FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 30.405 — MI Code / Chapter 30 / Act Act-390-of-1976 / Section 30.405
Additional powers of governor; prohibition; disobeying or interfering with rule, order, or directive as misdemeanor.
Status: in_force

Sec. 5.

(1) In addition to the general authority granted to the governor by this act, the governor may, upon the declaration of a state of disaster or a state of emergency do 1 or more of the following:

(a) Suspend a regulatory statute, order, or rule prescribing the procedures for conduct of state business, when strict compliance with the statute, order, or rule would prevent, hinder, or delay necessary action in coping with the disaster or emergency. This power does not extend to the suspension of criminal process and procedures.

(b) Utilize the available resources of the state and its political subdivisions, and those of the federal government made available to the state, as are reasonably necessary to cope with the disaster or emergency.

(c) Transfer the direction, personnel, or functions of state departments, agencies, or units thereof for the purpose of performing or facilitating emergency management.

(d) Subject to appropriate compensation, as authorized by the legislature, commandeer or utilize private property necessary to cope with the disaster or emergency.

(e) Direct and compel the evacuation of all or part of the population from a stricken or threatened area within the state if necessary for the preservation of life or other mitigation, response, or recovery activities.

(f) Prescribe routes, modes, and destination of transportation in connection with an evacuation.

(g) Control ingress and egress to and from a stricken or threatened area, removal of persons within the area, and the occupancy of premises within the area.

(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles.

(i) Provide for the availability and use of temporary emergency housing.

(j) Direct all other actions which are necessary and appropriate under the circumstances.

(2) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms or ammunition.

(3) A person who willfully disobeys or interferes with the implementation of a rule, order, or directive issued by the governor pursuant to this section is guilty of a misdemeanor.

History: 1976, Act 390, Imd. Eff. Dec. 30, 1976; Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990; Am. 2006, Act 545, Imd. Eff. Dec. 29, 2006
Mich. Comp. Laws § 484.2203a — MI Code / Chapter 484 / Act Act-179-of-1991 / Section 484.2203a
Resolution of complaint by alternative means.
Status: in_force

Sec. 203a.

(1) For all complaints involving a dispute of $1,000.00 or less, a dispute under section 203(14), or upon the consent of all parties after the complaint is filed, for a period of 60 days after the date the complaint is filed under section 203, the parties shall attempt alternative means of resolving the complaint.

(2) Any alternative means that will result in a recommended settlement may be used that is agreed to by the principal parties of record, including, but not limited to, settlement conferences, mediation, and other informal dispute resolution methods. If the parties cannot agree on an alternative means within 10 days after the date the complaint is filed, the commission shall order mediation. Within the 60-day period required under subsection (1), a recommended settlement shall be made to the parties.

(3) Within 7 days after the date of the recommended settlement, each party shall file with the commission a written acceptance or rejection of the recommended settlement. If the parties accept the recommendation, then the recommendation shall become the final order in the contested case under section 203.

(4) If a party rejects or fails to respond within 7 days to the recommended settlement, then the application or complaint shall proceed to a contested case hearing under section 203.

(5) The party that rejects the recommended settlement shall pay the opposing party's actual costs of proceeding to a contested case hearing, including attorney fees, unless the final order of the commission is more favorable to the rejecting party than the recommended settlement under this section. A final order is considered more favorable if it differs by 10% or more from the recommended settlement in favor of the rejecting party.

(6) If the recommendation is not accepted under subsection (3), the individual commissioners shall not be informed of the recommended settlement until they have issued their final order under section 203.

(7) An attempt to resolve a contested case under this section is exempt from the requirements of section 203 and the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

History: Add. 1995, Act 216, Imd. Eff. Nov. 30, 1995; Am. 2000, Act 295, Imd. Eff. July 17, 2000; Am. 2005, Act 235, Imd. Eff. Nov. 22, 2005
Mich. Comp. Laws § 324.19112 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.19112
Waste-to-energy capital grant program.
Status: in_force

Sec. 19112.

The department shall establish a waste-to-energy capital grant program. The program shall provide funding for the capital costs of waste-to-energy programs undertaken by municipalities, nonprofit private entities, or private entities. The department shall make the grants described in this section.

The department shall not make a waste-to-energy capital grant unless all of the following conditions are met:

The proposed waste-to-energy project is located in a county that has an approved solid waste management plan.

The proposed waste-to-energy project is consistent with the approved solid waste management plan.

The applicant provides either a feasibility study with positive results supportive of project initiation or sufficient data justifying project expansion.

The department shall consider the following factors in selecting recipients for waste-to-energy capital grants:

The likelihood of project success as indicated by the feasibility study results.

The availability of an appropriate site.

A demonstration by the applicant that the materials to be collected or processed, or both, are not being recovered presently.

The business and accounting plans for the proposed waste-to-energy project.

The need for a new or expanded waste-to-energy program in the area to be served, relative to the needs of other areas.

The extent to which selection of the waste-to-energy program contributes to the achievement of a balanced distribution of grants throughout the state.

A demonstration by the applicant that land, buildings, personnel, support services, or funds have been committed to the waste-to-energy project.

The portion of the waste stream that is projected to be diverted from landfills, compared to the projected costs of the waste-to-energy project.

The potential of the waste-to-energy project to be replicated in similar areas of the state.

The department shall not dispense a waste-to-energy capital grant unless all the permits that are required by this part and otherwise required by state law and that are specifically applicable to the nature of the proposed project have been obtained.

The department shall not expend more than 30% of the total amount in the fund in any state fiscal year on the waste-to-energy capital grant program. The department shall not expend more than $2,000,000.00 for any single waste-to-energy grant made under this section.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 257.684a — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.684a
Implement of husbandry; sale; requirements; posting standards.
Status: in_force

Sec. 684a.

(1) Beginning January 1, 2007, a person shall not sell an implement of husbandry that does not comply with this section. This section does not apply to an implement of husbandry that was manufactured before January 1, 2007.

(2) An implement of husbandry shall comply with the following, which are incorporated by reference:

(a) ANSI/ASAE S276.6 JAN2005, Slow-Moving Vehicle Identification Emblem.

(b) ANSI/ASAE S279.12 DEC02, Lighting and Marking of Agricultural Equipment on Highways.

(3) The secretary of state shall post, on its website, the standards incorporated by reference under subsection (2) not later than 30 days after enactment of the amendatory act that added this section.

History: Add. 2006, Act 14, Imd. Eff. Feb. 9, 2006
Mich. Comp. Laws § 289.6133 — MI Code / Chapter 289 / Act Act-92-of-2000 / Section 289.6133
Mobile food establishment operating at fixed location; temporary license.
Status: in_force

Sec. 6133.

The director may license as a temporary food service establishment a mobile food establishment which does not return to a commissary or service base after 24 hours but continues to operate at a fixed location.

History: 2000, Act 92, Eff. Nov. 8, 2000
Mich. Comp. Laws § 830.421a — MI Code / Chapter 830 / Act Act-183-of-1964 / Section 830.421a
Liability on notes or bonds.
Status: in_force

Sec. 11a.

The members of the authority and persons executing notes or bonds shall not be liable personally on the notes or bonds, or be subject to personal liability or accountability by reason of the issuance thereof.

History: Add. 1976, Act 240, Eff. Mar. 31, 1977
Mich. Comp. Laws § 445.2a — MI Code / Chapter 445 / Act Act-101-of-1907 / Section 445.2a
Assumed name; change of business location certificate, filing.
Status: in_force

Sec. 2-a.

Whenever an assumed name concern has changed or changes its place of business, it shall be the duty of the person or persons conducting such business to file with the county clerk, with whom the certificate or renewal certificate required under the provisions of section 1 or 1a of this act was filed, a certificate stating the change in business location, which certificate shall be attached by the county clerk to the certificate or renewal certificate filed under the provisions of section 1 or 1a of this act, and, in case the business location is changed to some other county or counties in this state, to file the assumed name certificate or renewal certificate required under the provisions of section 1 or 1a of this act, with the clerk of such county, before doing any business in such county.

History: Add. 1931, Act 272, Eff. Sept. 18, 1931; CL 1948, 445.2a; Am. 1949, Act 151, Eff. Sept. 23, 1949
Mich. Comp. Laws § 32.1044 — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1044
Trial of accused twice for same offense prohibited.
Status: in_force

Sec. 44.

A person subject to this code shall not be tried a second time by a civil court or a military court of the state for the same offense.

A proceeding in which an accused is found guilty by a court-martial upon a charge or specification is not a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

A proceeding which, after the introduction of evidence but, before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without fault of the accused is a trial in the sense of this section.

History: 1980, Act 523, Eff. Mar. 31, 1981
Mich. Comp. Laws § Article V § 4 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article V § 4
Commissions or agencies for less than 2 years.
Status: in_force

Sec. 4.

Except to the extent limited or abrogated by article V, section 2 or article IV, section 6, temporary commissions or agencies for special purposes with a life of no more than two years may be established by law and need not be allocated within a principal department.

History: Const. 1963, Art. V, § 4, Eff. Jan. 1, 1964; Am. Initiated Law, approved Nov. 6, 2018, Eff. Dec. 22, 2018
Mich. Comp. Laws § 324.31703 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.31703
Duties of director or director of department of agriculture and rural development in groundwater dispute.
Status: in_force

Sec. 31703.

(1) The director or the director of the department of agriculture and rural development, as appropriate, shall, by order, declare a groundwater dispute if an investigation of a complaint discloses all of the following, based upon reasonable scientifically based evidence, and within a reasonable amount of time the director or the director of the department of agriculture and rural development, as appropriate, is unable to resolve the complaint:

(a) That the small-quantity well has failed to furnish the well's normal supply of water or failed to furnish potable water.

(b) That the small-quantity well and the well's equipment were functioning properly at the time of the failure. The determination under this subdivision shall be made based upon an assessment from a well drilling contractor that is provided by the owner of the small-quantity well.

(c) That the failure of the small-quantity well was caused by the lowering of the groundwater level in the area.

(d) That the lowering of the groundwater level exceeds normal seasonal water level fluctuations and substantially impairs continued use of the groundwater resource in the area.

(e) That the lowering of the groundwater level was caused by at least 1 high-capacity well.

(f) That the owner of the small-quantity well did not unreasonably reject a remedy proposed by the director or the director of the department of agriculture and rural development under section 31702(5).

(2) In addition to the authority under subsection (1) to declare a groundwater dispute, if the director or the director of the department of agriculture and rural development, as appropriate, has clear and convincing scientifically based evidence that indicates that continued groundwater withdrawals from a high-capacity well will exceed the recharge capability of the groundwater resource of the area, the director or the director of the department of agriculture and rural development, as appropriate, by order, may declare a groundwater dispute.

(3) The director or the director of the department of agriculture and rural development, as appropriate, may amend or terminate an order declaring a groundwater dispute at any time. Prior to amending an order declaring a groundwater dispute regarding an agricultural well under this subsection, the director of the department of agriculture and rural development shall schedule an informal meeting and provide notice of the informal meeting in the manner provided under section 31702a.

History: Add. 2012, Act 602, Imd. Eff. Jan. 9, 2013; Am. 2013, Act 86, Imd. Eff. June 28, 2013
Mich. Comp. Laws § 780.23a — MI Code / Chapter 780 / Act Act-144-of-1937 / Section 780.23a
Extradition costs; payment.
Status: in_force

Sec. 23a.

The court may order an individual who is extradited to this state for committing a crime and who is convicted of a crime to pay the actual and reasonable costs of that extradition, including, but not limited to, all of the following:

Transportation costs.

The salaries or wages of law enforcement and prosecution personnel, including overtime pay, for processing the extradition and returning the individual to this state.

History: Add. 2002, Act 584, Eff. Jan. 1, 2003
Mich. Comp. Laws § 95.5 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 95.5
Board of cemetery trustees; property management powers, duties.
Status: in_force

Sec. 5.

Said board, subject to the directions and ordinances of the council, shall have the care and management of any such cemetery or burial place or places, and shall direct the improvements and embellishments of the grounds; cause such grounds to be laid out into lots, avenues and walks; the lots to be numbered and the avenues and walks to be named and plats thereof, to be made and recorded in the office of the city clerk. Such board shall also have power in its discretion to take, receive and hold any property, real or personal, by devise or otherwise, which may be granted, transferred or devised to such board in trust for the purpose of caring for and keeping in good order and repair any given lot or lots, or portions thereof, specified in any such trust. The board shall fix the price of lots and make the sales thereof. The conveyances of such lots shall be executed on behalf of the city by the city clerk, and be recorded in his office at the expense of the purchasers.

History: 1895, Act 215, Eff. Aug. 30, 1895; CL 1897, 3136; CL 1915, 3050; CL 1929, 1974; CL 1948, 95.5
Mich. Comp. Laws § 250.1016b — MI Code / Chapter 250 / Act Act-142-of-2001 / Section 250.1016b
"Trooper Robert J. Mihalik Memorial Highway."
Status: in_force

Sec. 16b.

The portion of the Red Arrow Highway in Berrien County beginning at the intersection with Glenlord Road and extending north to the intersection with Hilltop Road shall be known as the "Trooper Robert J. Mihalik Memorial Highway".

History: Add. 2018, Act 77, Eff. June 17, 2018
Mich. Comp. Laws § 125.1607a — MI Code / Chapter 125 / Act Act-338-of-1974 / Section 125.1607a
Pledge by corporation; validity; lien; filing or recording instruments not required.
Status: in_force

Sec. 7a.

A pledge made by the corporation shall be valid and binding from the time the pledge is made. The money or property pledged and thereafter received by the corporation immediately shall be subject to the lien of the pledge without a physical delivery, filing, or further act. The lien of such a pledge shall be valid and binding as against parties having claims of any kind in tort, contract, or otherwise, against the corporation, irrespective of whether the parties have notice. Neither the resolution, the trust agreement, nor any other instrument by which a pledge is created need be filed or recorded.

History: Add. 1980, Act 501, Imd. Eff. Jan. 22, 1981
Mich. Comp. Laws § 445.305 — MI Code / Chapter 445 / Act Act-100-of-1927 / Section 445.305
Violation of act; penalty.
Status: in_force

Sec. 5.

Any person violating any of the provisions of the foregoing sections, shall be deemed guilty of a misdemeanor and punishable by any court of competent jurisdiction, by a fine of not exceeding 100 dollars or imprisonment in the county jail of the county where the offense is committed, for a period of not exceeding 90 days, or both such fine and imprisonment in the discretion of the court, together with the costs of prosecution.

History: 1927, Act 100, Eff. Sept. 5, 1927; CL 1929, 9736; CL 1948, 445.305
Mich. Comp. Laws § 38.1706 — MI Code / Chapter 38 / Act Act-46-of-1991 / Section 38.1706
Spouse under judgment of separate maintenance or former spouse considered in EDRO as surviving spouse for purpose of receiving retirement benefit; benefit amount.
Status: in_force

Sec. 6.

An EDRO may provide that a spouse under a judgment of separate maintenance or a former spouse is considered the spouse of a participant for the purpose of receiving a benefit as a surviving spouse under the retirement system. The benefit payable to a spouse under a judgment of separate maintenance or a former spouse as a surviving spouse under this section shall be computed as provided in the EDRO and the retirement system. If the amount or percentage of the benefit to be paid to a spouse under a judgment of separate maintenance or a former spouse as the surviving spouse of the participant under this section is less than the entire amount payable under the retirement system, the surviving spouse or other beneficiary of the participant, as determined under the retirement system, is entitled to receive the portion of the benefit not payable to a spouse under a judgment of separate maintenance or a former spouse under this section.

History: 1991, Act 46, Imd. Eff. June 27, 1991
Mich. Comp. Laws § 720.202 — MI Code / Chapter 720 / Act Act-194-of-1947 / Section 720.202
County public administrator; appointment, qualifications, and term; source of compensation.
Status: in_force

Sec. 2.

The state public administrator, when he deems it necessary because of the volume or nature of the duties of his office to engage assistance in the performance thereof, may appoint in any county of this state, as county public administrators, thereof and therefor, any person or persons suitable and competent to administer estates of deceased persons. Each county public administrator shall hold office at the pleasure of the state public administrator and shall be appointed to act as county public administrator only in and of the county in which he maintains his legal residence or principal place of business. A county public administrator shall not receive a salary or other emoluments of office but shall, when appointed fiduciary of an estate by virtue of this act, be allowed all necessary expenses incurred in the administration thereof, together with other fees, compensation, and allowances authorized by statute and by order of the judge of probate to be paid the fiduciary out of the estate, all of which expenses, fees, compensation, and allowances shall be paid out of the corpus of the estate administered. In a county of this state in which there is no person both suitable and willing to act as a county public administrator in and for the county, the state public administrator may appoint the county public administrator of an adjoining county to act in that county.

History: 1947, Act 194, Imd. Eff. June 12, 1947; CL 1948, 720.202; Am. 1976, Act 180, Imd. Eff. July 1, 1976
Mich. Comp. Laws § 445.2075 — MI Code / Chapter 445 / Act Act-186-of-2012 / Section 445.2075
Plastic bulk merchandise container transaction; duties of dealer; sale by individual.
Status: in_force

Sec. 5.

(1) A dealer that purchases 10 or more plastic bulk merchandise containers from a person in a single transaction shall do all of the following:

(a) Pay the seller of that container by check or with a similar financial instrument. A dealer may not purchase 10 or more plastic bulk merchandise containers for cash in a single transaction or as part of a barter or other similar trade transaction.

(b) Verify that the seller is at least 16 years of age.

(2) An individual shall not sell a plastic bulk merchandise container to a dealer unless he or she does all of the following at the time of sale:

(a) Presents to the dealer an operator's or chauffeur's license, military identification card, Michigan identification card, passport, or other government-issued identification document that includes a photograph and allows the dealer to make a photocopy or electronic copy of that document.

(b) Executes a written statement that certifies that the seller owns or is otherwise authorized to sell the plastic bulk merchandise container to the dealer and that the seller has not been convicted of a crime involving the theft, conversion, or sale of bulk plastic merchandise containers.

History: 2012, Act 186, Eff. Dec. 18, 2012
Mich. Comp. Laws § 12.113 — MI Code / Chapter 12 / Act Act-496-of-1988 / Section 12.113
Unified volume limitation and allotment thereof; determination; publication.
Status: in_force

Sec. 3.

Each year, the treasurer shall determine the unified volume limitation and the allotment of the unified volume limitation for the following calendar year and shall publish that determination in 3 newspapers of general circulation in different parts of the state, 1 of which is published in the Upper Peninsula.

History: 1988, Act 496, Eff. Mar. 30, 1989