FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 18.1712 — MI Code / Chapter 18 / Act Act-625-of-2012 / Section 18.1712
"Cost-effective" defined.
Status: in_force

Sec. 2.

"Cost-effective" means that the present value to a governmental unit of the energy, utility, capital cost avoidance, capital improvement, and operational costs and revenues reasonably expected to be saved or produced by a facility, activity, measure, equipment, or system over its useful life, including any compensation received from a utility, is greater than the net present value of the costs of implementing, maintaining, and operating such facility, activity, measure, equipment, or system over its useful life, if discounted at the cost of public borrowing.

History: 2012, Act 625, Eff. Mar. 28, 2013
Mich. Comp. Laws § 700.7908 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.7908
Exculpation of trustee.
Status: in_force

Sec. 7908.

(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that either of the following applies:

(a) The term relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the trust beneficiaries.

(b) The term was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

(2) The terms of a trust relieving a trustee of liability for breach of trust for the acquisition or retention of a particular asset or asset class or failure to diversify investments are enforceable.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010
Mich. Comp. Laws § 457.607 — MI Code / Chapter 457 / Act Act-106-of-1891 / Section 457.607
Supreme temple; only one to be incorporated; approval of articles of subordinate bodies.
Status: in_force

Sec. 7.

No more than 1 association shall be incorporated under this act as the supreme temple of the Legion of the Cross, and the articles of association of any grand temple or primary society of said order shall not be accepted for record in the office of the secretary of state, unless the same shall have indorsed thereon the approval of the supreme temple of said order, by the supreme presiding officer and supreme secretary, attested by the seal of the supreme temple.

History: 1891, Act 106, Eff. Oct. 2, 1891; CL 1897, 8105; CL 1915, 10579; CL 1929, 10780; CL 1948, 457.607
Mich. Comp. Laws § 324.34131 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.34131
Special assessment taxes; interest, charges, collections, disbursement; defense of collector; limitation on actions; payments under protest; liens.
Status: in_force

Sec. 34131.

All irrigation special assessment taxes assessed under this part shall be subject to the same interest and charges, and shall be collected in the same manner, as state and other general taxes are collected, and collecting officers are vested with the same power and authority in the collection of the taxes as are or may be conferred by law for collecting general taxes. Irrigation special assessment taxes, when collected, shall be returned to the county treasurer to be disbursed by him or her. If a suit is brought against the collector arising out of the collection of an irrigation special assessment tax, the county shall defend the collector in the same manner that he or she has the right to be defended in the collection of general taxes. A suit shall not be instituted to recover any special assessment tax or money paid or property sold therefor, or for damages on account thereof, unless brought within 30 days from the time of payment of the money to, or sale of the property by, the collecting officer. If the tax is paid under protest, the reasons for the protest shall be specified, and the same procedure observed as is required by the general tax law. All taxes levied under this part, with all lawful costs, interest, and charges, shall be and remain a perpetual lien upon the lands upon which they are assessed, and a personal claim against the owner of the lands until they are paid. If the taxes levied by the special assessment irrigation district are not collected by the treasurer of a participating municipality, they shall be returned by him or her, together with the lands upon which they were levied, to the county treasurer in the same return, at the same time, and in the same manner, in every respect, naming in each case the particular irrigation district, as lands are returned for state, county, and township taxes, and the taxes shall follow the lands, the same as all other taxes, and all the general provisions of law for enforcing the payment of township, county, and state taxes shall apply to irrigation special assessment taxes and to the lands returned delinquent for those taxes, in the same manner and with the same effect.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 700.1006 — MI Code / Chapter 700 / Act Act-59-of-2016 / Section 700.1006
Disclosure of digital assets by digital custodian; requirements.
Status: in_force

Sec. 6.

(1) When disclosing the digital assets of a user under this act, the digital custodian may at its sole discretion do any of the following:

(a) Grant a fiduciary or designated recipient full access to the user's account.

(b) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.

(c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the digital custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

(2) A digital custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this act.

(3) A digital custodian is not required to disclose under this act a digital asset deleted by a user.

(4) If a user directs or a fiduciary requests a digital custodian to disclose under this act some, but not all, of the user's digital assets, the digital custodian is not required to disclose the requested digital assets if segregation of the requested digital assets would impose an undue burden on the digital custodian. If the digital custodian believes the direction or request imposes an undue burden, the digital custodian or fiduciary may seek an order from the court to disclose any of the following:

(a) A subset limited by date of the user's digital assets.

(b) All of the user's digital assets to the fiduciary or designated recipient.

(c) None of the user's digital assets.

(d) All of the user's digital assets to the court for review in camera.

History: 2016, Act 59, Eff. June 27, 2016
Mich. Comp. Laws § 397.155 — MI Code / Chapter 397 / Act Act-250-of-1931 / Section 397.155
Board of trustees; powers.
Status: in_force

Sec. 5.

The board of trustees of each regional library so established shall have the following powers:

To establish, maintain and operate a public library for the region.

To appoint a professionally qualified librarian, and the necessary assistants, and to fix their compensation. Said board shall also have the power to remove said librarian and other assistants.

To purchase books, periodicals, equipment and supplies.

To purchase sites and erect buildings, or to lease suitable quarters, and to have supervision and control of such property.

To borrow books from and lend books to other libraries.

To enter into contracts to receive service from or give service to libraries within or without the region and to give service to municipalities without the region which have no libraries.

To have exclusive control of the expenditure of all moneys collected to the credit of the library fund.

To make such bylaws, rules and regulations not inconsistent with this act as may be expedient for their own government and that of the library.

History: 1931, Act 250, Eff. Sept. 18, 1931; CL 1948, 397.155; Am. 1961, Act 116, Eff. Sept. 8, 1961
Mich. Comp. Laws § 389.38 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.38
Regular community college election; separate propositions.
Status: in_force

Sec. 38.

At a regular community college election, separate propositions may be submitted to the electors in addition to the election of trustees of the community college district when authorized by the board of trustees.

History: 1966, Act 331, Eff. Oct. 1, 1966; Am. 2003, Act 306, Eff. Jan. 1, 2005; Am. 2005, Act 62, Imd. Eff. July 7, 2005
Mich. Comp. Laws § 442.218 — MI Code / Chapter 442 / Act Act-39-of-1961 / Section 442.218
Licenses; application, clerk's records.
Status: in_force

Sec. 8.

Every city, village or township clerk to whom application is made, shall indorse upon the application the date of its filing, shall preserve the same as a record of his office, and shall make an abstract of the facts set forth in the application in a book kept for that purpose, properly indexed, containing the name of the person asking such license, the nature of the proposed sale, the place where the sale is to be conducted, its duration, the inventory of the goods to be sold and a general statement as to where the same came from and shall make in the book a notation as to the issuance or refusal of the license applied for together with the date of the same. The clerk shall indorse on the application the date the license is granted or refused, and the application and abstract shall be prima facie evidence of all statements therein contained.

History: 1961, Act 39, Eff. Sept. 8, 1961
Mich. Comp. Laws § 500.3503 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3503
Applicability of provisions to health maintenance organization.
Status: in_force

Sec. 3503.

(1) Unless specifically excluded, or otherwise specifically provided for in this chapter, all of the provisions of this act that apply to a domestic insurer authorized to issue a health insurance policy apply to a health maintenance organization.

(2) Sections 408, 410, 411, and 901, and chapters 77 and 79 do not apply to a health maintenance organization.

History: Add. 2000, Act 252, Imd. Eff. June 29, 2000; Am. 2006, Act 366, Imd. Eff. Sept. 18, 2006; Am. 2016, Act 276, Imd. Eff. July 1, 2016
Mich. Comp. Laws § 205.94ll — MI Code / Chapter 205 / Act Act-94-of-1937 / Section 205.94ll
Storage, use, or consumption of firearm safety devices; exemption; definitions.
Status: in_force

Sec. 4 ll .

(1) Beginning 90 days after the effective date of the amendatory act that added this section through December 31, 2024, the tax levied under this act does not apply to the storage, use, or consumption of a firearm safety device. On the retail sale or transfer of a firearm, the seller shall provide a written notice to the purchaser and shall post in a conspicuous manner at all points of sale on the premises where firearms are sold a notice that says the following: "The state of Michigan has exempted the sale of firearm safety devices from the sales and use tax imposed by this state through December 31, 2024.".

(2) As used in this section:

(a) "Firearm safety device" means, except as otherwise provided in subdivision (b), equipment, designed to prevent unauthorized access to, or operation or discharge of, a firearm, that is either of the following:

( i ) A device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device.

( ii ) A gun safe, gun case, lockbox, or other device that is designed, in light of materials used, to prevent access to a firearm by any means other than a key, a combination, biometric data, or other similar means.

(b) Firearm safety device does not include a glass-faced cabinet or other form of storage that is primarily designed to allow for the display of firearms.

History: Add. 2023, Act 14, Eff. Feb. 13, 2024
Mich. Comp. Laws § 500.3805 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3805
Medicare supplement policy; definitions.
Status: in_force

Sec. 3805.

As used in a medicare supplement policy:

(a) The definition of "accident", "accidental injury", or "accidental means" shall not include words that establish an accidental means test or use words such as "external, violent, visible wounds" or similar words of description or characterization. The definition may provide that injuries shall not include injuries for which benefits are provided or available under any worker's compensation, employer's liability or similar law, or motor vehicle no-fault plan, unless prohibited by law.

(b) The definition of "benefit period" or "medicare benefit period" shall not be defined in a more restrictive manner than as defined in medicare.

(c) "Hospital" may be defined in relation to its status, facilities, and available services or to reflect its accreditation by the joint commission on accreditation of hospitals, but not more restrictively than as defined in medicare.

(d) The definition of "medicare eligible expenses" shall mean health care expenses of the kinds covered by part A and part B of medicare, to the extent recognized as reasonable and medically necessary by medicare.

(e) "Nurses" may be defined so that the description of nurse is to a type of nurse, such as a registered professional nurse or a licensed practical nurse. If the words "nurse", "trained nurse", or "registered nurse" are used without specific instruction, then the use of those terms requires the insurer to recognize the services of any individual who qualifies under those terms in accordance with the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(f) "Physician" shall not be defined more restrictively than as defined in medicare.

(g) "Sickness" shall not be defined more restrictively than to mean illness or disease of an insured person that first manifests itself after the effective date of insurance and while the insurance is in force. The definition may be further modified to exclude sicknesses or diseases for which benefits are provided to the insured under any worker's compensation, occupational disease, employer's liability, or similar law.

(h) "Skilled nursing facility" shall not be defined more restrictively than as defined in medicare.

History: Add. 1992, Act 84, Imd. Eff. June 2, 1992; Am. 2006, Act 462, Imd. Eff. Dec. 20, 2006
Mich. Comp. Laws § 554.253 — MI Code / Chapter 554 / Act Act-314-of-1921 / Section 554.253
Failure to support adjacent land; equitable relief.
Status: in_force

Sec. 3.

The owners or occupants of adjoining lands or structures shall also be entitled to relief in a court of equity by way of injunction or other appropriate equitable relief, to restrain the prosecution of such excavating operations without the taking of such precautions to provide such lateral and subjacent support as are reasonable under the circumstances, and it shall not be necessary in such proceedings to allege or show that there is no adequate remedy at law. Such court of equity shall have jurisdiction in such proceedings to adjudicate all disputes arising in connection with the subject matter thereof.

History: 1921, Act 314, Eff. Aug. 18, 1921; CL 1929, 13502; CL 1948, 554.253
Mich. Comp. Laws § 600.9934 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.9934
Commencement of district court function in forty-fifth-a and forty-fifth-b districts; abolition of municipal courts; judges of forty-fifth-a and forty-fifth-b districts; terms; affidavit of candidacy; designation of judge on ballot.
Status: in_force

Sec. 9934.

The district court shall commence to function in the forty-fifth-a and forty-fifth-b districts as of January 1, 1975 and as of that date all municipal courts within the district shall be abolished.

Effective January 1, 1975, the elected incumbent attorney municipal judge of the city of Berkley shall become the judge of the district court within the forty-fifth-a district and shall serve as a district judge until 12 noon of January 1 of the odd numbered year next following the date on which his term as municipal judge would normally have expired. In seeking election to the district court after January 1, 1975, the municipal judge becoming a judge of the district court pursuant to this subsection may file an affidavit of candidacy in like manner as other incumbent judges of the district court and shall be entitled to designation on the ballot as a judge of the district court.

Effective January 1, 1975, the elected incumbent attorney municipal judge and associate municipal judge of the city of Oak Park shall become judges of the district court within the forty-fifth-b district and each shall serve as a district judge until 12 noon of January 1 of the odd numbered year next following the date on which his term as municipal judge would normally have expired. In seeking election to the district court after January 1, 1975, a municipal or associate municipal judge becoming a judge of the district court pursuant to this subsection may file an affidavit of candidacy in like manner as other incumbent judges of the district court and shall be entitled to designation on the ballot as a judge of the district court.

History: Add. 1974, Act 145, Imd. Eff. June 7, 1974
Mich. Comp. Laws § 324.11567 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11567
Creation of soil-like product; blending requirements; gypsum drywall.
Status: in_force

Sec. 11567.

(1) A person may blend low-hazard industrial waste or compost additives with general use compost or compost produced from yard waste to create a soil-like product if all of the following conditions are met, as applicable:

(a) The blending occurs at a class 1 or class 2 composting facility.

(b) The mixture meets the requirements of section 11553(5) or other requirements approved by the department.

(c) If the blending is with general use compost, the blending occurs within 30 days after the low-hazard industrial waste or compost additives are collected at the class 1 or class 2 composting facility.

(2) Gypsum drywall may be added to finished compost if the gypsum drywall constitutes less than 50% of the compost by weight and is less than 1/4 inch in diameter.

History: Add. 2022, Act 249, Eff. Mar. 29, 2023
Mich. Comp. Laws § 333.21701 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.21701
Meanings of words and phrases; general definitions and principles of construction.
Status: in_force

Sec. 21701.

For purposes of this part, the words and phrases defined in sections 21702 to 21703 have the meanings ascribed to them in those sections.

In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 201 contains definitions applicable to this part.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1978, Act 493, Eff. Mar. 30, 1979
Mich. Comp. Laws § 763.9 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 763.9
Failure to record or preserve recorded statement.
Status: in_force

Sec. 9.

Any failure to record a statement as required under section 8 of this chapter or to preserve a recorded statement does not prevent any law enforcement official present during the taking of the statement from testifying in court as to the circumstances and content of the individual's statement if the court determines that the statement is otherwise admissible. However, unless the individual objected to having the interrogation recorded and that objection was properly documented under section 8(3), the jury shall be instructed that it is the law of this state to record statements of an individual in custodial detention who is under interrogation for a major felony and that the jury may consider the absence of a recording in evaluating the evidence relating to the individual's statement.

History: Add. 2012, Act 479, Eff. Mar. 28, 2013
Mich. Comp. Laws § 257.1105 — MI Code / Chapter 257 / Act Act-198-of-1965 / Section 257.1105
Service of process; secretary of state as agent; procedure; failure to serve as bar to recovery; intervention; exception; limitation on payment.
Status: in_force

Sec. 5.

The secretary is deemed to be an agent of the owner or operator of every uninsured motor vehicle for service of process in an action in this state arising out of the use or operation in this state of the uninsured motor vehicle. Where an action is commenced, summons and complaint shall be served on the secretary by certified or registered mail or by leaving a copy thereof with or at the office of the secretary who shall forward a copy of the summons and complaint forthwith by certified mail to the defendant at his last address as recorded with the secretary. In an action to recover damages arising out of the use or operation of an uninsured motor vehicle, failure to serve summons and complaint upon the secretary shall constitute a bar to recovery from the fund. In actions where summons and complaint have been served upon the secretary, the secretary shall have the right to intervene in the action as a party defendant. This act does not apply to an accident occurring after the effective date of this amendatory act for which benefits are payable in whole or in part under sections 3101 to 3179 of Act No. 218 of the Public Acts of 1956, as amended. A payment shall not be made under this act for an accident occurring after the effective date of this amendatory act to an owner or registrant of a motor vehicle for which security under sections 3101 to 3179 of Act No. 218 of the Public Acts of 1956, as amended, is required.

History: 1965, Act 198, Eff. Nov. 1, 1965; Am. 1967, Act 274, Imd. Eff. July 20, 1967; Am. 1974, Act 223, Imd. Eff. July 26, 1974
Mich. Comp. Laws § 324.106 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.106
Orders; effect.
Status: in_force

Sec. 106.

Except as otherwise provided by law, this act does not repeal or alter the content or effect of orders that were issued pursuant to an act that is repealed by this act and codified as a part of this act.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 400.708 — MI Code / Chapter 400 / Act Act-218-of-1979 / Section 400.708
Adult foster care licensing advisory council; creation; appointment, qualifications, and terms of members; vacancy; compensation; schedule for reimbursement; content and enforcement of rules; conducting business at public meeting; availability of writings to public.
Status: in_force

Sec. 8.

The adult foster care licensing advisory council is created within the department. The council shall consist of 11 members, appointed by the director. The director shall appoint at least 1 member of the council from appropriate state and local agencies, private or public organizations, adult foster care providers, and residents of adult foster care facilities or their representatives. In appointing the first members of the council, the director shall appoint 3 members for a term of 1 year, 4 for 2 years, and 4 for 3 years. After the initial appointment, members shall serve 3-year terms. A vacancy shall be filled for the remainder of the unexpired term in the same manner as original appointments are made.

The per diem compensation of the council members and the schedule for reimbursement of travel and other expenses shall be pursuant to the compensation and schedules established by the legislature. The council shall meet not more than once each month. The council shall advise the department on the content of rules and their enforcement.

The business which the council may perform shall be conducted at a public meeting of the council held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.

Except as provided in section 12, a writing prepared, owned, used, in the possession of, or retained by the council in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, as amended, being sections 15.231 to 15.246 of the Michigan Compiled Laws.

History: 1979, Act 218, Eff. Mar. 27, 1980