FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 333.26428 — MI Code / Chapter 333 / Act Initiated-Law-1-of-2008 / Section 333.26428
Defenses.
Status: in_force

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7(b), a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

(c) If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

(2) forfeiture of any interest in or right to property.

History: 2008, Initiated Law 1, Eff. Dec. 4, 2008; Am. 2012, Act 512, Eff. Apr. 1, 2013
Mich. Comp. Laws § 550.944 — MI Code / Chapter 550 / Act Act-218-of-1984 / Section 550.944
Additional prohibited conduct.
Status: in_force

Sec. 44.

A TPA shall not refuse to enter into a service contract or provide administrative services other than processing claims because of race, color, creed, marital status, sex, national origin, residence, age, disability, or lawful occupation.

A TPA or manager shall not misrepresent the financial condition of a TPA or of any person engaged in the business of insurance, or misrepresent the financial aspects of the services offered by the TPA or make a statement which is maliciously false, maliciously critical of, or maliciously derogatory to the financial condition of another TPA or of a person engaged in the business of insurance.

A TPA or manager shall not misrepresent the nature of the services provided by the TPA, including but not limited to, the existence or identity of any carrier or other TPA involved with the plan; the extent of risk assumed by any particular named carrier, if any; or the regulatory status of the carrier or TPA.

A TPA or manager shall not make, or participate in the making of, any fraudulent statement on a claims form for the purpose of obtaining money or other benefits.

A TPA shall process claims for benefits on a timely basis.

History: 1984, Act 218, Eff. Jan. 1, 1985; Am. 1998, Act 79, Imd. Eff. May 4, 1998
Mich. Comp. Laws § Article IV § 34 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article IV § 34
Bills, referendum.
Status: in_force

Sec. 34.

Any bill passed by the legislature and approved by the governor, except a bill appropriating money, may provide that it will not become law unless approved by a majority of the electors voting thereon.

History: Const. 1963, Art. IV, § 34, Eff. Jan. 1, 1964
Mich. Comp. Laws § Article I § 6 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article I § 6
Bearing of arms.
Status: in_force

Sec. 6.

Every person has a right to keep and bear arms for the defense of himself and the state.

History: Const. 1963, Art. I, § 6, Eff. Jan. 1, 1964
Mich. Comp. Laws § 21.52 — MI Code / Chapter 21 / Act Act-71-of-1919 / Section 21.52
Receiving or soliciting money, gift, emolument, or anything of value; purposes; misdemeanor; penalty.
Status: in_force

Sec. 12.

Any person appointed by the state treasurer to make the examinations provided for under this act, or any officer, clerk, or other employee of the state treasurer, who receives or solicits any money, gift, emolument, or anything of value for the purpose of being influenced in the matter of the examination of any public account authorized by this act, or for the purpose of being influenced to prevent or delay the examination of any public account, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 and not less than $200.00, or imprisonment for not more than 6 months and not less than 30 days, or both.

History: 1919, Act 71, Imd. Eff. Apr. 15, 1919; CL 1929, 311; CL 1948, 21.52; Am. 1985, Act 48, Imd. Eff. June 14, 1985; Am. 2002, Act 370, Imd. Eff. May 24, 2002
Mich. Comp. Laws § 479.10a — MI Code / Chapter 475 / Act Act-254-of-1933 / Section 479.10a
Lease, contract, or arrangement under which holder augments equipment.
Status: in_force

Sec. 10a.

(1) The lease, contract, or arrangement under which a holder augments his or her equipment shall specify the period for which the equipment is to be operated, which shall not be less than 30 days, and shall include a provision that the vehicle has, within the immediately preceding 12 months, passed an inspection under the motor carrier safety act, 1963 PA 181, MCL 480.11 to 480.25, and 49 CFR part 396.

(2) The lease, contract, or arrangement shall specify the compensation to be paid by the lessee or party to the contract or arrangement for the rental or use of the equipment.

(3) The lease, contract, or arrangement shall specify the time and date or the circumstance on which the contract, lease, or other arrangement begins, and the time or circumstance on which it ends.

(4) The lease, contract, or arrangement shall vest in the holder of the vehicle exclusive possession and control of the vehicle for the entire term of the lease, contract, or arrangement.

(5) The lease, contract, or arrangement shall provide that any operation of the vehicle shall be conducted under the exclusive supervision, direction, and control of the holder.

(6) The lease, contract, or arrangement shall provide that the vehicle, at all times while being operated under the lease, contract, or arrangement, shall be operated only by employees of the holder.

(7) The lease, contract, or arrangement shall be in the manner, form, and further content as the commission requires by rule.

(8) The lease, contract, or arrangement shall be executed in quadruplicate, and the original shall be filed with the commission. One copy shall be retained by the authorized motor carrier in whose service the equipment is to be operated, 1 copy shall be retained by the owner of the equipment, and 1 copy shall be carried on the equipment specified in the lease, contract, or arrangement during the entire period of the contract, lease, or other arrangement.

(9) The provisions of subsection (1) do not apply to and are not required of or between movers of household goods, when the equipment is used to transport household goods as defined by the commission.

History: Add. 1959, Act 232, Imd. Eff. Aug. 12, 1959; Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982; Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994; Am. 2014, Act 493, Eff. Apr. 1, 2015
Mich. Comp. Laws § 421.11a — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.11a
Privilege; waiver.
Status: in_force

Sec. 11a.

An individual who testifies voluntarily before another body concerning representations the individual made to the unemployment agency pursuant to the administration of this act waives any privilege under section 11 otherwise applying to the individual's representations to the unemployment agency.

History: Add. 2012, Act 422, Imd. Eff. Dec. 21, 2012
Mich. Comp. Laws § 324.19605 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.19605
Bonds as securities; investment of funds.
Status: in_force

Sec. 19605.

The bonds are securities in which banks, savings and loan associations, investment companies, credit unions, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all administrators, executors, guardians, trustees, and other fiduciaries may properly and legally invest funds, including capital, belonging to them or within their control.

History: Add. 1998, Act 288, Eff. Dec. 1, 1998
Mich. Comp. Laws § 390.109 — MI Code / Chapter 390 / Act Act-269-of-1909 / Section 390.109
State board of agriculture; disposition of moneys.
Status: in_force

Sec. 9.

The board shall direct the disposition of any moneys appropriated by the legislature or by congress for the agricultural college, for any experiment stations in connection therewith; and of any moneys otherwise received for the above purposes.

History: 1909, Act 269, Eff. Sept. 1, 1909; CL 1915, 1241; CL 1929, 7863; CL 1948, 390.109
Mich. Comp. Laws § 331.622 — MI Code / Chapter 331 / Act Act-217-of-1979 / Section 331.622
Terms and conditions of transfers.
Status: in_force

Sec. 2.

The transfers described in section 1 shall be accomplished only on the following terms and conditions:

The transfer of the Detroit receiving hospital shall be approved by the city of Detroit and the transfer of the clinics building owned by Wayne state university shall be approved by the board of governors of Wayne state university and the board of trustees of the health care institute, incorporated, a private nonprofit Michigan corporation.

Both transfers described in section 1 shall be accepted by the board of trustees of the Detroit medical center corporation.

The Detroit medical center corporation or its subsidiary shall establish an operating board of directors to direct the combined operation of the clinics building and the Detroit receiving hospital, subject to policies established by the board cf trustees of the Detroit medical center corporation.

The board of trustees of the Detroit medical center corporation shall appoint a 10-member operating board of directors, a majority of whom shall be composed of representatives from the city of Detroit and Wayne state university from slates nominated by the mayor of the city of Detroit and the president of Wayne state university, respectively. Wayne state university and the city of Detroit shall each have the same number of representatives on the operating board of directors.

The chief executive officer responsible for the combined operations shall be nominated by the Detroit medical center corporation and appointed by the operating board of directors.

The clinics building and Detroit receiving hospital shall continue to be operated at all times in a manner consistent with the purposes of those facilities as described in sections 3 and 4.

The Detroit receiving hospital shall not be sold, transferred, or otherwise disposed of, in whole or in part, in a manner which impairs the contractual obligations of the owner or lessee thereof with respect to outstanding bonds issued by the owner and payable from rentals to be paid by the lessee of the security therefor pursuant to any contracts or other obligations previously entered into for the benefit of the Detroit receiving hospital until all such bonds have been paid in full, both as to principal and interest, or until such full payment has been duly provided for.

Other terms and conditions as are agreed upon by the parties, consistent with subdivisions (a) to (e).

History: 1979, Act 217, Imd. Eff. Jan. 15, 1980
Mich. Comp. Laws § 380.1751 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1751
Special education programs and services of local school district.
Status: in_force

Sec. 1751.

(1) The board of a local school district shall provide special education programs and services designed to meet the individual needs of each student with a disability in its district on record under section 1711 for whom an appropriate educational or training program can be provided in accordance with the intermediate school district special education plan, in either of the following ways or a combination thereof:

(a) Operate the special education program or service.

(b) Contract with its intermediate school board, another intermediate school board, another local school district board, an adjacent school district board in a bordering state, the Michigan schools for the deaf and blind, the department of health and human services, or any combination thereof, for delivery of the special education programs or services, or with an agency approved by the superintendent of public instruction for delivery of an ancillary professional special education service. The intermediate school district of which the local school district is constituent shall be a party to each contract even if the intermediate school district does not participate in the delivery of the program or services.

(2) A local school district contract for the provision of a special education program or service shall provide specifically for:

(a) Special education buildings, equipment, and personnel necessary for the operation of the subject program or service.

(b) Transportation or room and board, or both, for persons participating in the programs or services as required under sections 1756 and 1757.

(c) The contribution to be made by the sending local school district if the program or service is to be operated by another party to the contract. The contribution shall be in accordance with rules promulgated by the superintendent of public instruction.

(d) Other matters the parties consider appropriate.

(3) Each program or service operated or contracted for by a local school district shall be in accordance with the intermediate school district's plan established pursuant to section 1711.

(4) A local school district may provide additional special education programs and services not included in, or required by, the intermediate school district plan.

(5) This section shall be construed to allow operation of programs by departments of state government without local school district contribution.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977; Am. 2008, Act 1, Imd. Eff. Jan. 11, 2008; Am. 2016, Act 532, Eff. Apr. 9, 2017
Mich. Comp. Laws § 125.465 — MI Code / Chapter 125 / Act Act-167-of-1917 / Section 125.465
Public halls in multiple dwellings; lighting; exit lights.
Status: in_force

Sec. 65.

Public halls, lighting at night. In every multiple dwelling all public halls shall be kept adequately lighted at all times by the owner. In every multiple dwelling of class "b", except those of fireproof construction having more than 15 rooms or sleeping accommodations for more than 30 persons, the location of stairways and means of egress shall be designated on each floor by electrically illuminated exit signs having letters at least 4 inches in height. All exit lights shall be on a separate circuit or circuits and wires shall be installed in approved metal raceway.

History: 1917, Act 167, Eff. Aug. 10, 1917; CL 1929, 2553; Am. 1939, Act 303, Eff. Sept. 29, 1939; CL 1948, 125.465
Mich. Comp. Laws § 558.7 — MI Code / Chapter 558 / Act R-S-of-1846 / Section 558.7
Dower in aliened lands; estimation.
Status: in_force

Sec. 7.

When a widow shall be entitled to dower out of any lands which shall have been aliened by the husband in his lifetime, and such lands shall have been enhanced in value after the alienation, such lands shall be estimated, in setting out the widow's dower, according to their value at the time when they were so aliened.

History: R.S. 1846, Ch. 66; CL 1857, 2778; CL 1871, 4275; How. 5739; CL 1897, 8924; CL 1915, 11660; CL 1929, 13078; CL 1948, 558.7
Mich. Comp. Laws § 257.2131 — MI Code / Chapter 257 / Act Act-345-of-2016 / Section 257.2131
Charging and collecting fee on behalf of transportation network company driver; conditions.
Status: in_force

Sec. 31.

On behalf of a transportation network company driver, a transportation network company may charge and collect a fee for services provided to a transportation network company rider, if all of the following are satisfied:

(a) The transportation network company discloses the fee calculation method on its website or within the software application service.

(b) The transportation network company provides the transportation network company rider with the applicable rate being charged and the option to receive an estimated fee before the transportation network company rider enters the transportation network company driver's personal vehicle.

History: 2016, Act 345, Eff. Mar. 21, 2017
Mich. Comp. Laws § 111.14 — MI Code / Chapter 81 / Act Act-215-of-1895 / Section 111.14
Taxes; lien on land.
Status: in_force

Sec. 14.

All taxes levied in any ward tax roll, shall be and remain a lien upon the lands upon which they are levied until paid.

History: 1895, Act 215, Eff. Aug. 30, 1895; CL 1897, 3331; CL 1915, 3255; CL 1929, 2177; CL 1948, 111.14
Mich. Comp. Laws § 141.1353 — MI Code / Chapter 141 / Act Act-554-of-2008 / Section 141.1353
Legislative findings.
Status: in_force

Sec. 3.

The legislature finds and declares all of the following:

(a) That there exists in this state a continuing need to strengthen and revitalize the economy of this state and of local units of government in this state and that it is in best interests of this state and local units of government in this state to promote tourism and convention business in order to assist in the prevention of unemployment and the alleviation of the conditions of unemployment, to preserve existing jobs, to facilitate economic development, and to create new jobs to meet employment demands.

(b) That it is necessary for the promotion of general welfare and a valid public purpose to assist and encourage the acquisition, construction, improvement, enlargement, renewal, replacement, repairing, financing, furnishing, and equipping of regional convention facilities and the real property on which they are located, to refinance these activities, and to enter into contracts and procure services necessary and appropriate for the development and ongoing management and operation of regional convention facilities in an efficient and effective manner.

(c) That a regional convention facility authority created under this act and the powers conferred by this act constitute a necessary program and serve a necessary public purpose.

History: 2008, Act 554, Eff. Jan. 20, 2009
Mich. Comp. Laws § 252.211 — MI Code / Chapter 252 / Act Act-219-of-1966 / Section 252.211
Interests in land to be acquired; methods.
Status: in_force

Sec. 11.

The interests in land authorized to be acquired under this act may be the fee simple or any lesser estate, as determined by the state highway department to be reasonably necessary to accomplish the purposes of this act. Acquisitions may be by gift, purchase, exchange or condemnation and shall be made in accordance with statutes governing acquisitions for highway purposes.

History: 1966, Act 219, Imd. Eff. July 11, 1966
Mich. Comp. Laws § 772.3 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 772.3
Warrant; issuance.
Status: in_force

Sec. 3.

If the judge determines from the examination that there is just reason to believe the person will commit an offense described in section 2 of this chapter, the judge may enter an order directing the person to appear on a date certain within 7 days. If the person fails to appear as ordered, the court shall issue a warrant. Alternatively, the court may issue a warrant directed to the sheriff or any peace officer, reciting the substance of the complaint and commanding that the person be promptly apprehended and brought before the court.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17390; CL 1948, 772.3; Am. 1994, Act 71, Eff. July 1, 1994
Mich. Comp. Laws § 399.406 — MI Code / Chapter 399 / Act Act-325-of-1990 / Section 399.406
Maritime museum advisory board; creation; membership; qualifications; terms; compensation; expenses; election of officers; meetings; quorum; decisions.
Status: in_force

Sec. 106.

The Michigan maritime museum advisory board is created within the department.

The maritime museum advisory board shall consist of 9 members appointed by the governor, including all of the following:

Two representatives from the city of South Haven.

One representative from the maritime corporation.

One representative from the maritime industry.

Two representatives from southwestern Michigan.

Three representatives of the general citizenry of the state, at least 1 of whom shall be a resident of the Upper Peninsula.

Each member of the maritime museum advisory board shall be a registered voter and a resident of this state. The governor may appoint 1 or more directors of the maritime corporation to serve on the maritime museum advisory board under subsection (2)(a), (c), (d), and (e).

Not more than 5 members of the maritime museum advisory board shall be of the same political party at any 1 time.

Except for members first appointed, each member of the maritime museum advisory board shall serve for a 4-year term. The initial term of office for the members first appointed under subsection (2) shall be determined at the first meeting of the maritime museum advisory board by the drawing of lots among the members with 3 members serving for 4 years, 3 members serving for 3 years, and 3 members serving for 2 years. Vacancies on the maritime museum advisory board shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

A member shall not receive compensation for his or her services as a member of the maritime museum advisory board, except for expenses incurred while acting as an official representative of the maritime museum advisory board, but not more than $75.00 per day for not more than 24 days per calendar year. All claims for expenses shall be paid from the maritime museum trust fund pursuant to voucher submitted to the department of treasury.

The members of the maritime museum advisory board annually shall elect a chairperson, vice-chairperson, and secretary.

The maritime museum advisory board shall meet not less than twice each calendar year at the call of the chairperson. A majority of the members shall constitute a quorum for the transaction of business. A decision of the maritime museum advisory board shall be made by majority vote of the members present and voting at a meeting of the maritime museum advisory board.

History: 1990, Act 325, Imd. Eff. Dec. 21, 1990