FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 500.6432 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.6432
Domestic cooperative plan insurers; reserves; standards applicable.
Status: in_force

Sec. 6432.

Every insurer transacting the kind or kinds of insurance described in subdivisions (1) and (2) of section 6406 (disability and loss of position insurances) shall maintain reserves for unearned premiums in accordance with the standards prescribed from time to time by the commissioner, which standards shall conform to those required of other insurers authorized to insure similar risks under the provisions of this code.

Every insurer transacting the business of life insurance, endowment and/or annuity on or after January 1, 1948, shall maintain the reserves required by section 834 (standard valuation law); for all contracts issued between January 1, 1940, and December 31, 1947, inclusive, reserves not less than that determined by the national fraternal congress table of mortality as adopted by the national fraternal congress, August 23, 1899, with interest assumption not more than 4% per annum, or such other reserve as shall be provided by the certificate or contract of insurance, whichever may be the greater; and for all contracts issued prior to January 1, 1940, premiums shall be segregated as a separate fund or funds to be held in trust solely for the benefit of such contract, for which fund a separate accounting shall be made, unless or until the insurer shall be able to and shall elect to transfer said contracts or policies, with the reserves herein required, into 1 of the preceding 2 classes.

History: 1956, Act 218, Eff. Jan. 1, 1957
Mich. Comp. Laws § 552.507a — MI Code / Chapter 552 / Act Act-294-of-1982 / Section 552.507a
Making report, recommendation, and supporting documents available to attorneys and parties; informing parties in child custody dispute or guardian concerning preference expressed by child; availability of information.
Status: in_force

Sec. 7a.

A copy of each report, recommendation, and any supporting documents or a summary of supporting documents prepared or used by the friend of the court or an employee of the office shall be made available to the attorney for each party and to each of the parties before the court takes any action on a recommendation by the office.

In a child custody dispute, the parties shall be informed of whether a custody preference expressed by the child was considered, evaluated, and determined by the judge, referee, or employee of the friend of the court. The parties shall not be informed of the preference expressed by the child under section 3 of the child custody act of 1970, 1970 PA 91, MCL 722.23.

If a guardian is appointed for a child, the guardian shall be informed whether a custody preference expressed by the child was considered, evaluated, and determined by the judge, referee, or employee of the friend of the court, and, if so, the preference expressed.

The manner and time within which the information required under this section is made available shall be determined by the Michigan court rules.

History: Add. 2004, Act 210, Eff. Oct. 1, 2004
Mich. Comp. Laws § 483.115 — MI Code / Chapter 483 / Act Act-9-of-1929 / Section 483.115
Penalties; civil liability.
Status: in_force

Sec. 15.

Any corporation, association or person, violating any provision of this act or any order or regulation of the commission made pursuant thereto, shall be deemed guilty of an unlawful act and shall be liable to a penalty of not less than 100 dollars, nor more than 20,000 dollars. Any officer, agent, representative, employee or servant of any corporation or association or any person who causes, aids or assists, or participates in any such unlawful act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to a fine of not less than 100 dollars, nor more than 1,000 dollars, or to imprisonment in the county jail not less than 30 days, nor more than 1 year, or to both such fine and imprisonment in the discretion of the court. Said penalty shall be exclusive of civil liability.

History: 1929, Act 9, Imd. Eff. Mar. 19, 1929; CL 1929, 11646; CL 1948, 483.115
Mich. Comp. Laws § 331.1205 — MI Code / Chapter 331 / Act Act-230-of-1987 / Section 331.1205
Corporation or subsidiary corporation; incorporation; name.
Status: in_force

Sec. 205.

If, in accordance with sections 201 and 202, a majority of all the votes cast upon the question are in favor of establishing a corporation, or if no vote of the electors is required for the establishment of a corporation pursuant to section 201 or 204, the county board of commissioners may incorporate a corporation in order to implement or further the public purposes stated in section 102 through the exercise of all or some of the powers provided in this act. The board of trustees of a corporation may incorporate 1 or more subsidiary corporations in order to implement or further the public purposes stated in section 102 through the exercise of all or some of the powers provided in this act. The county board of commissioners shall adopt a suitable name for any corporation which it incorporates. The board of trustees of a corporation shall adopt a suitable name for any subsidiary corporation which it incorporates.

History: 1987, Act 230, Eff. Feb. 27, 1988
Mich. Comp. Laws § 700.7906 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.7906
Reliance on trust instrument.
Status: in_force

Sec. 7906.

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a trust beneficiary for a breach of trust to the extent the breach resulted from the reliance.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010
Mich. Comp. Laws § 388.524 — MI Code / Chapter 388 / Act Act-160-of-1996 / Section 388.524
Conditional effective date.
Status: in_force

Sec. 14.

This act shall not take effect unless all of the following bills of the 88th Legislature are enacted into law:

House Bill No. 4640.

House Bill No. 4642.

History: 1996, Act 160, Imd. Eff. Apr. 8, 1996
Mich. Comp. Laws § 423.14 — MI Code / Chapter 423 / Act Act-176-of-1939 / Section 423.14
Collective bargaining agreement between employer and labor organization; sharing of financial support of labor organization; payment of dues; condition of employment; appropriation.
Status: in_force

Sec. 14.

(1) An employer and a labor organization may enter into a collective bargaining agreement that requires all employees in the bargaining unit to share fairly in the financial support of the labor organization. This act does not, and a law or policy of a local government must not, prohibit or limit an agreement that requires all bargaining unit employees, as a condition of continued employment, to pay to the labor organization membership dues or service fees.

(2) For fiscal year 2022-2023, $1,000,000.00 is appropriated to the department of labor and economic opportunity to be expended to do all of the following regarding the 2023 amendatory act that added this sentence:

(a) Respond to public inquiries regarding the amendatory act.

(b) Provide the commission with sufficient staff and other resources to implement the amendatory act.

(c) Inform employers, employees, and labor organizations about changes to their rights and responsibilities under the amendatory act.

(d) Any other purposes that the director of the department of labor and economic opportunity determines in the director's sole discretion are necessary to implement the amendatory act.

History: 1939, Act 176, Imd. Eff. June 8, 1939; CL 1948, 423.14; Am. 2012, Act 348, Eff. Mar. 28, 2013; Am. 2023, Act 8, Eff. Feb. 13, 2024
Mich. Comp. Laws § 207.1057 — MI Code / Chapter 207 / Act Act-403-of-2000 / Section 207.1057
Financial statements.
Status: in_force

Sec. 57.

The department may at any time require an applicant or a licensee to furnish current, verified financial statements.

The department is not required to accept as accurate financial statements which have not been certified or independently audited and may independently inquire into the financial condition of an applicant.

History: 2000, Act 403, Eff. Apr. 1, 2001
Mich. Comp. Laws § 722.1210 — MI Code / Chapter 722 / Act Act-195-of-2001 / Section 722.1210
Order to appear with or without child.
Status: in_force

Sec. 210.

A court of this state may order a party to a child-custody proceeding who is in this state to appear before the court personally with or without the child. The court may order a person who is in this state and who has physical custody or control of the child to appear physically with the child.

If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given in accordance with section 108 include a statement directing the party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to the party.

The court may enter any orders necessary to ensure the safety of the child or of a person ordered to appear under this section.

If a party to a child-custody proceeding who is outside this state is directed to appear under subsection (2) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party directed or desiring to appear and of the child.

History: 2001, Act 195, Eff. Apr. 1, 2002
Mich. Comp. Laws § 324.11519 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11519
Specifying reasons for denial of permit, operating license, or registration; cease and desist order; grounds for order revoking, suspending, or restricting permit, license, or registration; contested case hearing; violation or inconsistency; summary suspension of permit or license; judicial review.
Status: in_force

Sec. 11519.

(1) The department shall specify, in writing, the reasons for denial of an application for a permit, an operating license, an approval under a general permit, or a registration, including the sections of part 115 that may be violated by granting the application and the manner in which the violation may occur.

(2) If a materials management facility is established, constructed, or operated in violation of the conditions of a permit, license, approval under a general permit, or registration, in violation of part 115 or an order issued under part 115, or in a manner not consistent with an MMP, all of the following apply:

(a) A local health officer or the department may issue a cease and desist order specifying a schedule of closure or remedial action in compliance with part 115 or may enter a consent agreement specifying a schedule of closure or remedial action under part 115.

(b) The department may issue a final order revoking, suspending, or restricting the permit, license, approval under a general permit, or registration or a notification after a contested case hearing as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(c) The department may issue an order summarily suspending the permit, license, approval under a general permit, or registration or a notification, if the department determines that the violation or inconsistency constitutes an emergency or poses an imminent risk of injury to the environment, natural resources, or the public health, safety, or welfare. Summary suspension may be ordered effective on the date specified in the order or upon service of a certified copy of the order on the owner or operator, whichever is later, and remains effective during the proceedings. The proceedings shall be commenced within 7 days after the issuance of the order and shall be promptly determined.

(3) A final order issued pursuant to this section is subject to judicial review as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

History: 1994, Act 451, Eff. Mar. 30, 1995; Am. 1996, Act 358, Eff. Oct. 1, 1996; Am. 2022, Act 245, Eff. Mar. 29, 2023
Mich. Comp. Laws § 324.3122 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.3122
Annual groundwater discharge permit fee; failure of department to grant or deny within certain time period; payment of fee by municipality; definitions.
Status: in_force

Sec. 3122.

(1) Until October 1, 2027, the department may levy and collect an annual groundwater discharge permit fee from facilities or municipalities that discharge wastewater to the ground or groundwater of this state under section 3112. The fee is as follows:

(a) For a group 1 facility, $7,500.00.

(b) For a group 2 facility or a municipality of 1,000 or fewer residents, $1,800.00.

(c) For a group 2a facility, $300.00.

(d) For a group 3 facility, $240.00.

(2) Within 180 days after receipt of a complete application for a permit to discharge wastewater to the ground or to groundwater, the department shall grant or deny a permit, unless the applicant and the department agree to extend this time period. If the department fails to make a decision on an application within the time period specified or agreed to under this subsection, an applicant subject to an annual groundwater discharge permit fee shall receive a 15% annual discount on the annual groundwater discharge permit fee.

(3) If the person required to pay the annual groundwater discharge permit fee under subsection (1) is a municipality, the municipality may pass on the annual groundwater discharge permit fee to each user of the municipal facility.

(4) As used in this section, "group 1 facility", "group 2 facility", "group 2a facility", and "group 3 facility" do not include a municipality with a population of 1,000 or fewer residents.

History: Add. 2004, Act 90, Imd. Eff. Apr. 22, 2004; Am. 2007, Act 75, Imd. Eff. Sept. 30, 2007; Am. 2011, Act 90, Imd. Eff. July 15, 2011; Am. 2015, Act 82, Eff. Oct. 1, 2015; Am. 2015, Act 247, Imd. Eff. Dec. 22, 2015; Am. 2019, Act 79, Imd. Eff. Sept. 30, 2019; Am. 2023, Act 140, Imd. Eff. Sept. 29, 2023
Mich. Comp. Laws § 490.384 — MI Code / Chapter 490 / Act Act-215-of-2003 / Section 490.384
Participation in deliberation or board action.
Status: in_force

Sec. 384.

Unless the matter involves setting dividends, loan rates, or fees for services or other general policy applicable to all members of the domestic credit union, a director, committee member, officer, or employee of a domestic credit union shall not in any manner, directly or indirectly, participate in the deliberation or board action on any matter that affects his or her pecuniary interest or the pecuniary interest of an entity other than the domestic credit union in which he or she is interested.

If 1 or more directors are disqualified from participating in a matter before the credit union board pursuant to subsection (1), the remaining qualified directors present at the meeting, if constituting a quorum with the disqualified directors, may by majority vote exercise all the powers of the board with respect to the matter under consideration. If all of the directors are disqualified, the members of the domestic credit union shall act on the matter.

If 1 or more committee members are disqualified from participating in a matter before the committee pursuant to subsection (1), the remaining qualified committee members, if constituting a quorum with the disqualified committee members, may by majority vote exercise all the powers of the committee with respect to the matter under consideration. If all of the committee members are disqualified, the credit union board shall act on the matter.

As used in this section, an individual is "interested" in an entity if he or she meets any of the following:

Serves as a director, officer, or employee of the entity.

Has a business or deposit relationship with the entity.

Has an ownership interest in the entity that is more than a 10% equity interest.

Has a business, financial, or familial relationship with an individual who he or she knows has a pecuniary interest in the entity.

History: 2003, Act 215, Eff. June 1, 2004
Mich. Comp. Laws § 487.1313 — MI Code / Chapter 487 / Act Act-89-of-1986 / Section 487.1313
Misrepresentation of license.
Status: in_force

Sec. 313.

A licensee shall not misrepresent the meaning or effect of its license.

History: 1986, Act 89, Imd. Eff. May 1, 1986
Mich. Comp. Laws § 408.1061 — MI Code / Chapter 408 / Act Act-154-of-1974 / Section 408.1061
Records and reports of work illnesses and injuries; access to records by employee; notice to employee of exposure and corrective action; federal requirements not negated.
Status: in_force

Sec. 61.

(1) An employer shall make, keep, and preserve accurate and timely records and reports of work illnesses and injuries and report the information to the appropriate department in a form and in accordance with rules promulgated by the departments under authority of this act for the purpose of developing information regarding the causes and prevention of occupational illnesses and injuries.

(2) An employer shall maintain accurate records of employee exposures to potentially toxic substances or harmful physical agents that are required to be monitored or measured by standards promulgated by the commissions. An employee or former employee shall have access to those records that indicate the employee's or former employee's own exposure to toxic materials or harmful physical agents.

(3) An employer shall promptly notify an employee who was or is being exposed to toxic materials or harmful physical agents in concentrations or at levels that exceed those prescribed by a rule or standard promulgated under this act, and shall inform an employee who is being exposed to those toxic materials or harmful physical agents of the corrective action being taken.

(4) This act does not negate the record keeping and reporting requirements prescribed by sections 18 and 24 of the occupational safety and health act of 1970, Public Law 91-596, 29 USC 667 and 673.

History: 1974, Act 154, Eff. Jan. 1, 1975; Am. 1996, Act 437, Imd. Eff. Dec. 18, 1996; Am. 2015, Act 199, Eff. Feb. 22, 2016
Mich. Comp. Laws § 389.157 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.157
Board of trustees; vacancies, causes.
Status: in_force

Sec. 157.

The office of a member of the board of trustees shall become vacant immediately without declaration of any officer or any acceptance of the board of trustees or its members, upon the death of the incumbent, or his being adjudicated insane or being found to be mentally incompetent by the proper court; his resignation; his removal from office; his conviction of a felony; his election or appointment being declared void by a competent tribunal; his refusal or neglect to file his acceptance of office, or his refusal or neglect to take and subscribe to the constitutional oath of office and deposit the same in the manner and within the time prescribed by law; his ceasing to possess the legal qualifications for holding office including his residence qualification.

History: 1966, Act 331, Eff. Oct. 1, 1966
Mich. Comp. Laws § 205.211 — MI Code / Chapter 205 / Act Act-188-of-1899 / Section 205.211
Appraiser; appointment; appraisement of vested and contingent estates; insurance commissioner; duties; money legacy.
Status: in_force

Sec. 11.

The judge of probate, upon the application of any interested party, including the state treasurer and county treasurers, or upon his or her own motion, shall, as often as and whenever occasion may require, appoint a competent person as appraiser to fix the clear market value at the time of the transfer of property which shall be subject to the payment of any tax imposed by this act. A description of the property and the names and residences of the persons to whom it passes shall be given by the judge of probate to the appraiser. If the property, upon the transfer of which the tax is imposed, is an estate, income or interest for a term of years or for life, or determinable upon any future or contingent estate, or is a remainder or reversion or other expectancy, real or personal, the entire property or fund by which the estate, income or interest is supported, or of which it is a part, shall be appraised immediately after the transfer, or as soon thereafter as may be practicable, at the clear market value as of that date. If the estate, income or interest is of such a nature that its clear market value cannot be ascertained at that time, it shall be appraised in like manner at the time when the value first became ascertainable. The value of every future or contingent or limited estate, income, interest or annuity, dependent upon any life or lives in being, shall be determined by the rule, method or standard of mortality and value employed by the commissioner of the office of insurance and financial services in ascertaining the value of policies of life insurance companies, except that the rate of interest for computing the present value of all future and contingent interests or estates shall be 5% per annum. The commissioner of the office of insurance and financial services shall, upon request of the state treasurer, prepare the tables of values, expectancies and other matters as may be necessary for use in computing, under the provisions of this act, the value of life estates, annuities, reversions and remainders, which shall be printed and furnished by the auditor general to the several judges of probate upon request. The clear market value of the transfer of a money legacy, presently taxable, shall for the purposes of this act be taken to be the face value of the money at the date of death of decedent.

History: 1899, Act 188, Eff. Sept. 23, 1899; Am. 1903, Act 195, Imd. Eff. June 9, 1903; Am. 1907, Act 155, Imd. Eff. June 17, 1907; CL 1915, 14534; CL 1929, 3683; CL 1948, 205.211; Am. 2002, Act 347, Imd. Eff. May 23, 2002
Mich. Comp. Laws § 445.2073 — MI Code / Chapter 445 / Act Act-186-of-2012 / Section 445.2073
Definitions.
Status: in_force

Sec. 3.

As used in this act:

(a) "Dealer" means a person, including, but not limited to, a person that operates a business as a plastics recycler, processor, or shredder or reseller, that purchases plastic bulk merchandise containers from any seller other than the manufacturer of the bulk merchandise containers or an authorized dealer or distributor of those containers.

(b) "Documentation" means a signed statement that indicates where a person obtained a plastic bulk merchandise container offered for sale, indicates that a person is authorized to sell a plastic bulk merchandise container, or provides other evidence that reasonably demonstrates ownership of a plastic bulk merchandise container offered for sale and the source of the container.

(c) "Industrial or commercial account" means a person that sells plastic or plastic articles to a dealer from a fixed location pursuant to a written agreement with that dealer.

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

(e) "Plastic bulk merchandise container" means a plastic pallet, crate, container, or shell used by a producer, distributor, or retailer for the bulk transportation or storage of goods for sale at retail, including, but not limited to, food or beverages.

(f) "Record" means a paper, electronic, or other generally accepted method of storing information in a retrievable form.

(g) "Seller" means a person that sells, barters, or trades a plastic bulk merchandise container to a dealer.

History: 2012, Act 186, Eff. Dec. 18, 2012
Mich. Comp. Laws § 730.417 — MI Code / Chapter 730 / Act Act-179-of-1951 / Section 730.417
Laws governing.
Status: in_force

Sec. 17.

The provisions of existing laws relative to civil and criminal juries and jury trials in justice courts in townships shall govern in jury trials in which the jury is drawn in accordance with the provisions of this act, unless contrary to the provisions of this act or to the provisions of other laws or charter provisions to which such court is subject: Provided, That the only qualifications necessary to being placed on a jury list and serving as a juror are those stated in section 4 of this act.

History: 1951, Act 179, Eff. Sept. 28, 1951