FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 400.722c — MI Code / Chapter 400 / Act Act-218-of-1979 / Section 400.722c
Summary suspension order for closure; departmental duties; temporary advisor.
Status: in_force

Sec. 22c.

When the department issues a summary suspension order for closure of an adult foster care facility, or when an adult foster care facility cannot provide adequate resident care, the department must do the following:

(a) Ensure that the department of health and human services has been notified to make arrangements for the orderly and safe discharge and transfer of the residents to another facility or appropriate setting.

(b) Determine whether a representative of the department must be placed in a facility on a daily basis to monitor the delivery of services during the discharge of residents to another facility or location.

(c) Determine if the appointment of a temporary administrative advisor or a temporary clinical advisor, or both, is necessary, with authority and duties specified by the department to assist the facility management and staff to oversee the orderly closure of the facility. The licensee must pay the expense of the person appointed.

History: Add. 2018, Act 557, Eff. Mar. 28, 2019
Mich. Comp. Laws § 457.472 — MI Code / Chapter 457 / Act Act-120-of-1891 / Section 457.472
Great hive of ladies of Maccabees as body corporate and politic; power and authority; evidence of existence and incorporation.
Status: in_force

Sec. 2.

When all of the foregoing requirements are complied with the great hive of the Ladies of the Maccabees of the state of Michigan, shall be a body corporate and politic, by the name expressed in such article of association and by that name shall be in law capable of suing, and being sued, in all the courts of this state, with full power and authority to transact the business of said association, pursuant to the constitution, laws and by-laws thereof, and said articles of association or a copy thereof, duly attested by the corporation and securities bureau of the department of commerce, under the seal thereof, shall be prima facie evidence in all the courts of this state, of the existence and incorporation of said great hive of the Ladies of the Maccabees.

History: 1891, Act 120, Imd. Eff. June 5, 1891; CL 1897, 8035; CL 1915, 10507; CL 1929, 10712; CL 1948, 457.472; Am. 1982, Act 84, Imd. Eff. Apr. 19, 1982
Mich. Comp. Laws § 380.1230f — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1230f
Fingerprints submitted under MCL 380.1230a and 380.1230g; maintenance in AFIS database.
Status: in_force

Sec. 1230f.

The department of information technology shall work with the department of state police to establish a system for the department of state police to save and maintain in its automated fingerprint identification system (AFIS) database all fingerprints that are submitted to the department of state police under sections 1230a and 1230g. If a criminal arrest fingerprint card is subsequently submitted to the department of state police and matches against a fingerprint that was submitted under section 1230a or 1230g and stored in the AFIS database, the department of state police shall notify the department.

History: Add. 2005, Act 130, Eff. Jan. 1, 2006
Mich. Comp. Laws § 700.7821 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.7821
Distribution upon termination.
Status: in_force

Sec. 7821.

(1) Upon termination or partial termination of a trust, the trustee may send to the trust beneficiaries a proposal for distribution. The right of any trust beneficiary to object to the proposed distribution terminates if the trust beneficiary does not notify the trustee of an objection within 28 days after the proposal was sent, but only if the proposal informed the trust beneficiary of the right to object and of the time allowed for objection.

(2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, taxes, and expenses, including attorney fees and other expenses incidental to the allowance of the trustee's accounts.

(3) A release by a trust beneficiary of a trustee from liability for breach of trust is invalid to the extent either of the following applies:

(a) The release was induced by improper conduct of the trustee.

(b) The trust beneficiary, at the time of the release, did not know of the material facts relating to the breach.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010; Am. 2010, Act 325, Eff. Apr. 1, 2010
Mich. Comp. Laws § 280.525 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.525
Special assessment roll; preparation; estimated or actual costs; annual installments; interest; advance payment; spreading levy on county tax roll; altering or supplementing proceedings.
Status: in_force

Sec. 525.

After the confirmation of the apportionments by the drainage board, the secretary of the board shall prepare a special assessment roll assessing the estimated cost of the drain, or if the actual cost has been ascertained, then the actual cost, against the several public corporations in accordance with the confirmed apportionments. The drainage board may provide for the payment of the special assessments in any number of annual installments, not exceeding 30, but an installment shall not be less than 1/4 of any subsequent installment. Installments of assessments against the state and against public corporations which collect their taxes beginning approximately December 1 in each year shall become due and payable on or before April 1 of each year. Installments of assessments against other public corporations shall become due and payable on or before the dates as shall be fixed by the drainage board, depending upon the times of the collection of taxes by the public corporations. The drainage board shall fix the commencement date of interest to be paid upon unpaid installments, not to exceed an amount sufficient to pay interest on bonds or other evidences of indebtedness issued or to be issued by the drainage district, which interest shall become due annually on the day and month upon which the annual installments become due but may become due in years before the due date of the first installment. The drainage board may provide for the payment of installments in advance of their respective due dates and may prescribe the terms and conditions of payment. The drainage board shall fix the date, not later than 4 years after confirmation for the payment of the first installment so that each public corporation can make a tax levy for the payment thereof and subsequent installments shall become due annually on the same day and month of subsequent years. A city or village may elect to spread the tax levy upon the county tax roll instead of the city or village tax roll. When chapter 25 is employed in the apportionment of costs, the above proceedings shall be altered and supplemented as provided in chapter 25.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956; Am. 1957, Act 37, Imd. Eff. May 14, 1957; Am. 1963, Act 215, Imd. Eff. May 17, 1963; Am. 1973, Act 208, Imd. Eff. Jan. 11, 1974; Am. 1976, Act 5, Imd. Eff. Feb. 10, 1976
Mich. Comp. Laws § 500.5424 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.5424
Directors and officers; number; election.
Status: in_force

Sec. 5424.

The management of the business and affairs of such an insurer shall be vested in a board of directors. Every such insurer shall have not less than 5 nor more than 17 directors, and such officers as shall be provided for in the articles of incorporation or in the bylaws. The directors shall be elected at the annual meetings of the members but any time after the first annual meeting the directors may be divided into 3 groups as nearly equal as possible and thereafter 1 group only elected in a manner to be provided by the bylaws.

History: 1956, Act 218, Eff. Jan. 1, 1957; Am. 1959, Act 28, Eff. Mar. 19, 1960
Mich. Comp. Laws § 211.1075 — MI Code / Chapter 211 / Act Act-93-of-2014 / Section 211.1075
Alternative state essential services assessment; levy beginning January 1, 2016; calculation.
Status: in_force

Sec. 5.

(1) Beginning January 1, 2016, the alternative state essential services assessment is levied on all eligible personal property as provided in this section.

(2) The assessment under this section is a state tax on the eligible personal property owned by, leased to, or in the possession of an eligible claimant on December 31 of the year immediately preceding the assessment year and shall be calculated as follows:

(a) For eligible personal property acquired by the first owner in a year 1 to 5 years before the assessment year, multiply the acquisition cost of the eligible personal property by 50% of the mills levied under section 5(2)(a) of the state essential services assessment act, 2014 PA 92, MCL 211.1055.

(b) For eligible personal property acquired by the first owner in a year 6 to 10 years before the assessment year, multiply the acquisition cost of the eligible personal property by 50% of the mills levied under section 5(2)(b) of the state essential services assessment act, 2014 PA 92, MCL 211.1055.

(c) For eligible personal property acquired by the first owner in a year more than 10 years before the assessment year, multiply the acquisition cost of the eligible personal property by 50% of the mills levied under section 5(2)(c) of the state essential services assessment act, 2014 PA 92, MCL 211.1055.

History: 2014, Act 93, Eff. Aug. 22, 2014; Am. 2015, Act 121, Imd. Eff. July 10, 2015
Mich. Comp. Laws § 28.413 — MI Code / Chapter 28 / Act Act-294-of-1945 / Section 28.413
Motor vehicles excepted from act.
Status: in_force

Sec. 3.

The provisions of this act shall not cover or apply to stolen and recovered motor vehicles.

History: 1945, Act 294, Eff. Sept. 6, 1945; CL 1948, 28.413
Mich. Comp. Laws § 440.2612 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2612
Installment contract; breach.
Status: in_force

Sec. 2612.

An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.

The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.

Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 125.1576 — MI Code / Chapter 125 / Act Act-198-of-1984 / Section 125.1576
Feasibility study; factors; notice of decision; reapplication or designation.
Status: in_force

Sec. 6.

After filing a petition pursuant to section 5, the community board, in cooperation with the department, shall conduct and complete within 180 calendar days an in-depth center feasibility study. The study shall include, but not be limited to, all of the following factors:

Necessary lease, purchase, renovation, or construction costs.

Estimated rental costs for lessees of the center.

Estimated utility costs.

Estimated wage or salary rates of future employees of the center, including a building manager, receptionist, typist, and security guard.

Estimated income for the center, including the estimated annual local subsidies and state appropriation, and, if necessary, the cost of financing.

Prospects of attracting suitable businesses to the center.

The ability of the community to provide necessary support for the center, including but not limited to, technical assistance and training, assistance in attracting employees, assistance in relocating a business, assistance in business start-up, and library facilities.

Within 30 calendar days after completion of the feasibility study, the department, based upon the study and the criteria set forth in section 3, shall notify the board of its decision. If the department does not designate the building as a business incubation center, the department shall set forth the reasons for its decision in its notification letter to the board. A board receiving a negative response may reapply for designation of the building when circumstances which led to its initial rejection have been remedied.

History: 1984, Act 198, Imd. Eff. July 3, 1984
Mich. Comp. Laws § Article I § 11 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article I § 11
Searches and seizures.
Status: in_force

Sec. 11.

The person, houses, papers, possessions, electronic data, and electronic communications of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.

History: Const. 1963, Art. I, § 11, Eff. Jan. 1, 1964; Am. S.J.R. G, approved Nov. 3, 2020, Eff. Dec. 19, 2020
Mich. Comp. Laws § 440.2713 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2713
Nondelivery or repudiation; buyer's damages.
Status: in_force

Sec. 2713.

Subject to the provisions of this article with respect to proof of market price (section 2723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this article (section 2715), but less expenses saved in consequence of the seller's breach.

Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 324.4906 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.4906
State sewer construction fund; disbursements.
Status: in_force

Sec. 4906.

Disbursements from the state sewer construction fund shall be made by the director of the department of management and budget and the state treasurer in accordance with the accounting laws of the state only for the following purposes for which the bonds have been authorized:

Expense of issuing the bonds.

Grants to local agencies as provided in section 4905(2) and (3).

Before any disbursement from the fund, as provided in subsection (3), is made to a local agency for a grant for the construction of collecting sewers, the department shall certify to the director of the department of management and budget and the state treasurer the amount of the grant which the agency is eligible to receive under this part. The certificate shall include or have attached to it a certificate by the department, or by the department of public health when so requested by the department, of the necessity and sufficiency of the collecting sewers.

A disbursement from the fund to a local agency shall be made for projects on the priority list established under sections 4904 and 4912 upon certification to the director of the department of management and budget and the state treasurer by the department that the disbursement is due. A local agency may request and receive disbursement of the state grant in not more than 5 installments:

An installment of 50% of the reasonable cost for preparing completed final construction plans and specifications, but not to exceed the amount of the grant, for the collecting sewers which have been certified as eligible for a state grant, on issuance of a construction permit by the department of public health for the collecting sewers for which the construction plans and specifications have been prepared and on receipt of evidence satisfactory to the department of the local agency's ability and intent to finance the local share of the project cost. A disbursement shall not be made under this subsection to a local agency which has received federal or other state grants for the preparation of final plans and specifications.

An installment when not less than 25% of the cost of construction of the collecting sewers is completed.

An installment when not less than 50% of the cost of construction of the collecting sewers is completed.

An installment when not less than 75% of the cost of construction of the collecting sewers is completed.

A final installment of the unpaid balance of the grant based upon the actual cost of the collecting sewers when construction is completed.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 324.47307 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.47307
Setting of nets or hook lines prohibited; channel at mouth of stream or outlet of inland lake; fishing from docks; spearing through ice.
Status: in_force

Sec. 47307.

A person shall not set any net, set hook lines, or other device for the purpose of taking or catching fish within 160 rods on either side of the thread of the stream at the mouth of any river or outlet of an inland lake emptying into Lakes Superior, Michigan, Huron, or Erie, commonly known as the Great Lakes, or the bays of the Great Lakes, navigable for vessels drawing 10 feet or more, leaving an open channel of 1 mile in width for the free passage of fish, extending at right angles from the shoreline as near as may be, 2 miles from shore. However, within the next 1/2 mile on either side of any such rivers or outlets of inland lakes, nets, set hook lines, or other devices shall not be used for the purpose of taking fish that will extend a greater distance than 1 mile from shore. The purpose of the limitations in this section is to leave an open channel of 1 mile in width 1 mile out, and 2 miles in width for the second mile out, for the free passage of fish. No net or other device for taking fish shall be set or used within 40 rods on either side of the thread of the stream at the mouth of any other river or the outlet of any other inland lake leaving an open channel of 80 rods in width for the free passage of fish, extending at right angles with the shoreline as near as may be 2 miles out from shore. For the purpose of this section, the shore commences at the average low-water mark. If the location of the open channel or the average low-water mark is in dispute, this location shall be determined by the department. Except as provided in sections 47311 and 47313, a person may at all times catch any kind of fish in all of the waters named in this part, and from the docks, harbors of refuge, or breakwaters, with a hook and line except largemouth black bass, smallmouth black bass, bluegills, sunfish, brook or speckled trout, rainbow and steelhead trout, brown and Loch Leven trout, northern pike, pike-perch, perch, or muskellunge, which shall only be taken or possessed in the manner and at the time specified by the laws of this state protecting those fish. A person may also spear carp, suckers, mullet, redhorse, sheepshead, lake trout, herring, smelt, perch, pike-perch, northern pike, muskellunge, sturgeon, whitefish, ciscoes, pilot fish or menominee white fish, catfish, dogfish, and garpike through the ice in the connecting waters as defined in this part.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 32.1095 — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1095
Resisting apprehension, breaking arrest, or escaping from custody or confinement; punishment.
Status: in_force

Sec. 95.

A person subject to this code who resists apprehension, breaks arrest, or escapes from custody or confinement shall be punished as a court-martial directs.

History: 1980, Act 523, Eff. Mar. 31, 1981
Mich. Comp. Laws § 333.5101 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5101
Definitions and principles of construction.
Status: in_force

Sec. 5101.

(1) As used in this article:

(a) "Care" includes treatment, control, transportation, confinement, and isolation in a facility or other location.

(b) "Communicable disease" means an illness due to a specific infectious agent or its toxic products that results from transmission of that infectious agent or its products from a reservoir to a susceptible host, directly as from an infected individual or animal, or indirectly through the agency of an intermediate plant or animal host, vector, or the inanimate environment.

(c) "HIV" means human immunodeficiency virus.

(d) "HIV infection" or "HIV infected" means the status of an individual who is infected with HIV, as evidenced by any of the following:

( i ) An HIV test, or a combination of tests, that is considered a confirmatory diagnostic test according to prevailing medical technology and algorithms or guidance from the federal Centers for Disease Control and Prevention.

( ii ) An HIV test that is approved by the department.

(e) "Immunization" means the process of increasing an individual's immunity to a disease by use of a vaccine, antibody preparation, or other substance.

(f) "Infection" means the invasion of the body with microorganisms or parasites, whether or not the invasion results in detectable pathologic effects.

(g) "Serious communicable disease or infection" means a communicable disease or infection that is designated as serious by the department under this part. Serious communicable disease or infection includes, but is not limited to, HIV infection, acquired immunodeficiency syndrome, sexually transmitted infection, and tuberculosis.

(h) "Sexually transmitted infection" means syphilis, gonorrhea, chancroid, lymphogranuloma venereum, granuloma inguinale, and other sexually transmitted infections that the department may designate and require to be reported under section 5111.

(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1988, Act 491, Eff. Mar. 30, 1989; Am. 1994, Act 200, Imd. Eff. June 21, 1994; Am. 2010, Act 119, Imd. Eff. July 13, 2010; Am. 2016, Act 63, Eff. July 4, 2016; Am. 2018, Act 534, Eff. Mar. 28, 2019