FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 500.2075 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.2075
Fire, marine or inland insurer's contract in restraint of competition prohibited; acts by agent prohibited; other prohibitions.
Status: in_force

Sec. 2075.

No fire, fire and marine, or marine and inland insurance insurer not organized under the laws of this state, but doing business therein, shall either directly or indirectly enter into any contract, agreement, arrangement, or undertaking of any nature or kind whatever with any other insurer, the object or effect of which is to prevent open and free competition between it and said insurer, or between the agents of their respective insurers in the business transacted in this state, or in any part thereof.

It shall not be lawful for the agent of any fire, fire and marine, or marine and inland insurance insurer not organized under the laws of this state, but doing business therein, to enter into any contract, agreement, arrangement, or undertaking of any nature or kind whatever with the agent of any other such insurer, the object or effect of which is to prevent free and open competition between the insurers represented by said agents in the business transacted in this state, or in any part thereof.

No person or persons as agent, solicitor, broker, surveyor, or in any other capacity, shall transact or aid in any manner, directly or indirectly, in transacting or soliciting within this state, business for any fire, fire and marine or marine and inland insurance company or association not incorporated by the laws of this state, or in any other capacity to procure or assist to procure a fire or inland marine policy or policies of insurance in any company or association which is violating the provisions of this section, or whose agent or agents are violating the provisions of subsection (2) hereof.

History: 1956, Act 218, Eff. Jan. 1, 1957
Mich. Comp. Laws § 380.414a — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.414a
Failure to take oath of office; filling vacancy.
Status: in_force

Sec. 414a.

If a person elected to the board of a first class school district under this part fails to take the oath of office within 10 days after service of notice of election, the vacancy shall be filled pursuant to section 411a(6), 412(7), or 412a(7), as applicable.

History: Add. 1981, Act 96, Eff. Jan. 1, 1983; Am. 2004, Act 303, Imd. Eff. Aug. 10, 2004
Mich. Comp. Laws § 124.354a — MI Code / Chapter 124 / Act Act-55-of-1963 / Section 124.354a
Eligibility of public authority to apply for and receive funds under MCL 247.660e.
Status: in_force

Sec. 4a.

A public authority incorporated under this act which operates a mass transportation system in a service area which is at least an entire county and which provides demand actuated service to that service area shall be eligible to apply for and receive funds under section 10e(1)(f) of Act No. 51 of the Public Acts of 1951, as amended, being section 247.660e of the Michigan Compiled Laws.

History: Add. 1980, Act 410, Imd. Eff. Jan. 9, 1981
Mich. Comp. Laws § 450.1404 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1404
Meetings of shareholders; notice; adjournment; result of shareholder's attendance at meeting.
Status: in_force

Sec. 404.

Except as otherwise provided in this act, written notice of the time, place if any, and purposes of a meeting of shareholders shall be given not less than 10 nor more than 60 days before the date of the meeting to each shareholder of record entitled to vote at the meeting. Notice may be given personally, by mail, or by electronic transmission. If a shareholder or proxy holder may be present and vote at the meeting by remote communication, the means of remote communication allowed shall be included in the notice.

Unless the corporation has securities registered under section 12 of title I of the securities exchange act of 1934, chapter 404, 48 Stat. 892, 15 U.S.C. 78 l , notice of the purposes of a meeting shall include notice of shareholder proposals that are proper subjects for shareholder action and are intended to be presented by shareholders who have notified the corporation in writing of their intention to present the proposals at the meeting. The bylaws may establish reasonable procedures for the submission of proposals to the corporation in advance of the meeting.

If a meeting is adjourned to another time or place, it is not necessary, unless the bylaws otherwise provide, to give notice of the adjourned meeting if the time, and place if any, to which the meeting is adjourned are announced at the meeting at which the adjournment is taken. A shareholder or proxy holder may be present and vote at the adjourned meeting by a means of remote communication if he or she was permitted to be present and vote by that means of remote communication in the original meeting notice. At the adjourned meeting, only business that might have been transacted at the original meeting may be transacted if a notice of the adjourned meeting is not given. If after the adjournment the board fixes a new record date for the adjourned meeting, a notice of the adjourned meeting shall be given to each shareholder of record on the new record date entitled to notice under subsection (1).

A shareholder's attendance at a meeting will result in both of the following:

Waiver of objection to lack of notice or defective notice of the meeting, unless the shareholder at the beginning of the meeting objects to holding the meeting or transacting business at the meeting.

Waiver of objection to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the shareholder objects to considering the matter when it is presented.

History: 1972, Act 284, Eff. Jan. 1, 1973; Am. 1989, Act 121, Eff. Oct. 1, 1989; Am. 1997, Act 118, Imd. Eff. Oct. 24, 1997; Am. 2001, Act 57, Imd. Eff. July 23, 2001
Mich. Comp. Laws § 768.20 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 768.20
Alibi as defense in felony case; notice of intention to claim defense; notice of rebuttal; disclosure and calling of additional witnesses.
Status: in_force

Sec. 20.

If a defendant in a felony case proposes to offer in his defense testimony to establish an alibi at the time of the alleged offense, the defendant shall at the time of arraignment on the information or within 15 days after that arraignment but not less than 10 days before the trial of the case, or at such other time as the court directs, file and serve upon the prosecuting attorney a notice in writing of his intention to claim that defense. The notice shall contain, as particularly as is known to the defendant or the defendant's attorney, the names of witnesses to be called in behalf of the defendant to establish that defense. The defendant's notice shall include specific information as to the place at which the accused claims to have been at the time of the alleged offense.

Within 10 days after the receipt of the defendant's notice but not later than 5 days before the trial of the case, or at such other time as the court may direct, the prosecuting attorney shall file and serve upon the defendant a notice of rebuttal which shall contain, as particularly as is known to the prosecuting attorney, the names of the witnesses whom the prosecuting attorney proposes to call in rebuttal to controvert the defendant's defense at the trial of the case.

Both the defendant and the prosecuting attorney shall be under a continuing duty to disclose promptly the names of additional witnesses which come to the attention of either party subsequent to filing their respective notices as provided in this section. Upon motion with notice to the other party and upon a showing by the moving party that the name of an additional witness was not available when the notice required by subsections (1) or (2) was filed and could not have been available by the exercise of due diligence, the additional witness may be called by the moving party to testify as a witness for the purpose of establishing or rebutting an alibi defense.

History: 1927, Act 175, Eff. Sept. 5, 1927; Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929; CL 1929, 17313; Am. 1939, Act 80, Eff. Sept. 29, 1939; CL 1948, 768.20; Am. 1974, Act 63, Eff. May 1, 1974; Am. 1975, Act 180, Eff. Aug. 6, 1975
Mich. Comp. Laws § 325.2021 — MI Code / Chapter 325 / Act Act-323-of-1978 / Section 325.2021
Criminal or civil liability of member or employee.
Status: in_force

Sec. 21.

An individual who as a member of the council or as an employee of the office, by reason of the performance of a required or authorized duty, function, or activity, shall not be held to have violated a criminal law of this state or to be civilly liable under the law of this state if the individual acted within the scope of the duty, function, or activity, except for wanton and willful misconduct.

History: 1978, Act 323, Imd. Eff. July 10, 1978; Am. 1988, Act 309, Eff. Oct. 1, 1988
Mich. Comp. Laws § 768.33 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 768.33
Offense consisting of different degrees; subsequent trial prohibited.
Status: in_force

Sec. 33.

When a defendant shall be acquitted or convicted upon any indictment for an offense, consisting of different degrees, he shall not thereafter be tried or convicted for a different degree of the same offense; nor shall he be tried or convicted for any attempt to commit the offense charged in the indictment or to commit any degree of such offense.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17326; CL 1948, 768.33
Mich. Comp. Laws § 324.47903 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.47903
Dumping into waters prohibited; molesting of nets.
Status: in_force

Sec. 47903.

A person shall not put into any stream, pond, or lake any sand, coal, cinders, ashes, log slabs, decayed wood, bark, sawdust, or filth. A boat owner, a captain of any boat or vessel, or any other person shall not run into or molest any pond net, trap net, or other stationary net or fixture set in any lake for fishing purposes.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 35.1056 — MI Code / Chapter 35 / Act Act-234-of-1988 / Section 35.1056
Grants or gifts; disposition.
Status: in_force

Sec. 6.

The commission may accept on behalf of the monument fund grants or gifts from the federal government, an individual, a public or private corporation, organization, or foundation, or any other source. The acceptance and use of federal funds by the commission does not commit state money and does not obligate the legislature to continue the purposes for which federal money is made available. The commission shall transmit money received under this section to the state treasurer for deposit in the monument fund.

History: 1988, Act 234, Imd. Eff. July 8, 1988
Mich. Comp. Laws § 324.34124 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.34124
Notice of hearing; publication; form.
Status: in_force

Sec. 34124.

Notice of hearing shall be given as prescribed in section 34115 and Act No. 162 of the Public Acts of 1962, being sections 211.741 to 211.746 of the Michigan Compiled Laws, and also by publication at least twice in a newspaper published and of general circulation in the county, the first publication to be at least 20 days before the time of the hearing. The irrigation board shall provide a form to be substantially followed in giving of the notice.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 324.32704a — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.32704a
Diversion; proposal; comment period; notification; waiver.
Status: in_force

Sec. 32704a.

The governor shall establish a public comment period with regard to a proposal subject to 42 USC 1962d-20 to divert waters of the Great Lakes basin outside of the Great Lakes basin and shall notify the standing committees of the legislature with jurisdiction over issues primarily pertaining to natural resources and the environment of his or her receipt of the proposal. The governor may waive the comment period under this section if he or she determines that it is necessary to take immediate action to provide humanitarian relief or firefighting capabilities.

History: Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006
Mich. Comp. Laws § 206.271 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.271
Recomputation of taxable income by excluding proportional gain or loss on disposition of property.
Status: in_force

Sec. 271.

(1) A taxpayer subject to the tax levied by section 51 and whose income received after September 30, 1967 is increased or diminished by the disposition of property acquired before October 1, 1967, which is described in and subject to subchapter P of the internal revenue code, may elect to recompute taxable income by excluding therefrom the proportional gain or loss incurred before October 1, 1967. Taxpayers so electing shall be subject to a tax on taxable income thus recomputed at the rates imposed by this part. An election so made shall include all items of gains or losses realized during the taxable year.

(2) The proportion of gain or loss occurring after September 30, 1967, to total gain or loss is equal to the proportion the number of months after September 30, 1967, to date of disposition bears to the number of months from date of acquisition to date of disposition.

History: 1967, Act 281, Eff. Oct. 1, 1967; Am. 1969, Act 332, Imd. Eff. Nov. 4, 1969; Am. 1975, Act 233, Imd. Eff. Aug. 27, 1975; Am. 2011, Act 38, Eff. Jan. 1, 2012
Mich. Comp. Laws § 339.1807 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.1807
Holder of license for practice of mortuary science; registration with city or village registrar; transportation permit; receiving dead human body for shipment or transportation; shipping dead human body for anatomical purpose.
Status: in_force

Sec. 1807.

(1) The holder of a license for the practice of mortuary science shall supervise and be responsible for the transportation and storage of a dead human body. The holder of a license for the practice of mortuary science may designate an employee or other person to transport or store a dead human body.

(2) The holder of a license for the practice of mortuary science shall register with the office of the registrar of each city or village in which the holder intends to practice. A transportation permit shall not be issued by the local registrar to a person who has not filed a registration card. A local registrar may grant a transportation permit to the holder of a license for the practice of mortuary science coming from beyond the jurisdiction of the registrar, upon the exhibition of a copy of the holder's license to the registrar.

(3) A railway agent, express agent, baggage master, or conductor shall not receive a dead human body for shipment or transportation by railway or other public conveyance, to or from a point in this state or to a point outside of this state, unless the body is accompanied by a removal or shipping permit.

(4) This section does not apply to any of the following:

(a) The transportation or storage of a dead human body that is the subject of an anatomical gift under part 101 of the public health code, 1978 PA 368, MCL 333.10101 to 333.10123.

(b) The transportation of a dead human body by a county medical examiner.

(c) The removal of a dead human body from the place of death by police, fire, or other emergency personnel.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 2020, Act 265, Eff. Mar. 24, 2021
Mich. Comp. Laws § 12.43 — MI Code / Chapter 12 / Act Act-43-of-1959 / Section 12.43
Transfer of hearings, orders, rules and regulations.
Status: in_force

Sec. 3.

All hearings and proceedings of whatever nature now pending before the auditor general with respect to drawing and issuing of warrants and with respect to actions in garnishment shall not be abated, but shall be transferred to the state treasurer, without notice to interested parties, and shall be conducted in the same manner and determined in accordance with the provisions of law concerning such hearings and proceedings. All orders, rules and regulations of the auditor general with respect to drawing and issuing of warrants and with respect to actions in garnishment shall continue in effect as though the transfer were not made and, to the extent applicable, they shall be binding upon the state treasurer.

History: 1959, Act 43, Eff. Mar. 19, 1960
Mich. Comp. Laws § 440.3308 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.3308
Establishing validity of signature; burden; right to payment subject to defense or claim in recoupment; holder in due course not subject to defense or claim.
Status: in_force

Sec. 3308.

In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under section 3402(1).

If the validity of signatures is admitted or proved and there is compliance with subsection (1), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under section 3301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.

History: Add. 1993, Act 130, Eff. Sept. 30, 1993
Mich. Comp. Laws § 333.20144 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.20144
Licensing on basis of approved building program.
Status: in_force

Sec. 20144.

A health facility or agency not meeting statutory and regulatory requirements for its physical plant and equipment may be licensed by the department on the basis of a building program approved by the department which:

Sets forth a plan and timetable for correction of physical plant or equipment deficiencies and items of noncompliance.

Includes documented evidence of the availability and commitment of money for carrying out the approved building program.

Includes other documentation the department reasonably requires to assure compliance with the plan and timetable.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 207.1073 — MI Code / Chapter 207 / Act Act-403-of-2000 / Section 207.1073
Permissive supplier.
Status: in_force

Sec. 73.

A person shall not operate as a permissive supplier unless licensed under this act as a permissive supplier.

A person who desires to collect the tax imposed by this act as a supplier and who otherwise qualifies as a permissive supplier shall apply for a permissive supplier's license pursuant to section 53.

The fee for a permissive supplier's license is $50.00.

Application for or possession of a permissive supplier's license does not itself subject the applicant or licensee to the jurisdiction of this state for any other purpose than administration and enforcement of this act.

History: 2000, Act 403, Eff. Apr. 1, 2001
Mich. Comp. Laws § 440.2514 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2514
Documents; delivery to drawee on acceptance or payment.
Status: in_force

Sec. 2514.

Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than 3 days after presentment; otherwise, only on payment.

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 45.321 — MI Code / Chapter 45 / Act R-S-of-1846 / Section 45.321
Neglect to deposit oath or bond; notice, effect.
Status: in_force

Sec. 121.

No penalty shall attach on account of any neglect to deposit such oath or bond as aforesaid, in case such officer, before entering upon the execution of his office, and within the time limited for filing such oath or bond, shall give notice in writing to the officer or officers having the power by law to order an election to fill such office, or to fill the same by appointment, stating therein that he declines accepting such office.

History: R.S. 1846, Ch. 14; CL 1857, 469; CL 1871, 611; How. 641; CL 1897, 2644; CL 1915, 2508; CL 1929, 1420; CL 1948, 45.321
Mich. Comp. Laws § 125.1513d — MI Code / Chapter 125 / Act Act-230-of-1972 / Section 125.1513d
Requirements for stairwell geometry.
Status: in_force

Sec. 13d.

Notwithstanding any provision in this act and until the promulgation of the complete building code update after October 15, 1999, a governmental subdivision shall not enforce a requirement for stairwell geometry in occupancies in use group R-3 structures and within dwelling units in occupancies in use group R-2 structures that differs from the stairwell geometry described in this section.

As used in this section:

"Stairwell geometry" refers to the configuration of a stairwell of a building in which the maximum riser height is 8-1/4 inches (210 mm), the minimum tread depth is 9 inches (229 mm), and a 1-inch (25 mm) nosing on stairwells with solid risers.

"Use group R-2 structures" means all multiple-family dwellings having more than 2 dwelling units including, but not limited to, boarding houses and similar buildings arranged for shelter and sleeping accommodations in which the occupants are primarily not transient in nature and dormitory facilities that accommodate more than 5 persons over 2-1/2 years of age.

"Use group R-3 structures" means all buildings arranged for occupancy as 1-family or 2-family dwelling units including, but not limited to, not more than 5 lodgers or boarders per family; multiple single-family dwellings where each unit has an independent means of egress and is separated by a 2-hour fire separation assembly; and a child care facility that accommodates 5 or less children of any age.

History: Add. 1999, Act 245, Imd. Eff. Dec. 28, 1999
Mich. Comp. Laws § 440.4402 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.4402
Payor bank; wrongful dishonor; liability to customer; determination of account balance.
Status: in_force

Sec. 4402.

Except as otherwise provided in this article, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.

A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.

A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than 1 determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1993, Act 130, Eff. Sept. 30, 1993