FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 15.342c — MI Code / Chapter 15 / Act Act-196-of-1973 / Section 15.342c
Civil action; commencement of action; “damages” defined.
Status: in_force

Sec. 2c.

A person who alleges a violation of section 2b may bring a civil action for appropriate injunctive relief, or actual damages, or both within 90 days after the occurrence of the alleged violation of this act.

An action commenced pursuant to subsection (1) may be brought in the circuit court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides.

As used in subsection (1), "damages" means damages for injury or loss caused by each violation of section 2b, including reasonable attorney fees.

History: Add. 1980, Act 481, Eff. Mar. 31, 1981
Mich. Comp. Laws § Article VII § 16 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article VII § 16
Highways, bridges, culverts, airports; road tax limitation.
Status: in_force

Sec. 16.

The legislature may provide for the laying out, construction, improvement and maintenance of highways, bridges, culverts and airports by the state and by the counties and townships thereof; and may authorize counties to take charge and control of any highway within their limits for such purposes. The legislature may provide the powers and duties of counties in relation to highways, bridges, culverts and airports; may provide for county road commissioners to be appointed or elected, with powers and duties provided by law. The ad valorem property tax imposed for road purposes by any county shall not exceed in any year one-half of one percent of the assessed valuation for the preceding year.

History: Const. 1963, Art. VII, § 16, Eff. Jan. 1, 1964
Mich. Comp. Laws § 460.10l — MI Code / Chapter 460 / Act Act-3-of-1939 / Section 460.10l
Agreement to transfer securitization property as true sale.
Status: in_force

Sec. 10 l .

An agreement by an electric utility or assignee to transfer securitization property that expressly states that the transfer is a sale or other absolute transfer signifies that the transaction is a true sale and is not a secured transaction and that title, legal and equitable, has passed to the entity to which the securitization property is transferred.

A true sale under this section applies regardless of whether the purchaser has any recourse against the seller, or any other term of the parties' agreement, including the seller's retention of an equity interest in the securitization property, the fact that the electric utility acts as a collector of securitization charges relating to the securitization property, or the treatment of the transfer as a financing for tax, financial reporting, or other purposes.

History: Add. 2000, Act 142, Imd. Eff. June 5, 2000
Mich. Comp. Laws § 257.1243 — MI Code / Chapter 257 / Act Act-263-of-2005 / Section 257.1243
Definitions.
Status: in_force

Sec. 3.

As used in this act:

(a) "Administrator" means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state.

(b) "Department" means the department of labor and economic growth.

(c) "Incidental costs" means expenses specified in a warranty incurred by a warranty holder and related to the failure of a vehicle protection product to perform as provided in the warranty. Incidental costs may include, but are not limited to, insurance policy deductibles, rental vehicle charges, the difference between the actual value of a stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.

(d) "Person" means an individual, partnership, corporation, limited liability company, association, or other legal entity.

(e) "Vehicle protection product" means a vehicle protection device, system, or service that is installed on or applied to a vehicle and is designed to prevent loss or damage to a vehicle from a specific cause. Except as provided in this subdivision, the term includes, but is not limited to, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. The term does not include a vehicle protection device, system, or service that is installed on or applied to a vehicle by the vehicle manufacturer at the vehicle assembly facility.

(f) "Vehicle protection product warrantor" or "warrantor" means a person that is contractually obligated to a warranty holder under the terms of a vehicle protection product warranty agreement. Warrantor does not include an insurer regulated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.

(g) "Vehicle protection product warranty" or "warranty" means a written agreement by a warrantor that provides if a warranted product fails to prevent loss or damage to a vehicle from a specific cause covered by the warranty, the warrantor shall pay the warranty holder specified incidental costs that result from the failure of the warranted product to perform.

(h) "Warranted product" means a vehicle protection product covered by a written warranty.

(i) "Warranty holder" means a person who purchases a warranted product or who is a permitted transferee.

(j) "Warranty reimbursement insurance policy" means a policy of insurance that is issued to a vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of an insured vehicle protection product warranty sold by a warrantor.

History: 2005, Act 263, Eff. June 14, 2006
Mich. Comp. Laws § 287.1123 — MI Code / Chapter 287 / Act Act-274-of-2000 / Section 287.1123
Information provided to pet shop, animal control shelter, and animal protection shelter.
Status: in_force

Sec. 23.

The department shall provide each pet shop, animal control shelter, and animal protection shelter with information on the requirements of this act.

History: 2000, Act 274, Imd. Eff. July 7, 2000
Mich. Comp. Laws § 37.2803 — MI Code / Chapter 37 / Act Act-453-of-1976 / Section 37.2803
Legal or equitable remedies.
Status: in_force

Sec. 803.

This act shall not be construed to diminish the right of a person to direct or immediate legal or equitable remedies in the courts of the state.

History: 1976, Act 453, Eff. Mar. 31, 1977
Mich. Comp. Laws § 445.643 — MI Code / Chapter 445 / Act Act-388-of-2008 / Section 445.643
Report.
Status: in_force

Sec. 13.

(1) No later than 60 days after the effective date of this act, each dealer that operates reverse vending machines that are located in any county of this state that borders another state, or any county in the Lower Peninsula that is contiguous with a county of this state that borders another state, shall submit a report to the department.

(2) The report described in subsection (1) shall contain all of the following information:

(a) Contact information for the dealer.

(b) The street address and county of each location in the counties described in subsection (1) where the dealer uses reverse vending machines.

(c) The number of reverse vending machines used by the dealer at each location described in subdivision (b) and the type of beverage containers each of those reverse vending machines accepts.

(d) The number of beverage containers sold and the number of beverage containers redeemed by the dealer under the beverage container law in the preceding calendar year at each of the locations described in subdivision (b).

(3) The department shall prescribe the form of the report described in subsection (1).

History: 2008, Act 388, Imd. Eff. Dec. 29, 2008
Mich. Comp. Laws § 436.1521 — MI Code / Chapter 436 / Act Act-58-of-1998 / Section 436.1521
Limitation on tavern or class C licenses; renewal of license; conditions; revocation; transfer of license; "development district" defined.
Status: in_force

Sec. 521.

(1) Beginning December 29, 2006, the commission shall not issue a tavern or class C licenses under this section. However, those licenses issued under this section before December 29, 2006 remain valid and may be renewed if in compliance with this section. The commission shall renew licenses issued under this section before December 29, 2006 for persons who operate businesses that meet all of the following conditions:

(a) The business is a full service restaurant, is open to the public, and prepares food on the premises.

(b) The business is open for food service not less than 10 hours per day, 5 days a week.

(c) At least 50% of the gross receipts of the business are derived from the sale of food for consumption on the premises. For purposes of this subdivision, food does not include beer and wine.

(d) The business has dining facilities to seat not less than 25 persons.

(e) The business is located in a development district with a population of not more than 50,000, in which the district, after a public hearing, has found that the issuance of the license would prevent further deterioration within the development district and promote economic growth within the development district.

(2) If in any licensing year the sale of food for consumption on the premises of the business represents less than 50% of the gross receipts for the business, the commission, after due notice and proper hearing, shall revoke the license issued under subsection (1).

(3) A license issued under this section is transferable as to ownership or location only within the development district.

(4) As used in this section, "development district" means any of the following:

(a) An authority district established under part 3 of the recodified tax increment financing act, 2018 PA 57, MCL 125.4301 to 125.4329.

(b) An authority district established under part 4 of the recodified tax increment financing act, 2018 PA 57, MCL 125.4401 to 125.4420.

(c) A downtown district established under part 2 of the recodified tax increment financing act, 2018 PA 57, MCL 125.4201 to 125.4230.

(d) A principal shopping district established under 1961 PA 120, MCL 125.981 to 125.990n, before January 1, 1996.

History: 1998, Act 58, Imd. Eff. Apr. 14, 1998; Am. 1998, Act 282, Imd. Eff. July 27, 1998; Am. 2006, Act 502, Imd. Eff. Dec. 29, 2006; Am. 2021, Act 19, Eff. Aug. 23, 2021
Mich. Comp. Laws § 500.3928 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3928
Fixed indivisible premium life insurance policy funding long-term care benefits by accelerating death benefit; reasonableness of benefits relative to premiums; provisions.
Status: in_force

Sec. 3928.

A fixed indivisible premium life insurance policy that funds long-term care benefits entirely by accelerating the death benefit is considered to provide reasonable benefits in relation to premiums provided that the policy complies with all of the following provisions:

Premiums required to be paid are fixed and guaranteed for the life of the policy.

The guaranteed cash surrender value is stated in the policy.

The death benefit and long-term care benefits are guaranteed for the life of the policy, and the policy contains the schedule of the guarantees.

The risk charges for mortality and morbidity benefits and any other charges made internally to determine cash value accumulations, if any, are guaranteed not to exceed the maximum charges set forth in the policy.

The interest credited internally to determine cash value accumulations, if any, are guaranteed not to be less than the minimum interest rate set forth in the policy.

The benefits cannot be terminated by the insurer except for nonpayment of premium.

The policy meets the nonforfeiture requirements of chapter 40.

At the time of issue, the policy is accompanied by an illustration that clearly discloses the year-by-year progression of cash values and face amount.

The policy provides that the policy owner is supplied annually with a report showing the current cash value, death benefit, and long-term care benefits, and shows the calculation of the change in the cash value from the previous report by the addition of interest and premium payments, if any, and the deduction of the risk charges and any other charges.

History: Add. 1992, Act 84, Imd. Eff. June 2, 1992
Mich. Comp. Laws § 440.4902 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.4902
Payment order issued to beneficiary or receiving bank subject to MCL 440.4705 and 440.4707; payment by sender; refund; right of sender executing payment order to receive or retain payment; right of sender to be excused from obligation to pay or receive refund not varied by agreement.
Status: in_force

Sec. 4A402.

This section is subject to sections 4A205 and 4A207.

With respect to a payment order issued to the beneficiary's bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order.

This subsection is subject to subsection (5) and to section 4A303. With respect to a payment order issued to a receiving bank other than the beneficiary's bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of the sender's order. Payment by the sender is not due until the execution date of the sender's order. The obligation of that sender to pay its payment order is excused if the funds transfer is not completed by acceptance by the beneficiary's bank of a payment order instructing payment to the beneficiary of that sender's payment order.

If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as provided in sections 4A204 and 4A304, interest is payable on the refundable amount from the date of payment.

If a funds transfer is not completed as stated in subsection (3) and an intermediary bank is obliged to refund payment as stated in subsection (4) but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in section 4A302(1)(a), to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (4).

The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection (3) or to receive refund under subsection (4) may not be varied by agreement.

History: Add. 1992, Act 100, Imd. Eff. June 25, 1992
Mich. Comp. Laws § 168.727 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.727
Challenge; duty of election inspector; indiscriminate challenge; penalty.
Status: in_force

Sec. 727.

An election inspector shall challenge an applicant applying for a ballot if the inspector knows or has good reason to suspect that the applicant is not a qualified and registered elector of the precinct, or if a challenge appears in connection with the applicant's name in the registration book. A registered elector of the precinct present in the polling place may challenge the right of anyone attempting to vote if the elector knows or has good reason to suspect that individual is not a registered elector in that precinct. An election inspector or other qualified challenger may challenge the right of an individual attempting to vote who has previously applied for an absent voter ballot and who on election day is claiming to have never received the absent voter ballot or to have lost or destroyed the absent voter ballot.

Upon a challenge being made under subsection (1), an election inspector shall immediately do all of the following:

Identify as provided in sections 745 and 746 a ballot voted by the challenged individual, if any.

Make a written report including all of the following information:

All election disparities or infractions complained of or believed to have occurred.

The name of the individual making the challenge.

The time of the challenge.

The name, telephone number, and address of the challenged individual.

Other information considered appropriate by the election inspector.

Retain the written report created under subdivision (b) and make it a part of the election record.

Inform a challenged elector of his or her rights under section 729.

A challenger shall not make a challenge indiscriminately and without good cause. A challenger shall not handle the poll books while observing election procedures or the ballots during the counting of the ballots. A challenger shall not interfere with or unduly delay the work of the election inspectors. An individual who challenges a qualified and registered elector of a voting precinct for the purpose of annoying or delaying voters is guilty of a misdemeanor.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1955, Act 271, Imd. Eff. June 30, 1955; Am. 1995, Act 261, Eff. Mar. 28, 1996; Am. 2004, Act 92, Imd. Eff. Apr. 26, 2004
Mich. Comp. Laws § 399.612 — MI Code / Chapter 399 / Act Act-24-of-1992 / Section 399.612
Abrogation of rights and obligations.
Status: in_force

Sec. 12.

This act does not abrogate rights and obligations of a lender or museum identified in a written agreement.

History: 1992, Act 24, Imd. Eff. Mar. 23, 1992
Mich. Comp. Laws § 554.635 — MI Code / Chapter 554 / Act Act-454-of-1978 / Section 554.635
Notices.
Status: in_force

Sec. 5.

A lessor may cure a violation of section 3 by giving written notice to all tenants who are currently parties, with the lessor, to a rental agreement which contains a prohibited provision. The notice shall state that the provision is void and unenforceable or alter the provision to bring it into compliance with this act.

A lessor may cure a violation of section 4 by giving written notice to all tenants who are currently parties, with the lessor, to a rental agreement which does not include a required statement. The notice shall set forth the statement as provided in section 4.

Notices under this section may be given personally or sent by first class or certified mail to the tenant at the address of the leased premises.

History: 1978, Act 454, Eff. July 1, 1979
Mich. Comp. Laws § 141.15 — MI Code / Chapter 141 / Act Act-42-of-1913 / Section 141.15
County treasurer; duties as custodian, bond.
Status: in_force

Sec. 5.

The county treasurer shall have custody of all moneys, securities and evidences of debt belonging to or pertaining to said sinking fund, and he shall pay out the moneys of said fund only by order of the board of sinking fund commissioners by a 2/3 vote of the members thereof as aforesaid, and upon the warrant of the chairman of the board of supervisors, countersigned by the clerk. The official bond of the county treasurer shall cover any and all funds in his hands belonging to the sinking fund.

History: 1913, Act 42, Eff. Aug. 14, 1913; CL 1915, 2390; CL 1929, 1239; CL 1948, 141.15
Mich. Comp. Laws § 141.1435 — MI Code / Chapter 141 / Act Act-254-of-2010 / Section 141.1435
Assessment payments; computation; statement of room charges; forwarding copies of use tax returns; use by certified public accountants; interest; delinquency charge; attorney fees and court costs; liability for payment after mailing of notice.
Status: in_force

Sec. 5.

(1) Upon the effective date of an assessment, each owner of a transient facility in the assessment district shall be liable for payment of the assessment, computed using the percentage set forth in the marketing program notice. The assessment shall be paid by the owner of each such transient facility to the bureau within 30 days after the end of each calendar month and shall be accompanied by a statement of room charges imposed with respect to the transient facility for that month. This act shall not prohibit a transient facility from reimbursing itself by adding the assessment imposed pursuant to this act to room charges payable by transient guests, provided that the transient facility discloses that it has done so on any bill presented to a transient guest.

(2) Within 30 days after the close of each calendar quarter, each owner within an assessment district shall forward to the independent certified public accountants who audit the financial statements of the bureau copies of its use tax returns for the preceding quarter. These copies of the use tax returns shall be used solely by the certified public accountants to verify and audit the owner's payment of the assessments and shall not be disclosed to the bureau except as necessary to enforce this act.

(3) Interest shall be paid by an owner to the bureau on any assessments not paid within the time called for under this act. The interest shall accrue at the rate of 1.5% per month. Owners delinquent for more than 90 days in paying assessments, in addition to the 1.5% interest, shall pay a delinquency charge of 10% per month or fraction of a month on the amount of the delinquent assessments and shall pay the costs of reasonable attorney fees and court costs incurred in collecting delinquent assessments. The bureau may sue in its own name to collect the assessments, interest, and delinquency charges.

(4) The owner of a transient facility shall not be liable for payment of an assessment until a notice has been mailed to the transient facility of the owner pursuant to section 3(4).

History: 2010, Act 254, Imd. Eff. Dec. 14, 2010
Mich. Comp. Laws § 700.3504 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3504
Supervised administration; powers of personal representative.
Status: in_force

Sec. 3504.

Unless restricted by the court, a supervised personal representative has, without an interim order approving exercise of a power, all the powers of a personal representative under this act, but shall not exercise the power to make a distribution of the estate without prior court order. Any other restriction on a supervised personal representative's power that the court orders must be endorsed on the letters of appointment. Unless a restriction is endorsed as provided in this section, the restriction is ineffective as to persons dealing in good faith with the personal representative.

History: 1998, Act 386, Eff. Apr. 1, 2000
Mich. Comp. Laws § 259.78 — MI Code / Chapter 259 / Act Act-327-of-1945 / Section 259.78
Sale, transfer, or assignment of interest in aircraft; transfer fee.
Status: in_force

Sec. 78.

When the owner of a registered aircraft sells, transfers, or assigns his or her interest thereto, the registration certificate issued for that aircraft shall be returned to the commission within 15 days together with the date and place of sale, transfer, or assignment, the value received, and the name and residence of the purchaser, transferee, or assignee. Within 15 days the purchaser, transferee, or assignee shall apply for the transfer of the registration certificate, if the aircraft remains subject to registration as defined in this act. The fee for the transfer of the registration certificate shall be $5.00.

History: 1945, Act 327, Imd. Eff. May 28, 1945; CL 1948, 259.78; Am. 1976, Act 191, Imd. Eff. July 8, 1976; Am. 1988, Act 391, Imd. Eff. Dec. 22, 1988
Mich. Comp. Laws § 168.688 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.688
Certificates of nomination; delivery.
Status: in_force

Sec. 688.

All certificates of nomination required to be made to the board of election commissioners of any county shall be delivered to the county clerk, or forwarded to him by registered or certified mail with return receipt demanded, and such county clerk shall deliver such certificate to the county board of election commissioners at its first meeting thereafter.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1956, Act 190, Imd. Eff. Apr. 26, 1956