FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 3.977 — MI Code / Chapter 3 / Act Act-459-of-2012 / Section 3.977
Effect of act on emergency management compact or other state laws.
Status: in_force

Sec. 7.

This act does not limit, modify, or abridge the emergency management compact entered into under 2001 PA 247, MCL 3.991 to 3.994, the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, or 2000 PA 310, MCL 3.731 to 3.734.

History: 2012, Act 459, Imd. Eff. Dec. 27, 2012
Mich. Comp. Laws § 168.310 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.310
Office of school board member; oath; vacancy; conditions.
Status: in_force

Sec. 310.

Before entering upon the duties of his or her office, an individual elected to the office of school board member shall take and subscribe to the oath provided in section 1 of article XI of the state constitution of 1963.

The office of a school board member becomes vacant immediately, regardless of declaration by an officer or acceptance by the school board or 1 or more of its members, upon any of the following events:

The death of the school board member.

The school board member's being adjudicated insane or being found to be a legally incapacitated individual by a court of competent jurisdiction.

The school board member's resignation.

The school board member's removal from office.

The school board member's conviction for a felony.

The school board member's election or appointment being declared void by a competent tribunal.

The school board member's neglect or failure to file the acceptance of office, to take the oath of office, or to give or renew an official bond required by law.

The school board member ceasing to possess the legal qualifications for holding office.

The school board member moving his or her residence from the school district.

History: Add. 2003, Act 302, Eff. Jan. 1, 2005
Mich. Comp. Laws § 390.707 — MI Code / Chapter 390 / Act Act-72-of-1857 / Section 390.707
Breach of trustee's or officer's fiduciary duty; liability.
Status: in_force

Sec. 7.

A volunteer trustee or a nontrustee volunteer who is an officer of the college has no personal liability to the college for monetary damages for a breach of the trustee's or officer's fiduciary duty. This provision does not eliminate or limit the liability of a trustee or officer for any of the following:

(a) A breach of the trustee's or officer's duty of loyalty to the college.

(b) Acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law.

(c) Any distribution of assets of the college in violation of applicable law.

(d) A transaction from which the trustee or officer derived an improper personal benefit.

(e) An act or omission occurring before the effective date of this amendment.

(f) An act or omission that is grossly negligent.

History: Add. 2011, Act 220, Imd. Eff. Nov. 15, 2011
Mich. Comp. Laws § 780.17 — MI Code / Chapter 780 / Act Act-144-of-1937 / Section 780.17
Forfeiture of bail.
Status: in_force

Sec. 17.

Forfeiture of bail. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.

History: 1937, Act 144, Eff. Oct. 29, 1937; CL 1948, 780.17
Mich. Comp. Laws § 206.643 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.643
Imposition of tax on insurance company; tax year; annual return; calculation of estimated payment; disclosure.
Status: in_force

Sec. 643.

(1) An insurance company is subject to the tax imposed by this chapter or by section 476a of the insurance code of 1956, 1956 PA 218, MCL 500.476a, if applicable, whichever is greater.

(2) The tax year of an insurance company is the calendar year.

(3) Notwithstanding section 685, an insurance company shall file the annual return required under this part before March 2 after the end of the tax year, and an automatic extension under section 685(3) is not available.

(4) For the purpose of calculating an estimated payment required by section 681, the greater of the amount of tax imposed on an insurance company under this chapter or under section 476a of the insurance code of 1956, 1956 PA 218, MCL 500.476a, shall be considered the insurance company's tax liability for the immediately preceding tax year.

(5) The requirements of section 28(1)(f) of 1941 PA 122, MCL 205.28, that prohibit an employee or authorized representative of, a former employee or authorized representative of, or anyone connected with the department from divulging any facts or information obtained in connection with the administration of a tax, do not apply to disclosure of a tax return required by this section.

History: Add. 2011, Act 38, Eff. Jan. 1, 2012
Mich. Comp. Laws § 700.3803 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3803
Limitations on time for presentation of claims.
Status: in_force

Sec. 3803.

(1) A claim against a decedent's estate that arose before the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, if not barred earlier by another statute of limitations or nonclaim statute, is barred against the estate, the personal representative, the decedent's heirs and devisees, and nonprobate transferees of the decedent unless presented within 1 of the following time limits:

(a) If notice is given in compliance with section 3801 or 7608, within 4 months after the date of the publication of notice to creditors, except that a claim barred by a statute at the decedent's domicile before the publication for claims in this state is also barred in this state.

(b) For a creditor known to the personal representative at the time of publication or during the 4 months following publication, within 1 month after the subsequent sending of notice or 4 months after the date of the publication of notice to creditors, whichever is later.

(c) If the notice requirements of section 3801 or 7608 have not been met, within 3 years after the decedent's death.

(2) A claim against a decedent's estate that arises at or after the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, is barred against the estate, the personal representative, and the decedent's heirs and devisees, unless presented within 1 of the following time limits:

(a) For a claim based on a contract with the personal representative, within 4 months after performance by the personal representative is due.

(b) For a claim to which subdivision (a) does not apply, within 4 months after the claim arises or the time specified in subsection (1)(a), whichever is later.

(3) This section does not affect or prevent any of the following:

(a) A proceeding to enforce a mortgage, pledge, or other lien on estate property.

(b) A proceeding to establish the decedent's or the personal representative's liability for which the decedent or the personal representative is protected by liability insurance to the insurance protection limits only.

(c) Collection of compensation for services rendered and reimbursement of expenses advanced by the personal representative or by an attorney, auditor, investment adviser, or other specialized agent or assistant for the personal representative of the estate.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2004, Act 314, Eff. Sept. 1, 2004; Am. 2009, Act 46, Eff. Apr. 1, 2010
Mich. Comp. Laws § 769.5 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 769.5
Alternative or combined penalties; power of court; rebuttable presumption; reasonable grounds for departure; show cause order; contempt order.
Status: in_force

Sec. 5.

(1) Subject to subsection (3), if a statute provides that an offense is punishable by imprisonment and a fine, the court may impose imprisonment without the fine or the fine without imprisonment.

(2) Subject to subsection (3), if a statute provides that an offense is punishable by fine or imprisonment, the court may impose both the fine and imprisonment in its discretion.

(3) There is a rebuttable presumption that the court shall sentence an individual convicted of a misdemeanor, other than a serious misdemeanor, with a fine, community service, or other nonjail or nonprobation sentence.

(4) The court may depart from the presumption under subsection (3) if the court finds reasonable grounds for the departure and states on the record the grounds for the departure.

(5) If the court finds that the sentenced person has not complied with his or her sentence, including a nonjail or nonprobation sentence, the court may issue an order for the person to show cause why he or she should not be held in contempt of court for not complying with the sentence. If the court finds the person in contempt, it may impose an additional sentence, including jail or probation if appropriate.

(6) If the finding of contempt of court under subsection (5) is for nonpayment of fines, costs, or other legal financial obligations, the court must find on the record that the person is able to comply with the payments without manifest hardship, and that the person has not made a good-faith effort to do so, before imposing an additional sentence.

(7) As used in this section, "serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17333; CL 1948, 769.5; Am. 2015, Act 216, Eff. Mar. 14, 2016; Am. 2020, Act 395, Eff. Mar. 24, 2021
Mich. Comp. Laws § 211.502 — MI Code / Chapter 211 / Act Act-234-of-1929 / Section 211.502
Public improvement assessment; personal obligation; installments.
Status: in_force

Sec. 2.

In case any such assessment set forth in section 1 hereof shall be payable in installments, each installment shall constitute a personal obligation of the owner of such parcel of land at the time such assessment roll shall be delivered to such collecting officer.

History: 1929, Act 234, Eff. Aug. 28, 1929; CL 1929, 3742; CL 1948, 211.502
Mich. Comp. Laws § 120.56 — MI Code / Chapter 120 / Act Act-251-of-1966 / Section 120.56
Construction of act.
Status: in_force

Sec. 6.

In construing this act, port districts coterminous with a city or township shall follow the same procedure as is prescribed for counties, substituting the local governing body and officers where applicable for the board of supervisors and county officials. Whenever in this act any power is granted to a port district, it shall be exercised by the port commission unless otherwise provided herein. Whenever in this act any power is granted to a port commission it shall be deemed to be granted to the port district but to be exercised by such port commission.

History: 1966, Act 251, Imd. Eff. July 11, 1966
Mich. Comp. Laws § 333.13112 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.13112
Individual under influence of alcohol or controlled substance; prohibition.
Status: in_force

Sec. 13112.

(1) An individual shall not tattoo, brand, or perform body piercing on another individual if the other individual is under the influence of alcoholic liquor or a controlled substance.

(2) An individual who is under the influence of alcoholic liquor or a controlled substance shall not tattoo, brand, or perform body piercing on another individual.

History: Add. 2010, Act 375, Imd. Eff. Dec. 22, 2010
Mich. Comp. Laws § 123.151 — MI Code / Chapter 123 / Act Act-130-of-1945 / Section 123.151
Water supply; joint source; bonds; agreements; expense.
Status: in_force

Sec. 1.

Whenever 2 or more cities in Michigan determine to extend and improve their municipally owned water systems through the acquisition of an additional source of water supply consisting of a water supply line from one of the great lakes, bays thereof, and connecting waters between, together with related pumping station or stations, intake, meters, valves, rights of way, real estate and appurtenant apparatus and equipment (all of which are hereinafter referred to as the "source of supply"), such cities may jointly acquire, own and operate such source of supply, or any part thereof, and each such city may finance all or part of its agreed share of the cost thereof through the issuance of its water revenue bonds under the provisions of Act No. 94 of the Public Acts of 1933, as such act now exists or may hereafter be amended. The governing bodies of such cities are hereby empowered to enter into such agreements for the acquisition, operation, control, management and improvement of such source of supply (any which agreement may run for a term of years) as they may in their discretion see fit, including, but without limitation, agreements with each other, with water customers and with any board, agency or commission in which may be imposed the operation of the source of supply. Such agreements may provide for and fix the membership, powers and duties of a joint board, agency or commission to operate the source of supply, in which event the governing bodies may delegate to such board, agency or commission such of their powers with respect to the operation of the source of supply as they may see fit. Such board, agency or commission is empowered to enter into such agreements with said cities and with water consumers, including other cities, villages and public corporations, for the sale of water thereto and with respect to the operation of the source of supply, as may be consistent with the provisions of the agreements creating such board, agency or commission and as it may consider advantageous. The expense of the operation, maintenance, management, control and improvement of the source of supply may be paid either through the sale of water by the operating board to the cities and other customers, or by contributions to be made by the respective cities, or both, all as may be provided in the agreements between the cities, as originally entered into or as modified and supplemented from time to time.

History: 1945, Act 130, Imd. Eff. Apr. 27, 1945; CL 1948, 123.151
Mich. Comp. Laws § 457.703 — MI Code / Chapter 457 / Act Act-55-of-1917 / Section 457.703
Filing copy of articles and constitution with department of commerce; signers of articles, associates, and successors as body corporate and politic; powers.
Status: in_force

Sec. 3.

A copy of said articles of association together with a copy of the constitution of said association shall be filed with the corporation and securities bureau of the department of commerce, and thereupon the persons who shall have signed said articles of association, their associates and successors, shall be a body corporate and politic, and known in the law and in fact by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be a person in the law, capable of purchasing, taking, receiving, owning, and enjoying, through them and their successors, estates real and personal, of suing and being sued, and to have a common seal which may be changed or altered at their pleasure, and they and their successors shall have power to give, grant, sell, demise, and dispose of such real and personal estate, or part thereof, at their will and pleasure, and the proceeds, rents, and income shall be devoted exclusively to the purposes of such association, as mentioned and defined by the constitution thereof.

History: 1917, Act 55, Eff. Aug. 10, 1917; CL 1929, 10839; CL 1948, 457.703; Am. 1982, Act 121, Imd. Eff. Apr. 19, 1982
Mich. Comp. Laws § 324.71512 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.71512
Conditions to making grant or loan.
Status: in_force

Sec. 71512.

The department shall not make a grant or a loan under this part unless all of the following conditions are met:

The applicant demonstrates that the proposed project is in compliance with all applicable state laws and rules.

The applicant demonstrates to the department the capability to implement the proposed project.

The applicant provides the department with evidence that a licensed professional engineer has approved the plans and specifications for the project, if appropriate.

The applicant demonstrates to the department that there is an identifiable source of funds for the maintenance and operation of the proposed project.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 257.903 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.903
False certification as felony; penalty.
Status: in_force

Sec. 903.

A person who makes a false certification to a matter or thing required by the terms of this act to be certified, including but not limited to an application for any type of driver license, dealer license, vehicle certificate of title, vehicle registration, vehicle inspection, self-insurance, personal information, or commercial driver training school, is guilty of a felony. A person who uses personal information for a purpose other than a permissible purpose identified in section 208c or 232 is guilty of a felony.

A person who is convicted of a second violation of this section shall be punished by imprisonment for not less than 2 years or more than 7 years, or by a fine of not less than $1,500.00 or more than $7,000.00, or both.

A person who is convicted of a third or subsequent violation of this section shall be punished by imprisonment for not less than 5 years or more than 15 years, or by a fine of not less than $5,000.00 or more than $15,000.00, or both.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 1980, Act 398, Eff. Mar. 31, 1981; Am. 1992, Act 309, Eff. Mar. 31, 1993; Am. 1997, Act 101, Imd. Eff. Aug. 7, 1997
Mich. Comp. Laws § 331.73g — MI Code / Chapter 331 / Act Act-38-of-1969 / Section 331.73g
State treasurer or financial institution as trustee for proceeds of refunding bonds, other funds, and investment earnings and profits; purposes; trust agreement; investment of proceeds; defeasance.
Status: in_force

Sec. 43g.

To provide for the protection of the rights of the holders of the bonds to be refunded and the refunding bonds, the proceeds of refunding bonds and any other funds set aside for refunding purposes, and the investment earnings and profits from the proceeds or funds, to the extent required to be held for future retirement of the bonds to be refunded, or the refunding bonds, or for payment of interest or call premiums on those bonds, or for refunding expenses pertaining to the bonds, shall be held in trust by the state treasurer or by a financial institution qualified to serve as trustee pursuant to a trust agreement entered into between the authority issuing the refunding bonds and the state treasurer or the financial institution providing for the investment and disposition of the funds.

Before the use of the proceeds of the refunding bonds for the purposes set forth in subsection (1), the proceeds of the refunding bonds may be invested pursuant to the trust agreement in direct obligations of the United States, in obligations in which the principal and interest are guaranteed by the United States, or, if refunding bonds are issued by the state authority, in any other investments as determined by the state authority pursuant to the contract with the holders of the refunding bonds with the approval of the state treasurer. If the instrument by which the bonds or notes to be refunded are secured is to be defeased on the date of the issuance of the refunding bonds, then the proceeds of the refunding bonds shall be deposited and invested in accordance with the defeasance requirements of that instrument.

History: Add. 1978, Act 277, Imd. Eff. July 3, 1978; Am. 1992, Act 302, Imd. Eff. Dec. 21, 1992
Mich. Comp. Laws § 18.1501 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1501
Severability.
Status: in_force

Sec. 501.

If any portion of this act or the application of this act to any person or circumstances shall be found to be invalid by a court, the invalidity shall not affect the remaining portions or applications of this act which can be given effect without the invalid portion or application, if the remaining portions are not determined by the court to be inoperable, and to this end this act is declared to be severable.

History: 1984, Act 431, Eff. Mar. 29, 1985
Mich. Comp. Laws § 38.1213 — MI Code / Chapter 38 / Act Act-149-of-1999 / Section 38.1213
Establishment of public employee health care fund; resolution.
Status: in_force

Sec. 3.

The legislative body of a public corporation may adopt a resolution establishing a public employee health care fund for the purpose of accumulating funds to provide for the funding of health care benefits to retirants and beneficiaries of retirants of the public corporation. Money for the payment of health care benefits for retired employees of the public corporation may, at the discretion of the public corporation, be provided from this fund or any other fund or trust. The resolution shall include all of the following:

The designation of a person or persons who shall act as the fund's investment fiduciary.

A restriction of withdrawals from the fund solely for the payment of health care benefits on behalf of qualified persons and the payment of the expenses of administration of the fund.

The designation of who is a qualified person for purposes of payment of health care benefits from the fund.

A determination of whether the fund will be established on an actuarial basis.

History: 1999, Act 149, Imd. Eff. Nov. 1, 1999
Mich. Comp. Laws § 500.7304 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.7304
Title insurers; powers.
Status: in_force

Sec. 7304.

Every title insurer authorized to do business pursuant to this code may issue title insurance; make, execute and perfect such contracts, agreements, policies and other instruments as may be required therefor; examine titles to real estate in connection with any transaction in which a policy of title insurance or commitment therefor is being issued and report thereon; issue commitments for title insurance policies specifying the requirements for the issuance of such policies; act as escrow agent in any transaction involving the issuance of a title insurance policy. Nothing contained in this chapter shall be construed to authorize any title insurer, or any officer, director, employee, trustee, agent or solicitor thereof, to engage in any act or practice prohibited by Act No. 354 of the Public Acts of 1917, being section 450.681 of the Compiled Laws of 1948, under a claim that the act or practice is incidental to the conduct of a business authorized by this chapter, whether or not a separate charge is made therefor. It shall be unlawful for any title insurer, or any such person, to suggest to any party to a transaction involving the examination, insuring and conveyancing of titles to real estate that the party does not need to retain for the transaction the professional services of an independent attorney duly licensed to practice law in this state.

History: Add. 1966, Act 221, Imd. Eff. July 11, 1966