FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 32.1058b — MI Code / Chapter 32 / Act Act-523-of-1980 / Section 32.1058b
Court-martial sentence; confinement; forfeiture of pay and allowance; waiver.
Status: in_force

Sec. 58b.

(1) A court-martial sentence described in subsection (4) must result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole.

(2) A forfeiture under this section takes effect on the date determined under section 57 and may be deferred as provided in that section.

(3) The pay and allowances forfeited, in the case of a general court-martial, must be all pay and allowances due that member during any period of confinement or parole and, in the case of a special court-martial, must be 2/3 of all pay due that member during that period.

(4) A court-martial sentence covered by this section is any sentence that includes either of the following:

(a) Confinement for more than 6 months.

(b) Confinement for 6 months or less and a dishonorable or bad conduct discharge or dismissal.

(5) If an accused has dependents, the convening authority may waive any or all of the forfeitures of pay and allowances required by subsection (1) or (3) for a period of not more than 6 months. Any amount of pay or allowances that, except if waived under this subsection, would be forfeited must be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

(6) If the sentence of a member who forfeits pay and allowances under subsection (1) or (3) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (4), the member must be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

History: Add. 2024, Act 77, Imd. Eff. July 8, 2024
Mich. Comp. Laws § 3.61 — MI Code / Chapter 3 / Act Act-221-of-1999 / Section 3.61
Short title.
Status: in_force

Sec. 1.

This act shall be known and may be cited as the "congressional redistricting act".

History: 1999, Act 221, Eff. Mar. 10, 2000
Mich. Comp. Laws § 445.1638 — MI Code / Chapter 445 / Act Act-660-of-2002 / Section 445.1638
Examinations and investigations by commissioner.
Status: in_force

Sec. 8.

The commissioner may conduct examinations and investigations of a person over whom the commissioner has regulatory authority as necessary to determine whether the person is brokering, making, servicing, or collecting mortgage loans as required by this act.

History: 2002, Act 660, Imd. Eff. Dec. 23, 2002
Mich. Comp. Laws § 801.104 — MI Code / Chapter 801 / Act R-S-of-1846 / Section 801.104
Separation of prisoners; male and female.
Status: in_force

Sec. 4.

Male and female prisoners, unless they are husband and wife, shall not be put, kept, or confined in the same room in any jail, lock-up, holding center, or holding cell.

History: R.S. 1846, Ch. 148; CL 1857, 5578; CL 1871, 7365; How. 8942; CL 1897, 10535; CL 1915, 14763; CL 1929, 17700; CL 1948, 801.104; Am. 1986, Act 156, Imd. Eff. July 7, 1986
Mich. Comp. Laws § 330.1931 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1931
Programs for protection and advocacy of rights of developmentally disabled and of mentally ill persons; implementation; authority; liaison.
Status: in_force

Sec. 931.

The governor shall designate an agency to implement a program for the protection and advocacy of the rights of persons with developmental disabilities pursuant to the developmentally disabled assistance and bill of rights act, Public Law 94-103, 89 Stat. 486. The designated agency shall have the authority to pursue legal, administrative, and other appropriate remedies to protect the rights of the developmentally disabled and to investigate allegations of abuse and neglect. The designated agency shall be independent of any state agency that provides treatment or services other than advocacy services to persons with developmental disabilities.

The agency designated under subsection (1) shall implement a program for the protection and advocacy of the rights of mentally ill persons pursuant to the protection and advocacy for mentally ill individuals act of 1986, Public Law 99-319, 100 Stat. 478. The designated agency shall have the authority to pursue legal, administrative, and other appropriate remedies to protect the rights of mentally ill persons and to investigate allegations of abuse or neglect of mentally ill persons. The designated agency shall be independent of any state agency that provides treatment or services other than advocacy services to mentally ill persons.

The governor shall designate an appropriate state official to serve as liaison between the agency designated to implement the protection and advocacy programs and the state departments and agencies that provide services to persons with developmental disabilities and mentally ill persons.

History: Add. 1987, Act 192, Imd. Eff. Dec. 2, 1987
Mich. Comp. Laws § 440.9607 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.9607
Collection and enforcement by secured party.
Status: in_force

Sec. 9607.

(1) If so agreed, and in any event after default, a secured party may do 1 or more of the following:

(a) Notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party.

(b) Take any proceeds to which the secured party is entitled under section 9315.

(c) Enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral.

(d) If it holds a security interest in a deposit account perfected by control under section 9104(1)(a), apply the balance of the deposit account to the obligation secured by the deposit account.

(e) If it holds a security interest in a deposit account perfected by control under section 9104(1)(b) or (c), instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.

(2) If necessary to enable a secured party to exercise under subsection (1)(c) the right of a debtor to enforce a mortgage nonjudicially, the secured party may record both of the following in the office in which a record of the mortgage is recorded:

(a) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage.

(b) The secured party's sworn affidavit in recordable form stating both of the following:

( i ) That a default has occurred with respect to the obligation secured by the mortgage.

( ii ) That the secured party is entitled to enforce the mortgage nonjudicially.

(3) A secured party shall proceed in a commercially reasonable manner if the secured party meets both of the following:

(a) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral.

(b) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.

(4) A secured party may deduct from the collections made pursuant to subsection (3) reasonable expenses of collection and enforcement, including reasonable attorney fees and legal expenses incurred by the secured party.

(5) This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.

History: Add. 2000, Act 348, Eff. July 1, 2001; Am. 2012, Act 88, Eff. July 1, 2013
Mich. Comp. Laws § 125.4322 — MI Code / Chapter 125 / Act Act-57-of-2018 / Section 125.4322
Meetings of council; open to public; notice; hearing persons present at meeting; record; information and technical assistance; failures not precluding adoption of development plan.
Status: in_force

Sec. 322.

(1) Meetings of the council shall be open to the public. Notice of the time and place of the meetings shall be posted in at least 10 conspicuous places in the development area accessible to the public not less than 5 days before the dates set for meetings of the council. A person present at those meetings shall have reasonable opportunity to be heard.

(2) A record of the meetings of a council, including information and data presented, shall be maintained by the council.

(3) A council may request of and receive from the authority information and technical assistance relevant to the preparation of the development plan for the development area.

(4) Failure of a council to organize or to consult with and be advised by the authority, or failure to advise the governing body, as provided in this part, shall not preclude the adoption of a development plan by a municipality if the municipality complies with the other provisions of this part.

History: 2018, Act 57, Eff. Jan. 1, 2019
Mich. Comp. Laws § 324.8315 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.8315
Aerial application of pesticides; requirements.
Status: in_force

Sec. 8315.

A private agricultural applicator or a commercial applicator, in addition to complying with the other requirements of this part, shall meet 1 or more of the following requirements before engaging in the aerial application of pesticides:

Attainment of at least 3 years of experience with not fewer than 200 hours of agricultural aerial application under the supervision of a commercial aerial applicator.

Be licensed as a commercial aerial applicator before December 27, 1988.

Successfully complete an aerial applicator training program recognized by the director as sufficient to assure the protection of the public health, safety, and welfare and the environment.

A private agricultural applicator or a commercial applicator authorized under this part to make aerial application of pesticides shall do either of the following once every 3 years:

Demonstrate to the director the applicator's personal participation in a self-regulating application flight efficiency clinic sponsored or recognized by the Michigan cooperative extension service and approved by the department with an aircraft that the applicant operates.

Retake the certification examinations and submit to an inspection of the applicator's aircraft, equipment, and spray operations by an authorized representative of the director.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 90.6 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 90.6
Judgment or conviction; limitation on sanctions; costs.
Status: in_force

Sec. 6.

Upon judgment or conviction, the court shall impose a sanction not exceeding the limit prescribed in the ordinance violated, as the nature of the case may require, together with such costs of prosecution as the court shall order. In a civil infraction action, the district court may assess costs as provided in section 907 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.907 of the Michigan Compiled Laws, or section 8727 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.8727 of the Michigan Compiled Laws.

History: 1895, Act 215, Eff. Aug. 30, 1895; CL 1897, 3094; CL 1915, 3008; CL 1929, 1932; CL 1948, 90.6; Am. 1994, Act 19, Eff. May 1, 1994
Mich. Comp. Laws § 338.2154 — MI Code / Chapter 338 / Act Act-333-of-1976 / Section 338.2154
Enforcement of act and rules; variations or modifications of rules.
Status: in_force

Sec. 4.

The director of labor shall enforce this act and the rules promulgated pursuant to this act by the board. Where, because of special conditions, a literal enforcement of the rules will result in unnecessary hardship or involve practical difficulties, the director, upon application in specific cases, may authorize variations or modifications of the rules in a manner not contrary to the public interest and so that the spirit of the rules shall be observed, public safety secured, and substantial justice done.

History: 1976, Act 333, Eff. Mar. 31, 1977
Mich. Comp. Laws § 390.22 — MI Code / Chapter 390 / Act Act-151-of-1851 / Section 390.22
Board of regents and visitors; expenses, reimbursement from university fund interest.
Status: in_force

Sec. 22.

The regents and visitors of the university shall each receive pay for the actual and necessary expenses incurred by them in the performance of their duties, which shall be paid out of the university interest fund.

History: 1851, Act 151, Eff. July 5, 1851; CL 1857, 2204; CL 1871, 3502; How. 4926; CL 1897, 1802; CL 1915, 1177; CL 1929, 7785; CL 1948, 390.22
Mich. Comp. Laws § 324.61003 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.61003
Divestiture of severed oil and gas rights; reuniting oil and gas rights with surface rights; deed restriction; reversion of subsurface rights.
Status: in_force

Sec. 61003.

The department shall implement procedures in compliance with this part that allow the department, after consultation with the natural resources trust fund board and approval of the natural resources commission, to divest itself of severed oil and gas rights and reunite the oil and gas rights with the surface rights. The department is not required to divest itself of oil and gas rights to land that is in production or is leased or permitted for production, or to land which the department determines has unusual or sensitive environmental features that should be reserved by the state and maintained in an undeveloped state, or to land which the department may consider offering for exchange to consolidate inholdings within management areas.

When the department transfers oil and gas rights under this part, the department shall include a deed restriction that restricts the oil and gas rights from being severed from the surface rights in the future. If the landowner severs the subsurface rights from the surface rights, the subsurface rights revert to this state.

History: Add. 1998, Act 117, Imd. Eff. June 9, 1998
Mich. Comp. Laws § 691.1606 — MI Code / Chapter 691 / Act Act-27-of-1994 / Section 691.1606
Action against participant in illegal marketing of controlled substance; recovery of damages by individual abuser; conditions.
Status: in_force

Sec. 6.

Subject to subsection (2), an individual abuser may bring an action under this act for damages against a person who participated in illegal marketing of the controlled substance actually used by the individual abuser.

An individual abuser shall not recover damages under this section unless the individual abuser meets all of the following conditions:

Not less than 6 months before filing the action, the individual personally discloses to law enforcement authorities all of the information the individual knows regarding his or her source of illegally marketed controlled substances.

The individual has not used an illegally marketed controlled substance within the 6 months before filing the action.

The individual does not use an illegally marketed controlled substance during the pendency of the action.

History: 1994, Act 27, Eff. Apr. 1, 1994
Mich. Comp. Laws § 500.2474 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.2474
Prohibited acts; violation; penalties.
Status: in_force

Sec. 2474.

A person or organization shall not wilfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, any data collection agency, or any insurer, which will affect the rates or premiums chargeable under this chapter. A violation of this section shall subject the person or organization guilty of the violation to the penalties provided in section 2478.

History: 1956, Act 218, Eff. Jan. 1, 1957; Am. 1982, Act 8, Eff. Jan. 1, 1983
Mich. Comp. Laws § 552.154 — MI Code / Chapter 552 / Act Act-379-of-1913 / Section 552.154
Attachment; arrest, custody of party.
Status: in_force

Sec. 4.

The attachment shall be executed by the sheriff of the county, or by any officer authorized to make such arrest, who shall arrest the party named therein and keep him in actual custody and bring him forthwith before the court issuing the attachment, and shall keep and detain him until the court shall make some further order.

History: 1913, Act 379, Eff. Aug. 14, 1913; CL 1915, 11446; CL 1929, 12776; CL 1948, 552.154; Am. 1962, Act 176, Eff. Mar. 28, 1963
Mich. Comp. Laws § 286.688 — MI Code / Chapter 286 / Act Act-94-of-2018 / Section 286.688
Compliance with act; investigation by director; inspection; copies of records; failure or refusal to obey subpoena or court order; contempt; complaint closed to public inspection.
Status: in_force

Sec. 8.

(1) Beginning January 1, 2021, the director, upon the director's own motion or upon the recommendation of an independent auditor under section 5(2), may make an investigation necessary to determine compliance with this act.

(2) For an inspection under subsection (1), the director must have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to inspect any records required to be kept pursuant to this act.

(3) The director may make copies of any records inspected under subsection (2).

(4) The director may do 1 or more of the following:

(a) Administer oaths.

(b) Take statements.

(c) Issue subpoenas to compel the attendance of witnesses.

(d) Issue subpoenas for the production of any books, memoranda, papers, or other documents, articles, or instruments.

(5) Upon failure or refusal of any person to obey a subpoena issued under subsection (4), the director may petition the district court to enter an order compelling that person to comply with the subpoena.

(6) Failure to obey an order of the court entered under subsection (5) may be punishable as contempt of court.

(7) A complaint made to the director and the results of the director's investigations must be closed to public inspection unless disclosed pursuant to court order, during the investigatory period and until the complaint is dismissed or the notice of hearing and charges are served.

History: 2018, Act 94, Eff. June 24, 2018
Mich. Comp. Laws § 141.34 — MI Code / Chapter 141 / Act Act-161-of-1923 / Section 141.34
Sinking fund commissioners; handling of funds, investment; bonded debt.
Status: in_force

Sec. 4.

The said board of sinking fund commissioners shall from time to time, as it shall deem expedient, purchase or pay the outstanding bonded debt of the county or such part thereof as it may be able to purchase or pay until the full amount thereof be fully purchased or paid. Whenever the board of sinking fund commissioners cannot arrange for the purchasing or paying of said debt or any part thereof, it shall temporarily, or until it can so arrange, invest the moneys belonging to the sinking fund in such interest bearing securities issued by the state of Michigan or by any municipal subdivision thereof or by the United States government as it may deem advisable; and all matured bonds or evidences of debt so purchased shall be delivered to the county treasurer and shall become and be the property of the county, held and controlled by said board of sinking fund commissioners, and the interest thereon as it thereafter becomes due shall be credited and belong to the sinking fund.

History: 1923, Act 161, Eff. Aug. 30, 1923; CL 1929, 1249; CL 1948, 141.34
Mich. Comp. Laws § 791.258b — MI Code / Chapter 791 / Act Act-232-of-1953 / Section 791.258b
Parole sanction certainty program; establishment; adoption of system of graduated sanctions; placement of offenders; determination; implementation of program; consultation with local law enforcement.
Status: in_force

Sec. 58b.

(1) The parole sanction certainty program is established within the department. By January 1, 2018, the department shall adopt a system of graduated sanctions for violations of conditions of parole for offenders supervised under the parole sanction certainty program. The graduated sanctions adopted under this section must utilize evidence-based practices that have been demonstrated to reduce recidivism and increase compliance with the conditions of parole based on the identified risk and needs of the supervised individual as determined by a validated risk and needs assessment. To the extent possible, the system of graduated sanctions must be uniform throughout the state for all parolees subject to parole sanction certainty supervision.

(2) Subject to subsection (3), the department shall, in consultation with the parole board, determine which offenders shall be placed in the community on parole under the parole sanction certainty program.

(3) The department shall implement the parole sanction certainty program created in subsection (1) in at least the 5 counties in this state in which the greatest number of individuals convicted of criminal violations are sentenced to incarceration under the jurisdiction of the department, as determined by the department's annual statistical report. The department may implement the parole sanction certainty program in additional counties in this state.

(4) The department shall consult with and seek recommendations from local law enforcement agencies in the counties where the parole sanction certainty program is implemented, including the sheriff's departments, circuit courts, county prosecutor's offices, and community corrections programs in developing a plan for implementing the parole sanction certainty program in the county.

History: Add. 2017, Act 1, Eff. June 29, 2017
Mich. Comp. Laws § 397.172 — MI Code / Chapter 397 / Act Act-24-of-1989 / Section 397.172
Definitions.
Status: in_force

Sec. 2.

As used in this act:

(a) "Agreement" means a district library agreement required by section 3 or the agreement governing a district library established under former 1955 PA 164.

(b) "Board" means a district library board.

(c) "Department" means the department of education.

(d) "District" means the territory of the participating municipalities that is served by a district library established under this act.

(e) "General election" means that term as defined in section 2 of the Michigan election law, 1954 PA 116, MCL 168.2.

(f) "Largest" means, if used in reference to a participating school district, the participating school district having the most electors voting at the last regularly scheduled school board election in the participating school district.

(g) "Largest" means, if used in reference to a county, the county having the most registered electors of a district as last reported to the county clerk under section 661 of the Michigan election law, 1954 PA 116, MCL 168.661.

(h) "Legislative body" means, if the municipality is a school district, the school board.

(i) "Municipality" means a city, village, school district, township, or county.

(j) "Participating" means, in reference to a municipality, that the municipality is a party to an agreement.

(k) "School district" means 1 of the following but does not include a primary school district or a school district that holds meetings rather than elections:

( i ) "Local act school district" as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

( ii ) "Local school district" as that term is used in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

( l ) "State librarian" means the department.

History: 1989, Act 24, Imd. Eff. May 22, 1989; Am. 2001, Act 64, Eff. Oct. 1, 2001; Am. 2005, Act 60, Imd. Eff. July 7, 2005; Am. 2015, Act 108, Imd. Eff. June 30, 2015
Mich. Comp. Laws § 700.2508 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.2508
Revocation by change of circumstances.
Status: in_force

Sec. 2508.

Except as provided in sections 2802 to 2809, a change of circumstances does not revoke a will or a part of a will.

History: 1998, Act 386, Eff. Apr. 1, 2000