FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 208.1508 — MI Code / Chapter 208 / Act Act-36-of-2007 / Section 208.1508
Overpayment of tax; filing claim for refund; limitation; assessment; appropriation.
Status: in_force

Sec. 508.

(1) If, as a result of the changes enacted by the amendatory act that added this section, a taxpayer has an overpayment of tax for any tax year beginning after December 31, 2009 through the tax year beginning after December 31, 2013, the taxpayer shall, in accordance with sections 27a and 30 of 1941 PA 122, MCL 205.27a and 205.30, file a claim for a refund, on or after January 1, 2015 but no later than December 31, 2015, using a form, process, or format as prescribed by the department. A claim filed pursuant to this section is limited to the determination of any tax liability and any overpayment resulting from the changes enacted by the amendatory act that added this section. Interest shall be calculated in accordance with section 23 of 1941 PA 122, MCL 205.23. Any refund paid under this section shall be paid in equal annual payments over 6 years beginning in 2016.

(2) Notwithstanding section 21(6) and (7) of 1941 PA 122, MCL 205.21, and the statute of limitations period prescribed under section 27a(2) of 1941 PA 122, MCL 205.27a, the department may assess a taxpayer that claimed a refund pursuant to this section for any amount determined after audit or investigation to have exceeded the proper and correct amount of overpayment resulting from the changes enacted by the amendatory act that added this section. The assessment issued under this subsection shall not be issued more than 4 years after the date the taxpayer filed its claim under this section and shall be limited to the changes enacted by the amendatory act that added this section.

(3) There is appropriated to the department for the 2014-2015 state fiscal year the sum of $1,000,000.00 to begin implementing the requirements of the amendatory act that added this section. Any portion of this amount under this section that is not expended in the 2014-2015 state fiscal year shall not lapse to the general fund but shall be carried forward in a work project account that is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, for the following state fiscal year.

History: Add. 2014, Act 282, Imd. Eff. Sept. 12, 2014
Mich. Comp. Laws § 423.509 — MI Code / Chapter 423 / Act Act-397-of-1978 / Section 423.509
Investigation of criminal activity by employer; separate file of information; notice to employee; destruction or notation of final disposition of file and copies; prohibited use of information; release of information to certain law enforcement agencies.
Status: in_force

Sec. 9.

(1) If an employer has reasonable cause to believe that an employee is engaged in criminal activity that might result in loss or damage to the employer's property or disruption of the employer's business operation, and the employer is engaged in an investigation, then the employer may keep a separate file of information relating to the investigation. Upon completion of the investigation or after 2 years, whichever comes first, the employee must be notified that an investigation was or is being conducted of the suspected criminal activity described in this section. Upon completion of the investigation, if disciplinary action is not taken, the investigative file and all copies of the material in it must be destroyed.

(2) An employer that is a criminal justice agency and that is involved in the investigation of an alleged criminal activity or the violation of an agency rule by an employee shall maintain a separate confidential file of information relating to the investigation. Upon completion of the investigation, if disciplinary action is not taken, the employee must be notified that an investigation was conducted. If the investigation reveals that the allegations are unfounded or unsubstantiated or if disciplinary action is not taken, the separate file must contain a notation of the final disposition of the investigation and information in the file must not be used in any future consideration for promotion, transfer, additional compensation, or disciplinary action. The employer may release information in the separate file to a prospective employing law enforcement agency if the information is part of a record regarding the reason or reasons for, and circumstances surrounding, a separation of service under section 5 of the law enforcement officer separation of service record act, 2017 PA 128, MCL 28.565. The employer shall release information in the separate file to the Michigan commission on law enforcement standards upon the request of the Michigan commission on law enforcement standards.

History: 1978, Act 397, Eff. Jan. 1, 1979; Am. 2018, Act 521, Eff. Mar. 28, 2019
Mich. Comp. Laws § 600.1099f — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.1099f
Juvenile alleged to have engaged in what constitutes a criminal act; conditions for admission to juvenile mental health court; withdrawal of admission of responsibility.
Status: in_force

Sec. 1099f.

(1) If the juvenile is alleged to have engaged in activity that would constitute a criminal act if committed by an adult, his or her admission to juvenile mental health court is subject to all of the following conditions:

(a) The juvenile admits responsibility for the violation or violations that he or she is accused of having committed.

(b) The parent, legal guardian, or legal custodian, and juvenile are required to sign all documents for the juvenile's admission in the juvenile mental health court, including a written agreement to participate in the juvenile mental health court.

(2) Nothing in this chapter shall be construed to preclude a court from providing mental health services to a juvenile before he or she admits responsibility and is accepted into the juvenile mental health court.

(3) A juvenile who has admitted responsibility, as part of his or her referral process to a juvenile mental health court, and who is subsequently not admitted to a juvenile mental health court may withdraw his or her admission of responsibility.

(4) This section does not apply to status offenses.

History: Add. 2018, Act 590, Eff. Mar. 28, 2019
Mich. Comp. Laws § 566.226 — MI Code / Chapter 566 / Act R-S-of-1846 / Section 566.226
Conveyance; definition.
Status: in_force

Sec. 6.

The term "conveyance," as used in this and the preceding eightieth chapter, shall be construed to embrace every instrument in writing, except a last will and testament, whatever may be the form of such instrument, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered.

History: R.S. 1846, Ch. 82; CL 1857, 3203; CL 1871, 4718; How. 6208; CL 1897, 9538; CL 1915, 12003; CL 1929, 13439; CL 1948, 566.226
Mich. Comp. Laws § 750.471 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.471
Transportation of dressed calves, sheep, hogs, and beeves; violation of act, misdemeanor.
Status: in_force

Sec. 471.

Transportation of dressed calves, sheep, hogs and beeves-All dressed calves, sheep, hogs and beeves, or any portion of the same, when being shipped or transported by freight or express, shall be kept in a clean and sanitary manner. Any carcass, or any portion thereof, which shall be transported in any car, shall when practicable be hung in such car during such transportation. Such carcass, when tendered for shipment, shall be covered with clean covers of cloth of such texture as to exclude all dirt and dust: Provided, This shall not apply to carcasses shipped with the hides left on.

Any person violating any of the provisions of this section, shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.471
Mich. Comp. Laws § 325.1012 — MI Code / Chapter 325 / Act Act-399-of-1976 / Section 325.1012
Laboratory capability to test for contaminants.
Status: in_force

Sec. 12.

The department shall maintain a laboratory capability to test for those contaminants in water which are included in the state drinking water standards and any other contaminant which may be of concern to the director.

History: 1976, Act 399, Imd. Eff. Jan. 4, 1977
Mich. Comp. Laws § 450.191 — MI Code / Chapter 450 / Act Act-327-of-1931 / Section 450.191
Repeal of acts and parts of acts; MCL 450.631 and 450.632 inapplicable to corporations governed by this act.
Status: in_force

Sec. 191.

Repeal. The following acts and parts of acts amendatory thereto, are hereby repealed:

Act 84, Public Acts 1921; Act 20, Public Acts 1921, First Extra Session; Act 77, Public Acts 1923; Act 153, Public Acts 1923; Act 154, Public Acts 1923; Act 172, Public Acts 1923; Act 234, Public Acts 1923; Act 275, Public Acts 1923; Act 232, Public Acts 1925; Act 342, Public Acts 1925; Act 363, Public Acts 1925; Act 388, Public Acts 1925; Act 72, Public Acts 1927; Act 335, Public Acts 1927; Act 267, Public Acts 1929; Act 191, Public Acts 1877; Act 216, Public Acts 1881; Act 21, Public Acts 1885; Act 244, Public Acts 1903; Act 63, Public Acts 1905; Act 188, Public Acts 1905; Act 45, Public Acts 1909; Act 252, Public Acts 1911; Act 105, Public Acts 1919; Act 25, Public Acts 1925; Act 59, Public Acts 1917; Act 210, Public Acts 1917; Act 27, Public Acts 1927; Act 53, Public Acts 1872; Act 328, Public Acts 1905; sections 1, 2, 3, 5, 6 and 8 of chapter 55 Revised Statutes 1846; Act 50, Public Acts 1867; Act 31, Public Acts 1845; Act 85, Public Acts 1851; Act 31, Public Acts 1855; Act 133, Public Acts 1855; Act 43, Public Acts 1867; Act 144, Public Acts 1867; Act 411, Public Acts 1867; Act 9, Public Acts 1871; Act 17, Public Acts 1873; Act 40, Public Acts 1877; and Act 23, Public Acts 1879. Act No. 112, Public Acts of 1889, shall hereafter be inapplicable to corporations governed by this act.

The provisions of said act which are repealed by this act shall remain in force for the filing of annual reports and the payment of privilege fees during the year 1931 and for the enforcement, assessment, imposition and collection of all obligations, penalties or forfeitures which have accrued or may accrue in relation to filing such reports and to the payment of such privilege fees.

History: 1931, Act 327, Eff. Sept. 18, 1931; CL 1948, 450.191
Mich. Comp. Laws § 287.679 — MI Code / Chapter 287 / Act Act-239-of-1982 / Section 287.679
Violation of act as misdemeanor or felony; penalties; civil actions.
Status: in_force

Sec. 29.

A person who violates this act or a rule promulgated under this act is guilty of a misdemeanor punishable by a fine of not less than $300.00 or imprisonment of not less than 30 days, or both.

A person who is convicted of violating this act or a rule promulgated under this act 3 or more times is guilty of a felony punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

Any person authorized by the director to enforce the animal health laws of the state may issue an appearance ticket, as described and authorized by sections 9a to 9g of chapter 4 of the code of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g, for any violation of this act.

Notwithstanding the provisions of this act, the department may bring an action in a court of competent jurisdiction to do 1 or both of the following:

Obtain a declaratory judgment that a method, act, or practice is a violation of this act or a rule promulgated under this act.

Obtain an injunction against a person who is engaging in, or is about to engage in, a method, act, or practice that violates this act or a rule promulgated under this act. Venue in an action brought under this subdivision is the county in which the person is engaging in, or is about to engage in, the method, act, or practice.

In addition to the other actions provided for in this act, the director may bring a civil action in a court of competent jurisdiction through the department of the attorney general for the violation of this act or a rule promulgated under this act. If the court determines that a violation has occurred, the court may impose a civil fine of not more than $5,000.00 for each violation.

The director shall advise the department of the attorney general of the failure of a person to pay an administrative or civil fine imposed under this act. The department of the attorney general shall bring a civil action in a court of competent jurisdiction to recover this fine.

In addition to any other defense available under law, a person may present as a defense to an administrative or civil action brought under this section and section 28 evidence that at the time of the alleged violation he or she was in compliance with this act and rules promulgated under this act.

Applicable provisions of the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9948, apply to civil actions brought under this act.

History: 1982, Act 239, Eff. Oct. 1, 1982; Am. 1993, Act 228, Eff. Feb. 4, 1994; Am. 1998, Act 299, Imd. Eff. July 28, 1998
Mich. Comp. Laws § 458.207 — MI Code / Chapter 458 / Act Act-265-of-1909 / Section 458.207
Trustees; powers; disposal of realty.
Status: in_force

Sec. 7.

The secular affairs of said church shall, subject to the control of the general corporate body, be managed by such board of trustees. It shall have power to purchase, build, repair, lease, sell, rent, mortgage, encumber or otherwise dispose of property: Provided, That before it shall sell, mortgage or otherwise encumber or dispose of real property the consent of the corporation shall be given by an affirmative vote of at least 2/3 of all members present at a public meeting, who are entitled to vote for trustees under this act, of which meeting 10 days' notice at least shall be given, stating the time, place and object thereof.

History: 1909, Act 265, Eff. Sept. 1, 1909; CL 1915, 11093; CL 1929, 10930; CL 1948, 458.207
Mich. Comp. Laws § 38.1616 — MI Code / Chapter 38 / Act Act-182-of-1986 / Section 38.1616
Reserve for employer contributions; transfer of accumulated employer contributions.
Status: in_force

Sec. 16.

The reserve for employer contributions is the account to which contributions by the state shall be credited.

Accumulated employer contributions shall be transferred from the reserve for employer contributions to the reserve for retired benefit payments upon the retirement or death of a member or deferred member.

History: 1986, Act 182, Eff. Oct. 1, 1986
Mich. Comp. Laws § 445.2079 — MI Code / Chapter 445 / Act Act-186-of-2012 / Section 445.2079
Tagging and holding plastic bulk merchandise container.
Status: in_force

Sec. 9.

(1) A dealer shall tag and hold a plastic bulk merchandise container purchased from a seller for at least 7 days if any of the following are met:

(a) The plastic bulk merchandise container has altered or obliterated serial numbers, and the person that delivers the plastic bulk merchandise container does not have a written receipt or documentation for the container.

(b) There is identifying information shown on the plastic bulk merchandise container; because of that information, the dealer knows or reasonably should know that the plastic bulk merchandise container is or was the property of a specific business; and the person delivering the plastic bulk merchandise container does not have a written receipt or documentation for the container.

(c) The plastic bulk merchandise container is subject to a notification or bulletin from any law enforcement agency that the dealer received before the purchase of the plastic bulk merchandise container.

(2) Section 7 applies to a purchase of a plastic bulk merchandise container that is subject to subsection (1).

(3) Subsection (1) does not apply to a dealer's purchase of a plastic bulk merchandise container from another dealer if that other dealer complied with subsection (1) concerning that container.

(4) If subsection (1) did not apply to the initial purchase of a plastic bulk merchandise container by a dealer, subsection (1) does not apply to the resale of that container by the dealer to another dealer.

History: 2012, Act 186, Eff. Dec. 18, 2012
Mich. Comp. Laws § 500.480 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.480
Definitions.
Status: in_force

Sec. 480.

As used in sections 478 and 479:

"Fee" means financial data base fees, annual statement filing fees, securities valuation fees, user fees, and any other financial assessment or charge of any kind imposed directly or indirectly by the NAIC.

"NAIC" means the national association of insurance commissioners.

"NAIC standard" means a directive; financial annual statement requirement; model act; model regulation; issue paper; market conduct or financial examination report or requirement; accounting practice, procedure, or reporting standard; securities valuation requirement; or any report, action, or program of any kind promulgated by the NAIC, or a committee, task force, working group, or advisory committee of the NAIC.

"Solvency oversight" means an activity directly related to regulating the financial condition of an insurer. Solvency oversight does not include an activity related to market conduct regulation, market regulatory support, or general regulatory support.

"Solvency-related revenue" means only financial data base fees, annual statement fees, and securities valuation fees.

History: Add. 1998, Act 279, Imd. Eff. July 27, 1998
Mich. Comp. Laws § 457.224 — MI Code / Chapter 457 / Act Act-1-of-1895 / Section 457.224
Property; holding, disposition; erection of buildings; borrowing power.
Status: in_force

Sec. 4.

Every corporation organized under the provisions of this act may take, receive, purchase and hold in its corporate capacity, and for its corporate purposes, real and personal property and the same or any part thereof demise, sell, convey, use and dispose of at pleasure; and may erect and own suitable building or buildings to be used in whole or in part for meetings of Masonic bodies and may borrow money and for that purpose may issue its bonds and mortgage its property to secure the payment of said bonds.

History: 1895, Act 1, Imd. Eff. Feb. 15, 1895; CL 1897, 7973; CL 1915, 10411; CL 1929, 10612; CL 1948, 457.224
Mich. Comp. Laws § 400.1205 — MI Code / Chapter 400 / Act Act-34-of-1984 / Section 400.1205
Definitions; P to S.
Status: in_force

Sec. 5.

"Program", except when used in the phrase "weatherization program", means the low income heating assistance and shut-off protection program created in section 7.

"Program year" means a state fiscal year which ends before October 1, 1988. The portion of the state fiscal year ending on September 30, 1984, shall be considered the first program year.

"Provider utility" means an investor-owned natural gas or electric utility company which provides residential heating utility service to an assisted household. During the first and second program years only, provider utilities shall include only consumers power company, the Detroit edison company, and Michigan consolidated gas company. For other energy providers, the maximum level of benefit provided to their customers will be the same regardless of the type of fuel used by the program participant.

"Shut-off protection" means the right accorded to an assisted household whereby the household is protected against termination of heating utility service for nonpayment of bills.

History: 1984, Act 34, Eff. Apr. 12, 1984
Mich. Comp. Laws § 750.43 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.43
Aircraft and aeronautics; definitions.
Status: in_force

Sec. 43.

Definitions-Whenever the word "aircraft" is used in this chapter it shall mean any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air except a parachute or other contrivance designed and used primarily for safety equipment. "Passenger" means any person not the pilot or member of the crew of any aircraft. "Aeronaut" includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.43
Mich. Comp. Laws § 324.41515 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.41515
Driving ducks away from hunters; violation as misdemeanor; penalty; navigation.
Status: in_force

Sec. 41515.

A person shall not willfully scare or drive wild ducks or other wild waterfowl, or cause the same to be done, from or away from any person lawfully hunting wild ducks or wild waterfowl within the park described in this subpart, for the purpose of depriving or attempting to deprive the person of any or all of his or her opportunities of shooting or hunting the wild duck or other wild waterfowl. A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00 and costs of prosecution, or both. This subpart does not detract from the right of passage over the waters described in this subpart, in good faith, or in the ordinary course of navigation.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 257.319f — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.319f
Operation of commercial motor vehicle in violation of out-of-state service order; prohibition; suspension; "commercial motor vehicle" defined.
Status: in_force

Sec. 319f.

(1) A person shall not operate a commercial motor vehicle in this state in violation of an out-of-service order.

(2) Except as otherwise provided in this subsection, the secretary of state shall immediately suspend all vehicle group designations on the operator's or chauffeur's license of a person convicted of violating a driver out-of-service or vehicle out-of-service order as required under 49 CFR 383.51.

(3) A person who violates an out-of-service order shall be ordered to pay a civil fine as required under section 907.

(4) As used in this section, "commercial motor vehicle" means that term as defined in section 7a and any motor vehicle having a GVWR or GCWR of 10,001 pounds or more.

History: Add. 1996, Act 404, Eff. Dec. 21, 1996; Am. 2006, Act 298, Imd. Eff. July 20, 2006; Am. 2011, Act 159, Imd. Eff. Sept. 30, 2011
Mich. Comp. Laws § 730.532 — MI Code / Chapter 730 / Act Act-5-of-1956 / Section 730.532
Conciliation division; settlement; judgment, payment.
Status: in_force

Sec. 32.

The parties prior to or at the hearing may make a settlement upon such terms as they may agree upon, in which case it shall be reduced to writing and signed by the parties, and the settlement shall be filed in the cause and in all respects shall be considered as a judgment rendered by the conciliator. Any judgment rendered in such conciliation division may provide for its satisfaction by payment to the clerk of the court or to the plaintiff of either a lump sum, or by installments in such amounts and at such times as the conciliator may deem just and reasonable under the circumstances. The presiding municipal judge or the conciliator in the cause thereafter for good cause shown may alter the amount of installment payments and the time of payment of such judgments, and authorize execution or garnishment to issue thereon where it appears that the defendant has not paid according to the terms of the agreement or order.

History: Add. 1957, Act 101, Eff. Sept. 27, 1957
Mich. Comp. Laws § 38.1072 — MI Code / Chapter 38 / Act Act-261-of-1957 / Section 38.1072
Individual becoming legislator or lieutenant governor on or after March 31, 1997; notice of election.
Status: in_force

Sec. 72.

An individual who first becomes a legislator or lieutenant governor on or after March 31, 1997 may irrevocably elect not to become a qualified participant of Tier 2 or may irrevocably elect to discontinue participation in Tier 2 by filing written notice of the election with the state treasurer. Upon receipt of the election, his or her employer shall not contribute any percentage of salary under section 74 for the individual who makes either election.

History: Add. 1996, Act 486, Eff. Mar. 31, 1997