FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.21323i — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.21323i
Consent order; final settlement.
Status: in_force

Sec. 21323i.

(1) The department and the attorney general may enter into a consent order with a person that is liable under section 21323a or any group of persons that are liable under section 21323a to perform corrective action if the department and the attorney general determine that the persons that are liable under section 21323a will properly implement the corrective action and that the consent order is in the public interest, will expedite effective corrective action, and will minimize litigation. The consent order may, as determined appropriate by the department and the attorney general, provide for implementation by a person or any group of persons that are liable under section 21323a of any portion of corrective action at the property. A decision of the attorney general not to enter into a consent order under this part is not subject to judicial review.

(2) Whenever practical and in the public interest, as determined by the department, the department and the attorney general shall as promptly as possible reach a final settlement with a person in an administrative or civil action under this part if this settlement involves only a minor portion of the response costs at the property concerned and, in the judgment of the department and the attorney general, the conditions in either of the following are met:

(a) Both of the following are minimal in comparison to other regulated substances at the property:

( i ) The amount of the regulated substances contributed by that person to the property.

( ii ) The toxic or other regulated effects of the substances contributed by that person to the property.

(b) Except as provided in subsection (3), the person meets all of the following conditions:

( i ) The person is the owner of the property on or in which the underground storage tank system is or was located.

( ii ) The person did not conduct or permit the generation, transportation, storage, treatment, or disposal of any regulated substance at the property.

( iii ) The person did not contribute to the release or threat of release of a regulated substance at the property through any action or omission.

(3) A settlement shall not be made under subsection (2)(b) if the person purchased the property with actual or constructive knowledge that the property was used for the generation, transportation, storage, treatment, or disposal of a regulated substance.

(4) A settlement under subsection (2) may be set aside if information obtained after the settlement indicates that the person settling does not meet the conditions set forth in subsection (2)(a) or (b).

History: Add. 2012, Act 108, Imd. Eff. May 1, 2012
Mich. Comp. Laws § 333.17076 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17076
Physician's assistant; making calls or going on rounds in accordance with practice agreement; prescribing drugs; ordering, receiving, and dispensing complimentary starter dose drugs.
Status: in_force

Sec. 17076.

(1) A physician's assistant may make calls or go on rounds in private homes, public institutions, emergency vehicles, ambulatory care clinics, hospitals, intermediate or extended care facilities, health maintenance organizations, nursing homes, or other health care facilities in accordance with a practice agreement. Notwithstanding any law or rule to the contrary, a physician's assistant may make calls or go on rounds as provided in this subsection without restrictions on the time or frequency of visits by a physician or the physician's assistant.

(2) A physician's assistant who is a party to a practice agreement may prescribe a drug in accordance with procedures and protocols for the prescription established by rule of the department in consultation with the appropriate board. A physician's assistant may prescribe a drug, including a controlled substance that is included in schedules 2 to 5 of part 72. If a physician's assistant prescribes a drug under this subsection, the physician's assistant's name shall be used, recorded, or otherwise indicated in connection with that prescription. If a physician's assistant prescribes a drug under this subsection that is included in schedules 2 to 5, the physician's assistant's DEA registration number shall be used, recorded, or otherwise indicated in connection with that prescription.

(3) A physician's assistant may order, receive, and dispense complimentary starter dose drugs, including controlled substances that are included in schedules 2 to 5 of part 72. If a physician's assistant orders, receives, or dispenses a complimentary starter dose drug under this subsection, the physician's assistant's name shall be used, recorded, or otherwise indicated in connection with that order, receipt, or dispensing. If a physician's assistant orders, receives, or dispenses a complimentary starter dose drug under this subsection that is included in schedules 2 to 5, the physician's assistant's DEA registration number shall be used, recorded, or otherwise indicated in connection with that order, receipt, or dispensing. As used in this subsection, "complimentary starter dose" means that term as defined in section 17745. It is the intent of the legislature in enacting this subsection to allow a pharmaceutical manufacturer or wholesale distributor, as those terms are defined in part 177, to distribute complimentary starter dose drugs to a physician's assistant, as described in this subsection, in compliance with section 503(d) of the federal food, drug, and cosmetic act, 21 USC 353.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1990, Act 247, Imd. Eff. Oct. 12, 1990; Am. 1996, Act 355, Imd. Eff. July 1, 1996; Am. 2011, Act 210, Imd. Eff. Nov. 8, 2011; Am. 2016, Act 379, Eff. Mar. 22, 2017
Mich. Comp. Laws § 18.1348 — MI Code / Chapter 18 / Act Act-431-of-1984 / Section 18.1348
Executive budget submitted to legislature; recommendations for expenditures; additional and new sources of revenue; considerations in balancing budget of each state operating fund.
Status: in_force

Sec. 348.

The executive budget submitted to the legislature shall represent financing for all state agency programs provided by the resources of state operating funds. Recommendations for expenditures from each state operating fund shall not exceed the estimated beginning balance of such fund plus the fund's estimated revenue. Additional and new sources of revenue may be proposed in the executive budget to meet the proposed expenditures. In balancing the budget of each state operating fund, the state budget director shall consider proposed open-end appropriations and tax and spending limitations as provided by law.

History: 1984, Act 431, Eff. Mar. 29, 1985
Mich. Comp. Laws § 791.239a — MI Code / Chapter 791 / Act Act-232-of-1953 / Section 791.239a
Arrest for alleged parole violation; right to preliminary hearing; notice of hearing; rights at hearing; postponement; notice of charges, summary of evidence, and determination of guilt when preliminary hearing not held.
Status: in_force

Sec. 39a.

Within 10 days after an arrest for an alleged violation of parole, the parolee shall be entitled to a preliminary hearing to determine whether there is probable cause to believe that the conditions of parole have been violated or a fact-finding hearing held pursuant to section 40a.

Prior to the preliminary hearing, the accused parolee shall be given written notice of the charges, time, place, and purpose of the preliminary hearing.

At the preliminary hearing, the accused parolee is entitled to the following rights:

Disclosure of the evidence against him or her.

The right to testify and present relevant witnesses and documentary evidence.

The right to confront and cross-examine adverse witnesses unless the person conducting the preliminary hearing finds on the record that a witness may be subjected to risk of harm if his or her identity is revealed.

A preliminary hearing may be postponed beyond the 10-day time limit on the written request of the parolee, but shall not be postponed by the department.

If a preliminary hearing is not held pursuant to subsection (1), an accused parolee shall be given written notice of the charges against him or her, the time, place and purpose of the fact-finding hearing and a written summary of the evidence to be presented against him or her.

If a preliminary hearing is not held pursuant to subsection (1), an accused parolee may not be found guilty of a violation based on evidence that was not summarized in the notice provided pursuant to subsection (5) except for good cause stated on the record and included in the written findings of fact provided to the parolee.

History: Add. 1982, Act 314, Imd. Eff. Oct. 15, 1982
Mich. Comp. Laws § 257.613d — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.613d
Failure to stop for school crossing guard holding stop sign in upright position; misdemeanor; presumption.
Status: in_force

Sec. 613d.

A driver of a motor vehicle who fails to stop when a school crossing guard is in a school crossing and is holding a stop sign in an upright position visible to approaching vehicular traffic is guilty of a misdemeanor.

In a proceeding for a violation of this section, proof that the particular vehicle described in the citation, complaint, or warrant was used in the violation, together with proof that the defendant named in the citation complaint or warrant was the registered owner of the vehicle at the time of the violation, constitutes in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.

History: Add. 1978, Act 227, Imd. Eff. June 14, 1978
Mich. Comp. Laws § 38.1020 — MI Code / Chapter 38 / Act Act-261-of-1957 / Section 38.1020
Members' retirement fund; creation; purpose; computing retirement reserves for retirement allowances; financing; state's appropriations for current service, accrued service, and retirement allowances; allocation of employer contributions.
Status: in_force

Sec. 20.

The members' retirement fund is created. The fund shall accumulate reserves for the payment of retirement allowances to retired members and deferred vested members as provided in this act. Upon the basis of mortality and other experience tables, and the prescribed rate of interest, as the board shall adopt, the actuary shall compute annually the amount of retirement reserves for retirement allowances being paid to retirants and covering service rendered and to be rendered by members. It is the intention of this act that the retirement reserves shall be financed by other revenues to the fund and that annual appropriations shall be determined pursuant to subsections (2), (3), and (4).

The state's appropriation for current service shall be an amount that, if paid annually during the future service of members, will be sufficient to provide the reserves at the time of the members' retirement, after allowing for the net contributions to the members' savings fund to be made by the members, for the future service portions of the retirement allowances to which the members might become entitled.

The state's appropriation for members' accrued service shall be an amount that if paid annually over a period of years determined by the board, but not to exceed 50 years, will amortize at the prescribed rate of interest the unfunded reserves for the accrued service portions of the retirement allowances to which the members may become entitled.

The state's appropriation for retirement allowances being paid from the members' retirement fund shall be an amount that if paid annually over a period of years determined by the board, but not to exceed 50 years, will amortize at the prescribed rate of interest the unfunded reserves for the retirement allowances.

Notwithstanding any other provision of this act, if the retirement board establishes an arrangement and fund as described in section 6 of the public employee retirement benefit preservation act, the benefits that are required to be paid from that fund shall be paid from a portion of the employer contributions described in this section or other eligible funds. The retirement board shall determine the amount of the employer contributions or other eligible funds that shall be allocated to that fund and deposit that amount in that fund before it deposits any remaining employer contributions or other eligible funds in the pension fund.

History: 1957, Act 261, Eff. Sept. 27, 1957; Am. 1970, Act 237, Eff. Jan. 1, 1971; Am. 1981, Act 123, Imd. Eff. July 23, 1981; Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
Mich. Comp. Laws § 600.2916 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.2916
Lethal gases for fumigation; liability; damages; means of ingress; locking; posting; permission to enter; notice; violation as felony; penalty.
Status: in_force

Sec. 2916.

Any person who uses any substance which, by itself or in combination with any other substance, emits or liberates a gas, fume or vapor, which gas, fume, vapor or substances when liberated and used for the destruction or control of insects, termites, vermin, rodents, or other structural pests, is lethal, poisonous, noxious or dangerous to human life, in violation of the provisions of this section, is liable to any person or persons injured or killed for damages to be recovered in an action by such person or the estate of such person. The amount of damages shall be determined by a jury as in other cases, or by the court in case a jury is waived by the parties.

Any person who uses any of the substances outlined in (1) of this section shall lock all means of ingress to the building or structure in which such substance has been used for a period of not less than 12 hours, and shall post such means of ingress with a visible warning notice stating that poisonous substances have been used and no entrance in the building shall be made without the written permission of the county sheriff or of the police or fire authorities of the city, village or township in which the building is situated for at least 48 hours from the time of using such poisonous substances.

Any person using any substance outlined in (1) of this section shall notify the county sheriff or the police and fire authorities of the city, village or township in which the building or structure is situated that such substance has been used in the building, that the proper warning notices have been placed at all means of ingress in the building or structure, and that entrance into the building or structure is dangerous to human life for at least 48 hours, and such person is responsible for inspection of such building or structure at the end of the 48-hour period to determine the suitability for human habitation.

Any person who violates the provisions of this section, in addition to civil liability for damages, is guilty of a felony and, upon conviction thereof, shall be punished as provided in the laws of this state.

History: 1961, Act 236, Eff. Jan. 1, 1963
Mich. Comp. Laws § 550.1401e — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1401e
Group certificate issued by health care corporation; renewal or continuation; guaranteed renewal; discontinuing plan, product, or coverage in nongroup or group market; conditions.
Status: in_force

Sec. 401e.

(1) Except as otherwise provided in this section, a health care corporation that has issued a nongroup certificate shall renew or continue in force the certificate at the option of the individual.

(2) Except as otherwise provided in this section, a health care corporation that has issued a group certificate shall renew or continue in force the certificate at the option of the sponsor of the plan.

(3) Guaranteed renewal is not required in cases of fraud, intentional misrepresentation of material fact, lack of payment, if the health care corporation no longer offers that particular type of coverage in the market, or if the individual or group moves outside the service area.

(4) A health care corporation shall not discontinue offering a particular plan or product in the nongroup or group market unless the health care corporation does all of the following:

(a) Provides notice to the commissioner and to each covered individual or group, as applicable, provided coverage under the plan or product of the discontinuation at least 90 days before the date of the discontinuation.

(b) Offers to each covered individual or group, as applicable, provided coverage under the plan or product the option to purchase any other plan or product currently being offered in the nongroup market or group market, as applicable, by that health care corporation without excluding or limiting coverage for a preexisting condition or providing a waiting period.

(c) Acts uniformly without regard to any health status factor of enrolled individuals or individuals who may become eligible for coverage in making the determination to discontinue coverage and in offering other plans or products.

(5) A health care corporation shall not discontinue offering all coverage in the nongroup or group market unless the health care corporation does all of the following:

(a) Provides notice to the commissioner and to each covered individual or group, as applicable, of the discontinuation at least 180 days before the date of the expiration of coverage.

(b) Discontinues all health benefit plans issued in the nongroup or group market from which the health care corporation withdrew and, except as allowed under subsection (6), does not renew coverage under those plans.

(6) If a health care corporation discontinues coverage under subsection (5), the health care corporation shall not provide for the issuance of any health benefit plans in the nongroup or group market from which the health care corporation withdrew during the 5-year period beginning on the date of the discontinuation of the last plan not renewed under that subsection.

History: Add. 1996, Act 516, Eff. Oct. 1, 1997; Am. 2013, Act 4, Imd. Eff. Mar. 18, 2013
Mich. Comp. Laws § 567.251b — MI Code / Chapter 567 / Act Act-29-of-1995 / Section 567.251b
Streamlined audit process; election; audit.
Status: in_force

Sec. 31b.

(1) Eligible holders being examined by the administrator under section 31(2) may elect to follow the streamlined audit process described in this section. Eligible holders may elect the streamlined audit process by executing a nondisclosure agreement acceptable to the administrator within 30 days from the receipt of the audit notice.

(2) An audit conducted under the streamlined audit process described in this section shall meet both of the following:

(a) Be completed within a time frame jointly developed by the holder and the administrator, with the goal of completing the audit within 18 months from the receipt of the audit notice.

(b) Be conducted according to standards set forth in rules and regulations promulgated in accordance with section 31(4).

History: Add. 2015, Act 242, Imd. Eff. Dec. 22, 2015
Mich. Comp. Laws § 324.63547 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.63547
Part inapplicable to certain activities.
Status: in_force

Sec. 63547.

This part does not apply to any of the following:

The extraction of coal as an incidental part of federal, state, or local government financed highway or other construction under rules established by the department.

The extraction of coal incidental to the extraction of other minerals if the amount of coal does not exceed 50 tons or 16-2/3% of the total tonnage of other minerals removed annually for purposes of commercial use or sale, whichever is less.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 123.1045 — MI Code / Chapter 123 / Act Act-98-of-2017 / Section 123.1045
Sale, lease, or transfer of property by local governmental body for use by educational institution or private school; imposition, enforcement, or application of deed restriction or affirmative use deed restriction.
Status: in_force

Sec. 5.

(1) Except as otherwise provided in this subsection, a local governmental body shall not adopt, enforce, impose, or administer an ordinance, local policy, or local resolution that prohibits property sold, leased, or transferred by the local governmental body from being used for any lawful educational purpose by an educational institution or private school. This subsection does not apply to either of the following:

(a) A zoning ordinance adopted by the local governmental body under the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702.

(b) The administrative review of a site plan as provided in section 1263(4) of the revised school code, 1976 PA 451, MCL 380.1263.

(2) A local governmental body shall not impose, enforce, or apply any deed restriction that expressly, or by its operation, prohibits property sold, leased, or transferred by the local governmental body from being used for any lawful educational purpose by an educational institution or private school. Any deed restriction or affirmative use deed restriction that affirmatively allows for only 1 or more specified uses or purposes that do not include an educational use or purpose is prohibited under this subsection. Any deed restriction or affirmative use deed restriction in effect on the effective date of the amendatory act that amended this section that prohibits or does not permit property previously used for an educational purpose from being used for any future educational purpose is void.

(3) If a local governmental body offers property of the local governmental body for sale, lease, or rent, the local governmental body shall not refuse to sell, lease, or rent the property to an educational institution or private school solely because the educational institution or private school intends to use the property for an educational purpose, if the intent of the educational institution or private school is to use the property for a lawful educational purpose. If a local governmental body offers property of the local governmental body for sale, lease, or rent, the local governmental body is not required to sell, lease, or rent the property to an educational institution or private school solely because the educational institution or private school intends to use the property for an educational purpose. This subsection does not require a local governmental body to do either of the following:

(a) Provide special notice of property offers to an educational institution or a private school.

(b) Provide a right of first refusal to an educational institution or a private school.

History: 2017, Act 98, Imd. Eff. July 13, 2017; Am. 2018, Act 7, Imd. Eff. Jan. 26, 2018
Mich. Comp. Laws § Article IV § 31 — MI Code / Chapter 1 / Act CONSTITUTION-OF-MICHIGAN-OF-1963 / Section Article IV § 31
General appropriation bills; priority, statement of estimated revenue.
Status: in_force

Sec. 31.

The general appropriation bills for the succeeding fiscal period covering items set forth in the budget shall be passed or rejected in either house of the legislature before that house passes any appropriation bill for items not in the budget except bills supplementing appropriations for the current fiscal year's operation. Any bill requiring an appropriation to carry out its purpose shall be considered an appropriation bill. One of the general appropriation bills as passed by the legislature shall contain an itemized statement of estimated revenue by major source in each operating fund for the ensuing fiscal period, the total of which shall not be less than the total of all appropriations made from each fund in the general appropriation bills as passed.

History: Const. 1963, Art. IV, § 31, Eff. Jan. 1, 1964
Mich. Comp. Laws § 775.1 — MI Code / Chapter 760 / Act Act-175-of-1927 / Section 775.1
Fees; allowances.
Status: in_force

Sec. 1.

For the following services hereafter performed, in the cases authorized by law, the officers hereinafter named shall be allowed, respectively, the fees in this chapter directed.

History: 1927, Act 175, Eff. Sept. 5, 1927; CL 1929, 17471; CL 1948, 775.1