FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.6529 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.6529
Approval as emission inspector.
Status: in_force

Sec. 6529.

A person shall not perform inspections under this part or the rules promulgated under this part unless the person receives approval from the department as an emission inspector.

Before a person is approved as an emission inspector, the person shall have passed an examination approved by the department that is designed to test the person's competency to perform inspections.

A person who fails an examination to obtain approval as an emission inspector may retake the examination when it is next offered.

A person's approval by the department as an emission inspector shall take effect on the date it is issued by the department and shall expire upon surrender by the person or upon revocation by the department.

The department, after notice and opportunity for a hearing, may deny, suspend, or revoke a person's approval as an emission inspector if the department finds that an applicant or an emission inspector does any of the following:

Commits fraud, misrepresentation, trickery, or deceit in connection with the inspection or repair of a motor vehicle under this part or a rule promulgated under this part.

Violates this part or a rule promulgated under this part.

Improperly performs an instrument maintenance, recordkeeping, or inspection procedure required by the rules promulgated under this part.

Incompetently performs an inspection.

Is denied certification by the independent third party responsible for certifications under this part.

Instead of proceeding under subsection (5), or as a means of settling a matter pursuant under subsection (5), the department may do any of the following:

Enter into an assurance of discontinuance with an applicant or an emission inspector.

Enter into a probation agreement with an applicant or an emission inspector.

Enter into a suspension, revocation, or denial agreement with an applicant or an emission inspector.

Require an applicant or an emission inspector to take training or an examination, or both.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 254.368 — MI Code / Chapter 254 / Act Act-13-of-1966 / Section 254.368
Powers of commission.
Status: in_force

Sec. 8.

The commission may do all things necessary in connection with the issuance and sale of the refunding bonds and the retirement of the bonds to be refunded thereby, except to the extent that the retirement powers are now vested in the Mackinac bridge authority, and in that respect the authority shall do all things necessary to accomplish the retirement when the funds are available therefor. The commission may employ such fiscal agents and attorneys as may be necessary to accomplish the purposes of this act and the costs thereof shall be included as a part of the costs of refunding as provided in section 2.

History: 1966, Act 13, Imd. Eff. Apr. 6, 1966
Mich. Comp. Laws § 552.2604 — MI Code / Chapter 552 / Act Act-255-of-2015 / Section 552.2604
Support payments and arrearages; governing law; statute of limitation.
Status: in_force

Sec. 604.

(1) Except as otherwise provided in subsection (4), the law of the issuing state or foreign country governs all of the following:

(a) The nature, extent, amount, and duration of current payments under a registered support order.

(b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order.

(c) The existence and satisfaction of other obligations under the support order.

(2) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.

(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

(4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

History: 2015, Act 255, Eff. Jan. 1, 2016
Mich. Comp. Laws § 333.17766c — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17766c
Purchase or possession of ephedrine or pseudoephedrine or mixture prohibited; violation; penalty; exceptions.
Status: in_force

Sec. 17766c.

(1) A person shall not do any of the following:

(a) Purchase more than 3.6 grams of ephedrine or pseudoephedrine alone or in a mixture within a single calendar day.

(b) Purchase more than 9 grams of ephedrine or pseudoephedrine alone or in a mixture within a 30-day period.

(c) Possess more than 12 grams of ephedrine or pseudoephedrine alone or in a mixture.

(d) Purchase or possess any amount of ephedrine or pseudoephedrine knowing or having reason to know that it is to be used to manufacture methamphetamine.

(2) A person who violates this section is guilty of a crime as follows:

(a) A person who violates subsection (1)(a) or (b) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(b) A person who violates subsection (1)(c) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(c) A person who violates subsection (1)(d) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. This subdivision does not prohibit the person from being charged with, convicted of, and sentenced for any other violation of law arising out of the violation of subsection (1)(d).

(3) This section does not apply to any of the following:

(a) A person who possesses ephedrine or pseudoephedrine pursuant to a license issued by this state or the United States to manufacture, deliver, dispense, possess with intent to manufacture or deliver, or possess a controlled substance, prescription drug, or other drug.

(b) An individual who possesses ephedrine or pseudoephedrine pursuant to a prescription.

(c) A person who possesses ephedrine or pseudoephedrine for retail sale pursuant to a license issued under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78.

(d) A person who possesses ephedrine or pseudoephedrine in the course of his or her business of selling or transporting ephedrine or pseudoephedrine to a person described in subdivision (a) or (c).

(e) A person who, in the course of his or her business, stores ephedrine or pseudoephedrine for sale or distribution to a person described in subdivision (a), (c), or (d).

(f) Any product that the state board of pharmacy, upon application of a manufacturer, exempts from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

(g) Possession of any pediatric product primarily intended for administration to children under 12 years of age according to label instructions.

History: Add. 1994, Act 38, Eff. June 1, 1994; Am. 2003, Act 308, Eff. Apr. 1, 2004; Am. 2011, Act 86, Imd. Eff. July 15, 2011; Am. 2014, Act 216, Eff. Jan. 1, 2015
Mich. Comp. Laws § 600.8159 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8159
Ninety-fourth district; Delta county.
Status: in_force

Sec. 8159.

The ninety-fourth district consists of the county of Delta, is a district of the first class and has 1 judge.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968
Mich. Comp. Laws § 487.3209 — MI Code / Chapter 487 / Act Act-354-of-1996 / Section 487.3209
Savings banks and entities subject to examination by commissioner.
Status: in_force

Sec. 209.

A savings bank together with its subsidiaries, service entities, and entities the controlling interests of which are more than 50% owned by subsidiaries or service entities or association service corporations, are subject to examination of the commissioner, with or without prior notice, not less frequently than once every 18 months concerning the conditions and affairs of the savings bank. The commissioner shall also examine a savings bank under the commissioner's jurisdiction when requested by its board of directors. In connection with an examination, the commissioner, or the commissioner's authorized agent, may examine on oath a director, officer, agent, employee, or shareholder of a savings bank concerning the affairs and business of the savings bank. The commissioner shall ascertain whether the savings bank transacts its business in the manner prescribed by law and the rules promulgated pursuant to law. The commissioner, or the commissioner's authorized agent, may make an examination of an affiliate, subsidiary, or service entity necessary to disclose fully the relationship between a savings bank and the affiliate, subsidiary, or service entity and the effect of the relationship upon the savings bank.

The commissioner may examine the branch or branches located in this state of an out-of-state bank under the federal deposit insurance act, chapter 967, 64 Stat. 873.

In fulfilling the requirements of subsections (1) and (2), the commissioner may use an examination made under the federal deposit insurance act, or the law of another state governing the activities of out-of-state banks in that state. The commissioner may require the savings bank to furnish a copy of any report required by a federal or state bank regulatory agency.

An examination required by this section shall include the fiduciary activities of the savings bank.

The commissioner may contract with other savings bank regulatory agencies to assist in the conduct of examinations of savings banks with 1 or more branches located in other states and in examination of out-of-state banks with 1 or more branches located in this state.

History: 1996, Act 354, Imd. Eff. July 1, 1996; Am. 2000, Act 481, Imd. Eff. Jan. 11, 2001
Mich. Comp. Laws § 450.4802 — MI Code / Chapter 450 / Act Act-23-of-1993 / Section 450.4802
Dissolution; decree by circuit court.
Status: in_force

Sec. 802.

Upon application by or for a member, the circuit court for the county in which the registered office of a limited liability company is located may decree dissolution of the company whenever the company is unable to carry on business in conformity with the articles of organization or operating agreements.

History: 1993, Act 23, Eff. June 1, 1993
Mich. Comp. Laws § 286.372a — MI Code / Chapter 286 / Act Act-228-of-1959 / Section 286.372a
Construction of storage room, space, or building; installation and maintenance of thermometer; accessibility of gas analyzer.
Status: in_force

Sec. 2a.

Each sealed storage room, sealed storage space, or sealed storage building used as a controlled atmosphere storage facility for fruits or vegetables shall be constructed of materials that will allow for the establishment and maintenance of the required levels of carbon dioxide, oxygen, and temperature and that are acceptable to the director.

Each sealed storage room, sealed storage space, or sealed storage building shall have a Fahrenheit thermometer properly installed and maintained. An approved gas analyzer for the measurement of carbon dioxide and oxygen gases shall be readily accessible to all sealed rooms or units.

History: Add. 2000, Act 53, Imd. Eff. Mar. 30, 2000
Mich. Comp. Laws § 440.8101 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.8101
Uniform commercial code-investment securities; cited as.
Status: in_force

Sec. 8101.

This article may be cited as uniform commercial code-investment securities.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 1998, Act 278, Imd. Eff. July 27, 1998
Mich. Comp. Laws § 570.263 — MI Code / Chapter 570 / Act Act-146-of-1937 / Section 570.263
Oil or gas wells and pipe lines; definitions.
Status: in_force

Sec. 13.

For the purpose of this act the terms "owner, part owner or lessee" shall be construed to include all the interests, legal or equitable, which any person, firm, corporation, association, syndicate, trustee, co-partnership or joint adventurer may have in the leasehold, oil or gas runs, oil well, gas well, oil pipe line, gas pipe line, oil or gas derrick, oil tank, machinery, materials, tools, supplies, buildings and appurtenances upon which the improvements contemplated by this act are made.

History: 1937, Act 146, Imd. Eff. July 2, 1937; CL 1948, 570.263
Mich. Comp. Laws § 440.2954 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2954
Liquidation of damages; reasonableness; restitution; setoff.
Status: in_force

Sec. 2A504.

Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.

If the lease agreement provides for liquidation of damages, and such provision does not comply with subsection (1), or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this article.

If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency (section 2A525 or 2A526), the lessee is entitled to restitution of any amount by which the sum of his or her payments exceeds either of the following:

The amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1).

In the absence of those terms, 20% of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or $500.00.

A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor establishes any of the following:

A right to recover damages under the provisions of this article other than subsection (1).

The amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.

History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Mich. Comp. Laws § 257.5 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.5
"Business district" and "commercial business" defined.
Status: in_force

Sec. 5.

(1) "Business district" means an area contiguous to a highway where the total widths of the adjacent buildings in use for commercial business open to the general public on both sides occupy 50% or more of the total frontage on both sides for a distance of 600 feet or more.

(2) As used in this section, "commercial business" does not include a home-based business conducted from a residence or domicile, but does include a multi-use building in which a commercial business open to the general public is operated on the ground floor and residential apartments exist on upper floors.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 2006, Act 85, Eff. Nov. 9, 2006
Mich. Comp. Laws § 333.18201 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.18201
Definitions; principles of construction.
Status: in_force

Sec. 18201.

(1) As used in this part:

(a) "Psychologist" means an individual who is licensed or authorized under this article to engage in the practice of psychology.

(b) "Practice of psychology" means the rendering to individuals, groups, organizations, or the public of services involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior for the purposes of the diagnosis, assessment related to diagnosis, prevention, amelioration, or treatment of mental or emotional disorders, disabilities or behavioral adjustment problems by means of psychotherapy, counseling, behavior modification, hypnosis, biofeedback techniques, psychological tests, or other verbal or behavioral means. The practice of psychology does not include the practice of medicine such as prescribing drugs, performing surgery, or administering electro-convulsive therapy.

(2) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 2022, Act 254, Eff. Mar. 29, 2023
Mich. Comp. Laws § 324.11523b — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.11523b
Trust fund or escrow account.
Status: in_force

Sec. 11523b.

(1) The owner or operator of a landfill or coal ash impoundment may establish a trust fund or escrow account to fulfill the requirements of sections 11523 and 11523a.

(2) All earnings and interest from a trust fund or escrow account shall be credited to the fund or account. However, the custodian may be compensated for reasonable fees and costs for the custodian's responsibilities as custodian. The custodian shall ensure the filing of all required tax returns for which the trust fund or escrow account is liable and shall disburse funds from earnings to pay taxes owed by the trust fund or escrow account, without permission of the department.

(3) The custodian shall annually, 30 days preceding the anniversary date of establishment of the fund, furnish to the owner or operator and to the department a statement confirming the value of the fund or account as of the end of the month immediately preceding the submittal of the report.

(4) The owner or operator may request that the department authorize the release of funds from a trust fund or escrow account. The department shall grant the request if the owner or operator demonstrates that the value of the fund or account exceeds the owner's or operator's financial assurance obligation. A payment or disbursement from the fund or account shall not be made without the prior written approval of the department.

(5) The owner or operator shall receive all interest or earnings from a trust fund or escrow account upon its termination.

(6) If an owner or operator of a disposal area fulfills the financial assurance requirements of part 115 by establishing a trust fund or escrow account and the custodian has its authority to act as a custodian suspended or revoked, the owner or operator shall, within 60 days after receiving notice of the suspension or revocation, establish alternative financial assurance under part 115.

(7) As used in this section, "custodian" means the trustee of a trust fund or escrow agent of an escrow account.

History: Add. 1996, Act 359, Imd. Eff. July 1, 1996; Am. 2018, Act 640, Imd. Eff. Dec. 28, 2018; Am. 2022, Act 246, Eff. Mar. 29, 2023
Mich. Comp. Laws § 14.132 — MI Code / Chapter 14 / Act Act-375-of-1927 / Section 14.132
Employees; bond.
Status: in_force

Sec. 2.

The attorney general shall designate and appoint 1 or more assistant attorneys general and such clerks, stenographers and employees as may be necessary to carry out the provisions of this act. Such assistant attorneys general shall give a bond to the state of Michigan in the penal sum of 30,000 dollars each, to be filed with the secretary of state, conditioned to fully account for and pay over all moneys collected under the terms of this act. The said collection department shall be under the direction and control of the attorney general, subject to the general supervision of the state administrative board.

History: 1927, Act 375, Imd. Eff. June 2, 1927; CL 1929, 192; CL 1948, 14.132
Mich. Comp. Laws § 211.114 — MI Code / Chapter 211 / Act Act-206-of-1893 / Section 211.114
Injunctions.
Status: in_force

Sec. 114.

No injunction shall issue to stay proceedings for the assessment or collection of taxes under this act.

History: 1893, Act 206, Eff. June 12, 1893; CL 1897, 3937; CL 1915, 4113; CL 1929, 3507; CL 1948, 211.114
Mich. Comp. Laws § 500.3310 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3310
Board of governors of facility; election and appointment of governors; representation of insurance agents and general public; terms; vacancies; adoption of plan of operation by facility committee; approval of plan; amendments and adherence to plan.
Status: in_force

Sec. 3310.

The board of governors of the facility shall consist of 11 governors. Seven of the governors shall be elected as provided in the plan of operation. Four governors shall be appointed by the commissioner, of which 2 shall represent insurance agents subject to section 1209(1) and 2 shall represent the general public. Each governor appointed by the commissioner pursuant to this subsection shall serve an annual term. The 7 elected members of the board of governors of the facility shall be elected to serve annual terms commencing within 45 days after the annual determination of participation ratios. Vacancies shall be filled as provided for in the plan of operation.

The facility committee shall adopt a plan of operation by majority vote of the committee and shall submit it to the commissioner for his or her approval. If the commissioner finds that the plan meets the requirements of this chapter, he or she shall approve it. If the commissioner finds that the plan fails to meet the requirements of this chapter, he or she shall state in what respects the plan is deficient and shall afford the facility committee 10 days within which to correct the deficiency. If the commissioner and the facility committee fail to agree that the provisions of the plan so submitted meet the requirements of this chapter, either party to the controversy may submit the issue to the circuit court for Ingham county for a determination. If the commissioner fails to render a written decision on the plan of operation within 30 days after receipt of the plan, the plan shall be considered approved.

Amendments to the plan of operation shall be subject to majority approval by the board of governors and ratified by majority of the membership vote. The membership vote shall be determined as defined in section 3303(e)( iii ). Amendments to the plan of operation shall be subject to the approval of the commissioner, as provided in subsection (2).

Every insurer authorized to write automobile insurance in this state shall adhere to the plan of operation.

History: Add. 1969, Act 346, Eff. Apr. 1, 1970; Am. 1979, Act 145, Eff. Jan. 1, 1981; Am. 1980, Act 461, Imd. Eff. Jan. 15, 1981; Am. 1984, Act 367, Imd. Eff. Dec. 27, 1984; Am. 1986, Act 10, Imd. Eff. Feb. 28, 1986; Am. 2001, Act 228, Eff. Mar. 1, 2002
Mich. Comp. Laws § 69.4 — MI Code / Chapter 61 / Act Act-3-of-1895 / Section 69.4
Authority of council to levy taxes; cemeteries; tax limit.
Status: in_force

Sec. 4.

The council may for the purpose of purchasing grounds for a cemetery, raise by general tax a sum not exceeding in any 1 year, 1/4 of 1% of the taxable value of the property in the village. However, the total sum that may be raised for the purchase of grounds for that purpose shall not at any time exceed $5,000.00. The council may, for the purpose of maintaining the cemetery, raise by general tax a sum not exceeding in any 1 year 1/10 of 1% of the taxable value of the property in the village.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895; CL 1897, 2855; CL 1915, 2729; Am. 1923, Act 157, Eff. Aug. 30, 1923; CL 1929, 1638; CL 1948, 69.4; Am. 1998, Act 254, Imd. Eff. July 13, 1998
Mich. Comp. Laws § 123.1179 — MI Code / Chapter 123 / Act Act-49-of-2008 / Section 123.1179
Tax levy and collection.
Status: in_force

Sec. 19.

A tax authorized to be levied by an authority under this act shall be levied and collected at the same time and in the same manner as provided by the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.

History: 2008, Act 49, Imd. Eff. Mar. 27, 2008