FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 600.2912c — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.2912c
Action alleging medical malpractice; filing affidavit certifying noninvolvement; dismissal of claim; reinstatement of party; discovery.
Status: in_force

Sec. 2912c.

In an action alleging medical malpractice, a party named as a defendant in the action may, instead of answering or otherwise pleading, file with the court an affidavit certifying that he or she was not involved, either directly or indirectly, in the occurrence alleged in the action. Unless the affidavit is opposed pursuant to subsection (2), the court shall order the dismissal of the claim, without prejudice, against the affiant.

Any party to the action may oppose the dismissal or move to vacate an order of dismissal and reinstate the party who filed the affidavit if it can be shown that the party filing the affidavit was involved in the occurrence alleged in the action. Reinstatement of a party to the action under this subdivision shall not be barred by any statute of limitations defense that was not valid at the time the action was originally commenced against the affiant. The opposing party may obtain discovery regarding the involvement or noninvolvement of the party filing the affidavit. The discovery shall be completed within 90 days after the date the affidavit is filed.

History: Add. 1986, Act 178, Eff. Oct. 1, 1986
Mich. Comp. Laws § 600.5078 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.5078
Award; error or omissions.
Status: in_force

Sec. 5078.

Unless otherwise agreed by the parties and arbitrator in writing or on the record, the arbitrator shall issue the written award on each issue within 60 days after either the end of the hearing or, if requested by the arbitrator, after receipt of proposed findings of fact and conclusions of law.

Subject to the other restrictions in this subsection, if the parties reach an agreement regarding child support, custody, or parenting time, the agreement shall be placed on the record by the parties under oath and shall be included in the arbitrator's written award. An arbitrator shall not include in the award a child support amount that deviates from the child support formula developed by the state friend of the court bureau unless the arbitrator complies with the same requirements for such a deviation prescribed for the court under the law that applies to the domestic relations dispute that is being arbitrated.

An arbitrator under this chapter retains jurisdiction to correct errors or omissions in an award until the court confirms the award. Within 14 days after the award is issued, a party to the arbitration may file a motion to correct errors or omissions. The other party to the arbitration may respond to such a motion within 14 days after the motion is filed. The arbitrator shall issue a decision on the motion within 14 days after receipt of a response to the motion or, if a response is not filed, within 14 days after expiration of the response period.

History: Add. 2000, Act 420, Eff. Mar. 28, 2001
Mich. Comp. Laws § 421.58 — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.58
Suspension of provisions.
Status: in_force

Sec. 58.

Suspension of certain provisions. If at any time the governor shall find that the provisions of this act requiring the payment of contributions and benefits have been held invalid under the constitution of this state by the supreme court of this state, or under the United States constitution by the supreme court of the United States, in such manner that any person or concern required to pay contributions under this act might secure a similar decision, the governor shall publicly so proclaim and upon the date of such proclamation, the provisions of this act requiring the payment of contributions and benefits shall be suspended. The commission shall thereupon requisition from the unemployment trust fund all moneys therein standing to its credit and shall direct the treasurer of the unemployment compensation fund to deposit such moneys, together with any other moneys in the fund, as a special fund in any banks or public depositories in this state in which general funds of the state may be deposited and to hold such moneys for such disposition as the legislature may prescribe.

History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936; Am. 1937, Act 347, Imd. Eff. Aug. 5, 1937; CL 1948, 421.58
Mich. Comp. Laws § 333.13807 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.13807
Definitions; P to T.
Status: in_force

Sec. 13807.

(1) "Pathogen" means a microorganism that produces disease.

(2) "Pathological waste" means human organs, tissues, body parts other than teeth, products of conception, and fluids removed by trauma or during surgery, autopsy, or other medical procedure, and not fixed in formaldehyde. Pathological waste does not include a fetus or fetal body parts.

(3) "Point of generation" means the point at which medical waste leaves the producing facility site.

(4) "Producing facility" means a facility that generates, stores, decontaminates, or incinerates medical waste.

(5) "Products of conception" means any tissues or fluids, placenta, umbilical cord, or other uterine contents resulting from a pregnancy. Products of conception do not include a fetus or fetal body parts.

(6) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of medical waste into the environment in violation of this part.

(7) "Response activity" means an activity necessary to protect the public health, safety, welfare, and the environment, and includes, but is not limited to, evaluation, cleanup, removal, containment, isolation, treatment, monitoring, maintenance, replacement of water supplies, and temporary relocation of people.

(8) "Sharps" means needles, syringes, scalpels, and intravenous tubing with needles attached.

(9) "Storage" means the containment of medical waste in a manner that does not constitute disposal of the medical waste.

(10) "Transport" means the movement of medical waste from the point of generation to any intermediate point and finally to the point of treatment or disposal. Transport does not include the movement of medical waste from a health facility or agency to another health facility or agency for the purposes of testing and research.

History: Add. 1990, Act 21, Eff. June 4, 1990; Am. 2012, Act 499, Eff. Mar. 31, 2013
Mich. Comp. Laws § 500.2322 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.2322
Agent authorized to solicit, negotiate, or effect worker's compensation insurance on behalf of facility or participating member; rights and duties.
Status: in_force

Sec. 2322.

Every agent who is authorized to solicit, negotiate, or effect worker's compensation insurance on behalf of the facility or on behalf of any participating member shall:

Offer to place worker's compensation insurance through the facility for any applicant requesting the agent to do so.

Be entitled to receive, and any participating member be entitled to pay, a commission for placing insurance through the facility at the uniform rates of commission as provided in the plan of operation.

History: Add. 1982, Act 8, Eff. Jan. 1, 1983
Mich. Comp. Laws § 450.4801 — MI Code / Chapter 450 / Act Act-23-of-1993 / Section 450.4801
Dissolution and winding up; conditions.
Status: in_force

Sec. 801.

A limited liability company is dissolved and its affairs shall be wound up when the first of the following occurs:

(a) Automatically, if a time specified in the articles of organization is reached.

(b) If a vote of the members or other event specified in the articles of organization or in an operating agreement takes place.

(c) The members entitled to vote unanimously vote for dissolution.

(d) Automatically, if a decree of judicial dissolution is entered.

(e) A majority of the organizers of the limited liability company vote for dissolution, if the limited liability company has not commenced business; has not issued any membership interests; has no debts or other liabilities; and has not received any payments, or has returned any payments it has received after deducting any amount disbursed for payment of expenses, for subscriptions for its membership interests.

History: 1993, Act 23, Eff. June 1, 1993; Am. 1997, Act 52, Imd. Eff. July 1, 1997; Am. 2002, Act 686, Imd. Eff. Dec. 30, 2002; Am. 2010, Act 290, Imd. Eff. Dec. 16, 2010
Mich. Comp. Laws § 333.29105 — MI Code / Chapter 333 / Act Act-220-of-2020 / Section 333.29105
Industrial hemp program; USDA approval.
Status: in_force

Sec. 105.

(1) The department shall establish, operate, and administer an industrial hemp program.

(2) The department shall develop and submit to the USDA for approval an industrial hemp plan for this state that complies with 7 USC 1639o to 1639s. Upon approval, the department shall use the industrial hemp plan to implement the program.

History: 2020, Act 220, Imd. Eff. Oct. 16, 2020
Mich. Comp. Laws § 168.147 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.147
Representative in congress; removal from office.
Status: in_force

Sec. 147.

Any representative in congress may be removed from office as provided in section 5 of article 1 of the United States constitution.

History: 1954, Act 116, Eff. June 1, 1955
Mich. Comp. Laws § 331.303 — MI Code / Chapter 331 / Act Act-1-of-1912-1st-Ex-Sess- / Section 331.303
Bond issue; tax levy for payment.
Status: in_force

Sec. 3.

It shall be the duty of the common council of any city availing itself of the provisions of this act, from time to time, as it may be necessary, to levy and collect such sums of money as may be required to pay the principal and interest of any bonds or other evidences of indebtedness voted by such city under this act.

History: 1912, 1st Ex. Sess., Act 1, Imd. Eff. Mar. 8, 1912; CL 1915, 10878; CL 1929, 7083; CL 1948, 331.303
Mich. Comp. Laws § 290.659 — MI Code / Chapter 290 / Act Act-232-of-1965 / Section 290.659
Refunds.
Status: in_force

Sec. 9.

Money remaining from the assessments collected under a marketing program may be refunded at the close of any marketing season upon a pro rata basis to all persons from whom assessments were collected. If the committee finds that the money may be necessary to defray the cost of operating a marketing program in succeeding marketing seasons, all or any portion of the money may be carried over into succeeding seasons.

Upon termination of any marketing program, all money remaining and not required to defray the expenses of operating the marketing program shall be refunded on a pro rata basis to persons from whom assessments were collected. If the committee finds that the refundable amount is so small as to make impracticable the computation and refunding of the money, it may be used to defray the expenses incurred by the department in the formulation, adoption, administration, or enforcement of any subsequent marketing program for the commodity or for agricultural research for that commodity. In the case of money earned from royalties, license fees, or other assets that may be collected or received after termination of a marketing program, that money shall be allocated to any institution of higher education engaged in agricultural or nutritional research, as determined by the director.

History: 1965, Act 232, Eff. Mar. 31, 1966; Am. 1996, Act 216, Imd. Eff. May 28, 1996; Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002
Mich. Comp. Laws § 257.641 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.641
Designating 1-way traffic; signs; driving to right of rotary traffic island; violation as civil infraction.
Status: in_force

Sec. 641.

The state highway commissioner may designate any highway or any separate roadway under his jurisdiction for 1-way traffic and shall erect appropriate signs giving notice thereof.

Upon a roadway designated and signposted for 1-way traffic a vehicle shall be driven only in the direction designated.

A vehicle passing around a rotary traffic island shall be driven only to the right of that island.

A person who violates subsection (2) or (3) is responsible for a civil infraction.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 1978, Act 510, Eff. Aug. 1, 1979
Mich. Comp. Laws § 331.252 — MI Code / Chapter 331 / Act Act-236-of-1943 / Section 331.252
Board of trustees; appointment, members, terms.
Status: in_force

Sec. 2.

The construction, equipment, operation and maintenance of such hospital shall be under the supervision and control of a board who shall constitute a body corporate and be known as the board of trustees of the .............. university county hospital. The board of trustees shall consist of 7 members, 3 of whom shall be chosen by the board of education of the county, not more than 1 of whom shall be a doctor of medicine, and 3 of whom shall be chosen by the governing board of the university referred to in section 1 hereof, not more than 1 of whom shall be a doctor of medicine. The ranking executive officer of the college of medicine of said university shall be an ex officio member of said board of trustees. The appointed trustees shall serve without salary for such term or terms as the appointing power shall determine at the time of such appointment.

History: 1943, Act 236, Imd. Eff. Apr. 22, 1943; CL 1948, 331.252
Mich. Comp. Laws § 333.17068 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.17068
Application by physician's assistant for licensure or renewal of licensure; form; requirements for relicensing; standards; temporary license.
Status: in_force

Sec. 17068.

A physician's assistant shall apply for licensure or renewal of licensure on a form provided by the department.

A physician's assistant who has failed to renew a license may be relicensed upon showing that he or she meets the current requirements for licensure set forth in this part and rules promulgated under this part. In relicensing an individual under this section, the task force may establish standards for training, education, or experience equivalent to current educational and practice requirements. A temporary license under section 17072 may be issued pending the results of action taken under this subsection.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1988, Act 462, Eff. Sept. 1, 1989
Mich. Comp. Laws § 600.8158 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8158
Ninety-third district; Schoolcraft and Alger counties.
Status: in_force

Sec. 8158.

(1) Until the date determined under subsection (2), the ninety-third district consists of the counties of Schoolcraft and Alger, is a district of the first class, and has 1 judge.

(2) Beginning on the date on which a vacancy occurs in the office of district judge in the ninety-third district or the beginning date of the term for which the incumbent district judge in the ninety-third district no longer seeks election or reelection to that office, whichever is earlier, the ninety-third district consists of the counties of Schoolcraft and Alger and is a district of the first class. Under section 810a, the probate judge for the fifth probate district described in section 807 shall serve as judge of the ninety-third district.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968; Am. 2012, Act 34, Imd. Eff. Feb. 28, 2012
Mich. Comp. Laws § 700.2714 — MI Code / Chapter 700 / Act Act-386-of-1998 / Section 700.2714
Survivorship required for gift under trust; substitute gift; applicability of subsection (1).
Status: in_force

Sec. 2714.

Subject to subsection (2), a future interest under the terms of a trust is contingent on the beneficiary surviving the distribution date. If a beneficiary of a future interest under the terms of a trust fails to survive the distribution date, the following apply:

Except as provided in subdivision (d), if the future interest is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created in the beneficiary's surviving descendants. The surviving descendants take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the distribution date.

Except as provided in subdivision (d), if the future interest is in the form of a class gift, other than a future interest to "issue", "descendants", "heirs of the body", "heirs", "next of kin", "relatives", or "family" or a class described by language of similar import, a substitute gift is created in the surviving descendants of a deceased beneficiary. The property to which the beneficiaries would have been entitled had all of them survived the distribution date passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which he or she would have been entitled had the deceased beneficiaries survived the distribution date. Each deceased beneficiary's surviving descendants who are substituted for the deceased beneficiary take by representation the share to which the deceased beneficiary would have been entitled had the deceased beneficiary survived the distribution date. As used in this subdivision, "deceased beneficiary" means a class member who fails to survive the distribution date and leaves 1 or more surviving descendants.

For the purposes of section 2701, words of survivorship attached to a future interest are not, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of this section. Words of survivorship include words of survivorship that relate to the distribution date or to an earlier or an unspecified time, whether those words of survivorship are expressed in condition-precedent, condition-subsequent, or another form.

If a governing instrument creates an alternative future interest with respect to a future interest for which a substitute gift is created by subdivision (a) or (b), the substitute gift is superseded by the alternative future interest only if an expressly designated beneficiary of the alternative future interest is entitled to take in possession or enjoyment.

Subsection (1) does not apply to a future interest if the beneficiary of the interest died or irrevocably transferred the interest before April 1, 2000.

History: 1998, Act 386, Eff. Apr. 1, 2000; Am. 2004, Act 314, Eff. Sept. 1, 2004
Mich. Comp. Laws § 16.703 — MI Code / Chapter 16 / Act Act-240-of-1970 / Section 16.703
Hearings, orders, rules.
Status: in_force

Sec. 3.

The hearings and proceedings of whatever nature now pending before the department of social services with respect to the commodities surplus food distribution section are not abated, but are transferred to the state department of education without notice to interested parties and shall be conducted in the same manner and determined in accordance with the provisions of law concerning the hearings and proceedings. The orders and rules of the commodities surplus food distribution section shall continue in effect until amended or rescinded by the department of education.

History: 1970, Act 240, Imd. Eff. Dec. 30, 1970
Mich. Comp. Laws § 286.652 — MI Code / Chapter 286 / Act Act-234-of-1966 / Section 286.652
Exemption from act of certain employment agencies.
Status: in_force

Sec. 2.

This act does not apply to an employment agency established and operated by this state, the United States or a municipality of this state or a person who operates a labor bureau or employment office in conjunction with his own business for the sole and exclusive purpose of employing help for his own use within this state, or to agricultural producers acting jointly or severally in securing farm laborers for their own use in this state.

History: 1966, Act 234, Imd. Eff. July 11, 1966
Mich. Comp. Laws § 207.566 — MI Code / Chapter 207 / Act Act-198-of-1974 / Section 207.566
Duration of industrial facilities exemption certificate; date of issuance of certificate of occupancy.
Status: in_force

Sec. 16.

Unless earlier revoked as provided in section 15, an industrial facilities exemption certificate shall remain in force and effect for a period to be determined by the legislative body of the local governmental unit and commencing with its effective date and ending on the December 31 next following not more than 12 years after the completion of the facility with respect to both the real property component and the personal property component of the facility. The date of issuance of a certificate of occupancy, if one is required, by appropriate municipal authority shall be the date of completion of the facility.

In the case of an application which was not filed within 12 months after the commencement of the restoration, replacement, or construction of the facility but was filed within the succeeding 12-month period as provided in section 9(2)(a), the industrial facilities exemption certificate, unless earlier revoked as provided in section 15, shall remain in force and effect for a period commencing with its effective date and ending on the December 31 next following not more than 11 years after completion of the facility with respect to both the real property component and the personal property component of the facility. The date of issuance of a certificate of occupancy, if one is required, by appropriate municipal authority shall be the date of completion of the facility. This subsection shall not apply for certificates issued after December 31, 1983.

In the case of an application filed pursuant to section 9(4), an industrial facilities exemption certificate, unless earlier revoked as provided in section 15, shall remain in force and effect for a period to be determined by the legislative body of the local governmental unit and commencing on the effective date of the certificate and ending on the December 31 next following not more than 11 years after the effective date of the certificate.

History: 1974, Act 198, Imd. Eff. July 9, 1974; Am. 1976, Act 224, Imd. Eff. July 30, 1976; Am. 1978, Act 38, Imd. Eff. Feb. 24; Am. 1982, Act 417, Imd. Eff. Dec. 28, 1982
Mich. Comp. Laws § 333.16801 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.16801
Definitions; scope of practice; limitation.
Status: in_force

Sec. 16801.

As used in this part:

"Audiologist" means an individual licensed under this article to engage in the practice of audiology.

"Practice of audiology" means the nonmedical and nonsurgical application of principles, methods, and procedures related to disorders of hearing, including all of the following:

Facilitating the conservation of auditory system function.

Developing and implementing hearing conservation programs.

Preventing, identifying, and assessing hearing disorders of the peripheral and central auditory system.

Selecting, fitting, and dispensing of amplification systems, including hearing aids and related devices, and providing training for their use.

Providing auditory training, consulting, education, and speech reading to individuals with hearing disorders.

Administering and interpreting tests of vestibular function and tinnitus in compliance with section 16809 and in adherence to the mandate of subsection (2).

Routine cerumen removal from the cartilaginous portion of the external ear in otherwise healthy ears except that if the audiologist, while engaged in routine cerumen removal, discovers any trauma, including, but not limited to, continuous uncontrolled bleeding, lacerations, or other traumatic injuries, he or she shall, as soon as practically possible, refer the patient to a person licensed in the practice of medicine or osteopathic medicine and surgery.

Speech and language screening limited to a pass-fail determination for the purpose of identification of individuals with disorders of communication.

Practice of audiology does not include the practice of medicine or osteopathic medicine and surgery or medical diagnosis or treatment.

In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.

History: Add. 2004, Act 97, Imd. Eff. May 7, 2004