FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 400.43a — MI Code / Chapter 400 / Act Act-280-of-1939 / Section 400.43a
Definitions; recovery of overpayments; overpayment as result of criminal act; waiver; report of cost effectiveness.
Status: in_force

Sec. 43a.

As used in this section:

"Overpayment" means the difference between the amount of assistance to which an individual is entitled under this act and the amount of assistance actually received by that individual.

"Public assistance recipient" means an individual who is receiving, or who did receive, assistance under this act.

The state department shall take all necessary steps to recover an overpayment made to a public assistance recipient, including, but not limited to, administrative action or action in a court of competent jurisdiction. Procedures for the recovery of overpayments made under federally assisted programs shall be consistent with federal law and regulations.

This section does not limit or prevent the criminal prosecution of an individual who has received an overpayment as a result of fraud or other criminal act.

In the case of an individual who is no longer a public assistance recipient, the state department may waive recovery of an overpayment if the cost of recovery is equal to or greater than the amount of the overpayment or if the error was made by the department. Except as prohibited by federal law or regulation, the state department may waive recovery of an overpayment if the recovery would result in undue hardship to the public assistance recipient, as determined by the state department.

The state department shall report annually to the legislature on the cost effectiveness of the recovery of overpayments described in this section.

History: Add. 1993, Act 41, Imd. Eff. May 27, 1993
Mich. Comp. Laws § 600.316 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.316
Process issued by court of appeals; service; court order prohibiting disclosure of party's address or contacting another party; service on protected party.
Status: in_force

Sec. 316.

(1) Process issued by the court of appeals may be served by any member of the Michigan state police or by any other officer or individual authorized to serve process issued by a circuit court.

(2) If a court order has been entered in an action appealed to the court of appeals that prohibits the disclosure of the address of a party to the action or that prohibits a party to the action from contacting another party to the action, a party shall serve process or papers in the appeal that are required to be served directly on the protected party by delivering sufficient extra copies of the process or papers to the clerk of the court of appeals with a request that the clerk, a sheriff, deputy sheriff, or police officer, or an appointed court officer serve the process or papers on the protected party. The clerk, sheriff, deputy sheriff, police officer, or court officer shall serve process or papers received under this subsection at 1 of the following:

(a) The confidential address provided by the protected party to the court under Michigan court rules.

(b) If a confidential address has not been provided under subdivision (a), the last known address of the protected party as provided by the trial court.

History: Add. 1964, Act 281, Imd. Eff. June 11, 1964; Am. 2016, Act 91, Eff. July 25, 2016
Mich. Comp. Laws § 435.141 — MI Code / Chapter 435 / Act Act-121-of-1972 / Section 435.141
Casimir Pulaski Day.
Status: in_force

Sec. 1.

October 11 of each year shall be known as the "Casimir Pulaski Day".

History: 1972, Act 121, Imd. Eff. Apr. 27, 1972
Mich. Comp. Laws § 445.1676 — MI Code / Chapter 445 / Act Act-173-of-1987 / Section 445.1676
Laws to which mortgage loan subject.
Status: in_force

Sec. 26.

Notwithstanding the place of execution, nominal or real, of a mortgage loan, if the real property is located in this state, the mortgage loan is subject to this act and all other applicable laws of this state.

History: 1987, Act 173, Imd. Eff. Nov. 18, 1987
Mich. Comp. Laws § 445.502 — MI Code / Chapter 445 / Act Act-232-of-1937 / Section 445.502
Township used car lot; resolution; license, fee, application; rules; licensee, sworn statement, mailing.
Status: in_force

Sec. 2.

The township board of any township is hereby authorized and may adopt a resolution providing for the licensing of used car lots. In such regulations the township board may prescribe the amount of an annual license fee which shall not exceed 100 dollars. The township board shall prescribe the form of an application for such license. The township board is hereby authorized to adopt rules, regulations and conditions for the operation of used car lots, which in the discretion of said board will best protect the public health, interests and general welfare of the township, and the board shall specify the date when such resolution and the rules, regulations and conditions shall take effect. The licensee shall, at least once each month, prepare and mail to the commissioner of the Michigan state police at East Lansing, Michigan, and the secretary of state at Lansing, Michigan, a sworn statement of all purchases and sales made by the said licensee. The township board may in its discretion, for just cause, refuse to grant the license provided for in this act.

History: 1937, Act 232, Eff. Oct. 29, 1937; CL 1948, 445.502
Mich. Comp. Laws § 390.1304 — MI Code / Chapter 390 / Act Act-228-of-1976 / Section 390.1304
Eligibility for scholarship.
Status: in_force

Sec. 4.

A person is eligible for a scholarship award if the person meets all of the following qualifications:

Has resided in this state continuously for the preceding 12 months and is not considered a resident of any other state.

Has not graduated from high school at the time of the scholarship examination.

Enrolls in a recognized postsecondary educational institution within 4 years after graduation from high school.

Is not enrolled in an institution whose primary purpose is to prepare students for ordination or appointment as a member of the clergy of a church, denomination, or religious association, order, or sect.

History: 1976, Act 228, Imd. Eff. Aug. 4, 1976; Am. 1980, Act 386, Eff. July 1, 1981; Am. 2004, Act 182, Imd. Eff. July 1, 2004
Mich. Comp. Laws § 257.746 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.746
Informal hearing; procedure.
Status: in_force

Sec. 746.

(1) An informal hearing shall be conducted by a district court magistrate when authorized by the judge or judges of the district court district or by a judge of a court listed in section 741(2). A district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law at an informal hearing. The judge or district court magistrate shall conduct the informal hearing in an informal manner so as to do substantial justice according to the rules of substantive law but shall not be bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications. There shall not be a jury at an informal hearing. A verbatim record of an informal hearing shall not be required.

(2) At an informal hearing the person cited may not be represented by an attorney nor may the plaintiff be represented by the prosecuting attorney or attorney for a political subdivision.

(3) Notice of a scheduled informal hearing shall be given to the citing police agency, which agency may subpoena witnesses for the plaintiff. The defendant may also subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the district court for the place where the hearing occurs, by the city or village when the hearing involves an ordinance violation in a district where the district court is not functioning, or by the county when the hearing involves a violation of this act in a district where the district court is not functioning.

(4) If the judge or district court magistrate determines by a preponderance of the evidence that the person cited is responsible for a civil infraction, the judge or magistrate shall enter an order against the person as provided in section 907. Otherwise, a judgment shall be entered for the defendant, but the defendant shall not be entitled to costs of the action.

(5) The plaintiff and defendant shall be entitled to appeal an adverse judgment entered at an informal hearing. An appeal from a municipal judge shall be a trial de novo in the circuit court. In other instances an appeal shall be de novo in the form of a scheduled formal hearing as follows:

(a) The appeal from a judge of the district court shall be heard by a different judge of the district.

(b) The appeal from a district court magistrate shall be heard by a judge of the district.

History: Add. 1978, Act 510, Eff. Aug. 1, 1979; Am. 1979, Act 66, Eff. Aug. 1, 1979; Am. 1980, Act 426, Imd. Eff. Jan. 13, 1981; Am. 2006, Act 298, Imd. Eff. July 20, 2006
Mich. Comp. Laws § 500.464 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.464
Additional deposits by domestic insurers.
Status: in_force

Sec. 464.

Whenever a domestic insurer desiring to do business in any other state or in any foreign country is required to make or maintain a deposit of cash or securities or both in some state other than or in addition to the deposit required to be made with the state treasurer under this act, the other or additional deposit may be made and maintained with the treasurer of this state.

Deposits by insurers with the state treasurer pursuant to this act or in compliance with the law of another state or a foreign country, shall be held for the purposes specified in the applicable law. Special deposits by insurers with the state treasurer shall be held for the purposes specified by the insurer in making the deposit.

Securities deposited with the state treasurer shall be indorsed to bearer or to the state treasurer in the name of his office. The state treasurer shall not enforce, sell or assign securities except when necessary to fulfill the purposes of the deposit and except to return the securities to the depositing insurer when return is permitted.

The insurer may collect and receive dividends and interest on the securities deposited with the state treasurer and may exchange securities for other acceptable securities.

If the market value of securities held by the state treasurer becomes less than the required amount of the deposit, the commissioner may suspend or revoke the authority of the insurer to transact insurance in this state until the deficiency has been covered by the deposit of additional acceptable securities.

Deposits required by this act may be released to the depositing insurer to the extent the insurer demonstrates to the satisfaction of the commissioner that the deposited securities are no longer necessary to cover the obligations of the insurer, if the insurer no longer is transacting business within the state. Other deposits or portions of other deposits may be released to the depositing insurer at any time to the extent that the insurer has demonstrated to the satisfaction of the commissioner that the deposited securities no longer are necessary to satisfy the purposes of the deposit.

History: Add. 1972, Act 360, Imd. Eff. Jan. 9, 1973
Mich. Comp. Laws § 438.33 — MI Code / Chapter 438 / Act Act-326-of-1966 / Section 438.33
Repeal.
Status: in_force

Sec. 3.

Act No. 156 of the Public Acts of 1891, as amended, being sections 438.51 to 438.53 of the Compiled Laws of 1948, is repealed.

History: 1966, Act 326, Eff. Mar. 10, 1967
Mich. Comp. Laws § 35.1213 — MI Code / Chapter 35 / Act Act-363-of-2004 / Section 35.1213
Military family relief fund; creation as separate fund; expenditures; amounts credited; investment; availability of funds for disbursement; lapse.
Status: in_force

Sec. 3.

(1) The military family relief fund is created as a separate fund in the department to offer grants to provide assistance to families of qualified individuals.

(2) The military family relief fund shall be expended only as provided in this act.

(3) The state treasurer shall credit to the fund all amounts designated for the fund pursuant to section 438 of the income tax act of 1967, 1967 PA 281, MCL 206.438.

(4) The state treasurer shall direct the investment of the fund money in the same manner as other funds are invested. The state treasurer shall credit to the fund the interest and earnings from the fund.

(5) Money deposited, funds granted, or funds received as gifts or donations to the fund shall be available for disbursement when deposited.

(6) Money in the fund at the close of the state fiscal year shall remain in the fund and shall not lapse to the general fund.

History: 2004, Act 363, Imd. Eff. Oct. 6, 2004
Mich. Comp. Laws § 324.30310 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.30310
Regulation by local unit of government of wetland less than 2 acres; revaluation for assessment purposes; protest and appeal; judicial review; right to initiate proceedings not limited by section.
Status: in_force

Sec. 30310.

A local unit of government that adopts an ordinance authorized under section 30307(4) shall include in the ordinance a provision that allows a landowner to request a revaluation of the affected property for assessment purposes to determine its fair market value under the use restriction if a permit is denied by a local unit of government for a proposed wetland use. A landowner who is aggrieved by a determination, action, or inaction under this subsection may protest and appeal that determination, action, or inaction pursuant to the general property tax act, Act No. 206 of the Public Acts of 1893, being sections 211.1 to 211.157 of the Michigan Compiled Laws.

If a permit applicant is aggrieved by a determination, action, or inaction by the local unit of government regarding the issuance of a permit, that person may seek judicial review in the same manner as provided in the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

This section does not limit the right of a wetland owner to institute proceedings in any circuit of the circuit court of the state against any person when necessary to protect the wetland owner's rights.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 168.108 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.108
United States senator; removal from office.
Status: in_force

Sec. 108.

Any United States senator may be removed from office as provided in section 5 of article 1 of the United States constitution.

History: 1954, Act 116, Eff. June 1, 1955
Mich. Comp. Laws § 409.123 — MI Code / Chapter 409 / Act Act-90-of-1978 / Section 409.123
Repeal of MCL 409.1 to 409.30 and 380.1597.
Status: in_force

Sec. 23.

Act No. 157 of the Public Acts of 1947, as amended, being sections 409.1 to 409.30 of the Compiled Laws of 1970, is repealed.

Section 1597 of Act No. 451 of the Public Acts of 1976, being section 380.1597 of the Compiled Laws is repealed.

History: 1978, Act 90, Eff. June 1, 1978
Mich. Comp. Laws § 552.2713 — MI Code / Chapter 552 / Act Act-255-of-2015 / Section 552.2713
Filing of record in original language; English translation.
Status: in_force

Sec. 713.

A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must be accompanied by an English translation.

History: 2015, Act 255, Eff. Jan. 1, 2016
Mich. Comp. Laws § 493.101 — MI Code / Chapter 493 / Act Act-379-of-1984 / Section 493.101
Definitions.
Status: in_force

Sec. 1.

As used in this act:

(a) "Commissioner" means the director of the department of insurance and financial services or his or her authorized representative.

(b) "Licensee" means a person that is licensed under this act.

(c) "Person" means an individual, corporation, limited liability company, partnership, association, or other legal entity.

(d) "Credit card arrangement" means a loan or extension of credit that meets all of the following:

( i ) Is unsecured.

( ii ) Is made for a personal, family, or household purpose.

( iii ) Is made to the holder of a credit card or charge card who is an individual.

( iv ) Requires use of a credit card or charge card authorized under this act to access the proceeds of the loan or extension of credit.

(e) "Credit card" or "charge card" means any card or device that is issued by a licensee under a credit card arrangement that allows the cardholder to obtain credit from the card issuer or any other person to purchase or lease property or services, obtain a loan or credit, or for any other purpose.

(f) "Truth in lending act" means the truth in lending act, 15 USC 1601 to 1667f.

History: 1984, Act 379, Imd. Eff. Dec. 28, 1984; Am. 2020, Act 76, Imd. Eff. Apr. 2, 2020
Mich. Comp. Laws § 333.2678 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2678
Rules.
Status: in_force

Sec. 2678.

The department shall promulgate rules to implement section 2637 and may promulgate rules to implement this part including the establishment of fees, standards pertaining to unclaimed bodies, or parts thereof, standards pertaining to the use of animals for experimental purposes, and the implementation of sections 2616 and 2617.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 213.132 — MI Code / Chapter 213 / Act Act-119-of-1919 / Section 213.132
Attorney fees; expenses, costs; payment by municipality.
Status: in_force

Sec. 22.

All the expenses and costs of the proceedings to take and use private property under this act incurred by the city shall be paid out of the general fund, contingent fund, or a fund provided for such purposes, as the case may be; and it shall be lawful for the judge in any case to order the payment by the city to any respondent of such a reasonable attorney fee as he may deem just not exceeding 25 dollars, which may be taxed with the costs.

History: 1919, Act 119, Eff. Aug. 14, 1919; CL 1929, 3832; CL 1948, 213.132
Mich. Comp. Laws § 168.959 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.959
Recall of senators, representatives, elective state officers, county officials, or secretary of state; filing petitions.
Status: in_force

Sec. 959.

Petitions demanding the recall of United States senators, members of congress, state senators and representatives in the state legislature, elective state officers except the secretary of state, and county officials except county commissioners, shall be filed with the secretary of state. Petitions for the recall of the secretary of state shall be filed with the governor.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1976, Act 66, Imd. Eff. Apr. 2, 1976
Mich. Comp. Laws § 206.669 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.669
Receipts; sourcing.
Status: in_force

Sec. 669.

All other receipts not otherwise sourced under this part shall be sourced based on where the benefit to the customer is received or, if where the benefit to the customer is received cannot be determined, to the customer's billing address.

History: Add. 2011, Act 38, Eff. Jan. 1, 2012
Mich. Comp. Laws § 324.16303 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.16303
Violation as misdemeanor; penalty.
Status: in_force

Sec. 16303.

A person who violates this part is guilty of a misdemeanor punishable by a fine of $500.00 for each day this part is violated.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 257.312k — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.312k
Commercial driver licenses; medical certifications; hazardous material endorsements; pandemic expiration extension.
Status: in_force

Sec. 312k.

(1) Notwithstanding any other provisions in this act, all of the following apply:

(a) A commercial driver license that expires on or after March 1, 2020 is valid until March 31, 2021. A commercial driver license that expires after March 31, 2021 but before August 1, 2021 is valid until 120 days after the date of the expiration.

(b) Medical certification for operator's or chauffeur's license holders with a group designation required under 49 CFR 391.45 that expires on or after March 1, 2020 is valid until March 31, 2021. Medical certification for operator's or chauffeur's license holders with a group designation required under 49 CFR 391.45 that expires after March 31, 2021 but before August 1, 2021 is valid until 120 days after the date of the expiration. This subdivision does not apply to either of the following:

( i ) A medical certification for operator's or chauffeur's license holders with a group designation required under 49 CFR 391.45 that was not valid before March 1, 2020.

( ii ) An individual issued a medical certification for operator's or chauffeur's license holders with a group designation required under 49 CFR 391.45 who, since his or her last medical certificate was issued, has been diagnosed with a medical condition that would disqualify the individual from operating in interstate commerce, or who, since his or her last medical certificate was issued, has developed a condition that requires an exemption or Skill Performance Evaluation from the Federal Motor Carrier Safety Administration.

(c) Hazardous material endorsements that expire on or after March 1, 2020 are valid until October 29, 2020. A security threat assessment required under 49 CFR 1572.13(a) that is valid on or after March 1, 2020 is valid until October 29, 2020. An individual with a hazardous material endorsement that is extended for 180 days under this subdivision must initiate a security threat assessment with the National Highway Traffic Safety Administration at least 60 days before the expiration of the hazardous material endorsement.

(2) This section does not affect the secretary of state's authority to revoke or suspend an operator's or chauffeur's license or a group designation or indorsement under this act.

History: Add. 2020, Act 127, Imd. Eff. July 1, 2020; Am. 2020, Act 241, Eff. Oct. 28, 2020; Am. 2020, Act 304, Imd. Eff. Dec. 29, 2020; Am. 2021, Act 71, Imd. Eff. July 29, 2021
Mich. Comp. Laws § 493.114 — MI Code / Chapter 493 / Act Act-379-of-1984 / Section 493.114
Exemptions; credit card or charge card issued prior to effective date of act.
Status: in_force

Sec. 14.

A state or national bank, state or federal savings and loan association, state or federal credit union, or a retail seller or other creditor under Act No. 224 of the Public Acts of 1966, being sections 445.851 to 445.873 of the Michigan Compiled Laws, shall not be subject to the provisions of this act except that, to the extent such a lender is authorized by law to use the rate authority provided in this act and uses the rate authority provided in section 10, the lender shall also comply with the other provisions of section 10 and with section 11.

A person holding a credit card or charge card issued prior to the effective date of this act may continue to use the credit card or charge card according to the terms of the contract until modified as permitted under this act and shall continue to be liable for loans or credit extended pursuant to any such contract.

History: 1984, Act 379, Imd. Eff. Dec. 28, 1984
Mich. Comp. Laws § 324.5415 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.5415
Annual establishment of interest rates.
Status: in_force

Sec. 5415.

The department shall annually establish the interest rates to be assessed for projects receiving assistance under this part. In establishing interest rates under this section, the department may provide for a different level of subsidy for projects. The interest rates must be in effect for loans made during the next state fiscal year. The interest rates must be in effect for loans made during the next state fiscal year.

History: Add. 1997, Act 26, Imd. Eff. June 17, 1997; Am. Act 132, Imd. Eff. June 30, 2022