FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 700.3915 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3915
Distribution to trustee.
Status: in_force

Sec. 3915.

(1) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in section 7814.

(2) If the terms of the trust do not excuse the trustee from giving bond, or if the trustee is not a financial institution qualified to do trust business in this state, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative reasonably believes that a bond is needed to protect the interests of the beneficiaries. A personal representative may withhold distribution until the court acts on the petition.

(3) An inference of negligence on the personal representative's part shall not be drawn from failure to exercise the authority conferred by subsections (1) and (2).

(4) If it becomes necessary or convenient in the settlement or distribution of a decedent's estate to appoint a trustee to take charge of or invest and distribute a portion of the estate, the court may appoint a trustee upon the request of the personal representative or another interested person.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2009, Act 46, Eff. Apr. 1, 2010
Mich. Comp. Laws § 141.2101 — MI Code / Chapter 141 / Act Act-34-of-2001 / Section 141.2101
Short title.
Status: in_force

Sec. 101.

This act shall be known and may be cited as the "revised municipal finance act".

History: 2001, Act 34, Eff. Mar. 1, 2002
Mich. Comp. Laws § 324.80105 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.80105
Application of part.
Status: in_force

Sec. 80105.

This part applies to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this state.

This part, except where expressly indicated otherwise, does not apply to any of the following:

Foreign vessels temporarily using waters subject to state jurisdiction.

Military or public vessels of the United States, except recreational-type public vessels.

A vessel whose owner is a state or political subdivision of a state, other than this state and its political subdivisions, that is used principally for governmental purposes and that is clearly identifiable as such.

A ship's lifeboat.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 15.584 — MI Code / Chapter 15 / Act Act-297-of-2011 / Section 15.584
Collective bargaining agreement or other contract; effect.
Status: in_force

Sec. 4.

If a collective bargaining agreement or other contract that is inconsistent with section 3 is in effect for a public employee on the effective date of this act, section 3 does not apply to that group of employees until the collective bargaining agreement or other contract expires or is amended, extended, or renewed.

History: 2011, Act 297, Imd. Eff. Dec. 22, 2011
Mich. Comp. Laws § 287.1119 — MI Code / Chapter 287 / Act Act-274-of-2000 / Section 287.1119
Motion by owner for return of large carnivore; hearing; establishment of probable cause; burden of proof; admissibility of testimony in criminal prosecution.
Status: in_force

Sec. 19.

The owner of a large carnivore may file a motion with the court having jurisdiction to return the large carnivore on the grounds that the large carnivore was illegally seized or that the large carnivore is not subject to forfeiture under this act. The court shall hear the motion within 30 days after the motion is filed.

At the hearing on the motion filed under subsection (1), the attorney general, or the attorney for the local unit in which the large carnivore was seized, shall establish probable cause to believe that the large carnivore is subject to forfeiture under this act and, if the owner claims the large carnivore was illegally seized, that the large carnivore was properly seized.

If the attorney general or the attorney for the local unit in which the large carnivore was seized fails to sustain his or her burden of proof under subsection (2), the court shall order the return of the large carnivore.

The testimony of a person at a hearing held under this section is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this section does not waive the person's constitutional right against self-incrimination.

History: 2000, Act 274, Imd. Eff. July 7, 2000
Mich. Comp. Laws § 454.158 — MI Code / Chapter 454 / Act Act-145-of-1885 / Section 454.158
Trade promotion societies; existing societies, constitution or articles in lieu of articles of incorporation.
Status: in_force

Sec. 8.

The constitution or articles of association of the society, union, or association referred to in the preceding section of this act when filed as therein provided, shall stand in lieu of the articles of incorporation required to be executed under this act and such constitution or articles of association may provide for the election of the trustees and other officers required by this act, naming the officers to act as the first incumbents: Provided; That nothing in this section contained shall be construed so as to legalize any provisions that may be contained in said constitution or articles of association, repugnant to the general laws of this state or to public justice.

History: 1885, Act 145, Eff. Sept. 19, 1885; How. 3934h; CL 1897, 7458; CL 1915, 9830; CL 1929, 10297; CL 1948, 454.158
Mich. Comp. Laws § 15.651 — MI Code / Chapter 15 / Act Act-427-of-2018 / Section 15.651
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "public employee fingerprint-based criminal history check act".

History: 2018, Act 427, Eff. Mar. 20, 2019
Mich. Comp. Laws § 767.68 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 767.68
Indictment; charge of jointly receiving or concealing stolen property; conviction of less than all indictees.
Status: in_force

Sec. 68.

If 2 or more persons are indicted for jointly receiving, buying or aiding in the concealment of any stolen property, and the evidence shall be that 1 or more persons separately, knowingly received, bought or aided in the concealment of any part of such property, the jury may convict upon such indictment those who are proved to have received, bought or aided in the concealment of any part of such property.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17282; CL 1948, 767.68
Mich. Comp. Laws § 460.5 — MI Code / Chapter 460 / Act Act-3-of-1939 / Section 460.5
Public service commission; books, records, files.
Status: in_force

Sec. 5.

All books, records, files, papers, documents, and other property belonging to the Michigan public utilities commission shall be forthwith turned over to the Michigan public service commission and shall be continued as a part of the records, files, and other property of said commission. The Michigan public service commission shall in all respects be considered to be the successor in office of the Michigan public utilities commission in respect to all of the powers or duties now vested in or imposed upon said public utilities commission. Any unexpended balance of moneys in the state treasury and any fees or other moneys now owing to said public utilities commission shall be and the same are hereby transferred and assigned over to the Michigan public service commission hereby created, to be used and disposed of as provided by law.

History: 1939, Act 3, Imd. Eff. Feb. 15, 1939; CL 1948, 460.5
Mich. Comp. Laws § 389.129 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.129
Public safety officers or police officers; jurisdiction.
Status: in_force

Sec. 129.

The jurisdiction of public safety officers or police officers granted powers and authority of peace or law enforcement officers under section 128 shall include all property owned or leased by the community college in this state and extends to the public right-of-way traversing or contiguous to that property.

The jurisdiction of public safety officers or police officers under subsection (1) is limited to the protection of persons and property on the property of that community college unless a response is made off campus at the specific request of another law enforcement agency or under a mutual aid agreement with another law enforcement agency.

History: Add. 1998, Act 51, Imd. Eff. Mar. 31, 1998; Am. 1998, Act 281, Imd. Eff. July 27, 1998
Mich. Comp. Laws § 440.2858 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2858
Lease agreement; modification or rescission; waiver; retraction.
Status: in_force

Sec. 2A208.

An agreement modifying a lease contract needs no consideration to be binding.

A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.

Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver.

A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.

History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Mich. Comp. Laws § 257.1710 — MI Code / Chapter 257 / Act Act-178-of-1981 / Section 257.1710
Racing event and other actions as violation of MCL 257.1 et seq. or MCL 247.171 et seq.
Status: in_force

Sec. 10.

A racing event held under this act and any action taken under sections 6 and 7 shall not be considered to be a violation of Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or Act No. 368 of the Public Acts of 1925, as amended, being sections 247.171 to 247.190 of the Michigan Compiled Laws.

History: 1981, Act 178, Imd. Eff. Dec. 14, 1981
Mich. Comp. Laws § 125.2205 — MI Code / Chapter 125 / Act Act-59-of-1986 / Section 125.2205
Ordinance or resolution establishing authority; filing; publication.
Status: in_force

Sec. 5.

After the public hearing, if the township board intends to proceed with the establishment of the authority, it shall adopt, by majority vote of its members, an ordinance or resolution establishing the authority. The ordinance or resolution shall promptly be filed with the secretary of state after its adoption and shall be published at least once in a newspaper of general circulation in the township.

History: 1986, Act 59, Imd. Eff. Mar. 26, 1986
Mich. Comp. Laws § 41.350p — MI Code / Chapter 41 / Act Act-107-of-1941 / Section 41.350p
Pledge of sales tax money by ordinance.
Status: in_force

Sec. 20p.

To secure repayment of a loan authorized by section 20m, the township board may pledge, by ordinance as provided in sections 20q to 20s, all or any specified portion of sales tax money to be received by the township under sections 8 and 10 of article IX of the state constitution of 1963 during the period the loan remains outstanding.

History: Add. 1989, Act 83, Imd. Eff. June 20, 1989
Mich. Comp. Laws § 550.1003 — MI Code / Chapter 550 / Act Act-252-of-1986 / Section 550.1003
Persons authorized to sell health benefits; packaging health benefits with insurance; notify agent of record; annual appointment fee; "agent of record" defined.
Status: in_force

Sec. 3.

(1) Health benefits may only be sold on behalf of a health benefit corporation by a health benefit agent.

(2) A health benefit agent may package health benefits with insurance the agent is authorized to sell. If an application for health benefits that is packaged with insurance is submitted by an agent to a health benefit corporation or to an affiliate of a health benefit corporation and the health benefit corporation or the affiliate of a health benefit corporation knows the agent of record for the group's current health benefits, the health benefit corporation or the affiliate of a health benefit corporation shall notify the agent of record of the application unless any of the following apply:

(a) The submitting agent is the agent of record.

(b) Both of the following apply:

( i ) The group authorizes changing the agent of record to the submitting agent.

( ii ) The agent of record is not employed by a health benefit corporation or an affiliate of a health benefit corporation.

(c) The group requests in writing that the agent of record not be notified.

(3) If the health benefit corporation or the affiliate of a health benefit corporation notifies the agent of record under subsection (2), the health benefit corporation or the affiliate of a health benefit corporation shall not process the application for 14 days after the notification is given unless either of the following applies:

(a) A shorter period of time is agreed to by the agent of record.

(b) The health benefit corporation or the affiliate of a health benefit corporation receives a written request from the group to proceed with consideration of the application.

(4) A health benefit corporation shall pay to the director of the department of insurance and financial services an annual appointment fee of $5.00 for each health benefit agent who is authorized to sell health benefits on behalf of the health benefit corporation.

(5) As used in this section, "agent of record" means a person that is a health benefit agent authorized to represent a subscriber to transact insurance, including the purchasing, servicing, and maintenance of health benefits and that is shown on the records of the health benefit corporation or the affiliate of a health benefit corporation as the agent to whom commission is to be paid.

History: 1986, Act 252, Eff. Mar. 31, 1987; Am. 2018, Act 430, Imd. Eff. Dec. 20, 2018
Mich. Comp. Laws § 322.261 — MI Code / Chapter 322 / Act Act-21-of-1873 / Section 322.261
Reserved or forfeited lands; restoration to market, public notice required.
Status: in_force

Sec. 1.

That all lands of this state, which have been withdrawn from market for any purpose, or withheld from sale or pre-emption, in consequence of errors in books, or in consequence of marking sales or reservations upon maps, and all lands which have reverted, or may hereafter revert, to the state by reason of a failure in any manner to make payment for the same, or by a failure to comply with the terms of any state road, railroad or other grant or contract of this state, to or with any person or corporation, or by reason of a failure to comply with the conditions of any license or homestead act, shall not be subject to private entry or purchase, either with cash or scrip, until public notice of the restoration of such lands to market shall have been given in the manner hereinafter prescribed.

History: 1873, Act 21, Imd. Eff. Feb. 28, 1873; How. 5249; CL 1897, 1311; CL 1915, 475; CL 1929, 5868; CL 1948, 322.261
Mich. Comp. Laws § 124.285 — MI Code / Chapter 124 / Act Act-233-of-1955 / Section 124.285
Acquiring and holding, managing, controlling, selling, exchanging, or leasing property for system or combination of systems; condemnation.
Status: in_force

Sec. 5.

The authority may acquire property for a sewage disposal system, a water supply system, a solid waste management system, or a combination of systems by purchase, construction, lease, gift, or devise, either within or without its corporate limits, and may hold, manage, control, sell, exchange, or lease the property. For the purpose of condemnation, the authority may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Michigan Compiled Laws, or any other statute which grants to any municipality or public body the authority to acquire private property for public use.

History: 1955, Act 233, Eff. Oct. 14, 1955; Am. 1981, Act 154, Imd. Eff. Nov. 19, 1981
Mich. Comp. Laws § 205.5 — MI Code / Chapter 205 / Act Act-122-of-1941 / Section 205.5
Brochure listing and explaining taxpayer's protections and recourses; communication concerning determination or collection of tax.
Status: in_force

Sec. 5.

The department shall prepare a brochure that lists and explains, in simple and nontechnical terms, a taxpayer's protections and recourses in regard to a departmental action administering or enforcing a tax statute, including at least all of the following:

A taxpayer's protections and the department's obligations during an audit.

Both the administrative and judicial procedures for appealing a departmental decision.

The procedures for claiming refunds and filing complaints.

The means by which the department may enforce a tax statute, including assessment, jeopardy assessment, and enforcement of a lien.

The department shall include the brochure prepared as required under subsection (1) with a communication to a taxpayer concerning the determination or collection of a tax administered under this act. The department may take the actions necessary to prevent sending multiple brochures to the same taxpayer.

History: Add. 1993, Act 13, Imd. Eff. Apr. 1, 1993
Mich. Comp. Laws § 440.2303 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2303
Allocation or division of risk or burden.
Status: in_force

Sec. 2303.

Where this article allocates a risk or a burden as between the parties "unless otherwise agreed", the agreement may not only shift the allocation but may also divide the risk or burden.

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 41.725 — MI Code / Chapter 41 / Act Act-188-of-1954 / Section 41.725
Approval or determination by township board; levy of special assessment.
Status: in_force

Sec. 5.

If, after the hearing provided for in section 4, the township board desires to proceed with the improvement, the township board shall approve or determine by resolution all of the following:

The completion of the improvement.

The plans and estimate of cost as originally presented or as revised, corrected, amended, or changed.

The sufficiency of the petition for the improvement if a petition is required. After this determination, the sufficiency of the petition is not subject to attack except in an action brought in a court of competent jurisdiction within 30 days after the adoption of the resolution determining the sufficiency of the petition.

The special assessment district including the term of the special assessment district's existence. If the nature of the improvement to be made is such that a periodic redetermination of cost will be necessary without a change in the special assessment district boundaries, the township board shall state that in the resolution and shall set the dates when the redeterminations shall be made. After finally determining the special assessment district, the township board shall direct the supervisor to make a special assessment roll in which are entered and described all the parcels of land to be assessed, with the names of the respective record owners of each parcel, if known, and the total amount to be assessed against each parcel of land, which amount shall be the relative portion of the whole sum to be levied against all parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit to all parcels of land in the special assessment district. When the supervisor completes the assessment roll, the supervisor shall affix to the roll his or her certificate stating that the roll was made pursuant to a resolution of the township board adopted on a specified date, and that in making the assessment roll the supervisor, according to his or her best judgment, has conformed in all respects to the directions contained in the resolution and the statutes of this state.

After December 31, 1998, an ad valorem special assessment levied under this act shall be levied on the taxable value of the property assessed.

If the levy of an ad valorem special assessment on the property's taxable value is found to be invalid by a court of competent jurisdiction, the levy of the ad valorem special assessment shall be levied on the property's state equalized value.

As used in this section and section 15b, "taxable value" means that value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.

History: 1954, Act 188, Imd. Eff. May 5, 1954; Am. 1974, Act 143, Imd. Eff. June 5, 1974; Am. 1986, Act 180, Imd. Eff. July 8, 1986; Am. 1998, Act 544, Imd. Eff. Jan. 20, 1999
Mich. Comp. Laws § 500.2220 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.2220
Life insurance; solicitor as agent of insurer.
Status: in_force

Sec. 2220.

Any person who shall solicit an application for insurance upon the life of another shall, in any controversy between the insured or his beneficiary and the insurer issuing any policy upon such application, be regarded as the agent of the insurer and not the agent of the insured.

History: 1956, Act 218, Eff. Jan. 1, 1957
Mich. Comp. Laws § 256.701 — MI Code / Chapter 256 / Act Act-384-of-2006 / Section 256.701
Reimbursement; disposition.
Status: in_force

Sec. 81.

In a court proceeding involving a violation of this act, the court may order the person found guilty of violating this act to reimburse the secretary of state for the reasonable costs of the secretary of state's investigation that resulted in the conviction in addition to any other civil or criminal penalties allowed by law. Any costs collected under this section shall be deposited into the driver education provider and instructor fund created under section 83.

History: 2006, Act 384, Eff. Oct. 1, 2006
Mich. Comp. Laws § 427.9 — MI Code / Chapter 427 / Act Act-188-of-1913 / Section 427.9
Hotel inspectors; appointment, deputies.
Status: in_force

Sec. 9.

Such commission shall delegate and confer the title of hotel inspector or deputy inspectors upon such men now operating under the supervision of the several departments constituting this commission, and in such number as the lawful enforcement of this act shall justify.

History: 1913, Act 188, Eff. Aug. 14, 1913; CL 1915, 6940; CL 1929, 8814; CL 1948, 427.9