FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 700.5310 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.5310
Resignation or removal of guardian.
Status: in_force

Sec. 5310.

(1) On petition of the guardian and subject to the filing and approval of a report prepared as required by section 5314, the court shall accept the guardian's resignation and make any other order that is appropriate.

(2) The ward, a person appointed guardian in a will or other writing by a parent or spouse under section 5301, or any other person interested in the ward's welfare may petition for an order removing the guardian, changing the designated standby guardian, appointing a successor guardian, modifying the guardianship's terms, or terminating the guardianship. A request for this order may be made by informal letter to the court or judge. If a request under this subsection is made by the person appointed by will or other writing under section 5301, the person shall also present proof of the person's appointment by will or other writing. A person who knowingly interferes with the transmission of this kind of request to the court or judge is subject to a finding of contempt of court.

(3) Except as otherwise provided in the order finding incapacity, on receiving a petition or request under this section, the court shall set a date for a hearing to be held within 28 days after the receipt of the petition or request. An order finding incapacity may specify a minimum period, not exceeding 182 days, during which a petition or request for a finding that a ward is no longer an incapacitated individual, or for an order removing the guardian, modifying the guardianship's terms, or terminating the guardianship, must not be filed without special leave of the court.

(4) Before removing a guardian, appointing a successor guardian, changing the designated standby guardian, modifying the guardianship's terms, or terminating a guardianship, and following the same procedures to safeguard the ward's rights as apply to a petition for a guardian's appointment, the court may send a visitor to the present guardian's residence and to the place where the ward resides or is detained to observe conditions and report in writing to the court.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2000, Act 54, Eff. Apr. 1, 2000; Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024
Mich. Comp. Laws § 445.1409 — MI Code / Chapter 445 / Act Act-332-of-1965 / Section 445.1409
Waiver.
Status: in_force

Sec. 409.

No act, agreement, or statement of a buyer under a home improvement installment contract or home improvement charge agreement constitutes a valid waiver of any provision of this act intended for the benefit or protection of the buyer.

History: 1965, Act 332, Eff. Jan. 1, 1966; Am. 1985, Act 202, Imd. Eff. Dec. 27, 1985
Mich. Comp. Laws § 456.13 — MI Code / Chapter 456 / Act Act-87-of-1855 / Section 456.13
Treasurer; bond.
Status: in_force

Sec. 13.

The treasurer shall give a bond to the corporation, with sufficient sureties, to be approved by the president thereof, for the faithful discharge of his duties, which bond shall be filed with the clerk.

History: 1855, Act 87, Imd. Eff. Feb. 12, 1855; CL 1857, 1729; CL 1871, 3386; How. 4740; CL 1897, 8374; CL 1915, 11134; CL 1929, 10413; CL 1948, 456.13
Mich. Comp. Laws § 324.1417 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.1417
Clean corporate citizen designation; termination.
Status: in_force

Sec. 1417.

(1) The director shall terminate a clean corporate citizen designation if the director determines that the facility does not meet applicable requirements of section 1407, 1409, or 1411.

(2) The director shall notify a facility of the director's intent to terminate the facility's clean corporate citizen designation and the specific reason for the termination not less than 30 days before terminating the designation.

(3) A facility whose designation is terminated may reapply for a clean corporate citizen designation at any time.

History: Add. 2012, Act 554, Imd. Eff. Jan. 2, 2013
Mich. Comp. Laws § 380.948 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.948
Assets and liabilities; employment contracts and agreements; applicability of subsection (2); rights and benefits.
Status: in_force

Sec. 948.

Upon the effective date of the division of the school district, all assets and liabilities of the divided school district, with the exception of its bonded indebtedness, shall become the assets and liabilities of the annexing school district except as provided in subsection (2).

Except as provided in subsection (3), all employment contracts and agreements with authorized bargaining agents in effect at the time of the annexation-transfer election with the annexing school district, the annexed school district, and the school district or districts to which portions of the territory of the dividing school district are to be transferred shall remain in full force and effect for the duration of those contracts for the employees covered by them even after division of the district until representatives of employees, for the purposes of collective bargaining, have been certified by the Michigan employment relations commission and a successor agreement has been ratified by the bargaining agent of each bargaining unit and the boards of education of the annexing school district or the district or districts to which portions of the territory of the dividing school district have been transferred, as the case may be.

In the event of an agreement of the authorized bargaining agents and the board of a district in which employees are to be employed, not less than 60 days prior to the annexation-transfer election, the provisions of subsection (2) shall not apply. All personnel employed under the provisions of this act shall be entitled to all the rights and benefits to which they otherwise would be entitled had they been employed by the newly formed school district originally.

Employees of the dividing school district employed by the annexing school district or any district to which a portion of the territory of the dividing school district has been transferred shall be entitled to all rights provided by Act No. 4 of the Public Acts of the Extra Session of 1937, being sections 38.71 to 38.191 of the Michigan Compiled Laws, to which they would have been entitled if they had been employed originally by the annexing school district or any school district to which a portion of the territory of the dividing school has been transferred, as the case may be, including tenure status.

History: Add. 1984, Act 154, Imd. Eff. June 25, 1984
Mich. Comp. Laws § 331.46 — MI Code / Chapter 331 / Act Act-38-of-1969 / Section 331.46
State authority; state treasurer, agent; deposits, payments, security; agreements; system of accounts.
Status: in_force

Sec. 16.

All moneys of the state authority, except as otherwise authorized or provided in this section, shall be paid to the state treasurer, as agent of the state authority, who shall not commingle such moneys with any other moneys. The moneys shall be deposited in a separate bank account or accounts. The moneys in such accounts shall be paid out by the state treasurer on requisition of the chairman of the state authority or of such other officer or employee as the state authority shall authorize. If required by the state treasurer or the state authority, all deposits of such moneys shall be secured by obligations of the United States or of the state of a market value equal at all times to the amount of the deposit and all banks and trust companies are authorized to give such security for such deposits.

Notwithstanding the provisions of this section, the state authority, subject to the approval of the state treasurer, may contract with the holders of any of its notes or bonds as to the custody, collection, securing, investment and payment of any moneys of the state authority and any moneys held in trust or otherwise for the payment of notes or bonds. Moneys held in trust or otherwise for the payment of notes or bonds or in any way to secure notes or bonds and deposits of such moneys may be secured in the same manner as moneys of the state authority and all banks and trust companies are authorized to give such security for such deposits.

Subject to agreements with noteholders and bondholders and the approval of the auditor general, the authority shall prescribe a system of accounts for the state authority.

History: 1969, Act 38, Imd. Eff. July 14, 1969
Mich. Comp. Laws § 490.59 — MI Code / Chapter 490 / Act Act-41-of-1968 / Section 490.59
Effect of unrebutted presumptions; transfers, effect.
Status: in_force

Sec. 9.

Where not rebutted by clear and convincing evidence, the presumptions provided in this act are effective to establish beneficial ownership. Any transfers resulting from the application of these presumptions are effective by reason of the account contracts involved in this act and are not to be considered as testamentary or subject to the probate code.

History: 1968, Act 41, Eff. Nov. 15, 1968
Mich. Comp. Laws § 380.1222 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1222
Deposit of district funds; limitation.
Status: in_force

Sec. 1222.

A bank whose combined capital and surplus exceeds $50,000.00 may receive deposits of funds in an amount not more than double the combined capital and unimpaired surplus of the bank.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Mich. Comp. Laws § 333.9207 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.9207
Childhood immunization registry; Michigan care improvement registry; establishment; purpose; confidentiality and disclosure requirements.
Status: in_force

Sec. 9207.

(1) The department shall establish a registry, to be known as the "childhood immunization registry", to record information regarding immunizations performed under this part. Beginning after the effective date of the amendatory act that added section 9227(2), the "childhood immunization registry" shall be known as the "Michigan care improvement registry". The department shall enter information received under sections 2821 and 9206 in the registry.

(2) The information contained in the registry is subject to the confidentiality and disclosure requirements of sections 2637 and 2888 and to the rules promulgated under section 9227. The department may access the information contained in the registry when necessary to fulfill its duties under this code.

(3) Upon receipt of a written request from an individual who is 20 years of age or older, the department shall make any immunization information in the registry pertaining to that individual inaccessible. The written request shall be in a form prescribed or otherwise authorized by the department.

History: Add. 1996, Act 540, Imd. Eff. Jan. 15, 1997; Am. 2006, Act 91, Imd. Eff. Apr. 4, 2006
Mich. Comp. Laws § 35.1214 — MI Code / Chapter 35 / Act Act-363-of-2004 / Section 35.1214
Use of money; limitation.
Status: in_force

Sec. 4.

(1) Each year that the contribution designation program administered under section 435 of the income tax act of 1967, 1967 PA 281, MCL 206.435, is in effect, an amount equal to the cumulative designations, plus interest and dividends earned, made under that section shall be appropriated from the general fund to the fund for use solely in support of the purposes provided in this act. Except as otherwise provided in this subsection, no money from the fund shall be used for the purpose of administering the fund or implementing section 438 of the income tax act of 1967, 1967 PA 281, MCL 206.438. Not more than $50,000.00 shall be allocated annually from the fund to be used for advertising, marketing, and promoting the goals of the fund to the public.

(2) The money in the fund shall not be used by the department to replace funds otherwise designated to support similar programs within the department.

History: 2004, Act 363, Imd. Eff. Oct. 6, 2004; Am. 2014, Act 62, Imd. Eff. Mar. 27, 2014
Mich. Comp. Laws § 460.831 — MI Code / Chapter 460 / Act Act-448-of-1976 / Section 460.831
Joint agency; formation; creation; purpose; determination of best interest.
Status: in_force

Sec. 31.

A joint agency is formed when the governing bodies of 2 or more municipalities by resolution determine that it is in the best interest of the municipalities in accomplishing the purposes of this act to create a joint agency for the purpose of undertaking the planning, financing, development, acquisition, construction, reconstruction, improvement, enlargement, betterment, operation, or maintenance of a project or projects to supply electric power and energy for their present or future needs as an alternative or supplemental method of obtaining the benefits and assuming the responsibilities of ownership in a project. In determining whether the creation of a joint agency for this purpose is in the best interest of a municipality, the governing body of each municipality shall consider, but shall not be limited to, the following:

(a) Whether a separate entity may be able to finance the cost of projects in a more economic and efficient manner.

(b) Whether financial market acceptance may be enhanced if 1 entity is responsible for issuing and selling all of the bonds required for a project or projects in a timely and orderly manner and with a uniform credit rating, instead of multiple entities marketing their separate issues of bonds.

(c) Whether savings and other advantages may be obtained by providing a separate entity responsible for the acquisition, construction, ownership, and operation of a project or projects.

(d) Whether the existence of a separate entity will foster the continuation of joint planning and undertaking of projects, and the resulting economies and efficiencies to be realized from the joint planning and undertaking will serve the interests of the residents of the municipality. The determination made by the governing body of a municipality hereunder shall be conclusive.

History: 1976, Act 448, Imd. Eff. Jan. 13, 1977; Am. 2008, Act 21, Imd. Eff. Mar. 7, 2008
Mich. Comp. Laws § 450.4704 — MI Code / Chapter 450 / Act Act-23-of-1993 / Section 450.4704
Merger; provisions.
Status: in_force

Sec. 704.

When a merger takes effect, all of the following apply:

Every other constituent company merges into the surviving company and the separate existence of every constituent company except the surviving company ceases.

All property, real, personal, and mixed, all debts due on whatever account, including promises to make contributions, all other choses in action, and any other interest of or belonging to or due to each constituent company are vested in the surviving company without further act or deed and without reversion or impairment.

The surviving company may use the name and the assumed names of any constituent company, if the filings required under section 206(6) and (7) are made.

The surviving company has all of the liabilities of each constituent company.

A proceeding pending against any constituent company may be continued as if the merger had not occurred or the surviving company may be substituted in the proceeding for the limited liability company whose existence ceased.

The articles of organization of the surviving company are amended to the extent provided in the certificate of merger.

The membership interests in each constituent company are converted into membership interests in the surviving company, cash, or other property as provided in the plan of merger.

History: 1993, Act 23, Eff. June 1, 1993; Am. 1997, Act 52, Imd. Eff. July 1, 1997
Mich. Comp. Laws § 450.2506 — MI Code / Chapter 450 / Act Act-162-of-1982 / Section 450.2506
Dividing directors up to 5 classes; election or appointment; term; expiration.
Status: in_force

Sec. 506.

(1) The articles of incorporation or a bylaw adopted by the shareholders, members, or incorporators of a corporation that is organized on a stock or membership basis may provide that in lieu of annual election of all directors the directors are divided into up to 5 classes, each of which is as nearly equal in number as possible, and elected or appointed for the terms and in the manner as specified in the articles of incorporation or bylaws. If the articles of incorporation or the bylaws do not specify the term of office for the classes of directors, the term of office of directors in the first class shall expire at the first annual meeting of shareholders or members after their election, and that of each succeeding class shall expire at the next annual meeting after their election corresponding with the number of their class. At each annual meeting after classes are established, the shareholders or members shall elect a number of directors equal to the number of the class whose term expires at the time of the meeting to hold office until the next annual meeting corresponding with the number of their class.

(2) A corporation that has more than 1 class of shares or membership may provide in its articles of incorporation or a bylaw adopted by each class of shareholders or members for the election of 1 or more directors by shareholders or members of a class, to the exclusion of other shareholders or members.

(3) The articles of incorporation or bylaws of a corporation that is organized on a directorship basis may provide that the directors are divided into up to 5 classes, elected or appointed for the terms and in the manner as specified in the articles of incorporation or bylaws.

History: 1982, Act 162, Eff. Jan. 1, 1983; Am. 2014, Act 557, Imd. Eff. Jan. 15, 2015
Mich. Comp. Laws § 431.322 — MI Code / Chapter 431 / Act Act-279-of-1995 / Section 431.322
License fee and tax.
Status: in_force

Sec. 22.

(1) A licensed racetrack shall pay a license fee to the racing commissioner of $1,000.00 annually.

(2) Each holder of a race meeting license shall pay to the state treasurer, from the holder's commission, as follows:

(a) A tax in the amount of 3.5% of money wagered on interstate and intertrack simulcast races conducted at the holder's licensed race meetings.

(b) A tax in the amount of 1% of wagers processed through licensed third-party facilitators operating under this act.

(3) By eliminating the pari-mutuel wagering tax on live racing programs and altering the calculation of the tax on simulcast horse racing, it is not the intent of the legislature to diminish the funding and appropriations for the Michigan agriculture equine industry development fund and related programs described in section 20. The pari-mutuel tax alteration effected by this section is intended to generally allow for the improvement of the pari-mutuel horse racing and breeding industry in this state by increasing purses at licensed race meetings and making additional pari-mutuel revenues available for capital improvements at licensed racetracks in this state.

History: 1995, Act 279, Imd. Eff. Jan. 9, 1996; Am. 2016, Act 271, Imd. Eff. July 1, 2016; Am. 2019, Act 153, Imd. Eff. Dec. 20, 2019
Mich. Comp. Laws § 330.1210 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1210
Community mental health services program; election to establish; coordination of services.
Status: in_force

Sec. 210.

(1) Any single county or any combination of adjoining counties may elect to establish a community mental health services program by a majority vote of each county board of commissioners.

(2) A department-designated community mental health entity shall coordinate the provision of substance use disorder services in its region and shall ensure services are available for individuals with substance use disorder.

History: 1974, Act 258, Eff. Aug. 6, 1975; Am. 1995, Act 290, Eff. Mar. 28, 1996; Am. 2012, Act 500, Imd. Eff. Dec. 28, 2012
Mich. Comp. Laws § 125.1566 — MI Code / Chapter 125 / Act Act-524-of-1980 / Section 125.1566
Effective date.
Status: in_force

Sec. 6.

This act shall take effect January 1, 1983.

History: 1980, Act 524, Eff. Jan. 1, 1983
Mich. Comp. Laws § 124.10 — MI Code / Chapter 124 / Act Act-35-of-1951 / Section 124.10
Statute or charter requiring public official to post or obtain bond; furnishing surety or fidelity insurance coverage by group self-insurance pool.
Status: in_force

Sec. 10.

The provisions of any statute or charter requiring a public official to post bond or obtain a surety bond, the premium on which may lawfully be paid by a public agency of this state, may be satisfied with surety or fidelity insurance coverage furnished by a group self-insurance pool organized under this act, including any deductible amount or other portion self-insured by the public agency itself.

History: Add. 1982, Act 138, Imd. Eff. Apr. 27, 1982
Mich. Comp. Laws § 62.2 — MI Code / Chapter 61 / Act Act-3-of-1895 / Section 62.2
Additional officers; appointment.
Status: in_force

Sec. 2.

The president may nominate and the council appoint such officers as shall be provided for by resolution or ordinance of the council. The council may provide by ordinance or resolution for the appointment of other officers whose election or appointment is not specifically provided for in this act, as the council considers necessary for the execution of the powers granted by this act. The powers and duties of such officers shall be prescribed by the council. The council may require that the officers perform their duties faithfully and that proper measures be taken to punish neglect of duty by an officer.

This section is subject to an ordinance adopted under section 8 of chapter V.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895; CL 1897, 2700; CL 1915, 2570; Am. 1925, Act 105, Imd. Eff. Apr. 30, 1925; CL 1929, 1480; CL 1948, 62.2; Am. 1985, Act 173, Imd. Eff. Dec. 2, 1985; Am. 1998, Act 255, Imd. Eff. July 13, 1998
Mich. Comp. Laws § 388.1001 — MI Code / Chapter 388 / Act Act-287-of-1964 / Section 388.1001
State board of education; succession to powers; right to records; property, hearings.
Status: in_force

Sec. 1.

The state board of education provided for in the constitution of 1908, hereinafter referred to as the "old board", shall continue to function until 12 noon on January 1, 1965, at which time it is abolished and the terms of its members shall expire. The old board shall then be succeeded by the state board of education provided for in article 8 of the constitution of 1963, hereinafter referred to as the "state board". As soon after that time as convenient for the state board all records, files, papers and property of the old board shall be delivered and transferred to the state board. A hearing or proceeding pending before the old board shall not abate but shall be continued and determined by the state board in accordance with the law governing such hearing or proceeding. Whenever in any law, including this act, reference is made to the state board of education, it is deemed to be made, except where otherwise specifically provided, to the old board prior to such hour and to the state board thereafter.

History: 1964, Act 287, Eff. Aug. 28, 1964