FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 117.20 — MI Code / Chapter 117 / Act Act-279-of-1909 / Section 117.20
Charter commission; first meeting; duties of city clerk; powers and duties of commission; roll call; vacancy; compensation; quorum; public sessions.
Status: in_force

Sec. 20.

The charter commission shall convene on the second Tuesday after the election at the place designated pursuant to section 19. The city clerk shall preside at the first meeting, shall administer the oath of office to the members-elect, and shall act as clerk of the commission. The charter commission shall be the sole judge of the qualifications, elections, and returns of its members, shall choose its officers except clerk, shall determine the rules of its proceedings, and shall keep a journal. A roll call of the members on a question shall be entered on the journal at the request of 1/5 of the members or less if the commission shall so determine. The commission may fill a vacancy in its membership, and shall fix the time for the submission of the charter to the electors. A member shall not receive compensation for more than 90 meetings of the commission, and only for actual attendance. A member of the commission shall not be paid for more than 1 meeting per day. A majority of the members shall constitute a quorum, and the sessions of the commission shall be public.

History: 1909, Act 279, Eff. Sept. 1, 1909; Am. 1911, Act 203, Eff. Aug. 1, 1911; CL 1915, 3323; CL 1929, 2256; CL 1948, 117.20; Am. 1977, Act 27, Imd. Eff. June 8, 1977
Mich. Comp. Laws § 500.3528 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3528
Health maintenance organization; credentialing verification; accreditation by nationally recognized accredited body.
Status: in_force

Sec. 3528.

(1) A health maintenance organization shall establish written policies and procedures for credentialing verification of all health professionals with whom the health maintenance organization contracts. A health maintenance organization shall apply these standards consistently. This act does not require a health maintenance organization to select a provider as an affiliated provider solely because the provider meets the health maintenance organization's credentialing verification standards. This act does not prevent a health maintenance organization from using separate or additional criteria in selecting the health professionals with whom it contracts.

(2) A health maintenance organization is considered to meet the requirements of this section if the health maintenance organization is accredited by a nationally recognized accredited body approved by the director. As used in this subsection, "nationally recognized accredited body" includes the National Committee for Quality Assurance.

History: Add. 2000, Act 252, Imd. Eff. June 29, 2000; Am. 2002, Act 621, Imd. Eff. Dec. 23, 2002; Am. 2016, Act 276, Imd. Eff. July 1, 2016
Mich. Comp. Laws § 691.1418 — MI Code / Chapter 691 / Act Act-170-of-1964 / Section 691.1418
Economic damages; grounds for noneconomic damages; available defenses.
Status: in_force

Sec. 18.

Except as provided in subsection (2), economic damages are the only compensation for a claim under section 17. Except as provided in subsection (2), a court shall not award and a governmental agency shall not pay noneconomic damages as compensation for an event.

A governmental agency remains subject to tort liability for noneconomic damages caused by an event only if the claimant or the individual on whose behalf the claimant is making the claim has suffered death, serious impairment of body function, or permanent serious disfigurement.

In an action for noneconomic damages under section 17, the issues of whether a claimant or the individual on whose behalf the claimant is making the claim has suffered serious impairment of body function or permanent serious disfigurement are questions of law for the court if the court finds either of the following:

There is no factual dispute concerning the nature and extent of the claimant's or the individual's injuries.

There is a factual dispute concerning the nature and extent of the claimant's or the individual's injuries, but the dispute is not material to determining whether the claimant or the individual has suffered a serious impairment of body function or permanent serious disfigurement.

Unless this act provides otherwise, a party to a civil action brought under section 17 has all applicable common law and statutory defenses ordinarily available in civil actions, and is entitled to all rights and procedures available under the Michigan court rules.

History: Add. 2001, Act 222, Imd. Eff. Jan. 2, 2002
Mich. Comp. Laws § 280.556 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.556
Water management commission; petitions, review; notice of first meeting.
Status: in_force

Sec. 556.

Within 30 days following receipt of a petition as provided in section 552 of this act, the director of agriculture shall review the petition for sufficiency and accuracy, shall make a preliminary finding of the counties which in his opinion include public corporations that should be assessed under the provisions of this chapter, and shall mail written notice of the first meeting of the water management commission to the county clerk and drain commissioner of each such county, to the highway agencies having jurisdiction over all highways, roads and streets in said district, to the secretary of each soil conservation district and to the city or village clerk of each city and village within such counties with a population of 5,000 or more according to the latest or each succeeding federal decennial census, which in his opinion are subject to assessment for the cost of the project. Such notice shall request the appointment of a representative of each public corporation so notified to the commission and shall state the time and place of the first meeting, which shall be held not less than 30 nor more than 45 days following the mailing thereof. In the event a county board of supervisors of any such county does not meet in a regular or special session prior to the date of the first meeting of the commission, the chairman of the board of supervisors shall represent the county at the first meeting, and the board of supervisors shall appoint a member to the commission at its next regular or special session. Failure of the governing body of any public corporation entitled to representation to appoint a member to the commission shall not prevent the inclusion of such public corporation in the water management district, nor exempt it from assessment or other obligations imposed by this chapter, but such public corporation shall be without representation until it shall appoint a member. The director of agriculture shall also send notice of the first meeting to the director of the department of conservation, the state highway commissioner and the county road commission of each county within the district.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
Mich. Comp. Laws § 333.17113 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17113
Michigan board of licensed midwifery; creation; membership; terms.
Status: in_force

Sec. 17113.

(1) The Michigan board of licensed midwifery is created in the department. The board consists of the following 12 members, each of whom must meet the requirements of part 161:

(a) Seven midwives.

(b) One certified nurse midwife.

(c) One physician who is board certified as an obstetrician-gynecologist.

(d) One physician who is board certified as a pediatrician.

(e) Two members of the general public, 1 of whom is a consumer of midwifery care.

(2) Except as otherwise provided in this article, the term of office of a member of the board is 4 years and expires on December 31 of the year in which the term expires. For members first appointed under this section, 5 members shall serve for 2 years, 4 members shall serve for 3 years, and 3 members shall serve for 4 years.

History: Add. 2016, Act 417, Eff. Apr. 4, 2017
Mich. Comp. Laws § 450.1769 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1769
Payment by corporation to dissenter; accompanying documents.
Status: in_force

Sec. 769.

Except as provided in section 771, within 7 days after the proposed corporate action is taken or a payment demand is received, whichever occurs later, the corporation shall pay each dissenter who complied with section 767 the amount the corporation estimates to be the fair value of his or her shares, plus accrued interest.

The payment must be accompanied by all of the following:

The corporation's balance sheet as of the end of a fiscal year ending not more than 16 months before the date of payment, an income statement for that year, a statement of changes in shareholders' equity for that year, and if available the latest interim financial statements.

A statement of the corporation's estimate of the fair value of the shares.

An explanation of how the interest was calculated.

A statement of the dissenter's right to demand payment under section 772.

History: 1972, Act 284, Eff. Jan. 1, 1973; Am. 1989, Act 121, Eff. Oct. 1, 1989; Am. 1993, Act 91, Eff. Oct. 1, 1993
Mich. Comp. Laws § 287.1113 — MI Code / Chapter 287 / Act Act-274-of-2000 / Section 287.1113
Inspection of facility by law enforcement officer.
Status: in_force

Sec. 13.

A facility is subject to inspection at reasonable hours by a law enforcement officer to ensure compliance with this act.

If there is probable cause to believe that this act is being violated, a law enforcement officer shall do 1 of the following:

Issue to the owner of the large carnivore a notice of the violation under section 14.

Arrest the owner of the large carnivore or seek a warrant for his or her arrest, as appropriate under chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.1 to 764.29, for a misdemeanor under section 15.

File a sworn complaint under section 16(3).

History: 2000, Act 274, Imd. Eff. July 7, 2000
Mich. Comp. Laws § 18.1293 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1293
Definitions.
Status: in_force

Sec. 293.

As used in this section and sections 294 to 297:

(a) "Committee" means the committee on the purchase of goods and services from community rehabilitation organizations created in section 295.

(b) "Community rehabilitation organization" means a nonprofit charitable organization or institution incorporated in this state that is operated for the purpose of carrying out a recognized program of employment and training services for people with disabilities.

(c) "Fair market price" means the price established by the committee for goods or services to be purchased from community rehabilitation organizations based upon 1 or more of the following:

( i ) Available information from reliable market sources.

( ii ) A market survey conducted by a person designated by the committee.

( iii ) Previous contract prices adjusted for market conditions.

( iv ) The range of bids from the most recent solicitation, including a determination of the median price, average price, and any market conditions that have changed since the most recent solicitation.

( v ) Cost analysis.

( vi ) Other methods as determined by the committee.

History: 1984, Act 431, Eff. Mar. 29, 1985; Am. 2010, Act 372, Imd. Eff. Dec. 22, 2010
Mich. Comp. Laws § 38.2401 — MI Code / Chapter 38 / Act Act-234-of-1992 / Section 38.2401
Retirement system; members; membership form; conditions for ceasing membership.
Status: in_force

Sec. 401.

Each of the following is a member of the retirement system:

A person who is duly elected or appointed as a judge or state official on or after the effective date of this act, unless within 30 days from taking office the judge or state official files a written notice not to participate in the retirement system with the retirement system.

A person who was a member of the former judges retirement system or former probate judges retirement system on the day before the effective date of this act and who remains a judge or state official on and after the effective date of this act.

A person, other than a retirant, who is authorized by the supreme court to perform judicial duties for a limited period or a specific assignment pursuant to section 23 of article VI of the state constitution of 1963 and who performs at least 20 days of service in a 30-consecutive day period.

A judge or state official who becomes a member under subsection (1)(a) shall complete a membership form furnished by the retirement system and shall forward the form to the retirement system within 30 days of taking office. A judge or state official, upon becoming a member, is considered to have agreed that in the event of adjudication of the member's mental incompetency, a guardian, if appointed, has the power and authority to complete and execute the necessary application forms to retire the member as provided in section 507. In all cases of doubt, the retirement board shall decide the membership status of a judge or state official.

The membership of a judge or state official in the retirement system ceases when the member retires, when the members forfeits his or her membership under the provisions of section 507, at the end of the judicial term in which the member who is a judge attains age 70, or upon ceasing to be a judge or state official unless the person is a vested former member.

History: 1992, Act 234, Eff. Mar. 31, 1993
Mich. Comp. Laws § 213.121 — MI Code / Chapter 213 / Act Act-119-of-1919 / Section 213.121
Finding of no necessity to take absolute fee; further proceedings.
Status: in_force

Sec. 11.

If the jury find that it is not necessary to take the absolute title in fee to the public utility mentioned in the petition for public use, such finding may be set aside either on a motion for a new trial or on appeal to the supreme court, as herein provided, but such finding shall in no event be a bar to the institution of new proceedings.

History: 1919, Act 119, Eff. Aug. 14, 1919; CL 1929, 3821; CL 1948, 213.121
Mich. Comp. Laws § 440.4110 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.4110
“Agreement for electronic presentment” defined; presentment notice.
Status: in_force

Sec. 4110.

"Agreement for electronic presentment" means an agreement, clearing-house rule, or Federal Reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement.

Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received.

If presentment is made by presentment notice, a reference to "item" or "check" in this article means the presentment notice unless the context otherwise indicates.

History: Add. 1993, Act 130, Eff. Sept. 30, 1993
Mich. Comp. Laws § 333.12415 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.12415
Denial of application for license; notice; hearing.
Status: in_force

Sec. 12415.

When the department denies an application for a license to operate an agricultural labor camp, it shall give written notice of the denial by certified mail to the applicant stating reasons for the denial. An applicant denied a license may request a hearing before the department on the denial not later than 4 days after receipt of the denial. The department shall hold the hearing on the denial not later than 7 days after receipt of the request.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 460.10k — MI Code / Chapter 460 / Act Act-3-of-1939 / Section 460.10k
Financing order; effect in connection with bankruptcy.
Status: in_force

Sec. 10k.

The interest of an assignee or pledgee in securitization property and in the revenues and collections arising from that property are not subject to setoff, counterclaim, surcharge, or defense by the electric utility or any other person or in connection with the bankruptcy of the electric utility or any other entity. A financing order shall remain in effect and unabated notwithstanding the bankruptcy of the electric utility, its successors, or assignees.

A financing order shall include terms ensuring that the imposition and collection of securitization charges authorized in the order are a nonbypassable charge.

A financing order shall include a mechanism requiring that securitization charges be reviewed and adjusted by the commission at least annually, within 45 days of the anniversary date of the issuance of the securitization bonds, to correct any overcollections or undercollections of the preceding 12 months and to ensure the expected recovery of amounts sufficient to timely provide all payments of debt service and other required amounts and charges in connection with the securitization bonds.

History: Add. 2000, Act 142, Imd. Eff. June 5, 2000
Mich. Comp. Laws § 455.102 — MI Code / Chapter 455 / Act Act-69-of-1887 / Section 455.102
Certificate; signing and acknowledgment; contents; filing with department of commerce.
Status: in_force

Sec. 2.

The chairperson and secretary of the meeting shall within 10 days after such meeting make a written certificate and sign their names thereto, and acknowledge the same before an officer authorized to take acknowledgments of conveyances; which certificate shall state the names and residences of the associates who attended such meeting; the corporate name of the association determined upon by the majority of the persons who met, the number of trustees fixed on to manage the concerns of the association; the names of trustees chosen at the meeting and the day fixed on for the annual election of trustees, which certificate shall be filed with the corporation and securities bureau of the department of commerce.

History: 1887, Act 69, Imd. Eff. Apr. 15, 1887; How. 3983f-2; CL 1897, 7655; CL 1915, 10086; CL 1929, 10351; CL 1948, 455.102; Am. 1982, Act 86, Imd. Eff. Apr. 19, 1982
Mich. Comp. Laws § 289.6101 — MI Code / Chapter 289 / Act Act-92-of-2000 / Section 289.6101
Incorporation by reference; changes or updates by rule; annexes.
Status: in_force

Sec. 6101.

(1) Chapters 1 through 8 of the food code are incorporated by reference except as amended and modified as follows:

(a) Where provisions of this act and rules specify different requirements.

(b) Section 3-401.14 is modified to read as follows:

"3-401.14 Non-Continuous Cooking of Raw Animal Foods.

Raw animal foods that are cooked using a non-continuous cooking process shall be:

(A) Subject to an initial heating process that is no longer than 60 minutes in duration; P

(B) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.14(A); P

(C) After cooling, held frozen or cold, as specified for potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.16(A)(2); P

(D) Prior to sale or service, cooked using a process that heats all parts of the food to a time/temperature specified in paragraph 3-401.11(A); P

(E) Cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.14(A) if not either hot held as specified under paragraph 3-501.16(A), served immediately, or held using time as a public health control as specified under section 3-501.19 after complete cooking; P and

(F) Stored as follows:

(1) After initial heating but prior to cooking as specified under paragraph (D) of this section, separate from ready-to-eat foods as specified under paragraph 3-302.11; Pf and

(2) After initial heating, but prior to complete cooking, marked or otherwise identified as foods that must be cooked as specified under paragraph (D) of this section prior to being offered for sale or service. Pf The food may be identified in any effective manner provided that the marking system is disclosed to the regulatory authority upon request.".

(c) Section 2-103.11(L) is modified to read as follows:

"Employees are properly trained in food safety as it relates to their assigned duties; Pf and".

(2) The director, by rule, may adopt any changes or updates to the food code.

(3) The annexes of the food code are considered persuasive authority for interpretation of the food code.

History: 2000, Act 92, Eff. Nov. 8, 2000; Am. 2002, Act 487, Imd. Eff. June 27, 2002; Am. 2007, Act 114, Eff. Apr. 1, 2008; Am. 2012, Act 178, Eff. Oct. 1, 2012
Mich. Comp. Laws § 487.1817 — MI Code / Chapter 487 / Act Act-89-of-1986 / Section 487.1817
Exemptions.
Status: in_force

Sec. 817.

By such orders or rules the commissioner considers necessary and appropriate, the commissioner may exempt from sections 809 to 815, either unconditionally or upon specified terms and conditions and for specified periods, a person or transaction or class of persons or transactions, if the commissioner finds that the exemption is in the public interest and that the regulation of the person, transaction, or class is not necessary for the purposes of this act.

In exempting a person or transaction or class of persons or transactions, the commissioner shall give consideration, as considered appropriate by the commissioner, to conflict of interest provisions of federal law or regulation that may be applicable to that person or transaction governing participants in federal financing programs.

History: 1986, Act 89, Imd. Eff. May 1, 1986
Mich. Comp. Laws § 560.101 — MI Code / Chapter 560 / Act Act-288-of-1967 / Section 560.101
Short title.
Status: in_force

Sec. 101.

This act shall be known and may be cited as the "land division act".

History: 1967, Act 288, Eff. Jan. 1, 1968; Am. 1996, Act 591, Eff. Mar. 31, 1997
Mich. Comp. Laws § 141.1602 — MI Code / Chapter 141 / Act Act-187-of-2014 / Section 141.1602
Legislative findings and declarations.
Status: in_force

Sec. 2.

The legislature finds and declares the following:

(a) If certain requirements are fulfilled, this state shall make a contribution to reduce deficiencies in pension benefits of members of retirement systems, in order to avoid additional ongoing and future litigation and to partially settle the city of Detroit's bankruptcy case, in return for, among other things, full releases from any claims against this state for alleged deficiencies in pension benefits.

(b) Partial settlement of the city of Detroit's bankruptcy case and this state's contribution in support serves important public purposes and will be beneficial to the entire state due to 1 or more of the following:

( i ) It will improve household income of pensioners, many of whom may reside in other parts of this state, and reduce the likelihood of their seeking public assistance.

( ii ) It will facilitate prompt resolution of the city of Detroit's bankruptcy case and save state taxpayers ongoing litigation costs.

( iii ) It will protect this state and its taxpayers from potential claims from parties associated with the retirement systems.

(c) Establishing the authority and execution by the authority of its powers granted under this act fulfill in all respects a public and governmental purpose for the benefit of the people of this state.

History: 2014, Act 187, Imd. Eff. June 20, 2014