FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 447.154 — MI Code / Chapter 447 / Act Act-157-of-1986 / Section 447.154
Board of directors; appointment, qualifications, and terms of members; vacancy; oath or affirmation; reimbursement for expenses; election of chairperson, vice-chairperson, secretary, and other officers; quorum; majority vote sufficient for action; vote necessary for bonds.
Status: in_force

Sec. 4.

The governing and administrative powers of the authority are vested in a board of directors consisting of 12 members. Three members shall be the director of the department of commerce, the director of the department of agriculture, and the state treasurer. The director of commerce, the director of the department of agriculture, and the state treasurer shall serve as full voting members of the board and may appoint a representative to serve as a voting member in their absence. Nine members shall be appointed by the governor with the advice and consent of the senate.

At least 6 of the members shall be from the private sector. An appointed member of the authority shall be a resident of this state. An appointment to fill a vacancy of an appointed member shall be made in the same manner as the original appointment. Of the 9 members appointed by the governor for a fixed term, 1 shall be appointed from 1 or more nominees of the speaker of the house of representatives and 1 shall be appointed from 1 or more nominees of the senate majority leader.

At least 1 of the appointed members of the board shall be a person of recognized ability and experience in each of the following areas:

Finance.

International trade.

Business management.

Economics.

Agriculture.

Of the original 9 appointed members, 3 members shall be appointed for terms expiring on the third Monday in June, 1986; 3 members shall be appointed for terms expiring on the third Monday in June, 1987; and 3 members shall be appointed for terms expiring on the third Monday in June, 1988. Their respective successors shall be appointed for terms of 3 years from the third Monday in June of the year of appointment. A member shall serve until his or her successor is appointed and qualified.

Before beginning his or her duties, a member of the board shall take and subscribe the constitutional oath of office. A record of each oath or affirmation shall be filed in the office of the secretary of state.

A member of the board is not entitled to compensation for services as a member, but may be reimbursed for all actual and necessary expenses incurred in connection with the performance of duties as a member.

The board annually shall elect 1 of its members as chairperson, 1 of its members as vice-chairperson, and 1 member as secretary. The board may elect other officers as it considers proper. Six members of the board constitute a quorum, and the affirmative vote of the majority of members present at a meeting of the board is necessary and sufficient for an action taken by the board. The affirmative votes of not less than 6 members are necessary for the approval of a resolution authorizing the issuance of bonds under this act.

History: 1986, Act 157, Imd. Eff. July 7, 1986; Am. 1990, Act 304, Imd. Eff. Dec. 14, 1990
Mich. Comp. Laws § 324.101 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.101
Short title.
Status: in_force

Sec. 101.

This act shall be known and may be cited as the "natural resources and environmental protection act".

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 324.8308a — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.8308a
Access to markets for pesticides; certificate of free sale; application; fees; "certificate of free sale" defined.
Status: in_force

Sec. 8308a.

(1) To facilitate continued access to markets for pesticides, the department may do 1 or both of the following:

(a) At the request of a registrant or based upon records voluntarily supplied by a registrant, inspect, audit, or certify locations where pesticides are manufactured in this state.

(b) Issue certificates of free sale under subsection (3).

(2) A registrant shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.

(3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this part and the rules promulgated under this part, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this part or the rules promulgated under this part, the department shall deny the application and send written notice to the registrant stating the reasons for the denial.

(4) If a certificate of free sale is issued under subsection (3), the registrant shall pay the department the following fees, as applicable:

(a) An application fee, $60.00.

(b) A duplicate copy of a certificate of free sale, $10.00.

(5) A fee collected under subsection (4) must be deposited in the agriculture licensing and inspections fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209.

(6) A certificate of free sale issued under this section is valid for 1 year.

(7) As used in this section, "certificate of free sale" means a document that is issued by the department that verifies that the pesticide listed is registered with the department and is legally sold or distributed in this state and on the open market with the approval of the department.

History: Add. 2022, Act 124, Imd. Eff. June 29, 2022
Mich. Comp. Laws § 433.58 — MI Code / Chapter 433 / Act Act-248-of-1879 / Section 433.58
Replevin.
Status: in_force

Sec. 8.

The provisions of this act shall not be construed to deprive the party claiming the ownership of said property from bringing his action in replevin for the recovery of the same in case the same has been unlawfully seized.

History: 1879, Act 248, Eff. Aug. 30, 1879; How. 3075; CL 1897, 5620; CL 1915, 7300; CL 1929, 9054; CL 1948, 433.58
Mich. Comp. Laws § 333.17757b — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17757b
Contracts with pharmacy benefit managers; prohibited terms.
Status: in_force

Sec. 17757b.

(1) A pharmacy or pharmacist engaged in the business of selling drugs shall not enter into a contract with a pharmacy benefit manager that violates section 26 of the third party administrator act, 1984 PA 218, MCL 550.926, or that prevents or interferes with in any manner a patient's choice to receive an eligible prescription drug from a 340b entity or a pharmacy when dispensing a 340b drug.

(2) As used in this section:

(a) "340b drug" means a covered drug as that term is defined in 42 USC 256b.

(b) "340b entity" means a covered entity as that term is defined in 42 USC 256b.

(c) "Pharmacy benefit manager" means that term as defined in section 2 of the third party administrator act, 1984 PA 218, MCL 550.902.

History: Add. 2022, Act 13, Imd. Eff. Feb. 23, 2022
Mich. Comp. Laws § 333.5658 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5658
Prescription of controlled substance; immunity from administrative and civil liability.
Status: in_force

Sec. 5658.

A physician who, as part of a medical treatment plan for a patient with reduced life expectancy due to advanced illness, prescribes for that patient a controlled substance that is included in schedules 2 to 5 under part 72 and that is a narcotic drug is immune from administrative and civil liability based on prescribing the controlled substance if the prescription is given in good faith and with the intention to treat a patient with reduced life expectancy due to advanced illness or alleviate the patient's pain, or both, and all of the following are met:

The prescription is for a legitimate legal and professionally recognized therapeutic purpose.

Prescribing the controlled substance is within the scope of practice of the physician.

The physician holds a valid license under article 7 to prescribe controlled substances.

History: Add. 1996, Act 594, Eff. Mar. 31, 1997; Am. 2001, Act 237, Eff. Jan. 8, 2002
Mich. Comp. Laws § 600.5779 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.5779
Payment of rent and other charges during pendency of action.
Status: in_force

Sec. 5779.

In every action to terminate a tenancy in a mobile home park for just cause, the tenant shall continue to pay all rent and other charges to the owner or operator when due following the demand for possession of the premises and during the pendency of the action, and the owner or operator may accept all such payments of rent and other charges without prejudice to the action to evict the tenant for just cause. If such a payment is not timely paid, the owner or operator may proceed under section 5714(1)(a) without prejudice to the maintenance of the just cause termination action.

History: Add. 1988, Act 336, Eff. May 1, 1989
Mich. Comp. Laws § 486.214 — MI Code / Chapter 486 / Act Act-283-of-1905 / Section 486.214
Realty; purchase, holding, disposal; personal property, disposal.
Status: in_force

Sec. 14.

Each and every corporation formed under this act shall have authority to purchase and hold land in amount not to exceed 3,000 acres adjacent to or within convenient distance of any canal, stream or dam, constructed under the provisions of this act, for the purpose of platting and selling the same to manufacturers, their operatives or to other persons, and shall have the authority to lease, mortgage, sell, or otherwise dispose of real or personal property.

History: 1905, Act 283, Eff. Sept. 16, 1905; CL 1915, 8933; CL 1929, 11868; CL 1948, 486.214
Mich. Comp. Laws § 38.1002 — MI Code / Chapter 38 / Act Act-261-of-1957 / Section 38.1002
Michigan legislative retirement system; name.
Status: in_force

Sec. 2.

The retirement system created by section 1 shall be known as the "Michigan legislative retirement system" and all affairs and business of the system shall be transacted in such name.

History: 1957, Act 261, Eff. Sept. 27, 1957
Mich. Comp. Laws § 129.124 — MI Code / Chapter 129 / Act Act-56-of-1962 / Section 129.124
Public bonds and interest coupons; certificate of cremation, contents, filing.
Status: in_force

Sec. 4.

Where obligations and interest coupons are cremated by a public corporation, it shall be done in the presence of the official of the public corporation having custody of the financial records of the public corporation, or a representative designated by such official, and in the presence of 2 additional persons designated by the governing body of the public corporation. Where the obligations and interest coupons are cremated by a paying agent, it shall be done in the presence of at least 2 authorized officers or employees of the paying agent. Within 24 hours after the cremation of any obligations or interest coupons, a certificate of cremation shall be prepared and executed by an officer of the paying agent and the persons in whose presence the obligations or interest coupons were cremated. The certificate shall show the name of the public corporation, the designation or title of the obligations cremated, which in the case of interest coupons shall include the title or designation of the obligations to which they pertain, the aggregate principal amount of obligations cremated, the maturity date of the obligations and interest coupons cremated, the date of the obligations cremated, the denomination of each of the obligations cremated, the number of each of the obligations cremated, the name of the printer of the obligations or interest coupons cremated, and where interest coupons are cremated, the quantity of coupons cremated for each coupon maturity date and the face value of each of the coupons cremated. A copy of the cremation certificate shall be filed within 30 days of its execution with the officer of the public corporation having custody of the financial records of the public corporation and the municipal finance commission or such other agency or body as may hereafter have power over the issuance of obligations by public corporations.

History: 1962, Act 56, Eff. Mar. 28, 1963
Mich. Comp. Laws § 770.12 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 770.12
Appeal by people; right of defendant to bail upon appeal; provisions governing section.
Status: in_force

Sec. 12.

Except as provided in subsection (2), the people of this state may take an appeal of right in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from either of the following:

A final judgment or final order of the circuit court or recorder's court, except a judgment or order of the circuit court or recorder's court on appeal from any other court.

A final judgment or order of a court or tribunal from which appeal of right has been established by law.

The people of this state may take an appeal by leave in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from any of the following:

A judgment or order of the circuit court or recorder's court that is not a final judgment appealable of right.

A final judgment entered by the circuit court or the recorder's court on appeal from any other court.

Any other judgment or order appealable by law or rule.

A judgment or order when an appeal of right could have been taken but was not timely filed.

A final order or judgment based upon a defendant's plea of guilty or nolo contendere.

The right of the defendant to bail upon appeal under this section shall be governed by section 9a of this chapter and section 7 of chapter V.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17366; Am. 1941, Act 132, Eff. Jan. 10, 1942; CL 1948, 770.12; Am. 1977, Act 34, Eff. Mar. 30, 1978; Am. 1988, Act 66, Eff. Mar. 30, 1988; Am. 1994, Act 374, Imd. Eff. Dec. 27, 1994
Mich. Comp. Laws § 324.62512 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.62512
Hearing; notice of time, place, and issues; service in form of notice by registered mail; responsibility for publication of notice and payment.
Status: in_force

Sec. 62512.

The jurisdictional requirement of notice of time, place, and issues involved in a hearing required by this part shall be given in the manner prescribed by the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws, and by publication once each week for 2 weeks consecutively in a newspaper of general circulation in the area where a specific matter of concern is located, with the last date of publication at least 3 days before the date set for hearing.

If a list of interested persons is a part of the petition for hearing, or if the name of an interested person is on record with the supervisor of mineral wells, service in the form of notice by registered mail shall be made by the petitioner to the interested person.

The publishing of a notice of hearing and payment for the publishing are the responsibility of the petitioner. The supervisor of mineral wells is responsible for the publishing and payment for the publishing on a hearing initiated by the supervisor of mineral wells.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 432.315a — MI Code / Chapter 432 / Act Act-152-of-2019 / Section 432.315a
Allocation of certain payments.
Status: in_force

Sec. 15a.

Any payments under section 7(1)(f) must be allocated as follows:

(a) Twenty percent to the governing body of the jurisdiction where the internet gaming operator's casino is located for its use in connection with the provision of governmental services.

(b) Seventy percent to this state to be deposited in the fund.

(c) Ten percent to the Michigan strategic fund created under section 5 of the Michigan strategic fund act, 1984 PA 270, MCL 125.2005.

History: 2019, Act 152, Imd. Eff. Dec. 20, 2019
Mich. Comp. Laws § 700.2908 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.2908
Disposition of disclaimed joint interest, trust interest, and fiduciary power.
Status: in_force

Sec. 2908.

(1) If a disclaimed interest arises out of joint property created by a governing instrument, testamentary or nontestamentary, the following apply:

(a) If the disclaimant is the only living owner, the disclaimed interest devolves to the estate of the last to die of the other joint owners.

(b) If the disclaimant is not the only living owner, the disclaimed interest devolves to the other living joint owners equally or, if there is only 1 living owner, all to the other living owner.

(2) If the donee of a power of appointment or other power not held in a fiduciary capacity disclaims the power, all of the following apply:

(a) If the donee has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes effective.

(b) If the donee has exercised the power, the disclaimer takes effect immediately after the last exercise of the power.

(c) The instrument creating the power is construed as if the power expired when the disclaimer became effective.

(3) If all incumbent trustees disclaim a disclaimable interest, and the governing instrument does not provide for another disposition of the disclaimed interest if it is disclaimed or for another disposition of disclaimed or failed interests in general, then the disclaimed interest devolves as if the trust with respect to which the disclaimer was made never existed. If less than all incumbent trustees disclaim a disclaimable interest and the governing instrument does not provide for another disposition of the disclaimed interest under those circumstances, then the trustee who disclaims is treated as never having had any interest in or power over the disclaimed interest.

(4) If a fiduciary disclaims a fiduciary power, the fiduciary power ceases to exist as of the effective date of the disclaimer. A disclaimer of a fiduciary power by 1 of multiple incumbent fiduciaries is binding only on the fiduciary who disclaims and is not binding on the other incumbent fiduciaries or on successor fiduciaries. A disclaimer of a fiduciary power by all incumbent fiduciaries is binding on all successor fiduciaries, unless the disclaimer states otherwise.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005
Mich. Comp. Laws § 141.1406 — MI Code / Chapter 141 / Act Act-203-of-1999 / Section 141.1406
Board of directors; discharge of duties; actions; meetings; compensation.
Status: in_force

Sec. 6.

Members of a board and officers and employees of the authority are subject to 1968 PA 317, MCL 15.321 to 15.330. A member of the board or an officer, employee, or agent of the authority shall discharge the duties of his or her position in a nonpartisan manner, in good faith, and with the degree of diligence, care, and skill that an ordinarily prudent person would exercise under similar circumstances in a like position. In discharging his or her duties, a member of the board or an officer, employee, or agent of the authority, when acting in good faith, may rely upon any of the following:

The opinion of counsel for the authority.

The report of an independent appraiser selected by the board.

Financial statements of the authority represented to the member of the board, officer, employee, or agent to be correct by the officer of the authority having charge of its books of account or stated in a written report by the state auditor general or a certified public accountant, or a firm of certified accountants, to reflect the financial condition of the authority.

A board shall organize and make its own policies and procedures and shall adopt bylaws governing its operations. A majority of the members of a board constitutes a quorum for transaction of business, notwithstanding the existence of 1 or more vacancies on the board. Except as otherwise provided in this act, actions taken by the board shall be by a majority vote of the members present in person at a meeting of the board or, if authorized by the bylaws, by the use of amplified telephonic or video conferencing equipment. The authority shall meet at the call of the chairperson and as may be provided in the bylaws.

Members of a board shall serve without compensation for their membership on the board, but members of the board may receive reasonable reimbursement for necessary travel and expenses.

History: 1999, Act 203, Imd. Eff. Dec. 21, 1999
Mich. Comp. Laws § 791.240 — MI Code / Chapter 791 / Act Act-232-of-1953 / Section 791.240
Prisoner convicted of violent felony; placement on parole; special provisions; history of substance abuse; report; definitions.
Status: in_force

Sec. 40.

(1) If a prisoner serving a sentence for conviction of a violent felony is placed on parole, both of the following special provisions apply:

(a) The supervising parole agent shall make a home call within the first 45 days after the prisoner is placed on parole.

(b) The supervising parole agent shall do a LEIN check not less than quarterly for that parolee and not later than 1 month before a parolee is discharged from parole.

(2) If a prisoner who has a history of substance abuse is placed on parole and is assigned to intensive, maximum, or medium parole supervision, the department shall require as a condition of parole that the parolee submit to substance abuse testing at least twice each month.

(3) The department shall report to the legislature on a quarterly basis both of the following:

(a) The number of parolees who are absconders.

(b) The number of parolees who have been absconders for more than 3 months.

(4) As used in this section:

(a) "LEIN" means the law enforcement information network regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(b) "Substance abuse" means the taking of alcohol or other drugs at dosages that place an individual's social, economic, psychological, and physical welfare in potential hazard or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare, or a combination thereof.

(c) "Violent felony" means that term as defined in section 36.

History: Add. 2006, Act 487, Eff. Jan. 1, 2007; Am. 2018, Act 295, Eff. Sept. 27, 2018
Mich. Comp. Laws § 399.505 — MI Code / Chapter 399 / Act Act-325-of-1990 / Section 399.505
Powers and duties of department relative to railroad history museum.
Status: in_force

Sec. 205.

With respect to the railroad history museum and in addition to its other powers and duties, the department may do any of the following:

Act to preserve documents, artifacts, engines, rolling stock, and related items of historical interest connected with railroading in Michigan.

Accept on behalf of the state grants and donations of money, real property, historical artifacts, and other personal property related to the themes of the railroad history museum. Donations of money made under this subdivision shall be credited to the railroad history museum trust fund.

Purchase historical artifacts related to the themes of the railroad history museum within the limits of the funds available.

History: 1990, Act 325, Imd. Eff. Dec. 21, 1990