FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.31303 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.31303
Request for surveys; involvement of other boards.
Status: in_force

Sec. 31303.

If it appears to the department, after a review of the request, that a feasible plan for the impoundment, utilization, and conservation of surplus water will involve the water in counties or local units other than those making the request, the department shall so inform the requestors. If the request was originally made by a local unit only, the board of the county in which the local unit is situated shall be informed of the decision of the department; and unless the board joins in the request and becomes an originator of the request, the department shall discontinue any further work on the survey. The requesting board may then request the other boards to join in the request so that a complete survey of the surplus water located in all affected counties may be made. Refusal on the part of any of the other boards to join in the request shall be reported to the department, and if the department believes that the plan can be effectuated without the cooperation of the refusing boards, the department shall enter a decision to that effect and the boards requesting the survey may proceed in accordance with this part.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 440.3413 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.3413
Draft; obligation to pay according to terms; amount.
Status: in_force

Sec. 3413.

The acceptor of a draft is obliged to pay the draft ( i ) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable "as originally drawn" or equivalent terms, ( ii ) if the acceptance varies the terms of the draft, according to the terms of the draft as varied, or ( iii ) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in sections 3115 and 3407. The obligation is owed to a person entitled to enforce the draft or to the drawer or an endorser who paid the draft under section 3414 or 3415.

If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If ( i ) the certification or acceptance does not state an amount, ( ii ) the amount of the instrument is subsequently raised, and ( iii ) the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1993, Act 130, Eff. Sept. 30, 1993
Mich. Comp. Laws § 493.9f — MI Code / Chapter 493 / Act Act-21-of-1939 / Section 493.9f
Violation as misdemeanor; penalty.
Status: in_force

Sec. 9f.

Any current or former executive officer, director, agent, or control person who violates a final order issued under section 9c is guilty of a misdemeanor punishable by a fine of not more than $5,000.00 or imprisonment for not more than 1 year, or both.

History: Add. 2002, Act 393, Imd. Eff. May 30, 2002
Mich. Comp. Laws § 388.1011 — MI Code / Chapter 388 / Act Act-287-of-1964 / Section 388.1011
State board of education; report to legislature; financial requirements of all public education.
Status: in_force

Sec. 11.

The state board of education shall report to the legislature at each regular session as to its operations and recommendations including an itemized statement of its receipts and expenditures for its preceding fiscal year, and advise as to the financial requirements of all public education, including higher education.

History: 1964, Act 287, Eff. Aug. 28, 1964
Mich. Comp. Laws § 445.964 — MI Code / Chapter 445 / Act Act-424-of-1984 / Section 445.964
Action for declaratory judgment or injunction; action for actual damages and attorneys' fees; class action for actual damages; order; appointment of receiver; sequestration of assets; cost of notice to class; effect of bona fide effort; limitations; defense or counterclaim.
Status: in_force

Sec. 14.

Whether or not a person seeks damages or has an adequate remedy at law, a person may bring an action to do either or both of the following:

Obtain a declaratory judgment that a method, act, or practice is unlawful under this act.

Enjoin in accordance with the principles of equity a person who is engaging or is about to engage in a method, act, or practice which is unlawful under this act.

Except in a class action, a person who suffers loss as a result of a violation of this act may bring an action to recover actual damages or $250.00, whichever is greater, together with reasonable attorneys' fees.

A person who suffers loss as a result of a violation of this act may bring a class action on behalf of persons residing or injured in this state for the actual damages caused by a method, act, or practice which is prohibited by this act.

On motion of a person and without bond in an action brought under subsection (3) the court may make an appropriate order: to reimburse persons who have suffered damages; to carry out a transaction in accordance with the aggrieved persons' reasonable expectations; to strike or limit the application of unconscionable clauses of contracts to avoid an unconscionable result; or to grant other appropriate relief. The court after a hearing may appoint a receiver or order sequestration of the defendant's assets if it appears to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his or her assets to the detriment of members of the class.

If at any stage of proceedings brought under subsection (3) the court requires that notice be sent to the class, a person may petition the court to require the defendant to bear the cost of notice. In determining whether to impose the cost on the defendant or the plaintiff, the court shall consider the probability that the person will succeed on the merits of his or her action.

If the defendant shows by a preponderance of the evidence that a violation of this act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, the amount of recovery shall be limited to actual damages.

An action under this section shall not be brought more than 6 years after the occurrence of the method, act, or practice which is the subject of the action nor more than 1 year after the last payment in a transaction involving the method, act, or practice which is the subject of the action, whichever period of time ends at a later date. However, when a person commences an action against another person, the defendant may assert, as a defense or counterclaim, any claim under this act arising out of the transaction on which the action is brought.

History: 1984, Act 424, Eff. Mar. 29, 1985
Mich. Comp. Laws § 257.24 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.24
“Laned roadway” defined.
Status: in_force

Sec. 24.

"Laned roadway" means a roadway which is divided into 2 or more clearly marked lanes for vehicular traffic.

History: 1949, Act 300, Eff. Sept. 23, 1949
Mich. Comp. Laws § 801.4 — MI Code / Chapter 801 / Act R-S-of-1846 / Section 801.4
Safekeeping and maintaining prisoners and persons charged with offense; charges and expenses; payment; medical care or treatment.
Status: in_force

Sec. 4.

(1) Except as provided in subsection (2) and sections 5 and 5a, all charges and expenses of safekeeping and maintaining prisoners and persons charged with an offense, shall be paid from the county treasury, the accounts therefor being first settled and allowed by the county board of commissioners.

(2) If medical care or treatment is provided to an individual described in subsection (1), the health care provider shall make a reasonable effort to determine whether that individual is covered by a health care policy, a certificate of insurance, or other source for the payment of medical expenses. If the county sheriff who has custody over the individual is aware that the individual is covered by any health care policy, certificate of insurance, or other source of payment, the sheriff shall provide that information to the health care provider. If the health care provider determines that the individual, at the time of admission or treatment, is a medicaid recipient or a beneficiary of any health care policy, certificate of insurance, or other source for the payment of some or all of those expenses, the health care provider shall first seek reimbursement from that source, subject to the terms and conditions of the applicable health care policy, certificate of insurance, or medicaid contract, before submitting those expenses to the county. When submitting an invoice to the county for the payment of medical expenses under this section, a health care provider shall provide a statement that the health care provider has made a reasonable effort to determine whether the individual was covered by a health care policy, certificate of insurance, or other source for the payment of medical expenses. A county may enter into agreements with health care providers to establish procedures for the submission of invoices for medical expenses under this section and the payment of those invoices.

History: R.S. 1846, Ch. 171; CL 1857, 6132; CL 1871, 8021; How. 9637; CL 1897, 2653; CL 1915, 2525; CL 1929, 17671; CL 1948, 801.4; Am. 1982, Act 16, Imd. Eff. Feb. 25, 1982; Am. 1984, Act 119, Imd. Eff. June 1, 1984; Am. 2006, Act 20, Imd. Eff. Feb. 9, 2006
Mich. Comp. Laws § 500.4242 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.4242
Limitation of liability; aviation, military or naval service.
Status: in_force

Sec. 4242.

Nothing contained in this chapter shall be construed as prohibiting a life insurance company from placing in its industrial life insurance policies provisions limiting its liability with respect to (1) death resulting from aviation other than as a fare-paying passenger on a regularly scheduled route between definitely established airports, (2) military or naval service: Provided, That if the liability of the company is limited as herein provided, the liability shall in no event be fixed at an amount less than the reserve on the policy (including the reserve for any dividend additions thereto and excluding the reserve for any additional benefits in the event of death by accident or accidental means or for benefits in the event of any type of disability), less any indebtedness on or secured by such policy.

Nothing contained herein shall apply to any provision in an industrial life insurance policy for additional benefits in the event of death by accident or accidental means.

History: 1956, Act 218, Eff. Jan. 1, 1957
Mich. Comp. Laws § 445.72b — MI Code / Chapter 445 / Act Act-452-of-2004 / Section 445.72b
Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy.
Status: in_force

Sec. 12b.

(1) A person shall not distribute an advertisement or make any other solicitation that misrepresents to the recipient that a security breach has occurred that may affect the recipient.

(2) A person shall not distribute an advertisement or make any other solicitation that is substantially similar to a notice required under section 12(5) or by federal law, if the form of that notice is prescribed by state or federal law, rule, or regulation.

(3) A person who knowingly or intentionally violates this section is guilty of a misdemeanor punishable as follows:

(a) Except as otherwise provided in subdivisions (b) and (c), by imprisonment for not more than 93 days or a fine of not more than $1,000.00 for each violation, or both.

(b) For a second violation, by imprisonment for not more than 93 days or a fine of not more than $2,000.00 for each violation, or both.

(c) For a third or subsequent violation, by imprisonment for not more than 93 days or a fine of not more than $3,000.00 for each violation, or both.

(4) Subsection (3) does not affect the availability of any civil remedy for a violation of this section or any other state or federal law.

History: Add. 2006, Act 566, Eff. July 2, 2007; Am. 2010, Act 315, Eff. Apr. 1, 2011
Mich. Comp. Laws § 18.1267 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1267
Personal property of state agencies; directives for disclosure, transfer, and disposal; sale at fair market value; payment of costs or assessment of handling fee; sale of surplus snow removal equipment or surplus road construction or maintenance equipment; "local road agencies" defined.
Status: in_force

Sec. 267.

(1) The department shall issue directives to provide for the disclosure, transfer, and disposal of surplus personal property of state agencies. Except as otherwise provided in subsection (4), the department may dispose of surplus personal property by donating the surplus personal property to a nonprofit entity, or selling it to a unit of local government, or selling it at a public sale.

(2) The department may sell surplus personal property at fair market value. The department may also exchange surplus personal property for goods and services at fair market value with a private company that is contracted to provide state services, and the surplus personal property is essential to providing those services.

(3) The department may pay necessary costs incurred in the conduct of the transfers or sale of surplus personal property including the necessary warehousing and reconditioning costs from the proceeds of the sale or by assessing a handling fee for surplus personal property being donated.

(4) Beginning October 1, 2016, prior to donating, disposing of, or selling surplus snow removal equipment or surplus road construction or maintenance equipment that was owned by the state transportation department, the department shall make that equipment available for sale at fair market value to local road agencies in this state. The department shall issue directives to implement this subsection. As used in this subsection, "local road agencies" means a local road agency as that term is defined in section 9a of 1951 PA 51, MCL 247.659a.

History: 1984, Act 431, Eff. Mar. 29, 1985; Am. 1999, Act 8, Imd. Eff. Mar. 22, 1999; Am. 2012, Act 237, Imd. Eff. June 29, 2012; Am. 2016, Act 245, Imd. Eff. June 24, 2016
Mich. Comp. Laws § 380.907 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.907
Annexation of school districts both having bonded indebtedness; resolution; approval; assumption and payment of bonded indebtedness; final responsibility.
Status: in_force

Sec. 907.

If a school district which has bonded indebtedness proposes to annex a school district which has bonded indebtedness, the resolution of the annexing board prescribed by section 901 may provide that the annexation shall become effective only if the school electors of the annexing school district approve the assumption of the bonded indebtedness of the school district to be annexed and the school electors of the school district to be annexed at the same election approve the assumption of the bonded indebtedness of the annexing school district and approve the annexation.

If the annexation is effective, the combined school district shall assume the obligation of the bonded indebtedness of both the annexing and annexed school districts and shall pay the same by levying debt retirement tax levies uniformly over the territory of the district. The assumption of the bonded indebtedness by the annexing school district shall not operate to release the territory of the annexing school district or of the annexed school district from the final responsibility of paying the bonded obligation.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Mich. Comp. Laws § 339.2409 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.2409
Reporting certain changes.
Status: in_force

Sec. 2409.

A licensee shall report to the department a change of name or address or a change of members or addresses of the partnership, association, or corporation holding a license under this article within 30 days after the change occurs.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1980, Act 496, Eff. Mar. 31, 1981; Am. 1982, Act 410, Imd. Eff. Dec. 28, 1982; Am. 1988, Act 463, Eff. Sept. 1, 1989; Am. 2010, Act 151, Imd. Eff. Aug. 23, 2010
Mich. Comp. Laws § 168.509gg — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.509gg
Information exempt from freedom of information act.
Status: in_force

Sec. 509gg.

(1) Subject to subsection (3), the information described in this subsection that is contained in a registration record is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a designated voter registration agency, or a county, city, township, or village clerk shall not release a copy of that portion of a registration record that contains any of the following:

(a) The record that an individual declined to register to vote.

(b) The office that received a registered elector's application.

(c) A registered elector's driver license or state personal identification card number.

(d) The month and day of birth of a registered elector.

(e) The telephone number provided by a registered elector.

(f) The digitized signature of an elector that is captured or reproduced and transmitted to the qualified voter file by the secretary of state or a county, city, or township clerk under section 509hh or by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307.

(2) Except as otherwise provided in this subsection, the last 4 digits of a registered elector's Social Security number contained in a registration record are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The last 4 digits of a registered elector's Social Security number contained in a registration record may only be used by the secretary of state to verify a registered elector's data as provided by the help America vote act of 2002 and to verify a registered elector's status under this act, and must not be used or released for any other purpose.

(3) If an individual preregisters to vote under section 496a, the information contained in the registration record for that individual is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, until that individual is 17-1/2 years of age. Once that individual is 17-1/2 years of age, the information contained in the registration record for that individual is subject to the exemptions provided in subsection (1).

History: Add. 1994, Act 441, Imd. Eff. Jan. 10, 1995; Am. 2003, Act 302, Eff. Jan. 1, 2005; Am. 2005, Act 71, Imd. Eff. July 14, 2005; Am. 2014, Act 94, Imd. Eff. Apr. 3, 2014; Am. 2023, Act 258, Eff. Feb. 13, 2024
Mich. Comp. Laws § 600.815 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.815
Terms of probate court prohibited; probate court open at all reasonable times; evening and weekend sessions.
Status: in_force

Sec. 815.

The probate court shall not have terms of court. The probate court shall be open at all reasonable times as fixed by the probate judge or, in counties having more than 1 probate judge, the chief judge. The probate court may hold evening and weekend sessions.

History: Add. 1978, Act 543, Eff. July 1, 1979; Am. 1996, Act 374, Imd. Eff. July 17, 1996
Mich. Comp. Laws § 38.1429 — MI Code / Chapter 38 / Act Act-300-of-1980 / Section 38.1429
Participation in other public sector retirement benefits plan; "public sector employer" defined.
Status: in_force

Sec. 129.

A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector employer. Except as otherwise provided in this act or by the department, this section does not prohibit a qualified participant from participating in a retirement plan established by this state or other public sector employer under the internal revenue code. For the purposes of this section, "public sector employer" includes, but is not limited to, a reporting unit.

History: Add. 2010, Act 75, Imd. Eff. May 19, 2010
Mich. Comp. Laws § 418.207 — MI Code / Chapter 418 / Act Act-317-of-1969 / Section 418.207
Introductory and continuing legal education courses in worker's compensation.
Status: in_force

Sec. 207.

The chairperson of the worker's compensation board of magistrates shall consult with law schools, the state bar of Michigan, and other legal associations for the purpose of establishing introductory and continuing legal education courses in worker's compensation. Worker's compensation magistrates, as a condition of continued employment, may be required to attend these courses. Applicants for the position of worker's compensation magistrate may also be required to attend these courses.

History: Add. 1985, Act 103, Imd. Eff. July 30, 1985
Mich. Comp. Laws § 3.884 — MI Code / Chapter 3 / Act Act-515-of-2012 / Section 3.884
Preparedness activities; requests; consultation.
Status: in_force

Sec. 4.

(1) Preparedness is 1 of the foundations of emergency management and can be described as activities undertaken to prepare for disasters and emergencies and to facilitate future response and recovery efforts. There is an interest and need for participating jurisdictions to plan together in advance of disasters and emergencies. The following preparedness activities may be considered by the participating jurisdictions:

(a) Share participating jurisdictions' hazard analyses that are available, and determine those potential disasters and emergencies the participating jurisdictions might jointly suffer.

(b) Share existing emergency operations plans, procedures, and protocols.

(c) Share policies and procedures for resource mobilization, tracking, demobilization, and reimbursement.

(d) Consider joint planning, training, and exercises.

(e) Assist with alert, notification, and warning for communities adjacent to or crossing participating jurisdiction boundaries.

(f) Consider procedures to facilitate the movement of evacuees, refugees, civil emergency personnel, equipment, or other resources into or across boundaries, or to a designated staging area when it is agreed that such movement or staging will facilitate civil emergency operations by the affected or participating jurisdictions.

(g) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that impede the implementation of responsibilities described in this section.

(2) The authorized representative of a participating jurisdiction may request assistance of another participating jurisdiction by contacting its authorized representative. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. The authorized representative of participating jurisdictions will confirm their verbal request in writing within 15 days. Requests must provide the following information:

(a) A description of the emergency service function for which assistance is needed and of the mission or missions, including, but not limited to, fire services, emergency medical, transportation, communications, public works, and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

(b) The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed.

(c) The specific place and time for staging of the assisting party's response and a point of contact at the location.

(3) There will be periodic consultation among the authorized representatives who have assigned emergency management responsibilities.

History: 2012, Act 515, Imd. Eff. Dec. 28, 2012
Mich. Comp. Laws § 400.158 — MI Code / Chapter 400 / Act Act-181-of-1962 / Section 400.158
Board of county institutions; financial assistance.
Status: in_force

Sec. 8.

The county board of institutions, if eligible, shall qualify for any grants-in-aid, subsidy or other financial assistance granted by the state or the United States.

History: Add. 1968, Act 149, Imd. Eff. June 12, 1968