FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 408.1113 — MI Code / Chapter 408 / Act Act-10-of-2023 / Section 408.1113
Violation of act; civil penalties.
Status: in_force

Sec. 13.

(1) In addition to any other penalty provided by law, the commissioner may assess a civil penalty of not more than $5,000.00 for each violation of this act and an additional 10% penalty as determined by the commissioner.

(2) A civil penalty issued must be paid to the commissioner, made payable to the state of Michigan and credited to the State General Fund.

(3) A civil penalty owed under this act is due to the commissioner not later than 15 working days after the date the penalty is issued and not subject to further appeals.

(4) If the penalty remains unpaid beyond the period specified in subsection (3), the commissioner shall issue a letter to the employer demanding payment not later than 20 days after the date of the letter.

(5) If the penalty remains unpaid following the period specified in subsection (4), the department of treasury shall institute proceedings to collect the amount assessed as a civil penalty. The department of treasury shall offset the amount of the penalty against money owed by the state to the employer for any reason. The department of treasury shall request the attorney general recover the amount of the penalty remaining unpaid, after offsets, by instituting a civil action in a court of competent jurisdiction or in Ingham County.

History: 2023, Act 10, Eff. Feb. 13, 2024
Mich. Comp. Laws § 488.10 — MI Code / Chapter 488 / Act Act-322-of-1978 / Section 488.10
Electronic funds transfer terminals; number; availability; transfer of funds into deposit acccount.
Status: in_force

Sec. 10.

A financial institution may make available to its customers 1 or more electronic funds transfer terminals anywhere in this state subject to this section and sections 12 to 28.

The electronic funds transfer terminals may be made available by the financial institution solely to its own customers if the terminals are located on the premises of its main office or approved branch. As used in this subsection, “approved branch” does not include electronic funds transfer terminals located at a place where the financial institution carries on no other substantial financial functions for its customers.

Except as provided in subsection (2), an electronic funds transfer terminal shall not be available to the customers of a financial institution unless it is available for use by the customers of any financial institution on a basis which is not unfairly discriminatory upon request of a financial institution and agreement by the financial institution to pay reasonable fees.

Unless the participating financial institution agrees otherwise, an electronic funds transfer terminal shall not be used to transfer funds directly or indirectly from a customer's deposit account in that financial institution into a deposit account of that customer in another financial institution, except that the function of receiving for deposit in a financial institution of an item that is payable by another financial institution shall not constitute a transfer of funds, under this subsection if the item is received for collection rather than immediate payment.

History: 1978, Act 322, Eff. Jan. 1, 1979
Mich. Comp. Laws § 435.171 — MI Code / Chapter 435 / Act S-C-R-6-of-1885 / Section 435.171
Arbor day.
Status: in_force

Resolved (the House concurring), That the Governor is hereby requested to call the attention of the people of this State to the importance of planting trees for ornament and shade, by naming a day upon which this work shall be given special attention, to be known as "Arbor Day."

History: 1885, S.C.R. 6, Imd. Eff. Mar. 26, 1885; CL 1897, 1754; CL 1915, 1094; CL 1929, 9088; CL 1948, 435.171
Mich. Comp. Laws § 419.203 — MI Code / Chapter 419 / Act Act-9-of-1942-1st-Ex-Sess- / Section 419.203
Death benefits equivalent to amount provided under worker's disability compensation act; compensation of dependents.
Status: in_force

Sec. 3.

The surviving spouse and dependents of a fire fighter who is killed in safeguarding life or property outside his or her jurisdiction from damage due to an explosion, fire, or other disaster, however caused, or in transportation to or from a fire, explosion, or other disaster, however caused, outside his or her jurisdiction, shall receive the sum of $500.00 for defraying the expense of burial, and compensation equivalent to the amount provided at the time of death of the fire fighter under the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, being sections 418.101 to 418.941 of the Michigan Compiled Laws. Compensation shall be payable to the spouse of the fire fighter, if living, and until remarriage; the children of the fire fighter, while dependent; the mother, father, or both, of the fire fighter, while dependent; and the brothers and sisters of the fire fighter, while dependent; in the order named. If the fire fighter does not leave a surviving spouse or any dependents as defined in this section, the estate of the fire fighter shall receive the sum of $500.00 for the expense of the fire fighter's burial.

History: 1942, 1st Ex. Sess., Act 9, Imd. Eff. Jan. 28, 1942; CL 1948, 419.203; Am. 1957, Act 122, Eff. Sept. 27, 1957; Am. 1983, Act 207, Imd. Eff. Nov. 10, 1983
Mich. Comp. Laws § 333.1222 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.1222
Renewals; distribution of work; pro rata fee; waiver.
Status: in_force

Sec. 1222.

In order to distribute the work of renewals in the interests of administrative efficiency, the appropriate state agency may:

Schedule expirations established under section 16194 or otherwise under law to spread them over each year of a biennium or longer term.

Issue initial licenses in the interim during a normal term to expire on the next normal expiration date or the first normal expiration date thereafter, and prorate the fees therefor.

The issuing agency shall collect, before a renewal is issued under section 1221 or this section, a pro rata fee for the period of the extension granted under section 1221 or this section. However, to save administrative costs, the agency may waive this fee for an extension of not more than 2 months.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 47.12 — MI Code / Chapter 47 / Act Act-275-of-1913 / Section 47.12
Board of county auditors; county prosecuting attorney as legal advisor, duties.
Status: in_force

Sec. 12.

The prosecuting attorney for the said county shall, without any compensation other than his regular salary, be the legal advisor of said board of auditors and shall, on the request of any member thereof, render an opinion in writing on the legal status of any bill pending before said board, and shall on his motion, investigate the findings of said board, whenever in his opinion, the public service will be benefited thereby, and shall institute criminal proceedings against the members of said board or any of them, for malfeasance or misfeasance in office.

History: 1913, Act 275, Eff. Aug. 14, 1913; CL 1915, 2356; CL 1929, 1214; CL 1948, 47.12
Mich. Comp. Laws § 324.41710 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.41710
Open season; duration; orders.
Status: in_force

Sec. 41710.

By order, the department may establish an open season for game bird hunting preserves that shall be not less than 120 days. The department may issue other orders governing the administration of this part as the department considers expedient.

Orders issued under subsection (1) shall be issued subject to the procedure under section 40107.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995; Am. 2001, Act 23, Imd. Eff. June 18, 2001
Mich. Comp. Laws § 408.416 — MI Code / Chapter 408 / Act Act-138-of-2014 / Section 408.416
Rules.
Status: in_force

Sec. 6.

The commissioner may promulgate rules necessary for administration of this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

History: 2014, Act 138, Imd. Eff. May 27, 2014
Mich. Comp. Laws § 554.352 — MI Code / Chapter 554 / Act Act-280-of-1915 / Section 554.352
Gift or grant for certain purposes; jurisdiction of court; trust construction; prosecutor duties.
Status: in_force

Sec. 2.

The circuit court for the proper county shall have jurisdiction and control over the gifts, grants, bequests and devises in all cases provided for by section 1. Every such trust shall be liberally construed by the court so that the intentions of the creator thereof shall be carried out whenever possible. The attorney general shall represent the people of the state and the beneficiaries in all cases where they are uncertain or indefinite, and shall enforce such trusts by proper proceedings in the court, but the attorney general shall not be required to perform any duties in connection with such trusts in any court outside of this state.

History: 1915, Act 280, Eff. Aug. 24, 1915; CL 1915, 11100; CL 1929, 13513; CL 1948, 554.352; Am. 1965, Act 12, Imd. Eff. Apr. 13, 1965
Mich. Comp. Laws § 339.5313 — MI Code / Chapter 339 / Act Act-407-of-2016 / Section 339.5313
Board; operation.
Status: in_force

Sec. 313.

Unless otherwise provided in a specific article of this act, all of the following apply to the operation of a board:

(a) Annually a board shall elect a chairperson, a vice-chairperson, and any other officers the board determines are necessary. A board may fill a vacancy in an office of the board for the balance of the 1-year term.

(b) A board may adopt bylaws for the regulation of its internal affairs.

(c) A board shall report its activities to the department annually and as often as the director orders.

History: 2016, Act 407, Eff. Apr. 4, 2017
Mich. Comp. Laws § 168.131 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.131
Representative in Congress; eligibility.
Status: in_force

Sec. 131.

A person shall not be a Representative in Congress unless the person has attained the age of 25 years and been a citizen of the United States for 7 years, and is, when elected, an inhabitant of that state in which he or she shall be chosen, as provided in section 2 of article I of the United States Constitution.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1982, Act 505, Eff. Mar. 30, 1983; Am. 2018, Act 120, Eff. Dec. 31, 2018
Mich. Comp. Laws § 390.155 — MI Code / Chapter 390 / Act Act-35-of-1970 / Section 390.155
Transfer of assets and facilities to Oakland university.
Status: in_force

Sec. 5.

The present assets and facilities of the Oakland branch of Michigan state university constitute the properties of Oakland university and upon the effective date of this act, transfer of the properties shall be made to Oakland university.

History: 1970, Act 35, Imd. Eff. July 1, 1970
Mich. Comp. Laws § 426.174 — MI Code / Chapter 426 / Act R-S-of-1846 / Section 426.174
Conversion of logs; civil liability.
Status: in_force

Sec. 4.

Whoever shall convert to his own use, without the consent of the owner thereof, any logs, timber, boards, or planks floating in any of the waters of this state, or lying on the banks or shores of such waters, or on any island where the same may have drifted, except as in this chapter provided for, shall be liable to the owner thereof in treble the amount of damages.

History: R.S. 1846, Ch. 46; CL 1857, 1602; CL 1871, 2012; How. 2060; CL 1897, 5099; CL 1915, 6675; CL 1929, 8769; CL 1948, 426.174
Mich. Comp. Laws § 440.7204 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.7204
Duty of care; contractual limitation of warehouse liability; provisions as to time and manner of presenting claims and commencing actions.
Status: in_force

Sec. 7204.

(1) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.

(2) Damages may be limited by a term in a warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse's liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.

(3) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 2012, Act 87, Eff. July 1, 2013
Mich. Comp. Laws § 450.1125 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1125
Applicability to foreign commerce, interstate commerce, and federal corporations.
Status: in_force

Sec. 125.

This act applies to commerce with foreign nations and among the several states and to corporations formed by or under any act of congress, only to the extent permitted under the constitution and laws of the United States.

History: 1972, Act 284, Eff. Jan. 1, 1973
Mich. Comp. Laws § 299.12 — MI Code / Chapter 299 / Act E-R-O-No-1988-1 / Section 299.12
Transfer of toxic substance control commission to department of natural resources.
Status: in_force

WHEREAS, it is in the public interest to promote coordination, cooperation, and efficiency among Michigan's environmental protection programs; and

WHEREAS, Act 185 of the Public Acts of 1987, shifts appropriations for the Toxic Substance Control Commission from the Department of Management and Budget to the Department of Natural Resources; and

WHEREAS, Article 5, Section 2, of the Michigan Constitution of 1963 empowers the governor to make changes in the organization of the Executive Branch or assignment of functions among its units which are necessary for efficient administration;

NOW, THEREFORE, I, JAMES J. BLANCHARD, Governor of the State of Michigan, pursuant to the authority vested in me by the Constitution of the State of Michigan of 1963, do hereby order the following:

1. The powers, duties, functions, and responsibilities of the Toxic Substance Control Commission conferred by Act 116 of the Public Acts of 1978 are hereby transferred to the Department of Natural Resources, Toxic Substance Control Commission by a Type I transfer, as defined by Section 3(a) of Act 380 of the Public Acts of 1965.

2. All records, property, personnel, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of Management and Budget for the Toxic Substance Control Commission are also transferred to the Department of Natural Resources, Toxic Substance Control Commission.

In fulfillment of the requirements of Article 5, Section 2, of the Constitution of 1963, this order shall become effective on April 30, 1988.

History: 1988 E.R.O. No. 1988-1, Eff. Apr. 30, 1988
Mich. Comp. Laws § 324.5401 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.5401
Definitions; A to C.
Status: in_force

Sec. 5401.

As used in this part:

(a) "Act 399" means the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.

(b) "Annual user costs" means an annual charge levied by a water supplier on users of the waterworks system to pay for each user's share of the cost for operation, maintenance, and replacement of the waterworks system. These costs may also include a charge to pay for the debt obligation.

(c) "Assistance" means 1 or more of the following activities to the extent authorized by the federal safe drinking water act:

( i ) Provision of loans for the planning, design, and construction or alteration of waterworks systems.

( ii ) Project refinancing assistance.

( iii ) The guarantee or purchase of insurance for local obligations, if the guarantee or purchase action would improve credit market access or reduce interest rates.

( iv ) Use of the proceeds of the fund as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by this state, if the proceeds of the sale of the bonds will be deposited into the fund.

( v ) Provision of loan guarantees for sub-state revolving funds established by water suppliers that are municipalities.

( vi ) The use of deposited funds to earn interest on fund accounts.

( vii ) Provision for reasonable costs of administering and conducting activities under this part.

( viii ) Provision of technical assistance under this part.

( ix ) Provision of loan forgiveness for certain planning costs incurred by overburdened communities.

(d) "Authority" means the Michigan municipal bond authority created in the shared credit rating act, 1985 PA 227, MCL 141.1051 to 141.1077.

(e) "Capitalization grant" means the federal grant made to this state by the United States Environmental Protection Agency, as provided in the federal safe drinking water act.

(f) "Community water supply" means a public water supply that provides year-round service to not less than 15 living units or that regularly provides year-round service to not less than 25 residents.

(g) "Construction activities" means any actions undertaken in the planning, designing, or building of a waterworks system. Construction activities include, but are not limited to, all of the following:

( i ) Engineering services.

( ii ) Legal services.

( iii ) Financial services.

( iv ) Preparation of plans and specifications.

( v ) Acquisition of land or structural components, or both, if the acquisition is integral to a project authorized by this part and the purchase is from a willing seller at fair market value.

( vi ) Building, erection, alteration, remodeling, or extension of waterworks systems, providing the extension is not primarily for the anticipation of future population growth.

( vii ) Reasonable expenses of supervision of the project activities described in subparagraphs ( i ) to ( vi ).

History: Add. 1997, Act 26, Imd. Eff. June 17, 1997; Am. Act 132, Imd. Eff. June 30, 2022
Mich. Comp. Laws § 29.7a — MI Code / Chapter 29 / Act Act-207-of-1941 / Section 29.7a
Conditions dangerous to persons or property; restrictions and requirements; investigation of causes and effects.
Status: in_force

Sec. 7a.

(1) Subject to section 7d, if the state fire marshal or the commanding officer of the fire department of a city, village, township, or county, or a fire fighter in uniform acting under the orders and directions of the commanding officer determines a dangerous condition exists, the state fire marshal, the commanding officer of the fire department of a city, village, township, or county, or the fire fighter in uniform acting under the orders and direction of the commanding officer upon finding an emergency condition dangerous to persons or property, may take all necessary steps and prescribe all necessary restrictions and requirements to protect persons and property until the dangerous condition is abated.

(2) Subject to section 7d, the state fire marshal, the commanding officer of the fire department of a city, village, township, or county, or a fire fighter in uniform acting under the orders and directions of the commanding officer, responding to a fire or emergency call, who, upon arriving at the scene of a fire or emergency, finds a condition dangerous to persons or property, may take all necessary steps and requirements to protect persons and property until the dangerous condition is abated.

(3) The state fire marshal or the commanding officer of the fire department of a city, village, township, or county, or a fire fighter in uniform acting under the orders and direction of the commanding officer may investigate causes and effects related to dangerous conditions.

History: Add. 1952, Act 26, Eff. Sept. 18, 1952; Am. 1965, Act 200, Imd. Eff. July 16, 1965; Am. 1968, Act 321, Imd. Eff. July 3, 1968; Am. 1973, Act 199, Imd. Eff. Jan. 11, 1974; Am. 1978, Act 3, Imd. Eff. Feb. 7, 1978; Am. 2018, Act 636, Imd. Eff. Dec. 28, 2018
Mich. Comp. Laws § 141.1005 — MI Code / Chapter 141 / Act Act-80-of-1981 / Section 141.1005
Bonds or obligations; amounts included.
Status: in_force

Sec. 5.

Subject to the limitation of section 4(8), the amount of bonds or obligations issued pursuant to this act may include the amount necessary to fund the accumulated operating deficit of the city or county or projected accumulated operating deficit of the city or county as determined pursuant to section 4, a reserve to secure payment of principal or interest on the bonds or obligations in an amount not exceeding the maximum amount of principal and interest becoming due on the bonds or obligations in any fiscal year, a discount of not to exceed 10% of the principal amount of the bonds or obligations, and an amount sufficient to pay all legal, financial, accounting, election, printing, and other expenses related to the issuance of the bonds or obligations.

History: 1981, Act 80, Eff. July 15, 1981; Am. 1987, Act 279, Eff. Apr. 11, 1988
Mich. Comp. Laws § 774.22c — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 774.22c
Psychiatrists and expenses of confinement; reference.
Status: in_force

Sec. 22c.

The provisions of sections 1-c and 1-d of chapter 9, relative to psychiatrists and expenses of confinement shall be applicable to proceedings taken under this chapter.

History: Add. 1937, Act 196, Imd. Eff. July 14, 1937; CL 1948, 774.22c
Mich. Comp. Laws § 38.74 — MI Code / Chapter 38 / Act Act-4-of-1937-Ex-Sess- / Section 38.74
"Demote" defined.
Status: in_force

Sec. 4.

The word "demote" means to suspend without pay for 15 or more consecutive days or reduce compensation for a particular school year by more than an amount equivalent to 30 days' compensation or to transfer to a position carrying a lower salary. However, demote does not include discontinuance of salary under section 3 of article IV or a reduction in personnel, including, but not limited to, a reduction in workweeks or workdays.

History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937; CL 1948, 38.74; Am. 1993, Act 60, Eff. Oct. 1, 1993; Am. 2005, Act 124, Eff. Jan. 1, 2006; Am. 2011, Act 100, Imd. Eff. July 19, 2011; Am. 2023, Act 225, Eff. July 1, 2024
Mich. Comp. Laws § 168.30g — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.30g
Board of county canvassers; absences, appointment of temporary members, qualifications, length of service.
Status: in_force

Sec. 30g.

If a board of county canvassers created under this act is required to perform its statutory duties and because of illness or absence of members of the board of county canvassers a quorum is not present, the clerk of the county may appoint a sufficient number of temporary members to constitute a quorum. The appointment shall be made by the county clerk from party recommendations on file, if available. The appointments shall be of the same political party as the ill or absent members of the board of county canvassers. A temporary appointee to the board of county canvassers must possess all of the qualifications required for regular membership on that board of county canvassers. Temporary appointees shall serve only until the business on hand has been transacted.

History: Add. 1966, Act 65, Imd. Eff. June 9, 1966; Am. 1968, Act 65, Eff. July 1, 1968; Am. 2013, Act 51, Imd. Eff. June 11, 2013
Mich. Comp. Laws § 791.201a — MI Code / Chapter 791 / Act Act-232-of-1953 / Section 791.201a
Short title.
Status: in_force

Sec. 1a.

This act shall be known and may be cited as the "corrections code of 1953".

History: Add. 2002, Act 212, Imd. Eff. Apr. 29, 2002