FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 700.2709 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.2709
Substitute gift.
Status: in_force

Sec. 2709.

If a beneficiary fails to survive the decedent and is a grandparent, a grandparent's descendant, or the decedent's stepchild, the following apply:

Except as provided in subdivision (d), if the beneficiary designation is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created in the beneficiary's surviving descendants. They take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the decedent.

Except as provided in subdivision (d), if the beneficiary designation is in the form of a class gift, other than a beneficiary designation to "issue", "descendants", "heirs of the body", "heirs", "next of kin", "relatives", or "family" or a class described by language of similar import, a substitute gift is created in the surviving descendants of each deceased beneficiary. The property to which the beneficiaries would have been entitled had all of them survived the decedent passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which he or she would have been entitled had the deceased beneficiaries survived the decedent. Each deceased beneficiary's surviving descendants who are substituted for the deceased beneficiary take by representation the share to which the deceased beneficiary would have been entitled had the deceased beneficiary survived the decedent. For the purposes of this subdivision, "deceased beneficiary" means a class member who failed to survive the decedent and left 1 or more surviving descendants.

For the purposes of section 2701, words of survivorship, such as in a beneficiary designation to an individual "if he survives me" or in a beneficiary designation to "my surviving children", are not, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of this section.

If a governing instrument creates an alternative beneficiary designation with respect to a beneficiary designation for which a substitute gift is created by subdivision (a) or (b), the substitute gift is superseded by the alternative beneficiary designation only if an expressly designated beneficiary of the alternative beneficiary designation is entitled to take.

History: 1998, Act 386, Eff. Apr. 1, 2000
Mich. Comp. Laws § 38.1662 — MI Code / Chapter 38 / Act Act-182-of-1986 / Section 38.1662
Definitions; A to C.
Status: in_force

Sec. 62.

(1) "Accumulated balance" means the total balance in a qualified participant's, former qualified participant's, or refund beneficiary's individual account in Tier 2.

(2) "Compensation" means the remuneration paid to a participant on account of the participant's services rendered to his or her employer equal to the sum of the following:

(a) A participant's W-2 earnings for services performed for the employer.

(b) Any amount contributed or deferred at the election of the participant that is excluded from gross income under section 125, 132(f)(4), 401(k), 403(b), or 457 of the internal revenue code, 26 USC 125, 132, 401, 403, and 457.

History: Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
Mich. Comp. Laws § 4.364 — MI Code / Chapter 4 / Act Act-46-of-1975 / Section 4.364
Authority of ombudsman.
Status: in_force

Sec. 14.

The authority granted the ombudsman is in addition to the authority granted under the provisions of any other act or rule under which the remedy or right of appeal or objection is provided for a person, or any procedure provided for the inquiry into or investigation of any matter. The authority granted the ombudsman shall not be construed to limit or affect the remedy or right of appeal or objection and shall not be deemed part of an exclusionary process.

History: 1975, Act 46, Imd. Eff. May 16, 1975
Mich. Comp. Laws § 700.3988 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3988
Closing by sworn statement of personal representative.
Status: in_force

Sec. 3988.

Unless prohibited by court order and except for an estate being administered by a supervised personal representative, a personal representative may close an estate administered under the summary procedures of section 3987 by filing with the court, at any time after disbursement and distribution of the estate, a sworn statement stating all of the following:

To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed administration costs and expenses, reasonable funeral and burial expenses, homestead allowance, family allowance, exempt property, and reasonable, necessary medical and hospital expenses of the decedent's last illness.

The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled to the estate.

The personal representative has sent a copy of the closing statement to all estate distributees and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred, and has furnished a full account in writing of the estate administration to the distributees whose interests are affected.

The sworn statement filed under this section has the same effect as a sworn statement filed under section 3954. If an objection to the sworn statement is not filed within 28 days after the filing date, the register shall issue a certificate described in section 3958.

If an action or proceeding involving the personal representative is not pending in the court 1 year after the closing statement is filed under this section, the personal representative's appointment terminates.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2000, Act 177, Imd. Eff. June 20, 2000
Mich. Comp. Laws § 333.13710 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.13710
Minimum criteria for design, construction, and operation of disposal site.
Status: in_force

Sec. 13710.

The director, following consultation with the department of natural resources, shall establish minimum criteria for the design, construction, and operation of the disposal site. The minimum criteria shall reflect and shall be updated to include state-of-the-art technology in regard to disposal site design, construction, operation, and waste disposal technology. The criteria shall be developed and prepared in the form of specifications to be included in the construction and operating license issued to the authority pursuant to sections 13712 to 13714 and in any modification of that license. The criteria at a minimum shall comply with criteria adopted under the atomic energy act of 1954, 42 U.S.C. 2011 to 2296 and regulations pertaining to licensing requirements for land disposal of waste under 10 C.F.R. 61.1 to 61.81 and shall require that the isolation distance between the disposal unit and adjacent property lines be at least 3,000 feet.

Shallow land burial shall not be permitted. Acceptable disposal technologies shall be limited to above and below ground canisters or above and below ground vaults, or both. The criteria shall also include provisions for monitoring at the disposal site and within the disposal unit and provisions for the recoverability of waste that has been disposed of in the disposal site.

History: Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987; Am. 1994, Act 435, Imd. Eff. Jan. 6, 1995
Mich. Comp. Laws § 600.3356 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.3356
Creditor with lien; transfer; impairment.
Status: in_force

Sec. 3356.

The partition of the premises shall not alter or impair the lien of any creditor on the premises in question, except that when the lien is on the undivided interest or estate of any of the parties, either in a portion or the whole of the premises partitioned, such lien, if partition can be made, shall thereafter be transferred, and be a charge only on the premises assigned to such party, and may be enforced against the same as though such lien had originally existed thereupon.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 101.16 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 101.16
Public sewers; repair; cost, payment.
Status: in_force

Sec. 16.

The expenses of repairing public sewers, ditches and water-courses may be paid from the general sewer fund. The expenses of reconstructing public sewers shall be defrayed in the manner herein prescribed for paying the expenses of the construction thereof.

History: 1895, Act 215, Eff. Aug. 30, 1895; CL 1897, 3170; CL 1915, 3084; CL 1929, 2008; CL 1948, 101.16
Mich. Comp. Laws § 440.9611 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.9611
Notification before disposition of collateral.
Status: in_force

Sec. 9611.

As used in this section, "notification date" means the earlier of the date on which 1 of the following occurs:

A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition.

The debtor and any secondary obligor waive the right to notification.

Except as otherwise provided in subsection (4), a secured party that disposes of collateral under section 9610 shall send to the persons specified in subsection (3) a reasonable authenticated notification of disposition.

To comply with subsection (2), the secured party shall send an authenticated notification of disposition to all of the following:

The debtor.

Any secondary obligor.

If the collateral is other than consumer goods, all of the following, as applicable:

Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral.

Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that identified the collateral, was indexed under the debtor's name as of that date, and was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date.

Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in section 9311(1).

Subsection (2) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.

A secured party complies with the requirement for notification prescribed by subsection (3)(c)( ii ) if the secured party does both of the following:

Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (3)(c)( ii ).

Before the notification date, 1 of the following applies:

The secured party did not receive a response to the request for information.

The secured party received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.

History: Add. 2000, Act 348, Eff. July 1, 2001
Mich. Comp. Laws § 257.4c — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.4c
“Buy back vehicle” defined.
Status: in_force

Sec. 4c.

"Buy back vehicle" means a motor vehicle reacquired by a manufacturer as the result of an arbitration proceeding, pursuant to a customer satisfaction policy adopted by the manufacturer, or under 1986 PA 87, MCL 257.1401 to 257.1410, or a similar law of another state.

History: Add. 2002, Act 652, Eff. Jan. 1, 2003
Mich. Comp. Laws § 427.14 — MI Code / Chapter 427 / Act Act-188-of-1913 / Section 427.14
Hindrance of inspector; penalty.
Status: in_force

Sec. 14.

Any owner, manager, agent or person in charge of a hotel, who shall obstruct or hinder an inspector in the proper discharge of his duties under this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than 25 dollars nor more than 50 dollars, or shall be imprisoned in the county jail not less than 30 days nor more than 60 days, or both.

History: 1913, Act 188, Eff. Aug. 14, 1913; CL 1915, 6945; CL 1929, 8819; CL 1948, 427.14
Mich. Comp. Laws § 436.2019 — MI Code / Chapter 436 / Act Act-58-of-1998 / Section 436.2019
Sales in hotel rooms.
Status: in_force

Sec. 1019.

Alcoholic liquor may be served by any hotel licensed individually under this act in the room of a bona fide guest.

A person shall not consume or offer for consumption spirits or mixed spirit drink in any place licensed under this act to sell beer or wine and not licensed to sell spirits or mixed spirit drink.

History: 1998, Act 58, Imd. Eff. Apr. 14, 1998
Mich. Comp. Laws § 388.982 — MI Code / Chapter 388 / Act Act-112-of-1961 / Section 388.982
Sale of refunding bonds, notes, or commercial paper; disposition of proceeds; payment.
Status: in_force

Sec. 2.

The proceeds of sale of refunding bonds, notes, or commercial paper issued under this act shall be applied as determined by the state administrative board. The proceeds of sale of bonds, notes, or commercial paper issued under this act for the purpose of reimbursing this state or the Michigan finance authority shall be applied as determined by the state administrative board. The proceeds of sale of other bonds, notes, or commercial paper issued under this act shall be deposited in the school loan revolving fund established under section 16c of the shared credit rating act, 1985 PA 227, MCL 141.1066c, and shall be paid out in no other manner or for any other purpose than provided in section 16 of article IX of the state constitution of 1963 and laws enacted pursuant to that section.

History: 1961, Act 112, Eff. Sept. 8, 1961; Am. 1963, 2nd Ex. Sess., Act 66, Eff. Jan. 1, 1964; Am. 1991, Act 64, Imd. Eff. July 3, 1991; Am. 2000, Act 245, Imd. Eff. June 29, 2000; Am. 2005, Act 94, Imd. Eff. July 20, 2005; Am. 2012, Act 438, Eff. Mar. 28, 2013
Mich. Comp. Laws § 324.71601 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.71601
Definitions.
Status: in_force

Sec. 71601.

As used in this part:

"Community recreation plan" means a 5-year, comprehensive recreation plan for a given local unit of government, approval of which is required by the department for participation in the land and water conservation fund program pursuant to the land and water conservation fund act of 1965, public law 88-578, 78 Stat. 897, and the Michigan natural resources trust fund grant program under part 19.

"Department" means the department of natural resources.

"Director" means the director of the department.

"Grant" means a local recreation grant under this part.

"Infrastructure improvement" means restoration of the natural environment or the renovation, repair, replacement, upgrading, or structural improvement of an existing facility that is not less than 15 years old, including any of the following:

Recreation centers.

Sports fields.

Beaches.

Trails.

Playgrounds.

"Local recreation project" means capital improvement projects including, but not limited to, the construction, expansion, development, or rehabilitation of recreational facilities. Local recreation project does not include the operation, maintenance, or administration of those facilities, wages, or administration of projects or purchase of facilities already dedicated to public recreational purposes.

"Local unit of government" means a county, city, township, village, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or any combination of those entities, which authority is legally constituted to provide public recreation.

"Regional park" means a public recreation site that is under the applicant's control and that is in compliance with all of the following requirements as determined by the department:

The site does now, or will, attract not less than 25% of its users from areas in the region that are 30 minutes or more driving time from the site.

The site provides passive, water-based, and active recreation opportunities.

The site is contiguous to, or encompasses, a natural resource feature.

History: Add. 1998, Act 286, Eff. Dec. 1, 1998
Mich. Comp. Laws § 2.111 — MI Code / Chapter 2 / Act E-R-O-No-1997-1 / Section 2.111
Renaming of Michigan travel bureau as Travel Michigan.
Status: in_force

WHEREAS, Michigan's tourist industry is crucial to the economic well-being of the state; and,

WHEREAS, the role of the Michigan Travel Bureau in marketing Michigan and bolstering tourism is an essential ingredient in assuring a strong tourism industry; and,

WHEREAS, the Michigan Travel Bureau was created by Act No. 145 of the Public Acts of 1975, as amended, being section 2.102a of the Michigan Compiled Laws;

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

1. The Michigan Travel Bureau is hereby renamed Travel Michigan.

2. Any and all statutory references to the Travel Bureau or Michigan Travel Bureau are hereinafter to be deemed a reference to Travel Michigan.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days from the filing of this Order.

History: 1997, E.R.O. No. 1997-1, Eff. Mar. 17, 1997
Mich. Comp. Laws § 333.7457 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.7457
Applicability of MCL 333.7451 to 333.7455.
Status: in_force

Sec. 7457.

Sections 7451 to 7455 do not apply to any of the following:

(a) An object sold or offered for sale to a person licensed under article 15 or under the occupational code, 1980 PA 299, MCL 339.101 to 339.2721, or any intern, trainee, apprentice, or assistant in a profession licensed under article 15 or under the occupational code, 1980 PA 299, MCL 339.101 to 339.2721, for use in that profession.

(b) An object sold or offered for sale to any hospital, sanitarium, clinical laboratory, or other health care institution including a penal, correctional, or juvenile detention facility for use in that institution.

(c) An object sold or offered for sale to a dealer in medical, dental, surgical, or pharmaceutical supplies.

(d) A blender, bowl, container, spoon, or mixing device not specifically designed for a use described in section 7451.

(e) A hypodermic syringe or needle sold or offered for sale for the purpose of injecting or otherwise treating livestock or other animals.

(f) An object sold, offered for sale, or given away by a state or local governmental agency or by a person specifically authorized by a state or local governmental agency to prevent the transmission of infectious agents.

History: Add. 1988, Act 139, Imd. Eff. June 3, 1988; Am. 2006, Act 458, Eff. Mar. 20, 2007
Mich. Comp. Laws § 440.9402 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.9402
Secured party not obligated on contract of debtor or in tort.
Status: in_force

Sec. 9402.

The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1978, Act 369, Eff. Jan. 1, 1979; Am. 1980, Act 53, Imd. Eff. Mar. 27, 1980; Am. 1988, Act 130, Eff. Sept. 1, 1988; Am. 1989, Act 216, Imd. Eff. Nov. 27, 1989; Am. 1998, Act 489, Imd. Eff. Jan. 4, 1999; Am. 2000, Act 348, Eff. July 1, 2001
Mich. Comp. Laws § 331.73d — MI Code / Chapter 331 / Act Act-38-of-1969 / Section 331.73d
Refunding bonds; nonliability of state; statement.
Status: in_force

Sec. 43d.

The state shall not be liable on the refunding bonds of the state authority, and the bonds shall not be a debt of the state. Each bond shall contain on its face a statement to that effect. The state shall not be or become liable for a debt evidenced by the bonds or notes to be refunded as a result of the issuance of the refunding bonds.

History: Add. 1978, Act 277, Imd. Eff. July 3, 1978
Mich. Comp. Laws § 211.9i — MI Code / Chapter 211 / Act Act-206-of-1893 / Section 211.9i
Alternative energy personal property; exemption from tax.
Status: in_force

Sec. 9i.

(1) Subject to subsection (2), alternative energy personal property is exempt from the collection of taxes under this act as provided in this section.

(2) The exemption under this section applies to the following:

(a) Taxes levied on alternative energy personal property after December 31, 2002 and before January 1, 2013.

(b) Taxes levied on that category of alternative energy personal property described in subsection (3)(a)( i ) after the effective date of the amendatory act that added this subdivision, without regard to ownership of the alternative energy personal property, provided that all of the following conditions are met:

( i ) The alternative energy personal property has a generating capacity of not more than 150 kilowatts and is used solely to offset all or a portion of the commercial or industrial energy usage of the person upon whose real property the alternative energy personal property is located.

( ii ) If installed after the effective date of the amendatory act that added this subparagraph, the alternative energy personal property has a true cash value that, when combined with the true cash value of all personal property exempt under section 9o as eligible personal property of the person claiming the exemption under this section or a related entity, equals less than $80,000.00.

(3) As used in this section:

(a) "Alternative energy personal property" means all of the following:

( i ) An alternative energy system.

( ii ) An alternative energy vehicle.

( iii ) All personal property of an alternative energy technology business.

( iv ) The personal property of a business that is not an alternative energy technology business that is used solely for the purpose of researching, developing, or manufacturing an alternative energy technology.

(b) "Alternative energy system", "alternative energy vehicle", "alternative energy technology", and "alternative energy technology business" mean those terms as defined in the Michigan next energy authority act, 2002 PA 593, MCL 207.821 to 207.827.

History: Add. 2002, Act 549, Imd. Eff. July 26, 2002; Am. 2019, Act. 118, Imd. Eff. Nov. 15, 2019
Mich. Comp. Laws § 500.6822 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.6822
Certificate of authority; required to transact business; expiration; renewal; revocation; qualification for certificate of authority or commencing business.
Status: in_force

Sec. 6822.

An insurance company organized or operating under this chapter shall not transact any business without a certificate of authority from the commissioner.

All such certificates of authority shall expire on the last day of June of each year and shall be renewed annually upon full compliance with the provisions of this chapter, and such certificates of authority shall be revocable by the commissioner for violation of any of the provisions of this chapter after due notice to the company and a hearing on the question of the violation.

An insurance company hereafter organized under this chapter shall not be granted a certificate of authority and shall not commence business until bona fide agreements have been entered into for insurance with at least 200 individuals covering property to be insured to the amount of not less than $500,000.00.

History: 1956, Act 218, Eff. Jan. 1, 1957; Am. 1994, Act 226, Imd. Eff. June 27, 1994