FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 450.2308 — MI Code / Chapter 450 / Act Act-162-of-1982 / Section 450.2308
Subscription for shares or membership; payment; installments; call for payment ratable; retention of security interest as security for performance by subscriber.
Status: in_force

Sec. 308.

Unless otherwise provided in the subscription agreement:

(a) A subscription for shares or for membership made before or after formation of a corporation shall be paid in full at the time, or in installments and at the times, as the board determines.

(b) A call made by the board for payment on subscriptions is ratable as to all shares or members of the same class.

(c) A corporation may retain a security interest in any shares or memberships as security for performance by the subscriber of the subscriber's obligations under a subscription agreement and subject to the power of sale or rescission on default provided in section 309.

History: 1982, Act 162, Eff. Jan. 1, 1983; Am. 2014, Act 557, Imd. Eff. Jan. 15, 2015
Mich. Comp. Laws § 333.21764 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.21764
Approval or disapproval of nonprofit corporation rendering assistance without charge.
Status: in_force

Sec. 21764.

(1) The director shall approve or disapprove a nonprofit corporation which has as 1 of its primary purposes the rendering of assistance, without charge to nursing home patients for the purpose of obtaining access to nursing homes and their patients under section 21763.

(2) On the receipt of a written application for approval under subsection (1), the director shall notify all persons that have made a written request for notice of applications made under this section.

(3) The director shall approve the organization making the request if the organization is a bona fide community organization or legal aid program, is capable of providing 1 or more of the services listed in section 21763, and is likely to utilize the access provided under section 21763 to enhance the welfare of nursing home patients. The director shall approve or disapprove the organization within 30 days after receiving the application.

History: Add. 1978, Act 493, Eff. Mar. 30, 1979; Am. 2022, Act 187, Imd. Eff. July 25, 2022
Mich. Comp. Laws § 333.5553 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5553
Definitions; C to E.
Status: in_force

Sec. 5553.

(1) "Contact lens" means a lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect. Contact lens includes, but is not limited to, a cosmetic, therapeutic, or corrective lens.

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

(3) "Diagnostic contact lens" means a contact lens used to determine a proper contact lens fit.

(4) "Examination and evaluation", for the purpose of writing a valid prescription, means an assessment of the ocular health and visual status of a patient that does not consist solely of objective refractive data or information generated by an automated refracting device or other automated testing device.

History: Add. 2014, Act 269, Eff. Sept. 30, 2014
Mich. Comp. Laws § 16.279 — MI Code / Chapter 16 / Act Act-380-of-1965 / Section 16.279
Commission of agriculture; appointment, qualifications, and terms of members; vacancy; election of officers; quorum; conducting business at public meeting; notice.
Status: in_force

Sec. 179.

The commission of agriculture shall consist of 5 members, not more than 3 of whom shall be members of the same political party, appointed by the governor by and with the advice and consent of the senate. The term of office of each member shall be 4 years, except that of members first appointed 2 shall be appointed for 1 year, 1 shall be appointed for 2 years, 1 shall be appointed for 3 years, and 1 shall be appointed for 4 years. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term. The commission shall elect from its members officers as it considers advisable. A majority of the commission members shall be required to constitute a quorum. The business which the commission of agriculture may perform shall be conducted at a meeting of the commission held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.

History: 1965, Act 380, Imd. Eff. July 23, 1965; Am. 1978, Act 179, Imd. Eff. June 4, 1978
Mich. Comp. Laws § 421.13f — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.13f
Reimbursement by nonprofit organization of benefits paid; charging benefits paid to rating account of nonprofit organization.
Status: in_force

Sec. 13f.

For benefit years established before the conversion date prescribed in section 75, the benefits paid on the basis of credit weeks earned with a nonprofit organization while it was a reimbursing employer shall be reimbursed by the nonprofit organization pursuant to section 13c(1) and the benefits paid on the basis of credit weeks earned with that nonprofit organization while it was a contributing employer shall be charged to the experience account of the nonprofit organization pursuant to section 20.

For benefit years established after the conversion date prescribed in section 75, the benefits paid on the basis of base period wages paid by a nonprofit organization while it was a reimbursing employer shall be reimbursed by the nonprofit organization pursuant to section 13c(1) and the benefits paid on the basis of base period wages paid by that nonprofit organization while it was a contributing employer shall be charged to the experience account of the nonprofit organization pursuant to section 20. Benefits paid to an individual and chargeable to the nonprofit organization on the basis that the nonprofit organization was the separating employer in the claim shall be charged to the experience account of the nonprofit organization if it was a contributing employer at the time of the separation, or shall be reimbursed by the nonprofit organization if it was a reimbursing employer at the time of the separation.

History: Add. 1971, Act 231, Imd. Eff. Jan. 3, 1972; Am. 1994, Act 162, Imd. Eff. June 17, 1994
Mich. Comp. Laws § 500.7715 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.7715
Examination and regulation of association by commissioner; financial report; report of activities.
Status: in_force

Sec. 7715.

The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved by the commissioner and a report of the association's activities during the preceding calendar year.

History: Add. 1982, Act 194, Imd. Eff. June 28, 1982
Mich. Comp. Laws § 700.3203 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3203
Priority among persons seeking appointment as a general personal representative.
Status: in_force

Sec. 3203.

(1) For either formal or informal proceedings, subject to subsection (2), persons who are not disqualified have priority for appointment as a general personal representative in the following order:

(a) The person with priority as determined by a probated will including a person nominated by a power conferred in a will.

(b) The decedent's surviving spouse if the spouse is a devisee of the decedent.

(c) Other devisees of the decedent.

(d) The decedent's surviving spouse.

(e) Other heirs of the decedent.

(f) After 42 days after the decedent's death, the nominee of a creditor if the court finds the nominee suitable.

(g) After 63 days after the decedent's death, or if the court determines exigent circumstances exist, the state or county public administrator if any of the following apply:

( i ) No interested person applied or petitioned for appointment of a personal representative within 63 days or the number of days determined by the court under this subdivision after the decedent's death.

( ii ) The decedent died apparently leaving no known heirs.

( iii ) There is no spouse, heir, or beneficiary under a will who is a United States resident and is entitled to a distributive share in the decedent's estate.

(2) An objection to the appointment of a personal representative may be made only in a formal proceeding. If an objection is made, the priorities prescribed by subsection (1) apply except in either of the following circumstances:

(a) If the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, on petition of creditors, the court may appoint any qualified person.

(b) If a devisee or heir who appears to have a substantial interest in the estate objects to the appointment of a person whose priority is not determined by will, the court may appoint a person who is acceptable to the devisees and heirs whose interests in the estate appear to be worth in total more than 1/2 of the probable distributable value or, if no person is acceptable to these devisees and heirs, any suitable person.

(3) A person entitled to letters under subsection (1)(b) to (e) may nominate a qualified person to act as personal representative. A person may renounce his or her right to nominate or to an appointment by filing an appropriate writing with the court. If 2 or more persons share a priority, those of them who do not renounce shall concur in nominating another to act for them or in applying for appointment.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2018, Act 13, Eff. May 7, 2018; Am. 2020, Act 59, Imd. Eff. Mar. 10, 2020
Mich. Comp. Laws § 330.1164 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1164
Duties of office.
Status: in_force

Sec. 164.

The office shall do all of the following:

Assess the mental health needs of multicultural populations in the state.

Recommend to the director of the department treatment methods and programs that are sensitive and relevant to the unique linguistic, cultural, and ethnic characteristics of multicultural populations.

Provide consultation, technical assistance, training programs, and reference materials to agencies and organizations serving multicultural populations.

Promote awareness of multicultural mental health concerns, and encourage, promote, and aid in the establishment of multicultural services.

Disseminate information on available multicultural services.

Provide adequate and effective opportunities for multicultural populations to express their views on departmental policy development and program implementation.

Request adequate funds for multicultural services from the director of the department.

History: Add. 1990, Act 124, Imd. Eff. June 26, 1990
Mich. Comp. Laws § 500.7040 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.7040
Financial statements and reports required to be filed; commingling of cash reserves prohibited.
Status: in_force

Sec. 7040.

(1) Each MEWA transacting business in this state shall file all of the following with the director:

(a) Within 180 days after the end of each fiscal year, financial statements audited by a certified public accountant. An actuarial opinion regarding reserves for known claims and associated expenses and incurred but not reported claims and associated expenses, in accordance with subdivision (c), must be included in the audited financial statement. The opinion must be rendered by an actuary approved by the director or who has 5 or more years of experience in this field.

(b) Within 60 days after the end of each fiscal quarter, unaudited financial statements, affirmed by an appropriate officer or agent of the MEWA.

(c) Within 60 days after the end of each fiscal quarter, a report certifying that the MEWA maintains reserves that are sufficient to meet its contractual obligations, and that it maintains a policy for excess loss insurance issued by an insurer authorized to do business in this state. The director, after hearing, shall establish general standards for the manner and amount of the excess loss insurance required by this subdivision. A MEWA shall maintain minimum cash reserves of not less than 25% of the aggregate contributions in the current fiscal year or not less than 35% of the claims paid in the preceding fiscal year, whichever is greater. Reserves must be calculated with proper actuarial calculations of all of the following:

( i ) Known claims, paid and outstanding.

( ii ) A history of incurred but not reported claims.

( iii ) Claims handling expenses.

( iv ) Unearned premiums.

( v ) An estimate for bad debts.

( vi ) A trend factor.

(d) A schedule of premium contributions, rates, and renewal projections.

(2) Cash reserves established under this section must be maintained in a separate, identifiable account and must not be commingled with other funds of the MEWA.

History: Add. 1986, Act 121, Eff. July 1, 1986; Am. 2022, Act 278, Eff. Mar. 29, 2023
Mich. Comp. Laws § 801.107 — MI Code / Chapter 801 / Act R-S-of-1846 / Section 801.107
Designation of jail of other county; officer to act.
Status: in_force

Sec. 7.

If in any county there shall not be a jail or the jail erected shall become unfit or unsafe for the confinement of prisoners or shall be destroyed by fire or otherwise, the circuit judge of the circuit court or any circuit court commissioner for such county and in the upper peninsula the district judge of the district court for such county, shall by an instrument in writing, to be filed with the clerk of the county, designate the jail of some other county for the confinement of the prisoners of such county; which shall thereupon, to all intents and purposes, except as herein otherwise provided, become the jail of the county for which it shall have been so designated.

History: R.S. 1846, Ch. 148; Am. 1855, Act 25, Imd. Eff. Feb. 7, 1855; CL 1857, 5581; CL 1871, 7368; How. 8945; CL 1897, 10538; CL 1915, 14766; CL 1929, 17703; CL 1948, 801.107
Mich. Comp. Laws § 722.981 — MI Code / Chapter 722 / Act Act-215-of-2008 / Section 722.981
Short title; definitions.
Status: in_force

Sec. 1.

(1) This act shall be known and may be cited as the "foster care independence act".

(2) As used in this act:

(a) "Adjudicated delinquent" means an individual found to have committed an offense that, if committed by an adult, would be a criminal offense.

(b) "Child abuse" and "child neglect" mean those terms as defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.

(c) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.

(d) "Department" means the department of human services.

(e) "Foster care" means 24-hour substitute care for children placed away from their parents or guardians for whom the state agency or child placing agency has placement and care responsibility. Foster care placement includes, but is not limited to, placement in foster family homes, child care institutions, and preadoptive placements.

(f) "Young adult" means an individual 14 years of age or older but less than 21 years of age.

History: 2008, Act 215, Imd. Eff. July 16, 2008
Mich. Comp. Laws § 15.507 — MI Code / Chapter 15 / Act Act-199-of-1976 / Section 15.507
Duration of participation in temporary assignment; extension of contract.
Status: in_force

Sec. 7.

An employee may not be on detail or on a status of leave in a temporary assignment pursuant to this act for more than 2 years, except that the parties to the contract may agree to extend the contract for not more than 2 years. An extension of a contract does not require approval of the department of civil service.

History: 1976, Act 199, Imd. Eff. July 23, 1976
Mich. Comp. Laws § 28.425g — MI Code / Chapter 28 / Act Act-372-of-1927 / Section 28.425g
Pistol or portable device that uses electro-muscular disruption technology; subject to seizure and forfeiture; exception.
Status: in_force

Sec. 5g.

A pistol or portable device that uses electro-muscular disruption technology carried in violation of this act is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. This section does not apply if the violation is a state civil infraction under section 5f unless the individual fails to present his or her license within the 45-day period described in that section.

History: Add. 2000, Act 381, Eff. July 1, 2001; Am. 2012, Act 123, Eff. Aug. 6, 2012
Mich. Comp. Laws § 125.2336 — MI Code / Chapter 125 / Act Act-96-of-1987 / Section 125.2336
Powers of department, prosecuting attorney, or law enforcement officer; evidence; copies of pleadings; assistance to local government or state agency.
Status: in_force

Sec. 36.

The department, a prosecuting attorney, or a law enforcement officer of a municipality may:

Make public or private investigations within or without this state he or she considers necessary to determine if a person violated or is about to violate this act or a rule promulgated or order issued under this act. The department may inspect any premises licensed under this act for violation of this act, the code, or rules promulgated pursuant to this act.

Require a licensee to file a written statement in response to a complaint of an alleged violation of this act or the rules promulgated under this act received by a local government and forwarded to the licensee. The statement shall state the facts and circumstances concerning the matter raised in the complaint. If the licensee does not make the required statement within 15 days after the licensee receives the letter requiring the written statement, the department, upon its own action or upon petition by the prosecuting attorney or law enforcement officer of the municipality issuing the letter, may issue an order directing a response by the licensee.

A prosecuting attorney or a law enforcement officer of a municipality shall present any evidence of an alleged violation of this act or rule promulgated under this act to the department. The department may refer the evidence as is available concerning violations of this act to the attorney general or the proper prosecuting attorney who, with or without a reference, may institute appropriate criminal proceedings under this act.

Before, or simultaneous with, the commencement of a criminal proceeding or a proceeding in which injunctive relief is sought by the local government, that local government shall serve copies of all pleadings in the matter upon the department.

The department shall render assistance to a local government or state agency. The department may use all investigative powers conferred upon it to assist a local government.

History: 1987, Act 96, Imd. Eff. July 6, 1987
Mich. Comp. Laws § 500.703 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.703
Claim reserves and claim expense reserves required; conditions; testing for adequacy and reasonableness.
Status: in_force

Sec. 703.

Claim reserves are required for all incurred but unpaid claims on all health insurance policies and certificates.

Appropriate claim expense reserves are required with respect to the estimated expense of settlement of all incurred but unpaid claims on health insurance policies and certificates.

All claim reserves on health insurance policies and certificates for prior valuation years are to be tested for adequacy and reasonableness consistent with claim runoff schedules in accordance with the insurer's annual statutory financial statement including consideration of any residual unpaid liability.

History: Add. 1994, Act 148, Imd. Eff. June 7, 1994
Mich. Comp. Laws § 125.1043 — MI Code / Chapter 125 / Act Act-243-of-1959 / Section 125.1043
Trailer coach parks; tax, remittance; reimbursement of licensee.
Status: in_force

Sec. 43.

All remittances of monthly taxes shall be made by the licensee on or before the fifth day of each month for the preceding month. Nothing in this act shall prohibit any licensee from reimbursing himself for the amount of each specific tax which he is obligated to collect and remit by adding to his charges for each parking space in his trailer coach park an amount equal to the specific tax levied hereunder.

History: 1959, Act 243, Eff. Mar. 19, 1960
Mich. Comp. Laws § 780.795 — MI Code / Chapter 780 / Act Act-87-of-1985 / Section 780.795
Factors in determining order of restitution by juvenile.
Status: in_force

Sec. 45.

In determining the amount of restitution to order under section 44, the court shall consider the amount of the loss sustained by any victim as a result of the offense. In determining whether to order the juvenile's supervisory parent to pay restitution under section 44(15), the court shall consider the financial resources of the juvenile's supervisory parent and the other factors specified in section 44(16).

The court may order the person preparing a report for the purpose of disposition to obtain information pertaining to the factors set forth in subsection (1). That person shall include the information collected in the disposition report or in a separate report, as the court directs.

The court shall disclose to the juvenile, the juvenile's supervisory parent, and the prosecuting attorney all portions of the disposition or other report pertaining to the matters described in subsection (1).

Any dispute as to the proper amount or type of restitution shall be resolved by the court by a preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the prosecuting attorney. The burden of demonstrating the financial resources of the juvenile's supervisory parent and the other factors specified in section 44(16) shall be on the supervisory parent.

History: Add. 1988, Act 22, Eff. June 1, 1988; Am. 1993, Act 341, Eff. May 1, 1994; Am. 1996, Act 562, Eff. June 1, 1997
Mich. Comp. Laws § 124.28 — MI Code / Chapter 124 / Act Act-425-of-1984 / Section 124.28
Conditionally transferred property; jurisdiction.
Status: in_force

Sec. 8.

Unless the contract specifically provides otherwise, property which is conditionally transferred by a contract under this act is, for the term of the contract and for all purposes, under the jurisdiction of the local unit to which the property is transferred.

History: 1984, Act 425, Eff. Mar. 29, 1985
Mich. Comp. Laws § 750.277 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.277
Promise to vendee of grain to sell at fictitious price; sale and transfer.
Status: in_force

Sec. 277.

Sale and transfer of note, etc., signature to which was procured as consideration for promise to vendee of grain to sell at fictitious price-Any person who shall sell, barter or dispose of, either for his own benefit or as the agent of any corporation, company, association or person, any bond, bill, receipt, promissory note, draft, check or other evidence of indebtedness, knowing the same to have been obtained as the whole or part consideration for any bond, contract, agreement, or promise given to the vendee of any grain, seed or cereals, binding the vendor or any other person, corporation, company or association, or agent thereof, to sell for such vendee any grain, seed or cereals, at a fictitious price, or at a price equal to or more than twice the market price of such grain, seed, or cereals, shall be guilty of a felony.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.277
Mich. Comp. Laws § 765.14 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 765.14
Deposit of cash; filing duplicate receipts in court, effect.
Status: in_force

Sec. 14.

The filing of 1 of such duplicate receipts in the court in which such bond or bail is required or permitted to be filed shall have the same effect as the furnishing of such bond or bail and shall be taken and given effect by such court and its officers in lieu of such bond or bail.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17176; CL 1948, 765.14