FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 557.26 — MI Code / Chapter 557 / Act Act-216-of-1981 / Section 557.26
Pledge or assignment by married woman of interest in separate property as security for debt of other person; contract by married woman giving general guarantee; satisfaction of judgment.
Status: in_force

Sec. 6.

A married woman may enter into a written contract pledging or assigning her interest in her separate property, as described in section 1, as security for the debt of another person, including the debt of her husband. If a married woman signs a written contract pledging or assigning an interest in her separate property as security for the debt of another person or her husband, a judgment rendered for payment of the debt may be satisfied out of that separate property whether or not the separate property derives a benefit from the pledge or assignment.

A married woman may enter into a written contract giving a general guarantee obligating her personally for the debt of another person, including the debt of her husband. If the married woman signs such a written contract, a judgment rendered for payment of the debt may be satisfied out of any of the separate property of the married woman described in section 1, whether or not the separate property derives a benefit from the general guarantee.

History: 1981, Act 216, Eff. Mar. 31, 1982
Mich. Comp. Laws § 449.7 — MI Code / Chapter 449 / Act Act-72-of-1917 / Section 449.7
Rules for determining existence of partnership.
Status: in_force

Sec. 7.

(Rules for determining the existence of a partnership). In determining whether a partnership exists, these rules shall apply:

Except as provided by section 16 persons who are not partners as to each other are not partners as to third persons;

Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property;

The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived;

The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment:

As a debt by installments or otherwise,

As wages of an employe or rent to a landlord,

As an annuity to a widow or representative of a deceased partner,

As interest on a loan, though the amount of payment vary with the profits of the business,

As the consideration for the sale of the good-will of a business or other property by installments or otherwise.

History: 1917, Act 72, Eff. Aug. 10, 1917; CL 1929, 9847; CL 1948, 449.7
Mich. Comp. Laws § 10.57 — MI Code / Chapter 10 / Act Act-195-of-1931 / Section 10.57
Special commissions; general fund appropriation, apportionment by administrative board.
Status: in_force

Sec. 7.

For the purposes of this act there is hereby appropriated out of the general fund of this state such amount as shall be contained in the biennial budget therefor. The state administrative board shall, out of such appropriations, assign a definite portion thereof as a specific appropriation for the expenses of each commission when, as and if created.

History: 1931, Act 195, Imd. Eff. May 28, 1931; CL 1948, 10.57
Mich. Comp. Laws § 700.2502 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.2502
Execution; witnessed wills; holographic wills.
Status: in_force

Sec. 2502.

(1) Subject to section 1202, and except as provided in subsection (2) and in sections 2503, 2506, and 2513, a will is valid only if it is all of the following:

(a) In writing.

(b) Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction.

(c) Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will as described in subdivision (b) or the testator's acknowledgment of that signature or acknowledgment of the will.

(2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if it is dated, and if the testator's signature and the document's material portions are in the testator's handwriting.

(3) Intent that the document constitutes a testator's will can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator's handwriting.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2020, Act 246, Imd. Eff. Nov. 5, 2020
Mich. Comp. Laws § 600.2125 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.2125
Proof of publication; notice of application to court or judicial officer.
Status: in_force

Sec. 2125.

When notice of any application to any court or judicial officer for any proceeding authorized by law, is required by law to be published in 1 or more newspapers, an affidavit of the publisher of any such paper, or of his agent, annexed to a printed copy of such notice taken from the paper in which it was published, and specifying the times when, and the paper in which such notice was published may be filed with the proper officer of the court, or with the judicial officer before whom such proceeding shall be pending, at any time within 6 months after the last day of the publication of such notice.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 259.253 — MI Code / Chapter 259 / Act Act-107-of-1969 / Section 259.253
Loans; rules; limitation; repayment period; interest rate; collection and disposition of repayments and interest.
Status: in_force

Sec. 3.

The commission shall promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, for making loans pursuant to section 1 not to exceed 90% of the local share of the project cost, or $100,000.00, whichever is the lesser. The loan shall be repaid within 10 years and shall bear an annual interest rate as established by the state treasurer in the year of the loan. The annual interest rate shall not exceed 6%. The repayments shall be collected by the commission and credited to the revolving loan account established in section 2. The interest shall be collected annually by the commission and credited to the state aeronautics fund.

History: 1969, Act 107, Imd. Eff. July 24, 1969; Am. 1975, Act 192, Imd. Eff. Aug. 8, 1975; Am. 1978, Act 134, Imd. Eff. May 4, 1978; Am. 1980, Act 45, Imd. Eff. Mar. 19, 1980
Mich. Comp. Laws § 254.363 — MI Code / Chapter 254 / Act Act-13-of-1966 / Section 254.363
Refunding bonds; issuance and sale, terms and conditions.
Status: in_force

Sec. 3.

The state highway commission, hereinafter sometimes referred to as the commission, may provide by resolution for the issuance and sale of the refunding bonds and for the retirement thereof, and for any other matters in connection with the refunding bonds not inconsistent with the provisions of this act. The resolution shall be approved by the state administrative board. The refunding bonds may be term or serial bonds issued in 1 or more series, or both, with dates of maturity not exceeding 35 years as determined by the commission and shall be in such denominations as fixed by the commission. They may be registrable as to principal only or as to both principal and interest, under such terms and conditions as may be determined by the commission. The commission may also provide for the issuance of registered bonds without coupons to replace coupon bonds. The bonds shall bear interest at a rate or rates not exceeding 5% per annum, payable semiannually except that the first interest payable may be for a period not exceeding 10 months, but the average net interest cost to the state on the money borrowed shall not exceed 3 1/2%. They may be made subject to redemption prior to maturity in whole or in part at such prices, upon such terms and at such times as may be fixed by the commission. The refunding bonds may recite that they are issued pursuant to this act which recital shall be conclusive evidence of their validity and the regularity of their issuance.

History: 1966, Act 13, Imd. Eff. Apr. 6, 1966; Am. 1967, Act 112, Imd. Eff. June 27, 1967
Mich. Comp. Laws § 120.110 — MI Code / Chapter 120 / Act Act-639-of-1978 / Section 120.110
Port authority; additional powers.
Status: in_force

Sec. 10.

An authority may:

Subject to the authority of the federal government and the state and with the agreement of the constituent units, provide for the preservation of navigation within its territorial jurisdiction, including the establishment by regulation of lines beyond which piers, bulkheads, wharves, pilings, structures, obstructions, or extensions of any character may not be built, erected, constructed, or extended; provide by regulation for the stationing, anchoring, and movement of vessels or other watercraft; adopt rules to prevent material, refuse, or matter of any kind from being thrown into, deposited, or placed where it may fall, or be washed, into navigable waters under its jurisdiction; ascertain the depth and course of the channels of those navigable waters; erect and maintain, authorize the erection and maintenance of, and make rules respecting wharves, bulkheads, piers, and piling, and the keeping of the same in repair, to prevent injury to navigation or health; regulate the use of wharves, docks, piers, bulkheads, or pilings owned by it; lease or rent the same, and impose and collect dockage from vessels and watercraft lying at, or using the same; and collect wharfage and other charges upon goods, wares, merchandise or other articles landed at, shipped from, stored on, or passed over the same.

Make and enter into contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act.

Lay out, construct, acquire, operate, lease, sell, and convey planned industrial districts as a part of port facilities within its jurisdiction, subject to the restrictions contained in this act upon operation and ownership of port facilities.

Do all acts and things necessary or convenient to promote and increase commerce and recreation within its territorial jurisdiction and carry out the powers expressly granted and any powers implied or necessary for the exercise of the powers expressly granted in this act.

History: 1978, Act 639, Imd. Eff. Jan. 11, 1979
Mich. Comp. Laws § 333.20711 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.20711
License required; use of term "freestanding birth center".
Status: in_force

Sec. 20711.

(1) A freestanding birth center must be licensed under this article.

(2) "Freestanding birth center" or a similar term or abbreviation must not be used to describe or refer to a health facility or agency unless it is licensed by the department under this article.

History: Add. 2024, Act 252, Eff. Apr. 2, 2025
Mich. Comp. Laws § 390.1476 — MI Code / Chapter 390 / Act Act-161-of-2000 / Section 390.1476
Contracts.
Status: in_force

Sec. 6.

The treasurer may enter into contracts that it considers necessary and proper for the implementation of this program.

History: 2000, Act 161, Imd. Eff. June 16, 2000
Mich. Comp. Laws § 324.8712 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.8712
Program to track restricted use pesticides to county of application; additional information required; confidentiality.
Status: in_force

Sec. 8712.

The director shall establish and implement a program to track restricted use pesticides to their county of application.

The director may require additional information for more refined tracking in specific areas determined through groundwater impact potential estimation to be highly vulnerable to groundwater contamination for those pesticides in which the United States environmental protection agency has required a state management plan.

Information collected in subsection (2) is confidential business information and is not subject to the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 722.875 — MI Code / Chapter 722 / Act Act-260-of-2008 / Section 722.875
Guardianship assistance; negotiating and entering guardianship assistance agreement; specifications; limitation on payment; review by department; eligibility determination.
Status: in_force

Sec. 5.

(1) Subject to the provisions of this act, the department may pay guardianship assistance to an eligible guardian on behalf of an eligible child.

(2) The guardian must apply for guardianship assistance under this act to the department.

(3) For a child who is eligible under section 3 and a guardian who is eligible under section 4, the department must negotiate and enter into a written, binding guardianship assistance agreement with the child's prospective guardian and must provide the prospective guardian a signed copy of the guardianship assistance agreement.

(4) The guardianship assistance agreement must specify all of the following:

(a) The additional services and assistance the child and the guardian are eligible for under the guardianship assistance agreement.

(b) The procedure by which the guardian may apply for additional services, if needed.

(c) That the department will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of an eligible child, to the extent the total cost does not exceed $2,000.00.

(5) The guardianship assistance agreement must remain in effect without regard to the state residency of the guardian.

(6) The department must determine eligibility for the guardianship assistance without regard to the income of the prospective guardian. A guardianship assistance payment on a child's behalf may not exceed the foster care maintenance payment that would have been paid on that child's behalf if that child had remained in a foster family home. The payment includes the determination of care rate that was paid or would have been paid for the child in a foster care placement, except that the amount must be increased to reflect the increase made in the standard age-appropriate foster care rate paid by the department.

(7) The department must review the eligibility of the guardian and the child for continuation of guardianship assistance annually. The guardian must provide the eligibility information requested by the department for purposes of the annual review.

(8) The department must make an eligibility determination within 30 days after receipt of a complete application for guardianship assistance.

History: 2008, Act 260, Imd. Eff. Aug. 4, 2008; Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009; Am. 2023, Act 68, Imd. Eff. July 12, 2023
Mich. Comp. Laws § 700.3703 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3703
General duties; relation and liability to persons interested in estate; standing to sue; accounting.
Status: in_force

Sec. 3703.

(1) A personal representative is a fiduciary who shall observe the standard of care applicable to a trustee as described by section 7803. A personal representative is under a duty to settle and distribute the decedent's estate in accordance with the terms of a probated and effective will and this act, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by this act, the terms of the will, if any, and an order in a proceeding to which the personal representative is party for the best interests of claimants whose claims have been allowed and of successors to the estate.

(2) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to the will's terms. Whether issued in an informal or formal proceeding, an order of appointment of a personal representative is authority to distribute apparently intestate property to the decedent's heirs if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the personal representative's duty to administer and distribute the estate in accordance with the rights of a claimant whose claim has been allowed, the surviving spouse, a minor or dependent child, or a pretermitted child of the decedent as described elsewhere in this act.

(3) Except as to a proceeding that does not survive the decedent's death, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of another jurisdiction as the decedent had immediately prior to death.

(4) The personal representative shall keep each presumptive distributee informed of the estate settlement. Until a beneficiary's share is fully distributed, the personal representative shall annually, and upon completion of the estate settlement, account to each beneficiary by supplying a statement of the activities of the estate and of the personal representative, specifying all receipts and disbursements and identifying property belonging to the estate.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2009, Act 46, Eff. Apr. 1, 2010
Mich. Comp. Laws § 393.357 — MI Code / Chapter 393 / Act Act-260-of-1978 / Section 393.357
Contributions or gifts; acceptance; expenditure; stipulation of donor.
Status: in_force

Sec. 7.

The commission may accept contributions or gifts in cash or otherwise from persons, associations, or corporations. Contributions and gifts shall be expended as provided by law, in the same manner as moneys appropriated for implementing the purposes of this act. The donor of the gift may stipulate the manner in which the gift shall be expended within the guidelines of this act.

History: 1978, Act 260, Eff. Oct. 1, 1978
Mich. Comp. Laws § 460.10v — MI Code / Chapter 460 / Act Act-3-of-1939 / Section 460.10v
Joint plan to expand available transmission capability.
Status: in_force

Sec. 10v.

Electric utilities serving more than 100,000 retail customers in this state shall file, by January 1, 2001, a joint plan with the commission detailing measures to permanently expand, within 2 years of the effective date of this section, the available transmission capability by at least 2,000 megawatts over the available transmission capability in place as of January 1, 2000.

The joint plan shall detail all actions including additional facilities required, the proposed schedule for accomplishing the actions, the cost of the actions, and the proposed ratemaking treatment for the costs. The joint plan shall also identify all actions and facilities that are required of other transmission owners, including out-of-state entities, to accommodate the actions described in the joint plan.

The commission may order modifications to the joint plan to make it consistent with this act. If the electric utilities are unable to agree upon a joint plan to meet the requirements of this act, the commission shall conduct a hearing to establish a joint plan. The commission shall authorize recovery from benefitting customers of all reasonable and prudent costs incurred by transmission owners for authorized actions taken and facilities installed to meet the requirements of this section that are not recovered through FERC transmission rates.

If an electric utility or an affiliate that is the owner of the transmission assets is denied cost recovery of the reasonable and prudent costs expended to implement the joint plan, then the electric utility or affiliate shall have no further obligation to implement the joint plan. If an electric utility or its affiliate is subsequently granted cost recovery, then the obligation to implement the original joint plan is required. If cost recovery of the reasonable and prudent costs of implementing the joint plan is denied, an electric utility or its affiliate shall develop a new joint plan as provided under this section.

History: Add. 2000, Act 141, Imd. Eff. June 5, 2000
Mich. Comp. Laws § 436.2024 — MI Code / Chapter 436 / Act Act-58-of-1998 / Section 436.2024
Automatic teller machine; preventing access to cash benefits from Michigan bridge card; definitions.
Status: in_force

Sec. 1024.

(1) A retailer shall work with the department of human services and with persons that provide automatic teller machine services on the retailer's premises to prevent an individual's access to cash benefits from Michigan bridge cards through a point of sale device or withdrawal from an automatic teller machine on the retailer's premises. For purposes of this section only, a retailer does not include a retail food store.

(2) As used in this section:

(a) "Michigan bridge card" means the card that is used to distribute cash benefits by the department of human services.

(b) "Retail food store" means that term as defined in 7 USC 2012.

History: Add. 2013, Act 197, Eff. Feb. 1, 2014
Mich. Comp. Laws § 206.621 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.621
Nexus; "actively solicits" and "physical presence" defined.
Status: in_force

Sec. 621.

(1) Except as otherwise provided in this part, a taxpayer has substantial nexus in this state and is subject to the tax imposed under this part if the taxpayer has a physical presence in this state for a period of more than 1 day during the tax year, if the taxpayer actively solicits sales in this state and has gross receipts of $350,000.00 or more sourced to this state, or if the taxpayer has an ownership interest or a beneficial interest in a flow-through entity, directly, or indirectly through 1 or more other flow-through entities, that has substantial nexus in this state.

(2) As used in this section:

(a) "Actively solicits" means either of the following:

( i ) Speech, conduct, or activity that is purposefully directed at or intended to reach persons within this state and that explicitly or implicitly invites an order for a purchase or sale.

( ii ) Speech, conduct, or activity that is purposefully directed at or intended to reach persons within this state that neither explicitly nor implicitly invites an order for a purchase or sale, but is entirely ancillary to requests for an order for a purchase or sale.

(b) "Physical presence" means any activity conducted by the taxpayer or on behalf of the taxpayer by the taxpayer's employee, agent, or independent contractor acting in a representative capacity. Physical presence does not include the activities of professionals providing services in a professional capacity or other service providers if the activity is not significantly associated with the taxpayer's ability to establish and maintain a market in this state.

History: Add. 2011, Act 38, Eff. Jan. 1, 2012; Am. 2011, Act 187, Eff. Jan. 1, 2012