FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 750.473 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.473
Use of tobacco product on school property prohibited; violation as misdemeanor; definitions; applicability of subsection (1) to outdoor areas.
Status: in_force

Sec. 473.

Except as otherwise provided in subsection (4), a person shall not use a tobacco product on school property.

A person who violates subsection (1) is guilty of a misdemeanor, punishable by a fine of not more than $50.00.

As used in this section:

"School district" means a school district, local act school district, or intermediate school district, as those terms are defined in the school code of 1976, Act No. 451 of the Public Acts of 1976, being sections 380.1 to 380.1852 of the Michigan Compiled Laws; a joint high school district formed under part 3A of Act No. 451 of the Public Acts of 1976, being sections 380.171 to 380.187 of the Michigan Compiled Laws; or a consortium or cooperative arrangement consisting of any combination of these.

"School property" means a building, facility, or structure and other real estate owned, leased, or otherwise controlled by a school district.

"Tobacco product" means a preparation of tobacco to be inhaled, chewed, or placed in a person's mouth.

"Use a tobacco product" means any of the following:

The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.

The inhaling or chewing of a tobacco product.

The placing of a tobacco product within a person's mouth.

Subsection (1) does not apply to that part of school property consisting of outdoor areas including, but not limited to, an open-air stadium, during either of the following time periods:

Saturdays, Sundays, and other days on which there are no regularly scheduled school hours.

After 6 p.m. on days during which there are regularly scheduled school hours.

History: Add. 1993, Act 140, Eff. Sept. 1, 1993
Mich. Comp. Laws § 565.6 — MI Code / Chapter 565 / Act R-S-of-1846 / Section 565.6
Covenants; implication in mortgage.
Status: in_force

Sec. 6.

No mortgage shall be construed as implying a covenant for the payment of the sum thereby intended to be secured; and where there shall be no express covenant for such payment contained in the mortgage, and no bond or other separate instrument to secure such payment, shall have been given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

History: R.S. 1846, Ch. 65; CL 1857, 2725; CL 1871, 4208; How. 5656; CL 1897, 8960; CL 1915, 11692; CL 1929, 13282; CL 1948, 565.6
Mich. Comp. Laws § 752.54 — MI Code / Chapter 752 / Act Act-10-of-1937 / Section 752.54
Instruction or examination on requirements of act.
Status: in_force

Sec. 4.

If a person elects or is required to take instruction for the purpose of driving motor vehicles or for the preparation of an examination given by the department of state for a license to operate a motor vehicle, or is required to take an examination given by the department of state, the person shall be instructed or examined on the requirements of this act.

History: Add. 1986, Act 62, Eff. Jan. 1, 1987
Mich. Comp. Laws § 409.124 — MI Code / Chapter 409 / Act Act-90-of-1978 / Section 409.124
Effective date.
Status: in_force

Sec. 24.

This act shall take effect June 1, 1978.

History: 1978, Act 90, Eff. June 1, 1978
Mich. Comp. Laws § 38.2651b — MI Code / Chapter 38 / Act Act-234-of-1992 / Section 38.2651b
Election pursuant to MCL 38.2651 or MCL 38.2651a.
Status: in_force

Sec. 701b.

A member who makes and files a written election under section 701a(1) or an individual who makes and files a written election under section 701(2) shall at the time of that election also make an election to do 1 of the following:

To have 100% of his or her salary that is paid both directly and indirectly by this state for the position he or she holds be considered his or her salary in Tier 2.

To have the portion of his or her salary that is considered compensation under Tier 1 on the day before his or her election continue to be the portion that is considered his or her salary in Tier 2.

A member or individual who does not make the election described in subsection (1) at the time he or she makes the election under section 701a(1) or 701(2) is considered to have made the election described in subsection (1)(b). An election made by a member or individual under this section is irrevocable.

Upon the request of a member, a reporting unit shall disclose to the member the effect an election under this section, if made, will have on the member's right as a retirant to health care benefits from that reporting unit.

This section shall not apply until the department of management and budget receives notification from the United States internal revenue service that the salary election under this section is acceptable.

History: Add. 1999, Act 215, Eff. May 30, 2000
Mich. Comp. Laws § 462.173 — MI Code / Chapter 462 / Act Act-354-of-1993 / Section 462.173
Service of process; practice and rules of evidence; execution of process; certified copies of orders.
Status: in_force

Sec. 173.

In all actions and proceedings in court arising under this act process shall be served and the practice and rules of evidence shall be the same as in civil actions, except as otherwise provided in this act. A sheriff or other officer empowered to execute civil process may execute any process issued under this act and shall receive compensation for that purpose as may be prescribed by law for similar services.

Upon application of any person the department shall furnish certified copies, signed and under seal of the department, of any order made by it, and, if otherwise admissible, may be admitted as evidence in any court or proceedings without further authentication.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Mich. Comp. Laws § 691.1609 — MI Code / Chapter 691 / Act Act-27-of-1994 / Section 691.1609
Participation in illegal marketing of controlled substance; presumptions.
Status: in_force

Sec. 9.

If a defendant under this act has a criminal conviction under state or federal law for an act that constitutes participation in illegal marketing of a controlled substance under this act, that person is conclusively presumed to have participated in illegal marketing of a controlled substance for the purposes of this act.

If a defendant is proven or presumed to have participated in illegal marketing of a controlled substance, that defendant is presumed to have participated during the 2 years before and the 2 years after the date of the participation or conviction, unless the defendant proves otherwise by clear and convincing evidence.

In addition to each county in which a defendant is proven to have actually participated in illegal marketing of a controlled substance, the defendant is presumed to have participated in each county in which the defendant resides, attends school, is employed, or does business during the period of participation. In addition to the counties in which the individual abuser is proven to have obtained or used the controlled substance, the individual abuser is presumed to have obtained or used the controlled substance in each county in which the individual resides, attends school, or is employed during the period of the individual's abuse of that controlled substance, unless the defendant proves otherwise by clear and convincing evidence.

History: 1994, Act 27, Eff. Apr. 1, 1994
Mich. Comp. Laws § 500.3553 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3553
Certificate of authority; deposit requirements.
Status: in_force

Sec. 3553.

(1) To obtain or maintain a certificate of authority in this state, a health maintenance organization shall possess and maintain a deposit in an amount determined adequate by the director to continue to comply with section 403 but not less than $100,000.00 plus 5% of annual subscription revenue up to a $1,000,000.00 maximum deposit.

(2) A health maintenance organization shall make the deposit required under subsection (1) with the state treasurer or with a federal or state chartered financial institution under a trust indenture acceptable to the director for the sole benefit of the subscribers and enrollees in case of insolvency.

History: Add. 2000, Act 252, Imd. Eff. June 29, 2000; Am. 2016, Act 276, Imd. Eff. July 1, 2016
Mich. Comp. Laws § 418.206 — MI Code / Chapter 418 / Act Act-317-of-1969 / Section 418.206
Position of hearing referee abolished; powers and duties of worker's compensation magistrates; hearings.
Status: in_force

Sec. 206.

The position of hearing referee under this act is abolished as of March 31, 1987.

Only worker's compensation magistrates shall hear cases for which an application for a hearing under section 847 has been filed after March 31, 1986 and shall have the powers and perform the duties prescribed in this act.

Any case for which an application for a hearing under section 847 has been filed before April 1, 1986 and which has not been heard by a hearing referee by March 31, 1987 shall be heard by a worker's compensation magistrate according to the law and procedures applicable to cases heard by hearing referees.

History: Add. 1985, Act 103, Imd. Eff. July 30, 1985
Mich. Comp. Laws § 333.22103 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.22103
Quality assurance monitoring process; surveys for certification; survey teams; quality assurance monitor; responsibilities.
Status: in_force

Sec. 22103.

(1) The department shall implement a quality assurance monitoring process for the purposes of conducting the surveys described in this part for the purpose of certification. The quality assurance monitoring process must include the quality assurance review of citations as described in this part. The department shall establish an advisory workgroup to provide recommendations to the department on the quality assurance monitoring process. Subject to subsection (2), the advisory workgroup established under this section must include a representative from the department, representatives from nursing home provider organizations, the state long-term care ombudsman, and any other representative that the department considers necessary or appropriate. The advisory workgroup shall identify and make recommendations on improvements to the quality assurance monitoring process to ensure ongoing validity, reliability, and consistency of nursing home survey findings.

(2) Representatives from each nursing home provider organization that does not own or operate a nursing home representing 30 or more nursing homes statewide and the state long-term care ombudsman or his or her designee are permanent members of the advisory workgroup established under subsection (1). The department shall issue survey certification memorandums to providers to announce or clarify changes in the interpretation of regulations.

(3) The department shall ensure that each nursing home survey team conducting a standard survey is composed of an interdisciplinary group of professionals, at least 1 of whom must be a registered professional nurse. Other members of the survey team may include social workers, therapists, dietitians, pharmacists, administrators, physicians, sanitarians, and others who may have the expertise necessary to evaluate specific aspects of nursing home operation.

(4) The nursing home surveyors conducting a standard survey shall designate a quality assurance monitor. The individual designated as the quality assurance monitor shall ensure all of the following:

(a) That survey protocols from the Centers for Medicare and Medicaid Services are followed.

(b) That interpretive regulatory guidance issued by the Centers for Medicare and Medicaid Services is applied consistently and noncompliance with the interpretive regulatory guidance is documented in a clear and concise manner.

(c) An entrance and exit conference is conducted in accordance with survey procedural guidelines established by the Centers for Medicare and Medicaid Services.

(d) That the survey complies with this part.

History: Add. 2022, Act 187, Imd. Eff. July 25, 2022
Mich. Comp. Laws § 570.152 — MI Code / Chapter 570 / Act Act-259-of-1931 / Section 570.152
Building contract fund; fraudulent detention or use by contractor or subcontractor, penalty.
Status: in_force

Sec. 2.

Any contractor or subcontractor engaged in the building construction business, who, with intent to defraud, shall retain or use the proceeds or any part therefor, of any payment made to him, for any other purpose than to first pay laborers, subcontractors and materialmen, engaged by him to perform labor or furnish material for the specific improvement, shall be guilty of a felony in appropriating such funds to his own use while any amount for which he may be liable or become liable under the terms of his contract for such labor or material remains unpaid, and may be prosecuted upon the complaint of any persons so defrauded, and, upon conviction, shall be punished by a fine of not less than 100 dollars or more than 5,000 dollars and/or not less than 6 months nor more than 3 years imprisonment in a state prison at the discretion of the court.

History: 1931, Act 259, Eff. Sept. 18, 1931; CL 1948, 570.152
Mich. Comp. Laws § 331.77 — MI Code / Chapter 331 / Act Act-38-of-1969 / Section 331.77
Certificate of need required; exception.
Status: in_force

Sec. 47.

Before a state or local authority adopts a resolution authorizing the issuance of bonds or notes and as a condition precedent to the authority to issue the bonds or notes, a certificate of need shall be obtained pursuant to Act No. 256 of the Public Acts of 1972, as amended, being sections 331.451 to 331.462 of the Michigan Compiled Laws, or a determination shall be secured from the agency issuing the certificate of need that a certificate is not necessary for the project. This section shall not apply to refinancing of present indebtedness or to refunding or advance refunding of bonds or notes; provided, however, that prior to the issuance of bonds pursuant to section 14(2) or section 32, entirely for the purpose of refunding or advance refunding bonds of any authority created or incorporated under this act, and prior to the issuance of bonds pursuant to section 12(d) or sections 27(b) or 28, entirely for the purpose of refinancing indebtedness of a hospital, the authority issuing the bonds shall determine that the issuance of the bonds is not inconsistent with a hospital bed reduction plan, if such a plan has been developed and is applicable to the hospital facilities in connection with which the bonds are issued, which is part of the state medical facilities plan approved by the statewide health coordinating council, and the determination of the authority issuing the bonds shall be conclusive.

History: 1969, Act 38, Imd. Eff. July 14, 1969; Am. 1970, Act 142, Imd. Eff. Aug. 1, 1970; Am. 1974, Act 137, Imd. Eff. June 5, 1974; Am. 1978, Act 277, Imd. Eff. July 3, 1978
Mich. Comp. Laws § 388.1855 — MI Code / Chapter 388 / Act Act-94-of-1979 / Section 388.1855
Needs analysis criteria; qualifications.
Status: in_force

Sec. 255.

The department of lifelong education, advancement, and potential shall determine the needs analysis criteria for students to qualify for the state competitive scholarship program and tuition grant program. To be consistent with federal requirements, the department of lifelong education, advancement, and potential may take student wages into consideration when determining the amount of the award.

History: Add. 2011, Act 62, Eff. Oct. 1, 2011; Am. 2012, Act 201, Eff. Oct. 1, 2012; Am. 2024, Act 120, Eff. Oct. 1, 2024
Mich. Comp. Laws § 712.2 — MI Code / Chapter 701 / Act Act-288-of-1939 / Section 712.2
Newborn surrendered to emergency service provider; court jurisdiction; effect of other provisions of law; immunity from civil action.
Status: in_force

Sec. 2.

The court has jurisdiction over a newborn who is surrendered to an emergency service provider as provided in section 3 of this chapter. The court may appoint a lawyer-guardian ad litem to represent a newborn in proceedings under this chapter.

Except as provided in section 5 of this chapter, the reporting requirement of section 3 of the child protection law, 1975 PA 238, MCL 722.623, does not apply regarding a child surrendered to an emergency service provider as provided in section 3 of this chapter.

Unless this chapter specifically provides otherwise, a provision in another chapter of this act does not apply to a proceeding under this chapter. Unless this chapter specifically provides otherwise, the child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.30, does not apply to a proceeding under this chapter.

A hospital and a child placing agency, and their agents and employees, are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this chapter, except for an act or omission constituting gross negligence or willful or wanton misconduct. To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1415, an employee or contractor of a fire department or police station has the same immunity that this subsection provides to a hospital's or child placing agency's agent or employee.

History: Add. 2000 Act 232, Eff. Jan. 1, 2001
Mich. Comp. Laws § 333.2617 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2617
Comprehensive health information system; statistics.
Status: in_force

Sec. 2617.

The health information system shall include statistics relative to:

The causes, effects, extent, and nature of illness and disability of the people of this state, or a grouping of its people, which may include the incidence and prevalence of various acute and chronic illnesses and infant and maternal morbidity and mortality.

The impact of illness and disability of the people of this state on the economy of this state and on other aspects of the well-being of its people or a grouping of its people.

Environmental, social, and other health hazards and health knowledge and practices of the people of this state.

Determinants of health and nutritional practices and status, including behavior related to health.

Health resources, which may include health care institutions.

The utilization of health care, which may include the utilization of ambulatory health services by specialties and types of practice of the health professionals providing the services, and services of health facilities and agencies defined in section 20106 and other health care institutions.

Health care costs and financing, which may include the trends in health care prices and costs, the sources of payments for health care services, and federal, state, and local governmental expenditures for health care services.

History: 1978, Act 368, Eff. Sept. 30, 1978
Mich. Comp. Laws § 123.131 — MI Code / Chapter 123 / Act Act-28-of-1935 / Section 123.131
Public utility franchises in cities under 15,000; validation.
Status: in_force

Sec. 1.

Whenever any franchises as are required by sections 24 and/or 25 of article 8 of the constitution of the state of Michigan have heretofore been approved by the requisite majority of the qualified voters of any city having a population not to exceed 15,000 according to the last federal census, as fixed by the several enabling acts under which the election was held, the said franchises as so approved by the voters are hereby confirmed and validated and declared to be legal and binding franchises of the city if, as and when so approved by the voters, notwithstanding said franchises fail to fix rates and/or charges to be made by the grantee in said franchises, and notwithstanding said franchises delegate to the city council and/or the grantee in said franchises the power to agree upon rates and/or charges, and notwithstanding said franchises provide that if rates and/or charges cannot be agreed upon between said city and the grantee in said franchise, said rates and/or charges may be fixed by the Michigan public utilities commission, or its successors, from time to time upon the application of either party to said franchise after due hearing thereon, and notwithstanding said franchises may be invalid as to any matter of substance or form.

History: 1935, Act 28, Imd. Eff. Apr. 19, 1935; CL 1948, 123.131
Mich. Comp. Laws § 445.867 — MI Code / Chapter 445 / Act Act-224-of-1966 / Section 445.867
Violation of act; misdemeanor.
Status: in_force

Sec. 17.

Any person who wilfully and intentionally violates any provisions of this act shall be guilty of a misdemeanor.

History: 1966, Act 224, Eff. Mar. 10, 1967
Mich. Comp. Laws § 38.851 — MI Code / Chapter 38 / Act Act-205-of-1951 / Section 38.851
Federal social security old-age and survivors insurance coverage; extension to public employees; maintenance of benefits.
Status: in_force

Sec. 1.

In order to extend to employees of the state of Michigan and its political subdivisions and to the dependents and survivors of such employees, the provisions of old-age and survivors insurance system embodied in the social security act, it is hereby declared to be agreeable to the state, subject to the limitations of this act, that such steps be taken as to provide such coverage to employees of the state and its political subdivisions, on as broad a basis as permitted by title II of the social security act.

In the event the positions of any coverage group covered by any public retirement system shall become covered under old-age and survivors insurance, then the aggregate benefits, old-age and survivors insurance and those of the public retirement system combined, for such public employees in positions covered by a retirement system on January 1, 1955, and for those receiving or entitled to receive periodic benefits from such retirement systems on January 1, 1955, shall not be less than the benefits provided by their respective retirement acts, charters, ordinances, or other official instruments of coverage in effect on January 1, 1955.

History: 1951, Act 205, Imd. Eff. June 14, 1951; Am. 1955, Act 39, Imd. Eff. Apr. 21, 1955
Mich. Comp. Laws § 213.74 — MI Code / Chapter 213 / Act Act-87-of-1980 / Section 213.74
Coercive actions prohibited.
Status: in_force

Sec. 24.

In order to compel an agreement on the price to be paid for the property, an agency may not advance the time of condemnation, defer negotiations or condemnation, defer the deposit of funds for the use of the owner, nor take any other action coercive in nature.

History: 1980, Act 87, Imd. Eff. Apr. 8, 1980
Mich. Comp. Laws § 750.374 — MI Code / Chapter 750 / Act Act-328-of-1931 / Section 750.374
Game promotion; second offense.
Status: in_force

Sec. 374.

Second offense-If any person shall, after being convicted of any offense mentioned in either of the 2 next preceding sections, commit the like offense, or any other of the offenses therein mentioned, he shall be guilty of a felony.

History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, 750.374
Mich. Comp. Laws § 328.234 — MI Code / Chapter 328 / Act Act-255-of-1986 / Section 328.234
Action to force compliance; damages; orders.
Status: in_force

Sec. 24.

The department or any other person, in order to force compliance with this act, may bring an action in a circuit court in any county in which the registrant or any other person has solicited or sold prepaid contracts, whether or not that person has purchased a prepaid contract or is personally aggrieved by a violation of this act. The court may award damages, issue equitable orders in accordance with the Michigan court rules to restrain conduct in violation of this act, and award reasonable attorney fees and costs to a prevailing party.

History: 1986, Act 255, Eff. July 1, 1987; Am. 2004, Act 21, Eff. Jan. 1, 2005