FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 445.1592 — MI Code / Chapter 445 / Act Act-67-of-2012 / Section 445.1592
Definitions.
Status: in_force

Sec. 2.

As used in this act:

(a) "Nonrecourse carveout" means a specific exception, if any, to the nonrecourse provisions set forth in the loan documents for a nonrecourse loan that has the effect of creating, if specified events occur, personal liability of the borrower or a guarantor or other surety of the loan for all or some amounts owed to the lender.

(b) "Nonrecourse loan" means a commercial loan secured by a mortgage on real property located in this state and evidenced by loan documents that meet any of the following:

( i ) Provide that the lender will not enforce the liability or obligation of the borrower by an action or proceeding in which a money judgment is sought against the borrower.

( ii ) Provide that any judgment in any action or proceeding on the loan is enforceable against the borrower only to the extent of the borrower's interest in the mortgaged property and other collateral security given for the loan.

( iii ) Provide that the lender will not seek a deficiency judgment against the borrower.

( iv ) Provide that there is no recourse against the borrower personally for the loan.

( v ) Include any combination of subparagraphs ( i ) to ( iv ) or any other provisions to the effect that the loan is without personal liability to the borrower beyond the borrower's interest in the mortgaged property and other collateral security given for the loan.

(c) "Nonrecourse provisions" means 1 or more of the provisions described in subdivision (b)( i ) to ( v ), whether or not the loan is subject to a nonrecourse carveout or carveouts.

(d) "Post closing solvency covenant" means any provision of the loan documents for a nonrecourse loan, whether expressed as a covenant, representation, warranty, or default, that relates solely to the solvency of the borrower, including, without limitation, a provision requiring that the borrower maintain adequate capital or have the ability to pay its debts, with respect to any period of time after the date the loan is initially funded. The term does not include a covenant not to file a voluntary bankruptcy or other voluntary insolvency proceeding or not to collude in an involuntary proceeding.

History: 2012, Act 67, Imd. Eff. Mar. 29, 2012
Mich. Comp. Laws § 488.31 — MI Code / Chapter 488 / Act Act-322-of-1978 / Section 488.31
Effective date.
Status: in_force

Sec. 31.

This act shall take effect January 1, 1979.

History: 1978, Act 322, Eff. Jan. 1, 1979
Mich. Comp. Laws § 462.24 — MI Code / Chapter 462 / Act Act-300-of-1909 / Section 462.24
Orders of commission; rescission or amendment.
Status: in_force

Sec. 24.

The commission may, at any time upon application of any person or any common carrier, and upon at least 10 days' notice to the parties interested, including the common carrier, and after opportunity to be heard as provided in section 22, rescind, alter or amend any order fixing any rate or rates, fares, charges or classifications, or any other order made by the commission, and certified copies shall be served and take effect as herein provided for original orders.

History: 1909, Act 300, Eff. Sept. 1, 1909; CL 1915, 8132; CL 1929, 11040; CL 1948, 462.24
Mich. Comp. Laws § 207.606 — MI Code / Chapter 207 / Act Act-438-of-1976 / Section 207.606
Exemptions from ad valorem real and personal property taxes; determination, collection, assessment, and disbursement of commercial housing facilities tax; lien; waiver.
Status: in_force

Sec. 6.

A new facility for which a commercial housing facilities exemption certificate is in effect, but not the land on which the new facility is located, shall be exempt from ad valorem real and personal property taxes imposed under Act No. 206 of the Public Acts of 1893, as amended, being sections 211.1 to 211.157 of the Michigan Compiled Laws, for the period beginning on the effective date of the certificate and continuing so long as the commercial housing facilities exemption certificate is in force.

The owner of a new facility exempt from the ad valorem real and personal property taxes as provided in this section shall pay an annual specific tax to be known as the commercial housing facilities tax which shall be determined by multiplying the state equalized value of the new facility, not including the land, by 1/2 of the total mills levied as ad valorem taxes for that year by all taxing units within which the facility is situated. The commercial housing facilities tax shall be collected, assessed, and disbursed in the same manner as provided for the collection, assessment, and disbursement of the commercial facilities tax in section 12(5) of Act No. 255 of the Public Acts of 1978, being section 207.662 of the Michigan Compiled Laws, and shall be a lien on the real property to which the certificate is applicable, until paid, in the same manner as provided in section 13 of Act No. 255 of the Public Acts of 1978, being section 207.663 of the Michigan Compiled Laws. The legislative body of the local governmental unit may waive the payment of the commercial housing facilities tax on new facilities. The issuance of a commercial housing facilities exemption certificate may be made conditional upon the annual payment of the commercial housing facilities tax imposed pursuant to this section.

The lessee, occupant, user, or person in possession of the new facility for which a commercial housing facilities exemption certificate is in effect shall be exempt from ad valorem taxes imposed under Act No. 189 of the Public Acts of 1953, as amended, being sections 211.181 to 211.182 of the Michigan Compiled Laws, for the same period.

History: 1976, Act 438, Imd. Eff. Jan. 13, 1977; Am. 1980, Act 42, Imd. Eff. Mar. 17, 1980
Mich. Comp. Laws § 324.42707 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.42707
Purchase of and title to state-owned game; price.
Status: in_force

Sec. 42707.

If wild, state owned game animals are present on land that is covered by a license, the applicant may purchase the state owned game from the state and secure title to the game. Except as otherwise provided in this section, the price to be paid for the game shall be fixed by the department, but the price shall not exceed the market value that the game have for breeding purposes. However, the price of deer purchased from the state shall be $250.00 per deer.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 486.56 — MI Code / Chapter 486 / Act Act-39-of-1883 / Section 486.56
Board of directors; majority control.
Status: in_force

Sec. 6.

A majority of the directors shall be a board for the transaction of business, and the acts of a majority of the board shall bind the corporation.

History: 1883, Act 39, Imd. Eff. Apr. 21, 1883; How. 3895f; CL 1897, 6794; CL 1915, 8894; CL 1929, 11829; CL 1948, 486.56
Mich. Comp. Laws § 712A.17a — MI Code / Chapter 701 / Act Act-288-of-1939 / Section 712A.17a
Hearing; record; transcription.
Status: in_force

Sec. 17a.

In any case in which a record of the hearing is kept by a recording device, a transcription of the hearing need not be made in the absence of a request by an interested party. The recording of the hearing shall be maintained as prescribed by rules of the supreme court.

History: Add. 1969, Act 95, Imd. Eff. July 24, 1969; Am. 2014, Act 307, Imd. Eff. Oct. 10, 2014
Mich. Comp. Laws § 290.451 — MI Code / Chapter 290 / Act Act-158-of-1964 / Section 290.451
Definitions.
Status: in_force

Sec. 1.

As used in this act:

"Potatoes" means any variety of Irish potatoes in fresh form included in the species solanum tuberosum.

"Grower" means a person engaged in the business of growing and producing potatoes.

"Wholesale potato dealer" means a person who buys potatoes in wholesale lots directly from a grower or grower cooperative or who sells or handles those potatoes in wholesale lots for the purpose of processing or resale to other wholesale potato dealers, retailers, restaurants, hotels, institutions, or hospitals.

"Person" means a corporation, company, association, cooperative organization, partnership, individual, or other legal entity.

"Due date" in case of a sale means not more than 30 days after the date of delivery of potatoes by a seller to a wholesale potato dealer. In case of a consignment it means not more than 30 days after the date the sale is made by the wholesale potato dealer, unless an agreement for extension of credit has been made between the seller and the purchaser at the time of sale or consignment in writing or unless prompt cash payment on delivery is specified.

"Director" means the director of the department of agriculture and his or her authorized agents and representatives.

"Financial institution" means a commercial bank whose deposits are insured by the federal deposit insurance corporation or a national bank for cooperatives subject to the farm credit act of 1971, Public Law 92-181, 85 Stat. 583.

"Grower cooperative" means an organization of growers or a division of an organization of growers, or a federation of cooperatives of growers engaged in the marketing, bargaining, shipping, or processing functions of potatoes on behalf of its members or nonmembers who are the producers of potatoes.

History: 1964, Act 158, Eff. Aug. 28, 1964; Am. 1965, Act 88, Imd. Eff. June 28, 1965; Am. 1967, Act 160, Eff. Nov. 2, 1967; Am. 1968, Act 63, Eff. May 31, 1968; Am. 1978, Act 4, Imd. Eff. Feb. 7, 1978; Am. 1992, Act 171, Eff. Oct. 20, 1992
Mich. Comp. Laws § 324.50520 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.50520
Property and income of authority; exemption from taxes and special assessments; bonds or notes exempt from taxation.
Status: in_force

Sec. 50520.

Property of the authority is public property devoted to an essential public and governmental function and purpose. Income of the authority is considered to be for a public purpose. The property of the authority and its income and operation are exempt from all taxes and special assessments of the state or a political subdivision of the state. Bonds or notes issued by the authority, and the interest on and income from those bonds and notes, are exempt from all taxation of the state or a political subdivision of the state.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 38.558 — MI Code / Chapter 38 / Act Act-345-of-1937 / Section 38.558
Refunds of salary contributions.
Status: in_force

Sec. 8.

Refunds of salary contributions:

If a fire fighter or police officer dies before being placed on pension, the total amount of the member's salary deductions, with interest as the board may determine, but not to exceed 2% per annum, shall be payable to the person or persons that the member nominated by written designation duly executed and filed with the board. If there is no designated person or persons surviving, then the total of the member's salary deductions shall be paid to the member's legal representative or estate.

If a fire fighter or police officer becomes separated from the service before being eligible for retirement, the member shall be paid the total of the member's contributions together with interest as the board may determine, but not to exceed 2% per annum credited to the member upon his or her written request for a refund. If the person again becomes employed by the city, village, or municipality as a police officer or fire fighter, he or she shall, within 1 year following his or her reemployment, repay to the retirement system the amount previously withdrawn together with interest at 2% per year.

History: 1937, Act 345, Eff. Oct. 29, 1937; Am. 1939, Act 210, Eff. Sept. 29, 1939; Am. 1947, Act 229, Imd. Eff. June 17, 1947; CL 1948, 38.558; Am. 1951, Act 16, Imd. Eff. Mar. 30, 1951; Am. 1957, Act 52, Eff. Sept. 27, 1957; Am. 1989, Act 7, Imd. Eff. May 3, 1989
Mich. Comp. Laws § 440.9303 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.9303
Law governing perfection and priority of security interests in goods covered by certificate of title.
Status: in_force

Sec. 9303.

This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor.

Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.

The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1998, Act 278, Imd. Eff. July 27, 1998; Am. 2000, Act 348, Eff. July 1, 2001
Mich. Comp. Laws § 324.35319 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.35319
Environmental assessment; contents.
Status: in_force

Sec. 35319.

The zoning ordinance shall provide that if an environmental assessment is required under section 35313, that assessment shall include the following information concerning the site of the proposed use:

(a) The name and address of the applicant.

(b) A description of the applicant's proprietary interest in the site.

(c) The name, address, and professional qualifications of the person preparing the environmental assessment and his or her opinion as to whether the proposed development of the site is consistent with protecting features of environmental sensitivity and archaeological or historical significance that may be located on the site.

(d) The description and purpose of the proposed use.

(e) The location of existing utilities and drainageways.

(f) The general location and approximate dimensions of proposed structures.

(g) Major proposed change of land forms such as new lakes, terracing, or excavating.

(h) Sketches showing the scale, character, and relationship of structures, streets or driveways, and open space.

(i) Approximate location and type of proposed drainage, water, and sewage facilities.

(j) Legal description of property.

(k) A physical description of the site, including its dominant characteristics, its vegetative character, its present use, and other relevant information.

( l ) A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil bearing conditions, and any other hazards peculiar to the site.

(m) An erosion review showing how erosion control will be achieved and illustrating plans or programs that may be required by any existing soil erosion and sedimentation ordinance.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995; Am. 2012, Act 297, Imd. Eff. Aug. 7, 2012
Mich. Comp. Laws § 457.27 — MI Code / Chapter 457 / Act Act-41-of-1877 / Section 457.27
Governing law; amendment of act.
Status: in_force

Sec. 7.

All corporations formed under the provisions of this act shall be subject to the provisions of chapter 73 of the Compiled Laws of this state, so far as the same may be applicable to corporations formed under this act, and the legislature may alter or amend this act at any time.

History: 1877, Act 41, Imd. Eff. Mar. 30, 1877; How. 4533; CL 1897, 7817; CL 1915, 10253; CL 1929, 10543; CL 1948, 457.27
Mich. Comp. Laws § 324.41325 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.41325
Watercraft, watercraft equipment, or watercraft trailer with aquatic plant attached; placement in state waters prohibited; transport over land; order to remove aquatic organisms; release of baitfish prohibited; release of fish limited; notice; posting; violation as civil infraction; penalty.
Status: in_force

Sec. 41325.

(1) A person shall not do any of the following:

(a) Place a watercraft, watercraft equipment, or a watercraft trailer in the waters of this state if the watercraft, watercraft equipment, or watercraft trailer has an aquatic plant attached.

(b) Transport any watercraft over land without first doing all of the following:

( i ) Removing all drain plugs from bilges, ballast tanks, and live wells.

( ii ) Draining all water from any live wells and bilge.

( iii ) Ensuring that the watercraft, trailer, and any conveyance used to transport the watercraft or trailer are free of aquatic organisms, including plants.

(2) A law enforcement officer may order the owner or operator of a watercraft, watercraft equipment, watercraft trailer, or any conveyance used to transport the watercraft or trailer to comply with subsection (1)(b). The owner or operator shall obey the order.

(3) A person shall not release baitfish in any waters of this state. A person who collects fish shall not use the fish as bait or cut bait except in the inland lake, stream, or Great Lake where the fish was caught, or in a connecting waterway of the inland lake, stream, or Great Lake where the fish was caught if the fish could freely move between the original location of capture and the location of release.

(4) A person, who catches fish other than baitfish in a lake, stream, Great Lake, or connecting waterway shall only release the fish in the lake, stream, or Great Lake where the fish was caught, or in a connecting waterway of the lake, stream, or Great Lake where the fish was caught if the fish could freely move between the original location of capture and the location of release.

(5) The department shall prepare a notice that contains a summary of subsections (1) to (4), (6), and (7) and the definition of aquatic plant in section 41301 and shall make copies of the notice available to owners of public boating access sites. The department shall include the notice in relevant department publications and post the notice on its website.

(6) The owner of a public boating access site shall post and maintain the notice described in subsection (5) at the public boating access site.

(7) A person who violates subsection (1), (2), (3), (4), or (6) is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.

History: Add. 2009, Act 91, Imd. Eff. Sept. 15, 2009; Am. 2018, Act 451, Eff. Mar. 21, 2019
Mich. Comp. Laws § 324.46902 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.46902
Violation of part as misdemeanor; penalty.
Status: in_force

Sec. 46902.

A person who violates this part is guilty of a misdemeanor, punishable by imprisonment for not less than 10 days or more than 90 days, or a fine of not less than $10.00 or more than $100.00, or both.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 168.153 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.153
Contested election; violation of restraining order, penalty.
Status: in_force

Sec. 153.

Any officer or any other person who shall violate the terms of any such restraining order shall be in contempt of court and shall, in addition to such penalty as may be imposed thereby, be liable to a fine of not less than $50.00 nor more than $500.00, in the discretion of the court.

History: 1954, Act 116, Eff. June 1, 1955
Mich. Comp. Laws § 333.5911 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5911
Michigan health initiative fund; creation; administration; expenditures; fund cumulative; amounts credited to fund; investment of fund; crediting earnings; disposition and use of unencumbered balance.
Status: in_force

Sec. 5911.

(1) The Michigan health initiative fund is created in the state treasury and shall be administered by the department. The fund shall be expended only as provided in this part. The fund is in addition to, and is not intended as a replacement for, any other money appropriated to the department.

(2) The state treasurer shall credit to the fund all amounts appropriated for that purpose under this section, section 25 of the general sales tax act, 1933 PA 167, MCL 205.75, and section 21 of the use tax act, 1937 PA 94, MCL 205.11. The state treasurer may receive money or other assets from any source for deposit into the fund.

(3) The state treasurer shall direct the investment of the fund. Earnings shall be credited to the fund.

(4) The unencumbered balance remaining in the fund at the close of the fiscal year shall remain in the fund, and shall not revert to the general fund.

History: Add. 1987, Act 258, Eff. July 1, 1988; Am. 2006, Act 238, Imd. Eff. June 26, 2006
Mich. Comp. Laws § 418.836 — MI Code / Chapter 418 / Act Act-317-of-1969 / Section 418.836
Approval of redemption agreement; findings; factors considered in making determination; employer as party.
Status: in_force

Sec. 836.

(1) A redemption agreement shall only be approved by a worker's compensation magistrate if the worker's compensation magistrate finds all of the following:

(a) That the redemption agreement serves the purpose of this act, is just and proper under the circumstances, and is in the best interests of the injured employee.

(b) That the redemption agreement is voluntarily agreed to by all parties. If an employer does not object in writing or in person to the proposed redemption agreement, the employer shall be considered to have agreed to the proposed agreement.

(c) That if an application has been filed pursuant to section 847 it alleges a compensable cause of action under this act.

(d) That the injured employee is fully aware of his or her rights under this act and the consequences of a redemption agreement.

(2) Parties may stipulate in writing to the determinations in subsection (1). If all parties stipulate in writing to those determinations, the stipulation may serve as a waiver of hearing, and the magistrate may approve the redemption agreement. A magistrate may conduct a hearing on a proposed stipulation.

(3) In making a determination under subsection (1), factors to be considered by the worker's compensation magistrate shall include, but not be limited to, all of the following:

(a) Any other benefits the injured employee is receiving or is entitled to receive and the effect a redemption agreement might have on those benefits.

(b) The nature and extent of the injuries and disabilities of the employee.

(c) The age and life expectancy of the injured employee.

(d) Whether the injured employee has any health, disability, or related insurance.

(e) The number of dependents of the injured employee.

(f) The marital status of the injured employee.

(g) Whether any other person may have any claim on the redemption proceeds.

(h) The amount of the injured employee's average monthly expenses.

(i) The intended use of the redemption proceeds by the injured employee.

(4) The factors considered by the worker's compensation magistrate in making a determination under this section and the responses of the injured employee thereto shall be placed on the record.

(5) An employer shall be considered a party for purposes under this section.

History: Add. 1981, Act 198, Eff. Jan. 1, 1984; Am. 1983, Act 151, Imd. Eff. July 18, 1983; Am. 1985, Act 103, Imd. Eff. July 30, 1985; Am. 1994, Act 271, Imd. Eff. July 11, 1994; Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011