FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.3109a — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.3109a
Mixing zones for discharges of venting groundwater; conditions not requiring permit; definitions.
Status: in_force

Sec. 3109a.

Notwithstanding any other provision of this part, or rules promulgated under this part, the department shall allow for a mixing zone for discharges of venting groundwater in the same manner as the department provides for a mixing zone for point source discharges. Mixing zones for discharges of venting groundwater shall not be less protective of public health or the environment than the level of protection provided for mixing zones from point source discharges.

Notwithstanding any other provision of this part, if a discharge of venting groundwater is in compliance with the water quality standards provided for in this part and the rules promulgated under this part, a permit is not required under this part for the discharge if the discharge is provided for in either or both of the following:

A remedial action plan that is approved by the department under part 201.

A corrective action plan that is submitted to the department under part 213 that includes a mixing zone determination made by the department and that has been noticed in the department calendar.

As used in this section:

"Mixing zone" means that portion of a water body where a point source discharge or venting groundwater is mixed with receiving water.

"Venting groundwater" means groundwater that is entering a surface water of the state from a facility, as defined in section 20101.

History: Add. 1995, Act 70, Imd. Eff. June 5, 1995; Am. 1999, Act 106, Imd. Eff. July 7, 1999
Mich. Comp. Laws § 552.613 — MI Code / Chapter 552 / Act Act-295-of-1982 / Section 552.613
Failure to comply with order; contempt; finding; initiation of proceedings; jurisdiction.
Status: in_force

Sec. 13.

The court may find a source of income in contempt, require the source of income to pay an amount according to section 11a(2) if the terms of that section have been satisfied, and fine the source of income if the source of income is served with a notice of income withholding and fails to comply with the notice or to pay withheld amounts to the friend of the court after the order becomes binding under section 11. The IV-D agency is responsible for initiating contempt proceedings under this section. Contempt proceedings under this section may be initiated in any county with jurisdiction over the source of income.

History: 1982, Act 295, Eff. July 1, 1983; Am. 1998, Act 334, Imd. Eff. Aug. 10, 1998; Am. 2004, Act 206, Eff. Feb. 28, 2005
Mich. Comp. Laws § 450.1496 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1496
Discontinuance or settlement of derivative proceeding; judicial approval; notice; expense.
Status: in_force

Sec. 496.

A derivative proceeding may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interests of the corporation's shareholders or a class of shareholders, the court shall direct that notice be given to the shareholders affected. If notice is directed to be given to the affected shareholders, the court may determine whether 1 or more of the parties to the action shall bear the expense of giving the notice, in the amount as the court determines and finds to be reasonable under the circumstances. The amount of expense shall be awarded as special costs of the action and recoverable in the same manner as statutory taxable costs.

History: Add. 1989, Act 121, Eff. Oct. 1, 1989; Am. 1993, Act 91, Eff. Oct. 1, 1993
Mich. Comp. Laws § 487.15105 — MI Code / Chapter 487 / Act Act-276-of-1999 / Section 487.15105
Operations of foreign bank at state foreign bank branch or state agency.
Status: in_force

Sec. 5105.

Except as otherwise provided in this act or other law of this state, operations of a foreign bank at a state foreign bank branch or state agency shall be conducted with the same rights and privileges and subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply under this act to a bank doing business at the same location, except that a state agency or an additional office of a state agency shall not accept nor solicit deposits from citizens or residents of the United States or exercise trust powers. Operations of a foreign bank representative office are limited to representational functions.

A foreign bank that operates a state agency or state foreign bank branch is permitted to establish and operate additional offices subject to section 3711. For purposes of section 3711, the principal office of a foreign bank operating under this act shall be its first state agency or state foreign bank branch established in this state.

A state agency or state foreign bank branch shall not be required to become an insured bank, as insured bank is defined in section 3 of the federal deposit insurance act, unless the state foreign bank branch accepts deposits described in section 3 of the federal deposit insurance act.

A foreign bank that operates a state agency or state foreign bank branch in this state shall maintain the accounts and conduct the business of the state agency or state foreign bank branch independently of the accounts and business of the parent foreign bank.

The commissioner may examine the books, accounts, records, and files of the foreign bank that contain information regarding the accounts and business of a state agency, state foreign bank branch, or foreign bank representative office.

History: 1999, Act 276, Eff. Mar. 1, 2000
Mich. Comp. Laws § 380.1311b — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1311b
Strict discipline academy; powers; definitions.
Status: in_force

Sec. 1311b.

(1) A strict discipline academy is a public school under section 2 of article VIII of the state constitution of 1963, is a school district for the purposes of section 11 of article IX of the state constitution of 1963 and for the purposes of section 1225 and section 1351a, and is subject to the leadership and general supervision of the state board over all public education under section 3 of article VIII of the state constitution of 1963. A strict discipline academy is a body corporate and is a governmental agency. The powers granted to a strict discipline academy under sections 1311b to 1311 l constitute the performance of essential public purposes and governmental functions of this state.

(2) As used in sections 1311b to 1311 l :

(a) "Authorizing body" means any of the following that issues a contract as provided in sections 1311b to 1311 l :

( i ) The board of a school district that operates grades K to 12.

( ii ) An intermediate school board.

( iii ) The board of a community college.

( iv ) The governing board of a state public university.

(b) "Certificated teacher" means an individual who holds a valid teaching certificate issued by the state board under section 1531.

(c) "Community college" means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or a federal tribally controlled community college that is recognized under the tribally controlled colleges and universities assistance act of 1978, 25 USC 1801 to 1852, and is determined by the department to meet the requirements for accreditation by a recognized regional accrediting body.

(d) "Contract" means the executive act taken by an authorizing body that evidences the authorization of a strict discipline academy and that establishes, subject to the constitutional powers of the state board and applicable law, the written instrument executed by an authorizing body conferring certain rights, franchises, privileges, and obligations on a strict discipline academy, as provided by sections 1311b to 1311 l , and confirming the status of a strict discipline academy as a public school in this state.

(e) "Entity" means a partnership, nonprofit or business corporation, labor organization, or any other association, corporation, trust, or other legal entity.

(f) "State public university" means a university described in section 4, 5, or 6 of article VIII of the state constitution of 1963.

History: Add. 1999, Act 23, Imd. Eff. May 12, 1999; Am. 2012, Act 620, Eff. Mar. 28, 2013
Mich. Comp. Laws § 700.3206b — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3206b
Revocation of funeral representative designation.
Status: in_force

Sec. 3206b.

A funeral representative designation is revoked by 1 or more of the following:

(a) Unless a successor funeral representative has been designated, any of the following:

( i ) The funeral representative's resignation.

( ii ) The funeral representative cannot be located after reasonable efforts by the decedent's family or funeral establishment.

( iii ) The funeral representative refuses to act within 48 hours after receiving notice of the decedent's death.

(b) The declarant's revocation of the funeral representative designation. The declarant's revocation of the funeral representative designation must be in writing and signed in the manner as provided in section 3206(2).

(c) A subsequent funeral representative designation that revokes the prior funeral representative designation either expressly or by inconsistency.

History: Add. 2016, Act 57, Eff. June 27, 2016
Mich. Comp. Laws § 259.454 — MI Code / Chapter 259 / Act Act-23-of-1950-Ex-Sess- / Section 259.454
Airport zoning regulations; variance.
Status: in_force

Sec. 24.

A person desiring to erect a structure, or increase the height of a structure, or permit the growth of a tree, or otherwise use property in violation of the airport zoning regulations adopted under this act, may apply to the board of appeals, for a variance from the zoning regulations in question. The board of appeals shall allow a variance if a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the regulations. However, a variance may be granted subject to any reasonable condition or condition subsequent that the board of appeals considers necessary to effectuate the purposes of this act. A variance shall not conflict with a general zoning ordinance or regulation of a political subdivision. However, a variance may conflict with a zoning ordinance or regulation adopted exclusively for airport zoning purposes.

A variance from an airport zoning regulation may be applied for and granted pursuant to section 4 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.54, and this act.

History: 1950, Ex. Sess., Act 23, Imd. Eff. June 7, 1950; Am. 2000, Act 16, Imd. Eff. Mar. 8, 2000
Mich. Comp. Laws § 600.2005 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.2005
Married women; tort; action against both spouses.
Status: in_force

Sec. 2005.

No suit may be brought against husband and wife, jointly, or against the husband alone, for any tort of the wife, unless such tort was committed under such circumstances as to render them both liable.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 390.1026 — MI Code / Chapter 390 / Act Act-75-of-1974 / Section 390.1026
Payment and use of amounts appropriated; authorization of expenditures.
Status: in_force

Sec. 6.

The amounts appropriated shall be paid out of the general fund of the state at such times and in such manner as is provided by law.

Expenditures under this act shall be authorized when the release of the appropriation is authorized by the state administrative board.

The amounts appropriated shall be used solely for the respective purposes stated in this act except as otherwise provided by law.

History: 1974, Act 75, Imd. Eff. Apr. 4, 1974
Mich. Comp. Laws § 712B.11 — MI Code / Chapter 701 / Act Act-288-of-1939 / Section 712B.11
Examination of reports or documents by parties.
Status: in_force

Sec. 11.

Each party to a foster care or termination of parental rights proceeding involving an Indian child has a right to examine all reports or other documents filed with the court upon which any decision with respect to that proceeding may be based.

History: Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Mich. Comp. Laws § 324.19102 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.19102
Definitions; A to N.
Status: in_force

Sec. 19102.

"Approved solid waste management plan" means a solid waste management plan submitted and approved under part 115.

"Capital costs" means those allowable costs, as determined by the department, of constructing or equipping, or both, a solid waste transfer facility, a recycling project, or a composting project.

"Composting project" means a project in which yard wastes, including leaves and grass clippings, are converted into humus through natural biological processes.

"Disposal area" means disposal area as defined in part 115.

"Fund" means the clean Michigan fund created in section 19104.

"Municipality" means a county, city, village, township, or an agency of a county, city, village, or township; an authority or any other public body created by or pursuant to state law; or this state or an agency or department of this state.

"Nonprofit private entity" means a private entity that carries out any lawful purpose or purposes not involving pecuniary profit or gain for its directors, officers, shareholders, or members.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 485.213 — MI Code / Chapter 485 / Act Act-91-of-1887 / Section 485.213
Consolidation; procedure; powers of new corporation; articles or certified copy as evidence.
Status: in_force

Sec. 13.

Any corporation formed under this act and any corporation of an adjoining state created for any similar or kindred purpose upon the same river may consolidate their stock, property and franchises in the manner and upon the terms agreed upon by the respective corporations, and such consolidated corporations shall possess and have authority to exercise all the rights, privileges and franchises granted by this act: Provided, That no such consolidation shall be made without the assent of the holders of 3/4 of the capital stock of the consolidating companies: And provided further, That in case of any consolidation of corporations under this act, such consolidated corporations shall have power to assume a name, fix their capital stock, which shall in no case exceed the joint capital of the corporations so consolidated, to fix the number of its directors, which shall be not less than 3 nor more than 9, to adopt a common seal and to fix its term of existence, which shall not exceed 30 years from the date of such consolidation, and such articles of consolidation, when duly executed and filed in the office of the secretary of state, or a certified copy thereof, shall be prima facie evidence in all courts of the existence of such consolidated company.

History: 1887, Act 91, Imd. Eff. Apr. 26, 1887; How. 3873m; CL 1897, 6762; CL 1915, 8862; CL 1929, 11797; CL 1948, 485.213
Mich. Comp. Laws § 722.680 — MI Code / Chapter 722 / Act Act-33-of-1978 / Section 722.680
Advisory opinion as to legality of disseminating sexually explicit matter to minor; action for declaratory judgment; prosecuting attorney as defendant; counterclaim for injunctive relief; dismissal of action.
Status: in_force

Sec. 10.

A person intending to disseminate to a minor matter that may be considered sexually explicit may request, from the prosecuting attorney of the county in which the dissemination is intended, an advisory opinion as to the legality of that dissemination. The request for an advisory opinion shall be in writing and shall be accompanied by a reasonable and timely opportunity for the prosecuting attorney to examine the matter. Not more than 5 business days after receipt of a proper request, the prosecuting attorney shall issue to the person making the request an advisory opinion, or a refusal to issue an advisory opinion, in writing. The advisory opinion shall state in unequivocal terms whether knowing dissemination of the matter to a minor would be considered by the prosecuting attorney to violate section 5.

A person who has requested an advisory opinion may commence an action for a declaratory judgment in the circuit court in the same county to obtain an adjudication of the legality of the intended dissemination if either of the following conditions exist:

The action is commenced more than 5 business days after submission of a proper request, and the prosecuting attorney has failed to issue an advisory opinion.

The prosecuting attorney has issued an advisory opinion and that opinion fails to state in unequivocal terms that knowing dissemination of the matter to a minor would not be considered by the prosecuting attorney to violate section 5.

The prosecuting attorney shall be made the defendant to an action commenced pursuant to subsection (2). In responding to the complaint, the prosecuting attorney may join a counterclaim for the injunctive relief permitted under section 9.

If the prosecuting attorney, after commencement of the action, issues an advisory opinion stating in unequivocal terms that knowing dissemination of the matter to a minor would not be considered by the prosecuting attorney to violate section 5, the action shall be dismissed.

History: 1978, Act 33, Eff. June 1, 1978
Mich. Comp. Laws § 28.308 — MI Code / Chapter 28 / Act Act-23-of-2008 / Section 28.308
Conduct as felony; penalty.
Status: in_force

Sec. 8.

A person who makes a false certification or statement in applying for an enhanced driver license or enhanced official state personal identification card is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

History: 2008, Act 23, Imd. Eff. Mar. 13, 2008
Mich. Comp. Laws § 490.405 — MI Code / Chapter 490 / Act Act-215-of-2003 / Section 490.405
Pledging domestic credit union assets as collateral security; limitations.
Status: in_force

Sec. 405.

A domestic credit union shall not give preference to any member or depositor by pledging the assets of the domestic credit union as collateral security for purposes of accepting the funds or money of any county, city, village, township, school district, or community college district. With written consent of the commissioner, a domestic credit union may pledge assets of the domestic credit union in an amount not in excess of 10% of its total shares and deposits for the purpose of securing any of the following:

Shares or deposits belonging to the United States or belonging to or administered by an officer, instrumentality, or agent of the United States, shares or deposits of estates being administered by a federal court under federal bankruptcy laws, and any other shares or deposits if required or permitted to do so under the laws of the United States or an order of a federal court.

Shares or deposits acquired or made with surplus funds of this state held by the state treasurer.

Shares or deposits belonging to the Mackinac bridge authority, a political subdivision of this state under 1950 (Ex Sess) PA 21, MCL 254.301 to 254.304.

Shares or deposits of the international bridge authority, a political subdivision of this state under 1954 PA 99, MCL 254.221 to 254.240.

Shares owned or funds on deposit under 1941 PA 205, MCL 252.51 to 252.64.

Shares or deposits belonging to the Michigan employment security commission.

Shares or deposits acquired or made by the Michigan state housing development authority with funds constituting proceeds of the sale of the authority's notes and bonds and repayments of the notes and bonds under the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.

The requirements, restrictions, and limitations imposed by subsection (1) do not apply to the pledging of obligations of the United States, direct or fully guaranteed, or both, for the purpose of securing shares or deposits owned by the United States when such shares or deposits are established coincidentally with the purchase of obligations of the United States by or through any domestic credit union.

History: 2003, Act 215, Eff. June 1, 2004
Mich. Comp. Laws § 125.2701 — MI Code / Chapter 125 / Act Act-127-of-1999 / Section 125.2701
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "urban homestead act".

History: 1999, Act 127, Imd. Eff. July 23, 1999
Mich. Comp. Laws § 750.227c — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.227c
Transporting or possessing loaded firearm in or upon vehicle propelled by mechanical means; violation as misdemeanor; penalty.
Status: in_force

Sec. 227c.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means either of the following:

(a) A firearm, other than a pistol, that is loaded.

(b) A pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber.

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.

History: Add. 1981, Act 103, Eff. Mar. 31, 1982; Am. 2015, Act 26, Eff. July 1, 2015
Mich. Comp. Laws § 125.541c — MI Code / Chapter 125 / Act Act-167-of-1917 / Section 125.541c
Board of appeals; establishment; appointment and terms of members; vacancy; election of officers; quorum; compensation; expenses; meetings; writings.
Status: in_force

Sec. 141c.

(1) The legislative body of a city, village, or township may establish a board of appeals to hear all of the cases and carry out all of the duties of the legislative body described in section 141(3) and (4).

(2) A board of appeals shall consist of the following members, appointed by the legislative body of the city, village, or township:

(a) A building contractor.

(b) An architect or professional engineer who is licensed under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.

(c) Two members of the general public.

(d) An individual registered as a building official, plan reviewer, or inspector under article 10 of the skilled trades regulation act, MCL 339.6001 to 339.6023. The individual may be an employee of the enforcing agency.

(3) Board of appeals members shall be appointed for 3 years, except that of the members first appointed, 2 members shall serve for 1 year, 2 members shall serve for 2 years, and 1 member shall serve for 3 years. A vacancy created other than by expiration of a term shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member may be reappointed for additional terms.

(4) A board of appeals annually shall elect a chairperson, vice-chairperson, and other officers that the board considers necessary.

(5) A majority of the members of the board of appeals members who are appointed and serving constitute a quorum. Final action of a board of appeals shall be only by affirmative vote of a majority of the board members who are appointed and serving.

(6) The legislative body of the city, village, or township shall establish the amount of any per diem compensation provided to the members of its board of appeals. The expenses of a member of the board of appeals incurred in the performance of his or her official duties may be reimbursed as provided by law for employees of the legislative body of the city, village, or township.

(7) A meeting of a board of appeals shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of a meeting of a board of appeals shall be given in the manner required under that act.

(8) A writing prepared, owned, used, in the possession of, or retained by a board of appeals in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

History: Add. 1992, Act 144, Eff. Mar. 31, 1993; Am. 2016, Act 408, Eff. Apr. 4, 2017