FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 700.5304 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.5304
Evaluation and report; hearing.
Status: in_force

Sec. 5304.

(1) If necessary, the court may order that an individual alleged to be incapacitated be examined by a physician or mental health professional appointed by the court who shall submit a report in writing to the court at least 5 days before the hearing set under section 5303. A report prepared as provided in this subsection must not be made a part of the proceeding's public record, but must be available to the court or an appellate court in which the proceeding is subject to review, to the alleged incapacitated individual, to the petitioner, to their respective legal counsels, and to other persons as the court directs. The report may be used as provided in the Michigan rules of evidence.

(2) The alleged incapacitated individual has the right to secure an independent evaluation, at the individual's own expense or, if indigent, at the expense of the state. Compensation for an independent evaluation at public expense must be in an amount that, based on time and expense, the court approves as reasonable.

(3) A report prepared under this section must contain all of the following:

(a) A detailed description of the individual's physical or psychological infirmities.

(b) An explanation of how and to what extent each infirmity interferes with the individual's ability to receive or evaluate information in making decisions.

(c) A listing of all medications the individual is receiving, the dosage of each medication, and a description of the effects each medication has on the individual's behavior.

(d) A prognosis for improvement in the individual's condition and a recommendation for the most appropriate rehabilitation plan.

(e) The signatures of all individuals who performed the evaluations on which the report is based.

(4) The individual alleged to be incapacitated is entitled to be present at the hearing to appoint a guardian or designate a standby guardian in person, and to see or hear all evidence bearing on the individual's condition. If the individual wishes to be present at the hearing, all practical steps must be taken to ensure the individual's presence, including, if necessary, moving the hearing site.

(5) The individual is entitled to be represented by legal counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or mental health professional and the visitor, and to trial by jury.

(6) The issue of incapacity may be determined at a closed hearing without a jury if requested by the individual alleged to be incapacitated or that individual's legal counsel.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024
Mich. Comp. Laws § 421.13a — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.13a
Contributions of nonprofit organizations; reimbursement payments in lieu of contributions; “nonprofit organization” defined; notice of election to become reimbursing employer; surety bond, irrevocable letter of credit, or other security; applicability of subsection (4).
Status: in_force

Sec. 13a.

Any nonprofit organization which is, or becomes, subject to this act after December 31, 1971, shall pay contributions as a contributing employer pursuant to section 13, unless it elects to make reimbursement payments in lieu of contributions as a reimbursing employer pursuant to sections 13a to 13c. For the purpose of this act, a nonprofit organization is an organization or group of organizations which is described in section 501(c)(3) of the federal internal revenue code and is exempt from income tax under section 501(a) of that code.

A nonprofit organization which is subject to this act on December 31, 1971, may elect to become a reimbursing employer for a period of not less than 2 calendar years beginning with January 1, 1972 if it files with the commission a written notice of its election within 30 days after January 1, 1972.

A nonprofit organization which becomes subject to this act on or after January 1, 1972, may elect to become a reimbursing employer for a period of not less than 2 calendar years beginning with the calendar year which contains the day when it became subject to this act by filing a written notice of its election with the commission not later than 30 days immediately following the date of determination that it was subject to this act.

A nonprofit organization subject to this act that elects to become a reimbursing employer on or after the effective date of the amendatory act that added this subsection shall execute and file a surety bond, irrevocable letter of credit, or other security as approved by the commission in an amount approved by the commission to secure the payment of its obligations under this act. This subsection shall not apply to any nonprofit reimbursing employer who pays $100,000.00 or less remuneration per calendar year for employment as determined by the commission.

History: Add. 1971, Act 231, Imd. Eff. Jan. 3, 1972; Am. 1989, Act 236, Imd. Eff. Dec. 21, 1989
Mich. Comp. Laws § 770.3 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 770.3
Appeal by aggrieved party.
Status: in_force

Sec. 3.

Subject to the limitations imposed by section 12 of this chapter and except as provided in section 16, an aggrieved party shall have a right of appeal from a final judgment or trial order as follows:

Except as otherwise provided in subdivision (d), in a felony or misdemeanor case tried in the circuit court, there shall be a right of appeal to the court of appeals.

Except as otherwise provided in subdivision (d), in a misdemeanor or ordinance violation case tried in a municipal court in a city that adopts a resolution of approval under section 23a of the Michigan uniform municipal court act, 1956 PA 5, MCL 730.523a, or tried in the district court, there shall be a right of appeal to the circuit court in the county in which the misdemeanor or ordinance violation was committed.

In a misdemeanor or ordinance violation case tried in a municipal court in a city that does not adopt a resolution of approval under section 23a of the Michigan uniform municipal court act, 1956 PA 5, MCL 730.523a, there shall be a right of appeal as provided in chapter XIV.

All appeals from final orders and judgments based upon pleas of guilty or nolo contendere shall be by application for leave to appeal.

An appeal from an interlocutory judgment or order in a felony, misdemeanor, or ordinance violation may be taken, in the manner provided by court rules, by application for leave to appeal to the same court of which a final judgment in that case would be appealable as a matter of right under subsection (1).

After expiration of the period prescribed for timely appeal, the appellate court may grant leave to appeal from any order or judgment from which timely appeal would have been available as of right, or by leave, upon conditions prescribed by court rules.

Further appellate review of matters appealed to the circuit court under subsection (1)(b), (1)(d), or (2) may be had only upon application for leave to appeal granted by the court of appeals.

Further appellate review of matters appealed to the recorder's court under subsection (1)(c) may be had only upon application for leave to appeal granted by the court of appeals.

Further review of any matter appealed to the court of appeals under this section may be had only upon application for leave to appeal granted by the supreme court.

An appeal as of right and an appeal by application for leave to appeal provided for in this section shall be taken pursuant to and within the time prescribed by court rules.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17357; CL 1948, 770.3; Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981; Am. 1981, Act 205, Eff. Jan. 1, 1982; Am. 1994, Act 374, Imd. Eff. Dec. 27, 1994; Am. 1998, Act 407, Eff. Jan. 1, 1999; Am. 2000, Act 402, Imd. Eff. Jan. 8, 2001
Mich. Comp. Laws § 115.22 — MI Code / Chapter 115 / Act Act-391-of-1913 / Section 115.22
Representation on board of supervisors; new census, petition; procedure.
Status: in_force

Sec. 2.

Whenever there is reason to believe that the population of any city of the class named in section 1 hereof has been reduced to less than 350 bona fide inhabitants, any member of the board of supervisors of the county in which such city is located may petition the circuit court jurisdiction for the appointment of a suitable person to take a census of such city. A copy of such petition shall be served upon the mayor of such city at least 5 days before such petition shall come on to be heard by the circuit judge of such circuit, together with a copy of an order to show cause why such census should not be taken, which in all such cases shall be issued by the judge having jurisdiction thereof, and returnable not later than 15 days from the date of the issuance thereof. Upon the return of such order to show cause, any resident of such city or county shall be entitled to be heard either in support of or as opposed to the taking of such census. If satisfied on such hearing that there is good reason to believe that the population of such city is less than 350 bona fide inhabitants, it shall be the duty of the circuit judge to direct the county clerk of such county to appoint a resident elector of the county, not a resident of such city, to enumerate the inhabitants of such city. Such enumeration shall be taken within 30 days after such appointment has been made and accepted.
Mich. Comp. Laws § 450.1924 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1924
Annual reports due or deficient; penalties and interest.
Status: in_force

Sec. 924.

Annual reports due or deficient prior to the date of this amendatory act shall be subject to the penalties and interest in effect at the statutory filing date. Interest shall accrue at such rates until the filing is completed.

History: Add. 1978, Act 32, Imd. Eff. Feb. 24, 1978
Mich. Comp. Laws § 600.412 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.412
Concurrent jurisdiction plan in effect on December 31, 2012; validity.
Status: in_force

Sec. 412.

A concurrent jurisdiction plan that was adopted, approved by the supreme court, and in effect on December 31, 2012, is considered valid and in compliance with the requirements of this chapter.

History: Add. 2012, Act 338, Eff. Jan. 1, 2013
Mich. Comp. Laws § 205.183 — MI Code / Chapter 205 / Act Act-175-of-2004 / Section 205.183
Charges for rooms or lodgings; tax credit.
Status: in_force

Sec. 13.

A person who paid a tax under the use tax act may calculate a credit and seek a refund from the department under this act in an amount equal to 6% of an assessment imposed under the convention and tourism marketing act, 1980 PA 383, MCL 141.881 to 141.889, 1974 PA 263, MCL 141.861 to 141.867, the state convention facility development act, 1985 PA 106, MCL 207.621 to 207.640, the regional tourism marketing act, 1989 PA 244, MCL 141.891 to 141.900, 1991 PA 180, MCL 207.751 to 207.759, or the community convention or tourism marketing act, 1980 PA 395, MCL 141.871 to 141.880, that was added to charges for rooms or lodgings subject to tax under section 3a of the use tax act, 1937 PA 94, MCL 205.93a, but not to exceed the actual amount of use tax paid on those assessments.

History: 2004, Act 175, Eff. Sept. 1, 2004
Mich. Comp. Laws § 600.8045 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8045
Fees.
Status: in_force

Sec. 8045.

The fees payable in civil actions in circuit court apply to cases in a business court, unless otherwise provided by law.

History: Add. 2012, Act 333, Eff. Jan. 1, 2013
Mich. Comp. Laws § 290.713 — MI Code / Chapter 290 / Act Act-344-of-1972 / Section 290.713
“Bargaining” defined; accredited association as exclusive representative; negotiations; notice.
Status: in_force

Sec. 13.

(1) As used in this act, "bargaining" means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. The obligation does not require either party to agree to a proposal or to make a concession. An accredited association is the exclusive representative of all producers in the bargaining unit for the purpose of bargaining with all handlers that purchase the agricultural commodity produced in the bargaining unit. Negotiations may include all terms relative to trading between handlers and producers of the agricultural commodity such as the following:

(a) Prices and related terms of sale.

(b) Quality specifications.

(c) Quantity to be marketed.

(d) Transactions involving products and services utilized by 1 party and provided to the other party.

(2) The parties shall notify the department of the commencement of negotiations.

History: 1972, Act 344, Eff. Mar. 30, 1973; Am. 2012, Act 119, Imd. Eff. May 2, 2012
Mich. Comp. Laws § 168.740 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.740
Voting; ballots, spoiling.
Status: in_force

Sec. 740.

If any elector inadvertently spoils a ballot, he shall return all of the ballots given him to the board, and said board shall deliver to him another ballot or set of ballots, all bearing the same number. One of the inspectors of election shall, upon the poll book and list, note the change in the number on the ballot or ballots given such elector.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1955, Act 271, Imd. Eff. June 30, 1955
Mich. Comp. Laws § 390.1345 — MI Code / Chapter 390 / Act Act-248-of-2005 / Section 390.1345
Restricted account; establishment and administration by department of treasury; use; carrying over money to next fiscal year.
Status: in_force

Sec. 5.

(1) The department of treasury shall establish and administer a restricted account in the general fund for the children of veterans tuition grant program. The department of treasury shall credit to the account money appropriated or received from any source, including, but not limited to, amounts appropriated under section 437 of the income tax act of 1967, 1967 PA 281, MCL 206.437, and earnings on the account. The department of treasury shall use the money in the account only to provide money to the authority for tuition grants under this act.

(2) Money in the account described in subsection (1) at the end of a fiscal year shall not revert to the general fund but shall be carried over in the account to the next fiscal year.

History: 2005, Act 248, Imd. Eff. Dec. 1, 2005
Mich. Comp. Laws § 123.756 — MI Code / Chapter 123 / Act Act-185-of-1957 / Section 123.756
Special assessments; certification of amounts to be spread.
Status: in_force

Sec. 26.

The director of public works shall certify annually to the county clerk, on or before the first day of the annual meeting of the board of supervisors, the amount due on the special assessment installment against each parcel of land in the district, which is to be spread upon the tax rolls of that year, and the interest upon all unpaid installments computed to March 1 following. The certificate shall be divided as between the several townships and cities in which the assessed lands are located. The board of supervisors shall order the amounts so certified to be spread upon the tax rolls of the cities and townships in which the properties are located. The county clerk shall certify to each assessing officer the several amounts to be spread as ordered by the board of supervisors and it shall be his duty to spread upon the tax rolls of that year, separately and immediately following the proper land descriptions, in a column marked "County Assessment Roll Number", the amount so certified to him by the county clerk.

History: 1957, Act 185, Imd. Eff. June 4, 1957
Mich. Comp. Laws § 418.381 — MI Code / Chapter 418 / Act Act-317-of-1969 / Section 418.381
Claim for compensation; time limit; extension of time period; payment for nursing or attendant care; compliance.
Status: in_force

Sec. 381.

(1) A proceeding for compensation for an injury under this act shall not be maintained unless a claim for compensation for the injury, which claim may be either oral or in writing, has been made to the employer or a written claim has been made to the agency either electronically, as prescribed by the director, or on forms prescribed by the director, within 2 years after the occurrence of the injury. In case of the death of the employee, the claim shall be made within 2 years after death. The employee shall provide a notice of injury to the employer within 90 days after the happening of the injury, or within 90 days after the employee knew, or should have known, of the injury. Failure to give such notice to the employer shall be excused unless the employer can prove that he or she was prejudiced by the failure to provide such notice. In the event of physical or mental incapacity of the employee, the notice and claim shall be made within 2 years from the time the injured employee is not physically or mentally incapacitated from making the claim. A claim shall not be valid or effectual for any purpose under this chapter unless made within 2 years after the later of the date of injury, the date disability manifests itself, or the last day of employment with the employer against whom claim is being made. If an employee claims benefits for a work injury and is thereafter compensated for the disability by worker's compensation or benefits other than worker's compensation, or is provided favored work by the employer because of the disability, the period of time within which a claim shall be made for benefits under this act shall be extended by the time during which the benefits are paid or the favored work is provided.

(2) Except as provided in subsection (3), if any compensation is sought under this act, payment shall not be made for any period of time earlier than 2 years immediately preceding the date on which the employee filed an application for a hearing with the agency.

(3) Payment for nursing or attendant care shall not be made for any period which is more than 1 year before the date an application for a hearing is filed with the agency.

(4) The receipt by an employee of any other occupational or nonoccupational benefit does not suspend the duty of the employee to comply with this section, except under the circumstances described in subsection (1).

History: 1969, Act 317, Eff. Dec. 31, 1969; Am. 1980, Act 357, Eff. Jan. 1, 1982; Am. 1981, Act 197, Eff. Jan. 1, 1982; Am. 1982, Act 32, Imd. Eff. Mar. 10, 1982; Am. 1985, Act 103, Imd. Eff. July 30, 1985; Am. 2011, Act 266, Imd. Eff. Dec. 19, 2011
Mich. Comp. Laws § 600.611 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.611
Circuit court; orders to effectuate judgments.
Status: in_force

Sec. 611.

Circuit courts have jurisdiction and power to make any order proper to fully effectuate the circuit courts' jurisdiction and judgments.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 206.516 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.516
"Veteran" and "widow or widower" defined.
Status: in_force

Sec. 516.

(1) "Veteran" means an individual who meets all of the following:

(a) Is a veteran as defined in section 1 of 1965 PA 90, MCL 35.61.

(b) Was a resident of this state at least 6 months prior to the time of entering the armed forces of the United States or was a resident of this state for at least 5 years prior to filing a claim under this chapter.

(c) Served in the armed forces during a period of war as described in 38 CFR 3.2, except that for purposes of this subdivision, "period of war" for the Vietnam era means the following:

( i ) February 28, 1961 through May 7, 1975 for a veteran who served during that period.

( ii ) On or after January 31, 1955 in an area of hazardous duty for which the veteran received an armed forces expeditionary medal or Vietnam service medal.

(d) Was discharged from service in the armed forces of the United States under honorable conditions or died while in service not as a result of his or her own misconduct.

(2) "Widow or widower" means the unmarried surviving spouse of a veteran or serviceperson who receives a widow's or widower's pension from the United States Department of Veterans Affairs. Widow or widower includes the unremarried surviving spouse of the person who previously qualified as a claimant.

History: Add. 1973, Act 20, Imd. Eff. May 16, 1973; Am. 1987, Act 254, Imd. Eff. Dec. 28, 1987; Am. 2016, Act 212, Eff. Sept. 20, 2016
Mich. Comp. Laws § 168.482a — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.482a
Paid signature gatherer; affidavit; invalidity of signatures.
Status: in_force

Sec. 482a.

(1) If an individual who circulates a petition under section 482 is a paid signature gatherer, then that individual must, before circulating any petition, file a signed affidavit with the secretary of state that indicates he or she is a paid signature gatherer.

(2) Any signature obtained on a petition under section 482 by an individual who has not filed the required affidavit under subsection (1) is invalid and must not be counted.

(3) If the circulator of a petition under section 482 provides or uses a false address or provides any fraudulent information on the certificate of circulator, any signature obtained by that circulator on that petition is invalid and must not be counted.

(4) If a petition under section 482 is circulated and the petition does not meet all of the requirements under section 482, any signature obtained on that petition is invalid and must not be counted.

(5) Any signature obtained on a petition under section 482 that was not signed in the circulator's presence is invalid and must not be counted.

History: Add. 2018, Act 608, Imd. Eff. Dec. 28, 2018
Mich. Comp. Laws § 722.984 — MI Code / Chapter 722 / Act Act-215-of-2008 / Section 722.984
Goods and services.
Status: in_force

Sec. 4.

(1) The department may provide at least all of the following goods and services to eligible young adults in the foster care independence program:

(a) Services that are not available from other funding sources or agencies for eligible young adults currently in the foster care system and for young adults released from foster care before reaching 21 years of age.

(b) Educational support.

(c) Classes or groups on interpersonal communication and building and maintaining relationships and classes or groups on independent living skills.

(d) Stipends to cover the cost of utility deposits, security deposits, and first month's rent to eligible young adults who are leaving foster care or have left foster care because they have reached 18 years of age but have not reached 21 years of age. The first month's rent and damage deposit may only be provided to young adults 18 to 21 years of age who are leaving foster care or who have left foster care because they attained 18 or 19 years of age and have not reached 21 years of age.

(2) The department shall make known a list of goods and services provided under the program established in this act.

History: 2008, Act 215, Imd. Eff. July 16, 2008