FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 333.2233 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2233
Rules.
Status: in_force

Sec. 2233.

The department may promulgate rules necessary or appropriate to implement and carry out the duties or functions vested by law in the department.

If the Michigan supreme court rules that sections 45 and 46 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.245 and 24.246 of the Michigan Compiled Laws, are unconstitutional, and a statute requiring legislative review of administrative rules is not enacted within 90 days after the Michigan supreme court ruling, the department shall not promulgate rules under this act.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1996, Act 67, Imd. Eff. Feb. 26, 1996
Mich. Comp. Laws § 450.173 — MI Code / Chapter 450 / Act Act-327-of-1931 / Section 450.173
Educational foundations; articles of incorporation, contents, amendment.
Status: in_force

Sec. 173.

Same; articles of incorporation. The articles of every educational corporation shall clearly set forth the educational system of the institution to be founded and the character of the degrees, honors, diplomas, or certificates which it proposes to grant, and same shall be approved by the state board of education prior to the filing of the articles of incorporation. If a college or university, the articles shall state the number and name of the faculties to be established; and if a denominational religious school or college, the name of such denomination and the body supporting or controlling the same. Such articles shall be filed as provided in section 5 of this act. Any such corporation may, by increasing its capital to a higher class and amending its articles, assume the powers and privileges of such higher classification as it may thereby be entitled to as defined in this act.

History: 1931, Act 327, Eff. Sept. 18, 1931; Am. 1939, Act 162, Eff. Sept. 29, 1939; CL 1948, 450.173
Mich. Comp. Laws § 324.31103 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.31103
Watershed council; membership; voting rights; term; river management board.
Status: in_force

Sec. 31103.

The watershed council shall be composed of representatives of local units of government within the watershed who are appointed to and maintain membership in the council in the following manner:

Each local unit of government using the river for water supply or waste disposal shall appoint 1 representative for each 20,000 population or fraction thereof. The governing body of each local unit of government shall determine the method by which its representatives are selected.

Each county having 15% or more of its area in the watershed shall appoint 1 representative, and 1 additional representative for each 20,000 population or fraction thereof, which aggregate total shall be computed from the population of eligible townships not otherwise represented. These townships shall be eligible under this section if they have 15% or more of their respective areas in the basin. The methods by which the county representatives are selected shall be determined by the county board of commissioners.

Any local agency wholly or partly within the basin may appoint a representative to the council upon a finding by the council that the agency is so affected by or concerned with the use and development of water resources in the basin as to warrant representation. If any township is represented under this subdivision, its population shall not be counted in determining the eligible total representatives of its county.

Representatives on the watershed council shall be appointed for 2 years, but are subject to replacement at the pleasure of the appointing authority. A representative is not eligible to vote on the council unless the local government he or she represents has met its financial obligations to the council.

Representatives to the watershed council may also represent their local units of government, if so designated by their local units of government, on river management boards established in accordance with this part.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 400.706 — MI Code / Chapter 400 / Act Act-218-of-1979 / Section 400.706
Definitions; P to Q.
Status: in_force

Sec. 6.

(1) "Personal care" means personal assistance provided by a licensee or an agent or employee of a licensee to a resident who requires assistance with dressing, personal hygiene, grooming, maintenance of a medication schedule as directed and supervised by the resident's physician, or the development of those personal and social skills required to live in the least restrictive environment.

(2) "Physical disability" means a determinable physical characteristic of an individual that may result from disease, injury, congenital condition of birth, or functional disorder.

(3) "Physical plant" means the structure in which a facility is located and all physical appurtenances to the facility.

(4) "Physician orders for scope of treatment form" or "POST form" means that term as defined in section 5674 of the public health code, 1978 PA 368, MCL 333.5674.

(5) "Protection", subject to section 26a(2), means the continual responsibility of the licensee to take reasonable action to ensure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and personal exploitation while on the premises, while under the supervision of the licensee or an agent or employee of the licensee, or when the resident's assessment plan states that the resident needs continuous supervision.

(6) "Provisional license" means a license issued to a facility that has previously been licensed under this act or an act repealed by this act but is temporarily unable to conform to the requirements of a regular license prescribed in this act or rules promulgated under this act.

(7) "Quality of care" means the foster care of residents of a facility and other similar items not related to the physical plant that address themselves to the general physical and mental health, welfare, and well-being of residents.

History: 1979, Act 218, Eff. Mar. 27, 1980; Am. 1996, Act 194, Eff. Aug. 1, 1996; Am. 1998, Act 442, Imd. Eff. Dec. 30, 1998; Am. 2017, Act 156, Eff. Feb. 6, 2018
Mich. Comp. Laws § 205.54k — MI Code / Chapter 205 / Act Act-167-of-1933 / Section 205.54k
Drop shipment; definition.
Status: in_force

Sec. 4k.

(1) The sale of tangible personal property that is part of a drop shipment is exempt from the tax under this act if the taxpayer complies with the requirements of subsection (3).

(2) As used in this section, "drop shipment" means the direct delivery of tangible personal property to a purchaser in Michigan by a person who has sold the property to another person not licensed under this act but possessing a resale or exemption certificate, other written evidence of exemption authorized by another state, or any other acceptable information evidencing qualification for a resale exemption, for resale to the Michigan purchaser.

(3) For each transaction for which an exemption is claimed under subsection (1), the taxpayer shall provide, but not more frequently than annually, any information required by the board under the streamlined sales and use tax agreement in addition to the following information in a form prescribed by the department to the department:

(a) The name, address, and, if readily available, the federal taxpayer identification number of the person to whom the property is sold for resale.

(b) The name, address, and, if readily available, the federal taxpayer identification number of the person to whom the property is shipped in Michigan.

(4) A sale at retail includes a drop shipment.

History: Add. 1986, Act 42, Imd. Eff. Mar. 17, 1986; Am. 2004, Act 173, Eff. Sept. 1, 2004; Am. 2008, Act 438, Imd. Eff. Jan. 9, 2009
Mich. Comp. Laws § 449.1303 — MI Code / Chapter 449 / Act Act-213-of-1982 / Section 449.1303
Liability of limited partner for obligations of limited partnership.
Status: in_force

Sec. 303.

Except as provided in subsection (d), a limited partner is not liable for the obligations of a limited partnership unless the limited partner is also a general partner or, in addition to the exercise of rights and powers as a limited partner, the limited partner takes part in the control of the business. However, if the limited partner's participation in the control of the business is not substantially the same as the exercise of the powers of a general partner, the limited partner is liable only to persons who transact business with the limited partnership with actual knowledge of the limited partner's participation in control.

A limited partner does not participate in the control of the business within the meaning of subsection (a) solely by doing 1 or more of the following:

Being a contractor for or an agent or employee of the limited partnership or of a general partner.

Consulting with and advising a general partner with respect to the business of the limited partnership.

Acting as surety for the limited partnership.

Approving or disapproving an amendment to the partnership agreement.

Approving or disapproving a transaction involving an actual or potential conflict of interest between a general partner and the limited partnership.

Requesting or attending a meeting of partners.

Voting on 1 or more of the following matters:

The dissolution and winding up of the limited partnership.

The sale, exchange, lease, mortgage, pledge, or other transfer of all or substantially all of the assets of the limited partnership other than in the ordinary course of its business.

The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business.

A change in the nature of the business.

The removal of a general partner.

The enumeration in subsection (b) does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by the limited partner in the business of the limited partnership.

A limited partner who knowingly permits his or her name to be used in the name of the limited partnership, except under circumstances permitted by section 102(2)( i ), is liable to creditors who extend credit to the limited partnership without actual knowledge that the limited partner is not a general partner.

History: 1982, Act 213, Eff. Jan. 1, 1983
Mich. Comp. Laws § 141.1068 — MI Code / Chapter 141 / Act Act-227-of-1985 / Section 141.1068
Liability on bonds or notes.
Status: in_force

Sec. 18.

Neither the members of the authority nor any person executing bonds or notes issued under this act shall be liable personally on the bonds or notes by reason of their issuance.

History: 1985, Act 227, Eff. Mar. 31, 1986
Mich. Comp. Laws § 565.867 — MI Code / Chapter 565 / Act Act-234-of-2022 / Section 565.867
Property owner; authority to discharge a prohibited restriction.
Status: in_force

Sec. 7.

(1) A property owner may record in the records of the register of deeds for the county where the property is located a discharge form to remove any prohibited restriction.

(2) A discharge form recorded under this section may be executed solely by the property owner.

History: 2022, Act 234, Imd. Eff. Dec. 13, 2022
Mich. Comp. Laws § 390.956 — MI Code / Chapter 390 / Act Act-77-of-1960 / Section 390.956
Higher education assistance authority; compensation, expenses.
Status: in_force

Sec. 6.

No member of the authority shall receive any compensation for his services, but the authority may reimburse each member for expenses necessarily incurred in the performance of his duties.

History: 1960, Act 77, Imd. Eff. Apr. 25, 1960
Mich. Comp. Laws § 445.1639 — MI Code / Chapter 445 / Act Act-660-of-2002 / Section 445.1639
Violation of act.
Status: in_force

Sec. 9.

If the commissioner determines that a person is brokering, making, servicing, or collecting mortgage loans in violation of this act, the commissioner shall do 1 or more of the following:

Initiate a cause of action under section 10.

If the person is chartered, licensed, registered, regulated, or administered by the commissioner under a law of this state, the commissioner shall enforce the penalties and remedies under that law.

Forward a complaint to the appropriate regulatory or investigatory authority.

History: 2002, Act 660, Imd. Eff. Dec. 23, 2002
Mich. Comp. Laws § 700.2606 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.2606
Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or agent.
Status: in_force

Sec. 2606.

A specific devisee has a right to the specifically devised property in the testator's estate at death and all of the following:

Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property.

Any amount of a condemnation award for the taking of the property unpaid at death.

Any proceeds unpaid at death on fire or casualty insurance on, or other recovery for, injury to the property.

Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation.

Real property or tangible personal property owned by the testator at death that the testator acquired as a replacement for specifically devised real property or tangible personal property.

Unless the facts and circumstances indicate that ademption of the devise was intended by the testator or ademption of the devise is consistent with the testator's manifested plan of distribution, the value of the specifically devised property to the extent the specifically devised property is not in the testator's estate at death and its value or its replacement is not covered by subdivisions (a) to (e).

If an agent acting within the authority of a durable power of attorney for an incapacitated principal or a conservator sells or mortgages specifically devised property, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to an agent acting within the authority of a durable power of attorney for an incapacitated principal or to a conservator, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.

The right of a specific devisee under subsection (2) is reduced by a right the devisee has under subsection (1).

For the purposes of the references in subsection (2) to a conservator, subsection (2) does not apply if after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator's disability ceased and the testator survived the adjudication by 1 year.

For the purposes of the references in subsection (2) to an agent acting within the authority of a durable power of attorney for an incapacitated principal, an incapacitated principal is a principal who is an incapacitated individual, an adjudication of the individual's incapacity before death is not necessary, and the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal.

History: 1998, Act 386, Eff. Apr. 1, 2000
Mich. Comp. Laws § 791.238 — MI Code / Chapter 791 / Act Act-232-of-1953 / Section 791.238
Custody of paroled prisoner; warrant for return of paroled prisoner; incarceration pending hearing; treatment as escaped prisoner; time during parole violation not counted as time served; forfeiture of good time; committing crime while on parole; construction of parole.
Status: in_force

Sec. 38.

Each prisoner on parole shall remain in the legal custody and under the control of the department. The deputy director of the bureau of field services, upon a showing of probable violation of parole, may issue a warrant for the return of any paroled prisoner. Pending a hearing upon any charge of parole violation, the prisoner shall remain incarcerated.

A prisoner violating the provisions of his or her parole and for whose return a warrant has been issued by the deputy director of the bureau of field services is treated as an escaped prisoner and is liable, when arrested, to serve out the unexpired portion of his or her maximum imprisonment. The time from the date of the declared violation to the date of the prisoner's availability for return to an institution shall not be counted as time served. The warrant of the deputy director of the bureau of field services is a sufficient warrant authorizing all officers named in the warrant to detain the paroled prisoner in any jail of the state until his or her return to the state penal institution.

If a paroled prisoner fails to return to prison when required by the deputy director of the bureau of field services or if the paroled prisoner escapes while on parole, the paroled prisoner shall be treated in all respects as if he or she had escaped from prison and is subject to be retaken as provided by the laws of this state.

The parole board, in its discretion, may cause the forfeiture of all good time to the date of the declared violation.

A prisoner committing a crime while at large on parole and being convicted and sentenced for the crime shall be treated as to the last incurred term as provided under section 34.

A parole shall be construed as a permit to the prisoner to leave the prison, and not as a release. While at large, the paroled prisoner shall be considered to be serving out the sentence imposed by the court and, if he or she is eligible for good time, shall be entitled to good time the same as if confined in a state correctional facility.

History: 1953, Act 232, Eff. Oct. 2, 1953; Am. 1968, Act 192, Eff. Nov. 15, 1968; Am. 1982, Act 314, Imd. Eff. Oct. 15, 1982; Am. 1994, Act 217, Eff. Dec. 15, 1998
Mich. Comp. Laws § 550.1400 — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1400
Use of most favored nation clause in provider contract.
Status: in_force

Sec. 400.

(1) Notwithstanding any provision of this act to the contrary, this section applies to the use of a most favored nation clause in a provider contract on and after February 1, 2013.

(2) Subject to subsection (3), beginning February 1, 2013, a health care corporation shall not use a most favored nation clause in any provider contract, including a provider contract in effect on February 1, 2013, unless the most favored nation clause has been filed with and approved by the commissioner. Subject to subsection (3), beginning February 1, 2013, a health care corporation shall not enforce a most favored nation clause in any provider contract without the prior approval of the commissioner.

(3) Beginning January 1, 2014, a health care corporation shall not use a most favored nation clause in any provider contract, including a provider contract in effect on January 1, 2014.

(4) As used in this section, "most favored nation clause" means a clause that does any of the following:

(a) Prohibits, or grants a contracting health care corporation an option to prohibit, a provider from contracting with another party to provide health care services at a lower rate than the payment or reimbursement rate specified in the contract with the health care corporation.

(b) Requires, or grants a contracting health care corporation an option to require, a provider to accept a lower payment or reimbursement rate if the provider agrees to provide health care services to any other party at a lower rate than the payment or reimbursement rate specified in the contract with the health care corporation.

(c) Requires, or grants a contracting health care corporation an option to require, termination or renegotiation of an existing provider contract if a provider agrees to provide health care services to any other party at a lower rate than the payment or reimbursement rate specified in the contract with the health care corporation.

(d) Requires a provider to disclose, to the health care corporation or its designee, the provider's contractual payment or reimbursement rates with other parties.

History: Add. 2013, Act 4, Imd. Eff. Mar. 18, 2013
Mich. Comp. Laws § 324.31522 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.31522
Structural integrity and operation of dam; investigations and studies.
Status: in_force

Sec. 31522.

The department may make, or cause to be made, hydrologic or other investigations and studies as may be required to facilitate its decisions regarding the structural integrity and operation of a dam.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 211.33 — MI Code / Chapter 211 / Act Act-206-of-1893 / Section 211.33
Secretary of board of review; record; filing; form.
Status: in_force

Sec. 33.

The supervisor shall be the secretary of said board of review and shall keep a record of the proceedings of the board and of all the changes made in such assessment roll, and shall file the same with the township or city clerk with the statements made by persons assessed. In the absence of the supervisor, the board shall appoint 1 of its members to serve as secretary. The state tax commission may prescribe the form of the record whenever deemed necessary.

History: 1893, Act 206, Eff. June 12, 1893; CL 1897, 3856; CL 1915, 4027; CL 1929, 3421; CL 1948, 211.33; Am. 1964, Act 275, Eff. Aug. 28, 1964
Mich. Comp. Laws § 8.23 — MI Code / Chapter 8 / Act Act-46-of-1847 / Section 8.23
Acts and joint resolutions; bound volumes as records, expenses.
Status: in_force

Sec. 3.

The acts and joint resolutions, when bound and certified, as specified in this act, shall be kept in the office of the secretary of state, and no further record thereof shall be required to be kept. The expenses of arranging and binding the laws, as specified in the preceding sections of this act, shall be paid by the treasurer of the state out of any moneys in the treasury not otherwise appropriated, on the certificate of the secretary of state.

History: 1847, Act 46, Imd. Eff. Mar. 15, 1847; CL 1857, 13; CL 1871, 13; How. 6; CL 1897, 54; CL 1915, 68; CL 1929, 80; CL 1948, 8.23
Mich. Comp. Laws § 557.265 — MI Code / Chapter 557 / Act Act-289-of-1975 / Section 557.265
Perfecting title of surviving spouse if title held by decedent at time of death; duty of personal representative or court.
Status: in_force

Sec. 5.

If the title to property to which this act applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the court. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this act applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest.

History: 1975, Act 289, Eff. Mar. 31, 1976