FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 450.1495 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1495
Dismissal of derivative proceeding; determination.
Status: in_force

Sec. 495.

The court shall dismiss a derivative proceeding if, on motion by the corporation, the court finds that 1 of the groups specified in subsection (2) has made a determination in good faith after conducting a reasonable investigation upon which its conclusions are based that the maintenance of the derivative proceeding is not in the best interests of the corporation. If the determination is made pursuant to subsection (2)(a) or (b), the corporation shall have the burden of proving the good faith of the group making the determination and the reasonableness of the investigation. If the determination is made pursuant to subsection (2)(c) or (d), the plaintiff shall have the burden of proving that the determination was not made in good faith or that the investigation was not reasonable.

A determination under subsection (1) may be made by any 1 of the following:

By a majority vote of the disinterested directors, if the disinterested directors constitute a quorum at a meeting of the board.

By a majority vote of a committee consisting of 2 or more disinterested directors appointed by a majority vote of disinterested directors present at a meeting of the board, whether or not the disinterested directors constitute a quorum at the meeting.

By a panel of 1 or more disinterested persons appointed by the court upon motion by the corporation.

By all disinterested independent directors.

History: Add. 1989, Act 121, Eff. Oct. 1, 1989
Mich. Comp. Laws § 432.112 — MI Code / Chapter 432 / Act Act-382-of-1972 / Section 432.112
Enforcement, supervision, and administration of article; personnel; audit.
Status: in_force

Sec. 12.

(1) The bureau shall enforce and supervise the administration of this article. The commissioner shall employ personnel as necessary to implement this article.

(2) The bureau may select fraternal organizations that are not a branch, lodge, or chapter of a national or state organization to audit to ensure that the organizations are in compliance with this article.

History: 1972, Act 382, Eff. Apr. 1, 1973; Am. 1973, Act 34, Imd. Eff. June 21, 1973; Am. 1976, Act 193, Imd. Eff. July 15, 1976; Am. 1981, Act 229, Imd. Eff. Jan. 12, 1982; Am. 1999, Act 108, Eff. Mar. 10, 2000; Am. 2012, Act 189, Imd. Eff. June 20 2012; Am. 2019, Act 159, Imd. Eff. Dec. 20, 2019
Mich. Comp. Laws § 722.690 — MI Code / Chapter 722 / Act Act-33-of-1978 / Section 722.690
Manager of business enterprise renting or selling ultra-violent explicit video games; permitting minor to play or view prohibited; violation; penalty.
Status: in_force

Sec. 20.

A person who possesses managerial responsibility for a business enterprise renting or selling ultra-violent explicit video games that are harmful to minors shall not knowingly permit a minor who is not accompanied by a parent or guardian to play or view the playing of an ultra-violent explicit video game that is harmful to minors. A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $25,000.00, or both.

History: Add. 2005, Act 108, Eff. Dec. 1, 2005
Mich. Comp. Laws § 330.1240 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1240
Expenditures eligible for state financial support.
Status: in_force

Sec. 240.

All expenditures by a community mental health services program necessary to execute the program shall be eligible for state financial support, except those excluded under section 242. Expenditures necessary to carry out the responsibilities and duties of a community mental health services program include expenditures for staff training and staff education and for mental health research when those expenditures are necessary or appropriate to the execution of the program.

History: 1974, Act 258, Eff. Aug. 6, 1975; Am. 1995, Act 290, Eff. Mar. 28, 1996
Mich. Comp. Laws § 247.814 — MI Code / Chapter 247 / Act Act-286-of-1964 / Section 247.814
Replacement of state highway commissioner on boards, commissions, authorities, and agencies.
Status: in_force

Sec. 14.

The director or other person designated by the director shall replace the state highway commissioner on all boards, commissions, authorities, and agencies on which the commissioner holds membership by virtue of that office.

History: 1964, Act 286, Eff. Jan. 4, 1965; Am. 1978, Act 484, Imd. Eff. Dec. 1, 1978
Mich. Comp. Laws § 18.75 — MI Code / Chapter 18 / Act Act-105-of-1980 / Section 18.75
Committee on art in public places; creation; appointment, qualifications, and terms of members; vacancies; state architect as secretary and nonvoting member; expenses.
Status: in_force

Sec. 5.

The committee on art in public places is created within the department and shall consist of 7 members. Five of the members shall be appointed by the governor with the advice and consent of the senate. Three of the appointed members shall be professionals. One shall be an art museum director or curator, 1 an artist and 1 an art historian. Two of the appointed members shall be from the general public. The members shall not be eligible for consecutive reappointment. The sixth member shall be the director of the Detroit institute of arts. The seventh member shall be the director.

The term of office of the appointed members shall be 4 years, except of the members first appointed by the governor, 1 shall be appointed for a term of 2 years, 2 for a term of 3 years, and 2 for terms of 4 years. A vacancy on the committee shall be filled for the balance of the unexpired term in the same manner as the original appointment.

The state architect shall be the secretary of the board and a nonvoting member.

Members of the committee shall serve without pay. They shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.

History: 1980, Act 105, Imd. Eff. Apr. 30, 1980
Mich. Comp. Laws § 125.1201 — MI Code / Chapter 125 / Act Act-116-of-1963 / Section 125.1201
Economic expansion department; organization, subject to approval of governor.
Status: in_force

Sec. 1.

There is created a department of state government to be known as the department of economic expansion, consisting of the executive director of economic expansion as head of the department, a deputy executive director of economic expansion if appointed, such departmental divisions as the executive director establishes, and such other employees as are hereinafter provided for. The organization of the department is subject to the approval of the governor.

History: 1963, Act 116, Imd. Eff. May 10, 1963
Mich. Comp. Laws § 4.1204a — MI Code / Chapter 4 / Act Act-268-of-1986 / Section 4.1204a
Legislative calendar, notices, agendas, and listing of committees; availability on Internet; copyright or other proprietary interest or entitlement; fee prohibited.
Status: in_force

Sec. 204a.

Notwithstanding section 204, beginning January 1, 2001, the council shall make, for the current legislative session, the legislative calendar, notices of legislative committee and subcommittee meetings, including the agendas, and a listing of the committees of each house and their members available to the public on the Internet.

The information described in subsection (1) that is maintained by the council shall be made available in the shortest feasible time after the information is available. The information described in subsection (1) that is not maintained by the council shall be made available in the shortest feasible time after it is made available to the council.

This section does not alter or relinquish any copyright or other proprietary interest or entitlement of this state relating to any of the information made available under this section.

The council shall not charge a fee for the information provided in this section.

History: Add. 1998, Act 429, Imd. Eff. Dec. 30, 1998
Mich. Comp. Laws § 450.1448 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1448
Voting of redeemable shares.
Status: in_force

Sec. 448.

After written notice of redemption of redeemable shares has been mailed to the holders thereof and a sum sufficient to redeem the shares has been deposited with a bank or trust company with irrevocable instruction and authority to pay the redemption price to the holders thereof upon surrender of certificates therefor, the shares shall not be voted on any matter nor deemed to be outstanding shares.

History: 1972, Act 284, Eff. Jan. 1, 1973
Mich. Comp. Laws § 399.111 — MI Code / Chapter 399 / Act Act-69-of-1976 / Section 399.111
Historic sites; acquisition and maintenance by department of history, arts, and libraries.
Status: in_force

Sec. 1.

The department of history, arts, and libraries may acquire and maintain historic sites for use by the public. The department of history, arts, and libraries may receive lands or rights to lands in the name of the state and for the benefit of the public by either purchase or gift. The department of history, arts, and libraries may enter into contracts for the purchase of historic sites listed on the state register of historic sites, and on fulfillment of the terms and conditions in a contract may accept a deed or deeds.

History: 1976, Act 69, Imd. Eff. Apr. 5, 1976; Am. 2001, Act 73, Imd. Eff. July 24, 2001
Mich. Comp. Laws § 168.315 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.315
Payment by school district to county, city, and township.
Status: in_force

Sec. 315.

A school district shall pay to each county, city, and township that conducts a regular or special election for the school district an amount determined in accordance with this section.

If a school district's regular or special election is held in conjunction with another election conducted by a county, city, or township, the school district shall pay the county, city, or township 100% of the actual additional costs attributable to conducting the school district's regular or special election. If a school district's regular or special election is not held in conjunction with another election conducted by a county, city, or township, the school district shall pay the county, city, or township 100% of the actual costs of conducting the school district's regular or special election.

The county, city, or township shall present to a school district a verified account of actual costs of conducting the school district's regular or special election not later than 84 days after the date of the election. The school board shall pay or disapprove all or a portion of the verified account within 84 days after the school district receives a verified account of actual costs under this subsection.

If the school board disapproves all or a portion of a verified account of actual costs under subsection (3), the school board shall send a notice of disapproval along with the reasons for the disapproval to the county, city, or township. Upon request of a county, city, or township whose verified account or portion of a verified account was disapproved under this section, the school board shall review the disapproved costs with the county, city, or township.

A school board, county, city, or township shall use the agreement made between the department of treasury and the secretary of state, as required by section 487, as a basis for preparing and evaluating verified accounts under this section. The secretary of state shall assist a school board, county, city, or township in preparing and evaluating a verified account under this section. If a county, city, or township and a school board cannot agree on the actual costs of an election as prescribed by this section, the secretary of state shall determine those actual costs.

History: Add. 2003, Act 302, Eff. Jan. 1, 2005
Mich. Comp. Laws § 247.460 — MI Code / Chapter 247 / Act Act-59-of-1915 / Section 247.460
County road commissioners; administrative board.
Status: in_force

Sec. 60.

The county road commissioners shall work together as an administrative board in the performance of their work.

History: 1915, Act 59, Eff. Aug. 24, 1915; CL 1915, 4730; CL 1929, 4375; CL 1948, 247.460
Mich. Comp. Laws § 450.1842a — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1842a
Publication of notice of dissolution; requirements; claimants commencing proceedings within 1 year of notice.
Status: in_force

Sec. 842a.

A dissolved corporation may also publish notice of dissolution at any time after the effective date of dissolution and request that persons with claims against the corporation present them in accordance with the notice.

The notice must be in accord with both of the following:

Be published 1 time in a newspaper of general circulation in the county where the dissolved corporation's principal office, or if there is no principal office in this state, its registered office, is or was last located.

State that a claim against the corporation will be barred unless a proceeding to enforce the claim is commenced within 1 year after the publication date of the newspaper notice.

If the dissolved corporation publishes a newspaper notice in accordance with subsection (2), the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within 1 year after the publication date of the newspaper notice:

A claimant who did not receive written notice under section 841a.

A claimant whose claim was timely sent to the dissolved corporation but not acted on.

A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.

Notwithstanding subsection (3), a claimant having an existing claim known to the corporation at the time of publication in accordance with subsection (2) and who did not receive written notice under section 841a is not barred from commencing a proceeding until 6 months after the claimant has actual notice of the dissolution.

History: Add. 1989, Act 121, Eff. Oct. 1, 1989; Am. 1993, Act 91, Eff. Oct. 1, 1993; Am. 1997, Act 118, Imd. Eff. Oct. 24, 1997
Mich. Comp. Laws § 290.669 — MI Code / Chapter 290 / Act Act-232-of-1965 / Section 290.669
Action to enforce compliance; injunction; jurisdiction.
Status: in_force

Sec. 19.

The director may institute an action necessary to enforce compliance with this act, a rule promulgated under this act, or a marketing agreement or program adopted under this act and committed to his or her administration. In addition to any other remedy provided by law, the director may apply for relief by injunction to protect the public interest without being compelled to allege or prove that an adequate remedy at law does not exist. The application may be made to a court of competent jurisdiction.

History: 1965, Act 232, Eff. Mar. 31, 1966; Am. 1980, Act 196, Imd. Eff. July 8, 1980; Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002
Mich. Comp. Laws § 460.732 — MI Code / Chapter 460 / Act Act-174-of-2013 / Section 460.732
Governmental liability.
Status: in_force

Sec. 12.

(1) Except as provided in this section, this act does not affect the liability of a governmental agency for damages for tort or the application of 1964 PA 170, MCL 691.1401 to 691.1419.

(2) A facility owner or a facility operator may file a complaint with the commission seeking a civil fine and, if applicable, damages from a governmental agency under this section for any violation of this act.

(3) After notice and a hearing on a complaint under subsection (2), the commission may order the following, as applicable:

(a) If the commission has not issued an order against the governmental agency under this section within the preceding 12 months, a civil fine of not more than $5,000.00. In determining the amount of the fine, the commission shall consider the factors in section 11(2).

(b) If the commission has issued an order under subdivision (a) against the governmental agency within the preceding 12 months, both of the following:

( i ) A civil fine of not more than $10,000.00. In determining the amount of the fine, the commission shall consider the factors in section 11(2).

( ii ) That the governmental agency provide at its expense underground facility safety training to all its personnel involved in underground utility work or excavating.

(c) If the commission has issued an order under subdivision (b) against the governmental agency within the preceding 12 months, both of the following:

( i ) A civil fine of not more than $15,000.00. In determining the amount of the fine, the commission shall consider the factors in section 11(2).

( ii ) If the violation of this act by the governmental agency caused damage to the facilities of the facility owner or facility operator, that the governmental agency pay to the owner or operator the cost of repair of the facilities.

(4) A party to a complaint filed under this section or section 11 may file an appeal of a commission order issued under this section or section 11 in the Ingham county circuit court.

(5) This section does not apply if the violation of this act was a result of action taken in response to an emergency.

(6) A finding by the commission under this section is not admissible in any other proceeding or action.

(7) A civil fine ordered under this act shall be paid to the commission and used for underground facilities safety education and training.

(8) Each day upon which a violation described in this act occurs is a separate offense.

History: 2013, Act 174, Eff. Apr. 1, 2014
Mich. Comp. Laws § 324.21516 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.21516
Assignment or transfer of approved claim; notice.
Status: in_force

Sec. 21516.

(1) An owner or operator with a claim approved pursuant to section 21510 for which corrective action is in progress who sells or transfers the property that is the subject of the approved claim to another person may assign or transfer the approved claim to that other person. The person to whom the assignment or transfer is made is eligible to receive money from the authority as an owner or operator for the release which is the subject of the approved claim. Allowable, outstanding approved or paid work invoices of the owner or operator making the assignment or transfer may be counted toward the deductible amount of the person to whom the assignment or transfer is made.

(2) An owner or operator assigning or transferring an approved claim pursuant to this section shall notify the administrator of the proposed assignment or transfer at least 10 days before the effective date of the assignment or transfer.

History: 1994, Act 451, Eff. Mar. 30, 1995; Am. 2014, Act 416, Imd. Eff. Dec. 30, 2014; Am. 2016, Act 380, Eff. Mar. 22, 2017
Mich. Comp. Laws § 324.30320 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.30320
Inventories of wetland; use; updating; maps, ground surveys, and descriptions as public documents; availability and cost of aerial photographs and satellite telemetry data reproduction to county register of deeds.
Status: in_force

Sec. 30320.

As inventories of wetland are completed, the inventories shall be used as 1 of the criteria by the department in issuing permits. The inventories shall be periodically updated. The maps, ground surveys, and descriptions of wetlands included in the inventories shall be submitted to the respective county register of deeds and shall become a public document available to review by any member of the public.

Aerial photographs and satellite telemetry data reproductions shall be made available to the respective county register of deeds for cost as determined by the department.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 324.2104 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.2104
Exchange of lands; authorization; refund of application fee; approval or denial of application; application fee.
Status: in_force

Sec. 2104.

(1) Any of the lands under the control of the department, the title to which is in this state, and which may be sold and conveyed may be exchanged for lands of equal area or approximately equal value belonging to the United States or owned by private individuals if it is in the interest of this state to do so.

(2) If the department charged an application fee for a proposed sale of land under this part and the state land proposed for sale is instead sold to another party within 3 years after the date a completed application was received by the department from the prior applicant, the department shall refund the application fee in full to the prior applicant if the prior applicant has informed the department of his or her current address.

(3) Effective 60 days after the department receives an application from a private individual to exchange that individual's land for surplus state land, the application shall be considered to be complete unless the department proceeds as provided under subsection (4).

(4) If, before the expiration of the 60-day period under subsection (3), the department notifies the applicant, in writing, that the application is not complete, specifying the information necessary to make the application complete, or that the fee required under subsection (6) has not been paid, specifying the amount due, the running of the 60-day period under subsection (3) is tolled until the applicant submits to the department the specified information or fee amount due, at which time the application shall be considered to be complete.

(5) Within 210 days after the application is complete, or a later date agreed to by the applicant and the department, the department shall approve or deny the application and notify the applicant in writing. If the department denies the application, the notice shall set forth the specific reasons for the denial.

(6) The department shall charge a fee for an application for the exchange of state land. The fee shall be $300.00 plus, if the state land is more than 300 acres in size, the actual reasonable cost of processing the application.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995; Am. 1998, Act 28, Imd. Eff. Mar. 18, 1998; Am. 2018, Act 238, Eff. Sept. 25, 2018; Am. 2022, Act 2, Eff. Mar. 29, 2023