FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 600.2961 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.2961
Definitions; determining when commission due; payment of commissions; liability; attorney fees and costs; jurisdiction; contract waiver void; applicability of section.
Status: in_force

Sec. 2961.

As used in this section:

"Commission" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a percentage of the dollar amount of profits.

"Person" means an individual, corporation, partnership, association, governmental entity, or any other legal entity.

"Prevailing party" means a party who wins on all the allegations of the complaint or on all of the responses to the complaint.

"Principal" means a person that does either of the following:

Manufactures, produces, imports, sells, or distributes a product in this state.

Contracts with a sales representative to solicit orders for or sell a product in this state.

"Sales representative" means a person who contracts with or is employed by a principal for the solicitation of orders or sale of goods and is paid, in whole or in part, by commission. Sales representative does not include a person who places an order or sale for a product on his or her own account for resale by that sales representative.

The terms of the contract between the principal and sales representative shall determine when a commission becomes due.

If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the parties shall control or, if there are no past practices, the custom and usage prevalent in this state for the business that is the subject of the relationship between the parties.

All commissions that are due at the time of termination of a contract between a sales representative and principal shall be paid within 45 days after the date of termination. Commissions that become due after the termination date shall be paid within 45 days after the date on which the commission became due.

A principal who fails to comply with this section is liable to the sales representative for both of the following:

Actual damages caused by the failure to pay the commissions when due.

If the principal is found to have intentionally failed to pay the commission when due, an amount equal to 2 times the amount of commissions due but not paid as required by this section or $100,000.00, whichever is less.

If a sales representative brings a cause of action pursuant to this section, the court shall award to the prevailing party reasonable attorney fees and court costs.

In an action brought under this section, jurisdiction shall be determined in accordance with chapter 7.

A provision in a contract between a principal and a sales representative purporting to waive any right under this section is void.

This section does not affect the rights of a principal or sales representative that are otherwise provided by law.

History: Add. 1992, Act 125, Imd. Eff. June 29, 1992
Mich. Comp. Laws § 168.500i — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.500i
"Agent" defined.
Status: in_force

Sec. 500i.

As used in sections 500a to 500e, "agent" means a person appointed by the secretary of state to act as an examining officer for the purpose of examining applicants for operator's and chauffeur's licenses under section 309 of the Michigan vehicle code, 1949 PA 300, MCL 257.309.

History: Add. 1975, Act 28, Eff. July 1, 1975; Am. 2018, Act 125, Eff. Dec. 31, 2018
Mich. Comp. Laws § 780.764 — MI Code / Chapter 780 / Act Act-87-of-1985 / Section 780.764
Impact statement generally.
Status: in_force

Sec. 14.

The victim has the right to submit or make a written or oral impact statement to the probation officer for use by that officer in preparing a presentence investigation report concerning the defendant pursuant to section 14 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.14. A victim's written statement shall upon the victim's request, be included in the presentence investigation report.

History: 1985, Act 87, Eff. Oct. 9, 1985; Am. 2000, Act 503, Eff. June 1, 2001
Mich. Comp. Laws § 389.114 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.114
Board of trustees; bonds of officers and employees.
Status: in_force

Sec. 114.

The treasurer and such other officers or employees as shall handle money on behalf of the community college district shall first secure a suitable bond from a responsible bonding company, which bond shall be paid for by the board of trustees.

History: 1966, Act 331, Eff. Oct. 1, 1966
Mich. Comp. Laws § 339.513 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.513
Findings of fact and conclusions of law; hearing report; copies; complaint involving professional standards of practice.
Status: in_force

Sec. 513.

Except as provided in subsection (3), at the conclusion of a hearing conducted under section 511, the administrative law hearings examiner shall submit a determination of findings of fact and conclusions of law to the department and the department of the attorney general and the appropriate board in a hearing report. The submitted hearing report may recommend the penalties to be assessed as prescribed in article 6.

A copy of a hearing report shall be submitted to the person who made the complaint and to the person against whom the complaint was lodged.

For a complaint involving professional standards of practice under article 7, a majority of the members of the board who have not participated in an investigation of the complaint or who have not attended an informal conference, shall sit to make findings of fact in relation to the complaint.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Mich. Comp. Laws § 389.86 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.86
Annexation by district; action by board of education.
Status: in_force

Sec. 86.

In the annexation of a local school district, if the resolution and approval are filed with the secretary more than 90 or less than 21 days before the date of the regular school election, the board of education of the district shall request that the school district filing official call a special election for voting on the propositions of annexation. If the resolution and approval are filed more than 20 days but less than 91 days before the date of the regular school election, the board of education of the district shall request that the school district filing official submit the annexation propositions to the electors at the regular school election.

In the annexation of an intermediate school district, the secretary of the intermediate school board of the intermediate school district in writing shall direct the board of education of each component local school district to submit the annexation propositions to the electors of that component school district. Each school district shall request that the school district filing official call and hold the election at the time of the regular school election if notification is given more than 20 but less than 91 days before the date of the regular school election. Otherwise, each board of education shall request that the school district filing official call a special election to consider the annexation propositions.

History: Add. 2000, Act 488, Imd. Eff. Jan. 11, 2001; Am. 2003, Act 306, Eff. Jan. 1, 2005
Mich. Comp. Laws § 551.201 — MI Code / Chapter 551 / Act Act-180-of-1897 / Section 551.201
Issuance of marriage license without publicity; order.
Status: in_force

Sec. 1.

(1) When an individual desires to keep the exact date of his or her marriage to an individual of the opposite sex a secret, the probate judge may issue, without publicity, a marriage license to any individual making application, under oath, if there is good reason expressed in the application and determined to be sufficient by the probate judge.

(2) The probate judge may authorize an order nunc pro tunc regarding the date to appear on the marriage license.

History: 1897, Act 180, Eff. Aug. 30, 1897; CL 1897, 8612; Am. 1899, Act 232, Eff. Sept. 23, 1899; CL 1915, 11387; CL 1929, 12717; Am. 1939, Act 251, Eff. Sept. 29, 1939; CL 1948, 551.201; Am. 1957, Act 209, Eff. Sept. 27, 1957; Am. 1967, Act 175, Imd. Eff. June 30, 1967; Am. 1983, Act 199, Imd. Eff. Nov. 7, 1983; Am. 2023, Act 122, Imd. Eff. Sept. 19, 2023
Mich. Comp. Laws § 38.2657 — MI Code / Chapter 38 / Act Act-234-of-1992 / Section 38.2657
Administration of Tier 2 by state treasurer.
Status: in_force

Sec. 707.

The state treasurer shall administer Tier 2 and shall invest the assets of Tier 2. The state treasurer is the fiduciary and trustee of Tier 2. The state treasurer may appoint an advisory board to assist the state treasurer in carrying out his or her duties as fiduciary and trustee.

The state treasurer shall determine the provisions and procedures of Tier 2 in conformity with this act and the internal revenue code.

The state treasurer has the exclusive authority and responsibility to employ or contract with personnel and for services that the state treasurer determines necessary for the proper administration of and investment of assets of Tier 2, including but not limited to managerial, professional, legal, clerical, technical, and administrative personnel or services.

History: Add. 1996, Act 523, Eff. Mar. 31, 1997
Mich. Comp. Laws § 41.3c — MI Code / Chapter 41 / Act R-S-of-1846 / Section 41.3c
Power to impose special assessment for mosquito abatement.
Status: in_force

Sec. 3c.

(1) A township may finance by special assessment the provision of mosquito abatement by private contractors. The township board may initiate the establishment of a township-wide special assessment district under this section by resolution or authorize the use of petitions to initiate the establishment of a township-wide special assessment district under this section, or both. If petitions are used to initiate the establishment of a township-wide special assessment district under this section, the owners of not less than 10% of the land in the township must sign the petitions to initiate the establishment of the township-wide special assessment district.

(2) If a township board adopts a resolution to initiate the establishment of a township-wide special assessment district as provided under subsection (1) or if the owners of not less than 10% of the land in the township sign petitions to initiate the establishment of a township-wide special assessment district as provided under subsection (1), the township board shall submit the question of raising money for mosquito abatement by special assessment to the electors residing in that township at a general election or special election called for that purpose by the township board. When submitting the question of raising money for mosquito abatement by special assessment, the ballot must state the duration of the special assessment.

(3) If the question of raising money for mosquito abatement by special assessment is submitted by the township board to the electors residing in that township, a special assessment district for mosquito abatement is established if a majority of the electors residing in that township voting on the question approve the special assessment district.

(4) All proceedings related to the making, levying, and collecting of special assessments authorized under this section must conform as nearly as practicable with the proceedings provided in 1954 PA 188, MCL 41.721 to 41.738.

History: Add. 2020, Act 273, Eff. Mar. 24, 2021
Mich. Comp. Laws § 560.245 — MI Code / Chapter 560 / Act Act-288-of-1967 / Section 560.245
Abstract of title or title policy; attorney's opinion in lieu of abstract.
Status: in_force

Sec. 245.

The proprietor submitting the plat for approval shall furnish to the governing body an abstract of title certified to date of the proprietor's certificate to establish recorded ownership interests and any other information deemed necessary for the purpose of ascertaining whether the proper parties have signed the plat, or a policy of title insurance currently in force, covering all of the land included within the boundaries of the proposed subdivision. The governing body, in lieu of an abstract of title, may accept on its own responsibility an attorney's opinion based on the abstract of title as to ownership and marketability of title of the land.

History: 1967, Act 288, Eff. Jan. 1, 1968
Mich. Comp. Laws § 324.17203 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.17203
Enforcement; violation as misdemeanor; penalty.
Status: in_force

Sec. 17203.

The department of environmental quality shall enforce this part.

A person who violates this part is guilty of a misdemeanor punishable by imprisonment for not more than 60 days or a fine of not more than $1,000.00, or both, plus the costs of prosecution.

History: Add. 2002, Act 578, Imd. Eff. Oct. 3, 2002
Mich. Comp. Laws § 333.16247 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.16247
Reinstatement of license or issuance of limited license; requirements.
Status: in_force

Sec. 16247.

(1) Except as otherwise provided in this section, a board or task force may reinstate a license or issue a limited license to an individual whose license has been suspended or revoked under this part if after a hearing the board or task force is satisfied by clear and convincing evidence that the applicant is of good moral character, is able to practice the profession with reasonable skill and safety to patients, has met the criteria in the guidelines adopted under section 16245(6), and should be permitted in the public interest to practice. Pursuant to the guidelines adopted under section 16245(6), as a condition of reinstatement, a disciplinary subcommittee, upon the recommendation of a board or task force, may impose a disciplinary or corrective measure authorized under this part and require that the licensee attend a school or program selected by the board or task force to take designated courses or training to become competent or proficient in those areas of practice in which the board or task force finds the licensee to be deficient. The board or task force may require a statement on a form approved by it from the chief administrator of the school or program attended or the person responsible for the training certifying that the licensee has achieved the required competency or proficiency.

(2) As a condition of reinstatement, a board or task force shall place the licensee on probation for 1 year under conditions set by the board or task force. If a licensee whose license has been revoked cannot apply for reinstatement for 5 years after the date of revocation, then, as a condition of reinstatement, the board or task force shall require the licensee to take and pass the current licensure examination.

(3) A board or task force shall not reinstate a license suspended or revoked for grounds stated in section 16221(b)( i ), ( iii ), or ( iv ) until it finds that the licensee is mentally or physically able to practice with reasonable skill and safety to patients. The board or task force may require further examination of the licensee, at the licensee's expense, necessary to verify that the licensee is mentally or physically able. The board or task force shall give a licensee described in this section the opportunity at reasonable intervals to demonstrate that he or she can resume competent practice in accordance with standards of acceptable and prevailing practice.

(4) A board or task force shall not reinstate a license or issue a limited license to an individual whose license has been permanently revoked under section 16221.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1993, Act 79, Eff. Apr. 1, 1994; Am. 2014, Act 413, Eff. Mar. 30, 2015
Mich. Comp. Laws § 429.355 — MI Code / Chapter 429 / Act Act-317-of-1975 / Section 429.355
Periodic information as to electricity and gas rates.
Status: in_force

Sec. 5.

To implement this act, the commission shall require utilities under its regulation to periodically inform their customers of the rates per kilowatt hour of electricity or per hundred cubic feet of gas.

History: 1975, Act 317, Eff. Mar. 31, 1976
Mich. Comp. Laws § 45.101 — MI Code / Chapter 45 / Act Act-160-of-1974 / Section 45.101
Adjustment of county boundaries; resolution or petition; placing question on ballot.
Status: in_force

Sec. 1.

A city situated in 2 or more counties may by resolution of its governing body or petition of 10% of its registered electors or 10,000 registered electors, whichever is the lesser have the question of adjusting the counties' boundaries so the entire city shall be included within 1 county placed on the ballot at the next general election held not earlier than 90 days from the certification of the resolution or receipt of the petition by the clerk of the local governing body.

History: 1974, Act 160, Imd. Eff. June 20, 1974
Mich. Comp. Laws § 254.104 — MI Code / Chapter 254 / Act Act-181-of-1921 / Section 254.104
Work performance; trunk line bridge.
Status: in_force

Sec. 4.

All work involved in or incidental to the maintenance, repair and improvement of said bridge shall be performed in such manner as is or may be provided by law for the maintenance, repair and improvement of trunk line bridges, except when the manner of performing such work is prescribed by any existing contract and in such cases the work shall be performed in accordance with such contract, it being the intent hereof that said bridge in so far as the public interest therein is concerned, shall be regarded as a trunk line bridge.

History: 1921, Act 181, Eff. Aug. 18, 1921; CL 1929, 4581; CL 1948, 254.104
Mich. Comp. Laws § 333.2844 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2844
Investigation and determination of cause of death; timing; notice to funeral director; final disposition.
Status: in_force

Sec. 2844.

(1) If an investigation is required under 1953 PA 181, MCL 52.201 to 52.216, the county medical examiner shall determine the cause of death and shall complete and sign the medical certification within 48 hours after taking charge of the case.

(2) If the cause of death cannot be determined within 48 hours after death, the medical certification may be completed as provided by the department. The funeral director in custody of the body must be given notice of the reason for the delay by and final disposition must not be made until authorized by 1 of the following individuals:

(a) The attending physician or county medical examiner.

(b) The attending physician's authorized representative.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 2026, Act 3, Imd. Eff. Mar. 17, 2026
Mich. Comp. Laws § 206.809 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.809
Definitions; T to U.
Status: in_force

Sec. 809.

(1) "Tax" means the tax imposed under this part, including interest and penalties under this part, unless the term is given a more limited meaning in the context of this part or a provision of this part.

(2) "Tax year" means the calendar year, or the fiscal year ending during the calendar year, upon the basis of which the tax base of a taxpayer is computed under this part. If a return is made for a fractional part of a year, tax year means the period for which the return is made. Except for the first return required by this part, a taxpayer's tax year is for the same period as is covered by its federal income tax return. A taxpayer that has a 52- or 53-week tax year beginning not more than 7 days before the end of any month is considered to have a tax year beginning on the first day of the subsequent month.

(3) "Taxpayer" means a flow-through entity that elects pursuant to section 813 to be subject to the tax under this part.

(4) "United States person" means that term as defined in section 7701(a)(30) of the internal revenue code.

History: Add. 2021, Act 135, Imd. Eff. Dec. 21, 2021
Mich. Comp. Laws § 330.1411 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1411
Informal voluntary hospitalization; request.
Status: in_force

Sec. 411.

Subject to section 410, an individual 18 years of age or over may be hospitalized as an informal voluntary patient if he or she requests hospitalization as an informal voluntary patient and if the hospital director considers the individual to be clinically suitable for that form of hospitalization. Unless the hospital requires that the request be made in writing, the individual may make the request orally.

History: 1974, Act 258, Eff. Nov. 6, 1974; Am. 1995, Act 290, Eff. Mar. 28, 1996
Mich. Comp. Laws § 333.10104 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.10104
Anatomical gift of donor's body or body part; purpose; persons making gift.
Status: in_force

Sec. 10104.

Subject to section 10108, an anatomical gift of a donor's body or body part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 10105 by any of the following:

(a) The donor, if the donor is an adult or if the donor is a minor and meets 1 or more of the following requirements:

( i ) Is emancipated.

( ii ) Has been issued a driver license or identification card because the donor is at least 16 years of age.

(b) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift.

(c) A parent of the donor, if the donor is an unemancipated minor.

(d) The donor's guardian.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 2003, Act 62, Imd. Eff. July 22, 2003; Am. 2005, Act 140, Imd. Eff. Sept. 29, 2005; Am. 2008, Act 39, Eff. May 1, 2008
Mich. Comp. Laws § 35.1212 — MI Code / Chapter 35 / Act Act-363-of-2004 / Section 35.1212
Definitions.
Status: in_force

Sec. 2.

As used in this act:

(a) "Department" means the department of military and veterans affairs.

(b) "Family" or "families" means the military dependents as determined by the qualified individual's branch of service.

(c) "Fund" means the military family relief fund created in section 3.

(d) "Need" means an unforeseen situation that causes a temporary or short-term financial emergency or hardship that a grant under this act will resolve and for which an applicant can demonstrate the ability to meet expenses in the future.

(e) "Qualified individual" means an individual who meets all of the following criteria:

( i ) The individual is or was a member of a reserve component of the United States armed forces or the United State coast guard based in this state or is a resident of this state serving in a reserve component of the United States armed forces or the United States coast guard based in another state and is called to active duty by the president of the United States or the United States secretary of defense as a result of national response to September 11, 2001 or as a response to a national emergency declared by the president of the United States and for which funds are being spent by the federal government.

( ii ) The individual's family can document the need for financial assistance for clothing, food, housing, utilities, medical services or prescriptions, insurance payments, vehicle payments, or other related necessities of daily living in either of the following situations:

(A) The need occurred after a unit received an alert order for active federal service or within 6 months after a unit returned from active federal service.

(B) The need occurred because the individual has incurred a line of duty injury or illness.

(f) "Reserve components of the United States armed forces" means all of the following:

( i ) The army national guard of the United States.

( ii ) The army, naval, marine corps, air force, and coast guard reserves.

( iii ) The air national guard of the United States.

(g) "Unit" means a mobilized unit in which the qualified individual is in active federal service.

History: 2004, Act 363, Imd. Eff. Oct. 6, 2004; Am. 2014, Act 62, Imd. Eff. Mar. 27, 2014