reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 58 of 1893 - Seating in House (4.61 - 4.61) › Section 4.61 - House of Representatives; Assignment of Seats; Applicability of Act.

4.61 House of representatives; assignment of seats; applicability of act.
Sec. 1.
(1) As a part of the organization of the house of representatives on the first day of the first regular session of each legislature, the clerk shall allocate the seats in the hall of the house between the political parties whose members were duly elected to the office of state representative at the immediately preceding general election.
(2) The majority leader of the house of representatives shall assign each member of the majority caucus to a seat. The minority leader of the house of representatives shall assign each member of the minority caucus to a seat.
(3) If any member is not assigned a seat under subsection (2), the majority leader of the house of representatives shall assign that member to a seat.
(4) The assignments to a seat under this section must be printed in the house journal.
(5) This act does not apply if section 54 of article IV of the state constitution of 1963 is repealed or is amended after the effective date of the amendatory act that added this subsection.
History:
1893, Act 58, Eff. Aug. 28, 1893 ;-- CL 1897, 10 ;-- CL 1915, 10 ;-- CL 1929, 11 ;-- CL 1948, 4.61 ;-- Am. 1953, Act 25, Eff. Oct. 2, 1953 ;-- Am. 1955, Act 142, Eff. Oct. 14, 1955 ;-- Am. 1970, Act 168, Imd. Eff. Aug. 3, 1970 ;-- Am. 2020, Act 300, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 4 - Legislature › R.S. of 1846 - Revised Statutes of 1846 (4.82 - 4.85) › R-S-1846-4-82-2 - Chapter 2 of the Legislature. (4.82...4.85) › Section 4.82 - Contempts; Punishable Offenses.

4.82 Contempts; punishable offenses.
Sec. 2.
Each house may punish as a contempt, and by imprisonment, a breach of its privileges, or the privileges of its members, but only for 1 or more of the following offences, to wit: First, The offence of arresting a member or officer of the house, or procuring such member or officer to be arrested, in violation of his privilege from arrest. Second, That of disorderly conduct in the immediate view of the house, and directly tending to interrupt its proceedings. Third, That of refusing to attend, or be examined as a witness, either before the house, or a committee, or before any person authorized by the house, or by a committee, to take testimony in legislative proceedings: Fourth, That of giving or offering a bribe to a member, or of attempting by menace, or other corrupt means, or device directly or indirectly to control or influence a member in giving his vote, or to prevent his giving the same: but the term of imprisonment which such house may impose for any contempt specified in this section shall not extend beyond the same session of the legislature.
History:
R.S. 1846, Ch. 2 ;-- CL 1857, 18 ;-- CL 1871, 21 ;-- How. 38 ;-- CL 1897, 35 ;-- CL 1915, 48 ;-- CL 1929, 15 ;-- CL 1948, 4.82
2023 Michigan Compiled Laws › Chapter 4 - Legislature › R.S. of 1846 - Revised Statutes of 1846 (4.82 - 4.85) › R-S-1846-4-82-2 - Chapter 2 of the Legislature. (4.82...4.85) › Section 4.83 - Contempts; Misdemeanor; Penalty.

4.83 Contempts; misdemeanor; penalty.
Sec. 3.
Every person who shall be guilty of any contempt specified in the preceding section shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the state prison, not exceeding 5 years, or by imprisonment in the county jail, not exceeding 1 year, or by fine, not exceeding 1,000 dollars, or by both such fine and imprisonment in the county jail, in the discretion of the court.
History:
R.S. 1846, Ch. 2 ;-- CL 1857, 19 ;-- CL 1871, 22 ;-- How. 39 ;-- CL 1897, 36 ;-- CL 1915, 49 ;-- CL 1929, 16 ;-- CL 1948, 4.83
2023 Michigan Compiled Laws › Chapter 4 - Legislature › R.S. of 1846 - Revised Statutes of 1846 (4.82 - 4.85) › R-S-1846-4-82-2 - Chapter 2 of the Legislature. (4.82...4.85) › Section 4.84 - Administration of Oath of Office.

4.84 Administration of oath of office.
Sec. 4.
The oath of office of any member or officer of the senate or house of representatives may be administered by, and taken and subscribed before, the secretary of the senate, the clerk of the house of representatives, any justice of the supreme court, the lieutenant governor, the president pro tempore of the senate, or the speaker of the house of representatives.
History:
R.S. 1846, Ch. 2 ;-- CL 1857, 20 ;-- CL 1871, 23 ;-- How. 40 ;-- CL 1897, 37 ;-- CL 1915, 50 ;-- CL 1929, 17 ;-- CL 1948, 4.84 ;-- Am. 2014, Act 397, Imd. Eff. Dec. 26, 2014
Compiler's Notes:
The office of Chancellor was abolished by Act 23 of 1847.
2023 Michigan Compiled Laws › Chapter 4 - Legislature › R.S. of 1846 - Revised Statutes of 1846 (4.82 - 4.85) › R-S-1846-4-82-2 - Chapter 2 of the Legislature. (4.82...4.85) › Section 4.85 - Oath of Witnesses.

4.85 Oath of witnesses.
Sec. 5.
Any senator or representative while acting as a member of a committee of the legislature, or either branch thereof, shall have authority to administer oaths to such persons as shall be examined before the committee of which he is a member.
History:
R.S. 1846, Ch. 2 ;-- CL 1857, 21 ;-- CL 1871, 24 ;-- How. 41 ;-- CL 1897, 38 ;-- CL 1915, 51 ;-- CL 1929, 18 ;-- CL 1948, 4.85
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 118 of 1931 - Powers of Legislative Committees (4.101 - 4.101) › Section 4.101 - Legislative Committees; Powers, Punishment for Contempt.

4.101 Legislative committees; powers, punishment for contempt.
Sec. 1.
Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions. Any witness who neglects or refuses to obey a subpoena of any of such committees or commissions, or who refuses to be sworn or testify, or who fails on demand to produce any papers, books or documents touching any matter under investigation, or any witness or attorney who is guilty of any contempt while in attendance at any hearing before any of such committees or commissions, may be punished as for contempt of the legislature.
History:
1931, Act 118, Imd. Eff. May 18, 1931 ;-- CL 1948, 4.101
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 127 of 1901 - Oaths, Depositions, and Acknowledgments (4.121 - 4.121) › Section 4.121 - Oaths, Depositions, Acknowledgments; Powers of Legislators.

4.121 Oaths, depositions, acknowledgments; powers of legislators.
Sec. 1.
During his term of office, every senator and representative in the state legislature is hereby authorized, by virtue of his office to administer oaths, take depositions and acknowledgments.
History:
1901, Act 127, Eff. Sept. 5, 1901 ;-- CL 1915, 52 ;-- CL 1929, 19 ;-- CL 1948, 4.121
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 304 of 1913 - Oaths of Office (4.141 - 4.141) › Section 4.141 - Oaths of Office; Preservation.

4.141 Oaths of office; preservation.
Sec. 1.
It is hereby made the duty of the secretary of the senate and the clerk of the house of representatives, of each succeeding session of the legislature, to have the oaths of office of the members and officers of their respective bodies, bound together in a proper volume for filing and record, and present the same to the secretary of state, to be by that officer filed and preserved of record.
History:
1913, Act 304, Eff. Aug. 14, 1913 ;-- CL 1915, 53 ;-- CL 1929, 20 ;-- CL 1948, 4.141
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Repealed - Act 158 of 1897 - Preservation of Bills and Resolutions (4.161 - 4.163)

PRESERVATION OF BILLS AND RESOLUTIONS
Act 158 of 1897
4.161-4.163 Repealed. 1973, Act 74, Imd. Eff. July 23, 1973.
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 150 of 1969 - Property Tax Legislation (4.171 - 4.171) › Section 4.171 - Bills Affecting Local Revenues; Fiscal Note.

4.171 Bills affecting local revenues; fiscal note.
Sec. 1.
Any bill introduced in the house of representatives or in the state senate which increases or decreases local property taxes or revenues shall have incorporated by the treasury department as a note to the bill a reliable estimate of the amount therein involved.
History:
1969, Act 150, Eff. Mar. 20, 1970
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 18 of 1869 - Expenses of Legislature (4.181 - 4.184) › Section 4.181 - Witnesses Before Legislative Committees; Compensation, Mileage Allowance.

4.181 Witnesses before legislative committees; compensation, mileage allowance.
Sec. 1.
Whenever any witness shall be subpoenaed to appear before a committee of the legislature by authority of either branch thereof the compensation of such witness shall be $5.00 for each day, or any portion thereof, and for traveling at the rate of 15 cents per mile in going to the place of attendance to be computed from the residence of such witness, and the amount of compensation due to such witness shall be paid in the same manner as other legislative expenses are paid, out of moneys appropriated to the legislature.
History:
1869, Act 18, Imd. Eff. Feb. 24, 1869 ;-- CL 1871, 25 ;-- How. 66 ;-- CL 1897, 14 ;-- CL 1915, 28 ;-- CL 1929, 55 ;-- CL 1948, 4.181 ;-- Am. 1957, Act 15, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 18 of 1869 - Expenses of Legislature (4.181 - 4.184) › Section 4.182 - Committee Expenses; Payment.

4.182 Committee expenses; payment.
Sec. 2.
Any committee of either branch of the legislature visiting any state institution or other place where such visit is authorized by either branch of the legislature, shall be paid only actual and necessary expenses. Such expenses shall be paid in the same manner as other legislative expenses are paid, out of moneys appropriated to the legislature.
History:
1869, Act 18, Imd. Eff. Feb. 24, 1869 ;-- CL 1871, 26 ;-- How. 67 ;-- Am. 1891, Act 164, Eff. Oct. 2, 1891 ;-- CL 1897, 15 ;-- CL 1915, 29 ;-- CL 1929, 56 ;-- CL 1948, 4.182 ;-- Am. 1957, Act 15, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 18 of 1869 - Expenses of Legislature (4.181 - 4.184) › Section 4.183 - Sergeant at Arms; Traveling Expenses for Summoning Witnesses.

4.183 Sergeant at arms; traveling expenses for summoning witnesses.
Sec. 3.
The sergeant at arms of the respective branches of the legislature shall be allowed no extra compensation for services performed in subpoenaing witnesses to appear before any committee of the legislature other than the sergeant's necessary traveling expenses, which sum shall be paid in the same manner as other legislative expenses are paid, out of moneys appropriated to the legislature.
History:
1869, Act 18, Imd. Eff. Feb. 24, 1869 ;-- CL 1871, 27 ;-- How. 68 ;-- CL 1897, 16 ;-- CL 1915, 30 ;-- CL 1929, 57 ;-- CL 1948, 4.183 ;-- Am. 1957, Act 15, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 18 of 1869 - Expenses of Legislature (4.181 - 4.184) › Section 4.184 - Incidental Expenses; Payment.

4.184 Incidental expenses; payment.
Sec. 4.
Any or all expenses incidental to the sessions of the legislature, authorized by either branch thereof shall be paid in the same manner as other legislative expenses are paid, out of moneys appropriated to the legislature.
History:
1869, Act 18, Imd. Eff. Feb. 24, 1869 ;-- CL 1871, 28 ;-- How. 69 ;-- CL 1897, 17 ;-- CL 1915, 31 ;-- CL 1929, 58 ;-- CL 1948, 4.184 ;-- Am. 1957, Act 15, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 119 of 1863 - Adjournment Dates of Sessions (4.201 - 4.202) › Section 4.201 - Legislative Adjournment Dates Since 1850; Publication.

4.201 Legislative adjournment dates since 1850; publication.
Sec. 1.
That it shall be and hereby is made the duty of the secretary of state to make his certificate, stating the exact date of the end of each and every session of each and every legislature of this state, held since the year 1850 which certificate shall be printed and published with the laws of the present session of the legislature.
History:
1863, Act 119, Imd. Eff. Mar. 17, 1863 ;-- CL 1871, 219 ;-- How. 48 ;-- CL 1897, 47 ;-- CL 1915, 61 ;-- CL 1929, 37 ;-- CL 1948, 4.201
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 119 of 1863 - Adjournment Dates of Sessions (4.201 - 4.202) › Section 4.202 - Future Legislative Adjournment Dates; Publication.

4.202 Future legislative adjournment dates; publication.
Sec. 2.
It shall be and hereby is made the duty of the secretary of state to make his certificate of the date of the end of the session of the legislature now in session, and of each and every session of the present or any succeeding legislature hereafter to be held which certificate shall be printed and published with the laws of the session of the legislature to which it refers which certificates and each of them so published, as aforesaid, shall be received as prima facie evidence of the facts therein stated in all the courts of this state.
History:
1863, Act 119, Imd. Eff. Mar. 17, 1863 ;-- CL 1871, 220 ;-- How. 49 ;-- CL 1897, 48 ;-- CL 1915, 62 ;-- CL 1929, 38 ;-- CL 1948, 4.202
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 167 of 1943 - Interim Legislative Committees (4.221 - 4.221) › Section 4.221 - Interim Session Legislative Committees and Commissions.

4.221 Interim session legislative committees and commissions.
Sec. 1.
Committees and commissions of or appointed by the legislature, or either house thereof, may by resolution of the legislature, or either house thereof, perform and exercise such powers and authority in the interim between sessions of the legislature as shall be delegated to such committees or commissions in said resolution or resolutions.
History:
1943, Act 167, Imd. Eff. Apr. 17, 1943 ;-- CL 1948, 4.221
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 305 of 1915 - Interim Duties of Secretary and Clerk (4.241 - 4.242) › Section 4.242 - Repealed. 1961, Act 24, Imd. Eff. May 10, 1961.

4.242 Repealed. 1961, Act 24, Imd. Eff. May 10, 1961.
Compiler's Notes:
The repealed section required publication of a township officers' guide.
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 463 of 1996 - Redistricting Plans (4.261 - 4.265) › Section 4.261a - Senate and House Districts; Violation of Voting Rights Act of 1965 Prohibited.

4.261a Senate and house districts; violation of voting rights act of 1965 prohibited.
Sec. 1a.
Senate and house districts shall not violate section 2 of title I of the voting rights act of 1965, Public Law 89-110, 42 U.S.C. 1973.
History:
Add. 1999, Act 223, Eff. Mar. 10, 2000
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 463 of 1996 - Redistricting Plans (4.261 - 4.265) › Section 4.262 - Jurisdiction of Supreme Court to Decide Cases or Controversies Involving Redistricting Plan; Procedures for Review of Legislative Redistricting Plan; Modification of Plan; Remand to Special Master.

4.262 Jurisdiction of supreme court to decide cases or controversies involving redistricting plan; procedures for review of legislative redistricting plan; modification of plan; remand to special master.
Sec. 2.
(1) The supreme court shall have original and exclusive state jurisdiction to hear and decide all cases or controversies in Michigan's 1 court of justice involving a redistricting plan under this act. A case or controversy in Michigan's 1 court of justice involving a redistricting plan shall not be commenced in or heard by the state court of appeals or any state trial court.
(2) If a case or controversy involves a legislative redistricting plan but an application or petition for review has not been filed under subsection (3) or section 3, the supreme court may, but is not required to, undertake all or a portion of the procedures described in section 4.
(3) Upon the application of an elector filed not later than 60 days after the adoption of the enactment of a redistricting plan, the supreme court, exercising original state jurisdiction provided under section 6 of article IV of the state constitution of 1963, may review any plan enacted by the legislature, and may modify that plan or remand that plan to a special master for further action if the plan fails to comply with section 1 or 1a.
History:
1996, Act 463, Eff. Mar. 31, 1997 ;-- Am. 1999, Act 223, Eff. Mar. 10, 2000
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 463 of 1996 - Redistricting Plans (4.261 - 4.265) › Section 4.263 - Preparation of Plan by Supreme Court; Petition or Pleadings.

4.263 Preparation of plan by supreme court; petition or pleadings.
Sec. 3.
Unless legislation enacting a redistricting plan for the house of representatives and senate is approved on or before the deadline established in section 1, a political party, the speaker of the house of representatives, the minority leader of the house of representatives, the majority leader of the senate, or the minority leader of the senate may file, on or after November 2 immediately following the deadline established in section 1, a petition or other pleadings or papers with the supreme court requesting that the supreme court prepare a redistricting plan for the senate and house of representatives in compliance with the redistricting guidelines set in section 1.
History:
1996, Act 463, Eff. Mar. 31, 1997
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 463 of 1996 - Redistricting Plans (4.261 - 4.265) › Section 4.264 - Filing of Petition for Review; Duties of Supreme Court.

4.264 Filing of petition for review; duties of supreme court.
Sec. 4.
If a petition for review is filed in the supreme court under section 2 or 3, the supreme court shall do all of the following:
(a) Exercising original jurisdiction provided under section 6 of article IV of the state constitution of 1963, or other jurisdiction pursuant to Michigan court rule 7.301(A)(7) or any successor court rule, undertake the preparation of a redistricting plan for the house of representatives and the senate.
(b) Appoint and utilize a special master or masters as the court considers necessary.
(c) Provide, by order, for the submission of proposed redistricting plans by political parties and other interested persons who have been allowed to intervene. Political parties shall be granted intervention as of right.
(d) After hearing oral argument or appointing special masters, propose 1 plan for the consideration of the parties and the public, and make that plan available for public inspection at least 30 days in advance of the time set for hearing in subdivision (f).
(e) Prescribe, by order or otherwise, the procedure for and the deadlines pertaining to filing objections and rebuttal to the proposed plan in advance of the hearing scheduled in subdivision (f).
(f) Hold a hearing on the proposed plan at a time determined by the court but not later than March 10 immediately following the deadline established in section 1.
(g) In order to provide for the orderly election process and for candidates to meet statutory deadlines for filing and residency, order a redistricting plan for the senate and house of representatives not later than April 1 immediately following the deadline established in section 1.
History:
1996, Act 463, Eff. Mar. 31, 1997
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 463 of 1996 - Redistricting Plans (4.261 - 4.265) › Section 4.265 - Act as Severable.

4.265 Act as severable.
Sec. 5.
If any portion of this act or application of any portion of this act to any person or circumstance is found to be invalid by a court, the invalidity shall not affect the remaining portions or applications of this act that can be given effect without the invalid portions or application, if the remaining portions are not determined by the court to be inoperable, and to this end this act is declared to be severable.
History:
1996, Act 463, Eff. Mar. 31, 1997
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Repealed - Act 383 of 1941 - Legislative Service Bureau (4.301 - 4.306)

LEGISLATIVE SERVICE BUREAU
Act 383 of 1941
4.301-4.306 Repealed. 1957, Act 133, Eff. Sept. 27, 1957;—1965, Act 144, Imd. Eff. July 12, 1965;—1965, Act 412, Eff. Jan. 1, 1966.
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.351 - Definitions.

4.351 Definitions.
Sec. 1.
As used in this act:
(a) "Administrative act" includes an action, omission, decision, recommendation, practice, or other procedure of the department.
(b) "Complainant" means a prisoner or legislator who files a complaint under section 4.
(c) "Council" means the legislative council established under section 15 of article IV of the state constitution of 1963.
(d) "Department" means the department of corrections.
(e) "Legislator" means a member of the senate or the house of representatives of this state.
(f) "Office" means the office of the legislative corrections ombudsman created under this act.
(g) "Ombudsman" means the office of legislative corrections ombudsman.
(h) "Prisoner" means a person committed to or under the jurisdiction of the department.
(i) "Official" means an official or employee of the department of corrections.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1995, Act 197, Imd. Eff. Nov. 29, 1995 ;-- Am. 1998, Act 318, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.352 - Office of Legislative Corrections Ombudsman; Creation; Legislative Corrections Ombudsman as Principal Executive Officer; Appointment; Term.

4.352 Office of legislative corrections ombudsman; creation; legislative corrections ombudsman as principal executive officer; appointment; term.
Sec. 2.
(1) The office of the legislative corrections ombudsman is created within the legislative council.
(2) The principal executive officer of the office of the legislative corrections ombudsman is the legislative corrections ombudsman who shall be appointed by and serve at the pleasure of the council.
History:
1975, Act 46, Imd. Eff. May 16, 1975
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.353 - Procedures as to Budget, Expenditures, and Personnel.

4.353 Procedures as to budget, expenditures, and personnel.
Sec. 3.
The council shall establish procedures for approving the budget of the office, for expending funds thereof, and for the employment of personnel for the office.
History:
1975, Act 46, Imd. Eff. May 16, 1975
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.354 - Commencement of Investigation; Procedures as to Complaints, Investigations, Hearings, and Reports.

4.354 Commencement of investigation; procedures as to complaints, investigations, hearings, and reports.
Sec. 4.
(1) The ombudsman may commence an investigation upon either of the following:
(a) Receipt of a complaint from a prisoner, a legislator, or on the ombudsman's own initiative, concerning an administrative act that is alleged to be contrary to law or contrary to departmental policy.
(b) The ombudsman's own initiative for significant prisoner health and safety issues, correctional facility security, and public safety, and other matters for which there is no effective administrative remedy.
(2) Subject to approval of the council, the ombudsman shall establish procedures for receiving and processing complaints, conducting investigations, holding hearings, and reporting the findings resulting from the investigations.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1995, Act 197, Imd. Eff. Nov. 29, 1995 ;-- Am. 1998, Act 318, Eff. Mar. 23, 1999 ;-- Am. 2018, Act 571, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.355 - Access to Physical and Electronic Information, Records, and Documents; Authorization to Interview; Inspection of Premises; Informal Hearings; Appearance; Evidence.

4.355 Access to physical and electronic information, records, and documents; authorization to interview; inspection of premises; informal hearings; appearance; evidence.
Sec. 5.
(1) Upon request and without the requirement of any release, the ombudsman shall be given access to and physical or electronic copies of all information, records, and documents in the possession of the department that the ombudsman considers necessary in an investigation, including, but not limited to, prisoner medical health records, prisoner mental health records, and prisoner mortality and morbidity records. Upon request, the ombudsman may interview any of the following individuals whom the ombudsman considers necessary in an investigation:
(a) An individual employed by or retained under contract by the department.
(b) An individual employed by or retained under contract by a private contractor that operates a facility or institution that houses prisoners under the jurisdiction of the department.
(2) Upon request and without notice, the ombudsman must be granted entrance to inspect at any time any premises under the control of the department. One ombudsman staff person must also be granted entry into a correctional facility or the department's "think tank" or "command center" during emergency situations including, but not limited to, correctional facility disturbances, riots, and hostage incidents, and must be provided with updates regarding the status of the emergent situation as well as the department's efforts to address the situation. The ombudsman staff person granted entry for an emergency situation under this subsection is present for observation and to report on the emergency situation.
(3) The ombudsman may hold informal hearings and may request that any person appear before the ombudsman, or at a hearing, and give testimony or produce documentary or other evidence that the ombudsman considers relevant to a matter under investigation.
(4) The ombudsman shall arrange an interview under subsection (1) in cooperation with the department at a time and location that does not interfere with the operation of a correctional facility.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 2010, Act 287, Imd. Eff. Dec. 16, 2010 ;-- Am. 2018, Act 571, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.356 - Administrative Process; Investigation or Hearing Discretionary.

4.356 Administrative process; investigation or hearing discretionary.
Sec. 6.
(1) The ombudsman shall advise a complainant to pursue all administrative remedies open to the complainant. The ombudsman may request and shall receive from the department a progress report concerning the administrative processing of a complaint. After administrative action on a complaint, the ombudsman may conduct further investigation on the request of a complainant or on his or her own initiative.
(2) The ombudsman need not conduct an investigation on a complaint brought before the ombudsman. A person is not entitled as a right to be heard by the ombudsman.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1995, Act 197, Imd. Eff. Nov. 29, 1995 ;-- Am. 1998, Act 318, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.357 - Notice of Investigation; Notice When Investigation Declined.

4.357 Notice of investigation; notice when investigation declined.
Sec. 7.
Upon receiving a complaint from a legislator or a prisoner under section 4 and deciding to investigate the complaint, the ombudsman shall notify the complainant, the prisoner or prisoners affected, and the department. If the ombudsman declines to investigate, the ombudsman shall notify the complainant, in writing, and inform the prisoner or prisoners affected of the reasons for the ombudsman's decision.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1995, Act 197, Imd. Eff. Nov. 29, 1995 ;-- Am. 1998, Act 318, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.358 - Legislative Council; Hearing; Administration of Oaths, Subpoena of Witness, and Examination of Books and Records.

4.358 Legislative council; hearing; administration of oaths, subpoena of witness, and examination of books and records.
Sec. 8.
Upon request of the ombudsman, the council may hold a hearing. The council may administer oaths, subpoena witnesses, and examine the books and records of the department or of a person, partnership, or corporation involved, in accordance with section 104 of the legislative council act, 1986 PA 268, MCL 4.1104, in a matter that is or was a proper subject of investigation by the ombudsman under this act.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 2018, Act 571, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.359 - Correspondence Between Ombudsman and Prisoner as Confidential and Privileged; Secrecy; Disclosures; Exemption.

4.359 Correspondence between ombudsman and prisoner as confidential and privileged; secrecy; disclosures; exemption.
Sec. 9.
(1) Correspondence between the ombudsman and a prisoner is confidential and must be processed as privileged correspondence in the same manner as letters between prisoners and courts, attorneys, or public officials.
(2) The ombudsman shall maintain secrecy with respect to all matters and the identities of the complainants or persons from whom information is acquired, except so far as disclosures may be necessary to enable the ombudsman to perform the duties of the office and to support any recommendations resulting from an investigation. A record of or information obtained or created by the ombudsman is confidential, is considered privileged, must only be used for purposes set forth in this act, is not subject to court subpoena, and is not discoverable in a legal proceeding. A record of or information obtained by the ombudsman that is otherwise available from other sources is not exempt from court subpoena or discovery from other sources solely because it was presented to or reviewed by the ombudsman.
(3) All of the following are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) A record of the ombudsman.
(b) A report or recommendations made by the ombudsman and submitted to the council under section 10.
(c) Information obtained or created by the ombudsman.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1995, Act 197, Imd. Eff. Nov. 29, 1995 ;-- Am. 2018, Act 571, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.360 - Report of Investigative Findings; Recommendations; Forwarding Report.

4.360 Report of investigative findings; recommendations; forwarding report.
Sec. 10.
(1) The ombudsman shall prepare and submit a report of the findings of an investigation and make recommendations to the council within 30 days after completing the investigation if the ombudsman finds any of the following:
(a) A matter that should be considered by the department.
(b) An administrative act that should be modified or canceled.
(c) A statute or rule that should be altered.
(d) Administrative acts for which justification is necessary.
(e) Significant prisoner health and safety issues as determined by the council.
(f) Any other significant concerns as determined by the council.
(2) Subject to section 11, the council may forward the report prepared and submitted under this section to the department, the prisoner or prisoners affected, or the complainant who requested the report.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1995, Act 197, Imd. Eff. Nov. 29, 1995 ;-- Am. 1998, Act 318, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.361 - Announcing Critical Conclusion or Recommendation; Publishing Adverse Opinions; Publishing Statement in Defense or Mitigation of Action; Notice of Action on Recommendation.

4.361 Announcing critical conclusion or recommendation; publishing adverse opinions; publishing statement in defense or mitigation of action; notice of action on recommendation.
Sec. 11.
Before announcing a conclusion or recommendation that expressly or by implication criticizes a person or the department, the ombudsman shall consult with that person or the department. When publishing an opinion adverse to the department, or any person, the ombudsman shall include in that publication a statement of reasonable length made to him or her by the department or person in defense or mitigation of the action if that statement is provided within a reasonable period of time as determined by the council. The ombudsman may request to be notified by the department, within a specified time, of any action taken on any recommendation presented. The ombudsman shall notify the complainant of the actions taken by the office and by the department.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1995, Act 197, Imd. Eff. Nov. 29, 1995
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.362 - Annual Report.

4.362 Annual report.
Sec. 12.
The ombudsman shall submit to the council and the legislature an annual report on the conduct of the office.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1982, Act 170, Imd. Eff. June 1, 1982
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.363 - Prisoner Not to Be Penalized for Complaint, Cooperation, or Communication; Prohibitions.

4.363 Prisoner not to be penalized for complaint, cooperation, or communication; prohibitions.
Sec. 13.
(1) A prisoner must not be penalized in any way by an official or the department as a result of filing a complaint, complaining to a legislator, or cooperating with the ombudsman in investigating a complaint.
(2) A person or the department shall not hinder the lawful actions of the ombudsman or employees of the office, or willfully refuse to comply with lawful demands of the office.
(3) The department shall not take disciplinary action against an employee for communicating with the ombudsman.
History:
1975, Act 46, Imd. Eff. May 16, 1975 ;-- Am. 1995, Act 197, Imd. Eff. Nov. 29, 1995 ;-- Am. 1998, Act 318, Eff. Mar. 23, 1999 ;-- Am. 2018, Act 571, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 46 of 1975 - Legislative Corrections Ombudsman (4.351 - 4.364) › Section 4.364 - Authority of Ombudsman.

4.364 Authority of ombudsman.
Sec. 14.
The authority granted the ombudsman is in addition to the authority granted under the provisions of any other act or rule under which the remedy or right of appeal or objection is provided for a person, or any procedure provided for the inquiry into or investigation of any matter. The authority granted the ombudsman shall not be construed to limit or affect the remedy or right of appeal or objection and shall not be deemed part of an exclusionary process.
History:
1975, Act 46, Imd. Eff. May 16, 1975
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 185 of 2001 - Legislative Sergeant at Arms Police Powers Act (4.381 - 4.382) › Section 4.381 - Short Title.

4.381 Short title.
Sec. 1.
This act shall be known and may be cited as the "legislative sergeant at arms police powers act".
History:
2001, Act 185, Imd. Eff. Dec. 21, 2001
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Repealed - Act 214 of 1947 - Legislative Agents (4.401 - 4.410)

LEGISLATIVE AGENTS
Act 214 of 1947
4.401-4.410 Repealed. 1975, Act 227, Eff. Mar. 31, 1976;—1978, Act 472, Eff. June 16, 1981.
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 472 of 1978 - Lobbyists, Lobbying Agents, and Lobbying Activities (4.411 - 4.431) › Section 4.411 - Meanings of Words and Phrases.

4.411 Meanings of words and phrases.
Sec. 1.
Except as otherwise defined in this act, the words and phrases defined in sections 2 to 6 have the meanings ascribed to them in those sections.
History:
1978, Act 472, Imd. Eff. Oct. 19, 1978
Constitutionality:
In Pletz v Secretary of State, 125 Mich App 335; 336 NW2d 789 (1983), the Michigan Court of Appeals upheld all portions of 1978 PA 472 from facial attack except for “the disclosure requirements contained in MCL 7(1)(c) and 7(2)(d) and except for failure to provide an exemption for religious institutions.” Further, the Court of Appeals held that “the parts of the statute held to be invalid, namely MCL 7(1)(c), which requires registrants to disclose the identities of persons who contribute to their lobbying organizations, and MCL 7(2)(d), which imposes similar disclosure duties upon lobbyist agents, may be severed and separated from 1978 PA 472 because the remainder is consistent with the aim of the Legislature to regulate lobbyists, lobbyist agents, and lobbying activities.” Leave to appeal and cross-appeal denied September 21, 1983. Pletz v Secretary of State, 417 Mich 1100.20 (1983).
Popular Name:
Lobby Act
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 472 of 1978 - Lobbyists, Lobbying Agents, and Lobbying Activities (4.411 - 4.431) › Section 4.412 - Definitions Generally.

4.412 Definitions generally.
Sec. 2.
(1) "Administrative action" means the proposal, drafting, development, consideration, amendment, enactment, or defeat of a nonministerial action or rule by an executive agency or an official in the executive branch of state government. Administrative action does not include a quasi-judicial determination as authorized by law.
(2) "Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, activity, or entity which is organized for profit or nonprofit purposes.
(3) "Business with which the individual is associated" means a business in which any of the following applies:
(a) The individual is a partner, director, officer, or employer.
(b) A member of the individual's immediate family is a partner, director, officer, or employer.
(c) The individual or a member of the individual's immediate family is a stockholder of close corporation stock worth $1,000.00 or more at fair market value or which represents more than 5% equity interest, or is a stockholder of publicly traded stock worth $10,000.00 or more at fair market value or which represents more than 10% equity interest. This subdivision does not apply to publicly traded stock under a trading account if the filer reports the name and address of the stockbroker.
(4) "Compensation" means anything of monetary value received or to be received from a person, whether in the form of a fee, salary, forbearance, forgiveness, or another form of recompense.
History:
1978, Act 472, Imd. Eff. Oct. 19, 1978
Popular Name:
Lobby Act
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 472 of 1978 - Lobbyists, Lobbying Agents, and Lobbying Activities (4.411 - 4.431) › Section 4.413 - Additional Definitions.

4.413 Additional definitions.
Sec. 3.
(1) "Department" means the department of state.
(2) "Expenditure" means an advance, compensation for labor, honorarium, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, or subscription of money or anything of value including a contract, agreement, promise, or other obligation, whether or not legally enforceable, to make an expenditure. Expenditure does not include the payment of a membership fee otherwise reported pursuant to section 8(1)(d) or the cost of travel to visit and return from visiting a public official for the purpose of communicating with the public official.
(3) "Financial transaction" means a loan, purchase, sale, or other type of transfer or exchange of money, goods, other property, or services for value.
History:
1978, Act 472, Imd. Eff. Oct. 19, 1978
Popular Name:
Lobby Act
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 472 of 1978 - Lobbyists, Lobbying Agents, and Lobbying Activities (4.411 - 4.431) › Section 4.414 - Additional Definitions.

4.414 Additional definitions.
Sec. 4.
(1) "Gift" means a payment, advance, forbearance, or the rendering or deposit of money, services, or anything of value, the value of which exceeds $25.00, as adjusted under section 19a, in any 1-month period, unless consideration of equal or greater value is received therefor. Gift includes a payment, advance, forbearance, or the rendering or deposit of money, services, or anything of value to aid the defense of an official in the legislative branch or an official in the executive branch against a legal action not directly related to the governmental duties of the official. Gift does not include the following:
(a) A campaign contribution otherwise reported as required by the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.
(b) A loan made in the normal course of business by an institution as defined in chapter 1 of the banking code of 1999, 1999 PA 276, MCL 487.11101 to 487.11203, a national bank, a branch bank, an insurance company issuing a loan or receiving a mortgage in the normal course of business, a premium finance company, a mortgage company, a small loan company, a state or federal credit union, a savings and loan association chartered by this state or the federal government, or a licensee as defined by the motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141.
(c) A gift received from a member of the person's immediate family, a relative of a spouse, a relative within the seventh degree of consanguinity as computed by the civil law method, or from the spouse of the relative.
(d) A breakfast, luncheon, dinner, or other refreshment consisting of food and beverage provided for immediate consumption.
(e) A contribution to a legal defense fund that is registered with the secretary of state under the legal defense fund act and whose purpose is to defend an elected official against any criminal, civil, or administrative action, that arises directly out of the conduct of the elected official's governmental duties.
(2) "Immediate family" means a child residing in an individual's household, a spouse of an individual, or an individual claimed by that individual or that individual's spouse as a dependent for federal income tax purposes.
(3) "Loan" means a transfer of money, property, or anything of ascertainable value in exchange for an obligation, conditional or not, to repay in whole or in part.
History:
1978, Act 472, Imd. Eff. Oct. 19, 1978 ;-- Am. 2008, Act 289, Imd. Eff. Oct. 6, 2008
Popular Name:
Lobby Act
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 472 of 1978 - Lobbyists, Lobbying Agents, and Lobbying Activities (4.411 - 4.431) › Section 4.416 - Additional Definitions.

4.416 Additional definitions.
Sec. 6.
(1) "Person" means a business, individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting jointly, including a state agency or a political subdivision of the state.
(2) "Public official" means an official in the executive or legislative branch of state government.
(3) "Nonministerial action" means an action other than an action which a person performs in a prescribed manner under prescribed circumstances in obedience to the mandate of legal authority, without the exercise of personal judgment regarding whether to take the action.
(4) "Local government" means a city, village, township, county, school district, or community college district.
History:
1978, Act 472, Imd. Eff. Oct. 19, 1978
Popular Name:
Lobby Act
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 472 of 1978 - Lobbyists, Lobbying Agents, and Lobbying Activities (4.411 - 4.431) › Section 4.416a - Resignation From Office; Lobbying During Remainder of Term; Violation as Misdemeanor; Penalty.

4.416a Resignation from office; lobbying during remainder of term; violation as misdemeanor; penalty.
Sec. 6a.
(1) A member of the Michigan senate or house of representatives who resigns from office shall not make expenditures for or receive compensation or reimbursement for actual expenses for lobbying for the remainder of the term of office from which the person resigned.
(2) A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment for not more than 90 days, or both.
History:
Add. 1994, Act 383, Eff. Jan. 1, 1995
Popular Name:
Lobby Act
2023 Michigan Compiled Laws › Chapter 4 - Legislature › Act 472 of 1978 - Lobbyists, Lobbying Agents, and Lobbying Activities (4.411 - 4.431) › Section 4.419 - Preservation of Accounts, Bills, Receipts, Books, Papers, and Documents; Inspection of Records; Contents of Records; Violation; Penalty.

4.419 Preservation of accounts, bills, receipts, books, papers, and documents; inspection of records; contents of records; violation; penalty.
Sec. 9.
(1) A lobbyist or a lobbyist agent acting on behalf of the lobbyist, and a lobbyist agent acting on his or her own behalf, shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate the reports required to be made pursuant to section 8 for 5 years after the report containing those items is filed. These records shall be made available for inspection upon request by the secretary of state after reasonable notice. The records shall include the following:
(a) An itemized account of all expenditures related to the performance of lobbying. Single expenditures of $100.01 or more shall be recorded separately with the record showing the date, purpose, and name and address of the recipient of the expenditures.
(b) An itemized account of all expenditures for food and beverage provided for public officials. The account shall reflect the date and amount of the expenditure and the name and title or office of the public official for whom the expenditure was made, and the name of the lobbyist agent or representative of the lobbyist who purchased the food or beverage for the public official, except that when more than 1 public official is provided food and beverage and a single check or voucher is rendered, the account may reflect the average amount of the check for each public official. A lobbyist shall record amounts expended on public officials for food and beverage where the expenditures are a result of an event at which more than 25 public officials were in attendance or are a result of an event to which an entire standing committee of the legislature has been invited in writing to be informed concerning a bill which has been assigned to that standing committee. The record shall not list the expenditures for public officials individually. The lobbyist shall record the names of all public officials in attendance and the nature of each event or function held.
(2) A person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00, or imprisoned for not more than 90 days, or both, and if the person is other than an individual, the person shall be fined not more than $10,000.00.
History:
1978, Act 472, Eff. June 16, 1981
Popular Name:
Lobby Act