FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 440.2209 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.2209
Modification; rescission; waiver, retraction.
Status: in_force

Sec. 2209.

An agreement modifying a contract within this article needs no consideration to be binding.

A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.

The requirements of the statute of frauds section of this article (section 2201) must be satisfied if the contract as modified is within its provisions.

Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver.

A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 457.328 — MI Code / Chapter 457 / Act Act-90-of-1905 / Section 457.328
Encampment or canton; incorporation.
Status: in_force

Sec. 8.

Any grand encampment or grand canton of the Independent Order of Odd Fellows of the state of Michigan, and any subordinate encampment or canton thereof, having been duly chartered, may be incorporated in like manner as grand and subordinate lodges of the Independent Order of Odd Fellows, and enjoy the same powers, privileges and benefits under the provisions of this act.

History: 1905, Act 90, Imd. Eff. May 3, 1905; CL 1915, 10457; CL 1929, 10660; CL 1948, 457.328
Mich. Comp. Laws § 554.34 — MI Code / Chapter 554 / Act R-S-of-1846 / Section 554.34
Contingent remainder; effect of premature determination of precedent estate.
Status: in_force

Sec. 34.

No remainder, valid in its creation, shall be defeated by the determination of the precedent estate, before the happening of the contingency on which the remainder is limited to take effect; but should such contingency afterwards happen, the remainder shall take effect in the same manner, and to the same extent, as if the precedent estate had continued to the same period.

History: R.S. 1846, Ch. 62; CL 1857, 2618; CL 1871, 4101; How. 5550; CL 1897, 8816; CL 1915, 11552; CL 1929, 12954; CL 1948, 554.34
Mich. Comp. Laws § 322.177 — MI Code / Chapter 322 / Act Act-140-of-1863 / Section 322.177
College lands; patents, issuance.
Status: in_force

Sec. 7.

The governor of this state shall sign and cause to be issued patents for said lands, as soon as practicable after payment is made in full of principal, interest and all taxes, as aforesaid.

History: 1863, Act 140, Imd. Eff. Mar. 18, 1863; CL 1871, 3933; How. 5374; CL 1897, 1440; CL 1915, 654; CL 1929, 5818; CL 1948, 322.177
Mich. Comp. Laws § 333.12509 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.12509
Campground license; transfer.
Status: in_force

Sec. 12509.

A campground license shall not be transferred to another person except where the transferee complies with all the requirements to be licensed under sections 12501 to 12516 and upon submission of an application and the license transfer fee as prescribed in sections 12506 and 12506a.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 2004, Act 408, Imd. Eff. Nov. 29, 2004
Mich. Comp. Laws § 41.288 — MI Code / Chapter 41 / Act Act-246-of-1931 / Section 41.288
Installation of sidewalks and elevated structures; payment; contracts; approval.
Status: in_force

Sec. 18.

The township board of a township may install sidewalks along the sides of a highway and may install elevated structures for foot travel over highways in the township. The township board may pay for the elevated structures out of the funds of the township or purchase the elevated structures on title retaining contracts. Contracts shall not be entered into or issued for a period longer than 10 years. A highway under the jurisdiction of the director of the state transportation department or the board of county road commissioners shall not be improved under this act without the written approval of the director of the state transportation department or the board of county road commissioners.

In proceedings under this section, the township board may provide that the cost of the sidewalk or elevated structure shall be paid entirely by public money and may allocate for this purpose unexpended money in the contingent fund or general fund of the township.

History: Add. 1989, Act 80, Imd. Eff. June 20, 1989
Mich. Comp. Laws § 551.333 — MI Code / Chapter 551 / Act Act-155-of-1964 / Section 551.333
Family counseling service as arm of circuit court; merger with other court services; contracts; purchase of services; direct service delivery.
Status: in_force

Sec. 3.

The circuit court family counseling service is an arm of the circuit court. It may be merged with other court services or maintained separately, as the court determines. The circuit court may enter into contracts with the state or private agencies for all or part of the family counseling services to be provided in the judicial circuit. The court shall give preference to the purchase of services, but may provide direct service delivery if any of the following applies:

Quality services are not available from a private source or government agency;

The provision of direct service delivery is cost beneficial as determined by an independent audit;

The court has a program of direct services on the effective date of this act.

History: 1964, Act 155, Eff. Aug. 28, 1964; Am. 1980, Act 16, Imd. Eff. Feb. 14, 1980
Mich. Comp. Laws § 289.3107 — MI Code / Chapter 289 / Act Act-92-of-2000 / Section 289.3107
Enforcement; delegation to certified health department.
Status: in_force

Sec. 3107.

The director may delegate the authority and responsibility for the enforcement of the requirements pertaining to food processing plants, retail grocers, and food concessions contained in this act and any rules adopted under this act to any certified health department. The certified health departments shall enforce this act and any rules promulgated under this act.

History: 2000, Act 92, Eff. Nov. 8, 2000
Mich. Comp. Laws § 440.8506 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.8506
Duty of securities intermediary to exercise rights with respect to financial asset; conditions.
Status: in_force

Sec. 8506.

A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. The duty is satisfied if the securities intermediary does either of the following:

Acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary.

In the absence of agreement, either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder.

History: Add. 1998, Act 278, Imd. Eff. July 27, 1998
Mich. Comp. Laws § 324.30104b — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.30104b
Applicability of MCL 324.30306b to proposed project or proposed permit application.
Status: in_force

Sec. 30104b.

Section 30306b applies to a proposed project or a proposed permit application under this part.

History: Add. 2006, Act 592, Imd. Eff. Jan. 3, 2007; Am. 2010, Act 179, Imd. Eff. Sept. 30, 2010; Am. 2015, Act 76, Eff. Oct. 1, 2015
Mich. Comp. Laws § 333.5115 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5115
Communicable diseases and serious communicable diseases and infections; minimum procedures and standards for control and elimination.
Status: in_force

Sec. 5115.

The department may establish minimum procedures and standards for health officers and other persons charged with administration and enforcement of the laws of this state relating to the discovery and care of an individual having or suspected of having a communicable disease or a serious communicable disease or infection. The procedures shall be reasonably related to the control and elimination of communicable diseases and serious communicable diseases and infections, and shall not conflict with the procedures for the control and elimination of communicable diseases and serious communicable diseases and infections set forth in this article.

History: Add. 1988, Act 491, Eff. Mar. 30, 1989
Mich. Comp. Laws § 450.704 — MI Code / Chapter 450 / Act Act-156-of-1955 / Section 450.704
Corporation director, manager, trustee or officer; resignation.
Status: in_force

Sec. 4.

Any person, director, manager, trustee or other officer of any corporation organized under the laws of the state of Michigan who, within 30 days from the date of approval of this act, shall resign in good faith as such director, manager, trustee or other officer, and shall file with the resident agent of such corporation a copy of such signed resignation, shall not be subject to the provisions of this act.

History: 1955, Act 156, Eff. Oct. 14, 1955
Mich. Comp. Laws § 445.253 — MI Code / Chapter 445 / Act Act-70-of-1981 / Section 445.253
Cease and desist order; hearing; failure to comply with order; action in circuit court; fine.
Status: in_force

Sec. 3.

The attorney general may order a regulated person to cease and desist from violating this act.

A regulated person ordered to cease and desist is entitled to a hearing before the appropriate officer as determined by the attorney general if he or she files a written request within 30 days after the effective date of the order.

If a regulated person fails to comply with a cease and desist order issued pursuant to this act, the attorney general may commence an action in the circuit court for Ingham county or in a circuit court for a county where the person is doing business, to enjoin violations of the cease and desist order or to seek enforcement of a previously issued order. The court may impose a fine or not more than $500.00 for each violation of the cease and desist order.

History: 1981, Act 70, Imd. Eff. June 29, 1981
Mich. Comp. Laws § 31.8 — MI Code / Chapter 31 / Act Act-202-of-1959 / Section 31.8
Emergency successor; removal, replacement.
Status: in_force

Sec. 8.

Until such time as the person designated as an emergency interim successor succeeds to the exercise of the powers and the discharge of the duties of an office in accordance with this act, he may be removed or replaced by said designating authority at any time, with or without cause, by filing notice with the secretary of state.

History: 1959, Act 202, Eff. Mar. 19, 1960
Mich. Comp. Laws § 421.28m — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.28m
Effect of approval or disapproval by federal government.
Status: in_force

Sec. 28m.

(1) Notwithstanding any other provision of this act, if any provision of sections 28b to 28 l would otherwise cause the United States department of labor to withhold the approval required to implement a shared-work program under section 3304(a)(4)(e) of the federal unemployment tax act, 26 USC 3304, and section 303(a)(5) of the social security act, 42 USC 503, that provision does not apply.

(2) When the provisions of this section or sections 28b to 28 l are approved or disapproved by the United States department of labor, the unemployment agency shall transmit to the secretary of the senate and the clerk of the house of representatives notice of the approval or disapproval.

History: Add. 2012, Act 216, Eff. Jan. 1, 2013
Mich. Comp. Laws § 380.1532 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1532
Teaching certificate; validity; recording; oath or affirmation; nullification.
Status: in_force

Sec. 1532.

(1) Before a teaching certificate is valid in this state, the holder shall record the certificate in the office of the intermediate superintendent or of the superintendent of schools of the school district in which the holder expects to teach.

(2) Before a teaching certificate is valid in this state, the holder shall make and subscribe the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support the constitution of the United States of America and the constitution of the state of Michigan and that I will faithfully discharge the duties of the office of teacher according to the best of my ability".

(3) The oath set forth in subsection (2) shall be signed by the holder of the teaching certificate, notarized, and attached to or superimposed on the teaching certificate.

(4) Except as provided in this act, a teacher's teaching certificate shall not be nullified except by the state board and for a cause that would have initially justified the withholding of the certificate.

(5) Upon the request of a teacher, the state board immediately shall nullify that teacher's teaching certificate. Upon the request of a teacher, the state board may nullify 1 or more endorsements on the teaching certificate, or a grade level certification included in the teaching certificate, if the grade level certification or endorsement has not been used for 12 or more years.

(6) The state board shall not reinstate, reissue, or renew a teaching certificate, endorsement on a teaching certificate, or a grade level certification that has been nullified pursuant to subsection (5).

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977; Am. 1988, Act 503, Imd. Eff. Dec. 29, 1988; Am. 1995, Act 289, Eff. July 1, 1996; Am. 2006, Act 619, Imd. Eff. Jan. 3, 2007
Mich. Comp. Laws § 460.967 — MI Code / Chapter 460 / Act Act-408-of-2014 / Section 460.967
Residential clean energy program; actions; order; amendment by resolution.
Status: in_force

Sec. 7.

(1) To establish a residential clean energy program, the governing body of a municipality shall take the following actions in the following order:

(a) Adopt a resolution of intent that includes all of the following:

( i ) A finding that the financing of energy projects is a valid public purpose.

( ii ) A statement of intent to provide funds for financing energy projects, which may be repaid by charges on the electric utility bills for the properties benefited, with the agreement of the record owners.

( iii ) A description of the proposed arrangements for financing the program.

( iv ) The types of energy projects that may be financed.

( v ) Reference to a report on the proposed program as described in section 11(1) and the internet address and office location where the report is available under section 11(2).

( vi ) The time and place for a public hearing on the proposed program.

(b) Hold a public hearing on the proposed program, including the report described under section 11.

(c) Adopt a resolution or ordinance establishing the program and setting forth its terms and conditions, including all of the following:

( i ) Matters required by section 11 to be included in the report. For this purpose, the resolution may incorporate the report or an amended version thereof by reference.

( ii ) If the program is established by a resolution, a description of which aspects of the program may be amended without a new public hearing and which aspects may be amended only after a new public hearing is held.

(2) A residential clean energy program established by resolution or ordinance may be amended by resolution of the governing body or ordinance, respectively. Before the governing body adopts an amendment by resolution, the governing body shall conduct a public hearing if required pursuant to subsection (1)(c)( ii ).

History: 2014, Act 408, Imd. Eff. Dec. 30, 2014
Mich. Comp. Laws § 4.794 — MI Code / Chapter 4 / Act Act-208-of-2024 / Section 4.794
Powers and duties of liaison.
Status: in_force

Sec. 4.

(1) The liaison shall do all of the following:

(a) Maintain a relationship with each federally recognized tribe in this state and visit each tribe not less than once per year.

(b) Provide guidance for members of the legislature and the member's staff during the development of legislation based on how proposed legislation may impact tribes and tribal members.

(c) Inform the legislature of the impact that specific legislation will have on the tribes of this state.

(d) Provide an annual not less than hour-long training to members of the legislature and the member's staff on each of the following topics:

( i ) How to consult and coordinate with the liaison.

( ii ) The history and current state of the federally recognized tribes in this state.

(2) The liaison may communicate with any tribal liaison in the executive branch.

(3) By not later than December 31 of each year, the office shall submit a written report to the governor, the senate majority leader, the speaker of the house of representatives, and the chairperson of each committee in the legislature that must include, but is not limited to, a summary of concerns that were presented by elected tribal leaders during the development of legislation in the previous year. The office shall also post the written report described in this subsection on a website that is accessible to the public.

History: 2024, Act 208, Eff. Apr. 2, 2025
Mich. Comp. Laws § 600.1099i — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.1099i
Juvenile mental health court program; requirements; completion of the program; exit evaluation; confidentiality of information obtained while participating in the program; exemption from disclosure.
Status: in_force

Sec. 1099i.

(1) A juvenile mental health court shall provide a juvenile mental health court participant with all of the following:

(a) Consistent and close monitoring of the juvenile's treatment and recovery.

(b) If found necessary or appropriate, periodic and random testing for the presence of any nonprescribed controlled substance or alcohol as well as compliance with or effectiveness of prescribed medication using to the extent practicable the best available, accepted, and scientifically valid methods.

(c) Periodic judicial reviews of the participant's circumstances and progress in the program.

(d) A regimen or strategy of individualized and graduated but immediate rewards for compliance and sanctions for noncompliance, including, but not limited to, the possibility of detainment.

(e) Mental health services, substance use disorder services, education, and vocational opportunities as appropriate and practical.

(2) Upon a juvenile's completion of the required juvenile mental health court program participation, an exit evaluation should be conducted in order to assess the juvenile's continuing need for mental health, developmental disability, or substance abuse services.

(3) Any statement or other information obtained as a result of participating in assessment, treatment, or testing while in a juvenile mental health court is confidential and is exempt from disclosure under the United States Constitution and state constitution of 1963 and the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and must not be used in a criminal prosecution, unless it reveals criminal acts other than, or inconsistent with, personal controlled substance use.

History: Add. 2018, Act 590, Eff. Mar. 28, 2019
Mich. Comp. Laws § 38.44a — MI Code / Chapter 38 / Act Act-240-of-1943 / Section 38.44a
Member employed by state judicial council.
Status: in_force

Sec. 44a.

An individual who was a member on September 30, 1996 by virtue of his or her employment by the state judicial council shall continue to be a member on and after October 1, 1996 if all of the following requirements are met:

The individual is employed by the Wayne county judicial council, if created, by the Detroit judicial council, if created, or by the city of Detroit or Wayne county performing judicial duties in the circuit court in the third judicial circuit, in the recorder's court of the city of Detroit, or in the district court in the thirty-sixth district.

The individual's employer pays to the retirement system an amount based upon the contribution rates determined under section 38, in the manner prescribed by the retirement system.

By January 20, April 20, July 20, and October 20 of each year, the employer of an individual described in subsection (1) shall file with the retirement system a quarterly affidavit for the preceding 3 months. The affidavit shall certify the aggregate compensation that is reportable to the retirement system under this act, sources of contributions, and contributions required by law. Not later than October 20 of each year, the employer of an individual described in subsection (1) shall file a report with the retirement system that includes all of the following information for the preceding 12 months:

A list of all individuals described in subsection (1) employed by that employer.

The salary paid to each individual listed under subdivision (a).

The amount of service performed by an individual listed under subdivision (a).

Any other information the retirement system requires for the administration of this section.

If an employer fails to submit a report or contributions, or both, according to the schedule established by the retirement system, the employer shall pay a late fee. If the employer remits contributions late, the late fee shall include interest for each day the remittance of contributions is late. The retirement system periodically may establish a late fee, which fee shall not be less than $25.00, and interest charges, which charges shall not be less than 6% per annum.

The retirement system shall grant service credit for the time an individual meets the requirements established in subsection (1). An individual who continues to be a member under this section is entitled to all of the rights, privileges, and benefits provided by this act.

History: Add. 1996, Act 389, Imd. Eff. Sept. 30, 1996
Mich. Comp. Laws § 388.1718 — MI Code / Chapter 388 / Act Act-94-of-1979 / Section 388.1718
Conditions for allotment or payment; failure to pay full amount; remittance; deduction from school aid.
Status: in_force

Sec. 118.

Subject to subsection (3), a district shall not be allotted or paid a sum under this act unless that district pays the agreed-upon amount of tuition or other payment for pupils educated outside the boundaries of the pupil's district of residence.

A district that sends pupils to 1 or more districts, that is legally liable for the payment of the amount described in subsection (1), and that fails to pay that amount in full before April 1 of each year shall remit the full amount owed to the receiving district before making any other financial expenditure or commitment for the next school fiscal year.

The department shall not deduct any amount from a district's state school aid pursuant to this section unless the receiving district demonstrates to the satisfaction of the department, not later than April 30 of the same fiscal year, that the liable district has not paid the required amount as described in subsection (2).

History: 1979, Act 94, Eff. Oct. 1, 1979; Am. 1982, Act 276, Imd. Eff. Oct. 5, 1982; Am. 1995, Act 130, Eff. Oct. 1, 1995
Mich. Comp. Laws § 484.3214 — MI Code / Chapter 484 / Act Act-49-of-2002 / Section 484.3214
Notes or bonds; personal liability.
Status: in_force

Sec. 14.

The members of the board or any person executing the notes or bonds under this act are not liable personally on the notes or bonds or subject to any personal liability or accountability by reason of the issuance of the notes or bonds.

History: 2002, Act 49, Imd. Eff. Mar. 14, 2002
Mich. Comp. Laws § 691.1561 — MI Code / Chapter 691 / Act Act-260-of-1988 / Section 691.1561
Fiscal affairs of grant recipient; inspection, examination, and audit.
Status: in_force

Sec. 11.

The state court administrator or other authorized state official shall have the power to inspect, examine, and audit the fiscal affairs of any grant recipient.

History: 1988, Act 260, Eff. Nov. 13, 1988