FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 333.22121 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.22121
Implementation of progressive discretionary enforcement actions.
Status: in_force

Sec. 22121.

To the extent permitted by federal law, the department shall establish and implement progressive discretionary enforcement actions for the purposes of this part that consider the least restrictive enforcement action if a nursing home does not have a history of receiving citations in past nursing home surveys under this part and increase in severity if a nursing home has a history of receiving similar citations in past nursing home surveys under this part.

History: Add. 2022, Act 187, Imd. Eff. July 25, 2022
Mich. Comp. Laws § Schedule § 10 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Schedule § 10
Boards controlling higher education institutions and state board of public community and junior colleges, terms.
Status: in_force

Sec. 10.

The provisions of this constitution providing for members of boards of control of institutions of higher education and the state board of public community and junior colleges shall be implemented by law. The law may provide that the term of each member in office on the date of the vote on this constitution may be extended, and may further provide that the initial terms of office of members may be less than eight years.

History: Const. 1963, Schedule, § 10, Eff. Jan. 1, 1964
Mich. Comp. Laws § 325.2017 — MI Code / Chapter 325 / Act Act-323-of-1978 / Section 325.2017
Additional duties of office.
Status: in_force

Sec. 17.

In addition to the duties prescribed under section 15, the office shall do all of the following:

Collect and publish technical and other information, if the collection and publication of such information is not duplicative, that would promote informed decision making by individuals and groups related to services, financing and delivery systems, and health benefit design.

Identify priority health issues and create strategies to address the priority health issues in a coordinated manner. The office may convene appropriate groups and consult with the council in carrying out the duties of the office under this subdivision.

Collect, retrieve, analyze, report, and publish data and information concerning health policy and health planning to the maximum extent possible using existing data and information from extant sources. The office shall utilize the data, statistics, and other information collected or prepared by other state and local agencies concerning the health status and health needs of the people of this state.

Perform other duties and responsibilities prescribed by the governor or the legislature.

Inform the council of the activities of the office.

Recommend to the governor, legislature, and other state departments and agencies ways to implement the state health plan.

Advise the governor and the legislature as to plans and policies of state departments and agencies and other public and private entities relating to health activities appropriate to assure implementation of the state health plan.

Develop recommendations to improve the organization, delivery, and financing of health care.

Advise the governor and the legislature on the steps necessary to achieve and facilitate a consistent and coordinated policy for health affairs in this state.

Perform other duties as specified in part 222 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.22201 to 333.22259 of the Michigan Compiled Laws.

History: 1978, Act 323, Imd. Eff. July 10, 1978; Am. 1988, Act 309, Eff. Oct. 1, 1988
Mich. Comp. Laws § 168.836 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.836
Ordering special election in precinct affected by defect or mechanical malfunction; conditions; effect of votes in excess of electors.
Status: in_force

Sec. 836.

The board of canvassers shall order a special election for the office of the petitioning candidate or the ballot question only in each precinct affected by a defect or mechanical malfunction as described in section 831 if all of the following are true:

An elector could not cast a valid vote in the precinct for the petitioning candidate or for or against the ballot question because of the defect or mechanical malfunction.

Based on the available canvass, the number of electors who could not cast valid votes for the office or for or against the ballot question in an election because of the defect or mechanical malfunction is greater than the number of votes separating the candidates getting the most and the second most number of votes or is greater than the number of votes separating total "yes" votes and the total "no" votes.

If the number of votes for an office or for or against a ballot question recorded on a voting machine exceeds the number of electors that voted on the machine, then for the purposes of subsection (1), the difference shall be regarded as the number of electors who, because of a defect or mechanical malfunction as described in section 831, could not cast valid votes for the office or for or against the ballot question.

History: Add. 1982, Act 505, Eff. Mar. 30, 1983; Am. 1990, Act 95, Imd. Eff. June 6, 1990
Mich. Comp. Laws § 462.311 — MI Code / Chapter 462 / Act Act-354-of-1993 / Section 462.311
Passive traffic control devices; street lighting.
Status: in_force

Sec. 311.

The road authority, at its own expense, shall furnish, renew, and maintain all passive traffic control devices on public streets or highways approaching grade crossings of streets and highways with railroad tracks, including the various advance warning signs, railroad pavement markings, railroad grade crossing signs, number of tracks signs, and other special signs located, designed, and maintained as prescribed by the Michigan manual of uniform traffic control devices. The number of tracks sign shall include a designation "railroad crossing _____ tracks" (insert number of tracks), indicating the actual number of tracks to be crossed. If there is only 1 track in the crossing, the sign stating the number of tracks shall be omitted. These passive traffic control devices shall conform to designs prescribed by the department and shall be subject to revision from time to time as the department considers necessary in the interest of public safety, conforming as closely as possible with generally recognized national standards.

The department, for the purposes of this act, may install and maintain or arrange for the installation and maintenance of highway street lighting at any grade crossing of a state trunkline highway.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Mich. Comp. Laws § 700.2702 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.2702
Requirement of survival by 120 hours.
Status: in_force

Sec. 2702.

For the purposes of this act, except as provided in subsection (4), an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is considered to have predeceased the event.

Except as provided in subsection (4), for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by 120 hours is considered to have predeceased the event.

Except as provided in subsection (4), if it is not established by clear and convincing evidence that 1 of 2 co-owners with right of survivorship survived the other co-owner by 120 hours, 1/2 of the co-owned property passes as if 1 had survived by 120 hours and 1/2 as if the other had survived by 120 hours. If there are more than 2 co-owners and it is not established by clear and convincing evidence that at least 1 of them survived the others by 120 hours, the property passes in the proportion that 1 bears to the whole number of co-owners. For the purposes of this subsection, "co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles 1 or more to the whole of the property or account on the death of the other or others.

Survival by 120 hours is not required under any of the following circumstances:

The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case. Language dealing explicitly with simultaneous deaths includes language in a governing instrument that creates a presumption that applies if the evidence is not sufficient to determine the order of deaths.

The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event by a specified period. Survival of the event or the specified period, however, must be established by clear and convincing evidence.

The imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to fail to qualify for validity under section 2(1)(a), (2)(a), or (3)(a) of the uniform statutory rule against perpetuities, 1988 PA 418, MCL 554.72, or to become invalid under section 2(1)(b), (2)(b), or (3)(b) of the uniform statutory rule against perpetuities, 1988 PA 418, MCL 554.72.

The application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition. Survival, however, must be established by clear and convincing evidence.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2000, Act 54, Eff. Apr. 1, 2000
Mich. Comp. Laws § 125.20 — MI Code / Chapter 125 / Act Act-281-of-1945 / Section 125.20
Access to records and information.
Status: in_force

Sec. 10.

The regional planning commission shall be given access to all studies, reports, surveys, records, and all other information and material in the possession of such governmental agencies as shall be required by the regional planning commission for the accomplishment of its objectives.

History: 1945, Act 281, Eff. Sept. 6, 1945; CL 1948, 125.20
Mich. Comp. Laws § 445.19 — MI Code / Chapter 445 / Act Act-141-of-1982 / Section 445.19
Rejection of permit application; classification and explanation.
Status: in_force

Sec. 9.

To the extent possible, the office, upon the request of an applicant who has had 1 or more permit applications rejected by a state agency, shall clarify to the applicant the reasons for the rejection of the permit application and shall explain the steps that the applicant needs to take in order for approval of his or her permit application to be granted.

History: 1982, Act 141, Imd. Eff. Apr. 27, 1982
Mich. Comp. Laws § 280.126 — MI Code / Chapter 280 / Act Act-40-of-1956 / Section 280.126
Construction of drain; receipt of bids and letting of contracts; abandonment of petition; order; notice.
Status: in_force

Sec. 126.

At the time and place fixed in said notice, or at an adjourned date, the drainage board shall receive bids and let contracts for the construction of the drain in the manner prescribed in chapter 9, being sections 221 to 223. If no contract shall be let within 5 years after the date of filing the petition to locate, establish and construct the drain, the drainage board may determine that the petition shall be deemed abandoned and no further action shall be taken to construct the drain. Provided, That time during which any litigation shall be pending to contest the validity of such proceedings shall not be counted as a part of such 5-year period. If the drainage board determines the petition shall be abandoned, it shall issue its order to that effect; provided, that such determination of abandonment shall not be issued within the 5 year period. Notice of the order shall be given by publishing a notice in a newspaper of general circulation in each county affected. The provisions of this section shall apply to all petitions which are in full force and effect on the date of January 1, 1973, or thereafter.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956; Am. 1973, Act 16, Imd. Eff. Apr. 30, 1973
Mich. Comp. Laws § 168.352 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.352
Candidate for township office; death; selection of candidate to fill vacancy; ballots.
Status: in_force

Sec. 352.

If a candidate of a political party for a township office, after having qualified as a candidate, dies after the last day for qualifying, leaving the political party without a candidate for a township office, a candidate to fill the vacancy may be selected by the members of the county executive committee of the candidate's political party residing in the township if 3 or more members of the county executive committee of that political party reside in the township. If less than 3 members of the county executive committee of that political party reside in the township, the county executive committee of that political party may select a candidate to fill the vacancy for that office. The name of the candidate selected shall be transmitted to the township officials required by law to print and distribute ballots. The name of the candidate shall be printed on the ballots, but if the ballots have been printed, the township officials shall have the ballots reprinted with the candidate's name on the ballots and the reprinted ballots shall be distributed to the various voting precincts within the township.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1966, Act 322, Imd. Eff. July 19, 1966; Am. 2012, Act 276, Eff. Aug. 16, 2012
Mich. Comp. Laws § 500.5220 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.5220
Blank forms for amending articles.
Status: in_force

Sec. 5220.

The commissioner shall prepare and keep on hand blank forms covering the procedure for amending articles of incorporation of domestic insurers, which forms may be had on application, and shall be used by all insurers hereafter amending their articles of incorporation.

History: 1956, Act 218, Eff. Jan. 1, 1957
Mich. Comp. Laws § 458.526 — MI Code / Chapter 458 / Act Act-265-of-1949 / Section 458.526
United Missionary churches; triplicate articles, delivery to corporation and securities commission; fees; filing.
Status: in_force

Sec. 6.

Triplicate originals of the articles shall be delivered to the Michigan corporation and securities commission. If the commission finds that the articles conform to the law, it shall, when all fees and charges have been paid as required by law, file 1 of the original articles in its office, forward 1 such original articles to the county clerk of the county in which such church is to be located for filing by such county clerk, and return 1 of such original articles to the incorporators. The commission and each of the county clerks receiving articles for filing shall each certify thereon and upon all amendments thereto the date when the same were filed in their respective offices. When such articles of association and certificate aforesaid shall be filed by the Michigan corporation and securities commission in its office the said persons so signing said articles of association, and their associates and fellow members of said church, and all who may thereafter become members of said church according to the discipline, rules and usages of the United Missionary church, shall thereupon become and thenceforth be a body politic or corporation, by the name expressed in said articles of association, with all the powers, rights and privileges appertaining to religious corporations by the laws of this state.

History: 1949, Act 265, Eff. Sept. 23, 1949
Mich. Comp. Laws § 400.11f — MI Code / Chapter 400 / Act Act-280-of-1939 / Section 400.11f
Certain actions and investigations prohibited; report; interdepartmental agreements; coordinating investigations; agreement establishing criteria.
Status: in_force

Sec. 11f.

The state department shall not take any action pursuant to sections 11 to 11e in the case of a person who is residing in a state funded and operated facility or institution, including but not limited to a correctional institution, mental hospital, psychiatric hospital, psychiatric unit, or a developmental disability regional center.

The state department shall not investigate suspected abuse, neglect, or any other suspected incident pursuant to sections 11 to 11e if the department of public health has investigative and enforcement responsibility for the incident pursuant to section 20201, 21771, or 21799a of the public health code, Act No. 368 of the Public Acts of 1978, as amended, being sections 333.20201, 333.21771, and 333.21799a of the Michigan Compiled Laws. The state department shall refer a report of suspected abuse or neglect in an institution governed by those sections to the department of public health.

Sections 11 to 11e do not preclude the director from entering into interdepartmental agreements to carry out the duties and responsibilities of the state department under sections 11 to 11e in state funded and operated facilities or institutions, or to coordinate investigation in state licensed facilities under contract with a state agency in order to avoid duplication of effort among state agencies having statutory responsibility to investigate.

The state department and the department of attorney general shall enter into an agreement establishing criteria to be used to determine those complaints involving a facility that receives funding under title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396d, 1396f to 1396g, and 1396i to 1396s, or involving the delivery of a service funded under title XIX of the social security act, which complaints shall be referred immediately to the department of attorney general for possible investigation and prosecution.

History: Add. 1982, Act 519, Eff. Mar. 30, 1983; Am. 1990, Act 122, Imd. Eff. June 26, 1990
Mich. Comp. Laws § 333.17211 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17211
Practice of nursing or as licensed practical nurse; license or authorization required; use of words, titles, or letters.
Status: in_force

Sec. 17211.

(1) An individual shall not engage in the practice of nursing or the practice of nursing as a licensed practical nurse unless he or she is licensed or is otherwise authorized by this article.

(2) The following words, titles, or letters or a combination of the words, titles, or letters, with or without qualifying words or phrases, are restricted in use only to those persons authorized under this part to use the terms and in a way prescribed in this part:

(a) "Registered professional nurse", "registered nurse", "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife", "certified nurse midwife", "c.n.m.", "advanced practice registered nurse", "a.p.r.n.", "nurse anesthetist", "nurse practitioner", "n.p.", "certified nurse practitioner", and "c.n.p.".

(b) Beginning 12 months after the effective date of the rules promulgated under section 17210(2), "clinical nurse specialist", "c.n.s.", "clinical nurse specialist-certified", and "c.n.s.-c.".

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 2006, Act 409, Imd. Eff. Sept. 29, 2006; Am. 2016, Act 499, Eff. Apr. 9, 2017; Am. 2017, Act 22, Imd. Eff. Mar. 31, 2017
Mich. Comp. Laws § 722.823 — MI Code / Chapter 722 / Act Act-13-of-1988 / Section 722.823
Powers of law enforcement official or court intake worker where petition not filed or authorized; diversion of minor; exception specified juvenile violation; use of risk screening or mental health screening tools; guidelines.
Status: in_force

Sec. 3.

(1) If in the course of investigating an alleged offense by a minor a petition has not been filed with the court, or if a petition has not been authorized, a law enforcement official or court intake worker may do 1 of the following:

(a) Release the minor into the custody of the minor's parent, guardian, or custodian and discontinue the investigation.

(b) Subject to subsections (4) and (5), divert the matter by making an agreement under section 5 with the minor and the minor's parent, guardian, or custodian to refer the minor to a person or public or private organization or agency that will assist the minor and the minor's family in resolving the problem that initiated the investigation. Restitution must not be considered when deciding if the minor may be diverted under this subdivision.

(c) File a petition with the court or authorize a petition that has been filed.

(2) A minor may be diverted only as provided in subsection (1)(a) or (b) and subsection (3).

(3) A minor accused or charged with a specified juvenile violation must not be diverted.

(4) Except as otherwise provided in this subsection, before a diversion decision is made for a minor, a risk screening tool and a mental health screening tool may be conducted on the minor. A risk screening tool and a mental health screening tool may not be conducted on a minor who meets any of the following criteria:

(a) Is accused or charged with a specified juvenile violation.

(b) Is currently under supervision in the juvenile justice system by the court or the department of health and human services.

(5) A minor must not be diverted under subsection (1)(b) unless both of the following requirements are met:

(a) The law enforcement official or court intake worker receives the results of a risk screening tool and a mental health screening tool for the minor conducted by a designated individual or agency that is trained in those screening tools.

(b) The law enforcement official or court intake worker uses the results of the risk screening tool and the mental health screening tool, and the best interests of public safety and the minor, to inform the decision to divert the minor.

(6) A risk screening tool and a mental health screening tool described in subsections (4) and (5) must meet both of the following requirements:

(a) Be research based and nationally validated for use with minors.

(b) Comply with the guidelines created under subsection (7).

(7) The state court administrative office, under the supervision and direction of the supreme court, shall create guidelines on the use of risk screening tools and mental health screening tools described in subsections (4) and (5).

History: 1988, Act 13, Eff. Apr. 1, 1988; Am. 2023, Act 287, Eff. Oct. 1, 2024
Mich. Comp. Laws § 339.5525 — MI Code / Chapter 339 / Act Act-407-of-2016 / Section 339.5525
Assessment of penalties; determination; basis; transcript; time limits; issuance of final order; board member prohibited from participation in final determination.
Status: in_force

Sec. 525.

(1) Within 60 days after a board receives an administrative law hearings examiner's hearing report under section 523, the board shall meet and make a determination of the penalties to be assessed under article 6. The board shall make its determination based on the administrative law hearings examiner's report. A transcript of a hearing or a portion of the transcript shall be made available to a board on request. If a transcript or a portion of the transcript is requested, the board shall make its determination of the penalty or penalties to be assessed under article 6 at a meeting of the board held within 60 days after it receives the transcript or portion of the transcript.

(2) If a board does not determine the appropriate penalty or penalties to be assessed within the time limits described in subsection (1), the director may determine the appropriate penalty and issue a final order assessing that penalty.

(3) A member of a board who has participated in an investigation on a complaint filed with the department or who has attended an informal conference under section 515(3) shall not participate in making a final determination in a proceeding on that complaint.

History: 2016, Act 407, Eff. Apr. 4, 2017