FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 550.1605 — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1605
Certificate of authority; suspension or limitation; circumstances; order; hearing; notice.
Status: in_force

Sec. 605.

Upon due notice and an opportunity for an evidentiary hearing pursuant to the administrative procedures act, the commissioner may suspend or limit the certificate of authority of a health care corporation if the commissioner determines that any of the following circumstances exist:

The health care corporation does not meet the requirements of this act respecting the adequacy of its reserves.

The health care corporation is using methods or practices in the conduct of its business which render further transactions hazardous or injurious to subscribers of the corporation or the public.

The health care corporation refuses or fails to comply with this act or with a lawful order of the commissioner.

If the commissioner finds that the public health, safety, or welfare requires emergency action and incorporates this finding into an order, a summary suspension or limitation of a certificate of authority may be ordered. The suspension or limitation shall be effective on the date specified in the order or upon service of a certified copy of the order on the health care corporation, whichever is later, and shall be effective during the proceedings. The corporation shall have the right to an administrative hearing within 5 days to show why the summary suspension or limitation should be terminated.

An order of limitation may restrict the solicitation of certificates, the renewal of business in force, and the solicitation, offer, or acceptance of contracts, and may impose other conditions to continued authorization as are reasonably necessary to protect the subscribers of the corporation or the public. The commissioner shall terminate an order of limitation when the circumstance giving rise to the order ceases to exist.

Upon suspension or limitation of a corporation's certificate of authority, if the commissioner considers it necessary or desirable for the protection of the subscribers of the corporation or the public, the commissioner may publish notice of the suspension or limitation in 1 or more newspapers of general circulation in the state.

An emergency order by the commissioner which suspends or limits a corporation's certificate of authority shall be for a period not to exceed 1 year and, after opportunity of hearing, the commissioner for good cause may extend the period of suspension or limitation for additional periods not to exceed 1 year.

History: 1980, Act 350, Eff. Apr. 3, 1981
Mich. Comp. Laws § 330.1536 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1536
Transfer of resident; notice; appeal.
Status: in_force

Sec. 536.

(1) A resident in a facility may be transferred to any other facility, or to a hospital operated by the department, if the transfer would not be detrimental to the resident and the responsible community mental health services program approves the transfer.

(2) The resident and his or her nearest relative or guardian shall be notified at least 7 days before any transfer, except that a transfer may be effected earlier if necessitated by an emergency. In addition, the resident may designate 2 other persons to receive the notice. If the resident, his or her nearest relative, or guardian objects to the transfer, the department shall provide an opportunity to appeal the transfer.

(3) If a transfer is effected due to an emergency, the required notices shall be given as soon as possible, but not later than 24 hours after the transfer.

History: 1974, Act 258, Eff. Nov. 6, 1974; Am. 1995, Act 290, Eff. Mar. 28, 1996; Am. 2018, Act 596, Eff. Mar. 28, 2019
Mich. Comp. Laws § 125.1591 — MI Code / Chapter 125 / Act Act-57-of-1998 / Section 125.1591
Definitions.
Status: in_force

Sec. 1.

As used in this act:

"Contractor" means a person who contracts with a governmental entity to improve real property or perform or manage construction services. Contractor does not include a person licensed under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.

"Governmental entity" means the state, a county, city, township, village, public educational institution, or any political subdivision thereof.

"Improve" means to build, alter, repair, or demolish an improvement upon, connected with, or beneath the surface of any real property, to excavate, clear, grade, fill, or landscape any real property, to construct driveways and roadways, or to perform labor upon improvements.

"Improvement" includes, but is not limited to, all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, landscaping, trees, shrubbery, driveways, and roadways on real property.

"Person" means an individual, corporation, partnership, association, governmental entity, or any other legal entity.

"Real property" means the real estate that is improved, including, but not limited to, lands, leaseholds, tenements, hereditaments, and improvements placed on the real property.

History: 1998, Act 57, Eff. Oct. 6, 1998
Mich. Comp. Laws § 324.45904 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.45904
Game fish; sale; posting of license.
Status: in_force

Sec. 45904.

A person shall not propagate, rear, or possess, for the purpose of offering for sale or selling, any game fish, except at the location described in his or her license. The license shall be conspicuously posted at the person's place of business at all times.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 41.343 — MI Code / Chapter 41 / Act Act-107-of-1941 / Section 41.343
Township water supply and sewage disposal system; loan from corporation; bonds.
Status: in_force

Sec. 13.

A corporation proposing to locate and construct, in a township having no sewage disposal system and a water supply system installed before June 14, 1951 under the terms of sections 1 to 12 that is inadequate for domestic and proposed industrial or commercial requirements, a business or plant requiring the facilities of a modern and sufficient public water supply and sewage disposal system may loan to the township money sufficient to provide for the acquisition and construction of an adequate township water supply and sewage disposal system and for the refunding of revenue bonds or revenue notes then outstanding and constituting a lien upon the revenues of the existing water supply system. Without complying with section 1, the township may borrow money from the corporation for these purposes; execute revenue bonds and mortgages securing the loan; pledge the net revenues of the proposed water supply and sewage disposal system to the repayment of the loan; acquire, construct, or improve the works; and refund the bonds or notes. A bond issued under the provisions of this section is a valid and subsisting obligation of the township.

History: Add. 1951, Act 201, Imd. Eff. June 14, 1951; Am. 1989, Act 83, Imd. Eff. June 20, 1989
Mich. Comp. Laws § 333.2640 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2640
Parentage registry; use and access by family independence agency; access to child's medical records and information; immunity; exception.
Status: in_force

Sec. 2640.

The department shall give prompt access to the parentage registry to the family independence agency or its agent for the purpose of the family independence agency's duty to aid in the establishment or enforcement of child support obligations. The family independence agency or its agent may use or disclose the information from the parentage registry in carrying out that duty.

Notwithstanding section 2637, if there is a compelling need for medical records or information to determine whether child abuse or neglect has occurred or to take action to protect a child where there may be a substantial risk of harm, the department shall give access to a family independence agency caseworker or administrator directly involved in the investigation to the child's medical records and information that are pertinent to the child abuse or neglect investigation. Medical records or information disclosed under this section shall include the identity of the individual to whom the record or information pertains.

The department shall provide the access described by subsection (2) only upon receipt of a written request from a caseworker or administrator directly involved in the investigation and shall provide that access within 14 calendar days after the record holder receives the written request. The department shall provide that access regardless of the consent of the person from whom consent would otherwise be required.

To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1415, an individual who in good faith provides access to medical records or information under subsection (2) is immune from civil or administrative liability arising from that conduct, unless the conduct was gross negligence or willful and wanton misconduct.

This section does not apply to a report, record, datum, or information whose confidentiality and disclosure are governed by section 5131.

History: Add. 1996, Act 307, Imd. Eff. June 20, 1996; Am. 1998, Act 496, Eff. Mar. 1, 1999
Mich. Comp. Laws § 400.1501 — MI Code / Chapter 400 / Act Act-389-of-1978 / Section 400.1501
Definitions.
Status: in_force

Sec. 1.

As used in this act:

(a) "Board" means the Michigan domestic and sexual violence prevention and treatment board created under Executive Order No. 2012-17.

(b) "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

(c) "Department" means the department of health and human services.

(d) "Domestic violence" means the occurrence of any of the following acts by an individual that is not an act of self-defense:

( i ) Causing or attempting to cause physical or mental harm to a family or household member.

( ii ) Placing a family or household member in fear of physical or mental harm.

( iii ) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

( iv ) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(e) "Family or household member" includes any of the following:

( i ) A spouse or former spouse.

( ii ) An individual with whom the person resides or has resided.

( iii ) An individual with whom the person has or has had a dating relationship.

( iv ) An individual with whom the person is or has engaged in a sexual relationship.

( v ) An individual to whom the person is related or was formerly related by marriage.

( vi ) An individual with whom the person has a child in common.

( vii ) The minor child of an individual described in subparagraphs ( i ) to ( vi ).

(f) "Fund" means the domestic violence prevention and treatment fund created in section 5.

(g) "Prime sponsor" means a county, city, village, or township of this state, or a combination thereof, a federally recognized Indian tribe that has trust land located within this state, or a private, nonprofit association or organization.

History: 1978, Act 389, Eff. Oct. 1, 1978; Am. 2000, Act 84, Eff. July 1, 2000; Am. 2018, Act 281, Eff. Sept. 27, 2018; Am. 2023, Act 182, Eff. Feb. 13, 2024
Mich. Comp. Laws § 250.1063 — MI Code / Chapter 250 / Act Act-142-of-2001 / Section 250.1063
“Veteran's Memorial Highway.”
Status: in_force

Sec. 63.

The portion of highway business route US-27 beginning at Polk road in Emerson township in Gratiot county, continuing south through the city of Ithaca to Center road, and continuing east to the intersection of highway business route US-27 and US-27 in Emerson township in Gratiot county shall be named the "Veteran's Memorial Highway".

History: 2001, Act 142, Imd. Eff. Oct. 26, 2001
Mich. Comp. Laws § 4.779 — MI Code / Chapter 4 / Act Act-198-of-2016 / Section 4.779
Confidentiality; disclosure; privacy provisions.
Status: in_force

Sec. 9.

(1) Correspondence between the ombudsman and a complainant is confidential and is privileged communication.

(2) A report prepared and recommendations made by the ombudsman and submitted to the council under section 10 and any record of the ombudsman are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(3) All records, reports, and communications relied upon, referenced, or prepared are subject to the privacy provisions of the health insurance portability and accountability act of 1996, Public Law 104-191, and regulations promulgated under that act, 45 CFR parts 160 and 164.

History: 2016, Act 198, Eff. Sept. 20, 2016
Mich. Comp. Laws § 257.4a — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.4a
“Birthday” defined.
Status: in_force

Sec. 4a.

"Birthday" shall mean any anniversary of the original date of birth, and all persons born on February 29 shall be deemed, for the purposes of this act, to have been born on March 1.

History: Add. 1953, Act 215, Eff. Oct. 2, 1953
Mich. Comp. Laws § 124.123 — MI Code / Chapter 124 / Act Act-258-of-2011 / Section 124.123
Construction of infrastructure related to international border crossing not authorized.
Status: in_force

Sec. 13.

Nothing in this act authorizes or shall be construed to authorize the construction of any tunnel, bridge, or other infrastructure that is part of or related to an international border crossing.

History: 2011, Act 258, Imd. Eff. Dec. 14, 2011
Mich. Comp. Laws § 328.224 — MI Code / Chapter 328 / Act Act-255-of-1986 / Section 328.224
Liability for principal and income; investment of funds; changing escrow agent or depository.
Status: in_force

Sec. 14.

Payments of principal and income by a depository or an escrow agent made in good faith pursuant to the terms of this act shall relieve that depository or escrow agent of any further liability for that principal and income.

An escrow agent shall invest funds held or managed under this act only as expressly authorized by this act and shall not invest funds by purchasing life insurance or annuities the proceeds of which are not payable in full until the happening of some event including, but not limited to, death of the contract beneficiary.

A provider or an escrow agent may, without approval of any other party, change the depository of any escrow account, with or without cause, at any time. A contract buyer shall be notified if the escrow agent or depository is changed.

History: 1986, Act 255, Eff. July 1, 1987
Mich. Comp. Laws § 324.82142 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.82142
Consideration of prior convictions; sanctions.
Status: in_force

Sec. 82142.

Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of section 82127(1), (3), (4), (5), (6), or (7) or a local ordinance substantially corresponding to section 82127(1), (3), or (6) whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions established under section 82130, except those convictions that, upon motion by the defendant, are determined by the court to be constitutionally invalid, and shall impose the following sanctions:

(a) For a conviction under section 82127(4) or (5), the court shall order, without an expiration date, that the person not operate a snowmobile.

(b) For a conviction under section 82127(1) or a local ordinance substantially corresponding to section 82127(1):

( i ) If the court finds that the person has no prior convictions within 7 years, the court shall order that the person not operate a snowmobile for not less than 6 months or more than 2 years and shall require that the person take and successfully complete the snowmobile safety education and training program before operating a snowmobile.

( ii ) If the court finds that the person has 1 or more prior convictions within 7 years, the court shall order that the person not operate a snowmobile for a period of not less than 1 year or more than 2 years and shall require the person to take and successfully complete the snowmobile safety education and training program before operating a snowmobile.

( iii ) If the court finds that the person has 2 or more prior convictions within 10 years, the court shall order, without an expiration date, that the person not operate a snowmobile.

(c) For a conviction under section 82127(3) or a local ordinance substantially corresponding to section 82127(3):

( i ) If the court finds that the convicted person has no prior conviction within 7 years, the court shall order that the person not operate a snowmobile for not less than 90 days or more than 1 year.

( ii ) If the court finds that the person has 1 prior conviction within 7 years, the court shall order that the person not operate a snowmobile for not less than 6 months or more than 2 years.

( iii ) If the court finds that the person has 2 or more prior convictions within 10 years, the court shall order, without an expiration date, the person not to operate a snowmobile.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995; Am. 2014, Act 404, Eff. Mar. 31, 2015
Mich. Comp. Laws § 776.8 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 776.8
Extradition; warrant to agent; issuance, contents.
Status: in_force

Sec. 8.

If the governor shall be satisfied that the demand is conformable to law, and ought to be complied with, he shall issue his warrant, under the seal of the state, authorizing the agents who make such demand, either forthwith or at such time as shall be designated in the warrant, to take and transport such person to the line of this state, at the expense of such agents, and shall also by such warrant require the civil officers within this state to afford all needful assistance in the execution thereof.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17498; CL 1948, 776.8
Mich. Comp. Laws § 700.3101 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.3101
Devolution of estate at death; restrictions.
Status: in_force

Sec. 3101.

An individual's power to leave property by will, and the rights of creditors, devisees, and heirs to his or her property, are subject to the restrictions and limitations contained in this act to facilitate the prompt settlement of estates. Upon an individual's death, the decedent's property devolves to the persons to whom the property is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, disclaimer, or other circumstances affecting devolution of a testate estate, or in the absence of testamentary disposition, to the decedent's heirs or to those indicated as substitutes for them in cases involving disclaimer or other circumstances affecting devolution of an intestate estate, subject to homestead allowance, family allowance, and exempt property, to rights of creditors, to the surviving spouse's elective share, and to administration.

History: 1998, Act 386, Eff. Apr. 1, 2000
Mich. Comp. Laws § 169.250 — MI Code / Chapter 169 / Act Act-388-of-1976 / Section 169.250
Acceptance of honorarium by legislator prohibited; violation as misdemeanor; penalty.
Status: in_force

Sec. 50.

A legislator shall not accept an honorarium. A person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 90 days, or both.

History: Add. 1994, Act 385, Eff. Jan. 1, 1995
Mich. Comp. Laws § 773.4 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 773.4
Inquest; subpoenas for witnesses; enforcement; requiring attendance by physician or surgeon; employment of chemist; compensation; audit and allowance.
Status: in_force

Sec. 4.

The magistrate may issue subpoenas for witnesses returnable immediately or at the time and place prescribed in the subpoena. The attendance of the person served with the subpoena may be enforced in the same manner and shall be subject to the same penalty as if the person had been served with a subpoena in behalf of the people of this state, to attend a trial before that magistrate. A magistrate holding an inquest may require by subpoena the attendance of a competent physician or surgeon for the purpose of making a postmortem examination and of testifying as to the result of the examination. The magistrate may also employ a chemist if there is reasonable ground of suspicion that death has been produced by poison. The amount of compensation for the attendance and services of a physician, surgeon, or chemist shall be audited and allowed by the county board of commissioners of the proper county, or by the board of county auditors in counties having a board of county auditors.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17406; CL 1948, 773.4; Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Mich. Comp. Laws § 333.21718 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.21718
Conditions of skilled nursing facility certification and participation in title 19 program; exception; exemption.
Status: in_force

Sec. 21718.

(1) Except as provided in subsections (3) and (4), as a condition of skilled nursing facility certification and participation in the title 19 program of the social security act, 42 USC 1396 to 1396w-5, a nursing home shall be concurrently certified for and give evidence of active participation in the title 18 program of the social security act, 42 USC 1395 to 1395kkk-1. A nursing facility that is not concurrently certified for the title 18 program on March 30, 1979 shall make application for concurrent certification not later than its next application for licensure and certification. A failure to make application shall result in the skilled nursing facility being decertified or refused certification as a provider in the title 19 program. Nursing home or nursing care facility participation in the title 18 program under the requirements for concurrent certification shall be effective not later than the beginning of the first accounting year following the home's or facility's title 18 certification.

(2) As a condition of skilled nursing facility certification, a nursing home shall obtain concurrent certification under title 19 of the social security act, 42 USC 1396 to 1396w-5, for each bed that is certified to provide skilled care under title 18 of the social security act, 42 USC 1395 to 1395kkk-1. Skilled care certification shall not be renewed unless the requirements of this subsection are met.

(3) An exception may be made from the requirements of subsection (1) for a nursing facility that is currently certified as a skilled nursing facility by the director for title 19 participation but has been determined, after making application, to be ineligible for title 18 certification by the secretary of the United States department of health and human services.

(4) A home or facility, or a distinct part of a home or facility, certified by the director as a special mental illness or a special developmental disability nursing home or nursing care facility is exempt from the requirements of subsection (1).

History: Add. 1978, Act 493, Eff. Mar. 30, 1979; Am. 2014, Act 66, Imd. Eff. Mar. 28, 2014
Mich. Comp. Laws § 41.350d — MI Code / Chapter 41 / Act Act-107-of-1941 / Section 41.350d
Annual fire protection cost; payment.
Status: in_force

Sec. 20d.

The township board may use unappropriated money in its general fund to pay for a portion of the annual fire protection cost described in section 20c, including money received under the provisions of sections 8 and 10 of article IX of the state constitution of 1963.

History: Add. 1989, Act 83, Imd. Eff. June 20, 1989