FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 440.2934 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2934
Substituted performance; tender and acceptance; failure of payment due to government regulation.
Status: in_force

Sec. 2A404.

If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted.

If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, then the following apply:

The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent.

If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory.

History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Mich. Comp. Laws § 484.1311 — MI Code / Chapter 484 / Act Act-32-of-1986 / Section 484.1311
Implementation of 9-1-1 service in 9-1-1 service district; public safety agency to function as PSAP or secondary PSAP.
Status: in_force

Sec. 311.

As soon as feasible after receipt of a written application from a county requesting 9-1-1 service within a 9-1-1 service district described in a final 9-1-1 service plan adopted pursuant to this act, each service supplier designated in the final 9-1-1 service plan shall implement 9-1-1 service within the 9-1-1 service district in accordance with the final 9-1-1 service plan.

Upon implementation of 9-1-1 service in a 9-1-1 service district pursuant to subsection (1), each public safety agency designated as a PSAP or secondary PSAP in the final 9-1-1 service plan shall begin to function as a PSAP or secondary PSAP.

History: 1986, Act 32, Imd. Eff. Mar. 17, 1986; Am. 1991, Act 196, Imd. Eff. Jan. 2, 1992
Mich. Comp. Laws § 339.6115 — MI Code / Chapter 339 / Act Act-407-of-2016 / Section 339.6115
Journey plumber's license; issuance; requirements; affidavit stating amount of experience; condition of renewal.
Status: in_force

Sec. 1115.

(1) The department shall issue a journey plumber's license to an individual who is at least 18 years of age and who does all of the following:

(a) Files a completed application on a form provided by the department.

(b) Pays the applicable examination fee established under section 207 and passes an examination provided for by the board and the department.

(c) Pays the license fee described in article 4.

(d) Meets either of the following:

( i ) Has at least 6,000 hours of experience gained over a period of at least 3 years as an apprentice plumber in the practical installation of plumbing under the supervision of a master plumber.

( ii ) While serving in the armed forces, served as a plumber or in an equivalent job classification; was honorably discharged from that military service in the 1-year period preceding the date the license application is filed; and has, and provides with his or her application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that states that he or she has, at least 6,000 hours of entry-level experience in and basic knowledge of each of the following:

(A) The terminology of the plumbing trade and the ability to make practical calculations.

(B) Knowledge related to drainage systems.

(C) Knowledge related to plumbing fixtures.

(D) Knowledge related to water and backflow protection.

(E) Knowledge related to storm and special wastewater disposal.

(F) Knowledge related to testing and inspections of plumbing.

(G) Knowledge related to venting.

(2) If an applicant who otherwise meets the requirements of subsection (1)(d)( ii ) has not attained 6,000 hours of entry-level experience or does not have basic knowledge in each of the areas described in subsection (1)(d)( ii )(A) to (G), he or she may provide with his or her application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that states the amount of experience the applicant has attained and of which of the areas described in subsection (1)(d)( ii )(A) to (G) the applicant has basic knowledge, and the department may in its discretion grant the applicant credit toward the 6,000-hour experience requirement of subsection (1)(d)( i ) based on the applicant's experience.

(3) As a condition of renewal of a journey plumber's license, the journey plumber must demonstrate the successful completion of a course, approved by the board, concerning any update or change in the state construction code within 12 months after the update or change in that code. This requirement applies only during or after those years that the state construction code is updated or changed.

History: 2016, Act 407, Eff. Apr. 4, 2017
Mich. Comp. Laws § 250.1018a — MI Code / Chapter 250 / Act Act-142-of-2001 / Section 250.1018a
"Corrections Officers Jack Budd and Josephine McCallum Memorial Highway."
Status: in_force

Sec. 18a.

The portion of highway I-94 in Jackson County between exit 139 and exit 141 shall be known as the "Corrections Officers Jack Budd and Josephine McCallum Memorial Highway".

History: Add. 2018, Act 356, Eff. Feb. 18, 2019
Mich. Comp. Laws § 500.5286 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.5286
Foreign or domestic arbitrage transactions; exemptions.
Status: in_force

Sec. 5286.

The provisions of sections 5282, 5283 and 5284 shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules and regulations as the commissioner may adopt in order to carry out the purposes of this act.

History: Add. 1965, Act 377, Eff. Mar. 31, 1966
Mich. Comp. Laws § 324.43901 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.43901
Definitions.
Status: in_force

Sec. 43901.

As used in this part:

(a) "Nongame fish and wildlife" means fish or wild animals that are unconfined and not ordinarily taken for sport, fur, or food, and the habitat that supports them. However, nongame fish and wildlife includes fish and wild animals designated as game species when located in an area of this state where the taking of that species of fish or wild animal is prohibited.

(b) "Trust fund" means the Michigan nongame fish and wildlife trust fund established in section 42 of article IX of the state constitution of 1963 and provided for in section 43902.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995; Am. 2004, Act 587, Eff. Dec. 23, 2006
Mich. Comp. Laws § 750.301 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.301
Accepting money or valuable thing contingent on uncertain event.
Status: in_force

Sec. 301.

Any person or his or her agent or employee who, directly or indirectly, takes, receives, or accepts from any person any money or valuable thing with the agreement, understanding or allegation that any money or valuable thing will be paid or delivered to any person where the payment or delivery is alleged to be or will be contingent upon the result of any race, contest, or game or upon the happening of any event not known by the parties to be certain, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.301; Am. 2002, Act 672, Eff. Mar. 31, 2003
Mich. Comp. Laws § 333.5456 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5456
Definitions; D, E.
Status: in_force

Sec. 5456.

"Department" means the department of community health.

"Deteriorated paint" means paint or other surface coating that is cracking, flaking, chipping, peeling, or otherwise damaged or separating from the substrate of a building component.

"Discipline" means 1 of the specific types or categories of lead-based paint activities identified in this part for which an individual may receive training from an accredited training program and become certified by the department.

"Distinct painting history" means the application history, as indicated by its visual appearance or a record of application, over time of paint or other surface coatings to a component or room.

"Documented methodology" means a method or protocol used to do either or both of the following:

Sample and test for the presence of lead in paint, dust, and soil.

Perform related work practices as described in rules promulgated under this part.

"Dust lead hazard" means surface dust in a residential dwelling or child occupied facility that contains a concentration of lead at or in excess of levels identified by the EPA pursuant to section 403 of title IV of the toxic substances control act, Public Law 94-469, 15 U.S.C. 2683, or as otherwise defined by rule.

"Elevated blood level" or "EBL" means for purposes of lead abatement an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 ug/dl, micrograms of lead per deciliter of whole blood, for a single venous test or of 15-19 ug/dl in 2 consecutive tests taken 3 to 4 months apart. For purposes of case management of children 6 years of age or less, elevated blood level means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 10 ug/dl.

"Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material.

"Encapsulation" means the application of an encapsulant.

"Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.

"EPA" means the United States environmental protection agency.

History: Add. 1998, Act 220, Imd. Eff. July 1, 1998; Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Mich. Comp. Laws § 389.36 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.36
Vote eligibility.
Status: in_force

Sec. 36.

If part of a local school district is in another community college district, only those electors residing in that part of the school district not in the other community college district are eligible to vote in the organizational election or in subsequent community college elections.

History: 1966, Act 331, Eff. Oct. 1, 1966; Am. 2003, Act 306, Eff. Jan. 1, 2005
Mich. Comp. Laws § 324.30909 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.30909
Engineering and economic reports; cost estimates.
Status: in_force

Sec. 30909.

The lake board shall retain a licensed professional engineer to prepare an engineering feasibility report, an economic study report, and an estimate of cost. The report shall include, when applicable, recommendations for normal lake levels and the methods for maintaining those levels.

The engineering feasibility report shall include the methods proposed to implement the recommended improvements, such as dredging, removal, disposal, and disposal areas for undesirable materials from the lake. The report shall include an investigation of the groundwater conditions and possible effects on lake levels from removal of bottom materials. A study of existing nutrients and an estimate of possible future conditions shall be included. Estimate of costs of right-of-way shall be included.

The estimate of cost prepared under subsection (1) shall show probable assessments for the project. The economic report shall analyze the existing local tax structure and the effects of the proposed assessments on the local units of government involved. A copy of the report shall be furnished to each member of the lake board.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 324.61726 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.61726
Hearings; jurisdictional requirements of notice.
Status: in_force

Sec. 61726.

Jurisdictional requirements of notice of time, place, and issues involved for all hearings required by this part, except proceedings for criminal or civil enforcement of this part, are satisfied by:

Publication once each week for 2 weeks consecutively in a newspaper of general circulation in the county in which the unit area or any portion of the unit area is located if the date of last publication is at least 20 days prior to the date set for the hearing.

Publication at least 20 days prior to the date set for the hearing in a trade journal, periodical, or newsletter or paper, or commercially available scout report, in general circulation in exploratory and developmental branches of the oil and gas industry in this state.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 211.34b — MI Code / Chapter 211 / Act Act-206-of-1893 / Section 211.34b
Joint equalization department; establishment; duties.
Status: in_force

Sec. 34b.

Two or more counties may jointly establish an equalization department as provided by section 34. The joint equalization department shall assist the boards of commissioners in each participating county in surveying and equalizing assessments and meeting the requirements of section 34.

History: Add. 1972, Act 356, Eff. Mar. 30, 1973
Mich. Comp. Laws § 11.13 — MI Code / Chapter 11 / Act Act-151-of-1929 / Section 11.13
Fees; credited to general fund.
Status: in_force

Sec. 3.

All fees collected under the provisions of this act shall be paid into the state treasury and placed to the credit of the general fund.

History: 1929, Act 151, Eff. Aug. 28, 1929; CL 1929, 130; CL 1948, 11.13
Mich. Comp. Laws § 290.156 — MI Code / Chapter 290 / Act Act-220-of-1929 / Section 290.156
Inspection of potatoes in storage or in transit; taking samples, payment.
Status: in_force

Sec. 6.

When it is deemed necessary by the person making inspection to procure a sample or samples of potatoes, the person in charge of the place where inspection is made must permit the same to be obtained upon being tendered the commercial value of the stock being procured. In the event the person in charge can not be located in a reasonable length of time a sample or samples may be taken and the cash value of same tendered at the time of the next inspection.

History: 1929, Act 220, Eff. Aug. 28, 1929; CL 1929, 5608; CL 1948, 290.156
Mich. Comp. Laws § 257.307b — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.307b
Application by male for operator's license or chauffeur's license; registration of applicant with federal selective service system.
Status: in_force

Sec. 307b.

(1) Beginning October 1, 2010, when any male citizen of the United States or a male immigrant to the United States who is less than 26 years of age applies for an operator's license or chauffeur's license, the secretary of state shall, with the applicant's consent, obtain the information that is necessary to register the applicant with the federal selective service system in compliance with the requirements of 50 USC Appx 453, including, but not limited to, the applicant's social security number.

(2) Each application described in subsection (1) shall contain all of the following:

(a) A statement that, if the applicant gives his consent to the secretary of state to provide his registration information to the selective service system, the secretary of state is authorized to provide that information to the selective service system under this section.

(b) The following statement: "If I am less than 18 years of age and give my consent to the secretary of state to provide the information necessary to register me for selective service, I understand that I will automatically be registered for selective service when I become 18 years of age if required by federal law.".

(c) A statement of the criminal penalties and other sanctions that apply for failing to register with selective service.

(d) The following statement: "I acknowledge having been given information regarding the penalties for not registering for selective service.".

(e) A statement appearing in capitalized, bold-faced type that declining to give consent to registration under this section does not affect the applicant's privilege to receive an operator's or chauffeur's license.

(f) A location on the application where the applicant shall indicate that he either consents to forwarding his registration information to the selective service system or that he does not consent to forwarding his registration information to the selective service system.

(3) The secretary of state shall forward the information obtained under subsection (1) to the federal selective service system in a format consistent with selective service system requirements.

(4) The secretary of state shall not forward any information regarding an applicant who is less than 18 years of age to the selective service system under this section unless the applicant gives his consent to provide that information to the selective service system as provided in this section.

History: Add. 2006, Act 642, Eff. Oct. 1, 2010
Mich. Comp. Laws § 440.7308 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.7308
Carrier's lien; enforcement; procedure; liability for noncompliance.
Status: in_force

Sec. 7308.

(1) A carrier's lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The carrier sells goods in a commercially reasonable manner if the carrier sells the goods in the usual manner in any recognized market for that type of goods, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.

(2) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold but must be retained by the carrier subject to the terms of the bill of lading and this article.

(3) A carrier may buy at any public sale pursuant to this section.

(4) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against which the lien was valid, despite the carrier's noncompliance with this section.

(5) A carrier may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the carrier would have been bound to deliver the goods.

(6) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.

(7) A carrier's lien may be enforced pursuant to either subsection (1) or the procedure set forth in section 7210(2).

(8) A carrier is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.

History: 1962, Act 174, Eff. Jan. 1, 1964; Am. 2012, Act 87, Eff. July 1, 2013
Mich. Comp. Laws § 691.1349 — MI Code / Chapter 691 / Act Act-159-of-2014 / Section 691.1349
Limits of privilege.
Status: in_force

Sec. 19.

(1) There is no privilege under section 17 for a collaborative law communication that is any of the following:

(a) Available to the public under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, or made during a session of a collaborative law process that is open, or is required by law to be open, to the public.

(b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence.

(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity.

(d) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

(2) The privileges under section 17 for a collaborative law communication do not apply to the extent that a communication is either of the following:

(a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process.

(b) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the department of human services is a party to or otherwise participates in the process.

(3) There is no privilege under section 17 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in any of the following:

(a) A court proceeding involving a felony or misdemeanor.

(b) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.

(4) If a collaborative law communication is subject to an exception under subsection (2) or (3), only the part of the communication necessary for the application of the exception may be disclosed or admitted.

(5) Disclosure or admission of evidence excepted from the privilege under subsection (2) or (3) does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

(6) The privileges under section 17 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.

History: 2014, Act 159, Eff. Dec. 8, 2014