permitting or registration requirements of this part take place and to any trade show described in section 41335 for any of the following purposes:

(a) To inspect and determine if this act is being violated. An inspection shall be conducted under generally recognized practices designed not to jeopardize the health of the aquatic species.

(b) To secure samples or specimens of any aquatic species after paying or offering to pay fair market value for the sample or specimen.

History: Add. 2018, Act 451, Eff. Mar. 21, 2019
Mich. Comp. Laws § 455.23 — MI Code / Chapter 455 / Act Act-230-of-1897 / Section 455.23
Special dues; purpose, time, enforcement.
Status: in_force

Sec. 23.

(1) The stockholders of the corporation, at a special meeting called for that purpose by a vote of a majority of all the capital stock, may authorize the board of directors to provide for special dues in addition to the annual dues authorized in section 16, not exceeding $750.00 per share in any 1 year, adjusted for inflation using the Consumer Price Index. As used in this subsection, "Consumer Price Index" means the most comprehensive index of consumer prices available for this state from the Bureau of Labor Statistics of the United States Department of Labor.

(2) The board of directors shall only use special dues assessed under this section for the purpose of paying any existing indebtedness of the corporation or for improving and bettering the property of the corporation, improving the sanitary condition of the property, providing protection from loss or damage by fire or water, or erecting, purchasing, or maintaining any hotel, clubhouse, or other building for the entertainment, comfort, or convenience of the corporation and its stockholders.

(3) Any resolution adopted by the stockholders authorizing special dues under this section must determine the purpose for which the board of directors shall use the proceeds of the special dues and the period of time in which the board may levy the special dues.

(4) The payment of special dues authorized under this section may be enforced by the corporation in the same manner provided in section 16 for the enforcement of the annual dues.

History: Add. 1903, Act 127, Imd. Eff. May 20, 1903; Am. 1909, Act 296, Eff. Sept. 1, 1909; CL 1915, 10055; CL 1929, 10325; CL 1948, 455.23; Am. 2022, Act 20, Eff. Mar. 29, 2023
Mich. Comp. Laws § 388.1023 — MI Code / Chapter 388 / Act Act-143-of-1976 / Section 388.1023
Certification of applicant as qualified parent cooperative preschool teacher; requirements.
Status: in_force

Sec. 3.

The department of education shall certify an applicant as a qualified parent cooperative preschool teacher for purposes of this act if the applicant meets any of the following requirements:

The applicant has earned 120 semester credit hours in an accredited institution of higher education, including not less than 15 semester hours of child development course work.

The applicant has earned 60 semester credit hours in an accredited institution of higher education before July 1, 1979, including not less than 15 semester hours of child development course work.

The applicant has taught in a parent cooperative preschool for not less than 5 years before the effective date of this act.

History: 1976, Act 143, Eff. Mar. 31, 1977
Mich. Comp. Laws § 211.982 — MI Code / Chapter 211 / Act Act-512-of-2014 / Section 211.982
Definitions.
Status: in_force

Sec. 2.

As used in this act:

(a) "Aquaculture" means the commercial husbandry of aquaculture species, including, but not limited to, culturing, producing, growing, propagating, and harvesting aquaculture products under any applicable permits or registration.

(b) "Aquaculture production facility" means real property used for an indoor aquaculture production operation using aquaculture techniques or practices for growing aquaculture species. An aquaculture production facility includes all of the following, to the extent that it constitutes real property:

( i ) Pumps, tanks, controls, application systems, indoor recirculating systems, and related infrastructure required to grow aquaculture species using aquaculture techniques or practices.

( ii ) Any warehouse or shipping area integrated into the aquaculture production operation.

( iii ) Offices integrated into the aquaculture production operation if the taxable value of the offices is less than 50% of the combined taxable value of the aquaculture production facility and the offices.

(c) "Commission" means the state tax commission created by 1927 PA 360, MCL 209.101 to 209.107.

(d) "Eligible aquaculture production facility" means an aquaculture production facility that has a production area of not less than 10,000 square feet.

(e) "Eligible hydroponics production facility" means a hydroponics production facility that has a production area of not less than 1 acre.

(f) "Hydroponics" means a system in which water-soluble nutrients are placed in intimate contact with a plant's root system, being grown in an inert supportive medium, which inert supportive medium itself does all of the following:

( i ) Supplies physical support for the roots.

( ii ) Does not add or subtract plant nutrients.

(g) "Hydroponics production facility" means real property used for an indoor agriculture production operation using hydroponics techniques or practices for growing plants produced by agriculture that are useful to human beings, including, but not limited to, forages, field crops, sod, berries, herbs, fruits, vegetables, flowers, seeds, and nursery stock. Hydroponics production facility does not include an indoor agriculture production operation for growing plants that are illegal under federal law. A hydroponics production facility includes, but is not limited to, all of the following, to the extent that it constitutes real property:

( i ) Pumps, tanks, controls, application systems, and related infrastructure required to grow agricultural crops using hydroponics techniques or practices.

( ii ) Any warehouse or shipping area integrated into the hydroponics production facility operation.

( iii ) Offices integrated into the indoor agriculture production operation if the taxable value of the offices is less than 50% of the combined taxable value of the hydroponics production facility and the offices.

(h) "Taxable value" means the taxable value as determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.

History: 2014, Act 512, Imd. Eff. Jan. 14, 2015
Mich. Comp. Laws § 141.871a — MI Code / Chapter 141 / Act Act-395-of-1980 / Section 141.871a
Legislative findings.
Status: in_force

Sec. 1a.

(1) The legislature finds all of the following:

(a) Tourism is a major source of employment, income, and tax revenues in this state, and the expansion of the tourism industry is vital to the growth of the state's economy.

(b) The tourism industry is important to this state, not only because of the number of people it serves and the vast human, financial, and physical resources it employs, but because of the benefits tourism and related activities confer on individuals and on society as a whole.

(c) State oversight and resources are needed to implement a coordinated and effective marketing program consistent with the master plan developed by this state to promote travel to, and within, this state under the Michigan tourism policy act, 1945 PA 106, MCL 2.101 to 2.103a, and to optimize the considerable investment of time, energy, capital, and resources being made by the tourism industry.

(d) This state can best undertake effective tourism marketing through the coordinated efforts of existing state government agencies in tourism promotion and private convention and tourism promotional bureaus who are better able than state agencies to market and promote their unique assessment districts, which will maximize the economic and employment benefits of the tourism industry to this state and its citizens.

(e) The coordinated efforts within this act to market and promote tourism represent a broader regulator scheme that does not impinge on an individual's First Amendment rights.

(2) Nothing in this act shall be construed to do 1 or more of the following:

(a) Restrain an owner or participant from communicating its own message or marketing plan.

(b) Require any owner or participant to adopt any actual or symbolic speech.

(c) Endorse or finance any political speech or ideological view.

History: Add. 2018, Act 626, Eff. Mar. 29, 2019
Mich. Comp. Laws § 168.445 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.445
Probate judges; primary or election, recount of votes.
Status: in_force

Sec. 445.

The votes cast for any candidate for judge of probate at any primary or election shall be subject to recount as provided in chapter 33 of this act.

History: 1954, Act 116, Eff. June 1, 1955
Mich. Comp. Laws § 18.1141 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1141
Duties of department.
Status: in_force

Sec. 141.

The department shall do all of the following:

Survey and examine the administrative organization and operations of state agencies to secure greater administrative and program efficiency and economy, to minimize the duplication of activities among state agencies and between state agencies and businesses, and to effect a better organization and consolidation of functions among state agencies. The findings of the surveys shall be incorporated and separately identified in the executive budget that is transmitted to the legislature. Through the executive budget process, the director may require state agencies to assist the department in making its surveys.

Provide for expert and uniform conduct in state operations applicable to all state agencies.

Provide centralized management of auxiliary services when advantageous to state government, after consultation with any affected state agency.

Establish a comprehensive system of internal controls in the management of the state's financial affairs and record the transactions both in accordance with generally accepted accounting principles and as required by law.

Plan, prepare, and execute a comprehensive state budget pursuant to the state constitution of 1963.

History: 1984, Act 431, Eff. Mar. 29, 1985
Mich. Comp. Laws § 333.17610 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17610
Rules.
Status: in_force

Sec. 17610.

(1) The department, in consultation with the board, may promulgate rules under section 16145 as necessary or appropriate to fulfill its functions under this article and to supplement the requirements for licensure under this part, including adopting updated standards of that organization or standards of any successor organization of the American speech-language-hearing association.

(2) Subject to section 16204, the department shall by rule prescribe continuous professional development as a condition for licensure renewal.

(3) The department, in consultation with the board, shall promulgate rules regarding the performance of speech-language pathology that includes, but is not limited to, the performance of procedures described in section 17601(1)(a)( ii ). The rules shall recognize and incorporate the requirements described in section 17607(3) and (4) and the need for collaboration among a speech-language pathologist and a person licensed in the practice of medicine or osteopathic medicine and surgery and other licensed health care professionals.

History: Add. 2008, Act 524, Imd. Eff. Jan. 13, 2009
Mich. Comp. Laws § 425.101 — MI Code / Chapter 425 / Act Act-163-of-1911 / Section 425.101
Inspector of mines; election, term, and qualifications; prohibited employment; eligibility.
Status: in_force

Sec. 1.

There shall be elected at the general election in the year 1968, and at the general election held every fourth year thereafter an inspector of mines for the term of 4 years in any county within this state where there are iron or copper mines situated, some suitable person who is a citizen of this state, who can read and write the English language, and who has had at least 10 years' actual experience in mining, or a person holding the degree of mining engineer, or an equivalent degree, and who shall have practiced his or her profession as a mining engineer for at least 2 years. Inspectors of mines shall not, during their term of office, accept employment or be employed by any mining company or any subsidiary or affiliate thereof. A person elected to any other public office shall not be eligible for election as an inspector of mines, nor for appointment as a deputy inspector.

History: 1911, Act 163, Eff. Aug. 1, 1911; CL 1915, 5502; CL 1929, 8522; CL 1948, 425.101; Am. 1952, Act 279, Imd. Eff. June 21, 1952; Am. 1967, Act 33, Eff. Nov. 2, 1967; Am. 1984, Act 116, Imd. Eff. May 29, 1984