FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 722.23 — MI Code / Chapter 722 / Act Act-91-of-1970 / Section 722.23
"Best interests of the child" defined.
Status: in_force

Sec. 3.

As used in this act, "best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

( l ) Any other factor considered by the court to be relevant to a particular child custody dispute.

History: 1970, Act 91, Eff. Apr. 1, 1971; Am. 1980, Act 434, Imd. Eff. Jan. 14, 1981; Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993; Am. 2016, Act 95, Eff. Aug. 1, 2016
Mich. Comp. Laws § 3.717 — MI Code / Chapter 3 / Act Act-114-of-1984 / Section 3.717
Placement of delinquent child by court; retention of jurisdiction.
Status: in_force

Sec. 7.

A court having jurisdiction to place delinquent children may place the child in an institution of or in another state pursuant to Article VI of the interstate compact on the placement of children and shall retain jurisdiction as provided in Article V of the compact.

History: 1984, Act 114, Imd. Eff. May 29, 1984
Mich. Comp. Laws § 333.13734 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.13734
Implied consent; due process rights; surety bond, secured trust fund, or other secured instrument or mechanism; reimbursement of costs resulting from violation; conduct constituting violation.
Status: in_force

Sec. 13734.

A generator, carrier, processor, and a collector who holds a permit issued under this part or who holds a permit in a state that has been granted equivalent privileges in this state under section 13724 shall by utilizing the disposal site in this state be considered to have given implied consent to the duties and responsibilities imposed on that person under this part, rules promulgated under this part, and the low-level radioactive waste management act.

Nothing in subsection (1) shall be construed to impact upon the due process rights, including any appellate rights, of a generator, carrier, processor, or a collector who gives implied consent as provided in subsection (1).

A generator, carrier, processor, and collector who holds a permit issued under this part shall post a surety bond or present evidence of a secured trust fund or other suitable secured instrument or mechanism in an amount determined by the department. The bond, trust fund, or other instrument or mechanism shall be payable to the department and conditioned upon performance in accordance with the terms and conditions of the permit of the generator, carrier, collector, or processor. The bond, trust fund, or other instrument or mechanism shall provide that if the generator, carrier, processor, or collector violates the provisions of this part, any rules promulgated under this part, or any terms or conditions of a permit issued under this part, the department shall be reimbursed for the costs that are incurred as a result of the violation. The failure to maintain a surety bond, secured trust fund, or other suitable instrument or mechanism constitutes a violation of this part.

History: Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Mich. Comp. Laws § 206.91 — MI Code / Chapter 206 / Act Act-281-of-1967 / Section 206.91
Common trust funds and participants; taxable status.
Status: in_force

Sec. 91.

(1) A common trust fund meeting the requirements of section 584 of the internal revenue code, shall not be subject to tax under this part.

(2) Each participant in the common trust fund shall, under rules prescribed by the department, include its proportionate share of the taxable income whether or not distributed and whether or not distributable.

History: 1967, Act 281, Eff. Oct. 1, 1967; Am. 1969, Act 332, Imd. Eff. Nov. 4, 1969; Am. 2011, Act 38, Eff. Jan. 1, 2012
Mich. Comp. Laws § 600.8501 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8501
District court magistrates; number; appointment; approval; qualifications; thirty-sixth district.
Status: in_force

Sec. 8501.

(1) In a county that elects by itself fewer than 2 district judges, the county board of commissioners shall provide for 1 district court magistrate. In all other counties in districts of the first and second class, the county board of commissioners shall provide for not less than 1 magistrate if recommended by the judges of the district. Additional magistrates may be provided by the board upon recommendation of the judges. All magistrates provided for shall be appointed by the judges of the district and the appointments shall be subject to approval by the county board of commissioners before a person assumes the duties of the office of magistrate.

(2) In each district of the third class, the judge or judges of the district may appoint 1 or more district court magistrates. A person shall not be appointed magistrate unless the person is a registered elector in the district for which the person was appointed or in an adjoining district if the appointment is made under a plan of concurrent jurisdiction adopted under chapter 4. Before a person assumes the duties of the office of magistrate in a district of the third class, the appointment of that person as a district court magistrate is subject to approval by the governing body or bodies of the district control unit or units that, individually or in the aggregate, contain more than 50% of the population of the district. This subsection does not apply to the thirty-sixth district.

(3) The thirty-sixth district shall have not more than 6 district court magistrates. The chief judge of the thirty-sixth district may appoint 1 or more magistrates as permitted by this subsection. If a vacancy occurs in the office of district court magistrate, the chief judge may appoint a successor. Each magistrate appointed under this subsection shall serve at the pleasure of the chief judge of the thirty-sixth district.

(4) A person shall not be appointed district court magistrate under subsection (3) unless the person is a registered elector in the district or in an adjoining district if the appointment is made under a plan of concurrent jurisdiction adopted under chapter 4.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968; Am. 1976, Act 16, Eff. Apr. 1, 1976; Am. 1978, Act 164, Imd. Eff. May 25, 1978; Am. 1980, Act 438, Eff. Sept. 1, 1981; Am. 1981, Act 146, Eff. Dec. 1, 1981; Am. 1984, Act 278, Eff. Jan. 1, 1985; Am. 1988, Act 135, Imd. Eff. May 27, 1988; Am. 2016, Act 165, Eff. Sept. 7, 2016
Mich. Comp. Laws § 333.2663 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.2663
Violations; misdemeanor.
Status: in_force

Sec. 2663.

A person who unlawfully disposes, uses, or sells an unclaimed body or who violates sections 2652 to 2661 is guilty of a misdemeanor.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 2006, Act 301, Imd. Eff. July 20, 2006
Mich. Comp. Laws § 550.1403 — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1403
Payment of benefits; interest; claim form; exception.
Status: in_force

Sec. 403.

A health care corporation, on a timely basis, shall pay to a member benefits as are entitled and provided under the applicable certificate. When not paid on a timely basis, benefits payable to a member shall bear simple interest from a date 60 days after a satisfactory claim form was received by the health care corporation, at a rate of 12% interest per annum. The interest shall be paid in addition to, and at the time of payment of, the claim. Section 2006(7) to (14) of the insurance code of 1956, 1956 PA 218, MCL 500.2006, applies to a health care corporation.

A health care corporation shall specify in writing the materials that constitute a satisfactory claim form not later than 30 days after receipt of a claim, unless the claim is settled within 30 days. If a claim form is not supplied as to the entire claim, the amount supported by the claim form shall be considered to be paid on a timely basis if paid within 60 days after receipt of the claim form by the corporation. This subsection does not apply to a health care corporation when paying a claim under section 2006(7) to (14) of the insurance code of 1956, 1956 PA 218, MCL 500.2006.

History: 1980, Act 350, Eff. Apr. 3, 1981; Am. 2002, Act 317, Eff. Oct. 1, 2002
Mich. Comp. Laws § 168.743 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.743
Voting; ballots; return by elector; failure; arrest.
Status: in_force

Sec. 743.

An elector to whom an official ballot has been delivered is not permitted to leave the polling place without either voting the ballot or returning the ballot to the inspector from whom he or she received the ballot. An elector who attempts to leave the polling place with a ballot in his or her possession, and refuses to deliver the ballot upon request, must be at once arrested on demand of any member of the board of election inspectors.

History: 1954, Act 116, Eff. June 1, 1955; Am. 2018, Act 120, Eff. Dec. 31, 2018
Mich. Comp. Laws § 550.1401d — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1401d
Services performed by physician's assistant; reimbursement; conditions; applicability of section; supervision by physician; definitions.
Status: in_force

Sec. 401d.

Subject to subsections (2) and (3), if a health care corporation group or nongroup certificate provides for health care benefits for services performed by a physician's assistant, those benefits or reimbursement for those benefits at the prevailing rate shall not be denied if the services were performed by a physician's assistant acting within the scope of his or her license and provided that the following are met:

If the services were performed by a physician's assistant working for a physician or facility specializing in a particular area of medicine, a physician that specializes in that area of medicine was physically present on the premises when the physician's assistant performed the services.

If the services were performed by a physician's assistant working for a physician or facility engaging in general family practice, a physician need not have been physically present on the premises when the physician's assistant performed the services so long as a consulting physician is within 150 miles or 3 hours' commute to where the services are performed.

This section applies to a physician's assistant who performs services in any of the following:

A county with a population of 25,000 or less.

A certified rural health clinic.

A health professional shortage area.

For purposes of subsection (1), a physician supervising a physician's assistant shall do so from within Michigan or from a state bordering Michigan.

As used in this section:

"Health professional shortage area" means that term as defined in section 332(a)(1) of subpart II of part C of title III of the public health service act, chapter 373, 90 Stat. 2270, 42 U.S.C. 254e.

"Medicaid" means the program of medical assistance established under title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396g and 1396i to 1396u.

"Medicare" means the federal medicare program established under title XVIII of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1395 to 1395b, 1395b-2, 1395c to 1395i, 1395i-2 to 1395i-4, 1395j to 1395t, 1395u to 1395w-2, 1395w-4 to 1395zz, and 1395bbb to 1395ccc.

"Physician's assistant" means an individual licensed as a physician's assistant under article 15 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws.

"Rural health clinic" means a rural health clinic as defined under section 1861 of part C of title XVIII of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1395x, and certified to participate in medicaid and medicare.

History: Add. 1991, Act 102, Imd. Eff. Sept. 6, 1991; Am. 1993, Act 258, Imd. Eff. Nov. 29, 1993
Mich. Comp. Laws § 493.15 — MI Code / Chapter 493 / Act Act-21-of-1939 / Section 493.15
Contract in compliance with retail installment sales act or home improvement finance act.
Status: in_force

Sec. 15.

A licensee may purchase a contract made in compliance with the retail installment sales act, 1966 PA 224, MCL 445.851 to 445.873, or the home improvement finance act, 1965 PA 332, MCL 445.1101 to 445.1431.

History: 1939, Act 21, Eff. Sept. 29, 1939; Am. 1947, Act 130, Eff. Oct. 11, 1947; CL 1948, 493.15; Am. 1963, Act 103, Eff. Sept. 6, 1963; Am. 1971, Act 168, Eff. Mar. 30, 1972; Am. 1978, Act 528, Eff. Mar. 30, 1979; Am. 2001, Act 270, Imd. Eff. Jan. 11, 2002
Mich. Comp. Laws § 213.355 — MI Code / Chapter 213 / Act Act-40-of-1965 / Section 213.355
Moving allowances; additional to compensation; not considered in condemnation proceedings.
Status: in_force

Sec. 5.

Moving allowances are independent of and in addition to compensation for land, buildings or property rights. The cost of moving personal property is not subject to consideration in condemnation proceedings for the acquisition of land, buildings or property rights.

History: 1965, Act 40, Imd. Eff. May 19, 1965
Mich. Comp. Laws § 168.635 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.635
Special elections; proposition.
Status: in_force

Sec. 635.

A special election for the submission of a proposition must be held on a regular election date.

History: 1954, Act 116, Eff. June 1, 1955; Am. 2003, Act 302, Eff. Jan. 1, 2005; Am. 2018, Act 120, Eff. Dec. 31, 2018
Mich. Comp. Laws § 141.1557 — MI Code / Chapter 141 / Act Act-436-of-2012 / Section 141.1557
Report.
Status: in_force

Sec. 17.

Beginning 6 months after an emergency manager's appointment, and every 3 months thereafter, an emergency manager shall submit to the governor, the state treasurer, the senate majority leader, the speaker of the house of representatives, each state senator and state representative who represents the local government that is in receivership, and the clerk of the local government that is in receivership, and shall post on the internet on the website of the local government, a report that contains all of the following:

(a) A description of each expenditure made, approved, or disapproved during the reporting period that has a cumulative value of $5,000.00 or more and the source of the funds.

(b) A list of each contract that the emergency manager awarded or approved with a cumulative value of $5,000.00 or more, including the purpose of the contract and the identity of the contractor.

(c) A description of each loan sought, approved, or disapproved during the reporting period that has a cumulative value of $5,000.00 or more and the proposed use of the funds.

(d) A description of any new position created or any vacancy in a position filled by the appointing authority.

(e) A description of any position that has been eliminated or from which an employee has been laid off.

(f) A copy of the contract with the emergency manager as provided in section 9(3)(e).

(g) The salary and benefits of the emergency manager.

(h) The financial and operating plan.

History: 2012, Act 436, Eff. Mar. 28, 2013
Mich. Comp. Laws § 500.3406n — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3406n
Access to pediatric care services.
Status: in_force

Sec. 3406n.

(1) An insurer that delivers, issues for delivery, or renews in this state a health insurance policy that requires an insured to designate a participating primary care provider and provides for dependent care coverage shall permit a dependent minor insured to select and access a pediatrician for general pediatric care services.

(2) An insurer shall not require prior authorization or referral for access under subsection (1) to a pediatrician who participates with the insurer. An insurer may require prior authorization or referral for access to a nonparticipating pediatrician.

History: Add. 1999, Act 179, Imd. Eff. Nov. 16, 1999; Am. 2016, Act 276, Imd. Eff. July 1, 2016
Mich. Comp. Laws § 450.2751 — MI Code / Chapter 450 / Act Act-162-of-1982 / Section 450.2751
Actions by corporation; terms and conditions; consideration; "consideration" defined.
Status: in_force

Sec. 751.

(1) A corporation may take any of the following actions on the terms and conditions and for a consideration authorized by its board of directors:

(a) Sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property and assets in the usual and regular course of its business.

(b) Sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property and assets following approval of a dissolution under section 804.

(c) Transfer any or all of its property and assets to another corporation of which it owns all of the shares, or to another entity that it controls or wholly owns, whether or not in the usual and regular course of business.

(d) Mortgage or pledge any or all of its property and assets, whether or not in the usual and regular course of business.

(2) Unless otherwise provided in the articles of incorporation, approval by the shareholders or members of a transaction described in subsection (1) is not required.

(3) As used in subsection (1), "consideration" may consist in whole or in part of cash or other property, including shares, bonds, or other securities of any other domestic corporation, domestic business corporation, foreign corporation, or foreign business corporation.

History: Add. 2014, Act 557, Imd. Eff. Jan. 15, 2015
Mich. Comp. Laws § 330.1537 — MI Code / Chapter 330 / Act Act-258-of-1974 / Section 330.1537
Return of individual to facility; conditions; protective custody; notice; appeal.
Status: in_force

Sec. 537.

(1) An individual is subject to being returned to a facility if both of the following are true:

(a) The individual was admitted to a facility on an application executed by someone other than themself or by judicial order.

(b) The individual has left the facility without authorization, or has refused a lawful request to return to the facility while on an authorized leave or other authorized absence from the facility.

(2) The facility may notify a peace officer that an individual is subject to being returned to the facility. Upon notification, a peace officer must take the individual into protective custody. After the individual is taken into protective custody, a peace officer or a security transport officer must return him or her to the facility unless contrary directions have been given by the facility or the responsible community mental health services program.

(3) An opportunity for appeal must be provided to any individual returned over their objection from any authorized leave in excess of 10 days, and the individual must be notified of the right to appeal. In the case of a child less than 13 years of age, the appeal must be made by the child's parent or guardian.

History: 1974, Act 258, Eff. Nov. 6, 1974; Am. 1995, Act 290, Eff. Mar. 28, 1996; Am. 2018, Act 596, Eff. Mar. 28, 2019; Am. 2022, Act 146, Eff. (sine die); Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022
Mich. Comp. Laws § 247.662a — MI Code / Chapter 247 / Act Act-51-of-1951 / Section 247.662a
Snow removal; distribution of amount returned to county road commission.
Status: in_force

Sec. 12a.

The amount withheld from the counties' November monthly distribution as specified in section 12(3) shall be returned to the county road commission of each county for snow removal purposes, including the purchase and maintenance of equipment for snow removal and shall be distributed among the counties on the basis of each respective county's average percentage share of the total amount returned annually to all counties in the state in each of the 14 calendar years before 1987.

Before November 30 of each year, the state transportation department shall certify to the department of management and budget its determination of the amount to which each county is entitled from the distribution authorized by this section. Before December 15 of each year the department of management and budget shall cause to be paid to the county treasurer of each county entitled to money for snow removal purposes the amount to be returned to the county for snow removal purposes under this section and the amount returned shall be deposited to the credit of the county road fund.

History: Add. 1957, Act 262, Eff. July 1, 1957; Am. 1972, Act 327, Imd. Eff. Jan. 3, 1973; Am. 1978, Act 444, Imd. Eff. Oct. 10, 1978; Am. 1979, Act 58, Imd. Eff. July 18, 1979; Am. 1982, Act 438, Eff. Jan. 1, 1983; Am. 1987, Act 234, Imd. Eff. Dec. 28, 1987
Mich. Comp. Laws § 500.1281 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.1281
Scope of chapter.
Status: in_force

Sec. 1281.

This chapter applies to travel insurance that covers a resident of this state and is sold, solicited, negotiated, or offered in this state and for which policies and certificates are delivered or issued for delivery in this state. Except as otherwise provided in this chapter, this chapter does not apply to cancellation fee waivers and travel assistance services.

History: Add. 2020, Act 266, Imd. Eff. Dec. 29, 2020