FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 330.1461 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1461
Testimony or deposition of physician or psychologist required; waiver; examinations; presence of attorney during deposition; cross-examination of deponent; waiver.
Status: in_force

Sec. 461.

(1) An individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing.

(2) For a petition filed under section 434(7), that does not seek hospitalization before the hearing, an individual may not be found to require treatment unless a psychiatrist who has personally examined that individual testifies. A psychiatrist's testimony is not necessary if a psychiatrist signs the petition. If a psychiatrist signs the petition, at least 1 physician or licensed psychologist who has personally examined that individual must testify. The requirement for testimony may be waived by the subject of the petition. If the testimony given in person is waived, a clinical certificate completed by a physician, licensed psychologist, or psychiatrist must be presented to the court before or at the initial hearing.

(3) The examinations required under this section for a petition filed under section 434(7) shall be arranged by the court and the local community mental health services program or other entity as designated by the department.

(4) A written deposition may be introduced as evidence at the hearing only if the attorney for the subject of the petition was given the opportunity to be present during the taking of the deposition and to cross-examine the deponent. This testimony or deposition may be waived by the subject of a petition. An individual may be found to require treatment even if the petitioner does not testify, as long as there is competent evidence from which the relevant criteria in section 401 can be established.

History: 1974, Act 258, Eff. Nov. 6, 1974; Am. 1976, Act 346, Imd. Eff. Dec. 21, 1976; Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982; Am. 1995, Act 290, Eff. Mar. 28, 1996; Am. 2016, Act 320, Eff. Feb. 14, 2017; Am. 2018, Act 593, Eff. Mar. 28, 2019
Mich. Comp. Laws § 32.704 — MI Code / Chapter 32 / Act Act-150-of-1967 / Section 32.704
Assistant adjutants general; army, air; appointment, qualifications, duties, pay and allowances, tenure.
Status: in_force

Sec. 304.

The adjutant general shall select from among the qualified federally recognized officers of the army national guard a principal assistant to be known as "assistant adjutant general for army" to supervise the training, administration and supply of the army national guard, and a principal assistant from the air national guard to be known as "assistant adjutant general for air" to supervise the training, administration and supply of the air national guard and each shall have the rank of brigadier general and receive pay and allowances equal to that of an active army or air force officer of like grade and service. Officers so appointed shall serve at the pleasure of the adjutant general.

History: 1967, Act 150, Imd. Eff. June 30, 1967
Mich. Comp. Laws § 801.93 — MI Code / Chapter 801 / Act Act-118-of-1984 / Section 801.93
Conditional effective date.
Status: in_force

Sec. 13.

This act shall not take effect unless all of the following bills of the 82nd Legislature are enacted into law:

House Bill No. 4589.

House Bill No. 5120.

House Bill No. 5173.

History: 1984, Act 118, Imd. Eff. June 1, 1984
Mich. Comp. Laws § 28.726 — MI Code / Chapter 28 / Act Act-295-of-1994 / Section 28.726
Providing or forwarding copy of registration or notification.
Status: in_force

Sec. 6.

(1) The officer, court, or agency registering an individual or receiving or accepting a registration under section 4 or receiving notice under section 5(1) shall provide the individual with a copy of the registration or notification at the time of registration or notice.

(2) The officer, court, or agency registering an individual or receiving or accepting a registration under section 4 or notified of an address change under section 5(1) shall forward the registration or notification to the department in a manner prescribed by the department immediately after registration or notification.

History: 1994, Act 295, Eff. Oct. 1, 1995; Am. 1996, Act 494, Eff. Apr. 1, 1997; Am. 2011, Act 18, Eff. July 1, 2011
Mich. Comp. Laws § 339.2603 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.2603
Board of real estate appraisers; creation; qualifications of members.
Status: in_force

Sec. 2603.

(1) There is created a board of real estate appraisers.

(2) Of those board members who are appraisers, 3 shall be certified general real estate appraisers, 1 shall be a certified residential real estate appraiser, and 2 shall be either state licensed real estate appraisers or additional certified residential real estate appraisers. At least 1 of those appraisers may be employed by a state or nationally chartered bank, a state or federally chartered savings and loan or savings bank, a state or federally chartered credit union, an entity of the federally chartered farm credit system, or an entity regulated under the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684.

History: Add. 1990, Act 269, Imd. Eff. Oct. 17, 1990; Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999; Am. 2010, Act 90, Imd. Eff. June 10, 2010
Mich. Comp. Laws § 487.14308 — MI Code / Chapter 487 / Act Act-276-of-1999 / Section 487.14308
Acquisition of real property for use of customer; loan secured by real property.
Status: in_force

Sec. 4308.

A bank may lease, purchase, hold, and convey real property for the use of a customer by lease arrangement with the bank, but the acquisition of real property and leasing to a customer constitutes a loan secured by real property for purposes of section 4202.

A bank may incur additional obligations incident to becoming an owner or lessor of real property acquired for the use of a customer.

Inventory of real property held under this section and not leased shall not exceed 25% of the bank's capital and surplus.

History: 1999, Act 276, Eff. Mar. 1, 2000
Mich. Comp. Laws § 333.1011 — MI Code / Chapter 333 / Act Act-606-of-1978 / Section 333.1011
State plan for poison control center network; establishment.
Status: in_force

Sec. 1.

The department of public health shall establish a state plan for the creation and operation of a poison control center network, providing for regional poison control centers, including appropriate services in the Upper Peninsula.

History: 1978, Act 606, Imd. Eff. Jan. 5, 1979
Mich. Comp. Laws § 123.963 — MI Code / Chapter 123 / Act Act-31-of-1948-1st-Ex-Sess- / Section 123.963
Bonds; retirement; conveyance of title to property.
Status: in_force

Sec. 13.

When all bonds issued pursuant to the provisions of this act shall have been retired, then the authority shall convey the title to the property acquired hereunder to the incorporating unit or units in accordance with the provisions therefor contained in the articles of incorporation, or contract of lease, or, if there be no such provisions, then in accordance with the directions of the governing body of the incorporating unit or any agreement adopted by the respective governing bodies of the incorporating units.

History: 1948, 1st Ex. Sess., Act 31, Imd. Eff. May 10, 1948; CL 1948, 123.963; Am. 1968, Act 96, Imd. Eff. June 6, 1968; Am. 1973, Act 110, Imd. Eff. Aug. 19, 1973
Mich. Comp. Laws § 29.11 — MI Code / Chapter 29 / Act Act-207-of-1941 / Section 29.11
Substantial compliance with MCL 29.8 and 29.9.
Status: in_force

Sec. 11.

A substantial compliance with the requirements of sections 8 and 9 shall be sufficient to give full force and effect to a order of the state fire marshal and the order shall not be declared invalid, inoperative, or void for an omission or for a reason not affecting the merit and substance of the subject matter of the order.

History: 1941, Act 207, Imd. Eff. June 16, 1941; CL 1948, 29.11; Am. 1973, Act 199, Imd. Eff. Jan. 11, 1974; Am. 1978, Act 3, Imd. Eff. Feb. 7, 1978
Mich. Comp. Laws § 120.104 — MI Code / Chapter 120 / Act Act-639-of-1978 / Section 120.104
Port authority; incorporation; recommendations; articles of incorporation; body corporate and politic; public purpose.
Status: in_force

Sec. 4.

A city and county, a combination of counties or a combination consisting of at least 1 city and 1 county, by joint resolution of their respective governing bodies, may request the governor to authorize the incorporation of an authority. The governor shall consider the recommendations of the department of state highways and transportation and the department of commerce in authorizing the authority. The initial articles of incorporation shall be approved by the governor and may thereafter be amended by resolution of the authority, subject to approval by the governor. After approval by the governor, the articles of incorporation and any amendments to those articles shall be effective upon filing with the secretary of state.

An authority created under this act shall be a body corporate and politic.

The exercise by an authority of the powers conferred by this act shall be considered and held to be an essential governmental function and a benefit to, and a legitimate public purpose of the state, the authority, and the constituent units.

History: 1978, Act 639, Imd. Eff. Jan. 11, 1979
Mich. Comp. Laws § 141.2819 — MI Code / Chapter 141 / Act Act-34-of-2001 / Section 141.2819
Validation of previously issued securities.
Status: in_force

Sec. 819.

Any securities previously issued under or in accordance with the authority contained in the municipal finance act, 1943 PA 202, MCL 131.1 to 139.3, are hereby validated.

History: 2001, Act 34, Eff. Mar. 1, 2002
Mich. Comp. Laws § 333.16104 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.16104
Definitions; D to G.
Status: in_force

Sec. 16104.

(1) "DEA registration number" means the number associated with a certificate of registration issued to a practitioner to prescribe, dispense, or administer controlled substances by the United States Department of Justice Drug Enforcement Administration.

(2) "Delegation" means an authorization granted by a licensee to a licensed or unlicensed individual to perform selected acts, tasks, or functions that fall within the scope of practice of the delegator and that are not within the scope of practice of the delegatee and that, in the absence of the authorization, would constitute illegal practice of a licensed profession.

(3) "Department" means the department of licensing and regulatory affairs.

(4) "Director" means the director of the department or the director's designee.

(5) "Disciplinary subcommittee" means a disciplinary subcommittee appointed under section 16216.

(6) "Good moral character" means good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1993, Act 80, Eff. Apr. 1, 1994; Am. 2011, Act 210, Imd. Eff. Nov. 8, 2011; Am. 2020, Act 371, Eff. Apr. 4, 2021
Mich. Comp. Laws § 556.116 — MI Code / Chapter 556 / Act Act-224-of-1967 / Section 556.116
Interests appointable by general powers; part of donee's estate.
Status: in_force

Sec. 6.

If the will of a donee of a general power exercisable by will either effectively exercises the power or manifests an intent to exercise the power and satisfies the requirements of sections 4 and 5, all interests which the donee could by will appoint and which the donee's will appoints or purports to appoint shall be regarded as part of the donee's estate for the following purposes only:

The payment of the expenses of administration of the donee's estate, to the extent that the donee's individual assets are insufficient for that purpose.

The satisfaction of the claims of the donee's creditors, to the extent provided in section 13.

Inclusion of such interests in determining the right of election of the donee's widow and the satisfaction of such right.

The distribution of any of such interests as the intestate property of the donee, to the extent that the donee's will does not effectively dispose of such interests and the creating instrument does not otherwise provide.

This section does not affect the period during which the vesting of a future interest may be suspended or postponed by an instrument exercising a power as provided in section 14.

History: 1967, Act 224, Eff. Nov. 2, 1967; Am. 1970, Act 195, Imd. Eff. Aug. 6, 1970
Mich. Comp. Laws § 555.805 — MI Code / Chapter 555 / Act Act-159-of-2004 / Section 555.805
Receipts from rental property.
Status: in_force

Sec. 405.

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, shall be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.

History: 2004, Act 159, Eff. Sept. 1, 2004
Mich. Comp. Laws § 500.1203 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.1203
Authority of insurance producer for fraternal benefit society; authority of attorney-in-fact of reciprocal or inter-insurance exchange.
Status: in_force

Sec. 1203.

A person may act as an insurance producer only for a fraternal benefit society authorized to transact insurance in this state without being licensed as an insurance producer if less than 50% of his or her time is devoted to the solicitation and procurement of insurance contracts for the society. A person who in the preceding calendar year solicits or procures life insurance contracts on behalf of any society in an amount of insurance in excess of $50,000.00, or, in case of any other kind of insurance that the society might write, on the persons of more than 25 individuals and who has received a commission or other compensation for the sale of that insurance is conclusively presumed to be devoting 50% of his or her time to the solicitation or procurement of insurance contracts for the society. An insurance producer for a fraternal benefit society authorized to transact insurance in this state before March 1, 2002 may, upon application to the commissioner before March 1, 2003, be licensed as an insurance producer to represent that fraternal benefit society without written examination.

An attorney-in-fact of a reciprocal or of an inter-insurance exchange may act as an insurance producer for the reciprocal or exchange.

History: Add. 1972, Act 133, Eff. Mar. 30, 1973; Am. 2001, Act 228, Eff. Mar. 1, 2002
Mich. Comp. Laws § 38.1627 — MI Code / Chapter 38 / Act Act-182-of-1986 / Section 38.1627
Nonduty related death prior to effective date of retirement; payment to surviving spouse or children; payment to deceased member's estate; prohibited payment; commencement of retirement allowance; eligibility for health insurance coverage.
Status: in_force

Sec. 27.

(1) Except as provided in section 24(4) and subject to subsection (3), if a member continues as a member of the retirement system on or after the date he or she acquires 10 years of service credit and suffers a nonduty related death leaving a surviving spouse before the effective date of the member's retirement, while a member of the retirement system, the surviving spouse is entitled to receive a retirement allowance equal to 2.4% of the member's final average compensation times the number of years, including any fraction of a year, of service credited to the member under this act or former 1935 PA 251, or both, but not to exceed 25 years, as if the member had retired effective the day preceding the date of death and nominated the spouse as beneficiary. If there is not a surviving spouse, or on the spouse's death, the retirement allowance must be paid to the children under the age of 18 years of the member, share and share alike. On the spouse's death, if there are not eligible children, there must be paid to the deceased member's estate any residual accumulated contributions and interest made by him or her into the reserve for employee contributions. A retirement allowance is not payable under this section if a retirement allowance is payable under any other section of this act.

(2) Payment of the retirement allowance must begin the first day of the calendar month next following the month in which the member died.

(3) The retirement allowance payable under this section to a member who first becomes a member on or after June 10, 2012 must be offset by the actuarially determined value of the employer-funded portion plus the associated investment growth of any employer contributions made under section 15a and forfeits the contributions and earnings on the contributions.

(4) A member, former member, or beneficiary of a deceased member, which member first becomes a member on or after June 10, 2012 and who is eligible for a retirement allowance under this section, is eligible for health insurance coverage under section 42 in all respects and under the same terms as would be a member who first becomes a member before June 10, 2012. A member who is eligible for health insurance coverage under section 42 as described in this subsection is not vested in any employer contributions under section 42a(1).

History: 1986, Act 182, Eff. Oct. 1, 1986; Am. 2018, Act 674, Imd. Eff. Dec. 28, 2018
Mich. Comp. Laws § 128.61 — MI Code / Chapter 128 / Act Act-113-of-1915 / Section 128.61
Cemeteries; joint maintenance by municipalities; money deposited in trust, limitation, expenditure.
Status: in_force

Sec. 1.

The township board of each township shall have the authority and it shall be its duty to cause all cemeteries within its township, except private cemeteries and cemeteries owned by cities and villages located in such townships, to be properly taken care of. The legislative body of any city or village may contribute to the maintenance and care of cemeteries owned by the township, and the township board may contribute to the maintenance and care of cemeteries owned by a city or village. Such contributions shall be paid from the respective contingent or general funds. The township boards of 2 or more adjoining townships, whether or not the townships are located in the same county may contribute to the maintenance and care of cemeteries owned by 1 or more of the townships. Any person or persons interested in the maintenance of a lot in any cemetery may deposit in trust with the township treasurer a sum of money not to exceed the sum of $500.00, the interest or principal of which shall be expended to maintain the lot described in such amounts each year as shall be designated in the letter of deposit, or by agreement with the township board. Said maintenance money shall be expended under the supervision of the township board.

History: 1915, Act 113, Eff. Aug. 24, 1915; CL 1915, 11190; Am. 1919, Act 163, Eff. Aug. 14, 1919; CL 1929, 2676; CL 1948, 128.61; Am. 1949, Act 57, Eff. Sept. 23, 1949; Am. 1951, Act 109, Eff. Sept. 28, 1951; Am. 1952, Act 157, Eff. Sept. 18, 1952; Am. 1957, Act 204, Eff. Sept. 27, 1957
Mich. Comp. Laws § 206.988 — MI Code / Chapter 206 / Act Act-160-of-2015 / Section 206.988
Changes in account owners or designated beneficiaries; transfers.
Status: in_force

Sec. 8.

(1) Changes in account owners or designated beneficiaries are permitted as follows:

(a) An account owner may change the designated beneficiary of an account to another eligible individual who is a member of the family of the previously designated beneficiary.

(b) An account owner may transfer all or a portion of an account to another ABLE savings account with another designated beneficiary as long as the new designated beneficiary of the account to which the transfer is made is an eligible individual and a member of the family of the previous designated beneficiary.

(c) An account owner may designate another individual as a successor owner of the account in the event of the death of the account owner. The successor owner must meet the definition of an account owner under this act.

(2) Changes in designated beneficiaries and transfers under this section are not permitted to the extent that the change or transfer would constitute excess contributions or unauthorized investment choices.

History: 2015, Act 160, Eff. Jan. 26, 2016
Mich. Comp. Laws § 777.67 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 777.67
Minimum sentence ranges for class F.
Status: in_force

Sec. 67.

The following are the minimum sentence ranges for class F:

PRIOR RECORD VARIABLE LEVEL Offense Variable A B C D E F Level 0 1-9 10-24 25-49 50-74 75+ points points points points points points I 0-9 points 0-3 0-6 0-9 2-17 5-23 10-23 II 10-34 points 0-6 0-9 0-17 5-23 10-23 12-24 III 35-74 points 0-9 0-17 2-17 10-23 12-24 14-29 IV 75+ points 0-17 2-17 5-23 12-24 14-29 17-30

PRIOR RECORD VARIABLE LEVEL

Offense Variable

A

B

C

D

E

F

Level

0

1-9

10-24

25-49

50-74

75+

points

points

points

points

points

points

I

0-9 points

0-3

0-6

0-9

2-17

5-23

10-23

II

10-34 points

0-6

0-9

0-17

5-23

10-23

12-24

III

35-74 points

0-9

0-17

2-17

10-23

12-24

14-29

IV

75+ points

0-17

2-17

5-23

12-24

14-29

17-30

History: Add. 1998, Act 317, Eff. Dec. 15, 1998
Mich. Comp. Laws § 259.486 — MI Code / Chapter 259 / Act Act-259-of-1959 / Section 259.486
Permit; specification of visual or aural identification; compliance with federal laws or regulations; operation during daylight hours; high intensity white obstruction lights; demolition or removal of structure; violation.
Status: in_force

Sec. 6.

(1) A permit must specify the obstruction markers, markings, lighting, or other visual or aural identification required to be installed on or in the vicinity of the structure, if any. The identification characteristics required must conform to federal laws and regulations. Notwithstanding any federal guidelines, and on consideration of the relevant facts, a permit may require lighting to be operational during daylight hours.

(2) Unless waived by the commission because of federal permit requirements or other valid reasons, the obstruction lights for a structure more than 800 feet above the ground elevation at the structure's site must be high intensity white obstruction lights and must be operational during daylight hours, in addition to any nighttime lighting requirement.

(3) If ordered by the commission, the owner of a nonconforming structure that is permanently out of service or partially dismantled, destroyed, deteriorated, or decayed shall demolish or remove the structure.

(4) Failure to maintain obstruction lights in an operable condition is a violation of this act.

History: 1959, Act 259, Eff. Mar. 19, 1960; Am. 1986, Act 296, Eff. Apr. 1, 1987; Am. 2016, Act 28, Eff. May 30, 2016
Mich. Comp. Laws § 247.438 — MI Code / Chapter 247 / Act Act-59-of-1915 / Section 247.438
Deputy; acting for commissioner, legal effect.
Status: in_force

Sec. 38.

Any act or proceeding herein directed or authorized to be performed or conducted by the state highway commissioner, may be done by said commissioner in person, or by 1 of his deputies or by any other person generally or specifically deputized by him for the doing of such work. Any determination made by such deputy, or any hearing or other proceeding conducted by him shall be deemed to be for the purpose of this act, and have the same legal force and significance as though personally performed by said commissioner.

History: 1915, Act 59, Eff. Aug. 24, 1915; CL 1915, 4708; Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917; CL 1929, 4353; CL 1948, 247.438