FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 600.6018 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.6018
Execution; realty.
Status: in_force

Sec. 6018.

All the real estate of any judgment debtor, including, but not limited to, interests acquired by parties to contracts for the sale of land, whether in possession, reversion or remainder, lands conveyed in fraud of creditors, equities and rights of redemption, leasehold interests including mining licenses, for mining ore or minerals, but not including tenancies at will, and all undivided interests whatever, are subject to execution, levy and sale except as otherwise provided by law.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 791.407 — MI Code / Chapter 791 / Act Act-511-of-1988 / Section 791.407
Membership and appointment of boards.
Status: in_force

Sec. 7.

(1) A county advisory board, regional advisory board, city-county advisory board, or city advisory board consists of the following:

(a) One member who is a county sheriff, or his or her designee.

(b) One member who is a chief of a city police department, or his or her designee.

(c) One member who is a judge of the circuit court or his or her designee.

(d) One member who is a judge of the district court or his or her designee.

(e) One member who is a judge of the probate court or his or her designee.

(f) One member who is a county commissioner or city councilperson. For a regional advisory board or a city-county advisory board, 1 county commissioner or councilperson from each participating city and county shall serve as a member.

(g) At least 1 and not more than 3 members selected from the following service areas: mental health, public health, substance abuse, employment and training, or community alternative programs.

(h) One member who is a county prosecuting attorney or his or her designee.

(i) One member who is a criminal defense attorney and who may be a local public defender.

(j) One member who is from the business community.

(k) One member who is from the communications media.

( l ) One member who is either a circuit court probation agent or a district court probation officer.

(m) One member who is affiliated with the applicable workforce investment board.

(2) For a county or regional advisory board, the county board or boards of commissioners shall appoint the members. For a city advisory board, the city council shall appoint the members. For the city-county advisory board, the county board of commissioners and the city council shall appoint the members. In appointing the members of an advisory board, the county and city shall ensure that minority individuals and women are fairly represented.

(3) Before an appointment is made under this section, the appointing authority shall publish advance notice of the appointments and shall request that the names of individuals interested in being considered for appointment be submitted to the appointing authority.

History: 1988, Act 511, Imd. Eff. Dec. 29, 1988; Am. 2014, Act 466, Imd. Eff. Jan. 12, 2015
Mich. Comp. Laws § 474.32 — MI Code / Chapter 474 / Act Act-341-of-2012 / Section 474.32
Fingerprint-based criminal history check.
Status: in_force

Sec. 2.

(1) Notwithstanding any other provision of law to the contrary, a transit service provider may require the fingerprinting of an employee who comes into contact with a vulnerable population for the purpose of obtaining criminal history record information. Fingerprints obtained pursuant to this section may be submitted to the department of state police for a state criminal history record check. The department of state police shall forward the employee's fingerprints to the federal bureau of investigation for a national criminal history record check.

(2) A fingerprint-based criminal history check under this act shall be conducted in a manner prescribed by the department of state police. The department of state police shall conduct the fingerprint-based criminal history check and provide a report of the results to the requesting transit service provider.

(3) The department of state police may charge a fee for the fingerprint-based criminal history check. A fee for a fingerprint-based criminal history check charged under this subsection shall not exceed the actual and reasonable cost of conducting the check.

(4) A transit service provider that fingerprints employees under this section shall develop a written fingerprint policy and shall provide those employees with a written synopsis of the fingerprinting policy that describes how fingerprints are taken, to whom the fingerprints are sent, and how the fingerprints are used.

(5) The department of state police shall store and maintain all fingerprints submitted under this act in an automated fingerprint identification system database that provides for an automatic notification when a subsequent criminal arrest fingerprint card submitted into the system matches a set of fingerprints previously submitted in accordance with this act. Upon a match, the department of state police shall immediately notify the transit service provider that employs the employee. After the federal bureau of investigation implements a similar automatic notification system, the department of state police shall forward notifications from that system to the transit service provider.

(6) Any criminal history data kept on file by the transit service provider are exempt from disclosure under section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL 15.243.

History: 2012, Act 341, Eff. Mar. 28, 2013
Mich. Comp. Laws § 455.52 — MI Code / Chapter 455 / Act Act-39-of-1889 / Section 455.52
Articles of association; capital stock; reorganization.
Status: in_force

Sec. 2.

The persons so associating shall sign articles of association which shall state:

First, The corporate name of the association;

Second, The names and residences of the persons thus associating;

Third, The purpose or purposes of such association;

Fourth, The number of trustees to manage the business of the association and their terms of office, also the names of trustees for the first year or until the annual meeting of the association;

Fifth, The county in which its real estate shall be situate and its meetings held;

Sixth, The term of its existence, which shall not exceed 30 years;

Seventh, They may also state therein the qualifications of persons eligible to the office of trustee and the terms and conditions of membership, and such other provisions for the management of the business, and the disposition of the real and personal property of the association, as they may desire, not inconsistent with the provisions of this act and the laws of this state. The persons so associating may, by a majority vote, provide for capital stock, in which case the articles of association shall state the amount thereof, which shall not exceed 50,000 dollars, in shares of 25 dollars each. Any corporation or association heretofore organized under any other law of this state, for the purposes named in this act, may, by a majority vote of the stock represented at any annual meeting thereof, reorganize under the provisions of this act.

History: 1889, Act 39, Imd. Eff. Mar. 29, 1889; How. 3983d-7; Am. 1897, Act 39, Imd. Eff. Mar. 26, 1897; CL 1897, 7640; CL 1915, 10063; CL 1929, 10328; CL 1948, 455.52
Mich. Comp. Laws § 432.12 — MI Code / Chapter 432 / Act Act-239-of-1972 / Section 432.12
Apportionment of revenue for payment of prizes; percentage.
Status: in_force

Sec. 12.

(1) Except as otherwise provided in subsection (2), as nearly as is practicable, not less than 45% of the total annual revenue accruing from the sale of lottery tickets or shares shall be apportioned for payment of prizes to the holders of winning tickets or shares.

(2) Notwithstanding subsection (1), the prize money from the sale of tickets or shares of any joint enterprise is that percentage of the total annual revenue accrued from that game as prescribed by the joint enterprise participation agreement executed by the commissioner.

History: 1972, Act 239, Imd. Eff. Aug. 1, 1972; Am. 1995, Act 53, Imd. Eff. May 22, 1995; Am. 1996, Act 95, Eff. Mar. 31, 1997; Am. 1996, Act 167, Imd. Eff. Apr. 17, 1996; Am. 1998, Act 393, Imd. Eff. Dec. 17, 1998; Am. 2002, Act 471, Imd. Eff. June 21, 2002; Am. 2006, Act 625, Imd. Eff. Jan. 3, 2007; Am. 2011, Act 279, Imd. Eff. Dec. 20, 2011
Mich. Comp. Laws § 330.1104 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1104
Director as head of department; authority; delegation; appointment of medical director of mental health services; clinical psychiatric decisions.
Status: in_force

Sec. 104.

(1) The head of the department is the director of mental health as provided in section 401 of the executive organization act of 1965, 1965 PA 380, MCL 16.501.

(2) All executive authority of and within the department is vested in the director, who may delegate that authority as he or she considers necessary or appropriate. Any authority that has by law been vested in any entity owned or operated by the department, or any employee of the department is exercisable by the director at his or her option. The director shall delegate authority for clinical decisions to appropriately trained clinical professionals. This subsection applies to each chapter of this act.

(3) The director shall appoint a medical director of mental health services who is an appropriately credentialed psychiatrist. The medical director shall do all of the following:

(a) Advise the director on mental health policy and treatment issues.

(b) Serve as a resource on mental health clinical matters to all divisions within the department, other state departments, and the mental health field.

(c) Promote the use of mental health care and treatment best practices that are scientifically validated and recovery oriented.

(4) Clinical psychiatric decisions regarding the admission, treatment, and discharge of psychiatric patients in state mental hospitals shall be made by qualified state hospital physicians or appropriately credentialed psychiatrists granted state hospital staff privileges under section 245.

History: 1974, Act 258, Eff. Aug. 6, 1975; Am. 1986, Act 287, Imd. Eff. Dec. 22, 1986; Am. 2006, Act 586, Imd. Eff. Jan. 3, 2007
Mich. Comp. Laws § 400.16 — MI Code / Chapter 400 / Act Act-280-of-1939 / Section 400.16
Budget; preparation by commission, submission to governor.
Status: in_force

Sec. 16.

The commission shall prepare and submit to the governor or budget director the estimated needs and costs to operate the state department, including the several institutions under the jurisdiction of the department, in accordance with the requirements of the laws of this state.

History: 1939, Act 280, Imd. Eff. June 16, 1939; CL 1948, 400.16
Mich. Comp. Laws § 333.18303 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.18303
Promulgation of rules; restricted use of words or titles; practice of occupational therapy or occupation therapy assistant; license required; exceptions.
Status: in_force

Sec. 18303.

(1) After the rules described in sections 18307 and 18309 are promulgated for licensure under this article, an individual shall not use the titles "occupational therapist", "o.t.", "occupational therapist licensed", "o.t.l.", "occupational therapist registered", "o.t.r.", "occupational therapist registered licensed", "o.t.r.l.", "certified occupational therapy assistant", "c.o.t.a.", "certified occupational therapy assistant licensed", "c.o.t.a.l.", "occupational therapy assistant", "o.t.a.", "occupational therapy assistant licensed", "o.t.a.l.", or similar words which indicate that he or she is licensed as an occupational therapist or occupational therapy assistant unless the individual is licensed under this article.

(2) After the rules described in sections 18307 and 18309 are promulgated for licensure under this part, an individual shall not engage in the practice of occupational therapy or the practice as an occupational therapy assistant unless licensed or otherwise authorized by this article.

(3) Subsection (2) does not prevent any of the following:

(a) Self-care by a patient or uncompensated care by a friend or family member who does not represent or hold himself or herself out to be a licensed occupational therapist or occupational therapy assistant.

(b) An individual licensed or registered under any other part or act from performing activities that are considered occupational therapy services if those activities are within the individual's scope of practice and if the individual does not use the titles protected under subsection (1).

(c) An orthotist or prosthetist from providing services consistent with his or her training in orthotics or prosthetics if he or she is certified by the American board for certification in orthotics, prosthetics and pedorthics and he or she does not represent or hold himself or herself out to be a licensed occupational therapist or occupational therapy assistant.

(d) A parks and recreation professional who is directly employed by a local unit of government or a therapeutic recreation specialist certified by the national council for therapeutic recreation certification from providing services if he or she does not represent or hold himself or herself out to be a licensed occupational therapist or occupational therapy assistant.

History: Add. 1988, Act 473, Imd. Eff. Dec. 28, 1988; Am. 2008, Act 523, Imd. Eff. Jan. 13, 2009
Mich. Comp. Laws § 557.111 — MI Code / Chapter 557 / Act Act-118-of-1978 / Section 557.111
Ownership of property acquired jointly after good faith marriage.
Status: in_force

Sec. 1.

If a marriage is contracted by 1 of the parties in good faith and without knowledge of a prior undissolved marriage of the other party, and if that other party predeceases the party who entered into the marriage in good faith, the real property and any land contract, bond, certificate of stock, mortgage, promissory note, debenture, or other evidence of indebtedness acquired jointly after the marriage by the parties, unless otherwise expressly provided by the parties, shall be considered at the time of the other party's death to have been owned by the parties with full right of survivorship.

History: 1978, Act 118, Imd. Eff. Apr. 19, 1978
Mich. Comp. Laws § 462.9 — MI Code / Chapter 462 / Act Act-300-of-1909 / Section 462.9
Charges for longer and shorter hauls; governing rate.
Status: in_force

Sec. 9.

It shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater fare or rate for the transportation of passengers or like kinds of property under substantially similar circumstances and conditions for a shorter than a longer distance over the same line, in the same direction, the shorter being included within the longer distance, but this act shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter distance as for a longer distance: Provided, however, That upon application to the commission appointed under the provisions of this act such common carrier may, in special cases after investigation by the commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property, and the commission may from time to time prescribe the extent to which a designated common carrier may be relieved from the operation of this section of this act. When there are 2 or more rates in effect between the same points, via the same route, the lowest published rate shall be the only legal rate applicable in this state. In the event a published through rate exceed any combination of 2 or more local rates between the same points within the state, the combination forming the lowest rate shall govern.

History: 1909, Act 300, Eff. Sept. 1, 1909; Am. 1915, Act 277, Eff. Aug. 24, 1915; CL 1915, 8117; CL 1929, 11025; CL 1948, 462.9
Mich. Comp. Laws § 380.617 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.617
Candidate for office of board member; nomination; election.
Status: in_force

Sec. 617.

In an intermediate school district in which sections 615 to 617 are effective, a candidate for the office of member of the intermediate school board shall be nominated, and members shall be elected, as provided in chapter XIV of the Michigan election law, MCL 168.301 to 168.315.

At the first election, 3 members of an intermediate school board shall be elected for a term of 6 years, 2 for a term of 4 years, and 2 for a term of 2 years. After the first election, their successors shall be elected biennially for terms of 6 years.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977; Am. 1977, Act 43, Imd. Eff. June 29, 1977; Am. 1980, Act 135, Imd. Eff. May 29, 1980; Am. 1984, Act 322, Eff. Dec. 28, 1984; Am. 1989, Act 268, Eff. Feb. 12, 1990; Am. 2002, Act 157, Eff. Jan. 1, 2003; Am. 2003, Act 299, Eff. Jan. 1, 2005
Mich. Comp. Laws § 339.2406 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.2406
Nonresident licensee; issuing license to foreign corporation; irrevocable consent to service of process; resolution authorizing consent; service of process or pleading.
Status: in_force

Sec. 2406.

A nonresident of this state may become a licensee under this article by conforming with this article. A license shall not be issued to a foreign corporation unless the corporation is authorized to do business in this state by the corporation and securities commission. The nonresident shall file an irrevocable consent to service of process. The consent shall be signed by the applicant or by an authorized officer, member, or partner of the applicant and shall be notarized. If the applicant is a corporation, consent shall be accompanied by a certified copy of the resolution of the corporation authorizing the consent. A process or pleading served upon the department shall be sufficient service upon the licensee. A process or pleading served upon the department under this section shall be in duplicate. The department immediately shall forward by registered mail 1 copy of the process or pleading to the main office of the licensee served.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Mich. Comp. Laws § 125.990m — MI Code / Chapter 125 / Act Act-120-of-1961 / Section 125.990m
Public meeting; compliance with open meetings act; public records; meeting location.
Status: in_force

Sec. 10m.

The board shall conduct business at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

A meeting of property owners under section 10c shall be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

A writing prepared, owned, used, in the possession of, or retained by the business improvement zone in the performance of its duties under this chapter is a public record under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

All meetings of the board or property owners described in this act shall be conducted within the city or village in which the business improvement zone is or is to be located.

History: Add. 2001, Act 260, Eff. Mar. 1, 2002
Mich. Comp. Laws § 168.509cc — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.509cc
Challenge of registration; response by voter; duties of clerk.
Status: in_force

Sec. 509cc.

If a registration is challenged under this act and the challenged voter does not respond in the manner provided in this act, the registration record of that voter remains challenged and election officials shall not allow the challenged voter to vote until he or she answers the grounds of the challenge in the manner provided in this act. If a registration is challenged under this act and an election official determines, based upon the response of the challenged voter, that the voter is qualified to vote, the election official shall allow the voter to vote and the clerk shall remove the identification as challenged from the registration record of that voter.

If a clerk does not independently determine that a challenged voter is qualified to vote or if the challenged voter does not respond to the challenge or fails to prove in his or her response to the challenge that he or she is qualified to vote during the period beginning on the date of the notice of challenge under this act and ending on the first business day immediately following the second November general election that is held after the date of the notice, the clerk shall cancel the registration of the voter and remove his or her name from the registration record of the city or township.

History: Add. 1994, Act 441, Imd. Eff. Jan. 10, 1995
Mich. Comp. Laws § 600.586 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.586
Sheriff, deputy sheriff, or county medical examiner licensed to practice law; prohibited conduct; exceptions; violation as civil infraction; penalty.
Status: in_force

Sec. 586.

A sheriff, deputy sheriff, or county medical examiner licensed to practice law in this state shall not do either of the following:

Serve process in an action in which he or she acts as attorney or counsel for a party.

Appear in court as attorney or counsel for a criminal defendant, except in a criminal or civil contempt proceeding.

This section does not prohibit either of the following:

A county from limiting or prohibiting the practice of law by a sheriff, deputy sheriff, or county medical examiner.

A sheriff from limiting or prohibiting the practice of law by a deputy sheriff.

A person who violates subsection (1) is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.

History: 1961, Act 236, Eff. Jan. 1, 1963; Am. 1992, Act 255, Eff. Mar. 31, 1993; Am. 1996, Act 177, Imd. Eff. Apr. 18, 1996
Mich. Comp. Laws § 168.426 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.426
Circuit court judges; not subject to recall.
Status: in_force

Sec. 426.

Judicial officers are not subject to recall as provided in section 8 of article 2 of the state constitution.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 59, Eff. Mar. 24, 1964
Mich. Comp. Laws § 566.35 — MI Code / Chapter 566 / Act Act-434-of-1998 / Section 566.35
Transfer by debtor as voidable.
Status: in_force

Sec. 5.

(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.

(3) Except as provided in subsection (4) and subject to section 2(2), a creditor that makes a claim for relief under subsection (1) or (2) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

(4) With respect to a qualified disposition, a creditor has the burden of proving the elements of the claim for relief by clear and convincing evidence.

History: 1998, Act 434, Imd. Eff. Dec. 30, 1998; Am. 2016, Act 552, Eff. Apr. 10, 2017; Am. 2022, Act 145, Imd. Eff. July 19, 2022