FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 691.1402a — MI Code / Chapter 691 / Act Act-170-of-1964 / Section 691.1402a
Municipal corporation; maintenance of sidewalk; liability; presumption; additional defense; limitation.
Status: in_force

Sec. 2a.

(1) A municipal corporation in which a sidewalk is installed adjacent to a municipal, county, or state highway shall maintain the sidewalk in reasonable repair.

(2) A municipal corporation is not liable for breach of a duty to maintain a sidewalk unless the plaintiff proves that at least 30 days before the occurrence of the relevant injury, death, or damage, the municipal corporation knew or, in the exercise of reasonable diligence, should have known of the existence of the defect in the sidewalk.

(3) In a civil action, a municipal corporation that has a duty to maintain a sidewalk under subsection (1) is presumed to have maintained the sidewalk in reasonable repair. This presumption may only be rebutted by evidence of facts showing that a proximate cause of the injury was 1 or both of the following:

(a) A vertical discontinuity defect of 2 inches or more in the sidewalk.

(b) A dangerous condition in the sidewalk itself of a particular character other than solely a vertical discontinuity.

(4) Whether a presumption under subsection (3) has been rebutted is a question of law for the court.

(5) In a civil action, a municipal corporation that has a duty to maintain a sidewalk under subsection (1) may assert, in addition to any other defense available to it, any defense available under the common law with respect to a premises liability claim, including, but not limited to, a defense that the condition was open and obvious.

(6) A municipal corporation's liability under subsection (1) is limited by section 81131 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81131.

History: Add. 1999, Act 205, Imd. Eff. Dec. 21, 1999; Am. 2012, Act 50, Imd. Eff. Mar. 13, 2012; Am. 2016, Act 419, Imd. Eff. Jan. 4, 2017
Mich. Comp. Laws § 460.803 — MI Code / Chapter 460 / Act Act-448-of-1976 / Section 460.803
Definitions; E to J.
Status: in_force

Sec. 3.

(1) "Electric utility facility" means a facility which a municipality is authorized to acquire as part of a municipal electric utility system under this act or other law.

(2) "Governing body" means the council, commission, or board of trustees of a municipality, or when the charter of a municipality provides that a separate board has general management over the municipal electric utility system, "governing body" means that separate board, subject to review by the legislative body of the municipality as its charter may provide.

(3) "Governmental unit" means a municipality or a joint agency.

(4) "Joint agency" means a public body corporate and politic consisting of a combination of 2 or more municipalities, authorities, or other public bodies organized under article 3.

History: 1976, Act 448, Imd. Eff. Jan. 13, 1977; Am. 2008, Act 21, Imd. Eff. Mar. 7, 2008
Mich. Comp. Laws § 117.4u — MI Code / Chapter 117 / Act Act-279-of-1909 / Section 117.4u
Retirement benefits subject to protecting local government retirement and benefits act; "retirement benefit" defined.
Status: in_force

Sec. 4u.

If a city provides retirement benefits as part of a system of compensation under section 4i, the retirement benefits are subject to the protecting local government retirement and benefits act. As used in this section, "retirement benefit" means that term as defined in section 3 of the protecting local government retirement and benefits act.

History: Add. 2017, Act 214, Imd. Eff. Dec. 20, 2017
Mich. Comp. Laws § 168.94 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.94
Candidates; withdrawal, notice.
Status: in_force

Sec. 94.

After the filing of a nominating petition by or in behalf of a proposed candidate for United States senator, such candidate shall not be permitted to withdraw unless a written notice of withdrawal is served on the secretary of state or his duly authorized agent not later than 4 o'clock, eastern standard time, in the afternoon of the third day after the last day for filing such petitions.

History: 1954, Act 116, Eff. June 1, 1955
Mich. Comp. Laws § 445.2 — MI Code / Chapter 445 / Act Act-101-of-1907 / Section 445.2
Assumed name certificates; filing period; rejection by county clerk.
Status: in_force

Sec. 2.

Persons now owning or conducting such business under an assumed name, or under such designation referred to in section 1, shall file such certificate or renewal certificate as hereinbefore prescribed, within 90 days after this act shall take effect and after 30 days' notice from the county clerk, and persons hereafter owning, conducting or transacting business as aforesaid shall, before commencing said business file such certificate in the manner hereinbefore prescribed. The several county clerks of this state are hereby authorized to reject any assumed name which is likely to mislead the public, or any assumed name already filed in the county or so nearly similar thereto as to lead to confusion or deception.

History: 1907, Act 101, Eff. Sept. 28, 1907; CL 1915, 6350; CL 1929, 9826; Am. 1931, Act 272, Eff. Sept. 18, 1931; CL 1948, 445.2; Am. 1949, Act 151, Eff. Sept. 23, 1949
Mich. Comp. Laws § 206.841 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.841
Administration of tax; conflicting provisions; rules; forms; additional tax liability; statistics detailing distribution of tax receipts.
Status: in_force

Sec. 841.

(1) The tax imposed by this part shall be administered by the department of treasury pursuant to 1941 PA 122, MCL 205.1 to 205.31, and this part. If a conflict exists between 1941 PA 122, MCL 205.1 to 205.31, and this part, the provisions of this part apply.

(2) The department may promulgate rules to implement this part pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(3) The department shall prescribe forms for use by taxpayers and may promulgate rules in conformity with this part for the maintenance by taxpayers of records, books, and accounts, and for the computation of the tax, the manner and time of changing or electing accounting methods and of exercising the various options contained in this part, the making of returns, and the ascertainment, assessment, and collection of the tax imposed under this part.

(4) The tax imposed by this part is in addition to all other taxes for which the taxpayer may be liable.

(5) The department shall prepare and publish statistics from the records kept to administer the tax imposed by this part that detail the distribution of tax receipts by type of business, legal form of organization, sources of tax base, timing of tax receipts, and types of deductions. The statistics shall not result in the disclosure of information regarding any specific taxpayer.

(6) The department may require the taxpayer to remit any payment due under this part to the department by an electronic funds transfer method approved by the department.

History: Add. 2021, Act 135, Imd. Eff. Dec. 21, 2021
Mich. Comp. Laws § 388.1007 — MI Code / Chapter 388 / Act Act-287-of-1964 / Section 388.1007
State board of education; body corporate; seal; ordinances, bylaws, regulations.
Status: in_force

Sec. 7.

The state board of education is a body corporate and may purchase, have, hold, possess, enjoy, grant, alien, invest, sell, and dispose of real and personal property of every kind; may sue and be sued, plead and be impleaded in all the courts in this state; may have, use, alter and renew a seal; and may make such ordinances, bylaws and regulations as it deems proper for the government and conduct of the board and for the transaction of its business and the operation of the state institutions under its control if they are not repugnant to the constitution or laws of this state or of the United States.

History: 1964, Act 287, Eff. Aug. 28, 1964
Mich. Comp. Laws § 79.11 — MI Code / Chapter 79 / Act Act-127-of-1913 / Section 79.11
Lighting facilities; legalized existing actions and franchises.
Status: in_force

Sec. 1.

The respective actions of the councils of all villages organized under the general laws of the state, heretofore granting franchises to and making contracts with persons or corporations to use the streets, alleys and public places of such villages for the purpose of supplying such villages or the inhabitants thereof or both, with gas, electric light or other lights for periods of time exceeding 10 years, but not exceeding 30 years, are hereby legalized and made valid: Provided, however, That the action of the said respective councils of said villages granting the said franchises shall have been approved by 3/5 of the electors of such villages voting thereon, at a regular or special municipal election as required by section 25 of article 8 of the constitution of this state.

History: 1913, Act 127, Eff. Aug. 14, 1913; CL 1915, 2842; CL 1929, 1793; CL 1948, 79.11
Mich. Comp. Laws § 800.284 — MI Code / Chapter 800 / Act Act-17-of-1909 / Section 800.284
Search of persons coming to correctional facility.
Status: in_force

Sec. 4.

The chief administrator of a correctional facility may search, or have searched, any person coming to the correctional facility as a visitor, or in any other capacity, who is suspected of having any weapon or other implement which may be used to injure a prisoner or other person or in assisting a prisoner to escape from imprisonment, or any alcoholic liquor, prescription drug, poison, or controlled substance upon his or her person.

History: 1909, Act 17, Eff. Sept. 1, 1909; CL 1915, 1830; CL 1929, 17656; CL 1948, 800.284; Am. 1982, Act 343, Imd. Eff. Dec. 21, 1982
Mich. Comp. Laws § 38.1167 — MI Code / Chapter 38 / Act Act-325-of-1978 / Section 38.1167
Staff to assist board and recognition administrator.
Status: in_force

Sec. 7.

The department shall provide the necessary staff to assist the board and the recognition administrator in the performance of their duties under this act.

History: 1978, Act 325, Imd. Eff. July 11, 1978; Am. 1998, Act 119, Eff. July 1, 1998
Mich. Comp. Laws § 168.509dd — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.509dd
Program to register voters or remove names.
Status: in_force

Sec. 509dd.

A clerk may conduct a program to register qualified electors or to remove names of registered voters who are no longer qualified to vote in the city or township from the registration records of that city or township. A clerk who conducts a program to register voters or to remove names under this section shall administer the program in a uniform manner to the entire city or township. The clerk shall use nondiscriminatory procedures that comply with the requirements of the voting rights act of 1965, Public Law 89-110, 79 Stat. 437.

The clerk shall complete any program to remove names conducted under this section 90 days or more before the date of a federal election. The 90-day deadline under this subsection does not apply to the removal of names from the registration records of a city or township under 1 of the following circumstances:

At the request or authorization of a voter.

Upon the death of a voter.

Upon notice that a voter has moved from the city or township and has completed an application at the new address.

Subject to the requirements of this section, a clerk may use 1 or more of the following to conduct a program to register voters or remove names under this section:

A house-to-house canvass.

A general mailing to voters for address verifications.

Participation in the national change of address program established by the postal service.

Other means the clerk considers appropriate.

History: Add. 1994, Act 441, Imd. Eff. Jan. 10, 1995
Mich. Comp. Laws § 21.275 — MI Code / Chapter 21 / Act Act-72-of-1979 / Section 21.275
Reporting estimate of amount of tax foregone from exemptions under MCL 205.51 et seq.; reporting estimate of amount of tax foregone pursuant to MCL 205.51(1)(g).
Status: in_force

Sec. 5.

The governor shall report an estimate, by item, of the amount of tax foregone from the exemptions granted pursuant to Act No. 167 of the Public Acts of 1933, as amended, being sections 205.51 to 205.78 of the Michigan Compiled Laws. The estimate shall include revenue foregone by nontaxation of items not specifically exempted.

The governor shall report an estimate of the amount of tax foregone pursuant to section 1(1)(g) of Act No. 167 of the Public Acts of 1933, being section 205.51 of the Michigan Compiled Laws, from the imposition of the tax at a sale at retail upon the difference between the agreed upon value of a motor vehicle, trailer coach, or titled watercraft used as part payment of the purchase price and the full retail price of the motor vehicle, trailer coach, or titled watercraft being purchased rather than upon the full retail price of the motor vehicle, trailer coach, or titled watercraft.

History: 1979, Act 72, Imd. Eff. July 31, 1979; Am. 1983, Act 7, Imd. Eff. Mar. 16, 1983
Mich. Comp. Laws § 324.17319 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.17319
Requirements.
Status: in_force

Sec. 17319.

A recycler shall comply with all of the following:

(a) Employ industry-accepted procedures substantially equivalent to those specified by the United States department of defense for the destruction or sanitization of data on hard drives and other data storage devices.

(b) Maintain a documented environmental, health, and safety management system that may be audited and is compliant with or equivalent to ISO 14001.

(c) Maintain records identifying all persons to whom the recycler provided electronic devices or materials derived from electronic devices for the purpose of conducting additional recycling and the weight and volume of material provided to each of those persons.

(d) Not use state or federal prison labor to process covered electronic devices or transact with a third party that uses or subcontracts for the use of prison labor.

History: Add. 2008, Act 395, Imd. Eff. Dec. 29, 2008
Mich. Comp. Laws § 400.769 — MI Code / Chapter 400 / Act Act-387-of-1984 / Section 400.769
Mail issuance program for certain recipients; establishment of authorized representative system; monitoring on-line issuance program; recommendations to legislature.
Status: in_force

Sec. 19.

The family independence agency shall explore the establishment of a mail issuance program for recipients who are disabled, elderly, would have to travel more than 1 hour each way to a food stamp distribution site, or are otherwise unable to travel to a distribution site.

The family independence agency shall assist county family independence agencies in establishing an authorized representative system to assist recipients who are unable to travel to food stamp distribution sites. The family independence agency shall cooperate with local organizations in order to establish such a system.

The family independence agency shall monitor the on-line issuance program to determine if recipients are not receiving food stamps because they are unable to travel to distribution sites. The family independence agency shall make recommendations to the legislature to improve the distribution program and make it more accessible to eligible recipients who are unable to travel to distribution sites.

History: 1984, Act 387, Eff. Mar. 29, 1985; Am. 1998, Act 89, Imd. Eff. May 13, 1998
Mich. Comp. Laws § 328.202 — MI Code / Chapter 328 / Act Act-70-of-1954 / Section 328.202
Agreement with applicant for or recipient of aid given pursuant to MCL 400.1 et seq.; rules; conversion of prearranged funeral plan account to irrevocable agreement; effect of irrevocable agreement on eligibility; alteration of agreement.
Status: in_force

Sec. 2.

With the consent of the state department of social services, an agreement may be made pursuant to this act with an applicant for or recipient of aid given pursuant to Act No. 280 of the Public Acts of 1939, as amended, being sections 400.1 to 400.121 of the Michigan Compiled Laws, if the state department of social services finds the agreement is in the interest of the applicant or recipient and the state will not be liable for the funeral expenses of the recipient or applicant or the dependent spouse of the recipient or applicant.

The state department of social services shall promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, to provide for the uniform administration of this act. The rules shall be based upon the available resources of the client.

Upon the request of the applicant or recipient, the state department of social services shall convert a prearranged funeral plan account established under section 1 to an irrevocable agreement if the amount of the account does not exceed $2,000.00 exclusive of interest. The irrevocable agreement shall not be considered in determining the eligibility of an applicant or recipient for aid given pursuant to Act No. 280 of the Public Acts of 1939, as amended. After the effective date of this 1983 amendatory act, a prearranged funeral plan account established under section 1 which is converted to an irrevocable agreement shall permit the depositor of the funds in the account to alter the agreement to provide for a different party to provide the services described in section 1, but, in any event, the funds in the account shall be used only to provide the services described in section 1.

History: 1954, Act 70, Eff. Aug. 13, 1954; Am. 1961, Act 76, Eff. Sept. 8, 1961; Am. 1965, Act 225, Imd. Eff. July 16, 1965; Am. 1978, Act 627, Imd. Eff. Jan. 6, 1979; Am. 1984, Act 18, Imd. Eff. Mar. 6, 1984
Mich. Comp. Laws § 29.332 — MI Code / Chapter 29 / Act Act-153-of-2011 / Section 29.332
Establishment of boy scouts of America explorer post; affiliation of school district; participation in firefighter training.
Status: in_force

Sec. 2.

(1) An organized fire department administering a firefighter I or II course and an examination under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377, may establish a boy scouts of America explorer post within its department for the purpose of firefighter training for individuals who are 16 years of age or older.

(2) A school district may affiliate with an organized fire department for the purpose of allowing individuals 16 years of age or older to participate in the firefighter I or II course and the examination.

History: 2011, Act 153, Imd. Eff. Sept. 27, 2011
Mich. Comp. Laws § 333.20189a — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.20189a
Written practice agreement; condition of employment; prohibited.
Status: in_force

Sec. 20189a.

A health facility or agency shall not require a dentist to enter into a written practice agreement with a dental therapist as a condition of employment. As used in this section, "written practice agreement" means that term as defined in section 16655.

History: Add. 2018, Act 463, Eff. Mar. 27, 2019
Mich. Comp. Laws § 125.689 — MI Code / Chapter 125 / Act Act-18-of-1933-Ex-Sess- / Section 125.689
Authority conferred.
Status: in_force

Sec. 39.

This act shall, without reference to any other statute or to any charter, be deemed full authority for the purposes herein provided for and for the issuance and sale of the bonds by this act authorized, and shall be construed as an additional and alternative method therefor and for the financing thereof, any provisions of the general laws of the state or of any charter to the contrary notwithstanding.

History: 1933, Ex. Sess., Act 18, Imd. Eff. Jan. 9, 1934; CL 1948, 125.689
Mich. Comp. Laws § 331.515 — MI Code / Chapter 331 / Act Act-299-of-1947 / Section 331.515
Construction projects; inspection, certification, federal installment payments.
Status: in_force

Sec. 15.

From time to time the director shall inspect each construction project approved by the surgeon general, and, if the inspection so warrants, the director shall certify to the surgeon general that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.

History: 1947, Act 299, Eff. Oct. 11, 1947; CL 1948, 331.515
Mich. Comp. Laws § 205.831 — MI Code / Chapter 205 / Act Act-174-of-2004 / Section 205.831
Notification of change in rate or tax base.
Status: in_force

Sec. 31.

The department shall publish on the state website a notification to sellers registered under the agreement of a change in rate or tax base within 5 business days of receiving notice of the public act number assigned by the secretary of state to the act that changes that tax rate or base or of an amendment to sales and use tax rules or regulations. Whenever possible, a rate or tax base change should occur on the first day of a calendar quarter.

Failure of a seller to receive notice under subsection (1), however, does not relieve the seller of its obligation to collect the sales or use tax.

The department shall complete a taxability matrix as provided for under section 328 of the agreement, maintain it in a database in a downloadable format approved by the board, and provide notice of changes in the matrix.

History: 2004, Act 174, Eff. July 1, 2004
Mich. Comp. Laws § 500.3008 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3008
Liability insurance policies; notice to insurer.
Status: in_force

Sec. 3008.

In such liability insurance policies there shall be a provision that notice given by or on behalf of the insured to any authorized agent of the insurer within this state, with particulars sufficient to identify the insured shall be deemed to be notice to the insurer; and also a provision that failure to give any notice required to be given by such policy within the time specified therein shall not invalidate any claim made by the insured if it shall be shown not to have been reasonably possible to give such notice within the prescribed time and that notice was given as soon as was reasonably possible.

History: 1956, Act 218, Eff. Jan. 1, 1957
Mich. Comp. Laws § 457.359 — MI Code / Chapter 457 / Act Act-17-of-1877 / Section 457.359
Uniform Rank Knights of Pythias; incorporation.
Status: in_force

Sec. 9.

Any brigade, regiment or division of the Uniform Rank Knights of Pythias of this state, having been duly warranted, may be incorporated in like manner as grand and subordinate lodges of Knights of Pythias, and enjoy the same powers, privileges and benefits under the provisions of this act.

History: Add. 1895, Act 65, Eff. Aug. 30, 1895; CL 1897, 8009; CL 1915, 10470; CL 1929, 10673; CL 1948, 457.359
Mich. Comp. Laws § 324.1807 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.1807
Defense of sovereign immunity.
Status: in_force

Sec. 1807.

The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this part only to the extent that it would apply to a person injured or threatened with injury in this state.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 338.2152 — MI Code / Chapter 338 / Act Act-333-of-1976 / Section 338.2152
Applicability of provisions.
Status: in_force

Sec. 2.

(1) This act does not apply to or in a city, village, or township that has regulations in its ordinances that are comparable to this act or 1967 PA 227, MCL 408.801 to 408.824.

(2) This act does not apply to licensed journeymen in a city, village, or township described in subsection (1).

(3) This act does not apply to the installation, construction, repair, alteration, or maintenance of a residential stairway chairlift or residential platform lift that is subject to section 14a of 1967 PA 227, MCL 408.814a.

History: 1976, Act 333, Eff. Mar. 31, 1977; Am. 2015, Act 34, Eff. Aug. 19, 2015
Mich. Comp. Laws § 462.103 — MI Code / Chapter 462 / Act Act-354-of-1993 / Section 462.103
Meanings of words and phrases.
Status: in_force

Sec. 103.

The words and phrases in sections 105 to 109 shall have the meanings respectively ascribed to them in those sections.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994